HomeMy WebLinkAboutResolution No. 443-08 777
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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 WV, LP, the owner of the property described as Washington Village, for the
placement of a four story building's roof overhang to encroach approximately 3.5 feet into a utility
easement that will contain a public watermain, and to allow the construction of a private storm
sewer within a public right-of-way.
• FURTHER RESOLVED that the granting of the revocable permit is subject to the
BE IT g 9
following conditions:
1. Permittee will maintain the private storm sewer constructed within the public right-
of-way at its own expense.
2. Permittee shall perform all work and bear all costs associated with the installation,
maintenance and repair of the encroachments within the public right-of-way and
easements.
3. In the event that damage occurs to public facilities as a result of the
encroachments being located within the City right-of-way and public easement,
Permittee must make immediate repairs and bear all costs of City-ordered repairs.
4. Permittee must pay $112.12 to the City for document preparation and recording;
5. Permittee is responsible for all costs for the installation, maintenance and repair of
the encroachment;
6. 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;
7. Permittee must execute any document required by the City Attorney's Office prior
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to delivery of the permit;
8. 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;
9. 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
10. 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 R-b DAY OF 2008.
PRESIDENT OF SAID COMMON COUNCIL
.ATTEST Gil
TY CLERK
APPROVED THIS -4T8 DAY OF P'�Y '.� - , 2008.
or
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
ResMRevPermit\86
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