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4. Owner's Covenants. Owner covenants and agrees that: <br /> a. The Easement Area shall not be encroached upon by fill, excavation, <br /> paving or concrete, erecrion of buildings or permanent enclosures, fences or walls, or <br /> other obstructions by Owner which would interfere with, or which would othenvise <br /> obstruct access to the Public Improvement in any manner by Owner. <br /> b. Owner has the lawful right and authority, without restriction, to convey <br /> the easements as herein granted, that the Easement Area is not subject to any other <br /> interest other than the interests of Owner, except the interests of Bank of America, <br /> FSB and Norwest Bank Minnesota, National Association, both of which have <br /> consented to the easement granted herein, and that the Easemeat Area is Pmbraced <br /> wholly within the Property. <br /> 5. Bindin� Effect. The terms, provisions and easements provided herein shall <br /> inure to the benefit of and be binding upon the heirs, legal representatives, successors and <br /> assigns of the Owner. The covenants, agreements and easements contained herein shall be <br /> deemed to run with, burden and benefit the Property. <br /> 6. Termination of Easements. In the event that use of the Easement Area is at <br /> anytime discontinued by the City, the City shall have the right, but not the duty, to enter <br /> further upon the Easement Area and remove all or any portion of the Public Improvement <br /> which has been placed upon, over or under the Easement Area. <br /> , IN WITNESS WHEREOF, this Agreement has been executed as of the day and year <br /> first above written, subject to all of the terms and conditions herein set forth. <br /> CITY OF ORONO OWNER <br /> By �_�, <br /> Its M ,yor Gerald D. Westb <br /> iJ /, <br /> By ����L.� -�1- (��. 1-- <br /> Its City Clerk L-D�B. Westby <br /> 2 <br />