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HomeMy WebLinkAbout#2645- Deed; GRANT OF EASEMENT Encroachment of Public Right-of-Way for SignageIN) o- L GRANT OF EASEMENT INSTALLATION OF SIGNAGE BY MEMORIAL HOSPITAL ENCROACHMENT OF PUBLIC RIGHT -OF -)WAY THIS GRANT OF EASEMENT made this d of U)6oll, 2000, by the City of South Bend, Indiana, through its Board of Public Works (Grantor), to favor of Memorial Hospital of South Bend, Inc. ("Memorial Hospital"), its successors and assigns (Grantee). WITNESSETH THAT: WHEREAS, Memorial Hospital owns certain real estate located at 615 N. Michigan Street in the City of South Bend, Indiana; and WHEREAS, the installation of hospital signs will encroach the public right-of-way; and WHEREAS, the Board of Public Works desires to grant rights of easement for the purposes described herein, inasmuch as it presently appears such encroachment and grant of easement will not interfere with the free and safe flow of traffic on such public way. NOW, THEREFORE, for and in consideration of the foregoing, of the agreements and covenants herein contained and other good and valuable consideration given by each party hereto unto the others, the receipt of sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Grant of Easement. The Board of Public Works of the City of South Bend does hereby grant to Memorial Hospital, its successors and assigns, an exclusive right, privilege and easement for its three (3) signs in the City of South Bend, Indiana, outside the building located on 615 N. Michigan Street, in the Public Right -of -Way as designated on Exhibit "B" - Diagram of hospital layout. 2. Detail. The three (3) signs to be installed will be at the following locations: A. Designated sign number 2 will be located at the Northwest corner of Navarre and Michigan. See attached Exhibits "C & E ". B. Designated sign number 3 will be located at the Southwest corner of Bartlett and Michigan. See attached Exhibits "C & F ". C. Designated sign number 7 will be located at the Northwest corner of Main and Marion. See attached Exhibits "D & G ". These three (3) signs are laid out in Exhibit "A", Letter from Memorial Hospital to Carl Littrell, Director of Engineering specifying sign size and locations. 3. Appurtenant. The easement granted herein shall benefit and be appurtenant to Memorial Hospital. 4. Easement Revocable by Board. The Board of Public Works reserves the right to revolve this easement at any time should it determine the planter presents a safety hazard to the public, the full use of the right-of-way at this location is required, after thirty (30) days notice to memorial Hospital. If the Board of Public Works so determines, it may take action to revoke this easement at any regularly scheduled Board meeting after said notice, and such easement shall thereafter be vacated. 5. Indemnification. Memorial Hospital agrees to indemnify, defend and hold harmless the City of South Bend, Indiana, its agents and employees, from any claim, suit, cause of action or loss of any kind, including attorney's fees, arising from the use of the public right-of-way by Grantee as permitted by this Grant of Easement. GRANTEE: MEMORIAL HOSPITAL By: " Philip N "bol ;President and CEO GRANTOR: CITY OF SOUTH BEND BOARD OF PUBLIC WORKS Gary A. Gi ot, President atherine Roemer, Me er Donald E. Inks, Member M T: Angela K. acob, Clerk STATE OF INDIANA ST. JOSEPH COUNTY SS: aa2q Q & Lc�- Before me, the undersigned, Notary Public in and for St. Joseph County, Indiana, personally appeared Lewis . Catherine Roemer, personally known by me to be members of the Board of Public Works of the City of South Bend, Indiana, and acknowledged the execution of this Grant of Easement as their voluntary act or deed. WITNESS my hand and Notarial Seal this 42 d y of OC��� , 2000. My Commission Expires: STATE OF INDIANA SS: ST. JOSEPH COUNTY �n - �CZ-. TAc,63 , Notary Public A resident of St. Joseph County, IN Before me, the undersigned, a Notary Public in and for St. Joseph County, Indiana, personally appeared Philip Newbold, personally known by me to be the President and CEO of Memorial Hospital of South Bend, Inc., and acknowledged the execution of this Grant of Easement as their voluntary act or deed. WITNESS my hand and Notarial Seal this day of �CiJ�� - ) j-GU rCIL-,---___- Notary ?ublic A resident of St. Joseph County, IN My Commission Expires: iy-,� oo This instrument was prepared by Frank E. Schaffer, Assistant City Attorney, 1400 County -City Building, South Bend, Indiana 46601. Memorial fuly 11, 2000 HospitASouth Bed. O� /�%dts:%.c • �:�r ..� r -ivir. Carl Littrell Director of Engineering 1316 County -City Bldg. 227 W. Jefferson Blvd./�"�' South Bend, Indiana 46601 r fsVA !! IZe: Signaae in Public Right of wav for Memorial Hospital Of South Bend Dear Carl, Memorial Hospital hereby requests approval to install signs within the public Right-of-wav at the below described locations. This new signage is needed because by Memorial's new office building ( 100 Navarre Place) and the expansion of our Emergencv/Trauma center and the Child Birthing unit As requested in our meeting of June 26, 2000, Memorial has located these signs with wood lathe and identified the size of each at the specific location. We have also called underground utilities for their locates. I have included the following* items for your use in reviewing the sign locations: 1) Overall Campus site plan 2) Location plan for each specific sign 3) Detail of each specific sign Permission to place signage at the followin,t locations is requested: Sign T1- Near intersection of Marion and tilichiean streets New illuminated sign measunng 60"square x 15'0" high Zigyn=`2- orthwest corner of �+avarre:NMichigan Replace existing illuminated sign with new illuminated sign that measures 6'0" square x i5'0"high Sign Y3-- - uthwest corner of Bartlett/VlichiLan Replace existing illuminated sign with new illuminated sip that measures 6'0" square by 15'0" nigh Sign * " North side of Bartlett between Main and lVlichiean. mid bloc's Replace existing sign with new post and panel sign that measures 5' 71/4" long x 6'0" hick Sign T5- Southwest coM-er of '-Main/Bartlett New post and panel sign that measures 5' 7" Iong x 7"" high SiL,n #6- South side of 133rtle:t betwee:l Main and I_al:wctte. midblock Replace existing sign with new post and panel sign that measures 5' 71/4' long x 74." hisn 6135 Norfh 1,Gchizan -tre--! 4�uth E�ncl, in�iana �nl-cuc� r"i r Mr. Carl Littrell Page 2 July 11, 2000 Z,;1 7 ,ia T7 orthwest corner cf VMain and ✓Marion b� New illuminated post and panel sib that measures 5'7" long z tT high' ?lease note that the individual sign details do not show the Standard Hospital "H" and the Parking "P" as .equested, Memorial will pursue this with the actual sign fabricator. Inne:face Simon systems was used as a :onsuitant and may or may not fabricate and install the signs. Also sotucwording may change as tiiemorial Finalizes the signage. [f there is anything else that is needed please call me at 2& 1G3G or faxat284-1632. Memorial looks forward to your favorable Consideration of this requesL Sincerely, Lam J. Lies Director of Projects cc: Gary Gilot, Director, Deparrneat of Public Works w/e:lclosures Vlark Chambers w/enclosures . E4 ji.! k' sM" fi 1 ` E lt�ppr,iE r '.r y-4 S + . ,rr ?, r� ' ► ditliT"' A. o 9 BARTLE= STRc_T-J14•`1 lr ss.•+ / I " 11LI`� i =-.9a SPACES O r 1 i '\�ShclTIi�PAV3CIArf,- ,� I :L� mnvnAFE sTREEr Svpsxc P4wlc 1D� rl ;nml aub KXA ra rOArOt i,1 i .. MAnK 4 sTRE= i 3 1 rr. \UU NAVARRE STRE 1 �•�� � ~.` •.;:`\ 1 ': \�� ''.;`''`\� it �-!• I I 1 exit F.e 11 8 AA r ry 1 Q . e ✓ y /0 G�o0 �.ictiiscl '. 8 # !o ] / � \ O § r3 ���| _ / In E EO §\. — s;Bo 2g§� ; �:¥2 z$ § �. @ W) "o� E`❑cam;;J "= .-!� § ;]|2§a , 2q / / $ / 04 p » Q 2 q m w 7- w H g § . � [ ❑c { ± i Z �•�-�°� �/j _!"!i 0o;0 6 { lt°1 k\§/}Im0E3 . oo� E ❑ @ � m , ± §A: »)fe §\ t(i\W51 E � 77\ . e � ±2E kc 6 I GIMMENIMMINT \y\ crow G CL § �5 7 ! | 2■-i� %�6 l-o� ❑oa�53� �! §)❑\20 �§� � � @ Q 2 7 � §S�V §�§ C, �Ra2� {§\} m )\±(±ƒ( \E)/ \�eRg = m A 7 el"H qi r 1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LuECKE, MAYOR DEPARTMENT OF PUBLIC WORKS GARY A. GILOT, P.E. DIRECTOR OF PUBLIC WORKS October 26, 2000 Mr. Larry Lies Property Management Services 300 South St_ Louis South Bend, Indiana 46617 Re: Grant of Easement Installation of Signage by Memorial Hospital Encroachment of Public Right of Way Dear Larry: PHONE219/235-9251 FAX 219/235-9171 TDD 219/235-5567 Enclosed is the above mentioned document that was approved by the City of South Bend Board of Public Works, pending Mr. Newbold's signature. Please sign it and return it to our office as soon as possible so that it can be properly recorded. Sincerely, 0-o-o P �,�) Carl P. Littrell, P.E. City Engineer CPL;Ijh c: Angela K. Jacob, Clerk of the Board ENGINEERING ENViRoNMENTAL SERVICES CENTRAL SERVICES CARL LRTRELL, P.E. JOHN J. DILLON, PH.D. MATT CHLEROWSKI 219/235-9251 219/277-8515 219/235-9316 FAX 219/235-9171 FAX 219/277-8980 FAX 219/235-9007 STRE> rs SAM HENSLEY 219/235-9244 FAX 219/235-927Z WATER WORM JOHN F. STANCATI 219/235-9322 FAX 2191235-9728 ham(, Scqqu� GRANT OF EASEMENT INSTALLATION OF SIGNAGE BY MEMORIAL HOSPITAL ENCROACHMENT OF PUBLIC RIGHT -OF- Y AJ— THIS GRANT OF EASEMENT made this(:M day of , 2000, by the City of South Bend, Indiana, through its Board of Public Works (Grantor), in favor of Memorial Hospital of South Bend, Inc. ("Memorial Hospital"), its successors and assigns (Grantee). WITNESSETH THAT: WHEREAS, Memorial Hospital owns certain real estate located at 615 N. Michigan Street in the City of South Bend, Indiana; and WHEREAS, the installation of hospital signs will encroach the public right-of-way; and WHEREAS, the Board of Public Works desires to grant rights of easement for the purposes described herein, inasmuch as it presently appears such encroachment and grant of easement will not interfere with the free and safe flow of traffic on such public way. NOW, THEREFORE, for and in consideration of the foregoing, of the agreements and covenants herein contained and other good and valuable consideration given by each party hereto unto the others, the receipt of sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Grant of Easement. The Board of Public Works of the City of South Bend does hereby grant to Memorial Hospital, its successors and assigns, an exclusive right, privilege and easement for its three (3) signs in the City of South Bend, Indiana, outside the building located on 615 N. Michigan Street, in the Public Right -of -Way as designated on Exhibit `B" - Diagram of hospital layout. 2. Detail. The three (3) signs to be installed will be at the following locations: A. Designated sign number 2 will be located at the Northwest corner of Navarre and Michigan. See attached Exhibits "C & E ". B. Designated sign number 3 will be located at the Southwest comer of Bartlett and Michigan. See attached Exhibits "C & F ". C. Designated sign number 7 will be located at the Northwest corner of Main and Marion. See attached Exhibits "D & G ". These three (3) signs are laid out in Exhibit "A", Letter from Memorial Hospital to Carl Littrell, Director of Engineering specifying sign size and locations. Appurtenant. The easement granted herein shall benefit and be appurtenant to Memorial Hospital. 4. Easement Revocable by Board. The Board of Public Works reserves the right to revoke this easement at any time should it determine the planter presents a safety hazard to the public, the full use of the right-of-way at this location is required, after thirty (30) days notice to memorial Hospital. If the Board of Public Works so determines, it may take action to revoke this easement at any regularly scheduled Board meeting after said notice, and such easement shall thereafter be vacated. 5. Indemnification. Memorial Hospital agrees to indemnify, defend and hold harmless the City of South Bend, Indiana, its agents and employees, from any claim, suit, cause of action or loss of any kind, including attorney's fees, arising from the use of the public right-of-way by Grantee as permitted by this Grant of Easement. GRANTEE: MEMORIAL HOSPITAL By: Philip Newbold, President and CEO GRANTOR: CITY OF SOUTH BEND BOARD OF PUBLIC WORKS Gary 4GI, President sa4zr� <atherine Roemer, Ment er Donald E. Inks, Member TEST: Angela K. acob, Clerk STATE OF INDIANA ) SS: ST. JOSEPH COUNTY ) Before me, the undersigned, otary Public in and for St. Joseph County, Indiana, personally appeared L M. Catherine Roemer, personally known by me to be members of the Board of Public Works of the City of South Bend, Indiana, and acknowledged the execution of this Grant of Easement as their voluntary act or deed. WITNESS my hand and Notarial Seal this O?, y of (2)C71.3'�- , 2000. �n . TACZ3 , Notary Public A resident of St. Joseph County, IN My Commission Expires: I — f 0 f a,ocg STATE OF INDIANA ) SS: ST. JOSEPH COUNTY ) Before me, the undersigned, a Notary Public in and for St. Joseph County, Indiana, personally appeared Philip Newbold, personally known by me to be the President and CEO of Memorial Hospital of South Bend, Inc., and acknowledged the execution of this Grant of Easement as their voluntary act or deed. WITNESS my hand and Notarial Seal this day of , 1999. , Notary Public A resident of St. Joseph County, IN My Commission Expires: This instrument was prepared by Frank E. Schaffer, Assistant City Attorney, 1400 County -City Building, South Bend, Indiana 46601. 1 1, 2000 Carl Littrell ctor of Engineering 5 County -City Bldg. W. Jefferson Blvd. :h Bend, Indiana 46601 Memorial Hospital of South Bend ;0�/ Sienage in Public Right of way for tilemorial Hospital Of South Bend ,{ r Carl, Y J —UO t :iorial Hospital hereby requests approval to install signs within the public Right-of-way at the below described Lions. This new sisnaze is needed because by Memorial's new office building ( 100 Navarre Place) and the insion of our EmerLyency/Trauma center and the Child Birthing unit. -equested in our meeting of June 26, 2000, Memorial has located these signs with wood lathe and identified the of each at the specific location. We have also called underground utilities for their locates. •re included the following items for your use in reviewing the si?Tt locations: )verall Campus site plan ocation plan for each specific sign )etail of each specific sign ssion to place sianage at the following locations is requested: =1- Near intersection of'Marion and'Michigan streets New iIIuminated sign measuring 60"square x I5'0" Kish �2- orthwest come- of Navarre:NMichiS!2 gn with new illuminated sign that measures 6'0" square x I5'0"high Replace existing illuminated si 1 -"3 4outhwest corner of Bartlett/Michig-an Replace existing illuminated sign with ne.v illuminated sift that measures 6'0" square by 15'0" high a North side of Bartlett between'Main and'licltiaan. mid bloc's Replace existing sign with new post and panel sign that nicasures 5' 71/4" long x 6'0" hicin .mofa-out�airifBartlett Nj ew post and panel sign that measures 5' 7" lone x T-4" high :46- SUla11 side of 133rt1e:t act —wee 1 titain and Laiavcttc_ n1i�L•lc�cl' Replace existing si-an with new post and panel sign that measures 7114' long x 7 4" high 615 North 1,Udc gan Stre:l South Bend, Indiana 466-01-99�6 C--�hm1T R Mr. Carl Latrell f Page 2 July 11, 2000 ,7 orthwest corner of.Nfain and lrlarion New illuminated post and panel sign that measures 57' long x *T hi;I/-;;­ ie note that the individual sign details do not show the Standard Hospital "H" and the Parking " P" as =sted, Memorial will pursue this with the actual sign fabricator. IM"ce Sign systems was used as a sltant and may or may not fabricate and instaII the signs. Also some wording may change as tilemorinl izes the signage. :re is anything else that is needed please call me at 23 :-1636 or fax at23-1-1632. Memorial looks forward to favorable consideration of this request ,.rely, -�Les :tor oI Projects 1ary Gilot, Director, Depa.*-tment of Pubiic Works w/enclosures vlark Chambers wlenclosures ARRA TOR rKA J gala RAY AKA Ka JLU% Wz= alw=( Kx3m 13ARTL--TT STR= ,.111 -1 1 1:1 U tj I I I I I 1 1 11;. 1 H L 94 SPACES Lill 11114�Fil Mff mil j wig-r-11M �FF��F��7i �� In MnVAMRE STRE.-T z N IL C APARTMD175 MAU p4taic RDUM BUO WfurA rojvrol 13 zo WUIK-11 STREW . . 5... 77 / v, zoo,: V U�YE,2/1� S=- r- `s's " /�e a /.i,, df Ll-'u e � O �- E7CN� 5 a o 3 AI C C � � ��❑ � c ❑ SQ E � [J U) to l J El q S N � r 14 i o o s 3❑ r se 2-4 U� c r� L �' Tg� 5❑ L y ww J ❑� � C 2I 0 ti fi o D o n o V v u oc v❑Loy 3 �3Ea�Ya❑ 11m^ V/ 7 < v -6 - n 1� m E rj x CV N U z LU LU LU T E u a U_ R u E E3 U Lu sx LU w F 02 5 t Q C nowY U) i Q 1 � N � C � R d � U � U � � E ] Z /�, ± S_ � ««e 0 �$\ lI:! y ■ , | � �•�,!& �,� ]r1i INI J � �§ 2 2 � � f ; 322 §l$ / E \ f w ���\ \] \ 7 \�% ,« .!l�.•,! - � 3 � §� \#k v 3 0 Ln 1 C 1 G ❑ aa t9 IC- UI C F � ❑ IB FL L 3 e w O a- a ❑ i❑ o g d ❑❑ ❑❑n �+ sum ❑Wa �7�]❑� ;�IzF�F �n L In pb a � ER ��� ok ��❑ g3 + L"� a � �-2 ❑ Tlyo' a E �$s `3N $ a _ 5 � z'�a 4d� b � Fy a� :� ❑❑��yv'3 v' ..-�+��o$P a o`oak€n`� �❑ v�n'�3'^0<�' }L a j m" oL ❑�1©. g �u'^O❑izl❑ �❑_❑❑❑2 5 s t] ti Llf S U z w c7 w w y N N E•m.l lr� W C) m acH k8 t1 �- 3 '' hc.'! 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