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FLOWAGE AND CONSERVATION EASEMENT
<br />AND WAIVER OF DAMAGES
<br />THIS INDENTURE, made and entered into this day of
<br />1902, by and between Leroy V. Godfrey and Jean E.
<br />dray, us and and wife, Agnes P. Heinen, a widow, also known
<br />as Agnes P. Godfrey, and Scott K. Goldsmith and Lynn D. Schwie,
<br />husband and rife, their heirs, assigns, successors (hereinafter
<br />collectively referred to as the Grantors) and the City of Orono,
<br />its successors and assigns, a municipal corporation under the
<br />laws of the State of Minnesota (hereinafter referred to as the
<br />Grantee).
<br />WITNESSETN, Grantors, for and in consideration of the sum of
<br />one Doilar M .00) and other valuable consideration, hereby cove-
<br />nant, grant,a quit claim and convey to Grantee, for so long as this
<br />easement for natural flowage ur oses is necessaryyr e�Fi—rgn t o
<br />11 i y re agree o r■ an preclude the use,
<br />improvement and development, under the conditions and covenants
<br />herein. contained, gL the following described Land in the County
<br />of Hennepin and Sta% of Minnesota:
<br />The "drainage easements" as shown on Lot 1 on the plot
<br />of Claire Addition file with the Hennepin county
<br />Recorder's Office
<br />as follows:
<br />1. Grantors hereby covenant and agree for so lo.rg a, this
<br />easement for natural flowage purposes is necessaU:
<br />A. No structures shall be constructed, erected,
<br />or placed upon, above, or beneath the Land including
<br />without limitation, fences, fireplaces, steps, docks,
<br />piers, hardcover or roads of an, nature whatsoever, or
<br />airy other structure or improvement inconsistent with
<br />the natural state of the Land.
<br />B. No trees, shrubs or other vegetation shall be
<br />destroyed, cut or removed from the Land except as
<br />authorized by written consent of Grantee, which consent
<br />shall not be unreasonably withheld.
<br />C. No earth, loam, peat, gravel, soil or any
<br />other natural material or substance shall be moved or
<br />removed from the Land and there shall be no dredging or
<br />excavation of any nature whatsoever or any change of
<br />the topography of the Land without the written consent
<br />of Grantee, which consent ;hall not be unrtasonabl,
<br />withheld.
<br />D. No soil, sand, gravel or other substance or
<br />material as landfill shall be placed, dumped or stored
<br />upon the Land and no waste, trash or garbage shall be
<br />placed, dumped or stored upon the Land.
<br />9. No use shall be made of the Land except uses,
<br />if any. which will not change or alter the natural
<br />condition of the Land, and no ura which would tend to
<br />change the drainage, flood control, water conservation,
<br />erosi:,r control, soil conservation, fish and wildlife
<br />habitat characteristics shall be made of the Land or
<br />tne rater situated thereon.
<br />F. Yith the consent_ 4f Grantors ((as their
<br />interests_ may appear r is coai� noise
<br />yypp�� t rid` Grantee m.y enter upon the Land
<br />oror ttfses of inspection and enforcemen. of the
<br />covenants contained herein and to cause to be removed
<br />from the Land without any liability any structures,
<br />uses, materials, substances, or unnatural matter
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