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55. By resolution of April 23, 2012, the Orono City Council approved <br /> subdivision of the Property as requested by Gherardi on behalf of WPLLC, and as <br /> recommended by, and subject to the conditions suggested by, the Planning Commission. <br /> Stephenson Records Conservation Easement on Day of Closing <br /> 56. In the course of negotiations concerning the Property, Plaintiffs informed <br /> WPLLC, Stephenson, Gherardi, and Berg that they planned to install various <br /> improvements to the Property. <br /> 57. Plaintiffs declined an opportunity to buy the other five acres of land <br /> adjacent to the Property (the "Adjacent Land") from WPLLC because the Adjacent Land <br /> had a pre-existing wetland easement that would have interfered with Plaintiffs' <br /> development and use of the Property. <br /> 58. Despite knowing that it would interfere with Plaintiffs' expected use and <br /> enjoyment of the Property, including Plaintiffs' rights under the existing Purchase <br /> Agreement, Stephenson signed the Conservation Easement on April 9, 2013. <br /> 59. Plaintiffs were not a party to the Conservation Easement. <br /> 60. Plaintiffs did not consent to the Conservation Easement. <br /> 61. Gherardi, acting on behalf of WPLLC—and Stephenson, Berg, Coldwell, <br /> and Orono having full knowledge of, and acquiescing in, Gherardi's acts—caused the <br /> Conservation Easement, attached hereto as Exhibit D, to be recorded on April 10, 2013, <br /> the day of the closing. <br /> 62. The Conservation Easement prevents, in part, construction of"anything <br /> made by man" or"cutting, removing, or altering trees or other vegetation . . . ." <br /> 11 <br />