A. The owner of real property abutting a town water easement may place: 1) grass, trees, shrubs, and similar landscaping items, and 2) asphalt and other surface paving materials, within the easement without prior authorization from the town. The town manager may also authorize the owner of real property abutting a town water easement to place other items of personal property within the town's easement if the town manager determines that the placement of such personal property within the easement will not interfere with the town's lawful exercise of its rights under the easement.

B. Any person who places any landscaping, asphalt or other surface paving material, or any other personal property, within a town water easement does so at such person's own risk. If any landscaping, asphalt or other surface paving material, or other personal property located within a town water easement, is removed, damaged, or destroyed by the town or its contractors in the lawful exercise of the town's rights under the town's water easement, the town is not liable for such damage or destruction under any legal theory, and the owner of such property shall bear all costs associated with the replacement or repair of such landscaping, asphalt or other surface paving material, or personal property. (Ord. 7, Series 2011)