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<br />~ R~ v t"Se4L if
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<br />CONSERVATION EASEMENT AND RESTRICTIONS
<br />
<br />THIS CONSERVATION EASEMENT AND RESTRICTION is made effective this
<br />day of , 2008 by Sweetbay Land Company, LLC, a Minnesota limited liability
<br />company (the "Owner") to and in favor of the CITY OF RAMSEY, a municipal corporation
<br />under the laws of the State of Minnesota (the "City").
<br />
<br />WHEREAS, Minnesota Statutes, Chapter 84.C titled "Conservation Easements"
<br />authorizes the grant by private citizens of non-possessery, conservation easements, to protect
<br />natural, scenic and open space values, and the authorized grantees include any governmental
<br />body empowered to hold an interest in real property under the laws of the State of Minnesota;
<br />and
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<br />WHEREAS, the City is: (i) a governmental body empowered to hold interests in real
<br />property under the laws of the State of Minnesota and (ii) a charter city under Minnesota
<br />Statutes; and
<br />
<br />WHEREAS, preservation of the Easement Areas will further City goals for conservation
<br />adopted by the City. and;
<br />
<br />WHEREAS, preservation of the Easement Areas will further the strategic planning goals
<br />of the City adopted at the January 19 -20, 2007 workshop to create and protect an interconnected
<br />system of athletic areas, parks, trails, and green spaces throughout the city; and,
<br />
<br />WHEREAS, the Owner owns a parcel of land in the City legally described in Exhibit "A"
<br />attached hereto (the "Owner Tract"), and wishes to grant to the City a Conservation Easement
<br />and Restrictions ("CE & R") over part of said tract, consistent with the above-named State and
<br />City policies and procedures, and, with respect to the easement, consistent with the rules and
<br />regulations under United States Internal Revenue Code (IRC) 170 (h).
<br />
<br />NOW THEREFORE, For good and valuable consideration, the Owner, pursuant to the
<br />aforementioned Minnesota Statutes, hereby donates, grants, bargains, transfers and conveys to
<br />the City, its permitted successors and assigns, the CE & R that are more fully described herein,
<br />subject to the terms and conditions herein. The CE & R burden, and run over, on and across, the
<br />tract of land lying and being in the County of Anoka and State of Minnesota, described and
<br />depicted in Exhibit B attached hereto and made a part hereof (the "Easement Areas"), which
<br />Easement Areas are part of the Owner Tract.
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<br />TO HAVE AND TO HOLD THE SAME, together with all the hereditaments and
<br />appurtenances thereunto, forever. And the Owner, for itself, its successors and assigns,
<br />covenants with the City, its successors and assigns, that the Owner is well seized infee simple of
<br />the Easement Areas and that the Owner has good right and title to donate and impose the CE &
<br />R, and that the Easement Areas are free from all encumbrances except the lien of real estate taxes
<br />and installments of special assessments payable therewith which are not yet due.
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