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HomeMy WebLinkAbout0206r. M E M-0 R A N D U M TO: FROM: n2ok4 IAM& — IU /iU -9_ SUBJECT: DATE: ,v „_ , , t-► VERNE W. MOSS J. •RAINERD CLARKSON PATRICK F. FLAHERTY FREMONT C. FLETCHER JAMES VAN VALKENOURG PAUL VAN VALKENSURO MICHAEL L. FLANAOAN WAYNE A. HER30TT JAMES E. VSRIEN RICHARD S. ZIEGLER JOHN F. STONE EDWARD L. WINER DAVID 9. MORSE CHARLES A. PARSONS.JR. MARK P. KOVALCMUK LAW OFFICES MOSS, FLAHERTY, CLARKSON S1 FLETCHER A PROFESSIONAL ASSOCIATION 2350 IDS CENTER 80 SOUTH EIGHTH STREET MINNEAPOLIS. MINNESOTA $5402 (612) 339 -8551 January 28, 1980. Mr. Douglas Cadwallader First National Bank. 120 South Sixth Street Minneapolis, Minnesota 55402 Dear Doug: I am enclosing herein an abstract that belongs to the City of Edina for Lot 1, Block 1, Steven's First Addition to Minneapolis, except the east 5 feet and except the west 24.62 feet thereof, containing 71 entries and certified to August 21, 1969. If you can use this to help in reproducing an abstract you are certainly welcome to do so. PETER L. McCARTNY J. MICHAEL HIRSCH MARGO S. STRUTHERS ANN K. NEWHALL MICHAEL J. ANERN MAHER J. WEINSTEIN *FCOUNSEI HORACE VAN VANENSURG RALPH H. COMAFORD DAVID W. LEWIS HOMER A.CHILDS L.GLENN FASSETT 11630 -19761 ANDOTT L. FLETCHER (1910-10741 e e I signed the receipt for it from the City and thus would appreciate it if you would return the same tome when you are through with it. I am also enclosing a better photo of the plat to show the lot and its dimensions. rA JVV: jd Encl. s Van Valkenburg 0 ,. ..,. f \rr �� V V Mortgage Deed. Miller -Davis Co., Minneapolis, Minn. i Corporation to Individual or Corporation. Form No. 43 -M Minnesota U n Conveyancing Blanks (1931). 34523851_ T� T PAGE335 Xbtg3nbentUre9 d11-ade this ............I.�.�ll.. _. .......... day of ..... De. =. her .......... ............................... 19.63....., between........? F EN ... S.CH00L- DZ,STRICT..N.QA ... 274.. t C `" - itIDTEPIM ............................. ............................... school district organized z rJ1J Ua04rX under the laws of the State of ..............Ki sQta,,,... mortgagor, and....... VILLAGE OF EDINA, A municipal corporation organized under the laws of the State of Minnesota, of the County of ...... ... Hennepin ........ ..............................I and State of ........... Minne$ Qt A ............................... mortgagee......, Wittiel;gettj, That the said inortgador, in consideration of the sum of ... Ttaeaty- eix ... Thoua. &Ad Five-Hundred ... and -No /10.0... to it in hand paid by the said mortgagee..... , the receipt whereof is hereby acknowledged, does hereby Grant, Bargain, Sell, and Convey unto the said mortgagee......, ........ its ... suc .eessors ..................and assigns, Forever, all the tract...... or pa.rcel...... of land lying and being in the County of ......... Hennepin .............................. and State of Utnnesota, described as follows, to -wit: That part of Government Lot 8, Section 28, Township 117, Range 21, described as beginning at a point on the North line of said Govern- ment Lot 8 distant 280 feet East, measured along said North line, from the Northwest corner thereof; thence East along said North line to the intersection with the Southerly extension of the centerline of Brookside Avenue, as shown on the plat of "Grand View Heights" on file and of record in the office of the Register of Deeds in and for Hennepin County, Minnesota; thence South along the Southerly extension of the centerline of said Brookside Avenue to the centerline of Eden Avenue (also known as Eden Prairie Road); thence Southwesterly along said centerline to its intersection with a line drawn South parallel with the West line of said Government Lot 8 from the point of beginning; thence North along said parallel line to the point of beginning, according to the United States Government Survey thereof, Hennepin County, Minnesota. Subject to restrictions, reservations and easements of record, if any. and public roa4s. To Jbabe anb to lboCb the *ame, Together with the hereditaments and appurtenances thereto belong- ing, to the said mortgagee........, ....... its successors and assigns, forever. And the said mortgagor for itself, its ..... ............ successors and assigns does covenant with the said mortgagee ............... it *.. ..........and assigns, as follows: That it is lawfully seized of said premises and has good right to sell and convey the same; that the same are free from all incumbrances, .- ..except ... aa..aboy.e.. rioted. .................................. .................................................................................................... ... -- -- --- --- -- --- - ---- -------------------------------------------------------- --.............................................................................................................................................................. that the mortgagee........, ... its. ... UC.c esaQrs ...............and assigns, shall quietly enjoy and possess the same; and that the mortgagor will Warrant and Defend the title to the same against all lawful claims not hereinbefore expressly excepted. Probibeb, gebertijeft .01, That if the said mortgagor, its successors or assigns, shall pay to the said mort- gagee........, ..... its ..SU.C.CeSaCirS ...... or assigns, the sum of. .... Nent4!- six...Thousai). d. .Kv_e--- Hundred ..lwa........... - -No. /1W --- (�P�� QO.. - ---.-•---- •-------- .--- .- r..- r.-- - -• - -= =• r.r.--------------------- - - - - -- Dollars, according to the terms of ...one ........... ......................principal promissory note........ of even date herewith due and payable, on July 15, 1964, without interest, ------------------------------------------------------------------------------------------------------------------ - - - - -- ----------------------------------------------------------------------------------------------------•-------------•-- executed by the said mortgagor, and payable to the order of said mortgagee........ at ..... 14:aQi.. we. 6t...5Qth..o:trevtr......... Edina- 2�±. Minnesota . •••----•---•---•-----•---••-•----•-------••............•-•---•--- •- • .. ................. •-- •• -• -- •--........------•----•-••••••------•-•-•-- •- •---- •-- ••-- ••......- -• - - -. and shall repay to said mortgagee ......... ....... iti. &..l t?C.CE'aSOrS_._.. - -or assigns at the times and with interest as hereinafter ................ specified, all sums advanced in protecting the lien of this mortgage, in payment of taxes on said premises, - insurance premiums covering buildings thereon, principal or interest on any prior liens, expenses and attorney's fees herein provided for the sums advanced for any other purpose authorized herein, and shall keep and perform all the covenants and agree- ments herein contained, then this deed to be null and void, and to be released at the mortgagor's expense. AND THE MORTGAGOR, for itself, its successors and assigns, does hereby covenant and agree with the mort- gagee ......... ......:.t.&.. ald�:?S.Qs............and assigns, to pay the principal sum of money XDdKbaXK= as above specified; to pay all taxes and assessments now due or that may hereafter become liens against said premises at least ten days before penalty attaches thereto; to keep any buildings on said premises insured by companies approved by the mortgagee........ against loss by fire --- windstorm...and- -- extended.-- c.ovexage.•perils ... for-at ... least...... the... sum --- of --- Tw.enty..- six..Tho.usand- .Fite .................... Hundred.. and -EQ/ 100 ... (.$261.5.0.O.100- ) ......... .......................Dollars, and to deliver to said mortgagee........ the policies for such insurance with mortgage clause attached in favor of said mortgagee........ or ........ . i- tS .....................assigns; to pay, when due, both principal and interest of all prior liens or incumbrances, if any, above mentioned, and to :keep said prem- ises free and clear of all other prior liens or incumbrances; to commit or permit no waste on said premises and to keep them in good repair; to complete forthwith any improvements which may hereafter be under course of construction thereon, and to pay any other expenses and attorney's fees incurred by said mortgagee........, ... it .8. ... auc-casaora ............. or assigns, by reason of litigation with any third party for the protection of the lien of this mortgage. e In case of failure to pay said taxes and assessments, prior liens or incumbrances, expenses and attorney's fees as above specified, or to insure said buildings and deliver the policies as aforesaid, the mortgagee._......, ..ita --- SUC.rieisaore or assigns, may pay such taxes, assessments, prior liens, expenses and attorney's fees and interest thereon, or effect such insurance, and the sums.so paid shall bear interest at the highest rate permitted by law from the date of such payment shall be impressed as an additional lien upon said premises and be immediately due and payable from the mortgagor, its st4cceisors or assjgns, to said mortgagee ......... .......;. $ SUCCESSOY'S _......Qor assigns, and this mortgage shall from date „thereo.f secure the #epayment of such advances with interest. P In case of default in any of the foregoing covenants, the mortgagor confers upon the mortgagee ........ the option of declaring the unpaid balance of said principal note together with all sums advanced hereunder, immediately due and payable without notice, and hereby authorizes and empowers said mortgagee.___.___, --- itis ..... suCcessor8 _and assigns, to foreclose this mortgage by judicial proceedings or to sell said premises at public auction and convey the same to the purchaser in fee simple in accordance with the statute, and out of the moneys aris- ing from such sale to retain all sums secured hereby, with interest and all legal costs and charges of such foreclosure and the maximum attorney's fee permitted by law, which costs, charges and fees the mortgagor herein agrees to pay. N Me0tiMOnP WbMd, The said 7nortgasor has caused these P7 a is o e ex,�sited in its � name by its .... G.hai.rMan ... Of the a r aITT....... C] erX.... ...................... and its= ?IORXMK seal to ........... . be hereunto afj"zxed the day and year first above written. a INDEP:E'NDENT..S.CRO.OL.. DISTRICT ...NO.....273,_..VQUYN — OF In, P.7�e�ence of By ` Criniifi...Of..the��School Board ::..................'...... ��-� ..:.................:..... 1. e � r� ...... W..................:............ ............................... Constance W. Kuehn Its......... Clerk .............. ............................... 6tate --at 2,Ttin Beata, ss. County of .......... HENNEPIN .......... ............................... On this ................... .... -'. ................................. day of ..... .... DeQ=I b r................. ............................... 19 :..63..., before me, a Nota2�r ... Public ......... ............................... .........................within and for said- County, personally appeared B......B.t. ... k�e xa� .......................................................... . ............ %nd ............ Constance ... W ...... Kuehn,,.:.::.`..::: .::.:::- ......................... to me personally 1c o n, hi, b in each by me duly sworn. ............................. did say t e 4x as Ui ely O� O andcoo isi . Clerk ......o the ...... Ok�a� rAaat�..... a t ................................................. ............................... f the . �polG zna r• sty foresoin_ti instrument, and that the seal af%zwd to said instrzment is th se ; f Said , and that said instrument was sinned and sealed in behal o said se oo 7 C oritz o X16 Jtojank f f f o,y �c School... Board ...... ...........:.......... and said ..........R.....N.�.... Reeves ..............................� -, and Constance. W.., Kuehn .................... ...._..acknowledsed said instrument to -be thA fee aat and:dee4'of said dbxt;x= school district. ` .................................. ............. .......................... Notary Publir County, Minn. My c07nmission expires ... ... ......... ....... ..............1 19 ........... WARD B. LEWIS Notary Public, Hennepin County, NCas. I• -k Commission Expires Mar. I4, i965: Lf COD jZ w V A w Z C- ct Q S EiN. j e' O 'S W m a 1Z O V V o t 4J U on ti o•.o ca Filed for reoord on the 27 day of Deo AD 1963 at 2;40 o'clook P.M. .Q x � O � � Q �C m b Ci T t � y PROBATE DEED ,THIS INDENTURE, Made this day of February, 1944, . between Harry S. Swensen, as Guardian of the Estate of Mary New- berg, Insane, party of the first part, and Village of Edina, of the County of Hennepin and State of Minnesota, party of the se- cond part, WITNESSETH, That whereas during the year 1940, George S. Grimes was the duly appointed, qualified and acting guardian of the Estate of Mary Newberg, Insane, by virtue of Letters of Guardianship theretofore issued by the Probate Court of Hennepin County, Minnesota, and whereas the Probate Court of Hennepin County, Minnesota, in the matter of the Estate of Mary Newberg, Insane, did, on the 17th day of January, 1940, enter Its order authorizing and empowering the said Guardian to make private sale of the real estate hereinafter described, and said guardian, hav- ing made and filed in.said court the bond and oath required by law, and by said order, having caused said real estate to be ap- praised by two competent persons appointed by said court, and having sold the same to the second party hereto at private sale, for the consideration hereinafter named, and having made and filed in said court his report of sale, and WHEREAS, the said court did on the 22nd day of January, 1940) enter an order confirming said sale and directing the said guardian to execute and enter into a contract for deed as thereby specified and party of the second part has in all things fully performed said contract for deed, and WHEREAS, Harry S. Swensen became the duly appointed, qualified and acting guardian of the said Mary Newberg, Insane, on February 18, 1942, by virtue of Letters of Guardianship to him issued on said date by the Probate Court of Hennepin County, 1. V Minnesota, and the said Harry S. Swensen ever since said date has been and still is such guardian. NOW, THEREFORE, the said party of the first part, by virtue of said order, and in consideration of the sum of Twenty -- five Hundred.and no /100 ($2500.00) Dollars, to him in hand paid by said party of the second part, the receipt whereof is hereby acknowledged, does hereby Grant, Bargain, Sell and Convey unto the said party of the second part, its successors and assigns, forever, all the tract or parcel of land, lying and being in the County of Hennepin and State of Minnesota, described as follows, to -wit: All that part of Government Lot Eight _(8), in Section Twenty- -eight (28), Township One Hundred Seventeen (117), Range Twenty =one (21), to -wit: Beginning at a point,on the north line of said Lot Eight (8), two hundred fifty - five (255) feet east of the northwest corner of said Lot Eight (8); thence south parallel with the west line of said Lot Eight (8), to the center line of Eden Prairie Road, as the same is now laid out and traveled across said Lot Eight (8); thence northeasterly along the center line of said Eden Prairie Road, seven hundred thirty - five end eight- tenths (735.8) feet, more or less, to a point on the north line of said Lot Eight (8)', said point being 675 feet east of the point of beginning; thence west along the north line of`said Lot 8, to the.pla.ce of beginning. Subject, however, to the right -of -way of the Minneapolis, St. Paul, Rochester and Dubuque Electric Traction Company tt (now Minneapolis, Northfield and Southern Railwayl and further subject to streets and roads as now laid out and used over and across said pre- mises. TO HAVE AND TO HOLD THE SAME, Together with all the hereditaments and appurtenances thereunto belonging, or in any- wise appertaining, to the said party of the second part, its suc- cessors and assigns, Forever. IN TESTIMONY WHEREOF, the said party of the first part has hereunto set his hand the day and year first Bove written. A In Presenc ,of:� Knilrdian of the Estate of ary Newberg, Insane. 2. ,e STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN ) On this day of February, 1944, before me, a Notary Public, within and for said County, personally aAPeared Harry S. Swensen, as Guardian of the Estate of Mary Newberg, In- sane, 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 for the purposes therein expressed. Deborah BeVkr Note" Public, Ne"Via Coma?, XhW W COMMWO. &PIM And. U. Im 3. rn r CONTRACT FOR DZED THIS AGPIMMW made and entered into this da Y of January, 1940, by and between GEORGE S. GRIME B,�aa Guardian of the' Notate of Nary Newberg, Insane, party of the first part, and the VILLAGE OF EDNA, a aaani.oipal corporation, of the County of Hennepin and State of Minnesota, party of the second part. WITNESSETH: That the said party of the first part as guardian as aforesaid in consideration of the covenants and agreements of the said party of the second part hereinafter contained, hereby sells and agrees to cony unto the said party of the second part, its ittieoessors and assigns, by quit -claim deed as provided by law, up the proopt and full performance by the said party of the second part of i s part of this agreement, the following described real estate situated in the County of Hennepin and state of Minnesota, torwits A11 that part of Government Lot 8, in section 28, towaship 117, range 21, to- grits Beginning at a point on the north line of said Lot 8, 255 feet east of the northwest corner of said Lot 8; thence south parallel with the most line of said hot 8, to the center line of Eden Prairie Road, as the sates is now laid out and traveled across said Lot 8; thence northeasterly along the center line of said Eden Prairie Road, 785.8 feet, more or less, to a point on the north line of said Lot 8, said point being 875 feet east of the point of beginning; thence west along the north line of said Lot Be to the place of beginning. Subjeot,however, to the right of way of the Minneapolis, St. Paul, Rochester and Dubuque Electric Traction Company, (now Mizneapolis, Northfield and Southern Railway) and further subject to streets and roads as now laid out and used over and across said premises. and the said party of the second part in consideration of the premises, hereby agrees to pay said party of the first part, as such Guardian, and as and for the purohase price of said premises, the sue of Twenty- five Hundred Dollars ( #2800.00) in meaner and at times following, tests t: The sum of Five hundred Dollars ($600.00) cash in hand paid, the re+eoipt whereof is hereby acknowledged; the balance of said purehaso prie -af - -- Two thousand Dollars ( #2000.00)- to be paid in equal, annual 1nstae1Uw&tq sj of Two hundred fifty Dollars ($250.00) due on or before the 1M, "yl-of February, in each year beginning with February 15th, 1941, with tht"" }y an all deferred payments at the rate of Five (5) per cent per anstsaa. inter"t'payable annually together wit4t and in addition to the ab , -1- , provided annual payment of principal. It is understood and agreed that there is a mortgage upon said premises now of record in the name of Fred K. Willson, 'vhieh mortgage together with all tae'es paid by the said mortgagee, the said guardian will pay from the said purchase price, and will hold the party of the second pest harmless therefrom. It is understood that this Contract for Deed is made and executed by the said Guardian, pursuant to license therefor duly made and granted by the Probate Court of said Hennepin County, in the matter of the Guardianship of Mary Newberg, Insane Ward, which said license is on file in said matter. It is further understood and agreed that if improvements of any kind are placed upon the said premises above described, or any part thereefr by the party of the second part during the life of this contract that all such improvements shall not be removed therefrom, but shall be and remain a part of the real estate above described, as further and additional security until this contract shall have been fully performed by the party of the second part; said party of the secorngily covenants, at its oun expense, to immediately insure improvements now upon said premises in the sum of Fourteen hundred Dollars ($1400.00) fire and wind storm, said insursA" to be payable in event of lovw to the said party of the first part as such guardian as his interest may appear. It is further understood that the party of the first part shall pay the taxes levied upon said premises for the year 1939 and all prior years. But should default be made in the payment of the principal or interest due hereunder, or of any part thereof, to be by said second party. paid, or should said second party fail to pay the 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 his option, by written notice, declare this contract canceled and terminated and all rights, title and interest acquired thereunder by said second party shall -2- thereupon cease and terminate and all improvements made upon said premises and all payments made hereunder shall belong to the said party of the first part as representative of said estates, as liquidated damages for breach of this cont acct by said second party, said notice to be in accordance with:the statutes'is wade and provided. Neither the extension of the tine for payment of any sum or sums of money to be paid hereunder, nor any waiver by the party of the first part of his rights to declare this contract forfeited by reason of any breach thereof, shall in stay 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 pigged instruments Further, upon default after said notice, said party of tb* . second part hereby specifically agrees, upon demand of said part of the first part, quietly and peaceably to surrender to him possession of said premises, and every part tIWreof, it being understood that until such dwpf"lt said party of the second part is to have possession of said premises. It is farther mhtually 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 brad the heirs, executors, administrators, successors and assigns of the respective parties hereto. IN TRIM ©AY 4F, the psrty of the first part has hereunto not his hand, and the pasty of the second part has hereunto caused its corporate name to be subscribed and its corporate seal to be affixed by its proper officers thereunto duly authorised the day and year .first above written. Village of Nam Free On of age 8 and t e er As to Guardian As to Village Officers STATE OF MINNESOTA s8. COUNTY OF SIX On this day of January, 1940, personally appeared before me a lorts y o, within and for said county George S. Gri:mes,,,,, to me known to be the person described in, and who executed the foregoigg instrument as Nardi= of the estate of Mary Newberg, Insane,and acknowledged that he executed the same as his free -act and deed as such Guardian* phi s shorn to before me 6� day of Awary, 1940. Aotwn/Public, Hienneplia, %, NG Notary Public, Hennepin County, Minn, My eonission expirewtUy Coui nbwou &pirea May 13, 194.5. STATE OF MINNESOTA e>s. COUNTY OF HENNEPIN On this 22nd day of January, 1940, befo Potary Public, within and for said county personally appeared 1%sterberg, and Ben B. Moore, to me personally known, who,Tbei ng eac y me duly sworn did say that they are respectively the president and the clerk of the village council, of the Village of Edina, the corporation named in the foregoing instrument and the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed, in behalf of said corporation by *o*ty of the Village Council of said Village of Edina, and said Westerberg and Ben B. Moore acknowledged said instrument to be the �'e act and deed of said Village of Edina. Subscribed and sworn to before me this '—day of January, 1940. Notary Public, Hennepin Col, Minn. My cammissian expires: Clarence O. Holten, Notary Public, Hennepin Co, Minn. My Commission E::pires January 19, 1945. -4•