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Home My WebLink About#1479- Deed; GRANT OF PERPETUAL EASEMENT Agreement, Temporary Occupancy by the hospital of a portion of Cedar St. between St. Louis & Notre Dame Ave. for a period not to exceed 180 daysGRANT OF PERPETUAL EASEMENT (Agreement, Temporary Occupancy) Temporary closure and occupancy by the Hospital of a portion of Cedar Street, between St. Louis Blvd. and Notre Dame Avenue, for a period not to exceed 180 days. AGREEMENT FOR GRANT OF PERPETUAL EASEMENT AND TEMPORARY OCCUPANCY OF THE PUBLIC RIGHT OF WAY /1 This Agreement is made this r day of Novo-M&� 1— , 1331, by and between the City of South Bend, Indiana, a municipal corporation organized under and operating pursuant to the laws of the State of Indiana, by its Board of Public Works (City), and St. Joseph's Medical Center, Inc., a not--for--profit Indiana corporation (Hospital). WHEREAS, the City, by and through its Board of Public Works, has custody and control of all streets in the City of South Bend, Indiana, including the street commonly known as Cedar Street; and WHEREAS, the Hospital desires to construct a building which will house a family clinic and doctors' offices (Medical Pavilion 3) on the northeast corner of the intersection of Cedar Street and Notre Dame Avenue; and WHEREAS, in conjunction with that construction, the Hospital has requested that the City grant a perpetual easement to the Hospital for the construction, operation, use and maintenance of a tunnel under Cedar Street for the purpose of connecting the main hospital facility with Medical Pavilion 3; and WHEREAS, the Hospital has also requested the City's permission to temporarily close and occupy that portion of Cedar Street necessary for the construction of the tunnel as stated above; and WHEREAS, the City is willing to grant the Hospital's requests subject to the fulfillment by the Hospital of the conditions set out herein. NOW, THEREFORE, for and in consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1) The City agrees to permit the temporary closure and occupancy by the Hospital of a portion of Cedar Street, between St. Louis Boulevard and Notre Dame Avenue, for a period not to exceed one hundred eighty (180) days from the date of this Agreement, for the purpose of constructing an underground tunnel between the existing hospital building and Medical Pavilion 3. 2) The City also agrees to convey to the Hospital a perpetual easement across and under Cedar Street, which is more particularly described and shown on Exhibits 1 and 2 attached hereto, for the construction, operation, use and maintenance of said tunnel. 3) The parties agree and acknowledge that the easement conveyed pursuant to this agreement will not be deemed inconsistent with the use of Cedar Street as a public right of way, and that the Hospital will fully restore any portions of the public right of way damaged by their construction. 4) The Hospital will obtain an excavation permit as required by 518-22 of the Municipal Code and will meet all requirements of the Code relative to the excavation and restoration of the public right of way. 5) The Hospital will obtain a temporary occupancy permit as required by §6-11 of the Municipal Code and will meet all requirements of the Code relative to the temporary occupancy of Cedar Street. 6) Prior to the occupancy of the public right of way and for the term of such occupancy, the Hospital will provide the City with a $50,000 bond, payable to the City and conditioned to save the City harmless from any loss, cost, or damage as a result of the excavation, use and occupancy of the public right of way by the Hospital as set out herein. -7. Prior to the completion of construction, the Hospital will provide the City with a $50,000 maintenance bond, payable to the City for a term of three (3) years and conditioned to guarantee the restoration work done to the public right of way excavated by the Hospital against all defects in workmanship or materials which may become apparent during that period. 8) Prior to occupancy of the public right of way, the Hospital will provide the City with a certificate of insurance showing that it carries property damage liability insurance with limits of not less than $500,000, and liability insurance covering personal injury or death to any person with limits of not less than $300,000 per person and $5,000,000 per occurrence. Such insurance will be maintained during the term of the excavation and occupancy of the public right of way. The City of South Bend, Indiana, shall be named as an additional insured on the certificate. 9) The Hospital hereby agrees to indemnify, defend and save harmless the City from any and all suits, actions, claims, damages, losses or costs of any character arising from or out of allegations of negligence or other wrongdoing in connection with the occupancy, excavation and restoration of Cedar Street as described herein. J IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the date first about written. ST. JOSEPH MEDICAL CENTER, INC. �~ r by i G[ ,Wi liam T. H ' ling Director of Project Management BPW3/EAS-PERPET CITY OF SOUTH BEND BY ITS BOARD OF PUBLIC WORKS by John/ szczynski, r s'dent Patricia DeClercq LD ->rvrl, Kat Brine Hump�i�e�i's � `" � a Description of Easement A parcel of land located in the East Half (Ei) of the Southeast Quarter (S.E.1) of Section One (1), Township Thirty -Seven (37) North, Range Two (2) East and all being in Portage Township, City of South Bend, St. Joseph County, Indiana, said parcel being a strip of land 46.36 feet wide and being 23.18 fge�t, measur W at right angles to, each side of the following described centerline: Commencing at the intersection of the north right-of-way line of a public street now known as Cedar Street with the east right-of-way line of a public street now known as St. Peter Street, said point of intersection also being the southwest corner of Lot No. to as shown on Sthe recorded plat of "The Replat of Chapton's Subdivision of Large o�ttli Bend�.Indianatandlas recorded in Platition to Book now the City of east, along the north right-of-way line of saidkCedarSStreet and also Ce being along the south line of said Lot No. 10, a distance of 25.00 feet to the Point of Beginning of said centerline; thence southwesterly, along said centerline a distance of 88.98 feet to a point on the south right-of-way line of said Cedar Street, said point being 24.67 feet east of, measured along the south right-of-way line of said Cedar Street, the intersection of the centerline of said St. Peter Street; extended, with the south right-of-way line of said Cedar Street, said point of intersection of the centerline of this parcel -with the south line of said Cedar Street being the point of Terminus of this description; the sidelines of said strip of land being shortened or extended to intersect with the north and south right-of-way lines of said Cedar Street. EXHIBIT 1 SHEET I OF 2. DRAWN BY: JEK DATE: 11-1-91 CHECKED BY: JWF N DATE: 11-1-91 SCALE: M-T.S. o � � b b a x Sf. Pe der St. 66') 'L, o rz to � I o � V `yam a >n 889� • N Cen ierl i n e St. Pete r 5t. o Ex+e noted o N +: - 4 v Vil , 41 4- 1, kn �h ? 4 N � � � o Z 4i.2s' 41.2OF s' O 1 t DETAIL ° G\Srf��°��; LAND PLAT N, T. S . f' : Na. '�•'� l EhlES; ?�5 i 4 BY •y r►1 SrA-4 GF ,I COLE ASSOCIATES, INC. A� 2211 E. Jeif r Blvd � •• ,4 a son . South Bend, Indiana � t'0 SUR�iE TO: FROM. - RE -. f.: O F P U B L 2 C wo u T:c c :L NTER -- O�'F 2 CE MEMORANDUM DATE _ November 13, 1991 LT. LARRY BLUME, POLICE DEPARTMENT TRAFFIC CARL LITTRELL, DIRECTOR, DIVISION OF ENGINEERING MARY H. MUELLER, ASSIST T TY ATTORNEY SANDRA M. PARMERLEE, CLER REQUEST FOR RECOMMENDATI, The Board of Public Works has which I would appreciate your recommendation: REQUEST: DATES): CONTACT PERSONS?: RECOMMENDATION AND COMMENTS: received the following request reviewing and providing a OF SAINT JOSEPH'S MEDICAL CENTER FOR PERMISSION TO CLOSE CEDAR STREET, BETWEEN ST. LOUIS BOULEVARD AND NOTRE DAME AVENUE, FOR THE PURPOSE OF CONSTRUCTING AN UNDERGROUND TUNNEL. FOR A PERIOD NOT TO EXCEED TO ONE HUNDRED EIGHTY (180) DAYS JOHN B. FORD (233-1194) The City of South Bend, Engineering has reviewed the request and recommends approval. The closing of Cedar Street requires an "Occupancy Permit" which possibly this request rppresents. _ 1 By Larry ,D. Spradl,i n, Sr. Thanks! Engineering Aide 3 0 ARD O F P U B L I C W CDRK S I N T E R— Q F F I C E MEMORANDUM D ATE = November 13, 1991 T0: LT.-LARRY BLUME, POLICE DEPARTMENT TRAFFIC CARL LITTRELL, DIRECTOR, DIVISION OF ENGINEERING MARY H. MUELLER, ASSIST T TY ATTORNEY FROM: SANDRA M. PARMERLEE, CLER RE: REQUEST FOR RECOMMENDATIY The Board of Public Works has received the following request which I would appreciate your reviewing and providing a ,recommendation: REQUEST. DATE (S): CONTACT PERSON(S): RECOMMENDATION AND COMMENTS: Thanks! OF SAINT JOSEPH'S MEDICAL CENTER FOR PERMISSION TO CLOSE CEDAR STREET, BETWEEN ST. LOUIS BOULEVARD AND NOTRE DAME AVENUE, FOR THE PURPOSE OF CONSTRUCTING AN UNDERGROUND TUNNEL. FOR A PERIOD NOT TO EXCEED TO ONE HUNDRED EIGHTY (180) DAYS JOHN B. FORD (233-1194) By: LT. LARRY C. BLUTIE #147, 11/15/91 1 11 HARRY H. V RKLER , CONTRACTOR, INC. P-0. BOX 3608, 645 NORTH WILBER STREET, SOUTH BEND, INDIANA 46619-0608 October 16, 1991 John Leszcynski Engineering Department 1316 County -City Building South Bend, IN 46601 Re: St. Joseph Medical Center Medical Office Building III Dear John: PHONE 219/232.5801. FAX 2191282.2914 We are construction manager for the above facility. In order to provide a connecting tunnel from the existing building to this new building we will need to temporarily close Cedar Street to make proper excavation, construction of tunnel and moving of utility lines. We would estimate the starting of tunnel excavation on or about October 28, 1991 and completion within 180 days. The street will be properly repaired according to city specifications. Upon completion of drawings we will submit to your office for reference. By submission of this letter we are formally requesting a permit to temporarily close Cedar Street. Should you have any questions please contact me. Very truly yours, Y H. VERKLER, CO TRACTOR, INC. t�� Fired H. Lusk President FHL/11 cc: Bill Hambling, St. Joseph Medical Center Sam Jones, Troyer Group Dave Mankowski, Verkler BOARD OF PUBLT C WORKS =L NTER--OE'F= CE MEMORANDUM DATE _ November 12, 1991 TO: CARL LITTRELL, DIRECTOR, D ISION OF ENGINEERING MARY H. MUELLER, ASSIST C TY ATTORNEYS ` FROM: SANDRA M. PARMERLEE, CLE RE: REQUEST FOR RECOMMENDAT N Cl The Board of Public Works has received the following regue.st which I would appreciate your reviewingand - providing a recommendation: REQUEST: OF SAINT JOSEPH'S MEDICAL, CENTER FOR AN EASEMENT SO AS TO PERMIT THE CONSTRUCTION, OPERATION, USE AND MAINTENANCE OF A TUNNEL UNDER CEDAR STREET DATE (S): N/A CONTACT PERSON(S): JOHN B. FORD (233-1194) RECOMMENDATION AND COMMENTS: �� -�-� �-� �� `��. � ter--• h v By: Thanks! B o ARD o f P U B L= C wo RK S =L N T E R— O F F I C E M EMORAN DUM ID AT E = November 13, 1991 TO: LT. LARRY BLUME, POLICE DEPARTMENT TRAFFIC CARL LITTRELL, DIRECTOR, DIVISION OF ENGINEERING MARY H . MUELLER , ASSISTANT CITY ATTORNEY FROM: SANDRA M. PARMERLEE, CLERK'K; RE: REQUEST FOR RECOMMENDATION The Board of Public Works has received the following request which I would appreciate your reviewing and providing a recommendation: REQUEST: OF SAINT JOSEPH'S MEDICAL CENTER DATE (S): CONTACT PERSON(S): RECOMMENDATION AND COMMENTS: Thanks! FOR PERMISSION TO CLOSE CEDAR STREET, BETWEEN ST. LOUIS BOULEVARD AND NOTRE DAME AVENUE, FOR THE PURPOSE OF CONSTRUCTING AN UNDERGROUND TUNNEL. FOR A PERIOD NOT TO EXCEED TO ONE HUNDRED EIGHTY (180) DAYS JOHN B. FORD (233-1194) pp BDARD OF PUBL2 C w�RKS I N `7-' E 1:;,> F= C E MEMORANDUivl DATE = November 12, 1991 TO: CARL LITTRELL, DIRECTOR, D ISIMARY H. MUELLER, ASSISTANT CITYOATTTORNE,yN OF INEERING FROM: I �V' SANDRA M. PARMERLEE, CLE RE: REQUEST FOR RECOMMENDAT N The Board of Public Works has received the following request which I would appreciate Your reviewing and providing a recommendation: REQUEST: DATE(S): CONTACT PERSON(S): RECOMMENDATION AND COMMENTS: OF SAINT JOSEPH'S MEDICAL CENTER FOR AN EASEMENT SO AS TO PERMIT THE CONSTRUCTION, OPERATION, USE AND MAINTENANCE OF A TUNNEL UNDER CEDAR STREET N/A JOHN B. FORD (233-1194) CitY of South Bend Pnni"eering has reviewed the request and recommends a roval. arr D. Spry 11n, Sr. Thanks! Engi'neeri ng Aide JONES, OBENCHAIN, FORD, PANKOW & LEWIS ATTORNEYS AND COUNSELLOIZS JAMES H. PANKOW THOMAS F. LEWIS, JR. TIMOTHY W. WOODS' JOHN R. OBENCHAIN ROBERT W. MYSLIWIEC" ROBERT M. EDWARDS, JR. JOHN B. FORD MARK J. PHILLIPOFF- JOHN W. VAN LAERE'J" LUCINDA KIL GILLIS MICHELLE T. SHAKOUR 'ALSO ADMITTED IN MICHIGAN "At -SO ADMITTED IN ILLINOIS Board of Public Works City of South Bend 1308 County -City Building South Bend, Indiana 46601 TELEPHONE (219) 233-I)94 18CO VALLEY AMERICAN BANK BUILDING POST OFFICE BOX 4577 SOUTH BEND, INDIA 1TA 401334 FAX (219) 233.8957 (219) 233-9675 FRANCIS JONES (1907-1988) ROLAND OBENCHAIN MILTON A. JOHNSON RETIRED November 6, 1991 Re: Request of Saint Joseph's Medical Center, Inc, to Construct Tunnel Under Cedar Street Ladies and Gentlemen: As attorney for and on behalf of Saint Joseph's Medical Center, Inc., and in connection with the request for an easement made by letter this same date, we hereby request permission for Saint Joseph's Medical Center to close Cedar Street between St. Louis Boulevard and Notre Dame Avenue for the purpose of construct- ing an underground tunnel. We ask permission to close the above -referenced portion of Cedar Street for a period not to exceed 180 days. We ask the Board to give this matter prompt consid- eration. Respectfull AAA N ED JBF: jw BOARD OF PUBLIC WORKS Encs. NOV 12 1991 TONES, OBENCHAIN, FORD, PANKOW 8c LEWIs ATTORSiEyS AND COUNSELLORS JAMES H. PANKOW THOMAS F. LEWIS. JR. TIMOTHY W. WOODS' JOHN R. OBENCHAIN ROBERT W. MYSLIWIEC' ROBERT M. EDWARDS. JR. JOHN B. FORD MARK J. PHILLIPOFF' JOHN W. VAN LAERE'I" LUCINDA KIL OILLIS MICHELLE T. SHAKOUR 'ALSO ADMITTED IN MICHIGAN ALSO ADMITTED IN ILLINOIS Board of Public Works City of South Bend 1308 County -City Building South Bend, Indiana 46601 TELEPHONE (219) 233-1194 1800 VALLEY AMERICAN BANK BUILDING POST OFFICE BOX 4577 SOUTH BEND, INDI6,NA 4GC334 FAX (219) 233-8957 (219) 233.9675 FRANCIS JONES (1907-1988) ROLAND OBENCHAIN MILTON A. JOHNSON RETIRED November 6, 1991 Re: Request of Saint Joseph's Medical Center, Inc. to Construct Tunnel Under Cedar Street Ladies and Gentlemen: As attorney for and on behalf of Saint Joseph's Medical Center, Inc., we hereby request the Board of Public Works to grant Saint Joseph's Medical Center an easement, so as to permit the construction, operation, use and maintenance of a tunnel under Cedar Street for the purpose of connecting the existing main hospital facility and Medical Pavillion I on the south side of Cedar Street with the proposed new Medical Pavillion III to be located on the north side of Cedar Street. Attached to this letter is a legal description for the proposed easement. Filed with and accompanying this letter are excavation plans and technical drawings relating to the specifications to the proposed tunnel. We ask that this matter be given prompt consideration by the Board. Respectfull RE F ERRE D �w �), -2D BOARD OF PUBLIC WORKS J OHN B . FORD JBF: jw NOV 12 1991 Encs. or Sf: Pe-- e r 5 f. I V 01 0 0 Q Q ti N SHEET i OF z DRAWN BY: Jc k DATE: 11-1-91 -I: CHECKED BY: J 1NF DATE: 11-1-91 SCALE: N-T,5. � E rr^^ CO U Sf PEA e�- S�: (66 , ) I 2 x a -2 A. J a a n r a fi O O STAT;: GF r l AN yet SU Rai DATE: /I-4- 9, LAND PLAT BY COLE ASSOCIATES, INC. 2211 E. Jefferson Blvd. South Bend, Indlana Description of Easement A parcel of land located in the East Half (E?) of the Southeast Quarter (S.E.4) of Section One (1), Township Thirty -Seven (37) North, Range Two (2) East and all being in Portage Township, City of South Bend, St. Joseph County, Indiana, said parcel being a strip of land 46.36 feet wide and being 23.18 feet, measured at right angles to, each side of the following described centerline: Commencing at the intersection of the north right-of-way line of a public street now known as Cedar Street with the east right-of-way line of a public street now known as St. Peter Street, said point of intersection also being the southwest corner of Lot No. 10, as shown on the recorded plat of "The Replat of Chapton's Subdivision of Large (Outlot) No. 2, Cottrell's Addition to Lowell", now the City of South Bend, Indiana and as recorded in Plat Book No. 5, Page 68; thence east, along the north right-of-way line of said Cedar Street and also being along the south line of said Lot No. 10, a distance of 25.00 feet to the Point of Beginning of said centerline; thence southwesterly, along said centerline a distance of 88.98 feet to a point on the south right-of-way line of said Cedar Street, said point being 24.67 feet east of, measured along the south right-of-way line of said Cedar Street, the intersection of the centerline of said St. Peter Street; extended, with the south right-of-way line of said Cedar Street, said point of intersection of the centerline of this parcel -with the south line of said Cedar Street being the point of Terminus of this description; the sidelines of said strip of land being shortened or extended to intersect with the north and south right-of-way lines of said Cedar Street. Shee7`" Z OF?-