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� / � � t � � � WHEREAS,the Declarant desires to subject the Property to certain conditions and rest�rrictions inaposed by the MCWD as a condition to issuance of Permit#16-268 for the mutual benefit of the MCWD and t�e awn�rs o#'the Property. NOW,THEREFORE,Declarant makes this DeclaratiQn and hereby declares that tlus Declaration s�all constitute covenant�to run with the Property in perpehuty, and further declazes that the Property shall be owned,uscd,occupied and conveyed subject to the covenants,restrictions,easements, ckarges and liens set forth in;this Declaration,all of which shall be bindin�on all persons owning or acquiring any right,title or interest in the Properiy, and their heirs, successors,personal representatives and assigns. All features requiring maintenance identified on the scaled site plan for the Properry attached h�reto and incoxporated herein as Attachment A will be maintained in perpetuity in accordance as follows: 1. WE'TLAND BUFF'ER AREAS a. Buffer vegetation will not be cultivated,cropped,pastured,mawed, fertilized, subject to the placement of mulch or yard waste,or otherwise disturbed,e�ccept for periodic cutting or burning th�t promotes the health of the buffer,actions to ad.dress disease or invasive sp�ecies,mowing for purposes of public safety, temporary disturbance for placement or repair of buried utilities,or other acdons to maintain o�improve buffer quality,each as approved by MCWD staff in writing.Pesticides and herbicides may be used in accordance with Minnesota Department af Agriculture rules and guidelines.No new structure or hard surface will be placed within a buffer,except that construction of a t�ail or p�tth of no more than 4 feet in width to provide riparian access through the buffer is acceptable. No fill,debris or other material will be excavated from or placed within a buffer. b. Permanent wetland buff�r monuments will be maintained in the locations shovvn on the approv�ed site plan. Language shall indicate the purpose of the buffer, restrictions,and the name and phone number of the Minnehaha Creek Watershed L?istrict. 1. Violation. Both the Declarant and a subsequent property owner are liable to the MCWD for performance under this Declaration,an.d the MCWD may seek�any remedy in law or e�uity against the Declazant as long as the declarant owns the Property and thereafter against the property owner to enforce the Declaration. � 2. "Property owner"as us�d in this Declaration means the owner of the property on which is located the facilities to which the obligations herein apply. 3. Recitals. T'he reeitals set forth above aze expressly incorporated herein.