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RESOLUTION
BE IT RESOLVED by the Common Council of the City of Rochester that the City execute
a release of easement rights for a portion of the flowage easements in the River Court
Subdivision. Said release of easement rights is conditioned upon the following:
• Owners agree to construct homes on the affected lots at least 1 foot above the 500 year
flood event, which condition shall be memorialized in a restrictive covenant or deed
restriction.
• Owner agrees to hold the City harmless for any claims resulting from flood damage,
which agreement to hold harmless shall be in a form acceptable to the City Attorney.
• Owner shall pay the City $10,000 for the release of easement, the City having previously
purchased the easement as part of the flood control project.
• Owner shall construct up to 150 feet of storm sewer from the outlet pipe of the Storm
Water Pond on the Salem Heights Development (another one of Owner's projects)
downstream within an easement granted to the City by the abutting property owner at a
location and design approved by the City Engineer.
• Approval of the release by the Army Corps of. Engineers is required prior to execution of
the release.
The Mayor and the City Clerk are authorized and directed to execute this release on
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behalf of the City at such time that the conditions are fulfilled.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS D OF 16, E , 2003.
PRESIDENT OF SAID COMMON COUNCIL
ATTEST:
CITY CLERK
APPROVED THIS Z15r DAY OF , 2003.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
0 Res2000\retease.Easement.doc