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J <br />t <br />FLOWAGE AND CONSERVATION EASEMENT <br />AND WAIVER OF DAMAGES <br />THIS INDENTURE, made and entered into this day of <br />1978 , by and "between Ralph Carlson <br />Companies Inc., a Minnesota corporation , <br />its heirs, assigns, successors (hereinafter collectively <br />referred to as the Grantor(s)) and the City of Orono, its suc <br />cessors and assigns, a municipal corporation under the laws of <br />the State of Minnesota (hereinafter referred to as the Grantee). <br />WITNESSETH, Grantor(s), for and in consideration of the <br />sum of One Dollar ($1.00) and other valuable consideration, <br />hereby covenant; grant, gift, quit claim and convey to Grantee <br />the right to restrict and Grantor(s) agree to limit and pre- <br />clude fhe use, improvement and development, under the condi- <br />tions and covenants herein contained, the following described <br />Land in the County of Hennepin and State of Minnesota:" <br />those certain areas designated as "Drainage Easement" <br />(and not including areas designated as -"utility and <br />drainage easement") on the plat of "Orono Oaks, Hennepin <br />County, Minnesota and affecting portions of Lots -1, 2, <br />3, 4, 5, 7, 8 and 9, Block 1, said subdivision <br />as follows: <br />1. Grantor(s) hereby covenant and agree(s): <br />A. No"structures shall be constructed, erected, or <br />placed upon, above, or -beneath the Land including without limit- <br />ation, f ences,.fireplaces;.steps, docks, piers, hard -cover or <br />roads of any nature whatsoever, or any other structure -or improve- <br />ment inconsistent.with the natural state of the Land._ <br />B. No trees, shrubs or other vegetation shall be <br />destroyed,'cut or removed from the Land except as authorized <br />by written consent of Grantee. <br />C. No earth, loam, peat, gravel, soil or any other <br />natural material or substance shall be moved oz removed from <br />the Land and there shall be no dredging or excavation of any <br />nature whatsoever or any change of the topography of the Land <br />without the written consent of Grantee. <br />It <br />