04-10-2013 - Easement (conser. ease. & rest. cov. for wet.)

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(reserved for recording information) p GRANTOF PERMANENT FLOWAGE AND CONSERVATION ION EASEMEN T AND RESTRICTIVE COVENANT FOR WETLAND AND WETLAND : ITFFER WOLVERTON PLACE,LLC,a Minnesota limited liability company("Grantor"),in consideration of good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,does hereby create and grant unto the CITY OF ORONO,a municipal corporation organised and existing under the laws of the State of Minnesota,the Grantee,a permanent flowage and conservation easement for the purposes set forth in this instrument,over,under,and across the wetland and wetland buffer as described in the legal description and site plan attached hereto as Exhibit A(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. B. Cutting,mowing or removing shrubs or other vegetation, and cutting, destroying or removing trees greater than four inches in diameter, except for tree disease control by or as directed by a governmental agency. Grantor may remove brush, diseased or dead trees of any size, and noxious weeds. C. Excavation or filling or material alteration of grade, including changes to the size, depth or contour of the wetland; dredging,mining or removal of earth,loam,peat, gravel, soil or any other natural material. 163733 1