R94-135 ACCEPTING FIRST AMENDMENT TO ANNEXATION AGREEMENT

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, • ' • . ' - 5 - which is shown on E�ibit A. The City further reserves the right to require set-backs as shown on Exhibit A and easements 30' in width for sanitary sewer purposes; additionally, Pheasant Run shall obtain off-site easements for sanitary sewer purposes, in form and substance satisfactory to the City's Corporation Counsel and City Engineer, prior to the approval of any special use permit. (b) Use due diligence to improve, upgrade and reconstruct Neeley Avenue, as described on Exhibit B hereto, from Mound Road to Ash Avenue extended not later than November 1, 1995, provided that the City shall use due diligence to extend a fully operable 8" water main to the Premises not later than July 1, 1995 for use by Pheasant Run. (c) Use due diligence to construct Ash Avenue, as described on Exhibit B , hereto, from Martin Luther King, Jr. Drive to the northeast corner of the Premises not later than June 1, 1997. Specifically, the City shall obtain complete engineering plans ' for the Ash Avenue extension no later than December 31, 1994. In the event that the City cannot purchase all the property required for the Ash Avenue extension by May 1, 1995, the City shall institute condemnation actions to acquire the property on or before that date. In addition, the City shall complete the Ash Avenue extension within six months from the date it has acquired rights to all the property needed for the extension, weather permitting, but in no event shall the completion date be later than June 1, 1997.