Flowage & Conservation Easement & Restrictive Covenant

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(reserved for recording) GRANT OF PERMANENT FLOWAGE AND CONSERVATION EASEMENT AND RESTRICTIVE COVENANT This Grant of Permanent Flowage and Conservation Easement and Restrictive Covenant (this "Agreement") is made this ( day of Mara% , 2019, by Ryan G.Malone, a single person("Grantor"), in favor of the City of Orono, a Minnesota municipal corporation (the "City") and is based on the following facts: A. Grantor has represented to the City that Grantor is the owner of fee title to real property legally described as Lot 3,Block 1, MOONEY LAKE PRESERVE, Hennepin County, Minnesota(the"Property"). B. The City has required, as a condition to construction of any buildings on the Property,the creation of a rain garden and infiltration area on the Property and the execution and delivery of this Agreement. NOW,THEREFORE, in consideration of the facts stated above and for other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged by Grantor, Grantor hereby creates and grants unto the City a permanent easement for wetland flowage and conservation purposes over, under, on and across that part of the Property legally described on Exhibit"A" and depicted on Exhibit"B", attached hereto and made a part hereof by this reference (the"Easement Area") on the terms and subject to the conditions set forth below. Grantor, on behalf of Grantor and Grantor's successors in title to the Property,hereby covenants and agrees as follows: 1. Title. Grantor hereby represents and warrants to the City that Grantor is the owner of fee title to the Property,free and clear of all liens and encumbrances except any liens or encumbrances the holders of which have joined in and consented to this Agreement. 2. Creation and Maintenance of Rain Garden and Infiltration Area. Grantor shall create within the Easement Area a rain garden and infiltration area for stormwater detention and 1 200748v1