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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 Matthew and Krystle Gathje to allow placement of fencing within the 48-foot
public utility easement within Lot 65, Block 5, The Gardens Fourth Subdivision.
BE IT FURTHER RESOLVED that the granting of the revocable permit is subject to the
following conditions:
1. Permittees are responsible for all costs associated with the installation,
maintenance, repair; removal and reinstallation of the fencing, and any damage to
public facilities that might occur from the fencing;
2. Permittees must maintain the easement area including, but not limited to, mowing
and erosion control;
3. Permittees must pay$118.97 to the City for document preparation and recording;
4. Permittees must hold the City harmless, by insurance coverage or by agreement
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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;
5. Permittees must execute any document required by the City Attorney's Office prior
to delivery of the permit;
6. Permittees must remove the retaining wall and landscaping from the City's
property at its own cost should the City make such a request. Should the City
remove the retaining wall and landscaping, Permittee shall reimburse the City for
any costs the City incurs;
• 7. Permittees 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 and
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• landscaping 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 77;Y D OF �,&y , 2010.
RESIDENT OF SAID COMMON COUNCIL
ATTEST:
ITY CLERK
APPROVED THIS DAY OF lJ2GCy , 2010.
MAYOR OF SAID CITY
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(Seal of the City of
Rochester, Minnesota)
Res10\RevPermit\15
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