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<br /> � 44d50�6
<br /> FLOWAGE AND CONSERVATION EASEMENT ACREEMENT
<br /> AND WAIVER OF DAMACES
<br /> �j D� �v� Jr�vY?c� W l S� �
<br /> THIS 1NDENTURE,made anci entered into this Z �d day of March,2005, by and between �j;:
<br /> Creekside in Orono, LLC,a Minnesota ]imited liability company and its successors and assigns �'l
<br /> (hereinafter collectively referred to as the"Grantor")and the City of Orono�its successors and �
<br /> assigns,a municipal corporation under the laws of the State ofMinnesota(hereinafter reE'erred lo �
<br /> as the"Grantee".)
<br /> WITN�SSBTH, Grantor, for and in consideration of the sum of One Dollar($1.00)and cther
<br /> valuable consideration,hereby covenant, grant, gift,quit claim and convey to Grantee the right to
<br /> restrict and Grantor agrees to limit and preclude the use,improvement and development,under
<br /> the conditions and covenants herein contained,the following described Land in the County of
<br /> Hennepin and Siate of Minnesoia:
<br /> See attached Exhibit A which is made a part of this doeument
<br /> as follows; .
<br /> 1. Grantor(s)hereby covenant(s)and agree(s):
<br /> A. No structures shall be constructed,erected,or placed upon,above,or beneath the
<br /> Land including without limitation, fences,fireplaces,steps,docks,piers,
<br /> hardcover or roads of any nature whatsoever,or aziy oiher structure or
<br /> � improvement inconsistent with the natural state of the Land.
<br /> B, No domestic animals,including but not limited to horses,sheep,chickens,etc,shall ;
<br /> be atlowed on the Land. �
<br /> C. No trees, shrubs or other vegetation shall be destroyed,cut or removed from the
<br /> Land except as authorized by written consent of Grantee.
<br /> D. No earth, loam,peat,gravel,soil or any other natural material or substance shal!
<br /> be moved or removed from the Land and there shall be no dredging or excavation
<br /> of any nature whatsoever or any change of the topography of the Land without the
<br /> �vritten consent of Grantee.
<br /> E. No soil, sand, gravel or other substance or materia] as landfill shaU be placed,
<br /> dumped or stored upon the Land and no waste, trash or garbage shall be placed,
<br /> dumpcd or stored upon the I.and.
<br /> F. No use shall be made of the Land except uses, i f any,which will not change or
<br /> alter the natural condition of the Land,and no use which would tend to change the
<br /> drainage, flood control,water conservation,erosion control,soil conservation,
<br /> fish and�vildlife habitat characteristics shall be made of the I.and or the water
<br /> situated thereon.
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