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DECLARATION FOR MAINTENANCE OF STORMWATER FACILITIES LOCATED ON THE PROPERTY AT NW QUADRANT OF LEXINGTON AVENUE AND COUNTY ROAD C THIS DECLARATION is made this 24th day of April, 2006, by CITY OF ROSEVILLE, a Minnesota municipal corporation, ("Declarant"), 2660 Civic Center Drive, Roseville, Minnesota, 55113, in favor of the Rice Creek Watershed District, a body with powers pursuant to Minnesota Chapters 103B and 103D ("RCWD"). WHEREAS, Declarant holds fee interest in real property within the City of Roseville of Ramsey County, Minnesota, platted and legally described as: That portion of the Southeast'/4 of the Southeast �/4 of the South �/z of the Southeast �/4 of Section 3, Township 29 North, Range 23 West, 4th Principal Meridian, Ramsey County, Minnesota. WHEREAS, no one other than Declarant possesses any right, title, or interest in the Property; WHEREAS, the facilities on or to be located on the Property to which the maintenance requirements in the Declaration apply as delineated and labeled on the scaled site plan Attachment A and legally described above, each incorporated herein, are as follows (the Facilities): Rain Garden WHEREAS, Declarant desires to subject the Properry to certain conditions and restrictions imposed by the RCWD as a condition to issuance of RCWD Permit # OS-015 for the mutual benefit of the RCWD and Declarant. NOW THEREFORE Declarant makes this declaration and hereby declares that this declaration shall constitute covenants to run with the Property, and further declares that the Property shall be owned, used, occupied, and conveyed subject to the covenants and restrictions set forth in this declaration, all of which shall be binding in perpetuity on all persons owning or acquiring any right, title or interest in the Property, and their heirs, successors, personal representatives and assigns, but only during the period of ownership of that right, title, or interest. 1. Declarant will inspect the Facilities at least annually. 2. Declarant will maintain and repair the Facilities: a. In the case of basins and other facilities where sediment collects, to preserve live storage or capacity at or above the design volume or, where no design live storage volume or capacity is incorporated into the permit, the volume or capacity recommended by the manufacturer.