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FLOWAGE A%U CONSERVATIO'I FASE" E',' <br />Ah0 WAIVER OF OArtAGES <br />THIS INDENTURE. made r 4 entered into thi; /D rjy day of hpv,2rber, <br />1977. by and between William S. Kelley, Jr.. a single person, his successors <br />and assigns (herein collectively referred to as the "Grantor") and the City <br />of 3rvnw. its successors a,d assigns, a municipal corporation under the laws <br />of the State of Minnesota (herein referred to as the "Granteft'). <br />WITNESSETH. Grantor, for and in consideration of the sun of one <br />Dollar and other good and valuable consideration, hereby covenants, grants. <br />gifts, quit claims and conveys to Grantee the riqht to restrict and Grantor <br />agrees to limit and preclude the use, improvement and development, under the <br />conditions and covenants herein contained of the following described Land <br />In the county of Hennepin and State of Minnesota; <br />That part of lot 3. Block 1. Bill Kelley's land, described as <br />beginning at a point on the east line of said Lot 3, 517 feet <br />south of the northeast comer thereof; thence north 0' 25, 50" <br />west to the northeast corner of said Lot; thence south 89. 46' <br />01" west along the north line of said lot. 298 feet; thence <br />south 4. 14' east. 384 feet; thence south 64' 06' 01" east, <br />304.08 feet to the point of beginning. <br />Also that part of Lot 4, Block 1, Bill Kelley's Land. de- <br />SCrUpad as beginning at a point on the north line of said <br />Lo 3. 77 feet east of the northwest corner thereof; thence <br />So' -02' 46' ^1" west to Suid hJrLliwest Burner; Uivns a south <br />0. 25' 50• east, along the west line of said lot, 517 feet; <br />thence south 83' 06' east, 44 feet; thence north 3. 13' 25" <br />east, 523.41 feet to the point of beginning. <br />Also that part of lot 4. Block 1. Rill Kelley's Land, de- <br />scribed es beginning at a point en the east line of said <br />Lot 4, 310 feet south of the northeast corner thereof; <br />thence south 0' 25' 50" east along said east line, 182 <br />feet; thence south 82' 04' 23" west, 274.01 feet; thence <br />north 3. 13' 25" cast. 116 fee.; thence north 68° 28' 03" <br />east, 283.27 feet to the M nt of beginning. <br />as follows: <br />1. Grantor hereby fovenants and agrees: <br />A. No structu+es shall be constructed, erected, or placed upon, above. <br />or beneath the Land inciudir.y without linitation, fences, fireplaces, steps. <br />docks. piers. hard -cover or roods of any nature whatsoever, or any other struc- <br />ture or improvement inconsistent with the natural state of the land. <br />B. No trees. shrubs or other vegetation shall be destro,.:d. cut or <br />removed from the land except as authorized by written consent of grantee. <br />C. No earth, loam. peat, gravel, soil or any other natural raterial <br />or substance shall be moved or rer-oved from the Lard and there shall to no <br />dredging or excavation of any nature w atseeyor or any change cr th" tona- <br />graphy of the Land wite.out the written consent of Grant-. <br />I' 1. 1 1 177 <br />