HomeMy WebLinkAboutEncroachment and Revocable Permit - W. side of St. Peter & 40'N. of Northside Blvd.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 JAMES MUELLER, MAYOR
BOARD OF PUBLIC WORKS
February 11, 2025
Mr. Jim Sieradzki
River Walk, LLC
314 Catalpa Drive, Suite E
Mishawaka, IN 46545
j imgcengncustombuilders . com
RE: Encroachment into Public Right -of -Way — River Walk, LLC
Dear Mr. Sieradzki:
At its February 11, 2025 meeting, the Board of Public Works approved your request for
the installation of stairs, retaining walls, and storm pipes at W. Side of St. Peter St. & 40' of
Northside Blvd. 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
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ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT MURRAY L. MILLER BREANA N. MIcou
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INTEROFFICE MEMORANDUM
BOARD OF PUBLIC WORKS
DATE: October 29, 2024
TO: Kyle Ludlow, Engineering Department
Derek Erquhart, Fire Department
Chris Dressel, Community Investment
FROM: Theresa Heffner, Clerk theffner(a-southbend in. com
SUBJECT: Encroachment — River Walk, LLC - Stairs,
Retaining Wall and Storm Pipe
W. Side of St. Peter & 40' N. of Northside
LOCATION: Blvd.
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: Favorable recommendation
Traffic & Lighting will not have a recommendation, not our specialty
COMMUNITY INVESTMENT: Favorable Recommendation
FIRE: Favorable Recommendation
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: River Walk, LLC.
Address: 314 Catalpa Suite E
City/State/Zip: Mishawaka, In 46545
Phone: 574-286-6118
Email: Jim@centurycustombuilders.com
ENCROACHMENT INFORMATION:
Location of Encroachment:
W. side of St. Peter & 40' N. of Northside Blvd,
Encroachment Description: Vortex Seperator 6' E. of lot/ROW line+ Noc-Ftir+ dC ie 5..4 pr^oP�r4
CL Road to R/W Line: 35 Size of Encroachment: 11' in ROW See o•*h- 1
r +o 7. S
Distance of R/W:
INSTALLER'S INFORMATION:
Business Name: CC n 4-V Qstu eff
Amount in R/W: 6
Address: V_O MkAk :164e VME_e VAYk. 611 N . 1; i�il�_._ I nA Jyt % +-Ir, I—
City/State/Zip: tAi StAC1 jCAk-,0%
Phone:57-11—
Signature:
Printed Name:
Email: ��►�+�
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I�LUDE THE 9bLLOWING ITEMS WITH YOUR APPLICATION: __1
111 Photos of the area where encroachment will take place.
0 Plans and Specifications
0 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 encro ments must in no way impair
the hiRhwav or free ands e fl of traffic thereon and rKav Ve revoked at anytime.
Signature of Applicant:—'
Printed Name of Applica
Riverwalk, LLC (James "Jim" S
Date: w Z(" ~ Z0
REVOCABLE PERMIT
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RECOGNITION OF ENCROACHMENT UPON CITY OF SOUTH BEND -CONTROLLED PROPERTY
•'„�_r�''� :,' AND PROVISIONS ALLOWING TEMPORARY CONTINUANCE OF SAME
Company/Homeowner Name Riverwalk, LLC (James "Jim" Sieradzki) 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 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, 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.
Submitted By: Abonmar he Co uitants, c (Chris Godlewski)
Signature: Date: of Ly
CITY OF SOUTH BEND, INDIANA
BOARD OF PUBLIC WORKS
-U� wt, 1,�2_rn
Elizabeth A. Maradik, President Joseph R. Molnar, Vice President
Gary A. Gilot, Member Breana Micou, Member
Murray L. Miller, Member Attest: Theresa M. Heffner, Clerk
Date: February I I, 2o2s Revised on 9.14.21
ENCROACHMENT APPLICATION INSTRUCTIONS
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City of South Bend - Board of Public Works
_ ; w 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, itwill 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.
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