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<br /> ' � construction, work or activity wiil not interfere with the City's ensement grnnted
<br /> herein; PROVIDED, NOWF.VF.R, Any chan�es or revisions in thc pinns shall eLao be
<br /> subject to City's prior agreement. The City's review of tlie Grentor's plans under
<br /> this easement shall not be deemed to impose eny duty or obligation on the City to
<br /> determine the adequacy or s�fficiency o[ Grnnter's plans and designs nor whether
<br /> Grantor's construction, work or activity is in contormnnce with otlier eppliceble
<br /> plans, codes and regulations. Further, egreement by the City to such construction,
<br /> { work or activity shall not in eny monner be considered as imposin� any obligntion,
<br /> duty or liability upon the City as to the snfety or propriety of such construction,
<br /> work or activity.
<br /> 3. Grantor hereby authorizes City to cut, trim and remove eny end all
<br /> brush, trees, other vegetation or debris upon the ensement nnd the right of necess
<br /> for such purposes. Grantor nlso authorizes the City to cut, trim nnd remove eny
<br /> end all brush, trees, other vegetation end debris on Crantor's property which, in the
<br /> City's reasoneble judgment, constitutes e hazard to the ensement nnd the right of o
<br /> ' access for such purposes. m
<br /> 4. The Grantor egrees that title to ell hrush, trees, other vegelation or ��
<br /> debris Vimmed, cut and removed trom the easement pwsunnt to this AKrcement, � �
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<br /> and also all brush, trees, other vegetation or det�ris trimmed, cut nnd reuwved lrom �' ,._„
<br /> Grentor's land pursuent to this Agreement is vested in the City, end thnt the m o
<br /> consideration peid for conveying snid easement end rigtits herein described is o 3
<br /> m
<br /> accepted as tull compen�stion for all dameges incidentel to the exercise o[ any of m �
<br /> said rights. � _
<br /> 5. In the event Grantor places any improvements on the ensement or � _
<br /> constructs anything on the easement without first having obteined the written � T
<br /> approval of the City Engineer, the Grnntor shnll cense all such ectivity and remove � 3
<br /> any and ell improvernents pinced thereon without the written ngrecment of the m �
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<br /> City Engineen In the event (;rantor fniLti to obtnin prior npprovnl, Grnntor hereby o r
<br /> authorizes the City to remove eny and all improvements pinced or constructPd 3 �
<br /> thereon end hold the City, its officers, employees and agents hurmless from � �
<br /> � m
<br /> ' damage caused to said improvements from removal thereof, Crantor [urther n
<br /> A
<br /> agrees to pay the City [or any nnd all costs incurred by the City in removing the =
<br /> a
<br /> improvements. This right is in adAition to any other right the City mny hnve at lnw Z
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<br /> or in equity, y
<br /> 6. Grantor does release, indemnify and promise to defend end save o
<br /> hermless the City, its officers, employees nnd ngents from end ngninst any and nll �
<br /> m
<br /> liabilIty, loss, damage, expense, actions and claims, including costs and reasoneble
<br /> attorney's tees incurred by the City, its officers, employres n�d agents in defense
<br /> thereof, asserting or arising directlp or indirectly on eccount of or out o( Grnntor's
<br /> use or activity on/in the above-described easement; Provided, Ilowevcr, this :
<br /> paragraph does not purport to indemnify the City ogninst liebility for damnges I
<br /> aristng out o[ bodily injury to persons or dnmages to property caused by or resulting
<br /> �
<br /> from the sole negligence ot tlie City, its oC[icers, employees nnd t+qents. '
<br /> 7. The Grantor also covennnts to �nd with the City thut Crantor is
<br /> lawfully seized and possessed of the lnnd eforesnid; has n good nnd lawtul right and
<br /> power to sell and convey same; tliat snme is free ❑nd elear of encumbrnnces,
<br /> ezcept es above indicated; and thnt Crnntor will torever werrant nnd detend the
<br /> title to said easement and the quiet possession thereof tigninst ltie lnwful ciniins
<br /> and demands o[ all persons whomsoever.
<br /> EA EMENT —2 8 5�722008? vo� 1911PacE1698 I .
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