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6307 36TH AVE W 2021-12-16
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6307 36TH AVE W 2021-12-16
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Last modified
12/16/2021 1:53:41 PM
Creation date
8/2/2017 2:27:37 PM
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Address Document
Street Name
36TH AVE W
Street Number
6307
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EASEMENT <br />vegetation or debris upon the easement and the right of access for such purposes. Grantor also <br />authorizes the City to 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 a hazard to the <br />easement and the right of access for such purposes. <br />4. The Grantor agrees that title to all brush, trees, other vegetation or debris trimmed, cut <br />and removed from the easement pursuant to this Agreement, and also all brush, trees, other <br />vegetation or debris 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 easement and rights herein <br />described is accepted as full compensation for all damages incidental to the exercise of any of <br />said rights. <br />5. In the event Grantor places any improvements on or in the easement or constructs <br />anything within the easement without first having obtained the written approval of the City <br />Engineer, the Grantor shall cease all such activity and remove any and all improvements placed <br />therein without the written agreement of the City Engineer. In the event Grantor fails to obtain <br />prior approval, Grantor hereby authorizes the City to remove any and all improvements placed or <br />constructed therein and hold the City, its officers, employees and agents harmless from damage <br />caused to said improvements from removal thereof. Grantor further agrees to pay the City for <br />any and all costs incurred by the City in removing the improvements. This right is in addition to <br />any other right the City may have at law or in equity. <br />6. Grantor does release, indemnify and promise to defend and save harmless the City, its <br />officers, employees and agents from and against any and all liability, loss, damage, expense, <br />actions and claims, including costs and reasonable attorney's fees incurred by the City, its <br />officers, employees and agents in defense thereof, asserting or arising directly or indirectly on <br />account of or out of Grantor's use or activity within the above -described easement. This <br />paragraph does not purport to indemnify the City. against liability for damages arising out of <br />
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