Loading...
HomeMy WebLinkAbout2620December 19, 2006 Sharon Allison City of Edina 4801 W. 50th Street Edina, Minnesota 55424 Re: Dear Sharon : Attached is a sta recorded in the Office of 14, 2006 at 3 p.m. as Dc The original will Enclosures cc: Jerry Gilligan HORSEY deEtt Allen Senior Paralegal (612) 340 -2882 FAX (612) 340 -2644 allen.deeft@dorsey.com with Nine Mile Village Townhouse Association d copy of the above captioned Agreement, dated May 2, 2006, Registrar of Titles of Hennepin County, Minnesota, on December lent No. 4337355 on Certificate of Title No. 475185. returned at a later date. Very truly yours, deEtt Allen DORSET/ & WHITNEY LLP • WWW.DORSEY.COM • T 612.340.2600 • F 612.340.2868 SUITE 1500 • 50 SOUTH SIXTH STREET - MINNEAPOLIS, MINNESOTA 55402 -1498 USA CANAn^ EUROPE ASIA Doc No 4337355 12/14/2006 03:00 PM Certified filed and or recorded on above date: Office of the Registrar of Titles Hennepin County, Minnesota Michael H. Cunniff, Registrar of Titles TranslD 276880 Deputy 13 New cert Cert Fees 475185 $1.50 AF $10.50 STATEFEE $34.00 TDOCFEE $0.00 TSUR $2.00 COPY $48.00 Total This Agreement MILE VILLAGE TOW] (hereinafter called the "( (hereinafter called "Edir Attention: City Manage AGREEMENT s made and entered into as of this -,4w day of May, 2006 by NINE [HOUSE ASSOCIATION, a Minnesota nonprofit corporation ,weer ") and the CITY OF EDINA, a Minnesota municipal corporation e'), whose. address is 4801 West 5& Street, Edina, Minnesota 55424, RECITALS The Owner is the fee owner of certain property situated in Edina, County of Hennepin, State of Minnesota, which is legally described as follows: Lot 1, Block 23, Nine Mile Village Said property shall herei #after be called the "Premises." The Owner is the townhouse association for the Nine Mile Village Townhomes (the "Townhomes "). Edina is undertaking certain improvements to replace and enhance the City's water main (the "Water Improveme s") located on the Premises and elsewhere that provides water service to the Townhomes, and t e construction of the Water Improvements will disturb certain of the private roadway and boulevards located on the Premises and elsewhere. Owner has reque ted that in conjunction with the Water Improvements the City undertake certain improvements to the roadways and boulevards on the Premises (the "Road Improvements ") that go beyond the scope of the construction necessary to restore the roadways and boulevards disturbed by the Water Improvements. Owner is reques savings and efficiencies conjunction with the Cif The costs of the Townhomes pursuant to As a condition of execution of this Aareem ig that the City undertake the Road Improvements because of cost - sulting from the Road Improvements being constructing by the City in 's construction of the Water Improvements. Improvements will be assessed by the City against the individual iesota Statutes, Chapter 429. lertaking the Road Improvements the City has required the by the Owner. NOW, THEREF , in consideration of Edina undertaking and completing the construction of the Road 7sEreby ovements and of other good and valuable consideration the receipt and sufficiency of which acknowledged by Owner, the Owner agrees as follows: 1. This Agrf and future owners of the 2. Owner acl Road Improvements by t] located on the Premises s responsible for the maint shall not make any claim the roadways or boulevai 3. The Hennepin County. 4. This Agree with the laws of the State provisions of this Agreem nor any other provision or persons or circumstances, enforceable. t shall run with title to the Premises and be binding on all present ises until released by Edina in accordance herewith. )wledges and agrees that notwithstanding the construction of the City, the private roadways and boulevards serving the Townhomes 11 be owned by the Owner and the City shall not in any manner be mce, snowplowing, repair or the rebuilding thereof, and the Owner demand upon the City that the City maintain, plow, repair or rebuild on the Premises. will cause this Agreement to be recorded in the real estate records of ant, for all purposes, shall be interpreted and construed in accordance Minnesota. The unenforceability or invalidity of any provision or t as to any persons or circumstance shall not render that provision ovisions herein contained unenforceable or invalid as to any other d all provisions hereof, in all other respects, shall remain valid and 2 STATE OF COUNTY OF The foregoing i 2006, by JQA,,.A IL , Manager, respectively, corporation. DEBRA A. W NOTARY PUMIGM My Commission Expires STATE OF COUNTY OF On this ,X!!6 day i 1 1 " F% _ 1 My Instrument Drafted By: DORSEY & WHITNEY 50 South Sixth Street, SL Minneapolis, Minnesota NINE MILE VILLAGE TOWNHOUSE ASSOCIATION a ---- 01 WE MR N L 0—: - rvnaw WWWRIM �'; i "-- - OR � ✓' LiL v 'A ) ) ss. IN ) nunent was acknowledged before me thisamA day of J v-4\ -a - , W La.ti.d and the Mayor and City the City of Edina, a Minnesota mutircipal corporation, on behalf of the �tiV ESOTA 31, 2010 Notary Public 'A ) ) ss. [N ) er f , 2006, before me the undersigned, persoiWly appeased and eIbejc N �XA C 5: v-S , known to me to be the C s( eAt4V of Nine Mile Village Townhouse Association. )ta d 263 Notary Public , 2010 LLP (JPG) ite 1500 55402 ki