11-12-1996 Council Packet - Laserfiche WebLink

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5. That the above mentioned dedication shall consist of the execution of this document by all parties necessary to restrict the use and title of the easements as defined in the attached Exhibit A; and that this document shall be recorded in the Office of the County Recorder for Hennepin County, Minnesota. 6. That a permit to develop the wetland above described would not have been granted but for the dedication of the easements as contained on Exhibit A for use as conscr\'ancy area; and, that upon receipt of a certified copy of this document, as recorded in the Office of the County Recorder for Hennepin County, Minnesota, the District Engineer of the St. Paul District of the U.S. Anny Corps of Engineers will issue a validated permit, number 94-02434 NW JJY, 33 CFR 330 - App. A. Nationwide permit number (26). to the undersigned applicant; and that said permit shall be issued in consideration for the execution of this Covenant. 7. That the terms and conditions of this Covenant of Dedication shall, as of liie date of execution of this document, bind the undersigned to the extent or their legal and'or equitable interest in the property described in E.xhibit A; and that this Covenant shall run with the land and be binding on the undersigned and their heirs and assigns forever. 8. That the terms and conditions of this Covenant shall be both implicitly and explicitly included in any transfer, conveyance, or encumbrance of the property described in E.xhibit A or any pan thereof; and that any instrument of transfer, conveyance or encumbrance affecting all or any part of the property described in Exhibit A shall set forth tlie terms and conditions of this document either by reference to this document or set forth in fliil te.xt. DEED AND USE RESTRICTIONS Tlie undersigned. Coffin Corners Partnership warrants that it Is the Contract for Deed \'endor as recited above and Orono Limited Partnership hereby warrants that they are :he Owner in fee and Contract for Deed Vendees as recited above of the realty described as Exhibit A\ and that the easements recited in Exhibit are hereby dedicated in perpetuity for use as a conservancy area. The undersigned Orono Limited Partnership and Coffin Corners Partnership hereby agree to restrict the use and title of the easement area as recited in E.xhibit A as follows: 1 . No dredged of fill material will be placed in the easement area of E.xhibit .A except as provided pursuant to permit number 94-02434 N\V JJY, 33 CFR 330 - App. .A. Nationwide permit number (26). 2. No commercial, industrial, agricultural or residential ‘developments, structures or buildings shall be allowed or permitted in the easement area of Exhibit .A. L!C - ''I -