Agenda - Council - 11/22/2022 - Laserfiche WebLink

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EXHIBIT B RAC, F' 40,44 - f- AGREEMENT AND RESTRICTIVE COVENANT THIS AGREEM ENT is made and entered into this 1151day of re , 2012, between the City of Ramsey, a Minnesota municipal corporation, ("the City"), and the. Metr • s olitan Counoil, a ' 'political subdivision of the State of Minnesota, ("the Counoil"). Ake - WHEREAS, the City has acquired ' attached -hereto and incorporated herein; and WHEREAS the Council has contributed funds toward the acquisition of the City's interest in the real property Purstiarst to the Council's Loan Program and a Loan Agreement between the Council and the City as authorized by Minnesota Statues section 473.167; and ro ram was established toprovide for the acquisition of property within the wHE1�AS,theEoan�' g . right-of-way of a state trunk highway shown *on an official ma when necessary to [avoid imminent � property's for highway conversion of such property to a use which would jeopardize the availability g y construction OR to avoid hardship for owners of homestead property located in a proposed state :trunk highway right-of-way or project]. NOW, THEREFORE, in consideration of the loan made by the Council to the City'and in consideration of the mutual agreements and covenants, the Council and City agree as follows: in the zeal property described in Exhibit A 1. No sale; lease mortgage, or other conveyance, nor the creation of any easement, restriction or other encumbrance against the real property described' in Exhibit A shall be valid for any purpose unless the written approval of the Council, or its successors, is duly filed and recorded at the time of the filingand recordingofthe instrument to which such approval pertains. Notwithstanding the foregoing, the Council consents to permanent and temporary easements needed for the construction of the Northstar Commuter rail station outside the BNSF right of way. The P ermanent easement will be given to the Metropolitan Council as the owner and maintainer of the rail. station after its completion. 2, The real property described in Exhibit A shall not be use4 for any purpose except the construction of TH 10 from approximately Armstrong Boulevard to the Ran .sey-Anoka City boundary and bounded to the north by the. BNSF rail line unless the Council, or its successors, shall consent to such other use or uses b3 instrument in writing duly.filed and recorded and designating the nature, extent and duration of the use for which such consent is given. This Agreement and Restrictive Covenant may be enforced by the Council, its successors, or by any citizen residing within the metropolitan area as defined by appropriate action in the. courts of the State of Minnesota. ' IN WITNESS WHEREOF, the parties have caused this instrument to be' executed in their respective names all as of the above date. METROPOLITAN COUNCIL By '' Regional Administrator CITY OF RAMSEY B ' By Kurt Ulrich, City Administrator