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10-27-1998 4:48PM FROM IND PARALEGAL SERV 612 295 0398 <br />FLOW AGE AND CONSERVATION EASEMENT <br />. AND WAIVER OF DAMAGES <br />THIS INDENTURE~ made and entered into this __ day of ______ _ <br />1998, by and between VCJ Capital, Inc., a Minnesota corporation, and its successors and <br />assigns (collectively referred. to hereinafter as the "Grantor") and the City of Orono, its <br />successors and assigns, a n11f!nicipal corporation under the hws of the State of Minnesota <br />(hereinafter referred to as tm:: "Grnntee"). <br />WITNESS ETH, Gra~1tor, for and in consideration of the sum of One Dollar <br />($1. 00) and other valuable consideration, hereby covenant, grant, gift, quit claim and <br />convey to grantee the 1ight tp restrict and grantor agrees to limit and preclude the use, <br />improvement and developrn1;nt, under the conditions and covenants herein contained, the <br />following described Land irn the County of Hennepin and State of Minnesota: <br />See Exhibit A attached hereto and made a part hereof <br />(the "Land") as follows: <br />1. Grantor hereUiy covenants and agrees: <br />A. No st:tuctures shall be constrncted, erected, or placed upon, above <br />or be1ieath the Land including without limitation, fences, <br />fireplices, steps, docks, piers, hardcover or roads of any nature <br />whatspever, or any other structure or improvement inconsistent <br />with tbe natural state of the land. <br />B. No tr~es, shrubs or other vegetation shall be destroyed, cut or <br />removed from the Land except as auth01ized by written consent of <br />Grant~e. <br />C. No earth, loam, peat, gravel, soil or any other natural material or <br />subst~nce shall be moved or removed from the Land and there <br />shall be no dredging or excavation of any nature whatsoever or any <br />changie of the topography of the Land without the written consent <br />of Grantee. <br />D. No soil, sand, gravel or other substance or matc1ial as landfill shall <br />be plaped, dumped or stored upon the Land and no waste, trash or <br />garba$e shall be placed, dumped or slored upon the Land. <br />E. No use shall be made of the Land except uses, if any, which will <br />not chf::tnge or alter the natural condition of the Land, and no use <br />which would tend to change the drainage, flood control, water <br />conseirvation, erosion control, soil conservation, fish and wildlife <br />P.3