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HomeMy WebLinkAboutEncroachment & Revocable Permit - 1201 Dunham St1316 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 July 22, 2025 Mr. Ed Jordanich JDunham & Arnold LLC 100 E. Wayne St., Ste. 130 South Bend, IN 46619 bill&studiojackson.net; customawninginckyahoo.com RE: Encroachment into Public Right -of -Way — 1201 Dunham St. Dear Mr. Jordanich: At its July 22, 2025 meeting, the Board of Public Works approved your request for the installation of a new 18'awning at 1201 Dunham St. 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, at any time, the City of South Bend determines that it is necessary to revoke the encroachment permit, you, or the future property owner will be responsible for any and all costs associated with the removal of the encroachment and returning your property to its pre-existing state. If you have any further questions, please call this office at (574) 235-9251. Sincerely, /s/HiIlary Horvath Hillary Horvath, Clerk Enclosures HH ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT MURRAY L. MILLER BREANA N. MIcou � �Spi3TH B.�O W rLncu 'a 1865 INTEROFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE: April 14, 2025 TO: Kyle Ludlow, Engineering Department Derek Erquhart, Fire Department Chris Dressel, Community Investment FROM: Theresa Heffner, Clerk theffner south bend in. com SUBJECT: ENCROACHMENT RECOMMENDATION Revocable Encroachment — JDunham & Arnold LLC LOCATION: 1201 Dunham St. 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 COMMUNITY INVESTMENT: favorable provided the minimum awning clearance over sidewalks (8') or driveways (16'). Awnings also cannot project more than three feet over any public right-of-way and must be at least two feet away from a traveled roadway. Awnings must also be located in a traditional manner above doors, windows, or walkways. FIRE: Favorable Recommendation tnti$E ENCROACHMENT APPLICATION Oti rj 'g, City of South Bend - Board of Public Works 227 W . Jefferson Boulevard, Ste.1316 R teas x South Bend, IN 46601 PROPERTY OWNER INFORMATION: Name ofBusiness/Homeowner: JDunham & Arnold LLC Address: 100 E Wayne St Ste 130 South Bend, IN 46601-2350 City/State/Zip: SOUTH BEND, IN 46619 Phone: 512-567-3084 — Email: bill@studiojackson.net (ENCROACHMENT INFORMATION: i Location of Encroachment: 1201 DUNHAM STREET SOUTH BEND, IN 46619 Encroachment Description: NEW 18' AWNING CL Road to R/W Line: Distance of R/W: Size of Encroachment: Amount in R/W: a 18' @8' AFF INSTALLER'S INFORMATION: J Business Name: Custom Awning of South Bend Address: 1251 Third Street Osceola, Indiana 46561 City/State/Zip: Phone: 574-674-5900 F 574-674-5959 Email:customawninginc@yahoo.com Signature. Printed Name: Doug Beals _ — {NCLUDETHE FOLLOWING ITEMS WITH YOUR APPLICATION: Photos of the area where encroachment will take place. X Plans and Specifications Completed Agreement AFFIRMATION I, the undersigned do hereby certify and affirm that all the information must in gii way i pair ven in this application is accurate and correct, I understand that encroachments the highway or free and safe flow of traffic ftre and may be revoked at any time. Date: 3118/2025 anich Signature of Applicant _ of AnNicant: Ed or — — REVOCABLE PERMIT w a RFCOGNITION OF ENCROACHMENT UPON CITY OF SOUTH BEND -CONTROLLED PROPERTY AND PROVISIONS ALLOWING TEMPORARY CONTINUANCE OF SAME � tHSs ompany/Homeowner Name , hereafter, the "APPLICANT." he 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 CITY shall not be liable to APPLICANTfor 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, 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_ .[ I CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS �� Elizabeth A. Maradik, President Gfs.�cita� Submitted By: Signature: )_7-: -21— Date: Joseph R. Molnar, Vice President Gary A. Gilot, Member Breana Micou, Member %n—" A m, ' 174hz 4u A X Murray L. Miller, Member Attest: Madeline Hostetler, Acting Clerk Date: July 22, 2025 _ed on 9.14.21 Custom Awning of South Bend 1251 Third Street Osceola, Indiana 46561 574-674-5900 January 23, 2025 Dunham & Arnold LLC 100 E Wayne St Ste 130 South Bend, IN 46601-2350 512-567-3084 Proposal 1201 Dunham South Bend Storefront Manufacture canvas storefront awning. Framework and rafters will be constructed of aluminum tubing, welded. Covers will be seamed and fit to aluminum staple extrusion system Installation: Deliver awning, install mounting brackets, position awning, and anchor. 18' wide x 4' projection x 4' drop Materials Mill finish T-5 aluminum tubing - 1-1 %" Tempotest woven acrylic canvas Indigo T92-47 - Manufacturer limited 10 year warranty Miscellaneous weather resistant anchors and installation hardware Price $3910 Terms 50% deposit -Balance upon completion Price subject to review after 30 days Sizes are approximate and may be subject to final site surveys Custom Awning is not responsible for concealed damages or conditions beyond our control Costs and fees associated with permits will be billed at $75/hour Any legal or professional fees resulting from collection proceedings will be at customer expense Estimated project completion 6-8 weeks Custom Awning Doug Beals Ed ]ordanich of Dunham & Arnold LLC Date 3,'�/� r �4y°uTB�o ENCROACHMENT APPLICATION b 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: JDunham & Arnold LLC Address: 100 E Wayne St Ste 130 South Bend, IN 46601-2350 City/State/Zip: SOUTH BEND, IN 46619 Phone:512-567-3084 Email: bill@studiojackson.net ENCROACHMENT INFORMATION: Location of Encroachment: 1201 DUNHAM STREET SOUTH BEND, IN 46619 Encroachment Description: CL Road to R/W Line: Distance of R/W: NEW 18' AWNING INSTALLER'S INFORMATION: Business Name: Custom Awning of South Bend Address: 1251 Third Street Size of Encroachment:18' @8' AFF Amount in R/W: 4' City/State/Zip: Osceola, Indiana 46561 Phone:574-674-5900 F 574-674-; Email: customawninginc@yahoo.com Signature: Printed Name: Doug Beals INCLUDE THE FOLLOWING ITEMS WITH YOUR APPLICATION: ❑ Photos of the area where encroachment will take place. ❑ Plans and Specifications ❑ 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 encroachments must in no way impair the highway or free and safe flow of traffic thereon and may be revoked at any time. Signature of Applicant: Printed Name of Applicant: Ed Jordanich Date: 3/18/2025 REVOCABLE PERMIT 1 RECOGNITION OF ENCROACHMENT UPON CITY OF SOUTH BEND -CONTROLLED PROPERTY f'a AND PROVISIONS ALLOWING TEMPORARY CONTINUANCE OF SAME �F3G5 x Company/Homeowner Name Dunham & Arnold LLC , 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 anyway 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 shall not be liable to APPLICANTfor 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, 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: Ed Jordanich Signature: Date: BOARD OF PUBLIC WORKS APPROVAL President Member Member Member Member Attest Revised on 9.14.21 00 O DUNHAM STREET -0 co M PROPOSED 4'X4'X18' cn � AWNING MOUNTED 18-0 c O -0cM WITH BOTTOM J O +, O CLEARANCE OF 8' EXISTING SIDEWALK o r ABOVE EXISTING T W N a >O J SIDEWALK > O 0 EXISTING CORNER iu CZ SIGN 24' 1201 DUNHAM z o z EXISTING — PROJECTING CORNICE U o o N N Q N T 2 c� U Q c� EXISTING cr o fr PROJECTING 00 � Q SECOND FLOOR BAY 2 t o -, WINDOW o m IL IL z O co Uw r O �= O QUcl r _j Q m � .N 0 w Lj W Lu U) Irtz cn w ��z 0 0 U0� z U Qzvo z C6 � o Q Y Q � �� Z < co X U W 0 Lr) w O m N w0Cj MU)J ,} J r J_ T I v , I I PAVED PARKING � rn wr w 0 z z�� Q w U) a_ > �i w Paz 9)zm Lu w 0�� z a N 0 li cn I T > O � 3 o m A o Scale �PM...:..A I �\` '�• STE s0�i Drawing No. ------------- _ N .AR11 123_�--Tl 01 OIST_1�_3/32 " = 1'-0" • q`�N�IANP, : • ■ CH AWNING Scale: NTS 9 ©B Scale: NTS m 0 �U) 0 i CO J CO N Q J cd T IZT W CV > 0 0 0 o O Z Z .. i U I�. o N o N z N =I T) z Q T- [ = z > _ C) Q U Cc o Cc - a cc O a a o O oC 2iI N N i N O o Z O CO U w r _ O Q= O Q U r m �Q � Q N 0 r) w w wItz ��z UU)"t°� zzYCO - Q—UTO YO<� --', .� Uw0LO LULU moN wog CA Co J l T ryry�� v, T R 1j V - i" W Z .. Cr (A Z J _ W > 2 �QZ W = W �Zm U) W LU Ooj z oU Q Q O U C � 3 o m a` o` Scale `iii%IM11unir11, NTS Jq STE • ' s '��i Drawing No. s N . AR11 123 T1 002 ST E OF RCHi'T, From: Custom Awnino To: Hillary Horvath Subject: Re: Encroachment 1201 Dunham St Date: Tuesday, April 15, 2025 9:20:22 AM Attachments: imaae001.Dna Good Morning Hillary, The brick veneer calls for masonry anchors (tapcons) 3/16". Thank you, Jackie Please confirm receipt of this email. Custom Awning of South Bend 1251 West Third Street Osceola, Indiana 46561 T 574-674-5900 F 574-674-5959 customawninginc.com On Tuesday, April 15, 2025 at 07:36:23 AM EDT, Hillary Horvath <hhorvath@southbendin.gov> wrote: Good morning, Our department is asking for you to provide which kind of anchors or bolts you will be using? Thank you, Hillary Hillary Horvath Administrative Assistant II hhorvath(a)southbend in. gov 574-235-9251 Southbendin.gov City of South Bend Department of Public Works Division of Engineering County/City Building 227 W. Jefferson Blvd. #1316 South Bend, IN 46601 Excellence Accountability Innovation Inclusion Empowerment CAUTION: This email originated from outside of the City of South Bend's network. Do not click links or open attachments unless you validate the sender and know the content is safe. Please report any suspicious emails to the CyberSecurity team by clicking the Phish Alert Button in Outlook.