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116.60 feet; thence North 43 degrees 45 minutes 00 seconds East <br /> a distance of 38.50 feet to a line distant 15.00 feet Southeasterly <br /> of and parallel with a line which bears North 75 degrees 15 <br /> minutes 00 seconds East from the point of beginning; thence <br /> South 75 degrees 15 minutes 00 seconds West, along said parallel <br /> line, a distance of 235.00 feet to the South line of said Lot 1, <br /> thence West, along said South line of said Lot 1, a distance of <br /> 58.92 feet to the point of beginning. <br /> 4.0 This easement is granted subject to the following conditions: <br /> A. The City, at its sole expense, shall be responsible for maintaining the <br /> non-landscaped portion of the storm water pond included within the <br /> above-described easement, including without limitation, the inlet and <br /> outlet structures for the storm water pond and the removal of debris from <br /> the storm water pond and shall assume all liability therefore. <br /> B. Grantor, at its sole expense, shall maintain the landscaped portion of the <br /> property included within the easement in a manner consistent with <br /> Grantor's overall landscaping for Lot 1, Block 1, Northwoods and shall <br /> assume all liability therefore. <br /> C. Grantor shall not deposit any debris or grass clippings in the easement <br /> area. <br /> D. City hereby agrees to save, indemnify, defend, and hold Grantor <br /> harmless from any and all claims, demands, actions, causes of actions, <br /> rights, and damages, whether known or unknown, liquidated or <br /> unliquidated, fixed or contingent, and of every kind, nature and <br /> description relating to the City's failure to comply with obligations under <br /> Section 4.0 (A) above. <br /> E. The Grantor hereby agrees to save, indemnify, defend and hold City <br /> harmless from any and all claims, demands, actions, causes of actions, <br /> rights and damages, whether known or unknown, liquidated or <br /> uniiquidated, fixed or contingent, and of every kind, nature and <br /> description relating to Grantor's failure to comply with its obligations as <br /> defined in Section 4.0 (B) above. <br /> 2 <br />