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_FAMES E.00RSEY <br />JOSEPH H.COLMAN <br />DAVID E. B R O N S ON <br />KENNETH M.OWEN <br />LELAND W.SCOTT <br />LEAVITT R. BARKER <br />HUGH H, BARBER <br />CHARLES F. NOONAN <br />DONALD WEST <br />WALDO F. MAROUART <br />JOHN W. WINDHORST <br />HENRY HALLADAY <br />JUL E M. HANNAFORD <br />ARTHUR B.WHITNEY <br />WILLIAM A. GREEN <br />JOHN G.DORSEY <br />RUSSELL W. LINDQUIST <br />DAVID R.BRINK <br />HORACE E,HITCH <br />V I R G I L H, HI L L <br />ROBERT V.TARBOX <br />DEFOREST SPENCER <br />ROBERT J. JOHNSON <br />PETER DORSEY <br />DORSEY, COLMAN, BARKER, SCOTT ao BARBER <br />Mrs. Gretchen S. Alden <br />Village of Edina <br />4$01 West 50th Street <br />Minneapolis, Minnesota <br />Dear Mrs. Alden: <br />ATTORNEYS AT LAW <br />FIRST NATIONAL -500 LINE BUILDING <br />February 5, 1953 MINNEAPOLIS2, MINNESOTA <br />TELEPHONE MAIN 3351 <br />Re Deed for Portion of Dever Drive <br />We return to you herewith deed enclosed with your letter <br />of February 3, 1953, signed by Herbert N. and Carolyn M. Bloomberg. <br />As I told you over the telephone, I feel that the council should <br />be consulted before this deed is accepted if some of the property <br />covered in registered land survey No. 148 has not had building per- <br />mits issued. My thought in this connection is that the council <br />recently has been quite firm in its policy that the ordinance re- <br />stricting the issuance of building permits to platted property <br />should be enforced. Therefore, unless all of the building permits <br />on this registered land survey have been issued, I believe that it <br />would be a mistake to condone the use of the registered land survey <br />by accepting this easement. <br />Of course, if all of the building permits have been issued, <br />there is probably little in the way of useful purpose to be served <br />by insisting on a platting of the property. However, even in the <br />latter event I believe that the tendered deed should be revised. I <br />call attention to the fact that the deed is made "subject to any <br />and all unpaid installments of special assessments payable without <br />penalty other than interest with the taxes assessed for the year <br />1952 and subsequent years." As I read this exception it is re- <br />stricted entirely to special assessments and I doubt whether any <br />special assessments have been made against tract A. However if <br />any special assessments have been made against tract A, I do not <br />believe it would be the intention of the council to relieve Mr. <br />Bloomberg from the payment of these special assessments. If I am <br />correct in my assumption that there are no special assessments, Mr. <br />Bloomberg would not be harmed by eliminating this clause, and if my <br />assumption is erroneous, I believe the matter should be taken up <br />with the council before the easement is accepted. <br />Very truly yours, <br />GC% <br />hn W. Windhorst <br />JWW :GT <br />Enclosure <br />
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