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790
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Declaration
WHEREAS, H. I. Kenney and Grace Kenney, 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 275 feet of the East 1342 feet of South 450
feet of North 480 feet of Government Lot 3, Section
4, Township 116, Range 21,
which property is not improved or subdivided and for tax and assessment
purposes is sometimes referred to as Parcel No. 3,500; and
WHEREAS the deed dated March 4th, 1941, conveying 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 sani-
tary sewer to service the above described and other property, and on
a total acreage basis has heretofore assessed said above described prop-
erty in the amount of $1,842.75 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
$675.00, 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 $1,842.75 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:
",'2247 wa .
(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.
2. That the Village of Edina shall not be obligated to at any
time issue a building permit for the construction of more than one resi-
dence on said property unless and until said property is subdivided as
stated in above paragraph 1 (a), and the connection 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 J day of�. 1959•
STATE OF MINNESOTA )
) SS.
COUNTY OF HENNEPIN )
H. I. Kenney)
Grace Kenne —
On this 4, day of j', ..r_ , 1959, before me a
Notary Public within and for said Count ,,personally appeared H. I. Kenney
and Grace Kenney, his 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.