Agenda - Council - 11/24/2015 - Laserfiche WebLink

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WHEREAS, the Driveway Extension was installed by the Landowner in 2004, predating any permit requirements of the City, is partially located within the Easements along the western boundary of the Property, and does not meet the required setback from the westerly boundary of the Property; and WHEREAS, Landowner was granted a Variance from the City per Resolution 915-11- 271 to encroach upon the required driveway setback for properties in the R-1 Residential District, contingent upon the Landowner upgrading the surface to comply with City Code Section 117-111 (R-1 Residential District) and executing an Encroachment Agreement with the City to address the portion of the Driveway Extension that encroaches four (4) feet into the Easements located along the westerly boundary of the Property, extending from the rear wall of the attached garage on the Property south as depicted on Exhibit "A". NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the parties agree as follows: The City hereby approves an encroachment on and over the Easements by Landowner for the purposes of maintaining the Driveway Extension over that part of the Easements as shown in Exhibit "A" subject to the terms of this Agreement. Landowner shall not encroach upon the Easements greater than what is shown on Exhibit "A." 2. Nothing in this Agreement shall be deemed a waiver or abandonment of the City's rights under the Easements. 3. Landowner shall be responsible for all costs relating to use, maintenance and repair of the Driveway Extension. 4. Landowner agrees to maintain positive drainage on the Property and existing grades along the western line of the Property so as not to negatively impact property to the west. 5. Landowner agrees that if the City, during its normal construction, reconstruction, maintenance and/or repair of the public utilities of the City located within the Easements including, but not limited to, watermain, sanitary sewer and/or storm sewer systems, or as needed to address drainage issues, deems it necessary and expedient to excavate within the Easements, 2