Conservation easement agreement-2004

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1 CONSERVATION EASEMENT AGREEMENT THIS CONSERVATIOWASEMENT AGREEMENT("this Agreement")is made and entered into this j5 day of o L S4 , 2004 by and between Roslyn S. Landsman("Grantor"), and the City of Orono, a ihunicipal corporation under the laws of the State of Minnesota("Grantee"), referred to collectively from time to time hereinafter as "the Parties". WHEREAS, Grantor is the owner of the real property legally described as Lots 1 and 2 and Outlot A,Mallyvale,Hennepin County,Minnesota; and WHEREAS, as depicted on the plat of Mallyvale, a wetland extends from the east boundary of Lot 1, Mallyvale southwest across said Lot 1 to the southwest corner of Lot 2 ("the Wetland"); and WHEREAS, the Parties desire to establish a vegetative buffer and grant to Grantee a Conservation Easement around the Wetland, in the area surrounding the Wetland on Lot 1 and identified on the plat of Mallyvale as a utility and drainage easement, to protect said buffer and the Wetland from further development; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, the Parties hereby agree as follows: 1. Grantor hereby grants to Grantee an easement, for conservation purposes as more fully described below, over, above and below those portions of Lots 1 and 2 and Outlot A,Mallyvale identified-on the plat of Mallyvale as a drainage and utility easement surrounding the Wetland("the Easement Area"). 2. Grantor covenants, grants, gifts, quit claims, and conveys to Grantee the right to restrict, and Grantor agrees to limit and preclude,the use, improvement and development of the Easement Area as follows: a. No structures shall be constructed, erected, or placed upon, above, or beneath the Easement Area, including without limitation, fences, fireplaces, steps, docks,piers,hardcover or roads of any nature whatsoever, or any other structure or improvement inconsistent with the natural state of the Easement Area.