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<br /> FL.OWAGE AND CONSERVATION EASEMENT ACREEMENT
<br /> AND WAIVER OF DAMAGES
<br /> �o� �� �r�,�� w�s;� �
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<br /> THIS INDENTURE,made and entered into this�day of March,2Q05, by and between �;.
<br /> Creekside in Orono, LLC,a Minnesota limited liability company and its successors and assigns �
<br /> (hereinafier collectively referred to as the"Grantor")and the City of Orono, its successors and �
<br /> assigns,a municipal corporatian under the laws of the State of Minnesota(hereinafter referred to �
<br /> as the"Grantee".)
<br /> WITI�BSSETH, Grantor, for and in consideration of the sum of One Dollar($1.00)and other
<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 covcnants herein contained,the fallowing described Land in the County of •
<br /> Hennepin and State of Minnesota:
<br /> See attached Exhibit A wbich is made a part of this document
<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 I
<br /> 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 domestic animals,including but not limited to horses,sheep,chickens,etc,shall
<br /> be allowed 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 /> written consent of Grantee.
<br /> E. No soil,sand,gravel or other subsiance or material as landfill shaU be placed,
<br /> dumped or stored upon the Land and no waste,trash or garbage shall be placed,
<br /> dumped or stored upon the Land.
<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 wildlife habitat characteristics shall be made ofthe Land or the water �
<br /> situated thereon.
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