Grant of permanent flowage and conservation easement/restrictive covenant

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. � 3. Establishment �nd Maintenance of Wetland Buffer. The Wetland Buffer, surrounding the wetland and of variable width as shown in �xhibit A, shall be estlblishecl and improved to become an "acceptable buffer area" as described within City Ordinances, and shall thereaftei• be maintained by Grantor(s) in perpetuity free from mowing or other vegetative disturbance, fertilizer application, y�rd or other waste disposal, the placement of structures or any other alteration that impedes the fiinction of the buffer in protecting the quality of water in the wetland or buffering flows into the wetland. 4. Gr�ntor(s) for themselves, their heirs, successors and assigns, fiirther grant the City the aff rmative 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 removii�g trees or other ve�etation, by changing the contour of the land, and by planting trees or other vegetation. B. Enter upon the Casement Premises at any time to enforce conlpliance with the terms of this instrument. 5. Grantor(s) reserve for themselves and for their heirs, successors and assigns and their invitees, the right to enter upon the �asement Premises and to do and perfornl on the �asement 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 consei•vation easement; walking along trails and paths; bird watching; the study of nature; and all other acts of a similar nature or purpose. 6. Grantor(s) 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 1nd 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 tenns of these agreements. 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. 9. The City agrees, that in the event the wetland or wetland b�rffer standards in effect at the time of this Agreement, should change, then upan written request by Grantor to the City, this Agreecnent shall be modified to reflect the wetland and wetland buffer standards in effect at the time of such written request. The City fiirther lgrees that any permiited structure or improvements located outside of a wetland or wetland buffer at the time of their permitting sh�ll be allowed to remain, even if located within a wetland or wetland buffer at the time of modif cation. 125005 3