04-13-2015 Council Packet - Laserfiche WebLink

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1 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 at the northeast corner of said Southwest Quarter of the Southwest Quarter; thence on an assumed bearing of South 00 degrees 21 minutes 12 seconds East, along the east line of said Southwest Quarter of the Southwest Quarter, o distance of 72.22 feet; thence northeasterly a distance of 98.04 feet along a non—tangential curve concave to the southwest having a radius of 225.00 feet, o central angle of 24 degrees 57 minutes 53 seconds and a chord that bears North 65 degrees 47 minutes 53 seconds West; thence North 00 degrees 02 minutes 49 seconds East. not tangent to lost described curve. a distance of 32.42 feet to the north line of said Southwest Quarter of the Southwest Quarter; thence South 89 degrees 57 minutes 11 seconds East, along sold north line a 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