The URL can be used to link to this page

Home My WebLink AboutEncroachment & Revocable Permit - 201 S. Main St. - Bald Mountain LLC1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS November 10, 2020 Mr. Richard Johnson Bald Mountain, LLC 21953 Protecta Dr. Elkhart, IN 46516 j smokeggreatlakescapital.com RE: Encroachment into Public Right -of -Way — 201 S. Main Street Dear Mr. Johnson: PHoNE 574/235-9251 FAx 574/235-9171 The Board of Public Works, at its meeting held on November 10, 2020, approved your request for the installation of a vertical blade sign on the North/East corner facade at 201 S. Main Street. This encroachment was approved subject to the improvements not becoming a safety hazard. Enclosed please End copies of the permit and application. 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, s/Linda M. Martin, Clerk Enclosure GARY A. GILOT ELIZABETH A. MARADIK THERESE J. DORAU JORDAN V. GATHERS JOSEPH R. MOLNAR INTER -OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: 10/22/2020 TO: Matt Longfellow, Division of Engineering Gerard Ellis, Fire Department Chris Dressel, Community Investment Coby Deal, Street and Sewers FROM: Linda M. Martin, Clerk ENCROACHMENT RECOMMENDATION SUBJECT: Revocable Encroachment — Burkhart Sign Systems LOCATION: 201 S. Main St. South Bend. IN 46601 DATE DUE: November 3rd, 2020 FAX OR E-MAIL TO: 235-9171 / Imartin(o)_southbend in.gov RECOMMENDATIONS AND COMMENTS: By Date REVOCABLE PERMIT ;,iiC• i tr lr� RECOGNITION OF ENCROACHMENT UPON CITY OF SOUTH BEND -CONTROLLED - PROPERTY AND PROVISIONS ALLOWING TEMPORARY CONTINUANCE OF SAME ~ ` Company/Homeowner rxr,s Name: Bald Mountain Herein, "APPLICANT". The encroachment will be permitted to remain and continue underthe 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 orwith 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 mannerbe added to or enlarged in its present scope or dimensions; 4) In the event of change of ownership of the fixture or any otheritem of personal property which constitutes the aforesa id 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 a uthorized 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 approvalshallbe 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 terns and conditions of this permit., BOARD OF PUBLIC WORKS Gary A. Gilot, President Elizabeth A. Maradik, Member Joseph R. Molnar, Member SubmittedBy: Richard Jo son Signature: Date: 10--21-2020 BOARD OF PUBLIC WORKS APPROVAL Therese J. D-, Member Jordan V. Gathers, Member ATTEST: eCInda clWarm, Linda M. Martin, Clerk November 10, 2020 Date Updated 02/18 APPLICATION TO ENCROACH ONTO PUBLIC RIGHT-OF-WAY THE BOARD OF PUBLIC WORKS MUST HAVE FOUR (4) WEEKS PRIORNOTICE PLANS AND SPECIFICATIONS MUST BE ATTACHED Date: 10-21-2020 Location of Encroachment: 201 S Main Street - 46601 PROPERTY -OWNER'S INFORMATION Business/ Homeowner Name: Bald Mountain, LLC Address: 21953 Protects Drive City/State/Zip: Elkhart, IN 46516 Phone js oke@greatlakescapital.com Signature ,,�'� ��JJ / Print Nam /e: 4 7,)Q 14K / I' 0,1/- iQ INSTALLER'S INFORMATION Business Name: Burkhart Sign Systems Address: 1247 Mishawaka Ave City/State/Zip: South Bend, IN 46615 Phone Signature Print Name: Encroachment Description: CL Road to R/W Line Distance of R/W rjohnson burkhartsigns.com Ric and Johnson YtiL7�3TF1 �. L PLEASE SEE FOLLOWING 2-PAGES Vertical Blade sign attached to NE corner facade Size of 40' - 8" (Jefferson Blvd) Encroachment 3' - 0" 83.25' (Jefferson Blvd) Amount in R/W 3' - 0" 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. BOARD OF PUBLIC WORKS APPROVAL BOARD OF PUBLIC WORKS Gmy A. GJot, President Tbemae J. Dome, Member - November 10, 2020 Date Elisabeth A. M-dik, Member Jordan V. Goths., Member p YZ ATTEST: RETURN FORM TO: �nadr CRlmmr Joseph RMolnar, Member Board of Public Works Linda M. Martin, Clerk 1316 County -City Building 227 West Jefferson Boulevard South Bend, IN 46601 Phone: (574) 235-9251 • Fax: (574) 235-9171 Barnes & Thornburg LLC 201 S. Main Street O South Bend, IN 46601 _. r._ w� LL va sr any �L&WO O F Z G h Z Z 2 w� N a' Zoned: Downtown m Q D �Lot� „„,QY„� PR�PE LI EAS W _._ _ �, r Sign 1: 3-Sided Vertical Blade �AWNWG S OTOR1' IETIIFL' II css�cE aeJeweeea E I I ' I � I r ~ • ram, -.. - 1 �.� yv t � r-r s r a +�y 10/19/2020 SIGN S157x W 1247 MWOWela AVWW - SwM Bend -46615 lI RldlerdJoftm-Cp!+ownT�:v�r m;,i 9.59:T-674-2104315 Illustrations, Engineering &/or Pricing presented here are property of Burkhart Sign Systems and are not to be shared with other companies. The value of this information is set at 50% of project cost presented. Placement & sizing on overlay drawings are for perspective only. BUILDING IS BUILT TO OBSERVED PROPERTY LINE e PROPOSED: 36" FROM PROPERTY LINE EAST 34" From Facade NORTH WEST r— 30.00" 1 _ 35.50" 30.001 - B B B A A A R R R N N N �E E Em S S S T H O R N B U R G LLP N T T H H O O R R N N B B U U, R R G G LLP LLP ■.-■ 19 ■ 1 ■ ■ 10/19/2020 ■ ® . ® ■ •SIGN SYMM 1247 Mishawaka Avenue - South Bend -46815 — RkherdJohnson -dgbmgn s.oxn-574-2104315 Illustrations, Engineering &/or Pricing presented here are property of Burkhart Sign Systems and are not to be shared with other companies. The value of this information is set at 50% of project cost presented. Placement & sizing on overlay drawings are for perspective only.