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Home My WebLink About25227024167 AGREEMENT This Agreement is made and entered into as of this R*, day of n1ov -*1b&- , 1998 by Ronald E. Hoekstra and Claudia Hoekstra, husband and wife of the County of Hennepin, State of Minnesota (hereinafter called the "Owners ") whose address is 7309 Gleason Road, Edina, Minnesota 55439 and the City of Edina, a Minnesota municipal corporation (hereinafter called "Edina "), whose address is 4801 West 50`h Street, Edina, Minnesota 55424, Attention: City Manager. RECITALS The Owners are the fee owner of certain property situated in Edina, County of Hennepin, State of Minnesota, which is legally described as follows: ""o Lot 8, Block 2, Schey's Park View Third Addition Said property shall hereinafter be called the "Premises." The Premises have been previously damaged by flooding. To reduce the risk of flood - related damage to the Premises, Edina has agreed at the cost and expense of Edina to install a new, separate storm drain extending from the south side of the Premises to the west and discharging off of the Premises (the "Edina Preventative Measures "). In order to further reduce the risk of flood - related damage to the Premises, Edina has proposed as a condition of undertaking the Edina Preventative Measures that the Owners place a berm or other structure with a height of approximately 18 inches above the existing grade around the perimeter of the existing at -grade back patio near the sliding glass doors on the east side of the lower level of the house located on the Premises (the "Owners' Preventative Measures "). Owners have determined not to undertake the Owners' Preventative Measures at this time and Edina has agreed to undertake the Edina Preventative Measures notwithstanding that the Owners are not undertaking the Owners' Preventative Measures at this time upon the condition that the Owners execute and deliver this Agreement. NOW, THEREFORE, in consideration of Edina undertaking and completing the construction of the Edina Preventative Measures, the Owners agreement to hold Edina harmless in the event they do not undertake the Owners' Preventative Measures and of other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged by Owners, the Owners agree as follows: 1. This Agreement shall run with title to the Premises and be binding on all present and future owners of the Premises until released by Edina in accordance herewith. 2. Upon completion of the construction of the Edina Preventative Measures by Edina, the Owners agree to release and hold harmless Edina and its officials, employees, agents and representatives from all claims, demands, damages, suits and causes of action, of every nature whatsoever arising out of or relating to flooding of the Premises, any damage or loss to property, both real and personal, taking of property, both real and personal, bodily injuries or deaths arising out of any flooding of the Premises or flood - related damage to the Premises caused in whole or in part from the inadequacy of the Edina Preventative Measures or from any acts or omissions, including negligent acts or omissions, of Edina or its officials, employees or agents, which acts or omissions occurred prior to the date of this Agreement. 3. Owners acknowledge that Edina does not in any manner insure, warrant or guarantee that the Edina Preventative Measures are adequate to reduce the risk of flood - related damages to the Premises or will prevent future flood - related damages to the Premises. 4. Any notice, demand or request by Edina to Owners shall be in writing and shall be deemed to have been duly given or made if mailed by registered or certified mail, return receipt requested, to Owners at its address set forth in the caption hereof, or at such other address as Owners may notify Edina of, in writing, by registered or certified mail, return receipt requested, at the address set forth in the caption hereof, or at such other address of which Edina shall have so notified Owners. Notice so mailed shall be deemed given and made upon deposit in the United States mail. 5. The Owners will cause this Agreement to be recorded in the real estate records of Hennepin County. Edina agrees that it will execute and deliver a release of this Agreement in recordable form upon completion of construction of the Owners' Preventative Measures. 6. This Agreement, for all purposes, shall be interpreted and construed in accordance with the laws of the State of Minnesota. The unenforceability or invalidity of any provision or provisions of this Agreement as to any persons or circumstance shall not render that provision nor any other provision or provisions herein contained unenforceable or invalid as to any other persons or circumstance, and all provisions hereof, in all other respects, shall remain valid and enforceable. CITY OF EDINA By Mayor And � j, 2 L City Mara -2- Ronald E. Hoekstra Claudia Hoekstra STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 1999, by and the Mayor and City Manager, respectively, of the City of Edina, a Minnesota municipal corporation, on behalf of the corporation. Notary OMBRA A. MAN NOTARY Pl1BUC- MINNESOTA COAAMISSION EXPIRES 1.31 Op -3- c STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ;Vkk day of Noyuw,b -rr- , 1998, by Ronald E. Hoekstra and Claudia Hoekstra, husband and wife. Drafted Instrument Drafted By: DORSEY & WHITNEY LLP (JPG) 220 South Sixth Street Minneapolis, Minnesota 55402 -4- MOM= , . ,. r••, CHRISTOPHER S. HAYHOE �\ NOTARY PUS • MINNESOTA MY COMMISSION EXPIRES JANUARY 31, 2000 1 >>C s 702416 21DEC9810:14 Or4167 SCD $4.50 21DEC9810:14 A7024167 NSD $10.00 21DEC9810.14 A7024167 DQC $16.00 7024167 #i C'. J. I., .... 1 -- BMX 3 -/ 8 .A EASEMENT FOR STORM SEWER THIS INSTRUMENT, made this ZW, day of Nn ve -w�(a -ter' 7482916 1998, by and between Ronald E. Hoekstra and Claudia Hoekst la, husband and wife, of the County of Hennepin and State of Minnesota, parties of the fist part, and the City of Edina, a municipal corporation organized under the laws of the State of Minnesota, party of the second part; WITNESSETH, that the said parties of the first part, in consider4tion of One and No /100 Dollars ($1.00), to them in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, do grant, bargain, sell, convey and warrant to said party of the second part an easement in perpetuity for storm sewer purposes, including the right to enter for the purpose of constructing, maintaining, altering, repairing and reconstructing a storm sewer system in, under, and over the following described property situate in the County of Hennepin and State of Minnesota, to wit: storm Sewer Easement - 7309 Gleason Road Said easement is described as follows: An easement for storm sewer purposes over the southerly 10' of Lot 8, Block 2, Schey's Park View Third Addition. It is the intention and agreement of the parties hereto that the porty of the second part shall in the construction, or maintenance of said storm sewer, replacQ any shrubs or sod removed by any excavation in connection with such construction or maintenance work, in as nearly as possible the same condition as before such excavation. TRANSFER ENTERED HENNEPIN COL)NTY TAXPAYER SERVICES MAR 1999 Y WNN. eY D=PUrY IN WITNESS WHEREOF, the said parties of the first part have hereunto set their h e day and ye r first ove written. AND R*.id . Hoekstr STATE OF MINNESOTA) )SS COUNTY OF HENNEPIN) On this day of r400p,� Claudia Hoekstra 1998, before me a Notary Public within and for said County personally appeared: Ronald E. Hoekstra and Claudia Hoekstra, husband and wife; to me known to be the persons described in and who executed the foregoing instrument and acknowledge that they executed the same as their free act and deed. (Notarial Seal) •«••. CHRISTOPHER S. HAYHOE ^' NOTARY PUBLIC • MINNESOTA 4 MY COMMISSION EXPIRES �. .• JANUARY 31, 2000 "Exempt From State Deed Tax" This instrument was drafted by: City of Edina 4801 W. 50th Street Edina, MN 55424 9Y 7082916 23MAR9915:17 D7082916 ':-'ICD $4.50 -7` MAR9915:117 07082916 NSD $10.00 .,MAR9915:17 D7082916 DOC $17.00 m REC FEE COPY FEE " 23 3: 21 7082916 REC. 7$N- say DEPUTY h r')A DORSEY & WHITNEY LLP F-II"'Rj MINNEAPOLIS PILLSBURY CENTER SOUTH NEW YORK WASHINGTON, D.C. 220 SOUTH SIXTH STREET DENVER LONDON MINNEAPOLIS, MINNESOTA 55402 -1498 SEATTLE BRUSSELS TELEPHONE: (612) 340 -2600 FgRGO HONG KONG FAX: (612) 340 -2868 BILLINGS DES MOINES ROCHESTER JEROME P. GILLIGAN MISSOULA (612) 340 -2862 COSTA MESA FAX (612) 240 -2644 GREAT FALLS gilligan.jerome@dorseylaw.com February 9, 1999 Mr. Fran Hoffman City of Edina 4801 West 50' Street Edina, MN 55424 Re: 7309 Gleason Road - Ronald and Claudia Hoekstra Dear Fran: Enclosed for your records is the recorded copy of the Agreement between the City and Ronald and Claudia Hoekstra. If you have any questions, please feel free to call me. Yours truly /Ilfero e P. Gillig JPG:cmn Enclosure