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GRANT OF PERMANENT FLOWAGE AND CONSERVATION EASEMENT <br /> AND RESTRICTIVE COVENANT <br /> This Grant of Permanent Flowage and Conservation Easement and Restrictive Covenant <br /> (this"Agreement")is made this "I day of co d 20 by Peter and Martha Eckerline, <br /> husband and wife (collectively referred to herein as "Grantor"), in favor of the City of Orono, a <br /> 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 property <br /> legally described as Lot 3, Block 2, MOONEY LAKE PRESERVE, Hennepin County, <br /> Minnesota(the "Property"). <br /> B. The City has required, as a condition to construction of any buildings on the Property, the <br /> creation of a rain garden on the Property and the execution and 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 /> 2. Creation and Maintenance of Rain Garden. Grantor has created within the Easement Area <br /> a rain garden for stormwater detention and drainage purposes in accordance with the: (i) <br /> 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 /> 1 <br /> 201650v1 <br />