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Doc No 8837893 08/01/2006 01:57 PM
Certified filed and or recorded on above date:
Office of the County Recorder
Hennepin County, Minnesota
Michael H. Cunniff, County Recorder
TranslD 242445 Deput 40
Fees
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$35.50 QOC
$10.50 SUR
$2.00 COPY
$48.00 Total
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THIS DEC
Properties, LLC, a
WHEREAS, OM
Minnesota described as f
Lot 24, ex
Hennepin
WHEREAS, the
reasonable purposes upoi
Auditor's Subdivision Nc
and Ellen Soderberg, hus
9, 1947 filed September
in the office of the recorc
05�L�
DECLARATION
ON (the "Declaration "), is made on July LX, 2006, by OMG
to limited liability company ( "OMG "),
'r is the owner of real property in the City of Edina, Hennepin County,
flows:
the North 37 feet thereof, Auditor's Subdivision No. 172,
aty, Minnesota (the "Property "),
•operty is subject to and the beneficiary of an easement for all
and over the west twelve (12) feet of northerly 37 feet of Lot 24,
172, Hennepin County, Minnesota created in favor of Gust Soderberg
and and wife, predecessors in title to OMG, by deed dated September
1, 1947, as Document No. 2462623 in Book 1724 of Deeds, Page 568
r in and for Hennepin County, Minnesota (the "Easement ");
WHEREAS, OM desires to make improvements to the Property and in order to
construct the improveme is the Easement is required to provide egress from the Property in
compliance with the Buil ing Code, and as a condition of granting a building permit for the
construction of the impro ements the City of Edina (the "City ") is requiring that this Declaration
in order to ensure compli ce with the requirements of the Building Code.
NOW THEREFO
, in consideration of the City granting a building permit for the
construction of the impro
ements to the Property and other good and valuable consideration, the
receipt and sufficiency o
which are hereby acknowledged, OMG agrees that it will not release,
amend or otherwise modi y the Easement without the prior written consent of the City and that
no purported release, am
dment or other modification of the Easement will be effective without
the prior written consent
f the City.
The terms, coven is and conditions hereof shall run with the land and shall be binding
on all present and future wners of the Property, and shall inure to the benefit of the City, its
successors and assigns, d may be amended or modified at any time and from time to time by
the sole act of the City an the then record owners of the Property, and may be released in whole
or in part at any time, and from time to time, by the sole act of the City.
This Declaration,
the laws of the State of 1\
provisions of this Declar
nor any other provision c
persons or circumstance,
enforceable.
br all purposes, shall be interpreted and constructed in accordance with
nnesota. The unenforceability or invalidity of any provision or
:ion as to any persons or circumstances shall not render that provision
provisions herein contained unenforceable or invalid as to any other
nd all provisions hereof, in all other respects, shall remain valid and
CrN: FILED - f;G �itQI PAID
..�...
S
TAXPAYER PRIOR
AND
1 TRANSFER ENTERED
Al
STATE OF MINNESO'.
COUNTY OF HE]
The T2006, by �
Properties, LLC, a
OMG PROPERTIES, LLC, a Minnesota limited
liability company
By
p
) ss.
.ent was ackn wledged befor me this / day of
,the /ti of 6WG
limited hibilitilompany, on behalf of the company.
SHARON M. ALLISON
NOTARY PUBLIC-MIN14ESOTA
My Commission Expires Jan 31.2009
(Notarial Seal)
My Commission Expires: � av� .
DRAFTED BY:
Dorsey & Whitney LLP ( PG)
50 South Sixth Street, Su' a 1500
Minneapolis, Minnesota 5402
Notary Public
2