Res 1988-053 - Laserfiche WebLink

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2.05. -3- Owner understands that there may be incidental damage or alteration to the subject property in the course of performing test hole construction. Said incidental damage shall not be the responsibility of the City, its employees, servants, agents or contractors. However, City shall endeavor to minimize any such alteration and reasonably restore any alterations to the same condition which existed prior to the commencement of the test hole construction. No trees shall be removed unless the prior approval of Owner is obtained. ARTICLE 3. LAND SA LE land upon Owner agrees to convey to City fee simple interest in each area of which owner, to construct tracts, City intends, with the approval of a water production facility not to exceed a total of three toge ther and with a right-of-way for access easement to egress from each tract of land for said water production power supply facility, fac i 1 i ty and easement(s} for supplying power to each water production and for easements waterlines sufficient allow to the Article 4, connection of each facility to the water transmission line described in reasonable below. Such conveyance(s) shall take place within a time of City's determination that it intends to construct a permanent water production facility or facilities on Owner's property. 3.01. 3.02. 3.03. 3.04. 3.05. 3.06 Consideration for the fee simple conveyance shall be the sum of $15,000.00 for each tract conveyed. The fee simple conveyance shall consist of no more than 1 acre of land for each tract conveyed for permanent water production facility. The exact accordance location of such facility sites shall be in with the terms of this Agreement. The right-of-way easement for access to and egress from each production facility site shall contain provisions reasonably necessary to allow Owner to terminate said right-of-way easement by providing a substitute right-of-way easement to each permanent facility in connection with Owner's development of said 429 acres of land. Such substitute right-of-way easement to be over and across Ownerls completed roadways and any additional right-of-way required for access to and egress from each permanent facility. Owner shall be responsible for any clearing and grading of substitute right-of-way easement that does not fall within Owner's developed roadways. Any easement conveyed by owner for the purpose of furnishing power to a permanent water production facility shall be specifically limited to underground power lines except where said easement is located along the route of overhead lines which exist at the time of the conveyance and except where said easement is located along the rear property lines of platted lots. The route (location) of all easements to be conveyed by Owner under the provisions of this agreement shall be determined by City but subject to the approval of Owner which approval shall not be unreasonably withheld.