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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 also 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 sutficiency �of Grantor's plans and designs �ior whether
<br /> Grentor's nonstruction, work or activity is in conformance with other applicable I
<br /> plans, code:� and regulations. Further, agreement by the City to such construction,
<br /> work or activity shall not in any manner be considered as imposing any obligation,
<br /> duty or liability upon the City as te the satety or pro�riety of such construction,
<br /> work or activity.
<br /> i3. Grantor hereby authorizes City to cut, trim and remove any and all
<br /> brush, trees, other vegetation or dehris upon the easement and the right of access
<br /> for such purposes. Grantor aLso euthorizes the City to c�ut, trim and remove any
<br /> and all brush, trees, other vegetation and debris on Grantor's property which, in the
<br /> City's reasonable judgment, constitutes a hazard to the easement and the right of
<br /> access far such purposes.
<br /> 4. The Grantor agrees that title to all hrush, [rees, other vegetation or
<br /> debris trimmed, cut and removed from the easement pur;uant to this Agreement,
<br /> and aiso all brush, trees, other vegetation or debris trimmed, cut and removed from
<br /> Grantor's land pursuant to this Agreement is vestsd in the City, and that the
<br /> consideration patd for conveying seid eesement an�d rights herein described is
<br /> accepted as full,compensation for all damages inciderital to the e�:zrcise of any of
<br /> said rights.
<br /> 5. In the event Grantor places any improvements on the easement or
<br /> constructs anything on the easement without first having obtainec� the written
<br /> approval of the City Engineer, the Grantor shell cease all such activity and remove
<br /> any and all improvements placed thereon without the written agreement of the
<br /> Clty Engineer. In the event Grantor fails to obtain prior approval, Grantor hereby
<br /> authorizes the City to remove any and all improvements placed or constructed
<br /> thereon end hold the City, its offIcers, employees and agents harmless from
<br /> � damage caused to said improvements from removal thereof. Grantor further
<br /> agrees to pay the. City for any and all costs incurred by the City in removing the
<br /> improvements. This right Ls in addItion to any other right the City may have at ]ciw
<br /> or in equity.
<br /> 6. Grantor does release, indemnify and promise to defend and save
<br /> harmless the City, its officers, em�loyees and agents from and against any end all
<br /> liabtlity, loss, damage, expense, actions and claims, including costs and reasonable
<br /> attorney's fees incurred by the City, its officers, employees and agents in defense
<br /> �
<br /> thereof, asserting or arising directly or indirectly on account of or out of Grantor's
<br /> use or activity on/in the above-described easement; Provided, However, this
<br /> paragraph does not purport to indemnify the City against liability for damages
<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 Grantor also covenants to and with the City that Grantor is
<br /> 2awfully seized and possessed of the land e.foresaid; has a good and lawful right and
<br /> power to sell and convey same; that same is free and clear of eneumbrances,
<br /> except as above indicated; and that Grantor will forever warrant and defend tha
<br /> title to said easement and the quiet possession thereof sgainst the lawful claims
<br /> and demands of all persons whomsoever.
<br /> EA IEMENT -2 �6 � 3 7 n �� 3 � �
<br /> VOL �_�J�PA6E,`•;��� `°l
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