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184949v1 EXHIBIT C “Scenic Easement” SCENIC EASEMENT DECLARATION THIS SCENIC EASEMENT DECLARATION (“Declaration”) is made this ____ day of ____________, 201__, by Jacob J. Barkley and Maureen L. Barkley, as joint tenants (collectively, “Declarant”). WHEREAS, on or about the date hereof, Declarant purchased that certain real property located in Hennepin County, Minnesota, legally described on the attached Exhibit A (the “Purchased Parcel”) from the City of Orono, a Minnesota municipal corporation (the “City”); WHEREAS, as a condition of the sale of the Purchased Parcel by the City to the Declarant, the City requires that the Declarant grant the City a scenic easement on the terms and conditions set forth herein; and WHEREAS, Declarant is willing to grant such an easement to the City on the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the foregoing, and for other valuable consideration the receipt of which is hereby acknowledged, Declarant declares, establishes, agrees and covenants as follows: 1. Grant of Easement. Subject to the terms and conditions herein, Declarant hereby grants and coveys to the City a perpetual scenic easement over the Purchased Parcel for the purpose of preserving the visibility of Stubbs Bay from Bayside Road, a public right-of-way, by limiting the permanent improvements and structures that may be erected, constructed, maintained, replaced or repaired on the Purchased Parcel to the following: private boat docks and other improvements and appurtenances related to such docks or in furtherance of the use of such docks. Any such docks, improvements and appurtenances shall be erected, constructed, maintained, repaired, and replaced in accordance with applicable ordinances, laws and governmental regulations governing or otherwise affecting the Purchased Parcel. 2. Covenants Run With Land. The terms and provisions of this Declaration shall run with the Purchased Parcel, and shall be binding upon and inure to the benefit of the Declarant, their successors and assigns, and the City, its successors and assigns. 3. Rights Reserved. Except for the rights expressly granted herein to the City, all rights in and to the Purchased Parcel are reserved to the Declarant, provided the Purchased Parcel shall be subject to ordinances, laws and governmental regulations governing or otherwise affecting the Purchased Parcel.