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<br /> I sidewalk, street light,power pole,yard light,mailbox or sign,whether temporary or permanent, or
<br /> any shrub,tree,woody plant,nursery stock,garden or other landscaping design feature of any kind
<br /> placed on the Premises by Grantor;its successors and assigns,subsequent to the date hereof without
<br /> Ithe District's consent may be removed by the District at the expense of Grantor,its successors or
<br /> assigns,without liability to the District.
<br /> I3. The District shall have the right to enter upon the Premises and to survey,construct,
<br /> reconstruct, operate, use, maintain,repair, replace and remove the Improvements, and to remove
<br /> Iobjects interfering therewith,including but not limited to those items placed on the Premises under
<br /> paragraph 2 hereof: In addition,the District shall have the right to use so much of the adjoining
<br /> Ipremises of the Grantor, its successors or assigns: (a) during surveying, consttuction,
<br /> reconstruction,use,maintenance,repair,replacement and/or removal of the Improvements as may
<br /> I be reasonably required;and(b)to maintain or restore the thalweg of the South Platte River so as to
<br /> maintain the same along the face of the District's diversion structure;provided,however;that such
<br /> I activities shall not interfere unreasonably with Grantor's, its successors' or assigns' use and
<br /> enjoyment of such adjoining premises. The District and its permitted assignees and licensees shall
<br /> repair any damage caused to any adjoining premises and the improvements thereon, and shall be
<br /> Iliable for any injury to person or damage to property,to the extent arising out of the District's, its
<br /> permitted assignee's or licensee's use of the Easement.
<br /> 1 4. The District shall have and exercise the right of subjacent and lateral support to
<br /> whatever extent is necessary for the operation and maintenance of the Improvements and to
<br /> Imaintain the thalweg of the South Platte River along the face of the District's diversion structure. It
<br /> is specifically agreed between and among the Grantor and the District that, except as provided in
<br /> this Easement, the Grantor, its successors and assigns, shall not take any action which would: 1)
<br /> I impair the lateral or subjacent support for the Improvements,whether on the Premises or adjacent
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<br /> I to the Premises;or 2)change the thalweg of the South Platte River, the Grantor,its successors and
<br /> assigns, shall have and exercise the tight of subjacent and lateral support to whatever extent is !,
<br /> I necessary for the operation and maintenance of any improvements on property adjoining the
<br /> Premises so long as such support does not impair in any way the subjacent or lateral support of the
<br /> Improvements or change the thalweg of the South Platte River. It is specifically agreed by and
<br /> Ibetween the Grantor and the District that,except as provided in this Easement,the District shall not
<br /> take any action which would impair the lateral or subjacent support for such improvements.
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