HomeMy WebLinkAbout2585Doc No 8468333 11/0212004 09:28 AM
Certified filed and or recorded�on above date:
Office of the County Rekorder
Hennepin County, Minnota
Michael H. Cunniff, County R order
Deputy 55 TranslD 717 5
Fees
$15.00 DOC
$4.50 SUR
$1.00 COPY
$20.50 Total
AGREEMENT
This Agreement is entered into this 1"' day of August, 2004, by and among William H.
and Dianne M. Spell (the "Spells ") and the City of Edina (the "City "), a municipal corporation.
This Agreement is intended to cover and bind the parties hereto and their respective successors
and assigns.
RECITALS
A. The Spells are the owners of the residential property located at 4706 White Oaks
Drive, Edina, Minnesota 55424, legally described as follows:
Lot 3, White Oaks 4th Addition, Hennepin County, Minnesota (the
"Spells' Property).
B. Only a portion of the public right -of -way located in front of the Spells' Property
has a roadway constructed on it.
C. The Spells desire to place certain landscaping improvements (the
"Improvements "), including a boulder wall, in the vacant portion of the public right -of -way
located in front of the Spells' Property (the "Right -of -Way Area ").
D. The City is willing to allow the Spells to locate the Improvements in the Right -of-
Way Area until such time as the City constructs, and opens, a public roadway in the Right -of-
Way Area.
E. The parties enter into this Agreement to confirm their understanding that the
Spells shall bear the cost of removing the Improvements if the City chooses to construct, and
open, a public roadway in the Right -of -Way Area.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals and for the mutual
consideration set forth below, the parties agree as follows:
I. Construction of Improvements. The City agrees that the Spells shall be allowed
to construct and maintain the Improvements in the Right -of -Way Area until such time as the City
may choose to construct, and open to the public, a roadway on the Right -of -Way Area.
2. Removal of Improvements. In the event the City constructs, and opens to the
public, a roadway on the Right -of -Way Area, the Spells agree to promptly remove the
Improvements and shall indemnify and hold the City harmless from any costs incurred in
connection with removal of the Improvements from the Right -of -Way Area.
3. Signatures. Any person executing this Agreement in a representative capacity
represents and warrants to the other parties that they have full authority to do so.
IN WITNESS WHEREOF, the parties have set their hands to this Agreement as of the
date set forth above.
WILLI •H. L
DIA7A M. SPELL V
STATE OF MINNESOTA)
)ss
COUNTY OF HENNEPIN)
On this 3 �)
, Y Y of �SL���'i ?���. =�--- , 2004, before me a Notary Public
within and for said County personally appeared: - CS -/ , and
to me known to be the person described in and who
executed the foregoing instrument and acknowledge that they executed the same as their free act
and deed.
(Notarial Seal)
:AN Asc
Notay
New
2
. . , . ,l , . 1.
ti
CITY OF EDINA
• /
_ 1
STATE OF MINNESOTA)
) SS
COUNTY OF HENNEPIN)
The foregoing instrument was cknowledged before this day of
2004, by .� E OL ;,� , and
CA tR-n , the 6- c, and
�G <G/ , respectively, of th ITY OF EDINA, a Minnesota
(Notarial Seal)
half of the municipal corporation.
Notary Public
3
AGREEMENT
This Agreement is entered into this I `r� day of August, 2004, by and among William H.
and Dianne M. Spell (the "Spells ") and the City of Edina (the "City "), a municipal corporation.
This Agreement is intended to cover and bind the parties hereto and their respective successors
and assigns.
RECITALS
A. The Spells are the owners of the residential property located at 4706 White Oaks
Drive, Edina, Minnesota 55424, legally described as follows:
Lot 3, White Oaks 4th Addition, Hennepin County, Minnesota (the
"Spells' Property).
B. Only a portion of the public right -of -way located in front of the Spells' Property
has a roadway constructed on it.
C. The Spells desire to place certain landscaping improvements (the
"Improvements "), including a boulder wall, in the vacant portion of the public right -of -way
located in front of the Spells' Property (the "Right -of -Way Area ").
D. The City is willing to allow the Spells to locate the Improvements in the Right -of-
Way Area until such time as the City constructs, and opens, a public roadway in the Right -of-
Way Area.
E. The parties enter into this Agreement to confirm their understanding that the
Spells shall bear the cost of removing the Improvements if the City chooses to construct, and
open, a public roadway in the Right -of -Way Area.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals and for the mutual
consideration set forth below, the parties agree as follows:
1. Construction of Improvements. The City agrees that the Spells shall be allowed
to construct and maintain the Improvements in the Right -of -Way Area until such time as the City
may choose to construct, and open to the public, a roadway on the Right -of -Way Area.
1
2. Removal of Improvements. In the event the City constructs, and opens to the
public, a roadway on the Right -of -Way Area, the Spells agree to promptly remove the
Improvements and shall indemnify and hold the City harmless from any costs incurred in
connection with removal of the Improvements from the Right -of -Way Area.
3. Signatures. Any person executing this Agreement in a representative capacity
represents and warrants to the other parties that they have full authority to do so.
IN WITNESS WHEREOF, the parties have set their hands to this Agreement as of the
date set forth above.
WILLIAM LL
- f
DIA A M. SPELL '
STATE OF MINNESOTA)
)ss
COUNTY OF HENNEPIN)
On this /. day of &L1gd&- — , 2004, before me a Notary Public
within and for said County personally appeared:h/°4/M �� , and
" t
to me known to be the perso described in and who
executed the foregoing ins ent and acknowledge that they executed the same as their free act
and deed.
(Notarial Seal)
no W
MY COMMIWtMastm...."
q4-/
Notary ublic
2
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$ � MiN ��hN�1r =�iJ�
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�; ,� mot, ray ix ,
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CITY OF EDINA
Its: yVl zo`
and
Its:
STATE OF MINNESOTA)
) SS
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before m this day of
i , 2004, by I k0 �► �S ti � , and
the and
L Q , respectively, of th ITY OF EDINA, a Minnesota
of the municipal corporation.
NOTARY PUBLIC - MINNESOTA
My commission Expires Jan. 31 7009
(Notarial Seal)
Notary Public
3