Flowage & Conservation Easement Agreement

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I ' 7030758 FLO WAGE AND CONSERVATION EASEMENT AGREEMENT AND WAIVER OF DAMAGES THIS INDENTURE, made and entered into this /Jl!!Jay of ,xp/emb-(}v , 19 99 , by and between Gary R. Valerius and Christine M. Valerius, * , and its heirs, assigns, and successors [hereinafter collectively refened to as the Grantor(s)] and the City of Orono, its successors and assigns, a municipal corporation under the laws of the State of Minnesota (hereinafter referred to as the Grantee.) *husband and wife WITNESSETH, Grantor(s), 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 grantor(s) 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: as follows: 1. The Drainage Easements as dedicated to the public in Lots 1 and 2, Block 1, VALERIUS ADDITION. Grantor(s) hereby covenant(s) and agree(s): A. No structures shall be constructed, erected, or placed upon, above, or beneath the Land including without limitation, fences, fireplaces, steps, docks~ piers, hardcover or roads of any nature whatsoever, or any other structure or improvement inconsistent with the natural state of the land. B. No trees, shrubs or other vegetation shall be destroyed, cut or removed from the Land except as authorized by written consent of Grantee. 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. 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. Page I of 3