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HomeMy WebLinkAbout2121r AGREEMENT (Conditions to Plat Approval) [Plat of "Warren Hanson Addition "] THIS AGREEMENT, Made and entered into this � day of �be 1980, by and between WARREN E. HANSON and SARAH L. HANSON, husband and wife, of Edina, Minnesota (herein called "Owners "), and CITY OF EDI',A, a Minnesota municipal corporation ( "City ") WITNESSETH, THAT: WHEREAS, Owners are the fee owners of certain real property ( "Property ") located in the City of Edina, County of Hennepin, State of Minnesota, legally described on Exhibit A attached hereto and hereby made a part hereof; and WHEREAS, Owners have requested approval by the City of a plat of Property entitled "Warren Hanson Addition" (the "Plat "); and WHEREAS, water lines, sewer lines and a full width, hard surfaced, road with curb and gutter (said water lines, sewer lines, curb and gutter and improved road being hereinafter together called the "Improvements ") are not presently constructed pursuant to City standards to the Property, and the Owners will not be required by the City, in connection with the platting process, to so construct and pay for the Improvements; and WHEREAS, it is anticipated that the Improvements will hereafter be constructed and assessed against all bene- fitted property, including the Property, and the Council of the City did, on July 21, 1980, grant preliminary approval of the Plat on condition that Owners enter into this Agree- ment and record the same in the same office as the Plat to evidence and give notice of such future construction and assessment; and WHEREAS, Owners are agreeable to the condition of the Council of the City, and are willing, and represent that they have the power and authority, to enter into this Agreement. NOW, THEREFORE, in consideration of the granting by the City of the above requested plat approval, and of the mutual covenants and agreements hereinafter contained, it is hereby agreed by and between the parties hereto as fol- lows: 1. The City hereby confirms that it did, as above stated, grant preliminary approval of the Plat, sub- ject to, and the Owners understand and agree that final approval, when and if granted, will and may be made subject to, the following terms and conditions of this Agreement. 2. Owners, for themselves and all present and future owners and encumbrancers of all or any part of the Property, understand and agree that when'the Improvements are constructed by City, either all at one time or in separate -2- portions at different times, the cost thereof may be and probably will be assessed against benefitted property, in- cluding the Property, pursuant to the then ordinances and procedures of the City; that this Agreement is placed of record to advise all present and future owners and encum- brancers of all or any part of the Property of the future construction and assessment of the Improvements. 3. The terms and provisions hereof shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns, and shall run with the title to the Property and be binding upon all pre- sent and future owners of the Property. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be duly executed the day and year first above written. • 17A RE *: F . N A TT q 01'! w L. HAP .50N OWNERS CITY OF EDINA By -3- q"t�3' s STATE OF MINNESOTA ) SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before �� me this 'ay of 1980, by WARREN E. HANSON and SARAH L. HANSON, husband and wife. ...�a:i ii. °• CRAIG L. LARSEN NOTARY PUBLIC -MINNESOTA HENNEPIN COUNTY MY Commission Expires Sept. 15. 1984 STATE OF MINNESOTA ) SS COUNTY OF HENNEPIN } The foregoing i ((strument was acknowledged before me this day of 1980, by JAMES VAN VALKENBURG and KENNETH ROSLAND, Mayor and Manager, re- spectively, of CITY OF EDINA, a Minnesota municipal corpora- tion, on behalf of the said municipal corporation. •��"" CRAIG L. LARSEN ' NOTARY PUBLIC MINNESOTA HENNEPIN COUNTY MY Commission Expires Sept. 15, 1984 This instrument was drafted by: DORSEY, WINDHORST, HANNAFORD, WHITNEY & HALLADAY 2300 First National Bank Building Minneapolis, Minnesota 55402 (TSE) -4- i IN i EXHIBIT A (Legal Description) The South 100 feet of the North 833 feet of the West 448 feet of the.Southeast Quarter (SE 1/4) of the Southwest Quarter (SW 1/4) of Section 8, Township 116, Range 21, Hennepin County, Minnesota, except the West 33 feet thereof, all according to the United States Government Survey thereof, Hennepin County, Minnesota. -4) Z. I 0 11- T 22 -80 7 7 8 7 / $ 005.00go " OFFO OF COL;%', ­' 0: HENN! PIN ME% 1900 OCT 22 PM 3'. 31 # 4597787 CO. RECORDER .,.----DEPUTY No delinquent taxes ancl, ­ J. DEPARTMENT OF R C, IQ 1� _ry MILAN HENNEPIt Oa- 22 BY L p u y "!!tte w tvr the cUrlent yea This C rtibcdVe'd not IL ,vh,ch njaj, or may not Uc P41(1 k-51