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Home My WebLink AboutEncroachment & Revocable Permit - Maple, Portage, Laurel Creek, Brick - Field Pointe1316 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 Ms. Dana Baker Field Pointe Subdivision 3217 Stone Briar Dr. South Bend, IN 46628 tonyandcarriegcomcast.net; dbakerghayesdco.com RE: Encroachment into Public Right -of -Way — Intersections at Maple Rd. & Portage Ave. and Laurel Creek Dr. & Brick Rd. Dear Ms. Baker: At its August 13, 2024 meeting, the Board of Public Works approved your request for the replacement of the existing signs for the subdivision at the intersections at Maple Rd. & Portage Ave. and Laurel Creek Dr. & Brick Rd. 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: 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 — Field Point Subdivision LOCATION: 3217 Stone Briar 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: (Traffic and Lighting -Favorable) Favorable COMMUNITY INVESTMENT: Favorable FIRE: Favorable 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: Field Point Subdivision Address: 3217 Stone Briar Dr City/State/Zip: South Bend, IN 46628 Phone:574-210-6923 Email: tonyandcarrie@comcast.net ENCROACHMENT INFORMATION: Location of Encroachment: Intersections of Maple Rd & Portage Ave and Laural Creek Dr & Brick Rd Encroachment Description: Replacement of existing signs for Field Point Subdivision Laurel Creek DR & Brick Rd / Maple Rd & Portage Ave 9g" CL Road to R/W Line: Size of Encroachment: Distance of R/W: 15-20' Amount in R/W: 96" INSTALLER'S INFORMATION: Business Name: Hayes Design Co Address: 1247 Mishawaka Ave City/State/Zip: South Bend, IN 46615 Phone:574-236-5615 Email: dbaker@hayesdco.com Signature: �"� fiu—a&�? Printed Name: Dana Baker INCLUDE THE FOLLOWING ITEMS WITH YOUR APPLICATION: ❑ Photos of the area where encroachment will take place. ❑ 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: irit�I��licant: Dana Baker �' JUL 11 2024 City Ot South bend Dtv. of Emwieetl9 REVOCABLE PERMIT RECOGNITION OF ENCROACHMENT UPON CITY OF SOUTH BEND -CONTROLLED PROPERTY AND PROVISIONS ALLOWING TEMPORARY CONTINUANCE OF SAME Company/Homeowner Name Field Pointe Subdivision , 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 toAPPLICANTfor anydamages caused toAPPLICANTthat 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, 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. CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS ,*A�l 01&� Elizabeth A. Maradik, President _5Q-,Jee;A_t Gary A. Gilot, Member Submitted By: Dana Baker Signature: Date: 7-3-24 Joseph R. Molnar, Vice President cam, Briana Micou, Member Murray L. Miller, Member Attest: Theresa M. Heffner, Clerk Date: August 13,2024 a _T 48" 84" 42" *a ef{e 961' Post & Panel -Two (2) identical signs • ACM faces, non-iluminated • Single -sided • Digitally printed graphics (UV Ink & Varnish) • 2"x 2" square aluminum posts painted black Hayes Design Co. Reid Point. South Bend Austin Smith i S:S6 �0.r�_ OPP I alent Approval; -- Approval D.te: This Design is the Property of Hayes Design Co. Any Reproduction or Duplication Without the Express Written Permission of Hayes Design Co. Is Prohibited. Please refer to actual vinyllpaint or PMS colors. 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