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r � <br /> I � <br /> { <br /> � ' <br /> F. Application of fertiiize�, whether natural or chemical. <br /> � G. Applicateon of chemicals for the destruction or retardati�n of vegetation. ; <br /> H. The application of herbicides,pesticides, and insecticides, except for noxious <br /> weed control by or as directed by a governmental agency. <br /> I. Outside storage of any kind. <br /> .i. Activity detrimental to the preservation of the scenic beauty, vegetation,and <br /> � wildlife. <br /> I <br /> � � 3. Establishrnent and Maintenance of Wetlarid Suffer. The wetland buffer,as shown in <br /> � Exhibit A,shail be established and improved when required by City 4rdinances to <br /> become an"acccptable buffer area" as described within City Ordinances, and shall <br /> � thereafter be maintained hy Grantor in perpetuity free from mowing or other vegetative <br /> disturbance, fertilizer application, yard or other waste disposal,th�placement of <br /> structures or any other alteration that impedes the fur►ction of the buffer in prntecting the <br /> quality of water in the wetland or buffering flows into the wetland. <br /> 4. Grantor for himself, his heirs,successors and assigns,further grants the Ciry the affirmative <br /> right,but not the obligation to do the following on the easement premises: <br /> A. Preserve, improve, and enhance the slope,trees,vegetation,and natural habitat by <br /> altering, clearing, and removing trees or other vegetation, by changing the conto�r <br /> I of the land,and by planting trees or other vegetation. <br /> � B. Enter upon the easement premises ai any time to enforce compliance with the <br /> terms of this instrument. <br /> j 5. Grantor reserves for himself arid for his heirs,successars and assigns and his invitees,the <br /> i right to enter upon the easement premises and to do and perform on ihe easement <br /> j premises such acts as are not inconsistent with the easement rights granted to the City ' <br /> � herein. Such uses shall be deemed to include, but not be limited to planting of trees, <br /> , flowers, and other vegetation consistent with a conservation easement; walking along , <br /> j vails and paths;bird watching; the study of nature; and all other acts af a similar nature � <br /> or purpose. � <br /> I <br /> 6. Grantor hereby grants,gifts, quit claims and conveys to the city , a perpetual flowage <br /> � easement and right as�d privilege to trespass with water over and upon any or all of the <br /> Easement Premises. � <br /> � <br /> 7. Grantor herein does hereby remiss, release, acc�uit and forever discharge, forever,the City ' <br /> and any and al! af its officers and empioyees of and from any and all claims,demand or <br /> �i <br /> ia�9oi 3 <br /> Majestic Sp:va Additioa <br /> i <br /> � <br />