Resolutions-2001-27

7. Upon approval of the subdivision to be completed by Johnston-Potterfield, and upon application for a building permit for the four (4) lots on the southwest corner of his property, the City shall provide water service to the site boundary. Johnston-Potterfield shall provide for a water easement along the south boundary of their property and thence north through the existing ravine. The area shall be zoned at the time of the completion of the subdivision, and it shall be zoned in a manner that would allow for the construction of single family homes upon the four (4) lots. The four (4) lots proposed shall be served by a private right-of-way of sixty-six feet (66'), which may be dedicated to the City at Johnston-Potterfield's option. The City shall retain the right to use the right-of-way as an easement for access to its water tower. Johnston-Potterfield shall maintain the right-of-way so long as he owns it. It is understood that Johnston-Potterfield may use the existing private road for use of the four lots proposed and shall not be required to improve the private access road unless or until additional development is requested. 8. Johnston-Potterfield shall make application to the City for the voluntary annexation of his property. 9. The City shall provide water main service to the site boundary of Johnston-Potterfield's property. 10. The agreement shall be binding upon the parties, their successors and assigns. This Agreement is a complete statement of the understanding of the parties and it may not be amended except in writing upon the approval of both parties.