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DRAINAGE EASE14ENT <br />THIS INDENTURE, made this ;L day of , 19&01 <br />between E]cw,*,4b J. * GEUA ✓. 7o'7'41 of the <br />County of Hennepin and the State of Minnesota, on behalf of <br />themselves, their heirs, successors and assigns, (hereinafter referred <br />to as Owner), and the City of Orono, a municipal corporation under the <br />laws of the State of Minnesota (hereinafter referred to as City). <br />W I T N E S S E T H: <br />Owner, in consideration of the sum of One Dolla_ ($1.00) and <br />other good and valuable consideration to Owner in hand paid by the <br />City, the receipt and sufficiency whereof is nereby acknowledged, does <br />grant, bargain, quit claim and convey unto the City, forever, the <br />following perpetual drainage easement over and under and across <br />property located in the County of Hennepin and the State of Minnesota, <br />and legally described in Exhibit A attached hereto, (hereinafter <br />described as Land): <br />Said easement Includes the free right of the City or its <br />agents to enter upon, under and over said Land, to remove trees, <br />brush, grass and dirt and other structures therefrom and to construct, <br />maintain, repair, reconstruct and use drainageways and other <br />improvements related thereto, and to enter upon said easement for the <br />purpose of inspecting, repairing, rimoving and reconstrrcting such <br />facilities. The City shall return the area it disturbs to grade and <br />seed the same and replace the surface soil with the original type <br />material. <br />The Owne. agrees to the following: <br />A. No trees, shrubs or other vegetation shall be destroyed, <br />cut or removed from the Land except as authorized by written <br />consent of City. <br />B. No earth, loam, peat, gravel, soil or any other natural <br />material or substance shall be moved or removed from the <br />Land and there shall be no dredging or excavation of any <br />nature whatsoever or any change of the topography of the <br />Land without the written consent of City. <br />C. No soil, sand, gravel, or other substance or material as <br />landfill shall he placed, dumped or stored upon the Land and <br />no waste, trasY garbage shall be placed, dumped or stored <br />upon the Land. <br />D. No use shall be made of the Land except uses, if any, <br />whicn will not change or alter the natural condition of the <br />Land, and no use which would tend to change the drainage, <br />flood control, water conservation, erosi ,n control, soil <br />conservation, fish and wildlife nabita characteristics <br />shall be made of the Land or the water situated thereon. <br />Page 1 of 2 <br />