HomeMy WebLinkAbout#1460- Deed; TEMPORARY EASEMENT 120 W. Navarre & 513 N. MichiganTEMPORARY EASEMENT
120 W. Navarre Street and 513
N. Michigan Street (Memorial
Health Properties)
C/ G �- S .
9103083
TEMPORARY EASEMENT
�.. 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 first North/South alley West of
Main Street, between Marion and Navarre Streets, in the City of South
Bend, (hereafter, the "Alley"); and
WHEREAS, Memorial Health Properties, Inc. is the owner of real
property located at 120 W. Navarre Street and 513 N. Michigan Street,
property bordering the Alley; and
Y WHEREAS, Memorial Health Properties, Inc. desires to make
telephone connnections between its property at 120 W. Navarre Street
and 513 N. 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 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, 177 feet
Easterly and 193 feet Northerly fron the intersection
of the East Right -of -Way line of Main Street and the
North Right -of -Way Line of Marion Street which point is
the Indiana & Michigan Electric Company's power pole
numbered J235-160; thence North 00100'00" East (assumed
bearing) parallel to the East line of the alley a
distance of 184.1 feet to the Indiana & michigan
Electric company's power pole numbered J235-118; thence
West a distance of 12 feet to the East Line of lot 156
of the Original Plat of South Bend.
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.
n'-fiJ
Dated this �� J- day of 01/nLZAj J. 19 6
16,2 , 9111 t1 J
CITY OF SOUTH BEND, INDIANA
BOARD OF PUBLIC WORKS
ao�h�nE.
'Leszczyn
Patricia E. DeClercq
rive Humphi'tvs
ATTEST:
Sandra M. Parmerlee
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(III)
9103083 1 .
FED
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