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This easement is granted subject to. and conditioned upon the following <br />terms, conditions and covenants: <br />1. The Grantor shall at all times conduct its activities and all <br />other activities conducted on Grantor's property so as not to interfere <br />with, obstruct or endanger the usefulness of any improvements, or other <br />facilities, now or hereafter maintained upon the easement, or in any way <br />interfere with, obstruct or endanger the City's use of the easement. <br />2. Prior to any construction, work or any other activity by the <br />Grantor on the easement, a notification and plans for the same shall be <br />submitted in writing to the City by the Grantor and no such construction, <br />work or activity by the Grantor shall be commenced without the City's prior <br />written approval= PROVIDED, HOWEVER, Any changes or revisions in the plans <br />shall. also be subject to the City's prior approval. The City's review of <br />the Grantor's plans under this easement shall not be ueemed to impose any <br />duty or obligation on the City to determine the adequacy or sufficiency of <br />the Grantor's plans and designs nor whether the Grantor's construction, work <br />or activity is in conformance with other applicable plans, codes and <br />regulations. Further, approval by the City to such construction, work or <br />activity shall not in any manner be considered as imposing any obligation, <br />duty or liability upon the City as to the safety or propriety of such <br />construction, work or activity. <br />3. The Grantor hereby authorizes the City to cut, trim and remove <br />any and all brush, trees, other vegetation or debris upon the easement and <br />the right of access for such purposes. Grantor also authorizes the city to <br />cut, trim and remove any and all brush, trees, other vegetation and debris <br />on Grantor's property which, in the City's reasonable judgment, constitutes <br />a hazard to the easement and the right of access for such purposes. <br />4. The Grantor agrees that title to all brush, trees, other <br />vegetation or debris trimmed, cut and removed from the easement pursuant to <br />this Agreement, and also all brush, trees, other vegetation or debris <br />trimmed, cut and removed from Grantor's land pursuant to this Agreement is <br />vested in the City, and that the consideration paid for conveying said <br />easement and rights herein described is accepted as full compensation for <br />all damages incidental to the exercise of any of said rights. <br />04 <br />8802190057 <br />iI <br />UflL 2 1 PQrF i_ 4. 5 0 FORM 2/87 <br />