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10-10-2016 Council Packet
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10-10-2016 Council Packet
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2.5 Compliance with Law. No use shall be made of the Property which would violate any <br />then existing municipal codes or ordinances, or state or federal laws, nor shall any act or <br />use be permitted which could cause waste to the Property, or otherwise cause any unusual <br />liability, health or safety risk, or expense, for the Association or any Owner or Occupant. <br />SECTION 3 <br />EASEMENTS, A#1}SETBACKS AND.C9V)ENANTS <br />3.1 Utility and Drainage Easements. Easements for installation and maintenance of <br />utilities and drainage facilities have been dedicated as shown on the Plat. Within these <br />easements, no structure, fence, planting or other material shall be placed or permitted to <br />remain which may damage or interfere with the installation and maintenance of utilities <br />or which may change the direction or flow of water through drainage channels within the <br />area of these easements. The Owner of a Lot shall maintain the easement sites on the Lot <br />and all improvements within it, except for those improvements for which a public <br />authority or utility company may be responsible. Each Lot shall be subject to and shall <br />be the beneficiary of perpetual appurtenant easements for all services and utilities <br />servicing the Lots and the Common Area, and for maintenance, repair and replacement as <br />described this Declaration. <br />3.2 Setbacks. The setback requirements for the dwelling house and any other building on <br />each Lot shall be the setback requirements of the City, except as otherwise set forth <br />below. <br />3.3 AeeeswEasements. Declarant hereby declares and creates: (a) a perpetual, non-exclusive <br />easement over the RoadwavY4%te-�, for the benefit of all Owners, Occupants, and <br />their guests, agents, and invitees for access over and across the RoadwaryPtkate-mead; <br />and (b) a perpetual, non-exclusive easement over the RoadwavPriv_� `moo—for the <br />benefit of the City, for (i) ingress, egress and access; (ii) road, drainage and utilities <br />purposes and uses, including the right to construct and maintain the same, including but <br />not limited to a full and free right and authority to enter upon the Roadway to construct <br />install, maintain, operate and repair a sanitary sewer interceptor, lift station, main or line, <br />a water main or Linc, gravel or paved road, and any and all appurtenances, including <br />drainage control structures, incidental and related thereto; and (iii) ingress and egress <br />over the Roadway rivate Read for inspection by the City of any portion of the Property, <br />animal control, snow removal, maintenance, repair and replacement of the <br />RoadwayArival-m- Bead and the stone water drainage facilities on the Property, and <br />exercise of any rights or remedies granted to the City by this Declaration. <br />3.4 Roadwav 4vste4Zee4-a.:oe -�eMMaint2nance. The Road11w Pfiv is not a <br />publicly dedicated roadway, and the City of Orono has no obligation to maintain or <br />service the RoadwayPfPAAe4Zead. The Association shall assume and agree to pay the <br />total costs for maintaining, repairing, altering and reconstructing, if necessary, the <br />Roadwayiand all improvements located thereon or thereunder so as to fully <br />comply with the ordinances of the City of Orono in regard to lEAate-riR Late l-eadsroads, <br />provided that such costs shall be included in the calculation of Common Expenses. <br />1as927vi <br />
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