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� . i l� � <br /> �I � ♦ <br /> AGREEMENTS <br /> 1. Grant of Easements. Owner hereby grants to the City for the benefit of the <br /> public, a permanent, nonexclusive easement over, across and upon that portion of <br /> the Property legally described as: <br /> Lying north of a line drawn from a point on the West line of said property, distant <br /> 42.54 feet northerly of the South line of the Southeast 1/4 of Section 17, <br /> Township 117, Range 23, to a point on the East line of said property distant 42.82 <br /> feet northerly of the South line of said Southeast 1/4 and southerly of a line drawn <br /> para11e1 with and 47 feet northerly of said South line. <br /> (the "Easement Area") for the purposes of constructing, reconstructing, maintaining, <br /> repairing and use of a public sidewalk and a11 appurtenances thereto (hereinafter referred <br /> to as "Public Improvement"). <br /> 2. Maintenance. The City sha11 maintain the Easement Area in accordance with the <br /> applicable standards for the maintenance of such public amenities. <br /> 3. Owner's Covenants. Owner covenants and agrees that: <br /> a. The Easement Area shall not be encroached upon by fill, excavation, <br /> paving or concrete, erection of buildings or permanent enclosures, fences or walls, or <br /> other obstructions by Owner which would interfere with, or which would otherwise <br /> obstruct access to the Public Improvement in any manner by Owner or the public. Such <br /> obstructions shall specifically include any and all obstructions over, on or under public <br /> sidewalk which are prohibited pursuant to the terms of the City Ordinances of the City of <br /> Orono. <br /> b. Owner has the lawful right and authority, without restriction, to convey the <br /> easements as herein granted, that the Easement Area is not subject to any other interest <br /> other tha.*:the interests �f Qwner, ar.d that the Easement A.rea is embraced vrrholly within <br /> the Property. <br /> 4. Binding Effect. The terms, provisions and easements provided herein shall inure <br /> to the benefit of and be binding upon the heirs, legal representatives, successors and assigns of the <br /> Owner. The covenants, a�reements and easements contained herein shall be deemed to run with, <br /> burden and benefit the Property. <br /> 5. Termination of Easements. In the event that use of the Easement Area is at <br /> anytime discontinued by the City, the City sha11 have the right, but not the duty, to enter further <br /> upon the Easement Area and remove all or any portion of the Public Improvement which has been <br /> placed upon, over or under the Easement Area. <br /> 2 <br />