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HomeMy WebLinkAbout2191AGREEMEN -T 4708006 THIS AGREEMENT, made this day of 1982, by and between the CITY OF EDINA, a municipal corporation of the State of Minnesota ( "Edina "); HOUSING AND REDEVELOPMENT AUTHORITY OF EDINA, MINNESOTA, a body politic and corporate under the laws of the State of Minnesota ( "HRA"); and HEDBERG E SONS CO., a Minnesota corporation ("Hedberg"); WITNESSETH: WHEREAS, Hedberg has conveyed to HRA by Warranty Deed dated of even date herewith the premises situated in Hennepin County, Minnesota, legally described as follows: That part of the West one -half of the Northwest Quarter of the Northeast Quarter of the Southwest Quarter of Section 32, Township 28, Range 24 West of the Fourth (4th) Prime Meridian, Hennepin County, Minnesota, which lies North of the Westerly extension of the south line of Park- lawn Avenue as platted in Ebenezer Society First Addition (hereinafter called "Parcel A "); and That part of the East one hundred sixty (160) feet of the Northwest Quarter of the Southwest Quarter of Section 32, Township 28, Range 24 West of the Fourth ( 4th ) Prime Meridian, Hennepin County, Minnesota, which lies North of the Westerly extension of the south line of Parklawn Avenue as platted in Ebenezer society First Addition (hereinafter called "Parcel B11); and WHEREAS, Hedberg is the owner in fee of certain premises situated in Hennepin County, Minnesota, legally described as follows: The Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4) of Section 32, Township 28, Range 24, except that part of the East one hundred sixty (160) feet thereof lying North of the Westerly extension of the South line of Parklawn Avenue as platted in Ebenezer Society First Addition (hereinafter called "Parcel C"); and That part of the West one -half of the Northwest Quarter of the Northeast Quarter of the Southwest Quarter of Section 32, Township 28, Range 24, lying south of the Westerly extension of the south line of said Parklawn Avenue (hereinafter called "Pared D"); and WHEREAS, as part of the consideration for the conveyance by Hedberg to HRA of Parcel A and Parcel B, HRA has agreed to pay or cause to be paid all of the special assessments for the original extension of Parklawn Avenue as platted in Ebenezer Society First Addition, according to the plat thereof on file and of record in the office of the Register of Deeds in and for Hennepin County, Minnesota, including public water main, sanitary sewer, storm sewer, curb and gutter, sidewalk, grading and graveling, permanent street surfacing, and street lights (the "Original improvements ") through Parcel A; and WHEREAS, in consideration of the foregoing agreement of HRA, Hedberg has agreed that when the Original Improvements are constructed through Parcel B, Edina may levy all of the special assessments for the Original Improve- ments for the extension through Parcel B against Parcel C and Parcel D, and no special assessments for said Original Improvements through Parcel B shall be levied against Parcel A or Parcel B; and WHEREAS, it is the desire of and is to the mutual benefit of all parties hereto now to determine the premises against which the special assessments for the Original Improvements shall be levied; NOW, THEREFORE, in consideration of the mutual covenants and agreements below set out, and other good and valuable consideration, the receipt and sufficiency of width is hereby acknowledged by all parties hereto, all parties hereto agree hereby as follows: 1. In the event that the Original Improvements are constructed through Parcel A, Edina shall not levy any special assessments for those Original Improve- ments against Parcel C or Parcel D, but said special assessments shall be paid or caused to be paid by HRA to Edina. 2. In the event that the Original Improvements are constructed through Parcel B, Edina may levy all of the special assessments for the Original Improve- ments through Parcel B against Parcel C and Parcel D. In the event that these special assessments are levied, one half of the total principal amount for said special assessments shall be levied against Parcel C and the remaininq one half shall be levied against Parcel D. These special assessments shall be levied according to the then normal City practices as to the assessment period and the interest rate. 3. Hedberg, its successors and assigns, waives the right to contest or object to the assessment process or any defects therein or failures to comply with the statutory requirements therefore for the Original Improvements through Parcel B. 4. All improvements and maintenance costs made or incurred by Edina or HRA after the Original Improvements are constructed shall not be subject to this Agreement. 5. This Agreement shall be recorded in the office of the County Recorder and the Registrar of Titles in Hennepin County, Minnesota, so as to give construc- tive notice of its terms and conditions, for it is the intention of the parties hereto that the above and foregoing agreements and covenants shall be covenants running . -2- with the land and shall be binding, to the fullest extend permitted by law and equity, upon the present and future owners and encumbrancers of all or any part of Parcels A, B, C, and D. The agreements and covenants of this Agree- ment shall run in favor of, and be enforceable by, Edina (without restricting enforceability by Hedberg or HRA) and benefit Edina without regard to whether Edina has at any time been or is an owner of any land or interest therein to which such agreements and covenants relate. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed the day and year first above written. CITY OF I N By Its Mavorj . No delinquent taxes and transfer entered DEPARTMENT OF PROPERTY TAXATION HENNEPIN Cti?1NT`t` s'aS#?+N. BY This certificate dons not relate to taxes for the current year.' which may or may not be paid -3- ger HEDBERG & SONS Co�.e Coy By N h . a Its HOUSING &'REDEVELOPMENT AUTHOR- ITY OF ED NA, MINNE OTA By �• Its Chairm And 'f'1 Secretary INSTRUMENT WAS DRAFTED , . B�. THIS INS rl r%�- and •f, f- it v STATE OF MINNESOTA: SS COUNTY OF HENNEPIN: The foregoing instrument was acknowledged before me -this / 97 day of 40A-z'e_4 , 1982, by C. WAYNE COURTNEY and KENNETH E. ROSLAN D, Mayor and Manager, respectively, of CITY OF EDI NA, a munici- pal corporation, on behalf of the City. STATE OF MINNESOTA: SS COUNTY OF HENNEPIN: The foregoing instrument was acknowledged before me this /9/4day of q0,6�ij 1982, by /gyp( Jf% f(A_o and the Sew i`-,w and ���s „le,✓�- _ respectively of HEDBERG SONS CO., a Minnesota corporation, on behalf of the corporation. �;'' °��;•. CRAIG L. LARSEN NOTARY PUBLIC MINNESOTA HENNEPIN COUNTY '..: My Commission Expires Sept. 15, 1984 STATE OF MINNESOTA: SS COUNTY OF HENNEPIN: "e foregoing instrument was acknowledged before me this /g /day of 1982, by L/_, u the Chairman and ,.��Ne A. JI-F , the Secretar4y of HOUSING REDEVELOPMENT AUTHORITY OF EDINA, MINNESOTA on behalf of said corporation. CRAIG L. LARSEN ` 't +a' ` NOTARY PUBLIC - MINNESOTA `_ HENNEPIN COUNTY '� My Commission Expires Sept. 15, 1984 +h CRAIG L. LARSEN NOTARY PUBLIC MINNESOTA HENNEPIN COUNTY My Commission Expires Sept. 15,1984 STATE OF MINNESOTA: SS COUNTY OF HENNEPIN: The foregoing instrument was acknowledged before me this /9/4day of q0,6�ij 1982, by /gyp( Jf% f(A_o and the Sew i`-,w and ���s „le,✓�- _ respectively of HEDBERG SONS CO., a Minnesota corporation, on behalf of the corporation. �;'' °��;•. CRAIG L. LARSEN NOTARY PUBLIC MINNESOTA HENNEPIN COUNTY '..: My Commission Expires Sept. 15, 1984 STATE OF MINNESOTA: SS COUNTY OF HENNEPIN: "e foregoing instrument was acknowledged before me this /g /day of 1982, by L/_, u the Chairman and ,.��Ne A. JI-F , the Secretar4y of HOUSING REDEVELOPMENT AUTHORITY OF EDINA, MINNESOTA on behalf of said corporation. CRAIG L. LARSEN ` 't +a' ` NOTARY PUBLIC - MINNESOTA `_ HENNEPIN COUNTY '� My Commission Expires Sept. 15, 1984 V08006 8 0 6 000.0020 K V1 CFFICE OF COUS"Y -iFCOR"'p; flEt.wi'm COUNMM w'soi-% C..R I IF I! fol 1962 MAR 29 PM 3: 59 AS VCcUMENT # 7 006 ej co COPOER Ty