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Flowage/drainage easement
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Outlot A-03-117-23-12-0019
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Flowage/drainage easement
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Last modified
8/22/2023 3:10:46 PM
Creation date
5/16/2016 12:45:40 PM
Metadata
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x Address Old
Address
Outlot A
Document Type
Land Use
PIN
0311723120019
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� <br /> G. Grantee may enter upon the Land for the purposes of inspection and enforcement <br /> of the covenants contained herein and to cause to be removed from the Land, <br /> without any liability, any structures, uses, materials, substances, or unnattiral <br /> matter inconsistent with the covenants contained herein and the natural state of <br /> the Land. <br /> H. Creation and maintenance of non-hardcover walking paths is allowed on the Land.A <br /> private trail with no more than one(1) connecting point to the Luce Line Trail may be <br /> constructed pursuant to this section, with prior written approval of the Minnesota <br /> Department of Natural Resources. <br /> I. Permanent markers of a desib and material acceptable to the Planning Director of <br /> the City of Orono shall be placed at all points where this easement intersects a lot <br /> boundary or where this easement boundary line changes direction, as noted on <br /> E�-►ibit A. <br /> 2. Grantor hereby grants, gifts, quit claims and conveys to Grantee, a perpetual flowage <br /> easement and right and privilege to trespass with water over and upon any ar all of the <br /> Land. <br /> 3. The existing wood creek crossing bridge is to remain on the Land. The Grantor, or its <br /> assi�ns shall have the right and obligation to make such use of said Land as is reasonably <br /> necessary and advisable to the maintenance, repair or replacement of said bridge. <br /> 4. Grantor herein does hereby remiss, release, acquit and forever discharge, forever, the <br /> Grantee and any and all of its officers and employees of and from any and all claims, <br /> demand or causes of action of any kind or nature whatsoever which may arise or accrue <br /> by virtue of any (i) flowage or trespass with water within terms of these agreements or <br /> (ii) the maintenance,repair or replacement of said bridge referenced in Section 3 hereof and <br /> any path, if any, created by virtue of Section 1(H) above, which was specifically performed <br /> by Grantor or its assigns. <br /> In addition to any other remedy the Grantee may have, the covenants and restrictions <br /> contained herein may be enforced by injunction. <br /> Grantor does not intend that the public should have any interest in the above Land by <br /> virtue of this indenture or otherwise, except as hereinabove set forth. <br /> The Grantors herein certifies that the Land herein described are free and clear of all <br /> encumbrances except: <br /> a. A mortgage which was made by Creekside in Orono, LLC, as borrower, to <br /> Construction Mortgage Investors Co., as lender, which was dated October <br /> 21,2004 and recorded October 28, 2004 as Document No. 4035050. <br /> 2 <br />
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