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09-2061 Authorizing Wirz Park Temporary Construction Easements
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09-2061 Authorizing Wirz Park Temporary Construction Easements
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9/12/2022 4:21:20 PM
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9/12/2022 4:18:18 PM
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City Clerk
City Clerk - Doc Type
Resolutions
City Clerk - Date
8/10/2009
Doc Number
09-2061
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2. GRANTORS do hereby grant and convey to the CITY, its contractors and/or <br />other agents, permission, to be exercised during the period of construction of the Trail, to <br />enter upon the Easement Area to install and construct the Trail on property adjacent to the <br />Easement Area. GRANTORS, their successors and assigns, agree not to build, construct <br />or create any building or other structure in the Easement Area which may interfere with the <br />construction of the Trail. <br />3. This easement shall expire upon completion of the Trail, as described in <br />paragraph 2 above, or two (2) years from the last date of execution of this easement, <br />whichever occurs first. CITY agrees to execute and record an instrument vacating this <br />Temporary Construction Easement upon completion of the Trail. <br />4. GRANTORS do hereby covenant with the CITY that they are lawfully seized <br />and possessed of the real estate herein described and that they have good and lawful right <br />to convey this easement. <br />5. To the extent allowed by law, the CITY shall be responsible for all damage or <br />injury to GRANTORS' Property of any character during the construction of the work on the <br />Trail, resulting from any act, omission, neglect or misconduct in the CITY=s manner or <br />method of constructing the Trail satisfactorily. When or where any direct or indirect <br />damage or injury is done to GRANTORS' Property by or on account of any act, omission, <br />neglect or misconduct in the execution of the work on the CITY's part, the CITY shall <br />restore, at its own expense, such property to a condition similar or equal to that existing <br />before such damage or injury was done, by repairing, rebuilding, or otherwise restoring as <br />may be directed, or CITY shall make good such damage or injury, in an acceptable <br />manner. Specifically, upon completion of any installation, CITY agrees to replace and <br />2 <br />
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