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Home My WebLink AboutEncroachment & Revocable Permit - 1007 Portage Ave.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 TAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS November 28, 2023 Mr. Douglas Beals Near Northwest Neighborhood, Inc. 1007 Portage Ave. South Bend, IN 46616 nnndirectorknearnorthwest.org; customawninginckyahoo.com RE: Encroachment into Public Right -of -Way — 1007 Portage Ave., South Side Dear Mr. Beals: At its November 28, 2023 meeting, the Board of Public Works approved your request for the installation of canvas awnings on the 1" floor at 1007 Portage Ave., South side. 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 MURRAY L. MILLER BREANA N. MIcou � �Spi3TH B.�O W rLncu 'a 1865 INTEROFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE: October 30, 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 — Near Northwest Neighborhood, Inc. LOCATION: 1007 Portage Ave. PLEASE INSERT YOUR RECOMMENDATIONS IN THE APPROPRIATE FIELD BELOW, BASED ON THE FOLLOWING CRITERIA: 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 anyway prejudice or preclude the City's rights with respect to the future use of the portion of the right-of-way. PUBLIC WORKS: (Recommendation provided after consulting with Streets Department — Coby Deal) Favorable COMMUNITY INVESTMENT: Favorable FIRE: Favorable C ENCROACHMENT APPLICATION � City of South Bend - Board of Public Works `j 227 W . Jefferson Boulevard, Ste. 1316 South Bend, IN 46601 (PROPERTY OWNER INFORMATION: Name of Business/Homeowner: Near Northwest Neighborhood, Inc Address: 1007 Portage Ave City/State/Zip: South Bend, IN 46616 Phone: 574-232-9182 Email: nnndirector@nearnorthwest.org ENCROACHMENT INFORMATION: Location of Encroachment: 1005 Portage Ave (south side) Encroachment Description: Canvas Awnings on first floor commercial windows CL Road to RIW Line: —25 feet Distance of RIW: 19 ft total INSTALLER'S INFORMATION: Business Name: Custom Awning of South Bend Address: 1251 West Third Street Size of Encroachment: 36-42" Amount in R/W: 36-42" City/State/Zip: Osceola, IN 46561 Phone:574-674-5900 Email: customawninginc@yahoo.com Signature: Printed Name: Douglas Beals INCLUDE THE FOLLOWING ITEMS WITH YOUR APPLICATION: 8 Photos of the area where encroachment will tame place. 8 Plans and Specifications 51 Completed Agreement AFFIRMATION I, the undersigned do hereby certify and affirm that all the information given in this application is accurate and correct. I u derstand that encroachments must in no way impair the highway or free and safe fydwic thereon and may be revoked at any time. Signature of Applicant Printed Name of Applicant: th, Executive Director Date. 10/30/23 REVOCABLE PERMIT RECOGNITION OF ENCROACHMENT UPON CITY OF SOUTH BEND -CONTROLLED PROPERTY x� AND PROVISIONS ALLOWING TEMPORARY CONTINUANCE OF SAME Company/Homeowner Name Naar Northwest Neighborhood.lnc. , hereafter, the "APPLICANT." The encroachment will be permitted to remain and continue under the following terms and conditions: 11 Until such time as the BOARD OF PUBLfC WORKS ("BOARD") of the CITY OF SOUTH BEND ("CITY`y 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; 21 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; 41 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; ril 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, incIudingdeath, 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 mannercon nected 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 fulIestextent 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. CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS ta�6k Elizabeth A. Maradik, President Gary A. Gilot, Member 7,2—,y /_ 71--*' Murray L. Miller, Member Submitted By: Signature; Date: 1�ozf 1 Joseph R. Molnar, Vice President — _ Briana Mirm,, Member t Attest: Theresa M. Heffner, Clerk Date: November 28, 2023 Revised on 9.14,21 AWrr�r�� rr�lne8 fir@ 98 set @ 8`. Awnings have an 3"- vaiar�� 1�1w the 8` rM1a1f;S, Awning Idea: .f South Bend Near Northwest Neighborhood Inc. 1251 Third Street, Osceola, IN 46561 South Bend, IN 7 1007 Portage Ave. South Bernd) 11\J ti r ry 01Y 1073-3091 t I l os AK New Awning Locations 'awning Recovers) L�c�rr]r�ns T C {1 fi Drawn B This is an original design and Date Y property of Custom Awning and T may not be reproduced in whole 10/2/23 1 or in part without the written consent from Custom Awning.