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FLOWAGE AND CONSERVATION EASEMENT
<br />AND WAIVER OF DAMAGES
<br />'f-(__ r
<br />__ ., THIS INDENTURE, made and entered into this /9 day of J-..,__..,l,,
<br />19cl?, by and between John Burger and Mary ,Jaue Bm; 9 ~ and ,1)ts heirs,
<br />assigns, and successors [hereinafter collective'-ty referred~to as the
<br />Grantor(s)] and the City of Orono, its successors and assigns, a municipal
<br />corporation under the laws of the State of Minnesota (hereinafter referre~
<br />to as the Grantee).
<br />WITNESSETH, Grantor(s), for and in consideration of the sum of
<br />One Dollar ($1,00) and other valuable consideration, hereby covenant,
<br />grant, gift, quit claim and convey to grantee the right to restrict and
<br />grantor(s) agree to limit and preclude the use, improvement and
<br />development, under the conditions and covenants h~rein contained, the
<br />following described Land in the County of Hennepin and State of Minnesota:
<br />Shown as ·the drainage easements on the plat, "Burgers Bayside Second
<br />Addition", Hennepin County, Minnesota
<br />as follows:
<br />1. Grantor(s) hereby covenant and agree(s):
<br />A. No structures shall be constructed, erected, or placed upon,
<br />above, or beneath the Land including without limitation, fences,
<br />fireplaces, steps, docks, piers, hardcover or roads of any nature
<br />whatsoever, or any ·other structure or· improvement inconsistent
<br />with the natural state of the Land.
<br />B. No trees, shrubs or other vegetation shall be destroyed, cut
<br />or removed from the Land except as authorized by written consent
<br />of Grantee.
<br />C. No earth, loam, peat, gravel, soil or any other natural
<br />material or substance shall be moved or removed from the Land and
<br />there shall be no dredging or excavation of any nature whatsoever
<br />or any change of the topography of the Land without the written
<br />consent of Grantee.
<br />D. No soil, sand, gravel or other substance or material as
<br />landfill shall be placed, dumped or stored upon the Land and no
<br />waste, trash or garbage shall be placed, dumped or stored upon
<br />the Land.
<br />E. No use sha 11 be made of the Land except us es, if any, which
<br />wi 11 not change or a 1 ter the na tura 1 condition of the Land, and
<br />no use which would tend to change the drainage, flood control,
<br />water conservation, erosion control, soil conservation, fish and
<br />wildlife habitat characteristics shall be made of the Land or the
<br />water situated thereon.
<br />F. Grantee may enter upon the Land for the purposes of
<br />inspection and_ enforcement of the covenants contained herein and
<br />to cause to be removed from the Land without any liability any
<br />structures, uses, materials, substances, or unnatural matter
<br />inconsistent with the covenants contained her~in and the natural
<br />state of the Land.
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