HomeMy WebLinkAboutResolution No. 299-11 499-11
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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 LCF FUNDING I, LLC, for the placement of a building overhang that would
encroach not more than 16 inches into a public easement not less than ten feet above ground
level within Lot 21, Block 2, Echo Ridge, Olmsted County, Minnesota.
BE IT FURTHER RESOLVED that the granting of the revocable permit is subject to the
�ollowing conditions:
1. Permittee shall perform all work and bear all costs associated with the
construction, maintenance and repair of the encroachment within the public
easement.
2. Permittee shall remove the encroachment and/or relocated the existing storm
sewer at its own expense in the event repair work is needed to the storm sewer
that cannot be reasonably completed as a result of the private encroachment of
the overhang.
3. Permittee must install and maintain the encroachment at its own expense.
Permittee will also be responsible for the cost to remove and reinstall the fence as
well as any damages to public facilities;
4. Permittee must pay $118.97 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 its
use of the City's right-of-way;
6. Permittee must execute any document required by the City Attorney's Office prior
• to delivery of the permit;
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7. Permittee must remove the 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 the encroachment from the
City's right-of-way; 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
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 D 7DF Cal 45
ATTEST. �� PRESIDENT OF SAID COMMON COUNCIL
CITY CLERK
• APPROVED THIS Z! DAY OF 6&5 , 2011.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Res10\RevPermit\35
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