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2006-05-10 CC Packet
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2006-05-10 CC Packet
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4/13/2010 2:24:16 PM
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5/5/2006 12:27:43 PM
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<br />'. <br /> <br />1. The City hereby grants Landowners permission to encroach into the City's right- <br />of-way/easement for ;lc,"", 'Atuf..N Street to the extent indicated on the Certificate of <br /> <br />Survey attached hereto as EXHIBIT "A". <br /> <br />2. Nothing in this Agreement shall be deemed an abandonment, vacation or waiver <br /> <br />of the City's interest in the right-of-way/easement <br /> <br />3. Landowners, for themselves, their heirs, successors and assigns, hereby agree to <br /> <br />defend, indemnify and hold the City harmless from all costs and expenses, claims and liability, <br /> <br /> <br />including:a1tOmey fees, relating to or ariSing out of the grant to Landowners of permission to <br />, '. <br /> <br />encroach into the City's right-of-way/easement Landowners further agree to indemnify.and <br /> <br />hold the City harmless from any damage caused to the' SubjectPropertyagi'a re~t of <br />maintenance of the City's right-of-way/easement, including any damage to the (insert <br /> <br />description ie:House and Sheds) caused in whole or part by the encroachment into the City's <br /> <br />right-of-way/easement <br /> <br />. 4. The City does not warrant title or guarantee the continuing right of Landowners to <br /> <br />maintain the (insert description Ie: House and Sheds) in the City's right-of-way/easement <br /> <br />5. Landowners may not replace the (Insert description Ie: House) in the City's right- <br /> <br />of-way/easement if the (Insert description Ie: House) is damaged to more than :fifty percent <br /> <br />(50%) of its fair market value, as ~easured immediately prior to the damage. <br />6. The City may direct removal of the (Insert description Ie: Sheds), at the <br />Landowners' sole cost and expense, upon thirty (3'0) days written notice if the City determines it <br /> <br />has a use for the right-of-way/easement and that the (Insert description Ie: Sheds) interfere with <br /> <br />said use. <br /> <br />2 <br /> <br />S~ <br />
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