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<br /> FLOWAGE AND CONSERVATION EASEMENT AGREEMENT
<br /> AND WAIVER OF DAMAGES
<br /> THIS INDENTURE, made and entered into this�_day of January, 2005, by and between
<br /> Creekside in Orono, LLC, a Minnesota limited liability company and its successors and assi�ns
<br /> (hereinafter collectively referred to as the "Grantor") and the City of Orono, its successors and
<br /> assigns, a municipal corporation under the laws of the State of Minnesota(hereinafter referred to
<br /> as the "Grantee".)
<br /> WITNESSETH, Grantor, for and in consideration of the sum of One Dollar ($1.00) and other
<br /> valuable consideration, hereby covenant, grant, gift, quit claim and convey to Grantee the right to
<br /> restrict and Grantor agrees to limit and preclude the use, improvement and development, under
<br /> the conditions and covenants herein contained, the following described Land in the County of
<br /> Hennepin and State of Minnesota:
<br /> See attached Exhibit A which is made a part of this document
<br /> as follows:
<br /> 1. Grantor(s) hereby covenant(s) and agree(s):
<br /> A. No structures shall be constructed, erected, or placed upon, above, or beneath the
<br /> Land including without limitation, fences, fireplaces, steps, docks, piers,
<br /> hardcover ar roads of any nature whatsoever, or any other structure or
<br /> improvement inconsistent with the natural state of the Land.
<br /> B. No domestic animals, including but not limited to horses, sheep, chickens, etc. shall
<br /> be allowed on the Land.
<br /> C. No trees, shrubs or other vegetation shall be destroyed, cut or removed from the
<br /> Land except as authorized by written consent of Grantee.
<br /> D. No earth, loam, peat, gravel, soil or any other natural material or substance sha11
<br /> be moved or removed from the Land and there shall be no dredging or excavation
<br /> of any nature whatsoever or any change of the topography of the Land without the
<br /> written consent of Grantee.
<br /> E. No soil, sand, gravel or other substance or material as landfill shall be placed,
<br /> dumped or stored upon the Land and no waste, trash or garbage shall be placed,
<br /> dumped or stored upon the Land.
<br /> F. No use shall be made of the Land except uses, if any, which will not change or
<br /> alter the natural condition of the Land, and no use which would tend to change the
<br /> drainage, flood control, water conservation, erosion control, soil conservation,
<br /> fish and wildlife habitat characteristics shall be made of the Land or the water
<br /> situated thereon.
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