HomeMy WebLinkAboutResolution No. 395-11 D 3
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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 James E. and Michelle lilies, James H. lilies, Andrew Martin and Mark
Stoebe for the placement of a retaining wall within the Seventh Avenue S.W., right-of-way along
the west side of the property described as the West 25 feet of Lot 13 and all of Lot 14, Block 15,
Head & McMahon's Addition.
• BE IT FURTHER RESOLVED that the granting of the revocable permit is subject to the
following conditions:
1. Permittee must install and maintain the retaining wall at their own expense. The
retaining wall will be five feet five inches high and 120 feet in length. The retaining
wall must be located a minimum of 18 inches from the sidewalk. The Permittee
will also be responsible for the cost to remove and reinstall the encroachment as
well as any damages to public facilities should those instances occur;
2. Permittee must pay$118.97 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 its
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 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;
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
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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 /07�t DAB OF AckuSr ,?011.
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PRESIDENT OF SAID COMMON COUNCIL
ATTEST: /
CITY CLERK
APPROVED THIS /-2ni DAY OF tug , 2011.
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MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Res10\RevPermit\39
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