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<br />Ordinance No. 2006- )... i'K3 <br /> <br />3 <br /> <br />In the event that substantial improvements (excluding routine maintenance) are made to the <br /> <br /> <br />existing drainage channel by the City of La Porte or its authorized agent, it is hereby agreed that <br /> <br /> <br />said drainage channel will be realigned so as to be located wholly within said sixty (60) foot <br /> <br /> <br />wide drainage easement and the City of La Porte will subsequently release any prescriptive rights <br /> <br /> <br />to that portion of said existing drainage channel currently located on adjacent private property. <br /> <br /> <br />In connection with the construction and installation of any such storm water drainage facility <br /> <br /> <br />within the drainage easement, the City of La Porte will cause the existing paving within the <br /> <br /> <br />premises affected by the easement to be restored or replaced so that there continues to be <br /> <br /> <br />reasonably equivalent access over and across the premises affected by the drainage easement. <br /> <br />Section 3. No building, awning, overhang, paving (except for existing paving within the <br /> <br /> <br />easement, and replacement and restoration thereof), landscaping or other structure may be placed <br /> <br /> <br />on, over, or across the public utility easement descnbed in Section 2 of this ordinance. Provided, <br /> <br /> <br />however, nothing in this paragraph shall prevent the right of the owner of said property to <br /> <br /> <br />otherwise use the surface of said public utility easements so long as such use is not inconsistent <br /> <br /> <br />with the rights of the City of La Porte as described in Section 2 of this ordinance. <br /> <br />Section 4. The public utility easements retained in Section 2 and the provisions and <br /> <br />restrictions contained in Sections 2 and 3 of this ordinance may be redefined by mutual <br /> <br />agreement between the property and the City of La Porte. <br />