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HomeMy WebLinkAboutEncroachment & Revocable Permit - Directional Signs at Eddy Street Commons - KRG Eddy St. Land III, LLC  ELIZABETH A. MARADIK GARY A. GILOT JORDAN V. GATHERS JOSEPH R. MOLNAR MURRAY L. MILLER 1316 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/ 235-9251 FAX 574/ 235-9171 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS July 27, 2021 Mr. Tony Halsey KRG Eddy Street Land II, LLC 30 South Meridian St. Indianapolis, IN 46204 thalsey@kiterealty.com RE: Encroachment into Public Right-of-Way – Directional Sign at Eddy Street Commons Dear Mr. Halsey: At its July 27, 2021 meeting, the Board of Public Works approved your request for the location of directional sign D6, to be placed in the landscaping at the northeast corner of the private drive entrance to the Robinson Community Learning Center at Eddy St. If you have any further questions regarding this matter, please call this office at (574) 235-9251. Sincerely, /s/ Laura Hensley/Acting Anne Fuchs, Clerk Enclosures AF/lh INTEROFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE: TO: July 6, 2021 Matt Longfellow, Engineering Department Gerard Ellis, Fire Department Chris Dressel, Community Investment FROM: Anne Fuchs, Clerk SUBJECT: ENCROACHMENT RECOMMENDATION Revocable Encroachment – Burkhart Sign Systems LOCATION: KRG Eddy Street Land III, LLC- Directional and Kiosk signs along Eddy Street, two monument signs on Eddy Street Commons at Eddy/Angela. A multi-tenant monument sign in a utility easement south of Howard Street. PLEASE INSERT YOUR RECOMMENDATIONS IN THE APPROPRIATE FIELD BELOW, BASED ON THE FOLLOWING CRITERIA: 1. 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. 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. PUBLIC WORKS: No objections. COMMUNITY INVESTMENT: Recommended for approval. FIRE: Favorable Please read the Instructions prior to completing the Agreement Form INSTRUCTIONS ENCROACHMENT 1. Application must be filled out completely. 2. A picture of the area where the encroachment will take place must be attached. 3. Describe the encroachment, such as canopy, banner, planter, underground utilities, sign, etc. 4. Plans and specifications must be attached 5. The application and attachments must be received FOUR (4) WEEKS in advance 6. Signature is required, along with legible printed name 7. Return Application to: Board of Public Works 227 West Jefferson 1316 County-City Building South Bend, Indiana 46601 (574) 235-9251 Fax: (574) 235-9171 Updated 02/18 REVOCABLE PERMIT RECOGNITION OF ENCROACHMENT UPON CITY OF SOUTH BEND-CONTROLLED PROPERTY AND PROVISIONS ALLOWING TEMPORARY CONTINUANCE OF SAME Company/Homeowner Name: KRG Eddy Street Land III, LLC Tony Halsey 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 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: Tony Halsey Signature: Date: 6/30/2021 BOARD OF PUBLIC WORKS APPROVAL President Member Member 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 ● Fax: (574) 235-9171 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: 6/30/21 Location of Encroachment: Various locations on Eddy Street and in a municipal utility easement south of Howard Street PROPERTY-OWNER’S INFORMATION Business/ Homeowner Name: KRG Eddy Street Land III, LLC Address: 30 South Meridian Street City/State/Zip: Indianapolis, IN Phone 317-713-5653 Email thalsey@kiterealty.com Signature Print Name: Tony Halsey INSTALLER’S INFORMATION Business Name: Burkhart Sign Systems Address: 1247 W. Mishawaka Avenue City/State/Zip: South Bend, IN 46615 Phone 574-234-4444 Email rjohnson@burkhartsigns.com Signature Print Name: Richard Johnson Encroachment Description: Directional sign D6 approved at 5/25/21 BPW meeting, we would like to install this sign ½ block south of original location at the drive entrance to the Robinson Center. CL Road to R/W Line Varies. See plan sheets and request letter Size of Encroachment Approximately 2’ pole base Distance of R/W Varies. See plan sheets and request letter Amount in R/W Approximately 7’ into the east side of R/W. See attached plans 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 The sign is consistent with other signs throughout Eddy Street Commons. This specific spot is to provide directions to motorists looking for the Robinson Center, as the entrance is on the back side of the building and hidden from street view. 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 President Member Member Member Member Date SEE ATTACHED PLANS RETURN FORM TO: Board of Public Works 1316 County-City Building 227 West Jefferson Boulevard South Bend, IN 46601 Phone: (574) 235-9251 ● Fax: (574) 235-9171 Page 1 of 2 July 2, 2021 City of South Bend Board of Public Works 227 West Jefferson 1316 County-City Building South Bend, Indiana 46601 Re: Eddy Street Commons Signage Refresh – Placement Revision for Directional Sign D6 To Whom It May Concern: Kite Realty Group would like to take this opportunity to kindly request a placement revision for a single Directional Sign (D6) within the Eddy Street Commons signage refresh program that was previously approved by the Board of Public Works. We apologize that this location was not identified in the original proposal, however, new information has been learned since the submittal and we greatly appreciate your time and consideration of this revision. Directional Sign D6 was originally proposed for the southeast corner of Eddy St. and St. Vincent St., and we kindly request the location of D6 be changed to the east side of Eddy Street, just north of the entrance drive to the Robinson Community Learning Center (placement map and reference photo attached). In keeping consistent with the Eddy Street Commons PUD, the newly proposed location is located within the Eddy Street Right-of- Way. Page 2 of 2 The rationale for the placement change request is as follows: 1.Robinson Community Learning Center Wayfinding – The Robinson Center has communicated that additional guidance to the RCLC entrance would be helpful. Shifting Directional Sign D6 to the newly proposed location would bring increased attention to entrance. 2.Safety & Traffic Flow – with the addition of Trader Joe’s/Phase III, an increased number of cars will be entering Eddy Street Commons from the south end of Eddy Street. Shifting Directional Sign D6 further south to the proposed location will allow drivers to receive directional information sooner after entry onto Eddy Street, therefore providing clearer messaging, reducing confusion and driving inconsistency, and generating a safer and more consistent traffic flow. In conjunction with the above, Kite Realty Group would like to formally request approval from the Board of Public Works for the sign placement shift. Please find attached with this letter a site plan visually showing the newly proposed location for Directional Sign D6, the relevant intersection sight triangle, a reference photo for placement, and a request of placement from the Robinson Community Learning Center. We greatly appreciate you taking the time to revisit the directional sign placement. Thank you very much for your consideration of this request. Please feel free to contact me with any questions or concerns. Sincerely, Tony Halsey Kite Realty Group South Addition 06/29/2021 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. - Position Revised from Encroachment Application NORTHROBINSON CENTER PARKING-ENTRANCE 9’ CLEARANCE BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 7/6/2021 Department Engineering Name Sue Ellen Doudrick Phone Extension BPW Date 7/27/2021 Phone Extension - Review and Approval Required Prior to Submittal to Board Diversity Compliance and Inclusion Officer Officer Name BPW Attorney Attorney Name Clara McDaniels Dept. Attorney Attorney Name Purchasing Check the Appropriate Item Type – Required for All 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. Resolution Chg. Order, No. Traffic Control Ease./Encroach Other: Required Information Company or Vendor Name Kite Realty Group New Vendor Yes If Yes, Approved by Purchasing No C MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name Eddy Street Phase II Project Number DP17-005 Funding Source Account No. Amount Terms of Contract Purpose/Description Kite Realty Group requests an encroachment for an additional directional sign to be placed in the landscaping at the northeast corner of the private drive entrance (to Robinson Center) and Eddy Street. For Change Orders Only Amount of Increase Decrease $ ($ ) Previous Amount $ Current Percent of Change: Increase Decrease % ( %) New Amount $ Total Percent of Change: Increase Decrease % ( %) Time Extension Amount: New Completion Date: