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HomeMy WebLinkAboutEncroachment & Revocable Permit - 315 W. Jefferson - Cressy Commercial Real Estate  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 November 23, 2021 Ms. Shannon Reidenbach Cressy Commercial Real Estate 4100 Edison Lakes Pkwy., Suite 350 Mishawaka, IN 46545 sreidenbach@cressy.com RE: Encroachment into Public Right-of-Way – 315 W. Jefferson Blvd. Dear Ms. Reidenbach: At its November 23, 2021 meeting, the Board of Public Works approved your request for the installation of awnings above the doors at 315 W. Jefferson Blvd. This encroachment was approved subject to the improvements not becoming a safety hazard. Enclosed please find 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/ Laura Hensley/Acting Clerk Enclosures INTEROFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE: TO: October 18, 2021 Zach Hurst, Engineering Department Gerard Ellis, Fire Department Chris Dressel, Community Investment FROM: Anne Fuchs, Clerk SUBJECT: ENCROACHMENT RECOMMENDATION Revocable Encroachment – Cressy Commercial Real Estate LOCATION: 315 West Jefferson Blvd. 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: Favorable COMMUNITY INVESTMENT : Favorable Recommendation FIRE: Favorable ENCROACHMENT APPLICATION INSTRUCTIONS City of South Bend – Board of Public Works 227 W. Jefferson Blvd., Ste. 1316 South Bend, IN 46601 Dear Resident or Business: Thank you for your interest in applying for permission to encroach upon the City’s right-of- way. An encroachment occurs when a neighbor builds something on or overhanging another neighbor’s property. Encroachments on City property can occur when a resident or business owner builds a canopy, signage, awnings, brick mailboxes, planters, and more on City streets, sidewalks, or other City property. All encroachments upon the City’s right-of-way must be approved by the Board of Public Works. PROCESS Once your application is received, it will be reviewed by City personnel and presented at a City of South Bend Board of Public Works meeting for approval. Upon approval, a signed copy of your permit and agreement will be emailed or mailed to you. Note: The encroachment review and approval process can take four to six (4-6) weeks, depending on the complexity of the request. Permits may be revoked at any time. APPLICATION CHECKLIST Below is a checklist of items that must be included with your submission: Completed and signed Encroachment Application Photos of the area where the encroachment will take place. Complete description of the encroachment (i.e. canopy, banner, planter, underground utilities, signage, etc.) Plans and Specifications Signature and Legal Name Signed Revocable Permit Completed applications should be mailed or delivered to: City of South Bend – Board of Public Works 227 W. Jefferson Blvd. Ste. 1316 South Bend, Indiana 46601 QUESTIONS The City of South Bend looks forward to working with you! If you have any questions, contact City Engineering at 574.235.9251. ENCROACHMENT APPLICATION City of South Bend – Board of Public Works 227 W . Jefferson Boulevard, Ste. 1316 South Bend, IN 46601 PROPERTY OWNER INFORMATION: Name of Business/Homeowner: ______________________________________________________________ Address: _______________________________________________________________________________________ City/State/Zip: _________________________________________________________________________________ Phone:______________________________ Email: ____________________________________________________ ENCROACHMENT INFORMATION: Location of Encroachment: ___________________________________________________________________ Encroachment Description: ___________________________________________________________________ CL Road to R/W Line: _________________________________ Size of Encroachment:________________ Distance of R/W: _____________________________________ Amount in R/W: ______________________ INSTALLER'S INFORMATION: Business Name: ________________________________________________________________________________ Address: _______________________________________________________________________________________ City/State/Zip: _________________________________________________________________________________ Phone:______________________________ Email: ____________________________________________________ Signature: ____Shannon Reidenbach __________________________________________________________________________________ Printed Name: _________________________________________________________________________________ INCLUDE THE FOLLOWING ITEMS WITH YOUR APPLICATION: Photos of the area where encroachment will take place. Plans and Specifications Completed Agreement AFFIRMATION I, the undersigned do hereby certify and affirm that all the information given in this application is accurate and correct. I understand that encroachments must in no way impair the highway or free and safe flow of traffic thereon and may be revoked at any time. Signature of Applicant: Date: Printed Name of Applicant: ____________________________________________________________________ REVOCABLE PERMIT RECOGNITION OF ENCROACHMENT UPON CITY OF SOUTH BEND-CONTROLLED PROPERTY AND PROVISIONS ALLOWING TEMPORARY CONTINUANCE OF SAME Company/Homeowner Name _____________________________________________ , hereafter, the “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. 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: Signature: Date: President Member Member Member Member Attest Revised on 9.14.21 November 23, 2021 44 1 A4.0 1 A4.0 12'4'-10"12'4'-10"AWNING STEEL SUPPORT CAN LIGHTAWNING STEEL SUPPORT CAN LIGHT BOTTOM OF AWNING TO BE 10'-0" ABOVE SIDEWALK AWNING INSTALLATION315 WEST JEFFERSON BLVD.SOUTH BEND, IN 466019/22/2021 4100 EDISON LAKES PARKWAY SUITE 350 MISHAWAKA, INDIANA 46545 PH. 574.271.4060 WWW.CRESSY.COM SHEET NUMBER: SHEET NAME: DATE: FOR CONSTRUCTION AWNING PLAN SCALE: 1/8" = 1'-0"A1.0 AWNING PLAN & DETAILS Date: 10/13/2021 Zoning: NC Address: 315 JEFFERSON BLVD Project: 315 Jefferson Blvd Awning Owner: JEFFERSON 315 LLC Architectural Engineer: Cressey Phone: (574)485-1532 Email: sreidenbach@cressy.com Plan Review Project Type: Awning Notes: Inspector: ZLute Signature: 10/14/2021 No issues at this time. Building Department Structural Ye s Released? Notes: Inspector: MWrit Signature: 10/15/2021 N/A HVAC Ye s Released? Notes: Inspector: rspitael Signature: 10/14/21 All wiring to be done to code. Electrical Ye s Released? Notes: Inspector: BStigner Signature: 10-14-2021 N/A Plumbing Ye s Released? Notes: Inspector: JFleming Signature: 11/13/21 N/A Fire Department Ye s Released? Notes: Inspector: CBrach Signature: 10/15/2021 - An Encroachment Permit will need to be done through the Board of Public Works. Engineering Ye s Released? Notes: Inspector: Angela Smith Signature: 10/13/21 - Encroachment from BPW required. Zoning Ye s Released?