05-12-2003 Council Packet - Laserfiche WebLink

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DECLARATION THIS DECLARAIION (“Declaration”) is made this by Independent School distiia No. 278 (“Declaruit”). day of ,2003, RECITALS WHEREAS, Declarant is the owner of real property within the Gty of Orono, Hennepin County, Minnesota, platted and legally described as; That part of Lot 2, block 1, ORONO SCHOOL EXPANSION, which lies east of the west 140 feet thereof and north of the following described line: Beginning at the intersection of the east line of said west 140 feet with the north line of the south 253 feet of said Lot 2; thence on an assumed bearing of south 89 degrees 39 minutes east along said north line of the south 253 feet a distance of 170 feet; thence north 35 degrees east a distance of 106 feet; thence north 60 degrees east to the east line of said Lot 2, and said line there ending; (the “PropertVO and no one other than Declarant, the Gty of Orono (“Lessee”) and ORONO BASEBAIX As SOQATION (“Sub-Lessee”) has any right, title or interest in the Property*, and WHEREAS, the Property constitutes the entirety of the land to which Mirmehaha Geek Watershed District Permit Application H 02-058 applies; and WHEREAS, Declarant desires to subjea the Property to certain conditions and restrictions imposed by the Mirmehaha Creek Watershed District as a condition to issuance of their Permit it 02- 058 for the mutual benefit of the owners of the Property. NOW, THEREFORE, Declarant makes this Declaration and hereby declares that this Declaration shall constitute covenants to run with the Propeny, and further declares that the Property shall be owned, used, occupied, and conveyed subjea to the covenants, restrictions, easements, charges and liens set forth in this Declaration, all of which shall be binding on all persons owning or acquiring any right, title or interest in the Property, and their heirs, successors, personal representatives, and assigns. 1. Wetland Buffer. The wetland buffer, measuring varying widths surrounding the wetlands as delineated and shown on the Grading, Drainage and Erosion Control Plan for the Property dated 10/23/02, and attached hereto and incorporated herein as Anachment A, shall be maintained by Declarant in perpetuity free from mowing or other vegeutive disturbance, fertilizer application, yard or other waste disposal, the placement of structures or any other alteration that impedes the function of the buffer in protecting the quality of water in the wetland or buffeting flows into the wetland. 2. Street Sw^eeping. All streets and public ways within the Propertyshall be swept at least twice each year, in the spring following snowmelt and in the fall after leaf f^. } ^ A3 :-a iv * ^ V.5}o 1‘j c I I! t : I