Ordinance 2971-07 - Laserfiche WebLink

(i) A dedication of new right of way for those portions of redesigned and reconstructed West Marine View Drive deemed necessary for transitional areas from the public road system to the private road system as determined by the City Engineer. Value of any such dedication to be based upon the same appraisal values as the vacated right of way; and/or (ii) By Statutory Warranty Deed, in a form acceptable to the City, documenting a conveyance by the Petitioner to the City, of any real property that is mutually agreed upon by both the City and the Petitioner to be exchanged for a portion or all of the remaining compensation due. Value of the exchanged real property shall be determined by independent appraisal acceptable to both parties; and/or (iii) Cash payment to the City by Petitioner for all or any remaining amount of compensation due. The City will not assess Petitioner interest on the compensation due under provisions of Section 4 of this Ordinance unless the Petitioner fails to comply with payment of compensation to the City as required. In the event of a failure to comply, in addition to the compensation Petitioner is responsible for herein, then the Petitioner shall also pay the City interest and attorney's fees/costs as set forth in Exhibit B. Section 5: Subject to the termination provision set forth in Section 10, below, the City hereby retains an easement to construct, reconstruct operate, maintain, repair, and replace all utilities under, over, and across said vacated 13 and 14 , streets, as legally described in Section 1 of this Ordinance. In the event that Petitioner does not remove and relocate all existing utilities within the easement as set forth in Section 10 below, the City further retains the right to grant to public and private utilities the right to construct, reconstruct, operate, maintain, repair, and replace existing or proposed utility lines including, but not limited to, cable, telephone, gas, and electrical under, over, and across the property above. The City further retains the right of access across adjoining properties for the purposes set forth herein. Section 6: Until termination of the easement as set forth in Section 10, below, at all times activities conducted in and around the herein described easement areas shall be conducted so as not to interfere with, obstruct, or endanger the usefulness of any improvements or other facilities now or hereafter maintained upon the easement areas or in any way interfere with, obstruct, or endanger the City's use of the easement areas. Section 7: Until termination of the easements as set forth in Section 10, below, prior to any construction, work, or other activity being conducted in or on the herein easement areas by anyone other than the City, a notification and plans for the same shall be submitted in writing to the City and no such construction, work, or activity shall be commenced without the City's prior written agreement that theroposed construction, work, or activity will not interfere with the City's easement described herein; PROVIDED, HOWEVER, any changes or revisions in the plans shall also be 3