easement agreement-1997 - Laserfiche WebLink

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r. ti. AGREEMENTS 1. Grant of Easements. Owner hereby grants to the City for the benefit of the public, a permanent, nonexclusive easement over, across and upon that portion of the Property legally described as: Lying north of a line drawn from a point on the West line of said property, distant 42.54 feet northerly of the South line of the Southeast 1/4 of Section 17, Township 117, Range 23, to a point on the East line of said property distant 42.82 feet northerly of the South line of said Southeast 1/4 and southerly of a line drawn parallel with and 47 feet northerly of said South line. (the "Easement Area")for the purposes of constructing, reconstructing, maintaining, repairing and use of a public sidewaik and all appurtenances thereto (hereinafter referred to as "Public Improvement"). 2. Maiatenance. The City sha11 maintain the Easement Area in accordance with the applicable standards for the maintenance of such public amenities. 3. Owner's Covenants. Owner covenants and agrees that: a. The Easement Area shall not be encroached upon by fill, excavation, paving or concrete, erection of buildings or permanent enclosures, fences or wa11s, or other obstructions by Owner which would interfere with, or which would otherwise obstruct access to the Public Improvement in any manner by Owner or the public. Such obstructions shall specifically include any and all obstructions over, on or under public sidewalk which aze prohibited pursuant to the terms of the City Ordinances of the City of Orono. b. Owner has the lawful right and authority, without restriction, to convey the easements as herein granted, that the Easement Area is not subject to any other interest other than the interests of Owner, ar:d that the Easement Area is embraced wholly within the Property. 4. Bindins Et'fect. The terms, provisions and easements provided herein shall inure to the benefit of and be binding upon the heirs, legal representatives, successors and assigns of the Owner. The covenants, agreements and easements contained herein shall be deemed to run with, burden and benefit the Property. 5. Termination of Easements. In the event that use of the Easement Area is at anytime discontinued by the City, the City shall have the right, but not the duty, to enter further upon the Easement Area and remove all or any portion of the Public Improvement which has been placed upon, over or under the Easement Area. 2