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HomeMy WebLinkAbout1435~ e 3S0 7Vj Z4 D E C L A R A T I O N A. WHEREAS, Alvin C. Andrews and Etel�,,a Andrews husband and wife, sometimes hereinafter called "Declarants ", are the fee owners of land situate in the Village of Edina, County of Hennepin, State of Minnesota, sometimes hereinafter called "the Village ", legally described as follows: ` That part of the West 21.5 feet of Lot 41, Auditors Subdivision 196, lying North of a line drawn at right angles from the West line of said Lot 41 from a point 98.89 feet South, as measured along said Westerly line and its extension, from the center line of Valley View Road which formerly was known as County Road No. 39, according to the recorded plat thereof, Iennepin CoutiLy, Minnesota. (hereinafter called "said property "); and B. WHEREAS, said property has been improved by the construction of a single family residence; and C. WHEREAS, the Village has constructed Sanitary Sewer and Watermain designated, respectively, as Public Improvement No. SS-257 and Public Improvement No4dM -218 to service the above - described property; and D. WHEREAS, because of the size of said property, the Village proposes to levy 2 special assessments against it for Public Improve- ment No. SS -257 and 2 special assessments against it for Public Improve- ment No. W11-218, which assessments would be payable commencing in the year 1970 ; and E. WHEREAS, Declarants have called to the attention of the Village that all of said property presently is being maintained and util- ized as the grounds for and the site of the single family dwelling located thereon and that they have no intention of dividing, subdividing, platting or replatting said property; and F. WHEREAS, in view of such circumstances the Village is willing to levy 1 special assessment(s:) against said property for Public Im- proverlent No. SS -257 and to levy 1 special assessL:ent (�d against said property for Public Improvc::Uent: 1110 ''�tI�;, subject to the terms and con- )­­-,2. h<.rcof. f r � 5nts PAID AND TRANSFER ENTMO 105c, 41968 +I 1TOR GEORG N (�UNN IN% NO TAXES PAYABLE ON WITHIN DESCRIBED PROPERTY ARE PAID COUC TRZF. • DEPUTY NOW, THEREFORE, In consideration of the Village's levying 1 instead of 2 assessments against said property fox: ;''ublic Improvement No. SS- 257hnd 1 instead of 2 assessments against said property for Public Improvement NoWM-218 , and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by said Declarants, the Declarants do hereby impose the following covenants and restrictions upon said property: 1. The Declarants, their heirs, successors and assigns, will not divide, subdivide, plat, or replat said property without the prior written approval of the Village which approval shall be granted only upon a showing of undue hardship unique to said property. Upon any division, subdivision, platting or replatting, the Declarants, their heirs, successors and assigns will pay to the Village the sum of $ 4,462.89 plus interest thereon at the rate of 5% per annum from December 31, 19 69, to the date of payment for each lot in excess of 1 into which said property is divided, subdivided, platted or re- platted (the said sum of $ 4,462.89 being equal to one assessment for Public Improvement No.SS -257 plus one assessment for Public Improve- ment No.W -218.) Upon receipt of the payment provided for herein, the Village agrees by the acceptance to release by a written, recordable instrument, the covenants and restrictions herein contained as to the area for which payment is made; provided that if any area for which pay- ment is so made is large enough under the then applicable ordinances of the Village to again be divided, subdivided, platted, or replatted, then the covenants and restrictions herein contained, and the rights and remedies of the Village herein contained, shall continue in force and effect as to said area and said sum of $ 4,462.89 , with interest afore- said, shall likewise be payable for each lot in excess of one into which said paid for area is subsequently divided, subdivided, platted, or re- platted, and said release shall so provide for such continuation and such payment of said sums. 2. The covenants and restrictions herein contained shall run -2- do with said property and shall bind Declarants, their heirs, successors and assigns, and all present and future owners of all or any part of said property, for a period of thirty (30) years from the date hereof. 3• The covenants and restrictions herein contained shall be for the benefit of the Village and in the event the Declarants, their heirs, successors or assigns, construct or attempt to construct, in addition to the residence now located thereon, any residences or buildings incidental thereto on any part of said property in violation of the terns -- hereof, such use may be enjoined on the motion of the Village even though the harm caused to the Declarants, their heirs, successors or assigns, by the grant of such an injunction is greater than the harm caused the Village by the denial thereof. Unless and until the covenants and restric- tions herein contained are complied with, the Village shall not be obligated to permit the division, subdivision, platting, or replatting of said prop- erty or to issue a building permit for the construction on said property of any residences or buildings incidental thereto in addition to the resi- dence now located thereon. 4. Declarants hereby represent and warrant to the Village that they are the fee owners of that said property and that said property is free and clear of all liens, mortgages and other encumbrances except easements and restrictions of� record and except the following: /41).A/.4/, %�� P( SgV1AZJ SIO C- If any representation or warranty made herein proves to be false in any material respect as of the date hereof, the Village may, at its option, at any time within one year after its discovery of any such false repre- sentation or warranty revoke its acceptance of this Declaration by record- ing a notice of such revocation and, thereupon, the Declarants, their heirs, successors and assigns agree that the Village may levy against said property all the assessments described in the preamble lettered "D7t hereof not theretofore levied either with or without notice and hearing, as the Village may elect. -3- < r 5. In consideration of the attention given by the Village to this Declaration the terms hereof shall be binding upon Declarants for a period of 60 days or until this Declaration has been rejected by the Village, whichever is sooner, and shall not be binding upon the Village until it shall have been accepted in writing in the place provided at the foot hereof. If this Declaration is accepted by the Village, within said 60 day period, this Declaration shall be binding upon Declarants, their heirs, successors and assigns according to the terms hereof, and Declarants agree to reimburse the Village for the costs and expenses of recording this Declaration. IN WITNESS WHEREOF, the Declarants have hereunto set their hands this day of �� 1r t e (7, 19�. Mir 11-I'�= STATE OF MINNESOTA) A ss. COUNTY OF HENNEPIN) `J On this /f` day of� 191f_, before me, a Notary Public within and for said County, personally appeared a't*v 4/ 4 -4 -4-- ti— husband and 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. WIN _ A�6Ri' A S:TJIt:NSON My CbliO' HenneDlp County, Minn. o iagion cAisee Mar. 22, 1974, C O N S E N T The undersigned, mortgagee of the property described in the- foregoing Declaration, -does hereby consent to the covenants and restric- tions contained-therein-and does hereby subordinate the mortgagee's interest to the provisions thereof. IN WITNESS WHEREOF, the said mortgagee has hereunto set its Lk- �• XXXX hand and seal this �7fcK� day of AMLL 19 15th October 69 /fin the Presence -Of-, CWPOPATE SEAL) ,t STATE 0P- "MI e o t a ) ss. Go,UNTY OF Ramsey ) Its Vice P rps • - T,ren -m rPr On this 15th day of October , 19_69 , before me, a Notary Public within and for said County, personally appeared John A. ;'�rorks and Gordon R. ?josentine to me personally known, who, being each by me duly sworn did say that they are respectively the and SrFVi _- Pr .G. of Vice Pre. Treasures , the corporation named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors and said John A. F'Torks and Gordon R. Alosentin.e acknowledged s 4--clnsuent to be the A ( � \E County g free act and deed of said corporation. ��oNc, Ram ices Pig Z Nota'q PU ss\on EXP. C� w, c (`otarial Seal) My -(',, r. ' -.. C"7 . A'•`� y :`gyp ,„ ACCEPTANCE i s The Village of Edina hereby accepts the foregoing Declaration and agrees to be bound by the terms thereof. IN WITNESS WHEREOF, the Village of Edina by its mayor and UM iation r ip manager has hereunto set its hand and seal this c2/ 19�. n e Presence 0 P.M* STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) day of X--11� , *2 2 On this_ day of 19 6,9, before me, a Notary Public within and for said County, personally appeared � C.r d, and ea_,k � _ e, 1LZ, to me personally known, who, being each by me duly sworn did say that they are respectively the Dlayor and Manager of the Village of Edina, the municipal corporation named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said municipal corporation, and that said instru- ment was signed and sealed in behalf of said municipal corporation by authority of its Village Council and said•�its,, and �0 Q4 L,,, � ��.�� acknowledged said instrument to be the free act and deed of said municipal corporation. (Notarial Seal) �N Ck Ya • �a t N IM FLORENCE I. HAILiERI M t,!�tary Public, Hennes My cumnNi lm ExPifts Udc. 31, IM F- ;16 T � JE// 3� � lc� a � 380'7'724 ol:c -4- 7 7 2 4 $ 0O6,00-De A bf- E F REGISTER MINNESOTA DEED' STATE O COUNTY OF - HENNEPIN hereby certify that the within instrument was filed for record in this office on the y of A. D. W9 st F41 c � daM., an was duly recorded in book 6 8 �f Hennepin County Records page 380 7724 / t/G agTCp OF DiiDH _ y�FyTy [—mm OF DLL"