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i <br /> WBEREAS,the Declarant desires to subject the Property to certain conditions and restrictions <br /> imposed by the MCWD as a condition to issuance of Permit#14332 for the mutual benefit of the <br /> MCWD and the owners of the Property. <br /> NOW,THEREFORE,Declarant makes this Declaration and hereby declares that this <br /> Declaration shall constitute covenants to run with the Property in perpetuity, and further declares that the <br /> Property shall be owned,used,occupied and conveyed subject to the covenants,restrictions,easements, <br /> charges and liens set forth in this Declaration,all of which shall be binding on all persons owning or <br /> acquiring any right,title or interest in the Property,and their heirs,successors,personal representatives <br /> and assigns. All features requiring maintenance identified on the scaled site plan for the Property <br /> attached hereto and incorporated herein as Attachment A will be maintained in perpetuity in accordance <br /> as follows: <br /> 1. WATERBODY CROSSINGS&STRUCTURES <br /> i <br /> Crossings and structures in contact with the bed or bank of a waterbody will be inspected at least once a <br /> year and maintained in good repair in perpetuity to ensure continuing adequate hydraulic and <br /> navigational capacity is retained in accordance with approved plans,to ensure no net increase in the <br /> flood stage beyond that achieved by the approved plans,to prevent adverse effects on water quality, <br /> changes to the existing flowlinelgradient and increased scour,erosion or sedimentation, and to minimize <br /> the potential for obstruction of the waterbody. i <br /> R <br /> 1. Violation. Both the Declarant and a subsequent property owner are liable to the MCWD for <br /> performance under this Declaration,and the MCWD may seek any remedy in law or equity against <br /> the Declarant as long as the declarant owns the Property and thereafter against the property owner to <br /> enforce the Declaration. <br /> i <br /> 2. "Property owner"as used in this Declaration means the owner of the property on which is located <br /> the facilities to which the obligations herein apply. <br /> i <br /> 3. Recitals. The recitals set forth above are expressly incorporated herein. <br /> i <br /> w <br /> i <br /> i <br /> i <br /> i <br />