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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 />the 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 />3. 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 />objects 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 />premises of the Grantor, its successors or assigns: (a) during surveying, construction,
<br />reconstruction, use, maintenance, repair, replacement and/or removal of the Improvements as may
<br />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 />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 />liable 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 />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 />maintain 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 />impair the lateral or subjacent support for the Improvements, whether on the Premises or adjacent
<br />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 right of subjacent and lateral support to whatever extent is
<br />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 />between 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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