|
p
<br /> 2. Creation and Maintenance of Rain Gardens. Grantor has created within the Easement Area
<br /> two rain gardens for stormwater detention and drainage purposes in accordance with the:
<br /> (i)plans therefor approved by the City's Engineer; (ii) the plans and terms of the Mooney
<br /> Lake Development Contract dated October 30, 2015 and recorded with the Office of the
<br /> Registrar of Titles of Hennepin County, Minnesota, as Document No. T5301970; and(iii)
<br /> in accordance with the survey attached hereto as Exhibit"B"(collectively, "Approvals and
<br /> Plans"). Hereafter, Grantor shall maintain the rain gardens in perpetuity in accordance
<br /> with the Approvals and Plans, free from mowing or other vegetative disturbance.
<br /> Specifically, Grantor shall not construct or install within the Easement Area any building,
<br /> structure,walkway,fence,retaining wall,fireplace,pole,playground equipment,road,hard
<br /> cover, underground utility lines, or utility distribution equipment, except feeders,
<br /> birdhouses and other devices intended to foster wildlife, retaining walls when allowed by
<br /> City ordinance and under a valid permit issued by the City, and non-hard cover walking
<br /> paths when approved in writing by the City. After creation of the rain gardens no cutting,
<br /> mowing or removing of shrubs or other vegetation,cutting,destroying or removing of trees
<br /> greater than four inches in diameter except for disease control by or as directed by a
<br /> governmental agency or by special permit for maintenance as part of an approved
<br /> vegetation management plan and to maintain, repair and reconstruct the rain gardens, shall
<br /> be permitted. The foregoing shall not prohibit the removal of brush,diseased or dead trees
<br /> of any size, and buckthorn and noxious weeds, from the Easement Area. After creation of
<br /> the rain gardens,no excavation or filling or material alteration of the grade of the Easement
<br /> Area, including changes to the size, depth or contour of the Easement Area, dredging,
<br /> mining or removal of earth, loam, peat, gravel, soil or any other natural material, shall be
<br /> permitted. Grantor shall not permit the free roaming of domestic animals in the Easement
<br /> Area or the deposit of waste, yard waste or debris therein. Grantor shall not apply in the
<br /> Easement Area any fertilizers, whether natural or chemical, chemicals for the destruction
<br /> or retardation of vegetation, herbicides,pesticides or insecticides, except for noxious weed
<br /> control by or as directed by a governmental agency. No outside storage of any kind shall
<br /> be permitted in the Easement Area.
<br /> 3. Rights of the City. Grantor, for itself and its successors in title to the Property, hereby
<br /> grants to the City the affirmative right, but not the obligation, in order to effectuate the
<br /> purposes of this Agreement, to preserve, improve and enhance the slope, trees, vegetation
<br /> and natural habitat of the Easement Area by altering, clearing and removing trees or other
<br /> vegetation, changing the contour of the land, and planting trees and other vegetation, and
<br /> to enter upon the Property and Easement Area at any time to enforce compliance with the
<br /> terms of this Agreement, all upon reasonable prior notice to Grantor.
<br /> 4. Grant of Flowage Easement. Grantor hereby grants, gifts, quitclaims and conveys to the
<br /> City a perpetual flowage easement and right and privilege to trespass with water over and
<br /> upon any or all of the Easement Area.
<br /> 5. Release. Grantor, for itself and its successors in title to the Property, hereby remises,
<br /> releases, acquits and forever discharges the City and any and all of its officers and
<br /> employees of and from any and all claims, demands or causes of action of any kind or
<br /> 2
<br /> 210644v1
<br />
|