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C. Excavation or filling or material alteration of grade, including changes to
<br /> the size, depth or contour of the wetland; dredging, mining or removal of
<br /> earth, loam, peat, gravel, soil or any other natural material.
<br /> D. The deposit of waste, yard waste, or debris.
<br /> E. Activity detrimental to the screening of the neighboring properties.
<br /> F. Application of fertilizers, whether natural or chemical.
<br /> G. Application of chemicals for the destruction or retardation of vegetation.
<br /> H. The application of herbicides, pesticides, and insecticides, except for
<br /> noxious weed control by or as directed by a governmental agency.
<br /> I. Outside storage of any kind.
<br /> J. Activity detrimental to the preservation of the scenic beauty, vegetation,
<br /> and wildlife.
<br /> 2. That the wetland buffer, measuring 25 feet in width at all points surrounding the
<br /> wetland and as shown in Exhibit A, shall be maintained by Grantors in perpetuity as
<br /> an "acceptable buffer area" as described within City Ordinances, free from mowing
<br /> or other vegetative disturbance, fertilizer application, yard or other waste disposal,
<br /> the placement of structures or any other alteration that impedes the function of the
<br /> buffer in protecting the quality of water in the wetland or buffering flows into the
<br /> wetland.
<br /> 3. Grantors for themselves, their heirs, successors and assigns, further grant the City
<br /> the affirmative right, but not the obligation to do the following on the easement
<br /> premises:
<br /> A. Preserve, improve, and enhance the slope, trees, vegetation, and natural
<br /> habitat by altering, clearing, and removing trees or other vegetation, by
<br /> changing the contour of the land, and by planting trees or other vegetation.
<br /> B. Enter upon the easement premises at any time to enforce compliance with
<br /> the terms of this instrument.
<br /> 4. Grantors reserve for themselves and for their heirs, successors and assigns and
<br /> their invitees, the right to enter upon the easement premises and to do and perform
<br /> on the easement premises such acts as are not inconsistent with the easement
<br /> rights granted to the City herein. Such uses shall be deemed to include, but not be
<br /> limited to planting of trees, flowers, and other vegetation consistent with a
<br /> conservation easement; walking along trails and paths; bird watching; the study of
<br /> nature; and all other acts of a similar nature or purpose.
<br /> 5. Grantors hereby grant, gift, quit claim and convey to the city , a perpetual flowage
<br /> easement and right and privilege to trespass with water over and upon any or all
<br /> of the Easement Premises.
<br /> 6. Grantor(s) herein do hereby remiss, release, acquit and forever discharge, forever,
<br /> the City and any and all of its officers and employees of and from any and all
<br /> claims, demand or causes of action of any kind or nature whatsoever which may
<br /> arise or accrue by virtue of any flowage or trespass with water within terms of
<br /> these agreements.
<br /> 7. Grantor(s) do not intend that the public should have any interest in the above land
<br /> by virtue of this indenture or otherwise, except as hereinabove set forth.
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