01-10-2005 Council Packet - Laserfiche WebLink

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#04-3016 ‘^Crecksidc in Orono” January 7,2005 Page 9 Point 2: Tlic area in question is subject to the Conservation Easement which prohibits, structures, etc. and which also prohibits tree removal and provides other significant limitations, as follows; ‘‘No trees, shmbs or other vegetation shall be destroyed, cut or removed from tlie Land except as authorized by written consent of Grantee. No earth, loam, peat, gravel, soil or any other natural material or substance shall be moved or removed from the Land and there shall be no dredging or excavation of any nature whatsoever or any change of the topography of the Land without the written consent of Grantee. No soil, sand, gravel or other substance or material as landfill shall be placed, dumped or stored upon the Land and no waste, trash or garbage shall be placed, dumped or stored upon the Land. No use shall be made of the Land except uses, if any, wliich will not cliange or alter the natural condition of the Land, and no use which would tend to change the drainage, flood control, water conscrv'ation erosion contral, soil conservation, fish and waldlife habitat characteristics shall be made of the Land or the water situated thereon.” Point 3: This is incorporated into the Developers Agreement and the conservation casement. Point 4: Same as 3. Point 5: The City is obligated to enforce the 75' creek setback, and an'' proposal to vary from tliis will require a formal variance application and legal notification of nearby property owners. The City has no intent to allow structures or hardcover less than 75' from the creek.