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' ��3,��;� • �. ::��Y DRAINAGE EASEMENT THIS DRAINAGE EASEMENT, made this H 7 day of °�'`- , 2004, by and betwee�i CHARLES AI�TD ROSEANNE SIMPSON, Husband an ife ("Simpsons"), and the CITY OF ORONO, a municipal corporation ("Orono") I. The Simpsons are the owners of a certain parcel of land ("Simpson Parcel"), being more particularly described on the attached Exhibit A. II. Orono desires to obtain drainage rights under the Simpson Parcel for the benefit of the public, and the Simpsons are willing to grant such drainage rights upon certaiil ternls and conditioiis. NOW, THERETORE, ii� consideration of the benefits derived by the parties to this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: ARTICLE I — GRANT OF EASEMENT The Simpsons here�by grant, bargain, sell and convey to Orono, its successors and assigns, a perpetual easement for drainage purposes only ("Orono Easement") under that portion of the Simpson Parcel, which is legally described on Exhibit B ("Easement Area"), and the right to enter upon the Simpson parcel to the extent necessary to permit Orono to exercise its rights and perform its obligations with respect to this easement. ARTICLE II—USE OF EASEMENT AREA The use of the Easement Area shall be limited and defined by the following terms and conditions: Section l. T11e easement rights granted shall include the right to construct, repair and mai�itain a storm sewec drainage pipe no larger than 8 inches in diameter, and the right to entel-oi�to the Simpson Parcel to repair and maintain that storm sewer drainage pipe and to remove or otherwise dispose of any tiinber or natural growth and any obsti-uctions, accuinulations or other things that would interfere with the drainage and other i-iglits granted in this Agreement. Orono shall also have to right to enter onto the Simpson Parcel to do sucl� otl�er �vork reasonably necessary to exercise the rights granted in this Agreement. Section 2. The term of the Orono Easement shall commence as of the date of tl�is Agreement ("Effective Date"), and shall be perpetual. Section 3. In the exei-cise of the rights and the privileges granted by this Agreemeilt, the parties sha11 adl�ere to and comply with the good practices and all laws,