Agenda - Council - 05/13/1997 - Laserfiche WebLink

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Easterly from the Westerly boundary of the subject premises and at the south end thereof, the Westerly edge of said roadway commencing approximatley 13.125 feet Easterly from the Westerly boundary of the subject premises. The existing roadway, therefor, substantially encroaches onto Applicants' property not reserved for roadway purposes. Said roadway is temporary and unimproved, without any perma- nent or temporary surface toppings and without curbings or gutters, the surface thereof consisting of the graded earth. With respect to the portion of the roadway which encroaches onto the Applicants' private property~ a. Applicants specifically deny any intent to dedicate said lands to the public for roadway purposes. b. Applicants agree that said roadway may remain in its present location so long as it retains its unimproved status. c. Defendant agrees that at such time as when the roadway is to be improved by Lhe City thrQugh the installation of blacktop, sewer or water, that said roadway will be relocated into the boundary established by the appli- cable roadway easement. d. Defendant agrees that contemporaneously with any reloca- tion of the roadway, that it shall take the necessary legal proceedings to vacate the encroaching portion of the roadway as a public road, said proceedings to be at no direct cost to the Applicants, and to effectuate a conveyance thereof to the Applicants. e. Defendant further agrees that should permanent services or permanent improvements be considered, e.g. sewer and water lines or other utility services or blacktop, which depend upon the correct placement of t'he roadway, or which are customarily placed in relation to boundary lines, that the Defendant will relocate the road prior to the installation of such services or improvements; and further that' it shall not issue any building I I I ! I I I i I I ! I I I I I I I I