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� 9��3'�� <br /> FLOWAGE AND CONSERV TION EASEMENT <br /> AND WAIVER OF AMAGES <br /> ��.-0 <br /> THIS INDENTURE, made and entered int this� �� day of 6�e,� �.��r1998, <br /> by and between VCI Capital, Inc. a Minnesota c rporation, and its successors and <br /> assigns (collectively referred to hereinafter as th "Grantor") and the City of Orono, its <br /> successors and assigns, a municipal corporatio under the laws of the State of <br /> Minnesota (hereinafter referred to as "Grantee" . <br /> WITNESSETH, Grantor. for and in consid ration of the sum of One Dollar <br /> ($1.00), and other va{uable consideration, hereb covenants, grants, gifts, quit claims <br /> ci iu COilVzyS iG Gra�tee tne ric��t ro restrict, aiiCj TafitOi ayrees io limi� and preciude <br /> the use, improvement and development, under t e conditions and covenants herein <br /> contained, the following described Land in the C unty of Hennepin and State of <br /> Minnesota: <br /> See Exhibit A attached hereto �and ade a part hereof (the "Land") <br /> as follows: <br /> 1. Grantor hereby covenants and agr es: <br /> A. No structures shall be const ucted, erected, or placed upon, above <br /> or beneath the Land includi g without limitation, fences, fireplaces, <br /> steps, docks, piers, hardcov r or roads of any nature whatsoever, <br /> or any other structure or im rovement inconsistent with the natural <br /> state of the land, except tha nothing in this Flowage and <br /> Conservation Agreement sh II prohibit Grantor from constructing a <br /> private dock on the Land to rovide access to Lake Minnetonka in <br /> #he ev�nt that Grantor is su cessful in obtaining the necessary <br /> permits for such dock from t e City and any other agencies which <br /> may regulate docks or wetl nds. <br /> B. No trees, shrubs or other v getation shall be destroyed, cut or <br /> removed from the Land exc pt as authorized by written consent of <br /> Grantee. <br /> C. No earth, loam, peat, gravel, soil or any other natural material or <br /> substance shall be remove from the Land and there shall be no <br /> dredging or excavation of a y nature whatsoever or any change of <br /> the topography of the Land ithout the written consent of Grantee. <br />