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WHEREAS, Subdivider acknowledges that there appears of record a Declaration of <br />Easement dated July 1, 1986, filed March 21, 1990, as Document No. 5643591 creating a <br />driveway easement over The most Westerly 50 feet of Lot 4, Block 1, Phillips Woodland <br />Terrace (now The most Westerly 50 feet of Outlot A, Phillips Woodland Terrace Third <br />Addition). Further, that when the plat of Phillips Woodland Terrace Third Addition is <br />recorded, said Declaration of Easement, Document No. 5643591 will, by it's benefit and <br />provide access for the following properties: <br />Lot 3, Block 1, Phillips Woodland Terrace; <br />Lot 1, Block 1, Phillips Woodland Terrace Third Addition; and <br />Lot 2, Block 1, Phillips Woodland Terrace Third Addition <br />EASEMENT <br />NOW THEREFORE, in addition to any easements created by any other Declaration <br />of Covenants, Conditions, Restrictions and Easements, including, but not limited to, <br />Declaration of easement, Document No. 5643591, the Subdivider does by this Declaration <br />for himself, his successors and assigns, hereby declares, grants, and creates a non-exclusive <br />easement for driveway, ingress and egress, drainage and utility purposes over and across the <br />following property: <br />Outlot A, Phillips Woodland Terrace Third Addition except the most Westerly 50 <br />feet thereof <br />for the mutual benefit of Lots 1 and 2, Block 1, Phillips Woodland Terrace Third Addition, <br />(hereinafter "benefitted lots"), and <br />MAINTENANCE <br />WHEREAS, the subdivider is the sole owner of the private road and all the <br />benefitted lots. <br />NOW THEREFORE, in consideration of the receipt of One Dollar ($1.00) and the <br />granting of the above private road easement for the benefitted lots, the above owner of each <br />benefitted lot, his assigns and successors (hereinafter referred to as owners or owner) hereby <br />covenant and agree as follows: <br />1. That the owners do hereby acknowledge the existence of said private road <br />easement and the existence of the private road, which is not a publicly dedicated roadway, <br />and that the City of Orono has no obligation to maintain or service said private road, and <br />that the City of Orono does not intend to acquire or open said private road as a public <br />roadway. <br />2 <br />