Agenda - Council - 05/14/2019 - Laserfiche WebLink

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C. Recreational and Educational Uses. The Easement Areas may be used for hiking, cross-country skiing, horseback riding, camping, nature observation or study, and other similar low impact recreational and educational programs or activities by the Owner. Any recreational or educational program or activity undertaken pursuant to this subsection must be exercised in a manner which is consistent with the Conservation Values set forth in this CTE & R. D. Habitat. The Easement Areas may be used to maintain, restore or enhance habitat for wildlife and native biological communities in accordance with a management plan approved by the City in writing. 4. City Rights. In order to accomplish the purposes of this CTE & R, the City is granted the following rights: A. Other Sections. Those rights, uses and activities set forth in other sections of this CTE & R. B. Signs. The right to place on the Easement Areas signs that identify the land as protected by this CTE & R. C. Right to Enter. The right to enter the Easement Areas upon reasonable notice to the Owner for the following purposes: i. To inspect the Easement Areas and to monitor compliance with the terms of this CTE & R. ii. To obtain evidence for use in seeking judicial or other enforcement of this CTE & R. iii. To survey or otherwise mark the boundaries of all or part of the Easement Areas in order to determine whether there has been or may be a violation of this CTE & R. Any survey or boundary demarcation completed under this subsection will be at the City's expense. iv. Ecological Management. To manage or control diseased trees, noxious weeds and invasive species. v. To otherwise exercise its rights under this CTE & R. 5. Remedies. All rights and remedies under Minnesota Statutes 84.65 and 84C.03 and as from time to time amended are available to the City to enforce this CTE & R. Also, if there is a violation or breach of this CTE & R, the City may institute suit(s) to enjoin any violation of the CTE & R by instituting proceedings for ex parte, temporary and/or permanent injunction including prohibitory and/or mandatory injunctive relief and to require restoration of the Easement Area to the condition and appearance that existed prior to the violation complained of. The City shall also have available all legal and other equitable remedies to enforce Owner's obligations hereunder. Enforcement remedies shall comply with the following conditions: 6