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<br /> constri�r,t;on, work or activity will not iutertere with the City's eusement grnnted
<br /> herein; PROVIDED, !{OWEVER, A�y changes or revisions in the pinns snaII nlso be
<br /> subject to City's prior agreement. The City's review of [he Grantor's plans under
<br /> tliis easement shnll not be deemed to impose any duty or obligation on tlie City to
<br /> determine the ndequacy or sufficiency of Grnnter's plans and designs r.or whether
<br /> Grantor's construction, wurk �r activity is in contormance with other appliceble
<br /> plans, codes and reguletions. Further, egreement by the City to such construction,
<br /> work or activity shall not in nny manner be considered as imposing any obligation,
<br /> duty or liability upon the City ns to the sufety or propriety of such construction,
<br /> work or activity.
<br /> 3. Grantor hereby authorizes City to cut, trim and remove any and nll
<br /> brush, trees, other vegetation or debris upon the ensement end the right of access
<br /> for such purposes. Grantor also authorizes the City to cut, trim and remove eny
<br /> and all brush, trees, other vegetation and debris on Grantor's property wliich, in tlie
<br /> City's reasonable judgment, constitutes a hazard to the ensement and the right ot
<br /> nccess [or suc!i purposes.
<br /> 4. The Grantor agrees thut title to all brush, lrees, oUtcr veoetntion or
<br /> debris trimmed, cut and removed from the ensement pwsunnt to fhis Agree:nent.
<br /> nnd nLso all brush, trees, ��her vegetntion or debris trimmed, cut and removed (rom
<br /> Grant�r's land pursuant to this Agreement is vested in the City, nnd thnt the
<br /> consideration paid for conveying said ensement and rights herein described is
<br /> accepted as full compensation for all dameges incidental to the exercise of any of
<br /> said rights.
<br /> 5. In the event Grantor pinces any improvements on the eusement or
<br /> constructs anything on the easament without [irst havi�g obt�ined the written
<br /> npproval oi the City Engineer, the Grantor sh�ll cease nll such activity and remove
<br /> nny and nll improvements placed thereon without the H•ritten agreement of tlie
<br /> City Gngineer. In the event Grnntor [nils to obtain prior ep�roval, Grnntor ;ieeeby
<br /> authorizes the City to remove any nnd nll impravements pluced or r.onsiructed
<br /> thereon nnd hold the City, its o[ficers, employees and agents h�rmless from
<br /> dmm�ge caused to seid improvements from removctl thereoG Gruntor further
<br /> ngrees to pny the City [or any nnd nll costs incurred by the City in removing lhe
<br /> improvements. This right is in nddition to nny other r�gl7t the City rnay hnve at ]nw
<br /> ar in eouity.
<br /> 6. Crnntar does relense, indemnify and promise to defend nnd suve
<br /> harmless the City, its ofticers, employees nnd ngents from nnd agninst any nnd all
<br /> liability, loss, damnge, expense, netions and claims, inciuding costs and rensonable
<br /> nttorney's fees incurred by the City, its o[[icers, employees nnd ngents in defense
<br /> thereof, asserting or nrising directly or indirectly on account of or out oC Grnntor'.s
<br /> use or netivity on/in tlie nbove •described ensement; Pr�vided, Ilowever, tliis
<br /> p�rngrr�ph does not purport to indemnity the City agninst liability for dumnges i
<br /> arising �bodily injury to persons or damngP�� to property cnused by or resulling
<br /> from th negligence nt the City, its ot[icers, employees and agents.
<br /> 7. 'I'he Grantur nlso covennnts to nnd with the City thut Grnntor is
<br /> lawtully seized nnd possessed of the land a[oresaid; has n good nnd lawtul right nnd �
<br /> power to sell and convey sume; that same is free nnd clear ot encumbrnnces, j
<br /> except ns nbove indicated; nnd thut Grnntor wiU [orever werrnnt nnd de(end the �
<br /> title to said eusement and the quiet possessior thereo[ against lhe lnwtul claims i
<br /> nnd demunds ot all persons whomsoever. �
<br /> cr, Er��N�r -z VOL. 2i� � �PAGE`� �J3 ��
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