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INITIAL DRAFT LANGUAGE FOR OLIVER HILL - For Discussion Onlv <br /> Flowage and Conservation Easement. Declarant, for and in consideration of the sum of One <br /> Dollar ($1.00) and other valuable consideration, does hereby covenant, grant, gift, quit claim <br /> and convey to the City the right to restrict and Declarant agrees to limit and preclude the use, <br /> improvement and development, under the conditions and covenants herein contained, that part of <br /> the Property legally described on Exhibit B attached hereto (the "Flowage and Conservation <br /> Easement Area") as follows: <br /> (A) Declarant hereby covenants and agrees: <br /> (1) No structures shall be constructed, erected, or placed upon, above, or <br /> beneath the Flowage and Conservation Easement Area including without limitation, <br /> fences, fireplaces, steps, docks, piers, hardcover or roads of any nature whatsoever, or <br /> any other structure or improvement inconsistent with the natural state of said Flowage <br /> and Conservation Easement Area. <br /> (2) No trees, shrubs or other vegetation shall be destroyed, cut or removed <br /> from the Flowage and Conservation Easement Area except as authorized by written <br /> consent of the City. <br /> (3) No earth, loam, peat, gravel, soil or any other natural material or <br /> substance shall be moved or removed from the Flowage and Conservation Easement <br /> Area and there shall be no dredging or excavation of any nature whatsoever or any <br /> change of the topography of the Flowage and Conservation Easement Area without the <br /> written consent of the City. <br /> (4) No soil, sand, gravel or other substance or material as landfill shall be <br /> placed, dumped or stored upon the Flowage and Conservation Easement Area and no <br /> waste, trash or garbage shall be placed, dumped or stored upon the Flowage and <br /> Conservation Easement Area. <br /> (5) No use shall be made of the Flowage and Conservation Easement Area <br /> except uses, if any, which will not change or alter the natural condition of the Flowage <br /> and Conservation Easement Area, and no use which would tend to change the drainage, <br /> flood control, water conservation, erosion control, soil conservation, fish and wildlife <br /> habitat characteristics shall be made of the Flowage and Conservation Easement Area <br /> or the water situated thereon. <br /> (6) City may enter upon the Flowage and Conservation Easement Area for <br /> the purposes of inspection and enforcement of the covenants contained herein and to <br /> cause to be removed from the Flowage and Conservation Easement Area without any <br /> liability any structures, uses, materials, substances, or unnatural matter inconsistent <br /> with the covenants contained herein and the natural state of the Flowage and <br /> Conservation Easement Area. <br /> (B) Declarant does hereby grant, gift, quit claim and convey to the City, a perpetual <br /> flowage easement and right and privilege to trespass with water over and upon any or <br /> all of the Flowage and Conservation Easement Area. <br /> �'f C � o'E Z- <br />