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<br /> BLUFF PROTECTION EASEMENT
<br /> THIS INDENTURE,made thisL day of�/��, (3�Gl ,between Alfred P.Richie and
<br /> Marilyn A. Richie, husband and wife, of the County of Hennepin and the State of Minnesota, on
<br /> behalf of themselves, their heirs, successors and assigns, (hereinafter referred to as"Owner"), and V
<br /> the City of Orono, a municipal corporation under the laws of the State of Minnesota(hereinafter
<br /> referred to as "City"). (,Yj
<br /> �D
<br /> WITNESSETH :
<br /> 1. Owner, in consideration of the sum of One Dollar ($1.00) and other good and valuable
<br /> consideration to Owner in had paid by the City,the receipt and sufficiency whereof is hereby
<br /> acknowledged,does Grant and Convey unto the City,forever,the following non-exclusive,
<br /> perpetual easement and restrictions over and under and across property located in the County
<br /> of Hennepin and the State of Minnesota,and legally described in Exhibit A attached hereto
<br /> (hereinafter described as "Land").
<br /> 2. Said easement and restrictions include the free right of the City or its agents to enter upon
<br /> said easement for the purpose of inspecting, repairing, removing and reconstructing such
<br /> facilities. The City shall return the area it disturbs to grade and seed the same and replace
<br /> the surface soil with the original type material.
<br /> 3. The Owner agrees to the following:
<br /> a. No trees,shrubs or other vegetation shall be destroyed,cut or removed from the Land
<br /> except as authorized hereunder or by written consent of City.
<br /> b. Except as authorized hereunder,no earth,loam,peat,gravel,soil or any other natural
<br /> material or substance shall be moved or removed from the Land and there shall be
<br /> no dredging or excavation of any nature whatsoever or any change of the topography
<br /> of the Land without the written consent of City.
<br /> C. Except as authorized hereunder,no soil,sand,gravel, or other substance or material
<br /> as landfill shall be placed, dumped or stored upon the Land and no waste,trash or
<br /> garbage shall be placed, dumped or stored upon the Land.
<br /> d. Except as authorized hereunder,no use shall be made of the Land except uses,if any,
<br /> which will not change or alter the natural condition of the Land, and no use which
<br /> would tend to change the drainage,flood control,water conservation,erosion control,
<br /> soil conservation, fish and wildlife habitat characteristics shall be made of the land
<br /> or the water situated thereon.
<br /> 4. Notwithstanding anything contained or suggested herein to the contrary, Owners (and their
<br /> respective purchasers,successors and assigns)will retain the right to conduct the following
<br /> activities on, across or with respect to the Land:
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