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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 TH/hh ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT MURRAY L. MILLER BREANA N. MIcou � �Spi3TH Bz.�O w y x s 1865 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: ��►�+� .el 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 �r r iv 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 x rJ 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. W ALP L ®W ❑ aO1 P LP 1FMAG o OLP THE ATRIUM Ir M 300 S. ST LOUIS BLVD 1 O L= 5' Rear Building Setback Refuse enclosure C PP O CB Decorative Timber DO retaining wall z OLP —� 5' Rear Building Setback 0 I — 18.0' MH —HY a O 11 �, o / El 26.3, — cb Q) a� e co ss d d 15' Max. Front co �� a 12 Building Setback �--� 10 a s co a .�s ° a SMH lei ° a, e d d 4 9 cod d d CO d a a co C/J W W W co a I d 2 d a L J �` \ a s 7 a �� a a a FMAG a d SMH > d a a ° \�i n s \ MHe e a - �( \ d CO FMAG C \ d ° a Co ° V e d 3 ° v v e d. \ a ° d O M H ° C d L° d ` d \\\\ o � /-��°�/o \ hS ' `O�®W ELEC �j e e ° da \ OLP \ �Fci ft \ SCALE: 1" = 20' OKAu 0 10 20 40 C � C W � t Q N 7 O CL ) V U U U N Q Q C C = 0 p N 'O 3 C N n c C O . o a, W Zz ON z N U U O01 V ID O z Q ^ p`nm N N O L oaa 0 L 04 � O d ,.� � � N N Q 0. m O CW L O a Z _j Q Z — O H Z W ~ LU i LU Z — m O P CL =D w O U O 2 CL Z W T� i V as Z O-< W CL V W I- H W H w LU DRAWN BY: PHW DESIGNED BY: PM REVIEW: JWL QA/QC REVIEW: DATE: 12-16-2024 SEAL: SIGNATURE: DATE: SCALE: HORZ: 1" = 20' VERT: ACI JOB # 19-0582 SHEET NO. 1 of 61• T I , Yon rl I mtqwwp i Fill, 9 V'I /` p;r aY I%VY AL .Y LL It • + -r .fir - 4-��'_ _ 7 to C _ 5' Min Front ' BuddingCl— Sel6ack V f � 15' Max. Front . Building Setback+ �4,�,, S'%r �oi+1n Si )x �- cl ej n sP.� s v n ) i A c ) Oft S4 - f r, Cv - H CW C Z 0 a Z J 0 3az 0 0 LLJ W LLL z>m �_ 0 P W 0 = N x DRAWN BY, PHW Onr gomv. BMi21YiW JWL SEAL: ,AWL DATE: YA,6 HORZ: 1' = 21Y VERT: Aa JOB• 19-0582 ��of�