Encroachment Permit. The City shall issue an encroachment permit to permit Developer to occupy the surface area of the eastern portion of Serra Avenue, consisting of the western seven (7) feet in width adjacent to the eastern right of way of Serra Avenue (as depicted on the final map and/or by way of a separate instrument), as well as the western twenty four (24) feet in width adjacent to the eastern right of way of Serra Avenue, starting a depth fourteen (14) feet below surface grade and an area starting at twenty five feet above finished surface. Five years after a certificate of occupancy has been issued to Developer, City will consider the abandonment of this area and the consequential extinguishment of any third party private easement claims, after compliance with legal notification and hearing requirements, if any, contained in state law and applicable local codes.
Appears in 2 contracts
Sources: Development Agreement, Development Agreement