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Home My WebLink AboutEncroachment & Revocable Permit - 1145 N. Eddy St.1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 Ms. Dana Baker PHONE 574/235-9251 FAx 574/235-9171 CITY OF SOUTH BEND TAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS October 22, 2024 Hayes Design Co. 1247 Mishawaka Ave. South Bend, IN 46615 dbakerghayesdco.com; kdevossgrise-advisors.com RE: Encroachment into Public Right -of -Way — 1145 N. Eddy St. Ste. 140 Dear Ms. Baker: At its October 22, 2024 meeting, the Board of Public Works approved your request for the installation of a Blade mounted sign at 1145 N. Eddy St. Ste. 140. 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/hh ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT MURRAY L. MILLER BRIANA N. MIcou � �Spi3TH w y 1'liACli X 3i 1865 INTEROFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE: September 23, 2024 TO: Kyle Ludlow, Engineering Department Derek Erquhart, Fire Department Chris Dressel, Community Investment FROM: Theresa Heffner, Clerk SUBJECT: ENCROACHMENT RECOMMENDATION Revocable Encroachment — Jinya Ramen Bar LOCATION: 1145 N. Eddy St., Ste. 140 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. ENGINEERING: No issues with T & L, Favorable Recommendation COMMUNITY INVESTMENT: Favorable Recommendation FIRE: Favorable Recommendation ENCROACHMENT APPLICATION z City of South Bend - Board of Public Works Si `f !I - -= 227 W . Jefferson Boulevard, Ste.1316 ' South Bend, IN 46601 PROPERTY OWNER INFORMATION: Name of Business/Homeowner: Jinya Ramen Bar Address: 1145 N Eddy St STE 140 City/State/Zip: South Bend, IN 46617 Phone:260-438-8993 Email: kdevoss@rise-advisors.com ENCROACHMENT INFORMATION: Location of Encroachment: 1145 N Eddy St STE 140 Encroachment Description Blade sign to be installed CL Road to R/W Line: Napolean St Size of Encroachment: 40" � Distance of R/W: I Amount in R/W: 40" 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: Printed Na INCLUDE THE FOLLOWING ITEMS WITH YOUR APPLICATI ❑ Photos of the area where encroachment will take place. mr—unvo ❑ Plans and Specifications E"-'a 13 2024 ElCompleted Agreement AFFIRMATION `'1 bULIV11iI`I I, the undersigned do hereby certify and affirm that all the informaotio og�eP i�� i1 is` application is accurate and correct. I understand that encroachments must in noway impair the highway or free and safe flow of traffic thereon and may be revoked at any time. Signature of Applicant: �U'Uo 1 0 Date: 9-19-24 Printed Name of Applicant: Dana Baker - REVOCABLE PERMIT RECOGNITION OF ENCROACHMENT UPON CITY OF SOUTH BEND -CONTROLLED PROPERTY AND PROVISIONS ALLOWING TEMPORARY CONTINUANCE OF SAME Company/Homeowner Name Jinya Ramen ear 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 scobe 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 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 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. CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS _W� 6i� Elizabeth A. Maradik, President Gfv�-riles Gary A. Gilot, Member Murray L. Miller, Member Submitted By: Signature: Date: Dana Baker kw- y /,W" 9-t 9-24 Joseph R. Molnar, Vice President Briana Micou, Member (,,1 i/ Attest: Theresa M. Heffner, Clerk Date: October 22, 2024 36" 4", 36" T 1 Z1.75" 3" L End View Night View Blade Sign • Aluminum sign painted black • internally -illuminated, face -lit • Double -sided • Routed faces backed In white acrylic LIP _P Mounting Location This Design is the Property of Hayes Design Co. Any Reproduction or Duplicalion Without the Express Written Permission of Hayes Design Co. Is Prohibited- Please reler to actual vinyl/painter PMS colors. Colors represented in this document are close approximations of aclual sign colors. Doc ID: 8f8c8bbcfee09589f219805df8 Hayes Design Co. ZlInye South Bend Olivia Hayes �acf(a ,v�JJ 11.7app Client Approvel: _ _ Approval Pete: �faf674ed97153 I 7'"Fo •yam• ram• n � � a A arr dip • 7 r�tt � • � T ~ 4+ - -• - w A Design prepared by.- Am 0 I�PSIa r-, Client Approval: Approval Date: 36" Mounting Location 4" 36" 3" I'211 6 I� End View Night View Blade Sign • Aluminum sign painted black • internally -illuminated, face -lit • Double -sided • Routed faces backed in white acrylic O O O O 3�� 1211 5" 'W' thick aluminum 5" long redhead match plate 3" deep into brick Mounting detail L�3 Hayes Design Co. Jinya South Bend Olivia Hayes 1:8 D. Tapp Client Approval: Approval Date: 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 vinyl/paint or PMS colors. Colors represented in this document are close approximations of actual sign colors.