Agenda - Council - 04/13/2021 - Laserfiche WebLink

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WHEREAS, Landowner seeks permission from the City to partially encroach upon the Easements up to a maximum of one (1) foot with eave overhangs (foundations would not encroach into the Easements). 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 of no more than one (1) foot on and over the Easements by Landowner for the purposes of constructing and maintaining eave overhangs (the "Overhangs") over that part of the Easements subject to the terms of this Agreement. 2. Landowner shall not expand the Overhangs in width, depth, or height unless approved in writing by the City. If the Overhangs are demolished, destroyed, or substantially replaced, any replacement 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 Overhangs. 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 that portion of the Overhangs within the Easements. 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 that portion of the Overhangs that has been placed in the Easements. Landowner will promptly comply with said 2