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the portion of the property acquired by MnDOT so long as it retains the ownership of the <br />property and continues to use it for highway purposes. <br />4. Enforcement. The Minnesota Land Trust, or any resident of the City of Orono <br />shall have the right to enforce the restrictions imposed by this Declaration. Enforcement of this <br />Declaration shall be by proceedings at law or in equity against any person or entity violating or <br />attempting to violate any covenant, restriction or provisions set forth herein, either to restrain <br />such violation or to recover damages. With respect to any measures or action, legal, <br />administrative, or otherwise, taken to enforce the provisions of this Declaration, whether or not <br />finally determined by a court or arbitrator, the party violating this Declaration, shall pay to the <br />party seeking enforcement of this Declaration any and all reasonable expenses incurred in <br />connection with such enforcement, including without limitation reasonable attorneys' fees; except <br />that under no circumstances shall the Declarant be obligated to pay such expenses. <br />5. Governing_Law. This Declaration shall be governed and construed under the <br />laws of the State of Minnesota. <br />CITY OF ORONO <br />Mayor <br />Ronald J. Moorse <br />Its City Administrator <br />STATE OF MINNESOTA ) <br />) ss. <br />COUNTY OF HENNEPIN ) <br />The foregoing instrument was acknowledged before me this _ day of <br />20by Mayor of the City of Orono, and Ronald J. Moorse, the City <br />Administrator of City of Orono, a municipal corporation and political subdivision of the State of <br />Minnesota, on behalf of the municipal corporation. <br />Notary Public <br />HC26DS4/ 4715/ 26539397A 12/20000 -2- <br />