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<br />. ' <br /> <br />facilities shall be controlled by the plans as submitted by the CITY and DECKER and as <br /> <br /> <br />permitted by the 51. Johns River Water Management District ("SJRWMD"). <br /> <br />2, The CITY hereby grants an easement to DECKER on the CllY's property <br /> <br />for the construction of (1) that portion of the on-site pond that will be constructed on the <br /> <br />CllY's property as depicted on DECKER's Engineering Plans submitted to and <br /> <br /> <br />permitted by SJRWMD, (2) the east swale, and (3) the south swale. The scope of this <br /> <br />easement shall include the construction of any necessary appurtenant facilities by <br /> <br />DECKER. <br /> <br />3, DECKER or his successor shall construct a swale along the east property <br /> <br /> <br />line of DECKER's property along with a drainage pipeline that will connect to another <br /> <br /> <br />swale located south of DECKER's property. The south swale shall be constructed by <br /> <br /> <br />the DECKER. All swales shall be constructed in accordance with the plans as <br /> <br /> <br />submlt1ed to and permitted by SJRWMD, but both swales shall be constructed on the <br /> <br />CITY's property. <br /> <br />4, The CITY agrees to grass the area east of the east swale and south of the <br /> <br />south swale to be constructed by DECKER if DECKER's swale is completed before the <br /> <br />CllY completes its construction under its permit. In any event, the CITY will grass over <br />all of its construction work. <br /> <br />5, The CITY agrees that the dewatering of the wetland area will be allowed <br /> <br /> <br />to drain into the existing drainage well or into the Lemon Lane drainage system if <br /> <br />completed by the time the dewatering process of DECKER's property begins, <br /> <br />Addendum to Modified Stipulation of Settlement <br />Decker v. Casselberry <br />Case No.97-0816 <br />Page 2 of 5 <br /> <br />JAt~-16-2('J131 113: S2 <br /> <br />41372627745 <br /> <br />97~ <br /> <br />P.134 <br />