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FLOWAGE, AND CONSERVATION EASEMENT AGILLI✓LY EN T AND WAIVER OF DAMAGES TIUS INDENTURE, made raid entered into this day of , 19_ , by and between iiohl.and Development, Inc., a Minnesota corporation and its heirs, assigns, aiid successors [hereilialter collectively referred to as [lie Grantor(s)] and the City of Orono, its successors and assigns, a nlulliCipal corporation tinder the laws of the State of Minnesota (liereinafter referred to as the Grruitee.) WITNLSSLTH, Grantor(s), for and in consideratioi of the stun of One Dollar ($1.00) acid other valuable consideration, hereby covenaltt, grant, gilt, quit claim and convey to grantee the right to restrict and grantor(s) agree to limit and preclude the use, iniprovenient and development, under the conditions and covenants herein contained, the following described Land in the County of I Ieluiepin and State of Millnesota: over the wetland and stormwater management pond as depicted on the plat of CARRIAGEHILL as follows: I. Grantor(s) hereby covenant(s) and agree A. No structures shall be constructed, erected, or placed upon, above, or beneath the Land iilcluding without limilation, fences, fireplaces, steps, clocks, biers, hardcover or roads of any nature whalsoever, or any other structure or il"pro venlenI illconsisWilt willt the natural slate of the laird. D No trees, shrubs or other vegetation shall be destroyed, cut or removed from the Laud except as authorized by written consent of Grantee. C. No earth, loaml, 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 excavatioll of any nature whatsoever or any change of the topography of the Land witliout the written consent of Grantee. D. No soil, sand, gravel or other substance or material as landfill shall be placed, chimiped or stored upon the Land and no waste, trash or garbage shall be placed, dumped or stored upon [lie Land. Pagel of'3