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i1'• , Opy •,.. (reserved for recording information) GRANT OF PERMANENT FLOWAGE AND CONSERVATION EASEMENT AND RESTRICTIVE COVENANT FOR WETLAND AND WETLAND BUFFER INSTRUMENT made this 6Th day of U 1-/L , 2011, by CPE Exchange 33968, LLC, a Minnesota limited liability company, the Grantor, in favor of the CITY OF ORONO, a Minnesota municipal corporation("City"). WITNESSETH: The Grantor, in consideration of good and valuable consideration paid by the City, the receipt and sufficiency of which is hereby acknowledged, hereby creates and grants unto the City a permanent flowage and conservation easement for the protection of wetlands, wetland buffer areas, steep slopes, woodlands and open spaces over, under, on and across the following land within the City of Orono, County of Hennepin, State of Minnesota and legally described on the attached Exhibit "A" and shown on the easement description sketch attached hereto (the "easement premises"). The Grantor,its successors and assigns,hereby covenants and agrees as follows: 1. That the following are prohibited in perpetuity within the wetland: A. Constructing, installing, or maintaining anything made by man, including but not limited to buildings, structures, walkways, fences, retaining walls, fireplaces, clothes line poles, playground equipment, roads, hardcover of any kind, underground utility lines and distribution equipment, light poles, traffic signals, traffic regulatory signs, mailboxes; except: 1) feeders, bird houses, and other devices intended to foster wildlife; and 2) docks or boardwalks when allowed by City ordinance and under a valid City permit. Creation and maintenance of non- hardcover walking paths may be allowed. Commercial Partners Title, LLC 200 South Sixth Street Suite 1300 1 -ORONO/Orono Senior Living Minneapolis,MN 55402 Project No. 11-3498