10701 EVERGREEN WAY 2018-01-01 MF Import

This easement i� granted subject to and conditioned upon the following i tetms, conditions and covenants: 1. The Grantoc shall at all times conduct ics activities and alt other activities conducted on Grantoc 's property so as not to intecf.ece with, obstruct or endaiger the usefulness oE any impcovements, •oc otlier facilities, now or heceaftec mziintained upon the easement, or in any way interfeee with, obstruct or endanger ehe City's use of the easement. 2. Prioc to any constcuction, wock or any other activity by the Gcantoc on the easement, a notification and plans for the same shall be submitted in wciting to the C`.ty by the Gcantor and no sur.h censtcuc.tion, woek or activity by the Gcanta- shall be commenced without the City's pric�r written appcoval; PROVIDED, HOWEVER, Any changes oc [evisions in the plans � shall also be subject to the City's p[ior approval. The City's ceview of the Grantor 's plans under this easement shall not be deemed to impose any duty or obligation on the City to detecmine the adequacy or sufficiency of the Grantoc 's plans and designs nor whether the Grantor 's constsuction, wock or activity is in conformance with other applicable plans, codes and regulations. Fucthec, appcoval by the City to such constcuction, wock or activity shall not in any mannec be consideced as impoeing any obligation, duty or liability upon the City as to the safety or pcopriety of such construction, vork oc activity. 3. The Grantor heceby authorizes the City to cut, trim and cemove �any and all brush, trees, othec vegetation or, debcis upon the easement and the right of access for such pucposes. Gcantor also authocizes the City to cut, trim and remove any and all brush, tcees, othec vegetation and deb[is on Grantoc�s property which, in the City's ceasonable judgment, constitutes � a hazard to the easement and the cight of access for such purposes. 4 . The Grantor agcees that title to all brush, trees, other vegetation or d?bris tcimmed, cut and removed from the easement pucsuant to this A9ceement, and also all brush, trees, other vegetation o[ debcis trimmed, cut and removed from Grantor 's land pursuant to this Agreement is vested in the City, and that the considecation paid for conveying said Ieasement and rights herein described is accepted as full compensation fot all damages incidental ko the exercise of any oE said rights. 2 I) � �-± �c VOL. �� iiPAGEl155 II �� x � /.�.� �'� � '�% �F FORM 'l/87 i