Agenda - Council - 04/28/2015 - Laserfiche WebLink

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nineteen feet [8' x 19'], including the stairway). The upper and lower decks (the "Deck") are located as shown on Exhibit "A," and the septic system (the "Septic System") is located on the Property as shown on Exhibit "B." NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the parties agree as follows: 1. The City hereby approves an encroachment on and over the Easements by Landowner for the purposes of using the existing Deck and Septic System over that part of the Easements as shown in Exhibits "A" and "B" subject to the terms of this Agreement. 2. Landowner shall not expand the Deck in width, depth, or height unless approved in writing by the City. If the Deck is demolished, destroyed, or substantially replaced, any replacement deck shall not encroach upon the Easements without written consent of the City. If the Septic System fails or is otherwise replaced, the replacement system shall not encroach upon the Easements without written consent of the City. 3. Nothing in this Agreement shall be deemed a waiver or abandonment of the City's rights under the Easements. 4. The Landowner is responsible for all costs relating to use, maintenance and repair of the Deck and Septic System. 5. Landowner agrees that if the City, during its normal construction, reconstruction, maintenance and/or repair of the public utilities located within the Easements including, but not limited to, watermain, sanitary sewer and/or storm sewer systems, deems it necessary and expedient to excavate within the Easements, Landowner shall be responsible for removing, reconstructing and/or repairing the Deck and/or Septic System. The City's only obligation shall be to fill the excavated area and level the same to the grade that it was prior to the City's excavation. Notwithstanding the above, in the event the City finds it is necessary to completely restore the easement area, the Landowner agrees to remove the Deck and/or Septic System that has been placed in the Easements. Landowner will promptly comply with said removal request 2