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HomeMy WebLinkAboutResolution No. 050-12 • RESOLUTION BE IT RESOLVED by the Common Council of the City of Rochester that the City grant a revocable permit to Cori Smidt and Joshua Smidt to allow the placement of fencing within the various public utility easements within Lot 32, Block 1, Manor Woods West 15th Subdivision. BE IT FURTHER RESOLVED that the granting of the revocable permit is subject to the �ollowing conditions: 1. Permittee must install and maintain the fencing at their own expense. An eight- foot gate must be placed adjacent to the sanitary sewer manhole that is located along the southwesterly property line to allow access for maintenance of the sanitary sewer line. Permittee will also be responsible for the cost to remove and reinstall the fencing as well as any damages to public facilities. Permittee must maintain the easement area including, but not limited to, mowing and erosion control; 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 right-of-way; 4. Permittee must execute any document required by the City Attorney's Office prior to delivery of the permit; 5. Permittee must remove the encroachment from the City's lands at his 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; • 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 1 . City's right-of-way; 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 permit, subject to the above conditions, on behalf of the City. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS 617q DA OF , 2012. PRESIDENT OF SAID COMMON COUNCIL ATTEST: CITY CLERK APPROVED THIS -71�4 DAY OF ` , 2012. • MAYOR OF SAID CITY (Sea[ of the City of Rochester, Minnesota) Res10\RevPermit\48 • 2