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shall be established and improved to become an "aeceptable buffer area" as
<br /> described within City Ordinances, and sha11 thereafter be maintained by Grantors in
<br /> perpetuity free from mowing or other vegetative disturbance, fertilizer application,
<br /> yard or other waste disposal, the placement of structures or any other alteration that
<br /> impedes the function of the buffer in protecting the quality of water in the wetland or
<br /> buffering flows into the wetland.
<br /> 3b. Maintenance of Wetland Buffer. The wetland buffer, measuring feet in width
<br /> at a11 points surrounding the wetland and as shown in E�iibit A, sha11 be maintained
<br /> by Grantors in perpetuity as an "acceptable buffer area" as described within City
<br /> Ordinances, free from mowing or other vegetative disturbanc��;;�ertilizer application,
<br /> yard or other waste disposal, the placement of structures or any other alteration that
<br /> impedes the function of the buffer m protecting the quality of water in the wetland or
<br /> buffering flows into the wetland.
<br /> 4. Crrantors for themselves, their heirs, successors and assig�s, furtl�er grant the City �� �
<br /> the affirmative right, but not the obligation to do the fo�a�ng on the e,�sement
<br /> �„
<br /> premises:
<br /> A. Preserve, improve, and enhance the,�slope, trees, veget�r�n,��and natural
<br /> habita.t by altering, cleaxing� a.nd rernoving trees or other��vegetation, by
<br /> changing the contour of th��a�ti, a.�d by p�anting trees�other vegetation.
<br /> B. Enter upon the easemet��premises a�;,any time to enforce compliance with
<br /> the terms of this instrui�ent.
<br /> 5. Grantors reserve for th��i's�lves"a� ��their heirs, successors and assigns and
<br /> their invitees,the right to�n#e�,upon�easement premises and to do and perform
<br /> on the easement premise� s�t��,,;acts as �re not inconsistent with the easement
<br /> rights granted tQ_the City her�in '.��ch use�,shall be deemed to include, but not be
<br /> limited to p��#��t� of trees�,flo��vee�s, and` other vegetation consistent with a
<br /> conservation e���i�i��wallcin�a along�cails and paths; bird watching; the study of
<br /> nature; and all othe��acts o��sim�lar nature or purpose.
<br /> \v\ ift, urt�c�aim and conve to the cit , a e etual flowa e
<br /> 6. Grantars l�ereby grant, g q y y p rp g
<br /> easem��f��a�d�ight and p��ilege to trespass with water over and upon any or all
<br /> of the �asement Premises.` ::<
<br /> 7. Grantor(s)herei�do�liereby remiss, release, acquit and forever discharge, forever,
<br /> ���ie City an�;`any and all of its officers and employees of and from any and a11
<br /> claims, deri�a�d or causes of action of any kind or nature whatsoever which may
<br /> , ,s��' accru� by virtue of any flowage or trespass with water withir� terms of
<br /> .��ese agreements.
<br /> � �� �,,
<br /> 8.������ �� Crrantor(s�,�do not intend that the public should have any interest in the above land
<br /> b�virtue°of this indenture or otherwise, except as heremabove set forth.
<br /> IN WITNESS WHEREOF, the parties hereto have set their hands effective as of the
<br /> day and year set forth above.
<br /> GRANTORS:
<br /> 125005 3
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