I contacted the city and I have a copy of the sale agreement entered into by the City of Lakeville and New Morning Windows in 1995. What is interesting is that this project was part of a special Housing and Redevelopment Authority (Minn Statute 469
https://www.revisor.mn.gov/statutes/?id=469&view=chapter).
Not sure if this helps at all that it was originally sold under this authority...:
469.040 TAX STATUS.
Subdivision 1.Declaration, essential public and governmental purposes.The property of an authority is public property used for essential public and governmental purposes
There was also the establishment of a separate restrictions and covenants section and property owners association consisting of the owners of the commercial properties - it does mention briefly the conservation easement in here also but no definitive explanation of why it was created...
The deed has the following text (Grantor = City of Lakeville; Grantee = New Morning Windows):
To have and to hold the same, together with all the hereditaments and appurtenances thereunto belonging in anyway appertaining, to the said Grantee, its successors and assigns, forever,
Provided:
...
Section 3:
The Grantee agrees for itself and its successors and assigns to or of the Property or any part thereof, hereinbefore described, that the Grantee and such successors and assigns shall:
(a) Devote the Property to, and only to an in accordance with the uses specified in any applicable Redevelopment Plan as amended and extended;
(b) Not discriminate on the basis of race, color, creed, national origin, or sex in the sale, lease, rental, or in the use or occupancy of the Property or any improvements erected or to be erected thereon, or any part thereof;
(c) Not cause the Property to be removed from the public tax rolls or to become exempt from assessment for general real estate taxes by reason of any conveyance, lease, abatement, or other action until the Maturity Date (as defined in the Agreement).
It is iintended and agreed that the above and foregoing agreements and covenants shall be covenants running with the land, and that they shall, in any event, and without regard to technical classification or designation, legal or otherwise, and except only as otherwise provided in this Deed, be binding, to the fullest extent permitted by law and equity for the benefit and in favor of, and enforceable by, the Grantor, its successors and assigns, and any successor in interest to the Property, or any part thereof against the Grantee, its successors and assigns, and every successor in interest to the Property, or any part thereof or interest therein, and any party in possession or occupancy of the Property or any part thereof.
In amplification, and not in restriction of, the provisions of the preceding section, it is intended and agreed that the Grantor and its successors and assigns shall be deemed beneficiaries of the agreements and covenants herein, both for and in their own right, and also for the purposes of protecting the interest of the community and the other parties, public or private, in whose favor or whose benefit these agreements and covenants have been provided. Such agreements and covenants shall run in favor of the Grantor without regard to whether the Grantos has at any time been, remains, or is an owner of any land or interest therein to, or in favor of, which such agreements and covenants relate. The Grantor shall have the right in the event of any breech of any such agreement or covenant to exercise all the rights and remedies and to maintain any actions or suits at law or in equity or other proceedings to enforce the curing of such breech of agreement or covenant, to which it or any other beneficiaries of such agreement or covenant may be entitled.