HomeMy WebLinkAboutResolution No. 338-08 r.
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RESOLUTION
BE IT RESOLVED by the Common Council of the City of Rochester that the City grant a
revocable permit to Brent & Kristi Moos, the owners of the property described as Lot 9, Block 5,
North Park Twelfth Subdivision, to allow the placement of a fence over and in the 20-foot public
drainage easement located adjacent and parallel to the most westerly lot line of Lot 9.
BE IT FURTHER RESOLVED that the granting of the revocable permit is subject to the
following conditions:
1. Permittee must maintain the easement area including, but not limited to, mowing
and erosion control.
2. Permittee must install and maintain the fencing at their own expense. The fence
must be installed a minimum of six inches above ground level to allow for
drainage. Permittee will be responsible for the cost to remove ar)d reinstall the
fencing as well as any damages to public facilities.
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 Attorney's 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,
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• Permittee shall reimburse the City for any costs the City incurs;
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 1�6 DAY OF y)CZL 2008.
L(Z-,
/ PRESIDENT OF SAID COMMON COUNCIL
ATTEST: /
"'MY CLERK ()
APPROVED THIS WJ) DAY OF ���7 , 2008.
MAYOR OF SAID CITY •
(Seal of the City of
Rochester, Minnesota)
Res05\RevPermit\79
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