HomeMy WebLinkAbout#2972- Deed; REVOCABLE PERMIT Near a residential property, southwest corner of Johnson Street and Lincoln Way West29�12
9/22/2005
Revocable Permit
18-2034-1129
Lincolnway West Steering Committee
Description. Southwest comer of Johnson
Near a residential property,
Street and Lincoln Way West
REVOCABLE PERMIT
RECOGNITION OF ENCROACHMENT UPON CITY -CONTROLLED PROPERTY AND
PROVISIONS ALLOWING TEMPORARY CONTINUANCE OF SAME
WHEREAS, the Lincoln Way West Steering Committee (the "Applicant") is desirous of
improving the Lincoln Way West Commercial Corridor; and
WHEREAS, the Board of Public Works of the City of South Bend (the "City") is desirous of
assisting Applicant;
NOW THEREFORE, the City hereby grants a Revocable Permit for the Applicant to install,
maintain and remove a flower planter at the following location:
Near a residential property, southwest corner of Johnson Street and Lincoln
Way West, property owned by the City and more particularly described in
Exhibit `A "to this document.
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 of the City of SOUTH BEND shall
determine that such encroachment is in any way impairing or interfering with the street or with the
2)
free and safe flow of traffic thereon;
Said encroachment shall not in any way prejudice or preclude the CiWs 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
4)
or dimensions.
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 of SOUTH BEND 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 OF PUBLIC WORKS, Applicant
shall indemnify, hold harmless and defend the City of SOUTH BEND ("City") from and against
any and all actions or causes of action, claims, demands, liabilities, losses, damages or expenses of
whatsoever kind and nature, including attorney's fees, 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
including the loss thereof, arising out of or in any manner connected
destruction of any property,
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.
7)
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 City.
i
inte
This approval shall be binding upon everyone past or present, g7i es`t ftnp , A to the
claizd any_ ..�.��y�
aforementioned property.
APPROVED BY THE BOARD OF PUBLIC WORKS
THIS DAY OF
Gary Gilot, P.E., President
STATE OF INDIANA )
) SS:
COUNTY OF ST. JOSEPH )
AUG 2 2 2005
NO
Carl P. Littrell, P.E., Member Donald t,Vikks;'IV)� mber,.—
2005.
Before me, the undersigned, a Notary Public in and for said county and state personally appeared,
Gary A. Gilot, Carl P. Littrell, and Don Inks personally known to me to be members of the BOARD OF
PUB IC WOS, and acknowledged execution of the above this " Zf' at%day of
c s '2005,
Notary Public
My Commission Expires: Residing in St. Joseph Co., Indiana
.......................
ACCEPTANCE OF TERMS AND CONDITIONS
I accept and agree to be bound by all of the terms and conditions of this permit
LINCOLN WAY WEST EE G C4�M�TTEE
By:
Its: L' ��
EXHIBIT A
Near a residential property: southwest corner of Johnson Street and Lincoln Way
West
Tax ID #18-2034-1128
PART OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 3,
TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY,
INDIANA.
BEGINNING AT THE NORTHEAST CORNER OF LOT 1 MAYER'S ADDITION AND THE
SOUTHWEST CORNER OF JOHNSON STREET AND LINCOLN WAY WEST; THENCE
NORTHEAST PERPENDICULAR TO THE SOUTH RIGHT OF WAY LINE OF LINCOLN
WAY WEST A DISTANCE OF 20 FEET; THENCE NORTHWEST PARELLEL TO THE
SOUTH RIGHT OF WAY LINE OF LINCOLN WAY WEST A DISTANCE OF 20 FEET;
THENCE SOUTHWEST PERPENDICULAR TO THE SOUTH RIGHT-OF-WAY OF
LINCOLN WAY WEST A DISTANCE OF 20 FEET; THENCE SOUTHWEST ALONG THE
SOUTH RIGHT-OF-WAY LINE OF LINCOLN WAY WEST A DISTANCE OF 20 FEET TO
THE PLACE OF BEGINNING.