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HomeMy WebLinkAbout#458- Deed; Part of lot 6 and 7 in weavers subdivision alley vacation resolution no.3278 -A.T. & .TGRANT OF EASE ENT Part of Lot 6 and 7 in Weaver's Subdivision in the City of South Bend, St. Joseph Courjt, Indian Alley Vacation Resolution No. 3278 - A. T. & T. V GRANT OF EASEMENT TO THE CITY OF SOUTH BEND, APR 28 1969 INDIANAtFOR THE USE OF THE PUBLIC Bord of Mlic Works & Safety DORI$ ':ALLEN,,*erk IN CONSIDERATION of the payment of One Dollar (*1.00) and other good and valuable consideration, receipt whereof is hereby acknowledged, the undersigned, AMERICAN TELEPHONE AND TELEGRAPH COMPANY, hereby gives and grants to the City of South Bend, Indiana, a municipal corporation, for vehicular and pedes- trian use by members of the public, an easement over the follow- ing described land in the City of South Bend, County of St. Joseph, State of Indiana: C" Part of Lots 6 and 7 in Weaver's Subdivision in '_0 ;2 the City of South Bend, St. Joseph County, 4ZI Indiana being further described as follows: C-5 C> uj -r Ln 0-:4, Beginning at a point on the South line of said .4r. Lot 7 being 22.0 feet east of the Southwest CL; corner of said Lot; thence north parallel to the west line of said Lot 7, a distance of 111.00 feet; thence east along the north line of the - tn"'south 111.00 feet of Lots 6 and 7, a distance of 13.00 feet; thence south parallel to the west line of Lot 7, a distance of 111.00 feet to an iron pipe on the north line of Wayne Street and south line of Lot 6; thence west along said line, 13.00 feet to the point of beginning.- An appropriate and suitable surface for the above de- scribed property shall be initially provided by the Grantor, as well as curb cuts therefor, at the expense of the Grantor herein. The foregoing work shall be done and the foregoing way ready for use not later than August 15th, 1969. IN WITNESS WHEREOF, American Telephone and Telegraph Company has caused these presents to be duly signed and its corporate 5eai affixed riereco t>y as its General Manager pursuant to authority granted BOOK me by its Board of Directors, 'Cof R. 0? 2 43 this 22nd day of AP_ril 1 1969. Ar,liERICAN TELEPHONE AND TELEGRAPH COMPANY By General Manager STATE OF Illinois ss: COUNTY OF Cook Before me, a Notary Public, in and for such County and State, on the 22nd , day of A_pril , 1969, appeared R. D. Watson General Maaager.. of American Telephone and Telegraph Company, the corporation named in and which executed the within Easement, and acknowledged that the seal affixed to said Easement is the seal of such corporation; that said Easement was signed in and on behalf of such corporation by authority of its Board of Directors; and that the foregoing person, as such officer, acknow- ledged the execution of the foregoing Easement to be his voluntary act and deed on behalf of such corporation. Notary ilic My Commission expires: ......... ... y., May 16, 1971 t 14- This instrument prepared by: Joseph A. Roper 301 St. Joseph BankBui��d"inch South Bend, Indiana 46601 00 4 C E R T I F I C A T 2 589/-10 I, W. A. Fisher, Assistant Secretary of American Telephone and Telegraph Company, hereby certify. 1. That the following resolution was adopted by the Board of Directors of American Telephone and Telegraph Company at a meeting held on December 20, 1967, which reso- lution is now in full force and effect: "RESOLVED: that the following delegation of authority by the Chairman of the Board for the operation of the business of the Long Lines Department, to replace and supersede existing '@thorities, is approved: CIL- DELEGATION OF AUTHORITY TO LONG LINES DEPARTMENT BOARD EFFECTIVE DECEMBER20 1967 2 The Long Lines Department Board shall consist of riot -16-,bs than six nor more than twelve members, the exact nuab within such minimum and maximum limits to be fixed rime to time by the Chairman of the Board, and shall intlrde the Vice President of this company who has been designated to be in charge of the Long Lines Department and one additional member from the Long Lines Department to be designated by the Vice President in charge of that Department with the approval of the Chairman of the Board. The remaining members shall be designated by the Chairman of the Board from among the officers of this company holding office from time to time. Said Board shall take charge of and carry on the portion of the business of this Company involved in the operation of its Long! Lines Department in accordance with the lines of general policy which have been or may be laid down by the Board of Directors. The Long Lines Department Board shall have authority: 1. To transact the ordinary business of the Long Lines Department,, including, but not limited to, authority to do or cause to be done, in the name and behalf of the company, the following: B ou Z - "101 0 PAGE 6 To acquire, by purchase or otherwise, and to sell, assign, transfer, lease or otherwise dispose of, real or personal property or any interest therein; To establish classifications of, and to make, publish, and file rates and regulations for, services furnished by the Long Lines Department; To enter into arrangements with Associated Companies of the Bell System and others covering service offerings, traffic grants, rates, division of business, division of revenues, and other business matters; (d) To enter into arrangements with Associated Companies of the Bell System and others covering routing of traffic, joint use of plant and facilities, working forces, and other operating matters; (e) To construct, maintain, remove, or otherwise retire plant and facilities; (f) To compromise and settle claims; (9) To keef,, and maintain books of account and records appropriate to a separate operating department, subsidiary to the general books and records of the Company; (h) To execute, acknowledge and deliver deeds, assignments, leases, contracts, bills of sale, applications, releases, powers of attorney, bonds, and other instruments; (i) To prepare and file applications, reports, and other documents with, and to enter into arrangements with, any department, agency, or official of the United States or any other nation, or of any state, county, municipality, or other political subdivision. 2. To, establish and maintain such an organization of the Long Lines Department as it deems best adapted to the efficient operation of its business, and to determine the titles, duties and salaries of employees, of the Long Lines Department, the authority to, determine salaries to be as authorized by the Board of Directors from time to, time. 3. To authorize the disbursement of the funds of the Long Lines Department, including the designation of the person or persons by whom such payments shall be made and the person or persons who shall approve vouchers for such payments. 3 4. To institute in the name of this Company any legal, equitable, or administrative Proceedings which may be necessary or proper to protect or promote the interests of the Long Lines Department, including the exercise of the power of eminent domain, and to defend or intervene in any proceeding affecting its interests® 5. To perform all acts which may be necessary or proper for the exercise of any of the foregoing powers. 6. Subject to such limitations as it may deem proper, to delegate to the Vice Fresident in charge of the Long Lines Department any or all of the powers herein granted, and to authorize him to delegate any or all of such powers to such employees of the Long Lines Department as he may designate; provided, however, that the Long Lines Department Board shall not delegate authority: (a) To enter into arrangements with Associated Companies of the Bell System and others covering a new service offering or the basis of division of business or revenues, without the specific approval of the Long Lines Department Board; (b) To construct, purchase, sell, remove or otherwise retire plant and facilities, including real property or any interest therein in any case where the estimated charges for gross additions and removals, or the original cost of the plant retired or sold., exceeds $50,000, without the specific approval of the Long Lines Department Board; (c) To fix the compensation of employees except as other- wise authorized by the Board of Directors. The Long Lines Department Board shall maintain records of its proceedings and make written monthly reports to the Board of Directors or to the Executive Committee. Four members of the Long Lines Department Board shall constitute a quorum unless the total membership of said Board is fixed at ten or more, in which case, five members shall constitute a quorum. This delegation shall supersede all prior authorizations to the Long Lines Department Board for the operation of the business of the Long Lines Department, but shall not affect the validity of any acts heretofore performed or authorized under the authority conferred upon the Long Lines Department Board from time to time." BOX 248 PAGE303 - 4 - BOOK 248 PAG[304 2. 1 further certify that the following is a true and correct copy of a resolution adopted by the Long Lines Department Board at a meeting held on February 19, 1968: "RESOLVED: that, pursuant to the authority delegated to this Board by the Chairman of the Board and approved by the Board of Directors on December 20, 1967, this Board hereby delegates to the Vice President in charge of the Long Lines Department any and all powers delegable to him under said Resolution of December 20, 1967, and RESOLVED FURTHER: that this Board authorizes and approves the issuance by the Vice President in charge of the Long Lines Department of Executive Instructions No. 2, designated as Schedule of Authorizations, revision of March 1, 1968, as submitted to this meeting, and RESOLVED FURTHER: that the Vice President in charge of the Long Lines Department may from time to time issue) without the approval of this, Board, instructions or orders amending, modifying, transferring, or abrogating the duties, responsibilities, or authority of employees of the Long Lines Department as set forth in the Schedule of Authorizations or elsewhere, provided, however, that no such amendment or modification shall authorize any employee to exercise any authority reserved to this Board in said Schedule, or approved revisions thereto, unless the prior approval of this Board is obtained," 3. 1 further certify that the following is a true and correct copy of excerpts of said Schedule of Authorizations, revision of March 1, 1966, now in full force and effect: Application and Use of This Schedule "Scope of Schedule - The Vice President has general charge and direction of the Long Lines Department with authority to carry on the ordinary business of the Department. Subject to such limitations as are estab- lished by the Long Lines Department Board, the Vice President has the responsibility and the authority to determine the titles, salaries and duties of others in the Department and also the authority to delegate to others in the Department so much of his authority as he considers proper. Pursuant to this authority, the Vice President delegates to designated management employees - 5 - authority to act for the American Telephone and, Telegraph Company as set forth in this Schedule. Each member of the Executive Statf is expected to limit the authority delegated W supervisors in his organization as appropriate. For convenience of reference the Schedule includes certain authorities which are reserved to an Assistant Treasurer, the Long Lines Department Benefit Committee, the Vice President and the Long Lines Department Board. Prior Delegations Superseded - This Schedule super- sedes all prior delegations of authDrity made by or under the authority of the Vice President, or any of his prede- cessors, except thaL existing departmental instructions, which limit the authorities specified in this Schedule, shall continue in effect until changed or cancelled. Use of Authority Herein Delegated - The authority delegated to designated management employees shall be exercised only in connection with the employees, operations, and activities of the organizations for which the delegates are directly responsible. The authorities granted are broad and it is expected that those to whom authority is delegated will, before taking action pursuant to such authority. discuss unusual or especially important matters with higher supervision. Members of one department are expected to confer with those of other departments an matters affecting the responsibilities or activities of such other departments. Foregoing Not To Be Construed As Limitations - Persons outside of the Company, may, unless otherwise specifically advised, rely an We authorities set forth herein as being in full force and effect, and, as Lo such persons, the foregoing proviSiDns shall not be construed as limitations upon said authorities. "For the purpose of this Schedule: (10) The following abbreviations are used herein: it is Al A Area Aty Attorney GM - General Manager a All r I "'- lM1Crk16 OR)) 6 BOOK Sale, Assignment and Release of Real Property Rights To sell, assign, release or otherwise dispose of real property, rights of way,, easements and other rights in real property, subject to estimate require- ments, where the original cost of any such property or rights: a6 Does not exceed �10,000.11 GM (A) 4. 1 further certify that the present Central Area General Manager of the Long Lines Department is Mr. R. D. Watson. MY�'_ Assistant Secretary 4� 2 Subscribed and worn to before me, a Notary Public., in and for the County of St. Joseph., State of Indiana, this 28th day of April, 1969. Jo's"epft'0 A. ta ry public �i%tommission expires: V, _0 '"� ;Vri�b e er 25 19'70 -4 - I