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AGREEMENT AND DECLARATION OF
COVENANTS AND RESTRICTIONS
(Connection of Water and Sewer Lines)
Harvey C. Hansen, as Trustee under Trust Agreement
dated December 30, 1977, between Harvey C. Hansen and
Shirley A. Hansen, as Settlors, and Harvey C. Hansen as
Trustee FBO Carl Morrison Hansen ( "Owner ") is the record
fee owner of the following property located in the City of
Edina, Minnesota (the "City "):
Lot 7, Block 1, Parkwood Knolls 15th Addition,
according to the recorded plat thereof,
Hennepin County,-Minnesota
(the "Property "); and
WHEREAS, a two family dwelling has been constructed
upon the Property anal, pursuant to applicable ordinances, the
City has approved a division of the Property so that it may
be conveyed as two separate parcels with the portions of the
dwelling on the respective parcels, which two parcels are
described as follows:
and
Lot 7, said Block 1, except the North 60 feet
thereof,
and
The North 60 feet of Lot 7, said Block 1;
WHEREAS, the City, in connection with such
approval, and pursuant to its applicable ordinances, also
waived the ordinance requirement that each separate portion
of the dwelling as so divided have a separate and independent
connection with the water and sanitary sewer lines serving
each such portion to the public water and sewer lines, but
conditioned upon execution and delivery of this Agreement
and Declaration of Covenants and Restrictions by Owner.
NOW, THEREFORE, for and in consideration of such
waiver by the City, Owner, for himself, as such Trustee,
and for all future owners and occupants of the Property
and each such parcel thereof, does hereby:
1. Agree that the City shall not be liable
to any present or future owners or occupants of the Pro-
perty, or either of such parcels, for any damage or injury
to persons or property resulting from a lack of separate
and independent connections of each such portion of the
dwelling to the public water and sanitary sewer systems, and
all claims or demands against the City due to such damage
or injury are hereby waived and released;
2. Impose upon the Property, and each such
parcel thereof, the following covenants and restrictions:
a. the owners of each of such parcels of
the Property shall share equally with the owner of the
other of such parcels in any and all costs incurred by
the owners of either of such parcels as a result of not
having separate and independent connections for each of
the respective portions of the dwelling to the public water
and sanitary sewer systems; and
-2-
b. that if each of the portions of the
dwelling are not separately metered, the owners of each of
such parcels of the Property shall share equally in all water
anO sanitary sewer charges made for supplying such services
to the Property, and that the City may determine charges,
for water and sanitary sewer usage by allocating consumption
equally between said two parcels and totalling the separate
charges based on such allocation.
3. Agree that the City may discontinue supplying
water and sanitary sewer services to the Property, and both
of said parcels, pursuant to applicable City ordinances,
for any delinquency in paying to the City the whole of any
water and sewer charges for such services to the Property,
even though such discontinuance is caused by the delinquency
of the owners of only one of such parcels.
4. Agree that the provisions hereof shall run
with the title to the Property and shall be binding upon each
and every present and future owner and occupant of all or
any part of the Property, and shall inure to the benefit
of the City and its successors and assigns.
5. Agree that if any term, condition, or provision
hereof, or the application thereof to any person or circum-
stance, shall, to any extent, be held to be invalid or unen-
forceable, the remainder hereof and the application of such
r3-
term, provision, and condition to persons or circumstances
other than those as to whom it shall be held invalid or
unenforceable shall not be affected thereby, and this
Agreement, and all the terms, provisions, and conditions
hereof, shall, in all other respects, continue to be ef-
fective and to be complied with to the full extent per-
mitted by law.
IN WITNESS WHEREOF, the Owner has caused this
instrument to be duly executed this day of ,
19-�q .
STATE OF MINNESOTA)
) SS.
COUNTY OF HENNEPIN)
The forego
me this Say of
HANSEN, as Trustee
1977, between Harve
Settlors, and Harvey
Hansen.
PREPARED BY:
Harvey C. nsen, as Trustee
under T Agreement dated
Decembe 30, 1977, between
Harvey C. Hansen and Shirley
A. Hansen, as Settlors, and
Harvey C. Hansen, as Trustee
FBO Carl Morrison Hansen
'ng instrument was acknowledged before
19_�)j by HARVEY C.
der rust Agreement dated December 30,
C. Hansen and Shirley A. Hansen, as
C. Hansen, as rustee FBO Car
J, Morrison
/ / i` ) A
Notary Public
Dorsey, Windhorst, Hannaford,
Whitney & Halladay
2300 First National Bank Building
Minneapolis, Minnesota 55402
Thomas S. Erickson
-4•-
Popp
ANTHONY R SO& RMAN
NOTARY PUBLIC — MINNESOTA
HENNEPIN COUNTY
». My Commission Expires Aug. 8, 1979
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