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8/27/92; 9/2/92; 10/6/92; J]T •5.980765FLOW AGE AND CONSERVATION EASEMENT AND WAIVER OF DAMAGESTHIS INDENTURE is made and entered into this day of October, 1992, by and between S. ALBERT D. HANSER (also known as Albert D. Hanser) and SALLY <br />DODGE HANSER, husband and wife, and their heirs, devisees, assigns, and <br />successors (hereinafter collectively referred to as the "Grantors") and the CITY OF <br />ORONO, its successors and assigns, a municipal corporation under the laws of the <br />State of Minnesota (hereinafter referred to as the Grantee.) <br />WITNESSETH, Grantors, for and in consideration of the sum of One Dollar <br />($1.00) and ether valuable consideration, hereby covenant, grant, gift, quit claim and <br />convey to Grantee the right to restrict, and Grantors agree to limit and preclude the <br />use, improvement and development of, under the conditions and covenants herein <br />contained, the following described property in the County of Hennepin and State of <br />Minnesota; <br />All that part of the northwesterly, northerly and southerly parts of Lot <br />1, all that part of the northerly, northeasterly and southerly parts of Lot <br />2, and all that part of the northerly, easterly and southwesterly parts of <br />Lot 3, all in Block 1, HANSER ADDITION, according to the recorded <br />plat thereof, as specificar/ shown and labeled as "Drainage Easement" <br />on such recorded plat; <br />(hereinafter referred to as "Land") as follows: <br />Grantors hereby covenant and agree; <br />A. No structures shall be constructed, erected, or placed upon, within <br />and above, or within and beneath the Land including without <br />limitation, fences, fireplaces, steps, docks, piers, hardcover or roads of <br />any nature whatsoever, or any other structure or improvement <br />inconsistent with the natural state of the Land, save and except, <br />however, tor that certain private driveway to be constructed near to <br />and southwesterly of the easterly lines of Lot 2, Block 1, HANSER <br />ADDITION in part over that portion or the "Drainage Easement" <br />connecting the "Drainage Easement" area in Lot 2, Block 1, HANSER <br />ADDITION, with the "Drainage Easement" area located in the <br />northeasterly part ot Lot 3, Block 1, HANSER ADDITION; such private <br />driveway to be constructed in accordance with the terms and <br />provisions of that certain Private Driveway Easement and Road <br />Maintenance Agreement executed by and between the Grantors and the <br />purchaser of Lot 3, Block 1, HANSER ADDITION, and such driveway