Resolution 957 - Laserfiche WebLink

Home Browse Search

"t _"'~, , ,~ r ....., ; res pondent owners, their succes sors and as signs, hereinafter referred to as Ilownerll, to erect temporary and permanent structures within the confines of such permanent sewer easement on the following terms and conditions: l. No permanent structure shall be erected within a radius of ten (10) feet of the center of the manhole which is presently in existence and located at the approximate centerline of the above described easement approximately 125 feet along the centerline of said easement from the easterly right-of-way line of 12th Avenue N. W., New Brighton, Minn. 2. The owner shall not so construct temporary or permanent structures so as to block access to such manhole by men and portable tools and equipment. 3. The owner may alter the grade of the land around said manhole and the Village of New Brighton shall, at its own expense, raise or lower the manhole in conformity to the grade so set. It is understood and agreed, however, that the Village of New Brighton will have the obligation to raise or lower said manhole because of owner1s change of grade of the land one time only. Any other raising or lowering of the manhole subsequent thereto shall be by the Village of New Brighton but at the expense of the owner. 4. The owner shall have the unrestricted right to construct temporary and permanent structures within the permanent easement area so long as the lowest point of the footings of such structure within such easement area shall be at least ten (10) feet in vertical elevation above the outside top of the sanitary sewer pipe. The Village Engineer shall have the right to inspect all such work to insure protection of the sewer pipe and owner shall be required to repair or replace any damage to the sewer or appurtenances resulting from such construction. 5. The owner shall have the right to construct temporary or permanent structures within the area of the permanent easement wherein the lowest point of the footings of such structures are at least four (4) feet in vertical elevation above the outside top of the sanitary sewer pipe on the condition that the footings for such structures shall be larger in width than the minimum required by the then existing building ordinance, which additional width shall be determined by the engineer for the Village of New Brighton in accordance with usual and generally accepted engineering principles and practices, which determination shall be made solely upon the criteria of adequate protection of the sanitary sewer pipe. The village engineer shall have the right to inspect all such work to insure protection of the sewer pipe. Owner shall be required to repair or replace any damage to the sewer or appurtenances resulting from such construction.