HomeMy WebLinkAboutResolution No. 474-17 - R.FlemingConstruction.CassidyRidgeFenceEasements.RevocablePermit.
RESOLUTION
BE IT RESOLVED by the Common Council of the City of Rochester that the City grant a
revocable permit to R. Fleming Construction, Inc., to allow the placement of a fence within a 10-
foot public utility easement and a 20-foot public drainage easement located on property described
as Lot 8, Block 1, Cassidy Ridge Second Subdivision, Olmsted County, Minnesota.
BE IT FURTHER RESOLVED that the granting of the revocable permit is subject to the
following conditions:
1. Permittee will install and maintain the encroachment at its own expense. Permittee
will also be responsible for the cost to remove and replace the fence, as well as any
damages to public facilities;
2. Permittee must maintain said easement area, including, but not limited to, mowing
and erosion control. City may require removal of the fence if any flooding is caused
for neighboring properties due to the fence being located with the easements;
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 easements 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;
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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\\52
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