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

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B. Timing. Unless otherwise specified in this CTE & R, any required notice or request for approval must be delivered at least 30 days prior to the date proposed for initiating the activity in question. C. Content. The notice or request for approval must include sufficient information to allow the City to make an informed decision on whether any proposed activity is consistent with the terms and purposes of this CTE & R. At a minimum this shall include (i) the location, nature and scope of the proposed activity, (ii) the proposed use, design and location of any building, structure or improvement and (iii) the potential impact on the Conservation Values of the Easement Areas. D. Approval. The City may withhold its approval if it determines that the proposal is inconsistent with the terms or purposes of this CTE & R or lacks sufficient information to allow the City to reach an informed decision. The City may condition its approval on the Owner's acceptance of modifications, which would, in the City' s judgment, make the proposed activity consistent with the CTE & R or otherwise meet any concerns. Failure of the City, or its successors or assigns shall not constitute an approval under any circumstances. 12. Covenants Run With Land. This CTE & R shall run with and burden the Easement Areas in perpetuity. The terms, covenants and conditions hereof shall run with the land and shall be binding on all present and future owners of the Easement Areas, and shall inure to the benefit of the City, its permitted successors and assigns. This CTE & R creates a property right immediately vested in the City and its successors and assigns that cannot be terminated or extinguished except as set out herein. 13. Extinguishment. If circumstances arise in the future that render the Purpose of this CTE & R impossible to accomplish, this CTE & R Easement can only be terminated or extinguished, whether in whole or in part, by judicial proceeding in a court of competent jurisdiction. The parties hereto agree that economic hardship on the part of the Grantee, or the owners, heirs, successors or assigns shall not be sufficient grounds for extinguishment or termination of this Easement. 14. Definitions. Unless the context requires otherwise, the term "Owner" includes, jointly and severally, the current owner or owners of the Easement Areas identified above and their personal representatives, heirs, successors and assigns in title to the Easement Areas. The term "City" includes its successors or assigns to its interest in this CTE & R. 15. Termination of Rights and Obligations. A party's rights and obligations under this CTE & R terminate upon the transfer or termination of that party's interest in this CTE & R or the Easement Areas, provided, however, that any liability for acts or omissions occurring prior to the transfer or termination will survive that transfer or termination. 16. Recording. The City will record this CTE & R in a timely manner with the Anoka County Recorder. The City may re-record this CTE & R or any other documents necessary to protect its rights under this CTE & R or to assure the perpetual enforceability of this CTE & R. 9