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be owned, used, occupied, and conveyed subject to the covenants and <br /> restrictions set forth in this Declaration, all of which shall be binding on all <br /> persons owning or acquiring any right, title or interest in the Property, and their <br /> heirs,successors, personal representatives, and assigns. <br /> 1. Wetland Buffer. The irregularly shaped wetland buffer area <br /> delineated on the site plan for the Property attached hereto and incorporated <br /> herein as Attachment A shall be maintained by Declarants in perpetuity free <br /> from mowing or other disturbance of vegetation, fertilizer application, yard or <br /> other waste disposal, the placement of structures or any other alteration that <br /> impedes the function of the buffer in protecting the quality of water in the <br /> wetland or buffering flows into the wetland, but subject to the following <br /> perrnitted exceptions and activities: <br /> a. Removal of diseased or dead trees, brush� and noxious <br /> weeds if written approval issued by MCWD has been <br /> obtained. <br /> b. The placement and maintenance of the foot bridge <br /> depicted on Attachment A. <br /> c. All activities within such wetland buffer area permitted or <br /> approved by MCWD under Permit No. 10-285 or any <br /> other permit or written approval issued by MCWD. <br /> 2. Parties Benefited by Declaration. This Declaration is given and <br /> granted solely for the benefit of the MCWD. This Declaration grants no rights or <br /> privileges to the public or any third party. <br /> 3. Prior Declaration Superseded and Vacated. The document titled <br /> "Declaration" filed on the Property as Document Number A9667051 dated <br /> October 20, 2010, and filed for record June 23, 2011 in the Office of the County <br /> Recorder, Hennepin County, is deemed superseded and vacated on the filing of <br /> this Declaration. <br /> 4. The recitals set forth above are�xpressly incorporated herein. <br /> Huthwaite�Declaration.redlined 2 <br />