12-14-1998 Council Packet - Laserfiche WebLink

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2. Permitted Use. Not withstanding anything herein to the contrary, the existing fence located on a portion of the Land is specifically permitted by Grantee. Grantee hereby further consents to and permits Grantors to (a) maintain, repair, and replace the existing fence as Grantors deem necessary, and (b) the use of that portion of the Land located within the confines of such fence as pasture for the grazing of livestock. 3. Grant of Easement. Grantors hereby grant, gift, quit claim and convey to Grantee, a perpetual flowage easement, the right and privilege to trespass with water over and upon any or all of the Land, and the right to enter upon the Land for the purp ses of inspection and enforcement of the covenants contained herein and to cause to be removed from the Land without any liability any structures, uses, materials, substances, or unnatural matter inconsistent with the natural state of the Land or the covenants contained herein. 4. Enforcement: Release. Grantors hereby release the Grantee, its officers and employees, 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 terms of this Agreement. In addition to any other remedy the Grantee may have, the covenants and restrictions contained herein may be enforced by injunction. 5. No Public Right. The grant of the easement herein does not confer any right, title or interest of the public in or to the Land, except as may be provided herein. 6. Ownership. Grantors hereby certify that they are the lawful owners of the Land and have full right and authority to enter into this Agreement. 7. Binding Effect. This Agreement shall run with the title to the Land and shall extend to and bind the heirs, successors, representatives, grantees or assigns of the respective parties hereto. IN WITNESS WHEREOF, the Grantors and Grantee have made and entered i;i’.o this Agreement effective as of the date first written above. GRANTEE: CITY OF ORONO GRANTORS: Susan K. VanMoorlehem By. Its Mayor Douglas A. VanMoorlehem Its City Clerk 2I028CIB -2-