HomeMy WebLinkAboutResolution No. 556-07 1 i
RESOLUTION
BE IT RESOLVED by the Common Council of the City of Rochester that the City grant a
revocable permit to Richard Bram and LuAnn Sifford, the owners of the property located at 5024
Nicklaus Drive NW, to allow the encroachment of an artificial creek bed and rain garden in the
10-foot public drainage easement located adjacent and parallel to the most westerly and
southerly lot lines of Lot 14, Block 1, Golfview Estates Third Subdivision, City of Rochester,
Olmsted County, Minnesota.
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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 of 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
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• 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.
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 rT'HE CITY OF
ROCHESTER, MINNESOTA, THIS D Y OF lJr�Yft , 2007.
' PRESIDENT OF SAID COMMON COUNCIL
ATTEST: ,l
CI R n
APPROVED THISa S� h DAY OF 2007.
MAYOR OF SAID CITY
(Seal of the.City of
Rochester; Minnesota)
Res05\RevPerm1t\62
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