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(reserved for recording) <br /> GRANT OF PERMANENT FLOWAGE AND CONSERVATION <br /> EASEMENT AND RESTRICTIVE COVENANT <br /> This Grant of Permanent Flowage and Conservation Easement and Restrictive Covenant <br /> (this"Agreement")is made this 11 day of OeCthikl-u';201 q by Bryan W.Munsell and Hayley <br /> M. Munsell, husband and wife (collectively referred to herein as "Grantor"), in favor of the City <br /> of Orono, 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 <br /> property legally described as Lot 2, Block 2, MOONEY LAKE PRESERVE, <br /> Hennepin County, Minnesota(the "Property"). <br /> B. The City has required, as a condition to construction of any buildings on the <br /> Property, the creation of a rain garden on the Property and the execution and <br /> delivery of this 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 Grantor, <br /> Grantor hereby creates and grants unto the City a permanent easement for wetland flowage and <br /> conservation purposes over, under, on and across that part of the Property legally described on <br /> Exhibit "A" attached hereto and made a part hereof by this reference (the "Easement Area") on <br /> 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 /> 1 <br /> 205892v1 <br />