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1 l -04-1998 .3: l f:iPM FROM IND PARALEGAL SERV 612 295 0.398 <br />FLOWAQE AND CONSERVATION EASEMENT <br />!AND WAIVER OF DAMAGES <br />THIS INDENTURE, m~de and entered into this d 0 <br />'" <br />9 day of G]t-\> ~dxr;-1998, <br />by and between VCI 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 municipal corporation under the laws of the State of <br />Minnesota (hereinafter referrled to as "Grantee"). <br />WITNESSETH, Grantbr, for and in consideration of the sum of One Dollar <br />($1.00), and other valuable consideration, hereby covenants, grants, gifts, quit claims <br />and conveys to Grantee the right to restrict, and Grantor agrees to limit and preclude <br />the use, improvement and d~velopment, under the conditions and covenants herein <br />contained, the following desdribed Land in the County of Hennepin and State of <br />Minnesota: <br />as follows: <br />1. <br />See Exhibit A attached hereto and made a part hereof (the "Landu) <br />I Grantor hereby covenants and agrees: <br />A No structures shall be constructed, erected, or placed upon, above <br />or beneclth the Land including without limitation, fences, fireplaces, <br />steps, d~cks, piers, hardcover or roads of any nature whatsoever, <br />or any other structure or improvement inconsistent with the natural <br />state of ~he land, except that nothing in this Flowage and <br />Conservation Agreement shall prohibit Granter from constructing a <br />private 1ock on the Land to provide access to Lake Minnetonka in <br />the event that Grantor is successful 1n obtaining the necessary <br />permits for such dock from the City and any other agencies which <br />may reg~ilate docks or wetlands. <br />l <br />B. No trees( shrubs or other vegetation shall be destroyed, cut or <br />removed from the Land except as authorized by written consent of <br />Granteel <br />I <br />C. No earthi, loam, peat, gravel, soil or any other natural material or <br />substanqe shall be removed from the Land and there shall be no <br />dredginQ or excavation of any nature whatsoever or any change of <br />the topotraphy of the Land without the written consent of Grantee. <br />P. Ei