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Home My WebLink About#1333- Deed; AGREEMENT FOR EASEMENT From City of South Bend to Wells Electronics. (4in telephone conduit under Main St)AGREEIUNT FOR FASEMENT - from City of South Lend to Wells Electronics. 0" TELEPNGNE CONDUIT UNDER MAIN ST.) CITY of SOUTH BEND ROGER O PARENT, Mayor COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46661 October 29, 1984 BOARD OF PUBLIC WORKS John £. LosxczynSkl, President Richard L. Hill Michael L. Vance Mr. Richard Mullin Vice President - Finance Wells Electronics, Inc. 1701 South Main Street South Bend, Indiana RE: AGREEMENT FOR EASEMENT Dear Mr, Mullin: 219/284.9412 Attached for your information is a completely executed copy of the Agreement for Easement entered into between the City of South Bend and Wells Electronics, Inc. for the purpose of placing a four inch (4") diameter telephone conduit under Main Street., as described in Exhibit A of the Easement. If you have any further questions regarding this matter, please do not hesitate to contact this office, Sincerely, BOARD OF PUBLIC WORKS Sandra M. Parmerlee, Clerk SMP/mp Attachment t L.1-.L CIl QLt.I �.x. �.. •_ -... .�_ - -- ~-- v. ii1-u 1-ilu same cony1tLon as it was prior to the jacking procedure. P AENKEL5 &WCOY, Jam - GREAT LAKES DIVISION October 10, 1984 1800JOHNSONSTREET • P.O•BOX1067 9 ELKHART,IN46515 (219) 264-1121 Board of Public Works 227 W. Jefferson City County Bld. 13 Floor South Bend, IN 46601 Sir - This letter is being submitted to request easment described in detail with attached documents. This easment will belong to Wells Electronics located at 1701 S. Main St, South Bend, IN. Once granted, this easment will allow Henkels & McCoy to place telephone cable in the described position and complete a telacomunications project belonging to Wells Electronics. k Sincerely,,-J/ p� Gene Tanger Area Manager HENKEl5 &WCOY, J1,,. NEM ROBERT CLEM Supervisor Greer Lakes Division 1800 N. Johnson 5t. P.O. Box 1067 Bus: (219) 264-1121 Elkhart, IN 46515-1067 PERFORMANCE has built our business . prior to the jacking procedure. LJ4dL AGREEMENT FOR EASEMENT k The City of South Bend, Indiana, hereinafter called 'Grantor," in consideration for the sum of One Dollar ($1.00) and other valuable consideration in hand paid to the Grantor, hereby grants to �I ells Electronics Inc., hereinafter called the "Grantee," a permanent ):..= .Jeasement in and under the hereinafter described land for the purpose of placing a four inch (4 ) diameter telephone conduit under Main Street, in conformance with the Valley Engineering Consultants Inc. easement drawing of October, 1984, which drawing is designated as Job Number 1-89 and is attached hereto as Exhibit A. The real estate which is the subject of this easement is a part of the Southwest Quarter of Section 13, Township 37 North, Range 2 East, City of South Bend, Portage Township, Indiana and described as follows: Commencing from the intersection of the North right-of-way line of Calvert Street with the West right-of-way line of Main Street - thence North 000-05'-59" West (bearing assume along the West right-of-way line of South Mairi!=4, .— Street, 175.25 feet to the point of beginning; thence continuing North 00° -05' -59" West, 2.0 0=Z; n: feet; thence North 89°-54'-01" East, 99.00 Up feet; thence South 000-05'-59" East, 2.00 fee"", Z�_; thence South 89°-54'-01" West, 99.00 feet to the point of beginning and containing 198.00 c J` square feet more or less. The Grantee agrees that the telephone conduits to be jacked under said real estate shall be 4" PVC conforming to ASTM designation F512 and that the minimum depth of the pipe shall be five feet Grantee agrees that it will not close Main Street or interfere with vehicular traffic thereon during the jacking procedure and that following construction, the jacking trenches will be back filled and the real estate will put into the same condition as it was prior_ to the jacking procedure. 0 U /333 8,123278 AGREEMENT FOR EASEMENT i tiY, The City of South Bend, Indiana, hereinafter called 'Grantor," in consideration for the sum of One Dollar ($1 .00) and other valuable consideration in hand paid to the Grantor, hereby grants to ells Electronics Inc., hereinafter called the "Grantee," a permanent asement in and under the hereinafter described land for the purpose of 1 placing a four inch (4") diameter telephone conduit under Main Street, in conformance with the Valley Engineering Consultants Inc. easement drawing of October, 1984, which drawing is designated as Job Number R f; 1-89 and is attached hereto as Exhibit A. The real estate which is the I: subject of this easement is a part of the Southwest Quarter of Section k 13, Township 37 North, Range 2 East, City of South Bend, Portage E k Township, Indiana and described as follows: Commencing from the intersection of the North right-of-way line of Calvert Street with the West right--of-way line of Main Street; e thence North 00°-05'-59" West (bearing assume along the West right-of-way line of South Mairi::= ',- Street, 175.25 feet to the point of beginning;"".- ��D thence continuing North 000-05'-59" West, 2.00;z,5 r,_ .- feet; thence North 89°-54'-01" East, 99.00 feet; thence South 00°-05'-59" East, 2.00 fee6 <� thence South 89°-54'-01" West, 99.00 feet to the point of beginning and containing 198.00 j square feet more or less. The Grantee agrees that the telephone conduits to be jacked under said real estate shall be 4" PVC conforming to ASTM designation F512 and that the minimum depth of the pipe shall be five feet Grantee agrees that it will not close Main Street or interfere with vehicular traffic thereon during the jacking procedure and that following construction, the jacking trenches will be back filled and the real estate will put into the same condition as it was prior to the jacking procedure. f� Grantee will assume responsibility for informing all utility companies prior to jacking procedure and will repair any damage done to City property as a result of its use of this easement. The Grantee will indemnify and save the Grantor harmless from and against any and all damage, injuries, losses, claims or demands or costs proximately caused by default, culpability or negligence of the Grantee in the use of the property encompassed by this easement. IN WITNESS WHEREOF, the parties have executed this agreement this - day of O �� 1984. WELLS ELECTRONICS, INC. i By :nL� Its : @ F Alrom C_h. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS John E. Leszczyngki, President Richar L. Hill 4iae L. Vance ATTEST: -Sandra M. Parmerlee, Clerk � zt This instrument prepared by Carolyn V. Pfotenhauer, Assistant City Attorney, 1400 County -City Building, South Bend, Indians 46601. -2- EASEMENT DRAWING for BURIED TELEPH0NE CONDUIT PART OF THE S.W. I/4 OF SECTION 13 T 37 N., R.2 E., PORTAGE TOWNSHIP SOUTH BEND, INDIANA DESCRIPTION OF THE EASEMENT to be conveyed to Walls Electronics, Inc., 1701 South Michigan Street, South Bend, Indiana, from the Board of Public Works, City of South Bend, Indiana, for the purpose of jacking a 4-inch diameter telephone conduit under Maur North R/WLine of DoytonSt, extended Street at the location and described in the drawing. DAYTON ST. (2O'R/W) A part of the Southweje Quarter of Section 13, Township 37 North, Range 2 East, City of South Bend, Portage Township, Indiana and described as follows: Commencing from the intersection of the North right-of-way line of Calvert Street with the West right-of-way line of Main Street; thence North 00°-05'-59" West (bearing assumed) along the West right-of-way line of South Main Street, 175.25 feet to the point of beginning; thence continuing North 0011-05'-59" West, 2.00 feet; thence North 89°-54'-01" East, 99.00 feet; thence South 00°-05'-59" o� oG',�c. East, 2.00 feet; thence South 89°-54'-01" West, 99.00 feet to the 1 a R PIS 5 1 point of beginning and containing 19S.00 square feet more or Less. 1 99' RAW 00��1a'�g 3 NOTE: a I. The telephone conduits to be jacked under Main Street shall be 4PVC conforming l " j o g -�o ASTM designation F512. The minimum °t depth of the pipe shall be 5 feet. o� 2. In no event, Main Street shall be closed for through vehicular t a, } c -� Pspr°� trafif is during the jacking procedure. 0 o 0 3, After the jacking, the jacking trenches shall be back filled O N <��' N89.54'01 E N o _o z �� 99.00' and put back into its original condition. ® 99.00' 4. The contractor shall inform all the utility companies prior to S W 89°540i"Scribe Mark Q� goy nSidewolh J jacking for the location of � any underground pipes, conduits, etc- � 5. Any damage done to the City pToperk� during the �acicing z.r� �.a �o.�' ��' 20.� S.o'S.2 —3r 4 operalt-R)n shall be repaired all contractor s expense. Grama K. Ehagavan Registered Professional Engineer No. 15891 R 00 oN z� N N89°54U E and put Lack into its original condition. 99.00 4. The contractor shall inform all the utility companies prior to conduits, etc, 99.00 Scribe Mark jacking for the IOcation of an underground pipes, S 89° 54 of W in Sidewalk o ,1d{fi9 ' 5. Any damage done to the City property during the tacking 3i • operation shall be repaired at contractor's expense. 20.5' 44 20.5' 5.d 5.2 r I � hucx k�3 ctj ;°'�� .,�f�'-� Grama K. Bagavan Q� ICQ ri' = Registered Professional Engineer No. 15891 eA �`Q17 i _: Registered La nd Surveyor No. S0385 fir. y.., .•••• , y�4- COO X ff• ?.liUJL .1 North R/W Line of Calvert Street CALVERT ST. (601R/W) LOCATION MAP approved by: BOARD OF PUBLIC WORKS Roger 0. Parent -- Mayor `v John LeSZcZ nSlil _-�1;Y4n ri - LiL�Ld'"v ✓'�-s/4�: President Richard Hill Member Michael Vance Member N. -------------------------- Crarno K Bhagovan R.L.S. No. S0385 for Henkels & McCoy, Inc. 1800 Johnson Street Elkhart, Ind. 45514 Revision Date. Revision Date: Valley Engineering Consultants, Inc. 205 W. Jefferson Blvd. Suite 305 South Bend, Indiana 46601 a- S's 0' n C4 porgy iP-8�s Phone 219 / 234- 4494 O �r� by-• Ro/� JoA