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�-";_' <br /> DEGLARATION OF WETLANDS COVENANTS <br /> (Lot 3) <br /> THIS DECLARATION is made as of ,S �n,---�.� =;C� , 1997, by James G. <br /> Fullerton, III and Robert A. Stein, Trustees of the lizaberh L_ Fullerton Revocable Trust <br /> U/A, dated 1/4/85, as amended, �vith Elizabeth L. Fullerton, as donor (the "Trustees"). <br /> RECITALS : <br /> A. The Trustees are the otivners of Lot 3, Bloc'.< 1, Fullerton Estates, according <br /> to the recorded plat thereof ("Lot 3"), situated in the City of Orono (the "Cin=), <br /> Hennepin County, Minnesota. <br /> B. The Trustees desire to provide notice with respect to the Type 2 Wetlands <br /> located on Lot 3 (the "Wetlands"). <br /> NOW, THEREFORE, the Trustees, on behalf of themselves and their successors <br /> and assigns, hereby covenant and agree as follows, and hereby declare and create Lhe <br /> follo`ving covenants, all of which shall run �vith title to Lot 3: <br /> 1. Wetlands. The Wetlands are located near�he shore of Max�vell Bay, Lake <br /> Minnetonka, at the Southerly boundarv of Lot 3. The Wetlands shall not be altered <br /> before contacting the Minnehaha Creek Watershed Disuict and the United States Corps <br /> of Engineers, and before submitting a wetland alteration plan to the City of Orono (rhe <br /> "Cit��") for its review and issuance of a permit for such a?teration, if such permit is then <br /> required. <br /> 2. Future Convevances. This Declaration sha11 be incorporated by reference <br /> in all future conveyances, mortgages, assignments and oL�er transfers of Lot 3; pro�,�ided, <br /> ho���ever, that notwithstanding any failure to incorporate this Declaration by reference <br /> in such future conveyances, mortgages, assignments and other uansfers, this Declarauon <br /> shall run with the title to Lot 3 as an appurtenance L�;ereto �vithout the necessi�- of <br /> specific reference thereto. � <br /> 3. Amendment. Subject to paragraph 1 hereof, providing for City appro��al, <br /> this Declaration may, at any time and from time to time, be amended upon the filin�for <br /> record in the office of the Hennepin County Regis�rar of Titles of an agreement <br /> amending this Declaration, executed in the manner reqtired b�• la�v for the recordina of <br /> a conveyance of real property by the then o«ners, both le�al and equitable, of Lot 3, and <br /> consented to by the mortgagees of such Lot. <br /> 1 Bw-3»i.DOC <br />