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<br /> <br />AMENDED DECLARATION OF RESTRICTIVE c;OVENANTS <br /> <br />This Amended Declaration of Restrictive Covenants, made by WASTE <br />MANAGEMENT OF MINNESOTA, INC., a :Minnesota corporation ("Declarant") and <br />the City of Ramsey, a Minnesota municipal corporation ("City"). <br /> <br />WITNESSETH: <br /> <br />WHEREAS, Declarant owned fee simple title to celtain real property located ill <br />the City of Ramsey, County of Anoka, State of Minnesota, legally described as Lots 1 <br />and 2, Block 1 and Outlots A and B, Alpine Addition ("Property"); and <br /> <br />WHEREAS, Declarant made and entered intothe Dec1arationofRestrictive <br />Covenants on May 21, 1996, intended to run with the land and recorded as document <br />number _, Book -' Page _; and <br /> <br />WHEREAS, Declarant transferred the Property to the City subject to the <br />Declaration of Restrictive Covenants which limited the use of the Property to park or <br />open space and would thereby prohibit certain uses otherwise lawful under the City <br />zoning code; and <br /> <br />WHEREAS, Declarant and City desire to modify and amend said Declaration of <br />Restrictive Covenants imposed upon the Property and to allow certain lawful USe of the <br />Property; <br /> <br />NOW, THEREFORE. Declarant and City hereby amend the Declaration of <br />Restrictive Covenants and declare that the Property shall be held, used, occupied, and <br />improved, subjectto the . following amended covenants, all of which are declared and <br />agreed to be consistent with and in furtherance of the servitude benefiting the City and <br />the State of Minnesota. <br /> <br />1. Regardless of the provisions of the City's zoning code, as from time to time <br />amended, the Property shall not be used for any purpose other than park or <br />open space or wireless telecommunication facilities and service. <br /> <br />Amended Declaration of Restrictive Covenants <br /> <br />Page 10f3 <br /> <br />-289- <br />