04-10-2013 - Easement (conser. ease. & rest. cov. for wet.)

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I. Outside storage of any kind. J. Activity detrimental to the preservation of the scenic beauty,vegetation, and wildlife. 3. Establishment and Maintenance of Wetland Buffer. The wetland buffer measuring 16.5 feet in width at all points surrounding the wetland and as shown on Exhibit A, shall be established and improved to become an"acceptable buffer area"as described within City Ordinances, and shall thereafter be maintained by Grantor in perpetuity free from mowing or other vegetative disturbance,fertilizer application,yard or other waste disposal,the placement of structures or any other alteration that impedes the function of the buffer in protecting the quality of water in the wetland or buffering flows into the wetland. 4. Grantor,its successors and assigns,further grants the City the affirmative right,but not the obligation to do the following on the easement premises: A. Preserve,improve, and enhance the slope,trees,vegetation,and natural habitat by altering, clearing, and removing trees or other vegetation,by changing the contour of the land, and by planting trees or other vegetation. B. Enter upon the easement premises at any time to enforce compliance with the terms of this instrument. 5. Grantor reserves for itself and for its successors and assigns and their invitees,the right to enter upon the easement premises and to do and perform on the easement premises such acts as are not inconsistent with the easement rights granted to the City herein. Such uses shall be deemed to include,but not be limited to,planting of trees, flowers, and other vegetation consistent with a conservation easement;walking along trails and paths;bird watching;the study of nature; and all other acts of a similar nature or purpose. 6. Grantor hereby grants, gifts, quit claims and conveys to the City a perpetual flowage easement and right and privilege to trespass with water over and upon any or all of the easement premises. 7. The Grantor herein does hereby remiss,release, acquit and forever discharge,forever,the City and any and all of its officers and employees of and from any and all claims, demands or causes of action of any kind or nature whatsoever which may arise or accrue by virtue of any flowage or trespass with water within the easement premises. Grantor's personal obligations under the grant shall terminate at such time as Grantor no longer holds fee title to the land on which the easement premises is located and such obligations shall be assigned to the next fee holder. 8. Grantor does not intend that the public should have any interest in the above land by virtue of this indenture or otherwise,except as hereinabove set forth. 163733 3