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� -� ;��,���,�,�� <br /> . <br /> �CANNED <br /> ; DECLARATION OF WETLAND BUFFER EASEMENT <br /> C.: <br /> .� <br /> ;,� <br /> ;..�► <br /> �:� <br /> � <br /> �" THIS DECLARATION ("Declaration") is made this ��day of September, „ <br /> � 2002, by Timothy C. DeVries and Gayle W. DeVries, husband and wife "' <br /> � ("Declarants"). <br /> � <br /> RECITALS: <br /> A. Declarants are the owners of real property within the City of Orono, <br /> Hennepin County, Minnesota, platted and legally described as: Lot 6, Block <br /> � 1, Abingdon Glen (the "Property") and no one other than Declarants has any <br /> right, title or interest in the Property. <br /> � <br /> � B. The Property constitutes the entirety of the land to which Minnehaha Creek <br /> Watershed District Permit #02-255 applies. <br /> � Cs C. Declarants desire to subject the Property to certain conditions and <br /> restrictions imposed by the Minnehaha Creek Watershed District as a <br /> condition to issuance of its Permit #02-255 for the benefit of the owners of <br /> the Property. <br /> NOW, THEREFORE, Declarants make this Declaration and hereby declare <br /> that this Declaration shall constitute covenants to run with the Property, and further <br /> declare that the Property shall be owned, used, occupied and conveyed subject to <br /> the covenants, restrictions, easements, charges and liens set forth in this <br /> Declaration, all of which shall be binding on all persons owning or acquiring any <br /> right, title or interest in the Property, and their heirs, successors, personal <br /> representatives, and asigns. Accordingly, Declarants declare, covenant and agree as <br /> fol lows: <br /> 1 . Wetland Buffer. In addition to the required 35 foot buffer from the <br /> delineated wetland, a wetland buffer, measuring 775 squar� feet in area and <br /> located as shown on the survey for the Property attached hereto and <br /> incorporated herein as Exhibit A, shall be maintained by Declarant in <br /> perpetuity free from mowing or other vegetative disturbance, fertilizer <br /> application, yard or other waste disposal, the placement of structures or any <br /> other alteration that impedes the function of the buffer in protecting the <br /> quality of water in the wetland or in buffering flows into the wetland. <br />