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G. Application of fertilizers, whether natural or chemical. <br /> H. Application of chemicals for the destruction or retardation of vegetation. <br /> I. The application of herbicides, pesticides, and insecticides, except for noxious <br /> weed control by or as directed by a governmental agency. <br /> J. Outside storage of any kind. <br /> K. Activity detrimental to the preservation of the scenic beauty, vegetation, and <br /> wildlife. <br /> 4. Establishment and Maintenance of Wetland Buffer. The wetland buffer, as shown in <br /> Exhibit B, shall be established and improved when required by City Ordinances to <br /> become an "acceptable buffer area" as described within City Ordinances, and shall <br /> thereafter be maintained by Grantors in perpetuity free from mowing or other vegetative <br /> disturbance, fertilizer application, yard or other waste disposal, the placement of <br /> structures or any other alteration that impedes the function of the buffer in protecting the <br /> quality of water in the wetland or buffering flows into the wetland. <br /> 5. Grantors,their successors and assigns,further grant the City the affirmative right,but not the <br /> obligation to do the following on the easement premises: <br /> A. Preserve, improve, and enhance the slope, trees, vegetation, and natural habitat by <br /> altering, clearing, and removing trees or other vegetation, by changing the contour <br /> of the land, and by planting trees or other vegetation. <br /> B. Enter upon the easement premises at any time to enforce compliance with the <br /> terms of this instrument. <br /> 6. Grantors reserve for themselves and for their successors and assigns and their invitees, <br /> the right to enter upon the easement premises and to do and perform on the easement <br /> premises such acts as are not inconsistent with the easement rights granted to the City <br /> herein. Such uses shall be deemed to include, but not be limited to planting of trees, <br /> flowers, and other vegetation consistent with a conservation easement; walking along <br /> trails and paths; bird watching; the study of nature; and all other acts of a similar nature <br /> or purpose. <br /> 7. 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 of the <br /> Easement Premises. <br /> 8. The Grantors herein do hereby remiss, release, acquit and forever discharge, forever, the <br /> City and any and all of its officers and employees of and from any and all claims, demand <br /> or causes of action of any kind or nature whatsoever which may arise or accrue by virtue <br /> of any flowage or trespass with water within terms of these agreements. <br /> 169385v1 4 <br />