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c , t . . � ` • 1 , 5. That the above mentioned dedication shall consist of the execution of this docucnent by all parties necessary to restrict the use and title of the easements as defined in tl�e attached Exliibit A; and that this document shall be recorded in the Office of tl�e County Recorder for Hennepin County, Minnesota. G. Tl�at a permit to develop the wetland above described would not l�ave been �ranted but for the dedication of the easements as contained on Eshibit A for use as conservancy area; and, that upon receipt of a certified copy of this document, as recorded in the Office of the County Recorder for Hennepin County, Minnesota, the District Engineer of the St. Paul District of the U.S. Army Corps of Engineers will issue a validated permit, number 94-02434 NW JJY, 33 CFR 330 - App. A. Nationwide permit number (2G), to the undersiSned applicant; and that said pecmit shall be issued in consideration for ttie execution of this Covenant. 7. Tl�at the terms and conditions of tliis Covenant of Bedication shall, as of tiie date of execution of this document, bind the undersigned to the extent or their lebal and/or equitable interest in the property described in Exhibit A; and that this Covenant shall nln with the land and be binding on the undersigned and their heirs and assi�ns forever. s. T}�at the terms and conditions of this Covenant shall be both implicitly and expiicitly incIuded in any transfer, conveyance, or encumbrance of the property described in Exhioi� � or any part thereof; and that any instrument of transfer, conveyance or encumorance affecting all or any part of the property described in Exhibit A shall set forth the ;erms and conditions of this document either by reference to this document or set forth in �uil text. DEED AND USE RESTRICTIONS � Ttie undersigned, Coffin Corners Partnership warrants that it is the Contract for Deea �'eador as recited above and Orono Limited Partnership hereby warrants that they are ;he Owner in fee and Contract for Deed Vendees as recited above of the realty descrioed as Exfiibit A; and that the easements recited in Exhibit r� are liereby dedicated in pe:pe:;:it}• for use as a conservancy area. The undersi�ned Orono Limited Partnership and Coffin Corners Partnership hereby agree :o restrict tlie use and title of the easement area as recited in E.�chibit A as follows: 1. No dred�ed or fiil material will be placed in the easement area of E.�chibit A exce�t as �rovided pursuant to permit number 94-02434 NW JJy, 33 CFR 330 - App. A. Natiomvide permit numb�r(26). '' No commercial, industrial, agricultural or residential developments, structures or buildings shall be allowed or permitted in the easement area of Exhibit A. �'z��r , ;,t��