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Home My WebLink About#2917- Deed; GRANT OF TEMPORARY EASEMENT All Of Lot 12 And Part Of Lot 13, All In Reynolds Addition To The City Of South Bend, A Subdivision In The Southwest Quartero F Section 1, Township 37 North, Range 229 7 GRANT OF TEMPORARY EASEMENT All of Lot 12 and part of Lot 13, all in Reynolds Addition to the City of South Bend, a subdivision in the Southwest Quarter of Section 1, Township 37 North, Range 2 in the office of the Recorder of St. Joseph County, Indiana together with part of Lot 14 in Charles Vinson's Subdivision of Lot 121 of State Bank's P Addition to South Bend, a subdivision in the Southwest Quarter, Section 1, Township 37 North, Range 2 East, Portage Township, the plat of which subdivision is recorded in Plate Book 3, Page 2in said office of the Recorder, depicted as Parcel 4 on the attached exhibit "B", described as follows; Commencing at the northwest corner of Lot 12 of said Charles Vinson's Subdivision, thence South 45 degrees 03 minutes 45 seconds East 21.19 feet, thence North 89 degrees 52 minutes 29 seconds East 150.00 feet to the east line of said Lot 14, thence south 00 degrees 00 minutes West 60.00 feet along the east lines of said lot 14 and Lots 12 & 13 of said Reynolds Addition and said Lot 14 tot he point of beginning & containing 10125 square feet, more or less. a V-7 BOARD OF PUBLIC WORKS AGENDA ITEM REQUEST SpUT11 B 04 \t1i I�I:rl��'%O All agenda item documents must be in Original Format and Signed Date: August 2, 2004 From: Cheryl A. Greene, Assistant City Attorney Department/Plione: 5860 For Board of Works Meeting (date): Monday, August 16, 2004 @ 9:30 a.m. Type of Agenda Items - (3) Grant of Temporary Easement Purpose: This document permits temporary parking on Bartlett Street during construction of Memorial Hospital Expansion Project. Please returptw ct Panain Pahls szewski atlegal following 5865 signature. Thanks, and if you need further assistance, please conta Amount of Con tract/AgreemenUProposal/Letter Agreement/Amendment: Project Number: Funding Source: (i.e., COIT, Sewage Works, LRSA) Total Percent of Increase/Decrease: cc: J. Livingston BPW AGenda040802avpd BARNES &THORNBURG Bruce R. Bancroft (574) 237.1128 Email: bruce.bancroft®bclaw.com Ms. Cheryl A. Greene Assistant City Attorney City of South Bend 1400 County -City Building 227 W. Jefferson South Bend, IN 46601 600 1st Source Bank Center 100 North Michigan South Bend, Indiana 46601-1632 U.S.A. (574)233-1171 Fax (574) 237-1125 www.btlaw.com July 29, 2004 Re: Grant of Temporary Easement to Memorial Hospital of South Bend Dear Cheryl: I am pleased to enclose with this letter three (3) signed fonns of "Grant of Temporary Easement" which Ted Foti signed in behalf of Memorial Hospital. Please have these presented to the Board of Public Works at its meeting next week. I would appreciate it if you would please send me a fully signed copy of this document after the Board of Public Works signs it. Larry Lies of the Hospital will contact Carl Littrell next Thursday to be sure this was signed so that the Hospital may proceed to construct its parking lot. I appreciate your assistance with this matter. Sincerely yours, B S & THORNBURG LLP Bruce R. Bancroft BRB:amI Enclosures SBDS02 BRB 3DO544YI Chicago Elkhart Fort Wayne Grand Rapids Indianapolis South Bend Washington. D.C. GRANT OF TEMPORARY EASEMENT THUS GRANT OF EASEMENT is made this day of August, 2004, by the Board of Public Works of the City of South Bend ("Grantor") in favor of Memorial Hospital of South Bend, Inc. ("Grantee"). WITNESSETH THAT: WHEREAS Grantee is the owner of certain real property located in the block bounded by Park Lane on the North, Lafayette on the West, Bartlett on the South and vacated Main Street on the East; and WHEREAS, property in that block with the legal descriptions attached hereto as Exhibit "A" is owned by Grantor as the location for relocated Bartlett Street (the "Property"); and WHEREAS, Grantee desires to use the Property as a parking lot for Grantee's employees and intends to improve the Property as a parking lot. NOW, THEREFORE, for and in consideration for the following agreements and covenants contained herein and other good and valuable consideration given by each party hereto unto the others, the receipt and sufficiency of which consideration is acknowledged, the parties agree as follows: 1. Incorporation of Recitals. The recitals hereto are incorporated into and made a part of this instrument. 2. Grant of Easement. Grantor does hereby grant a temporary, non-exclusive right, privilege and easement to Grantee, for the benefit of Grantee and Grantee's agents, employees, tenants, guests, invitees, successors and assigns (the "Benefited Parties") to use the Property for the purpose of a parking lot for Grantee's employees. 3. Duration of Grant of Easement. This easement shall be in full force and effect up to and through August 1, 2009. 4. Grantee to Maintain Easement. Grantee shall, at its own cost and expense, at all times keep the Easement, including pavement and curbing, in good condition and repair and shall keep the Easement free and clear of snow, dirt, and other debris as if it were still a part of the public right-of- way. S. Easement Does Not Run With the Land. The easement which is contained in this instrument shall not run with the land, but shall cease at such time as the Property is needed to construct relocated Bartlett Street. G. Indemnification. Grantee agrees to indemnify, defend, and hold harmless the City of South Bend, Indiana, its agents and employees, from any claims, suit, cause of action or loss of any kind, including attorney's fees, arising from the use of public right of way by Grantee as permitted by this Grant of Temporary Easement. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS Gary Gilot, President C. z Carl�ittrell r Don Inks ATT T: Angela K. J" b, Clerk ` Memorial Hospital of South Bend, Inc., by Theodore J. Foti, its Senior Vice President, agrees to abide by the terms of this Grant of Temporary Ease /) Dated: 20,� J Theodore J. Foti S nior Vice President WITNESS: SBDS02 BRB 300367v1 The followwing propert7y lacaiedn the City of South Bend, St. Joseph -County, Indiana= All of Lot" L and parr of Lot 13, ail in Reynold's Additau to the Cam of Sots _ Bend, a sub�vlsion � �e Southwes- �ascer ofSerao�. 1, To�nshxp 37.Nor�h, age . Easi; ?ot ge Township, the pIar of which subdi r ion is r�orded M' 21at Bofl} 7, Pam 52 s tine Of -ace of the Recorder of Sit- Joseph Co-cm-ty, -ludian.a, xo-f u her W:�h Part of Lot I4; { m Charles V oson's Subdivision. of La- No_ 12, of 5-- Ban�'s 3� Addition-ta Sots Bead, a subdivision. �. the Southwest darter of Se;,ao3h R 1, Township 33-7Non �., , �.ge 2 zn said Portage `?'ownsbip,id Office of he Recoco Alai of which. subdivision is recorded in Plat Book 3; Page 2 rder, depicted as Parcel 4 on the amjch�ed E, �=IT-T des abed as follows: Commencing at the norffaW= -canner or; Lot 12 of said 02ades Vruson's Subdivisic--a; -thence Sow 00 deY,-eEs 00 minutes 00 seconds West I21-83 f along the west Iine of Zoe 12, 13 and 11, rill in said Charles V-mson's SubdiviL�ion to the Pow- of Begiming of ttiis.desc #tzon; ;'thence Souk LS degrees 03 =:bm tom 45 seconds Last 21.19 feet; thence North 89 degrees 52 =uies 29 seconds East 150.00 east line of said Lot 14; thence SOU±h 00 degre-„s 00 1=' Ules 00 seconds Test b0.00 . ez -t -along. the east Iiues of said Lot 14 and Lots 12 and 13 of said. Reymold- s Addition; -tTae�ce South. 89 dtpa-ees 52 miAntes 29 seconds Nest 150.00 feel; th�—,ice South 441 deg7trs So mines 15 seconds' Nest 21.24 feet to fhe west line of Lot 13 of said -Reynold', Addition; thence North 00 degrees 00 mmies 00 seconds East 90.00 feet along the west Iives of Low 13 and 12 of sold ReynoId's Additio-u' aiad said Lot 1=' to the Point of Begi io g and cozy -air ag 10125 square feet; more or less. ?mid also the Nest half (Y:z ) of the vaca-ed North -South Alley adjacent to the East boundaiy of the aforesaid property. Subject to all covenants, easements and zestrictions of record. The following property located in the City of South Bend, St. Joseph County, Indiana. All of Lot 1 and part of Lot 2, in ReynoId's Addition to the Crty of South Bead, a subdivision in the Southwest Quarter of Section 1, Tow.aship 37 North, Raxtge 2 East; Portage Township, the plat of which subdivision is recorded m Plat Book 7, Page 55 in the O-Ece of the Recorder of St_ loseph County, Indiana, together with paw of Lot 7, in Charles VuL son's Subdivision of Lot No. 121 of State Bank's 3"i Addition to South Beud, a subdivision m the Southwest Quarter of Section 1, Township 37 North, Range 2 E Portage Township, the plat of which subdivision is recorded in Plat Book 3, page 2 n said Office ofthe_Recorder, depicted as Parcel 3 on the attached EXE[IBIT "B", described as follows: Commencing at the saurheasst caner of Lot 3 of said Re thence North 00 degrees 00 minutes 00 seconds East 43.28 feet alogg the cast knee oa d Lois 3 and 2 to the Point of'Begiva-ing of this description; thence North 45 degrees 03 minutes 45 seconds West 21.19 feet; thence South 89 degrees 52 bainutes 29 seconds West I50.00 feet to the ,west line of said Lot 2; thence North 00 degrees 00 minutes 00 seconds .East 60.00 feet along the east lines of said Lots 2, 1 and 7; thence North 89 degrees ' 52 minutes 29 seconds, East 1.65.00 feet to the east lute of said Lot 7; thence South 00 degrees 00 minutes 00 seconds West 75.00 feet along the east lines of said Lots 7, l and 2 to the Point of Beginning and containing 10013 square feet', more or less_ And the East half of the vacated North -South Alley adjacent to the West boundary of the aforesaid property. Subj ect to all covenants, easements and restrictions of record. •o:a [n -� o 'j � 0 C'I M A� �II'�7 1 Ca t-a (J1 MM • C�rJ ice'] Uri ca N c�7 �9 C3 � fib• xM o � =r o �D •• L m •� r=s m Ua a