HomeMy WebLinkAboutResolution No. 305-03 JQ
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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 Franklin P. Kottschade to permit the private use of a portion of a portion of
the 23rd Street N.E., right-of-way.BE IT FURTHER RESOLVED that the granting of the revocable permit is subject to the
following conditions:
• 1. Permittee will dedicate to the public a right-of-way easement on the northwest
corner of the property for use as a turn around;
2. Permittee will pay$64.37 to the City for document preparation and recording;
3. Permittee is responsible for all costs for the installation, maintenance and repair of
any encroachment;
4. 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 right-of-way;
5. Permittee must execute any document required by the City Attorney's Office prior
to delivery of the permit;
6. Permittee must remove any encroachment from the City's right-of-way 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;
7. Permittee will not to seek any relocation costs or other damages from the City for
any reason should Permittee be required to remove any encroachment from the
• City's right-of-way;
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8. Permit will terminate and of no further validity upon the vacation of the 23rd Street
N.E., right-of-way; 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 I&p4 DAY OF C /1E , 2003.
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: 4
CITY CLERK
APPROVED THIS IYIH DAY OF _��� , 2003.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Re s2000\R.evperm:t.49
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