2021 Grant of Permanent Flowage and Conservation Easement and Restrictive Covenant

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GRANT OF PERMANENT FLOWAGE AND CONSERVATION EASEMENT AND RESTRICTIVE COVENANT This Grant of Permanent Flowage and Conservation Easement and Restrictive Covenant (this "Agreement") is made this JCA day of 000/;417 , 2021, by Mark Jacobs and Trisha Blake, each as Trustee for the Irwin L. Jacobs 2018 Irrevocable Trust Agreement dated as of April 30, 2018, (referred to herein as "Grantor"), in favor of the City of Orono, a Minnesota municipal corporation (the "City"). WITNESSETH: The Grantor, in consideration of good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,hereby creates and grants unto the City a permanent easement for wetland flowage and conservation purposes over,under, on and across the following land within the City of Orono, County of Hennepin, State of Minnesota which is legally described on Exhibit A attached hereto and depicted on Exhibit B attached hereto (the"Easement Premises"). The Grantor, its successors and assigns, hereby covenants and agrees as follows: 1. Prohibited and Permitted Uses. That the following are prohibited in perpetuity within the Easement Premises, except by consent of the City or otherwise noted: A. Constructing, installing, or maintaining anything, including 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; 2) docks or boardwalks when allowed by City ordinance and under a valid City permit; and 3) retaining walls when allowed by City ordinance and under a valid City permit. Creation and maintenance of non-hardcover walking paths may be allowed. 1 Error!Unknown document property name. 278328