2005-04-27 CC Packet - Laserfiche WebLink

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1. The City hereby grants Landowners permission to encroach into the City's right- of-way/easement for Street to the extent indicated on the Certificate of Survey attached hereto as EXIDBIT "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 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/easement. 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/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. The City does not warrant title or guarantee the continuing right of Landowners 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"10) 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 said use. 2