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DECLARATION OF RESTRICTIVE COVENANT <br />THIS DECLARATION is made this 19thday of seotember , 2011, by <br />Elk River Landfill, Inc,.a wholly-owned sub- ("Declazant"). <br />sidiary of Waste Management, Inc. (Wffi) and the owner and operator <br />RECITALS: of Elk River Landfill (Landfi <br />A. Declazant is the owner of a parcel of real property legally described on attached <br />Exhibit A, situated in the City of Elk River, Sherburne County, Minnesota (the "Property"); <br />B. For good and valuable consideration, the adequacy and receipt of which aze <br />hereby acknowledged by Declazant, Declarant desires to place certain restrictions on the use of <br />the Property as described in this Declazation; and <br />C. It is the intent of this Declazation of Restrictive Covenant to restrict usage of the <br />Property as provided herein for the period of time provided herein. <br />NOW, THEREFORE, Declarant makes the following declaration: <br />DECLARATION <br />1. Restrictive Covenant. For a period of forty (40) yeazs from the date hereof and <br />except as otherwise provided herein, no owner or occupant of the Property may use all or any <br />portion of the Property for the deposit of waste, including, but not limited to, Solid Waste, under <br />any circumstances. <br />2. Leval Effect. The restrictive covenant set forth in paragraph 1: <br />A. is a covenant Homing with the land; <br />B. binds Declazant and every other owner and occupant of all or any <br />portion of the Property for a period of forty (40) yeazs from the date hereof; and <br />C inures to the benefit of the City of Ells River, its successors and <br />assigns, and to the benefit of the owners of all properties located within one (1) <br />mile of the Property, and to their successors, grantees and assigns. <br />D. Upon the conveyance of all or any part of the fee title to the <br />Property, each and every grantee, by accepting such conveyance, will thereby be <br />bound by this Declaration. <br />