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DECLARATION
WHEREAS,
BURCH N. BELL AND OLGA C. BELL ; husband and wife,
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 720 ft of East 867 feet of South 150: .feet
of North 580 feet of Govt. Lot 3, ex Nwy.
Sec. 4- 116 -21
Parcel #2000
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
$ 1,667.25 which was computed on total acreage.
NOW, THEREFORE, in consideration of the Village of Edina assess-
in$ 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
s
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fin'2247 mGE 425
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 10th day of April , 195 9.
In Prese c Of;
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STATE OF MINNESOTA)
)SS
COUNTY OF HENNEPIN)
On this 10th day of April 1959, before me, a
Notary Public within and for said County, personally appeared BURCH N. BELL
AND OLGA C. BELL, husband and wife , to me known to be the persons described
in and who executed the foregoing instrument, and acknowledged that they
execR, ed the same as their free act and deed.
`} i
idsip'al Seal)
HERTHA M.SCHERER
Notary Public Hennepin County, Minn.
My Comm;ssion Expires Mar. 25, 1965
EXEMPT FROM STATE DEED TAX
GEO. 'TT T E N, JR.
HE - REASURER
By
--------------- - -Dep.
Filed for reoord onthe 29 day of Feb A.D. 1960 at 9830 o `olook A.M.
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