04-13-2020 Council Packet - Laserfiche WebLink

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WHEREAS the site plan for the work permitted under MCWD permit no. 04-232 was modified from that shown in Attachment A to the Declaration, and MCWD’s approval of the revision to the site plan was conditioned on amendment of the Declaration to incorporate the revised site plan showing the buffer width changes on the Property requiring maintenance in accordance with the terms of the Declaration, and Declarant and MCWD wish to amend the Declaration to replace Attachment A[ solely with respect tofor the Property], with the revised site plan as shown in Attachment A-1 to this Amendment. NOW, THEREFORE, Declarant makes and MCWD accepts this Amendment, and both parties declare that the Declaration, as amended, constitutes covenants to run with the Property in perpetuity, and further declares that the Property will be owned, used, occupied and conveyed subject to the covenants, restrictions, easements, charges and liens set forth in the Declaration, as amended, all of which will be binding on all persons owning or acquiring any right, title or interest in the Property, and their heirs, successors, personal representatives and assigns. The Declaration is amended as follows: A. The site plan attached to the Declaration as Attachment A is deleted, solely for the Property, and is replaced with Attachment A-1 to this Amendment. B. Prior Declaration Amended. The Declaration is amended on the filing of this Amendment for recordation with the Office of the Registrar of Titles, Hennepin County, Minnesota. C. Except as expressly amended hereby, all terms of the Declaration remain valid, effective and legally enforceable. D. Recitals. The recitals set forth above are expressly incorporated herein.