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. } � 5. That the above mentioned dedication shall consist of the e.cecution of this document by all parties necessary to restrict the use and title of the easements as defined in tl�e attached Esl�ibit A; and that this document shall be recorded in the Office of the County Recorder for Hennepin County, Minnesota. G. Tl�at a permit to develop the wetland above described would not I�ave been granted but for the dedication of the easements as contained on E:cl�ibit 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 En�ineer 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 undersi�ned applicant; and that said permit shall be issued in consideration for the execution of this Covenant. 7. Tliat the ierms and conditions of tliis Covenant of Dedicacion shall, as of tiie date of execution of this document, bind the undersigned to the extent or their le�al and/or equitable interest in the property described in Exhibit A; and that this Covenant shall cun with the land and be binding on the undersigned and their heirs and assigns forever. s. That the terms and conditions of this Covenant shalI be both implicitly and expiicitl}• incIuded in any transfer, conveyance, or encumbrance of the property described in Exhibic � 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 r'uil text. DEED AND USE RESTRICTIONS � Tlie undersigned, Coffin Corners Partnership warrants that it is the Contract for Deed �'endor as recited above and Orono Limited Partnership hereby warrants that they are :he Otivner in fee and Contract for Deed Vendees as recited above of the realty descr;oed as Eshibit A; and that the easements recited in Lxliibit r� are hereby dedicated in pe;pe:uit}• for use as a conservancy area. The undersigned 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 dredged or fil! material will be placed in the easement area of E:chibit A esce�t as provided pursuant to permit number 94-02434 NW 71y, 33 CFR 330 - App. A. Natiom��ide permit numb�r(26). =' No commercial, industrial, agricultural or residential 'developments, structures or buildings shall be allowed or permitted in the easement area of E;chibit A. ['Z��c = ;�t��