10101 19TH AVE SE SILVER LAKE EYE CARE CENTER 2018-01-02 MF Import

EASEMENT This easement is granted subject to and conditioned upon the following terms, conditions and covenants: 1. Grantor shall at all times conduct its activities and all other activities conducted on Grantor's property so as not to int:�rfere with, obstruct or endanger the usefulness nf any improvements, or other facilities, now or hereafter maintained upon the easement, or in any way intertere with, obstruct or endanger the City's use of the easement. 2. Prior to any construction, work or any o+.her activity by Grantor within the easement, notification and plans for the same �'�all be submitted in writing to the City by Grantor and no such construction, .�K or activity by Grantor shall be commenced without the City's prior written agreement that the Grantor's proposed construction, work or activity will not interfere with the City's easement granted herei�; PROVIDED, HOWEVER, any changes or revisions in the plans shall also be subject to City's prior agreement. The City's review of the Grantor's plans under this easement shall not be deemed tu impose any duty or obligation on the City to determine the adequacy or sufficiency of Grantor's plans and designs nor whether Grantor's construction, work or activity is in conformance with other applicable plans, codes and regulations. Further, agreement by the City to such construction, work or activity shall not in any manner be considered as imposing any obligation, duty or liability upon the City as to the safety or propriety of such cunstruction, work or activity. 3. Grantor hereby authorizes City to cut, trim and remove any and all brush, trees, other vegetation or debris upon the easement and the right of access for such purposes. Grantor also authorizes the City to cut, trim and remove any and all brush, trees, other vegetation and debris on Grantor's property which, in the City's reasonable judgment, constitutes a hazard to the easement and the right of access for such purposes. 4. The Grantor agrees that title to all brush, trees, other vegetation or debris trimmed, cut and removed from the easement pursuant to this Agreement, and also all brush, trees, other vegetation or debris trimmed, cut and removed from Grantor's land pursuant to this Agreement is vested in the City, and that the consideration paid for conveying said easement and rights herein described is accepted as full compensation for all damages incidental to the exercise of any said rights. 5. In the event Grantor places any improvements on or in the easement or constructs anything within the easement without first having obtained the written approval of the City Engineer, the Grantor shall cease all such activity and remove any and all improvements placed therein without the written agreement of the City Engineer. In the event Grantor fails to obtain prior approval, Grantor AF20U � U4YYUb5y �6