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(reserved for recording information) GRANT OF PERMANENT FLOWAGE AND CONSERVATION EASEMENT AND RESTRICTIVE COVENANT FOR WETLAND AND WETLAND BUFFER INSTRUMENT made this day of , 2008, by and between Frances H. Graham and Robert J. Gumnit, husband and wife, the Grantors, and the CITY OF ORONO,a Minnesota municipal corporation("City"). WITNESSETH: The Grantors, in consideration of good and valuable consideration paid by the City, the receipt and sufficiency of which is hereby acknowledged, hereby create and grant unto the City a permanent flowage and conservation easement for the purposes set forth in this instrument, over, under, and across the wetland and wetland buffer as described in the legal description and site plan attached hereto as Exhibit A(the "easement premises"). The Grantors on behalf of themselves, their heirs, successors and assigns, hereby covenant and agree as follows: 1. That the following are prohibited in perpetuity within the wetland: A. Constructing, installing, or maintaining anything made by man, including but not limited to 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: 1) feeders, bird houses, and other devices intended to foster wildlife; and 2) docks or boardwalks when allowed by City ordinance and under a valid City permit. B. Cutting, mowing or removing shrubs or other vegetation, and cutting, destroying or removing trees greater than four inches in diameter, except for tree disease control by or as directed by a governmental agency. Grantors may remove brush, diseased or dead trees of any size, and noxious weeds. C. Excavation or filling or material alteration of grade, including changes to 125005 1