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e <br />Reserved for Recording <br />DECLARATION OF WETLANDS COVENANTS <br />THIS DECLARATION is made as of 1998, by Kenneth Tumham and Edith L. <br />Tumham, husband and wife (collectively, "Owner"). <br />RECITALS: <br />A. Owner is the owner of the land situated in the City of Orono (the "City"), Hennepin County, <br />Minnesota described as Lot 1, Block 2, Tumham Toll Addition, according to the recorded plat <br />thereof (the "Land"). <br />B. The Owner desires to provide notice with respect to the Type 2 Wetlands located on that por.. <br />of the Land designated as "Wetlands" on the plat of Tumham Toll Addition, (the "Wetlands"). <br />NOW, THEREFORE, the Owner, for himself, his successors and assigns, hereby declares, as follows: <br />1. Wetlands. The Wetlands shall not be altered before (a) contacting the Minnehaha Creek <br />Watershed District and the United States Corps of Engineers, and (b) the submission of a wetland alteration plan <br />to the City for its review, and (c) the issuance of a permit for such alteration, if such permit is then required. <br />2. Bindine Effect. This Declaration shall run with the title to the Land and shall be binding upon all <br />future owners thereof. <br />3. Amendment. This Declaration may be amended upon the execution of an amendment to this <br />Declaration by the record owner of the Land with the written consent of the City affixed thereto, and the filing <br />thereof in the office of the Registrar of Titles in and for Hennepin County, State of Minnesota. <br />2I065CLB