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2006/09/13 Council Agenda Packet
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2006/09/13 Council Agenda Packet
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Council Agenda Packet
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9/13/2006
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Easement. Grantor reserves the right to grant other non-exclusive easements, franchises <br /> and/or permits across Grantor's property; provided, that such easements, franchises or permits <br /> shall not permit uses that unreasonably interfere with the City's authorized use of the property <br /> under this Easement. <br /> 3. Prior to any construction, work or any other activity by Grantor within the <br /> Easement Area, notification and plans for the same shall be submitted in writing to the City by <br /> the Grantor and no such construction, work or activity by Grantor shall be commenced <br /> without City's prior written agreement that the Grantor's proposed construction, work or <br /> activity will not interfere with the City's Easement granted herein; PROVIDED, HOWEVER, <br /> any changes or revisions in the plans shall also be subject to City's prior agreement. The <br /> City's review of the Grantor's plans under this Easement shall not be deemed to impose any <br /> duty or obligation on the City to determine the adequacy or sufficiency of Grantor's plans and <br /> designs nor whether Grantor's construction, work or activity is in conformance with other <br /> applicable plans, codes and regulations. Further, agreement by the City to such construction, <br /> work or activiiy shall not in any manner be considered as imposing any obligation, duty or <br /> liability upon the City as to the safety or propriety of such construction work or activity. <br /> 4. Neither Grantor nor any other holder of a non-exclusive easement, franchise or <br /> permit may erect or construct any building or structure, or other obstruction on said Easement <br /> Area that prevents City access to its facilities without the prior written consent of the City. In <br /> the event Grantor places any such improvements on or in the Easement Area without first <br /> having obtained the written approval of City Engineer, the Grantor shall cease all such activity <br /> and remove any and all such improvements placed therein without the written agreement of <br /> City Engineer. In the event Grantor fails to obtain prior approval. Grantor hereby authorizes <br /> City to remove any and all such improvements placed or.constructed therein and hold City, its <br /> officers, employees and agents harmless from damage caused to said improvements from <br /> removal thereof. Grantor further agrees to pay City for any and all costs incurred by City in <br /> removing the improvements. This right is in addition to any other right City may have at law <br /> or in equity. <br /> I (3 <br />
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