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<br /> , . construct�on, work or act:vity will not interfere with the City's easemeut granted
<br /> herein; PROYIDED, fIOWEVER, Any changes or revisions in the plans shall also be
<br /> s��bject to City's prior agreement. The City's review of the Grantor's plans under
<br /> this easement shall not be deemed to impose eny duty or obligatioa on the City to
<br /> determine the adequacy or sufficiency af Grantor's plans and designs nor whether
<br /> Grantor's construction, work or activity is in conformance with other epplicable
<br /> plans, codes and regulations. Further, agreement by the City to such construction,
<br /> work or activity shall not in any manner be considered as imposing any obligat{on,
<br /> duty or liability upon the City as to the safety or propriety of such construction, .
<br /> work or activity.
<br /> 3. Grantor hereby authorizes City to cut, trim and remove any and ell
<br /> brush, trees, other vegetation or debris upon the easement and the right of access
<br /> for such purposes. Grantor also authorizes the City to cuL, trim and remove any
<br /> end ell brush, trees, other vegetation and debris on Grantor's property whieh, in the
<br /> City's reesonable judgment, constitutes a hazard to the easement and the right of
<br /> access for such purposes. ��O°�'���,4,M�,�;j„� �'���.n.«s:-�^�j��-
<br /> 4. The Grantor agrees that title to all brush, trees, other vegetation or
<br /> debris trimmed, cut and removed from the easement pursuent to this Agreement,
<br /> and aLso all brush, trees, other vegetation or debris trimmed, cut a�id removed from
<br /> Grantor's land pursuant to this Agreement is vested in the City, rad that the
<br /> consideration paid for conveying said easement and rights herein described is
<br /> accepted as full compensation for all damages incidental to the exercise f any of
<br /> said rights.
<br /> �5. In the event Grantor places any improvements on the easem or
<br /> construc s�ything on the easement without first having obtai he written
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<br /> approval of the�Gjt�y E�gineer, the Grantor shall cease all u activity aud remove
<br /> �ny and all impro�edt placed thereon wi�tho e written agreement of the
<br /> ' City Engineer. In the event tor fai �obtain prior appreval, Grantor hereby
<br /> authorizes the City to remove any ad��all [mprovements placed or constructed
<br /> thereon end hold the C , its officers, eZn oyees and agents harmless from
<br /> � � damage caused to�s id improvements from remo thereof. Grantor further,
<br /> agrees to pay`f�e City for any end ell costs incurred by e City in removing the
<br /> impr4� ments. This right is in additio�9 �o any other right the Ci have at law
<br /> �crE tn equity. y
<br /> 6. Grantor does release, indertinify and promise to defend and save
<br /> harmless the City, its officers, employees and agents from and against any and all
<br /> IIability, loss, damage, expense, actions and claims, including costs and reasonable
<br /> attorney's fees incurred by the City, its officers, employees and agents tn defense
<br /> thereof, asserting or arising directly or indirectly on account of or out of Grentor's
<br /> use or activity on/in the above-described easement; Provided, Howe�er, this
<br /> paragraph does not purport to indemnify the City against liability for dart�ages
<br /> arising out of bodi2y 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 /> lawfully setzed and possessed of the land aforesaid; has a good and lawful right and
<br /> power to sell and convey same; that same is free and clear of encumbrance:s,
<br /> except as above indicated; and that Grantor will forever warrar:t and defend the
<br /> tttle to said easement and t;ie quiet possession thereof against the lawful elaims
<br /> and demands of all persons whomsoever.
<br /> EA EMENT -2 VOL �.9G3PAGE(��^�,Q�
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