HomeMy WebLinkAbout#2974- Deed; REVOCABLE PERMIT Near Family Dollar Store, northwest corner of Olive Street an Lincoln Way West2 74
8/22/2005
Revocable Permit
18-2051-1817
Lincolnway West Steering Committee
Description:
Near Family Dollar Store, northwest corner of Olive
Street an Lincoln Way West
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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 Li.ncoIn 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 Family Dollar Store, northwest comer of Olive 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 anyway impairing or interfering with the street 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 perinit 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
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.
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.
This approval shall be binding upon everyone past or present, claiming any interest in and to the
aforementioned property.
APPROVED BY THE BOARD OF PUBLIC WORKS
THIS DAY OF , 2005.
Gary Gilot, P.E., President
STATE OF INDIANA )
) ss:
COUNTY OF ST. JOSEPH )
Carl P. Littrell, P.E., Member
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AUG 2 2 2005
Donald E.�Inks, Member.
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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
PUBLIC WORKS, and acknowledged execution of the above thisZZrA-'�- day of
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 S ERING CO TEE
By:
Its:
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EXHIBIT A
Near Family Dollar Store: northwest corner of Olive Street and Lincoln Way West
Tax ID #18-2051-1817
PART OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 3,
TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY,
INDIANA.
COMMENCING AT THE SOUTHEAST CORNER OF LOT A, OF OLIVE HIEGHTS I"
REPLAT AND THE NORTHWEST CORNER OF OLIVE STREET AND LINCOLN WAY
WEST; THENCE NORTHWEST ALONG THE NORTH RIGHT OF WAY LINE OF SAID
LINCOLN WAY WEST A DISTANCE OF 30 FEET TO THE PLACE OF BEGINNING FOR
THIS DESCRIPTION; THENCE SOUTHWEST PERPENDICULAR TO THE NORTH RIGHT
OF WAY LINE OF LINCOLN WAY WEST A DISTANCE OF 26 FEET; THENCE
NORTHWEST PARALLEL TO THE SOUTH RIGHT OF WAY LINE OF SAID LINCOLN
WAY WEST A DISTANCE OF 40 FEET; THENCE NORTHEAST PERPENDICULAR TO
THE NORTH RIGHT OF WAY OF LINCOLN WAY WEST A DISTANCE OF 26 FEET;
THENCE SOUTHEAST ALONG SAID SOUTH RIGHT OF WAY LINE OF SAID LINCOLN
WAY WEST DISTANCE OF 40 FEET TO THE PLACE OF BEGINNING.