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FLOWAGE AND CONSERVATION EASEMENT AGREEMENT <br /> AND WAIVER OF DAMAGES <br /> THIS INDENTURE,made and entered into this day of ,20 ,by <br /> and between , and its heirs, <br /> assigns, and successors [hereinafter collectively referred to as the Grantor(s)] and the City of Orono, <br /> its successors and assigns, a municipal corporation under the laws of the State of Minnesota <br /> (hereinafter referred to as the Grantee.) <br /> WITNESSETH, Grantor(s), for and in consideration of the sum of One Dollar($1.00) and <br /> other valuable consideration,hereby covenant,grant,gift,quit claim and convey to Grantee the right <br /> to restrict and Grantor(s)agree 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 State of Minnesota: <br /> The"Utility and drainage easement"depicted within Lot 1,Block 2,Ringerswood on the plat of <br /> Ringerswood, Hennepin County, Minnesota (see Exhibit A attached); <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 <br /> the Land including without limitation,fences, fireplaces, steps,docks,piers, <br /> hardcover or roads of any nature whatsoever, or any other structure or <br /> improvement inconsistent with the natural state of the land. <br /> B. No trees, shrubs or other vegetation shall be destroyed,cut or removed from <br /> the Land except as authorized by written consent of Grantee. <br /> C. No earth, loam, peat, gravel, soil or any other natural material or substance <br /> shall be moved or removed from the Land and there shall be no dredging or <br /> excavation of any nature whatsoever or any change of the topography of the <br /> Land without the written consent of Grantee. <br /> D. No soil,sand,gravel or other substance or material as landfill shall be placed, <br /> dumped or stored upon the Land and no waste, trash or garbage shall be <br /> placed, dumped or stored upon the Land. <br /> E. No use shall be made of the Land except uses, if any,which will not change <br /> or alter the natural condition of the Land, and no use which would tend to <br /> change the drainage, flood control, water conservation, erosion control, soil <br /> conservation, fish and wildlife habitat characteristics shall be made of the <br /> Land or the water situated thereon. <br /> Page 1 of 3 <br />