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GRANT OF PERMANENT FLOWAGE AND CONSERVATION EASEMENT <br /> AND RESTRICTIVE COVENANT <br /> This Grant of Permanent Flowage and conservation Easemeiand Restrictive Covenant <br /> (this "Agreement") is made this 74* day of attu& y , 201q by ait V4laLon6). <br /> [Individual/Homeowner] [an individual_under the laws of the State of <br /> MN , if entity] (whether one or more, "Grantor"), in favor of the City of Orono, <br /> a Minnesota municipal corporation (the"City") and is based on the following facts: <br /> A. Grantor has represented to the City that Grantor is the owner of fee title to real property <br /> legally described as Lot 5 , Block / MOONEY LAKE PRESERVE, Hennepin <br /> County, Minnesota(the "Property"). <br /> B. The City has required, as a condition to construction of any buildings on the Property, the <br /> creation of a rain garden on the Property and the execution and delivery of this <br /> Agreement. <br /> NOW, THEREFORE, in consideration of the facts stated above and for other good and <br /> valuable consideration, the receipt and sufficiency of which are hereby acknowledged by <br /> Grantor, Grantor hereby creates and grants unto the City a permanent easement for wetland <br /> flowage and conservation purposes over, under, on and across that part of the Property legally <br /> described on Exhibit "A", attached hereto and made a part hereof by this reference (the <br /> "Easement Area") on the terms and subject to the conditions set forth below. <br /> Grantor, on behalf of Grantor and Grantor's successors in title to the Property, hereby <br /> covenants and agrees as follows: <br /> 1. Title. Grantor hereby represents and warrants to the City that Grantor is the owner of fee <br /> title to the Property, free and clear of all liens and encumbrances except any liens or <br /> encumbrances the holders of which have joined in and consented to this Agreement. <br /> 2. Creation and Maintenance of Rain Garden. Grantor shall create within the Easement <br /> Area a rain garden for stormwater detention and drainage purposes in accordance with <br /> the plans therefor approved by the City's Engineer, and Grantor thereafter shall maintain <br /> the rain garden in perpetuity, free from mowing or other vegetative disturbance as an <br /> 2993576v1 <br />