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Mayor And City Council Approves Agreement With PDCNR

December 13th, 2011 by WCBC Radio

At a special Monday afternoon meeting of the Cumberland Mayor and City Council, city officials voted 5-0 to approve an amended proposal to allow Evitts Creek Water Company execute a road right-of-way agreement with the Pennsylvania Department of Conservation and Natural Resources to allow access to adjacent land owned by the PDCNR for the management and protection of state forest land. Though supported by council, the proposal hit a road block last week when city officials learned that it did not include an indemnity clause to protect the city from liability claims. The issue was researched by City Solicitor Michael Cohen and attorney Anne Rotz of Meyers, Young and Grove based in Hagerstown. Cohen said that a number of changes were made, most notably declaring the right-of-way as being for recreational use with no charge. That means that the land owner would not be subject to claims of negligence in most case. Rotz said the amendments do not completely eliminate the possibility of lawsuits, but it comes as close as legally possible to exempting the Evitts Creek Water Company of most liability…

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