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, , <br /> DECLARATION <br /> THIS DECLARATION ("Declaration') is made this 6� day of December <br /> 2006,by Loren Fritz and Marlene Fritz, [husband and wife] ("Declarant"). <br /> RECITALS <br /> WHEREAS, Declarant is the owner of real property within the City of <br /> Orono,Hennepin County, Minnesota, platted and legally described as: <br /> Block 1, Lots 1,2,3,4 &5 and Outlots A& B,Sherri Lakeview Estates <br /> (the "Property") and no one other than Declarant, [name additional parties <br /> executing declaration of Consent and Subordination],has any right,title or <br /> interest in the Property. <br /> NOW,THEREFORE,Declarant makes this Declaration and hereby <br /> declares that this Declaration shall constitute convenants to run with the <br /> Property in perpetuity, and further declares that the Property shall be owned, <br /> used, occupied, and conveyed subject to the convenants,restrictions, easements, <br /> charges and liens set forth in this Declaration,all of which shall be binding on all <br /> persons owning or acquiring any right,title or interest in the Property, and their <br /> heirs, successors, personal representatives, and assigns. <br /> Maintenance of Rain Gardens. <br /> 1. The rain gardens identified on the site plan for the Property <br /> attached hereto and incorporated herein as Appendix A, shall be maintained by <br /> Declarant and in perpetuity free from mowing or other vegetative disturbance, <br /> fertilizer application,yard or other waste disposal,the placement of structures <br /> or any other alteration that impedes the function of the rain garden in protecting <br /> the quality of water or flows downstream. <br />