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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, SETBACKS AND COVENANTS
<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 Roadway Easements. Declarant hereby declares and creates: (a) a perpetual, non-
<br />exclusive easement over the Roadway, for the benefit of all Owners, Occupants, and their
<br />guests, agents, and invitees for access over and across the Roadway; and (b) a perpetual,
<br />non-exclusive easement over the Roadwayfor the benefit of the City, for (i) ingress,
<br />egress and access; (ii) road, drainage and utilities purposes and uses, including the right
<br />to construct and maintain the same, including but not limited to a full and free right and
<br />authority to enter upon the Roadway to construct install, maintain, operate and repair a
<br />sanitary sewer interceptor, lift station, main or line, a water main or line, gravel or paved
<br />road, and any and all appurtenances, including drainage control structures, incidental and
<br />related thereto; and (iii) ingress and egress over the Roadwayfor inspection by the City of
<br />any portion of the Property, animal control, snow removal, maintenance, repair and
<br />replacement of the Roadway and the storm water drainage facilities on the Property, and
<br />exercise of any rights or remedies granted to the City by this Declaration.
<br />3.4 Roadway Maintenance. The Roadwayis not a publicly dedicated roadway, and the City
<br />of Orono has no obligation to maintain or service the Roadway. The Association shall
<br />assume and agree to pay the total costs for maintaining, repairing, altering and
<br />reconstructing, if necessary, the Roadwayand all improvements located thereon or
<br />thereunder so as to fully comply with the ordinances of the City of Orono in regard to
<br />private roads, provided that such costs shall be included in the calculation of Common
<br />Expenses. Should the Association fail to maintain the Roadway, the City may, at its
<br />option, maintain the Roadway and assess the cost of maintenance against the Lots.
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