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i <br /> � 4. Grantors for themselves, their heirs, successors and assigns, fiuther grant the City <br /> � the affirmative right, but not the obligation to do the following on the easement <br /> 1 premises: <br /> A. Prese�ve, improve, and enhance the slope, treGs, vegetation, and natural <br /> habitat by altering, clearing, and removing trees or ather vegetation, bj+ <br /> changing the contour of the land,and by planting trees or other vegctation. <br /> B. Enter upon the easement premises at any time to enforce compliance with <br /> the terms of this instrument. <br /> 5. Grantors reserve for themselves and for their heirs, successors and assigns and ; <br /> iheir invitees,the right to enter upon the easement premises and to do and perform ; <br /> ; on the easement premises such acts as are not inconsistent with the easemcnt <br /> ' rights granted to the City herein. Such uses sl�all be deemed to include,but not be <br /> ' lirnited to planting 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 aIl other acts af a similar nature or purpose. <br /> ' 6. Grarttors hereby grant,gift,quit claim and convey to the city, a perpetual tlowage <br /> easement and nght and privilege to trespass with water over and upon any or all <br /> of the Easement Premises. <br /> 7. Grantorts)herein do hereby remiss,relesse, acquit and forever discharge, forever, <br /> the City and any and all of its officers and employees of and from any and all <br /> cfaims, demand or causes of action of any kind ar nature whatsoever which may <br /> arise or acorue by virtue of any flowage or trespass with water within terms of <br /> these agreements. <br /> 8. Grantor(s)c!o 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 /> IN WITNESS WHEREOF, the parties hereto have set their hands e�ective as of the <br /> day and year set forth above. <br /> GRANTORS: <br /> ; BUILDERS DEVELOPMENT&FINANCE,INC. <br /> � �iJ,�;t� i�,�.,C�y G'^^ <br /> w�iu�T.Keenan,III <br /> � Presidcnt <br /> I <br /> STATE OF MINNESOTA ) <br /> )ss. . � <br /> C4UNTY OF 1�1 c.�r��G�T ) <br /> 125005 3 <br />