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,:w 'nr'^' ¥CiW|{|f» t <br />FLOHAGB AND COHSBRVATION BASEMENT <br />AND WAIVER OP DAMAGES <br />THIS INDENTURE, made and entered into this 2nd day of December_ _ <br />19 91# by and between Lynn D. Rood & Clair T. Rood, husband and its heirs# <br />asilgns# and successors [hereinafter collectively i-^f^rred to as the <br />Grantor(s)] and the City of Orono, its successors and assigns# a municipal <br />corporation under the laws of the State of Minnesota (hereinafter referred <br />to as the Grantee). <br />WITNESSETH, Grantor(s)# for and in consideration of the sum of <br />One Dollar ($1#00) and other valuable consideration# hereby covenant, <br />grant# gift# quit claim and convey to grantee the right to restrict and <br />grantor(s) agree to limit and preclude the use# improvement and <br />development# under the conditions and covenants herein contained# the <br />following described Land in the County of Hennepin and State of Minnesota. <br />A flowage and conservation easement over those parts of Lots 54# <br />55 and 56# "Wallaces Addition to the Village of Minnetonka Beach" <br />described as follows: <br />Ppfp <br />Commencing at the most easterly corner of said Lot 56; <br />thence on an assumed bearing of North 39 degrees 11 minutes <br />30 seconds West along the Northeasterly line of said Lot 56 <br />a distance of 212 feet to the point of beginning of the <br />easement being described; thence South 13 degrees West 67 <br />feet; thence South 38 degrees East 70 feet; thence South 17 <br />degrees West 96 feet to "Point A"; thence South 43 degrees <br />West 30 feet; thence South 88 degrees West 110 feet; thence <br />North 52 degrees West 97 feet; thence North 36 degrees West <br />125 feet; thence North 8 degrees West 65 feet; thence North <br />12 degrees East to the Northwesterly line of said Lot 56; <br />thence Northeasterly along said Northwesterly line to the <br />most Northerly corner of said Lot 56; thence South 39 <br />degrees 11 minutes 30 seconds East along said Northeasterly <br />line to the point of beginning. <br />iSI Also# over a strip of land 15 feet wide lying 7.5 feet on each <br />side of a line drawn from said "Point A" to a point on the <br />southeasterly line of said Lot 56 distant 120 feet Southwesterly <br />from said most Easterly corner of Lot 56. <br />as follows: <br />1. Grantor(s) hereby covenant and agree(s): <br />A. NO structures shall be constructed# erected# or placed upon, <br />above# or beneath the Land including without limitation# fences# <br />fireplaces# steps# docks# oiers# hardcover or roads of any nature <br />whatsoever# or any other structure or improvement inconsistent <br />with the natural state of the Land. <br />B. No trees# shrubs or other vegetation shall be destroyed# cut <br />or removed from the Land except as authorized by written consent <br />of Grantee. <br />mm.