HomeMy WebLinkAboutEncroachment & Revocable Permit - 2205 S. Michigan St.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 28, 2023
Mr. Timothy Johnson
WJM Property Management, LLC
2205 S. Michigan St.
South Bend, IN 46613
wlmpropertymana e�kgmail.com; timnrul&gmail.com
RE: Encroachment into Public Right -of -Way — 2205 S. Michigan St.
Dear Mr. Johnson:
At its November 28, 2023 meeting, the Board of Public Works approved your request
for the installation of Aluminum Awnings above the windows at 2205 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 MURRAY L. MILLER BREANA N. MIcou
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1865
INTEROFFICE MEMORANDUM
BOARD OF PUBLIC WORKS
DATE: November 14, 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 — WJM Property Management,
LLC
LOCATION: 2205 S. Michigan 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 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
ENCROACHMENT APPLICATION
City of South Bend - Board of Public Works
227 W . Jefferson Boulevard, Ste.1316
'qWg" South Bend, IN 46601
PROPERTY OWNER INFORMATION:
Name of Business/Homeowner: WJM Property Management, LLC
Address: 2205 S. Michigan Street
City/State/Zip: South Bend, IN 46613
Phone:574-288-7368 Email: wjmpropertymanagement@gmail.com
ENCROACHMENT INFORMATION:
Location of Encroachment: Front facade above existing windows
Encroachment Description: Awning above windows 7.5' above grade 15" projection
CL Road to R/W Line: Michigan Street
Size of Encroachment:15"
Distance of R/W: 10' to sidewalk, 24' to curb Amount in R/W: 15"x92"
INSTALLER'S INFORMATION:
Business Name: Bradley Management, LLC
Address: 2205 S. Michigan Street
City/State/Zip: South Bend, IN 46613
Phone: 574-968-35 6, / Email: timnrul@gmaii.com
Signature:
Printed Name: Timothy
hnson
INCLUDE THE FOLLOWING ITEMS WITFLYOUR APPLICATION:
® Photos of the area where encroachment will take place.
9 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: 11/14/23
Printed Name of Applicant: Janell Johnson for WJM Property Management
REVOCABLE PERMIT
;vi.
RECOGNITION OF ENCROACHMENT UPON CITY OF SOUTH BEND -CONTROLLED PROPERTY
�rk AND PROVISIONS ALLOWING TEMPORARY CONTINUANCE OF SAME
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Company/Homeowner Name WJM Property Management , 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 CITYshall not be liable to APPLICANT for any damages caused to APPLICANTthat arise out of or is incidental
to any activity and/or incidences authorized bythis 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.
CITY OF SOUTH BEND, INDIANA
BOARD OF PUBLIC WORKS
k.a
Elisabeth A. Maradik, President
_9�, a-0_4._�
Gary A. Gilm, Member
7"-, A 71-,
Murray L. Miller, Member
Submitted By:
Signature:
Date:
Janell Johnson for NUS
Property Management
(NNNU�.►� `1 VIYVy1\
November 14. 2023
BOARD OF PUBLIC WORKS APPROVAL
-i�/,
Joseph R. Molnar, Vice President
Briena Mieou, Member
Attest: Theresa M. Heffner, Clerk
Date: November 28, 2023
Revised on 9.14.21
ALTERNATE HIWI
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ALUM FRAME OVER
EM NO OPENINGS
(I OF Z)
HIGH SLOPE AWNING
ON ALUM FRAME
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REPAIR OR REPLACE r STOREFRONT ODORS OVERALL FACADE ARF/. RSO SF
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COLOR BLACK
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NEW SIGNAGE, MAX SIZE
PER ZONING.
EXISTING BRICK PIER. (I OF G)
REPOINT AND CLEAN•
ALT.- PAINTED
EXISTING DOCK AND WINDOW
TO REMAIN. PAINTED,
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Sales: 855-388-9348
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