HomeMy WebLinkAboutResolution No. 395-14 r r
• 395-14 D10
RESOLUTION
BE IT RESOLVED by the Common Council of the City of Rochester that the City grant a
revocable permit to Bamber Valley Estates Builders, LLC, the owner of property located at
2278 Granite Circle NW (described as Lot 11, Block 1, Boulder Ridge Fifth Subdivision,
Olmsted County, Minnesota) to allow the construction of a single family residence that will
include a building overhang that would encroach not more than 16 inches into a 10' public
• utility easement, not less than 9 feet 6 inches above ground level, and a retaining wall that will
encroach 3 feet into the 10' public utility easement.
BE IT FURTHER RESOLVED that the granting of the revocable permit is subject to the
following conditions:
1. Permittee shall perform all work and bear all costs associated with the
construction, maintenance and repair of said private improvements with the 10 foot
public utility easement. Permitee will also be responsible for the cost to remedy
any damages to public property;
2. Permittee must pay$124.37 to the City for document preparation and recording;
3. 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;
4. Permittee must execute any document required by the City Attorney's Office prior
to delivery of the permit;
5. Permittee shall remove the encroachments and/or relocate the existing sanitary
sewer at its own expense in the event repair work is needed to said sanitary
sewer than cannot be reasonably completed as a result of the private
• encroachment of the overhang and the retaining wall. Permittee shall reimburse
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• 395-14 D10
to the City any costs it incurs;
6. Permittee will not to seek any relocation costs or other damages from the City for
any reason should Permittee be required to remove the encroachment from the
City's property; and
7. 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 15th DAY OF SEPTEMBER , 2014.
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• PRES( ENT OP SAID COMMON COUNCIL
ATTEST: 1 • ...,>� r 4
CITY CLERK
APPROVED THIS loth DAY OF SEPTEMBER 2014•
MAYOR OF SAID CITY
Res10\RevPermit\109
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