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HomeMy WebLinkAbout2227� X ZZZ7 482f19O AGREEMENT Agreement made as of this day of 04 , 198a, by and among Elaine S. Clay, widow and not remarried, Oak Ridge of Edina, a limited partnership, and City of Edina, Minnesota, a municipal corporation. WHEREAS, Elaine S. Clay ( "Clay ") and Oak Ridge of Edina ( "Oak Ridge ") are all persons who have a legal and /or equitable interest in and to a tract of land situated in Hennepin County, Minnesota, legally described on Exhibit A attached hereto and made a part hereof; and WHEREAS, at the sole and exclusive request of the City of Edina ( "Edina "), a certain Declaration, a true and correct copy of which is marked Exhibit B and is attached hereto and made a part hereof, was executed by a predecessor in title to the property described in the aforementioned Exhibit A, and there- after placed of record in the office of the County Recorder in and for said Hennepin County as Document Number 3222041, whi.�h aforementioned Dec:luta ion az gra -n-tea for the exclusive benefit of Edina and was and is enforceable solely by Edina for the reason hereinafter set forth in the following recital; and WHEREAS, Edina's interest in requiring the above - described Declaration to be executed and filed for record binding the then fee owner, and any successors in interest in the said lands described in said Exhibit A, as well as binding the land itself, was only to make provision for the total payment in the future of that portion of the amount of a special assessment for a trunk sanitary sewer which was deferred, when and if the aforementioned tract of land subject to the original assessment was ever subdivided in the future; and WHEREAS, the lands described in said aforementioned Exhibit A have contemporaneously with the execution of this Agreement been subdivided in accordance with Edina °s requirements now thereby requiring the payment of the remainder of the full original assessment for trunk sanitary sewer, which amount as hereinafter specified, when paid, will thereby satisfy fully the sole intent and purpose of the aforementioned Declaration and its covenant and restriction; and WHEREAS, the parties hereto are therefore desirous and willing to terminate, release, and discharge forever the aforementioned Declaration and the covenant and restriction contained therein in order that that Declaration shall no longer be binding upon the fee owners and their heirs, successors, representatives and assigns of said lands described in Exhibit A, and no longer run with and be binding upon said described tract of land; NOW, THEREFORE, it is agreed as follows: 1. Payment of Full Original Assessment for Trunk Sanitary Sewer. The sum of $877.50, herewith paid, receipt and sufficiency of which is hereby acknowledged by Edina, is paid -2- J in order that there is effective as of the date hereof a full and complete payment of all sums due for the trunk sanitary sewer for services to the lands described in said aforementioned Exhibit A. 2. Termination, Release and Discharge of Declaration. Effective as of the date hereof, the Declaration dated April 28, 1959 and filed for record in the office of the County Recorder in and for Hennepin County, Minnesota, on February 29, 1960, as Document Number 3222041, a certified copy of which is attached hereto as said Exhibit B, is hereby forever terminated, released and discharged, it no longer being of any further force and effect. 3. Acknowledgement of Subdivision of Lands. The parties hereto further acknowledge and agree that effective as of the date hereof, the lands described in said aforementioned Exhibit A have been subdivided and platted in accordance with the requirements of Edina relating thereto and said subdivided lots in the plat entitled "Oakridge of Edina" may each hereafter be improved and constructed upon in accordance with the building requirements of Edina then in force and effect. 4. Heirs, Successors and Assigns. This Agreement shall insure to the benefit of, and be binding upon, the parties hereto and their respective heirs, successors, representatives and assigns. IN WITNESS WHEREOF, this agreement executed effective as of the day and year first above written: -3- 1- 36" Elaine S. Clay OAK RIDGE OF EDINA By Mic ae A. 'Halley, General er CITY OF EDINA By And STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 4 i day of )LI4 , 198A by Elaine S. Clay, a widow and not remarried, being a single person at this time. NoB6ry Public STATE OF MINNESOTA ) S S . COUNTY OF HENNEPIN ) The foregoi g instrument was acknowledged before me this �5 day of , 198 by Michael A. Halley, general partner of Oak' Ridge of �in li ited partnership, for and on behalf of the limited paw ershi� THOMAS P. STOLTMAN PUBLIC - MINNIMITA ONNEPIN COUNTY GowmWNIon Expire Nov. It ION -------- - - - - - - - --- - - - - 0 0 -@0 00 ON � � � � � -- //.,07,1! is THIS INSTRUMENT WAS DRAFTE© BY (name and address) STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) he foregoin instrument was acknowledged before me this __ 37 ay of �c , 1987/by C. Wayne Courtney, Mayor of City of Edina, an y Kenneth E. Rosland, City Manager of City of Edina, a municipal corporation, for and behalf of the m,,.:ni cipal corporation. a y -5- •::u����;;, CRAIG L LARSEN NOTARY PUBLIC •MINNESOTA FICiJNEf IN COI;fdTY My Commission Expires Sept. 15, 1984 -5- - r EXHIBIT A That part of Government Lot 3, in Section 4, Township 116, North Range 21, West of the 5th Principal Meridian described as follows: CorLmencing at a point on the East line of said Government Lot 3 in said Section 4, Township 116, Range 21, which point is distant 730 feet South of the Northeast corner of said Government Lot 3; thence South along the East line of said Government Lot 3 distant 150 feet; thence West parallel with the North line of said Government Lot 3 a distance of 987 feet; thence North parallel to the East line of said lot a distance of 150 feet; thence East parallel with the North line of said Government Lot 3, 987 feet to the point of beginning, except the East 317 feet of the South_ 150 feet of the North 880 feet of the East 987 feet of the South half of Section 4, Township 116 North, Range 21 West of the 5th Principal Meridian. and That part of Government Lot 3, Section 4, Township 116 North, Range 21, hest of the 5th Principal Meridian described as follows: Beginning at a point in the East line of Government Lot 3, Section 4, which point is 580 feet South of the Northeast corner of said Lot 3; thence South along the East line of said Lot a distance of 150 feet; thence west parallel with the North line of said Government Lot 3, a distance of 987 feet; thence North parallel with the East line of said Lot 3, a distance of 150 feet; thence East 987 feet to the point of beginning, except the East 317 feet of the North 150 feet of the South 300 feet of the North 880 feet of the East 987 feet of the South half of Section 4, Township 116, Range 21, Hennepin County, Minnesota, also described as the East 317 feet of that part of Government Lot 3 in Section 4, Township 116 North, Range 21 West, Hennepin County, Minnesota, described as follc %-: =: beginninz at a point on the East line of Government Lot 3 in said Section 4, %:high point is distant 580 feet South of the Northeast ccrner of said Government Lot 3; thence So-,lth along the Easy line of said Lot a distance of 150 feet; thence Kest parallel with the North line of said Government Lot 3 a distance of 987 feet; thence North parallel with the East line of said Lot 3 a distance of 150 feet; thence East 987 feet to the point of beginning. EXHIBIT B *i22471=420 3222MI . D*AM -n . sometimes hereinafter called the "D*Clarats" are the Gus owners of the follwism described Property situate to the Village of gdlaa. County of M mspLm. State of Minnesota. legally described as follow. to -wit: West $70 it of Last "I it of South 130 it of North 730 it of 0o►t. Lot 3 Soc. 4 -116-21 Parcel 41SW WMIRraS, said Property has been, or will be iprowd by the soastruetioe of only one residence thereon. to accordance with the provisions of the warranty Deeds transferring the Property from farts use to restdsstlal use. W RRVJ. the Village of Was has Constructed a trunk sanitary serer to service the above described and other Property. W "Awe. the Village of Edina is willing to sateen the cost of the iascallstiom of said trunk sanitary sewer on the basis that only sae residence may be constructed on each tract of land or lot at i 673.00 rather dram g I,SS2.S0 which vas computad as total sarongs. ■0w, TVSR PCU, is Consideration of the Village of Edina ""as- Lag the above described Property w a tract or lot basis rather than as a front foot basis and is further coasid0ratioa of One Dollar ( 11.00) and other Deed and valuable consideration. the receipt awed sufficiency of woiat are ioroby acknowledged by said Declarants, said Doelarrts do hereby Impose wpm the share described Property the following covenant ad restrietiem: 1. The above deseribed property :hall cwt be ipeww" by the construction of ~that residemas thersow escpt for the conservation of a residence built to replace the ealsclag residence se that at so tiro stall said Property be improved by sure than one rosldme tberose. L This covemat and restrittiou shall no with the lad show described sad shall be ►lading ups the heirs. reprmsoatatives awed assla of said Deelw mts for a period of thirty (30) years feon "the dace t' 1. 1. This covenant and restriction shall be for the beaoftt of the Village of *dims sod the Village of Edina shall have the clot to eetorw the saw to law or is m"ity and shall mot be obligated at seen ties dowles the w L*h ►a- s C.1 era Ir• ettsteete of this coweneat r reetstatAm to Some, a 6W*MG pan" &er so" ! rono described property for the eoeetsa•time Of Miler mti oLdemme thaeeem ewe old a:capt ter, the soomtrottiae ..i a MM raetMaa to replan the Moat"* residence ow said property. if the property bee on tw bwe a "widen"& thr the Tillage of idisa Will tame a pert for My of residence. L. If Declar=te Wish. iw the tUtW4. to e4&"Vtde this property aD is accordance with Tillegg platting re"tremeets. the Tillage of iglu rssaroes the right to lwy the belasee of the ortgisal asessawat st 4475.00 per mere ad &&&last tbts property. = TSSTU MT Wdnxw. Declaraece have hares to Nt their heeds this of p to prosasee Of; wag .r STATL OF 1Q�fOTA) Cm )SS On this 1! ' doy of _.1 A� / 19". before eta, a notary Public Within and far 8814 County, M ioeslly appeared to • hsww to be the,persowe described in end u11e executed the forepte& lsatrueeat, mN gcb&Amledpd toot they executed the sM as their frog ant mad dad. .Soto al seal) • .�AW.a'1 4•MINYt. �, N.4d P•t 1.., MMrr1M� �IYa���t_ • M,• J.aMw. {.MI14Y� rN• .�1' FRA, y< led S or reeerd on the 29 day of lob A.0. 1960 at 9130 *'*'look 46 *late of MinnPSnta � OFFICE OF OOUNTY OF EUENNWIN County Recorder I. R. DAN CARLSON. County Recorder. within and fur said County of Hennepin and State of Minnesota. do hereby certify, that I have carefully compared the above and foregoing copy of DECLAF.ATION with the record thereof as recorded in my office. in Book 2247 of I DQeds page 420 and that the same is a true and correct photo -copy of,the same. and of the whole thereof. and I do further certify that I am the officer in whose custody said record is required by law to be kept. In Witness Whereof 1 have hereunto set my hand and official seal this 22nd day of December A.D. 19 81 R. DAN CARLSO\ County Recorder County of Hennepin, State of :Minnesota By Deputy CERTIFIED COPY OF -1 Z DECLARATION COUNTY RECORDER HENNEPIN COUNTY. MINNESOTA .4825 SEP-8-83 � I cl; 0 009.0090 v r 1983SEP-8 AM11:51 AS 1"OJIMf N 1 482519 el � 4a, GO..RECOPOER 61, -!)Ir p". I y 4825 736 ZZI- 7 AGREEMENT Agreement made as of this Z,?l "-day of , 1982-,- by and among HMC Edina Properties, a limited partnership consisting solely of Bahram Mozayeny, general partner, and Douglas W. Barr, limited partner, Bahram Mozayeny and , his spouse, Oak Ridge of Edina, a limited partnership, and City of Edina, Minnesota, a municipal corporation. WHEREAS, HMC Edina Properties ( "HMC"), Bahram Mozayeny and'** Mozayeny ( "Mozayeny ") and Oak Ridge of Edina ( "Oak Ridge ") are all persons who have a legal and /or equitable interest in and to a tract of land situated in Hennepin County, Minnesota, legally described on Exhibit A attached hereto and made a part hereof; and WHEREAS, at the sole and exclusive request of the City of Edina ( "Edina "), a certain Declaration, a true and correct copy of which is marked Exhibit B and is attached hereto and made a part hereof, was executed by a predecessor in title to the property described in the aforementioned Exhibit A, and there- after placed of record in the office of the County Recorder in and for said Hennepin County as Document Number 3222039, which aforementioned Declaration was granted for the exclusive benefit of Edina and was and is enforceable solely by the Edina for the reason hereinafter set forth in the following recital; and S} 4825 736 ZZI- 7 AGREEMENT Agreement made as of this Z,?l "-day of , 1982-,- by and among HMC Edina Properties, a limited partnership consisting solely of Bahram Mozayeny, general partner, and Douglas W. Barr, limited partner, Bahram Mozayeny and , his spouse, Oak Ridge of Edina, a limited partnership, and City of Edina, Minnesota, a municipal corporation. WHEREAS, HMC Edina Properties ( "HMC"), Bahram Mozayeny and'** Mozayeny ( "Mozayeny ") and Oak Ridge of Edina ( "Oak Ridge ") are all persons who have a legal and /or equitable interest in and to a tract of land situated in Hennepin County, Minnesota, legally described on Exhibit A attached hereto and made a part hereof; and WHEREAS, at the sole and exclusive request of the City of Edina ( "Edina "), a certain Declaration, a true and correct copy of which is marked Exhibit B and is attached hereto and made a part hereof, was executed by a predecessor in title to the property described in the aforementioned Exhibit A, and there- after placed of record in the office of the County Recorder in and for said Hennepin County as Document Number 3222039, which aforementioned Declaration was granted for the exclusive benefit of Edina and was and is enforceable solely by the Edina for the reason hereinafter set forth in the following recital; and WHEREAS, Edina's interest in requiring the above - described Declaration to be executed and filed for record binding the then fee owner, and any successors in interest in the said lands described in said Exhibit A, as well as binding the land itself, was only to make provision for the total payment in the future of that portion of the amount of a special assessment for a trunk sanitary sewer which was deferred, when and if the aforementioned tract of land subject to the original assessment was ever subdivided in the future; and WHEREAS, the lands described in said aforementioned Exhibit A have contemporaneously with the execution of this Agreement been subdivided in accordance with Edina's requirements now thereby requiring the payment of the remainder of the full original assessment for trunk sanitary sewer, which amount as hereinafter required to be paid and which payment is now in fact paid, will thereby satisfy fully the sole intent and purpose of the aforementioned Declaration and its covenant and restriction; and WHEREAS, the parties hereto are therefore desirous and willing to terminate, release, and discharge forever the aforementioned Declaration and the covenant and restriction contained therein in order that that Declaration shall no longer be binding upon the fee owners and their heirs, successors, representatives and assigns of said lands described in Exhibit A, and no longer run with and be binding upon said described tract of land; - 2- NOW, THEREFORE, it is agreed as follows: 1. Payment of Full Original Assessment for Trunk Sanitary Sewer. The sum of $351.00, previously paid, receipt and sufficiency of which is hereby acknowledged by Edina, is paid in order that there is effective as of the date hereof a full and complete payment of all sums due for the trunk sanitary sewer for services to the lands desccribed in said aforementioned Exhibit A. 2. Termination, Release and Discharge of Declaration. Effective as of the date hereof, the Declaration dated April 28, 1959 and filed for record in the office of the County Recorder in and for Hennepin County, Minnesota, on February 29, 1960, as Document Number 3222039, a certified copy of which is attached hereto as said Exhibit B, is hereby forever terminated, released and discharged, it no longer being of any further force and effect. 3. Acknowledgement of Subdivision of Lands. The parties hereto further acknowledge and agree that effective as of the date hereof, the lands described in said aforementioned Exhibit A have been subdivided and platted in accordance with the requirements of Edina relating thereto and said subdivided lots in the plat entitled "Oakridge of Edina" may each hereafter be improved and constructed upon in accordance with the building requirements of Edina then in force and effect. -3- 4. Heirs, Successors and Assigns. This Agreement shall insure to the benefit of, and be binding upon, the parties hereto and their respective heirs, successors, representatives and assigns. IN WITNESS WHEREOF, this agreement executed effective as of the day and year first above written: HMC Edina Properties, a Limited Partners o istin of Bahram Mozayen Lei Y'Pa ner, and Douglas W. Barr, Limited Partner By�� General Partner And Limited rtner ram Moza e y r r- • a Mozay6VIy 61 / Oak Ridge of Edina By c ael A. Halley, General a r City of Edina TWS INSTRUMENT WAS DRAFTED BY By Dorse & Whitne TS ;2200 First Bank Place East And Minnea olis PiN 55402 (name and address) -4- Its STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day 198 by Bahram Mozayeny, a /k /a B. Mozayeny general partner, and pbuglas W. Barr, limited partner of HMC Edina Properties, a limited partnership, for and on behalf af' s id partnership. z, OF MINNESOTA ) ss. COIWTII r OF HENNEPIN } t y Pub is D aM .. NOrk wN. MY CC;. i.. Set. z/, /983 The foregoing instrument was acknowledged before me this day of , 1984 by Bahram Mozayeny /and ~� y✓ Mozayeny, F#Eand and wife. aka B. Mozayeny A. S- CF'',MINNESOTA ) ss. ���q.,; ) CO✓U OF HENNEPIN ) L No ry Public NOTE ` � ��•, MiM: MY C(-- J s,� ,.. T. 41 apt, 41 �gs3 The foregoin instrument was acknowledged before me this day of 198 Eby Michael A. Halley, general partner of Oak Ridge of Edina, a limited partnership, for and on behalf of the corporation. JAAlFt L. THkL Notary Public e•-d. I;iSIO d a,n t, 7fvS -5- STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) he foregoing instrument was acknowledged before me this _� day of .�1z4Z , 198 "vlSy C. Wayne Courtney, Mayor Of City of Edina, a d by Kenneth E. Rosland, City Manager of City of Edina, a municipal corporation, for and on behalf of the municipal corporation. ^�a;, CRAIG L. :N] !� NOTARY PUBLI'• HENNEPIN ry ,���(.(((.•• My Commission Exp r� EXHIBIT A That part of Government Lot 3 in Section 4, Township 116 North, Range 21 West of the 5th Principal Meridian, described as follows: Beginning at a point on the east line of Government Lot 3 in said Section 4, distant 880 feet south of the northeast corner of said Lot 3; thence south along the east line of said Lot 3, a distance of 150 feet; thence west parallel with the north line of said Lot 3 a distance of 567 feet; thence north parallel with the east line of said Lot 3 a distance of 150 feet; thence east parallel with the north line of said Lot 3 a distance of 567 feet to the point of beginning; which lies westerly of a line run parallel with and distant 50 feet westerly of Line 1 described below: Line 1. From a point on the east line of said Section 41 distant 27.01 feet south of the east quarter corner thereof, run westerly at an angle of 85 degrees 06 minutes 19 seconds from said east section line (measured from north to west) for 237.68 feet to the point of beginning of Line 1 to be described; thence deflect to the left at an angle of 107 degrees 00 minutes 00 seconds for 251.31 feet; thence deflect to the right on a 08 degree 00 minute 00 second curve (delta angle 18 degrees 21 minutes 06 seconds) for 229.40 feet; thence on tangent to said curve for 221.91 feet; thence deflect to the left on a 05 degree 00 minute 00 second curve (delta angle 06 degrees 20 minutes 05 seconds) for 126.69 feet; thence on tangent to said curve for 300 feet and there terminating. v� =0247 X416 EXHIBIT B ITZzm WHEREAS, kA- ri4f //YE T F6EA'Y15T soaatimes hereinafter called the " Declarasts" are the fme oases of the fellowing described property situate in the Village of gdisa, County of 9asmmpha, state A H:nnesoca, legally described as follow. to-Wit- South 150 ft of 9.1030 ft. of R.567 ft Of Govt. 1A)t 7, e: State 9igb•ay Sec. 4- 116 -21 Par" .1 #5000 wHmAS, said property has bona, or Will be improved by the construction of only one residence thereon, in aceordasce with the provisions of the warranty Deeds transferring the property from farm use to residential use, WHEREAS, the Village of tdisa has constructed a trunk sanitary tower to service the above described and ocher property. wHt&W, the Village of tdius is willing to asses• the cost of tM tastallac:oo of said trunk sanitary sewer on the basis that only ono rasidesw say be constructed on each tract of land or lot at $ 675.00 rather than f 1,026.00 which was computed on total acreage. Spy, TKZ&V SZ. in consideration of the village of sdina asssas- ing the above described property on a tract or lot basin rather them on a front foot basis and is further consideration of 0me Dollar (1!1.00) sad other good and valuable consideration. the receipt sad sufficiency of adliob we hereby arkwwlodgad by said Declarants, said Doclarants do betey UPOM mpon the above described property the following eowart and fostrietion: 1. The above described property shall sot be improved by the construction of another residence thereon arrcapt for the eoestruetisn of a :aid oaidswe built to rsplmce the emistimg residence so that at so time shall property be improved by sore than ese residence chateau. 2. This covenant and restriction shall run with the land shave described and shall be binding upon the heirs, representatives and &001PS of said Declarants for a period of thirty (30) years from the date thSmof. 3. this co+ssast and restriction shall be for the bessfit of the Will"* of ediva and the village of 9dima shall bago the fi6bt to 6090M the aw is law or is equity and .ball sot be obligated at asp tials desist the • a M 15 CM Cp 3 3 ac :-C CID. .a d � 7 'MR X2247 m417 4, existence of this covenant sod restriction to inane a building Pam" fee sand sbre described Property for the construction of ae*tbar too 'I , - tharees saw sad except for the construction of a are residence to replace the existing residence on said property. if the property does not now been a residMea, that the Village of Rdina Will issue a permit for only one residnre. 4. it D*clwmts wish, in the future. to subdivide thin property is accordance with Village platting r *Quirsm"ts. the Village of 241" reserwa the right to levy the balance of the original assasemaec at $675.00 per cars against this property. IM USTU"y w=RgM, Deelarents have hereunto set their heads this day of In Presence Of: ' r STATS OF HINNISOTA) ) gS C0Urrr or N MrIN) On this ,r;W day of % a[ 1959, begot* sm. a Notary public within and got sold County. personally gpeared to r know to be the persons described is std who tascuted the foregoing instrument. and acknowledged that they executed the Gams as their few set and deed. .(Material goal) r ,y MV 4 IN 9y' riled for record as the 29 day of bob A.D. IVSU at 9030 *`*look A.N. A0 m na MA Tart Nc v z H OFFICE OF Otatr Of Atl nro ata 8s, Count Recorder OOUNTY OF HENNEPIN y I, R. DAN CARLSON, County Recorder, within and for said County of Hennepin and State of Minnesota. do hereby certify that I have carefully compared the above and foregoing copy of Doc. No. 3222039 with the record thereof as recorded in my office, in Book 2247 of Deeds page 416 and that the same is a true and correct photo -copy of the same, and of the whole thereof, and I do further certify that I am the officer in whose custody said record is required by law to be kept. In Witness Whereof I have hereunto set my hand and official seal this 21st day of December A. D. 19 81 R. DAN CARLSON County Recorder County of Hennepin, State of Minnesota Deputy CERTIFIED COPY OF ;Z22 7 Doc. No. 3222039 2 5 48 36 Declaration AF-9-13 5 7 3 6 010-0091 COUNTY RECORD ER HENNEPIN COUNTY, MINNESOTA HC 1002 R.D. ci: -F.z I VL NN C,11 :.N M, 14 p T 1 f i f j i I 1983 SEP -9 FM 3: 27 AS f-CCUM: N 48"25736 e-4. CO. RECORDER Z Z 7-7 4825191 AGREEMENT Agreement made as of this day of _Ijre+!`Y , 198'1--, by and among Joanne C. Willmert and Barry M. Willmert, her spouse, Oak Ridge of Edina, a limited partnership, and City of Edina, Minnesota, a municipal corporation. WHEREAS, Joanne C. Willmert and Barry M. Willmet ( "Willmert ") and Oak Ridge of Edina ( "Oak Ridge ") are all persons who have a legal and /or equitable interest in and to a tract of land situated in Hennepin County,,Minnesota, legally described on Exhibit A attached hereto and made a part hereof; and WHEREAS, at the sole and exclusive request of the City of Edina ( "Edina "), a certain Declaration, a true and correct copy of which is marked Exhibit B and is attached hereto and made a part hereof, was executed by a predecessor in title to the property described in the aforementioned Exhibit A, and there- after placed of, record in the office of the County Recorder in and for said Hennepin County as Document Number 3222040, which aforementioned Declaration was granted for the exclusive benefit of Edina and was and is enforceable solely by Edina for the reason hereinafter set forth in the following recital; and WHEREAS, Edina's interest in requiring the above - described Declaration to be executed and filed for record binding the then fee owner, and any successors in interest in the said lands described in said Exhibit A, as well as binding the land itself, was only to make provision for the total payment in the future of that portion of the amount of a special assessment for a trunk sanitary sewer which was deferred, when and if the aforementioned tract of land subject to the original assessment was ever subdivided in the future; and WHEREAS, the lands described in said aforementioned Exhibit A have contemporaneously with the execution of this Agreement been subdivided in accordance with Edina's requirements now thereby requiring the payment of the remainder of the full original assessment for trunk sanitary sewer, which amount as hereinafter specified, when paid, will thereby satisfy fully the sole intent and purpose of the aforementioned Declaration and its covenant and restriction; and WHEREAS, the parties hereto are therefore desirous and willing to terminate, release, and discharge forever the aforementioned Declaration and the covenant and restriction contained therein in order that that Declaration shall no longer be binding upon the fee owners and their heirs, successors, representatives and assigns of said lands described in Exhibit A, and no longer run with and be binding upon said described tract of land; NOW, THEREFORE, it is agreed as follows: 1. Payment of Full Original Assessment for Trunk Sanitary Sewer. The sum of $1,134.00, herewith paid, receipt and sufficiency of which is hereby acknowledged by Edina, is paid in order that there is effective as of the date hereof a full -2- and complete payment of all sums due for the trunk sanitary sewer for services to the lands described in said aforementioned Exhibit A. 2. Termination, Release and Discharge of Declaration. Effective as of the date hereof, the Declaration dated April 28, 1959 and filed for record in the office of the County Recorder in and for Hennepin County, Minnesota, on February 29, 1960, as Document Number 3222040, a certified copy of which is attached hereto as said Exhibit B, is hereby forever terminated, released and discharged, it no longer being of any further force and effect. 3. Acknowledgement of Subdivision of Lands. The parties hereto further acknowledge and agree that effective as of the date hereof, the lands described in said aforementioned Exhibit A have been subdivided and platted in accordance with the requirements of Edina relating thereto and said subdivided lots in the plat entitled "Oakridge of Edina" may each hereafter be improved and constructed upon in accordance with the building requirements of Edina then in force and effect. 4. Heirs, Successors and Assigns. This Agreement shall insure to the benefit of, and be binding upon, the parties hereto and their respective heirs, successors, representatives and assigns. IN WITNESS WHEREOF, this agreement executed effective as of the day and year first above written: -3- aoa� Willmert Barfly M. / Willmert OAK RIDGE OF EDINA By Michael A. alley, Gene Par er _ a CITY OF EDINA By ems• STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The fore oing instrument was acknowledged before me this 444 day of - , 198.E by Joanne C. Willmert and Barry M. Willmert, wi a and husband. Notes Public STATE OF MINNESOTA SS. �.... %7 Cc rash "'ii, 1067 COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this '75'k day of 198 by Michael A. Halley, general partner of Oak Ri ge of Edina, a imited artnership, for and on behalf of the partnership. THOMAS P " -.miL tary Public "OT av EHN ON commission „ tNT19 Y t np 9es -4- EXHIBIT A The East 317 feet of the South 150 feet rOf the Vo4,h 860 f ect of the East 987 feet of the South hall of Township 11G North, F.a:�9e 21 west of the 5th Principal Meridian and The East 317 feet of the North 150 feet of the South 300 fe0t of the North 880 feet of the East 987 feet of the South half of Section 4, Township n, County ► tiinhe so to , also 116, Range 211 Hennepi described as the East 317 feet of that part of Goverment Lot 3 in Section 4, To v"nship 116 North, Range 21 West, He :mepin County, rii.nnesota, described as follows: beginning at a point on the East line of Goverment Lot 3 in said Section 4, which poi" is distant $80 feet South of the Northeast corner Of said Gover=or,t Lot 3; thence South along the East line of said Lot a distance of 150 feet; thence West parallel with the Borth line of said Government Lot 3 a distance of 937 feet; thence North parallel w'_ta the East line of said Lot 3 a distance of 150 feet; thence Last 937 feet to the point of beginning 6M47 waM EXHIBIT B � 1 seastiass beretaafter called the "Doclarmacs" are the too ours of the tells" described property situate is the Willa* of !dugs County of ■ssenpla. State Of Minnesota, legally described as follows, to -writ; West 870 foot of E 967 feet of s 130 feet of Rortb 860 foot of Cwt. Lot 3 sec. 4- 116-21 ft real 04300 WKWAS, said Property has been, or will be improved by the •onstruction of only one residence thereon, in accordance with the Previsions of the Warranty Deeda transferring the Property from farm use to residential use. WKERLAS, the Village of Edina has constructed a truak sanitary senor to service the above described and other property, W1 U-4.5, the V111age of [dins is willing to aasass the cost of Cho installation of said trunk sanitary sewer on the basis that only one residence may be constructed on each tract of land or lot at S 673.00 rather than 1 1,801.00 which was computed on total acreage. ON, THERVORt, in consideration of the Village of Sdina "eaSs- ing the above described property on a tract or lot boats rather then no a front foot basis sod to further consideration of One Dollar (11.00) ad ether good and valuable eessideration, the receipt ad sufficiency of which are hereby ackwwlsdged by said Declarants, said Doclarents do hereby tmpose wpm the above described property the following covenant and restriction: 1. The above described property shall not be improved by the eoastevcttoo Of •nether residence thereon except for the eenstructioo of a residence built to replace the existing rosidsnco eo chat St So tins shall said property be improved by morn than ens residence tharsos. 2. This covenant and restriction shall rue with the lad above described and shall be binding upon the hairs, representatives ad "five of Said DOelarats for a period of thirty ;w) years from the dais thmroof. 3. This covenant and restriction sb 11 be for the benefit of the tillage of Odin& and the Village of Was shall be" the right to enforce the SSW is lmr or is equity mad Shall sot be obligated of Say tie during the r� aA i s-- ;SG M CAP cm ems y.. a ; b- . ._a , s� _ t 1247 =419 e:istaw of this co anaat god raatrietiaa to laws a hsiidiNg p4slifit eat said above described prepaTty for the w"trwttim of soot►sr MoUseaa thatew aa1A gad estept for the tonstrvctioa of a saw raaf.6nes to saelsoa the sat"CUS residaaw on said Property. if the Property does we cave base a sasideatas than the rillade of Man will issue a Perwit for only son residents. 4. If Doelata►ts with, is the "two, to subdivide this property is accordance with Village Platting rpuirweatr, the village of tdisa reserves the right to lcry the balauto of t;.e original aasssassat At $673.00 Per ogre against this Property. ill T&STUMT t#2i90P, Declarants haws hereunto set their hands this day of Io Pregame Of; it STATE OP KIMMSOTA) )SS COUM Cr ra Fly) On this day of `'' 1lSf, before M. s Dotary Public within and for said County. personally appeared /r. •� l.. �,i .� - to se haown to be the personl described is aN As arsouted the.forsgoinf tastrussnt, and acknowledged that they utlwt••d the Gans M their tree act and dead. ,ecarlal Saal) P►,.•. for retard on th•• fY ds:: of rah A.% MO at 0130 o'otwh AJf. 1� Cii STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) he foregoing instrument was acknowledged before me this Ii day 1987/ty C. Wayne Courtney, Mayor of City of Edina, a d by Kenneth 1, Rosland, City Manager of City of Edina, a municipal corporation, for and on behalf of the municipal corporation. 11qj1�jjj1'jp 1111411,11 CRAIG L. LARSEN '� ►' NOTARY PUBLIC • MINNESOTA :Nr'I COUNTY My COMMIS$Ion Explret Sept. 35, 3984 THIS INSTRUMENT WAS DRAFTED'` (name acrd ari r OFFICE OF #tatr of iginnPoota s. County Recorder OOL'NTY OF HENNEPM I, R. DAN CARLSO N. l'„unt\ -uid County of Iennepin and Statc ,,f NIinne,uta. du hervl,.% ccI•tifY that I ha \v c,0'Vfull\' compared the above an i t rk �Tuinr cr lii If _ ??ECL���TI with the record thereof as recurdett In Ill \' Uffll'e, In Iinih 2247 of ePpds page 428 and thal, tile ;ame i; it true and correct ph(itu -col)> I)f ti,c and of the whole thereof. and I do further certif\ that I am the officer in % hu;e custody ;aid I•ecurd is required by laic to be kept. In Witlle;� Whereuf I ha\e hurt-L111111 ;et mY hand and ,f i,lal ;ea) thi; � A Ilan of December A. D. 19 Al R. DAN CARLSON County Recorder Count.\-�)f Hennepin. State of :Minnesota i B\ Deput% CERTIFIED COPY (W —DECTARATION 482519 ZZZ7 SEP-8-13 5 1 1 s 009-009, OFFICE UF Cou'll", t,LCGRO;,R HENYTIN COUNi 1983 SEP -8 AN 11: 51 AS FOCUMEN I t. 2591 CO. RECORDER EKI T y (1)(INTY 1 {EC0111)ER �Jf 3L10 IIE'NNETIN ('01INTY. MINN ESOTA HC 1002 R.D. H