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Ordinance 1080-84
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Ordinance 1080-84
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4/5/2018 11:41:03 AM
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Ordinances
Ordinance Number
1080-84
Date
12/5/1984
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1 construction, work, or activity shall be commenced without City's prior written <br /> 2 agreement that the proposed construction, work, or activity will not interfere with the <br /> 3 City's easement described herein; PROVIDED, HOWEVER, any changes or revisions in <br /> 4 the plans shall also be subject to City's prior agreement. The City's review of the plans <br /> 5 under this easement shall not be deemed to impose any duty or obligation on the City to <br /> 6 determine the adequacy or sufficiency of the plans and designs nor determine whether <br /> 7 said construction, work, or activity is in conformance with other applicable plans, <br /> 8 codes, and regulations. Further, agreement by the City to such construction, work, or <br /> 9 activity shall not in any manner be considered as imposing any obligation, duty, or <br /> 10 liability upon the City as to the safety or propriety of such construction, work, or <br /> 11 activity. <br /> 12 Section 7: The City is hereby authorized to cut, trim, and remove any and all <br /> 13 brush, trees, other vegetation, or debris upon the herein easement and the City has the <br /> 14 right of access across adjacent properties for such purposes. The City is also <br /> 15 authorized to cut, trim, and remove any and all brush, trees, other vegetation, and <br /> 16 debris on property adjacent to the easement which, in the City's reasonable judgment, <br /> 17 constitutes a hazard to the easement and the City has the right of access across <br /> 18 adjacent properties for such purposes. <br /> 19 Section 8: In the event any improvements are placed in/on the herein <br /> 20 described easement or anything is constructed in/on the easement without the written <br /> 21 approval of the City Engineer first having been obtained, all such activity shall cease <br /> 22 upon request of the City Engineer, and any and all improvements placed thereon <br /> 23 without the written agreement of the City Engineer shall be removed. In the event <br /> 24 prior approval is not obtained, the City is hereby authorized to remove any and all <br /> 25 improvements placed or constructed thereon and the City, its officers, employees, and <br /> 26 agents are hereby held harmless from damage caused to said improvements from <br /> 27 removal thereof. The City is hereby authorized to charge for any and all costs incurred <br /> 28 by the City in removing the improvements. This right is in addition to any other right <br /> 29 the City may have at law or in equity. <br /> 30 Section 9: That all monies derived from the sale of the above-described <br /> 31 right-of-way vacation shall be deposited in the "Real Property Acquisition Fund." <br /> 32 <br /> -4- <br />
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