Laserfiche WebLink
to planting of trees, flowers, and other vegetation consistent with a conservation <br /> easement; walking along trails and paths; bird watching; the study of nature; and all other <br /> acts of a similar nature or purpose. <br /> 4. Grant of Flowage Easement. Grantor hereby grants, gifts, quit claims 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 Premises. <br /> 5. Release. Grantor hereby remises, releases, acquits and forever discharges, forever, the <br /> City and any and all of its officers and employees of and from any and all claims, <br /> demands or causes of action of any kind or nature whatsoever which may arise or accrue <br /> by virtue of any flowage or trespass with water over and upon any or all of the Easement <br /> Premises within the terms of this Agreement. <br /> 6. Ownership. The above named Grantor,its successors, and assigns do covenant with the City, <br /> its successors and assigns, that it is well seized in fee title of the above described Easement <br /> Premises;that it has the sole right to grant and convey the easement to the City;that there are <br /> no unrecorded interests in the Easement Premises;and that it will indemnify and hold the City <br /> harmless for any breach of this covenant. <br /> 7. No Public Interest. Nothing contained herein or the dedication in the Plat shall be <br /> construed as creating any use rights in the general public or as dedicating for public use <br /> any portion of the Easement Premises, except as expressly described in this Agreement. <br /> 8. Amendment. This Agreement may be amended, modified, or terminated in part or in <br /> whole by written consent of the City, or its respective successors and assigns <br /> 9. Counterparts. This Grant may be executed in one or more counterparts, each of which <br /> shall be deemed an original, and all of which together shall constitute one and the same <br /> instrument. <br /> IN WITNESS WHEREOF, the Grantor hereto has executed this easement effective as <br /> of the day and year set forth above. <br /> [Signature contained on following page.] <br /> 3 <br />