Declaration/homeowner/MCWD-2016 - Laserfiche WebLink

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� . WI�REAS,the Declarant desires to subject the Property to certain conditions and restrictions imposed by the MCWD as a condition to issuance of Permit#16-268 for the mutusl benefit of the MCWD and the owners of the Property. NOW,THEREFORE,Declarant makes this Declaratian and hereby�declares that this Declaration shall constitute covenants to run with the Property in perpetuity,and fiuther deelares that the Properly shall be owned,used,occupied and conveyed subject to the covenants,restrictions,easements, charges and liens set forth in this Declaration,all of which shall be binding on a11 persons owning or acquiring any right,title or interest in the Property,and their heirs,suecessors,personal representatives and assigns. All features r�uiring maintenance identified on the scaled site glan for the Pzoperty attached hereto and incorporated her�in as Attachment A will be maintained in perpetuity in accordance as follows: - � � 1. WETI,AND BUFFER AREAS � a. Buffer vegetation will not be cultivated,cropped,pastiued,mowed,fertilized, subjact to the placement of mulch or yard waste,or otherwise disturbed,except for periodic cutting or burning that promotes the health of the buffear,actions to address disease or invasive species,mowing for purposes of public safety, temporary disturbance for placement or zepair of buried utilities,or other actions to maantain or improve buffer quality,each as approved by MCWD staff in writing.Pesticides and herbicicies msy be used in accordance with Minnesota Depattment of Agriculture rules and guidelines.No new structure or hard surFace will be placed wit�in a buffer,except that construction of a trail or path of no more t�an 4 feet in width to provide riparian access through the buffer is � acceptable.N�fill,debris or other material will be excavated from ar placed within a bui�er. � b. Permanent wetland buffer monuments will be maintaine�in the locations shown on t�e approv�d site plan. Language shall indicate the purpose of the buffer, restrictions,and the name and phane number of th�Minnehah�Creek Watershed Distric�t. � 1. Violation. Both the Declarant and a subsequent properiy owner are liable to the MCWD for ; perfarmance under tlus Declazation,and the MCWD may seek any remedy in law or equity against ; the Declaraut as long as the declazant owns the Property and thereafter�gainst the properiy owner to ; enforce the Declaration. � 2. "Property ov�ner"as u�ed in this Declaradon means the owner of the property on which is located � the facilities t4 which the obligations herein apply. 3. Recitals. The recitals set forth above are express�y incorgorated herein. E