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Home My WebLink About2122i AGREEMENT (Conditions to Variance) [Lot 3, Auditor's Subdivision 1761 THIS AGREEMENT, Made and entered into this day of �:5 1 , 1980, by and between DAN SADOWSKI and CHARLOTTE M. SADOWSKI, husband and wife, of 4359 Brookside Avenue, Edina, Minnesota (herein called "Owners ", whether one or more), and CITY OF EDINA, a Minnesota municipal corpo- ration ( "City "); WITNESSETH, THAT: WHEREAS, Owners are the fee owners of certain real property ( "Property ") located in the City of Edina, County of Hennepin, State of Minnesota, legally described on Ex- hibit A attached hereto and hereby made apart hereof; and WHEREAS, there is presently to be constructed upon the Property one (1) single family dwelling with attached garage (hereinafter called the "Improvements "); and WHEREAS, Owners have requested that the City allow construction of the Improvements even though the Property does not presently have frontage on a public street as re- quired by City Ordinance No. 811; and WHEREAS, the City did, on August 7, 1980, in case No. B- 80 -32, grant the requested variance because strict enforcement of the City ordinances would, in this case., cause undue hardship because of circumstances unique to the Property, and the grant of such variance has been determined by the City to be in keeping with the spirit and intent of the applicable ordinances, but subject to the execution, delivery, and recording of this Agreement, and only upon the conditions hereinafter set out in this Agreement; and WHEREAS, Owners are agreeable to the granting of the variance subject to the conditions hereinafter set out, and are willing, and represent that they have the power and authority, to enter into this Agreement. NOW, THEREFORE, in consideration of the granting by the City of the above requested variance, and of the mutual covenants and agreements hereinafter contained, it is hereby agreed by and between the parties hereto as follows: 1. The City hereby confirms that it did, as above stated, grant a variance from its applicable ordinances whereby the Improvements can be constructed upon the Property even though the Property does not now front upon a public street, subject, however, to the following terms and condi- tions of this Agreement. 2. Owners, for themselves and all present and future owners and occupiers of the Property, (i) hereby agree that the City, and its elected and appointed officers, officials, employees and representatives, shall have no liability or obligation for damage or injury of any kind whatsoever to any person or persons whomsoever or property whatsoever occurring on or about.the Property due to or resulting from the grant of the said variance or the lack of public street frontage for or public street access to the Property as required by City ordinances, and (ii) hereby release and waive any and all claims, demands and causes of action against the City and its elected and ap- pointed officers; officials, employees and representatives, that they may now or hereafter have or claim to have due to or arising out of or claimed to be due to or arise out of the grant of the said variance or the lack of public street frontage for or public street access to the Property as required by City ordinances. 3. If any term, condition, or provision of this Agreement, or the application thereof to any person or circum- -2- stance, shall, to any extent, be held to be invalid or un- enforceable, the remainder hereof and the application of such term, provision, and condition to persons or circum- stances 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 effec- tive and to be complied with to the full extent permitted by law. 4. The terms and provisions hereof shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns, and shall run with the title to the Property and be binding upon all pre- sent and future owners of the Property. References herein to Owners shall mean and include each and all parties desig- nated herein as Owners, and, if more than one, their lia- bility hereunder shall be joint and several, and if there be at any future time more than one owner: of the Property, all of such then owners, while they are such owners, shall be jointly and severally liable for all obligations under this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be duly executed the day and year first above written. DAN SADOWSKI 00JI00, 711. CHARLOTTE M. SADOWSKI OWNERS, -3- STATE OF MINNESOTA ) SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 1980, by DAN SADOWSKI and CHARLOTTE M. SADOWSKI, husband and wife. "NOTARY PUB L k VIN HF ofSOTA Nr wt _ N Coo 1:4 T C r n >a,: f�q et 1)et L 1485 STATE OF MINNESOTA ) SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this Th day of , 1980, by JAMES VAN VALKENBURG and KENNETH ROSLAND, Mayor and Manager, re- spectively, of CITY OF EDINA, a Minnesota municipal corpora- tion, on behalf of the said municipal corporation. -------------- • 0 CRAIG L. LARSEN !' t NOTARY PUBLIC - MINNESOT4 ` HENNEPIN COUNTY This instrument was drafted by: MyCommissionExpiresSept.15,19$R 00 0000000--f-M-0 povv#!'j DORSEY, WINDHORST, HANNAFORD, WHITNEY & HALLADAY (TSE) 2300 First National Bank Building Minneapolis, MN 55402 -4- I EXHIBIT A To Agreement (Conditions to Variance) between DAN SADOWSKI and CHARLOTTE M. SADOWSKI, husband and wife, and CITY OF EDINA Lot 3, Auditor's Subdivision One Hundred Seventy -six (176), Hennepin County, Minnesota, according to the plat thereof on and or of record in the office of the County Recorder in and for Hennepin County, Minnesota. i 1398760 �= R[GISTc?m VoClff� -- COPY OFFICE OF THE REGISTRAR OF TITLES HENNEPIN COUNTY. MINNESOTA CERTIFIED FILED ON OCT 1.0 1980 REGISTRAR OF TITLES BY DEPUTY 4� cr u