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a. The Easement Area shall not be encroached upon by fill, excavation, paving <br />or concrete, erection of buildings or permanent enclosures, fences or walls, or other <br />obstruction by Owner which would interfere with, or which would otherwise obstruct access <br />to the Public Improvement in any manner by Owner. <br />b. O%%mer has the lawful right and authority, without restriction, to convey the <br />easements as herein granted, that the Easement Area is not subject to any other interest other <br />than the interests of Owner. <br />C. The Easement Area is embraced wholly within the Property. <br />5. Binding Effect. The terms, provisions and easements provided herein shall inure to <br />the benefit of and be binding upon the heirs, legal representatives, .acccssors and assigns of the <br />Owner. The covenants, agreeu:ents and easements contained herein shall be deemed to run with, <br />burden and benefit the Property. <br />6. Termination of Easements. In the event that use of the Easement Area is at anytime <br />discontinued by the City, the- City shall have the right, but not the duty, to enter further upon the <br />Easement Area and remove all or any portion within one year of such discontinuance of the Public <br />Improvement which has I>een placed upon, over or under the Easement Area. <br />7. Relocation of Easement. Owner may, at Owner's expense, at any time relocate, all <br />or any portion of the Easement on all or any portion of O%%ner's Property which relocation shall be <br />subject to the approval of the City. Upon any such relocation the City shall vacate the Easement <br />Area no longer utilized and the Owner shall grant an Easement on that portion of the Property upon <br />which the relocated Easement exists. <br />IN WITNESS WHEREOF, this Agreement has been executed as of the day and year first <br />above written, subject to all of the terms and conditions herein set forth. <br />CITY OF ORONO OWNER <br />W.N%EPIN COUNTY TA.•.%A` ; <br />JAN 14 1998 <br />ames R..;:lndt <br />ut"t" ""' , <br />Ma o undt <br />