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HomeMy WebLinkAboutResolution No. 426-15 - RevPermit.Hasley.PrivateServicesRESOLUTION BE IT RESOLVED by the Common Council of the City of Rochester that the City grant a revocable permit to Cory D. and Lacey M. Hasley to allow the placement of private sanitary sewer and water services within the right-of-way of 40t" Avenue S.E., to serve the property generally described as the North half of the Southwest Quarter of the Northwest Quarter of Section 16, Township 106 North, Range 13 West, Olmsted County, Minnesota. The sanitary sewer and water mains are not located directly in front of Owners' property; therefore, Owners' private sanitary sewer and water services will have to extend southerly in the public right of way to the nearest sanitary sewer and water mains for connection to the City's sanitary sewer and water systems. BE IT FURTHER RESOLVED that the granting of the revocable permit is subject to the following conditions- 1. Permittee will install, replace, and maintain the encroachment at its own expense. When water main and sanitary sewer main become available adjacent to Owners' property, Owners must abandon the private services in the right of way and connect their services to the new public mains adjacent to Owners' property. 2. Permittee will maintain the encroached -upon City property at its own expense. Permitee will also be responsible for the cost to remove and reinstall the encroachment if any repairs must be made to the existing public property. Permitee will also be responsible for the cost to remedy any damages to public property; 3. Permittee must pay $124.37 to the City for document preparation and recording; 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 his use 1 of the City's property; 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 property; and 8. 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 ATTEST: CITY CLERK DAY OF , 2015. PRESIDENT OF SAID COMMON COUNCIL APPROVED THIS DAY OF , 2015. (Seal of the City of Rochester, Minnesota) M6i1OMWMIiilfMIN MAYOR OF SAID CITY 2