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�CANNED
; DECLARATION OF WETLAND BUFFER EASEMENT
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�" THIS DECLARATION ("Declaration") is made this ��day of September, „
� 2002, by Timothy C. DeVries and Gayle W. DeVries, husband and wife "'
� ("Declarants").
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RECITALS:
A. Declarants are the owners of real property within the City of Orono,
Hennepin County, Minnesota, platted and legally described as: Lot 6, Block
� 1, Abingdon Glen (the "Property") and no one other than Declarants has any
right, title or interest in the Property.
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� B. The Property constitutes the entirety of the land to which Minnehaha Creek
Watershed District Permit #02-255 applies.
� Cs C. Declarants desire to subject the Property to certain conditions and
restrictions imposed by the Minnehaha Creek Watershed District as a
condition to issuance of its Permit #02-255 for the benefit of the owners of
the Property.
NOW, THEREFORE, Declarants make this Declaration and hereby declare
that this Declaration shall constitute covenants to run with the Property, and further
declare that the Property 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 all persons owning or acquiring any
right, title or interest in the Property, and their heirs, successors, personal
representatives, and asigns. Accordingly, Declarants declare, covenant and agree as
fol lows:
1 . Wetland Buffer. In addition to the required 35 foot buffer from the
delineated wetland, a wetland buffer, measuring 775 squar� feet in area and
located as shown on the survey for the Property attached hereto and
incorporated herein as Exhibit A, shall be maintained by Declarant in
perpetuity free from mowing or other vegetative disturbance, fertilizer
application, yard or other waste disposal, the placement of structures or any
other alteration that impedes the function of the buffer in protecting the
quality of water in the wetland or in buffering flows into the wetland.
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2. The recitals set forth above are expressly incorporated herein.
IN AGREEMENT, the Declarants have executed this Declaration the day and
year first set forth.
Declara s: 4�
By
Ti othy C. DeVries
By ) �, � �� �,�J��
Gayle W. DeVries
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
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This instrument was acknowwledged before me this�day of September, 2002,
by Timothy C. DeVries and Gayle W. DeVries, husband and wife.
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�t�t/ i2'�=����
Notar Public
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`BP��'� LINOA K.WILLIAMS
NOTARY PUN,JC-YNIIE$pTA
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My c.e�mi�n E�u�►»,soos
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lS�'��ND PR10�`�AX�S
TAXPAYER SERVICE�
'�'RANSFER E,NTERE[�
OCT - 9 2002
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DECLARATION OF WETLANDS
THIS DECLARATION is made and entered into this �day of September, 2002,
by Timothy C. and Gayle W. DeVries, their heirs, assigns, and successors (collectively, the
"Declarants").
Declarants hereby declare, covenant and agree as follows:
A. Declarants are fee owners of certain real property located in Hennepin County,
Minnesota, legally described as Lot 6, Block 1, Abingdon Glen, Hennepin County
Minnesota ("Lot 6").
B. This Declaration shall alert all persons that Lot 6 contains Type I and Type II
wetlands that are regulated under the Minnehaha Creek Watershed District, U.S.
Corps of Engineers, Minnesota Department of Natural Resources, and other statutes
and regulations. A property survey indicating the location of Type I and Type II
wetlands is attached hereto as "Exhibit A." No changes to the wetlands including
land alteration, removal of vegetation and building of temporary or permanent
structures shall be permitted in the wetland areas without obtaining appropriate
permits and from all agencies with jurisdiction over said wetlands.
C. All provisions of this Declaration shall run with Lot 6 and shall extend to and bind
the heirs, successors, representatives, grantees and asigns of the Declarants.
Decla .
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By '
imothy . eVries
gy � Cf\ �.l �
G yle . DeVries
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
�
This instrument was acknowwledged before me this /7 clay of September, 2002, by
Timothy C. DeVries and Gayle W. DeVries, husband and ' e.
� �g� ��` 1���0� ��Y Nota y Public
�.a►�L� �.-A�J m�. 55,3 5� , •
�� ..� LINDA K. WILL{AM3
! 2 NOTARY PUBLIGMINNES0IA
3 My Commission Exp�r•:s Jan.31,21�
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