|
II
<br /> I
<br /> III ' cOnstruction, work or activity will not interfere wiih the City's ensement granted
<br /> �I herein; PROVIDED, HOWEVER, Any changes or revisions in the plflns shall also be
<br /> ��� subJect to City's prior agreem ent. The City's review o[ the Grantor's plans under
<br /> ! this easement shell not be deemed to impose any duty or obligation on the Clty to
<br /> I
<br /> y � � determine the adequecy or sufficiency of (;rnnter's pinns and designs nor whether
<br /> En 9 y I GrentoNs construction, work or activity is ln contormunce with other rtppl[cable
<br /> � �� H pinns, codes and regul�tions. Pur[her, agreement by the City to such construction,
<br /> 9 H �n
<br /> t� � work or act[vity shall not In any manner be considered as Imposing any obligatlon,
<br /> � n duty or linbility upon the Cily es to the safety or propriety o[ sucii canstruction,
<br /> O x o work or ectivi[y.
<br /> yc�i, H 3. Grnntor hereby euthorizes City to cut, trim end remove any nnd all
<br /> '��, p [��j brush, trees, other vegetation or debris upon the easement and the right of access
<br /> o� �� for such purposes. Grontor uLso euthorizes the City to cut, trim e��d remove any
<br /> �"' � o nnd all brush, trees, other vegetation and debris on Grnntor's property which, in the
<br /> �]Y (�
<br /> �y� �� City's rensonable judgment, constitutes a hnznrd to the easement nnd the righ[ of
<br /> H y nccess tor such purposes.
<br /> g�' r, ¢, The Grantor agcees thet title to all brush, trees, other vegetetion or
<br /> n t7 tn
<br /> �� t., debris trimmed, cut und removed from the easement pursuant to this Agreement,
<br /> � yo � II nnd ¢Iso all brush, trees, other vegetation or debris trimmed, cut and removed from
<br /> Grantar's land purcuant ta this Agreemenl is vested in the City, and [hat the
<br /> � considerution paid for conveying said easement and rights herein described is I
<br /> � accepted as tull compensation for all dnmages incidental to the exercise of any of
<br /> I
<br /> �� said rights.
<br /> il 5, [n the event Grantor pinces any improvemen[s on the easement or
<br /> �� constructs anything on the ensement without first having obtnined the written
<br /> 'I opproval of the City Engincer, the Crantor shall cease ail such ac[ivity end remove
<br /> I' any and a❑ improvements plciced thereon without the written agreement of the I
<br /> City Engineer. In the event Grnntor Cnils to obtnin prior approval, Grantor hereby
<br /> ! �_ I
<br /> `� authorizes the City to remove any and nll improvements placed or constructed
<br /> thereon and hold the City, its officers, employees nnd agents harmless from
<br /> 1 r
<br /> � ',�� damage caused to said improvements trom removal thereof. Crnntor [urther
<br /> e.�� I agrees to pny the City for any nnd all costs incurred by the City in removing the
<br /> II�' improvements. This right is in nddition to any o:her right the City may have nt lnw �
<br /> or in equity.
<br /> I ��'
<br /> , 6. Grnntor does relcase, indemnify and promise to defend nnd sove
<br /> i
<br /> I h�rmless the City, its oCficers, employees and egents from und uguinst nny and e
<br /> , ���
<br /> t � I linbility, loss, damnge, expense, actions and claims, including costs ond reosonab e
<br /> nttorney's fees incurred by the City, its officers, employees and eigents in defense
<br /> � �I thereoC, asserting or nrising directl,y or indirectlg on necoun[ of or out ot Grantor's
<br /> �� � I a,e or activity on/in the above-described easement; Provided, However, this
<br /> i II p�iragroph does not purport to indemnity the City ngainst liability for damnges
<br /> �_—`
<br /> I erising ou? of bodily injury to persons or damages to property caused by or resulting
<br /> �� Crom the sole !'egligence of the City, its officers, employees nnd iigents.
<br /> �i� 7, 'fhe Gran[or also covenants to and with the City [hnt Grantor is
<br /> �I lnwfully seized nnd possessed of the Innd a[oresaid; hos n good nnd lawful right and
<br /> I power to sell nnd corvey snme; that snme is free nnd clear of encumbrances,
<br /> ��� except ns above indicuted; ond that Grentor will torever warrant and defend the
<br /> ,I
<br /> II title to said ensement and the quiet possession thereof against the lnwful claims
<br /> �i and demands of all oersons whamsoever.
<br /> e��se.r�r:N�� -z ����3(��i�� � {',; ;,`. Fx6�� �
<br /> '' :���� c� i (y �l ��- 1 ��ui: 2 .t3�Pa�E0 � 15
<br /> �� -�o�. `� E :� � r���r_f�'7 �. `?
<br />
|