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HomeMy WebLinkAbout#1459- Deed; TEMPORARY EASEMENT - 615 N Michigan and 809 N Michigan - memorial health propertiesTEMPM Y EASEMENT 615 North Michigan Street and 809 north Michigan Street (Memorial Health Properties, Inc.) --. TEMPORARY EASEMENT 9103086 WHEREAS, the City of South Bend, Indiana, by and through its Board of Public Works, and under the laws of the State of Indiana, has custody and control of all streets and adjacent rights -of -way in the City of South Bend, including the street commonly known as Bartlett Street, South Bend, Indiana; and WHEREAS, Memorial Health Properties, Inc. is the owner of real property located on both sides of the 100 block of Bartlett Street, specifically real property located at 615 North Michigan Street and 809 North Michigan Street; and WHEREAS, Memorial Health Properties, Inc. desires to make telephone connnections between its property at 615 North Michigan Street and its property at 809 North Michigan Street via wires, but does not wish to bury such wires underground because of possible construction and further development to its medical/professional complex; and WHEREAS, the City of South Bend, by and through its Board of Public Works, has the power to grant temporary easements above, over or under said Street; 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. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND AS FOLLOWS: 1. That the City of South Bend, by and through its Board of Public Works, hereby grants unto Memorial Health Properties, Inc., an easement commencing from the date of the filing of this easement in the office of the St. Joseph County Recorder, until December 31, 1993, for the placement of telephone wires 18' or more over the following described real estate situated in St. Joseph County, Indiana: 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 as described as follows: Commencing at a point on the South right-of-way line of Bartlett Street, 216.3 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.00100100"E. (Assumed Bearing) perpendicular to the South line of West Bartlett Street a distance of_.58 feet to the Indiana & Michigan Electric Company's po-Te`! numbered J235-105; thence N.66158'44"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. 2. That the purpose of the easement is to permit the construction, installation, maintenance, and repair of telephone line. 3. That neither this easement, nor any rights or privileges granted hereby, may be assigned or transferred by Memorial Health Properties, Inc. Dated this cal -b-day of VOe i-L d �PhJ l� qQ . ATTEST: Sandra M. Parmerlee CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS APJn4ELe'szczyn i Patricia E. DeClercq Ka fierine H7 umph ys This instrument was prepared by Jenny Pitts Manier, Chief Assistant City Attorney, 1400 County -City Building, South Bend, Indiana 46601. JPM/LDWD/1:BPW-TEMPEASE(I) �)-10,308(; City- of South Mid Joseph 6. Kcrnan, Mayor Bard of �'ublic Works January 3, 1991 MR. ROBERT J. MC DANIEL ASSISTANT DIRECTOR BIOMEDICAL AND COMMUNICATION SERVICES MEMORIAL HOSPITAL OF SOUTH BEND 615 North Michigan Street South Bend, Indiana 46601-9986 RE: FIVE (5) TEMPORARY EASEMENTS Dear Mr. McDaniel: At its meeting held on December 26, 1990, the Board of Public Works approved and executed five (5) temporary Easements which were requested on October 31, 1990 by Mr. Carl Ellison. As you know, one of the Easements is a continuation of a Temporary Easement granted in the past. Two (2) Easements are new Easements and two (2) provide for Memorial's occupancy of the public right-of-way initially taken without prior Board approval. All of the Easements allow telephone wires to connect the various buildings that comprise Memorial's campus and all expire on December 31, 1993. For your information, I have enclosed copies of the Easements which the Board of Public Works approved. I will have the Easements recorded with the St. Joseph County Recorder's office and will forward a copy of the recorded Easements to you when they become available. If I can be of any further assistance to you in this matter, please do not hesitate to contact this office. Sincerely, HOARD OF PUBLIC WORKS Sandra M. Parmerlee, Clerk Enc. Cc: Carl Ellison, Assistant Vice President 1308 County -Citti- Building • South Bend. Indiana 46601 • 219; 28 }- 941? 1: lxvcz� nski Patricia F-. DcCiercy City of South Beajti r 1u>ehh f:. Kernan, Mayor Board of PuNl is Works January 3, 1991 MR. ROBERT J. MC DANIEL ASSISTANT DIRECTOR BIOMEDICAL AND COMMUNICATION SERVICES MEMORIAL HOSPITAL OF SOUTH BEND 615 North Michigan Street South Bend, Indiana 46601-9986 RE: FIVE (5) TEMPORARY EASEMENTS Dear Mr. McDaniel: At its meeting held on December 26, 1990, the Board of Public Works approved and executed five (5) temporary Easements which were requested on October 31, 1990 by Mr. Carl Ellison. As you know, one of the Easements is a continuation of a Temporary Easement granted in the past. Two (2) Easements are new Easements and two (2) provide for Memorial's occupancy of the public right-of-way initially taken without prior Board approval. All of the Easements allow telephone wires to connect the various buildings that comprise Memorial's campus and all expire on December 31, 1993. For your information, I have enclosed copies of the Easements which the Board of Public Works approved. I will have the Easements recorded with the St. Joseph County Recorder's office and will forward a copy of the recorded Easements to you when they become available. If I can be of any further assistance to you in this matter, please do not hesitate to contact this office. Sincerely, BOARD OF PUBLIC WORKS Sandra M. Parmerlee, Clerk Enc. cc: Carl Ellison, Assistant Vice President 1308 Counl�-City iiuil(ling, a South ?3md, Inzlianu 40bwN 2',r):'294 4412 Patricia F. Dc lerq LEGAL DEPARTMENT = NTEROFF = CE MEMORANDUM TO = SANDRA M. PARMERLEE DATE DECEMBER 21, 1990 CLERK, BOARD OF WORKS FROM = JENNY PITTS MANIER CHIEF ASSISTANT CIT ATTORNEY RE = MEMORIAL HOSPITAL - TEMPORARY EASEMENTS As we discussed, I am attaching five (5) temporary easements to be granted by the Board to Memorial Hospital. The first of the five, is a "continuation" of a temporary easement granted in the past. The next two are new temporary easements. The last two serve to make "legal" the Memorial's occupancy of public right -of --way, initially undertaken without Board approval. All of the easements are to allow telephone wires to connect the various buildings that comprise Memorial's "campus," and all expire on December 31, 1993. Please have these easements placed on the agenda of the Board's December 26th meeting. Thanks. cc: John Leszczynski BOARD OF' PUBLI C WORKS T N T ER —OFF 2 C E MEMORANDUM DATE = November 5, 1990 TO: JENNY PITTS MANIER CHIEF ASSISTANT CITY ATTO FROM: SANDRA M. PARMERLEE, CLE RE: REQUEST OF MEMORIAL HOSPI AL FOR EASEMENTS Attached for your review and recommendation is a request from Memorial Hospital for five (5) Tempofary Easements until December 31, 1993. The request is for an extension of a previous Temporary Easement and for four (4) new Easements. Mr. Carl Ellison has submitted with the request the legal descriptions of the requested easements. For your information, Carl has advised me that Memorial Health Properties, Inc., was disbanded and therefore the new Easements should be granted to Memorial Hospital of South Bend. As you can see, I did not refer this matter to any other departments. If you would like me to have the Engineering Department review and confirm the accuracy of the Legal descriptions please let me know and I will forward to them the appropriate paperwork. If I can be of any assistance to you in this matter, please don't hesitate to call me. Thanksl �In1 MEMORIAL H0SPFF/-`,,,L OF SOUTH BEAT �;V�Vu, October 31, 1990 Mr. John Leszczynski President Board of Public Works City of South Bend 1300 County City Building South Bend, Indiana 46601 Dear Mr. Leszczynski: on April 28, 1987 the Board of Public Works granted Memorial Health Properties, Inc. a temporary easement over a certain portion of Bartlett Street for the installation of a telephone line which connects Memorial Hospital with the former Nicola's Restaurant (809 North Michigan Street), the present site of Memorial's Family Practice Residency Program and Clinic. The Board granted the easement in view of Memorial's desire not to place the aforementioned telephone wire underground due to possible construction on the north side of the 100 block of West Bartlett Street. This temporary easement is attached hereto as Attachment I. Although Memorial still does not have a construction project planned for this area, construction nonetheless remains possible in the future. Consequently, Memorial hereby request extension of the aforementioned temporary easement over Bartlett Street until December 31, 1993. Since 1987 Memorial has relocated various Memorial Hospital and Memorial Health System offices to facilities located near the primary hospital complex. To maximize the efficiency of operations and communications, Memorial believes it essential that these offices be connected to the hospital's telephone system. Accordingly, two (2) additional temporary easements are requested until December 31, 1993. Specifically, as illustrated at Map II and described at Attachment II, an easement over the north -south alley east of Michigan Street and north of Navarre Street is needed to connect 701 North St. Joseph Street to Memorial's telephone system. The area near 701 North St. Joseph has experienced substantial hospital related development over the past few years. Additional property acquisition and development are possible. Consequently, the hospital would prefer not to bury the telephone wire 615 North Michigan Street South Bend, Indiana 46601-9986 219/234-9041 associated with this easement at this time. The second additional easement would permit the installation of telephone wire over the north -south alley south of Navarre Street and north of Marion Street. The easement area is illustrated at Map III and described at Attachment III. This easement would permit offices within the Memorial Professional Building access to Memorial's telephone system. As with the previous easements requested in this communication, Memorial desires to avoid burying telephone wire underground at this time in view of the continuing development of its campus. Parcels near the Memorial Professional Building remain candidates for eventual acquisition and development even though no construction project for this area is planned at this time. Finally, two (2) easements are needed to correct an oversight. When Memorial installed its existing telephone system in 1984, telephone wire was placed over the north -south alley east of Lafayette Street and south of Bartlett Street. Map IV illustrates wire location. Because of oversight, Memorial did not request temporary easements for these telephone wires that connect Memorial's Corporate Communications (Marketing) and Pathways's Outpatient facilities to the hospital's telephone system. Consequently, Attachments IV and V describe the needed easements. Memorial hereby requests these easements until December 31, 1993 in view of potential additional development in the area of the future. Memorial looks forward to your favorable consideration of its requests. Meanwhile, should you have questions or wish supplemental information, please feel free to contact me at 282-8616 or Bob McDaniel, Assistant D' e t e 1 and communication services at 284-7112. t Ft I tO Sincerely, L ' Carl Ellison Assistant Vice President It BOARD OF PUBLIC WORKS NOV - 51990 16 a �T(MT y � vFe cc: Robert McDaniel, Memorial Hospital Joseph Amaral, Hammerschmidt Bonewitz Amaral and Jonas -poi �iree� L-aszru�v,r JOB +'1 INC. & ASS�C#ATE � SHEET NO. G OF DATE »IZSho N"HERCEG KE Engineer & Land surveyorsCALCULATED Engi BY �-- professional 425 N. Michigan Street, Suite 320 BEND, 1NDIANA 46601 CHECKED BY PATE SOUTH (219) 288-4580 SCALE --i -� - - ZtJD AoDmoN � � � �' 12•S '�} 1 � ' Lois i -700 O_ �-- �LS4nn11n� �iyf10 — � `�• 3 lAt• U _ — � — Lv L-61 �.1� — �— —� `T li KEN HERCEG & ASSOCIATES, INC. Professional Engineers & Land Surveyors 425 N. MICHIGAN STREET, SUITE 320, SOUTH BEND, INDIANA 46601 (219) 288-4580 FAX (219) 288-0195 KENNETH P. HERCEG, P.E., L.S. 701 NORTH ST. JOSEPH STREET EASEMENT A strip of land 4 feet in width in 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 within public right -of -ray and 2 feet either side of a centerline described as: Commencing at a point in a public alley 167 feet Easterly and 221.1 feet Northerly from the intersection of the East Right -of -Way line of Michigan Street and the North Right -of -Way Line of Navarre Street, which point is the Indiana & Michigan Electric Company's power pole numbered J235-198; thence North 00 00'00' East (assumed bearing) a distance of 130.0 feet to the Indiana & Michigan Electric Company's power pole numbered J235-200; thence North 73 30'00' East, a distance of 12.5 feet to the West Line of lot 34 of the Rockstroh's 2nd Addition to the City of South Bend. The purpose of this easement is to permit the construction, installation, maintenance and repair of a telephone line. _ne h- . H nneth P. Herc #50436 JOB e rial �; n 1 Builci'�G#T �x1I �eN"HERCEG & ASSOCIATES, INC. SHEET NO. OF Professional Engineers & Land Surveyors G Ib/ZSJ9b 425 N. Michigan Street, Suite 320 CALCULATED BY DATE SOUTH BEND, INDIANA 46601 CHECKED BY DATE (219) 288-4580 SCALE '�$"' ID° -0" �7 - _. --- -- ---- ,. �-- — .0 uok ty� --- - - --- LD - - PPr4ZT of 0�1�t Ql„AT �F LMH f3�D KEN HERCEG & ASSOCIATES, INC. Professional Engineers & Land Surveyors 425 N. MICHIGAN STREET, SUITE 320, SOUTH BEND, INDIANA 46601 (219) 288-4580 FAX (219) 288-0195 KENNETH P. HERCEG, P.E., L.S. MEMORIAL PROFESSIONAL BUILDING EASEMENT A strip of land 4 feet in width in the Southwest Quarter of Sageection Township1, St. Township 37 North, Range 2 East, City of South Bend, public ri ht-of-May Joseph County, Indiana, said strip of land being within p 9 and 2 feet either side of a centerline described as: Commencing at a point, in a public alley, 177 feet Easterly and 193 feet Northerly from the intersection of the East Right-of-WaYointline isftheiindiana A Street and the North Right -of -Way Line of Marion Street which po int Michigan Electric Company's power pole numbered J235-160; thence North 00 00100' East (assumed bearing) parallel to the East line of the alley ea 's pow distance of 1$4.1 feet to thel�estna distance tompheYEast Line of pale numbered J235 118; thence lot 156 of the Original Plat of South Bend. The purpose of this easementis to permit the construction, installation, maintenance and repair of a P ------r- :;) 36 neth P. erceg JOB_ P144toaq C2me� �dscxxa°M CorporalG �►nc�n a s �`� u �- �cEN HERCEG & ASSOCIATES, INC. SHEET NO. OF - Professional Engineers & Land Surveyors 1017S/4o 425 N. Michigan Street, Suite 320 CALCULATED 9Y DATE SOUTH BEND, iNDiANA 46601 CHECKED BY DATE (219) 288-4580 SCALE �ILA n1 --- I LAP pWP C or P. o — -- - _ P PcST o�: HERCEG & ASSOCIATES, INC. 3rofess1onai Engineers A Land Surveyors 425 N. MICHIGAN STREET, SUITE 320, SOUTH BEND, INDIANA 46601 (219) 288-4580 FAX (219) 2BM195 KENNETH P. HERCEG, P.E., L.S. CORPORATE COMMUNICATIONS EASEMENT A strip of land 4 feet in width in 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 within public right-of-way and 2 feet either side of a centerline described as: Commencing at a point, in a public alley, 64 feet Southerly and 177 feet Easterly of the intersection of the South Right -of -)day line of Bartlett Street and the East Right -of -Way Line of Lafayette Boulevard which point is the Indiana & Michigan Electric Company's power pole numbered J235-119; thence South 72 37'00" West (North 00 00'00" East bearing assumed as parallel to East line of the alley) a distance of 12.6 feet to the East Line of Lot 16 in Reynold's Addition to the City of South Bend. The purpose of this easement is to permit the construction, installation, maintenance and repair of a telephone line. i eth H e L. S. #SO436 p ;� STATE OF Y KEN HERCEG & ASSOCIATES, INC. Professional Engineers & Land Surveyors 425 N. MICHIGAN STREET, SUITE 320, SOUTH BEND, INDIANA 46601 (219) 288-4580 FAX (219) 288-0195 PATHWAY'S EASEMENT KENNETH P. HERCEG, P.E., L.S. A strip of land 4 feet in width in 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 within public right-of-way and 2 feet either side of a centerline described as: Commencing at a point, in a public alley, 64 feet Southerly and 177 feet Easterly from the intersection of the South Right -of -Way line of Bartlett Street and the East Right--of-Way Line of Lafayette Boulevard which point is the Indiana & Michigan Electric Company's power pole numbered J235-119; thence North 76 54'00' West (North 00 00'00' East bearing assumed as parallel to East line of the alley) a distance of 12.3 feet to the East Line of Lot 16 in Reynold's Addition to the City of South Bend. The purpose of this easement is to permit the construction, installation, maintenance and repair of a telephone line. neth P. H eg, L. S. *SO436 ` `»��iaSlltft,,Y ♦� iy ran ATTACHMENT 1=1 TEMPORARY EASEMENT WHEREAS, the City of South Bend, through its -Baat21'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 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 I,st Subdivision. The purpose of the easement is to permit the construction, installation, maintenance, and repair of a telephone line. DATED THIS %—qk day of Q i1 x _ L CCM Z sc ATTEST: Sandra M. Parmerlee, Clerk 1987. CT CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS E. Leszczyns = ent L. Vance (SLP 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/I -2- BRUCE C. HAMMERSCHMIDT RICHARD D. BONEWITZ JOSEPH L. AMARAL R. WILLIAM JONAS. JR, HANuAERSCTIMMT, BoNEWTTZ & AMARAL ATTORNEYS AT LAW SUITE 204 ?05 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 219 2a2-[231 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. truly, OSEP L. AMARAL JLA:ks enclosures cc: Mary Huston Memorial Health 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 lst 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.00000100"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.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. 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 y BOARD OF PUBLIC WORKS John E. Leszczynski Patricia E. DeClercq Michael L. Vance CITY of SOUTH BEND ROGER O. PARENT, Mayor COUNTY -CITY BUILDING SOUTH SEND. INDIANA 46801 April 14, 1987 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: 210/284-94 I2 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 BOARD OF PUBLIC WORKS John E. Leszczynski Patmia E. DeClercq Wchael L. Vance CITY of SOUTH BEND ROGER O. PARENT, Mayor COUNTY -CITY BUILDING SOUTH BEND. INDIANA 46601 April 14, 1987 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: 210i284-9412 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 HRUCE C. HAMMERSCHM'DT RICHARD D. BONEWITZ JOSEPH L AMARAL R. WILLLAM JONAS, JR. HAMWRSCHMiDT, $ONEWITZ & A.MARAL 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 Z19 202.1231 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. rs truly, - 'U - ` 0.A J EPH Z . AMARAL JLA:ks 01 enclosures cc: Mary Huston Memorial Health Properties, Inc. Thomas Bodnar, Deputy City Attorney BOARD OF PUBLIC WORKS Sohn E. Leszczynski Patricia E. DaClercq Michael L. Vance CITY of SOUTH BEND ROGER O. PARENIT, Mayor COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601 May 20, 1987 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 Or A TELEP�iONE LINE - MEMORIAL HOSPITAL PROPERTIES, INC. Dear Mr. Amaral: 219/284-9412 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. I 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 Enc . BOARD OF PUBLIC WORKS Sohn E.Leszczynski Patricia E. DeClercq Mtchaek L. Vance CITY of �'SIDUTH BEND ROGER O. PARENT, ,'�,iay-or COUN ry-CITY BUILDING SOUTH BEND, INDIANA 46601 May 20, 1987 MR. JOSEPH L. AMARAL ATTORNEY AT LAW HAMMERSCHMIDT, BONEWIT2 & 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: 219/284-04 !2 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. I 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. smp Enc. Sincerely, BOARD OF PUBLIC WORKS n Sandra M. Parmerlee, Clerk w i CITY of SOUTH BEND ROGER 0. PARENT, Nlivor COUN rY Cll'Y BUILDING SOUTH BEND. INDIANA 466,01 2191284-9412 John E. Leszczynski Patricia E. DeClercq Michael L. Vance June 17, 1987 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 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. P ppppppp— 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 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.00000100"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.66058144"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 LIM za �t f_ f _� CIM 1987. CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS nt F-F B. LeszczYns 01_� ��� Michael L. Vance ATTEST: Sandra M. Parrnerlee, 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- PHICO Insurance Company One PHICO Drive / P.O. Box 85 / Mechanicsburg, PA 17055-0085 - CERTIFICATE OF INSURANCE THIS CERTIFIES that the Company indicated above has issued, to the named insured, policies of insurance which provide coverage as indicated below. Such poficies are subject to the provisions, conditions and limitations con- tained therein. This Certificate of insurance does not in any way amend, extend, alter or vary the coverage afforded by the policy or policies referred to herein. It is merely a synopsis or summary of the actual insurance contract. CERTIFICATE ISSUED TO: Name and Address I— Named Insured and Address 7 r Attn: Sandra 111. PaI"mrlee, Clerk Ci l"y W' SOLItiI Bend r,.." City - County Building L SOut!l Lend. Indi?na 46-601 ❑ workers Compensation A. STATUTORY B. EMPLOYERS LIABILITY: Policy Number: ❑S100.000 0Other (specify): "!e,noriai iea1$i) 5%steri, loc., c,a1 ( See -7ndcrsei-en l; 7l ) 1 S North >,i c1;; --,,1 Byrne+ South Bend, Ind1ana 45607 L Policy Period: From To J Limits of Liability ❑n Health Care Providers Comprehensive Policy Policy Each Each Each Medical Liability Coverages* Number Period Loss Occurrence Incident Aggregate A. PERSONAL INJURY LIABILITY HP 0741 12/ 1 / 06- 1 ' 000100` B. PROPERTY DAMAGE LIABILITY 1 2l 1 /a/ 1 OQ'0J0 �'r" C. INSTITUTIONAL PROFESSIONAL LIABILITY 100 3 0:.) 3 D. PHYSICIAN PROFESSIONAL LIABILITY E. DIRECTORS, OFFICERS & TRUSTEES LIABILITY & STAFF PRIVILEGES PROTECTION - Policy Policy Limits of Liabilit ❑Providers Umbrella Each Each Each Medical Loss Occurrence Incident Aggregate Polic Cover LS Number Period A. PROFESSIONAL LIABILITY (1) (2) PHYSICIAN INSTITUTIONAL a. UMBRELLA LIABILITY - - • The persons insured under Coverage C on policy f11' :� / G i classifications for which coverage Is indicated by an "X": ( ) Professional employees of the named insured, other than physicians. (x) Professional students of the named insured, other than residents. (x) volunteers of the named insured. . The the to SPECIJ policy I by an "X": Include any person within the following Include any physician within amed insured and listed on the Schedule of Physicians. :D BY: AUTHORIZED COMPANY REPRESENTATIVE The Coml every effort to give written notice by regular mail to the above•mentloned holder of this Certificate of any material change In or cancellation of these policies, but assumes no liability for failure to do so or for any error. Form d119 (REV- 10/85)