2020-143 Council Resolution - Laserfiche WebLink

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• • 2. Scope of Easement. The easement granted hereunder includes the right of Grantee, its contractors, agents, and employees to enter upon said premises at all reasonable times for the purposes of construction, grading, sloping, and restoration purposes, and all purposes ancillary thereto, together with the right to remove trees, shrubs, or other vegetation in the Easement Area, as well as the right to deposit earthen materials within the Easement Area, all as necessary to utilize the Easement Area for the intended drainage and utility purposes. The City will install utility infrastructure at depths and locations generally consistent with the October 12, 2020 plans prepared by WSB Engineering, and will conspicuously flag the manholes identified in the plans, so long as the property burdened by the Easement is used for agricultural purposes. 3. Obligation to Repair. Grantee shall, at its own expense, restore the land (to substantially its condition immediately prior to the disturbance) in the Easement Area or the surrounding area in the event of a disturbance caused by Grantee's use of the Easement Area. However, Grantee shall not be required to restore agricultural crops impacted by Grantee's use of the Easement Area. 4. Warranty of Title. Grantors warrant they are the owners of the property described herein and have the right, title and capacity to convey to Grantee the easement described herein. 5. Environmental Matters. The Grantee shall not be responsible for any costs, expenses, damages, demands, obligations, including penalties and reasonable attorney's fees, or losses resulting from any claims, actions, suits or proceedings based upon a release or threat of release of any hazardous substances, pollutants, or contaminants that may have existed on, or that relate to, the Easement Area described herein or the surrounding property prior to the date of this instrument. 6. Indemnity and Liens. Grantee shall defend, indemnify, and hold Grantors harmless from any claims, losses, expenses, or damages, including without limitation reasonable attorney's fees, arising from its use of the Easement Area. Grantee shall keep the Easement Area free from liens for work done by Grantee in the Easement Area. 7. Grantors' Use of Easement Area. Grantors retain the right to use the Easement Area for uses not inconsistent with the rights granted to Grantee hereunder, including without limitation the right to farm, landscape, install roads and driveways and, as permitted by pertinent city code, utilize the area within the Easement Area for meeting performance standards for development of Grantors' adjacent property. 8. Binding Effect. The terms and conditions of this instrument shall run with the land and be binding on Grantor and its successors and assigns.