07-12-1993 Council Packet - Laserfiche WebLink

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DECLARATION OP REBTRIGTIVE CQVBiniirPfl THIS DECLARATION/ is entered inbo tihls day of July, 1993 by Wheaton Construction, Inc., a corporarlon organized and existing under the laws of the State of Minnesota (hereinafter "Wheaton”). WHEREAS, Wheaton is the current fee owner of certain property described as set forth on Exhibit A attached hereto and Incorporated herein located in Hennepin County, Minnesota; , ^^HEREAS , Wheaton has reguested that the City of Orono approve * of the property into two separate tax parcels (hereinafter referred to as "Parcel A and Parcel B'») the legal descriptions which are sat forth and attached hereto and incorporated herein on Exhibit B; WHEREAS, there is currently existing on Parcel A, a one- family residential dwelling which Is serviced by a septic drain field system as well; WHEREAS, an alternate drain field septic area has been located for future use should the existing drain field septic area fail;&nd f WHE^AS, the future drain field septic area does not conform to the City's setback requirement from the existing well. NOW, TREREPORE, in consideration of the City of Orono granting the aforementioned two lot subdivisions the sufficiency of which is hereby acknowledged by Wheaton, Wheaton hereby declares and states as follows: 1.Wheaton, its successors and/or assigns shall replace the existing well currently located on the property and move the well location to a site agreeable to the City of Orono upon the latter of: a. The sale by Wheaton of Parcel B; or b.Failure of the existing septic drain field area; 2. 3. at the sole cost and expense of Wheaton, its successors or assigns. This Agreement shall mind and enure to the benefit of Wheaton and its successors and assigns. This Agreement shall be construed in accordance with applicable Minnesota law. A