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<br /> <br />.. <br /> <br />;: <br /> <br />This easement includes the right to fill areas which lie below <br /> <br />the design water surface profile. Said fill material shall con- <br /> <br />sist of sand, dirt, rock, or other similar materials which shall <br /> <br />not contain debris or other unsuitable materials or items. The <br /> <br />depth of said fill material shall be no greater than 3 (three) <br />feet upon the subject Temporary Fill Easement property. There <br /> <br />will be no density control over this fill material. <br /> <br />D. The State, the Corps or their contractors, agents or <br /> <br />employers shall visibly identify the Temporary Fill Easements <br /> <br />described and shown in Exhibit B and Exhibit C with construction <br /> <br />limit markers. <br /> <br />5. The property described in Exhibits A, Band C is C'lr- <br /> <br />rently or may be subject to conveyance by the Grantor. Though <br /> <br />the State shall record this agreement document upon final execution <br /> <br />by all parties, the Grantor shall notify any and all potential <br /> <br />successors in interest of its existence and shall explicitly make <br /> <br />any and all conveyances subject to this agreement by reference in <br /> <br />the document of conveyance. <br /> <br />6. The Grantor does hereby covenant with the Grantee that <br /> <br />. <br /> <br />Grantor is lawfully seized and possessed of the property above <br /> <br />described, the Grantor has a good and lawful right to convey the <br /> <br />property or any part thereof, that the above described easement <br /> <br />and right of way is free of all encumbrances and that Grantor will <br /> <br />-6- <br />