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5. Landowners may not replace the fence in the City's side and rear yard right of <br />way/drainage and utility easement(s) if the fence is damaged more than fifty percent (501/o) of its <br />fair market value, as measured immediately prior to the damage. <br />6. The City may direct removal of the fence at the Landowners' sole cost and <br />expense, upon thirty (30) days written notice if the City determines that the fence interferes with <br />said use. City's use of easement(s) or it may cause upstream problems or property damages or <br />property damage or if Landowners has failed to comply with any City requirements associated <br />with the encroachment. If the removal is not completed by Landowners within the time <br />prescribed, the City may remove the encroachment(s) at Landowners' expense and Landowners <br />agree that the City may collect the costs of such removal as a special assessment against the <br />property. Landowners specifically waives the requirements for public hearings associated with <br />any assessment. <br />7. This ,Agreement shall run w4h the land and shall be recorded against the title to <br />the Subject Property. <br />CITY OF CENTERVILLE <br />By: <br />D. Love, Mayor <br />Teresa Bender, City Clerk <br />3 <br />