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THEREFORE, in consideration of the mutual covenants contained herein, it is agreed: <br />1. Conveyance of Easements. For and in consideration of Four Thousand Four <br />Hundred Fifty -Five Dollars ($4,455) and other good and valuable consideration, the Grantor <br />hereby grants and conveys unto the Grantee, its successors and assigns, the Permanent Easement <br />upon that portion of Grantor's real estate as described and shown on Exhibit "A" attached hereto, <br />which portion is referred to as the "Levee Easement ", for the purposes of constructing, including <br />but not limited to soil removal and addition as necessary, maintaining, repairing, operating, <br />patrolling, and replacing a levee to be situated in the bounds of the Levee Easement, together <br />with the temporary easement upon that portion of the Grantor's real estate as described and <br />shown on Exhibit "A attached hereto, which portion is referred to as the "Temporary Easement ", <br />for the purpose of temporary use of the Temporary Easement area for construction of the flood <br />levee. <br />2. Obligations of Grantee. Grantee, its heirs, successors and assigns, <br />201607889 <br />(a) Will cause the Levee Easement and Temporary Easement areas to be covered <br />with topsoil and seeded; <br />(b) May spray or remove noxious weeds and tree growth in the Levee <br />Easement area as Grantee determines necessary, with the understanding that <br />routine maintenance may be performed by Grantee or its successors or assigns or <br />any co- sponsors of the project; <br />(c) Will place bollards, spaced along the outer line of the Levee Easement to <br />demonstrate such line of easement. The permanent easement area may be fenced <br />by Grantee if it deems it necessary to protect such area from erosion or use by <br />unauthorized individuals or if the real estate changes ownership. <br />(d) Acknowledge that Grantor will continue to have rights of ingress and egress to the <br />Levee Easement and Temporary Easement areas for operation and maintenance of <br />powerline facilities. If Grantee places bollards, fencing or other protective <br />measures along the south line of the Levee Easement, Grantee will allow for <br />Grantor access at any time to the Levee Easement area. <br />(e) Acknowledge and approve the presence of existing powerline facilities in and <br />across the Levee Easement and Temporary Easement including three overhead <br />power lines, two single -pole structures and one guy wire as shown on Exhibit `B" <br />attached hereto. <br />2 <br />