HomeMy WebLinkAbout#2977- Deed; REVOCABLE PERMIT Near Palace of Flowers, northwest corner of Sheridan Street and Lincoln Way West2977
8/22/2005
Revocable Permit
18-2183-6869
Lincolnway West Steering Committee
Description:
Near Palace of Flowers, northwest corner of Sheridan
Street and 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 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 Palace ofFlowers, northwest corner of Sheridan 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 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
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
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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 )
2005.
AUG 2 2 2005
Carl P. Littrell, P.E., Me;!%E c-i ohal&�?.tIhks-Member
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
PLIPLIC WORKS, and acknowledged execution of the above this Z�1-j day of
2005.
Notary Public
My Commission Expires: 7 Residing in St. Joseph Co., Indiana
ACCEPTANCE OF TERMS AND CONDITIONS
I accept and agree to be bound by all of the tenns and conditions of this permit
LINCOLN WAY WEST E G CO TTEE
By:
Its:�-
i .:
EXHIBIT A
Near Palace of Flowers: northwest corner of Sheridan Street and Lincoln Way West
Tax ID #18-2183-6869
PART OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 33,
TOWNSHIP 38 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY,
INDIANA.
BEGINNING AT THE SOUTHEAST CORNER OF LOT 1, POST PLACE SUBDIVISION
AND THE NORTHWEST CORNER OF SHERIDAN STREET AND LINCOLN WAY WEST;
THENCE SOUTHWEST PERPENDICULAR TO THE NORTH RIGHT-OF-WAY LINE OF
LINCOLN WAY WEST A DISTANCE OF 10 FEET; THENCE NORTHWEST PARALLEL
TO THE NORTH RIGHT-OF-WAY LINE OF LINCOLN WAY WEST A DISTANCE OF 30
FEET; THENCE NORTHEAST PERPENDICULAR TO THE NORTH RIGHT OF WAY
LINE OF SAID LINCOLN WAY WEST A DISTANCE OF 10 FEET TO THE NORTH RIGHT
OF WAY LINE OF SAID LINCOLN WAY WEST; THENCE SOUTHEAST ALONG SAID
NORTH RIGHT OF WAY LINE OF SAID LINCOLN WAY WEST A DISTANCE OF 30
FEET TO THE PLACE OF BEGINNING.