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GRANT OF PERMANENT FLOWAGE AND <br /> CONSERVATION EASEMENT AND RESTRICTIVE COVENANT <br /> This Grant of Permanent Flowage and Conservation Easement and Restrictive Covenant <br /> (this "Agreement") is made this 21 day of ^U\ , 2020 by Daniel William Munsell and <br /> Kelly Rae Beyer Munsell, husband and wife ( ely referred to herein as "Grantor"), in <br /> favor of the City of Orono, a Minnesota municipal corporation (the "City") and is based on the <br /> following facts: <br /> A. Grantor has represented to the City that Grantor is the owner of fee title to real property <br /> legally described as Lot 1, Block 2, MOONEY LAKE PRESERVE, Hennepin County, <br /> Minnesota(the"Property"). <br /> B. The City has required, as a condition to construction of any buildings on the Property, the <br /> creation of two rain gardens on the Property and the execution and delivery of this <br /> Agreement. <br /> NOW, THEREFORE, in consideration of the facts stated above and for other good and <br /> valuable consideration,the receipt and sufficiency of which are hereby acknowledged by Grantor, <br /> Grantor hereby creates and grants unto the City a permanent easement for wetland flowage and <br /> conservation purposes over, under, on and across that part of the Property legally described on <br /> Exhibit "A," attached hereto and made a part hereof by this reference (the "Easement Area") on <br /> the terms and subject to the conditions set forth below. <br /> Grantor, on behalf of Grantor and Grantor's successors in title to the Property, hereby <br /> covenants and agrees as follows: <br /> 1. Title. Grantor hereby represents and warrants to the City that Grantor is the owner of fee <br /> title to the Property, free and clear of all liens and encumbrances except any liens or <br /> encumbrances the holders of which have joined in and consented to this Agreement. <br /> 1 <br /> 210644v1 <br />