HomeMy WebLinkAboutEncroachment & Revocable Permit - 2031-2035 S. Michigan St. - Andrew Spite1316 COUNTY -CITY BUILDING
227 W. JEFFERSON BOULEVARD
SOUTH BEND, INDIANA 46601-1830
Mr. Andrew Spite
512 Autumn Ct.
Mishawaka, IN 46544
and. spy itez(&jzmail.com
PHONE 574/235-9251
FAx 574/235-9171
CITY OF SOUTH BEND TAMES MUELLER, MAYOR
BOARD OF PUBLIC WORKS
August 8, 2023
RE: Encroachment into Public Right -of -Way — 2031-2035 S. Michigan St.
Dear Mr. Spite:
At its August 8, 2023 meeting, the Board of Public Works approved your request for the
installation of a metal awning at 2031-2035 S. Michigan St. 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, please call this office at (574) 235-9251.
Sincerely,
/s/ Theresa Heffner
Theresa Heffner, Clerk
Enclosures
TH/lh
ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT ALEXANDRA DOLZ-LANE MURRAY L. MILLER
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1865
INTEROFFICE MEMORANDUM
BOARD OF PUBLIC WORKS
DATE: June 22, 2023
TO: Kyle Ludlow, Engineering Department
Zach Hurst, Engineering Department
Gerard Ellis, Fire Department
Chris Dressel, Community Investment
FROM: Theresa Heffner, Clerk theffner south bend in. com
SUBJECT:
ENCROACHMENT RECOMMENDATION
Revocable Encroachment — Andrew Spite
LOCATION: 2031-2035 S. Michigan St.
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: Recommended for approval.
FIRE: Favorable
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: 6 �dL ede, Z 74
Address: kzlf -lZ 0-4/7x,,
City/State/Zip:1,3�GyArt'
Phone: sT?Z;��'p �y�0 Email:
IENCROACHMENT INFORMATION:
Location of Encroachment: 24 37f3� s% lyh��l,�.�r11
Encroachment Description:
CL Road to RAM Line: Size of Encroachment: z/ 7�
Distance of R/W: �' Amount in R/W: J' ?
INSTALLER'S INFORMATION:
Business Name:
Address:
City/State/Zip:
Phone:
Signature:
Printed Name:
mail:
INCLUDE THE FOLLOWING ITEMS WITH YOUR APPLICATION:
RrPhotos of the area where encroachment will take place.
Z'Plans and Specifications
I�'J 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:
Printed Name of Applicant:
Al REVOCABLE PERMIT
i ?WNr RECOGNITION OF ENCROACHMENT UPON CITY OF SOUTH BEND -CONTROLLED PROPERTY
'J 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 APPLICANTfor 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.
CITY OF SOUTH BEND, INDIANA
BOARD OF PUBLIC WORKS
Elizabeth A. Maradik, President
Gary A. Gilot, Member
Murray L. Miller, Member
Submitted By: 1E?�,d/�G�✓��
Signature: 1.
Date:
Joseph R. Molnar, Vice President
Alexandra Dolz-Lane, Member
Attest: Theresa M. Heffner, Clerk
Date:
August 8, 2023
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