2010-090 Council Resolution - Laserfiche WebLink

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G in writing when fill placement begins and when fill placement is ended. 5. Rehbein, T & G Properties and the City understand that lateral support for the Temporary Road will require the placement of substantial amounts of fill material within the boundaries of the Land on either side of the Temporary Road. 6. Rehbein and T & G are willing to grant the City an easement ( "Temporary Easement ") for the construction of the Temporary Road shown in Drawing 1 without payment for the acquisition of the Temporary Easement on and over the Land. 7. At the time the parties agree that the Temporary Road will be replaced by a permanent public road (upon plans and specifications found acceptable to the parties or upon the recording of a new plat providing publicly dedicated access between Main Street and Northern Lights Boulevard and the construction of the permanent public road as so dedicated), then this Temporary Easement shall terminate and be of no further force and effect. 8. Rehbein, T & G and the City agree that the Temporary Road shall remain in place until it is replaced by a permanent public road. Now, therefore, in consideration of One Dollar and other good and valuable consideration, the receipt and sufficiency is hereby acknowledged, the parties agree as follows: A. Recitals. The above Recitals constitute an integral part of the Agreement and are fully incorporated herein. B. Grant of Temporary Easement. Rehbein and T & G hereby grant, bargain, sell and convey to the City and its assigns the following temporary easement: A temporary road easement for the purpose of constructing and maintaining the Temporary Road on the Land, including storm water utilities associated with the Temporary Road. The City will have the right to place fill on the Land for the purpose of providing lateral support for the Temporary Road, provided the fill meets the definition 2 • • •