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Home My WebLink AboutEncroachment - City of SB VPA - 340 E ColfaxMOP INTER -OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: DATE SENT: 2/26/2019 Matt Longfellow, Division of Engineering f'< eNco Rodriguez, Fire Department 'th`n. Dressel, Community Investment FROM: Linda M. Martin, Clerk ENCROACHMENT REdOMMENDATION-City Of SUBJECT: South Bend Venues Parks & Arts. LOCATION: 340 E. Colfax Ave DATE DUE: February 20. 2018 FAX OR E-MAIL TO: 235-9171 / lmartin(0)southbendin,go RECOMMENDATIONS AND COMMENTS: By Date REVOCABLE PERMIT RECOGNRION OF ENCROACHMENT UPON CITY OF SOUTH BEND -CONTROLLED PROPERTY AND PROVISIONS ALLOWING TRMPORARY CONTINUANCE OF SAME Company4lomeowner Department of Redevelopment City of South Bend xrs Name: Herein, "APPLICANT". The encroachment will be pemdtted 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 encroactmrent 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 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 detraction of any 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 expendimms incidental thereto, including any suit instituted by the CITY to enforce the obligation of this agreement of indcnmity. It is the intent of the parties hereto that the APPLICANT shall indemnify the CITY under this indemnification clause to the fullest extent permitted by law, except that APPLICANT shall not indemnify CITY for any damage 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: Dave Relos Signature: Data: BOARD OF PUBLIC I RKS APPROVAL A _G l President Member Member Member Updated 02/18 Member Date APPLICATION 9 TO ENCROACH ONTO PUBLIC BIGHT-OF-WAY3n, THE BOARD OF PUBLIC WORKS MUST HAVE FOUR (4) WEEKS PRIOR NOTICE . PLANS AND SPECIFICATIONS MUST BE ATTACHED Date: 340 E Colfas Ave (Parcel ID 018-5001- Location of Encroachment: 000702, 018-5001-0005 PROPERTY -OWNER'S INFORMATION Business/ Eom er Name: Department of Redevelopment City of South Bend Address: 227 W Jeferson Blvd Ste 1400 City/State/Zip: South Bend IN 46601 Phone 574-233-0311 Email Signature -- No, Name: Dave Relos INSTALLER'S INFORMATION Business Name: .Cityof South Bend Venues, Parks & Arts Address: 321 E. Walter St. City/State(Zip: South Send, IN 46614 Phone 574.233.0311 Email aPeordinary Signature _ a Print Name: Aaron Perri Encroachment 4: (9465(-fe- 0-�Dt`r,fom Photo of Site Here (Or See Attached Photo) Description: Restmom Building Foundation & Overhang,. Dumpster Enclosure & Trees Size of 226 sq ft CL Road to R(W Line NA.(No actual mad exists) - .., Encroachment_ Building = T-5", Dempster — Distance of RAV 24' _ _ Amount in R!W 11' 5 , Trees = Variable _... The above information is to the beat of my knowledge accurate and correct with regard to the encroachment in the City's right-of-way. Placed By: VPA Gore, Road ROW is current/ walkway y need us as public y providing access around Stephenson Mills and towards Seitz Park. No public road exists within the subject right-of-way. Seitz Park is being redeveloped based on site disturbances related in the UND hydroelectric project. A new restroom amenity building is proposed to meet the identified demands of the park The new resnoom building location is limited by underground and above -grade infrastructum related to the UND hydroelectric project and required parking for Stephenson Mills and thus encroaches approximately T-5" into the ROW. The dumpster enclosure for the Stephenson Mills is being relocated within the recomigumd parking lot in location best suited for truck access as well as screening from public use areas and thus encroaches approximately 1 F-5" into the ROW. New trees are proposed within the public ROW to provide visual screening between the public walkway along the East Race and the parking 1.1 as well as provide shade for pedestrian This Encroachment should not be walkways. Seven proposed trees arc located invariable locations within the public ROW. relocated because RETURN FORM TO: BoardcfPoblic Works 1316 County -City Building 227 Wcq Jefferson Boalavard South Bend, IN 46601 Phone: (574) 235-9251 . Fax: (574) 235-9171 It has been determined that this ancraachment in no way impairs the highway or with the free and safe flow of traffie thereon, and it is recommended that the encroachment be permitted to remain. t BOARD OFVUBLIC ' WORKS APPROVAL President ` ember Member Member Member Date RETURN FORM TO: Board ofpablic Works 1316 Cmmty-City Building 227 West Left eon Boo —d South Bend, IN 46601 Ph— (574) 235-9251 • Fax. (574) 235-9171 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 2/18/2019 Name Sue Ellen Doudrick Department Enn.. ...................-- _. _. -------- -------- -.._._.....------ _____ BPW Date 2/26/2019 Phone Extension 5922 Required,Prior to Submittal to Board BPW Attorney ® Attorney Name Clara McDaniels Dept. Attorney ❑ Attorney Name Purchasing ® Michael Schmidt Check the Appropriate tern Tync Submissions ® Professional Services Agreement ❑ Contract ❑ Proposal ❑ Open Market Contract ❑ Amendment/Addendum ❑ Special Purchase, QPA ❑ Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet ❑ Quote Opening ❑ Quote Award ❑ Reject Bids/Quotes ❑ Proposal Opening ❑ C/O & PCA No. _ ❑ PCA ❑ Chg. Order, No. ❑ Traffic Control ❑ Resolution _ Other ❑ Ease./Encroach Required Information Company or Vendor Name N/A New Vendor ❑ Yes❑ If Yes, Approved by Purchasing, ❑ No MBE/WBE Contractor � WBE MBE Completed E-VerifyForm Attached El Yes ❑ No Project Name Seitz Park Reconstruction Project Number ..... -... ......... _ ......._ .. 119-093 Funding Source Account No. Amount Terms of Contract Purpose/Description Seitz Park Reconstruction will include making improvements to and adding new infrastructure such as a new restroom building, lighting, parking lot, landscaping, curb & gutter, handrail, etc. which in some areas these features will encroach into the Gintz Avenue ROW(east side of Stephenson Mills), which has been occupied as pedestrian walkway with existing cub, tree, anc retaining walls for many years now. A roadway existed many years ago.