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3. Construct the_drainage ditch bank to be at a four <br />to one slope ratio or such other slope as owner <br />and City may hereafter agree upon. <br />4. Resod the ditch bank once the construction and cleaning <br />work has been completed. <br />5. City will use its best efforts to attempt *-.o remove a <br />utility power pole from the west side of the newly <br />created and defined Briar Street to the east side of <br />the new Briar street. <br />6. The City will use its best efforts and every available <br />means to have repairs promptly made to the tile <br />line on the Dayton property to avoid or minimize <br />any damage to owners property if tile line should <br />break or fail. <br />Owner agrees that the Easement Parcel shall not be <br />encroached upon by filling, excavation, erection of buildings or <br />permanent enclosures, which would interfere with the Public <br />Improvements or which would otherwise obstruct access ther* to in <br />any manner whatsoever. <br />In the event that use of the Easement Parcel is at any time <br />discontinued by the City, the City shall have thv^ right, but not <br />the duty, to enter further upon the premises and remove all or any <br />portion of the Public Improvements which have been placed upon, <br />over or under the Easement Parcel, granted herein, by the City. <br />The terms and provisions of this instrument shall run with <br />the premises and shall extend to and be binding upon Owner, its <br />heirs, personal representatives, successors and assigns. <br />The Owners covenant that they are the record fee wners of <br />the Easement Parcel and have legal title thereto and have lawful <br />right and authority, without restriction, to convey the easement <br />as herein granted. <br />State Deed Tax Due Hereon: Exempt <br />IN TESTIMONY WHEREOF, the owner has caused these presents to <br />be executed the day and year first above written. <br />Alexander J/^errtiiucci <br />tiianne Jenti/ucci <br />-2-