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PETITION AND WAIVER AGREEMENT <br /> THIS AGREEMENT made this 5 * day of December, 1994, by and <br /> between the City of Mounds View, a Minnesota municipal <br /> corporation (the "City") , and William R. Eisel and Lucille S. <br /> Eisel, husband and wife (the "Owners") ; <br /> WITNESSETH: <br /> WHEREAS, the Owners are the fee owners of certain real <br /> property (the "Subject Property") located in the City the address <br /> of whichis_2 7_4& County Road J; and --- <br /> WHEREAS, the Owners desire to have the Subject Property <br /> connected to the City's sanitary sewer system; and <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 2748 County <br /> Road J, City Project 94-5" (the "Improvement Project") , and <br /> WHEREAS, the Owners desire that construction of the <br /> Improvement Project be completed during 1994 ; and <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 /> 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 City <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 /> 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 />