HomeMy WebLinkAbout#1401- Deed; TEMPORARY EASEMENT From Memorial Health Properties, Inc. - (Over Bartlett St. for the installation of a telephone line)4V-/<vl,a C
TEMPORARY EASEMENT from Memorial
Health Properties, Inc. --
(Over Bartlett Street for the
installation of a telephone line)
BRUCE C- HAMMERSCHMIDT
RICHARD D. BONEW[TZ
JOSEPH L- AMARAL
R. WILLIAM JONA$- JR.
HMMERSCHNGDT, BONEWITZ & AMARAL
ATTORNEYS AT LAW
SUITE 204
205 WEST JEFFERSON BLVD.
SOUTH BEND, INDIANA 46601
April 9, 1987
Board of Public Works
1308 County -City Building
South Bend, Indiana
ATTN: Sandy Parmerlee
IN RE: Memorial Health Properties, Inc.:
Easement over Bartlett Street for
the installation of a telephone line.
Dear Board Members:
AREA CODE 21.
20Z-1231
This office represents Memorial Health Properties, Inc. of 425
N. Michigan Street, South Bend, Indiana. My client requests an
easement from the City of South Bend over a certain portion of
Bartlett Street for the installation of a telephone line which
will connect Memorial Hospital with the former Nicola's
Restaurant building which is to be used for offices. Together
with this letter, I am submitting a form of easement for review
by the City Attorney's Office and a site plan showing the
proposed location of the telephone line.
On behalf of my client, I request that you act favorably and if
there are any questions, please do not hesitate to contact me.
JLA:ks
enclosures
cc: Mary Huston
Memorial Health
-7 truly,
OSEP L. AMARAL
Properties, Inc.
GRANT OF EASEMENT
The City of South Bend, Indiana, by its Board of Works,
hereby grants unto Memorial Health Properties, Inc., an Indiana
Corporation, its successors and assigns a permanent easement over
the following described real estate located in St. Joseph County,
indiana to -wit:
A strip of land 4 feet in width across Bartlett Street
and across the South half of Lot 16 of Bartlett's 1st
Subdivision in the Northwest quarter of the Southwest
quarter of Section 1, Township 37 North, Range 2 East,
City of South Bend, Portage Township, St. Joseph
County, Indiana, said strip of land being 2 feet
either side of a centerline described as:
(across Bartlett Street Right--of-way)
Commencing at a point on the South right-of-way line
of Bartlett ,Street, 216.5 feet Westerly parallel to
the centerline of the Bartlett Street right-of-way and
33 feet southerly perpendicular to the same centerline
from the point of intersection of the right-of-way
centerlines of North Michigan and West Bartlett
Streets; thence N.00000'00"E. (Assumed Bearing)
perpendicular to the South line of West Bartlett
Street a distance of 58 feet to the Indiana & Michigan
Electric Co�pany's power pole numbered J 235-105;
thence N.66 58'44"E., 20.46 feet to the termination
point at the North line of Bartlett Street, said point
being 16.83 feet East of the Southwest corner of Lot
16 of Bartlett's 1st Subdivision.
The purpose of the easement is to permit the
construction, installation, maintenance, and repair of a
telephone line.
DATED THIS day of , 1987
CITY OF SOUTH BEND, INDIANA
BOARD OF PUBLIC WORKS
Sandy Parmerlee
Clerk, Board of Public Works
GRANT OF EASEMENT
The City of South Bend, Indiana, by its Board of Works,
hereby grants unto Memorial Health Properties, Inc., an Indiana
Corporation, its successors and assigns a permanent easement over
the following described real estate located in St. Joseph County,
Indiana to -wit:
A strip of land 4 feet in width across Bartlett Street
and across the South half of Lot 16 of Bartlett's 1st
Subdivision in the Northwest quarter of the Southwest
quarter of Section 1, Tmmship 37 North, Range 2 East,
City of South Bend, Portage Township, St. Joseph
County, Indiana, said strip of land being 2 feet
either side of a centerline described as:
(across Bartlett Street Right -of --way)
Commencing at a point on the South right-of-way line
of Bartlett Street, 216.5 feet Westerly parallel to
the centerline of the Bartlett Street right -of --way and
33 feet southerly perpendicular to the same centerline
from the point of intersection of the right -of -ray
centerlines of North Michigan and West Bartlett
Streets; thence N.00000'00"E. (Assumed Bearing)
perpendicular to the South line of Ilest Bartlett
Street a distance of 58 feet to the Indiana & Michigan
Electric Cc pany's power pole numbered J 235-105;
thence N.66 58144"E., 20.46 feet to the termination
point at the North line of Bartlett Street, said point
being 16.83 feet East of the Southwest corner of Lot
16 of Bartlett's 1st Subdivision.
4
The purpose of the easement is to permit the
construction, installation, maintenance, and repair of a
telephone line.
DATED THIS day of , 1987
CITY OF SOUTH BEND, INDIANA
BOARD OF PUBLIC WORKS
Sandy Parmerlee
Clerk, Board of Public Works
TEMPORARY EASEMENT
WHEREAS, the City of South Bend, through its Board of
Public Works, under the laws of the State of Indiana is the owner
of all streets and adjacent right-of-ways in the City of South
Bend, St. Joseph County, Indiana, including the street commonly
known as Bartlett Street, South Bend, Indiana; and
WHEREAS, as owners of said property, the City of South
Bend has the power to grant easements above or under Bartlett
Street and the adjacent right-of-ways, either for a limited time or
in perpetuity; and
WHEREAS, it is the policy of the City of South Bend to
minimize the number of unsightly overhead wires, particularly in
areas near downtown or near parks; and
WHEREAS, the Memorial Health Properties, Inc. is the owner
i
of real estate located on both sides of the 100 block of East
Bartlett Street; and
WHEREAS, Memorial Health Properties, Inc. desires to
establish connections via telephone wires between buildings it owns
on both sides of the 100 block of East Bartlett Street, but does
not wish to place such wires underground because of possible
construction on the North side of the 100 block of East Bartlett
Street in the near future.
THEREFORE, the City of South Bend, Indiana, by its Board
of Public Works, hereby grants unto Memorial Health Properties,
Inc., an Indiana Corporation, its successors and assigns, an
easement commencing from the date of filing of this easement with
the Recorder of St. Joseph County, Indiana, until May 31, 1989 for
I
the placement of telephone wires 18' or more over the following
described real estate located in St. Joseph County, Indiana to --wit:
A strip of land 4 feet in width across Bartlett
Street in the Northwest quarter of the Southwest
quarter of Section 1, Township 37 North, Range 2
East, City of South Bend, Portage Township, St.
Joseph County, Indiana, said strip of land being 2
feet either side of a centerline described as:
Commencing at a point on the South right-of-way
line of Bartlett Street, 216.5 feet Westerly
parallel to the centerline of the Bartlett Street
right-of-way and 33 feet southerly perpendicular
to the same centerline from the point of
intersection of the right-of-way centerline of
North Michigan and West Bartlett Streets; thence
N.00000'00"E. (Assumed Bearing) perpendicular to
the South line of West Bartlett Street a distance
of 58 feet to the Indiana & Michigan Electric
Company's power pole numbered J 235-105; thence
N.66058'44"E., 20.46 feet to the termination point
at the North line of Bartlett Street, said point
being 16.83 feet East of the Southwest corner of
Lot 16 of Bartlett's 1st Subdivision.
The purpose of the easement is to permit the construction,
installation, maintenance, and repair of a telephone line.
DATED THIS - day of 1987.
ATTEST:
Sandra M. Parmerlee, Clerk
CITY OF SOUTH BEND, INDIANA
BOARD OF PUBLIC WORKS
4Jn E. Leszczyns resident
Michael L.-Vance
-e a, -
Patricia E. DeClercq
This document was prepared by Thomas L. Bodnar, Chief Deputy
City Attorney, 1400 County -City Building, South Bend, IN 46601
TB/BPW/l
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S714sgq --W=i</o
TEMPORARY EASEMENT
WHEREAS, the City of South Bend, through its Board of
Public Works, under the laws of the State of Indiana is the owner
of all streets and adjacent right-of-ways in the City of South
Bend, St. Joseph County, Indiana, including the street commonly
known as Bartlett Street, South Bend, Indiana; and
WHEREAS, as owners of said property, the City of South
Bend has the power to grant easements above or under Bartlett
Street and the adjacent right-of-ways, either for a limited time or
in perpetuity; and
WHEREAS, it is the policy of the City of South Bend to
minimize the number of unsightly overhead wires, particularly in
areas near downtown or near parks; and
WHEREAS, the Memorial Health Properties, Inc. is the owner
of real estate located on both sides of the 100 block of East
Bartlett Street; and
WHEREAS, Memorial Health Properties, Inc. desires to
establish connections via telephone wires between buildings it owns
on both sides of the 100 block of East Bartlett Street, but does
not wish to place such wires underground because of possible
construction on the North side of the 100 block of East Bartlett
Street in the near future.
THEREFORE, the City of South Bend, Indiana, by its Board
of Public Works, hereby grants unto Memorial Health Properties,
Inc., an Indiana Corporation, its successors and assigns, an
easement commencing from the date of filing of this easement with
the Recorder of St. Joseph County, Indiana, until. May 31, 1989 for
87111till)(� 7
the placement of telephone wires 18, or more over the following
described real estate located in St. Joseph County, Indiana to -wit:
A strip of land 4 feet in width across Bartlett
Street in the Northwest quarter of the Southwest
quarter of Section 1, Township 37 North, Range 2
East, City of South Bend, Portage Township, St.
Joseph County, Indiana, said strip of land being 2
feet either side of a centerline described as:
Commencing at a point on the South right-of-way
line of Bartlett Street, 216.5 feet Westerly
parallel to the centerline of the Bartlett Street
right-of-way and 33 feet southerly perpendicular
to the same centerline from the point of
intersection of the right-of-way centerline of
North Michigan and West Bartlett Streets; thence
N.00000'00"E. (Assumed Bearing) perpendicular to
the South line of West Bartlett Street a distance
of 58 feet to the Indiana & Michigan Electric
Company's power pole numbered J 235-105; thence
N.66058'44"E., 20.46 feet to the termination point
at the North line of Bartlett Street, said point
being 16.83 feet East of the Southwest corner of
Lot 16 of Bartlett's 1st Subdivision.
The purpose of the easement is to permit the construction,
installation, maintenance, and repair of a telephone line.
DATED THIS / _�� day of
U")O L
;
1987.
d_
CITY OF SOUTH BEND, INDIANA
BOARD OF PUBLIC WORKS
Michael L. Vance
ATTEST:
Sandra M. Parmerlee, Clerk Patricia E. DeClercq
This document was prepared by Thomas L. Bodnar, Chief Deputy
City Attorney, 1400 County -City Building, South Bend, IN 46601
TB/BPW/1
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S - 10sEP'ri (;D.
INDI N
FILED F(J,, ?,ECORD
ViA"; I ,0 5 414 187
CF DER +cLO
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4
GRANT OF EASEMENT
P41
The City of South Bend, Indiana, by its Board of Works,
hereby grants unto Memorial Health Properties, Inc., an Indiana
Corporation, its successors and assigns a permanent easement over
the following described real estate located in St. Joseph County,
Indiana to -wit:
A strip of land 4 feet in width across Bartlett Street
in the Northwest quarter of the Southwest quarter of
Section 1, Township 37 North, Range 2 East, City of
South Bend, Portage Township, St. Joseph County,
Indiana, said strip of land being 2 feet either side
of a centerline described as:
Commencing at a point on the South right-of-way line
of Bartlett Street, 216.5 feet Westerly parallel to
the centerline of the Bartlett Street right-of-way and
33 feet southerly perpendicular to the same centerline
from the point of intersection of the right-cf-way
centerlines of North Michigan and West Bartlett
Streets; thence N.00000'00"E. (Assumed Bearing)
perpendicular to the South line of West Bartlett
Street a distance of 58 feet to the Indiana & Michigan
Electric Company's power pole numbered J 235-105;
thence N.66058'44"E., 20.46 feet to the termination
point at the North line of Bartlett Street, said point
being 16.83 feet East of the Southwest corner of Lot
16 of Bartlett's 1st Subdivision.
The purpose of the easement is to permit the
construction, installation, maintenance, and repair of a
telephone line.
DATED THIS day of
1987
CITY OF SOUTH BEND, INDIANA
BOARD OF PUBLIC WORKS
Sandy Parmerlee
Clerk, Board of Public Works
I
BOARD OF PUBLIC WORKS
John E. Leszczynski
Patricia E. DeCiercq
Michael L. Vance
CITY of SOUTH BEND
ROGER O. PARENT, Mayor
COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46MI
May 20, 1987
MR. JOSEPH L. A.MARAL
ATTORNEY AT LAW
HA1624ERSCHMIDT, BONEWITZ S AMARAL
205 West Jefferson Boulevard, Suite 204
South Bend, Indiana 46601
RE: EASEMENT OVER BARTLETT STREET FOR THE INSTALLATION OF
A TELEPHONE LINE -- MEMORIAL HOSPITAL PROPERTIES, INC.
Dear Mr. Amaral:
As you know, at its meeting held on April 28, 1987, the Board
of Public Works approved a limited easement over Bartlett
Street for the installation of a telephone line as requested by
You on behalf of Memorial Hospital Properties, Inc.
The City Attorney's office has now provided to me a Temporary
Easement which the members of the Board have executed. For
your information, on May 19, 1987, I submitted the Easement to
the St. Joseph County Recorder's office for filing as the
Easement indicates that it commences on the date it is filed
with the Recorder and is in effect until May 31, 1989.
1 am enclosing for your information at this time a completely
executed copy of the Temporary Easement. When I receive the
"recorded" Easement from the St. Joseph County Recorder's
office I will send you a copy for your files.
In the meantime, 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
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219/204-9412
CITY of SOUTH BI ND
IZC�`v'E IZ 0. F'ARENT, Mawr
COLIN-FY CITY RUILDING
BOARD OF PUBLIC WORKS
John E. Leszczynski
Patricia E. DeCler,ca
Michael L. Vance
SOUTH BEND, 4NDIANA 46601
June 171, 1987
MR. JOSEPH L. AMARAL
ATTORNEY AT LAW
HAMIMERSCHMIDT, BONEWITZ & AMARAL
205 West Jefferson Boulevard, Suite 204
South Bend, Indiana 46601
219/404-94 is
RE: EASEMENT OVER BARTLETT STREET FOR THE INSTALLATION OF A
TELEPHONE LINE - MEMORIAL HOSPITAL PROPERTIES, INC.
Dear Mr. Amaral:
Enclosed for your information and file is a "recorded" copy of
the above referred to Easement.
If you have any questions regarding this matter, please do not
hesitate to contact this office.
Sincerely,
BOARD OF PUBLIC WORKS
Sandra M. Parmerlee, Clerk
smp
Enc.
PHICO Insurance Company
One PHICO Drive / P.O. Box 85 / Mechanicsburg, PA 17055-0085
CERTIFICATE OF INSURANCE
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CERTIFICATE ISSUED TO:
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Policy Period: From To
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B. EMPLOYERS LIABILITY: Q S100.000 ❑ Other (specify)
Limits of Liability
Health Care Providers Comprehensive Policy
Policy Each Each Each Medical
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Period Loss occurrence Incident Aggregate
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classifications for which coverage is indicated by an "X":
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include any person within the following
include any physician within
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AUTHORIZED COMPANY REPRESENTATIVE
The Coml every effort to glue written notice by regular mail to the above -mentioned holder of this Certificate of any material
change in or cancellation of these policies, but assumes no liability for (allure to do so or for any error.
Form #119 (REV. 10/85)
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Cj_Ty of SOUTH BA
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ROGER O. PARP,
COUNTY'CITY BUILDING SOUTH BEND' INDIANA 46601
219r284-9412
?Zi �F"•^.�
SOASD OF PUBLIC WORKS
.}ohn E. Leszczynski
Patricia E. DeClerca
pjichael L. Vance
May 20, 1987
M1R . JOSEPH L . AMARAL
ATTORNEY AT LAW & AMARAL
HAMMERSCHMIDT,
gONE[4XTZ Suite 204
205 West Jefferson Bo 66plyd,
South Bend, THE INSTALLATION' OF
BARTLETT STREET FOR INC.
RE. EASEMENT
LLINE A1E1`4ORIAL HOSPITAL PROPERTIES,
A TELEPHONE
Dear Mr. Amaral` 1987, the Board
held on April 28,
at its meeting over Bartlett
As you know, roved a limited easement nested by
of Public Wo��ks approved a telephone line as req
Street for
the installation Ofital Properties, Inc.
you on behalf of Memorial Hospital now provided to me a Temporary
s Office has Far
The City Attorney s of the Board have executed.
For
to
Easement which the oneMayr19,1987, I submitted as the
your information,
filing
-he St. hat it commences on the dale L989s filed
Joseph county Recorder's office zait
Easement indicates
with the Retarder and is in effect until May time a completely
i am enclosing for your information at this
1When I receive the
Of the Temporary EaJoseph•County Recorder's
executed copy Our files -
"recorded" Easement you
a COPYSfor Y
office I will send Y
uestions
In the meantimer if
this matter► Please
Smp
Enc.
you have any further q
do not hesitate to contact this
Sincerely,
regarding
office.
BOARD OF PUBLIC WORKS
Clerk
Sandra M. Parmerlee►
a
BRUCE C. HAMMERSCHMIDT
RICHARD D. aONEWITZ
JOSEPH L. AMARAL
R. WILLIAM JONAS. JR.
HAMWRSCHNEIDT, BoNEWTrz & .AmARAL
ATTORNEYS AT LAW
SUITE 204
205 WEST JEFFERSON BLVD.
SOUTH BEND, INDIANA 46601
April 14, 1987
Board of Public Works
1308 County -City Building
South Bend, Indiana
ATTN: Sandy Parmerlee
IN RE: Memorial Health Properties, Inc.:
Easement over Bartlett Street for
the installation of a telephone line.
Dear Board Members:
AREA CODE 219
2a2-1231
I have been informed that the preceding Grant of Easement which
was submitted for your approval contained an error in the legal
description. Here are an original and two copies of a revised
form of Easement. A copy of this letter and a copy of the
revised Easement are being sent to Deputy City Attorney, Thomas
Bodnar for his review. I renew my request that you act
favorably and grant this Easement.
Yours truly,
J EPH Z. AMARAL
JLA:ks '
enclosures
cc: Mary Huston
Memorial Health Properties, Inc.
Thomas Bodnar, Deputy City Attorney
CITY of SOUTH BEND
ROGER O. PARENT, Mayor
COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601
BOARD OF PUBLIC WORKS
John E. Leszczynski
Patricia E. DeClerCCI April 14, 1987
Michael L. Vance
MR. JOSEPH L. AMARAL
ATTORNEY AT LAW
HAMMERSCHMIDT, BONEWITZ & AMARAL
205 West Jefferson Boulevard, Suite 204
South Bend, Indiana 46601
RE: EASEMENT OVER BARTLETT STREET FOR THE INSTALLATION OF
A TELEPHONE LINE - MEMORIAL HEALTH PROPERTIES, INC.
Dear Mr. Amaral:
2101284-9412
At its meeting held on April 14, 1987, the Board of Public Works
denied the request of the Memorial Health Properties, Inc., for an
Easement over Bartlett Street for the installation of a telephone
line.
It was the recommendation of the Board that this telephone line be
installed underground.
If you have any questions regarding this matter, please do not
hesitate to contact me.
Sincerely,
BOARD OF PUBLIC WORKS
Sandra M. Parmerlee, Clerk
smp
Enc.
cc: Thomas Bodnar, Chief Deputy City Attorney