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was recorded as Hennepin County Document No. TO5284392. The City intends to vacate the
<br /> easement granted by Document No. T05284392 and the purposes of this Agreement is to replace
<br /> Document No.TO5284392.
<br /> The Grantor,its successors and assigns,hereby covenants and agrees as follows:
<br /> 1. Prohibited and Permitted Uses. That the following are prohibited in perpetuity within the
<br /> Easement Premises, except by consent of the City or otherwise noted in this Agreement or
<br /> set forth in the Declaration:
<br /> A. Constructing, installing, or maintaining anything,including buildings, structures,
<br /> walkways,fences, retaining walls,fireplaces, clothes line poles,playground
<br /> equipment,roads,hardcover of any kind,underground utility lines and
<br /> distribution equipment, light poles,traffic signals,traffic regulatory signs,
<br /> mailboxes; except: 1) feeders, bird houses, and other devices intended to foster
<br /> wildlife; 2) docks or boardwalks when allowed by City ordinance and under a
<br /> valid City permit; 3)retaining walls when allowed by City ordinance and under a
<br /> valid City permit; and 4)a private sewage treatment system(otherwise known as
<br /> a septic system) serving this Lot(including, without limitation, a holding tank, a
<br /> drain field,meters, a lift station,piping pumps, and all other relates apparatus and
<br /> related improvements (collectively,the"Sewage Treatment System")). Creation
<br /> and maintenance of non-hardcover walking paths may be allowed.
<br /> B. Cutting,mowing or removing shrubs or other vegetation, and cutting, destroying
<br /> or removing trees greater than four inches in diameter, except for tree disease
<br /> control by or as directed by a governmental agency and except by special permit
<br /> for maintenance; as a part of an approved vegetation management plan; and, to
<br /> maintain, repair and reconstruct any stormwater ponds and facilities within the
<br /> Easement Premises. Grantor may remove brush, diseased or dead trees of any
<br /> size, buckthorn and noxious weeds.
<br /> C. Excavation or filling or material alteration of grade, including changes to the size,
<br /> depth or contour of the wetland; dredging,mining or removal of earth, loam,peat,
<br /> gravel, soil or any other natural material.
<br /> D. Free roaming of domestic animals (i.e. horses, sheep, chickens, etc.)
<br /> E. The deposit of waste,yard waste, or debris.
<br /> F. Activity detrimental to the screening of the neighboring properties.
<br /> G. Application of fertilizers,whether natural or chemical.
<br /> H. Application of chemicals for the destruction or retardation of vegetation.
<br /> I. The application of herbicides,pesticides, and insecticides, except for noxious
<br /> weed control by or as directed by a governmental agency.
<br /> 2
<br /> Lot 15,Block 3,Lakeview of Orono
<br /> 210384v1
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