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Document No. TO5284392. The City intends to vacate the easement granted by Document No.
<br /> TO5284392 and the purposes of this Agreement is to replace Document No. TO5284392.
<br /> The Grantor,theirs heirs,successors and assigns,hereby covenants and agrees as follows:
<br /> 1. Prohibited and Permitted Uses. That the following are prohibited in perpetuity within the
<br /> Easement Premises,except by consent of the City or otherwise noted in this Agreement or set
<br /> forth in the Declaration:
<br /> A. Constructing, installing, or maintaining anything, including buildings, structures,
<br /> walkways, fences, retaining walls, fireplaces, clothes line poles, playground
<br /> equipment,roads,hardcover of any kind,underground utility lines and distribution
<br /> equipment, light poles, traffic signals, traffic regulatory signs, mailboxes; except:
<br /> 1) feeders, bird houses, and other devices intended to foster wildlife; 2) docks or
<br /> boardwalks when allowed by City ordinance and under a valid City permit; 3)
<br /> retaining walls when allowed by City ordinance and under a valid City permit; and
<br /> 4)a private sewage treatment system(otherwise known as a septic system) serving
<br /> this Lot (including, without limitation, a holding tank, a drain field, meters, a lift
<br /> station, piping pumps, and all other relates apparatus and related improvements
<br /> (collectively,the"Sewage Treatment System")). Creation and maintenance of non-
<br /> hardcover walking paths may be allowed.
<br /> B. Cutting,mowing or removing shrubs or other vegetation,and cutting,destroying or
<br /> removing trees greater than four inches in diameter, except for tree disease control
<br /> by or as directed by a governmental agency and except by special permit for
<br /> maintenance; as a part of an approved vegetation management plan; and, to
<br /> maintain, repair and reconstruct any stormwater ponds and facilities within the
<br /> Easement Premises. Grantor may remove brush, diseased or dead trees of any size,
<br /> buckthorn and noxious weeds.
<br /> C. Excavation or filling or material alteration of grade, including changes to the size,
<br /> depth or contour of the wetland; dredging, mining or removal of earth, loam,peat,
<br /> gravel, soil or any other natural material.
<br /> D. Free roaming of domestic animals (i.e. horses, sheep, chickens, etc.)
<br /> E. The deposit of waste,yard waste, or debris.
<br /> F. Activity detrimental to the screening of the neighboring properties.
<br /> G. Application of fertilizers, whether natural or chemical.
<br /> H. Application of chemicals for the destruction or retardation of vegetation.
<br /> I. The application of herbicides,pesticides,and insecticides,except for noxious weed
<br /> control by or as directed by a governmental agency.
<br /> 2
<br /> Lot 7,Block 3,Lakeview of Orono
<br /> 210004v7
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