01-27-2014 Council Packet - Laserfiche WebLink

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INITIAL DRAFT LANGUAGE FOR OLIVER HILL - For Discussion Onlv Drainage Easement. Declarant, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency whereof is hereby acknowledged, does hereby grant, bargain, quitclaim and convey unto the City, forever, the following perpetual drainage easement over and under and across that part of the Property legally described in Exhibit C attached hereto (the "Drainage Easement Area"). Said easement includes the free right of the City or its agents to enter upon, under and over said Drainage Easement Area, to remove trees, brush, grass and dirt and other structures therefrom and to construct, maintain, repair, reconstruct and use drainageways and other improvements related thereto, and to enter upon said easement for the purpose of inspecting, repairing, removing and reconstructing such facilities. The City shall return the area it disturbs to grade and seed the same and replace the surface soil with the original type material. Declarant agrees to the following: (A) No trees, shrubs or other vegetation shall be destroyed, cut or removed from the Drainage Easement Area except as authorized by written consent of City. (B) No earth, loam, peat, gravel, soil or any other natural material or substance shall be moved or removed from the Drainage Easement Area and there shall be no dredging or excavation of any nature whatsoever or any change of the topography of the Drainage Easement Area without the written consent of City. (C) No soil, sand, gravel, or other substance or material as landfill shall be placed, dumped or stored upon the Drainage Easement Area and no waste, trash or garbage shall be placed, dumped, or stored upon the Drainage Easement Area. (D) No use shall be made of the Drainage Easement Area except uses, if any, which will not change or alter the natural condition of the Drainage Easement Area, and no use which would tend to change the drainage, flood control, water conservation, erosion control, soil conservation, fish and wildlife habitat characteristics shall be made of the Drainage Easement Area or the water situated thereon. Declarant does hereby remiss, release, acquit and forever discharge, the City and any and all of its officers and employees of and from any and all claims, demands or causes of action of any kind or nature whatsoever which may arise or accrue by virtue of any flowage or trespass with water. Declarant does not intend that the public should have any interest in the above Drainage Easement Area by virtue of this Declaration or otherwise, except as hereinabove set forth. Declarant does covenant that Declarant is in possession of the above described property and easement and has lawful right and authority to convey and grant the easement herein granted. D/��Nq{� j a� /