|
E�
<br />ecnstruction, work or activity will not inte�[ere with the Cfty's easement granted
<br />herein; PROVIDED, HOWEVER, Any changes or revfsions in the plans shall also be
<br />subfect to C[ty's prior egreement. The City's review of the Grantor's plens under
<br />this easement shell not be deemed to impose eny duty or obligation on the C{ty to
<br />determine the edequacy or su[ficiency of Grantor's plans and designs nor whether
<br />Grantor's constructton, work or acttvity [s in conformnnce with other epplicable
<br />plans, codes nnd regulations. Further, egreement by the City to such construction,
<br />work or ectivity shall not in ony manner be consideied es (mpos(ng any obl(gation,
<br />duty or llability upon the City as to the safety or propriety of such construction,
<br />work ur ect(vity.
<br />3. Grentor hereby euthorizes City to cut, trim and remove any and all
<br />brush, trees, other vegetatton or debris upon the easement and the righ,! o[ access
<br />for such purposes. Grantor aLso authorizes the City to cut, trim and remove eny
<br />and all brush, trees, other vegetation and debris on Crantor's property which, in the
<br />City's reesonable judgment, constitutes n hazard to the easement and the right of
<br />access for such purposes.
<br />4. The Grnntor egrees thet title to ell brush, trees, other vegetatfon or
<br />debr(s trtmmed, cut ar,d removed from the eesement pursuant to this Agreement,
<br />and also all brush, trees, other vegetetion or debris trimmed, cut end removed from
<br />(3rantor's land pursuant to th(s Agreement (s vested in the City, and that the
<br />consideratlon pald [or conveying seid easeme;�'. and rights herein described is
<br />eecepted as full compensetion for all damages Incidental to the exer�ise ot any o[
<br />said rights.
<br />5. In the event Grantor places any Improvements on the eesement or
<br />constructs anything on the easement without [irst having obtetned the written
<br />approvel of the C[ty Engineer, the Grantor shall cease all such activity and remove
<br />any and all Improvements placed thereon without the wrttten agreement of the
<br />City Engineer. In the event Grentor [eils to obtein prior approvel, Grantor here�v
<br />authorizes the C(ty to remove any and all improvements placed or constructed
<br />thereon and 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 end all costs Incurred by the City in removing the
<br />lmprovements, This right (s tn addition to any other right the City mey have et law
<br />or in equtty. •
<br />6. Grentor dces release, indemnffy and promise to detend and seve
<br />harmless the City, its offtcers, employees and agents trom and aga[nst eny end all
<br />llabtlity, loss, demage, expeuse, aetions and claims, ineludtng costs and reesonabie
<br />attorney's fees 3ncurred by the City, its o[ficers, �mployees nnd agents in defense
<br />thereof, asserting or arising directly or indirectly on account of or out of Grantor's
<br />use or ectivity on/in the abuve-describec� eesement; Provided, However, thls
<br />paragreph does not purport to (ndemnify the City agatnst llabil(ty tor damages
<br />arising out of bodlly injury to persons or damages to property caused by or resulting
<br />[rom the sole negligence of the City, its o[ticers, �mployees and egents.
<br />7. The Grantor also covenants to and with the City that Grantor is
<br />law[ully se(zed and possessed of the land aforesetd; has n good and law[ul right end
<br />power ta sell end convey same; that seme Ls tree and clear of encumbrances,
<br />except es ebove indicated; and thet Grsntor will forever warrent end defend the
<br />tttle to said easement and tl�e qulet possession thereof against the lewful cle?ms
<br />and demands of all persons wliomsoever.
<br />��o���� j�'�➢�.
<br />VOI. `��1$PAGE16�1
<br />. _��m ;1955 P�c�1516
<br />
|