HomeMy WebLinkAbout2191AGREEMEN -T 4708006
THIS AGREEMENT, made this day of 1982, by
and between the CITY OF EDINA, a municipal corporation of the State of
Minnesota ( "Edina "); HOUSING AND REDEVELOPMENT AUTHORITY OF EDINA,
MINNESOTA, a body politic and corporate under the laws of the State of
Minnesota ( "HRA"); and HEDBERG E SONS CO., a Minnesota corporation
("Hedberg");
WITNESSETH:
WHEREAS, Hedberg has conveyed to HRA by Warranty Deed dated of
even date herewith the premises situated in Hennepin County, Minnesota,
legally described as follows:
That part of the West one -half of the Northwest Quarter
of the Northeast Quarter of the Southwest Quarter of
Section 32, Township 28, Range 24 West of the Fourth (4th)
Prime Meridian, Hennepin County, Minnesota, which lies
North of the Westerly extension of the south line of Park-
lawn Avenue as platted in Ebenezer Society First Addition
(hereinafter called "Parcel A "); and
That part of the East one hundred sixty (160) feet of
the Northwest Quarter of the Southwest Quarter of Section
32, Township 28, Range 24 West of the Fourth ( 4th ) Prime
Meridian, Hennepin County, Minnesota, which lies North of
the Westerly extension of the south line of Parklawn Avenue
as platted in Ebenezer society First Addition (hereinafter
called "Parcel B11); and
WHEREAS, Hedberg is the owner in fee of certain premises situated in
Hennepin County, Minnesota, legally described as follows:
The Northwest Quarter (NW 1/4) of the Southwest Quarter
(SW 1/4) of Section 32, Township 28, Range 24, except
that part of the East one hundred sixty (160) feet thereof
lying North of the Westerly extension of the South line of
Parklawn Avenue as platted in Ebenezer Society First
Addition (hereinafter called "Parcel C"); and
That part of the West one -half of the Northwest Quarter
of the Northeast Quarter of the Southwest Quarter of
Section 32, Township 28, Range 24, lying south of the
Westerly extension of the south line of said Parklawn
Avenue (hereinafter called "Pared D"); and
WHEREAS, as part of the consideration for the conveyance by Hedberg
to HRA of Parcel A and Parcel B, HRA has agreed to pay or cause to be paid
all of the special assessments for the original extension of Parklawn Avenue as
platted in Ebenezer Society First Addition, according to the plat thereof on
file and of record in the office of the Register of Deeds in and for Hennepin
County, Minnesota, including public water main, sanitary sewer, storm sewer,
curb and gutter, sidewalk, grading and graveling, permanent street surfacing,
and street lights (the "Original improvements ") through Parcel A; and
WHEREAS, in consideration of the foregoing agreement of HRA, Hedberg
has agreed that when the Original Improvements are constructed through
Parcel B, Edina may levy all of the special assessments for the Original Improve-
ments for the extension through Parcel B against Parcel C and Parcel D, and no
special assessments for said Original Improvements through Parcel B shall be
levied against Parcel A or Parcel B; and
WHEREAS, it is the desire of and is to the mutual benefit of all parties
hereto now to determine the premises against which the special assessments for
the Original Improvements shall be levied;
NOW, THEREFORE, in consideration of the mutual covenants and agreements
below set out, and other good and valuable consideration, the receipt and sufficiency
of width is hereby acknowledged by all parties hereto, all parties hereto agree
hereby as follows:
1. In the event that the Original Improvements are constructed through
Parcel A, Edina shall not levy any special assessments for those Original Improve-
ments against Parcel C or Parcel D, but said special assessments shall be paid
or caused to be paid by HRA to Edina.
2. In the event that the Original Improvements are constructed through
Parcel B, Edina may levy all of the special assessments for the Original Improve-
ments through Parcel B against Parcel C and Parcel D. In the event that these
special assessments are levied, one half of the total principal amount for said
special assessments shall be levied against Parcel C and the remaininq one half
shall be levied against Parcel D. These special assessments shall be levied
according to the then normal City practices as to the assessment period and
the interest rate.
3. Hedberg, its successors and assigns, waives the right to contest or
object to the assessment process or any defects therein or failures to comply with
the statutory requirements therefore for the Original Improvements through
Parcel B.
4. All improvements and maintenance costs made or incurred by Edina or
HRA after the Original Improvements are constructed shall not be subject to
this Agreement.
5. This Agreement shall be recorded in the office of the County Recorder
and the Registrar of Titles in Hennepin County, Minnesota, so as to give construc-
tive notice of its terms and conditions, for it is the intention of the parties hereto
that the above and foregoing agreements and covenants shall be covenants running .
-2-
with the land and shall be binding, to the fullest extend permitted by law and
equity, upon the present and future owners and encumbrancers of all or any
part of Parcels A, B, C, and D. The agreements and covenants of this Agree-
ment shall run in favor of, and be enforceable by, Edina (without restricting
enforceability by Hedberg or HRA) and benefit Edina without regard to whether
Edina has at any time been or is an owner of any land or interest therein to
which such agreements and covenants relate.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to
be duly executed the day and year first above written.
CITY OF I N
By
Its Mavorj .
No delinquent taxes and transfer entered
DEPARTMENT OF PROPERTY TAXATION
HENNEPIN Cti?1NT`t` s'aS#?+N.
BY
This certificate dons not relate to taxes for the current year.'
which may or may not be paid
-3-
ger
HEDBERG & SONS Co�.e Coy
By N h
. a
Its
HOUSING &'REDEVELOPMENT AUTHOR-
ITY OF ED NA, MINNE OTA
By �•
Its Chairm
And 'f'1
Secretary
INSTRUMENT WAS DRAFTED
, . B�.
THIS INS rl r%�-
and
•f, f- it v
STATE OF MINNESOTA:
SS
COUNTY OF HENNEPIN:
The foregoing instrument was acknowledged before me -this / 97 day
of 40A-z'e_4 , 1982, by C. WAYNE COURTNEY and KENNETH E.
ROSLAN D, Mayor and Manager, respectively, of CITY OF EDI NA, a munici-
pal corporation, on behalf of the City.
STATE OF MINNESOTA:
SS
COUNTY OF HENNEPIN:
The foregoing instrument was acknowledged before me this /9/4day
of q0,6�ij 1982, by /gyp( Jf% f(A_o and
the Sew i`-,w and ���s „le,✓�- _ respectively of
HEDBERG SONS CO., a Minnesota corporation, on behalf of the corporation.
�;'' °��;•. CRAIG L. LARSEN
NOTARY PUBLIC MINNESOTA
HENNEPIN COUNTY
'..: My Commission Expires Sept. 15, 1984
STATE OF MINNESOTA:
SS
COUNTY OF HENNEPIN:
"e foregoing instrument was acknowledged before me this /g /day
of 1982, by L/_, u the Chairman
and ,.��Ne A. JI-F , the Secretar4y of HOUSING REDEVELOPMENT
AUTHORITY OF EDINA, MINNESOTA on behalf of said corporation.
CRAIG L. LARSEN
` 't +a' ` NOTARY PUBLIC - MINNESOTA
`_ HENNEPIN COUNTY
'� My Commission Expires Sept. 15, 1984
+h
CRAIG L. LARSEN
NOTARY PUBLIC MINNESOTA
HENNEPIN COUNTY
My Commission Expires Sept. 15,1984
STATE OF MINNESOTA:
SS
COUNTY OF HENNEPIN:
The foregoing instrument was acknowledged before me this /9/4day
of q0,6�ij 1982, by /gyp( Jf% f(A_o and
the Sew i`-,w and ���s „le,✓�- _ respectively of
HEDBERG SONS CO., a Minnesota corporation, on behalf of the corporation.
�;'' °��;•. CRAIG L. LARSEN
NOTARY PUBLIC MINNESOTA
HENNEPIN COUNTY
'..: My Commission Expires Sept. 15, 1984
STATE OF MINNESOTA:
SS
COUNTY OF HENNEPIN:
"e foregoing instrument was acknowledged before me this /g /day
of 1982, by L/_, u the Chairman
and ,.��Ne A. JI-F , the Secretar4y of HOUSING REDEVELOPMENT
AUTHORITY OF EDINA, MINNESOTA on behalf of said corporation.
CRAIG L. LARSEN
` 't +a' ` NOTARY PUBLIC - MINNESOTA
`_ HENNEPIN COUNTY
'� My Commission Expires Sept. 15, 1984
V08006
8 0 6 000.0020
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1962 MAR 29 PM 3: 59
AS VCcUMENT # 7 006
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