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Home My WebLink About#1329- Deed; AGREEMENT FOR EASEMENT St. Joseph Care Group, Inc. (for construction & maintenance of underground pedestrian tunnel within the right-of-way of Cedar Street between St. Louis & St. Peter Streets.)AGREEME-14T FOR EA`'EMENT - S t . Joseph Care Group, Inc. (for construction and .Maintenance of underground pedestrian tunnel within the right -of -tray of Cedar Street between St. Louis and St. Peter Streets) . CITY ATTORNEY IS OFFICE --"nv MEMO RECORDER'S RECEIPT NQ 954 . S thBend, lnd„ SEPTEMBER 14, 1984 TO: Received of DATE ; NO. FRC 1 DEEDS MORTGAGES AMOUNT I MECHANICS SUF 1 U.C.C. FILING LEN)A S li RELEASES J J ASSIGN/4ENTS 1 J POWE"" 01 1 ATTORNEY 1 ART. OFIN CORP. I anting to the St. Joseph's C 1 PLATS 1 nt for the construction and T J MARGINAL RELEASES f trian tunnel within the I MARGINALAsSIGNMENTS .n. St. Louis and St. Peter I MISCELLANEO I the September 17 agenda. � � I COPES OF THE FO I LLOWIN -, DEED —No. MTG. — No. 1 1 —No. 1 —No. 1 1 1 1 CHECK TOTAL S CASH S REFUND S WANDA A. NOWAK ST. JOSEPH COUNTY RECORDER CITY ATTORNEY S OFFICE INTER -OFFICE MEMO TO: SANDY PARMERLEE DATE. CLERK, BOARD OF WORKS FROM: CAROLYN PFOTENHAUER ASSISTANT CITY ATTORNEY i SUBJECT: SEPTEMBER 17, 1984 BPW AGENDA SEPTEMBER 14, 1984 Attached is an easement granting to the St. Joseph's Care Group, Inc. a permanent easement for the construction and maintenance of an underground pedestrian tunnel within the right-of-way of Cedar Street between St. Louis and St. Peter Streets. Please put this item on the September 17 agenda. CVP : d1m r a' FROM THE DESK OF .,�. SAND M) PARMERLEE, CLERK Board og\'ubZi.c wo,,U 9 Board fees Albt i.c Sa6et1 9j17/84 0R EASEME14T Caro lye , Again, as I don't have any paperwork on this Agreement for Easement, I would appreciate your forwarding this completely executed copy to the appropriate party and cc--ing ire. Thanks. Sandy end, hereinafter called "Grantor, Dollar ($1.00) and other good and to the Grantor, hereby grants to inafter called "Grantee," a Df building, operating and in and under the following described fi Bend, St. Joseph County, Indiana: ve (5) feet both sides alar from a line more follows, VIZ: Ze north line which the northwest corner of Part of Lot 8 of coucrett s i sc allULLLVII In the City of South Bend; thence northwesterly (assumed bearing north 45' 0 minutes west) a distance of 116.67 feet more or less to a point on the south line of Lot 21 of 1M.E. Listenberger sub of Lot 3 of Cottrell's 1st addition which point is 20.1 feet east of the southwest corner of said lot 21, said point being the termination of said line; said described easement is only that portion of land that is within the right-of-way of Cedar Street, City of South Bend, Indiana. The easement described 'Herein is for the purpose of allowing the existence and operation of an underground pedestrian tunnel within the right-of-way of Cedar Street, between St. Louis and St. Peter Streets, which tunnel will connect the existing Medical Pavilion I building with the new Medical Pavilion II building. The rights hereby granted shall extend to and be binding upon the successors and assigns of the parties hereto. I The Grantee agrees to indemnify and save harmless the Grantor CITY of SOUTH BEND ROGER O. PARENT, Mayor COUNTY -CITY BUILDING SOUTH BEND. INDIANA 46601 RICHARD L. HILL CITY ATTORNEY THOMAS L. BODNAR CHIEF DEPUTY DAVID C, CHAPLEAU GREGORY D. LOUGHRIDGE JOHN M MARNCCHA CAROLYN V. PFOTENHAUER ROBERT C.ROSENFELD EUGENIA S. SCHWARTZ Mr.. R. Dahlkemper Executive Vice President St. Joseph Care Group, Inc. P.O. Box 1935 South Bend, Indiana 46628 Re: Agreement for Easement Dear Mr. Dahlkemper, September 25, 1984 219I284.9241 Attached for your files is a copy of the Agreement for Easement by which the City of South Bend grants to St. Joseph Care Group a permanent easement for the purpose of building, operating and maintaining an underground pedestrian tunnel within the right-of-way of Cedar Street. Yours truly, Carolyn V. Pfotenhauer Assistant City Attorney Attachment CC: Sandy Parmerlee, Clerk, Board of Works CVP:dlm -0--/ 3-;�-9 s4l!)989 AGREEMENT FOR EASEMENT The Civil City of South Bend, hereinafter called "Grantor," in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration in hand paid to the Grantor, hereby grants to St. Joseph's Care Group, Inc., hereinafter called "Grantee," a permanent easement for the purpose of building, operating and maintaining structural appurtances in and under the following described real estate within the City of South Bend, St. Joseph County, Indiana; ;;:;`.;:_• A parcel of land lying five (5) feet both sides of and measured perpendicular from a line more particularly described as follows, VIZ: s f beginning at a point on the north line which -;` point is 7.6 feet east of the northwest corner -. of lot 16 in Howard's sub of Part of Lot 8 of I;y Cottrell's 1st addition in the City of South Bend; thence northwesterly (assumed bearing north 45 0 minutes west) a distance of 116.67~, m .;_ ,.� feet more or less to a point on the south liner �.-...vim, of Lot 21 of M.E. Listenberger sub of Lot 3 of c-,: ; Cottrell's 1 st addition which point is 20.1 fee-t:�--o east of the southwest corner of said lot 21 ''M"' :�, > said point being the termination of said line; said described easement is only that portion land that is within the right-of-way of Cedar CD Street, City of South Bend, Indiana. The easement described herein is for the purpose of allowing the existence and operation of an underground pedestrian tunnel within the right-of-way of Cedar Street, between St. Louis and St. Peter Streets, which tunnel will connect the existing Medical Pavilion I building with the new Medical Pavilion II building. The rights hereby granted shall extend to and be binding upon the successors and assigns of the parties hereto. The Grantee agrees to indemnify and save harmless the Grantor from and against any and all damage, injuries, losses, claims, demands or costs proximately caused by default, culpability or negligence of the Grantee in the use of the property encompassed by this easement. The Grantor covenants that it has the good faith right to grant and convey the easement herein. 4 WITNESS WHEREOF, the Grantor has duly executed this instrument this j;}L;f� day of _�, �) 1984. r ST. JOSEPH'S CARE GROUP, INC. R. Dahlkemper V Its* Executive Vice President ATTEST: David L. Rogers STATE OF INDIANA ) )SS ST. JOSEPH COUNTY ) CITY OF SOUTH BEND, INDIANA, BY AND THROUGH ITS BOARD OF PUBLIC WORKS 1 �r l Jo n E. L e s z c z n ichard L. Hill Sv Lvs� Mic ae L. nce ATTEST: --nJ, Jqv�lnl 0 -Sandra M. Partner ee, Clerk Before me, a notary in and for the said County and State, personally appeared C r�,I,>�i, '�r,.✓ -and known to me and constituting the C.Y. ,;1D,'i, of St. Joseph's Care Group, Inc. who acknowledged the execution of the above and foregoing instrument as their free act and deed this �( day of 1984. Notary Pudic Resident of St. Joseph County -� Y. , 4}P 1ISSION EXPIRES: 1A ) ) SS 1TY ) S419988 Before me, a notary in and for the said County and State, personally appeared John E. Leszczynski, Richard L. Hill and Michael L. Vance, known to me and constituting the Board of Public Works of the City of South Bend, St. Joseph County, Indiana, who acknowledged the execution of the above and foregoing instrument as their free act and deed this i�day of —J41 1984. 'San ra Parmer ee, Notary Pu Zc Resident of St. Joseph County my.,COMMIS5i.0N EXPIRES: This instrument prepared by Carolyn V. Pfotenhauer, Assistant City Attorney, City of South Bend, Indiana 46601. -3 131 4, 19 9 8 8 FILM NO. WANDA SEP Z 1 10 ST, JOSEPH 1-, 01. i L 0 - R E CO