1989 AGN JUL 18 I21 - Laserfiche WebLink

Browse Search

1. DISTRICT hereby consents to CITY'S construction, reconstruction, and maintenance of a reinforced box culvert and appurtenances thereto, at CITY'S sole expense within the AREA OF OWN USE and to allow CITY and the traveling public to occupy and use said AREA OF CMM USE for street and highway purposes; provided, however, that no such construction, reconstruction or maintenance, operation, occupancy, or use shall be affected by the CITY, its successors or assigns, in any manner which, in the opinion of the Chief Engineer of the DISTRICT, may interfere - or conflict with any structures, facilities, operation or uses which DISTRICT has or intends to have upon said lands, without first submitting plans of such occupancy or use to DISTRICT'S Chief Engineer at least thirty days prior to the date of such intended occupancy or use and obtain his written approval therefore, which approval shall not be withheld, if in the opinion of the Chief Engineer, the proposal does not interfere or conflict with the DISTRICT'S interests; and providing further that CITY, its successors and assigns shall assume full responsibility for the operation and maintenance of the reinforced box culvert and roadway facilities (including all roadway culverts, pipes and those portions of the reinforced box culvert structure, including approaches, sidewalks and other appurtenant works, located above the bottcm plane of the reinforced box -culvert seats or soffit of deck structure, (whichever is lowest) , including the warped wing walls located upstream and downstream of the box culvert. 2. CITY acknowledges DISTRICT'S right to AREA OF ON USE and the priority of DISTRICT'S right within DISTRICT IAND.S. Except in emergencies, CITY shall give reasonable notice to and obtain approval from the DISTRICT Page 2 of 4 FA28816