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DECLARATION <br />THIS DECLARATION ("Declaration") is made this lOtli day of May, <br />2004, by City of Orono, ("Declarant"). <br />RECITALS <br />WHEREAS, Declarant is the owner of real property within the City of <br />Orono, Hennepin County, Minnesota, platted and let»ally describeil as; <br />Platted public road rip,ht of way in the Morse Island Park addition named <br />"STREET" located between lots 38 and 39 Morse Island Park addition. <br />(the " I'roperty") and no one other than Declarant, lias any right, title or interest <br />ir the Property; and <br />WHEREAS, the Property constitutes the entirety of the land to which <br />Minnehaha Creek Watershed District Permit # 04-123 applies; and <br />WHEREAS, Declarant desires to subject the Property to certain conditions <br />and restrictions imposed by the Minnehaha Creek Watershed District as a <br />condition to issuance of their Permit # 04-123 for the mutual benefit of the <br />owners of the Property. <br />NOW, THEREFORE, Declarant makes this Declaration and herebv <br />declares that this Declaration shall constitute covenants to run with the Property, <br />and further declares that the Property shall be owned, used , occupied, and <br />conveyed subject to the covenants, restrictions, easements, charges and liens set <br />forth in this Declaration, all of which shall be binding on all persoas owning or <br />acquiring any right, title or interest in the Property, and their heirs, successors, <br />personal representatives, and assigns. <br />Page 1 of 4