Section 106-149; Ord. 18454; Allowing a building permit to be issued to LeMone Properties, LLC for a structure in a utility easement along the west side of Lot 5 in Concorde Office and Industrial Plaza, Plat 1; approving a waiver of claim and indemnity agreement


Ordinance No.            18454                      Council Bill No.            B 78-05           


AN ORDINANCE

allowing a building permit to be issued to LeMone Properties, LLC for a structure in a utility easement along the west side of Lot 5 in Concorde Office and Industrial Plaza, Plat 1; approving a waiver of claim and indemnity agreement; and fixing the time when this ordinance shall become effective.

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBIA, MISSOURI, AS FOLLOWS:

    SECTION 1. The City Council determines that:

    a.    The request of LeMone Properties, LLC to construct a concrete block retaining wall ("the improvement") in a utility easement along the west side of Lot 5 in Concorde Office and Industrial Plaza, Plat 1 is reasonable.

    b.    The improvement as proposed contains adequate protection to insure full ingress and egress to all portions of the easement insuring full and safe maintenance, construction and reconstruction of all utility structures located or which could be located within the easement.

    c.    The improvement as proposed contains adequate protection to insure full use of the easement for utility purposes without danger to public property and to the health, safety and welfare of the citizens of the City.

    SECTION 2.  The City Manager is authorized to execute the waiver of claim and indemnity agreement with LeMone Properties, LLC, a copy of which, marked "Exhibit A," is attached to this ordinance.

    SECTION 3.  This ordinance shall be in full force and effect from and after its passage.

PASSED this ______ day of ______________________________, 2005.