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<br /> construction, work or �ctivity �.vill not interfere tvith the City's easement granted
<br /> herein; PROVIDED, HONE� L•'R, Any changes or revisions in the plans shall also L�e
<br /> subject to City's prior egreement. The City's review of the Grantor's plans unde.^
<br /> this ee�sement shall not be deemed to impose any duty or obligation on the Citv to
<br /> determine the adequecy or sufficiency of Grnntor's plans and designs nor whether
<br /> Grantor's construction, wcrk or activity is in conformance with other applicable
<br /> plans, codes and regulntions. Further, agreement by the City to such construction,
<br /> � work or activity shall not in nny manner be considered as imposing any obligation,
<br /> � duty or liability upon the ritv as to the safety or propriety of such construction, ;
<br /> work or activity.
<br /> 3. Grantor hereby nuthorizes City to cut, tr�m and remove any and ull
<br /> •� brush, [rees, other vegetation or debris upon [he ensement and the right of access
<br /> ' for such purposes. Grnntor +tlso nuthorizes the City [o cut, trim and remove any
<br /> nnd all brush, trees, other ve�etation and debris on GruntoNs property which, in the
<br /> � Cit�•' reasoneble judgment, constitutes 1i h¢znrd to the easement and the right of
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<br /> � nccess for such purposes.
<br /> a. The Gran[or agrees that title to �ill brush, trees, other vegetation or
<br /> � debris trimmed, cut �ind removed from the ensement pursuant to this Agreement,
<br /> ! rind nlso all brush, trees, other vegetntion or debris trimmed, cut and removed from
<br /> ' Grtuitor's land pursuant to this ,�greeme,�c is vested in the City, and thut the
<br /> consideration paid for conveying said easement und rights herein described is
<br /> ' ncccpted as full compensntion for all damuges incidental to the exercise of any of
<br /> 1 snid rights.
<br /> � �. In the event Grc�ntor places nny improvements on the easement or
<br /> � constructs anythin� on the e�isement without firs[ hnving obtained the written
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<br /> a�,proviil of fhe City i�;n�;inecr, the C,rantor• ;hiill ceuse rill such uctivity and remove
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<br /> eny and all improvements pluced thereon without the written agreement of the
<br /> � �,ity Gngineer. In the ev��nt ��rnntor faiLs to obttiin rior n
<br /> ' p pproval, Grantor hereby
<br /> ' authorizes the Ci[y to remove eny and nll improvements placed or constructed
<br /> thercon and hold thc C'ity, its officers, rmployees and agents harmless from
<br /> dmm�ge caused to sriid improvoments from �emovlil thereof. Grantor further
<br /> n;rees to pay the City for uny and aii costs incurred by the City in removing the
<br /> ' improvements. This right is in nddition to any other right the City may have at ]nw
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<br /> or in equity.
<br /> ��• Grantor ��oes release, indemnify and promise to defend and snve
<br /> haarmless the City, its officers, employees nnd agents from and r�gninst any and all
<br /> ' Iinbility, loss, damnge, expense, actions e�nd cl�ims, ir.cluding costs and rea;onable
<br /> �ttorr.ey's fees incurred by the City, its officers, employees nnd ngents in defense
<br /> thereof, asserting or arising dire�tly or indirectt� on account of or out of G.^antoNs
<br /> . �i��' �r �3ctivity on/in thc ��I�oi�e-described ortsement; Provided, Howeva,r, this
<br /> " pe�reigruph does not purp��rt tr, indemnify the City t�g�iinst liability for dsmnges
<br /> erising out of bodily injur�� to persons or dameges to property ceused by or resulting y�
<br /> > Crom the sole negligence of the City, its ol ficers, employees nnd agents.
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<br /> � �• 'Phe Grnntor ��I�o covennnts to ��nrl wi[h the City tht�t Grt�ntor is
<br /> lnwfully seized and possessed o; the lnnd nforeseid; has a good and latvful right and
<br /> power to sell r3nd convey s,�,ne; thet srime is free nnd r]ear of encumbrances,
<br /> � ��<cept iis flbove indicrated; ;inci thnt Grnntor will forever wFirrant and defend the
<br /> [itle to said easement and the quiet possession thereof ngninst the lawful claims
<br /> �{nd demnnds of all person, �,vh��in,oever.
<br /> ��::�.�r:>.�r.�.��r � ej � `� `Z3U .� � �� ] 777 v.e� 26� �
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