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<br />. <br /> <br />. <br /> <br />. <br /> <br />PETITION AND WAIVER AGREEMENT <br /> <br />THIS AGREEMENT made this ~~ay of November, 1994, by and <br />between the City of Mounds View, a Minnesota municipal <br />corporation (the "City"), and Patricia J. Kleven, a single person <br />(the "Owners"); <br /> <br />WITNESSETH: <br /> <br />WHEREAS, the Owners are the fee owners of certain real <br />property (the "Subject Property") located in the City the address <br />of which is 7406 Spring Lake Road; and <br /> <br />WHEREAS, the Owners desire to have the Subject Property <br />connected to the City's sanitary sewer system; and <br /> <br />WHEREAS, such connection will require construction of a <br />sanitary sewer service line connecting the Subject Property to <br />the City's sanitary sewer line; all as more specifically <br />described in the feasibility report therefor entitled: <br />"Feasibility Report for Sanitary Sewer Connection to 7406 Spring <br />Lake Road, City Project 94-6" (the "Improvement Project"), and <br /> <br />WHEREAS, the Owners desire that construction of the <br />Improvement Project be completed during 1994; and <br /> <br />WHEREAS, the Owners wish the City to construct the <br />Improvement Project without notice of hearing or hearing on the <br />Improvement Project, and without notice of hearing or hearing on <br />the special assessments levied to finance the Improvement <br />Project, and to levy 100 percent of the cost of the Improvement <br />Project against the Subject Property; and <br /> <br />WHEREAS, the City is willing to construct the Improvement <br />Project in accordance with the request by the Owner and without <br />such notices or hearings, provided the assurances and covenants <br />hereinafter stated are made by the Owners to ensure that the" c1-ty <br />will have valid and collectable special assessments as they <br />relate to the Subject Property to finance all of the costs of the <br />Improvement Project; and <br /> <br />WHEREAS, were it not for the assurances and covenants <br />hereinafter provided, the City would not construct the <br />Improvement Project without such notices and hearings and is <br />doing so solely at the behest, and for the benefit, of the <br />Owners. <br />