HomeMy WebLinkAboutResolution No. 166-12 }
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RESOLUTION
BE IT RESOLVED by the Common Council of the City of Rochester that the City grant a
revocable permit to Prow Builders Inc., to allow the construction of a private temporary access
easement driveway from 16th Avenue N.W., across real property generally described as part of
Lots 10 & 11 of Auditor's Plat 'D,' and part of the former Dakota, Minnesota & Eastern Railroad
right-of-way in the City of Rochester, Olmsted County, Minnesota.
BE IT FURTHER RESOLVED that the granting of the revocable permit is subject to the
ellowing conditions:
1. Permittee must install, construct, and maintain the driveway at its own expense.
Permittee will also be responsible for the cost to remove the driveway and restore
the right-of-way upon revocation of this permit as well as any damages to public
facilities;
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 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;
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 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 �10441 DAY F 0- , 2012.
PRESIDENT OF SAID COMMON COUNCIL
ATTEST:
oIEf'UrYCl ER
APPROVED THIS DAY OF , 2012.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Res10\RevPermit\51
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