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12-14-1998 Council Packet
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12-14-1998 Council Packet
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D. No use shall be made of the Easement Areas which would tend to change the drainage, <br />flood control, water conservation, erosion control and soil conservation characteristics <br />within the Easement Areas. <br />3.Permitted Uses. <br />A.Grantors may use the Easement Areas for any purpose that does not change or alter the <br />natural condition of the Easement Areas. <br />B. Grantors may utilize that portion of the Easement Area that lies within the confines of an <br />existing fence located on Lot 1, Block 1, Tumham Toll Addition for the purposes of the <br />grazing of livestock, and Grantors shall have the full right to maintain, repair and replace <br />such fence as they deem necessary. <br />4. Enforcement: Release. The conditions contained in the Drainage Easement may be enforced by <br />the City, and the City and its agents may enter upon and im'pcct the Easement Areas to insure compliance by the <br />Grantors with the terms and conditions herein. <br />Grantors hereby release the City, its officers and employees, from any and all claims, demands or <br />causes of action of any kind or nature whatsoever which may arise o; accrue by virtue of its right to enforce the <br />provisions contained herein or its inspection of the Easement Areas. <br />5. No Public Right. The easement herein declared over the Easement Areas does not confer any <br />right, title or interest of the public in or to the Easement Areas. <br />6. Ownership. VanMoorelehms hereby covenant that they are the lawful owners of Lot 1, Block 1, <br />Tumham Toll Addition, and Tumhams hereby covenants that they are the lawful owners of Lot 1, Block 2 and <br />Lot 1, Block 3, Tumham Toll Addition, and that each has the lawful right and authority to declare the easements <br />over such land owned by them. <br />7. Binding Effect. This Drainage Easement shall run with the title to the land described herein and <br />shall extend to and bind the Grantors, their respective heirs, successors, representatives, grantees or assigns. <br />IN WITNESS WHEREOF, Grantors have made and entered into this Drainage Easement <br />effective as of the date first written above. <br />GRANTORS: <br />Susan K. VanMcorlehem <br />Douglas A. VcnMoorlehem <br />20997CLB
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