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FLOWAGE AND CONSERVATION EASEIV1LNT AGREEMENT <br />AND WAIVER OF DAMAGES <br />TJ US INDENTURE, inade tuid entered into this day of 19 b <br />and between QohLand Development, Inc:, a Minnesota corporatinn y <br />assigns, and successors IhereinaRer collectively referred to as Elie Grantor's)] aE <br />its successors and assigns, a nnuiicipai corporation under the laws of the <br />(hereinafter referred to as the Gnuitee.) <br />and its Heirs, <br />d the City of Orono, <br />State of Minnesota <br />WITNLSSLT'I I, Grantor(s), for and iii consideration of (lie sum of One Dollar ($1.00) and <br />other valuable consideration, hereby coveiiaii(, grant, gift, quit claim and convey to grantee die right <br />to restrict and gran(or(s) agree to limit and preclude the use, iniprovenient and developnient, under <br />the conditions and covenants herein contained, [lie following described Laud in the County of <br />Ileruiepiu and Stale of Minnesota: <br />over the wetland and stormwater management pond as depicted on the plat of <br />CARRIAGE' HILL <br />as follows: <br />1. Grantor(s) hereby covenant(s) and agret <br />A. No Structures sliall be constructed, erected, or placed upon, above, or beneath <br />the Land including without limitation, fences, fireplaces, steps, docks, biers, <br />Hardcover or roads of any nature whatsoever, or any other structure or <br />iitiprovenicnt inconsistent with the natural state of the land. <br />B. No trees, shrubs or other vegetation shall be destroyed, cut or removed from <br />the Ladd except as authorized by written consent of Grantee. <br />C. No earth, loani, peat, gravel, soil or any oilier natural material or substance <br />shall be nioved or renioved froin the Land and, there shall be no dredging or <br />excavation of any nature whatsoever or any change of lice topography of the <br />Laird without the written consent of Grantee. <br />D. No soil, sand, gravel or oilier substance or inaterial as landfill shall be placed, <br />duniped or stored upon the Land and no waste, trash or garbage shall be <br />placed, dumped or stored upon the Land. <br />Pagel of 3 <br />