Res 2003-144 - Laserfiche WebLink

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12. It is understood and agreed that the pipeline shall be installed via trenching and a boring operation. The boring operation shall extend across those portions of Grantor's lands as described on the attached plat, and that the City receives no fights to trench or excavate the area of the bore for any reason during the term of the easement. The City is granted the right to create a bore pit adjacent to the bore area for the installation and repair of the wastewater pipeline; 13. Grantee shall contactYGrantor/a minimum of three (3) days prior to initiating operations for primary and secondary operations to provide Grantor advance notice of the intended construction operations; 14. It is understood and agreed that the City shall repair the surface of the ground disturbed by the initial construction or any subsequent operation. The surface of the land shall be restored to a condition equal to or better than that existing prior to the City's operation. It is understood that this obligation shall not extend to replacement of the improvements included in the compensation described in paragraph 1 above (the smoke house and greenhouse slab) where the City shall restore the ground as an unimproved area. All unimproved areas (no improved lawns or gardens, and including the areas where the slab and smokehouse are currently located) will be revegetated in accordance with City of San Marcos ordinances. Any disturbed areas in use by Grantor as gardens or planting beds shall be returned to a condition appropriate for that continued use by Grantor. Any disturbed areas in use by Grantor as improved lawn shall be re-sodded with similar grass or any other grass or ground cover approved by Grantor. 15. The City shall have no obligation to compensate Grantor for any trees or plantings damaged or destroyed within the easement area to be trenched; however, the City shall no right to clear or otherwise damage or destroy that portion of Grantors yard, trees and shrubs within the area to be bored; 16. It is understood and agreed that Grantor shall remove all personal property and garden plantings from the permanent and temporary easement area prior to the initial construction; and 17. It is understood and agreed that the City shall demolish and remove the smokehouse and greenhouse slab at the City's expense. IN WITNESS WHEREOF, this instrument was executed as of the date first written above.