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4. Grant of Flowage Easement. Grantor hereby grants, gifts, quit claims and conveys to the <br />City a perpetual flowage easement and right and privilege to trespass with water over and <br />upon any or all of the Easement Premises. <br />5. Release. Grantor hereby remises, releases, acquits and forever discharges, forever, the <br />City and any and all of its officers and employees of and from any and all claims, <br />demands or causes of action of any kind or nature whatsoever which may arise or accrue <br />by virtue of any flowage or trespass with water over and upon any or all of the Easement <br />Premises within the terms of this Agreement. <br />6. No Public Interest. Nothing contained herein or the dedication in the Plat shall be <br />construed as creating any use rights in the general public or as dedicating for public use <br />any portion of the Easement Premises, except as expressly described in this Agreement. <br />7. Amendment. This Agreement may be amended, modified, or terminated in part or in <br />whole by written consent of the City, or its respective successors and assigns. <br />IN WITNESS WHEREOF, the Grantor hereto has executed this easement effective as <br />of the day and year set forth above. <br />[Signature contained on following page.] <br />1884021 <br />