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12-22-1997 1 :53PM FROM IND PARALEGAL SERV 612 295 0398 <br />FLOWAGE AND CONSERVATION EASEMENT <br />AND WAIVER OF DAMAGES <br />P.6 <br />THIS INDENTURE, made and entered into this _ day of ________ _ <br />19 , by and between __________ -,-____________ • and its <br />heirs, assigns, and successors [hereinafter collectively referred to as the Grantor(s)] and the City <br />of Orono, its successors and assigns, a municipal corporation under the laws of the State of <br />Minnesota (hereinafter referred to as the Grantee.) <br />WITNESSETH, ·Grantor(s), for and in consideration of the sum of One Dollar ($1.00) <br />and other valuable consideration, hereby covenant, grant, gift, quit claim and convey to grantee <br />the right to restrict and grantor(s) agree to limit and preclude the use, improvement and <br />development, under the conditions and covenants herein contained, the following described Land <br />in the County of Hennepin and State of Minnesota: <br />as follows: <br />1. Grantor(s) hereby covenant and agree(s): <br />A. No structures shall be constructed, erected, or placed upon, above ► or <br />beneath the Land including without limitation, fences, fireplaces, steps, docks, <br />piers, hardcover or roads of any nature whatsoever, or any other structure or <br />improvement inconsistent with the natural state of the land. <br />B. No trees, shrubs or other vegetation shall be destroyed; cut or removed <br />from the Land except as authorized by written consent of Grantee. <br />C. No earth, loam, peat, gravel, soil or any other natural material or <br />substance shall be moved or removed from the Land and there shall be no <br />dredging or excavation of any nature whatsoever or any change of the topography <br />of the Land without the written consent of Grantee. <br />D. No soil, sand, gravel or other substance or material as landfill shall be <br />placed, dumped or stored upon the Land and no waste, trash or garbage shall be <br />placed, dumped or stored upon the Land. <br />E. No use shall be made of the Land except uses, if any, which will not <br />change or alter the natural condition of the Land. and no use which would tend <br />to change the drainage, flood control, water conservation, erosion control. soil <br />conservation, fish and wildlife habitat characteristics shall be made of the Land <br />or the water situated thereon.