03-23-1998 Council Packet - Laserfiche WebLink

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% TREE, WOODLAND AND V EGETATION PRESERVATION EASEMENT AGREEMENT AND WAIVER OF DAMAGES 4^1>:r THIS INDENTURE, made and entered into this __day of and between __________ __________, 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, improv ement 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 e.xcept the following: 1) one lakeshore access stairway per Lot, such staiiAvay being nor more than 4 feet in width, subject to City approval; 2) one dock structure e.xtending from the shoreline; if such structure includes a canopy-covered slip, such canopy to be green or brown in color; 3) one lockbox limited to 20 s.f area and 4 feet maximum height, finished in natural earthtones; 4) one mechanized lift dev ce for transporting persons up and down 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, stairways and lifts may be designed to run diagonally across the slope in order to maximize natural vegetative screening and avoid vertical cuts in the shore 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. Clearcutting of vegetation shall not occur except to the minimal extent necessary to accomplish one of the improvements in (A) above. Selective Page 1 of3