HomeMy WebLinkAboutEncroachment - Sean Downes - 1247 N Notre Dame Avenue1316 COUNTY-0 I'Y BUILDING
227 W, JEFFERSON Botji,EVARD
SOUTH BEND. INDIANA 46601-1830
July 10, 2018
Sean Downes
1247 N. Notre Dame Avenue
South Bend, IN 46617
RE: Encroachment into Public Right -of -Way — 1247 N. Notre Dame Ave.
Dear Mr. Downes:
PHONF' 574/235-9251
FAX 574/ 235-917 1
The Board of Public Works, at its meeting held on July 10, 2018, approved your request for
the installation a brick landscape design on the comer of right-of-way at 1247 N. Notre Dame
Ave. This encroachment was approved subject to the improvements not becoming a safety
hazard. Enclosed please find a copy of the permit.
The encroachment will be permitted to remain and continue until such time as the Board of
Public Works of the City of South Bend shall determine that such encroachment is in any way
impairing or interfering with the highway or with the flee and safe flow of traffic thereon.
Said encroachment shall not in any way prejudice or preclude the City's rights with respect
to the future use of that portion of the right-of-way.
If you have any further questions regarding this matter, please call this office at (574) 235-
9251.
Sincerely,
Linda M. Martin, Clerk
Enclosure
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Looation ofEncroachmeat:
PR0PEyrry-oWTqER)S INFORMATION
Bodiless/
Homeowner S-C A() Dow ra,5
Name:
Address:
city/statc/zip� _aQAh_. 6e DO k4 U& 17
Phone
Signature
Print Name�
INSTALLER'S INFORMA,rm
Business Milne: -F
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Address:
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City/State/Zip:
Pholle 594- M/—;QV,,?V Email
Signature
Print Name: J,D LN
Microaoliment
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SiZe Of
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Distance, of RAV ------ Amount it] kv
Tho above inrormation is to the best of my knowledge a0mirateand correct With rc�aard to the encroachment fil, the City's_d_g_h_t_-of_-wRy,
Placed By:
relocated because
I'llis, Encroachment shoda
i
It has been detm-mined that this encroacillijellt ill 110 way ill,pair-s-_
recommended that the encroachment be perml(ted. to remaill, the highway or willi the frecand sare flow of traffic thercon, arld it is
S APPROVAL
pr S i ent ember
16 -
42
M 11 er
Member Date
RETURN F0164TO;
Bonrd of Publio Works
1316 County -City Building
Weqt Jeffic"on8oulsvavd
South Band, IN 46601
Phone: (574) 2,35-9251 a FaM (574) 235-9171
ItEVOCABLE PEAMIT lt'T".
1113COGNITION OF ENCROACHMENT UPON CITY Or SOUT11 Br -,ND -CONTROLLED N
PROPFuvrY Ai�r) PROV181ONS A1A,0NVfNO TFMl'O1WtY CONUNUANCL? OF SAME F FA CE
Compauy/flomeowner
Narne�
Heroin, "APPLICANT".
The encroRchinent will be permitted to remain and continue under this; following terms and conditions;
1) Until such time as the BOARD OF PU13LIC WORKS (ROARD) of the CITY OF SOUTH BEND (CITY) shall
deterrivine that such encroachment is in any way impairing or interfering with the highway or with the ftec and safe -now
of traffic thercon;
2) Said encroachment shall not ill my way prejudice or preclude the CITY'S riglits with respect to Ole filture use of tile
portion of file right -of --way;
3) The encroachment as it now exists shall in no manner be added to or clilarged in its present scope or dimensions;
4) In file event of change of ownership of the fixture or any offier Rein of Personal property which constitutes die aforesaid
encroachment, this permit shati become null and void;
S) The CITY shall not be liable to APPLICANT for any damages caused to APPLICANT that arise out of or is incidental to
any activity and/or incidences authorized by this permit;
6) In consideration of the granting of this Permit by the BOARD, APPLICANT shall indemnify, hold han-niess and defend
the CITY from and against any and all actions or causes of action which the CITY may suffer or incur by reason of
bodily injury, including death, to any person or persons, or by reason of damage to or destruction of any property,
including the loss thercor, arising, out of or in any manner connected with any activity and/or incidences authorized by
this permit and/or any activities and/Or incidences incidental thereto, or which the CITY may sustain or incur in
connection with any litigation, investigation, or other expenditures incidental thereto, including any Suit instituted by the
CITY to enforce the obligation of this agreement of indemnity,
urity,
it is the imelit of the parties hereto that the APPLICANT shall indemnify the CITY under this indeowificalion clause to
the ftilles( extent permitted by law, except that APPLICANT shall not indemilify CITY toe' any darliage or expense
callqcd by the sole negligence of the CITY.
lhisapprovRl shall be binding upon everyone past or present, claiming any interest in and to theaforenientioned encroachment
ACCEPTANCE OF TERMS AND CONDITIONS
I accept and agree to be bound by all ofthe terrivi and conditions ofthis permit.
Submitted By:
'!NZ10111110 Signature:
W. . . . . .
"OARD OF PUBLIC WORKS APPROVAL
preside ide t Men be Member
Member Meriibcr Date
Updated 02/18
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