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i <br /> 4136388 <br /> FLOWAGE AND CONSERVATION EASEMENT AGREEMENT <br /> AND WAIVER OF DAMAGES <br /> THIS INDENTURE, made and entered into this i g day of av Zai S r <br /> 2984, by and between Bobbie D. Morlock and Nita D. Morlock,husband and wife, and <br /> its heirs, assigns, and successors (hereinafter collectively referred to as the Grantor)and C: <br /> the City of Orono, its successors and assigns, a municipal corporation under the laws of <br /> the State of Minnesota(hereinafter referred to as the Grantee.) <br /> WITNESSETH, Grantor, for and in consideration of the sum of One Dollar <br /> ($1.00) and other valuable consideration, hereby covenant, grant, gift, quit claim and <br /> convey to grantee the right to restrict and grantor(s) agree to limit and preclude the use, <br /> improvement and development,under the conditions and covenants herein contained,the <br /> following described Land in the County of Hennepin and State of Minnesota: <br /> See attached Exhibits A and Al <br /> i <br /> (hereinafter referred to as the"Easement Area'). <br /> 1. Grantor hereby covenants and agrees: <br /> Aw MN TAXES RAID A. No structures shall be constructed, erected, or placed upon, above, <br /> TAXPAYER SERViCES or beneath the Easement Area including without limitation,fences, <br /> TRANSFER ENTERED fireplaces, steps, docks, piers, hardcover or roads of any nature <br /> whatsoever, or any other structure or improvement inconsistent <br /> JUL 14 2005 with the natural state of the land. <br /> B. No trees, shrubs or other vegetation shall be destroyed, cut or <br /> NN INCOUNTY MINN. removed from the Easement Area except as authorized by written <br /> DEPUTY consent of Grantee. <br /> C. No earth, loam, peat, gravel, soil or any other natural material or <br /> substance shall be moved or removed from the Easement Area and <br /> there shall be no excavation of any nature whatsoever or any <br /> change of the topography of the Easement Area without the written <br /> consent of Grantee. <br /> D. No soil,sand,gravel or other substance or material as landfill shall <br /> be placed,dumped or stored upon the Easement Area and no waste, <br /> trash or garbage shall be placed, dumped or stored upon the <br /> Easement Area. <br /> E. No use shall be made of the Easement Area except uses, if any, <br /> which will not change or alter the natural condition of the <br /> Easement Area, and no use which would tend to change the <br />