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HomeMy WebLinkAboutResolution No. 528-17 - Hull.RevocablePermit.FenceWithUtilityEasement RESOLUTION BE IT RESOLVED by the Common Council of the City of Rochester that the City grant a revocable permit to Nathan and Jennifer Hull, the owners of property described as Lot 6, Block 1, Estates at Windamere Woods Subdivision and located at 2784 Sherburn Lane S.W., to allow the placement of a fence within a 40-foot public utility easement located adjacent and parallel to the most northerly lot line on the owners’ property. BE IT FURTHER RESOLVED that the granting of the revocable permit is subject to the following conditions: 1. Permittee will install and maintain the fence 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. Owners must maintain the easement area including, but not limited to, mowing and erosion control; 2. Permittee must maintain the City-owned property, and pay all property tax due and payable for the City-owned 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 property at its own cost should the City make such a request. Should the City remove any encroachment, 1 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\\56 2