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Home My WebLink AboutPETITION_ PERPETUAL EASEMENT BUFFER_50TH & FRANCE SMALL AREA PLANCity of Edina, Minnesota CITY COUNCIL 4801 West 50th Street • Edina, Minnesota 55424 (952) 927-8861 • (952) 927-7645 FAX • (612) 927-5461 TDD it DATE ECEIVED: II 1 CI PETITION TO THE CITY COUNCIL D SIDEWALK q ALLEY PAVING q STORM SEWER El SANITARY SEWER q CURB AND GUTTER ONLY q PERMANENT STREET SURFACING WITH CURB AND GUTTER To the Mayor and City Council: q WATER MAIN El STREET LIGHTING OTHER: ,r7 4eesi-eD Pee- zi The persons who have signed this petition ask the City Council to consider the improvements listed above to the locations listed below. between between between between and and and and LOCATION OF IMPROVEMENT BY STREET NAME ADDRESS ADDRESS LOCATION OF IMPROVEMENT BY STREET NAME ADDRESS ADDRESS LOCATION OF IMPROVEMENT BY STREET NAME ADDRESS ADDRESS LOCATION OF IMPROVEMENT BY STREET NAME ADDRESS ADDRESS IMPORTANT NOTE: THE PERSONS WHO HAVE SIGNED THIS PETITION UNDERSTAND THAT THE CITY COUNCIL MAY ASSESS THE COSTS OF THESE IMPROVEMENTS AGAINST THE PROPERTIES BENEFITING FROM THE IMPROVEMENTS IN AMOUNTS DETERMINED BY THE COUNCIL AS AUTHORIZED BY CHAPTER 429, MINNESOTA STATUTES. PROPERTY OWNER'S OWNER'S NAME PROPERTY ADDRESS SIGNATURE (PRINTED) (PRINTED) Tr/14440Da0 6ii /4,--iry) 704 a Pt--7-y ddvAl es 7#.‘ 171 9 ea 3 -o D PZ.,AP o 0.0 gb/n/At 3 cl•-••51c.21 This petition was circulated by: Luft y47,4- 5 NAME "e¢Pi.b" &,Q gig' 3. ADDRESS PHONE There is space for more signatures on the back. APRIL 2008 TO: HONORABLE MAYOR HOVLAND HONORABLE COUNCIL MEMBERS PLANNING COMMISSIONERS RE: PERPETUAL EASEMENT BUFFER IN THE 50TH & FRANCE SMALL AREA PLAN MARCH 31, 2019 We respectfully request that the green strip of land representing the Easement Buffer in the U.S. Bank site be excluded from the 50th & France SAP study area. As was petitioned in December (in reaction to earlier erroneous concept drawings of this land) the buffer is a legally protected perpetual easement inuring to the benefit of property owners of the 4900 block of Maple Road. It is zoned R-1. We appreciate that the SAP Work Group responded in part to that petition. In revised SAP concept drawings the buffer is a green strip noted as "to be preserved." Yet, other illustrations in the SAP misrepresent the protected nature of the easement and its current zoning. Please see: Page 30: Existing Land Use, Figure 3: "Commercial" Page 32: Future Land Use, Figure 4: "Mixed Use Center" To assure absolute clarity now and in the future, and to avoid misguided perceptions due to inconsistent language and contradictory concept drawings in the SAP (tools that developers will see as they reimagine the U.S. Bank site) we request that the boundary of the SAP study area be redrawn to exclude the Easement Buffer altogether. Further and pursuant to our December 18, 2018 petition, we request that the protected area remain zoned R-1 subject to applicable setback rules; and that any buildings constructed and subject to such setback rules be limited to current height restrictions. All property owners of the 4900 Block of Maple Road representing the Benefitted Lot homeowners of this protected easement have signed this petition on the attached pages. We have also attached legal documents representing key history of the affected lots and easement buffer. Finally, we respectfully request a direct response to our concerns as to how the city plans to address them. Submitted on behalf of the 4900 Block Owners of Maple Road: Dayna Deutsch, 4921 Maple Road BENEFITTED LOTS OWNERS 12/7/18 • , , , 1Sexion, Judy 1612-968-3535 14900 Maple Road, Edina, MN 55424 1612-210-1555 _14900 Maple Road, Edina, MN 55424 4904 Maple Road, Edina„ MN 554.24_,_ ___1,9_52.79441615 1.4.20 Maple Rdad, Edina, ."‘MN 55424- i J612-71.9-7207 14412 i\apte Road, Ed:ina,55424 1,612-829,84, [454 pie Road, Edina, Mil S54-2,4 1 1952-944-86TS 14908 Maple Rdad, Edina, MN 51424— j.1912 __ Maple Road? Edina MN 55424 1 612-254-2319 4916 Maple Road, Edina, MN 55424 • • 4916 .Maple Road, Edina, MN 55424 1 _ 4912-_920-0093_ 14920 Maple Rdad, Edi pa,MN 55424. 4.95,27212:4963 14924 Maple Road, Edinal_ .1%,AN r5Wzt .1 1 /4924 Maple Road, Edina, MN 55424 14928 Mapleldad, Edina,. _MN 55424 1. t 612-325-7-74-71 - a,pte Rdadt _Ec4na, 1612-919-6168 14932 Mapie Road, Mi\I -51‘42:4- 1612-919-2621 34932. Maple Road, Edina, MN 51424 612-532-9941 14936 Maple Road, Edina, MN 55424 ,952-925-9804 14936 Mapte Road 61 MN 1-4901 Maple Road Edina MN 55424 1 1301-908-8314? 14901 Maple Road, Edina, MN 55424 .1_952-22.6-8172 14905 Maple Road, tdina„„MN51.424 1 14905 Maple Road Edina .S5424 _,I*9.1y1aple,,Rdad&clina, MN 55424 4909612-840-6470 1 Maple Road, 'Edina " I • • r • 1952-920-9041 R d Edina MN 55424 1651-5ii4289 '14929_ Maple Road, Edina, "MN 55,424 - i t i ---1 I i I i ri i s i 1 2 Last Update 11/28/18 A . , Wirth, David 1Webert Beth 1 Webert Mark 'Albright, Robert (Rob) 1Albright, Carolyn _ yfyffels, _ 1Callsoli., Mary , ISwatfager, Angie ISwatfager, Brad ikragness Annie 1Kragness, Geoi 1Noack, Joe 1Noack Ruth 1Aris Dominique 1Aris, Sandra I lvlartip„ Mike 1,MarSin, Geri. „ lEngstrorn„Ata Engstrom, [utort, uan y toft, Mary !Tom Rickman Kay Rickman 1Daypa Deutsch 1Moffett, George__ 1**e-it, Martha., Illatin„ Mimi 1Warner, Linda 1Warner, Mark 1Don6euiSCP 31,vIcSparie„,,,Elizabeth iMurphy, Francis !Sexton, Mike 'Slade, Jane Slade, Len , }Wirth. All !vv. • 1 4915 Maple Road Edina, MN 55424 1 1,4915-Maple Road, i'clina, MN '6",-ii.4 1 1612-998-2218 14917 Map' le Road- Edina, MN 55424 1 14917 Maple Road, Edina, MN 55424 1 612-716-9472 14925 Maple Road,Edina„MN 55424, 1952-797-2268 14933 Maple Road, Edina,MN 55424 1 1952-607-0201 14925 Maple Road, Edina, MN 55424 1 3952-204-3843 14929 Map e oa „ , 1?.52-910-90 14921 Maple Road. Edina, MN 55424 1 _ _ _ 4 _ t±1 .MP Edina,_ MN 55424 J 34200 50th Street W, Edina, rvii54241 14200 50th Street W, Edina, MN 55424 We respectfully request that the green strip of land representing the Easement Buffer in the US Bank site be excluded from the 50th & France SAP study area. As was petitioned in December (in reaction to earlier erroneous concept drawings of this land) the buffer is a legally protected perpetual easement inuring to the benefit of property owners of the 4900 block of Maple Road. It is zoned R-1. We appreciate that the SAP Work Group responded in part to that petition. In revised SAP concept drawings the buffer is a green strip noted as "to be preserved." Yet, other illustrations in the SAP misrepresent the protected nature of the easement and its current zoning. Please see: Page 30: Existing Land Use, Figure 3: "Commercial" Page 32: Future Land Use, Figure 4: "Mixed Use Center" To assure absolute clarity now and in the future, and to avoid, misguided perceptions as developers reimagine the US Bank site, we ask that the boundary of the SAP study area be redrawn to exclude the Easement Buffer altogether. Property Owner (please print) Signature J u L. s Property Owner (please print) Signature Address: Lfct ° Maple Road, Edina MN, 55424 50th Street, Edina, MN, 55424 3.31 9,r2 Date: We respectfully request that the green strip of land representing the Easement Buffer in the US Bank site be excluded from the 50th & France SAP study area. As was petitioned in December (in reaction to earlier erroneous concept drawings of this land) the buffer is a legally protected perpetual easement inuring to the benefit of property owners of the 4900 block of Maple Road. It is zoned R-1. We appreciate that the SAP Work Group responded in part to that petition. In revised SAP concept drawings the buffer is a green strip noted as "to be preserved." Yet, other illustrations in the SAP misrepresent the protected nature of the easement and its current zoning. Please see: Page 30: Existing Land Use, Figure 3: "Commercial" Page 32: Future Land Use, Figure 4: "Mixed Use Center" To assure absolute clarity now and in the future, and to avoid misguided perceptions as developers reimagine the US Bank site, we ask that the boundary of the SAP study area be redrawn to exclude the Easement Buffer altogether. 5/trvorzA Property Owner (please print) Signature NY. Property Owner (please print) Signature Address: t Maple Road, Edina MN, 55424 50th Street, Edina, MN, 55424 Date: Property Owner (please print) Signature Property Owner (please print) ignaturo Maple Road, Edina MN, 55424 50th Street, Edina, MN, 55424 Address: We respectfully request that the green strip of land representing the Easement Buffer in the US Bank site be excluded from the 50th & France SAP study area. As was petitioned in December (in reaction to earlier erroneous concept drawings of this land) the buffer is a legally protected perpetual easement inuring to the benefit of property owners of the 4900 block of Maple Road. It is zoned R-1. We appreciate that the SAP Work Group responded in part to that petition. In revised SAP concept drawings the buffer is a green strip noted as "to be preserved." Yet, other illustrations in the SAP misrepresent the protected nature of the easement and its current zoning. Please see: Page 30: Existing Land Use, Figure 3: "Commercial" Page 32: Future Land Use, Figure 4: "Mixed Use Center" To assure absolute clarity now and in the future, and to avoid misguided perceptions as developers reimagine the US Bank site, we ask that the boundary of the SAP study area be redrawn to exclude the Easement Buffer altogether. Date: 9/90 ? We respectfully request that the green strip of land representing the Easement Buffer in the US Bank site be excluded from the 50th & France SAP study area. As was petitioned in December (in reaction to earlier erroneous concept drawings of this land) the buffer is a legally protected perpetual easement inuring to the benefit of property owners of the 4900 block of Maple Road. It is zoned R-1. We appreciate that the SAP Work Group responded in part to that petition. In revised SAP concept drawings the buffer is a green strip noted as "to be preserved." Yet, other illustrations in the SAP misrepresent the protected nature of the easement and its current zoning. Please see: Page 30: Existing Land Use, Figure 3: "Commercial" Page 32: Future Land Use, Figure 4: "Mixed Use Center" To assure absolute clarity now and in the future, and to avoid misguided perceptions as developers reimagine the US Bank site, we ask that the boundary of the SAP study area be redrawn to exclude the Easement Buffer altogether. ic h ct e. L \iv 11/1 Property Owner (please print) d/(g. Signature Property Owner (please print) Signature Address: Li-- 70 5- Maple Road, Edina MN, 55424 50th Street, Edina, MN, 55424 Date: 3 /I/ // We respectfully request that the green strip of land representing the Easement Buffer in the US Bank site be excluded from the 50th & France SAP study area. As was petitioned in December (in reaction to earlier erroneous concept drawings of this land) the buffer is a legally protected perpetual easement inuring to the benefit of property owners of the 4900 block of Maple Road. It is zoned R-1. We appreciate that the SAP Work Group responded in part to that petition. In revised SAP concept drawings the buffer is a green strip noted as "to be preserved." Yet, other illustrations in the SAP misrepresent the protected nature of the easement and its current zoning. Please see: Page 30: Existing Land Use, Figure 3: "Commercial" Page 32: Future Land Use, Figure 4: "Mixed Use Center" To assure absolute clarity now and in the future, and to avoid misguided perceptions as developers reimagine the US Bank site, we ask that the boundary of the SAP study area be redrawn to exclude the Easement Buffer altogether. Property Owner (please print) Signature );-," Property Owner (please print) i72/4 Signature Address: Maple Road, Edina MN, 55424 50th Street, Edina, MN, 55424 Date: (:)/1 1 We respectfully request that the green strip of land representing the Easement Buffer in the US Bank site be excluded from the 50th & France SAP study area. As was petitioned in December (in reaction to earlier erroneous concept drawings of this land) the buffer is a legally protected perpetual easement inuring to the benefit of property owners of the 4900 block of Maple Road. It is zoned R-1. We appreciate that the SAP Work Group responded in part to that petition. In revised SAP concept drawings the buffer is a green strip noted as "to be preserved," Yet, other illustrations in the SAP misrepresent the protected nature of the easement and its current zoning. Please see: Page 30: Existing Land Use, Figure 3: "Commercial" Page 32: Future Land Use, Figure 4: "Mixed Use Center" To assure absolute clarity now and in the future, and to avoid misguided perceptions as developers reimagine the US Bank site, we ask that the boundary of the SAP study area be redrawn to exclude the Easement Buffer altogether. ALTA- EN6.D.sTr_,6 AA Property Owner (please print) Signature Property Owner (please print) Signature Address: 7 Maple Road, Edina MN, 55424 50th Street, Edina, MN, 55424 Date: We respectfully request that the green strip of land representing the Easement Buffer in the US Bank site be excluded from the 50th & France SAP study area. As was petitioned in December .(in reaction to earlier erroneous concept drawings of this land) the buffer is a legally protected perpetual easement inuring to the-benefit of property owners of the 4900 block of Maple Road. It is zoned R-1. We appreciate that the SAP Work Group responded in part to that petition. In revised SAP concept drawings the buffer is a green strip noted as "to be preserved." Yet, other illustrations in the SAP misrepresent the protected nature of the easement and its current zoning. Please see: Page 30: Existing Land Use, Figure 3: "Commercial" Page 32: Future Land Use, Figure 4: "Mixed Use Center" To assure absolute clarity now and in the future, and to avoid misguided perceptions as developers reimagine the US Bank site, we ask that the boundary of the SAP study area be redrawn to exclude the Easement Buffer altogether. RAI Neemr- el; E 1 )701 f Property Owner (please print) Signature Property Owner (please print) Signature Address: 1--) 9 VL, Maple Road, Edina MN, 55424 Date: ) )) 50th Street, Edina, MN, 55424 We respectfully request that the green strip of land representing the Easement Buffer in the US Bank site be excluded from the 50th & France SAP study area. As was petitioned in December (in reaction to earlier erroneous concept drawings of this land) the buffer is a legally protected perpetual easement inuring to the benefit of property owners of the 4900 block of Maple Road. It is zoned R-1. We appreciate that the SAP Work Group responded in part to that petition. In revised SAP concept drawings the buffer is a green strip noted as "to be preserved." Yet, other illustrations in the SAP misrepresent the protected nature of the easement and its current zoning. Please see: Page 30: Existing Land Use, Figure 3: "Commercial" Page 32: Future Land Use, Figure 4: "Mixed Use Center" To assure absolute clarity now and in the future, and to avoid misguided perceptions as developers reimagine the US Bank site, we ask that the boundary of the SAP study area be redrawn to exclude the Easement Buffer altogether. Property Owner (please print) Signature Property Owner (please print) Signature 5 Address: LM Maple Road, Edina MN, 55424 50th Street, Edina, MN, 55424 Date: We respectfully request that the green strip of land representing the Easement Buffer in the US Bank site be excluded from the 50th & France SAP study area. As was petitioned in December (in reaction to earlier erroneous concept drawings of this land) the buffer is a legally protected perpetual easement inuring to the benefit of property owners of the 4900 block of Maple Road. It is zoned R-1. We appreciate that the SAP Work Group responded in part to that petition. In revised SAP concept drawings the buffer is a green strip noted as "to be preserved." Yet, other illustrations in the SAP misrepresent the protected nature of the easement and its current zoning. Please see: Page 30: Existing Land Use, Figure 3: "Commercial" Page 32: Future Land Use, Figure 4: "Mixed Use Center" To assure absolute clarity now and in the future, and to avoid misguided perceptions as developers reimagine the US Bank site, we ask that the boundary of the SAP study area be redrawn to exclude the Easement Buffer altogether. Property Owner (please print) Signature cr s-, 4( Property Owner (please print) alt,N6(1 /c,„ Address: Maple Road, Edina MN, 55424 50th Street, Edina, MN, 55424 Signature Date: C We respectfully request that the green strip of land representing the Easement Buffer in the US Bank site be excluded from the 50th & France SAP study area. As was petitioned in December (in reaction to earlier erroneous concept drawings of this land) the buffer is a legally protected perpetual easement inuring to the benefit of property owners of the 4900 block of Maple Road. It is zoned R-1. We appreciate that the SAP Work Group responded in part to that petition. In revised SAP concept drawings the buffer is a green strip noted as "to be preserved." Yet, other illustrations in the SAP misrepresent the protected nature of the easement and its current zoning. Please see: Page 30: Existing Land Use, Figure 3: "Commercial" Page 32: Future Land Use, Figure 4: "Mixed Use Center" To assure absolute clarity now and in the future, and to avoid misguided perceptions as developers reimagine the US Bank site, we ask that the boundary of the SAP study area be redrawn to exclude the Easement Buffer altogether. ‘ANCOA Property Owner (please print) Signature (4-y 0./y c,(4(14 co\ Property Owner (please print) M(km.\ 4,1,‘ ateimpt-&_, Signature Address: 1-n11 Maple Road, Edina MN, 55424 50th Street, Edina, MN, 55424 Date: itko' r 2sAci We respectfully request that the green strip of land representing the Easement Buffer in the US Bank site be excluded from the 50th & France SAP study area. As was petitioned in December (in reaction to earlier erroneous concept drawings of this land) the buffer is a legally protected perpetual easement inuring to the benefit of property owners of the 4900 block of Maple Road. It is zoned R-1. We appreciate that the SAP Work Group responded in part to that petition. In revised SAP concept drawings the buffer is a green strip noted as "to be preserved." Yet, other illustrations in the SAP misrepresent the protected nature of the easement and its current zoning. Please see: Page 30: Existing Land Use, Figure 3: "Commercial" Page 32: Future Land Use, Figure 4: "Mixed Use Center" To assure absolute clarity now and in the future, and to avoid misguided perceptions as developers reimagine the US Bank site, we ask that the boundary of the SAP study area be redrawn to exclude the Easement Buffer altogether. Property Owner (please print) Signature Property Owner (please print) Signature Address: L 6 Maple Road, Edina MN, 55424 50th Street, Edina, MN, 55424 Date: 313r/ 1 We respectfully request that the green strip of land representing the Easement Buffer in the US Bank site be excluded from the 50th & France SAP study area. As was petitioned in December (in reaction to earlier erroneous concept drawings of this land) the buffer is a legally protected perpetual easement inuring to the benefit of property owners of the 4900 block of Maple Road. It is zoned R-1. We appreciate that the SAP Work Group responded in part to that petition. In revised SAP concept drawings the buffer is a green strip noted as "to be preserved." Yet, other illustrations in the SAP misrepresent the protected nature of the easement and its current zoning. Please see: Page 30: Existing Land Use, Figure 3: "Commercial" Page 32: Future Land Use, Figure 4: "Mixed Use Center" To assure absolute clarity now and in the future, and to avoid misguided perceptions as developers reimagine the US Bank site, we ask that the boundary of the SAP study area be redrawn to exclude the Easement Buffer altogether. (D4y41,1 - Ea-15 40-- Property Owner (please print) Signature Property Owner (please print) a Signature Address: .5/902—/ Maple Road, Edina MN, 55424 50th Street, Edina, MN, 55424 Date: We respectfully request that the green strip of land representing the Easement Buffer in the US Bank site be excluded from the 50th & France SAP study area. As was petitioned in December (in reaction to earlier erroneous concept drawings of this land) the buffer is a legally protected perpetual easement inuring to the benefit of property owners of the 4900 block of Maple Road. It is zoned R-1. We appreciate that the SAP Work Group responded in part to that petition. In revised SAP concept drawings the buffer is a green strip noted as "to be preserved." Yet, other illustrations in the SAP misrepresent the protected nature of the easement and its current zoning. Please see: Page 30: Existing Land Use, Figure 3: "Commercial" Page 32: Future Land Use, Figure 4: "Mixed Use Center" To assure absolute clarity now and in the future, and to avoid misguided perceptions as developers reimagine the US Bank site, we ask that the boundary of the SAP study area be redrawn to exclude the Easement Buffer altogether. Property Owner (please print) Signature 0464412-11 i. 1 tetra-gt) Property Owner (please print) Address: Maple Road, Edina MN, 55424 50th Street, Edina, MN, 55424 Date: W We respectfully request that the green strip of land representing the Easement Buffer in the US Bank site be excluded from the 50th & France SAP study area. As was petitioned in December (in reaction to earlier erroneous concept drawings of this land) the buffer is a legally protected perpetual easement inuring to the benefit of property owners of the 4900 block of Maple Road. It is zoned R-1. We appreciate that the SAP Work Group responded in part to that petition. In revised SAP concept drawings the buffer is a green strip noted as "to be preserved." Yet, other illustrations in the SAP misrepresent the protected nature of the easement and its current zoning. Please see: Page 30: Existing Land Use, Figure 3: "Commercial" Page 32: Future Land Use, Figure 4: "Mixed Use Center" To assure absolute clarity now and in the future, and to avoid misguided perceptions as developers reimagine the US Bank site, we ask that the boundary of the SAP study area be redrawn to exclude the Easement Buffer altogether. Property Owner (please print) si nature Francis Murphy Property Owner (please print) Signature Address: LI 2— S Maple Road, Edina MN, 55424 50th Street, Edina, MN, 55424 Date: .91t k- .. :AAA: ,er ,OWnbt WW4g,ty. print): _ St9nture PropPlroerty 0.. :tpar tpioraoo Irespearmy regoathartlie reert ttrip of WU :pt the Easement Buffo ftrilhoLIS.130hktfte be excluded from The 5r0th &::Froce SAP MWM. potitioned tri December pi:reap:00Mo earlier egorietAiS:tonoept dravVir, of this sand) the IOW ia a ldgallyivoteated .poi.petteta- ea$00100t frOtragio•the-,betlefit of property ownombf the 4O0 blokr.of Maple Aod It f$.161.0d. ppio64telhat the:. . rou.p. reponded in paHtc IOW • 'elition, tn. revised SAP concept drtheawinga. :buffer-la a. green- VrivrAOted as 10 Os preseived,*".- Yet Other ittasteattOtialb: the SAP nitstept006ttho pfritgood ilatare of the eastretatit.tifkl it aotont zcr1ng Reaso-$00: EXIaino •LA-.64 ttaie_,.:Figur6 3 Oommerotar iPdge Future tariato.. Figure. it Nixed Uso:Oefftef" assure.ab%oftite::ciality now- ond- n befiitun and to a:voitt pe.(tOptfails.:-As devefoper$: reltr.001tie the US Etritkalt0-,. we ask that the boundary of the SAP audy wos. be TeltfraMI 10 exclude the EdsOiteht. Buffer AROOthlet To W. Mk $404- 0424- We respectfully request that the green strip of land representing the Easement Buffer in the US Bank site be excluded from the 50th & France SAP study area. As was petitioned in December (in reaction to earlier erroneous concept drawings of this land) the buffer is a legally protected perpetual easement inuring to the benefit of property owners of the 4900 block of Maple Road. It is zoned R-1. We appreciate that the SAP Work Group responded in part to that petition. In revised SAP concept drawings the buffer is a green strip noted as "to be preserved." Yet, other illustrations in the SAP misrepresent the protected nature of the easement and its current zoning. Please see: Page 30: Existing Land Use, Figure 3: "Commercial" Page 32: Future Land Use, Figure 4: "Mixed Use Center" To assure absolute clarity now and in the future, and to avoid misguided perceptions as developers reimagine the US Bank site, we ask that the boundary of the SAP study area be redrawn to exclude the Easement Buffer altogether. MARI-R/ R. 6 r rgrl Property Owner (please print) 0,_,/,E4-0, if Signature 404. D. k0FFET7--- Property Owner (please print) X.,4,7"--- Signature Address: ei./.;1 c? Maple Road, Edina MN, 55424 50th Street, Edina, MN, 55424 Date: 'S —30 —/? We respectfully request that the green strip of land representing the Easement Buffer in the US Bank site be excluded from the 50th & France SAP study area. As was petitioned in December (in reaction to earlier erroneous concept drawings of this land) the buffer is a legally protected perpetual easement inuring to the benefit of property owners of the 4900 block of Maple Road. It is zoned R-1. We appreciate that the SAP Work Group responded in part to that petition. In revised SAP concept drawings the buffer is a green strip noted as "to be preserved." Yet, other illustrations in the SAP misrepresent the protected nature of the easement and its current zoning. Please see: Page 30: Existing Land Use, Figure 3: "Commercial" Page 32: Future Land Use, Figure 4: "Mixed Use Center" To assure absolute clarity now and in the future, and to avoid misguided perceptions as developers reimagine the US Bank site, we ask that the boundary of the SAP study area be redrawn to exclude the Easement Buffer altogether. ;,OFF 61 Ak.“ Property Owner (please print) 44 Signature A Nmit. kt4.1kpv55 Property Owner (please print) Signature Address: Maple Road, Edina MN, 55424 50th Street, Edina, MN, 55424 Date: -.- -Si-2'0111 We respectfully request that the green strip of land representing the Easement Buffer in the US Bank site be excluded from the 50th & France SAP study area. As was petitioned in December (in reaction to earlier erroneous concept drawings of this land) the buffer is a legally protected perpetual easement inuring to the benefit of property owners of the 4900 block of Maple Road. It is zoned R-1. We appreciate that the SAP Work Group responded in part to that petition. In revised SAP concept drawings the buffer is a green strip noted as "to be preserved." Yet, other illustrations in the SAP misrepresent the protected nature of the easement and its current zoning. Please see: Page 30: Existing Land Use, Figure 3: "Commercial" Page 32: Future Land Use, Figure 4: "Mixed Use Center" To assure absolute clarity now and in the future, and to avoid misguided perceptions as developers reimagine the US Bank site, we ask that the boundary of the SAP study area be redrawn to exclude the Easement Buffer altogether. OA:\ 00,)A Property Owner (please print) Signature Property Owner (please print) Signature Address: LI I 33 Maple Road, Edina MN, 55424 50th Street, Edina, MN, 55424 Date: µ / \ /lc) IV b4 CAroperty Owner (please print) AN Signature We respectfully request that the green strip of land representing the Easement Buffer in the US Bank site be excluded from the 50th & France SAP study area. As was petitioned in December (in reaction to earlier erroneous concept drawings of this land) the buffer is a legally protected perpetual easement inuring to the benefit of property owners of the 4900 block of Maple Road. It is zoned R-1. We appreciate that the SAP Work Group responded in part to that petition. In revised SAP concept drawings the buffer is a green strip noted as "to be preserved." Yet, other illustrations in the SAP misrepresent the protected nature of the easement and its current zoning. Please see: Page 30: Existing Land Use, Figure 3: "Commercial" Page 32: Future Land Use, Figure 4: "Mixed Use Center" To assure absolute clarity now and in the future, and to avoid misguided perceptions as developers reimagine the US Bank site, we ask that the boundary of the SAP study area be redrawn to exclude the Easement Buffer altogether. Jost,' it ,Notek,k Property Owner (please print) c}ge,4 P.Ai Signatiire Address: LIC7.36 Maple Road, Edina MN, 55424 50th Street, Edina, MN, 55424 Date: 31311 17 We respectfully request that the green strip of land representing the Easement Buffer in the US Bank site be excluded from the 50th & France SAP study area. As was petitioned in December (in reaction to earlier erroneous concept drawings of this land) the buffer is a legally protected perpetual easement inuring to the benefit of property owners of the 4900 block of Maple Road. It is zoned R-1. We appreciate that the SAP Work Group responded in part to that petition. In revised SAP concept drawings the buffer is a green strip noted as "to be preserved." Yet, other illustrations in the SAP misrepresent the protected nature of the easement and its current zoning. Please see: Page 30: Existing Land Use, Figure 3: "Commercial" Page 32: Future Land Use, Figure 4: "Mixed Use Center" To assure absolute clarity now and in the future, and to avoid misguided perceptions as developers reimagine the US Bank site, we ask that the boundary of the SAP study area be redrawn to exclude the Easement Buffer altogether. Property Owner (please print) Signature C\—\\z. ,f e Property Owner (please print) Signature Address: Maple Road, Edina MN, 55424 4 2.9 0 50th Street, Edina, MN, 55424 Date: HISTORY AND LEGAL PERTAINING TO PERPETUAL EASEMENT BUFFER Warranty Deed Lund Kruse to Village of Edina 'That part of Lot 37, Auditor's Subdivision #172" Described property to be used for park purposes only Notarized and Recorded December 31, 1953 Deed Book 1987 Page 469 Village Council Resolution Relating to Deed and Transfer of Property for park purposes and proposed library Restriction for Park Use and Proposed Library, 1953 Quit Claim Deed Lund Kruse to Village of Edina "That part of Lot 37, Auditor's Subdivision #172" Created August 11, 1970 Dated & Filed December 31, 1953 (Omitted from the winding up of Lund Kruse, Inc.) Quit Claim Deed Lund Kruse to Village of Edina Lots 5 & 9, Block 1 Notarized January 25, 1972 Recorded February 24, 1972 (Omitted from the winding up of Lund Kruse, Inc.) Court Order, Fourth Judicial District Approving Village of Edina's Sale of Park and Library Property Includes Perpetual Easement Protection December 1, 1971 Purchase Agreement Village of Edina to First Edina National Bank Includes Perpetual Easement Protection September 11, 1972 Limited Warranty Deed Village of Edina to First Edina National Bank Lots 5 and 9 and all of property shown as Library Lane Prepared October 2, 1972 Filed November 15, 1972 Quit Claim Deed Lots 2, Replat of Lot 6, Lots 5, 7, 8 and 9 U.S. Bank National Association (successor by merger to the interests of First Edina National Bank) to First Building Corporation Prepared December 27, 2001 Filed and Recorded January 8, 2002 • Notary rublio,... No-,.•:,..:- .. . ti, NY commission expires • -:. : ' z , 'Flied to reoord on the 31 day a Deo A.D. .1953 at 3150 oielook,P. • 1 wi 111987 'PAGE 470 *tate ot fiiintreOpta, county of MIRUIPIN 68, •_ . . .. . . . On. this ,,,,, . =-, ...... ,„ .......... .,...--xlay • N0 t 17 laic Wain and for 8411,1.000-nty, personally- appeared- Iluoisoll,.L...14m4 • ontz Georze Cf Ktnite to me personally known, who, being .each, by me duly elitOPYz. did say that-they aryrespeetively i , ,Preeident and this . Vieet-Presidtatt , - . . , . • of the eorpo_ratt-on named tn the- =:- foregoliti instrarnentrand.that the seat a.ffixed to said instrument le the. vorporate4eat of said eorporation, and .that trunwit.t.toodi.ttfoel and stated in behalf of iaitz eorporation:by azillio.rity of eta Board of ,. • - roczors ., • • and • - . .pktiorgtt. QA.,..1cnigio aelenowledled said instrionent to be the free act and deed oteald -i 'corpora llen,:.: -. COrpaili . . . P ,, ,,,,,,,,,,,, ........... 540 AGE trbis 3nbttiture, gad. ... , .1053 betzveen ItaltRix 1,150 s - orm a corporation under the larva of the State of- Minnesota Village of Edina, a municipal remortiti,on under the Tawe of the State of Minnesota party of theeccond part, ((matt!), That tko eatd; party of the brat park in consiAeration of MS gum (41,,S2P).,ATA.,,.9ther,..,09,4..And„.Y,a9,0,19,...93200,610gAti,AnA., NW= to it'fiiitipictpria by the said party of the second- part, the receipt Worm/ 4 hereby acknowledged, does hereby-Grartt,...rfargain; Sell, and COMM( unto the said party of the second part, .iia successors and assignee Forever, Au tr4 pancel........of land and .being in the County of Hennepin • anal; tee dfJ.Ii.wsota,- described as .follows, ,sLgt.' 37 Audi-WO Et ubd.I.Vitii.o.n *mbar 172., said County andState- accorang to the 'map or:tAat 'ThereOP on file and of record in the office of the .Register of Deeds in and for said:: .1 ?County,--deserlUed as follows* Beginning on the South line of Lot 36, said Subdivi.sion.,40 feet East or 4the' $oirtIorest corner thereof; thence North parallel with the West line of said Lot !TA, diotinoo of 150 feet; thence West parallel with the South line of said Lota 36 .and 37 a US-tance of 255 feet to the .actual point of beginning of the tract of land to be deseribed;then4e 1North parallel with theRest line of said Lot 37 a distance of 311.3 -feet; thence West parallel . .with the south lino of said Lot 37 a distance of 50 fest to the West line of said Lot 37; thence acrath. along the West line of said Lot 37 a dietanCe of 311.3 feet; thence East. parallel withi. the South line of said Lot 37, a.distance of 50 feet to the point of beginning. conveyance is made 'subject to the restriction berely created that the property herein cert- . tveyed shall be used for parkoses .only. This restriction is for the benefit and. protection of Lots One (I) pp 'through Eight- (8), inclusive', Block Four(4).,and .Lots IVelve(12) through liws14174:ne i(21.) inclusive Block Three (3),all in South White Oaks Additian,H.ennspin County,Minn.,and 1'04 the benefit of Lot Thirty-nine (39) and that part of Lot Sixtpotwo (62) not platted into South ::White Oaks Addition,. all in Auditore s SUbdivision Number 112,11ennepin County,Minn, This re tticn swte released. et Eur time byths Joint adios of the timers of thne-forrths (34 )of the abeve-Mnt:dcred3ted fo Oahe mid to floret the fipatnt, Together-With all the hereditaments and anpurtenetnees thereunto belonging, or in. anywis' e appertaining, to the said party of the second part, its successors and assigner For- ever. And the said Lund ICAkee ... •-•-• party of the Wei party- of the first part, for itself and its slotted's-ore, does covenant with, the said party of the second part, iii successors and assigns, that it is well sebsedin, fog- of the lands and pp-amigo aforesaid, .and has good right to sell and convey the same in manner and form, aforesaid, and 'that the same are free from all orman,,brant,e,a , subject to -taxes due and payable in the year 1951s and in all 'subsequent years. vInd the above bargained and granted lands and premises, to The quiet and peaoeable possession, of the said party of the second part, its 'euoeessors and assigns, against all persona lawfully claiming or to claim, the whole or any part thereof, sitbject t i inoumbrances, if any, hereinbefore mentioned, the said nax,ty,,of:theltrab part will Warrant and Defend. ,ft k - • oreotimoRP boot, 27./e said first party has caused these • preients to be exeoutp4in its rate name by .... .. . ... . • • President• and its., ..e,".44-4, -• 1004444 and its corporate nano be hereunto affixo the day and year first above written, • 1 .Fresfrnee of MOLOTION gELATINE TO CERTAIN DEEDS AND TRANSFERS OF PROPERTY IN THE VXCIN1TY OP WEST. 50th STREET AND HALVAX AVENUE, AND THE . USETOHRE1VIADE-OP SUCH PROPERTY follows: Ila IT RESOLVED by the Village Council of the -V1Ilege of Edina as 1. The Mayor of the Village is hereby authorized and directed, in behalf of the. Village, to accept for the Village. a deed to a tract of land situated in the Village, 321.3 X 50 feet, described as follows: 2T4re insert description of the Oreenbelt tractlyina immediately to the west of the proposed parking. area/ Said deed shall be tal<en subjeet to such restrictions as may be expressed therein. Said tract of land is hereby dedicated for park purposes, for the benefit of the inhabitants of the Village of Edina, and shall come under the jurisdiction of the Edina Board of Park Commissioners. 2. The Jayor of the Village is hereby authorized and directed to accept, in behAlf of the Village, a deed to a tract of land situated in the Village, measuring. 140 X 150 feet, described, as follows: iere insert description of the proposed. library site on West 50th Street Said deed shall be accepted for the Village subject to such restrictions as may be expressed therein, and is hereby dedicated to the use of the inhabitants of the Village for library and park prpoOes. Said tract is hereby placed under the jurisdiction of the Edina Board of Perk Commissioners. Until such time as said tract shall by further action of the Village. Council be used for library Purposes, the Tillage-Treasurer shall collect the rent paid. by the tenants of the present structure thereon, and shall pay the same over to. the Edina Board of Park Commissioners, for the purpose of purchasing. trees and shrubs to be, planted. on said tract. and on the tract described In paragraph 1 of this resolution. 3, Upon receipt of' the- deeds described in paragraphs 1 and 2 of this resolution, the Mayor and Clerk. of the Village are hereby authorized and directed to execute and deliver, in exChange for said deeds, the conveyance to the Lund-Kruse, Company of a tract of land 10 -feet wide, described as follows; gene insert description of 10 root wide strip immediately adjacent to the east line of the proposesd. bank prope Mayor Attest; Village Clerk IV QC. (EntryNo 1g2 centinuod) ks. AddWon all in AuditWs Subdivision Nvalbr 172, fiennepin CrOvntY'w Mino, This te'strIctio:ft RAY- .1;10 lt-01-eA.ssd at .any ani by -the igint octl:on af the otmera of three-fourths of the ebove ment-i.oned b.onefifttd tots, freie from cli -in-oumbranot,se, s-utj4ot to taxwe -Clua oed payable In the yeer f9i4 alla in ail 9ob,eofwellt Y4war':*. ($hawri for reference et -'Atiei Wor6in-ty Deed Dated Dee, 31a FM- filod )ec, 31f :etipk. 1:987 of Dds., Pstie 470 dtt4on eta* That part of Lot 37, Amiltor'a Slibdivtsien Number T72, deeertbad oe fellows li9iyinIn9 cm thi .50.uth fine el Let -aoid Subdivisioq, 40 -Not rwat a thRi FAoethweat eovie0 thoreof4 thence West eftNng th Smith line of said tote 3 and 37 o ditelsre of 465 feet to the attuul point of begillning of the trot of land to be de.acribed4 th,toce Not,th p4r1J,o1 witb the West line of said tot 47 B tance of 7150 feel, theoe Ioe i!Ath tho,Uuth 4'40 .of .s-pid Lot 37 a distan.co of 10 feet to the We$t line of seld tot ne SouHi elonv the Woo' 11110 of aaid tot 37 4 distonot of t50 ftot, to -h Southtmat.COPflOP of B.$4.d tot 37; thwwe tazt -0:01fl3, tfle Sovth of oeid Lot .0 a diatonee of 140 feet 'to the point of beoimnie.9, Thf.s oonveyene-e i$ -mods subject to the re.striation5 hereby ereettd that the property 'herein tonvoyed ehall be 0.00t5 and tibrg-ry pm-Timms Th i$ r trctin o foo the bane and pe,oteotion -of Lots )*Lhrojh 13g inclusive, Dlook 4, and Lots. 12 thP4onh 21, trc ehe itIck 3, -Ji io Sou.th Whitp Oaks Acklitton, HAnnortin Govnty, orid the bvnefli, of.' Lot 39 and th-at pert of Lot 62 -not_ ptatUd into Spoth Whi,te 0$k* Addition, all fn Kviditor.'s Sxtbdivizioe Number 112, Honoept COunty, Minn. This reztritAlun moy bere,leeeot-i at any time by the joint aotloo of the owner.a of 3J of the above mentloped banaitod It Vr e from ail 14eumbrance43 -,,,Wajfu.t to tome due and. payable in the year 1954 era 1n 01 #0,1aequont yvar4i, Mhot;m ffe,fciPenoo -az to vestrqctionsY-ki 141 the MattL,0 of 'the- Minnesota Ooportrlont of Health 11.415„ D.Nith -of Certified .0,Ppy Nath Certific-ato Lund Kok4eo.,- lne (M CP-ate Seal) -to yilta-oa of Edfeo, e Minnesota 414ei&ipol CoPooretien Doc,. No„ 2854541 ........ ......... ... ........ ...... .„ In presence of .. „t ssoll T Lund XdOivIS.,e0 o Corporistron. •,- 1_10 u• AtInneota Uniform Caoroyacinz 1/1309 Iribenture, ,Vada ,,,, day of:...,....,.. between BMW, T. 1MND And CVO= C.. XA Twusts0 *A ill vo un ary 4issulAPaTt, of Lund Kruse, Inc., a Minnesota corporation, of the County of Tietnla14 and•State of Minnesota part-1,W) of the first part, and, VII,LAQE OF ppm, a munieipal xt vorporation, ander the -laws of the State , party of the second part, WOO), That the said part,les, of the first part, iv, eowideratio* of the sum of ::cine-..Dollar ($.1„.130) and...other. good.„and...valuable-eonaideration 410WWW, to. ORR in 'hand paid by the said party of the second part, the receipt zuhereof -i4 hereby aeknowledged, de. ..... „,„. :hcrOby 0.rant, Bargain, .Qattelaim, and Oonvo nnto the scud party of the second part, its successors and awl:0ns, Forever, aZ/ the tract or parcel— of land lying anti being la the County of. TIMIPP.tri .and State of Minnesota, .clesertbed as follows, to-wit: That part of Lot 37, Auditor'a Subdivision Number 172, Hennepin County, Minnesota, according. to the map or plat thereof on file and of record in the office of the Register of Deeds in and for said County,. described as follows: Beginning on the South line of Lot 36, said Subdivision, 40 feet East of the SW corner thereof; thence North parallel with the West line of said Lot 36 a distance of 150 feet; thence Weet parallel with the South line of said lots 36 and 37 a distance of 2.55 feet to the actual point of beginning of the tract of land to be described; thence North parallel. with the West line of said Lot 37 a distance o' 3.11,32 feet; thence West parallel with the South line of said Lot 37 a distance of SQ•3 feet to the West line of said Lot 37; thence South along the West line of said Lot 37 a distance of 311.33 feet; thence East parallel with. the South line of said Lot 33, a distaliee of:50.5feet to the point of beginning. This Quit Claim Deed is given for the purpose of conveying any and all interest of Lund Kruse, Inc. in and to the above described property created by or existing by virtue of that eertain. deed by and between Lund Kruse, Inc., a Minnesota corporation, and Village of Edina, a Minnesota municipal corporation, dated December 31, '1953, filed December 31, 1953 and recorded in the office of the Register of Deeds in and for Hennepin County, -Minnesota, In Book 19.87 of Deeds, page 469, omitted from the winding up of Lund -Kruse, Inc. and is con- veyed by the aforesaid trustees pursuant to Minnesota Statutes Section 301.56, Tho glatte_nob to Rtotti the *attic, Toriother with, all the lioreffitaloents and appurtenances there- tcrt.to 'belonging ar in anywise appertaining, to the said party of the second part; its sal:Doss-ors and assigns, li`orevar, . - • Thi$ instrument is exempt from. State deed tax. Jit Stist(mont) tiapercet, The said part.U.g. of the first part have hereunto set theirs,......,._., hantt.P._ the day and vcor first above Terftten. George 8.s Trus.laea in of -Lund Rruse, . . . , ................ , se. . tRycluntaty dissolution Inc,; a..Minnesota.. aorparaiion . ggate AittMOW, Curt, , ,,,,, ......... Om tlaa , , „ / day of , , /Wove me, o• .11P:tary-knbaic -within, an for ok?: Coonty, .persenally appal-owl RUSSELL T. LUND and GEORGE C. -KRUSE, Trustees do the voluntary dissolution of Lund Kruae. Inc., a Minnesota corporation, •Ine lcnowm to be the pawns. . , . . .eksorthea tm, on4 who execulea the feregoin.4 inetrumwat, . and Trelonewleilffed thot emeettlea the isetiNto st.tme os ,,,, , „free act mat de-a-aa-Truatega,4n-tlita-v•oluntary-cliesolution of Lund ($'e.NotO ZrUSS, a Minnesota corporation. THIS INSTRUMENT WAS DRAFTED SY ISS, (Name) ,Volary Pith , County; .41"17tn,, _ 3Iy sonmisston explres- ........ . .t (A4thoo) FEMIENCE P. UMUi Now., The hbolc toes nurkoi ''Sec-Not6" Arylw tee *heck the inItttooent exwmoitertierfamnedgeigit,ourIti, Mimi My Coma:Owl 14(1.3. Doc, 34, 1971 This itisirunivg was drafted by Coney, Marquart, Windhorsi, Wesi & Hatiaday 2400 Is) Netionat Dank 13icig, Minnenpalk Minnesota 55402 $. v $. .3 CI 4 5 ording Fee $246 .10 Olt • g riling Fee tate At Oltitrttc4nt ?o_ I • . CoMnkyOf ., Her,Ine.PiP ., •1 .....-.'"•• day of,. , „ 1972 , before.rnz; or said. County, person-04/ appeared. • 4 !' • '''.., -"_ • *e.1.1.4'.. Lund and George 0, Kruse, Trustees in the voluntary dissoluti.on of 1 ttWe, Inc.„, a Minnesota corporation, •-a i Y/14700i0i't1)...h6 the pent/Ma thyorthe' In, and- who, eirecateg the toteffoing,.inztrunteut, - .. . . „ , • end attiateuftedded: Mal: ..t...he..y._ &melded the - -(Seti Not) -•#'..-Itto, ay 4.3. fr0+3 oat and; deed: .... Jaa.„Trustees...14(.1! e. Voluntary lution of Lund k.r u9....i.i#4., a Minnesota corporation, , ,,.L- • Ti-iiS thISTSVMSNT WAS 014AF-TM SY .Notary Publia......„ ...... _. ........... . .............. .,.._...—._ ........ ......„ .. , . ...County, Minx,. (Address} ,Ily vononieston, expireg,, „ , .. .... , ........... .„, Mtn: The blink littei-initiced "Ste MAC" Arc for me alien the THIMITH.ln id executed by atiornty in het, PATRICIA R. HOMMEL fluffily PitIallfi, Hnneusi oowny, Mk& My CommIstion Expires larpary T. 1076. /his Instrument N4pix dreAt-,1 by Dorsey, Marquart, Windhorsl, West & Haliaday. 2400 1st National Bank. /11,49, . Minneapolis, •Minnesota 55402 Tax statement for real property described in this instrument shall be sent to: Village of Edina 4801 West 50th Street Ediva, Minnesota 55424 sq. - x •±' 42 4.a' ft- 0 rCt Ix. z Eck z 14 A I RUB ell T. L n lOttbiiduit to Co or Ation,. 'A Atl. NA; A.:1 U. 41,1".•LVA, Wooesott 3933059 ilbttittirt, , czayot„ 19 72 „avast ary. ,d ssol ution s',1 Lund Kruse, Inc., a Minnesota corporation, of the County ...... Hennepin: And State of }.1.3.1meackt.A. partlea. of the Pat part; and...,........... ..... ... ........ ..... corporation anter the laws .of'the State-of Minnesota party of the -ssixm4 part, fiNittiutOrtli, .That the said part..lea of the -first part, in, consideration of the sura of „Dne,,1).oller,1$.1,,Q0)..,..and-ether_good-and...valuahle...consideratimnr.v.t=mmtr=tnpr: ........... to them , in, Ivi,n4 pa by the sold party of the 8P,C013.4 part, the receipt whereof is hereby acknowledged, do hereby Orant-, Bargain, Quitclaim, and Convey -unto the said party of the second part, its successors and assigns, Fore-ver, alt the tract or parcet,—. of lard tying and being in, the County- ................ an&Sta4of.)1(inne.sata, d,sscribectas -fattows, . . . Lots 5 and 1., Block 1, LUND 'KRUSE ADDITION, according to the map or plat thereof on file or of record in the office of the Register of Deeds in and for Hennepin County, Minnesota. This deed is given for the purpose of conveying to the Village of Edina property omitted from the winding up of Lund. Kruse, Inc. and is conveyed by the aforesaid trustees pursuant to Minnesota Statutes Section 301.56. gra babe 00 (0 *orb trit *mat, Together with, all the horeditaments and appurtenances there- unto bc10,0374 or in anywise appertaining, to the said party of the second part, its suovoSsors and assigns, Forever, This instrument is exempt from State deed tax-. Sin Z601110111) *rot, The saia part_les of the first part ittiNtg ..... hereunto set_. ..... ..... ,„ band ,:s. atty'arta year first above -written, r _ , George C. Kruse is Trusteas-in_the.„voluntAry.„4.1.0santion_. of. Lund Kruse, Inc., a Minnesota corporation Vile No. 677851 Village of Edina, a Minnesota Municipal eorperetioo, • r.lrFtli( D rt. '1';'".1!) • QV Mg 01 1 .• " STATE Of tinniesccrell DEC COUNTY OY 111201EPLe 3t70607, ► I c.c. , . DISTRICT COURT ORIN JUDICIAL DISTRICT • • 1, 4 , • ** 94 I. 7: e;1' """"',)11,1*aliaiit****,**.x.r. Plaintiffs Donald L. end Meney Robertson, st al., Defendants. ORDER APPROVING SALE i f Pursuant to Notice of Rearing eta Order to Show Gauge dated June ,et 18. 1971, the above-entitled matter came on before the 'undersigned, a Judge of the above Caere, au the 11th day of November, 1971 at 9%30 O'clock a.m. upon the application of the Village of Edina for approval of sale of the f011OWlog described property in the County of Hennepin, State of Minnesota; That part of Lot 37, Auditor's Subdivision Number 272, said County and State, according to the map or plat thereof on file and of record in the office of the Register of Deeds .in and for said County, described as follower. Degiunine on the South line of Lot 36, said Subdivision, 40 feet East of the Southwest corner thereof; thence West along the South lino of said Lots 36 and 37 a distance of 165 feet to the actual point of beginning of the tract of land to be des- cribed; thence Korth parallel with the West line of said Lot 37 a distance of 150 feet; thenee'Weet parallel with the South line of said Lot 37 a distance of 140 feet to the West line of said Lot 31; thence South along the West line of laid Lot 37 a distance of 150 feet to the Southwest comer L. • of said Lot 37; thence East along the South line of said Lot 37 a distance of 140 feat to the point of beginning. Alas, That part of Lot 37, Auditor's Subdivision Number 172, said County and State, according to the map or plat thereof on file and of record in the office of the Register of Deeds in and for said County, described as follows: Beginning on - the South line of Lot 36. said Subdivision. 40 feet East of the Southwest earner thereof; thence North parallel with the Vest line of said Lot 36 a.disteete of 150 feet; thence West parallel with the South line of said Lots 36. and 37 a die-. tense of 225 feet to the actual point of beginning of the tract of land to be gesoribedr, thence North parallel with ' the West lime of said Lot 37 a distance of 311.3 feet; thence west parallel vith the South line of said Lot 37 a distance of 50 feat to the West line of said Lot 37; thence South Along the Vest line of said Lot 37 a distance of 311.3 feet; thence Rest parallel with the South line of said Lot 37, a diatencs of 50 feet to the point of beginning. 01-9 •72.."-r-4,- , - y , 9 •1 a. • la • • p. r-1 a 3 0 w !,t ,•• - ; Thomas S. lirickeon, Eaq. and William J. Hempel, Esq. of Dorney. J Harquart, Windhorst. Neat i lielladay appeared an attorneys for the Village of Udine; Gordon G. Duadicker, Esq. and John E. Hartle, Esq. of Vaegre & Benson appeared as attorneys for Donald L. aqd Nancy Roberteon. George N. and Kay R. Wemeier and .}'awes E. and Diane H. Halvorsen; and Michael. J. .4 Garvey. Special Aaaistant Attorney General appeared for Warren Spenneue. Attorney General of the State of Hinneeota. There vas no other appearance. Service by publication of the Summons, Notice of Hearing and Order to Show Cause was made for six nucces sive weeks Crow Tueaday. the 22nd day of June, 1971, to and including Tuesday, , the 27th day of July, 1971. as appeared by the Affidavits of Publication of Warren E. Maui. publisher of Pinance and Cammer4o, a newspaper published in :7 the County of Hennepin. State of Hinneaota. Service of process was made personally upon each of the named defendants. No answer or notice of ap- pearance has been filed or gamed in the action, except by the above named , defendants, Donald L. and Nancy Robertson, George N. and Kay S. Wemaier and James E. and Diane H. Halvorson and Warren Epannaus. The Court. having heard and considered the evidence for and against the granting of the Petition of the Village of Edina and upon all the files. records and proceedings herein, makes the following findings and conclusions* 1. On December 14, 1953, the. illage of Edina by resolution accepted and dedicated for park and for park and library purposes for the benefit of the inhabitants of the Village of Edina the property described hereinabove. Z. Title to said property was conveyed to the Village of Edina by warranty deeds dated and executed December.31. 1913 end.recorded in the office of the Register of Deeds for Hennepin County at pages 470-471 of Book 1987 of 0' Deeds and at pages 469-470 of Book 1987 of Deeds, such deeds from Lund Kruse, Inc., as grantor, to Village. of Edina, a municipal corporation under the lave of the State of Minnesota, ea grantee, vesting in the Village of Edina title ,;.; It • in fee to the said described-property subject•to the, restriction for park and T: library purposes as found in paragraph hereof. rj Ai; , . r ' ti c 'fr,v.t...A.1,-,,dL..1.r • •• •r Ida*, miedi A•41....••••••••• • rl 1 • • 0 e 3, Until the.ylear 1968 the Village of Edina used part of the above described prOperty for library purposes and maintained inci- dental parkgrounds.aurrounding a former residential structure con- verted to library use, with.tho remainder of the property within the description used and maintained until the present'by the private property owners adjacent thereto and impediately westerly thereof, such private property fronting upon Maple Road in the Village of Rdinp, County of Hennepin, State of Minnesota. r4. In the year 1968 the library of the Village of Edina was moved to a new building constructed for that purpose adjacent to the Village Hall. Since that date and to the date hereof, the Village of Edina through its Park Department has continued to main', tain the old library site charging the cost thereof to the Library. .Department. S. On May 3, 1971, by resolution the Council of the Village of Edina found unfit for park and library uses and purposes or either of such uses or purposes, the property described hereinabove. 6. By reason of the location, shape, size, topography, con- , dition of improvements thereon and present and potential uses of the ,property described horeinabove, the Council's finding that such property is unfit for park and library uses and purposes or either of such uses or purposes is not arbitrary, unreasonable or capricious. NOWT THEREPORE, IT IS ORDERED AS FOLLOWS: 7. That a default as to each and every of said named defen- dants and all other persons unknown having or claiming to have, or who at any time may have, any right, title'or interest or lien in or upon the property described hereinabove and arising out of either 'or both of.the.deeds described in Paragraph 2 above, be and the same is hereby entered, except as to the above named defendants who have • appeared in this action, Donald L. and Nancy Robertson, George N. and Kay E. Wemeier and James.l. and Diane M. Halvorson and Warren Spannaus. -3* _ • • 4.:4; 4‘. rr 8. Approval of this Court, the District Court of the county wherein the Village of Edina As located, of the sale by the Viiiage of Edina of the property described hereinabove, be and it Is hereby granted. 9: Such approved sale shall be made' freed of the provisions of the trust for the benefit of library or park purposes or either of such purposes and freed of all other provisions of trust created by the deeds 'described in paragraph 2 hereof and'freed of all interest and claim of defendants herein arising out of either or both of said deeds. 10. The income realized from the sale of the trust property by the Village of Edina shall be credited to the funds of the Village of Edina in trust for park purposes in accordance, with the statutory Condition in such case made and provided by Minn. Stat. 501.11 (7)' with such funds in trust for park purposes to be under the exclusive control of the Village of Edina acting within its powers as, a municipal corporation of the State of Minnesota and to be used for park purposes. 11. The Village of Edina, in connection with the sale of said property, shill obtain a perpetual easement over and across the ' West 25 feet of the said property for open space, scenic and land- .,,scaping purposes,, which easement shall be for the benefit of Lots / one (1) through eight (8), inclusive, Block four (4), and Lots twelve 12) through twenty-one (21), inclusive, Block three (3), all An„ 1 South White Oaks Addition, and Lot thirty-nine (39) and that part of I 1., Lot'sixty-two (62) not platted into South White Oaks Addition, all • in Auditor's Subdivisien'Rumber 112, all according to the respective . recorded plats thereof, Hennepin,County, Minnesota (hereafter called • "Benefited Lots") and shall be in laver of each of the then owners of the Benefited Lots and shall recite that the easement shall tun with the title to the Benefited Lots and shall inure to the benefit .1 !i14, .4. • 4., .41.‘ /41 so,....45Lossa4400,-4131-0A0ANtai.601.10.10...o..... BY THE COURT:. • . Bruce C. Stone Judge of Diatrict Court STATE OF MINNESOTA, COUNTY OF HENNEPIN Ceritfild to It 4 Via la Ortita copy of the otioutilult of ots,72my elks. GERAtQ R. F ON, CIO, of Olitt«t Court 811 r Deputy • FIEMOR.ANIXIM • ti ' • sf • .1, • '71. ••••*••• ••• •-t. .., -7- , — • "*"1.-•••",' __. ,. • .... 1 -......-6.4._ 4 -- ...,•• ..i. of all future ownars of the respective Benefited Lots. and shall further contain 8 preVision that it may be released only by the joint action of the owners of three-fourths of 'the Benefited Lots, 1 1 t 4 11 Dated: December 1,h 1971. 4 Well documented and reasoned briefs have been submitted by .all sides, Village, defendants and Attorney Dotterel. Necessarily, reliance must be given to the presumption of constitutionality accorded an act of the State Legislature, Minneapolis Federation of Teachers v. Obermeyer, 275 Minn. 347, 147 N.W. (2d) 358. It is wall within the power of the Legislature to.modify common law . procedures relating to charitable trusts. And it has not been shown, certainly not beyond a reasonable doubt, that there was an abrogation of contract with any of the adjoining landowners. Cense. quently, I find no constitutional impediment to the legislation (Minn. Stat. 501.11 (7) ) authorizing sale of the land with the approval of the District Court. , • he statute reads in part; "Provided that any such city or village shall, with the approval of the District Court of the , county wherein such city or village is located, sell, lease, or otherwise dispose of, freed of the provisions of such trust, any such tract, lot, parcel, reserve, block, or subdivision of the platted part of any such city or village, embraced within the area described in such grant, gift, devise, or bequest when any 'such tract, lot, parcel, reserve, block, or subdivision of the platted part of any such'city at' village shall be found to be unfit for the uses and purposes expressed in any such grant, gift, r devise or bequest." T 0 **... • .•1`......02**•.0 rr 4 • • 7 `N‘s " • •••r• •••• ••••••• • • 0 • The determination of this court must be limited. to approval or disapproval of the action of the Village Council. On May 3, 1971 tho Council found the property unfit for library or park purposes: . For the court to make an independent judgment, as defendants urge# would place the court in a position of determining (at least potentially in other cases) the length of park grass, what flowers to plant and what umpires to hire. Such is not the business of a. court. "Approval" by the court presupposes something to approve; hence the finding of unfitness must originate with the Village. Unless • this statutory provision is to be singled out from all the others, it is basic law that responsibility of the court is not to determine whether a unit of government is right or wrong; it is, rather, only to determine whether the action taken is so arbitrary, unreasonable or capricious that it is the duty of the judicial branch to intervene. "It would seem that a park implies ornamental areas with grass, wooda, shrubbery and benches, and may include playing fields...." • Kronschnabel v. City of St. Paul, 272 Minn, 256, 137 N.W. (Id) 200. The term "fit" has been defined variously as, or equated with, "satisfactory," "suitable," "appropriate," "adapted to," "convenient," or "proper," Burnett v. Garrison, 261 Ala. 622, 75 So. (2d) 144; Whisnant V. State, 39 Okl. Cr. 214, 264 P. 837; State v. Rones, 223 La. 839, 67 So. (2d) 99; Finlay v. Dickerson, 29 Ill. 9, to 19 Peek 9; Miller v. Cedar Rapids Sash and Door Co., 1S3 Iowa 73S, 134 N.W. 411. .?' The question of fitness is relative. In a sanse it is doubt' ful that the property here involved was ever really "fit" for park purposes. Its, main usage has been to surround the library and to provide a "buffer" for the Maple Street residents. ' The,property here involved is scarcely large enough for active park purposes (1SO feet by 140 feet and 311.3 feet by SO feet). oo6. , • , „ '1 t: • ......••••••••••• PPM*. e 4.•ergrr.4• ..4kfei&i•sr..•••••....: tki.••••.. skating rink for young • - „ 0 The establishment (on the library site) of a i public money. children might baa passibility but much grading would be required and it abuts the SOih Street thoroughfare. Tennis courts might be . ' established on thm'buffer strip but the strip-is only 50 feet wide. :1 • Undoubtedly, a small passive park.pessibly could be developed where shrubbery and 'flowers were planted and people might have a place to sit upon pdrk benches, but the location is far from ideal and 'such would involve the expenditure of a substantial amount of The Village of Edina has provided already for what appears to be an excellent park system. Approximately ten percent of the Village area is utilized for park purposes (1,050 acres) in a village with: • 44,000 inhabitants. The proceeds of the sale pf this property undoubtedly can be put to good use in connection with the present park system. Certain it is that many fine and dedicated citizens of Edina . .4. have adopted an opposite view, but the popularity, or its lack, of the action by the Council cannot be a criterion for its'approval Or disapproval. •1 In summary, considering the expressed desires of the elected officials of the Village of Edina, its existing park program, the relatively small area and location of the land involved, that the grantors have-impliedly approved (by quitclaim), and the willingness of the Village to'provide for a 25-foot buffer strip, this Court does not feel that it can or should find that the action of the Village is either arbitrary, unreasonable or capricious. The petition to sell the property is approved, subject to the conditions. that the proceeds of the sale be placed in trust for park purposes and that a. 2S-foot easement over the westerly side of the': property be provided for the benefit and protection of adjoining .. • residents. • BCS -7- ... , .:-:..:.....4.,,,.........Z.,fdAE4L.:•••••":a.4.14,....s......, "--SZ., :iv, - • • ..I..• •.• r• ,1—.Kw..k.,......3,,,,....r....4« • ..,,,..-- "'" v.. _.-.. 7 nr ti 4 • ifs 4 s "zs 4 c 4 4 g 4 5 4 to 3 air 4 II 115 11 •••• •••• Ir it .7 ABSTRACT OF TITLE TO Lots 1 to 10, both inclusive, Block 1; I. Lots 1 to 2", both inclusive, Block 2; Lots 2 to 21, both inclusive, Block 71 and Lots 1 to 9, both inclusive, Block 4; all in "SOUTH WHITE OAKS ADDITION" NATI/ 74* I D x• fC .Ig 1 14 f I3 /4 et&i. forfte.hAng tits g I glYtlerwrirl-sAf .1/111 leak", Afl 4 4 6 WI - 11) 1 to k fros rim to N 14 775 " mr .1- - t Z # 21-s 1 4 a 755 /4? Mr 4 II 4 3 4 .1" Mr 4 I 4 4 4 lef MY 4 14 4 In 5 4 in 4 IS 4 e 4 4 MI M? 4 14 4 7 4 .4.7 Ifr 4 is 4 5 4 Mt el 4 IS 4 to 9 4 '47 `I II 4 ir) 4 c ..4.449 0, m / I, H / / / IL t e ii / -47 ----,K.ilit iMariter Volt,' AV" Agwv .1.47•V; J,v17,1 feebly, /1 4 14 its Is irs +4 t f9 t 21 yrs ' %1.04.0 SIR 44 d stM. I 4, ,z,e...-. '114 .5de 4 . (..... —.50,—........_47: v 'se dpyty .J If i af.TA.• 44 .i.,. At Avg 4*. 00 • An i srehivi . 4 770, 12 tig COMPILED BY TITLE INSURANCE COMPANY OF MINNESOTA. Is. - Nor akiluo.44 4.1 A', PIA? Warranty Deed Dated Dec. 31, 1953 Filed Dec. 31, 1953 Book 1987 of Deeds, page 470 Consideration $1.00, etc. That part of Lot 37, Auditor's Subdivision Number 172, described as follows: Beginning on the South line of Lot 36, said Subdivision, 40 feet East of the Southwest corner thereof; thence West along the South line of said Lots 36 and 37 a distance of 165 feet to the actual point of beginning of the tract of land to be described; thence North parallel with the West line of said Lot 37 a dis- tance of 150 feet; thence West parallel with the South line of said Lot 37 a distance of 140 feet to the West line of said Lot 37; thence South along the West line of said Lot 37 a distance of 150 feet to the Southwest corner of said Lot 37; thence East along the South line of said Lot 37 a distance of 140 feet to the point of beginning. This conveyance is made subject to the restrictions hereby created that the property herein conveyed shall be used for park and library purposes only. This restriction is for the benef and protection of Lots 1 through 8, inclusive, Block 4, and Lots 12 through 21, inclusive, Block 3, all'in South White Oaks Addition, Hennepin County, Minn. and the benefit of Lot 39 and that part of Lot 62 not platted into South White Oaks Addition, all in Auditor's Subdivision Number 172, Hennepi County, Minn. This restriction may be released at any time by the joint action of the owners of 3/4 of the above mentioned benefited lots. Free from all incumbrances subject to taxes due and payable in the year 1954 and in all subsequent years (Shown for reference as to restrictions) V Lund Kruse, Inc. (Minnesota Corporation)(Corporate Seal) 184. to Village of Edina, a Minnesota Municipal Corporation Doc. No. 2854541 (Entry No. 183 continued) Oaks Addition, all in Auditor's Subdivision Number 172, Hennepin County, Minn. This restriction may be released at any time by the joint action of the owners of three-fourths of the above mentioned benefited lots. Free from all incumbrances, subject to taxes due and payable in the year 1954 and in all subsequent years. (Shown for reference as to restrictions) /0 In the Matter of the Minnesota Department of Health 185. Death of Certified Copy Death Certificate DORs v, MAIROUART, WINDt-IORST, WEST a HAL LA AY Qum:6 WE5T. HAROUART .H:!HH 1pkwurtH9557. HENRY LIALLADAY ,TUL.L.H-HANHAForic ARTHUR c..55-THTHET fT45.5EL4 CO1444151 DAVID. A_ DITIN HORACE .1117CH v,141011:11. ?HU, PORETTY.v.TART5K Da9REAT .P[tict17 'RGPi.113' J. Jamison' RAsStiaiRST FCT,R Donbri. ei:an6F PLAfiritlif CSIR11-$.1,.RGY t-Vit1Iat110 ri4 41C'c.40SC.RN FRED/RICK C.LA),ItiE JAMES R.VE_SSEY 1671.1.1AN A_WHITLI)C1( C.J.SCHNA.RTICAVER THOMAS WOROWN ORHELR15 o. liAHON.CY THOWA5 5. tRicH50H VilLIAMI C. pAscocm. micaPEL E. eRC65 ma. a z.c.pyr RATHava.&13EiSTCA JOHN. J. 'TAYLOR NERN0,110 GAUEN,/ tEB WILLIAM ./.115HPEL. ....oHN 5_ lits05 RoagRT-0,7Loll.ER JOHN Q ltVINE Fi3XRt,5 &TtornS THCHA,E1, A. (Awn LARRY W.,,lonH50H 11011"1.5 SHAY G, LARRY effiFTETH CRAIG A,TIECK acylo 1....mcc45grt THOMAS Hot- JANEs H, CKA0A1/ F41coArL W. %RIGHT LARRY LVIGIRCY LORIN H-KNOTT 001..V.O II. HARM, REC55. C.JOHNSON 2400 FIRST NATIONAL SANK BUILDING MINNEAPOLIS,MINNS0TA 654o2 if50•21 clAEfi,e: 00140W (Agre w-riggiT NATIONAL FAANK eVILOINO Wr,-PAUL,•KINNZ8OTA 86101 {eta{ 2a7-0017 JONATHAN VILI.A3e CENTER QHASKA,MINNFS0TA 66318 fele) 4.48--401.2 September 15 19 72 .1.04ES. t NAI,VER501• CifABLEI J mortislEIN cloRus &Gag JOHN C.1gAil HAN 40141.1 EUCctIC L-JCIVIScH JOHN V!, WINONG 061: JR. ARICNARD WHAM It 50TH 7H4,8An 11.HATITHEY RitHAP.0 O.HWA11SON 01.5111 1..I R00CRTJ.51LIMITM4 4,9•5[5 H...etT555 WILLIAM 4.14/B135 4911N 0.51090 mituP P; aCIELTeli watAld 8..PAsf HE ORVC£ vt.CUTiTolt JAN 7..511.1(MNANS* R.A.KRYlgtrIPAVCO OAY1D 11 xRceirtx TH-OHAS•W, TIHHHAH JOH. i.1111-11,r; PAL LOCVINE kootrit A. Htitieli5 iNr1/Y W.. BANTI. ?HOMO- J. RA1)14E'R CcIRT1S t...571Nt HicHAKL.TRUCMC WiLLEAH J. KEpPEIL JAMES A. ri:Apoi WILLIAM A.JOHN,519HC MILIAN Er. nowo WaLIAN H LIPNER 0011cLAS o,14zrAm:Auo CASIO Let/EHNEN RPITVRT M,110kINORSDA CRAIG l_AUJAHS SINQUir 5..WALX0W1AN ovhsamPuVin MiWfWMA OF- c40145Ci: DAYID E,1311ONSG11 lEAVIIT R.DARROV CE0ROF 'e. Prn50N Mr. Warren C. Hyde Village of Edina 48(31 West 500 Street. Edina, Minnesota 53424 Re: Old Library Site Parbury Site Dear Warren: I have delivered over to the Aank three. copies each of the two purchase agreements between the Village. and. the Bank.-- one for the Old Library site and one for the Parbury site; I have also retained a fully executed copy of each for ry file and enclose herewith a fully executed. copy of each of those agreements for your files- Very truly yours, Thaima Erickson TSE/c Enclosures 6122./72 W.-.44/ b1; oittm PURCHASE AGREEMENT THIS PURCHASE AGREEMENT, made and. entered into this lith day. of September 1972, by and between FIRST INA NATIONAL BANK, a national banking association, (sometimes hereinafter called. "Bank"), and VILLAGE OF EDINA, a Minnesota municipel corporation, (sometimes hereinafter called "Edina"), WITNESSETH, THAT; WHEREAS, Edina owns certain real property (hereinafter called "Edina Property"), located in the Village of Edina, Hennepin County,. Minnesota., more particularly described in Exhibit A attached hereto and made a part hereof, and Bank desires to purchase the same,' all on the . terms and conditions hereinafter set out. NOW, THEREFORE, in. consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency- of Ohich con- sideration is hereby. acknowledged by the parties hereto, the parties -hereto hereby agree as follows: 1. Edina agrees. to convey to Bank fee title to the Edina Property on the date of closing as hereinafter set forth subjeet to. and upon the terms and conditions herein contained. 2. Bank agrees. to pay for the Edina Property, on date of closing, in exchange for performance by Edina of its obligations here- under, the sum of Pifty Thousand Dollars ($50,000,00), in cash 3. As soon as possible after execution hereof, Edina shall furnish Bank with an Abstract of Title or Registered Property Abstract for the Edina Property. certified to a current date and containing all. appropriate searches. The evidence of title furnished pursuant to this. paragraph shall show marketable fee title. in Edina subject only to the. following: (a) DA-Eliding and zoning laws, ordinances, state and federal regulations (b) Reservation of any minerals or mineral rights to the State of Minnesota; (0). The lien of real estate taxes payable in 103 and it subsequent years and installments of special assessments payable therewith; provided, however, if the date of closing occurs subsequent to November 10 of 1972, then the Edina Property shall be subject only to real estate taxes payable. in 1974 and sub- aemuent years- and installments of special assessments payable therewith; (d) Public road easements; (e) Public utility easements not interfering with proposed improvements referred to in paragraph. 8 below. (f) Encroachments upon Tract I described on said Exhibit A by property owners along the West line of. said Tract I; (g) The, easement set out in paragraph 5(a) hereof. Bank shall be allowed twenty (20) days after the receipt of the Abstract of Title or Registered Property Abstract referred to herein for examination of said title, and the making. of any objections thereto, said objections to be made in. writing or deemed to be waived. If any objectioas are so made, Edina. shall be allowed one hundred twenty (iO) days to make such. title marketable. Pending correction of title the date of closing shall be postponed, but upon correction of the title and. within ten (l0) days after written notice, the parties shall. perform this agreement according to its terms. Edina represents and agrees that it. will use its best efforts to provide 'good and marketable ti tle. to the. Edina Property. It title to the Edina Property is not marketable or is not made so within► said. one hundred twenty (120) day period, then tank shall have the election to (i) declare this agreement terminated, whereupon. this agreement shall be null and void and neither party hereto shall be liable to the other for any performance. or damages in connection here- with) or (ii) waive any such objections and proceed to close pursuant to this agreement. Buch election. shall be made by written notice by Bank to Edina given within. ten (110) days after the end of said one hundred twenty (120) day period and if no such notice be. given, Bank Shall be deemed to have elected (ii) above. If Bank elects (ii), there shall be no adjustment in the consideration herein for any such defect in title, 4, Edina, on► ox before the date of closing, shall pay all real estate taxes payable in 1972 and in all prior years and all instal- lments of special assessments payable therewith. If the date of closing occurs subsequent to November 10 of 1972, then Edina shall also pay the real estate taxes due in. 1973, and installments of special assessments payable therewith, and if the amount of such taxes is not then known, such payment shall be made to Bank on date of closing based on Edina's reasonable estimate of such taxes. S. On date of closing Edina shall convey the Edina Property to Bank by Limited Warranty Deed, subject only to the maters set forth in paragraph 3 hereof, and to she following: (a) The reservation of a perpetual easement over and across. Lot 5 and the West Fifty (50) feet of Lot 9 (said Lot .5 and the west 50 feet of said Lot 9 being hereinafter called "Buffer Strip"), as described at Tract I on said Exhibit A, for open space, scenic and landscaping purposes, for the. benefit of Lots One (1) through Eight 0), inclusive, Block Four (4), and Lots Twelve (.12) through Twenty-one (21)-0 inclusive, Block Three .(3), all in South White Oaks Addition, and Lot Thirty-Nine (39) and that. part of Let Sixty- Two (62) not platted into South. White Oaks Addition, all in Auditorts Subdivision. Number 172, Hennepin County, Minnesota, all according to the respective recorded. plats. thereof., Hennepin. County, Minnesota, (hereinafter called. "Benefited Lots"), which ease- ment shall be in favor of each of the then owners of the Benefited Lots, and shall recite that the easement shall run with the title to the Benefited Lots, and Shall inure to the benefit of all future owners of the respective Benefited Lots, and shall contain a provision that it may 'be released. only by the joint action of the owners of three-fourths of: the Benefited Lots; provided, however, that the reservation of said easement 'shall not be deemed to create a public park or to give any rights to the public to use said area as and fox a public park, or any other public purpose, except for existing public utility easements of record, if any. (b) The covenant that Dank Shall improve, landscape, and at all times keep improved and landscaped, those portions of the Buffer Strip which are not subject to License Agreements as referred to at paragraph 6 below, pursuant to plans approved by Edina, whiCh approval shall not unreasonably be withheld, and shall also keep uch portions of said Buffer 'Strip at all times free of litter, 'debris and weeds, and shall mow the. grass And trim the bushes thereon, as necessary to maintain such portions of the Buffer Strip in. a neat APpearing condition, and shall also, at all times,. maintain the improvements placed 'on such portion of the Buffer Strip in good. condition and State of repair. In the event,such maintenance world not done, Edina, without being obligated so to do,- may do* such maintenance- work and charge the cost thereof to the owner of the Edina Property and the same shall be payable immediately upon demand, and if not paid upon demand, shall hearinterest at 8% per annum until paid, and such cost with interest as stated shall be the personal, and joint. and several, obligation of the then owner or owners of the Edina Property, and may be recovered, from them personally, by a civil action, together- with the costs of the action, including. reasonable attorneys- fees, or,. at Edina's- option, may be levied as a special Assessment against the Edina Property, but without the notices normally required for. special assessments, which shall be payable with the real -4- estate taxes payable. in the year following the year in which such assessment is made and collection thereof shall be in the same manner as collection of delinquent taxes. 6, This agreement is hereby expressly made subject to the following contingencies which. must be performed or occur by the date of closing: (a) That Bank is able to obtain the rezoning requested by the Petition for Zone Change attached hereto as Exhibit B and hereby made a part hereof; (b) That Bank is able to obtain the variances requested by the.Petition For Variance attached. hereto es Exhibit C and hereby made a part hereof; (c) That library Lane aa shown and designated on the plat of LUND USE ADDITION is properly vacated; (4) That Bank is able to obtain- agreements (herein called qacease AgreeMents") with all Owners of property im- tediately West of the Buffer Strip who now encroach upon the Buffer Strip'with lawns or fences (hereinafter called "Encroaching Owners"), that such encroachments are with the permission of, and not adverse to, the fee owner of the Buffer Strip, and that the Encroaching Owners will maintain that portion of the Buffer Strip encroached upon in the same manner as the Bank is to maintain the Buffer Strip pursuant to paragraph 5(b) hereof. Said License Agreements shall be prepared by Bank and be in form and substance reasonaUy acceptable to Edina. All of said contiugeneies shall be performed or made to occur at the sole cOst and expense of Bank, except that Edina, upon request of the Beek, shall use Its best efforts to obtain a License Agreement from all Encroaching Owners from whom. a. License Agreement is desired by Bank. If all of said contingencies have not been performed or occurred by the date of closing, Bank, at its option, to be exercised in writing by date of closing, may either ti) terminate this agreement in which event neither party hereto shall he liable to the other for any performance or damages in connection herewith, or (ii) postpone the date of closing to a new date to be selected by Bank, but not to be later than November 1, 1972, or waive the contingencies and perform this agreement according. Co its terms. If Bank elects option. (ii) above, then the date of closing, for all purposes of this agreement, shall be the date so selected by tank, and on. the. new date of closing so seleCted, if all of the contingencies have not been performed or occurred, the tank Shall have options (i) and (iii) above, to be exercised. in writing on or before the new date of closing. If an elects (ill) above, there shall be no adjuatment in the consideration herein because of any remaining contingenetea. If tank falls to exercise any of. its options in the manner and by the tme herein required, it shall be. deemed to have elected WO above. If is Understood and agreed that Edina. shall have no obligation or liability of any kind under this. agreement for failure or refutial to grant any rezoning, varianee, or atreet vacation, or for failure to obtain any License Agreements, desired: by tank; that though the tank desires the rezonings, variances, street vacations and License Agreements referred to in this Paragrab 6,. Edina, by agreeing to sell the Edina Property subject to the contingeneies herein. expressed, shall not be obligated, and it is not obligated, to grant any of said rezonings or variances or said street. vacations or obtain any of said License Agreements; that Edina shall grant only such rezonings, variances- and street vacations as are. in the beat interest of the Village and permitted under the applicable laws and ordinances. 7. The date of closing as herein used shall be October 2, 1972, subject to postponement pursuant to paragraphs 3 and 6 hereof. Place of closing shall be at the offices of Edina, 4801 West 50th Street, Edina, Minnesota. Delivery of possession phall be on the data of closing. Pro rata adjustments of utilities and village water shall be made as of the date of closing. 8. Bank further herebyagrees, if this agreeMent is acinSUM- mated, and it becomes- the owner of the Edina Property and of Lot 2* Block 1). Replat of Lot 6, Block 14 LUND. KRUSE ADDITION, and it obtains- all necessary building permits, that it will develop all of the. following described property: Lots 5, 7, 8 and 9, Block 1, LUND. KRUSE ADDITION, the property shown and designated aa Library Lane on the plat of LUND KRUSE ADDITION, and Lot 2.„ Block 1, Replat of Lot .6, Block 14 LUND KRUSE ADDITION, all according to the respective recorded plats thereof, Hennepin County, M4nnesata, in the manner shown on, and in. full compliance with, the plan dated June 164 1972 and attached hereto as Exhibit D and hereby made a part hereof; provided, however, that if changes in said plan are required to comply with the applicable ordinances, then such Changes shall be made and such Ordinances complied with, unless variances are duly applied for and granted by Edina;- provided, further, however, that if changes in said plans are. required to accommodate the easement in Book 1988 of Deeds.,. Page 188, Office of the Register of Deeds, Hennepin County, Minnesota, then such Changes shall be submitted to Edina for its approval prior to construction or implementation of such changes., Which approval shall not unreasonably be. withheld. Bank further agrees*. in connection with the development of the. property described in this paragraph 8, to. construct improvements upon and landscape the Buffer Strip, pursuant to plans to be approved by Edina, whiCh approval shall net be unreasonably withheld, and to deliver a perfarManCe bond .therefor in the amount and. on the terms as determined and set out in Section 8 of Ordinance No. 401 of Edina. 9. Any notice or demand permitted or required to be given or made pursuant to this agreement shall be delivered. personally or mailed by United States mail to the addresses h reinafter set forth by certified or registered mail. Such notice or demand shall, be deemed timely given or made. when delivered personally or when deposited in the United Stats mail in aeeerdance with the above. The addresses of the parties hereto are as follows: If to Edina:. 4801 West 50th Street Edina, Minnesota 55424 Attentin: Warren 0. Hyde If to bank: 4100 West 50th Street Edina, Minnesota, 55424 Attention: Warren R. Rime 10. Each party hereto warrants that It has not incurred any real estate brokerage tees, finders fees, loan brokerage fees, or any other fees to any third, party in connection with. the sale covered by this Purchase Agreement. In the' event any third party institute's a legal action in an effort to recover such fees, the pafties jointly shall defend such action, If a judgment is obtained, the party responsible for 'breach of this warranty shall reimburse the other for the latter"s attorneys' fees, court costs and its share of the judgment. 11. The term, conditions and covenants hereof shall extend to, be binding upon. and inure to the benefit of the successors and assigns of the parties hereto. The covenants herein shall survive the closing hereof, any rule of law to 'the contrary notwithstanding. VILLA.GEc1UINJ. By tu 2 406;46' Arta IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed as of the day and yearthat above witten FIRST EDINA NATION BANK By # • Presidert Arta- EXHIBIT A TO PURCHASE AGREEMENT. FIRSTEDA. BANK AND VILLAGE OF EDINA TRACT tots 5 and 9, Block i, LUND KRUSE ADDITION, according it, the map or plat thereof on file or of record in the office of the Register of Deeds in and for :Hennepin County, Minnesota; Also, TRACT Ii All of the property shown. and designated as Library Lane On the plat of LUND KRUSE ADDITION, aocording to the. map or plat thereof on file or of record in the office of the Register of Deeds: in and. for Hennepin County, Minnesota. EXHIBIT B TO PURCHASE AGREEMENT BETWEEN FIRST EDINA NATION ANK AND VILLAGE OF EDINA Meeting Date: July 5, 1972 Application Deadline: June 23, 1972 Gall for Application Fee PETITION FOR ZONE CHANGE Date: June 1972 Applicant: FIRST EDINA NATIONAL BANK Address: 4100 WEST. FIFTIETH STREET, EDINA, MINNESOTA 55424 Status of Applicant: a) Owner of: Lots 7 and 8, Block 1, LUND KRUSE ADDITION b) Buyer of i) Lot 2, Block .1, Replat of Lot 6, Block 1, LUND KRUSE ADDITION ii) Lots 5 and 9; and all thaptoperty shown and Aasitnatad as Library Lane on the Plat- of LUND KRUSE ADDITION; all in LUND KRUSE ADDITION Presently zoned: The -toning of the above described lands is as follows: Lot 2, Block 1,. Replat of Lot 6, Block 1, LUND REUSE ADDITION; Lot 7, Block :1, 'LUND KRUSE ADDITION Auto Parking. District Lots 5 and 9, Block 1, LUND KRUSE ADDITION Single Family Dwelling Lot 8, Block 1, LUND KRUSE ADDITION Commiercial 0-2 Library Lane (to be vacated) as platted , 'LUND KRUSE ADDITION Public Way No change in zoning is requested for the following land: Lot 2, Block 1, Replat of Lot 6, Block 1, LUND KRUSE ADDITION; tLots 5, 7 and 8, Block 1, LUND KRUSE ADDITION; All that part of Lot 9, Block 1, LUND KRUSE ADDITION lying West of the. East line of Lot 5, Block 1, said Addition, extended South to the South line of said Lot 9. Change. in zoning is requested for the following land; a) From Single Family to APD All that part of Lot 9, Block 1., LUND KRUSE ADDITION, tying Ema of the East line of Lot 5,. Block 1, said Addition, extended South to the South line of said Lot 9, and lying West of the East 20 feet of said Lot 9 as measured at right angles to the East line thereof. b) From Single Family to Commercial C-2 The East 20 feet of Lot 9, Block 1, LUND KRUSE ADDITION, as measured at right angles to the East line thereof. c) From Street or Public Way to Commercial C-2 All of Library Lane (to be vacated), as platted in the plat of LUND KRUSE ADDITION Reason for requeatt 1, Proposed expansion of building now located on Lot 8, Block 1, LUND KRUSE ADDITION by an addition on the West and North sides thereof, 2. Proposed construction of drie-in banking facilities on Lot 7, lock 1, LUND KRUSE ADDITION. 3. Proposed establishment of additional parking area on that part of Lot 9, Block 1, LUND KRUSE ADDITION lying East. of the East line of Lot 5, Block 1., said Addition., extended South, 4. Proposed establishment of a Buffer Zone or strip upon Lot .5 and that part of Lot 9 lying West of the East line of Lot 5 extended South, Block 1, LUND KRUSE ADDITION. FIRST EDINA -NATIONAL BANK By _ Signature of Applicant -2 -. Application received by: Date: Fe: How paid: ----------- planning Commission Date: Date Village Council Action Date CoMmentS: EXHIBIT C TO PURCHASE AGREEMENT *BETWEEN FIRST ENA NATIONAL BANK AND VILLAGE OF EDINA PETITION FOR VARIANCE Applicant: FIRST EDINA NATIONAL BANK Case No. Address; 4100 West 50th Street, Edina, Minnesota 55424 Phone No. 927-7111 Status of Applicant: 1) Owner of Lot 7, Block 1, LUND KRUSE ADDITION ii) Buyer of Lot 2, Block 1, Replat of Lot 6, Block 1, LUND KRUSE ADDITION Street address: West 19 1/2 Street, Edina, Minnesota Request: 1) Waive 10 foot set-back for parking adjacent to R-1 zone along the West lines of both lots described above. 2) Waive building set-back from South line of West 49 1/2 Street on Lot 7, Block 1., LUND KRUSE ADDITION for bank drive-in service building to be constructed on said Lot 7. Reasons: la) Applicant has consistently used Lot 7, Block 1, LUND KRUSE ADDITION' for automobile parking without any set-' back along the West line of said Lot from the time the applicant's building was completed. in 1955. Original site plans for use of Lot 7 show no provision for set- back along the West line. It is thought that Lot 2, Block 1, Replac of Lot 6, Block 1, LUND KRUSE ADDITION has been similarly used. b) Applicant will be establishing on Lot 5, Block 1 and the West .50 feet of Lot 9, Block 1, LUND KRUSE ADDITION, a 50 foot buffer strip upon which no improvements other than landscaping can be made. Although this buffer strip will remain R-1 zoning, it will be owned in fee by applicant subject to the aforesaid restrictions, all for the benefit of the Br-1. zoned lots to the West. • This 50 foot buffer strip is five times that required by Village ordinance and twice that required by' the Distritt Court of Hennepin County in a lawsuit relating to the changed usage of the Library Site on. Lot 9, Block 1, said plat. There is no reasonable need for the additional buffer as required by the ordinance. 2a) The plan for site development has been prepared with a view to smooth flow of traffic in the area and with a view to maximum pedestrian safety and public eonvenience. The drive-in service building cannot'be located on the South end of the drive-in islands without reversing traffic flow which would impede traffic on Halifax Avenue. The drive-in service area should not be located immediately next to the bank building for the reason that customers using normal bank parking would have to cross drive-in lanes to get to the bank. b) The only present user of land. along West. 49 1/2 Street other than the applicant is the United States. Post Office and related parking, The Post Office building has. already established a "no set-back!' policy along the North side of West 49 1/2 Street. Therefore, a- minimum set-back or no set-back would. not be out of character with present development, even though not technically permitted by the ordinance. c.) Since West 49 1/2 Street is a dead end street Vest of Halifax and since the planned use of • the area is, or will. be by this development, bather firmly established, a waiver of set-hack along the South line of West 49 1/2 Street- West of Halifax. far anon-bulky service building. would ndt be detrimental to any future development since. none will be possible. FIRST EDINA. NATIONAL BANK By Its President Pions submitted: Checked by; Building Inspector Planning Director Date filed. Received by Feet How paid: Pate: Board of Appeals Action Village Council Action Comments: Date *Date *11ST EDINA NATIONAL BANK Mina> Minnesota 55424 PoP6sed Addition and. Drive-up June. 161 1972 A - Existing Bank Eu ..di B Mai .oxo. to present building New auto bank facilities Sevengive-up lanes E Customer parking-69 spaces - Overflow parking--62 spaces G Fifty' foot landscaped greenbelt area Decorative landscaped retaining wail J -.New rigbt turn lane 11: - Yost Office. • - Post Office parking EXR IT D-2 9833'77 . . :.:.—L11,4ITRDrUARRANTr .DRED. . THIS INDENTURE„ Made this ' • •. . • . • , • , between .'VILLAGE PEEDINA., a municipal corperation'qiner.ths.lalfs!of-t11 Kinnesota, party of the "first -pert 4IRST EDINA NATIONAT,13 a national banking,, association, organiced,•.and.,existing::Under:tthet lawsiof' •• -United' Stares, party. of the •eacond ,partb• shall or may be imperiled, charged or inoumbered in any manner whatsoever, -except for the following; 1, Subject to reservations, restrictions and easements of record, if any. 2, subject to public road easements, This Instrument is exempt from State teed Tax. , • TranlEssritt, .hat the Said'-party of• the.first,part, in .Ci3nsiAerarion'• ' • , „ . :of the sum .of :One Dollar ($1:00 and other:gona.,andmiluabici. cOnilderatiOn • , . - to .it in hand .paid:by. the, 'said party of the Second vsitv the *receipt -whereof ! • , • • ... • . . 'the:said:party of.theeecond part, its aucciaaore anCeseigne, Forever, , all 'the tracts or parcels. of land. lying anOeias in the:County of.. Hennepin and State of Minnesota, described es follows, to-wits, • ' • •• Lots S•and 9, block 1, LUND KRUSE ADDITiON,.according to the map or plat thereof on file oi.df.reCord.in the ' office of the Register of.Deads in and for Hennepin : County, Minnesota; : • • Alec, All of the property shown and designated as'Libiary Line on the plat of LUND KRUSE ADDITION, according to the' map or plat thereof on file or of record in the office of the Register of Deeds in and for Hennepin County, Minnesota. .TO HAVE AND TO HOLD THE SAME, Together with all the hereditaments • and•ePpurtenances'thereunta belonging or in anywise appertaining, to the said, .party of the second parti its successors and assigns, rorever. And the said verty of the first part, for itself, and its successors, does covenant with .the said party of the second part, its sueoessors and assigns, that it has not made, done, executed or suffered any act or thing whatsoever whereby the .ebove described premixes or any part thereof, now or at any time hereafter,: --. is_hereby Acknowledged, does hereby. Giant, largain,,Sill; and'Oonvey-uuto': ' • • • , Subject to real estate taxes payable, in 1973. and • . .• . ; subsequent years and installments. of ',speoial .assese7.- • mente' payable therewith. . ,' • — : - • •• • •. • • 0. • • • • • , • • • 4. The reservation, hereby Madas'of s perpetual over and and stress Lot 5 and the West Pifty"(50) feet of Lot 9 (said Lot 5 and the West 50 feet.ef'eatd Lot 9: • 4.. being hereinafter veiled "Buffer Strip"), of acid LW4D, KRUSE ADDITION, for open specavacenit'and landscaping ' purposee, for the benefit of Leta:.One 11).throughEight (8), inclusive, Block Four (4) • through Twenty-one (21), inelusive, Block'Thres (3),e.11 in South White Oaks AdditionYindLet,Thirty -Nine (39) and that part of Lot Si*ty -Two (6) not platted into'. • South White Oaks Addition, all in Auditor's Subdivision •*. Number 172, Hennepin County, Minnesota, all according co the respective recorded plats thereof, Hennepin County, . Minnesota, (hereinafter called "Benefited Lots"), which • easement shall be in favor of each of the then owners of .the Benefited Lots, and which easement shall run with the 'title to the Benefited Lots, and shall inure to the benefit of all future owners of the respective Benefited LOta, and which easement may be releaeed only by the joint action of the owners of three-fourths of the Benefited Lots; provided, however, 'that this reservation of said easement shall not be deemed to create a public park or to give any rights to the . public to use, said Buffer Strip as and for a public park, or any ether public purpose, except for existing public utility easements of record, if any. :party of .the Second Part,by aeeepteacehereol, hereby,covenintsand . . :egree4.for itself and its successors and. aSsigns,'thetit..Shali . • ,• ecapC.end at all times keep improved andlandaceped:,.-those portions of the • Buffer Btrip:064e'dascrihed which are not,aubject,tereoprdedlidense Agree-. - 113nncn with cwnprc:13f.property. abutting the Tinfferprip,On..the:Weet, pursuant • • • to plans the Village of Etna, which app.rolipl:sha.14:iketunreationebly witliheld),W44 Phair.aleo.keep such Portienirpf:-WOuffer Btrip:at*all. fipa of litter, debris ernVweedgc,, and'ahall Tapia the.grese,ind•trim the • , . 'bushes thereon, as necessary tomaintein such,POrtions:of the Buffer Strip in 4 neat sppSpring condition, and-shall•eiso, at nlitiMes, 'maintain the improve- manta pleCed on such portion of ttie Buffer strAv in 1904 04410-.013 g!A. - - • : - , of 'repair,' Party ofthe•Senond'Part further 00'601,6rjtaa;ei its successors ancl'assighal that in tha avant al:kakalaihOaaaaea.,Varlc ,i*,0c4.494•41 the Village . , `. • • .. • ' , , ; 1••• ; . •, • . -2- rk - 0. • , . , • p 4 • "*... 1. 1\*. :t: ,C; • kiNioi.PAL SEAL) A f ixed day and .year first' above, written; .1N SliPAN0V1.01-i; V11.40E =INA. By, er4-1. And of wiilyaut being obligated'.an to ido, 'May de'.euch maintenance .work. • .. ..• ., :. • , . . ...• ... and .charge:the.• cost 'thereof to: .the, owner of Lots ..5' and 5, Bleck .1, .said • . . . • . . . .. . . • '. , , . ' ,Plat of ,LVITD •IGIUSE, •ADDiTI9N„ and, the •aome, shall. be 'Payable imiledia:tely • upon' demand 'and if .not 'paid upon :demand; Shall' bear Interest-Pt:eight. piercevit • • . .. . .(8%) Pei- annum ,u41.1. paid, and such cost and interest as stated shall' be .. . . .the . personal , and joint and StiVerai, obligation 'of the •then owner or •• . , . s• • . .• . : • . . ' • , ..• . . .. • . owners of Lots. 5 'and 9, .1311ok .1, . . s aid 'plat' . of LUNOKitUED. 4DITI6N ,..'and may. . .. . .... . . . . .. . • ••• • • • . • . . . be receVared „from them personally, by a eivil action, together with the. . •• . ... • . • . , . assts of, the action, including reasonable: attorneys gees, ,oT, at the option' • • . of : the Village of Edina; may be levied as a spacial assessment against Lots 5 and 9:„.• kook l., said plat of L[1141KRU5E ADDITtO,C. but. Without the poticotii. normally required -for assessments, Which shall. be payable with. the • • .•• .. real estate taxes payable icy the year fa13 owing qhs year in which aueh .. • : • . assessment is made and collection, thereof shall be in the sama manner • • collection of delinquerit .faxes. This. covenant, and agreement shall be' deemed A covenant running with the: title .te the ,above described, lets hereby con- Veyed and shall be binding :upon: ell future Owners of said lots.'• : . • . , And the title .to 'the..eboVe•granted .pramiaaa,,againet all pers6ns $ • . the sarn'e, froze, through -er under it, Pxcept items,:any, ••• . • • pegend. ' I Tts•ritpialay lagp.t0F,.thq said Party has caused these presents *to, . be exaiciut cid in, its• name by iia:iiayor' and, its. Clark and its seal dobe: hereunto • : • . 24CI) tintiont,1 • .Minnorip4114, Miritiogia 55402 . hereinbefere mentioned, the. Paid party.. of the, fist pert.'will If/arrant .and sp,ATp dr..mnimsqr4. • " • • sq; • rouirm lumFEP# : .. . • Ori -thifidL day of 1972,, befn:re ma, .a Notary. • .Public within and bpi: said...Sonntr, fieritonal?.y appienred.A.RifrinR•C, 1111*$Ittl, 'and VLORENCE ,,te.me ilcnox..71:.perio%ia11r; who beih /nab: by me' duly ,.. 3 sworn, did eay ikat are telpectia0.3.Y •the Mayor' and 'the Clerk of the Village, of *dins; the .municipal.' corporation named in the foregoing • •inatznment II and that the seal affixed 'to said instrument'. le the seal of , • , • Said Munitipalityi. and •that said instrum. enc. 'Was .signed and 'sealed in •• • • • . tnent to be the .fteelaat and deed Of said .corporation. . TtiONIAS 5, E4iIPK8014 .44`ill'''' Notttly Hennepin County, Mae • ih„filitil„,,t My QOITItWsstors tx1)1(0$ July 20, 197Ar • • ' &MI:MrMTS. POii'VAL BSTATit 'TAXES „S•tIALL'AZ SPLIT TOE..- . • rirat Edina tiationat.liank: .'4100 Wea't..50th Strait. •I‘litinasqta . 5504 • -4- 0 IPE RE"ISTER OF DEEDS • - STA E OF IA NNESOTA 0' INTY OF HENNEPIN I hereby certify that the within Instrument was filed to( re-ord in this office on tpe 1.5 day of NOV 1 A.D. 1 en ay/ 2.4=2 o'clocPA m * nnt iti DS L.-7A- Eta was dui recorded In book -'et • t.P g AQ of Hennepi /I 3 377 \Y!t.4,t) REGISTERfr•F D age DEPUTY REGISTER OF DEEDS -/ iliED—NOTR °14121Z Al,',„17:ErAf P TRANSFER MIRED JAK 0 7 20112 HENNERN OGUIffY MINN. 7621692 , 4_44_616 0°17>1 REC FEE -- 6046 COPY FEE OFFICE Of COOT i Ar.M;DER MENuEpiN coutITY, 11.:INEsor CSC FILED :.;13 OR M.COROEP ZON JAN -8 P412 G8 716Z1-fin Ilyax& 7g•zhi• c • af VERITY QUIT CLAIM DEED 3-53- 3.? SITE #1410 STATE DEED TAX DUE HEREON: $ firth spr KA5 # 7CP142 1 /7/200z 1"' Paid $4.10 Date: December 21 , 2001 FOR VALUABLE CONSIDERATION, U.S. Bank National Association, a national banking association„ successor by merger to the interests of First Edina National Bank, N.A., Grantor, hereby conveys and quitcledins to First Building Corporation, a Minnesota. corporation, Grantee, real property in Hennepin County, Minnesota, described as follows; The Land referred to is situated in the State of Minnesota, County of -Hennepin, and is described as follows: ri7a-se-y:RiG T:),O• Lot 2, Block 1, Replat of Lot 6, Block 1, Lund Kruse Addition, Hennepin County, Minnesota; And . r 4,;0 r teK. It‘i& / Lots 5, 7, 8 and 9, Block I, Lund Kruse Addition, Hennepin County, Minnesota; And All of the property shown and designated as Library Lane on the plat of Lund Kruse Addition, according to the recorded plat thereof, (now vacated), Hennepin County, Minnesota; together with all hereditaments and appurtenances belonging thereto and all its interest, if any, in the property as Lessor under the Ground Lease dated as of December 20, 1984, between First Edina National Bank, N.A., and The Connecticut Bank and Trust Company, N.A., not in its individual capacity, but solely as trustee under a Trust Agreement dated as of December 20, 1984, between it and Textron Financial Corporation as Beneficiary, as Lessee, as evidenced by a Memorandum of Ground Lease, dated as of December 20, 1984, filed December 27, 1984 as Document No. 4954234. TOTAL CONSIDERATION FOR THIS CONVEYANCE IS LESS THAN 5500.00, THE SELLER CERTIFIES THAT THE SELLER DOES NOT KNOW OF ANY WELLS ON THE DESCRIBM REAL PROPERTY. AFFIX DEED TAX STAMP HERE: [SIGNATURE PAGE ATTACHED] FEE DEED t#14101 Page 2 of 3 Notary Public (SIGNATURE PAGE FOR SITE # 1410( GRANTOR: .64›-soe-071061 Bank v.," uceessor by merger to the interests y- "dins National Rank, N.A. its ACKNOWLEDGMENT, STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this i5 4- day of ecomber , 2001, by MA-c GA-0,a , Vi eg-isf; , of U.S. Banlec If of the national banking association. LEE W TWITE NOTARY PUBLIC MINNESOTA HENNEPIN COUNTY My Corninissinn Expires 1/31/2005 (Notarial Seal) THIS INSTRUMENT WAS DRAFTED BY (NAME AND ADDRESS) Jeffrey D. Carpenter, Esq. Rider Bennett Egan & Arundel 333 South Seventh Streets Suite 2000 Minneapolis, MN 55402 0100403.4502084 WUJMDMS/1 2125.3 FEE DEED j#14101 Page 3 of 3 Tax Statements for the real property described in this instrument should be sent to (Include name and address of Grantee): First Building Corporation doll& Bank, N.A. 2800 East Lake Street Minneapolis, MN 55406