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A. Notwithstanding any provision in this code to the contrary, the village administrator, or his or her designee, in his or her sole and absolute discretion, may grant a right of way encroachment waiver, as a non-possessory interest in right of way owned or controlled by the village, for the construction, installation and/or maintenance by a person, firm or corporation for carriage walks, automatic lawn sprinkling systems and other similar improvements. No person shall make use of such right of way unless a right of way encroachment waiver has been approved in accordance with this code.
B. A right of way encroachment waiver shall be granted pursuant to the terms of an agreement between the benefitted real property owners and the village, and shall subject to the following conditions.
1. The benefitted real property owner shall present to the village such drawings, plans and specifications for the improvement as the village may require for review and consideration of the request for a right of way encroachment waiver.
2. All benefitted real property owners shall execute a right of way encroachment waiver agreement in the form provided by the village which contains the following information and meets the following conditions:
a. The legal description of the benefitted real property;
b. All benefitted real property owners shall agree to indemnify, defend and hold harmless the village and its officers, appointed and elected officials, president and board of trustees, employees, volunteers, and agents against any causes of action arising out of the construction, installation and/or maintenance of such improvement;
c. That the agreement be terminated by the village and the encroachments removed when directed by the village; and
d. The agreement shall be recorded with the Cook County recorder of deeds, at the expense of the benefitted real property owners, against title to the benefitted real property, and shall run with title to the benefitted real property.
C. Before the right of way encroachment waiver agreement is approved, the benefitted real property owner shall pay the fee set in the village's annual fee schedule for a right of way encroachment waiver agreement, if any. (Ord. 18-51, 10-2-2018)