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d. Upland and shoreline plantings will be replaced and seeded areas will be reseeded <br /> as necessary in the spring and fall of each year in accordance with the approved <br /> plan to maintain the ecological health and function of the shoreline. <br /> 2. Violation. Violation of any provision of this Declaration is a violation of the <br /> Declaration as well as a violation of the MCWD permit for the project for which the MCWD <br /> may take action against the City. <br /> 3. "Property owner" as used in this Declaration means the owner of the property <br /> on which is located the facilities to which the obligations herein apply. <br /> 4. "City" as used in this Declaration means the City of Orono. <br /> 5. Recitals. The recitals set forth above are expressly incorporated herein. <br /> IN WITNESS WHEREOF,the undersigned have executed this instrument the day and <br /> year first set forth. <br /> 41:- <br /> DECLARANT: <br /> bara K.Lupient,Pers nal Representative <br /> for the Estate of James W. Lupient <br /> Ra ph Strangis,Personal Representative <br /> for the Estate of James W. Lupient, and <br /> Trustee for the James W. Lupient Irrevocable Trust for <br /> the Benefit of Richard Lupient <br /> STALE,OF MINNESOTA ) <br /> )ss. <br /> COUNTY OF ) ? <br /> The foregoing instrument was acknowledged before me thi day of <br /> Ni ( , 2012,by Barbara K. Lupient, personal representative of the Estate of <br /> James W. Lupient, on behalf of the Estate. <br /> i <br /> Notary Public <br /> LESLIE E.JOHNSON <br /> 159869v1 4 NOTARY PUBLIC-MINNESOTA <br /> .;0,44.,; 'My Commission Expires Jan.31.2015 <br /> v <br />