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WHEREAS, the Owner owns a parcel of land in the City legally described in Exhibit A <br />attached hereto and made a part hereof (the "Owner Tract"), and wishes to grant to the City a <br />Conservation and Trail Easement and Restrictions (the "CTE & R") over part of the Owner <br />Tract, consistent with the above -named State statutes and City policies, and United States <br />Internal Revenue Code (IRC) 170 (h). <br />NOW THEREFORE, for good and valuable consideration, the Owner, pursuant to the <br />aforementioned Statutes, Policies and Code conveys to the City, its permitted successors and <br />assigns, the CTE & R. TO HAVE AND TO HOLD THE SAME, together with all the <br />hereditaments and appurtenances thereunto, forever upon the following terms and conditions. <br />THE FOLLOWING TERMS AND CONDITIONS SHALL APPLY TO THE CTE & R <br />AND EASEMENTS AREAS: <br />L Scope of Easement. <br />A. Purpose. The purpose of this CTE & R is to preserve and protectin <br />perpetuity the Conservation Values of the Easement Areas by confining <br />the development, management and use of the Easement Areas to activities <br />that are consistent with the preservation of the Conservation Values, by <br />prohibiting activities that significantly impair or interfere with the <br />Conservation Values, and by providing for remedies in the event of any <br />violation of this CTE & R (the "Purpose"). <br />The teens of this CTE & R are specifically intended to provide a significant <br />public benefit by: <br />• Preserving the open and natural character of the Easement Areas for <br />scenic enjoyment by the general public from views from private properties <br />and streets and by use of the general public when accessing the Easement <br />Areas by trail. <br />• Providing wildlife a contiguous corridor for habitat which connects to <br />other areas of open space, streams and wetlands. <br />• Protecting water quality by maintaining a natural buffer between Trott <br />Brook and the adjoining land uses. <br />(the "Conservation Values.") <br />B. Land Burdened. The CTE & R burden, and run over, on and across, the <br />tracts of land lying and being in the County of Anoka and State of <br />Minnesota, described and depicted in Exhibit B attached hereto and made <br />a part hereof (the "Easement Areas"), which Easement Areas are part of <br />the Owner Tract. <br />2 <br />