Agenda - Council - 09/12/1989 - Closed Executive Session and Regular Meeting

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Easterly fro~. the hester]y boundary of the sub]ect p~emzse$ and at tNe south end thereof, the Westerly edge of said roadway com~er,~;nc a~,; rc>.~maiiey 12.125 feet Latterly ftc.- the Wester]y boundary of the sub3ect premises. The existing roadway, therefor, substantial]}' encroaches onto ApDlicants' property not reserved for roadway purposes. 4. 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. 5. ..... With respect to the portion of the roadway-which encroaches onto the Applicants' pti,ate property~ a. Applicants specifically deny an}. 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 /ts unimproved status. c. Defendant agrees that at such time as when the roadway is to be improved by the City through 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 '" ~r Pe'~a~'e~t-improvements be consiae~ed, e.g. sewer and water lines or other utility services or blacktop, which depend upon' the correct placement of t~e 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