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02-26-2015 - Amendment- docking easment
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865 Windjammer La - 07-117-23-12-0028
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02-26-2015 - Amendment- docking easment
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Last modified
8/22/2023 5:30:46 PM
Creation date
2/20/2020 10:32:36 AM
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x Address Old
House Number
865
Street Name
Windjammer
Street Type
Lane
Address
865 Windjammer La
Document Type
Misc
PIN
0711723120028
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the northerly 20 feet of Lot 7 lying easterly of said survey line, Block 1, Pirates <br /> Cove. <br /> (hereinafter the"Easement Area"). The Easement Area is depicted on attached Exhibit A-1. <br /> 2. Dockage Rights in the Water. The Broghammer Property, the Davisson Property, the <br /> Gillis Property, and the Hanson Property may each dock, store, or otherwise operate one <br /> watercraft for each Grantee's Property, respectively (meaning a maximum of 4 watercraft, <br /> should each Grantee choose to have a watercraft) in the water adjacent to the Easement Area in <br /> an area no more than 42 feet in width as shown on attached Exhibit A-2 as the"Dockage Area". <br /> The allowable length of the Dockage Area is no greater than the length allowed under any <br /> applicable regulations, laws, or ordinances, including but not limited to the LMCD Ordinance. <br /> The Grantees' dock structure must fully conform to any applicable regulations, laws, or <br /> ordinances, including but not limited to the LMCD Ordinance. Grantees are specifically <br /> precluded from using their dock structure to store anything but their above-referenced watercraft <br /> or to engage in conduct on their dock structure which interferes with Grantors' quiet enjoyment <br /> of Grantors' respective property rights. The Grantees may arrange their dock in any <br /> configuration within the Dockage Area so long as the Grantees' dock does not interfere with the <br /> Grantors' quiet enjoyment of Grantors' respective property rights and Grantors' use of their <br /> respective watercraft, and so long as Grantees' dock fully complies with all applicable <br /> regulations, laws and ordinances. All of Grantees' watercraft and dockage materials combined, <br /> without limitation, must lie inside the boundaries of the Dockage Area, meaning that none of <br /> Grantees' watercraft or dockage materials may lie outside of the Dockage Area in the water. As <br /> shown and legally described in Exhibit A-2, the northerly and southerly boundaries of the <br /> Dockage Area are parallel lines in the water,one of which begins on the shoreline one foot south <br /> of the Easement Area ("South Boundary Line of the Dockage Area"), and one of which begins <br /> 7.9 feet north of the Easement Area("North Boundary Line of the Dockage Area"),respectively, <br /> except that the boundary lines in the water are angled from the shoreline so as to be roughly <br /> perpendicular to the shoreline. <br /> Exhibits B-1 and 13-2 hereto reflect the dock configuration for which the Grantees sought and <br /> received approval from the City of Orono and the LMCD fora 2014 Joint Use Dock License and <br /> a 2014 Multiple Dock License, respectively. Those License Applications submitted by Grantees <br /> also reflected configurations of the Grantors'respective docks. After 2014,if there is a change in <br /> either of the Grantors' respective dock configurations or uses, which change gives rise to any <br /> additional License Application expenses — including expenses associated with any survey <br /> required by reason of that change — then Grantors shall be responsible for such additional <br /> expenses associated with the License Applications or surveys. In all other events, however, <br /> Grantees shall be solely responsible for any and all expenses associated with yearly applications <br /> for the City of Orono Joint Dock License, the LMCD Multiple Dock License, and any other <br /> required Licenses or approvals respecting or relating to the Grantees' dock, including any <br /> required surveys. <br /> As depicted in Exhibit A-2, after 2014 Grantors shall not place any of Grantors' dockage <br /> materials closer to the Dockage Area than a straight line that is 23 feet from the North Boundary <br /> Line of the Dockage Area at the shoreline and 28.6 feet from the North Boundary Line of the <br /> 3 <br />
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