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HomeMy WebLinkAbout2098zone boc, IUp . 13y�1$5y AGREEMENT AND DECLARATION OF COVENANTS AND RESTRICTIONS (Connection of Water and Sewer Lines) Carl M. Hansen Investment Company, a Minnesota corporation ( "Owner ") is the record fee owner of the fol- lowing property located in the City of Edina, Minnesota (the "City "): Lot 10, 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 and, 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: ] Lot 10, said Block 1, except the North 85 feet thereof, and The North 85 feet of Lot 10, 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 re-:pective portions of the duelling 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. 'C:jree 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 -3- t 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 lnstru—.:2n`_ to dul,.' executed this 2=&4"`l�' Of 19 -. CARL M. HANSEN INVESTMENT COMPANY By,, Its And Its STATE OF ;SIN`:ESOTA) SS. COUNTY OF orego g instrument was ackno�, do of r me thisd� day of 19 by acrd o me known to be respective y the _ of CARL M. HANSEN INVESTMENT CO•iPANY, a Minnesota corporation, on behalf of said corporation. _ No LAWRENCE T. JOHNSON �H. NOTAHY PUBLIC . MINNESOTA HENNEPIN COUNTY " My Commission Expires Sep. 4, 1982 '�"V'Y'Y"1�1/IrSI'c/Yrrllrr �w'� � r � v v v u � � eervrtrr �rl� DIY : Dor; t:!�,, "ind'horst, 1171nn,lford, Whitney & Hailaday 2300 First National Lank BLiildincj 1` inne,11 oils, ',,innesota 55 -ItO2 Thomas S. Erickson -41- CONSENT The undersigned, the buyer under Contract for Deed of said Lot 10, Block 1, Parkwood Knolls 15th Addition, ex- cept the North 85 feet thereof, does hereby agree and con- sent to all of the terms and conditions of the Agreement and Declaration of Covenants and Restrictions to which this Consent is attached. DATED: ;ter s , 1979. O n S hirley A. Grotting STATE OF MINNESOTA) ) SS. COUNTY OF HENNEPIN) T foregoing instrume t was ackno���ledged before me this j.Vday of _, 1979, by SHIRLEY A. GROTTING, a single woma . 7 otary Public - JUNE L. ENGLUND Notary Public,, Hennepin County, Minn. My Commission Expires Nov. 19, 1982