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HomeMy WebLinkAbout2304• 1 3867837 zae 4 AGREEMENT THIS AGREEMENT, made and entered into this day 'of , 19709 by and between LEONARD M. SCHUMAN and MARIE T. SCHUMAN, h s and and wife, of the Village of Edina, Hennepin County, Minnesota, (hereinafter called "Ownerst0) and VILLAGE OF EDINA, a Minnesota municipal corporation, (hereinafter called "Edina "), WITNESSETH, THAT: WHEREAS, Owners are the owners of that certain property in the Village of Edina with street address of 17 Merilane, Edina, legally des- cribed as follows: West one -half of Lot 17, and the West one -half of the South 13 feet of Lot 16, "Rolling Green, Hennepin County, Minn. ", according to the recorded plat thereof, Hennepin County, Minnesota, (hereinafter called "Subject Property "); and WHEREAS, Owners desire to connect to the municipal water supply presently located on Interlachen Boulevard in the Village of Edina, and Edina is willing to allow such connection, on the terms and conditions hereinafter stated. NOW, THEREFORE, for and in consideration of One Dollar ($1.00) and other good and valuable consideration and of the mutual covenants and agreements herein contained, Owners and Edina do hereby agree as follows: 1. Owners hereby agree (i) to pay to Edina the sum of $1,228.50, plus interest at 8% per annum from and including the date hereof on the unpaid principal balance from time to time due and owing, as a consumer deposit, for the right and privilege of connecting to the Edina munici- pal water system presently available and in place on Interlachen Boule- vard; (ii) to pay said sum, with interest, in equal annual installments over a period of five years; (iii) to have said sum and interest charged by Edina as an assessment against the Subject Property payable over five years as aforesaid, such charge to be made with the next certification 1 I- JAN 1 8 1971 No. Registration Tax hereon of Dollars Pold KENNETH E. PETTIJOHN, CO. TREM. By%7oyv� �►-✓ Deputy. Countersigned: GEORGE B. HICKEY, County Auditor By ­I Deputy 4-f. •v M 'I'SE:mj 6 /17/70 of taxes to the Hennepin County Auditor; (iv) to pay said installments and interest with, in addition to, and in the same manner as other special assessments against the Subject Property; and (v) that non - payment of any such installment may be enforced against the Subject Property in the same manner as non - payment of other taxes and special assessments. 2. Edina agrees that Owners, upon execution hereof, may connect to said water system in Interlachen Boulevard, subject, however, to the applicable regulations and ordinances of Edina. 3. In the event a municipal water system is hereafter con- structed in Merilane, Owners agree that Edina may then impose a special assessment against the Subject Property for such water system as if the Subject Property were not, and without regard to the fact that the Subject Property may be, then connected to the water system in Interlachen Boulevard, and if such a special assessment be imposed, then, and in that event, said sum of $1,228.50 (but not, however, any interest thereon) shall be credited to such assessment against the Subject Property and reduce the amount of such assessment by the said sum. 4. The provisions hereof shall be deemed covenants running with the land and shall be binding upon all present and future owners and encumbrancers of the Subject Property. This instrument is exempt from State deed tax. IN WITNESS WHEREOF, the parties hereto have caused this instru- ment to be duly executed the day and year first above written. In Presence of: -2- Leonard M. Schuman dl Marie T. Sch man .. STATE OF MINNESOTA) VIL By And ,v�vvsvvvvv � -•.eti4s ��' •pQ } SS. COUNTY OF HENNEPIN) On this Af!�da of 1970, before me, a Notary Public within and for sai(j ou , personally appeared LEONARD M. SCHUMAN and MARIE T. SCHUMAN, sband and wife, to me known to be the persons described in and who executed the foregoing instrument and acknowledged that they executed the same as their free act and deed-. �,, ;• %�•1'�. RODGER V. THEW$�y •:� K + ^; Notary Public, Ramsey County, AuftlS' � t1� My Commission Expires May 8. 199'3., �$ 4• STATE OF MINNESOTA) ) SS, COUNTY OF HENNEPIN �L On this day of 01(�- f 1970, befor me, a Nota y Public within and for said County, personally appeared �J andl!' � to me personally known, who, being each by me 4du"Tey- sworn Oid,say that iey are respectively the and the of VILLAGE OF EDINA, the municipal ,'corporation named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said.cor oration by a hprity of �ts Village Council and said �,C� and acknowledged said instrument to be t e r act and deed of said Fo r= I �, ��AI This instrument was c!ra,'ted by Dorsey, Marquart, Winc.'horst, West & Halladay 2400 ist National Bank Bldg. Minneapolis, Pflinncsota 55402 -3- THJ),AA3 S. EIIJi1 Notary Public, Hennepin County,+«y, My Commission Expires July 20..1 "�4 T . I W 4 CONSENT The undersigned, the holder of a mortgage presently existing against the Subject Property as described in the foregoing agreement, hereby consents to the foregoing agreement and the terms and conditions thereof. In Presence of: STATE OF MINNESOTA ) .4 ,,�•• �' THE FIRST NATIONAL BANK OF S,AINTe1' fi :r• By Its .41Z L�- It ' SS. COUNTY OF RAMSEY ) On this day of , 1970, before me, a Notary Public withinjand for said Cnunty, personally appeared andG�. �J'�Gi�,�ccaJ to me personally known, who beinC each by me duly wor d'd sar that they are respectively the. and the - - c z' of THE FIRST NATIONAL BANK OF SAINT PAUL, the national bankin association named in the foregoing instrument, and that the seal affixed to said instrument is the seal of said association, and that said instrument was signed and sealed in behalf sa d association by authority of its. Board of Directors and said a, +�� Q¢ =,L and d`�1 J lq.�L4td�acknowled.ged said instrument to b the free act and ; 'y���� deed of said association. JESSIE U. SCHULTZ, Notary Public, Ramsey county, Minn. MY Commission Expires Jan. 16, 1976 i •, f JAN 16- i 7 g 3 , 4.00 :E OF REGISTER OF DFeEDS "E OF MINNESOTA COUNTY OF HENNEPiN eb certify that the within instrument y filed for record in this office on thO 18 day of JAN A.D. 1971 at 11 and was duty recorded in book of Henne in County Records ACTING EGISTER OF DEEDS �y DE UTY REGIS R OF DEEDS -34- 8 �S� r 0