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<br /> ' ;� construction, work or activity will not interfere with the City's ensement grnnted !i
<br /> herein; PROVIDED, HOWEVER, Any chnnges ar revisions in th� plans shall nLso be
<br /> ,�� subject to City's prior ngreement. The City's review ot the Gruntor's pinns under 'I
<br /> H� � � �� this ensement shnll not be de.emed tu impose nny dnty or obligntion on the City to I ;
<br /> y �
<br /> �i determine the ndequnc!r or sidficiency of GrenteNs plans and designs nor whether 'I
<br /> �� y � GrnntoNs construction, work or activity is in conformnnce with other npplicable ,
<br /> y� � plons, codes und regulntions. C•urther, agreement by the City to such construction,
<br /> k y� i work or activity shall not in any mnnner be considered as impo�ing any obligntion, I
<br /> � h�i � duty or liobili[y upon the City ns to the snCety or propriety o( such construction,
<br /> V7 H �
<br /> y z � � work or activity. !
<br /> oy d '� 3. Grnntor hereby authorizes City to cut, trim nnd remove any and all
<br /> � �� I brush, trees, other vegetntion or debris upon the easement nnd the right of access �
<br /> z y� ���I tor sach purposes. Grnntor nlso authorizes thc City to cut, trim nnd remove nny i
<br /> z �, and all brush, trees, other vegetntion und debris on Crnntor's property which, in the
<br /> g u~i H �, City's reasonable judgment, constitutes a hozard to the ensement nnd the right of ,
<br /> � d�' � access for such purposes. I �
<br /> ��� lil 4. The Grantor agrees thut title to all brush, trees, other vegetation or
<br /> y � �' debris trimmed, cut and removed from the easement pursuent to this Agreement,
<br /> � nnd also all brush, trees, other vegetation or debris Crimmed, cut and removed from
<br /> �; Grantor's land pursuant to this Agreement is vested in the City, nnd [haY the
<br /> ; j consideration paid for conveying snid easement nnd rights herein described is I
<br /> accepted ns full compensntion for nll damnges incidentnl to the exercise of any of ,
<br /> i said rights. !
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<br /> , I 5. In the event Grnntor pinces nny improvements on the easement or I
<br /> x � constructs anything on the ensement without first hnving obtained the vrritten
<br /> I' epproval of the City Engineer, the Grnntor shall cease all such netivity ond remcve
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<br /> �'..,� �i any nnd nll improvements pinced thereon without the written agreement of the j
<br /> '�= I City Engineer. In the event Grantor fails to obtnin prior approval, Grflntor hereby �I
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<br /> 1 � authorizes the City to remove ❑ny and nll improvements placed or constructed i
<br /> �""� I thereon nnd hold the City, its officers, employees nnd ngents hnrmless from ,
<br /> I ��
<br /> I j damoge caused to said improvements from removnl thereoL Grnntor further
<br /> � agrees to pny the City for nny nnd all costs incurred by the City in removing tlie
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<br /> ' I �,� � improvements. This right is in nddition to any other right the City mny hnve nt law ;
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<br /> �i or in equity.
<br /> ' f,. Grnntor does relense, indemnify nncl promise to defend nnd snve ;
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<br /> i !�� j� hnrmless the City, its officers, employees nnd ngents trom nnd ngninst nn,y nnd nll �
<br /> Iliability, loss, dnmage, expense, netions and clnims, including costs nnd rensunable %
<br /> ('�� ��I attorney's fees incurred by the City, its ofticers, employees nnd ngents in detense I
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<br /> � thereof, usserting or nrising directl,y or indircclly on uccount of or out o[ Grvntor's i
<br /> I; use or ❑etivity on/in lhe ubove-described ensement; Provided, Ilowever, this i
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<br /> ��� �I porngrnph does not purport to indemnify the City ❑gn�nst liability for dmm�ges �
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<br /> __ i� nrising out of bodily injury to persons or domnges to property enused by ar resulting i
<br /> I from the sole negligence of the City, its oCficers, employees and ngents. i
<br /> �I 7. The Grantor �lso r_ovennnts to and with the City thnt Grantor �s i'
<br /> I lawfully seized nnd possessed of the lnnd nforesaid; hss a good und lnwful right nnd
<br /> ji power to sell nnd convey same; that same is tree nnd clenr of encumbrances,
<br /> II except as nbave indicnted; nnd thnt Gruntor will (orever wnrrnnt nnd detend the
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<br /> ' li title to said ensement and the quiet possession thereof ugainst the lawful claims
<br /> � and demands of all persons wL•omsoever.
<br /> �� VOL. ��� rPAGEi �O �
<br /> EASEMENT -2 ( i � �
<br /> 'I `.�1n�t���.;� 1,���11F e.4 � . .
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