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r <br /> 1. Prohibited and Permitted Uses. That the following are prohibited in perpetuity within the <br /> Easement Premises,except by consent of the City or as otherwise noted in this Agreement <br /> or set forth in the Declazation: <br /> A. Constructing,installing,or maintaining anything,including builciings,structures, <br /> walkways,fences, retaining walls,fireplaces,clothes line poles,playground <br /> equipment,roads,hardcover of any kind,underground utility lines and <br /> distribution equipment,light poles,tra�Fic signals,traffic regulatory signs, <br /> mailboxes;except: 1)feeders,bird houses,and other devices intended to foster <br /> wildlife;2)docks or boardwalks when atlowed by City ordinance and under a <br /> valid City permit; 3)retaining walls when allowed by City ordinance and under a <br /> valid City permit;and 4)a private sewage treatment system (otherwise known as <br /> a septic system)serving a Lot(inclucling,without limitation,a holding tank,a <br /> drain field,meters, a lift station,piping,pumps, and all other related apparatus <br /> and related improvements(collectively,the"Sewage Treatment System"}). <br /> Creation and maintenance of non-hardcover walking paths may be allowed. <br /> B. G�tting,mowing or removing shrubs or other vegetation,and cutting, destroying <br /> or removing tre�s greater than four inches in diameter,except for tree disease <br /> control by or as directed by a governmental agency and except by special permit <br /> for maintenance; as a part of an approved vegetation management plan;and,to <br /> maintain,repair and reconstruct any stormwater ponds and facilities within the <br /> Easement Preznises. Grantor may remove bn�sh, diseased ar dead trees of any <br /> size,buckthom and noxious weeds. <br /> C. Excavatioa or filling or material alteration of grade,incluciing changes to the size, <br /> depth or contour of the wetfand;dredging,znining or removal of earth,loam,peat, <br /> gravel,soil or any other na.tural matezial. <br /> D. Free roaYning of domestic animals(i.e.horses, sheep, chickens, etc.) <br /> E. The deposit of waste,yard waste,or debris. <br /> F. Activity detrimental to the screening of the aeighboring properties. <br /> G. Application of fertilizers,whether natiu�al or chemical. <br /> H. Application of chemicals for the destruction or retardation of vegetation. <br /> I. The application of herbicides,pesticides,and iinsecticides,except for noxious <br /> weed control by or as directed by a governmental agency. <br /> J. Outside storage of any kind. <br /> K. Activity detrimental to the preservation of the scenic beauty,vegetation,and <br /> wildlife. <br /> 804979.v4 <br /> 2 <br />