HomeMy WebLinkAbout#2110- Deed; GRANT OF TEMPORARY EASEMENT 110 S. MainGRANT OF TEMPORARY EASEMENT
Teacher's Credit Union/Leighton Plaza
To allow the installation, construction and
improvement of a temporary earth retention
system and related facilities in connection
with the construction of an underground
parking garage and public place, together
with the right of ingress to and egress from
said easement for the purpose of installing,
constructing and improving said earth
retention system or other facilities incident
thereto, in, upon, over, and under the
following described real estate in the City of
South Bend, St. Joseph County, State of
Indiana.
COUNTY -CITY BUILDING
SOUTH BEND, 1NDIANA 46601-1830
CITY OF SOUTH BEND STEPHEN J. LuFCKE, MAYOR
DEPARTMENT OF PUBLIC WORKS
September 25, 1997
Mr. Richard J. Rice
Teacher's Credit Union
110 South Main Street
South Bend, Indiana 46601
RE: GRANT OF TEMPORARY EASEMENT
Dear Mr. Rice:
PHONE219/235-9251
FAX 2I9/235-9171
TDD 219/235-5567
The Board of Public Works has recorded a Grant of Temporary Easement with the
Recorder's Office. Enclosed is a copy for your records.
If you have any questions, please call me.
Sincerely,
An-ela K. Jacob, Clerk
Enclosure
ENGINEERING ENVIRONMENTAL SERVICES F.�QLIPNIEN-r SERVICES
CARL LITTRELL, P.B. IOHN 1. DILLON. PH.D. w{ATT CHITROWSKr
219/235-9251 219/277-8515 219/235-9316
FAx 219/235-9171 Fax 219/277-8980 FAx 219/235-9007
TPUMPORTATI ON
CAM HENSLEY
219/235-9444
FAx 219/235-9272
WATER WORKS
]OHN F. STANCATI
219/235-9322
FAx 219/235-9728
}�L-c
&C W
GRANT OF TEMPORARY EASy�EMENT
lq-1l JUL IQ P 1: 5 0
THIS INDENTURE is made this ly day of � � iM `1-997•,`Y
t7 by and between Teacher's Credit Union (here ' afte It`d,r :)"-: and
?s}, the Civil City of South Bend, Indiana (hereinal Ee"e
For and in consideration of One Dollar ($1.00) and other
valuable consideration, the receipt of which is hereby
acknowledged, Grantor hereby grants and conveys to Grantee a
temporary easement at the location hereinafter set forth and
described to allow the installation, construction and improvement
of a temporary earth retention system and related facilities in
connection with the construction of an underground parking garage
and public plaza (the Project), together with the right of
ingress to and egress from said easement for the purpose of
installing, constructing and improving said earth retention
system or other facilities incident thereto, in, upon, over, and
under the following described real estate in the City of South
Bend, St. Joseph County, State of Indiana, described as follows:
SEE ATTACHED EXHIBIT A
The easement rights granted herein shall pertain to the air,
surface, and subsurface rights and interest of the Grantor, for
the use and benefit of the Grantee, to the nature and extent that
the Grantee may desire or need said air, surface and subsurface
rights and interests to reasonably accomplish and carry out the
construction of the Project and related facilities. The easement
hereby granted is for the benefit of the City of South Bend,
Indiana, and expressly includes the right and privilege to clean
and remove from said easement such landscaping materials,
concrete, asphalt, or other obstructions interfering with
Grantee's construction and improvement of the Project.
Grantee shall have the right of ingress or egress over
Grantor's real estate adjoining said easement to facilitate the
installation, construction, and improvement of the Project and
related facilities.
Grantee agrees to restore the area disturbed by its work to
a condition as good or better than the original condition.
Grantee shall remove the existing underground fuel storage tank
and replace it with a temporary, above --ground tank.
The Grantor reserves the right to use and occupy the surface
area on and over the temporary easement during the period of
construction provided that said use and occupancy does not in any
way conflict or obstruct the Grantee's right to use said surface
for the purposes and intentions hereinabove expressed.
To the fullest extent permitted by law, the Grantee and any
contractor performing work for Grantee, shall indemnify and hold
harmless the Grantor from and against all claims, damages, losses
and expenses, including but not limited to attorneys' fees
arising out of or arising resulting from the performance of the
work, provided that such claim, damage, loss or expenses (1)
attributable to bodily injury or death of any person working on
Grantor's real estate in conjunction with the installation,
construction or improvement of the earth retention system or
other facilities incident thereto, or to injury to or destruction
of tangible property (be it real or personal) owned by Grantor,
and (2) is caused in whole or in part by any negligent act or
omission of the contractor, any subcontractor,, anyone directly
employed by any of them or anyone for whose acts any of them may
be liable.
Grantor shall require, as one of the terms of this easement,
that the construction manager, general contractor and all
subcontractors with whom Grantee has any agreement to perform
work on the project (hereinafter collectively referred to as
"Contractor") that:
1. Contractor names Grantor as additional insured under
contractor"s comprehensive general liability policy. Said
insurance will be to cover claims and expenses asserted for
bodily injury, death of any person working on Grantor's real
estate in conjunction with the installation, construction or
improvement of the earth retention system or other facilities
incident thereto, or by any negligent act or omission of
contractors, anyone directly or indirectly employed by them, or
anyone for whose acts any of them may be liable.
2. The additional insured endorsement included on policies
shall state that the coverage afforded the additional insured is
with respect to claims arising out of operations performed by or
on behalf of contractor, that if the additional insured have
other insurance which is applicable to the loss, such other
insurance shall be on an excess or contingent basis and that the
amount of contractor's liability under this insurance policy
shall not be reduced by the existence of such other insurance.
The rights granted by this indenture shall terminate upon
Grantee's completion of the Project.
Grantee shall remove existing underground fuel storage tank
and replace it with a temporary, above -ground tank.
IN WITNESS WHEREOF, said Grantor has executed this Grant of
Temporary Easemenc on the date shown in the acknowledgment set
forth herein.
N
GRANTOR:
TEACHER'S CREDIT UNION
By:
Title:
Attest:
Valerie P�. 19i ler '
V.P. & General Counsel
STATE OF INDIANA )
SS:
ST. JOSEPH COUNTY ?
Before me, the undersigned, a Notary Public in and for
said County and State, personally appeared Richard J. Rice
personally known to me to be the grantors in the above Grant of
Temporary Easement, and acknowledged the execution of the same as
th?,�,r.woluntary act or deed.
,ti,. ••.�TNESS my hand and Notarial Seal this 8th day of
1997.aj
" l
Notar Public
Linda C. O'Brien, y
A resident of St. Joseph County,
3fi' • ` Indiana.
My^'Commission Expires:
This instrument was prepared by Anne E. Bruneel, Chief Assistant
City Attorney, 1400 County -City Building, South Bend, IN 46601.
3
CITY OF SOUTH BEND
BOARD OF PUBL C WORKS
J mes Caldwell
Carl Littrell
. Catherine Roeme
A EST:
is
Angela, Jacobi Clerk
STATE OF INDIANA )
) SS:
COUNTY OF ST. JOSEPH )
Before me, the undersigned, a Notary Public in and for said
County and State, personally appeared James R. Caldwell, Carl
Littrell, and M. Catherine Roemer, personally known to be the
members of the City of South Bend Board of Public Works, and
acknowledged the execution of the same as their voluntary act and
deed.
WITNESS my hand and Notarial Seal this `j" day of-"- 1 3W .,;• .
],'s, = k Y
A<4f
Not 'a�r-,JL %P ' "
Residing in'�4 Cbyt;�N= q
J
My Commission Expires:
This instrument was prepared by Anne E. Bruneel, Chief Assistant
City Attorney, 1400 County ---City Building, South Bend, IN 46601.
4
iNpIANA
CO[INTY
TEACHERS CREDIT UNION
BOARD OF DIRECTORS RESOLUTION
JUKE 25, 1997
I, David Sage, certify that I am of Directors for Teachers Credit Union, a state
the Secretary chartered credit union duly organized and existing under die law of the state
of the Board
called meeting of the Board of Directors held and convened in accordance with tine
bylaws of Teachers Credit Union, on the 25th day o1'June, articles of 1997 a quorum of Indiana. I also certify that at duly
present
y
therein, the following resolutions were adopted, without reservation. incorporation and
9 rum at all time being present and voting
RESOLVED, that Teachers Credit Union will
Bend, Indiana at the location described in Exhibit A, to allow the installation, cons
grant a temporary easement to the Civil City of South
temporary earth retention system and related facilities in connection with the construction of
parkin traction and improvement of a
g garage and public plaza, on the property directly south of the Credit Union's corporate office,
110 S. Main, South Bend, Indiana, an underground
located at
RESOLVED, that Mr. Richard J. Rice, President and CEO is hereby authorized and directed
further action and execute such documents as they in their sole discretion shall deem necessary order to implement this resolution. to take such
sary or appropriate in
Date: June 25,1997
David Sage, Secretary of the
Board of Directors of
Teachers Credit Union
STATE OF 1NDIANA )
ST. JOSEPH COUNTY) ) ss:
Before me, the undersigned, a Notary public in and for said County and State, personally appeared, Mr.
David Sage, personally known to me to be the Secretary of the Board of Directors of Teachers Credit Uion, and
acknowledged the execution of the same as their voluntary act and deed. n
WITNESS my hand and Notarial Seal this 2-5t/s day of June, I997.
Notary Public
A resident of St. Joseph CouIN
��••.-,>s`My Commission Expires: 2 — ty'
This instrument was prepared by Valerie M. Miller, Vice President and General Counsel, Teachers Cred'
Union, 110 S. Main Street, South Bend, IN 46601.
rt