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,Se~t by:-DRB MINNEAPOLIS 6123405584; 01/12/98 12:20PM;Jet~-~x #859;Page 2/4 <br /> <br />PETITION, WAIVER AND AGREEMENT FOR INSTAI,LATION OF <br />TRUNK WATER AND SANITARY SEWER FACILITIES <br /> AND ASSESSMENT OF THE COSTS THEREFOR <br /> <br />TO: City Council of the City of Elk River: <br /> <br /> Earl H. Hohlen, Lorraine Mae Hohlen, William 'N. Swanberg, Kathleen M, Swanberg and <br /> <br />The Elk Terrace Mobile Home Court and Sales, Inc., a Minnesota corporation, (Owners), and <br />Associated Developers of the Twin Cities, Inc., (Developer), petition the City of Elk River as <br />follows: <br /> <br />To install the necessary trunk facilities and lateral lines, as determined necessary by <br />the City of Elk River, to extend City water and sanitary sewer service (the Trunk <br />Facilities) to the Property identified on Exhibit A hereto (the Property). <br /> <br />To assess the Property its proportionate share of the cost of installing the Trunk <br />Facilities, as determined by the City in its sole discretion. <br /> <br />To apportion the assessments for the Trunk Facilities on an acreage basis to the <br />lots of record within the Property. <br /> <br />To leW the assessments for the Trunk Facilities such that the assessments shall be <br />paid over such period of time and at such rate of interest as the City shall <br />determine, or as provided in a Developer's Agreement for development of the <br />Property, <br /> <br />Owners represent and warrant that they are the sole fee owners of the Property. <br /> <br />Developer represents and warrants that it intends to acquire fee title to the Property for the <br /> <br />purposes of development of the Property. <br /> <br />Owners and Developer agree, in consideration of the City designing and installing the <br /> <br />Trunk Facilities: <br /> <br />To provide the City with a proposed plan for development ofthe Property from <br />which the City can design the Trunk Facilities. <br /> <br />To grant to the City, prior to the City ordering installation of the Trunk Facilities <br />to proceed, such easements or other interests in the Property as the City shall <br />determine necessary for the purpose of installing the Trunk Facilities, and such <br />additional easements or property interests as the City shall determine necessary to <br /> <br /> <br />