01-27-2014 Council Packet - Laserfiche WebLink

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INITIAL DRAFT LANGUAGE FOR OLIVER HILL - For Discussion Onlv Tree, Woodland and Vegetation Preservation Easement. Declarant, its heirs, successors and assigns, for and in consideration of the sum of One Dollar ($1.00) and other valuable consideration, does hereby covenant, grant, gift, quit claim and convey to the City of Orono, its successors and assigns, the right to restrict, and Declarant agrees to limit and preclude the use, improvement and development, under the conditions and covenants herein contained, on that part of the Property described as follows: The "Preservation Easement Area" (see legal description on Exhibit A); said Preservation Easement Area is referred to as the "Land" and is to be subject to the conditions, covenants and restrictions hereinafter specified. Declarant hereby covenants and agrees as follows: (A) No structures shall be constructed, erected, or placed upon, above, or beneath the Land. There shall be no fences, play structures, decks, accessory buildings or other temporary or permanent structures placed on the Land. (B) No trees, shrubs or other vegetation shall be destroyed, cut or removed from the Preservation Easement Area' except as authorized by written consent of the City. Such consent may be granted under the following guidelines: (1) Removal of trees and understory shall not be allowed except to the extent necessary to accomplish the objectives of the Conservation Design Master Plan (reference it in definitions?) (2) Trimmin� of trees and understory shall be allowed, but such trimming shall not be so extensive as to jeopardize the vitality of the plant materials. (C) There shall be no change of the topography of the Land without the written consent of the City. (D) Except as herein provided, no use shall be made of the Land except uses, if any, which will not change or alter the natural condition of the Land, and no use which would tend to change natural visual characteristics shall be made of the Land. (E) City may enter upon the Land for the purposes of inspection and enforcement of the covenants contained herein and to cause to be removed from the Land without any liability any structures, uses, materials, substances, or unnatural matter inconsistent with the covenants contained herein and the natural state of the Land. In addition to any other remedy the City may have, the covenants and restrictions contained herein may be enforced by injunction. Declarant does not intend that the public should have any interest in the above Land by virtue of this Declaration or otherwise, except as hereinabove set forth. All provisions hereof shall run with the Land for the benefit of the City, the Lots and Owners, and shall extend to and bind the heirs, successors, representatives, grantees or assigns of the respective parties hereto. T,�,� r�� l