Agenda - Council - 01/22/2008 - Laserfiche WebLink

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CONSERVATION EASEMENT AND RESTRICTIONS THIS CONSERVATION EASEMENT AND RESTRICTION is made effective this day of , 2008 by Sweetbay Land Company, LLC, a Minnesota limited liability company (the "Owner") to .and in favor of the CITY OF RAMSEY, a municipal corporation under the laws of the State of Minnesota (the "City"). WHEREAS, Minnesota Statutes, Chapter 84.C titled "Conservation Easements" .authorizes the grant by private citizens. of non-possessery, conservation easements; to protect natural, scenic and open space values, and the. authorized grantees include any governmental body empowered to hold an interest in real property under. the laws of the State of Minnesota; -and WHEREAS; the City is: (i) a governmental body empowered to hold interests in real property under the laws of the State of Minnesota and (ii) a charter city under Minnesota Statutes; and WHEREAS, preservation of the Easement Areas will further City goals for conservation adopted by the City. and; WHEREAS, preservation of the Easement Areas will further goals of the State of Minnesota adopted by the State as Minnesota Laws 2001, First Special Session, Chapter 2, Section 14, Subdivision 4(e), which provides funding to accelerate the restoration of Minnesota's fish and wildlife by reestablishing a network of statewide corridors that connect core units of high quality habitat for the purpose of sustaining and enhancing fish and- wildlife populations, and_restoring the integrity of natural communities that are sustainable with human activities; and WHEREAS, the Owner owns a parcel of land in the City legally described in Exhibit "A" attached hereto (the "Owner Tract"), and wishes to grant to the City a Conservation Easement and Restrictions ("CE & R") over part of said tract, consistent with the above-named State and City policies and procedures, and, with respect to the easement, consistent with the rules and regulations under United States Internal Revenue Code (IRC) 170 (h). NOW THEREFORE; For good and valuable consideration, the Owner, pursuant to the aforementioned Minnesota Statutes, hereby donates, grants, bargains, transfers and conveys to the City, its permitted successors and assigns, the CE & R .that are more fully described herein, subject to the terms and. conditions herein. The CE & R burden, and run over, on and across, the tract of land lying and being in the County of Anoka and State of Minnesota, described and depicted in Exhibit B attached hereto and made a part hereof (the "Easement Areas"), which Easement Areas are part of the Owner Tract. TO HAVE AND TO HOLD THE SAME, together with :all the hereditaments and appurtenances thereunto, forever. And the Owner, for itself, its successors -and assigns; covenants with the City, its successors and assigns, that the Owner is well seized in fee simple of the Easement Areas and that the Owner has good right and title to donate and impose: the CE & -86-