Flowage/conservation easement/covenants/wetland-2010

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, ' D. Free roaming of domestic animals(i.e., horses, sheep, chickens, etc.). E. The deposit of waste,yard waste, or debris. , F. Activity detrimental to the screening of the neighboring properties. G. Application of fei-�ilizers,whether natural or chemical. � H. Application of chemicals for the destruction or retardation of vegetatian. I. The application of herbicides, pesticides, and insecticides, e�:cept for noxious weed control by or as directed hy a governmental agency. - J. Outside storage of any kind. K. Activity detrimental to the preservation of the scenic beauty, vegetation, and wildlife. 3. With respect to protection of the wooded steep slopes on Lots l, 2 and 3, Block 2, � Kintyre Two, it is understood by the Grantor that the City may also establish and place special conditions for limiting the heights, design and materials of any retaining walls on, � ' these lots. � 4. Establishment and Maintenance of WetIand Buffer. The wetland buffer, as shown in Exhibit B, shall be estabIished and improved when required by City Ordinances to become an "acceptable buffer area" as described within City Ordinances, and shall thereafter be maintained by Grantor in perpetuity free from mowing or other vegetative disturbance, fertilizer application, yazd or other waste disposal, the placement of structures or any other alteration that impedes the function of the buffer in protecting the quality of water in the wetland or buffering flows into the wetland. 5. Grantor, its successors and assigns, further grants the City the af�'irmative right, but not the obligation to do the following on the easement premises: A. Preserve, improve, and enhance the slope, trees,vegetation, and natural habitat by altering, clearing, and removing trees or ather vegetation, by changing the contour • of the land, and by planting trees or other vegetation. B. Enter upon the easement premises at any time to enforce compliance with the terms of this instrument. 6. Grantors reserves for itself and for its successors and assigns and their invitees, the right to enter upon the easement premises and to do and perforrn on the easement premises such acts as are not inconsistent with the easement rights granted to the City herein. Such uses shall be�deemed to include, but not be Iimited to planting of trees, flowers, and other • vegetation consistent with a conservation easement; walking aiong trails and paths; bird , watching; the study of nature; and all other acts of a similaz nature or purpose. t 52906v04 3 ORONO/}iINTYRE TWO SEtN:rOS/09/2010 (Andrade Land Company/MacKinnon}