The URL can be used to link to this page

Home My WebLink About#2437- Deed; GRANT OF EASEMENT Install Planter in the City Sidewalk,LaSalle Grill1ww. 2437 Grat of Easement 115 West Colfax Avenue South Bend, Indiana 46601 Mark McDonnell ),451 C!i � 9921550 — -n,nb ^? GRANT OF EASE�T c '�� w )_ INSTALLATION OF PLANTER IN FRONT OF LASALLE GRIT j ' ENCROACHMENT OF PUBLIC RIGHT-OF-WAY � p�' Ln THIS GRANT OF EASEMENT made this day of , 1999, by the City of South Bend, Indiana, through its Board of Public Works (Granto , in favor of LaSalle Grill, by and through its owner Mark McDonnell, its successors and assigns (Grantee). WITNESSETH THAT: WHEREAS, LaSalle Grill owns certain real estate located at 115 W. Colfax Avenue in the City of South Bend, Indiana; and wifEREAs, the installation ofa pleuitcr will encroach the public right-of-way; and WHEREAS, the Board of Public Works desires to grant rights of easement for the purposes described herein, inasmuch as it presently appears such encroachment and grant of easement will not interfere with the free and safe flow of traffic on such public way. NOW, THEREFORE, for and in consideration of the foregoing, of the agreements and covenants herein contained and other good and valuable consideration given by each party hereto unto the others, the receipt of sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Grant of Easement. The Board of Public Works of the City of South Bend does hereby grant to LaSalle Grill, its successors and assigns, an exclusive right, privilege and easement for its planter in the City of South Bend, Indiana, on the building located on 115 W. Colfax Avenue, more particularly described as follows: Beginning at the south/east corner of the building; thence south along the east building wall extended, a distance of 8.77 feet; thence west 63 feet; thence north 90 degrees 8.77 feet; thence 63 feet east along the south building line to the point of beginning. 2. Appurtenant. The easement granted herein shall benefit and be appurtenant to LaSalle Grill . 3. . The Board of Public Works reserves the right to revoke this easement at any time should it determine the planter presents a safety hazard to the public, the full use of the right-of-way at this location is required, or the planter becomes an eye -sore. If the Board of Public Works so determines, it may take action to revoke this easement at any regularly scheduled Board meeting, and such easement shall thereafter be vacated. 4. Indemnification. LaSalle Grill agrees to indemnify, defend and hold harmless the City of South Bend, Indiana, its agents and employees, from any claim, suit, cause of action or loss of any kind, including attorney's fees, arising from the use of the public right-of-way by Grantee as permitted by this Grant of Easement. GRANTEE: LASALLE GRILL r 9 By: Mark McD I sell Owner, La lie Grill GRANTOR: CITY OF SOUTH BEND BOARD OF PUBLIC WORKS f Lewis N. Powell M. Catherine Roemer T ST: Angela K. J b, Clerk STATE OF INDIANA ) SS: ST. JOSEPH COUNTY ) Before me, the undersigned, a Notary Public in and for St. Joseph County, Indiana, personally appeared Lewis N. Powell, James Caldwell and M. Catherine Roemer, personally known by me to be members of the Board of Public Works of the City of South Bend, Indiana, and acknowledged the execution of this Grant of Easement as their voluntary act or deed. WITNESS Wray hand and Notarial Seal this I,3+n day of { , 1999. lcnD Nota ublic A resident of St. Joseph County, IN a STATE OF INDIANA } SS: ST. JOSEPH COUNTY ) Before me, the undersigned, a Notary Public in and for St. Joseph County, Indiana, personally appeared Mark McDonnell, personally known by me to be the owner LaSalle Grill of South Bend, Indiana, and acknowledged the execution of this Grant of Easement as their voluntary act or deed. y'1) WITNESS my hand and Notarial Seal this / day of 'hLa cl , 1999. Awu� 9. &4 iC i;t/[v1 A Cl ,e j /&0 , Notary Public A resident of St. Joseph County, IN res: C "1-#$iis:;�}1�5truzr %vas prepared by Michelle L. Engel, Assistant City Attorney, 1400 County -City Building, South Bend, 9921550 S arit¢d Acreture crow Me Drop xey Af PIP' 04,'�?t? '.'Uard of '�r rlir. Ll' UrG. Ms. Angie Jacob Board of Public Works County City Building Room 1308 Dear Ms. Jacob: I spoke with Larry Spradlin this Spring about the installation of a planter in front of the LaSalle Grill. He told me to contact you with this request. I have been working with Mark McDonnell of the LaSalle Grill on an idea for a planter in front of the restaurant. Mr. McDonnell has approved my design and would like to go ahead with installation as soon as possible. The planter will be constructed of a precast concrete wall system with a capstone. The design, style and color of this wall system will enhance the building and add beautification of the city. have enclosed the plan for the planter and a brochure page that shows the wall systern -- If you have any questions, please call me at 291-2568. Sincerely, David E. Hoath cc: Mask McDonnell 5210 Canton Street West • South Bend, Indiana 46614 • (219) 291-2568 LEGAL DESCRIPTION FOR ENCROACHMENT OF PLANTER IN THE CITY SIDEWALK LASALLE GRILL 115 W. COLFAX AVENUE Beginning at the south/east corner of the building; thence south along the east building wall extended, a distance of 8.77 feet; thence west 63 feet; thence north 90 degrees 8.77 feet; thence 63 feet east along the south building line to the point of beginning. I. BOARD OF PUBLIC WORKS INTER -OFFICE MEMORANDUM TO: 4a S dlin, Division of Engineering rry ra P g Chief Luther Taylor, Fire Department Michelle Engel, Assistant City Attorney Don Fozo, Building Department FROM: Angela K. Jacob, Clerk RE: Request to Encroach onto Public Right of Way DATE: July 14, 1998 The Board of Public Works has received the following. I would appreciate your reviewing this matter and providing to the Board a recommendation no later than July 22, 1998. You may fax your response to me at 235-9171. Thank you. REQUEST: LOCATION: CONTACT PERSON: Landesign To install a planter 115 W. Colfax, LaSalle Grille David Hoath 291-2568 RECOMMENDATIONS AND COMMENTS: s; Attachment 07i'15/98 IPED 03:19 FAX 2192359305 SOUTH BEND FIRE Q 001 BQARD QF PUBLIC WORK INTER OFFICE ORAND[� TO. Spradlin, Division of Engineering &ef Luther Taylor, Fire Department Mchelle Engel, Assistant City Attorney Don Fozo, Building Department FROM: Angela K. Jacob, Clerk' RE- Request to Encroach onto Public Right of Way DATE: July 14, 1998 it , ert Ems. The Board of Public Works has received the following. I would appreciate your reviewing this matter and providing to the Board a recommendation no later than July 22, 1998. You may fax your response tome at 235-9171. Thank you. REQUEST: Landesign To install a planter LOCATION: 115 W. Colfax LaSalle Grille CONTACT PERSON: David Hoath 291-2568 RECOMMENDATIONS AND COMMENTS: sS 76 BY: �i R DATE: i S-77 Attachment JUL-23'98 10:57 FROM:ST JOS SO BLDG DEPT 2192355541 TO:2192359171 BOARD OF PUBW WORKS INTER-FF�E_ MEMORA NDUM TO: Larry Spradlin, Division of Engineering C 'ef Luther Taylor, Fire Department chefle Engel, Assistant City Attorney on Fozo, Building Department FROM: Angela K. Jacob, Clerkn RE: Request to Encroach onto Public Right of Way DATE: July 14, 1998 PAGE:01 The Board of Public Works has received the following. I would appreciate your reviewing this matter and providing to the Board a recommendation no later than July 22, 1999. You may fax your response to me at 235-9171. Thank you. REQUEST: LOCATION: CONTACT PERSON: Landesign To install a planter 115 W. Colfax, LaSalle Grille David Hoath 291-2568 RECOMNMNDATIONS AND COMMENTS: We have reviewed this applipation BY: Attachment DATE: 7 L2319 8 Ch7"k RETAINING WALL SYSTEM The CLASSIC System was developed to make installation easy -- no special tools are needed. The interlocking design allows for automatic set -back and perfect alignment. The CLASSIC System is designed to build circles, curved or straight walls, 90 degree corners and steps. Specifications 6" High CLASSIC • Mortarless Stackable One -Piece Concrete Units • Several Earth -Tone Colors • Face Texture: Beveled or Straight Split -face • Size: 6" height, 18" width, 12" depth • Set -Back: 3/4" per 6 inches • Area: 1 unit = .75 square toot • Design: Straight walls or curves with a minimum 2.5 ft. radius • Weight: 56 lbs. (approx.) • Wall Height: Up to Oft. (higherwith geogrid reinlorcement•see design manual) Installation Guidelines For a normal base the minimum depth should be 6 inches of a 95% 6" standard proctor compacted granular material. To provide additional foundation depth, for below grade placement of CLASSIC units, use a ratio of below f• of - . above grade. R T R E String tine, Place the first course of CLASSIC units side by side so they are touching. Backside of Face Align backside of faces to prevent "rocking" in succeeding courses. Make r� sure units are installed correctly. The tops of the units are smooth and the •r bottoms of the units have raised anchor bars. (Anchor bars may be ® ', - �' Level removed from the bottoms of the first course units by using a 4" brick a � � � - �,,,�, �• chisel.) Wear safety glasses whenever chipping or splitting units. STEP Ill... BACKFILL & COMPACTION " y .°:; Fill the area between the CLASSIC units and 12" behind all units with 1/2 • vw . inch to 3/4 inch crushed stone, or clean, well draining granular fill. Make FIIL sure the material is compacted around the units. Backfill and compact every course. Sweep the units to remove small pebbles and material so r - that the next course rests evenly on the one below. ;•>��.o. '•: ;,;, .ra . '�.� _ STEP IV_ ADDITIONAL COURSES Stack each CLASSIC the ANCHOR BAR 1st Course 2nd Cou se course of units making sure of the unit is placed against the backside of the faces of the preceding r course. Position top unit halfway on the two units below. Pull unit forward --, as far as possible. Back fill and compact all cavities around each unit and 12" behind units. (For a sharp concave curve, chip outer edge of backside of J Anchor Bar face unit. Chip between two score marks provided.) — STEP V ... CLASSIC CAPS Place CLASSIC caps hallon the two units below. Apply adhesive to top surface of units below to adhere them to the Cap Adhesive capway A cap units. unit can be set back —have 0" set -back —or can be moved forward 1" to 2" to give the wall a ledge look. PATENT PEND, *JO% Distributed by: Miehiana Brick & Building Supply, CORPORATE HEADQUARTERS 625 .South Frances Street ROCKWOOD RETAINING WALLS, INC. Mouth Bend, Indiana 46617 7200 N. Highway 63 Q (219) '23]/ - 0029 Rochester, MN 55905 nk � 1-800-535.2375 FAX 507-288-3810 AMD ................. . '2`1�iTPO TM RETAINING WILL • Design Flexibility 4 F • Easy Installation • Greater Stability rr— S Y S T E o Affordable CIO Lifetime Value • Maintenance Free , m r f `'„ ` B ,'JAM= Ud Jv (9) Pygmy Barberry 15' (11) Blue Rug Jun.iper- 18 " Curb �I _ Restaurant Fire Plug Riser is 2. 75' high 14.40" 8.}77" LSidewalk Planter 1.33' high COLFAX ST. Prepared For. - Mr. Mark McDonnell LaSalle Grill 115 W. Colfax So u th Berl d, IN En try .FRONT ENTRAN{C-E LANDSCAPE CLAN LaSalle Grill Alley 3 ij Scale 1"--10' NORTR Prc--par4a-c. By: ]L..A N 1) IE S I G N David E. Hoa th B. S. L. A. 5210 Canton St. South Bend, IN 46614 (219) 291-2568 r�_ C F I VEII OF- Pr-:Ael-? I'IF f-�II JF,L M W Fi K i=,t,RT-TTt)R! O,'UVIENT TI-F R I..IF F'I FMFNTA+_ T. i.Y-, rw fAd-INI"i Y ;FCIDF' W. RECEIPT NUMPER: R-F:CELPT Op. iF. lo] Cio J. iiO :01�I-7 171.CI 141056 5/17-,/1 r=Wa E. 1-f' 1'.,. - .Ir' 'r..I``.r C�.-1 �. ,i It I� '.Y. _I_'�3�-1.^,