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Home My WebLink AboutEncroachment & Revocable Permit - 702 Chapin St. - North Central IN Food Bank1316 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 9, 2024 Mr. Doug Merritt North Central Indiana Food Bank 702 Chapin St. South Bend, IN 46601 dmerrittgussi gncrafters. com RE: Encroachment into Public Right -of -Way — 702 Chapin St. Dear Mr. Merritt: At its July 9, 2024 meeting, the Board of Public Works approved your request for the installation of a sign located in Right -of -Way at 702 Chapin St. This encroachment was approved subiect to the improvements not becoming a safety hazard and the Vacation of Right-of-Wav containing the signage. An application is included that will need to fill out and submitted for approval. 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 BRIANA N. MIcou � �Spi3TH B.�O W rLncu 'a 1865 INTEROFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE: June 3, 2024 TO: Kyle Ludlow, Engineering Department Derek Erquhart, Fire Department Chris Dressel, Community Investment FROM: Theresa Heffner, Clerk theffner south bend in. com SUBJECT: ENCROACHMENT RECOMMENDATION Revocable Encroachment — North Central Indiana Food Bank LOCATION: 702 Chapin 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: (T&L-Favorable) Favorable COMMUNITY INVESTMENT: Favorable recommendation — vacation of the row containing the sign would be preferred. FIRE: Favorable Recommendation - -I "' ,...: 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: North Central Indiana Food Bank Address: 702 Chapin Street City/State/Zip: South Bend, IN 46601 (574) 232-9986 Email: ENCROACHMENT INFORMATION: Location of Encroachment: 702 Chapin Street Encroachment Description: CL Road to R/W Line: 60 ft. Distance of R/W: 20 ft. Sign located in R/W (INSTALLER'S INFORMATION: Business Name: US Signcrafters, Inc. Address: 216 Lincolnway East Size of Encroachment:148" inches Amount in R/W: 148" inches City/state/Zip: Osceola, IN 46561 Phone:574.674.5055 Email: dmerritt@ussigncrafters.com Signature: Printed Name: Doug Merritt _INCLUDE THE FOLLOWING ITEMS WITH YOUR APPLICATION: 8 Photos of the area where encroachment will take place. 8 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: Printed Name of Applicant: Doug Merritt Date: 5/28/2024 _ REVOCABLE PERMIT p rRECOGNITION OF ENCROACHMENT UPON CITYOF SOUTH BEND -CONTROLLED PROPERTY N. AND PROVISIONS ALLOWING TEMPORARY CONTINUANCE OF SAME Company/Homeowner Name Doug Merritt % US sisncraners, Inc. , 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 APPLICANTthat 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. CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS ta�, Ovk Elizabeth A. Maradik, President C Q icat Submitted By: Doug Menitt Signature: Date: 5/28/2024 Joseph R. Molnar, Vice President Gary A. Gilot, Member Breana N. Micou, Member Murray L. Miller, Member Attest: Laura D. 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V 1pp= n IeF 16. Ic.1 Afad�cilOn 1.•. 5/28/2024 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. R E C E I V'F-.-0 D JUN n 1 2024 amity of 5auth Mena Dtv► of E,Tnirs VIN a�soU1Hb STREET/ALLEY VACATION APPLICATION City of South Bend -Board of Public Works U \ do \PEACE, 227 W. Jefferson Boulevard, Ste. 1316 x 1865 ' South Bend, IN 46601 Date: Name: Phone #: Email: Property Address: Applicant property information: ❑ Residential ❑ Commercial ❑ Industrial Describe the general alley location with boundaries (Ex: Church PI, between E. Colfax Ave & E. LaSalle Ave): Is your property adjacent to the alley of interest? ❑ Yes ❑ No Do you own all adjacent properties to the alley of interest? ❑ Yes ❑ No Does the existing alley provide garage access to other property owners? ❑ Yes ❑ No Does the alley receive daily traffic excluding your own use? ❑ Yes ❑ No Would the vacation hinder public access to any of the following: a church, ❑ Yes ❑ No school, or any other public building or place? Reason for street/alley vacation and proposed use: A map MUST be provided highlighting the area you would like to vacate with this application. OFFICE USE ONLY: Board Recommendation: President Member Member Member Member Attest ❑ Yes ❑ No BILL NO. ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: (TYPE INHERE THE LEGAL DESCRIPTION THAT A SURVEYOR WOULD PROVIDE) STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above described public property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following property: (TYPE INHERE THE COMPLETE LEGAL DESCRIPTION THATA SURVEYOR WOULD PROVIDE) hereby determines that it is desirable to vacate said property. SECTION II. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right-of-way, unless such rights are released by the individual utilities. SECTION III. The following property may be injuriously or beneficially affected by such vacating: (TYPE IN HERE THE LOT NUMBERS OF THE PROPERTY OWNERS THAT AB UT THE PROPERTY TO BE VACATED. YOU DO NOT NEED TO INDICATE THE NAMES AND LOT NUMBERS OF ALL PERSONS WITHIN 150- FEET - ONLY THE ABUTTING PROPERTY OWNERS) Section IV. The purpose of the vacation of the real property is (COMPLETE THE ABOVE SENTENCE INDICATING WHY YOU DESIRE TO HAVE THE PROPERTY VACATED) SECTION V. This ordinance shall be in full force and effect from and after its Passage by the Common Council and approval by the Mayor. Karen White, Council President South Bend Common Council Attest: Dawn M. Jones, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of , 2022, at o'clock . M. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the day of , 2022, at o'clock .m. James Mueller, Mayor City of South Bend, Indiana Revised September 27, 2022 OFFICE OF THE CITY CLERK BIANCA L. TIRADO, CITY CLERK PETITION TO VACATE PUBLIC RIGHTS -OF -WAY (STREETS/ALLEY) DATE: To the Common Council of the City of South Bend, Indiana. I (we), the undersigned property owner(s), petition you to vacate: 1. THE ALLEY DESCRIBED AS: 2. THE STREET DESCRIBED AS: Abutting Property Owner(s) Signatures: Name (print): Signature Address Lot Number 2. 3. INTEGRITY I SERVICE I ACCESSIBILITY Danica Kulemeka Elivet Quijada-Navarro Matthew Neal CHIEF DEPUTY/ CHIEF OF STAFF DEPUTY/ DIRECTOR OF POLICY DIRECTOR OF SPECIAL PROJECTS EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT 455 County -City Building 1 227 W. Jefferson Blvd. I South Bend, Indiana 46601 1 p. 574.235.9221 1 f. 574.235.9173 1 www.southbendin.gov 0 CITY OF SOUTH BEND I OFFICE OF THE CLERK EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT 455 County -City Building 1227 W. Jefferson Blvd. I South Bend, Indiana 46601 1 p. 574.235.9221 f. 574.235.9173 I www.southbendin.gov OFFICE OF THE CITY CLERK DAWN M. JONES, CITY CLERK ALLEY/STREET VACATION PROCEDURES OVERVIEW Procedures for the vacation of public rights -of -way are contained in Article 5, §18-53.8 of the South Bend Municipal Code. Required at the time of filing with the Office of the City Clerk are: 1. BPW Recommendation PACKETfrom the Board of Public Works 2. Petition to Vacate 3. Ordinance Draft including improvements or contingencies recommended by the Board of Public Works 4. Envelopes addressed and stamped with certified mail for all property owners within one hundred fifty feet (150') of the right-of-way to be vacated 5. Filing fee of $150.00. This fee can be submitted in cash, check, money order, Visa or Mastercard. Checks should be made payable to the City of South Bend 6. A letter briefly explaining why you are submitting a petition to vacate PROCEDURES & PROCESS STEP 1 Download and complete the Board of Public Works Alley/Street Vacation Application: Print/download application from website. When completed, visit the City's Engineering Department located on the 13th floor of the County -City Building or send the application via email to hhorvath@southbendin.gov. STEP 2 Confirm Map and Location to Be Vacated: The City Engineer's office will generate a radius map highlighting the area you wish to vacate as well as a list of addresses within 150 feet of the property. They will require your written or verbal confirmation of the correct, highlighted map area for the vacation request. Then, they will send the request to various City Departments for review. INTEGRITY1 SERVICES ACCESSIBILITY BIANCA L. TIRADO RODGER J. PINTO GABRIEL N. MUREI CHIEF DEPUTY/DIRECTOR OF OPERATIONS DEPUTY/DIRECTOR OF POLICY ORDINANCE VIOLATION CLERK EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT 455 County -City Building 1 227W. Jefferson Blvd. I South Bend, Indiana 466011 p 574.235.9221 If 574.235.9173 1 www.southbendin.gov CITY OF SOUTH BEND OFFICE OF THE CLERK Once the review is complete and comments have been returned, the request will be placed on the Board of Public Works (BPW) agenda. This process usually takes four (4) to six (6) weeks. For questions about the status of the review of your packet, call the City Engineer's office at 574-235-9251. STEP 3 Board of Public Works Meeting: The Board of Public Works meets on the second (2"d) and fourth (4th) Tuesdays of the month at 9:30am. The Board will discuss your request at its meeting and decide whether to issue a favorable or unfavorable recommendation. Following the meeting, a Recommendation Packet will be emailed to you, including a letter informing you of your "favorable" or "unfavorable" recommendation. This letter will also include any improvements or contingencies the Board recommends. For favorable recommendations, the Board will include a draft ordinance for filing with the Clerk's Office. STEP 4 Prepare Certified Mailing Envelopes: Using the list of addresses in your BPW Recommendation Packet, prepare mailing envelopes addressed to each of the adjacent property owners. The envelopes should have your name and address in the left-hand corner as the return address. These envelopes will eventually contain a public hearing notice which will be prepared and sent by the City Clerk's office. The public hearing notice will be sent via Certified Mail. Please make sure the "Certified Mail" green and white tag is affixed to the top of the envelope with the name and address of the recipient written where indicated. We do not need the hard -preen card that is sometimes used to send Return Receipt Requested Certified Mail. STEP 5 Prepare Petition to Vacate Public Rights -of -Way: Fill out and prepare the Petition to Vacate Public Rights -of -Way, which is included in the packet, or may be requested from the City Clerk's Office. This petition must be "signed" by at least one (1) abutting property owner. You do not need to secure the signatures of all property owners within one hundred fifty feet (150'). If you will be making the presentation before the Council please indicate your name, address, and phone number in the "Contact Person" area as well. STEP 6 File Petition with City Clerk's Office: Go to the Clerk's Office on the 4th Floor of the County City Building to file the following items: 1. BPW Recommendation Packet from the Board of Public Works 2. Petition to Vacate 3. Ordinance Draft including improvements or contingencies recommended by the Board of Public Works 4. Envelopes addressed and stamped with certified mail for all property owners within one hundred fifty feet (150') of the right-of-way to be vacated EXCELLENCE ACCOUNTABILITY INNOVATION I INCLUSION EMPOWERMENT 455 County -City Building 227 W. Jefferson Bvld I South Bend, Indiana 46601 p 574.235.9221 f574.235.9173 TTD574.235.5567 www.southbendin.gov 2 •CITY OF SOUTH BEND I OFFICE OF THE CLERK S. Filing fee of $150.00. This fee can be submitted in cash, check, money order, Visa or Mastercard. Checks should be made payable to the City of South Bend 6. A letter briefly explaining why you are submitting a petition to vacate The deadline for filing agenda items for any meeting is noon on the WEDNESDAY before the scheduled meeting. (see attached schedule). The Common Council meets on the 2nd and 4th Mondays of each month. STEP 7 First Reading and Setting of Public Hearing Date: After you file the Ordinance and Petition, it will be placed on the next Common Council agenda for "First Reading." You are not required to attend this meeting. At this time, the Common Council will set the matter for public hearing which will most likely be their next regular meeting. Indiana Law requires that hearings occur within thirty (30) days of receipt of the petition. At this time, the City Clerk will also send notice of the petition, along with the date and time of the hearing, by certified mail to each abutting property owner. The Clerk's office will also notify the public by publication. STEP 8 Notice of Public Hearing/Committee Meeting and Full Council Meeting: When the ordinance is placed on the next Common Council agenda, it will be listed under "Public Hearing" and "Third Reading." You will need to make a short presentation at this meeting. Also, all persons speaking in favor of or in opposition to this ordinance will be heard at this time. The bases for objection to a proposed vacation under Indiana Law are: (1) The vacation would hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. (2) The vacation would make access to the lands of the aggrieved person by means of public way difficult or inconvenient. (3) The vacation would hinder the public's access to a church, school, or other public building or place. (4) The vacation would hinder the use of a public way by the neighborhood in which it is located or to which it is contiguous. On the day of the public hearing, the petitioner will be required to attend a meeting of the Public Works and Property Vacation Committee. This Committee is composed of four (4) members of the Common Council who will review the matter and make a recommendation to the entire Council. You will be required to make a short presentation outlining why you want the right-of-way vacated. EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT 455 County -City Building I227 W. Jefferson Bvld I South Bend, Indiana 466011 p 574.235.9221 If574.235.9173 TTD574.235.5567I www.southbendin.gov 3 •CITY OF SOUTH BEND I OFFICE OF THE CLERK You will make the same presentation at the afternoon Committee meeting and the 7:00 p.m. Common Council meeting. The afternoon meeting will be held in the Common Council meeting room located in the City Clerk's office on the 4th Floor of the County -City Building. The evening meeting will be held in the Council Chambers located in the middle of the fourth floor of the County -City Building. STEP 9 Ordinance Certification Process: After approval by the Common Council and the Mayor, the Ordinance will be advertised in its entirety in the South Bend Tribune and the Tri-County News. This publication will take place on the FRIDAY of the week following the Council meeting. The vacation becomes effective thirty (30) days from the date of the publication. At that time, the City Clerk's office will certify the document and record it with the St. Joseph County Recorder. The Petitioner will receive a certified copy, as well as the County Auditor and Township Assessor. A notification is then provided to the Board of Public Works via email. (Revised 02/04/2022) EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT 455 County -City Building I227 W. Jefferson Bvld I South Bend, Indiana 466011 p 574.235.9221 If574.235.9173 TTD574.235.5567I www.southbendin.gov 4