HomeMy WebLinkAboutResolution No. 238-16 - Boyce.RevocablePermit.FenceInUtilityEasementRESOLUTION
BE IT RESOLVED by the Common Council of the City of Rochester that the City grant a
revocable permit to Thomas G. and Katherine Boyce to allow the placement of a fence within a
five-foot public utility easement on property located parallel and adjacent to the easterly lot line of
Lot 19, Block 2, Wilshire Estates Third Subdivision.
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 fence encroachment at its own
expense. The fence must not enclose the utility pedestals located within the
easement.
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
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 any
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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 DAY OF , 2016.
ATTEST:
PRESIDENT OF SAID COMMON COUNCIL
CITY CLERK
APPROVED THIS DAY OF .2016.
(Seal of the City of
Rochester, Minnesota)
Res15\RevPermit\27
MAYOR OF SAID CITY
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