Grant of permanent easement/restrictivr covenant for wetland buffer-2008

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3. The wetland buffers, as legally described in Exhibit B, shall be established and, when required by City Ordinances, each shall be improved to become an "acceptable buffer area" as described within City Ordinances, and shall thereafter be maintained by Grantors in perpetuity free from mowing or other vegetative disturbance, fertilizer application, yard or other waste disposal, the placement of structures or any other alteration that impedes the function of the buffer in protecting the quality of water in the wetland or buffering flows into the wetland. 4. Grantors for themselves, their heirs, successors and assigns, further grant t�e 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 removing 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 time to enforce compliance with the terms of this instrument. 5. Grantors reserve for themselves and for their heirs, successors 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 shall be deemed to include, but not be limited 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 convey to the city , a perpetual flowage easement and right and privilege to trespass with water over and upon any or all of the easement premises. 7. Grantor(s) herein do hereby remiss, release, acquit and forever discharge, forever, the City and any and all of its officers and employees of and from any and all claims, demand 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 the boundaries of the 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 otherwise, except as hereinabove set forth. [Signa ture page follo ws - The remainder of this page is intentionally left blankJ Lot 2 3