HomeMy WebLinkAboutEncroachment & Revocable Permit - 321 Walter St - Comcast Corp
September 8, 2026
Jeff Ptack
Talon Communication
305 Amston Ct.
Oswego, IL 60543
myworkers@comcast.net
RE: Encroachment into Public Right-of-Way – 321 Walter St.
Dear Jeff:
At its September 8, 2026 meeting, the Board of Public Works approved your
request for the installation of a power supply at 321 Walter 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.
Sincerely,
/s/Hillary Horvath
Hillary Horvath, Clerk
INTEROFFICE MEMORANDUM
BOARD OF PUBLIC WORKS
DATE:
TO:
July 13, 2026
Kyle Ludlow, Engineering Department
Derek Erquhart, Fire Department
Chris Dressel, Community Investment
FROM: Hillary Horvath, Clerk; PWengineering@southbendin.gov
SUBJECT:
ENCROACHMENT RECOMMENDATION
Revocable Encroachment – Power Supply Installation in ROW
LOCATION: 321 Walter 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.
ENGINEERING: Favorable Recommendation (Recommendation provided after consulting with
Streets Department – Coby Deal)
COMMUNITY INVESTMENT: Favorable recommendation.
FIRE: Favorable recommendation
ENCROACHMENT APPLICATION
City of South Bend – Board of Public Works
215 Doctor M.L.K. Jr Blvd; Floor 4
South Bend, IN 46601
PROPERTY OWNER INFORMATION:
Name of Business/Homeowner: ______________________________________________________________
Address: _______________________________________________________________________________________
City/State/Zip: _________________________________________________________________________________
Phone:______________________________ Email: ____________________________________________________
ENCROACHMENT INFORMATION:
Location of Encroachment: ___________________________________________________________________
Encroachment Description: ___________________________________________________________________
CL Road to R/W Line: _________________________________ Size of Encroachment:________________
Distance of R/W: _____________________________________ Amount in R/W: ______________________
INSTALLER'S INFORMATION:
Business Name: ________________________________________________________________________________
Address: _______________________________________________________________________________________
City/State/Zip: _________________________________________________________________________________
Phone:______________________________ Email: ____________________________________________________
Signature: ______________________________________________________________________________________
Printed Name: _________________________________________________________________________________
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: Date:
Printed Name of Applicant: ____________________________________________________________________
REVOCABLE PERMIT
RECOGNITION OF ENCROACHMENT UPON CITY OF SOUTH BEND-CONTROLLED PROPERTY
AND PROVISIONS ALLOWING TEMPORARY CONTINUANCE OF SAME
Company/Homeowner Name _____________________________________________ , 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 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 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, 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:
Signature:
Date:
BOARD OF PUBLIC WORKS APPROVAL
President
Member
Member
Member
Member
Attest
Revised on 9.14.21