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• <br /> 49. The Survey depicts numerous land use constraints and restrictions, <br /> including wetland areas, a drainage and utility easement, septic tanks, and the proposed <br /> driveway. <br /> 50. The Survey omits any reference to the grassland restriction outlined in the <br /> Conservation Easement or any reference to the Conservation Easement generally. <br /> 51. The Survey also represents that there is no major encumbrance on the <br /> southern portion of the Property. <br /> 52. On April 18, 2012, the Orono Planning Commission approved the <br /> Conservation Design Plan and recommended that the City Council approve the <br /> subdivision subject to certain conditions. The Planning Commission attached the Survey, <br /> as well as proposed drafts of a resolution approving the subdivision and of the <br /> Conservation Easement, to its packet of information submitted to the City Council. <br /> 53. The draft resolution, titled "A Resolution Approving a Class I Subdivision <br /> of Property Located at 4550 Wolverton Place File #11-3531" ("Subdivision Resolution"), <br /> included as a condition the granting of a "Permanent Tree Stand and Native Grassland <br /> Preservation and Conservation Easement in relation to existing trees and grasslands on <br /> the Property" ("Conservation Easement"). <br /> 54. Paragraph 2 of the Subdivision Resolution requires the following: <br /> 2. Portions of the property subject to the various Conservation Easements <br /> noted herein shall be protected per the recommendations and provisions of <br /> the [Conservation Design Plan], a copy of which shall be kept on file at the <br /> City Offices (emphasis added). <br /> 10 <br />