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� , ' �i I <br /> . , • I I I <br /> i <br /> � I <br /> 5. Iii the evenC GranCor places any im{n�oven�enCs on the easement or; <br /> I <br /> constructs anything on the easement wiChout first having obtained the written'' <br /> I approval of th� Clty Gii�tneer, Cl�e Granlor shall cease n.Ll such activity nnd� <br /> I <br /> remove ony and all improvemei�Cs placed thereon wilhoul Lhe written ayreementl <br /> of the City Enyineer. In tfin evenC Gra�tor fails Co obtain prior a�provel,l <br /> i <br /> � Grantor hereby authorizes the City to remove any and all improvements pl�cedl <br /> I � <br /> or caistructed thereon and hold tl�e City, its officers, employees and agents� <br /> harmless fran damage caused to said improvements from removal thereof. i <br /> � Granlor furClicr oyrecs Lu ��ay Llie Cily for �ny �rnl n.U. ���,Ls .[ncurrc� I�y Llic <br /> � <br /> � City in removing the improvements. This right is in addition to any other <br /> � <br /> � right the City may have aC law or in equity. i i <br /> . I <br /> i 6. Grantor does release, indemnify and pranise to defend and save <br /> Iharmless the City, its of�icers, employees and agents fran and against any and� <br /> Iall liability, loss, damaye, expense, actions and claims, including costs andi <br /> reasonable attorney's fees incurred by Lhe City, its officers, en�loyees and <br /> � agents in defe�se thereof, asserting or arising directly or indirectly on <br /> Iaccount oF or out of Grantor's use or activity on/in tlie above-described <br /> easement; provided, however, tfiis paragraph does not purport to indemnify the <br /> City against liability for damages arising out of bodily in,jury to persons or <br /> damages to property caused by or resulting fran the sole negligence of tlie <br /> City, its officers, employees and agr.nts. <br /> 7. The Grantor also covenants to and with Che City that Grantor is , <br /> I <br /> lawfully seized and possessed of the land aforesaid; has a good and lawful i <br /> iright and power to sel..l and convey same; th�C same is free nnd clear of � ! � <br /> I encunbrances, except as above indicated; and thal' Grantoc• will forever warrantl <br /> i <br /> � and defend the title to said easenient and Llie quiet possession thereof against <br /> I <br /> Iltlie lawful claims and demands of all persons whomsoever. <br /> i <br /> �I 0. Grentor agrees LhaC the rights and obligations of the Granlor and City <br /> � <br /> � shall inure to the benefit of and be binding upon tlieir respeotive heirs, <br /> isuccessors and assigns. I i <br /> ' I <br /> ; ' i <br /> i ! <br /> j �! <br /> I ' <br /> � <br /> I <br /> � <br /> �i ; <br /> I; EASEMENT - 3 <br /> II (115) ' <br /> I �f (;i ' ' i � c ' r : y � � ' VOL. �37.CiPAGEI365 I <br /> I' i � <br /> I� <br />