2006-07-12 CC Packet - Laserfiche WebLink

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1. The City hereby grants Landowners permission to encroach into the City's right- of-way/drainage and utility easement for their side, rear yard or both easement(s) to the extent indicated on the Certificate of Surveyattacbed hereto as EXHIBIT '"A>t > 2, Nothing in this Agreement shall be deemed an abandonment, vacation or waiver oftbe City's interest in the right-of-way/drainage and utility easement(s). 3. Landowntrs, for themselves, their heirs, successors and assigns, hereby agree to defend, indemnify and hold the City harmless from all costs and expenses, claims 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/drainage and utility easement(s). Landowners further agree to indemnify and hold the City harmless from any damage caused to the Subject Property as a result of maintenance of the City's right-of-way/drainage and utility easement(s), including any damage to the fence caused in whole or part by the encroachment into the City's right-of- way/drainage and utility easement(s). 4. The City does not warrant title or guarantee the continuing right of Landowners to maintain the fence in the City's right-of-way/drainage and utility easement(s). 5. Landowners may not replace the fence in the City's right-of~way/drainage and utility easement(s) if the fence is damaged to more than fifty percent (50%) ofits fair market value, as measured immediately prior to the damage. 6. The City may direct removal of the fence, at the Landowners' sole cost and expense, upon thirty (30) days written notice if the City determines it bas a use for the right-of- way/drainage and utility easement(s) and that tbe fence interfere with said use. 1. This Agreement shall ron with the land and shalt be recorded against the title to the Subject Property. 2 W-)