HomeMy WebLinkAboutEncroachment & Revocable Permit - Storefront Awning - Caster Liquidation LLC.1316 COUNTY -CITY BUILDING
227 W.JEFFERSON BOULEVARD
SOUTH BEND, INDIANA 46601-1830
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CITY OF SOUTH BEND JAMES MUELLER, MAYOR
BOARDOF PUBLIC WORKS
February 25, 2020
Mr. Zion Castor
Castor Liquidation LLC.
733 S. 33rd. St.
South Bend, IN 46615
RE: Encroachment into Public Right -of -Way — Storefront Awning
Dear Mr. Caster:
PHONE 574/235-9251
FAX 574/235-9171
The Board of Public Works, at its meeting held on February 25, 2020, approved your request
for the installation of a storefront awning at 3007-3011 Mishawaka Ave. This encroachment
was approved subject to the improvements not becoming a safety hazard. Enclosed please
find copies of the permits and applications.
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 free 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
GARY A. GILOT ELIZABETH A. MARADIK THERESE J. DORAU JORDAN V. GATHERS JOSEPH R. MOLNAR
REVOCABLE PERMIT
RECOGNITION OF ENCROACHMENT UPON CITY OF SOUTH BEND -CONTROLLED
PROPERTY AND PROVISIONS ALLOWING TEMPORARY CONTINUANCE OF SAMEi
a�unert ,^.°�ru
Company/Homeowner Castor Liquidation LLC
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;
G) 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 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 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
1 accept and agree to be bound by all of the terms and conditions of this permit.
Submitted By: Zion Castor
Signature:
Date: January3, 2020
BOARD OF PUBLIC WORKS APPROVAL
President � � � Member � �45550 �inber
rI eI' Member
d
n ...
Date
Updated 02/18
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: Januar 3, 20E7
Location of Encroachment: 3
Mishawaka Avenue
PROPERTY -OWNER'S INK)R
Business/ Zion Castor dba Castor Liquidation LLC
Homeowner
Name:
Address: 733 S. 33'1 Street
...... _... ............ .. _................. _
City/State/Zip: South Bend, IN 46615
Phone 541-255-5544 ._._.. Email casto�rli uidatim iqui i on
_._. _.,ail.com
Signature
Print Name: Zion Castor
INSTALLER'S INFORMA"
Business Name: Custom Awning
Address: 1251 Third Street
Osceola, IN 46561
Phone 574-674-5900 Email customawninginc
,., y'ahoo.com
Signature
Print Name: Jacr eline Beals
Encroachment
Description:
CL Road to R/W Line
Distance of R/W
Storefront Awning
26'
Attach Photo of Site
Here
(Or See Attached Photo)
Size of
Encroachment
2'
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-way,
Placed By:
This Encroachment should not be
relocated because
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.
� OAi D OF It JC WORK APPROVAL
President Member t n7lber
Member Member Date
RETURN FORM TO:
Board of Public Works
1316 County -City Building
227 West Jefferson Boulevard
South Bend. IN 46601
Phone: (574) 235-9251 a Fax: (574) 235-9171
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INTER -OFFICE MEMORANDUM
BOARD OF PUBLIC WORKS
DATE SENT: 1/21/2020
att TO hiris DressellComm
unity Division unit et Engineering
ring
n Kneent
y Investment
ey Deal, Street and Sewers
FROM: Linda M. Martin, Clerk
ENCROACHMENT RECOMMENDATION
SUBJECT: Castor Liquidation - Storefront Awning
LOCATION: 3011 Mishawaka Ave.:
DATE DUE: February 4,_2020
FAX OR E-MAIL TO: 235-9171 / Irnartln southbendinu. ov
RECOMMENDATIONS AND COMMENTS:
By w - Date
Nateesha Jacobs
From: Coby Deal
Sent: Wednesday, January 22, 2020 9:15 AM
To: Nateesha Jacobs; Chris Dressel; Matt Longfellow
Subject: RE: Encroachment - 3011 Mishawaka Ave.
I see no issues on our end . Coby Deal Traffic & Lighting
From: Nateesha Jacobs <njacobs@southbend in.gov>
Sent: Wednesday, January 22, 2020 9:11 AM
To: Chris Dressel <cdressel@south bend in.gov>; Matt Longfellow <mlongfel@south bendin.gov>; Coby Deal
<cdeal@southbendin.gov>
Subject: Encroachment - 3011 Mishawaka Ave.
Hello,
Please provide your recommendations for 3011 Mishawaka Ave. encroachment.
Thank you,
✓V atee ha Ja o&
Administrative Assistant
Department of Public Works, Engineering Division
(574) 235-9197
"
City of South Bend
227 W. Jefferson Blvd., Suite 1316
South Bend, IN 46601
We defiiv a seii'Oces that einiilpore er, everyone to t:tudve
I xndkl ncc � Accciu.aAal:°AI ty I linnovKb'hloin I hnuz,luskm I E:i-inpaoweirmr.irO
Nateesha Jacobs
From:
Matt Longfellow
Sent:
Thursday, January 23, 2020 10:22 AM
To:
Nateesha Jacobs
Cc:
Toy Villa; Row Permits Office; Kara Boyles
Subject:
FW: Encroachment - 3011 Mishawaka Ave.
Attachments:
1500_001.pdf
Nateesha,
Engineering has no objections to the encroachment of this proposed awning.
Regards,
f86S
Matt Longfellow
Permit Inspector
Public Works Engineering
Office: (574) 235-5929
Mobile: (574) 286-9589
111l �I d t-Cas gft!(1r)dnm)Y
City of South Bend
227 W. Jefferson Blvd., Ste. 1316
South Bend, IN 46601
(°�t,� 1��wry7�v_serJ,utfrbec�d6n��c�,w.
From: Nateesha Jacobs <njacobs@south bendin.gov>
Sent: Wednesday, January 22, 2020 9:11 AM
To: Chris Dressel <cdressel@southbendin.gov>; Matt Longfellow <mlongfel@south bendin.gov>; Coby Deal
<cdeal@southbendin.gov>
Subject: Encroachment - 3011 Mishawaka Ave.
Hello,
Please provide your recommendations for 3011 Mishawaka Ave. encroachment.
Thank you,
, 9i )V I ffil , � w,
Na&" fm J",oJ
Administrative Assistant
r a'
Department of Public Works, Engineering Division
(574) 235 9197
City of South Bend
227 W. Jefferson Blvd., Suite 1316
South Bend, IN 46601
We deliver services that empower everyone to thrive.
Excellence I Accountability I Innovation I Inclusion I Empowerment
Nateesha Jacobs
From: Chris Dressel
Sent: Saturday, February 1, 2020 9:14 AM
To: Nateesha Jacobs
Subject: RE: Encroachment - 3011 Mishawaka Ave.
Recommended for approval.
Christopher D Dressel, AICP
Senior Planner
Bicycle Coordinator
Brownfields Coordinator
Census Coordinator
Department of Community Investment
t�tlrt:�s4t),tt�.ut,l wl.�a�ndq�t„
City of South Bend
227 W. Jefferson Blvd., Suite 1400S
South Bend, IN 46601
We v ellly a seuMce that ernlll cower eveu°"tone to tihi,ive
Fxccllenco ry Accou.ircrtruh,uloN I Willovatloul ii Innahslcw 0 I,i:uir povveinnon.
From: Nateesha Jacobs
Sent: Wednesday, January 22, 2020 9:11 AM
To: Chris Dressel <cdressel@south bendin.gov>; Matt Longfellow <mlongfel@southbendin.gov>; Coby Deal
<cdeaI@south bendin.gov>
Subject: Encroachment - 3011 Mishawaka Ave.
Hello,
Please provide your recommendations for 3011 Mishawaka Ave. encroachment.
Thank you,
B age
Nfm J"o&
Administrative Assistant
3
Department of Public Works, Engineering Division
r
(574) 235 9197
,';r"4�ya1�VIt
P1�0g1 d�C y
City of South Bend
227 W. Jefferson Blvd., Suite 1316
South Bend, IN 46601
We delllivtt.0 services thW einpower everyone to t:llrui° ve.
er,Vleiw( I Anirm,rinUahfl'ut.y I lnnra„uvU.iiu ii I Nnrrlusl ari I I rr powv;i"o.nert
REVOCABLE PERMIT
RECOGNITION OF ENCROACHMENT UPON CITY OF SOUTH BEND —CONTROLLED
PROPERTY AND PROVISIONS ALLOWING TEMPORARY CONTINUANCE OF SAME
r4r,r,
Company/Homeowner Castor Liquidation LLC �wrM
Name:
Herein, "APPLICANT".
The encroachment will be permitted to remain and continue under the following terms and conditions:
I) 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 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 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 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: Zion Castor
__.. .._
Signature:
Date: January 3, 2020
BOARD Or P11.)BI',I(:' WO' KS APPROVAL
,q,
�.
�_
Presidentp Member Member
y .� ..
ro
er _ C M inber ,M Date
Updated 02/ l 8
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: January 3, 2020_
Location of Encroachment: 3007 Mishawak
a Avenue
PROPERTY -OWNER'S IN
Business/
Zion Castor dba Castor Liquidation LLC
Homeowner
Name:
Address:
733 S. 33" Street
City/State/Zip:
Sou th Bend, IN 46615
Phone
541-255-5544 Email castorliquidation
6tmynrail.com
Signature Pit Name: n Castor
INSTALLER'S INFOIMA'
Business Name: Custom Awning
._..w..- ........
._..�
Address: 1251 Third Street
Osceola, IN 46561
Phone 574-674-5900 En customawninginc
(rD,Y rhoo .com
Signature
Print Name:
Jac(rline Beals
Encroachment
Description:
CL Road to R/W Line
Distance of R/W
Storefront Awning
26'
Attach Photo of Site
Here
(Or See Attached Photo)
Size of
Encroachment
2' _
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-way.
Placed By:
This Encroachment should not be
relocated because
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.
J �f BOARD4�%FPL�J:11 O 'kS APPROi�4�rN"kbe �.�
1"teldrat
ember
M ber Member Date
L
RETURN FORM TO:
Board of Public Works
1316 County -City Building
227 West Jefferson Boulevard
South Bend, IN 46601
Phone: (574) 235-9251 a Fax: (574) 235-9171
INTER -OFFICE MEMORANDUM
BOARD OF PUBLIC WORKS
DATE SENT:
TO: att Longfellow, Division of Engineering
Chris Dressel, Community Investment
Coby Deal, Street and Sewers
FROM: Linda M. Martin, Clerk qvv- -
ENCROACHMENT RECOMMENDATION
SUBJECT: Castor Liquidation — Storefront Awning
LOCATION: 3007 Mishawaka Ave.
DATE DUE: February 4 2020
FAX OR E-MAIL TO: 235-9171 / Imartin southbendin. ov
RECOMMENDATIONS AND COMMENTS:
By Date
1 /21 /2020
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Nateesha Jacobs
From: Coby Deal
Sent: Wednesday, January 22, 2020 9:14 AM
To: Nateesha Jacobs; Matt Longfellow; Chris Dressel
Subject: RE: Encroachment - 3007 Mishawaka Ave.
I see no problems on our end. Coby Deal Traffic & Lighting
From: Nateesha Jacobs <njacobs@south bend in.gov>
Sent: Wednesday, January 22, 2020 9:09 AM
To: Matt Longfellow <mlongfeI@south bendin.gov>; Chris Dressel <cdresseI@south bendin.gov>; Coby Deal
<cdeaI@south bendin.gov>
Subject: Encroachment - 3007 Mishawaka Ave.
Hello,
Please provide your recommendations.
Thanks,
fl
NatteeiPea jacco&
Administrative Assistant
�
Department of Public Works, Engineering Division
(574) 235-9197
City of South Bend
227 W. Jefferson Blvd., Suite 1316
South Bend, IN 46601
e dc ver services t11 M eirrllll':'iocll evcuyone to thrive.
I xceHr,,mx 1 to;r„arwil,abilll y 11i in"watiariil, 1 1131[wAon I I nproov;enmi"W
Nateesha Jacobs
From:
Matt Longfellow
Sent:
Thursday, January 23, 2020 10:21 AM
To:
Nateesha Jacobs
Cc:
Toy Villa; Row Permits Office; Kara Boyles
Subject:
FW: Encroachment - 3007 Mishawaka Ave.
Attachments:
1501_001.pdf
Nateesha,
Engineering has no objections to the encroachment of this proposed awning.
Regards,
Matt Longfellow
Permit Inspector
Public Works Engineering
Office: (574) 235-5929
Mobile: (574) 286-9589
mim—fe I sour be.rldll1,, qy
City of South Bend
227 W. Jefferson Blvd., Ste. 1316
South Bend, IN 46601
.t .1hty4,yk+ soqt' 2ff r4i.1my.
From: Nateesha Jacobs <njacobs@south bend in.gov>
Sent: Wednesday, January 22, 2020 9:09 AM
To: Matt Longfellow <miongfel@southbendin.gov>; Chris Dressel <cdressel@south bendin.gov>; Coby Deal
<cdeal@southbendin.gov>
Subject: Encroachment - 3007 Mishawaka Ave.
Hello,
Please provide your recommendations.
Thanks,
Natee6 ha taco&
r1
�
!
i a �V 't
Administrative Assistant
3
Department of Public Works, Engineering Division
w,
(574) 235 9197
perrhasroscn �Bb nia.9.
r,
City of South Bend
227 W. Jefferson Blvd., Suite 1316
South Bend, IN 46601
We deliver services that empower everyone to thrive.
Excellence I Accountability I Innovation I Inclusion I Empowerment
Nateesha Jacobs
From: Chris Dressel
Sent: Saturday, February 1, 2020 9:15 AM
To: Nateesha Jacobs
Subject: RE: Encroachment - 3007 Mishawaka Ave.
Recommended for approval.
Christopher D Dressel, AICP
Senior Planner
Bicycle Coordinator
Brownfields Coordinator
Census Coordinator
-- "
v
Department of Community Investment
(74) af% .
fcNi w SRC . �4h,oar), tru,t0Y
City of South Bend
227 W. Jefferson Blvd., Suite 1400S
South Bend, IN 46601
We dellliv a smvvices flihat vu°mipoweii eveyou um to tiv live
E xceIkmcii, it Aocou,AWahlIOY I Iruiiow1HIOn � Ona71V„ Ion l [Inqwvv(r i^uI�I oi'10.
From: Nateesha Jacobs
Sent: Wednesday, January 22, 2020 9:09 AM
To: Matt Longfellow <mlongfel@southbendin.gov>; Chris Dressel <cdressel@southbendin.gov>; Coby Deal
<cdeaI@south bend in.gov>
Subject: Encroachment - 3007 Mishawaka Ave.
Hello,
Please provide your recommendations.
Thanks,
Nactee it J",o&
t�
Administrative Assistant
)
Department of Public Works, Engineering Division
"
(574) 235 9197
r,v
g,
-'riJ�ta�ut��.`,ot�tR7ttc�ndht�
City of South Bend
227 W. Jefferson Blvd., Suite 1316
South Bend, IN 46601
m dellivei, services that cmi�Pcwoir everyone to thi1ivm.,
clAcnce l hr,couirrl flhilllty i VuIll ru l Iigch.lson � .'Inlmversii"uru :r'ut.