1716 121ST ST SE 2016-01-01 MF Import

, constructlon, work or act(vity will not inter[ere with the Cfty's easement granted he�ein; PROY[DED, HOWEVER, Any changes or revls(ons in the plans ahall elso be subJect to City's prtor egreement. The Ctty's revtew of the drantor's plans under th(s easement shall not be deemed to impose any duty or obligatfon on the Clty to determine the adequecy or su[ficiency' ot Orantor's plens and designs nor whether (3rantor's constructton, work or act(vity la in con[ormance wlth other applieable plans, codes end regulatlons. Further, agreement by the City to such constructlon, work or activtty shall not In any menner be considered es Imposing any obltgatton, duty or llabillty upon the City es to the satety or proprtety of such construetlon, work or activity. 3. (3rantor hereby authorizes City to cut, trfm and remove eny ancl ell brush, trees, othe� vegetation or debrts upon the easement and the rfght o[ access to: such purposes. Grentor elso authorizes the Clty to cut, trim and remove any and ell brush, trees, other vegetation end debrts on Grantor's property which, In the City's reesonable judgment, constitutes a hezard to the easement and the rtght of access for such pu�poses. 4. The arantor egi�eea that title to nll brush, trees, other vegetation or debr(s trimmed, cut and removed from the easement pursuent to th(s Agreement, and also all brush, trees, other vegetation or debris trtmmed, cut end removed from arantor's land nursuant to this Agreement is vested in the City, and that the consideration paid for conveying said easement end rights heretn descrtbed ta accepted as full compensation for all damages incidentel to the exercise ot any o[ said rights. 5. In the event Grantor placea eny improvements on the easement or construefs enything on the easement without tirst hav(ng obtained the w�ttten approvnl ot the Clty Engi:ieer, the Ciranto� ahall cease all such aetivtty and remove any end ell improvements placed thereon wlthout the written agreement of the Clty Eng[neer. in the event (3rantor taps to obtaln p�Ior approval,(3rentor hereby authortzes the City to remove any and all Improvemente placed or constructed thereon end hold the City, tts officera, employees and agents hermless f�om damage en�ed to setd improvements from removel thereot. arantor turther agrees to pay the City tor eny end ell costs incurred by the C(ty in remov(ng the improvements. Th(s right Is (n addltIon to any other �ight the Ctty may heve at law or in equity. 8. Grantor does release, indemnify and promise to detend and seve hermless the Ctty, lts ofticers, employees and agents from and ega[nst any and all llabillty, loas, damage, expense, acttons and clatms, Includ(ng costs and reasonable attorney's teea (ncurred by the Ctty, Its �tficers, employees end agents in defense thereof, asserting o� aristng directly or Indirectly on nccount of or out o[ Grentor's use or acttvity on/ln the above-described easement; P�ovtded, However, thls paragraph does not pu�port to indemntfy the Ctty agatnst ltabtlity [or demeges erlstng out of bodily injury to persons or damages to property caused by or reaulting from the sole negligence of the City, its ofticers, employees and agents. 7. The urantor also covenents to and with the C1ty that Grantor is lewfully setzed and possessed of the lend aforesald; hes a good end lewful rlght end powec to sell end convey aeme; that aeme Ls tree and clear of encumbrances, except as above indlcated; and thet Grantor wiA forever werrent and de[end the title to said easement and the qutet pcssession thereof against the lawful cleims and demends of ell 4�ersons whortisoever. 'sNT -2 ��0 �33 x 01 �? vm 1q�.Rvec��A7A