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sbt�� ACQ4ts IrVI►S (t44q) <br />/ors 90-95-g60 <br />DECLARATION OF RESTRICTIVE COVENANTS <br />City of Orono, a municipal corporadoand political subdivision of the State of <br />Minnesota ('Declarant"), effective on theme%ay of April, 1999, hereby declares as follows: <br />w�. <br />RECITALS <br />A. Orono is the fee simple absolute owner of that certain real property legally <br />described as Lots 90, 95, and 96, Tonkaview Gardens, Hennepin County, Minnesota <br />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 the express <br />written approval of the Commissioner of the Minnesota Department of <br />Natural Resources (the "DNR"). <br />2. Binding Effect. 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 />00722175794 426/99 <br />