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AGREEMENT AND RESTRICTIVE COVENANT <br />THIS AGREEMENT is made and entered into this day of , <br />2023, between the City of Ramsey, a Minnesota municipal corporation, ("the City"), and <br />the Metropolitan Council, a public corporation and political subdivision of the State of <br />Minnesota, ("the Council") . <br />WHEREAS, the City has acquired fee fitle in the real property described in Exhibit A <br />attached hereto and incorporated herein; and <br />WHEREAS, the Council has contributed funds toward the acquisition of the City's interest in <br />the real property pursuant to the Council's Loan Program and a Loan Agreement between the <br />Council and the City as authorized by Minnesota Statutes section 473.167; and <br />WHEREAS, the Loan Program was established to provide for the acquisition of property within <br />the right -of way of a state trunk highway shown on an official map when necessary to avoid <br />imminent conversion of such property to a use which would jeopardize the property's <br />availability for highway construction. <br />NOW, THEREFORE, in consideration of the loan made by the Council to the City and in <br />consideration of the mutual agreements and covenants, the Council and City agree as follows: <br />1. No sale, lease, mortgage, or other conveyance, nor the creation of any easement, <br />restriction or other encumbrance against the real property described in Exhibit A <br />shall be valid for any purpose unless the written approval of the Council, or its <br />successors, is duly filed and recorded at the time of the filing and recording of the <br />instrument to which such approval pertains. <br />2. The real property described in Exhibit A shall not be used for any purpose except the <br />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 <br />successors, shall consent to such other use or uses by instrument in writing duly filed <br />and recorded and designating the nature, extent and duration of the use for which such <br />consent is given. <br />