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1. Conveyance of Easements. For and in consideration of
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<br />and other good and valuable consideration, the Grantor hereby grants and conveys unto the
<br />Grantee, its successors and assigns, the Permanent Easement upon that portion of Grantor's real
<br />estate as described and shown on Exhibit "A" attached hereto, which portion is referred to as the
<br />"Levee Easement ", for the purposes of constructing, including but not limited to soil removal
<br />and addition as necessary, maintaining, repairing, operating, patrolling, and replacing a levee to
<br />be situated in the bounds of the Levee Easement, together with the temporary easement upon that
<br />portion of the Grantor's real estate as described and shown on Exhibit "A attached hereto, which
<br />portion is referred to as the "Temporary Easement ", for the purpose of temporary use of the
<br />Temporary Easement area for construction of the flood levee.
<br />2. Obligations of Grantee. Grantee, its heirs, successors and assigns,
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<br />(a) Will cause the Levee Easement areas to be covered 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 />Grantor or if the real estate changes ownership.
<br />(d) Upon completion of the project, will cause all construction equipment,
<br />construction materials, and foreign materials of whatever kind or description not a
<br />part of the completed project to be removed from Grantor's real estate.
<br />3. Obligations of Grantor. Grantor, its heirs, successors and assigns, shall not allow
<br />any structures, buildings, or other property, or obstruction or fences of any kind whatsoever, to
<br />be erected, constructed, placed, stored or accumulated in, up, above, along, over, across, or
<br />through the Levee Easement herein granted, and shall not disrupt or remove soil, farm, or
<br />change Levee Easement area elevations without written permission of Grantee.
<br />4. Permitted Uses for Temporary Easements. The Temporary Construction
<br />Easement may be utilized by the Grantee, its agents, employees, licensees, contractors,
<br />subcontractors and their employees, for the purposes of ingress, egress, construction equipment
<br />operation and soil removal as necessary for construction, and to otherwise facilitate Grantee's
<br />construction.
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