2006-05-10 CC Packet - Laserfiche WebLink

Home Browse Search

t> .. 1. The City hereby grants Landowners permission to encroach into the City's right- of-way/easement for "O~ ~\).t W- Street to the extent indicated on the Certificate of . Survey attached hereto as EXHIBIT "A". 2. Nothing in this Agreement shall be deemed an abandonment, vacation or waiver of the City's interest in the right-of-way/easement. 3. Landowners, for themselves, their heirs, successors and assigns, hereby agree to de(end, indemnify and hold.,the City harmless from ap costs and expenSes, cl~ and liability, including .attorney fees,,::relating to or arising out of the grant to. Landowners of permission to . . encroach into the City's right-of-way/easement. Landowners further agree to indemnify and hol~ the City harmless from any damage caused to the SubjeCt PrOperty . as' "~"result of maintenance of the City's right-of-way/easement, including any damage to the (insert description ie:House and Sheds) caused in,whole or part by the encroachment into the City's right-of-way/easement. 4. Tb,e City does not warrant title or guarantee the continuing right 6fLando~ers to maintain the (insert description ie: House and Sheds) in the City's right-of-way/easement. .5. Landowners may not replace the (Insert description ie: House) in the City's right- of-way/easement if the (Insert description ie: House) is damaged to more than.fifty percent (50%) of its fair market ,value, as measured immediately prior to the damage. 6. The City may direct removal of the (Insert description ie: Sheds), at the Landowners' sole cost and expenSe, upon thirty (30) days written notice if the City determines it has a use for the right-of-way/easement and that the (Insert description ie: Sheds) interfere with , . . s,aid use. 2 jJ