Encroachment - Commerce Center Development LLC

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1316 COUNTY —CITY BUILDING 227 w.JEFFERSON BOULEVARD SOUTH BEND. INDIANA 46601-1830 CITY OF • BEND PETE BUTTIGIEG, MAYCM BOARD OF PUBLICA v March 12, 2019 Mr. David Matthews Commerce Center Development, LLC 401 E. Colfax Ave., Ste. 277 South Bend, IN 46617 PHONE 574/235-9251 FAX 574/235-9171 RE: Encroachment/Revocable Permit - Public Right -of -Way along Lasalle Avenue Dear Mr. Matthews: The Board of Public Works, at its meeting held on March 12, 2019, reviewed your request for the installation of fresh air intake shafts along 350 E. Lasalle Avenue. Community Investment and the Engineering Department determined that a permanent retaining wall within the public right-of-way is not revocable. An encroachment permit is intended as a revocable permit. Community Investment suggested it is not necessary to place the vents in the public right-of- way and the vents and the building fagade could be detailed such that the retaining wall stays within the existing private property, or vents could be relocated elsewhere along the building perimeter and the mechanical design reconfigured. The Board was informed that an easement is being prepared by the City Legal Department to address this retaining wall in the public right-of-way. Therefore, the Board determined that they would approve an Encroachment/Revocable Permit for a period not to exceed thirty (30) days to allow for the permanent easement paperwork to be drawn up and installation to proceed. The easement documents will be brought to the Board for approval within that period at which time the Board will revoke the Encroachment/Revocable Permit. If you have any further questions regarding this matter, please call this office at (574) 235- 9251. Sincerely, A ,p � Linda M. Martin, Clerk Enclosure GARY A. GILOT SUZANNA A FRITZBERG ELIZABETH A. MARADIK LAURA O'SULLIVAN THERESE J. DORAU