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IM004 POO AMENDING&SUPERSEDING DECLARATION f6% This Amending and Superseding Declaration(Declaration)is made this /C� day of Febraar� , 2014,by Dion and Tanya Buhman,a married couple(Declarant),in favor of the Minnehaha Creek Watershed District,a special purpose unit of government created under Minnesota Statutes chapters 103B and 103D. RECITALS WHEREAS Declarant is the owner of real property within the City of Orono,Hennepin County, Minnesota,platted and legally described as: PID:26-118-23-32-0012 Municipality:ORONO Addition Name:TANGLEWOOD Lot:003 Block:001 (the Property)and no one other than Declarant has any right,title or interest in the Property;and WHEREAS the Property constitutes the entirety of the land to which Minnehaha Creek Watershed District (District)Permit#13-302 applies; WHEREAS Declarant desires to subject the Property to certain conditions and restrictions imposed by the District as a condition to issuance of its permit#13-302 for the benefit of the owners of the Property and the District;and WHEREAS Declarant and the District intend that this Declaration amend and supersede the declaration certified,filed and recorded on the Property in the Office of the Registrar of Titles,Hennepin County,Minnesota,on January 2,2014,as document number T05143042; NOW THEREFORE Declarant makes this Declaration and hereby declares that this Declaration shall constitute covenants to run with the Property in perpetuity;and further declares that the Property shall be owned, used,occupied,and conveyed subject to the covenants,restrictions,easements,charges and liens set forth in this Declaration,all of which shall be binding on all persons owning or acquiring any right,title or interest in the Property,and their heirs,successors,personal representatives,and assigns; AND FURTHER that the covenants herein are established for the benefit of the District as a public body and for the benefit of appurtenant public resources,and are not intended as"private covenants,conditions or restrictions"within the meaning of Minnesota Statutes section 500.20. 1. Wetland buffer.A vegetated wetland buffer,as delineated on the scaled site plan for the Property, attached hereto and incorporated herein as Exhibit A,will be established and maintained in perpetuity in accordance with the following terms: a. Buffer vegetation will not be cultivated,cropped,pastured,mowed,fertilized,subject to the placement of mulch or yard waste,or otherwise disturbed,except for periodic cutting or burning that promotes the health of the buffer,actions to address disease or invasive species,mowing for purposes of public safety,temporary disturbance for placement or repair of buried utilities,or other actions to maintain or improve buffer quality,each as approved by MCWD staff in writing.Pesticides and herbicides may be used in accordance with Minnesota Department of Agriculture rules and guidelines.No new structure or hard surface will be placed within a buffer,except that construction of a trail or path of no more than 4 feet in width to provide riparian j i I