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� construction, work or activity will not interfere with the City's easement granted
<br /> herein; PROVIDED, HOWEVER, Any changes or revisions in the plans shall nLso be
<br /> subject to City's prior agreement. The City's review of the Grantor's plans under
<br /> this easement shall not be deemed to impose any duty or obligation on the City to
<br /> determine the adequacy or sufficiency of Grantor's plans and designs nor whether
<br /> Grantor's construction, work or activity is in conformance with other applicable
<br /> plans, codes and regulntions. Further, agreement by the City to such construction,
<br /> work or activity shall not in any manner be considered us imposing any obligation,
<br /> duty or liability upon the City as to the safety or propriety of such construction,
<br /> work or activity.
<br /> 3. Grantor hereby authorizes City to cut, trim and remove any and all
<br /> brush, trees, other vegetation or debris upon the eusement and the right of aceess
<br /> for such purposes. Grantor also aathorizes the City to cut, trim and remove any
<br /> and all brush, trees, other vegetation and debris on Grentor's property whieh, in the �
<br /> City's reasonable judgment, constitutes a hazard to the easement and the righ[ of m
<br /> access for such purposes.
<br /> 4. The Grantor agrees that title to all brush, trees, other vegetation or - T
<br /> debris trimmed, cut and removed from the easement pursuent to this Agreement, N m
<br /> and aLso all brush, trees, otlier vegetation or debris trimmed, cut and rernoved from m o
<br /> Grantor's land pursuant to this Agreement is vested in the City, and that the o 3
<br /> consideration paid for conveying snid easement und rights herein described is =�
<br /> m
<br /> aecepted as full compensation for nll damages incidental to the exercise of any of c =
<br /> said rights. � _
<br /> 5. In the event Grantor places any improvements on the easement or 'a `^
<br /> �
<br /> �
<br /> constructs anything on the easement without first having obtained the written � 3
<br /> approval of the City Engineer, the Grantor shull cease all such activity and remove m �
<br /> any and all improvements placed thereon without the written agreement of the o `"
<br /> or
<br /> City Engineer. In the event Grantor fails to obtain prior approvul, Grantor hereby 3 N
<br /> authorizes the City to remove any and all improvements placed or constructed � �
<br /> thereon and hold the City, its ofticers, employees and agents harmless from � A
<br /> damage caused to said improvements from removal thereof. Grantor further =
<br /> agrees to pay the City for any nnd all costs incurred by the City in removing tlie z
<br /> improvements. This right is in addition to any other right the City may hnve at law =
<br /> N
<br /> or in equity. o
<br /> 6. Grantor does release, indemnify and promise to defend and snve �—�.,
<br /> harmless the City, its o[ficers, employees and agents from euid against any and all '��"
<br /> liability, loss, damage, expense, actions nnd claims, ineluding costs and renson¢ble
<br /> attorney's fees incurred by the City, its officers, employees and agents in defense
<br /> thereof, asserting or arising directly or indirectly on account of or out of Grnntor's
<br /> use or activity on/in the nbove-described easement; Provided, However, this
<br /> paregraph does not purport to indemnify the City ageinst liability for damnges
<br /> arising out of bodily injury to persons or damages to property caused by or resulting
<br /> from the sole negligence of the City, its officers, employees and agents.
<br /> 7. 'the Gruntor also covenants to nnd with the City that Grantor is
<br /> lawfully seized and possessed of the land nforesaid; has n good nnd lawful right nnd
<br /> power to se1 nnd convey sume; that same is free nnd clear of encumbrnnces,
<br /> except as nbove indicated; and that Grnntor will forever w¢rrent and defend the
<br /> title to snid easement nnd the quiet possession thereo[ agninst the lawful claims
<br /> and demnnds of all persons whomsoever.
<br /> p �g e (� /�, VOL �9~i�PAGE�'�Q:'L
<br /> EA EMGNT U2���A�.$�6�� �W
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