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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: ~/c1J cOj\nmA~~~ I ~f1~ QQ~ 1( A~~( ofFilrJ * e~~Qj)1 K~l 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 ... ... '". ."\. . . . '(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