HomeMy WebLinkAboutEncroachment - Linda Riley - East Wayne Street Neighborhood Association1316 COUNTY-CF1 Y BUILDING
227W. JEFFE SON BOULEVARD
Souni BEND. 1NDIANA, 46601-1830
CITY OF SOUTfi BEND PETE BUTTIG1EG, MAYOR
BOARD OF PUBLIC WORDS
October 23, 2018
Linda Riley
Bast Wayne Street Neighborhood Association
1326 Wayne North
South Bend., IN 46615
PHONE 574/235.9251
FAX 574/ 235-9171
RE; Encroachment into Public Right -of -Way — West End of Large Island at 1100 Wayne
Street
Dear Ms. Riley;
The Board of Public Works, at its meeting held on October 23, 2018, tabled your request for
the installation of a book kiosk at the west end of the large island at 1100 Wayne Street.
The Engineering Department noted the local Zoning Ordinance does not allow kiosks in the
tree lawn and stated the kiosk needs to be placed on private property. They also stated there
are no sidewalks available, and no ADA access at this location.
Several residents were present that spoke and stated they were never consulted about the
request for the installation and there was never any notification on the Neighborhood
Facebook or Google group regarding this request. They noted there are already two (2) book
kiosks and a public library close by. They are concerned about who will take care of the kiosk,
the potential for pornographic material being placed in the box, and the potential use for illegal
drug deals utilizing the box.
The Board stated you can re -apply but they need to see signatures of support from all
neighbors affected by the installation and within viewing site. The Board suggested the kiosk
needs to be placed on private property also.
If you have any further questions regarding this matter, please call this office at (574) 235-
9251.
Sincerely,
Linda M. Martin, Clerk
GARS' A. G1LOT° SUTANNA M. F➢z11 ZBEIw E➢..Il.AB T11 A, MARA.DIK JAM1 s A. MLV➢.;1.,I,,ER TI WRIl Slz J. UoRA1J
APPLICATION
To ENCROACH ONTO PUBLIC RIGHT-OF-WAY
Tl-m BOARD OF PUBLIC WORKS MUSTI IAVE FOUR (4) WErKS ['R [OR No,l,fcj,
/ � PLANS AND SPECIF [CATIONS MuCHL S'I'BE A,r'l'AI)
Date: 21
I � -
Location of Firicroachment: VA-,3-V (V (6616?
P ItTV-1)WNER'S INI- VT� ON'13
Business/
Homeowner
Name: 6 Q`
Address: j- �o r
City/State/Zip:
Phone Email
Signature
Print Name:
Business N ame:
Address:
City/State/Zip;
Phone
Signature
Print Name:
Encroachment
Description:
INSTAL1,ER'S INFORMATION
43,4 -1 Email ;> i
64,
(N d
CL Road to R/W Line
Di e static of RIW
Ir-)
M
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A� ec cl o
Size of
Encroachment _Y7 LN-, qh-
. . .........
Amount in R/W
The above information is to the best of my knowledge accurate and correct with regard to the encroachment in the City's right -of -MY
Placed By: r-)C-
This Encroachment should not be
relocated because o 4- VL) k k ( be 0 (-Jo a,
It has been determined that this encroachment in no way impairs the (highway or with the free and safe flow of traffic thereon, and it is
recommended that the encroachment be permitted to remain,
President
Member
BOARD OF PUBLIC WORKS APPROVAL
Member
Member
RETURN FORM TO:
Board of Public Works
1316 County -City Building
227 West Jefkrson Boulevard
South Mid, IN 46601
Phone: (574) 235-9251 o F= (574) 235-9171
Member
Date
RE, VOCABLE PERMIT
RECOGNITION OF ENCROACHMENT UPON CITY OF SouTH BEND -CONTROLLED
PROPERTY AND PROVISIONS ALLOWINGTEMPORARY coNTiNUANCE OF SAME
Company/Homeowner
Name:
Herein, "APPLICANT",
The encroachment will be permitted to remain and continue under the following terms and conditions:
1) Until such time as the BOARD OF PUBLIC WORKS (BOARD) of the CITY OF SOUTH BEND (CITY) shall
determine that such encroachment is in any way impairing or interfering with the highway or with the free and safe flow
of traffic thereon;
2) Said encroachment shall not in any way prejudice or preclude the CITY'S rights with respect to the future use of the
portion of the right-of-way;
3) The encroachment as it now exists shall in no manner be added to or enlarged in its present scope or dimensions-,
4) In the event of change. of ownership of the fixture or any other item of personal property which constitutes the aforesaid
encroachment, this permit shall become null and void;
5) 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 harmless and defend
the CITY fi-orn and against any and all actions or causes of action which the CITY may stiffer or incur by reason of
bodily injury, including death, to any person or persons, or by reason of damage to or dCStL`L1Gti011 Of ROY property,
including the loss thereof, 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,
It is the intent of the parties hereto that the APPLICANT shall indemnify the ary Linder this indemnification clause to
the fullest extent permitted by law, except that APPLICANT shall not iiideninify CITY for any dainage or expense
caused by the sole negligence of the CITY.
This approval shall be binding upon everyone past or present, claiming any interest in and to the aforementioned encroachment.
ACCEPTANCE OF TERMS AND CONDITIONS
I accept and agree to be bound by all of the terms and conditions of this permit.
Submitted By: t cklid
Signature:
Date:
BOARD OF PUBLIC WORKS APPROVAL
President
Member
Updated 02/18
Member
Member
ern er
Date
4w F�ILED w
, , "
2,,,,) OCT 701%
00FPUU1',�'(,�W,nt Against Itty Bitty Library at Proposed Locatija&...w,�n
80AI 0 1
UNDA M. MAfWP'aRPJon and Debra Gaul. We live directly across fre... Ltic alAff2le
park. Our address is 1204 Wayne Street North. We live along the curved
section on the east side of the park. We purchased our home in March 2009.
Part of the reason we bought our particular home was the wonderful, serene,
and natural view of the park.
When the Itty Bitty Library first appeared, we viewed it as an eyesore - as
we live directly across the street so it hindered our beautiful view. It was far
from aesthetically pleasing, as it was an old newspaper box painted chocolate
brown. After a conversation with the neighbor responsible for placing the
library box in front of our home, along with others who made their dislike
known, the box was removed.
We are here, as we have learned the box may be reinstalled in a different
location of the park. In addition to the unsightliness of the box, we have other
reasons why the box should not be placed in the park:
1. No one asked the residents of the homes neighboring the park for
their opinion.
2. Wayne Street is often used as a cut, -through between Jefferson and
Eddy by cars that often travel above the speed limit. The park is close
to the entrance to Wayne Street from Eddy which makes for a
dangerous area for pedestrians to be. There are no crosswalks or
sidewalks in the park area. The location selected is approximately
150 feet from Eddy Street.
3. The park is not well lit, as the lights at the three points of the park are
dimmer than most street lights, and the park area is dark at night.
The street joining North and South Wayne has been known to be a
parking area for youth, as well as an area where stolen property has
been found.
4. Because of the darkness, it would also make the box vulnerable to
vandalism.
5. One of our biggest concerns is that the box could be used for illegal
activity, i.e. a drop for illegal drugs/money for dropped drugs. Again,
because of the area being dark, it makes for an ideal rendezvous spot,
6. We question who will be responsible for the maintenance of the box.
7. There are three libraries within a 2-mile radius of Wayne Street -
Main Branch downtown and two smaller branches on Mishawaka
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