Agenda - Council - 08/25/2015 - Laserfiche WebLink

Home

3. Grant of Easements. In anticipation of, and in consideration for, this Agreement, PSG, LLC and 2-01, LLC ("the LLCs") granted Public Street, Pedestrian Trail, Drainage and Utility Easements to the City, as outlined in the Construction Plan for the Riverdale Drive Extension dated June 19, 2014 ("Riverdale Extension Plan"). The Easements are generally portrayed as yellow highlighted areas on Exhibit 1. The executed Easements are attached as Exhibits 2 and 3. 4. Consideration. In consideration for the LLCs granting the Easements described in Paragraph 3, and for performing their other obligations as set forth in this Agreement, the City agrees to the following: a. The Riverdale Extension will be aligned so as to allow sufficient land (a minimum of 43,560 square feet) on that area of Outlot A Tooth Acres (marked as "C" on Exhibit 1) to provide one commercial, buildable lot. The remaining portion of "C" will be utilized for pedestrian trail facility and storm water purposes and PSG, LLC agrees to dedicate permanent trail and drainage and utility easements to the City consistent with those purposes. b. The City will construct the Riverdale Extension consistent with the engineering specifications referred to in the Riverdale Extension Plan. The City warrants that the Riverdale Extension will provide access to Outlot A Tooth Acres, Lot 1 Block 1 The Diamonds, and Outlot B Tooth Acres. All engineering and other ancillary costs associated with construction of the Riverdale Extension shall be at the City's expense. c. The City is responsible for any grading required for the construction of the Riverdale Extension. In order to facilitate the grading, the LLCs hereby grant to the City a temporary access easement over Lot 1 Block 1 The Diamonds, and Outlot A Tooth Acres, for the purposes of transporting fill. In addition, the LLCs agree that the City may obtain fill from the area designated as "D" on Exhibit 1. d. The City, with the cooperation of the LLCs, will obtain the appropriate permits and governmental approvals relating to the following: (i) mitigation for the storm water pond within that parcel marked as "E" on Exhibit 1; and (ii) construction of a storm water pond within a portion of Lot 1 Block 1 The Diamonds designated as "D." The LLCs will bear the expense of the actual filling, grading, or excavation of storm water ponds on "D" and "E," except that portion excavated and filled for the Riverdale Extension identified in Paragraph 4(c) above. The LLCs shall obtain all necessary City permits and approvals for the excavation and improvements for which they are responsible pursuant to this Paragraph.