Resolution - #12-08-120A - 08/28/2012

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Councilmember Elvig introduced the following resolution and moved for its adoption: RESOLUTION #12- 08 -120A RESOLUTION APPROVING THE CITY ENTERING INTO AN EASEMENT ENCROACHMENT AGREEMENT TO ALLOW THE CONSTRUCTION OF A GROUND SIGN WITHIN A DRAINAGE AND UTILITY EASEMENT AT 14485 AZURITE ST NW AND DECLARING TERMS OF SAME WHEREAS, Wildlife Research Center, Inc., hereinafter referred to as the "Applicant," has requested to construct a ground sign (the "Structure ") within a drainage and utility easement (the "Easement ") on the property generally known as 14485 Azurite St NW and legally described as follows: Lot 1 Block 1 Sunfish Lake Bus Park 3rd (the "Subject Property "). WHEREAS, the Applicant wishes to construct the Structure for the purposes of directing truck traffic to their site and in accordance with the site plan, herein attached as Exhibit A (the "Site Plan "); and WHEREAS, the City Engineer has found that the storm sewer line within the Easement can still properly function with the construction of the Structure; and WHEREAS, the City may still need to utilize the Easement for maintenance or reconstruction of utilities within the Easement; and WHEREAS, the maintenance of the Easement may require the removal of the Structure. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF ADJUSTMENT OF THE CITY OF RAMSEY, ANOKA COUNTY, STATE OF MINNESOTA, as follows: 1. That the Applicant may construct the Structure in accordance with the Site Plan, contingent upon the Applicant entering into an Encroachment Agreement with the City. 2. That the Encroachment Agreement is subject to final review by the City Attorney as to legal form. 3. That the Applicant agrees that the City may remove the Structure at any time for any purpose and it shall be the responsibility of the Applicant to reconstruct the Structure, if approved by the City. 4. That the Applicant shall secure all necessary permits and licenses.