2006-04-24 Regular Meeting, Public Hearing and Workshop Meeting

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Ordinance No. 2006- A gK3 3 in the event that substantial improvements (excluding routine maintenance) are made to the existing drainage channel by the City of La Porte or its authorized agent, it is hereby agreed that said drainage channel will be realigned so as to be located wholly within said sixty (60) foot wide drainage easement and the City of La Porte will subsequently release any prescriptive rights to that portion of said existing drainage channel currently located on adjacent private property. In connection with the construction and installation of any such storm water drainage facility within the drainage easement, the City of La Porte will cause the existing paving within the premises affected by the easement to be restored or replaced so that there continues to be reasonably equivalent access over and across the premises affected by the drainage easement. Section 3. No building, awning, overhang, paving (except for existing paving within the easement, and replacement and restoration thereof), landscaping or other structure may be placed on, over, or across the public utility easement described in Section 2 of this ordinance. Provided, however, nothing in this paragraph shall prevent the right of the owner of said property to otherwise use the surface of said public utility easements so long as such use is not inconsistent with the rights of the City of La Porte as described in Section 2 of this ordinance. Section 4. The public utility easements retained in Section 2 and the provisions and restrictions contained in Sections 2 and 3 of this ordinance may be redefined by mutual agreement between the property and the City of La Porte.