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FEB 26 1960c:�`
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Declaration
WHEREAS, Eugene S. and Marcia A. Hauser
, husband and wife,
sometimes herein 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:
West 150 feet of the East 717 feet of the South 400 feet
of the North 430 feet of Government Lot t, Section 4,
Township 116, Range 21,
,y
which property is not improved or subdivided and for tax and assessment
purposes is sometimes referred to as Parcel No. 2510; and
WHEREAS the deed dated .`- October 6, 1949 , codveying said property
to the Declarants contains a covenant and restriction running with the land
providing that "when such premises are improved it shall be by a single
residence building "; and
WHEREAS, the Village of Edina has constructed a trunk sanitary
sewer to service the above described and other property, and on a total
acreage basis has heretofore assessed said above described property in the
amount of $931.50 as its share of the cost of installation of said trunk
sanitary sewer; and
WHEREAS, in view of the aforesaid facts and restriction the
Village of Edina is willing to assess said property in the amount of
$674.00, being on a tract or lot basis rather than on an acreage basis as
aforesaid;
NOW, THEREFORE, In consideration of the premises, and of the
Village of Edina reducing said assessment of $931.50 to $675.00 and
making in connection therewith the necessary adjustment in its applicable
assessment rolls, the Declarants hereby agree to accept an assessment of
$675.00, and do covenant and further agree as follows:
1. That the Village of Edina reserves and shall have the right
to, and may, impose a reasonable connection charge upon said property for
use of said trunk sanitary sewer, which shall be not less than $256.50,
upon the happening of either one of the following events:
(a) the subdivision of said property in accordance with
Village of Edina platting requirements;
(b) the construction of more than one residence upon said
property under any state of facts.
�.
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. B G- c /GL.�_, a
Jac'24 409
'- 2. That the Village of Edina shall not be obligat�d to at any
tr; y
time issue a building �
t g permit for the construction of more'than' one resi-
dence on said property unless and until said property is subdivided as
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stated in above paragraph 1 (a), and Ae'`connec. on charge imposed by the
Village has been paid.
3. That the covenants and agreements herein contained shall be
for the benefit of the Village of Edina, shall be binding upon and inure
to the benefit of the Declarants and their heirs, representatives and
assigns, and shall run with the land.
IN TESTIMONY WHEREOF, Declarants have hereunto set their hands
this 29,,h day of May
1959.
In Presence Of: J
r'
STATE OF MINNESOTA
) SS.
COUNTY OF HENNEPIN )
On this ay of , 1959, befo me a
Notary Public within and for said County, personally appeared
an , �,�� his wife, to me known to be the persons described
in and who executed the foregoing instrument, and acknowledged that the executed
the same as their free act and deed.
Notary
ubiic, Hennepin County, Mrnn
(NOTARIAL SEAL)
i
"My commission
expires 9ANEITEJ AhIDERSON, ;c1
t
Notary Public, , ouny, Win
My commission Aires Jan 7, 1961;
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Filed for record on Nhe 29 dY of Feb A.D.
1960 at 9:30 o'clock A.M.
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