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Home My WebLink Aboutflowage/conservation easement w .. FLOWAGE AND CONSERVATION EASEMENT AND WAIVER OF DAMAGES � THIS INDENTURE,made and entered into this�day of November, 1997,by and between William and Barbara Pearce,husband and wife, and their heirs,assigns and successors (hereafter collectively refened to as the"Grantors")and the City of Orono, a municipal corporation under the laws of the State of Minnesota, and its successors and assigns (hereafter referred to as the"Grantee"). WITNESSETH, Grantors, for and in consideration of the sum of One Dollar($1.00) and other valuable consideration,hereby covenant, grant,gift, quit claim and convey to Grantee the right to restrict, and Grantors agree to limit and preclude the use, improvement and development, under the conditions and covenants herein contained,the following described Land in the County of Hennepin and State of Minnesota: ' That part of Lot 1,AUDITOR'S SUBDIVISION NO. 291, lying within the West Half of the Southwest quarter of Section 26, Township 118,Range 23, and that part of Government Lot 1 of said Section 26, lying east of the plats of ALBEE'S LONG LAKE ADDITION and JOHNSTON'S REARRANGEMENT OF ALBEE'S LONG LAKE ADDITION, according to the recorded plats thereof and which lies north of the westerly extension of the north line of Lot 2 of said AUDITORS SUBDIVISION NO. 291, described as follows: Beginning at the intersection of the east line of said ALBEE'S LONG LAKE ADDITION with the southerly right of way line of Hennepin County State Aid Highway No. 6, Plat 5; thence on an assumed bearing of South 1 degree 03 minutes 07 seconds West, along the east line of said ALBEE'S LONG LAKE ADDITION, 210.80 feet, more or less,to a point 160.50 feet north of the northeast corner of Lot 2, of said JOHNSTON'S REARRANGEMENT OF ALBEE'S LONG LAKE ADDITION;thence South 29 , degrees O1 minute 33 seconds East, 279.00 feet;thence South 57 degrees 09 minutes 13 seconds East, 99.00 feet;thence South 71 degrees 13 minutes 33 seconds East, 72.80 feet;thence North 15 degrees 58 minutes 57 seconds East, 318.90 feet;thence North 39 degrees 03 minutes 03 seconds West, 50.40 feet;thence North 7 degrees 29 minutes 03 seconds West, 112.20 feet;thence North 18 degrees 55 minutes 37 seconds East, 61.90 feet; thence North 47 degrees 55 minutes 57 seconds East, 53.70 feet; thence North 11 degrees 28 minutes 53 seconds West,25.59 feet to the southerly right of way line of said Highway No. 6;thence westerly, southeasterly, southwesterly, northwesterly, and westerly along said southerly right of way line to the point of beginning. . c:�wavnowsrn�nsEMExr.noc�� 1 as follows: 1. Grantors hereby covenant and agree that: A. No structures shall be constructed, erected, or placed upon,above, or beneath the Land, including withaut limitation, fences, fireplaces, steps, decks,piers,hardcover or roads of any nature whatsoever, ar any other structural or improvement inconsistent with the natural state of the Land, except as contemplated or as specifically set forth in or as is otherwise necessary to accomplish the intention of the parties to that certain Easement Agreement dated February 8, 1996 (the"Easement Agreement")by and between Grantors and the Minnehaha Creek Watershed District(the "MCWD"),which Easement Agreement is attached hereto as Exhibit 1 and incorporated herein. � B. No trees, shrubs, or other vegetation sha11 be destroyed, cut or removed from the Land except as authorized by written consent of Grantee, and except as contemplated or specifically set forth in or as is otherwise necessary to accomplish the intentions of the parties to,the Easement Agreement. C. No earth, loam,peat, gravel, soil or any other natural material or substance shall be moved or removed from the Land and there shall be no dredging or excavation of any nature whatsoever or any change of the topography of the Land without the written consent of Grantee, except as contemplated or specifically set forth in or as is otherwise necessary to accomplish the intentions of the parties to,the Easement Agreement. D. No soil, sand, gravel or other substance or material as landfill shall be placed, dumped or stored upon the Land and no waste,trash, or garbage shall be placed, dumped or stored upon the Land, except as contemplated or specifically set forth in or as is otherwise necessary to accomplish the intentions of the parties to,the Easement Agreement. E. No use shall be made of the Land except uses, if any,which will not change or alter the natural condition of the Land, and no use which would tend to change the drainage, flood control,water conservation, erosion coritrol, soil conservation, fish and wild life habitat characteristics shall be made of the Land or the water situated thereon, except as contemplated or specifically set forth in or as is otherwise necessary to accomplish the intentions of the parties to,the Easement Agreement. c:�wumows��nsE►�rrr.noc��„ 2 F. Grantee may enter upon the Land for the purposes of inspection and enforcement of the covenants contained herein and to cause to be removed � from the land without any liability any structures, uses, materials, substances, or unnatural matter inconsistent with the covenants contained herein in the natural state of the Land, except as contemplated or specifically set forth in or as is otherwise necessary to accomplish the intentions of the parties to,the Easement Agreement. 2. Grantors hereby grant, gift, quit claim and convey to Grantee, a perpetual flowage easement and right and privilege to trespass with water over and upon any or all the Land, except to the extent the same is inconsistent with the terms and conditions specifically set forth in or the intention of the Parties to the Easement Agreement. 3. To the extent that there is any conflict between the terms, conditions, covenants and agreements set forth herein and in the Easement Agreement,the terms, conditions, covenants and agreements set forth in the Easement Agreement shall control. 4. Grantors herein do hereby remiss,release, acquit and forever dischazge the Grantee and any and all of its officers and employees of and from any and all claims, demands or causes of action of any kind or nature whatsoever which may arise or accrue by virtue of any flowage or trespass with water within the terms of this agreement and which is not inconsistent with the terms of the Easement Agreement. In addition to any other remedy that Grantee may have,the covenants and restrictions contained herein may be enforced by injunction. Grantors do not intend that the public should have any interest in the above Land by virtue of this indenture or otherwise, except as set forth herein above and/or in the Easement Agreement. The Grantors herein certify that the Land herein described is free and clear of all encumbrances except those contained in the Easement Agreement and: c:�wu�mows��as�rrr.noc�� 3 All of the provisions hereof sha.11 run with the Land and shall extend to and bind the heirs, _ successors, representatives, grantees or assigns of the respective parties hereto. � GRANTORS L�cl��iyL(�Z �L-�'x��a�fiS�� ✓-x �4�� William Pearce Bazbara Pearce STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this�day of A� . , 19�,before me personally appeared w ii�i��ut pG�,u. and B�i,,� p{�,.w to me known to be the persons named as Grantors in and who signed the foregoing instrument, and.acknowledged that they executed the same as their free act and deed. . Notary Publ' � , MARY B.BEEMAN N07ARY PUSUC-6AINNESOTA - HENNEPIN COUNTY z : Alp Camml�afon Ezpiros Jen.31,2000 a y� ' C:\WAIDOWSITEMP�EASII�NT.DOCyrw 4 CITY OF ORONO = By Its C�j 6�i ��'�'� STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) \On this�day ofa,��19�before m personally appeared �N�J, n(dO,RSe to me known to be thc�trl �AItNtS7� f the City of Orono,the entity named as Grantee in and the individual who signed the foregoing instrument, and acknowledged that they executed the same as their free t and deed. � . ° " DOROTHY M.HALLIN ` • NOTARY PUBLIC-MINNE$pTA otary Public � "� - � HENNEPIN COUNTY •`� �`��••'°� My Commission T Expires Jan.31,2000 , .�;'.iY:•��.rf��. .F.'..�a . . .� . ' , . � THIS INSTRUMENT WAS DRAFTED BY: SMITH PARKER 123 North Third Street Suite 808 . Minneapolis,Minnesota 55401 c:�wuvnowsr�nseMExr.noc�� 5