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PROPOSED RESOLUTION <br />WHEREAS, the City of Little Canada owns and maintains an easement for <br />underground sewer over, under and across the South ten (10) feet of the North four <br />hundred and five feet (405) feet of the Parcel of real property known as 153 -155 <br />Little Canada Road (legally described on Exhibit "A" attached hereto); and <br />WHEREAS, said sewer easement is occupied by a sanitary sewer line running <br />from ten to twelve feet below the surface within said sewer easement; and <br />WHEREAS, the Southern -most tip of one of the garage buildings on the <br />above described premises encroaches approximately two (2) feet across the <br />sanitary sewer line located in the above described easement; and <br />WHEREAS, the City has determined that said sewer line may be maintained <br />and repaired without disturbing the encroaching garage building; <br />NOW, THEREFORE, be it resolved, that the City of Little Canada hereby <br />covenants and agrees with the current fee owner of the premises and its successors <br />and assigns, that it shall not disturb the above described garage building in the <br />maintenance or repair of the sewer line or in otherwise exercising its rights <br />pursuant to the above described easement. <br />42 <br />