HomeMy WebLinkAboutResolution No. 070-150 070-15 D17
RESOLUTION
BE IT RESOLVED by the Common Council of the City of Rochester that the City grant a
revocable permit to Visionary Partnership, LLC (the owner of the property described as Lot 1,
Block 1, Fairway Ridge 3`d Subdivision, Olmsted County, Minnesota) to allow the placement of a
drop canopy and its columns within a 35-foot public utility easement. The encroachment will
span the public utility easement from 4.2 feet to 14.1 feet.
•BE IT FURTHER RESOLVED that the granting of the revocable permit is subject to the
following conditions:
1. Footings for the support column closest to the existing public water main must be
set at an elevation so as no direct pressure is placed on the water main.
2. Permittee understands that water main is located within said platted public utility
easement. If the situation arises that any part of the drop off canopy must be
removed to perform maintenance or repair on the existing water main or any other
utilities located within said platted public utility easement, Permittee will be
responsible for any costs associated with the removal and/or replacement of the
drop off canopy.
3. Permittee will maintain the encroached -upon City property at its own expense.
Permitee will also be responsible for the cost to remove and reinstall any
encroachment if any repairs must be made to the existing public property.
Permitee will also be responsible for the cost to remedy any damages to public
property;
4. Permittee must pay $124.37 to the City for document preparation and recording;
5. Permittee must hold the City harmless, by insurance coverage or by agreement,
and must defend and indemnify the City for any and all damages resulting from his
use of the City's property;
•
6. Permittee must execute any document required by the City Attorney's Office prior
to delivery of the permit;
7. Permittee must remove any encroachment from the City's right-of-way at its own
cost should the City make such a request. Should the City remove the
encroachment, Permittee shall reimburse the City for any costs the City incurs;
8. Permittee will not to seek any relocation costs or other damages from the City for
any reason should Permittee be required to remove any encroachment from the
City's property; and
9. This permit may not be assigned without the City's approval.
The Mayor and the City Clerk are authorized and directed to execute the revocable
permits, subject to the above conditions, on behalf of the City.
PASSED AND ADOPTED BY THE COMMON COUNCIL. OF THE CITY OF
• ROCHESTER, MINNESOTA, THIS 18t DAY OF FEBRUARY 2015,
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SAID COUNCIL
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CITY CLERK
APPROVED THIS 1! th DAY OF FEBRUARY 2015.
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