HomeMy WebLinkAboutResolution No. 381-07 RESOLUTION
BE IT RESOLVED by the Common Council of the City of Rochester that the City grant a
revocable permit to TexPar Energy, LLC, to allow the placement of a heating and electrical
support building for two new petroleum tanks within an existing public utility easement located at
1826 Seventh Street N.W.
BE IT FURTHER RESOLVED that the granting of the revocable permit is subject to the
Wollowing conditions:
1. Permittee must apply for vacation of the public utility easement within 30 days of
the date of the revocable permit agreement.
2. Permittee must not seek the vacation of the public utility easement any closer than
20 feet as measured from the centerline of the active sanitary sewer line that lies
north and perpendicular.
3. If Permittee's vacation request has not been approved by October 1, 2007,
Permittee must halt construction activity within the subject utility easement until the
vacation request has been approved.
4. Permittee is responsible for all costs associated with the construction,
maintenance and repair of the building project as well as any damage that may
occur to public facilities resulting from the support building project.
5. Permittee will pay $75.84 to the City for document preparation and recording;
6. Permittee is responsible for all costs for the installation, maintenance and repair of
the encroachments;
• 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
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• use of the City's property, the public utility easement and with respect to any
claims or liability associated with the support building project;
8. Permittee must execute any document required by the City Attorney's Office prior
to delivery of the permit;
9. Permittee must remove the encroachments from the City's property at its own cost
should the City make such a request. Should the City remove the encroachments,
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 encroachments 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
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 &V4 DAY OF A6a5 — , 2007.
/ PRESIDENT OF SAID COMMON COUNCIL
ATTEST: CITY CLERK
APPROVED THIS 7i7 DAY OF A�lcST , 2007.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Res05\RevPermit\57
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