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HomeMy WebLinkAbout0204Warranty Deed. Form No. 7 -M. Miller -Davis Co., Minneapolis. Minn. Corporation to Individual. Minnesota Uniform Conveyancing Blaulu (1931). � jib r��euture, .Made this .......................... ............................day of............J AtMOXY ............................. 1966......, between VILT A S Cr EDM municipal alcorporatwn under the laws of the State of. ......... .Minnesota .................. ........................., party of the first part, and JtiW OTTEM ofthe County of ........... Hennepin ....................... ............................and State of.............. a eta.................... .............................., part.. ...... y ...... of the second part, WitntOlCtb, That the said party of the first part, in consideration of the sum of • One- DolUr ... (.$1..DQ }... UA ... other ..goad..apd..valuab2Ae , c,car►sidsr &tion -.. to it in hand paid by the said part .... y ....... ...of the second part, the receipt whereof is hereby acknowledged, does hereby Grant, Bargain, Sell, and Convey unto the said part ....... y ....... of the second part, ......big ....:......... heirs and assigns, Forever, all the tract ............ or parcel ............ o of land lying and being in the County of ........................... $411111049fp . .......................... and State of Minnesota, described as follows, to -wit: All of Lot 7, Block. 1, and those parts of Lots 5 and 6. Block. 1, lying Borth and East of the northerly line of Downing Streets as described in that certain instrument on file and of record as Document loo. 3164311 in the Office of the Register of Deeds in and for Hennepin County, Minnesota,, all in "E MOORO 1 11 11311 Cowm$, MMUOTA#"according to the map or plat thereof on file and of record in the office of the Register of Deeds -.in and for Hennepin County, Minnesota. Excepting, homwer, and reserving unto the Village of Edina, all those parts of said Lots 5, 6 and 7 that my Ile within the limits of said Dawning Street as described in said Document No. 3164311, and that may lie within the limits of the vacated Downing Street as shorn on said plat of "EDmOOii, mmwn coi3ETY, I SOTA," it being the intention of the Village of ffii to retain and reserve to itself the fee simple Ownership of all property within the 1U of the Downing Street as described in said document and of the va caued Dowsing Street as shown on said plat. Subject to restrictions, reservations and easements of records if argr. Subject to building and zoning laws, ordinances, State and Federal regulations. Subject to, and reserving to party of the first part, its successors and assigns, an easement over, upon and along the Easterly 5 feet of said Trot 7 foroonstructiong maintenance and repair of a drainage ditch or facilities for surface rater. Subject'to W and all liens and encumbrances placed or suffered to be placed by parties other than party of the first part from and after the Lath day of J , 9specia: 5. Subject to real estate taxes due and payable in 1»,5 and subsequent year aim DLO et�¢rA�ii[¢, sTo,e er with aZl- &8'hei�eaGi�d`"Me ant appuriernai"cesl uiitd 190 belonging, or in anywise appertaining, to the said part ........ y ....... of the second part, .... ..................Me......heirs and assigns, Forever. .d nd the said.......... V�&- 42P•...EDI iA ........................................................................................... ............................... ............................................................................................................................................................................................................................ ............................... party of the rst p art , f or itself and its successors , does covenant with the said p art ...y ............ o f the second part. ................ his..... heirs and assigns, that it is well seized in fee of the lands and premises aforesaid, and has good right to sell and convey the same in manner and form aforesaid, and that the same are free fromall incumbrances ... . mmcaopt..".. 8boWb.-A Ot .. .............................................................................................. ............................... This instrument is exempt from state deed tax. ✓ind the above bargained and granted Lands and premises, in the quiet and peaceable possession of the said part ......y ......... of the second part ,...... bis ........ heirs and assigns, against all persons lawfully claiming or to claim the whole or any part thereof, subject to ineumbranees, if any, hereinbefore mentioned, the said party of the first part will Warrant and Defend. 3n Votil enr Ebereof, The said first party has caused these, presents to be executed in its corporate name by its....... 11hym ............. xibutidaMt 0 and its ............Clerk ............................and its corporate seal to be hereunto a f jlxed the day and year first above written. ........V1LLAOg..M.. jRA ...................... ............................ �� t��'K ✓�C 1, _ �: r In Presence o Box. L ..... i,,y, t.......... .... % ..................�....... '' `' Its. 1 (, ' Its .. ....... Clerk ......... ............................... Ninnents Form No. VIL Doc. No........ '"� . ............. WARRANTY DEED Corporation to Individual TO.............. ............................... Office of Register of Deeds, Otate of mimteata, Countyof ..................................... ............................... I hereby certify that the within Deed was filed in this of ee for record on the ........................day of ...................................................... 1 19............, at .....................o' clock........................ M., and was duly recorded in Book .................... of Deeds, pa ffe ........................ ................................................................. ............................... Begister of Deeds. By.............. ............................... ........................Deputy. Taxes for the year 19 ......... onthe lands described within, -paid this .. ............................... dayof .............................. ............................... 19......... ................................................................. ............................... County Treasurer. By.............. ............................... ........................Deputy. Taxes paid and Transfer entered this .....................day of.......................... ............................... 19............ ..................... ............................... County duditor. By.............. ............................... ........................Deputy. zS `0.4p, N ` v Q Vthz o ko SAN �• � � �• 4 Q. IS P O ir, �.c !ZO � N_ 998 PrGE315 204 3526847 847 R E S O L U T I O N A resolution vacating an enlargement of Downing Street over part of Lot 7, Block 1, and Lot 1, Block 2, of "EIEAMOOR.HE,NNEPIN COUNTY, MINNESOTA." BE IT RESOLVED by the Village Council of the Village of Edina, Hennepin County, Minnesota, that the following enlargement of Downing Street be and hereby is vacated: That part extended over the South 10 feet of Lot 7, Block 1, and over the North 10 feet of Lot 1, Block 2, *VXENM00R, HENNEPIN COUNTY, NnMSOTA," according to the recorded plat thereof, which was created by that certain Deed dated October 30, 1941, and filed January 3, 1942, as Document No. 2127461 in the office of the Register of Deeds in and for Hennepin County, Minnesota. Adopted this day of February-,, 1965. ATTEST: VIIZAGE CLERK Wit PRO TEM STATE OF MINNESOTA COUNTY OF MMMIN) ss. VILLAGE OF EDINA CERTIFICATE OF VILLAGE CLERK I, the undersigned, duly appointed and acting Village Clerk for the Village of Edina, County of Hennepin, Minnesota, do hereby certify that I have compared the attached and foregoing Resolution and that the same is a true and correct copy of a Resolution duly adopted by the Edina Village Council at its Regular Meeting held Monday , February 1 11965, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said Village this 1$t day of February , 1965• Village Clerk, Edina, Minnesota 5 day of Feb AD 1965 at 10:20 o'clock A" *U , ., r x.04 3526847 f ' FE09 6- 0- �; '1 .60ro A , i OFFICE OF REM T STATE OF MINM."f), � COUNT" 1 11 c c ° the within inst6m ent in 1h,!t an thti � • i B _� FEB 4. D. na o; 0 C/00h 9, turd was duly reec qc:. t REGI ER OF OLtuJj REGISTER f�c DEa hS .t 7 JAMES E. DORSEY JOSEPH H. COLMAN DORSEY, COLMAN, SCOTT BARBER DAVID E.BRONSON BARKER, $ KENNETH M .OWE N LELAND W. SCOTT ATTORNEYS AT LAW L E A V I T T R. BARKER HUGH H. BARBER DONALD WEST Tuiy, 6' 1955 WALDO F. MA Rq UA RT V .L 7 JOHN W, WINDHORST FIRST NATIONAL-SOO LINE BUILDING HENRY HALLADAY MINNEAPOLIS 2- JULE M. HANNAFORD ,MINNESOTA ARTHUR B.WHITNEY TELEPHONE MAIN 3351 JOHN G. DORSEY RUSSELL W. LINDQUIST DAVID R. B R I N K HORACE E. HITCH V I R G I L H. H I L L ROBERT V. TARBOX DEFOREST SPENCER ROBERT J.JOHNSON MAYNARD B.HASSELOUIST PETER DORSEY GEORGE P. FLANNERY CURT IS L. ROY ARTHUR E.WEISSERG GREGG S.ORWOLL Village of Edina 4801 W. 50th Street Minneapolis, 10, Minnesota Attn: Gretchen Alden Re; Acquisition of McGuire Props try ri Gentlemens Enclosed are two claim forms signed by Jessie T. McGuire acknowledging receipt of checks in the amount of $81000.00 and $40.00 A°m as payment in full of the property which the Village of Edina purchased from her. As soon as we receive the application for tax abatement back from you on this matter, we shall proceed to record the deed. DEJsjas encls. Verytruly yours, DORSEY, COLMAN, BARKER, SCOTT & BARBER By Duane E. Joseph JAMES E. DORSEY JOSEPH H.COLMAN DAVID E. SRONSON DORSEY, COLMAN, BARKER, SCOTT & BARBER KENNETH M.OWEN LELAND W. SCOTT ATTORNEYS AT LAW LEAVITT R. BARKER HUGH H. B A R B E R DONALD WEST WALDO F. MARQUART JOHN W, WINDHORST FIRST NATIONAL -SOO LINE BUILDING HENRY HALLADAY MINNEAPOLIS 2, MINNESOTA JULE M. HANNAFORD ARTHUR B. WHITNEY TELEPHONE MAIN 3351 JOHN G. DORSEY RUSSELL W. LINDQUIST DAVID R. B R I N K HORACE E. HITCH VIRGIL H. HILL ROBER ROBERT V. TARBOX Q,,s August 2, 1955 DEFOREST SPENCER . ROBERT J•JOHNSON MAYNARD B.HASSELQUIST PETER DORSEY GEORGE P. FLANNERY CURTIS L.ROY ARTHUR E.WEISBERG GREGG S.ORWOLL Mrs. Gretchen Alden Village of Edina 4801 West 50th Street Minneapolis 10, Minnesota Re: Acquisition of Lots 4. 5, 6 and 7, Block 1, Lots 1, 2, 3, and 4, Block 2 "Edenmoor, Hennepin County, nn es tan Dear Mrs. Alden: Enclosed isa tract of Title covering the above described property, together with tax statements showing payment of the special assessments levied against „this property, The Deed from Jessie T, McGuire to the Vilinge has been filed and as soon as it is returned from the Register of Deedts office, we shall forward it to you. Very truly yours, DORSEY, COLMMAN, BARKER, SCOTT & BARBER BY Z. 9 DEJ:vt Duane E. Joseph Enc. (Domestic U.S. Postal Service CERTIFIED MAIL RECEIPT Only; co r=1 m N M Postage $ Z N � Certified. Fee /. Postmark C M Return Receipt Fee Here (Endorsement Required) / LU C C3 Restricted Delivery Fee 2 C3 (Endorsement Required) �^ (� % � � � C3 Total Postage & Fees ') X J U U) V ru 0 Lr1 RBClplent S Name (Please Print Clearly) (To be completed by mailer) 0 ° KATHY HOLMES HOLMES & ASSOCIATES 0 Street, Apt. No.; or PO Box No. o TWO CARLSON PARKWAY #115 o C3 City, State. ZIP+ ------------------- - ----------------------- -------- q0 M I NNEAPO L I S MN .5 5437 PS Form 3800, February 0 See Reverse for Instructions 'JNITED STATES POSTAL SERIICE <- '� _ First- Class Mail Posta USPS ge &Fees Pair 1 11 11 1 I Permit No. G -1 i • Sender: Please print yopr,Aame, address, and ZIP +4 in this box • CITY OF EDINA C/O GORDON HUGHES 41301 WEST 50th STREET EDINA MN 55424 ,i r 3X 1 ft;L� itma Sib e i late 40" eir -1s0a ati't final ar r boft "M $!� ;,,• ft air ` 60. � � " r IFIR t t Z-1 *sa s �KC X' V „xl 1 ST a r Y i : sT z� J ' �;�• �rw �� a •G �y,.� �t� ��.� + k �. � �T 5 i JAMES E, DORSEY JOSEPH H.COLMAN DAVID E. BRONSON KENNETH M.OWEN LELAND W. SCOTT LEAVITT R. BARKER HUGH H. BARBER CHARLES F. NOONAN DONALD WEST WALDO F. MAROUART JOHN W. WINDHOR$T HENRY HALLADAY JULE M, HANNAFORD ARTHUR B. WHITNEY JOHN G, DORSEY RUSSELL W. LINDQUIST DAVID R. B R I N K HORACE E.HIT CH VIR GIL H, HILL ROBERT V, TARBOX DEFOREST SPENCER ROBERT J.JOHNSON PETER DORSEY GEORGE P. FLANNERY CURTIS L.ROY ARTHUR E.WEISBERG DORSEY, COLMAN, BARKER, SCOTT 8, BARBER Village of Edina Edina Village Hall 48ol West Fiftieth Street Minneapolis, Minnesota ATTORNEYS AT LAW October 1, 195+ FIRST NATIONAL -SOO LINE BUILDING MINNEAPOLIS 2, MINNESOTA TELEPHONE MAIN 3351 Attention - Mrs. Gretchen S. Alden Re: McGuire Real Estate Purchase Dear Mrs. Alden: Enclosed herewith please find the original contract for deed on the above real estate transaction, which has been completely executed except as to your acknowledgment of the signatures of Dr. Erickson and Mr. Bank. Would you please sign and seal this acknowledgment and return the contract to this office, so that we may have it recorded? We further enclose Mrs. McGuire's check for $15.10, payable to the Village, representing reimbursement to the Village for the costs of up- dating the abstracts of title. Very truly yours, DORSEXjCOI iAN BARM,SCOTT & EARBER BY DFS :bg Enclosures GUSTAFSON AND GUSTAFSON ATTORNEYS AT LAW -;� 5000 NORMANDALE ROAD MINNEAPOLIS, MINNESOTA 80424 TELEPHONE: 929.4601 DA ■ _1 FOR PROFESSIONAL SERVICES: Received of the Village of Edina on January 20, 1966, Abstract of Title to Lots 4, 59 61 7, Block 1, and Lots 1, 29 30 4, Block 2, "Edemoor, Hennepin County, Minnesota." Nos. 64 to 73 inclusive. Fee owner - Francis E. McGuire. GUSTAFSON AND GUSTAFSON By Deanna D. Green JAMES [. DORSEY (1889 -1959) DAVID E.BRONSON EDWARD J. SCHWARTZBAUER KENNETH M.OWEN THOMAS M. BROWN DONALD WEST CORNELIUS D. MAHONEY WALDO F. MAROUART THOMAS&ERICKSON JOHN W.WINDHORST "" MICHAEL E. BRESS HENRY HALLADAY PAUL G. ZERBY JULE M. HIA{NAFORD RAYMOND A. REISTER ARTHUR B.WHITNEY JOHN J. TAYLOR JOHN G.DORSEY BERNARD G. HEINZEN RUSSELL W LINDOUIST WILLIAM J. HEMPEL DAVID R. BRINK JOHN S. HIBBS HORACE E.HITCH ROBERT O. FLOTTEN VIRGIL H. HILL MORTON L. SHAPIRO ROBERT V. TARBOX JAMES F. MEEKER D[FOREST SPENCER JOHN D. LEVINE ROBERT J. JOHNSON ROBERT J. STRUYK MAYNARD B.HASSELOUIST MICHAEL A. OLSON PETER DORSEY LARRY W. JOHNSON GEORGE P. FLANNERY ROBERT A.JENSEN CURTIS L. ROY THOMAS $.HAY ARTHUR E.WEISBERG CURTIS D. FORSLUND DUANE E.JOSEPH G. LARRY GRIFFITH FREDERICK E. LANGE CRAIG A. BECK JOHN W. JONES DAVID L. McCUSKEY JAMES B.VESSEY THOMAS 0. MOE WILLIAM A.WHITLO CK JAMES H. OHAGAN CHARLES O.HOWARD JOHN M. MASON DORSEY, OWEN, MARQUART, WINDHORST & WEST LAW OFFICES OF COUNSEL LEAVITT R. BARKER LELAND W. SCOTT 2400 FIRST NATIONAL BANK BUILDING HUGH KBARBER MINNEAPOLIS,MINN.85408 TELEPHONE 3 3 2 — 3 3 5 1 CABLE ADDRESS: AREA CODE 612 DOROW Mr. Jerry Dalen Village of Edina 4801 West 50th Street Edina, Minnesota Dear Jerry: January 10, 1966 I enclose herewith a copy of my letter to Walter C. Gustafson forwarding to him a copy of the proposed warranty deed to Mr. Otterlei for his approval. Once we have received his approval, we will advise you and you can then have the same executed and ccmmunicate with Mr. Otterlei to have him come in and receive delivery of the deed and of the abstract in exchange for the purchase price. If possible you might also be able to have sanething for him to evidence payment in full of the special assess- ments which were levied prior to November 30, 1964. I may be out of the city when Mr. Gustafson calls to give us his consent to the form of the deed and, therefore, I am asking him to communicate with Mr. Griffith. I will ask Mr. Griffith to call you after he has heard from Mr. Gustafson. If you have any questions, please advise. Very truly yours, 4cmas S. Erickson TSE:ca Enclosures PS: After dictating the above, I have received your computation of the balance due from Johan Otterlei. It appears that the: balance due has been properly computated although I have not completely checked all of your figures. I presume that the balance now due of $7,144.62 is determined on the basis that interest has been paid through January 15, 1966. - i VIP- 0 od3x INITIALS RATE PREPARED BY APPROVED BY ,t k i )I j. i 4 i � t 3 � 5 S S� t 741- 7 s i 4 00 C,09 ; r��zf (j ! F E / - i VIP- 0 od3x INITIALS RATE PREPARED BY APPROVED BY ,t k i )I j. i 4 i � t 3 � 5 S S� t 741- 7 1 . S i 4 s ; E 1 . 4 s ; E to be the person described in and who executed the foregoing instrument and acknowledged that he executed the same as his free act and deed. Rotary Public, Hennepin County, Minn. Any commission expires , -19 OEANNA D. GREEN, Notary Public, Hennepin County, Mint. My Commission Expires Aug. 21, 1969,, Ir� In Presence of i v. i ss. COUNTY OF $ENNEPIN VI C And Its Clerk u _ Johan Otterlei On this ( day of January, 1965, before me, a Notary Public . within and for said County, personally appeared Arthur C. Bredesen, Jr. and Florence B. Hallberg to me personally known, who, being each by me duly sworn did say that they are respectively the Mayor and the Clerk of the VILIAGE OF EDINA named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said municipal corpora- tion and that said instrument was signed and sealed in behalf of said municipal corporation by authority of its Village Council and said Arthur C. Bredesen, Jr. and Florence B. Hallberg acknowledged said instrument to be the free act and deed of said municipal corporation. Rota4 Public, Hennepin County, Minn. My commission a c• N. DALEIV �$ubiic, Hennepin COuA9, Minnti My Commission Expires uiy 24, -"70., STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of January, 1965, before me, a Notary Public within and for said County, personally appeared JOHAN OTTEPJZI to me known it +S PARTIAL RELEASE AND AMENDMENT TO CONTRACT FOR DEED THIS RELEASE AND AWDIENT TO CON MACT FOR DEED, made and entered into this 4 day of October, 1965, by and bettmen Village of Edina, a Amicipal Corporation under the laws of the State of Minnesota, party of the first part, and Johan Otterlei, party of the second part: WITNESSM, that the parties hereto on the 14th day of January, 1965 entered into an agreement pertaining to real estate described therein and the party of the first part, in consideration of the covenants and agreements of the party of the second part, hereinafter contained, hereby releases the party of the second part from that portion of the Contract for Deed agreement set out in the last sentence on page two of the said Contract for Deed agreement, namely: "Provided, however, the foregoing to the contrary notwithstanding party of the second part agrees to pay in full the unpaid balance of principal, plus all accrued interest, immediately prior to the comencement of any work or improvemmtents upon aforesaid real property." and in lieu of said provision shall be substituted the following: "Party of the second part shall be allowed to continence improvements upon the aforesaid real property pursuant to plans submitted by the party of the second part to the party of the first part which plans shall be approved in writing prior to the commencement of any work or improvement by the party of the second part. That the party of the second part in further consideration of the premises herein, guarantees payment for any materials used or services rendered pertaining to the said improvement an4 further, the party of the second part agrees to make timely application for a mortgage loan covering the said improvement with proceeds of the mortgage going first to pay to the party of the first part the contract balance, then remaining, together with accrued interest." Finally, it is further agreed by the parties hereto that nothing in this release and amendment shall constitute a waiver of any other provisions of the said contract for deed agreement but that the parties hereto specifically agree to be bound by all other provisions of said agreement. IN TESTDIONY WHEREOF, the said party of the first part ^,has caused i y these presents to be executed in its corporate name by its Mayor and Clerk and its corporate seal to be hereunto affixed, and said party of the second part has hereunto set his hand the day and year first above written. m 0011""A le STATE OF MINNESOTA) ) ss. COUNTY' OF kPIN) on this 41day of October, 1965, before me, a Notary Public, within and for said County, personally appeared Arthim B=ej^caz! �Jr. a d Florence B. Hallberg to aye personally known, who, being each.. y` sworn did say that they are respectively the Mayor and the Clor .O ti llage of j ,& Edina named in the foregoing instrument, and that the seal` Sit* $e instnment is the corporate seal of said municipal corporation and i0ft, said: insquont was signed and sealed in behalf of said municipal corporatiok by authority of its Village Council and said Ma=r Md. 'ask, acknowledged said instrument to be the free act and deed of said municipal corporation, STATE OF MINNESOTA) ) ss. COUN'T'Y OF HHOW 2VQ ?QZ ....,' :,., I enne"in CCoU r i�1TA3. My commission E %pires Apzi! 7, 1966- On this ��ay of October, 1965, before me, a Notary Public, within and for said County, personally appeared Johan Otterlei to me known to be the person described in and who executed the foregoing instrument and acknowledged that he executed the same as his free act and deed, WALT',fM C. C 2:nl7SAN i;otca� .,enncpin Cnunty, '\ip corilalission E:,p: re's F.pt; 7, -2- by written notice declare this contract canceled and terminated, and all rights, title and interest acquiredthereunder by said second party shall thereupon cease and terminate, and all improvements made upon the premises, and all payments made hereunder shall belong to said party of the first part as liquidated damages for breach of this contract by said second party, said notice to be in accordance with the statute in such case made and provided. Neither the extension of the tinge of payment of any sum or sums of money to be paid hereunder, nor any waiver by the party of the first part of its rights to declare this contract forfeited by reason of any breach thereof, shall in any manner affect the right of said party to cancel this contract because of defaults subsequently maturing, and no extension of time shall be valid unless evidenced by duly signed instrument. Further, after service of notice and failure to remove, within the period allowed by law, the defaulttherein specified, said party of the second part hereby specifically agrees, upon demand of said party of the first part, quietly and peaceably to surrender to it possession of said presses, and every part thereof, it being understood that until such default, said party of the second part to have possession of said premises. IT IS MUTUALLY AGREED, By and between the parties hereto, that the time of payment shall be an essential part of -this contract; and that all the covenants and agreements herein contained shall run with the land and bind the heirs, executors, administrators, successors and assigns of the respective parties hereto. IN TESTIMONY WILMOF, The said first party has caused these presents to be executed in its corporate name by its Mayor and Clerk and its corporate seal to be hereunto affixed, and said party of the second part has hereunto set his hand the day and year first above written. Said party of the second part further covenants and agrees as follows: to pay before penalty attaches thereto, all taxes due and payable in the year 1965, and in subsequent years, and all special assessments levied against said property from and after November 30, 1964, also that any buildings and improvements now on said land, or which shall hereafter be erected, placed, or made thereon, shall not be removed therefrom, but shall be and remain the property of the party of the first part until this contract shall be fully performed by the party of the second part; and at his own expense, to keep the buildings on said premises at all times insured in some reliable insurance company or companies, to be approved by the party of the first part, against loss by fire, windstorm and other extended coverage perils for at least a sum equal to the unpaid principal balance hereof, payable to said party of the first part, its successors or assigns, and, in case of loss, should there be any surplus over and above the amount then owing said party of the first part, its successors, or assigns, the balance shall be paid over to the said party of the second part as his interest shall appear; and to deposit with the party of the first part policies of said insurance. But should the second party fail to pay any item to be paid by said party under the terms hereof, same may be paid by first party and shall be forthwith payable, with interest thereon, as an additional amount due first party under this contract. But should default be made in the payment of principal or interest due hereunder, or of any part thereof, to be by second party paid, or should he fail or refuse to pay the taxes or assessments upon said land, premiums upon said insurance, or to perform any or either of the covenants, agreements, terms or conditions herein contained, to be by said second party kept or performed, the said party of the first part may, at its option, -3- Subject to building and zoning laws, ordinances, State and Federal regulations. Subject to, and reserving to party of the first part, its successors and assigns, an easement over, upon and along the Easterly 5 feet of said Lot 7 for construction, maintenance and repair of a drainage ditch or facilities for surfacer water. Subject to any and all liens and encumbrances placed or suffered to be placed by parties other than party of the first part from and after the date hereof. And said party of the second part, in consideration of the premises, hereby agrees to pay said party of the first part, at the Village of Edina offices, 4801 West 50th Street, Edina, Minnesota, as and for the purchase price of said premises, the sun of Eight Thousand, Eight Hundred Fifty and N01100 ($8,856,00) Dollars, in the manner and at the times following, to- wit: Eight Hundred Eighty -five ($885) Dollars, herein paid, the receipt of which is hereby acknowledged by the party of the first part; Seven Thousand, Nine Hundred Sixty -five ($7,965) Dollars with interest from and including the date hereof at the rate of five (5%) per cent per annum, on the unpaid balance from time to time dine and owing, to be paid in equal monthly installments of One Hundred ($100) Dollars, commencing on the first day of February, 1965, and due and payable on the first day of each and every month thereafter, until the Contract herein, with interest, is paid in full. All payments shall be applied first to the interest then due, and then to the principal. Party of the second part reserves the right to prepay this Contract for Deed in whole or in part at any time and from time to time without penalty of premium. Provided, however, the foregoing to the contrary notwithstanding, party of the second part agrees to pay in full the unpaid balance of principal,' plus all accrued interest, immediately prior to the commencement of any work or improvements upon the aforesaid real property. -2- a o �/ CONTRACT FOR DEED THIS AGREEMENT, bade and entered into this 11th day of January, 1965, by and between VILLA= OF EDINA.. a municipal corporation under the laws of the State of Minnesota, party of the first part, and JOHAN OTTERLEI, party of the second part; WITNESSETH, That the said party of the first part, in considera- tion of the covenants and agreements of said party of the second part, hereinafter contained, hereby sells and agrees to convey unto said party of the second part, his heirs, successors and assigns, by a Warranty Deed, accompanied by an abstract evidencing good title in party of the first part at the date hereof, upon the prompt and :Vull performance by said party of the second part, of his part of this agreement, the tract of land lying and being in the County of Hennepin and State of Minnesota, described as follows, to -wit: All of Lot 7, Block 1, and those parts of Lots 5 and 6. Block 1, lying North and East of the Northerly line of Downing Street, as described in that certain instrument on file and of record as Document No. 3164311 in the of- fice of the Register of Deeds in and for Hennepin County,. Minnesota, all in 'SEENMOOR, 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 Hennepin County, Minnesota. Excepting, however, and reserving unto the Village of Edina, all those parts of said Lots 5, 6 and 7 that may lie within the limits of said Downing Street as described in said Document No. 3164311, and that may lie within the limits of the vacated Downing Street as shown on said plat of "EDE UDOR, HENNEPIN COUNTY, MINNESOTA," it being the intention of the Village of Edina to retain and reserve to itself the fee simple ownership of all property within the limits of the Downing Street as described in said document and of the vacated Downing Street as shown on said plat. Subject to restrictions, reservations and easements of record, if any. 71 Mr. Johan Otterlei 5145 Eden Avenue Edina, Minnesota RE: Part of Lots 5, 6 & 7, Block 1 "EdernnoojA Hennepin County Dear Mr. Otterlei: 4 Village of Edina 4801 WEST FIFTIETH STREET . EDINA 24, MINNESOTA January 25, 1966 WALNUT 7 -8861 On January 14, 1965 you entered into a Contract for Deed Agreement with the Village of Edina under which terms you were to purchase those parts of the above mentioned lots as more definitely described in the said contract. According to the terms of that contract, the Village of Edina agreed to pay all special assessments on the said property and on behalf of the Village of Edina, I hereby acknwledge that all such specials have been paid by the Village of Edina and there is no existing tax liability against the said property. We acknowledge your check in the aunt of $7,132.12 and enclose herewith a Deed executed by Mayor Bredesen and Mrs. Hallberg on behalf of the said Village. Very truly yours, JARL N. IAN JND :dg Enclosure P a Y$'' t • Q;' .a»'$ Y first part, m jbhm Otterjej, partt y together with accrued interest." in this release and #:I' }'bi W iY C, of al: other i f d '# I. the �N contract b.. € �:c < « ;sl but that the :: �, hereto 9 P.6 t F A �. - set his Band the day =4 Year fir$t abow written. is the c"Porsts seal of said =Uic#4 corporation ;n d that Said imtrumt sigm,d wa sealed behalf of saM s colWration by a of t.; Vin, ap Comcil mid -» x .#. a s:.r'•a w said insimma to be the ftm =t and a N of sold * VOTPOrAtiftm qk larm *ln sM for said Cowty j peTsmally Vpea"d Jdm Ottarlei to we km3m to be the a! f M Mr 26# 1955 v r• Dome 00 .%eapb 3 t & Barber F eepe��s� �MGrt D"r Mr„ JOSGVM We- an enolos ng hevemAth our Cheek Nos, 1713 at Jay 1 0$50 aimat $ %IMO in pa's. of 3 Jls�# r for �► 4i and 7e - Mlodc I* =A %at* to gMd � Te � � • �ti at a.7i* Cheat is mWe iMwablm to Rwanda Ortakr WU 7m plome a sse thA thSm oheck is tmodtted to the borer, La order that the deed for the I sb m' be tll*V Theagk TXLUM or DINA