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HomeMy WebLinkAboutResolution No. 295-12 RESOLUTION BE IT RESOLVED by the Common Council of the City of Rochester.that the City grant a revocable permit to Scott L. &Amy R. Oeltjen to allow the placement of a retaining wall on Lot 4, Block 4, Folwell Ridge Subdivision within the ten-foot utility easement located adjacent to the north lot line of said Lot 4. BE IT FURTHER RESOLVED that the granting of the revocable permit is subject to the 40following conditions: 1. Permittee will have the retaining wall designed by a Professional Engineer and approved by the City Engineer. 2. Permittee must install and maintain the retaining wall at their own expense. Permitee will also be responsible for the cost to remove and reinstall the retaining wall 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; 3. Permittee must pay $124.37 to the City for document preparation and recording; 4. 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; 5. Permittee must execute any document required by the City Attorney's Office prior to delivery of the permit; 6. 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; 1 • 7. 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 8. 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 lbw DAY OF y , 2012. I� A ACTING PRESIDENT Or-SAID COMMONQ\Q,OUNCIL ATTEST: el�Ael*sjnj ITY CLERK APPROVED THIS 17,w DAY OF / Y , 2012. • MAYOR OF SAID CITY (Seal of the City of Rochester, Minnesota) Res10\RevPermit\60 2