Resolution 957 - Laserfiche WebLink

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. ,"" r ...... , , , ""- . 6. The owner shall have the right to construct temporary or permanent structures within the easement area on the condition that wherever the lowest point of the footings for such structures are less than four (4) feet in vertical elevation above the outside top of the sanitary sewer pipe, that such additional and special footings, or other support structures, to be required shall be determined by the Village Engineer for the Village of New Brighton in accordance with usual and generally accepted engineering principles and practice s, which determination shall be made solely upon the criteria of adequate protection of the sanitary sewer pipe which may include footings wider and deeper than minimum requirements of the existing building code, reinforced footings and saddle-type bridge footings. The village engineer shall have the right to inspect all said work to assure protection of the sewer pipe and owner shall be required to repair or replace any damage to the sewer or appurtenances resulting from this construction. IT IS FURTHER STIPULATED by and between the Village of New Brighton, petitioner, and Fred Beisswenger, Julie Beisswenger and Rose Johnson, respondents herein, that the above entitled action, the taking of which has been amended by this Stipulation as herein above set forth, may be and hereby is compromised and settled to the satisfaction of the parties upon the following terms: 1. Petitioner, Village of New Brighton, will pay to the owner- respondents, Fred Beisswenger, Julie Beisswenger and Rose Johnson, the total sum of $7,450.00 as and for damages resulting from the taking as amended; it being understood and agreed, however, that petitioner, Village of New Brighton, has previously paid to owner-respondents $4,200.00, leaving a balance due and owing to owner-respondents of $3,250.00. 2. Petitioner, Village of New Brighton, will pay to the owner- respondents, Fred Beis swenger, Julie Beis swenger and Rose Johnson, the sum of $150.00 as and for reimbursement for appraisers fees paid to William F. Ward, Appraiser. 3. The Village of New Brighton agrees that at any time that it exercises its right to enter upon the above described easement for the purpose of repairs or otherwise exercises its rights in said easement, the Village of New Brighton shall, at its own expense, restore the easement to the condition that it is in at the time that entry is made or other right exercised; or in the alternative pay owner-respondents, or their heirs, successors and assigns, damages.