HomeMy WebLinkAbout2483ANO PRIOR TAXES PAID
TAXPAYER SERVICES
.r . TRANSFER ENTERED
63804
JAN 13 1995
A_ GREEMENT
E P I N CC INN.
DEPUTY
j 4T IS AGREEMENT made and entered into this 15th day of November,
1994, by an etween CITY OF EDINA, a Minnesota municipal corporation
(hereinafter called "City "), and DONOVAN A. ERICKSON and BETH H.
ERICKSON, husband and wife (hereinafter called "Owner," whether one or more).
WITNESSETH, THAT:
WHEREAS, Owner is the owner of the property situated in Edina,
j Hennepin County, Minnesota, described on Exhibit A attached hereto (hereinafter
called "Parcel A ") and on Exhibit B attached hereto (hereinafter called "Parcel B "),
which has a present address of 5501 Londonderry Road (Parcel A and Parcel B are
hereinafter together referred to as the "Subject Property "); and
N WHEREAS, in order to permit the development of a new single family
dwelling unit on Parcel B, the Owner applied to the City for a lot division with
respect to Parcel A and Parcel B and by resolution adopted February 22, 1994, the City
i Council approved the lot division with respect to Parcel A and Parcel B on the
condition that driveway access to Parcel B be from Londonderry Road or Stauder
Circle only and that no driveway access be granted from Parcel A or Parcel B to lots
lying to the south and east; and
WHEREAS, the Owner is agreeable to such conditions of approval of
the lot division with respect to Parcel A and Parcel B.
NOW, THEREFORE, for and in consideration of the granting by the
City of the above requested lot division and the mutual covenants and agreements
hereinafter set out, the parties hereto do hereby agree as follows:
1. Access to Parcel B from Stauder Circle or Londonderry Road Only.
The Owner agrees that driveway access to Parcel B shall be from Stauder Circle or
Londonderry Road only and the Owner shall not utilize a driveway from Parkwood
Road to provide access to Parcel B.
2. No Access Over Parcel A or Parcel B. The Owner agrees that it will
not grant or permit driveway access over Parcel A or Parcel B to lots lying to the
south and east of such lots.
3. Enforcement. This Agreement may be enforced by the City by legal
or equitable action in Hennepin County District Court. The Owner agrees to pay all
costs and expenses incurred by the City in enforcing this Agreement, including
reasonable attorneys fees, whether suit be brought or not, with interest at the rate of
twelve percent (12 %) per annum or the highest rate then allowed by law from the
dates such costs and expenses were incurred until paid.
4. Severability. If any term, condition, or provision of this Agreement,
or the application thereof to any person or circumstance, shall, to any extent, be held
to be invalid or unenforceable, the remainder hereof and the application of such
term, provision, and condition to persons or circumstances other than those at 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 effective and to be complied with to the full extent
permitted by law.
5. Notices. All notices, reports, or demands required or permitted to be
given under this Agreement shall be in writing and shall be deemed to be given
when delivered personally to any officer of the party to which notice is being given,
or when deposited in the United States mail in a sealed envelope, with registered or
certified mail postage prepaid thereon, addressed to the parties at the following
addresses:
To City: 4801 West 50th Street
Edina, Minnesota 55424
Attention: City Manager
To Owner: 5501 Londonderry Road
Edina, Minnesota 55436
Such addresses may be changed by either party upon notice to the other party given
as herein provided.
6. Agreement Runs With the Land. The terms and provisions hereof
shall be binding upon the parties hereto, and their respective successors and assigns,
and shall run with the title to the Subject Property and be binding upon all present
and future owners of the Subject Property.
-2-
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be duly executed the day and year first above written.
-3-
CITY OF EDINA
By
Its Mayor
And
Its Manager
Dann u c, fr I c (�so
6C4Vh W. �nc.lcsOVA
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing insstrument was acknowledged before me this /19k day of
_
199,f, by Fk ^'d tom« k and
�ht SILA. , the Mayor and City Manager, respectively, of the City
of Edina, a Minnesota municipal corporation, on behalf of the corporation.
aeeroc�
IMRR E!. 1-. a t.1'. r�aA
HER' F �; d -iY
vWyJV t ".yCcr.,m. ,vnC.r.rc� Ar,.21.1998
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
-7�?, 0
Notary Public
The foregoing instrument was acknowledged before me this S day of
/V o vft* wiz ,1994, by BED y Aedc*r l and 4. husband
and wife.
FOJEFFREY M. SCHCEIVWETTER
NOTARY PUBLIC M: lNESOTA
woHENNEPIN COUNTY Notary Public
Cp M Expires Jan. 31,19®9
THIS INSTRUMENT IS EXEMPT FROM STATE DEED TAX.
Drafted by:
DORSEY & WHITNEY (JPG)
220 South Sixth Street
Minneapolis, Minnesota 55402
-4-
<. t
EXHIBIT A
Lot 4, Block 5, Parkwood Knolls, according to the recorded plat thereof Hennepin
County, Minnesota and that part of Lot 5, said Block 5 lying northerly of the
following described line:
Commencing at the northeast corner of said Lot 4, thence on an
assumed bearing of South 71 degrees 50 minutes 29 seconds West along
the north line of said Lot 4 a distance of 179.00 feet to the northwest
corner of said Lot 4; thence South 22 degrees 30 minutes 54 seconds East
along the west line of said Lot 4 a distance of 206.82 feet to the
southwest corner of said Lot 4 which is the point of beginning of the
line to be described; thence South 83 degrees 28 minutes 27 seconds
West a distance of 98.25 feet; thence North 38 degrees 29 minutes 21
seconds West a distance of 105.73 feet to the westerly line of said Lot 5
and there terminating.
r
EXHIBIT B
That part of Lot 5, Block 5, Parkwood Knolls, according to the recorded plat thereof
Hennepin County, Minnesota lying southerly of a line described as follows:
Commencing at the northeast corner of Lot 4 of said Block 5; thence on
an assumed bearing of South 71 degrees 50 minutes 29 seconds West
along the north line of said Lot 4 a distance of 179.00 feet to the
northwest corner of said Lot 4; thence South 22 degrees 30 minutes 54
seconds East along the west line of said Lot 4 a distance of 206.82 feet to
the southwest corner of said Lot 4 which is the point of beginning of
the line to be described; thence South 83 degrees 28 minutes 27 seconds
West a distance of 98.25 feet; thence North 38 degrees 29 minutes 21
seconds West a distance of 105.73 feet to the westerly line of said Lot 5
and there terminating.
6387804
13JAN9515:55 A6387804 S $4.50
1 TAN9515:55 A6387604 CEO C $16.00
077 T 0 � 11 f 40 RDER
KnUM SAN Y, MASKSOTA
KID (IN,
N25 JAN 13 PM 3: 56
6387804
C I R E C 0 R LE R
y
1AXPAYER SERVICES
TPAt'NSF':7P ENTERED
AN 13 1995
AGREEMENT
._.E rbetween D E 4� 1 rr GREEMENT made and entered into this 15th day of November,
1994, by d CITY OF EDINA, a Minnesota municipal corporation
(hereinafter called "City "), and DONOVAN A. ERICKSON and BETH H.
ERICKSON, husband and wife (hereinafter called "Owner," whether one or more).
WITNESSETH, THAT:
WHEREAS, Owner is the owner of the property situated in Edina,
Hennepin County, Minnesota, described on Exhibit A attached hereto (hereinafter
called "Parcel A ") and on Exhibit B attached hereto (hereinafter called "Parcel B "),
which has a present address of 5501 Londonderry Road (Parcel A and Parcel B are
hereinafter together referred to as the "Subject Property "); and
WHEREAS, in order to permit the development of a new single family
dwelling unit on Parcel B, the Owner applied to the City for a lot division with
respect to Parcel A and Parcel B and by resolution adopted February 22, 1994, the City
Council approved the lot division with respect to Parcel A and Parcel B on the
condition that driveway access to Parcel B be from Londonderry Road or Stauder
Circle only and that no driveway access be granted from Parcel A or Parcel B to lots
lying to the south and east; and
WHEREAS, the Owner is agreeable to such conditions of approval of
the lot division with respect to Parcel A and Parcel B.
NOW, THEREFORE, for and in consideration of the granting by the
City of the above requested lot division and the mutual covenants and agreements
hereinafter set out, the parties hereto do hereby agree as follows:
1. Access to Parcel B from Stauder Circle or Londonderry Road Only.
The Owner agrees that driveway access to Parcel B shall be from Stauder Circle or
Londonderry Road only and the Owner shall not utilize a driveway from Parkwood
Road to provide access to Parcel B.
2. No Access Over Parcel A or Parcel B. The Owner agrees that it will
not grant or permit driveway access over Parcel A or Parcel B to lots lying to the
south and east of such lots.
3. Enforcement. This Agreement may be enforced by the City by legal
or equitable action in Hennepin County District Court. The Owner agrees to pay all
costs and expenses incurred by the City in enforcing this Agreement, including
reasonable attorneys fees, whether suit be brought or not, with interest at the rate of
twelve percent (12 %) per annum or the highest rate then allowed by law from the
dates such costs and expenses were incurred until paid.
4. Severability. If any term, condition, or provision of this Agreement,
or the application thereof to any person or circumstance, shall, to any extent, be held
to be invalid or unenforceable, the remainder hereof and the application of such
term, provision, and condition to persons or circumstances other than those at 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 effective and to be complied with to the full extent
permitted by law.
5. Notices. All notices, reports, or demands required or permitted to be
given under this Agreement shall be in writing and shall be deemed to be given
when delivered personally to any officer of the party to which notice is being given,
or when deposited in the United States mail in a sealed envelope, with registered or
certified mail postage prepaid thereon, addressed to the parties at the following
addresses:
To City: 4801 West 50th Street
Edina, Minnesota 55424
Attention: City Manager
To Owner: 5501 Londonderry Road
Edina, Minnesota 55436
Such addresses may be changed by either party upon notice to the other party given
as herein provided.
6. Agreement Runs With the Land. The terms and provisions hereof
shall be binding upon the parties hereto, and their respective successors and assigns,
and shall run with the title to the Subject Property and be binding upon all present
and future owners of the Subject Property.
-2-
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be duly executed the day and year first above written.
CITY OF EDINA
By �
Its Mayor
And
Its Manager
Jono U C4,1 fr (CS6
��� /T<-; 4,t,�
3��4 -y� N . �Z n c Ics o ✓�
1911
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this /19-\ day of
w 1994', by Fred c t k and
y n� s 1 A--A , the Mayor and City Manager, respectively, of the City
of Edina, a Minnesota municipal corporation, on behalf of the corporation.
.; MARCE! . A r1- r HN
=O +A
NOTARY i ,
HENN-L.
r.'.y Ccr:m cs:c:i Gx;,1 c3 Ap.. 21. 1S96
STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
` 00je � Zvi, PL -�
Notary Public
The foregoing instrument was acknowledged before me this S day of
Al G y f of �� ,1994, by I3 ,c7tl d1 AVM,,,,/and husband
and wife.
•� JEFFREY M. SCHCiVWETTER
NOTARY PU13UC - M, INNWESaC A
HENNEPIN COUNTY Notary Public
My C ffrtAssion Expires Jan. 31.1999
THIS INSTRUMENT IS EXEMPT FROM STATE DEED TAX.
Drafted by:
DORSEY & WHITNEY (JPG)
220 South Sixth Street
Minneapolis, Minnesota 55402
-4-
<. w
EXHIBIT A
Lot 4, Block 5, Parkwood Knolls, according to the recorded plat thereof Hennepin
County, Minnesota and that part of Lot 5, said Block 5 lying northerly of the
following described line:
Commencing at the northeast corner of said Lot 4, thence on an
assumed bearing of South 71 degrees 50 minutes 29 seconds West along
the north line of said Lot 4 a distance of 179.00 feet to the northwest
corner of said Lot 4; thence South 22 degrees 30 minutes 54 seconds East
along the west line of said Lot 4 a distance of 206.82 feet to the
southwest corner of said Lot 4 which is the point of beginning of the
line to be described; thence South 83 degrees 28 minutes 27 seconds
West a distance of 98.25 feet; thence North 38 degrees 29 minutes 21
seconds West a distance of 105.73 feet to the westerly line of said Lot 5
and there terminating.
v .
EXHIBIT B
That part of Lot 5, Block 5, Parkwood Knolls, according to the recorded plat thereof
Hennepin County, Minnesota lying southerly of a line described as follows:
Commencing at the northeast corner of Lot 4 of said Block 5; thence on
an assumed bearing of South 71 degrees 50 minutes 29 seconds West
along the north line of said Lot 4 a distance of 179.00 feet to the
northwest corner of said Lot 4; thence South 22 degrees 30 minutes 54
seconds East along the west line of said Lot 4 a distance of 206.82 feet to
the southwest corner of said Lot 4 which is the point of beginning of
the line to be described; thence South 83 degrees 28 minutes 27 seconds
West a distance of 98.25 feet; thence North 38 degrees 29 minutes 21
seconds West a distance of 105.73 feet to the westerly line of said Lot 5
and there terminating.
Ic,
I S35 i 13 PM 3: 56
638"1804'
c RE c 0 P n Z P