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09-11-1995 Council Packet
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09-11-1995 Council Packet
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.* nw.*- r w .* <br />^ • «X ** <br />4 4 •-r v -^L 4 •#•■> • ^*• <br />.*^|^> ^ V V V ^\f.4. <br />(3.Tint a permit to develop the wedand above described would not have been <br />yremed but for the dediuiion of the casements as contained on LxhToii A for use as <br />conservancy area; and, that upon receipt of a cemtied copy of this document, as recorded <br />in the Office of the Gaunty Recorder for Hennepin County, Minnesota, the Diatnc; <br />Engineer of the St. Paul District of the U.S. Anny Corps of Engineers wiU issue a validated <br />permit, number 94-02434 NW JJY, 33 CFR 330 - App .A Nationwide permit number <br />(26), to the undersigned appCcant; and that said permit shall be issued In consideration for <br />the execution of *Jiis Covenant <br />7.That the terms and conditions of lias Covenant of Dedication shall, as of die <br />date of execution of this document bind the undersigned to the extent or their legal and/or <br />equitable interest in the prepenv described in Exhibit A; and that thia Cwvenani shall run <br />with the land and be binding on the undersigned and their heirs and assigns forever. <br />S.Tlut the terms and conditions ot this Covenant shall be both implicitly and <br />explicitly included in any transfer, conveyance, or encumbrance of the property described in <br />E.xhiuit A or any part thereoi; and that any instrument of transfer, conve>'ancs or <br />encumbrance affecting ail or any pan of the property described in Exhibit A shall*set fonh <br />the terms and conditions ot this document either by reference to this document or set forth <br />in mil text <br />DEED ANX) USE RESTRICTIONS <br />Tiis unoersignea. Coffin Comers Pa/tnership warrants that it is the Contract for <br />Deec ^ endor as recited above and Orono Limited Pannership hereby warrants that they <br />are the Owner in fee and Contract for Deed Vendees as recited above of the realty <br />desc. .k^ea as n.xhibii .A, and that the easements recited in Exhibit A are herebv dedicated in <br />« ^pc.'peiuity for use as a conscr.'ancv' area. <br />The undersigned Orono Limited Partnership and Coffin Comers Partnership hereby <br />agree :o restnet tiie use and title of the easement area as recited in Exhibit A as follows: <br />1.No dredged of uil material will be placed in the easement area of Exhibit A <br />except as provided pursuant to permit number 94-02434 NW ;JY, 33 CFR 330 - App A. <br />Nationwide permit number (26). <br />2.No comnierciai. industrial, agricultural or residential developments, <br />structures or buildings shad be allowed or permitted in the easement area of E.xhibii .A <br />jm • <br />5.That the above mentioned dedication shall consisr of the execution of this |J. <br />document by all parties necessary to restrict the use and tide of the osements as defined in ■ <br />(he attached Exhibit A; lod that this document shall be recorded in the Office of the <br />County Recorder for Hennepin County. Minnesota.
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