11303 19TH AVE SE 2016-01-01 MF Import

. � construction, work or activity will not interfere with the City's easement granted � herein; PROVIDED, HOWEVER, Any changes or revisions in tfie pinns shall :.lso be ' subject to City's prior agreement. The City's review of the Grantor's plans under i I tliis easement shall not be deemed to impose any duty or obiigation on the CIty to idetermine the adequacy or sufftciency�of Grantor's plans and designs nor whether � Grantor's construction, work or aetivity is in conformance with other applicable pinns, codes and regulutions. Further, agreement by the City to such construction, work or activity shall not in any marner be considered as imposing any obligation, duty or liability upon the City as to the safety or propriety of such construction, 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 sueh 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 Cily's reasonable judgment, constitutes a hazard to the easement and the right of access for such purposes. 4. The Grantor agrees that titIe to all brush, t.rees, other vegetation or debris trimmed, cut and removed fram the easement pwsuant 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 compensetion for all damages incidental to the exercise of any of said rights. 5. In the event Grantor places any improvements on the eesement or constructs anything on the easement without first having obtained the written approval of the City Engineer, the Grantor shall cease all such actiWity and remove any and all improvements placed thereon without the written agreement of the City Engineer. In the event Grantor fails to obtein prior approval, Grantor hereby authorizes the City to remove any and all improvements p2aced or constructed thereon and hold the City, its officers, employees and agents harmless from ' damage caused to said improvements from removal thereof. Grantor further agrees to pay the City for any end all costs inc�vred by the City in removing the improvements. This right is in addition to any other right the City may have at law or in equity. 6. Grantor does release, indemnify and promise to defend and save harmless the City, its otficers, employees and agents from and agninst any and all llability, loss, damage, expense, actions and claims, including costs and reasonable attorney's fees incurred by the City, its officers, employees and agents in defense thareof, asserting or arising directly or indirectly on aecocnt of or out of Grantor's use or activity on/in the above-described easement; Provided, However, this peragraph does not purport to indemnify the City against liability tor dameges � nrising out ot bodily injury to persons or damages to property caused by or resulting I from the sole negligence of the City, its ofticars, employees end agents. 7. The Grantor also covenants to and with the City that Grantor is lawfully seized and possessed of the lend aforesaid; has u good and la�.ful right and power to sell and convey same; that same is free and clear of encumbrances, except as above indicated; and that Grantor will forever warrant and defend the title to said easement and the quiet possession thereof against the lawful claims and demands of all persons whomsoever. EAiEMENT -2 8 G u 310 0 3 3 3 � vo� �.95;?ra�[o3+79 � I