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<br /> whatsoever, except: 1) feeders, bird houses, and other devices intended to
<br /> foster wildlife; 2} docks or boardwalks when allowed by City ordinance
<br /> and under a valid City permit; 3) retaining wa11s when allowed by City
<br /> ordinance and under a valid City permit.
<br /> B. Cutting, mowing or remaving shrubs or other vegetation, and cutting or
<br /> removuig trees greater than four inches in diameter, except for tree disease
<br /> control by or as directed by a governmental agency. Grrantor(s} may
<br /> remove brush, diseased or dead trees of any size, and noxious weeds.
<br /> C. Excavation or filling or ma#erial alteration of grade, including changes to
<br /> the size, depth or contour of the wetland; dredging, mining or removal of
<br /> earth, loam,peat, gravel, soil or any other natural material.
<br /> D. The deposit of waste, yard waste, or debris.
<br /> E. Activity detrimental to the screening of the neighboring properties.
<br /> F. Application of fertilizers,whether natural or chemzcal.
<br /> G. Application of chemicals for the destruction or retardation of vegetation.
<br /> H. The application of herbicides, pesticides, and insec�ieides, except for
<br /> noxious weed control by or as directed by a governmental agency.
<br /> I. Outside storage of any kind.
<br /> J. Activity detrimenta.l to the preservation of the scenic beauty, vegetation,
<br /> and vv�ldlife.
<br /> 7. Grantor(s) for themseives, their heirs, successors and assigns, furttier grant the City
<br /> the affirmative right, but not the obligation to do the following on the easement
<br /> premises:
<br /> A. Preserve, improve, and enhance the slope, trees, vegetation, and na.twral
<br /> habitat by altering, clearing, and removmg trees or other vegetation, by
<br /> changing the contour of the land, and by planting trees or other vegetation.
<br /> B. Enter upon the easement prem�ses at any time to enforce compliance witli
<br /> the terms of this instrument.
<br /> 8. Grantor(s) reserve for themselves and far their heirs, successors and assigns and
<br /> their invitees, the right to enter upon the easement premises and to do and perform
<br /> on the easement premises such acts as azs not inconsistent with the easement
<br /> rights granted to the City herein. Such uses sha11 be deemed to include, but not be
<br /> limited to pianting of trees, flowers, and other vegetation consistent with a
<br /> conservation easement; walking along trails and paths; bird watching; the study of
<br /> nature; and a11 other acts of a similar nature or purpose.
<br /> 9. Grantor(s) hereby grant, gift, quit claim and convey to the city , a perpetual
<br /> flowage easement and right and privilege to trespass with water over and upon
<br /> any or a11 of the Easement Premises.
<br /> 10. Grantor(s)herein do hereby remiss, release, acquit and forever discharge, forever,
<br /> the City and any and a11 of its officers and employees of and from any and all
<br /> claims, demand or causes of action of any kind or nature whatsoever which may
<br /> arise or accrue by virtue of any flowage or trespass with water within terms of
<br /> these agreements.
<br /> I 1. Grantor(s)do not intend that the public should have any interest in the above land
<br /> by virtue of this indenture or otherwise, except as hereinabove set forth.
<br /> 125005 3
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