Res 2005-061 - Laserfiche WebLink

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Bk Vol Ps 05017346 OPR 2710 249 tracts through the "Truck Entrance" will be available to GRANTOR at all times during and after such construction, installation, repair, maintenance, or replacement of the underground pipelines. In connection with such construction, installation, repair, maintenance, or replacement of the underground pipelines, the CITY agrees, at the beginning of such construction, installation, repair, maintenance, or replacement of the underground pipelines, to add such additional gravel to the Truck Entrance and interior paved road as is reasonably required to provide an all-weather access to GRANTOR'S Parent Tract. The CITY shall have the right to use of GRANTOR's existing entrances and roadways and to that portion of GRANTOR's property outside of the Permanent and Temporary Easements as is reasonably required to restore the Permanent Easement and Temporary Easement, as provided herein, after the completion of any construction, installation, maintenance, replacement, or removal within the Permanent Easement. 12. Grantor acknowledges that the consideration paid for the rights granted herein includes payment for the revegetation of the surface of the Permanent Easement and Temporary Easement areas. Grantor accepts the responsibility and obligation to perform the revegetation upon the completion ofthe initial construction upon completion by the City of restoration of the surface of the affected area. After construction of the said pipelines, the CITY will restore the surface as nearly as practicable to its original condition so as not to affect normal drainage. The CITY agrees to compact all trench areas to a 95% compaction rate. Further, the CITY agrees to assume responsibility to perform any necessary surface restoration to the property required to correct subsidence occurring as a result of trenching for the installation of the pipelines for a period of three (3) years following completion of the initial installation of each of the permitted pipelines. 13. The CITY agrees In connection with closing the trench for the future wastewater pipeline installation and in connection with any such construction, maintenance, repair, relocation, replacing, or removing of said pipelines, to compact fill as required in Paragraph 10 above to preclude subsequent subsidence in the Permanent Easement, restore the surface as nearly as practicable to its original condition so as not to affect normal drainage and to replant the Permanent Easement and the Temporary Easement with replacement grass of a "like-kind", or better at the most appropriate planting time, by a contractor approved by GRANTOR, and said approval shall not be unreasonably withheld by GRANTOR. 14. The CITY agrees that the restoration of any portion ofthe area paved with asphalt lying along the roadway between the main entrance and the first interior cattle guard which is cut or damaged in connection with any such construction, maintenance, repair, relocation, replacing, or removing of the pipeline, shall be fully compacted and that new asphalt paving will be installed along the entire portion of the paved roadway lying between the main entrance and the first interior cattle guard. Further, CITY agrees to perform the paving restoration following the initial installation of the permitted pipelines in the following manner and timetable: a. Install a temporary asphalt patch over the damaged portions within 3 days; and b. Perform the permanent asphalt restoration within 30 days after the installed pipelines are tested and accepted, or within 6 months of the initial damages whichever comes first.