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AGREEMENT AND DECLARATION OF
COVENANTS AND RESTRICTIONS
(Connection of Water and Sewer Lines)
Carl M. Hansen Investment Company, a Minnesota
corporation ( "Owner ") is the record fee owner of the fol-
lowing property located in the City of Edina, Minnesota
(the "City "):
Lot 10, Block 1, Parkwood Knolls 15th Addition
according to the recorded plat thereof,
Hennepin County, Minnesota
(the "Property "); and
WHEREAS, a two family dwelling has been constructed
upon the Property and, pursuant to applicable ordinances, the
City has approved a division of the Property so that it may
be conveyed as two separate parcels with the portions of the
dwelling on the respective parcels, which two parcels are
described as follows:
]
Lot 10, said Block 1, except the North 85 feet
thereof,
and
The North 85 feet of Lot 10, said Block 1;
WHEREAS, the City, in connection with such
approval, and pursuant to its applicable ordinances, also
waived the ordinance requirement that each separate portion
of the dwelling as so divided have a separate and independent
connection with the water and sanitary sewer lines serving
each such portion to the public water and, sewer lines, but
conditioned upon execution and delivery of this Agreement
and Declaration of Covenants and Restrictions by Owner.
NOW/ THEREFORE, for and in consideration of such
waiver by the City, Owner, for himself, as such Trustee,
and for all future owners and occupants of the Property
and each such parcel thereof, does hereby:
1. Agree that the City shall not be liable
to any present or future owners or occupants of the Pro-
perty, or either of such parcels, for any damage or injury
to persons or property resulting from a lack of separate
and independent connections of each such portion of the
dwelling to the public water and sanitary sewer systems, and
all claims or demands against the City due to such damage
or injury are hereby waived and released;
2. Impose upon the Property, and each such
parcel thereof, the following covenants and restrictions:
a. the owners of each of such parcels of
the Property shall share equally with the owner of the -
other of such parcels in any and all costs incurred by
the owners of either of such parcels as a result of not
having separate and independent connections for each of
the re-:pective portions of the duelling to the public water
and sanitary sewer systems; and
-2-
b. that if each of the portions of the
dwelling are not separately metered, the owners of each of
such parcels of the Property shall share equally in all water
anO sanitary sewer charges made for supplying such services
to the Property, and that the City may determine charges
for water and sanitary sewer usage by allocating consumption
equally between said two parcels and totalling the separate
charges based on such allocation.
3. 'C:jree that the City may discontinue supplying
water and sanitary sewer services to the Property, and both
of said parcels, pursuant to applicable City ordinances,
for any delinquency in paying to the City the whole of any
water and sewer charges for such services to the Property,
even though such discontinuance is caused by the delinquency -
of the owners of only one of such parcels.
4. Agree that the provisions hereof shall run
with the title to the Property and shall be binding upon each
and every present and future owner and occupant -of all or
any part of the Property, and shall inure to the benefit
of the City and its successors and assigns.
5. Agree that if any term, condition, or provision
hereof, or the application thereof to any person or circum-
stance, shall, to any extent, be held to be invalid or unen-
forceable, the remainder hereof and the application of such
-3-
t
term, provision, and condition to persons or circumstances
other than those as to whom it shall be held invalid or
unenforceable shall not be affected thereby, and this
Agreement, and all the terms, provisions,, and conditions
hereof, shall, in all other respects, continue to be ef-
fective and to be complied with to the full extent per-
mitted by law.
IN WITNESS WHEREOF, the Owner has caused this
lnstru—.:2n`_ to dul,.' executed this 2=&4"`l�' Of
19 -.
CARL M. HANSEN INVESTMENT
COMPANY
By,,
Its
And
Its
STATE OF ;SIN`:ESOTA)
SS.
COUNTY OF
orego g instrument was ackno�, do of r
me thisd� day of 19 by
acrd o me known to be respective y the
_ of CARL M. HANSEN
INVESTMENT CO•iPANY, a Minnesota corporation, on behalf of
said corporation. _
No
LAWRENCE T. JOHNSON
�H. NOTAHY PUBLIC . MINNESOTA
HENNEPIN COUNTY
" My Commission Expires Sep. 4, 1982
'�"V'Y'Y"1�1/IrSI'c/Yrrllrr �w'� � r � v v v u � � eervrtrr �rl�
DIY :
Dor; t:!�,, "ind'horst, 1171nn,lford,
Whitney & Hailaday
2300 First National Lank BLiildincj
1` inne,11 oils, ',,innesota 55 -ItO2
Thomas S. Erickson
-41-
CONSENT
The undersigned, the buyer under Contract for Deed
of said Lot 10, Block 1, Parkwood Knolls 15th Addition, ex-
cept the North 85 feet thereof, does hereby agree and con-
sent to all of the terms and conditions of the Agreement
and Declaration of Covenants and Restrictions to which this
Consent is attached.
DATED: ;ter s , 1979.
O n
S hirley A. Grotting
STATE OF MINNESOTA)
) SS.
COUNTY OF HENNEPIN)
T foregoing instrume t was ackno���ledged before
me this j.Vday of _, 1979, by SHIRLEY A.
GROTTING, a single woma .
7
otary Public -
JUNE L. ENGLUND
Notary Public,, Hennepin County, Minn.
My Commission Expires Nov. 19, 1982