1105 84TH ST SE 2018-01-02 MF Import

This easement is granted subject to and conditioned upon the following terms, conditions and covenants: 1. Grantor shall at all times conduct its activities and all other activities conducted on Grantor's property so as not to interfere with, obstruct or endanger the usefulness of any improvements, or other facilities, now or hereafter maintained upon the easement, or in any way interfere with, obstruct or endanger the City's use of the casement. 2. Prior to any construction, work or any other activity by Grantor on the easement, a notification and plans for the same shall be submitted in writing to the City by Contractor and no such construction, work or activity by Grantor shall be commenced without City's prior written agreement that the Grantor's proposed construction, work or activity will not interfere with the City's casement granted herein; PROVIDED, HOWEVER, any changes or revisions in the plans shall also be subject to City's rrior agreement. The City's review of the Grantor's plans under this easement shall not be deemed to impose any duty or obligation on thz City to determine the adequacy or sufficiency of Grantor's plans and designs nor whether Grantor's construction, work or activity is in conformance with other applicable plans, codes and regulations. Further, agreement by the City to such construcuon, work or activity shall not in any manner be considered as imposing any obligation, duty or liability upon the City as to the safety or propriety of such construction, work or activity. 3. Grantor hereby authorizes City to cut, trim and remove any and all brush, trees, other vegetation or debris upon the easement and the right of access for such purposes. Grantor also authorizes the City to cut, trim and remove any and all brush, trees, other vegetation and debris oil Grantor's property which, in the City's reasonable judgment, constitutes a hazard to the casement and the right of access for such purposes. 4. The Grantor agrees that title to all brush, trees, other vegetation or debris trimmed, cut and removed from the easement pursuant to this A', int, and also all brush, trees, other yr ;elation or debris trimmed, cut and removed from Grantor's land pursuant to this Agreement is vested in the City, and that the consideration paid for conveying said casement and rights herein described is accepted as full compensation for all dams -es incidental to the exercise of any of said rights. roe. 2838PacE14931 z