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^-2 <br />Reserved for Recording <br />FLOWAGE AND CONSERVATION EASEMENT AGREEMENT <br />AND WAIVER OF DAMAGES <br />THIS AGREEMENT ("Agreement"), is made this__day of 1998, by and <br />between Susan K. VanMoorlehem and Douglas F. VanMoorlehem, wife and husband (collectively, "Grantors"), <br />and the City of Orono, a municipal corporation under the laws of the State of Minnesota ("Grantee"). <br />In consideration of the sum of One Dollar ($1.00) and the other valuable consideration, the <br />Grantors hereby limit and preclude the use, improvement and development, of the land embraced within that <br />portion of the drainage and utility easement on Lot 1, Blockl, Tumham Toll Addition crosshatched on Exhibit <br />A attached hereto (the "Land") and do hereby further agree, as follows: <br />1. Restrictions. Except as permitted herein: <br />A. No structures shall be constructed, erected, or placed upon, above or beneath the Land <br />including without limitation, fences, fireplaces, steps, docks, piers, hardcover or roads of any nature whatsoever, <br />or any other structure or improvement inconsistent with the natural state of the Land; <br />B. No trees, shrubs or other vegetation shall be destroyed, cut or removed fi-om the Land <br />except as authorized by written consent of the Grantee; <br />C. No earth, loam, peat, gravel, soil or any other natural material or substance shall be <br />moved or removed from the Land and there shall be no dredging or excavation of any nature whatsoever or any <br />change of the topography of the Land without the written consent of the Grantee; <br />D. No soil, sand, giavel, or other substance or material as landfill shall be placed, dumped or <br />stored upon the Land and no waste, trash or garbage shall be placed, dumped or stored upon the Land; and <br />E. No use shall be made of the Land except uses, if any which will not change or alter the <br />natural condition of the Land, and no use which would tend to change the drainage, flood control, water <br />conservation, erosion control, soil conser/ation, fish and wildlife habitat characteristics shall be made of the <br />Land or the water situated thereon. <br />21028CLB -1-