Declaration of Restrictive Covenant Recorded
Thom:ls J. C:lmpbell
H.oger N. I~nutson
Thom:ls M. Scott
Elliott B. Knetseh
JoelJ.Jamnik
Andrea McDowell Poehler
Soren M. Mattick
John F. I~elly
Hcnry A. Sch:1cffcr, III
Alina Schwartz
Samuel J. Edmunds
Cynthia R. Kirchoff
r.brguerite r.1. r.leC:lrron
1380 Corpor:1te Center Curve
Suite 317. bpn, ~lN 55121
651--152-5::0
F:1X 651--152-5550
,nyw.ek-l.1w.eom
Professional Association
***
Direct Dial: (651) 234-6222
E-mail Address:snelson@Ck-law.com
FEB 2 5 2008
CITY OF CHANHASSEN
February 22, 2008
Ms. Kim Meuwissen
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, Minnesota 55317
RE: CHANHASSEN - MISC. RECORDED DOCUMENTS
~ DECLARATION OF RESTRICTIVE COVENANT BETWEEN THE CITY OF
CHANHASSEN AND GILBERT KREIDBERG AND JILLENE KREIDBERG,
TRUSTEES OF THE GILBERT H. KREIDBERG REVOCABLE TRUST DATED
JULY 30, 2004 AND THE JILLENE A. KREIDBERBG REVOCABLE TRUST
DATED JULY 30, 2004
(LOT 1, BLOCK 1, PLEASANT HILL 2ND ADDITION)
Dear Kim:
Enclosed for the City's files please find original recorded Declaration of Restrictive
Covenant between the City and the Gilbert & Jillene Kreidberg Revocable Trusts
which was filed with Carver County on February 1,2008 as Abstract Document No.
A478074 and as Torrens Document No. T165784.
Regards,
CAMPBELL KNUTSON
Professional Association
SRN :ms
Enclosure
,- ,
DOCUNlliNTCOVERPAGE
~.-yerl for Caunty k..rnrder)
OFFICE OF THE
REGISTRAR OF TITLES
CARVER COUNTY. MINNESOTA
Check # 18401
Cert, # 31441 Fee: $ 46.00
Certified Recorded on 02-01-2008 at 12:30 0 AM ~ PM
111111111_11111111 ~~~~~~~~r
Document No.
T 165784
111111 \~I \\11
Document No.
A 478074
OFFICE OF THE
COUNTY RECORDER
CARVER COUNTY. MINNESOTA
Fee: $ 46.00 Check#: 18400
Certified Recorded on 02-01-2008 at 12:30 0 AM
478074
'III I~I'I 'l'lml'
DOcuMENT TITLE;
T'~Q~~~ ad ~~~~"-01-t-
DOCUMENT DATE:
! ~_:?Or 07
NAi'VIES:
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Cc.\.RVER CGu"NTY BECORDER'RE~.i.R OF Ill' ;;S
. ~
DECLARATION OF RESTRICTIVE COVENANT
THIS DECLARATION OF RESTRICTIVE COVENANTS (the
"Declaration"), effective the 20th day of December, 2007, by the CITY OF
CHANHASSEN, a Minnesota municipal corporation (hereinafter referred to as "City"),
and consented to by GILBERT KREIDBERG a/k/a GILBERT H. KREIDBERG and
GILBERT HARRY KREIDBERG, and JILLENE KREIDBERG a/k/a JILLENE A.
KREIDBERG and JILLENE ANN KREIDBERG, Trustees of the JilIene A.
Kreidberg Revocable Trust dated July 30, 2004 and the Gilbert H. Kreidberg
Revocable Trust dated July 30, 2004, 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 Hill 2nd Addition, according to the recorded plat thereof;
B. Declarants acquired the most northerly 90 feet of Lot 1, Block 1,
Pleasant Hill 2nd Addition ("Restricted Land") under a purchase agreement between the
City and Declarants dated October 30, 1989 ("Purchase Agreement");
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)
STATEOFMINNESOTA )
)ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this /4-M day of
20q;, by Thomas A. Furlong and by Todd Gerhardt, respectively the Mayor
ager of the City ofChanhassen, a Minnesota municipal corporation, on
orporation and pursuant to the authori granted its ity Council.
~U
,1t1!Mr!f\q. KAREN J. ENGELHARDT'
~.. Notary Public-Minnesota
q<';;;i. My Commission Ex ires Jan 31, 2010
135492.02
2
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. .
.
'(yr e.'(?N
STATE OF MINHESOTA )
.:J~~ )ss.
COUNTY OF CARVLoR )
'l\l- The foregoing instrument was acknowledged before me this d-D -fi-day of
~t . ,2007, by Gilbert Kreidberg" a/k/a
Gilbert H. Kreidberg and Gilbert Harry Kreidberg, ANQ Jillene Kreidberg *
~c'~
THIS INSTRUMENT DRAFTED By:
OFFICIAL SEAL
JODI GEIGLE
..' NOTMV PvBlIC-OREGON
MY" , (?OW~"i;:.s:ON NO. 392519
CO""MIS~ION 1:;,.;?iRES MAY 08, 2009
CAMPBELL KNUTSON, P.A.
Professional Association
317 Eagandale Office Center
~ 1380 Corporate Center Curve
Eagan, Minnesota 55121
AMP/cjh
* a/k/a Jillene A. Kreidberg and Jillene Ann Kreidberg, TRUSTEF.B of the
Jillene A. KreidbergRevocable Trust dated July 30, 2004 and the
Gilbert H. Kreidberg Revocable Trust dated July 30, 2004, on behalf
of both Trusts.
135492.02
3