|
the location,, size,, and design of the fence to the City Engineer prior to
<br />construction. Such drawing shall be done to the satisfaction of the City Engineer,
<br />or her designee. The City reserves the right to the future use of the full width of
<br />right- of- way for street, sidewalk or utility construction.
<br />3. ACCESS. The City maintains the right to have full access and use of the right-
<br />of- way. In consideration for this encroachment, the Owner hereby grants the
<br />City a waiver of trespass to allow any encroachment onto the subject property
<br />outside of the right- of- way area deemed necessary by the City or its agents to
<br />service,, repair, or replace the existing utility lines, future utilities, or other uses of
<br />the right- of- way area. In the event by the City accessing it's easement,, a portion
<br />of the Owner's fence or cart path needs removal, the Owner shall do so at their
<br />expense including the replacement thereof. The fence construction shall include
<br />the installation of moveable or removeable fence panels/gates that allow a
<br />10 I -wide ingress into the right- of- way.
<br />4. DEFEND, INDEMNIFY, AND HOLD HARMLESS. In consideration of being
<br />allowed to encroach on the City's right- of- way, the Owner, its successors, heirs,
<br />and assigns, hereby agree to defend, indemnify, and hold the City harmless from
<br />any damages caused to the subject property or any improvements on the subject
<br />property, including, but not limited to, fences, driveways,, vegetation,, or
<br />sprinklers, by the City or its agents in accessing the easement in serving,
<br />repairing, installing, or replacing the existing utility lines, future utilities, or other
<br />uses of the right- of- way area. Owner is responsible for restoring their
<br />encroachments after the City or its agents service, repair, install, or replace the
<br />existing utility lines, future utilities or other uses of the right- of- way area.
<br />5. TERMINATION OF AGREEMENT. The City may, at its sole discretion,
<br />terminate this Agreement at any time by giving the then owner of the subject
<br />property thirty (30) days advance written notice. The property owner shall
<br />remove the fence prior to the effective date of the termination of this Agreement.
<br />If the owner fails to do so,, the City may remove the fence without payment of any
<br />costs,, for any reason, to the then owner.
<br />6. RECORDING. This Agreement shall be recorded against the title to the subject
<br />property.
<br />Encroachment Agreement
<br />Page 2 of 3
<br />
|