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HomeMy WebLinkAbout#1416- Deed; TEMPORARY EASEMENT - 100 Block E Ewing ( south bend sash and door)=;"7/<// (o TEMPORARY EASEMENT -- 100 BLOCK E. EWING (SOUTH BEND SASH AND DOOR) j� SOUTH 8�� City of South Bend jo,cph G. Kern; n, Mayor Department of Public Works John E. Leszczynski, Dire�tm, NOVEMBER 7, 1989 MR. MARK LEDBETTER KLF INC. 56533 MAGNETIC DRIVE MISHAWAKA, INDIANA 46545 RE: SOUTH BEND SASH & DOOR 2310 S. MAIN DEAR MR. LEDBETTER: On December 15, 1987, the Board of Public Works, City of South Bend gave permission to install overhead wiring across Ewing. This easement was granted for a period of two (2) years. This easement will expire December 15, 1989. Please make arrangements to have these wires removed before this dare. If you have any questions regarding this matter, please do not hesitate to contact me. Sincerely, Michael P. Meeks, P.E. Director, Division of Engineering MPM/slm L1 County -City Building • South Bend, Indiana 46601 . 219I284-9251 Engineering Environmental Services Equipment Services Transportation Water Works Michael Meeks. P.E. John J. Dillon, Ph. D. Phil St. Clair Bill Penn Joseph Agostino 284-9251 277-8515 284-9316 284-9444 284-9322 Tc:,Z5 _n CITE' of SOUTH BEND ROGER O. P'ARENT, Mayer COUNTY -CITY BUILDING SOUTH SEND. INDIANA 46601 BOARD OF PUBLIC WORKS John E. Leszczynski, President Patricia E. DeClerca Michael L. Vance MR. R. DALE SCHROCK ACCOUNT EXECUTIVE KLF, INC. 56533 Magnetic Drive Mishawaka, Indiana 46545 December 29, 1987 RE: TEMPORARY EASEMENT - SOUTH BEND SASH AND DOOR, INC. Dear Mr. Schrock: 219/284-9412 Attached for your information and file is a "recorded" copy of the Temporary Easement for the installation of telephone wires across Ewing Avenue as you requested on behalf of South Bend Sash and Door, Inc. 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 Enc. �. . . 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 Ewinc Avenue, South Bend, Indiana; and WHEREAS, as owners of said property, the City of South Bend has the power to grant easements above or under Ewing Avenue 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; and WHEREAS, South Bend Sash and Door, Inc. is the owner of real estate located on both sides of the 100 block of East Ewing Avenue; and WHEREAS, South Bend Sash and Door, Inc. desires to establish connections via telephone wires between buildings it owns on both sides of the 100 .block of East Ewing Avenue. THEREFORE, the City of South Bend, Indiana, by its Board of Public Works, hereby grants unto south Bend Sash and Door, 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 December 1, 1989 for the placement of telephone wires 18' or more over Ewing Avenue, South Bend, Indiana, between existing utility poles in the vicinity of the alley intersecting the 100 block of East Ewing Avenue. The purpose of the easement is to permit the construction, installation, maintenance, and repair of a telephone line. DATED THIS day of _(,��; ,���J 1987. CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS J hn E. Leszcz s i, President -- ffLLJZ��� ATTEST: Michael L. vance 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 -2- C, i DEc p, 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 Ewing Avenue, South Bend, Indiana; and WHEREAS, as owners of said property, the City of South Bend has the power to grant easements above or under Ewing Avenue 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; and WHEREAS, South Bend Sash and Door, Inc. is the owner of real estate located on both sides of the 100 block of East Ewing Avenue; and WHEREAS, South Bend Sash and Door, Inc. desires to establish connections via telephone wires between buildings it owns on both 'sides of the 100 block of East Ewing Avenue. THEREFORE, the City of South Bend, Indiana, by its Board of Public Works, hereby grants unto South Bend Sash and Door, 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 December 1, 1989 for the placement of telephone wires 18' or more over Ewing Avenue, South Bend, Indiana, between existing utility poles in the vicinity of the alley intersecting the 100 block of East Ewing Avenue. The purpose of the ease ment is to p permit the construction, installation, maintenance, and repair of a telephon 1' one . DATED THIS day of 1987. ATTEST: Sandra M. Parmerlee, Clerk CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS r r o E. Leszczynsk , resident if Michael L. ance 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 -2- 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 Ewing Avenue, South Bend, Indiana; and WHEREAS, as owners of said property, the City of South Bend has the power to grant easements above or under Ewing Avenue 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; and WHEREAS, South Bend Sash and Door, Inc. is the owner of real estate located on both sides of the 100 block of East Ewing Avenue; and WHEREAS, South Bend Sash and Door, Inc. desires to establish connections via telephone wires between buildings it owns on both sides of the 100 block of East Ewing Avenue. THEREFORE, the City of South Bend, Indiana, by its Board of Public Works, hereby grants unto South Bend Sash and Door, 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 December 1, 1989 for the placement of telephone wires 18' or more over Ewing Avenue, South Bend, Indiana, between existing utility poles in the vicinity of the alley intersecting the 100 block of East Ewing Avenue. The purpose of the easement is to permit the construction install ' anon, maintenance, and repair of a telephone line. DATED THIS /-� day of , ,J'�'VJ 1987. ATTEST: -Aa"LML� Sandra M. Parmerlee, Clerk CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS J hn E. Leszczy i, President —2- Michael L. ance Patricia E. DeClercq This document was prepared by Thomas L. City Attorney, 1400 Count Bodnar, Chief Deputy y-City Building, South Bend, IN 46601 TB/BPW/1 -2- BOARD OF PUBLIC WORKS INTER -OFFICE TO: MICHAEL P. MEEKS, DIRECTOR DIVISION OF ENGINEERING FROM: SANDRA M. PARMERLEE, CLE RE: APPROVAL OF TEMPORARY EA EMENT MEMO ®ACE s December 17, 1987 For your information, the Board of Public Works, at their meeting held on December 15, 1987, approved the request of KLF, Inc. on behalf of South Bend Sash & Door, Inc. to install an aerial cable across Ewing Avenue in order to provide telephone service between the two (2) buildings owned by South Bend Sash & Door. The request was approved, however, subject to review and inspection of the installation by the Engineering Department. I would therefore ask that you please take whatever steps are necessary to assure that that stipulation is met. I have attached all pertinent information regarding this request to assist you in this inspection. If you have any further questions, please don't hesitate to see me. Thanks! smp Enc. CITY of SOUTH BE, ROGER O. PARENT, M,,ivor COUNTY -CITY BUILDING SOUTH BEND. INDIANA 46601 BOARD OF PUBLIC WORKS John E- Leszczynski. President Patricia E. DeGiarca Michael L. Vance MR. R. DALE SCHROCK ACCOUNT EXECUTIVE KLF, INC. 56533 Magnetic Drive Mishawaka, Indiana 46545 December 16, 1987 RE: TEMPORARY EASEMENT - SOUTH BEND SASH AND DOOR, INC. Dear Mr. Schrock: 219/284-9412 Confirming our telephone conversation of this morning, the Board of Public works, at their meeting held on December 15, 1987, approved a Temporary Easement for the installation of telephone wires across Ewing Avenue as you requested on behalf of your client South Bend Sash and Door, Inc. I am enclosing for your information and file a completely executed copy of the Temporary Easement. The original is being "recorded" with the St. Joseph County Recorder's Office at this time. I will forward to you a copy of the "recorded" Easement when it becomes available. Please note that the term of the Temporary Easement is from the date of filing with the Recorders Office until December 1, 1989. If you have any further questions regarding this matter, please do not hesitate to contact this office. smp Enc. Sincerely, BOARD OF PUBLIC WORKS Sandra M. Parmerlee, Clerk 9 KLF, inc. November 19, 1987 South Bend Board of Public Works 1308 County -City Building South Bend, IN 46601 Dear Members of the Board: Please consider the following request at your next board meeting. 2833 South Cafhoun P.O. Box 2346 Fort Wayne. IN 46801 (219) 456.4481 8141 Zionsv4le Road P O. Box 68849 indionapotts. IN 46268 (317) 672-8888 56533 Magnetic Dwe Mishowaka. IN 46545 (219) 259- 7900 2820 Lincoln Avenue Evonsville. IN 47714 (812) 479.8448 8619 Louisiana Piece Mernllvllie, IN 46410 (219) 736.2268 Our customer, South Bend Sash and Door, located at 2310 S. Main Street, has purchased property on the North East corner of the intersection at South Main and Ewing Avenue. They need telephone service between both properties that will require an aerial cable across Ewing Avenue. There are I&M Utility Poles behind both properties that would allow support of the cable along with some other cables in place. We understand our responsibility to remove the cable should service be discontinued for any reason. It would be maintained to exceed the maximum height limitations of common carriers with adequate allowance for sagging. I have enclosed a rough drawing of the locations for your use. Thank you for your help in this matter. You may call me at 259--7900 if you have any questions. Sincerely, Z/� q 0, J" -�' - � �4' e, � �d,' R. Dale Schrock Account Executive RDS:pk Enclosure KLF, inc, Roviding Tommorrows Communications Today FORT WAYNE INDIANAPOLIS MI"WAKA EVANSVILLE MERRiLLMLLE R. Dale Schrock Account Executrve 66633 Mooneiic Unve IVL5h wa§a. IN 46545 (219) 259X 79M -.40 ■ Engineering notes N � E C ry C DC . DEPT. L E G AL D E P ARTMENT = NT ERO F F = C E MEMORANDUM PATRICIA E. DECLERCQ JOHN E. LESZCZYNSKI TO = MICHAEL L. VANCE DAT E DECEMBER 2, 1987 F ROM = THOMAS L. BODNA CHIEF DEPUTY CITY A RNEY RE : REQUEST TO PLACE AERIAL CABLE ACROSS EWING AVENUE This area is outside our downtown district, and the provisions of the municipal code absolutely prohibiting an overhead cable are not applicable. You will recall that I.C. 36-9-6-13 requires the legislative body to approve contracts for the erection of structures. Cables are not structures, and therefore, it would be under the Board of Public Works' jurisdiction to grant, if it sees fit, the request. You will also recall that in the case of Memorial Hospital earlier this year, we granted a temporary easement for two years. I would certainly recommend that any grant given to this company be subject to a similar time limitation. As these are not electrical cables, we would be protected adequately if CLF and the Sash Company both gave us indemnity agreements. However, we should make any grants subject to any placement of wires be in conformity with the 1970 National Electrical Safety Code, Table 232-1 and its successors. TB/M-L / cc: Sandra Parmerlee Clerk., BOARD OF PUBLIC WORKS INTER -OFFICE To: Michael P. Meeks, Director` Division of Engineering Thomas Bodnar Chief Deputy City Attorney Captain Edward Friend Police Department Traffic Division MEMO DATE: November 24 1 Jack Mathews Building Commissioner From: Sandra M. Parmerlee, Clefle Re: Request to Place Aerial Cacross Ewing Ave. The Board of Public Works has received a request from KLF, Inc., on behalf of South Bend Sash and Door, to place an aerial cable across Ewing Avenue to provide telephone service to two (2) buildings owned by South Bend Sash and Door. Attached for your information is a diagram submitted with the request indicating the proposed location of the cable. I would appreciate your reviewing this matter and providing to the Board a recommendation concerning this request. Thanks. K SMP/mp Att. C\\ v_'e�SCk G�•f 5 �`'n BOARD OF PUBLIC WORKS INTER -OFFICE To: Michael P. Meeks, Director Division of Engineering Thomas Bodnar Chief Deputy City Attorney Captain Edward Friend v Police Department Traffic Division MEMO DATE: November 24, 1987 __ Jack Mathews Building Commissioner From: Sandra M. Parmerlee, Clefle Re: Request to Place Aerial Cacross Ewing Ave. The Board of Public Works has received a request from KLF, Inc., on behalf of South Bend Sash and Door, to place an aerial cable across Ewing Avenue to provide telephone service to two (2) buildings owned by South Bend Sash and Door. Attached for your information is a diagram submitted with the request indicating the proposed location of the cable. I would Appreciate your reviewing this matter and providing to the Board a recommendation concerning this request. Thanks. N r c r-n_ w� cr s o ee SMP/mp Att. <�D NOV 2 7 1997 INnR�OFFICE MEMO T0: Sandra M. Parmerlee FROM: Jack Mathews SUBJECT: Aerial Cable Across Ewing Ave. DATE: November 30, 1987 Dear Sandy: This office has no problems or objection to the proposed aerial cable across Ewing Avenue for telephone service. T must assume there is some minimum height restrictions. Jack A. Mathews Bu' ding Commissioner BOARD OF PUBLIC WORKS INTER -OFFICE MEMO DATE: November 2 4 To: Michael P. Meeks, Director Division of Engineering Thomas Bodnar Chief Deputy City Attorney Captain Edward Friend Police Department Traffic Division Jack Mathews Building Commissioner From: Sandra M. Parmerlee, Clefle Re: Request to Place Aerial Cacross Ewing Ave. The Board of Public Works has received a request from KLF, Inc., on behalf of South Bend Sash and Door, to place an aerial cable across Ewing Avenue to provide telephone service to two (2) buildings owned by South Bend Sash and Door. Attached for your information is a diagram submitted with the request indicating the proposed location of the cable. I would appreciate your reviewing this matter and providing to the Board a recommendation concerning this request. Thanks. SMP/mp Att. mu