HomeMy WebLinkAboutResolution No. 475-07 n
RESOLUTION
BE IT RESOLVED by the Common Council of the City of Rochester that the City grant a
revocable permit to Sunstone Kahler LLC to allow the encroachment of new business signage
and the continuation of encroachment for existing canopies and a business sign into the right of
way adjacent to Lots 1-12, Block 31, Original Plat to the City of Rochester, Olmsted County,
Minnesota.
• BE IT FURTHER RESOLVED that the granting of the revocable permit shall allow the
following new and existing encroachments:
1. A new business sign may be placed in the right of way adjacent to 110 West
Center Street. This sign shall be attached to the building pillar and shall be 2'6" in height,
extending 2' 2" into the right of way at a height of 9'6" above the sidewalk. The following
additional conditions shall apply to this encroachment:
2. The continuation of existing canopies with the rights of way of Second Avenue
SW, First Street SW and Second Street North adjacent to Block 31, Original Plat to the
City of Rochester. The canopies must be located at least 10' above the sidewalk and
may extend up to 12' into the right of way provided there are no ground supports located
within the right of way.
3. The continuation of existing canopies within the right of way of First Avenue SW
and West Center Street and the existing projecting sign within the West Center Street
right of way adjacent to Block 31, Original Plat to the City of Rochester. The canopy
along First Avenue SW may extend 127' along the building and must be located at least
97' above the sidewalk and may encroach up to 83" into the right of way provided there
are no ground supports located within the right of way. The canopy along West Center
Street may extend 57' along the building and must be located at least 97' above the
sidewalk and may encroach up to 72" into the right of way provided there are no ground
supports located within the right of way. The projecting sign must be located above the
height of the canopies and may extend 5' into the right of way.
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BE IT FURTHER RESOLVED that the granting of the revocable permit shall be
subject to the following conditions:
1. Permittee will pay $112.12 to the City for document preparation and recording;
2. Owner shall perform all work and bear all costs associated with the installation,
maintenance and repair of said improvements, as well as any damage that may occur
to public facilities resulting from said improvements being located within the public right
of way.
3. Owner shall also ensure that the location, use and maintenance of said
improvements shall be in accordance with all applicable codes and other provisions 01
law.
4. In the event that damage may occur to public facilities as a result of said
improvements being located within the public right of way, Owner shall make immediate
repairs and bear all costs of City ordered repairs.
5. Any additions and/or alterations/modifications, other than for maintenance
purposes, shall be approved by the City prior to commencement of work activity.
6. Owner shall hold the City harmless, by insurance coverage or by agreement, and
• must defend and indemnify the City for any and all damages, or from any and all claims
or causes of action made by any party resulting from its use of the City's right of way
under the grant of authority contained herein.
7. This permit shall be deemed a covenant running with the land identified herein.
8. This Revocable permit is not intended to be for any specific period of time, and
Owner shall, upon demand by the City acting through its City Engineer, remove the
encroachments authorized by this permit. If demand for removal has been made and
the encroachments are not removed, the encroachments shall be deemed the property
of the City and the City may proceed to remove all or a part thereof without liability for
damages to Owner. Owner shall reimburse the City for any costs the City incurs in
removing the encroachments. Owner shall not receive any prescriptive rights by this
grant, nor shall it seek or be entitled to any relocation costs or other damages from the
City for removal of the encroachments.
BE IT FURTHER RESOLVED that those revocable permits approved by council
resolutions numbered 857-00 and 669-02 are hereby revoked.
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.
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PASSED AND ADOPTED BY THE COMMON` COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS /5r DAY OF e)MlO � , 2007.
/ PR (DENT O SAID COMMON COUNCIL
ATTEST: "' llt
ITY CLERK
APPROVED THIS Zed DAY OF ��ZE�- , 2007.
7s
MAYOR OF SAID CITY
(Sea! of th,e.City of
Rochester, Minnesota)
Res05\RevPermit\61
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