HomeMy WebLinkAbout#1334- Deed; From City of South Bend to Memorial Hospital. (Underground telecommunications cables)4*i33y
AGREEMENT FOR EASEMENT - from City
of South Bend to Memorial Hospital
(underground telecommunications
cables)
CITY ®f SOUTH BEND
ROGER O PARENT, Mayor
COUNTY -CITY BUILDING SOUTH BEND. INDIANA 46601
October 29, 1984
BOARD OF PUBLIC WORKS
John E. Loszczynskl. Prosld On[
Richard L. Hill
Michael L. Vonco
Mr. Carl Ellison
Memorial Hospital of South Bend
615 North Michigan Street
South Bend, Indiana
RE: TELECOMMUNICATIONS EASEMENT
Dear Mr. Ellison:
219/284.9412
Attached for your information is a completely executed
cony of the Agreement for Easement entered into between the
City of South Bend and Memorial Hospital for the purpose of
placing underground telecommunications cables under certain
public alleys within the City of South Bend, as described
in the easement.
If you have any further questions regarding this matter,
please do not hesitate to contact this office.
Sincerely,
BOARD OF PUBLIC WORKS
andra M. Parmerlee, Clerk
SMP/mP
Attachment
CITY of SOUTH 'SEND
ROGER O. PARENT, Mayor
COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601
Richard L. Hill
Croy Attorney
ThomasL. Bodnar October 26, 1984
Chief Deputy
David C. Chapleau
R. William Jonas, Jr.
Marva J. Leonard
John M. Marnocha
Carolyn V. Pfotenhauer
Robert C. Rosenfeld
Eugenia S. Schwartz
Mr. Carl Ellison
Memorial Hospital of South Bend
615 North Michigan Street
South Bend, Indiana 46601
Re: Telecommunications Easement
Dear Carl:
2191284.9241
Attached you will find the original and one (1) copy of the
Easement which was requested by Cole Associates for use by Memorial
Hospital in installing its underground telecommunications cables.
Please have both copies executed by the appropriate person and return
them this afternoon to Sandra Parmerlee, Clerk of the Board of Public
Works, 13th Floor, County -City Building so that they can be put on the
Board of Works agenda for Monday, October 29.
If you have any questions on this matter, please feel free to call
me.
Sincerely,
Carolyn V. Pfotenhauer
Assistant City Attorney
Attachments
cc: Sandra Parmerlee, Clerk
CVP:dlm
AGREEMENT FOR EASEMENT
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
Memorial Hospital of South Bend, hereinafter called the "Grantee," a
permanent easement in and under the hereinafter described land for the
purpose of placing underground telecommunication cables under certain
public alleys within the City of South Bend. The easement will be a
four foot (4') wide continuous easement that lies east of and south of
the following defined continuous line, more particularly described as
follows :
Beginning at a point on the east line of lot 129
of part of the original plat of the City of
South Bend, St. Joseph County, Indiana, which
point is 4 feet south of the northeast corner of
said lot 129 which point is the true point of
beginning; thence north along the east line of.,
said lot 129 and east line (extended) to the z=-• („
southeast corner of lot 1 of Rockstroh Brother
Addition a distance of 86.5 feet more or lessy�� o
thence north along the east property lines of---.)cDv,
lots 1,2,3, and 4 of the Rockstroh Brothers
Addition a distance or 195 feet more or less;rn�>s
thence continuing north along the east proper9y C.
line (extended) a distance of 14 feet more or-,)
less to the southeast corner of lot 5 of the`-'
Rockstroh Brothers Addition; thence west along
the south property line of lot 5 a distance of
165 feet more or less; thence continuing west
along the south property line (extended) a
distance of 99 feet more or less to the west
right-of-way line of Michigan Street to the
point of termination for a total distance of
562.5 feet more or less.
Grantee agrees that it will not close said alleys or
interfere with vehicular traffic thereon during construction and that
following construction the jacking trenches will be back filled and the
real estate will be put into the same condition as it was prior to the
jacking procedure.
Grantee assumes responsibility for informing all utility
companies prior to the jacking procedure and will repair any damage
done to City property as a result of its use of this easement.
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the Grantee agrees to 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
on this - day of 6C 1984.
MEMORIAL HOSPITAL OF
SOUTH BEND, INC.
By:Its: i *_JV
CITY OF SOUTH BEND
BOARD OF PUBLIC WORKS
John E. Leszcz�n kvi, President
Richard L. H
__)NI I _.. D C-, T e - ���
Mic ael L. Vance
ATTEST:
Sr` IV . ) o
an ra M. Parmer 1 ee, Clerk
This instrument prepared by Carolyn V. Pfotenhauer, Assistant City
Attorney, 1400 County -City Building, South Bend, Indiana 46601.
-2-
WANDA -A. Nii`45-K
NOV Z a 53 AH'04
ST. JOSE.PH Co,
I N D I A N A
i= L D FOR REO"ORO