03-09-1998 Council Packet - Laserfiche WebLink

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TREE, WOODLAND AND VEGETATION PRESERVATION EASEMENT AGREEMENT AND WAIVER OF DAMAGES Tins INDENTURE, made and entered into this and between __________ day of , 19___, by and its heirs, assigns, and successors [hereinafter collectively referred to as the Grantor(s)] and the City of Orono, its successors and assigns, a municipal corporation under the laws of the State of Minnesota (hereinafter referred to as the Grantee.) WITNESSETH, Grantor(s), for and in consideration of the sum of One Dollar ($1.00) and other valuable consideration, hereby covenant, grant, gift, quit claim and convey to grantee the right to restrict and grantor(s) agree to limit and preclude the use, improvement and development, under the conditions and covenants herein contained, the following described Land in the County of Hennepin and State of Minnesota: as follows: 1. Grantor(s) hereby covenant(s) and agree(s): A.No structures shall be constructed, erected, or placed upon, above, or beneath the Land except the following: 1) one lakeshore access stairway per Lot, such stairway being nor more than 4 feet in width, subject to City approval; 2) one dock structure extending from the shoreline; if such structure includes a canopy-covered slip, such canopy to be green or brown in color; 3) one lockbu.< limited to 20 s.f. area and 4 feet maximum height, finished in natural earthtones; 4) one mechanized lift device for transporting persons up and dowTi the bluff. All such structures or devices shall be designed, located and finished to be consistent with the natural state of the land and screened from view as viewed from the lake to the greatest extent possible. Where feasible, tairways and lifts may be designed to run diagonally across the slope in ’•dci to maximize natural vegetative screening and avoid vertical cuts in the ,r-V landscape. B.No trees, shrubs or other vegetation shall be destroyed, cut or removed from the Land except as authorized by written consent of Grantee. Clearcu’.ting of vegetation shall not occur except to the minimal extent necessar}' to accomplish one of the improvements in (A) above. Selective Page 1 of 3 J