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05-05-2014 Park Commission Packet
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05-05-2014 Park Commission Packet
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S :aMpRRIOFITAXESRAID <br />.... ,rtivunssavires 0k1(911Jk(, Put2G��� <br />TRANSFER ENTERED Ll <br />7 <br />9� 1-b 77S 6S-�o-bi-�2-a1-42-q�-g <br />, y"miP DECLARATION OF RESTRICTIVE COVENANTS <br />Q <br />UTY <br />City of Orono, a municipal corporation and political subdivision of the State of <br />' Minnesota ("Declarant"), effective on the t7 day of July, 1996, hereby declares as follows: <br />re <br />RECITALS <br />o f3 A. Orono is the fee simple absolute owner of that certain real property legally <br />0 <br />u described as Lots 58, 60, 61, 62, 91, 92, 93 and 94, Tonkaview Gardens, Hennepin County, <br />Minnesota according to the recorded plat thereof (the "Property"). <br />B. Orono desires to subject the future use of the Property to the restrictions and <br />limitations set forth in this Declaration. <br />DECLARATIONS <br />NOW, THEREFORE, in consideration of the foregoing recitals, the restrictions set <br />forth herein, and other good and valuable consideration, the receipt, sufficiency and fairness <br />of which is hereby acknowledged, Orono does hereby declare as follows: <br />1. Restrictions. All persons and entities having an interest in the Property of any <br />kind or nature, whether legal, equitable or otherwise, and including without limitation all <br />lessees, occupants, and secured parties, by their acceptance or assertion of an interest in the <br />Property, or by their occupancy of the Property, covenant and agree that the ownership, use, <br />occupancy, operation, alienation and conveyance of and their interests in the Property shall be <br />subject to the following restrictions: <br />a. The Property shall be managed and maintained consistent with the purpose <br />and type of property acquired using appropriate management and protection <br />practices to protect the natural and/or scenic resources, and <br />b. The Property may not be used for any other purpose without tate express, <br />written approval of the Commissioner of the Minnesota Department of <br />Natural Resources (Ilse "DNR"). <br />2. Binding ffect. This Declaration shall run with the Property and be a <br />servitude thereon, and shall be binding upon all persons claiming any right or interest in or to <br />The Property, and their heirs, assigns and successors -in -interest. This Declaration shall remain <br />in full force and effect for a period of twenty (20) years commencing on the effective date <br />hereof, and thereafter shall automatically renew for consecutive ten (10) year periods. <br />3. Enforcement. The DNR shall have the right to enforce the restrictions <br />imposed by this Declaration.Enforcement of this Declaration shall be by proceedings at law <br />or in equity against any person or entity violating.or attempting to violate any covenant, <br />restriction or provisions set forth herein, either to restrain such violation or to recover <br />610/22119196 7117/96 <br />
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