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23. SPECIAL PROVISIONS. The following special provisions shall apply to development of the Land: A. Implementation of and adherence to the findings and conditions listed in Resolution No. 6209 Approving the Preliminary Plat for Property Located at Outlot C, Bayview Farms 2°d Addition, File No. 13-3591, adopted by the Orono City Council on March 11, 2013. B. Conservation easements for the protection of wetlands, steep slopes, woodlands and open spaces must be established over the portions of Lot 1 as identified in the KES report and Site Conservation Plan dated February 15, 2013 and the rear portions of all building lots as shown on the approved Conservation/Preservation Plan drawing. Before the City signs the Plat, the Developer shall provide the City with an appropriately executed Grant of Permanent Flowage and Conservation Easement and Restrictive Covenant for Wetland and Wetland Buffer (the "Conservation Easement"), in recordable form, specifying the proposed conditions and limitations to be placed on the specific areas noted above. The easement shall incorporate as a minimum the following elements: no structures allowed, no fences, no domestic animals (i.e. no horses, sheep, chickens, etc.), no tree or vegetation removal except by special permit for maintenance or as part of an approved vegetation management plan, no excavating or earth movement. Creation and maintenance of non-hardcover walking paths may be allowed. Permanent markers of a design and material acceptable to the City Planning Director shall be placed at all points where the conservation easement intersects a lot boundary or where the easement boundary line changes direction. The recording of the Plat and the Conservation Easement shall be conclusive evidence of the satisfaction of this special provision. C. Final Plat approval is subject to Minnehaha Creek Watershed District ("MCWD") approval and permits as required. The City will not approve the Plat until the 9 169371v5