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FLOWAGB AND CONSBRVATION $ASffi�lT
AND WAIVBR OF DAIrlAGBS
THIS IND$NTIIR$, made and entered into this 2nd day of Dzcember
1991, by and between L nn D. Rood & Clair T. Rood, h�and and its heirs,
assigns, and successors hereinafter collective� rred to as the
Grantor(s) ] and the City of Orono, its successors and assigns, a municipal
corporation under the laws of the State of Minnesota (hereinafter referred
to as the Grantee).
WITN$SSBTH, Grantor(s) , for and in consideration of the sum of
One Dollar ($1,00) and other valuable consideration, hereby covenant,
grant, gif t, 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:
A f lowage and conservation easement over those parts of Lots 54,
55 and 56, "Wallaces Addition to the Village of Minnetonka Beach"
described as follows:
Commencing at the most easterly corner of said Lot 56;
thence on an assumed bearing of North 39 degrees 11 minutes
30 seconds West along the Northeasterly line of said Lot 56
a distance of 212 feet to the point of beginning of the
easement being described; thence South 13 degrees West 67
feet; thence South 38 degrees East 70 feet; thence South 17
degrees West 96 feet to "Point A": thence South 43 degrees
West 30 feet; thence South 88 degrees West 110 feet; thence
North 52 degrees West 97 feet; thence North 36 degrees West
125 feet; thence North 8 degrees West 65 feet; thence North
12 degrees East to the Northwesterly line of said Lot 56;
thence Northeasterly along said Northwesterly line to the
most Northerly corner of said Lot 56; thence South 39
degrees 11 minutes 30 seconds East along said Northeasterly
line to the point of beginning.
Also, over a strip of land 15 feet wide lying 7.5 feet on each
side of a line drawn f rom said "Point A" to a point on the
southeasterly line of said Lot 56 distant 120 feet Southwesterly
from said most Easterly corner of Lot 56.
as follows:
1. Grantor(s) hereby covenant 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.
.1
� C. No earth, loam, peat, gravel , soil or any other natural
material or substance sha11 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
landfil 1 shal 1 be placed, dumped or stored upon the Land and no
waste, trash or garbage shall be placed, dumped or stored upon
the Land.
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, f lood control ,
water conservation, erosion control, soil conservation, fish and
wildlife habitat characteristics shall be made of the Land or the
water situated thereon.
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 and the natural
state of the Land.
2. Grantor(s) hereby grant, gift, quit claim and convey to Grantee a
perpetual f lowage easement and right and privilege to trespass with
water over and upon any or all of the Land.
3. Grantor(s) herein do hereby remiss, release, acquit and forever
discharge, forever, 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 f lowage or trespass with water within terms of these agree-
ments.
In addition to any other remedy the Grantee may have, the
covenants and restrictions contained herein may be enforced by injunction.
Grantor(s) do not intend that the public should have any interest
in the above land by virtue of this indenture or otherwise, except as
hereinabove set forth.
The Grantor(s) herein certify that the land herein described are
free and clear of al 1 encumbrances except:
All provisions hereof shall run with the land and shall extend to
and bind the heirs, successors, representatives, grantees or assigns of the
respective parties hereto.
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STATE OF MINNESOTA )
) ss .
COUNTY OF HENNEPIN )
On this '�i nd day of L7ecem ber , 19 q � , before me personally
appeared Lvnn 1> >RQo� � eiu:� -r,K�ood hu.sba,nd � W� e to me known to
be tYie person(s) described in and who signed the foregoing
instrument, and acknowledge that they ezecuted same as their free
act and deed.
LINDA S. VEE ����
NO HENNEPIN COUNTY A �
My commission exPtres 8-12�6 NOTA PUBLIC
STATE DEED TAX DUE HEREON:
This Instrument was drafted by:
POPHAM, HAIK, SCHNOBRICH & KAUFMAN, LTD.
3300 Piper Jaffray Tower
Minneapolis , MN 55402
(612) 333-4800
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ZPLV783 (2)
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