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Res 2002-100
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6/26/2006 2:13:23 PM
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6/26/2006 2:13:02 PM
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City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2002-100
Date
5/20/2002
Volume Book
148
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<br />Do~ Bk Vol <br />~ 14188 OPR 2003 <br /> <br />~~g <br />~c.B <br /> <br />portion of the Easement Area shall be expressly subordinate to the Grantee's rights under this <br />Easement. <br /> <br />Limitations on Use and Interference with Grantor's lJse of the Easement Area <br /> <br />Grantee's operations with respect to water and wastewater pipelines within the Easement <br />Area shall be conducted so as to minimize any potential interference with Grantor's surface uses of <br />the Easement Area and Grantee's operations shall be subject to the reasonable restrictions of Grantor <br />with respect thereto, provided, that Grantee shall never be denied the use and enjoyment of the <br />Easement for the purposes for which it has been granted, Grantee agrees that, unless otherwise <br />agreed to by Grantor, it will install any water and wastewater pipelines or associated equipment <br />under driveways or sidewalks currently existing on the Easement Area through the use of tunneling, <br />boring, jacking, or other techniques which will not unreasonably cbstruct, impede, or otherwise <br />damage the driveways or sidewalks in any material way. <br /> <br />Grantee's activities hereunder with respect to water and wastewater pipelines shall at all <br />times be coordinated with Grantor and shall be conducted so as to minimize, to the extent reasonably <br />practicable, the disruption of classroom activities at Grantee's school facilities, or t.iJe obstruction <br />of Grantor's access to any driveway, sidewalk, or roadway existing on the Easement Area. <br /> <br />Other than along the pre-approved route for installation of new water and wastewater <br />pipelines, Grantee shall not have the right to destroy any tree with a trunk caliber larger than four <br />inches without the express, \\Titten consent of Grantor. Grantor may, in its sole discretion, prohibit <br />the destruction of such trees, allow Grantee to relocate one or more such trees at Grantee's expense, <br />or accept a mutually agreed sum as compensation for the destruction of one or more trees. Grantee <br />shall otherwise have the right to remove vegetation from the easement for purposes of installing, <br />operating, and maintaining buried water and wastewater pipelines, but shall restore such vegetation <br />as soon as practicable following removal. <br /> <br />In the event Grantee's use of the Easement Area with respect to water and wastewater <br />pipelines disrupts the access to Grantor's property for transportation or utilities, Grantee shall <br />irr..mediately notify Grantor and shall provide, at Grantee's expense, alternate access to the Grantor's <br />property that may be necessary due to Grantee's use of the Easement Area. <br /> <br />Interference with Groundwater and Indemnification Agreement <br /> <br />Grantee agrees that its use of the Easement Area with respect to water and \vastewater <br />pipelines will not materially restrict, impede, contaminate, or otherwise materially alter the flow of <br />groundwater through or across the Easement Area, and that Grantee, to the full extent of its liability <br />under applicable law, will indemnify and hold harmless Grantor from any actual loss resulting from <br />the material restriction, impediment, contamination, or other material alteration of the flow of such <br />groundwaterresulting from Grantee's use of the Easement Area. Such indemnification shall extend, <br /> <br />San I>iarcoSiDe Zavala Road Easement <br />Easement Agreement - May 24, 2002 <br />Page 2 of7 <br />
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