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ORONO CITY COUNCIL MEETING <br />MINUTES FOR JULY 27,1998 <br />CITYATTORNEY'S REPORT - continued <br />White stated that he was not looking for a decision on the dock, but a change in wording on the <br />easement. He felt that he would be giving up his right to a dock the way the easement is <br />currently written, and there could be other rights as well. He suggested adding language such as <br />"without appropriate approval ". <br />Barrett noted that similar language is used in some cases, i.e. "No trees or shrubs shall be <br />destroyed, except for the written consent of the grantee." This would indicate that the City has, <br />as a matter of practice, allowed some easements to be reduced by the written consent of the <br />grantee. <br />Flint asked in what context the conservation easement is used. Barrett responded that the <br />subdivision statute requires preservation of unique features of the landscape. <br />Barrett indicated that if a property owner wanted to have a dock in a conservation easement, he <br />would have to request a dock permit and an amendment to the easement. <br />• Jabbour noted that Mr. White's subdivision has not been completed because of this issue. <br />Barrett opined that the City would not have to change the standard easement, but it could be <br />amended by Council for specific requests if the Council chose to do so. This should probably be <br />done at the time of subdivision. <br />White commented that if he signed a document, he didn't feel comfortable knowing he would <br />have to revise the document. <br />Moorse suggested adding language to the conservation easement indicating that the owner could <br />reserve the right to apply for a dock permit. <br />Council members did not feel it was appropriate to make any decisions without an application for <br />a dock, which would present all the facts. <br />White stated the dock was an example of a right he might be losing by signing the easement. He <br />felt there could be other rights he was not aware of. <br />The consensus of the Council was not to make a change in policy. Council asked that Mr. White <br />bring an application back to Council for consideration of his specific property. <br />• Attorney Barrett requested an Executive Session to discuss pending litigation. <br />21 <br />