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Home My WebLink About2505ND FMOR TAXES PAID - TAXPAYER SERVICES TRANSFER ENTERED ;N AGREEMENT N C:():.:NT ihWN ryFPUTY THI GREEMENT made and entered into this IS �day of 1996, by and be en CITY OF EDINA, a Minnesota municipal corporation (hereinafter called "City "), and PAUL O. SANDERSON and JANET R. SANDERSON, husband and wife (hereinafter called "Owner," whether one or more). WITNESSETH, THAT: WHEREAS, Michael C. Dunn and Ellen S. Dunn, husband and wife, as vendor, and the Owner. as vendee, have entered into a Contract for Deed dated November 30, 1995 with respect to the property situated in Edina, Hennepin County, Minnesota, described on Exhibit A- attached hereto (hereinafter referred to as the "Subject Property "); and WHEREAS, there is located on the Subject Property an accessory building formerly occupied as a stable and servants" quarters (hereinafter referred to as the "Accessory Building ") and the Owner proposes to renovate the Accessory Building; and WHEREAS, because the area occupied by the Accessory Building exceeds 1,000 square feet, the Accessory Building constitutes a nonconforming building under the Edina City Code, and the proposed renovation of the Accessory Building may not be undertaken without a variance from the requirements of the Edina City Code which limit alteration of non - conforming buildings; and WHEREAS, the Owner has applied for a variance from the requirements of the Edina City Code to permit the renovation of the Accessory Building, and the City did on March 21, 1996, in Case B -96 -8, grant the requested variance because strict enforcement of the City ordinances, would, in this case, cause undue hardship because of circumstances unique to the Subject Property, and the grant of such variance has been determined by the City to be in keeping with the spirit and intent of the applicable ordinances, but the variance was conditional upon the execution, delivery and recording of this Agreement, and upon the conditions hereinafter set out in this Agreement, which the City deems necessary to impose to ensure compliance with applicable City ordinances and to protect adjacent properties; and WHEREAS, Owner is agreeable to the granting of the variance subject to the conditions hereinafter set out. 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. Conditions, The Owner agrees that (i) all water and electric service to the Accessory Building shall be connected through the lines providing such service to the residence located on the Subject Property; (ii) no more than one "Dwelling Unit" as defined in Section 850.03, subdivision 3 of the Edina City Code may be located on the Subject Property; (iii) the Accessory Building shall not contain a complete kitchen area (i.e., a room containing a cooking range, refrigerator and sink); and (iv) the existing footprint of the Accessory Building may not be altered. 2. 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. 3. 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. 4. 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, M-Jifuzesota 5542Y;_ Attention: City Manager To Owner: 5117 Schaefer Road Edina, Minnesota 55436 Such addresses may be changed by either party upon notice to the other party given as herein provided. -2- 5. 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. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be duly executed the day and year first above written. (SEAL) 52 CITY OF EDINA By Its Mayor And Its Manager Paul Q. Sanderson Janet R. Sanderson Consented .. A-Z 44UA-,--_ ael G. Dunn llen S. Dunn STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) foregoing instrume t was ac owI d d before me this day of 1996, by , - ��Zy� t ,� ,�' �C 11 and I Y-4U Ll F J_L the Mayor and City Manager, respectively, of the City Edina, a Minnesota municipal corporation, on behalf of the corporation. • • 18JOYCE G. REPYA NOTARY PUBLIC - MINNESOTA 1MY Comm. EXPIMS Jam 31.2000 • STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Notary P bhc The foregoing instrument was acknowledged before me this -'day of 44 1996, by Paul O. Sanderson and Janet R. Sanderson, husband and wifg leJOYCE G. REPYA , ��04 NOTARY PUBLIC - MINNESOTA t y COMM' ExOres Jam 31.200o Notary Public t -4- CKorgto, STATE OF ) GI LI r--.- ) ss. COUNTY OF HEN N ) The foregoing instrument was acknowledged before me this -' - day of 1996, by Michael G. Dunn and Ellen S. Dunn, husband and wife. a. V , A t-1 A9.1� Notary Public THIS INSTRUMENT IS EXEMPT FROM STATE DEED TAX. Drafted by: DORSEY & WHITNEY LLP (JPG) 220 South Sixth Street Minneapolis, Minnesota 55402 -5- e EXHIBIT A Lot 24, Auditor's Subdivision Number 325, Hennepin County, Minnesota, according to the recorded plat thereof. ND FRIog TAXES PAID TAXPAYER SERVICES TRANSFE9 ENTERED AGREEMENT N rc)+.NTY ,1K N THI GREEMENT made and entered into this Is-thday of 7� ; 1996, by and be en CITY OF EDINA, a Minnesota municipal corporation (hereinafter called "City "), and PAUL O. SANDERSON and JANET R. SANDERSON, husband and wife (hereinafter called "Owner," whether one or more). WITNESSETH, THAT: WHEREAS, Michael C. Dunn and Ellen S. Dunn, husband and wife, as vendor, and the Owner, as vendee, have entered into a Contract for Deed dated November 30, 1995 with respect to the property situated in Edina, Hennepin County, Minnesota, described on Exhibit A, attached hereto (hereinafter referred to as the "Subject Property "); and WHEREAS, there is located on the Subject Property an accessory building formerly occupied as a stable and servants' quarters (hereinafter referred to as the "Accessory Building ") and the Owner proposes to renovate the Accessory Building; and WHEREAS, because the area occupied by the Accessory Building exceeds 1,000 square feet, the Accessory Building constitutes a nonconforming building under the Edina City Code, and the proposed renovation of the Accessory Building may not be undertaken without a variance from the requirements of the Edina City Code which limit alteration of non - conforming buildings; and WHEREAS, the Owner has applied for a variance from the requirements of the Edina City Code to permit the renovation of the Accessory Building, and the City did on March 21, 1996, in Case B -96 -8, grant the requested variance because strict enforcement of the City ordinances, would, in this case, cause undue hardship because of circumstances unique to the Subject Property, and the grant of such variance has been determined by the City to be in keeping with the spirit and intent of the applicable ordinances, but the variance was conditional upon the execution, delivery and recording of this Agreement, and upon the conditions hereinafter set out in this Agreement, which the City deems necessary to impose to ensure compliance with applicable City ordinances and to protect adjacent properties; and WHEREAS, Owner is agreeable to the granting of the variance subject to the conditions hereinafter set out. 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. Conditions. The Owner agrees that (i) all water and electric service to the Accessory Building shall be connected through the lines providing such service to the residence located on the Subject Property; (ii) no more than one "Dwelling Unit" as defined in Section 850.03, subdivision 3 of the Edina City Code may be located on the Subject Property; (iii) the Accessory Building shall not contain a complete kitchen area (i.e., a room containing a cooking range, refrigerator and sink); and (iv) the existing footprint of the Accessory Building may not be altered. 2. 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. 3. 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. 4. 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, Mu L1iesUld SDfc.7 Attention: City Manager To Owner: 5117 Schaefer Road Edina, Minnesota 55436 Such addresses may be changed by either party upon notice to the other party given as herein provided. -2- 5. 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. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be duly executed the day and year first above written. (SEAL) CITY OF EDINA � t By~ Its Mayor And Its Manager Paul Q. Sanderson Janet R. Sanderson Consented •. Ai6mmael G. Dunn 0104romm''a own Wm��= STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was ac owl (mitb�?y 1996, by �t � a the Mayor and c Edina, a Minnesota municipal corporation, 1(8M• JOYCE G. REPYA • NOTARY PUBLIC - MINNESOTA Y Comm. Expires Jan. 31.2000 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowli 1996, by Paul O. Sanderso� wif JOYCE G. REPYA NOTARY PUBLIC - MINNESOTA MY Comm. Expires Jan. 31.2000 ■ • p -4- ed before me thisday of d and Manager, respectively, of the City behalf of the corporation. otary !dged before me this P day of and Janet R. Sanderson, husband and .-el Notary Public G- t�vr�ta STATE OF fv�S9T-r°� ) Giy F--•- ) ss. COUNTY OF HENNEHN ) The foregoing instrument was acknowledged before me this (� day of P k k l,c , 1996, by Michael G. Dunn and Ellen S. Dunn, husband and wife. TIM Notary Public THIS INSTRUMENT IS EXEMPT FROM STATE DEED TAX. Drafted by: DORSEY & WHITNEY LLP (JPG) 220 South Sixth Street Minneapolis, Minnesota 55402 -5- EXHIBIT A Lot 24, Auditor's Subdivision Number 325, Hennepin County, Minnesota, according to the recorded plat thereof. 277649G • AMSTER0 VOL-2dS-D PAGE--jaa22 0-py OFFICE OF THE RBGWW OF TITLES HENNEPIN COUNTY, MLN I Sp CERTIFIED FILED ON TA JAN 8 1997 (SM X7 14912, ea-Ae� qFrfq!RAR OF TITLES gy - DEPUTY m? �