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»« •• <br />■i *.• •43427J 9 <br />« <br />•/ <br />t <br />.•■'i: i*..» <br />-•- i FLOWAGE AND CONSERVATION EASEMENT <br />AND WAIVER OF OAJWGES <br />"■‘i. <br />j %• <br />Iv. <br />I'-* <br />THIS INDENTURE, made :~i entered into this (OtH day of November, <br />1977, by and between William S. Kelley, Jr., a single person, his successors <br />and assigns (herein collectively referred to as the "Grantor") and the City <br />of Orutio, its successors and assigns, a municipal corporation under che laws <br />of the State of Minnesota (herein referred to as the "Grantee"). <br />.V i*.* <br />WITNESSETH, Grantor, for and in consideration of the sisn of One <br />Dollar and other good and valuable consideration, hereby covenants, grants, <br />gifts, quit claims and coweys to Grantee the right to restrict and Grantor <br />agrees to limit and preclude the use, improverrent and development, under the <br />conditions and covenants herein contained of the following described Land <br />in the County of Hennepin and State of Minnesota: <br />•?•' <br />That part of Lot 3, Block 1, Bill Kelley's Land, described as <br />beginning at a point or. the east line of said Lot 3, 517 feet <br />south of the northeast comer thereof; thence north 0* 25* 50" <br />west to the northeast comer of said Lot; thence south 89* 46* <br />01“ vfest along the north line of said Lot, 298 feet; thence <br />south 4* 14* east, 384 feet; thence south 64* 06* 01“ east, <br />304.08 feet to the point of beginning. <br />Also that part of Lot 4, Slock 1, Sill Kelley's Land, de­ <br />scribed as beginning at a point on the north line of said <br />Lot 3, 77 feet east of the northwest comer thereof; thence <br />.••• •• <br />..X - . <br />south 89* 45* 01" west to said r.orthnest corner; tlicnce south <br />0* 25' 50" east, along the west line of said Lot, 517 feet; <br />thence south 83* 06' east, 44 feet; thence north 3* 13' 25" <br />east, 523.41 feet to the point of beginning. <br />;w ,% <br />Also that part of Lot 4, Block 1, Bill Kelley's Land, de­ <br />scribed as beginning at a point on the east line of said <br />Lot 4, 310 feet south of the northeast comer thereof; <br />thence south 0* 25' 50" east along said east line, 182 <br />feet; thence south 82* 04' 23" west, 274.01 feet; thence <br />north 3* 13' 25" east, 116 feet; thence norm 68* 23' 03" <br />east, 283.27 feet to the point of beginning. <br />as follows: <br />1.Grantor hereby covenants and agrees; <br />K <br />\A.No structures shall be constructed, erected, or placed upon, above, <br />or beneatt the Land including without limitation, fences, fireplaces, steps, <br />docks, piers, hard-cover or roads o: any nature whatsoever, or any other struc­ <br />ture or improvement inconsistent with the natural state of the Land. <br />B.No trees, shrubs or other vegetation shall be destroyed, cut or <br />removed from the Land except as authorized by written consent of Grantee. <br />• <br />rr • « <br />C.No earth, learn, peat, gravel, soil or any other natural material <br />or substance shall be roveo or removed from :ne Land and there shall be no <br />dredging or excavation of any nature whatsoever or any chance of the topo­ <br />graphy of the Land without the written consent of Grantee. <br />k s*. <br />.L. J <br />.--4