Agenda - Council - 04/11/2023 - Laserfiche WebLink

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method of valuation as the State and current Owner may agree upon; (11) unless and until the Property is sold with consent of the State, and the State is reimbursed as identified in (1) above, the use of the Property shall be limited solely to public use as passive open or green space, or other such uses as expressly authorized by the State in writing. (b) This Declaration and the covenants set forth herein restricting the use and occupancy and future sale of the land (1) shall be and are covenants running with, touching, and encumbering the Property, binding upon the Owner and all successors in interest or title, transferees, vendees, lessees, mortgagees, and assigns who are owners and/or users of the Property, and (11) are not merely personal covenants of the Owner or any successors. (c) Any and all requirements of the laws of the State of Minnesota to be satisfied in order for the provisions of this Declaration to constitute deed restrictions and covenants running with the land shall be deemed to be satisfied in full, and any requirements or privileges of estate are intended to be satisfied, or in the alternate, an equitable servitude has been created to ensure that these restrictions and encumbrances run with the land. 2. Enforcement. In the event of a breach or threatened breach of this Declaration, any party adversely affected by such breach shall be entitled to institute proceedings at law or in equity for relief from the consequences of said breach including seeking injunctive relief to prevent a violation thereof. 3. Superiority. The charges and burdens of this Declaration are, and shall at all times be, prior and therefore superior to the lien or charge of any mortgage or deed of trust hereafter made affecting the Property or any part thereof, including any improvements now or hereafter placed thereon, and notwithstanding a foreclosure or other voluntary or involuntary transfer of title pursuant to such instrument, shall remain in full force and effect, but are subordinate to the security interests of record on the Effective Date. 4. Release. Any person or entity having or acquiring fee or leasehold title to the Property, or any portion thereof shall be required to comply with and be bound by this Declaration and shall treat this Declaration as a Lien against the Property unless and until it is formally released by the State. 5. Notices. For purposes of subsequent conveyances, potential sale, or other need for consent from the State for the purposes set forth herein, the name, address in connection with such correspondence and notices to State shall be as listed below: Minnesota Department of Transportation Attn: Director, Metro District Right -of -Way 1500 West County Road B2 Roseville, MN 55113 651-234-7683 mndot.gov/