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WHEREAS, Landowner was granted a Variance from the City per Resolution #14-06- <br />100 to encroach upon the required driveway setback for properties in the R-1 Residential District <br />and an Easement located along the northerly boundary of the Property by a distance of three (3) <br />feet as shown on Exhibit "A." <br />NOW, THEREFORE, in consideration of the mutual covenants contained herein and <br />other good and valuable consideration, the parties agree as follows: <br />1. The City hereby approves an encroachment on and over the Easements by <br />Landowner for the purposes of constructing a Driveway to access the Garage over that part of the <br />Easements as shown in Exhibit "A" subject to the terms of this Agreement. Landowner shall not <br />encroach upon the Easements greater than what is shown on Exhibit "A." <br />2. Nothing in this Agreement shall be deemed a waiver or abandonment of the <br />City's rights under the Easements. <br />3. Landowner shall be responsible for all costs relating to use, maintenance and <br />repair of the Driveway. <br />4. Landowner agrees to maintain positive drainage on the Subject Property and <br />existing grades at the property line so as not to negatively impact property to the north. <br />5. Landowner agrees that if the City, during its normal construction, reconstruction, <br />maintenance and/or repair of the public utilities of the City located within the Easements <br />including, but not limited to, watermain, sanitary sewer and/or storm sewer systems, deems it <br />necessary and expedient to excavate within the Easements, Landowner shall be responsible for <br />removing, reconstructing and/or repairing the Driveway and the City's only obligation shall be to <br />fill the excavated area and level the same to the grade that it was prior to the City's excavation. <br />Notwithstanding the above, in the event the City finds it is necessary to completely and totally <br />restore easement area, the landowner agrees to remove the Driveway that has been placed in the <br />Easements. Landowner will promptly comply with said removal request at his expense and will <br />remove the Driveway within sixty (60) days of the written request by the City. <br />2 <br />