HomeMy WebLinkAboutResolution No. 603-06 5
RESOLUTION
BE IT RESOLVED by the Common Council of the City of Rochester that the City grant a
revocable permit to Corey & Angela Eischens to allow the placement of a retaining wall within
the five-foot public utility easement sidewalk located along the southeasterly five feet of Lot 45,
Block 1, Cascade Ridge Subdivision.
BE IT FURTHER RESOLVED that the granting of the revocable permit is subject to the
• following conditions:
1. Permittee is responsible for all costs associated with the installation and
maintenance of the retaining wall;
2. Permittee is responsible for the cost to remove and reinstall the retaining wall as
well as any damages to public facilities;
3. Permittee must grant to the City without charge a temporary easement on their
property for the space needed to effectively remove the retaining wall or to
maintain/repair the utilities located within the easement.
4. Permittee will pay $75.84 to the City for document preparation and recording;
5. Permittee is responsible for all costs for the installation, maintenance and repair of
the encroachment;
6. 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;
7. Permittee must execute any document required by the City Attorney's Office prior
to delivery of the permit;
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8. Permittee must remove the encroachment from the City's property 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;
9. 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 property; and
10. 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 7rf DAY OF K)WE '1599-- , 2006.
PRE S DENT OF SAID COMMON COUNCIL
ATTEST:('ZAA,��azAhwloj
. CITY CLERK
APPROVED THis 2 6T DAY OF ft�w M51U_ , 2006.
" T-
MAYOR OF SAID CITY
(Seal:of the City of
Rochester, Minnesota)
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