HomeMy WebLinkAboutResolution No. 175-10 •
RESOLUTION
BE IT RESOLVED by the Common Council of the City of Rochester that the City grant a
revocable permit to the Minnesota Energy Resources Corporation (MERC) to allow the
placement of a new natural gas pip under Silver Lake east of North Broadway. The six-inch high
density polyethylene pip encased in ten-inch polyethylene pipe will be placed east of the dam
from the Silver Lake Road N.E., right-of-way northerly to the 14th Street N.E., right-of-way.
• BE IT FURTHER RESOLVED that the granting of the revocable permit is subject to the
following conditions:
1. Permittee shall install the pipe through the use of trenchless technology. No
surface disturbance shall occur lying north of the north path along Silver Lake
Drive N.E., and south of the southerly sidewalk of 14th Street N.E.
2. Permittee shall perform all work and bear all costs associated with the installation,
maintenance and repair of said natural gas pipe as well as any damage that may
occur to the property as a result of the natural gas pipe being located across the
property.
3. Permittee shall restore to the City's satisfaction all areas disturbed by its activity
within the property. The disturbed areas must be restored with sod or other
vegetation requested by the City. City Parks Department staff will periodically
inspect all disturbed areas to determine if the replacement is acceptable/viable,
and only after so determined, Permittee will be released from any further
maintenance obligation within the property.
4. Any maintenance, additions and/or alterations/modifications shall be approved by
the City and coordinated with the City Parks Department prior to commencement
of work activity.
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5. Permittee is responsible for all costs associated with the installation, maintenance
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. and repair of the retaining wall and any damage that might occur from the retaining
wall;
6. Permittee must pay $118.97 to the City for document preparation and recording;
7. 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 property and rights-of-way;
8. Permittee must execute any document required by the City Attorney's Office prior
to delivery of the permit;
9. Permittee must remove the retaining wall from the City's property at its own cost
should the City make such a request. Should the City remove the retaining wall,
Permittee shall reimburse the City for any costs the City incurs;
10. Permittee will not to seek any relocation costs or other damages from the City for
any reason should Permittee be required to remove the retaining wall from the
City's property; and
11. 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
Wermit, subject to the above conditions, on behalf of the City.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS DA Fl , 2010.
I "O,Rit8ibENT OF SAID COMMON COUNCIL
ATTEST: ;&Y,44'- .t�CG�
CITY CLERK
APPROVED THIS DAY OF / n , 2010.
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MAYOR OF SAID CITY
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(Seal of the City of
Rochester, Minnesota)
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