HomeMy WebLinkAbout2620December 19, 2006
Sharon Allison
City of Edina
4801 W. 50th Street
Edina, Minnesota 55424
Re:
Dear Sharon :
Attached is a sta
recorded in the Office of
14, 2006 at 3 p.m. as Dc
The original will
Enclosures
cc: Jerry Gilligan
HORSEY
deEtt Allen
Senior Paralegal
(612) 340 -2882
FAX (612) 340 -2644
allen.deeft@dorsey.com
with Nine Mile Village Townhouse Association
d copy of the above captioned Agreement, dated May 2, 2006,
Registrar of Titles of Hennepin County, Minnesota, on December
lent No. 4337355 on Certificate of Title No. 475185.
returned at a later date.
Very truly yours,
deEtt Allen
DORSET/ & WHITNEY LLP • WWW.DORSEY.COM • T 612.340.2600 • F 612.340.2868
SUITE 1500 • 50 SOUTH SIXTH STREET - MINNEAPOLIS, MINNESOTA 55402 -1498
USA CANAn^ EUROPE ASIA
Doc No 4337355 12/14/2006 03:00 PM
Certified filed and or recorded on above date:
Office of the Registrar of Titles
Hennepin County, Minnesota
Michael H. Cunniff, Registrar of Titles
TranslD 276880
Deputy 13
New cert Cert
Fees
475185
$1.50 AF
$10.50 STATEFEE
$34.00 TDOCFEE
$0.00 TSUR
$2.00 COPY
$48.00 Total
This Agreement
MILE VILLAGE TOW]
(hereinafter called the "(
(hereinafter called "Edir
Attention: City Manage
AGREEMENT
s made and entered into as of this -,4w day of May, 2006 by NINE
[HOUSE ASSOCIATION, a Minnesota nonprofit corporation
,weer ") and the CITY OF EDINA, a Minnesota municipal corporation
e'), whose. address is 4801 West 5& Street, Edina, Minnesota 55424,
RECITALS
The Owner is the fee owner of certain property situated in Edina, County of Hennepin,
State of Minnesota, which is legally described as follows:
Lot 1, Block 23, Nine Mile Village
Said property shall herei #after be called the "Premises."
The Owner is the townhouse association for the Nine Mile Village Townhomes (the
"Townhomes ").
Edina is undertaking certain improvements to replace and enhance the City's water main
(the "Water Improveme s") located on the Premises and elsewhere that provides water service
to the Townhomes, and t e construction of the Water Improvements will disturb certain of the
private roadway and boulevards located on the Premises and elsewhere.
Owner has reque ted that in conjunction with the Water Improvements the City undertake
certain improvements to the roadways and boulevards on the Premises (the "Road
Improvements ") that go beyond the scope of the construction necessary to restore the roadways
and boulevards disturbed by the Water Improvements.
Owner is reques
savings and efficiencies
conjunction with the Cif
The costs of the
Townhomes pursuant to
As a condition of
execution of this Aareem
ig that the City undertake the Road Improvements because of cost
- sulting from the Road Improvements being constructing by the City in
's construction of the Water Improvements.
Improvements will be assessed by the City against the individual
iesota Statutes, Chapter 429.
lertaking the Road Improvements the City has required the
by the Owner.
NOW, THEREF , in consideration of Edina undertaking and completing the
construction of the Road 7sEreby ovements and of other good and valuable consideration the receipt
and sufficiency of which acknowledged by Owner, the Owner agrees as follows:
1. This Agrf
and future owners of the
2. Owner acl
Road Improvements by t]
located on the Premises s
responsible for the maint
shall not make any claim
the roadways or boulevai
3. The
Hennepin County.
4. This Agree
with the laws of the State
provisions of this Agreem
nor any other provision or
persons or circumstances,
enforceable.
t shall run with title to the Premises and be binding on all present
ises until released by Edina in accordance herewith.
)wledges and agrees that notwithstanding the construction of the
City, the private roadways and boulevards serving the Townhomes
11 be owned by the Owner and the City shall not in any manner be
mce, snowplowing, repair or the rebuilding thereof, and the Owner
demand upon the City that the City maintain, plow, repair or rebuild
on the Premises.
will cause this Agreement to be recorded in the real estate records of
ant, for all purposes, shall be interpreted and construed in accordance
Minnesota. The unenforceability or invalidity of any provision or
t as to any persons or circumstance shall not render that provision
ovisions herein contained unenforceable or invalid as to any other
d all provisions hereof, in all other respects, shall remain valid and
2
STATE OF
COUNTY OF
The foregoing i
2006, by JQA,,.A IL ,
Manager, respectively,
corporation.
DEBRA A. W
NOTARY PUMIGM
My Commission Expires
STATE OF
COUNTY OF
On this ,X!!6 day i
1 1 " F% _ 1
My
Instrument Drafted By:
DORSEY & WHITNEY
50 South Sixth Street, SL
Minneapolis, Minnesota
NINE MILE VILLAGE TOWNHOUSE
ASSOCIATION
a ----
01 WE MR
N L 0—: -
rvnaw
WWWRIM
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OR � ✓' LiL v
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) ss.
IN )
nunent was acknowledged before me thisamA day of J v-4\ -a - ,
W La.ti.d and the Mayor and City
the City of Edina, a Minnesota mutircipal corporation, on behalf of the
�tiV
ESOTA
31, 2010
Notary Public
'A )
) ss.
[N )
er f , 2006, before me the undersigned, persoiWly appeased
and eIbejc N �XA C 5: v-S , known to me to be the
C s( eAt4V of Nine Mile Village Townhouse Association.
)ta
d
263 Notary Public
, 2010
LLP (JPG)
ite 1500
55402
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