HomeMy WebLinkAbout#1462- Deed; TEMPORARY EASEMENT - 228 W bartlettTEMPORARY EASEMENT
228 W. Bartlett (Memorial
Health Properties)
r �' / v 0 G e_(a v
9103084
' 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 East of
Lafayette Boulevard, between Bartlett and Navarre Streets, in the
City of South Bend, (hereafter, the "Alley"); and
WHEREAS, Memorial Health Properties, Inc. is the owner of the
real property located at 228 W. Bartlett; and
_ WHEREAS, Memorial Health Properties, Inc. desires to make
telephone connnections between its property at 228 W. Bartlett and
the Indiana & Michigan Power Company's pole numbered J235-119,
located in the Alley, 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, 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 76054100"
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.
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.
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Dated this CrO day of !��1� ., , , 19 6
,,
.,.: 1
CITY OF SOUTH BEND, INDIANA
BOARD OF PUBLIC WORKS
rJ hn E. eszczynsk�
Patricia E. DeClercq
ne humpnreys
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(V)
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