|
drainage purposes in accordance with the plans therefor approved by the City's Engineer,
<br /> and Grantor thereafter shall maintain the rain garden and infiltration area in perpetuity,
<br /> free from mowing or other vegetative disturbance as an"acceptable wetland area" as
<br /> described in the ordinances of the City. The restrictions on an"acceptable wetland area"
<br /> shall govern over any conflict with prohibited and permitted uses otherwise set forth in
<br /> this Agreement. Specifically, Grantor shall not construct or install within the Easement
<br /> Area any building, structure, walkway, fence,retaining wall, fireplace,pole,playground
<br /> equipment, road,hard cover,underground utility lines, or utility distribution equipment,
<br /> except feeders, birdhouses and other devices intended to foster wildlife,retaining walls
<br /> when allowed by City ordinance and under a valid permit issued by the City, and non-
<br /> hard cover walking paths when approved in writing by the City. After creation of the
<br /> rain garden and infiltration area, no cutting,mowing or removing of shrubs or other
<br /> vegetation, cutting, destroying or removing of trees greater than four inches in diameter
<br /> except for disease control by or as directed by a governmental agency or by special
<br /> permit for maintenance as part of an approved vegetation management plan and to
<br /> maintain, repair and reconstruct the rain garden and infiltration area, shall be permitted.
<br /> The foregoing shall not prohibit the removal of brush, diseased or dead trees of any size,
<br /> and buckthorn and noxious weeds,from the Easement Area. After creation of the rain
<br /> garden and infiltration area, no excavation or filling or material alteration of the grade of
<br /> the Easement Area, including changes to the size, depth or contour of the Easement Area,
<br /> dredging, mining or removal of earth, loam,peat, gravel, soil or any other natural
<br /> material, shall be permitted. Grantor shall not permit the free roaming of domestic
<br /> animals in the Easement Area or the deposit of waste,yard waste or debris therein.
<br /> Grantor shall not apply in the Easement Area any fertilizers, whether natural or chemical,
<br /> chemicals for the destruction or retardation of vegetation,herbicides,pesticides or
<br /> insecticides, except for noxious weed control by or as directed by a governmental agency.
<br /> No outside storage of any kind shall be permitted in the Easement Area.
<br /> 3. Rights of the City. Grantor, for himself and his successors in title to the Property, hereby
<br /> grants to the City the affirmative right,but not the obligation, in order to effectuate the
<br /> purposes of this Agreement,to preserve, improve and enhance the slope,trees,vegetation
<br /> and natural habitat of the Easement Area by altering, clearing and removing trees or other
<br /> vegetation, changing the contour of the land, and planting trees and other vegetation, and
<br /> to enter upon the Easement Area at any time to enforce compliance with the terms of this
<br /> Agreement.
<br /> 4. Grant of Flowage Easement. Grantor hereby grants, gifts, quitclaims and conveys to the
<br /> City a perpetual flowage easement and right and privilege to trespass with water over and
<br /> upon any or all of the Easement Area.
<br /> 5. Release. Grantor, for himself and his successors in title to the Property, hereby remises,
<br /> releases, acquits and forever discharges the City and any and all of its officers and
<br /> employees of and from any and all claims, demands or causes of action of any kind or
<br /> nature whatsoever which may arise or accrue by virtue of any flowage or trespass with
<br /> water over and upon any or all of the Easement Area as permitted by this Agreement.
<br /> 2
<br /> 200748v1
<br />
|