declaration of covenants/conditions/restrictions

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09/03/2010 18:04 IFA% EDENPRAIRIEREALTYFA%�CBBURNET.COM � Allison Van Sloo �al6/041• permit, number 99-169 to the undersigned appficant; and that said permit shatl be issued in consideration for the execution of this Covenant. 7. That the terms and conditions of this Covenant of Dedication shali,as of the date of execution of this document,bind the undersigned to the exterrt of their legal andlos equitable interest in the Resvicted Area; and that this Covenant shall nm with the land and be binding on the undersigned and their heirs and assigns forever. 8. That the tenns and conditions of this Covenam shall be both impGcidY and explicitl}r included in any transfer, conveyance, or encumbrance of the Restricted Area ur any part thereo� an�that any instrument of transfer, conveyance or encumbrance affectin8 all or any part of the Restricted Area shall set forth the terms and cunditions of this , doc�unent either by reference to this document or set fortl�in fu11 text- DEED AND USE RESTR1CT10NS The undersigned James P. Deanovic and Deborah W. Deanovic, husband and wife warrar�t that they are the Ovv�ers in fee of the Restricted Area; and that the Restricted At'es. is hereby dedicated ia perpetuity for use as a conservancy area• The undersignad James P. Deanovic and Deborah W. Deanovic hereby agree to restrict the use and title of Restricted Area as follows: I. No dredged or fill material will be place� in the R.estricted Ai'ea except as grovided pursuant to permit nwnber 99-169. 2. No commercial, industriaI, agricukural or residential developments, suuctures or buildings shall be allowed or permitted in Restricted Area 3, No lumbering, mowing, drainage, burning, plowing or filling shail be � allowed or conducted in tha Rest::cted .Ar�a. No domestir cattle, horses; sheep or other livestock shall be kegt or grazed in the Restricte� Area. � � 4. No filling, dumping, burning, g�d� ��vation, direct introduction. of untreated storm water, and mowing or other vegetation removal shail be allowed without - written approval from the Corps of Enginecrs. 5, No phosphorus containing fertifizers shall be used in the Resiricted Area 6, That atry unauthorized prohibited activity in the Restricted Area by the permittee, °ubsequent property owners, or other parties shail be considered a pernut vioiation, and that the property owrter and responsible parties may be the subject of administrative, civil or criminai aciion. Page 2 of 3