HomeMy WebLinkAboutResolution No. 122-17 - DBarM,LLC.RevocablePermit
RESOLUTION
BE IT RESOLVED by the Common Council of the City of Rochester that the City grant a
revocable permit to D BAR M LLC, owner of real property described as Lot 1, Block 1, Eastgate
Apartments Subdivision to allow for the installation of a fence within a 14-foot public utility
easement on the property. The public utility easement is described in Document Number 517202
on file with the County Recorder’s Office.
BE IT FURTHER RESOLVED that the granting of the revocable permit is subject to the
following conditions:
1. Permittee will install and maintain the private fence at its own expense. There are
utility poles and electrical wires located within the subject public utility easement
on the Property. The fencing must not enclose any utility equipment located
within the subject utility easement. The fencing must also be placed far enough
from any utility equipment to allow for a five-foot clearance radius and to allow
for a minimum ten-foot clearance in front of all doors on primary voltage
equipment. Additionally, the fencing must include a gate adjacent to each utility
pole located within said utility easement on the Property.
2. 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;
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5. Permittee must execute any document required by the City Attorney's Office prior to
delivery of the permit;
6. Permittee must remove any improvement from the City’s easement at its own cost
should the City make such a request. Should the City remove any 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 _______________, 2017.
___________________________________
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: __________________________
CITY CLERK
APPROVED THIS _____ DAY OF ______________________, 2017.
___________________________________
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Res15\\RevPermit\\38
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