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m <br /> AGREEMENT <br /> TH I S AG REEEIT made and entered into by and between <br /> the owner of the apartment complex at 550 Sandhurst Avenue, referred to as Palisade <br /> Apartments, hereafter "Owner" and the City of Rosevil-le, hereafter "City." <br /> WHEREAS, the City owns a sanitary sewer easement along the east side of the <br /> building at 550 Sandhurst Avenue and a portion of the southeast corner of said building <br /> encroaches into said sanitary surer easement area; <br /> WHEREAS, the owner has requested that the City vacate a portion of the sanitary <br /> sewer easement at the location of the encroachment: <br /> WHEREA , if it is necessary for the City to excavate to the sanitary surer I ine runn i n g <br /> through the sanitary sewer easement, the excavation will be significantly more difficult and <br /> costly if the sanitary sewer easement is vacated as requested by the owner, because of the <br /> inability to use gradual slopes in the excavation- and <br /> WHEREAS, the parties desire that this agreement provide for the owner to pay the <br /> additional cost of said excavation caused by the granting of a vacation of a portion of the <br /> sanitary sewer easement. <br /> NOW, THEREFORE, IT IS HEREBY AGREED by and between the parties as follows: <br /> 1. In the event the City vacates a portion of the sanitary sewer easement adjacent <br /> to 550 Sandhurst Avenue, legally described as follows: <br /> the owner agrees to reimburse the City for additional costs which may be incurred by the <br /> City caused by the vacation of the easement, in the event it is necessary to perform <br /> construction work on the sanitary surer line. <br /> 2. It is agreed that if the owner does not'pay the additional cost when b i I led by <br /> the City, that said cost may be certified to the County for inclusion along with the ownerfs <br /> real estate taxes on the tax statement on said property. <br />