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Minnesota Wetland Conservation Act Deed Form Instructions for Site Specific Wetland Replacement FORMS: · Declaration of Restrictions and Covenants for Site Specific Wetland Replacement (Replacement form 11) · Affidavit of Landowners (Replacement form 12) · Consent to Replacement Wetland (Replacement form 13) General instructions for all three forms: 1. Replacement forms 11 and 13 are required by the WCA Rules to give notice to current and future landowners of the Replacement Wetland or the Impacted Wetland (i.e., the wetland that was drained or filled) of obligations and restrictions on the use of the wetland. The Affidavit of Landowners (Replacement form 12) is required to affirm the ownership of the property and to affirm that there are no encumbrances against the property. 2. All of these forms must be signed by the fee owner (including the husband and wife, even if the title is only in one spouse's name) and any other party who is defined as a "Landowner" under the rules, who is responsible for the replacement or draining/filling of the wetland. 3. All of these forms must be completed for each replacement site. If two or more replacement sites are involved and each is on a separate parcel ofland, then the three forms must be completed for each different parcel of land where a replacement wetland is located. 4. All of these forms must be notarized. Forms II (Declaration of Restrictions and Covenants for Site Specific Wetland Replacement) and 13 (Consent to Replacement Wetland) must be filed with the county recorder's office in which the wetland is located, so that the obligations and restrictions on the use of the wetland become a permanent part of the land record. Declaration of Restrictions and Covenants for Site Specific Replacement Wetland (Replacement form II) 1. This form will be used most frequently because it is required for a Replacement Wetland when the Landowner seeks LGU approval of the Replacement Plan or Bank Plan. The Landowner acknowledges in this Declaration that, among other things, he is responsible for maintaining the size and type of the replacement wetland. The landowner also acknowledges that he or she will provide access to the wetland replacement site. 2. In addition to Replacement form II, the LGU should require proof of good title, i.e., proof that the landowner in fact owns the land and that no encumbrances are on the land that would prevent the creation or restoration of a wetland on that parcel. This is very important! Preferably, Page 1 of2 BWSR Deed Form Instructions (April 2003) 1'\ S C{