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5'701'760
<br /> DRAINAGE EASEMENT
<br /> THIS INDENTURE, made this 9uc day of August, 1990, between Carol
<br /> L. Senn, single, of the County of Hennepin and the State of
<br /> Minnesota, on behalf '• of herself, her heirs and assigns,
<br /> (hereinafter referred to as Owner) , and the City of Orono, a
<br /> municipal corporation under the laws of the State of Minnesota
<br /> (hereinafter referred to as City) .
<br /> WITNESSETH:
<br /> Owner, in consideration of the sum of One Dollar ($1.00) and other
<br /> good and valuable consideration to Owner in hand paid by the City,
<br /> the receipt and sufficiency whereof is hereby acknowledged, does
<br /> Grant, Bargain, Quitclaim, and Convey unto the City, forever, the
<br /> following perpetual drainage easement over and under and across
<br /> property located in the County of Hennepin and the State of
<br /> Minnesota, and legally described in Exhibit A attached hereto;
<br /> (hereinafter described as Land) .
<br /> Said easement includes the free right of the City or its agents to
<br /> enter upon, under and over said Land, to remove trees, brush, grass
<br /> and dirt and other structures therefrom and to construct, maintain,
<br /> repair, reconstruct and use drainage ways and other improvements
<br /> related thereto, and to enter upon said easement for the purpose
<br /> of inspecting, repairing, removing and reconstructing such
<br /> facilities. The City shall return the area it disturbs to grade
<br /> and seed the same and replace the surface soil with the original
<br /> type material.
<br /> The Owner agrees to the following:.
<br /> A. No trees, shrubs or other vegetation shall be destroyed, cut
<br /> or removed from the Land except as authorized by written
<br /> consent of the City.
<br /> B. No earth, loam, peat, gravel, soil or any other natural
<br /> material or substance shall be moved or removed from the Land
<br /> and there shall be no dredging or excavation of any nature
<br /> whatsoever or any change of the topography of the Land without
<br /> the written consent of the City.
<br /> C. No soil, sand, gravel, or other substance or material as
<br /> landfill shall be placed, dumped or stored upon the Land and
<br /> no waste, trash or garbage shall be placed, dumped or stored
<br /> upon the Land.
<br /> D. No use shall be made of the Lane except uses, if any, which
<br /> will not change or alter the natural condition of the Land,
<br /> and no use which would tend to change the drainage, flood
<br /> control, water conservation, erosion control, soil
<br /> conservation, fish and wildlife habitat characteristics shall
<br /> be made of the land or the water situated thereon.
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