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<br />3. Scope of Easement Rights. The Easement includes the rights of the City, its
<br />employees, contractors, agents, and assigns, to enter upon the Property at all reasonable times for the
<br />following:
<br />A. Public Right-of-Way Purposes.
<br />i. To locate, construct, reconstruct, operate, maintain, inspect, alter, and repair within
<br />the Easement Area, public right-of-way for roadway use; and
<br />ii. To grade, level, fill, drain, pave, and excavate the Easement Area; and
<br />iii. To remove trees, bushes, undergrowth, and other obstructions interfering with the
<br />location, construction, and maintenance of the public right-of-way for roadway use.
<br />B. Public Drainage and Utility Purposes.
<br />i. To locate, construct, reconstruct, operate, maintain, inspect, alter, and repair within
<br />the Easement Area, storm sewer, sanitary sewer and water facilities, ground surface
<br />drainage ways, or other public facilities or improvements of any type that are not
<br />inconsistent with public drainage and utility use; and
<br />ii. To grade, level, fill, drain, pave, and excavate the Easement Area; and
<br />iii. To remove trees, bushes, undergrowth, and other obstructions interfering with the
<br />location, construction, and maintenance of the public drainage and utility system.
<br />4. Duration of Easement. The easement is permanent and remains in effect until vacated
<br />by the City.
<br />5. Warranty of Grantor. The Grantor, for itself and its heirs, successors, and assigns,
<br />does covenant with the City, its successors and assigns, that Grantor is well seized in fee title of the
<br />Property; that Grantor has the sole right to grant and convey the easement to the City; that there are
<br />no unrecorded interests in the Property; and that Grantor will indemnify and hold the City harmless
<br />for any breach of the foregoing covenants.
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