2019-008 Council Ordinances - Laserfiche WebLink

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I and Parcel 2 for roadway, drainage and utility purposes from Old Birch Street to the Saddle Club First Addition. Easement 1. Grantor, in exchange for the promises set forth herein and a single payment of $5,000.00, hereby grants to Grantee an easement, as further described below, across the following portion of Parcel 1: Beginning of the northeast corner of said Southwest Quarter of the, Southwest Quarter; thence on on assumed hearing of South 00 degrees 21 rninules 12 seconds East, along the Last lint: of Said Southwessl Quarter of the Soutiiwesl Quarter, a distance of 72.22 foot; thence northeasterly a distance of 98.04 feel along a non-targentiol curve concave to Vie southwest hoeing a radius of 27800 feet, o cenfrot angle of 24 degrees 57 minutes 5.3 seconds; and o chord tholl hears North 65 deareer. 47 minutes 53 sec.or,ds West; thence North 00 degrees, 02,, rninutes 49 seconds Fast, not, langont to lost described curve, o distnnca of 37.42 fact Ie Inc north line of said Southwest Quarter of the Southwest (kiortur; thence South 89 re9fe.os 57 rninutos 11 sacond3 East, olang said north line o distance of 88.24 feet to the point of beginning. As well as across the entirety of Parcel 2 (collectively, "the Easement Area"). The Easement Area is shown as the"Proposed Roadway Easement" on the attached Sketch and Description. 2. Grantor grants Grantee a perpetual Easement(a) over and across the Easement Area for the purpose of constructing, using and maintaining a public street and sidewalk, and (b) under the Easement Area for the purpose of constructing, using and maintaining public and municipal utilities, storm water drainage facilities, and all uses related thereto, in accordance with applicable City, State and Federal laws and regulations, all at no expense to Grantor, on the terms and conditions set forth herein. This Easement includes the right to modify the existing grading, clear trees and brush on the Easement Area and otherwise alter the Easement Area as needed to accomplish the aforementioned purposes, provided that no utility lines or conduits or other facilities or equipment shall be constructed above ground. 3. This Easement is granted subject to all matters of record. 4. Whenever pursuant to this Agreement Grantee constructs any improvements in connection with the use and enjoyment of the Easement granted herein, it is understood and agreed that such construction shall be performed in accordance with the following requirements: All such construction shall be performed in a good and workmanlike manner in accordance with sound engineering practice and in compliance with all applicable laws, ordinances, rules and regulations of all local, state and federal agencies and authorities having jurisdiction thereof, and All such improvements shall be constructed and completed free of any mechanic's or materialman's lien, and Grantee hereby agrees i)to indemnify and hold Grantor harmless from and against all loss, damage, cost, expense, action or cause of 2