1985-08-05 Easement Agreement - Laserfiche WebLink

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J. Construct the drainage ditch )ank to be at a four to one slope ratio or such other slope as owner and City may hereafter agree upon. 4. Resod the ditch bank once the construction and cleaning work has been completed. 5. City will use its best efforts to attempt to remove a utility power pole from the west side of the newly created and defined Briar Street to the east side of the new Briar Street. 6. The City will use its best efforts and every available means to have repairs promptly made to the tile line on the Dayton property to avoid or minimize any damage to owners property if the line should break or fail. Owner agrees that the Easement Parcel shall not be encroached upon by filling, excavation, erection of buildings or permanent enclosures, which would interfere with the Public Improvements or which would otherwise obstruct access thereto in any manner whatsoever. In the event that use of the Easement Parcel is at any time discontinued by the City, the City shall have the right, but not the duty, to enter further upon the premises and remove all or any portion of the Public Improvements which have been placed upon, over or under the Easement Parcel, granted herein, by the City. The terms and provisions of this instrument shall run with the premises and shall extend to and be binding upon Owner, its heirs, personal representatives, succes.ors and assigns. The Owners covenant that they are the record tee owners of the Easement Parcel and have legal title thereto and have lawful right and authority, without restriction, to convey the easement as herein granted. State Deed Tax Due Hereon: Exempt IN TESTIMONY WHEREOF, the owner has caused these presents to be executed the day and year first above written. �1 l Alexander J.,Oentilucci ianne VVJentil (-Cl -2-