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Nov 19. 2013 10:05RM Land TltIe, Inc, No. 8081 P. 33 (rasarved for reaordin,¢ information) GRANT OF PERMANENT FLOWAGE AND CONSERVATION EASEMENT AND RESTRICTIVE COVENANT FOR WETLAND AND WETLAND BUFFER AGREEMENT (the "Agreement") made effective this 14th day of November, 2013, by STEPHENSON HOLDINGS, INC., a Minnesota corporation ("Grantor"), in favor of the CITY OF ORONO, a Minnesota municipal corporation ("City") and the M MHAHA CREEK WATERSHED DISTRICT, a special purpose local unit of government with purposes and powers pursuant to Mivaesota Statutes Chapters 10313 and 103D ("MCWD"). WITNESSETH: The Grantor, in consideration of good and valuable consideration from the City and the MCWD, including issuance of MCWD Permit 413-375, the receipt and suifrcieucy of which is hereby acknowledged, hereby creates and grants unto the City and the MCWD a permanent easement as described herein for wetland flowage, conservation and buffer purposes over, under, on and across the following land within the City of Orono, County of Hennepin, State of Minnesota which is legally described on Exhibit "A" attached hereto (the "Easement Premises"). The Grantor, its successors and assigns, hereby covenants and agrees as follows: 1. Prohibited and Permitted Uses. That the following are prohibited in perpetuity within the Easement Premises, except by consent of the City and the MCWD: A. Constructinb, installing, or maintaining anything, including buildings, structures, walkways, fences, retaining walls, fireplaces, clothes line poles, playground equipment, roads, hardcover of any kind, underground utility lines and distribution equipment, light poles, traffic signals, traffic regulatory signs, mailboxes; except: I) feeders, bird houses, and other devices intended to foster wildlife are permitted; and 2) creation and maintenance of non -hardcover trail or walking paths of no more than four (4) feet in width are permitted. 172029v5(v6)