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HomeMy WebLinkAbout786�� ���R �� r NUK2247 PAGE 418 222040 DECLARATION WHEREAS, sometimes hereinafter called the "Declarants" are the fee owners of the following described property situate in the Village of Edina, County of Hennepin, State of Minnesota, legally described as follows, to -wit: West 870 feet of E 987 feet of S 150 feet of North 880 feet of Govt. Lot 3 Sec. 4-116 -21 Parcel #4500 WHEREAS, said property has been, or will be improved by the construction of only one residence thereon, in accordance with the provisions of the Warranty Deeds transferring the property from farm use to residential use, WHEREAS, the Village of Edina has constructed a trunk sanitary sewer to service the above. described and other property, WHEREAS, the Village of Edina is willing to assess the cost of the installation of said trunk sanitary sewer on the basis that only one residence may be constructed on each tract of land or lot at $. 675.00 rather than $ 1,809.00 which was computed on total acreage. NOW, THEREFORE, in consideration of the Village of Edina assess- ing the above described property on a tract or lot basis rather than on a front foot basis and in further consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by said Declarants, said Declarants do hereby impose upon the above described property the following covenant and restriction: 1. The above described property shall not be improved by the construction of another residence thereon except for the construction of a residence built to replace the existing residence so that at no time shall said property be improved by more than one residence thereon. 2. This covenant and restriction shall run with the land above described and shall be binding upon the heirs, representatives and assigns of said Declarants for a period of thirty (30) years from the date thereof. 3. This covenant and restriction shall be for the benefit of the Village of edina and the Village of Edina shall have the right to enforce the same in law or in equity and shall not be obligated at any time during the LI u . " DE 419 existence of this covenant and restriction to issue a building permit for said above described property for the construction of another residence thereon save and except for the construction of a new residence to replace the existing residence on said property. if the property does not now have a residence, then the Village of Edina will issue a permit for only one residence. 4. if Declarants wish, in the future, to subdivide this property in accordance with Village platting requirements, the Village of Edina reserves the right to levy the balance of the original assessment at $675.00 per acre against this property. IN TESTIMONY WHEREOF, Declarants have hereunto set their hands this L day of _, 195. In Presence Of; STATE OF MINNESOTA) )SS COUNTY OF HENNEPIN) On this ;! day of -""f 1959, before me, a Notary Public within and for said County, personally appeared to me known to be the pelrsonr described irjgd the foregoing instrument, and acknowledged that they Ce "theks their free act and deed. T1T�� STANLEY I. MINDE, Notary Public, Hennepin County, Minn: My Commission Expires Mae. 7,1961, Filed for record on the 29 day of Feb A.D. 1960 at 900 o Iolook A.M.