The URL can be used to link to this page

Home My WebLink AboutEncroachment & Revocable Permit - 1923 Lincolnway W - New Vision Baptist Church1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 Ms. Bettie Williams PHONE 574/235-9251 FAx 574/235-9171 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS July 23, 2024 Greater New Vision Missionary Baptist Church Inc. 1923 Lincolnway West South Bend, IN 46628 kidzkompanyinc(a,,aol.com; customawnin_ig nckyahoo.com RE: Encroachment into Public Right -of -Way — 1923 Lincolnway West Dear Ms. Williams: At its July 23, 2024 meeting, the Board of Public Works approved your request for the installation of canvas awnings at 1923 Lincolnway West. 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 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 — Greater New Vision Missionary Baptist Church Inc. LOCATION: 1923 Lincolnway West 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 FIRE: Favorable Recommendation ENCROACHMENT APPLICATION `n City of South Bend - Board of Public Works yJ 227 W . Jefferson Boulevard, Ste.1316 South Bend, IN 46601 PROPERTY OWNER INFORMATION: Name of Business/Homeowner: Greater New Vision Missionary Baptist Church Inc Address: 1923 Lincolnway West City/State/Zip: South Bend, IN 46628 Phone:574-532-8724 Email: kidzkompanyinc@aol.com ENCROACHMENT INFORMATION: 71 Location of Encroachment: 1923 Lincolnway West Encroachment Description: Canvas awnings CL Road to R/W Line: Size of Encroachment: 3' and 4' Distance of R/W: 54' Amount in R/W: T and 4' INSTALLER'S INFORMATION: Business Name: Custom Awning Address: 1251 Third Street Citv/State/Zia: Osceola, Indiana 46561 Phone:574-674-5900 Email: customawninginc@yahoo.com Signature: Printed Name: Jacqueline Beals INCLUDE THE FOLLOWING ITEMS WITH YOUR APPLICATION: ® Photos of the area where encroachment will take place. 8 Plans and Specifications B 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 safeftw of trVic.ergpn and maybe revoked at anytime. #!jSignature of Applicant - Dategoh d 1 ^ -3 - Y Printed Name of Applicant: �� REVOCABLE PERMIT l� RECOGNITION OF ENCROACHMENT UPON CITY OF SOUTH BEND -CONTROLLED PROPERTY �� -•' _PEACE-' AND PROVISIONS ALLOWING TEMPORARY CONTINUANCE OF SAME lli� k Company/Homeowner Name Greater New Vision Missionary Baptist church _ , 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 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, 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. Submitted Byv�J/��1J Signature: CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS 1*4�(4 Elizabeth A. Maradik, President Gary A. Gilot, Member . Murray L. Miller, Member Date: 1 _a3 Joseph R. Molnar, Vice President Briana,(MMiicou, Member �'% Attest: Theresa M. Heffner, Clerk Date: July 23, 2024 .._ 7 o _ s r -• t4-kit. �r �� -� �- b � 4 ■ I � 1 in ace SIq'Q� ra + �_ 1 iy' C4r6 „ r .1 This is an original design and Date Drawn By property of Custom Awning and Greater New Vision Church may not be reproduced in whole 4/24/24 r> or in part without the written 1251 Third Street, Osceola, IN 46561 South Bend, IN — consent from Custom Awning. eknuway �.r} 0i Southside East Door , i o u" , 48" 48" Southside West Door 80" 36" 36" L.tt A Right Sid-, th..- I" won I. o 7 r n .IM5 .� flety A,,vn1n g This is an original design and may not be reproduced in whole DrawnGreater New Vision Church Date y property of Custom Awning and c South Bend IN 4/25/24 or in part without the written 1251 Third Street, Osceola, IN 46561 consent from Custom Awning.