HomeMy WebLinkAboutEncroachment - Commerce Center Development LLC1316 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
INTER -OFFICE MEMORANDUM
BOARD OF PUBLIC WORKS
DATE SENT: 2/11/2019
TO: Matt Longfellow, Division of Engineering
/ ederico Rodriguez, Fire Department
�Ahria Dressel, Community Investment
Ed Glecker, Traffic and Lighting
FROM: Linda M. Martin, Clerk //r _
ENCROACHMENT RECOMMENDATION- Commerce
SUBJECT: Center Development, LLC
LOCATION: 350 E. LaSalle Ave
DATE DUE: February 19 2019
FAX OR E-MAIL TO: 235-91 1 / Imartir outhber din. ov
RECOMMENDATIONS AND COMMENTS:
By Date
APPLICATION
TO ENCROACH ONTO PUBLIC RIGHT-OF-WAY
THE BOARD OF PUBLIC WORKS MUST HAVE FOUR (4) WEEKS PRIOR NOTICE
PLANS AND SPECIFICATIONS MUST BE ATTACHED
Date: February 6, 2019
Location of Encroachment: 350 E. Lasalle Avenue
PROPERTY -OWNER'S INFORMATION
Business/
Homeowner
Name: Commerce Center Lie; vkn)niettit, LLC
Address: 401 E. Colfax Avenue -- Suite 277
City/State/Zip: South Bend / IN / 46617
Phone 571 60-8008 t."Inal Per itw�cmalthewsde� com _._.
Signature ' "
g Pi l
Print Name: David Matthews
INSTALLER'S INFORMATION
Business Name: 1Construction C�� a nily
��Wgltcgptt�-
Address: 3914 Prospect Street
City/State/Zip„
lndianaEolis / IN / 46203 _
kl,q ,a:Iull,J. ir+cr I r ,-ti111W,:.u.....
Phone
317-359-5411 Email t
Signature�a`!��.
-..
Print Name:
Kurt Schlebecker
Encroachment
................................ --- ......................--...... _..... —......---_....,....-.............................
Description:
p
alon, Lasalle Avenue
Fresh air intake shafts ---------------
CL Road to R/W Line 41.25 feet
Distance of R/W 82.5 feet
See Attached Photos
Size of
Encroachment
Amount in R'W
trsr�
East: 1'-0" by 22'-7"
West: 1'-0" by 16'-,8".
East: 1'-0" by 22'-7"
West: 1'-0" by 16'-8"
The above information is to the best of my knowledge accurate and correct with regard to the encroachment in the City's right-of-way.
Placed By:
This Encroachment should not be
relocated because
It has been determined that this encroaclunent 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.
AIt1) J
.at1 �� APPROVAL
-� �.... ......._� ....u__ — —
President Member Member
_ _. ._ ..--�.�,� .......l_..�
Member Member Date
RETURN FORMTO:
Board of Public Works
1316 Comity -City Building
227 West Jefferson Boulevard
South Bend, IN 46601
Phonc: (574) 235-9251 0 Fat: (574) 235-9171
REVOCABLE PERMIT
RECOGNITION OF ENCROACHMENT UPON CITY OF SOUTFi BEND -CONTROLLED Z
PROPERTY AND PROVISIONS ALLOWING TEMPORARY CONTINUANCE OF SAME
NCornpany/Homeowner Commerce Center Development, LLC.
ame:
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
deten-nine that such encroachment is in any way impairing or interfering with the highway or with the free and safe now
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 pennit,
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 destruction of any property,
including the loss thereof, arising out of or in any mariner 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 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.
&I
ACCEPTANCE OF TERINIS AND CONDITIONS
I accept and agree to be bound by all of the terms and conditions of this permit.
Submitted By: Kurt Schlebecker
. ...... .. .. . . . . . ...
Signature:
Date: February 6, 2019
11 .. . . ... . ...... ............ . . ..... - . ..............
BOARD O'F" 1� JBIAC ORKS APPROVAL
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A-1 - - -------------------
Member Member
Member Member
Date
Updated 02/18