10-10-2016 Council Packet - Laserfiche WebLink

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Block 1, Tanager Estates, shall also be subject to a private utility easement in favor of said Lot 4.) 1.2 Flowage and Conservation Easement. Developer hereby grants to the City a permanent easement for wetland flowage and conservation purposes, with right and privilege to trespass with water, over, under, on and across those portions of the Property shown on the Plat as Wet Lands ("Wetlands"), on the terms set forth below. Unless permitted by the Minnesota Wetland Conservation Act and otherwise approved by the City in writing, the following activities shall be prohibited in the Wetlands: (i) constructing, installing or maintaining any building, structure, walkway, fence, retaining wall, fireplace, playground equipment, road, hardcover, underground utility lines or distribution equipment, light pole, mailbox or traffic signal or regulatory sign, except (A) feeders, bird houses and other devices intended to foster wildlife, and (B) retaining walls, docks and boardwalks allowed by City ordinance and subject to a valid City permit; (ii) cutting, mowing or removing shrubs or other vegetation, and cutting, destroying or removing trees greater than four inches in diameter, except (A) to control tree disease or to remove brush, diseased or dead trees of any size and any buckthorn and noxious weeds, (B) pursuant to an approved vegetation management plan or pursuant to direction by or special permit from a governmental agency, and (C) in order to maintain, repair or reconstruct any stormwater pond or facilities; (iii) excavation, filling or material alteration of grade, size, depth or contour, and dredging, mining or removal of earth, loam, peat, gravel, soil or other natural material, except in order to maintain, repair or reconstruct any stormwater pond or facilities; (iv) free roaming of any domestic animal; (v) deposit of water, yard waste or debris; (vi) activity detrimental to the screening of neighboring properties; (vi) application of natural or chemical fertilizer; (vii) application of chemicals to destroy or retard vegetation; (viii) 216542.DOC-5 10/5/2016 3 Error! Unknown document property name.