HomeMy WebLinkAbout#1461- Deed; TEMPORARY EASEMENT 701 N staint joseph streetTEMPORARY EASEMENT
701 N. St. Joseph Street
(Memorial Health Properties)
wo 5 0 / 7 G/
9103085
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
it::... the City of South Bend, including the first North -South alley East of
,� Michigan Street, between Navarre and St. Joseph Streets, in the City
r` of South Bend, (hereafter, the "Alley"); and
�r WHEREAS, Memorial Health Properties, Inc. is the owner of the
real property located at 701 N. St. Joseph Street, property bordering
on the Alley; and
t
WHEREAS, Memorial Health Properties, Inc. desires to make
telephone connnections between its property at 701 N. St. Joseph
Street and the Indiana & Michigan Power Company's pole numbered
J235-200, and thence to the Indiana & Michigan power Company's pole
numbered J235-198, 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 Alley; 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 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 00000' 00"
East (assumed bearing) a distance of 130.0 feet to the
Indiana & Michigan Electric Company's power pole
numbered J235-200; thence North 73130'00" 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.
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 20� day of 19 9O .
CITY OF SOUTH BEND, INDIANA
BOARD OF PUBLIC WORKS
Pst
VL4� -.,f _Z' 1
ohhn E. Leszczy s
Patricia E. DeClercq
t er ne Humph s
ATTEST:
c L ✓�C�t/ U��
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(II)
103085