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�� ,r 6.�7` �' •� R�e s d !. � 1051 • FLOWAGE EASEMENT THIS INDENTURE , made and entered into this�,day of May, 1979, by and between Roger A. Fazendin and Margaret C. Fazendin, husband and wife, Daniel C. Fazendin and Lynn L. Fazendin, husband and wife, and Spencer D. Rotzel and Victor F. Rotzel, husband and wife, and Henry E. Neils and Eva R. Neils, husband and wife, their heirs, assigns , and successors (here- inafter collectively referred to as the Grantors 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, Grantors, for and in consideration of the sum of One Dollar ($1. 00) and other valuable consideration, hereby quit claim and convey to Grantee a nonexclusive Flowage Easement for a storm water holding area over the following des- cribed property located in the County of Hennepin, State of Minnesota: The wetlands area in Lot l, Block 1 Fazendin Forest subdivision as shown • on the recorded plat thereof. Conveyance of the aforesaid Flowage Easement is hereby given upon the following conditions: 1. Grantors Henry E. Neils and Eva R. Neils, husband and wife, retain the right to maintain an existing lot line fence (wire and rail) which is presently on their property. 2. Grantee its successors and assigns hereby agrees to reconvey to grantors Henry E. Neils and Eva R. Neils, husband and wife, their heirs and assigns the aforesaid easement at any time in the future that such wetlands area ceases to exist as a storm water holding pond, by reason of diversion of up- stream run-off water, construction of storm sewers, construction in adjoining municipalities which alter such run-off water or for any other reason that causes such wetland to cease to exist as such. The judgment of the Minnehaha Creek Water Shed District shall be conclusive as to whether such wetlands area is needed t^^^ ^ ^+-�+^*++ *.»��+r hnl �i nrr aYPa _ .