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04-21-2003 Planning Packet
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04-21-2003 Planning Packet
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2/9/2023 1:38:54 PM
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DECLARATION <br />day of,..2003,THIS DECLARATION ("DecIantionT is made this <br />by Independent School distria No. 278 ("Declar^"). <br />REQTALS <br />>XTIER£AS, DecUnnt b the owner of real property within the City of Orono, hfcnnepin <br />County, Minnesota, platted and legally described as: <br />Hiat part of Lot 2, Block 1, ORONO SCHOOL EXPANSION, <br />which lies east of the west 140 feet thereof and north of the <br />following described line: Beginning at the iruersecilon of the <br />east line of said west 140 feet with the north line of the south <br />233 feet of said Lot 2; thetKe on an assumed bearing of south <br />89 degrees 39 minutes east along said north line of the south <br />253 feet a dbtance of 170 feet; ^nce north 33 degrees east <br />a dbtance of 106 feet; thence north 60 degrees east to the east <br />line of said Lot 2, and said line there ending; <br />(the "Property^ and no one other than Declarant, the Gty of Orono (“Lessee") and ORONO <br />BASEBALL ASSCX3ATION ("Sub-Lessee") has any right, title or interest m the Property, and <br />Vi'HEREAS, the Property constitutes the entirety of the land to which Minnehaha Greek <br />Watershed Dbtria Permit Application 0 02-C38 applies; and <br />WHEREAS, Declarant desires to subject the Property to certain conditions and restrictions <br />imposed by the Minnehaha Creek Watershed Dbtrict as a condition to bsuance of their Permit 0 02- <br />038 for the mutual benefit of the owners of the Property. <br />NOW, THEREFORE, Declarant makes thb Declaration and hereby declares that thb <br />Declaration shall constitute covenants to run with the Property, and further declares that the <br />Property shall be owned, used, occupied, and convened subject to the covenants, resmetions, <br />easements, charges and liem set forth Ln thb Declaration, all of which shall be binding on all persons <br />owning or acquiring any right, title or interest in the Property, and iheb heirs, successors, personal <br />representatives, and assigns. <br />1. Wetland Buffer. The weilarui buffer, measuring s'arying widths surroimding the <br />wetlands as delineated and shown on the Grading, Drainage and Erosion Control Plan for the <br />Property dated 10/23/02, and anached hereto and incorporated herein .• A> 'chment A, shall be <br />maintained by Declaraiu in perpetuity free from mowing or other vegrtatn t .Laturbance, fertilizer <br />applicauon, yard or other waste dbposal, the placement of structures • . •<. other alteration that <br />impedes the function of the buffer in protecting the quality' of water mi- wetland or buffeting <br />flows into the wetland. <br />2. Street Sweeping. All streets and public ways within the Property shall be swept at <br />least twice each year, in the spring following snowmek and in the fall after leaf fall. <br />JJ. <br />ir OQ.. O; O
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