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<br /> , , % construction, work or r�ctivity will not interfere with the City's easement granted '
<br /> . herein; PROVIDGD, HO�VEVER, Any clinnges or revisions in the plans shall also be
<br /> subject to City's prior agreement. The City's review of the Grantor's plars under �
<br /> , this easement shnll not be deemed to impose any duty or obligation on the City to
<br /> • �� determine the adequacy o:• sufficiency of Granter's plans and designs nor whether
<br /> '! Grnntor's construction, work or activity is in conformnnce with other appiicable
<br /> ;� plans, codes and regulations. Further, agreement by the City to such construction,
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<br /> '� work or 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 construction, �
<br /> i wotk or activity. ;
<br /> i3. Grnntor hereEy authorizes City to cut, trim and remove any and all �
<br /> �I brush, trees, other vegetation or debris upon the easement and the right of access '
<br /> �; for such purposes. Grantor aLso authorizes tlie City to cut, trim and remove eny '
<br /> and all brush, trees, other vege�ntion and debris on Grantor's property which, in the
<br /> City's reesonable judgment, constitutes a ttezard to the easement and the riglit of �
<br /> uccess for such purposes.
<br /> � 4. The Grantor agrees that title to all brush, trees, other vegetation or
<br /> ' debris trimmed, cut and removed from the easement pursuent to this Agreement,
<br /> ;i and also all brush, trees, other vegetation or debris trimmed, cut and removed from '
<br /> Grantor's land pursuant to this Agreement is vested in tha City, and that the '
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<br /> ' consideration paid for conveying snid easemeut and rights herein described is
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<br /> 'i 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 the easement or
<br /> constructs anything on the easement without [irst having obtained the written
<br /> a�oroval of tl�e City Engineer, the Grantor shall cease all such activity and remove
<br /> any er�� c'1 improvements pinced thereon without the written agreement of the
<br /> City Engineer. In the e•�ent Grantor fails to obtain prior approval, Grantor hereby
<br /> � authorizes the City to t�emove any and all improvements placed or constructed
<br /> Lhereon 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 rind all costs incurred by the City in removing the
<br /> ! improvements. This right is in addition to any other right the City may have at law �
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<br /> � or in equity, '
<br /> "• 6. Grantor does relense, indemnify and promise to defend and save '
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<br /> � harmless the City, its officers, employees and agents from and against any and all �
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<br /> +� liability, loss, damage, expense, actions and claims, including custs and reasoneble �
<br /> iiattorney's fees incurred by the City, its officers, employees and agents in defense �
<br /> � thereof, asserting or arising directly or indirectly on account of or out of Grantor's I
<br /> � use or activity on/in the above-described eeisement; Provided, However, this
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<br /> paragraph does not purport to indemnify the City ugainst liability for damages �
<br /> (� arisin out of bodil
<br /> g y injury to persons or damages to property ca��sed by or resulting I
<br /> from the sole negligence of the City, its o[ficers, employees and agents. �
<br /> � 7. The Grantor also coven¢nts to and with the City that Grantor is �
<br /> �I lawfully seized and possessed of the land aforesaid; has a good and lawful right and I
<br /> � power to sell and convey same; the[ same is free nnd clear of encumbrnnces,
<br /> liexcept ss above indicated; and that Grantor will forever warrent and defend the �
<br /> ;� title to snid easement and the quiet possession thereof against the lawful claims �
<br /> i� and demands ef all persons whomsoever. I
<br /> �� VOL, 2�oipAGE� �. US I
<br /> EASEMENT —2 i
<br /> �; 8902�. 50293 �
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