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HomeMy WebLinkAboutResolution No. 609-07 y RESOLUTION BE IT RESOLVED by the Common Council of the City of Rochester that the City grant a revocable permit to LNI Dison Center LLC, to allow the following encroachments: 1. The building located on said Lots 7-11, Block 50, Original Plat encroaches 0.07 feet into the north-south alley way lying easterly of said lots; • 2. The building located on said Lot 1, Block 50, Original Plat encroaches 0.28 feet into the right-of-way of Second Street N.E., adjacent to said Lot 1; and 3. Identifying signs located in the north one-half of vacated Third Street N.E., adjacent northwesterly to the subject property. BE IT FURTHER RESOLVED that the granting of the revocable permit is subject to the following conditions: 1. Permittee will pay$112.12 to the City for document preparation and recording; 2. Permittee is responsible for all costs for the installation, maintenance and repair of the encroachment; 3. 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 and rights-of-way; 4. Permittee must execute any document required by the City Attorney's Office prior to delivery of the permit; 5. 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, 1 F6Permittee shall reimburse the City for any, costs the City incurs; 6. 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 7. This permit may not be assigned without the City's approval. BE IT FURTHER RESOLVED that the Permittee is permitted to continue to cross City- owned property in order to access Permittee's property. 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 DAY OF U6551;Z�L- , 2007. PRESIDENT OF SAID COMMON COUNCIL ATTEST: aj ITY CLERK APPROVED THIS ZOTH DAY OF 12007. ds MAYOR OF SAID CITY (Seal of the City of Rochester, Minnesota) Res65\RevPerm1t\65 .j • 2