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HomeMy WebLinkAboutEncroachment & Revocable Permit - 1236 Edgewood Dr.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 August 13, 2024 Mr. Patrick D. Sovinski 1236 Edgewood Dr. South Bend, IN 46616 patricksovinski(c�gmail. com RE: Encroachment into Public Right -of -Way — 1236 Edgewood Dr. Dear Mr. Sovinski: At its August 13, 2024 meeting, the Board of Public Works denied your request for the installation of a carport at 1236 Edgewood Dr. 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: July 11, 2024 TO: Kyle Ludlow, Engineering Department Zach Hurst, Engineering Department Derek Erquhart, Fire Department Chris Dressel, Community Investment FROM: Theresa Heffner, Clerk theffner _south bend in. com SUBJECT: ENCROACHMENT RECOMMENDATION Revocable Encroachment — Patrick Sovinski LOCATION: 1236 Edgewood Dr. 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: Unfavorable COMMUNITY INVESTMENT: Unfavorable FIRE: Favorable — would not interfere with fire department ENCROACHMENT APPLICATION 'yCity of South Bend - Board of Public Works R'; .., 227 W . Jefferson Boulevard, Ste.1316 South Bend, IN 46601 PROPERTYOWNER INFORMATION: Name of Business/Homeowner: Pyna I Cit 10 . f v; .,; J If i Address Z 3 EdSEwca�c� ��' City/State/Zip: Sovml 9 Lib I6 i t Phone:s)Y-31q-t9?7<p Email: f#7rucle f©yi" icr C 51no-i ENCROACHMENT INFORMATION: Location of Encroachment: L 36' F d 1 rz Lze0l Art. S-r -rN �F- � •► �jl(�(� Encroachment Description: t pdf-'f — 12x 2 I n 18Y Z CL Road to R/W Line: L19 rT" o P Size of Encroachment: I z 2L x 1 v-z ��X I Distance of R/W: O PS R / %,i Amount in R/W: j INSTALLER'S INFORMATION: Business Name: '-j IA - Address: City/State/Zip: Phone: Email: Signature: Printed Name: INCLUDE THE FOLLOWING ITEMS WITH YOUR APPLICATION: C Photos of the area where encroachment will take place. 0"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. �� 10 • � � � Signature of Applicant:���� Date: i f Printed Name of Applicant: RECEIVED JUL 11 2024 "ify of bourn benu D?V rtf Pam ^ REVOCABLE PERMIT x j RECOGNITION OF ENCROACHMENT UPON CITY OF SOUTH BEND -CONTROLLED PROPERTY AND PROVISIONS ALLOWING TEMPORARY CONTINUANCE OF SAME x x 1A1-a Company/Homeowner Name �R'llZl C!< Q �SOV jn1$lChereafter, 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 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, includingthe 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 CITYfor 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 accept and agree to be bound by all of the terms and conditions of this permit. Submitted By: P41jZL�L- S V / JJial Signature: Date: BOARD OF PUBLIC WORKS APPROVAL CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS INO OR ME Elizabeth A. Maradik, President Gary A. Gilot, Member Joseph R. Molnar, Vice President Briana Micou, Member KI" ice. Murray L. Miller, Member Attest: Theresa M. Heffner, Clerk Date: August 13, 2024 CW K I A-a-E4r