HomeMy WebLinkAboutResolution No. 011-08 RESOLUTION
BE IT RESOLVED by the Common Council of the City of Rochester that the City grant a
revocable permit to Bruce and Sharon Fairchild to allow the placement of a fence over and in the
ten foot public utility easement located adjacent and parallel to the most southerly lot line of Lot 5,
Block 3, Stonehedge Estates Second Subdivision.
BE IT FURTHER RESOLVED that the granting of the revocable permit is subject to the
• following conditions-
1. Permittee is responsible for the installation and maintenance of the fencing at their
own expense. Permittee is also responsible for the cost to remove and reinstall the
fencing as well as any damage to public facilities.
2. Permittee must maintain the easement area including, but not limited to, mowing and
erosion control.
3. Permittee will pay $112.12 to the City for document preparation and recording;
4. Permittee is responsible for all costs for the installation, maintenance and repair of
the encroachment;
5. 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;
6. Permittee must execute any document required by the City Attorneys Office prior to
delivery of the permit;
7. 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;
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• 8. 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
9. 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 Yk DAY OF C7� , 2008. -
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: 6t4-1
CITY CLERK
APPROVED THIS DAY OF ) 2008.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Res05\RevPermit\66
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