Laserfiche WebLink
DECLARATION <br /> THIS DECLARATION ("Declaration") is made this 23 day of April , 2012 <br /> by the Estate of James W. Lupient and the James W. Lupient Irrevocable Trust for the Benefit of <br /> Richard Lupient created by Trust Agreement dated February 1, 1991 (Declarant) and the City of <br /> Orono, a Minnesota municipal corporation(City) in favor of the Minnehaha Creek Watershed <br /> District (MCWD), a special purpose local unit of government with purposes and powers pursuant <br /> to Minnesota Statutes Chapters 103B and 103D. <br /> RECITALS <br /> WHEREAS,Declarant owns real property within the City of Orono, Hennepin County, <br /> Minnesota, platted and legally described as: <br /> Lots 1, 2 and 3, Block 1, CASCO PONT ADDITION, according to <br /> the recorded plat thereof, Hennepin County, Minnesota <br /> (the Property) and no one other than Declarant, has any right, title or interest in the Property; and <br /> WHEREAS, the Property constitutes the entirety of the land to which MCWD Permit <br /> #11-048 applies; and <br /> WHEREAS, Declarant desires to subject the Property to certain conditions and <br /> restrictions imposed by the MCWD as a condition to issuance of Permit#11-048 for the mutual <br /> benefit of the MCWD and the owners of the Property; and <br /> WHEREAS,Declarant has granted the City an easement (the Easement) for the portions <br /> of the Property subject to this Declaration and referred to hereinafter as the shoreline <br /> stabilization area and legally described in Exhibit F attached hereto; and <br /> WHEREAS, City agrees to perform all shoreline stabilization activities and maintenance <br /> as noted herein, and Declarant agrees to allow City to perform all such shoreline stabilization <br /> activities and maintenance. <br /> 159869v1 <br />