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minutes 06 seconds West a distance of 115.50 feet to the North line of Lot 2 and there <br /> terminating. <br /> (Certificate of Title No. 1484877) (the "Property"); and <br /> WHEREAS, the Declarant, is the sole owner of the Property; and <br /> WHEREAS, the Property constitutes the entirety of the land to which MCWD Permit# 18-481 <br /> applies plus additional property which is subject to MCWD's permitting authority; and <br /> WHEREAS, the Declarant desires to subject the Property to certain conditions and restrictions <br /> imposed by the MCWD and the City as a condition to issuance of Permit#18-481 for the mutual benefit <br /> of the MCWD, the City, and the owners of the Property. <br /> WHEREAS Declarant and the District intend that this Declaration amend and supersede the <br /> declaration certified, filed and recorded on the Property in the office of the county recorder, Hennepin <br /> County, Minnesota, on April 25, 2019, as document numbers T05608095 and A10652823; <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 /> with as follows: <br /> 1. WETLAND BUFFER AREAS <br /> a. Buffer vegetation will not be cultivated, cropped, pastured, mowed, fertilized, <br /> subject to the placement of mulch or yard waste, or otherwise disturbed, except <br /> for periodic cutting or burning that promotes the health of the buffer, actions to <br /> address disease or invasive species, mowing for purposes of public safety, <br /> temporary disturbance for placement or repair of buried utilities, or other actions <br /> to maintain or improve buffer quality, each as approved by MCWD staff in <br /> writing. Pesticide, herbicide and Fertilizer applications may be used only if <br /> required and must be applied in accordance with Minnesota Department of <br /> Agriculture guidelines and standards. No new structure or hard surface will be <br /> placed within a buffer, except that construction of a trail or path of no more than 4 <br /> feet in width to provide riparian access through the buffer is acceptable. No fill, <br /> debris or other material will be excavated from or placed within a buffer. <br /> b. Permanent wetland buffer monuments will be maintained in the locations shown <br /> on the approved site plan. Language shall indicate the purpose of the buffer, <br /> restrictions, and the name and phone number of the Minnehaha Creek Watershed <br /> District. <br />