Laserfiche WebLink
WHEREAS, Landowner seeks permission from the City to partially encroach upon the <br />Easements up to a maximum of one (1) foot with eave overhangs into the side yard easements <br />(foundations would not encroach into the Easements). <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 of no more than one (1) foot on and <br />over the Easements by Landowner for the purposes of constructing and maintaining eave <br />overhangs over that part of the Easements subject to the terms of this Agreement. <br />2. Landowner shall not expand the eave overhangs in width, depth, or height unless <br />approved in writing by the City. If the eave overhangs are demolished, destroyed, or <br />substantially replaced, any replacement shall not encroach upon the Easements without written <br />consent of the City. <br />3. Nothing in this Agreement shall be deemed a waiver or abandonment of the <br />City's rights under the Easements. <br />4. The Landowner is responsible for all costs relating to use, maintenance and repair <br />of the eave overhangs. <br />5. Landowner agrees that if the City, during its normal construction, reconstruction, <br />maintenance and/or repair of the public utilities located within the Easements including, but not <br />limited to, watermain, sanitary sewer and/or storm sewer systems, deems it necessary and <br />expedient to excavate within the Easements, The City's only obligation shall be to fill the <br />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 restore the <br />easement area, the Landowner agrees to remove any accessory items that have been placed in the <br />Easements. Landowner will promptly comply with said removal request at their expense and <br />will remove any accessory use within sixty (60) days of the written request by the City. <br />6. In the event that Landowner fails to take any action required in this Agreement <br />and the City is required to repair, reconstruct or take other actions to maintain the City's utilities, <br />2 <br />