Wetland buffer issue-2010-11 - Laserfiche WebLink

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, • 3. The wetland buffezs, as legally described in Exhibit B, shall be established and, when required by City Orclinances, each shall be improved to become an "acceptable buffer area" as described within City Ordinances,and sha1l thereafter be main.tained by Grantors in perpefuity free from mowing or other vegetative disturbance, fertilizer appiicafion, yard or other waste disposal, the placement of structures or any other alteration that impedes the function of the buffer in protecting the qualit}�of water in the wetland or buffering flows into the wetland:� 4. Grantors for themselves, their heirs, successors and assigns, further grant the City the affirmative right, but not the obligation to do the following on the easement premises: A. Preserve, improve, and enhance the slope, trees, vegetation, and natural habitat by altering, clearing, and reinoving trees or other vegetation, by changing the contour of the land, and by planting trees or other vegetation. B. Enter upon the easement premises at any tirne to enforce compliance with the terms of this instrument. 5. Grantors reserve for themselves and for their heirs, snccessors and assigns and their invitees,the right to enter upon the easement premises and to do and perform on the easement premises such acts as are not inconsistent with the easement rights granted to the City herein. Such uses sha11 be deemed to include, but not be linuted to planting of trees, flowers, and other vegetation consistent with a conservation easement; walking along trails and paths; bird watching; the study of nature; and all other acts of a similar nature or purpose. 6. Grantors hereby grant, gift, quit claim and conve��to the city, a perpetual flowage easement and righi and privilege to trespass with water over and upon any or all of the easement premises. 7. Grantor(s) herein do laereby remiss, release, acquit and forever discharge, forever, the City and any and aIl of its off cers a.nd emplo,yees of and from any and all claims, demand or causes of action of any Icind or nature whatsoever which xr�ay arise or accrue by virtue of any flowage or trespass with water within the boundaries of fhe easement premises. 8. Grantor(s) do not intend that the public should have any interest in the above land by virtue of this indenture or otherUvise, except as hereinabove set forth. jSignature page follows - The remainder of this page is intentionally left blank] Lot 2 3