04-08-1985 Council Packet - Laserfiche WebLink

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FLOWAGE AND CONSIAWATION EASEMENT AND WAIVER OF DAMAGES i a i j THIS INDENTURE, made and entered into this _ day of 19 9 by and between Thomas M. Crosby and Ella P. Crosby. husband and wife heirs, assigns, successors (hereinafter collectively referred to as the Grantor (s)j 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). WITNESSETIi, Grantor (s) , for and i•n consideration of the sum of One Dollar M .00) and other valuable consideration, hereby covenant, grant, gift, quit claim and convey to Grantee the right tc restrict and Grantor(s) agree to limit and preclude the use, improvement and development, under the conditions and covenants herein contained, the following described Land in the County of Hennepin and State of Minnesota: See Exhibit A attached hereto and made a part hereof. as follows: 1. Grantor(s) hereby covenant and agree(s): A. No structures shall be constructed, erected, or placed upon, above, or beneath the Land including without limitation, fences, fireplaces, steps, docks, piers, hardcover or roads of any nature whatsoever, or any other structure or improvement inconsistent with the natural state of the Land. B. I;o trees, shrubs or other vegetation shall be destroyed, cut or removed from the Land except as authorized by written consent of Grantee. C. No earth, loam, peat, gravel, soil or any other natural material or substance shall be moved or removed from the Land and there shall be no dredging or excavation of any nature whatsoever or any change of the topography of the Land without the written consent of Grantee. D. No soil, sand, gravel or other substance or material as landfill shall be placed, dumped or stored upon the Land and no waste, trash or garbage shall be placed, dumped or stored upon the Land. E. No use shall be made of the Land except uses, if any, whic'hwill not change or alter the natural condition of the Land, and no use which would tend to change the drainage, flood control, water conservation, erosion control, soil conservation, fish and wildlife habitat characteristics :,hall 1n made of the Land or the water situated thereon.