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Transmittal Recording Documents 1-14-08 . CITY OF CHANHASSEN PLANNING DEPARTMENT 7700 Market Boulevard P.O. Box 147 CHANHASSEN, MN 55317 (952) 227-1100 FAX (952) 227-1110 LETTER OF TRANSMITTAL DATE I JOB NO. 1/14/08 07-26 ATTENTION Sue Nelson RE: Document Recordinq TO: Campbell Knutson, PA 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 WE ARE SENDING YOU [8] Attached D Under separate cover via the following items: D Shop drawings D Copy of letter D Prints D Change Order D Plans D Samples D Specifications D Pay Request D _ COPIES DATE NO. DESCRIPTION 1 12/20/07 07-26 Declaration of Restrictive Covenant - Lot 1, Block 1, Pleasant Hills 2nd Addition THESE ARE TRANSMITTED as checked below: D For approval D For your use D As requested D Approved as submitted D Approved as noted D Returned for corrections D Resubmit copies for approval D Submit copies for distribution D Return corrected prints D For review and comment [8] For Recording D FOR BIDS DUE D PRINTS RETURNED AFTER LOAN TO US REMARKS Sue - Please have this document recorded as soon as possible as there is a closing on this property in early February. Call if you have questions. COPY TO: Gilbert & Jillene Kreidberg, 205 Nunan Street, Jacksonville, OR 97530 SIGNED: If enclosures are not as noted, kindly notify us at once. DECLARATION OF RESTRICTIVE COVENANT . . TillS DECLARATIONJ.>F RESTRICTIVE COVENANTS (the "Declaration"), effective the ~day of ~~~ ,2007, by the CITY OF CHANHASSEN, a Minnesota municipal corporation (hereinafter referred to as "City"), and consented to by GILBERT KREIDBERG and JILLENE KREIDBERG, husband and wife, hereinafter jointly referred to as ("Declarants"). RECITALS A. Declarants are the fee owners of certain real property located in the City of Chanhassen, Carver County, Minnesota, legally described as Lot 1, Block 1, Pleasant Hills 2nd Addition, according to the recorded plat thereof; B. Declarants acquired the most northerly 90 feet of Lot 1, Block 1, Pleasant Hills 2nd Addition ("Restricted Land") under a purchase agreement between the City and Declarants dated October 30, 1989 ("Purchase AgreemC?t"); C. Under the Purchase Agreement, the City's sale of the Restricted Land to Declarants required a covenant to run with the land prohibiting construction of a building on the Restricted Land. The terms of the Purchase Agreement specifically provided that the terms of the Purchase Agreement would survive the closing. D. Declarants and the City desire to memorialize the covenant required under the terms of the Purchase Agreement. NOW, THEREFORE, in consideration of the covenants and conditions contained herein, including the Purchase Agreement and foregoing recitals which are incorporated into this Declaration and made a part hereof, Declarants do hereby impose, create and establish the following covenants, conditions and restrictions upon the Restricted Land: 1. PROHIBITION ON CONSTRUCTION. No building may be constructed on the Restricted Land. A fence may be constructed on the property consistent with City ordinances. 2. RUN WITH THE LAND. The covenants and restrictions set forth in this Declaration shall run with the Restricted Land, shall be recorded with Carver County against the title to the Restricted Land, and shall be binding upon and inure to the benefit of the City and Declarants named herein, their successors, heirs, and assigns, and any other person or entity at any time hereafter who shall become the owner of the Restricted Land. IN WITNESS WHEREOF, as of the day and year first hereinabove written, the Declarants have executed this Declaration. (CITY SEAL) STATE OF MINNESOTA ) )ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this /4'" day of 20q; by Thomas A. Furlong and by Todd Gerhardt, respectively the Mayor ger of the City ofChanhassen, a Minnesota municipal corporation, on orporation and pursuant to the authori granted its ity Council. ~ j ... >.. KAREN J. ENGELHARDT j ~..... Notary Public-Minnesota ~.'''. My Commission Ex ires Jan 31, 2010 135492.02 2 Dr e-tr'J0 STATE OF MINNESOTA ) --I,.. _ 1/ C._. ) -...J ~ ss. COUNTY OF CARVER ) +J... The foregoing instrument was acknowledged before me this CJ..D day of W . . 2007, by Gilbert Kreidberg and Jillene Kreidberg, husband and wife. , ~c.~ THIS INSTRUMENT DRAFTED By: OFFICIAL SEAL . JOm GEIGLE :;/ ~'JOTARY PUBLIC-OREGON (JOMMISS;ON NO 392519 MY COMMISSION E^rIRES MAY 08, 2009 CAMPBELL KNUTSON, P.A. Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 AMP/cjh 135492.02 3