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3.5 Easements to Retention Pond. In addition to the rights granted pursuant to Section 3.1
<br />above, all Owners that own any portion of the Retention Pond or that own land that lies
<br />between an Owner's Lot and the Retention Pond or between the Roadway and the
<br />Retention Pond hereby grant to the other Owners the right to drain over such Owner's
<br />Lot or the Roadway into the Retention Pond any storm water or runoff that may from
<br />time to time collect on an Owner's Lot, and hereby grant such Owners and the
<br />Association with an casement right over those portions of the Owner's Lot that are
<br />needed to drain into the Retention Pond from such Owner's Lot or from the Roadway.
<br />An Owner may redirect the flow of overland water that runs over such Owner's Lot as
<br />such Owner sees fit so long as such redirection does not hinder or prevent the flow of
<br />water from another Owner's Lot or the Roadway into the Retention Pond. The
<br />Association shall assume and agree to pay the total costs for maintaining, repairing,
<br />altering and reconstructing the Retention Pond, if any, and each Owner grants the
<br />Association with all easement rights that are needed in order for the Association or the
<br />City of Orono to maintain, repair, alter, reconstruct or replace the Retention Pond.
<br />3.6 Flowage and Conservation Easement. Declarant hereby grants to the City a permanent
<br />easement for wetland flowage and conservation purposes, with right and privilege to
<br />trespass with water, over, under, on and across those portions of the Property shown on
<br />the Plat as "WET LAND" OR "WETLAND" ("Wetlands"), on the terms set forth below.
<br />Unless permitted by the Minnesota Wetland Conservation Act and otherwise approved by
<br />the City in writing, the following activities shall be prohibited in the Wetlands: (i)
<br />constructing, installing or maintaining any building, structure, walkway, fence, retaining
<br />wall, fireplace, playground equipment, road, hardcover, underground utility lines or
<br />distribution equipment, light pole, mailbox or traffic signal or regulatory sign, except (A)
<br />feeders, bird houses and other devices intended to foster wildlife, and (B) retaining walls,
<br />docks and boardwalks allowed by City ordinance and subject to a valid City permit; (ii)
<br />cutting, mowing or removing shrubs or other vegetation, and cutting, destroying or
<br />removing trees greater than four inches in diameter, except (A) to control tree disease or
<br />to remove brush, diseased or dead trees of any size and any buckthorn and noxious
<br />weeds, (B) pursuant to an approved vegetation management plan or pursuant to direction
<br />by or special permit from a governmental agency, and (C) in order to maintain, repair or
<br />reconstruct any stormwater pond or facilities; (iii) excavation, filling or material
<br />alteration of grade, size, depth or contour, and dredging, mining or removal of earth,
<br />loam, peat, gravel, soil or other natural material, except in order to maintain, repair or
<br />reconstruct any stormwater pond or facilities; (iv) free roaming of any domestic animal;
<br />(v) deposit of water, yard waste or debris; (vi) activity detrimental to the screening of
<br />neighboring properties; (vi) application of natural or chemical fertilizer; (vii) application
<br />of chemicals to destroy or retard vegetation; (viii) application of herbicide, pesticide or
<br />insecticide, except for noxious weed control by or as directed by a governmental agency;
<br />(ix) outside storage of any kind; and (x) activities detrimental to the preservation of the
<br />scenic beauty of, and vegetation and wildlife in, the Wetlands. The City also shall have
<br />the right to enter onto the Wetlands at any time to preserve, improve, and enhance the
<br />slope, trees, vegetation, and natural habitat by altering, clearing, and removing trees or
<br />other vegetation, by changing the contour of the land, and by planting trees or other
<br />vegetation, and to enforce compliance with the provisions of this Section. Declarant
<br />hereby remises, releases, acquits and forever discharges, forever, the City and any and all
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