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Created: 2022-07-19 16:12:31 [EST]
<br />(Supp. No. 20, Update 2)
<br />Page 2 of 29
<br />Degradation means a decrease in the useful life of the right-of-way caused by excavation in
<br />or disturbance of the right-of-way, resulting in the need to reconstruct such right-of-way earlier
<br />than would be required if the excavation or disturbance did not occur.
<br />Encroachment Agreement means an agreement between the City and a property owner that
<br />allows placement of an obstruction or structure in public right-of-way, as defined in this Section.
<br />Excavate or Excavation means to dig into or in any way remove or physically disturb or
<br />penetrate any public right-of-way paved or ground surface, or any portion thereof.
<br />Facility or Facilities means anything tangible, including equipment, which is required to
<br />provide utility services.
<br />Frontage means the lot line abutting a public or private street.
<br />Obstruct or Obstruction means to place or the placement of any object in a public right-of-
<br />way, or to remove or the removal of an existing structure, or any portion thereof, from a public
<br />right-of-way that interferes with the free use of the public right-of-way.
<br />Parcel of land means a lot or contiguous lots or a tract officially registered under one ownership.
<br />Patch or Patching means a method of roadway surface replacement or restoration that
<br />consists of: (1) the compaction of the sub-base and aggregate base; and (2) the replacement, in
<br />kind, of the existing roadway surface for a minimum of two feet beyond the edges of the defined
<br />excavation in all directions.
<br />Private road means the entire area dedicated to private use or contained in a plat, an easement or other
<br />conveyance, grant or by adverse possession and includes but is not limited to roadways, boulevards, sidewalks,
<br />trails and other property between lateral property lines in which a private roadway lies.
<br />Public road means the entire area dedicated to public use, or contained in a plat, an easement or other
<br />conveyance, grant or by adverse possession, to the city or other governmental body, and shall include but is not
<br />limited to roadways, boulevards, sidewalks, trails, alleys and other public property between lateral property lines
<br />in which a public roadway lies. Where traveled public roadways exist in a location not shown on the platting map,
<br />the right-of-way shall not be less than ten feet wide on each side of the actual paved or traveled roadway surface.
<br />Public Right-of-Way or Public Rights-of-Way means the surface, air space above the surface
<br />and the area below the surface of any public street, highway, lane, path, alley, sidewalk, trail,
<br />avenue, boulevard, drive, court, concourse, bridge, tunnel, park, parkway, skyway, waterway,
<br />dock, bulkhead, wharf, pier, easement or similar property or waters within the City owned by or
<br />under control of the City, or dedicated or otherwise conveyed to the City for general public use. No
<br />reference herein to a "public right-of-way" shall be deemed to be a representation or guarantee by
<br />the City that its interest or other right to control or use such property is sufficient to permit its use
<br />for the purpose of installing, operating and maintaining utility service facilities
<br />Utility Service means services provided by: (1) a public utility as defined in Minnesota
<br />Statutes; (2) a telecommunications, pipeline, community antenna television, fire and alarm
<br />communications, water, sewer, electricity, light, heat, cooling energy, or power services including
<br />wind generation; (3) a corporation organized for the purposes set forth in Minnesota Statutes; (4) a
<br />district heating or cooling system; or (5) a cable communication system as defined in Minnesota
<br />Statutes.
<br />(Code 1984, § 6.01; Ord. No. 77 2nd series, § 1, 1-8-1990)
<br />Cross reference(s)—Definitions generally, § 1-2.
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