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approval of the Council, or its successors, is duly filed and recorded at the time of the filing and <br />recording of the instrument to which such approval pertains. NOTWITHSTANDING the foregoing, <br />the Council consents to a permanent utility easement over, under and across the Real Property, <br />which easement is described on the attached Quit Claim Deed. <br />2. Except as provided in paragraph 1 above, the Real Property shall not be used for any purpose <br />except the construction of TH 10 from approximately Armstrong Boulevard to the Ramsey -Anoka <br />City boundary and bounded to the north by the BNSF rail line unless the Council, or its successors, <br />shall consent to such other use or uses by instrument in writing duly filed and recorded and <br />designating the nature, extent and duration of the use for which such consent is given. <br />This Amended Agreement and Restrictive Covenant may be enforced by the Council, its successors, or by <br />any citizen residing within the Metropolitan area as defined by appropriate action in the courts of the <br />State of Minnesota. <br />IN WITNESS WHEREOF, the parties have caused this instrument to be executed in their respective names <br />all as of the above date. <br />METROPOLITAN COUNCIL <br />By: <br />Its: <br />STATE OF MINNESOTA ) <br />) ss. <br />COUNTY OF RAMSEY ) <br />The foregoing instrument was acknowledged before me this day of _, <br />by , the of the Metropolitan Council, a political <br />subdivision of the State of Minnesota on behalf of the political subdivision. <br />Notary Public <br />2 <br />