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<br />SUBDIVISION
<br />2340 Fox Street
<br />#278
<br />William Kellev flowage and conservation easement
<br />AND WAIVER OF DAMAGES
<br />THIS INDENTURE, made and entered into this 10day 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 Orono, its successors and assigns, a municipal corporation under the laws
<br />of the State of Minnesota (herein referred to as the 'Grantee").
<br />WITNESSETH, Grantor, for and in consideration of the sum of One
<br />Dollar and other good and valuable consideration, hereby covenants, grants,
<br />gifts, quit claims and conveys to Grantee the right to restrict and Grantor
<br />agrees to limit and preclude the use, improvement 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 />That part of Lot 3, Block 1, Bill Kelley's Land, described as
<br />beginning at a point on the east line of said Lot 3, 517 feet
<br />south of the northeast comer thereof; thence north 0® 50'^'
<br />west to the northeast corner of said Lot; thence south 89® 46
<br />01" west 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, Block 1, Bill 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 />south 89® 46* or west to said northwest comer; thence 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 />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 north 68® 28' 03"
<br />east, 283.27 feet to the point of beginning.
<br />as follows:
<br />1.Grantor hereby covenants and agrees:
<br />A. No structures shall be constructed, erected, or placed upon, above,
<br />or beneath the Land including without limitation, fences, fireplaces, steps,
<br />docks, piers, hard-cover or roads of 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 />C. No earth, loam, peat, gravel, soil or any other natural material
<br />or substance shall be moved or removed from the Land and there shall be no
<br />dredging or excavation of any nature whatsoever or any change of the topo
<br />graphy of the Land without the written consent of Grantee.
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