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Home My WebLink About298L.J Q M 0 In ' vldual- :dual. Form o. 27. Minnesota Uniform nveyancing Blanks (1931). : � ^� •. y co Tbi.f� 3 nbenture, .Made this .................. Six�.h ..... ....._... .I ......... day of. .......... J11 Y..----- ._........._..- ..._... - - - - -. 19.39.--- between ------ .... ...........------- ......_...... J. Frank Ecklund and Catherine T. Ecklund, husband and wife, of the County of- ..... __ Hennepin........ ---- - - - - -- -and State of ...................l:irnesota------.........._....._..--------...__..-- partA.ea__._of the first part, and......., Li_ 44.. 4..! 4- C&.....O..F...._..45 .. e4_...... A-.._. N-._, 1<- A- I4........ of the County of .................... ILQ=epig .................................. __and State of. ......... bti �ngsota part.y ..............of the second part, W[tntgOtd), That the said part --- te.S- ,Vof-the first part, in consideration of the sum of .one .._ llallar...ar_d ... other ... Valua le... ..........„ ............................................... ...... ......................... DOLLaRS, to .......... 14? A ........ .._ ...................in hand paid by the said part ..... ... ..... of the second part, the receipt whereof is hereby acknowledged, do ..................hereby Grant, Bargain, Quitclaim, and Convey unto the said.party......,.......... of the second part, trs... UA1EE' and assigns, Forever, all the tract......... or parcel .... .....of land lying and being in the County of ------ _____ ...........................and State of .Minnesota, described as follows, to -wit: All that part of Lot Nineteen (19), Vlaite Oaks Fourth (4th) Addition, Hennepin County, Llinnesota, described as follows, viz: Commencing at a paint on the Northerly (front) line of said Lot Nineteen (19) distant Ten (10) Feet TvTesterly as measured along the said Northerly line from the Northeasterly corner of said Lot Nineteen (19); thence Westerly along the said Northerly line of said lot a distance of Forty (40) Feet; thence Southerly in a straight line parallel with the VTesterly line of said Lat Nineteen (19) to a point in the Southerly (rear) line of said Lot distant Twenty -Five (25) Feet Easterly measured along the said Southerly line of said Lot from the southwesterly corner thereof; thence Easterly Forty (40) reet along said Southerly line; thence lortherly in a straight line parallel with the Easterly line of said Lot Nineteen (19) to the point of beginning; -all according to the survey and plat thereof on file and of record in the office of the Register of Leeds within and for Hennepin County, Minnesota. This conveyance is made subject to the following express restrictions, vfhich restrictions the Grantee accepts, and, as part of the consideration hereof, hereby assumes and agrees to carry out, viz; That the premises herein conveyed shall be used only for purposes of ingress and egress to adjoining property , and for no other purpose; and that any roadway, driveway, or walkway constructed'or maintained over and upon said premises herein conveyed shall be not more than twenty. -five (25). feet wide as graded, constructed, or maintained, and that there shall be a boulevard strip.on each side of any such roadway,* driveway, or walkway at least seven and one -half (7-1-) feet in width. W0 Jbabe anb to JbOib the *acne, Together with all the hereditaments and appurtenances there- unto belonging or in anywise appertaining, to the said part ...y .. ..........of the second part,.:...... ............. and assigns,' Forever. i rs v apec.rs •ts 31n Totimanp Wbered, The said part..1o.s ...... of the first part ha- u.9- hereunto set .... .. ......... tt.i?.elr...._ hand. g._._the day and year first above written. In Presence of -' ------------ ----------- ------ Otate of Alinneota, ss i 1_ 350 PARR AVENUE NBW YORK, NEW YORK 10022 (212) 415 -9200 1330 CONNECTICUT AVENUE, N. W. VASHDPOTON, D. C. 20036 (202)857 -0700 3 ORACECHURCH STREET LONDON BC3V OAT, ENGLAND 01- 929 -3334 36, HUE THONCHET 75009 PARIS, FRANCE 01- 42- 66 -59 -49 FAR EAST FINANCE CENTER HONG KONG 862 -5- 8612555 Mr. Fran Hoffman City of Edina 4801 West 50th Street Edina, Minnesota 55424 Dear Fran: 5/21/90 (To file - information only.) DORSEY & WHITNEY A PA&r".$NIP INCLQDINO P> MSSIONAL COS 1rION! 2200 FIRST BANK PLACE EAST MINNEAPOLIS, MINNESOTA 35402 (612 ) 340-2600 TELEX 29 -0605 FAX (612) 340 -2868 THOMAS S. MCSSONi 612-3/10-' 59 May 17,1990 Re: Part of Lot 19, White Oaks Fourth Addition 340 FIRST NATIONAL BANE BUILDING ROCHESTER, MINNESOTA 55903 (507) 288 -3156 315 FIRST NATIONAL BANK BUILDING WAYZATA,MINNBSOTA 55391 (612) 475.0373 1200 FIRST INTERSTATE CENTER BILLINGS, MONTANA 39103 (406)262 -3800 201 DAVIDSON BUILDING GREAT FALLS, MONTANA 59401 (406)727 -3632 127 EAST FRONT STREET MISSOULA, MONTANA 59802 (406)721 -6025 Mr. and Mrs. Smith who live at 4001 West 48th Street in Edina have requested that the City vacate what they believe to be a public road easement adjoining their property on the East. The description of the property in question is the West 40 feet of the East 50 feet of -Lot 19, White Oaks Fourth Addition. You have given to Marc Daehn who, in turn, has given to me a map of the area and a copy of a quitclaim deed dated July 6, 1939, from J. Frank Ecklund and Catherine T. Ecklund, husband and wife, to the Village of Edina conveying said 40 -foot strip. The description of that conveyance is considerably longer and more detailed than the one used above in this letter. Also, that deed was given subject to restrictions that the City shall use the 40 feet only for ingress and egress to adjoining properties and that the roadway constructed and maintained upon the 40 foot strip shall not be more than 25 feet wide with a 7-1/2 foot boulevard on each side. It appears, from the information that you have given me, that the City owns the property in fee simple and not .just an easement for road purposes. If that is the case and if the City no longer desires to retain ownership of that 40 -foot strip, the properties can be conveyed by quitclaim deed to any person the City desires. Conveyance, however, would have to be made subject to the restrictions, except however, to the extent they may be cancelled or terminated by application of the Minnesota 30 -year law or 40 -year law (the deed, as stated above, is dated July 6, 1939). DOASEY & WHITNEY Mr. Fran Hoffman May 17,1990 Page 2 However, it is possible that the grant to the City could be of only an easement because of the ingress and egress restriction. If the City received only an easement, then vacation of an easement would be the proper process. It is also possible, if the city decides it has no need for ingress and egress over the 40 foot strip, that the property would revert to the grantors, their heirs and assigns, and not to the adjoining owners. Whether the City wants to retain the strip of land is, of course, a policy decision which will have to be made by the City Council. Should the City Council decide it does not need the strip of land then I recommend that the City proceed to vacate the strip as if it were a public street. In addition, once vacated, the City should convey the strip by quit claim deed to those parties desiring ownership, presumably one -half to each adjoining owner on the east and west sides of the strip. The grantees in the deed then can attempt to resolve the issues of ownership and the continuing enforceability of the restrictions. If there is anything further you wish me to do, please let me know. Very truly yours, Thomas S. Erickson TSE:ljm Enclosures cc: Ms. Marc Daehn, City Clerk Mr. Kenneth E. Rosland, City Manager 350 PARK AVENUE NEW YORK, NEW YORK 10022 (212) 415 -9200 1330 CONNECTICUT AVENUE, N. W. WASHINGTON, D. C. 20036 (202) 857 -0700 3 ORACECHURCH STREET LONDON EC3V OAT, ENGLAND 01- 929 -3334 36, RUE TRONCHET 75009 PARIS, FRANCE 0I- 42- 66 -59 -49 FAR EAST FINANCE CENTER HONG KONG 852 -5- 8612555 Mr. Fran Hoffman City of Edina 4801 West 50th Street Edina, Minnesota 55424 Dear Fran: DOIRSEY & WHITNEY A PA8]'NEBSHIP INCLUDING PHOS$SSI02LL CO8P08L'fIONS 2200 FIRST BANK PLACE EAST MINNEAPOLIS, MINNESOTA 55402 (612) 340 -2600 TELEX 29 -0605 FAX (612)340 -2868 TMMAS S. ERICKWN 612 - 340 -A'M9 May 17,1990 Re: Part of Lot 19, White Oaks Fourth Addition 340 FIRST NATIONAL BANE BUILDING ROCHESTER, MINNESOTA 55903 (507) 268 -3186 315 FIRST NATIONAL BANE BUILDING WAYZATA, MINNESOTA 55391 (612)475-0373 1200 FIRST INTERSTATE CENTER BILLINGS, MONTANA 59103 (406)252 -3800 201 DAVIDSON BUILDING GREAT PALLS, MONTANA 59401 (406)727 -3632 127 EAST FRONT STREET MISSOULA, MONTANA 59802 (406)721 -6025 ', �re�r•� lyy d, Mr. and Mrs. Smith who live at 4001 West 48th Street in Edina have requested that the City vacate what they believe to be a public road easement adjoining their property on the East. The description of the property in question is the West 40 feet of the East 50 feet of Lot 19, White Oaks Fourth Addition. You have given to Marc Daehn who, in turn, has given to me a map of the area and a copy of a quitclaim deed dated July 6, 1939, from J. Frank Ecklund and Catherine T. Ecklund, husband and wife, to the Village of Edina conveying said 40 -foot strip. The description of that conveyance is considerably longer and more detailed than the one used above in this letter. Also, that deed was given subject to restrictions that the City shall use the 40 feet only for ingress and egress to adjoining properties and that the roadway constructed and maintained upon the 40 foot strip shall not be more than 25 feet wide with a 7-1/2 foot boulevard on each side. It appears, from the information that you have given me, that the City owns the property in fee simple and not just an easement for road purposes. If that is the case and if the City no longer desires to retain ownership of that 40 -foot strip, the properties can be conveyed by quitclaim deed to any person the City desires. Conveyance, however, would have to be made subject to the restrictions, except however, to the extent they may be cancelled or terminated by application of the Minnesota 30 -year law or 40 -year law (the deed, as stated above, is dated July 6, 1939). DoiRsEY & WHITNEY Mr. Fran Hoffman May 17,1990 Page 2 However, it is possible that the grant to the City could be of only an easement because of the ingress and egress restriction. If the City received only an easement, then vacation of an easement would be the proper process. It is also possible, if the city decides it has no need for ingress and egress over the 40 foot strip, that the property would revert to the grantors, their heirs and assigns, and not to the adjoining owners. Whether the City wants to retain the strip of land is, of course, a policy decision which will have to be made by the City Council. Should the City Council decide it does not need the strip of land then I recommend that the City proceed to vacate the strip as if it were a public street. In addition, once vacated, the City should convey the strip by quit claim deed to those parties desiring ownership, presumably one -half to each adjoining owner on the east and west sides of the strip. The grantees in the deed then can attempt to resolve the issues of ownership and the continuing enforceability of the restrictions. If there is anything further you wish me to do, please let me know. Very truly yours, Thomas S. Erickson TSE:ljm Enclosures :.c: Ms. *.lure Daebn, City Clerk Mr. Kenneth E. Rosland, City Manager t1 .Km 41 W, �m I- M- I Reoording Me a=7 Quit f:4s :m u ed. lndMdual to iedlvidual. Form No. 27. Minnesota Un loan Conveyanoinpr Blanks (1931). KV ig ftenture, .Made this .................. Sixth ....... ........ _ ------ day of- ........ .. TU IX ..................... :............. 19.39....., between ............. - - J. Frank Ecklund and Catherine T. Ecklund, husband and wife, Of the count{ of.... .....H dpi .........- • . ...... ....................._and State of. .................. X nnesota partAQA_.....of the first part, and..-. ..... 0,P.z.. ,s....... ....... Cv.. ..O. ...... .__ ........... .. ...... .. ..................................................................................... .- ...... ....... .. _. .................................................................... ..:...- ............... , of the County of .................... .H.ODA.0 m... ............................... —and State of:. ........ AnneeR ........................................................ part..y ..............o of the second part, WMOOtfi), That the said part...10.a ...... of the first part, in consideration of the sum of .Cn e --- Ballar..Rnd ... Athex' ... va'11 1e...Qt id'P.T kLoa...--•--•--.......---•-••---•-•--•--•----------------•-•--- •--- •--- ....................... DOLLaRS, to .......... ibta .. .............................in hand paid by the said part .......... _ ...... o of the second part, the receipt whereof is hereby acknowledged, do .................. heieb a Grant, Bargain, Quitclaim, and Convey unto the said -party. ..... .......... of the second part, IA ... 3.4ASP and assigns, Forever, all the traet__.or parcel ... ...... of land lying and being in the County of. ..... _ ............ He eP ........................ ...and State of .Minnesota, described as follows, to -wit: All that part of Lot Nineteen (19), White Oaks Fourth (4th) Addition, Hennepin County, Minnesota, described as follows, viz; Commencing at a point on the Northerly (front) line of said Lot Nineteen (19) distant Ten (10) Feet Westerly as measured along the said Northerly line from the Northeasterly corner of said Lot Nineteen (19); thence Westerly along the said Northerly line of said lot a distance of Forty (40) Feet; thence Southerly in a straight line parallel with the Westerly line of said Lot Nineteen (19) to a point in the Southerly (rear) line of said Lot distant Twenty—Five (25) Feet Easterly measured along the said Southerly line of said Lot from the Southwesterly corner thereof; thence Easterly Forty (40) Feet along said Southerly line; thence Northerly in a straight line parallel with the Easterly line of said Lot Nineteen (19) to the point of beginning; -all according to the survey and plat thereof on file and of record in the office of the Register of Deeds within and for Hennepin County, Minnesota. This conveyance is made subject to the following express restrictions, which restrictions the (}rantee accepts, and, as part of the consideration hereof, hereby assumes and agrees to carry out, viz= That the premises herein conveyed shall be used only for purposes of ingress and egress to ownhain adjoining property , and for no other purpose; and that any roadway, driveway, or walkway constructed -or maintained over and upon said premises herein conveyed shall be not more than twenty;..five (25). feet wide as graded, constructed, or maintained, and that there shall be a boulevard strip.on each side of any such roadway, driveway, or walkway at least seven and one -half (7J) feet in width. SO t Mb iO *OPJ Ot IkMt, Together with all the hereditanaents and appurtenances there- unto belong4ng or in anywise appertaining, to the said part..y ....... .:...of 'the second part ,_...... ............ hepim and a88ignS,'FOre7ler. /T! t ✓tt�sreta N VOtitlMP IMMOt, The said part_.1Q1 ...... of the first part ha.2i.hereunto set ............... t alr....,. hand-* ---- the day and year first above written. In Presence of ... s .......... _..... � ..G� ...........n...... . ...... . .... ........... ...................... •-- -... -• ..................................... - -•- ----- -....• ....-----... .....--- •----- ........--- - - - - -- -- •------ •---- ..........- ------ ...................._._ Otate of 01Wntootalp so. county of ------------- �nuflpla -_ •-------------------- On this—__ ------- �-- - ----- - ----- -da! of-- 10 _ before me, a------- - - - -._ - ---------- - - - --- --- .-.with* and for said County, per onally appeared ------------- - - - - -- - - • FY'ank _Fcklva►d.:and 4a�tl? rime T _ std.__ hi�Ad at�d__ wife,------------- ------------- -........... ----------------------- - - - - -- --------- - - - - -- ------------------------------------- - - - - -- -- --------------------------------------------- - - - - -- -- - - - - -- -------------- - - - - -- ............. ....... to me known to be the persont ------- -.... described in, and who. executed the foregoing instrument, - - - - - - - -- ------ - - - - -- - ----- - - - - - - - ------ ------------ - ----- - --: - -- - - - - -- and acknowledged that ------- __.hie v ...... - .executed (see Note) the same ._____ - - - -. ----- : --- free act and deed ------- -----------------------------------=-------- • - --- . cue c4> G -- - - - - -- - - - - -- - - ------------- - - - - -- - -- I Notary Public.,_WI , pM--- -- ---- ------ ----- County,..Vinn. Nowy Pa%iie, ifsa•era:ieasiy, Minn. My commission ----- _ ---- NOTE: The blank tines marked "see Note" are far use when the instrument is ezecuted by an attorney in tact. /72— a� 4- S, i ✓7 ZI 5,4 A4 LUeoS -I _0 . ... _51-0leo/ _, ?f!` -- - - - - -- t"✓ C e c 1Lv_1j_ 04 0 7- I YAeU E ,►t. _off eo i /o�yy , DEEDS TO EXTWSION OF W00W ROAD (Between 48th and 49th Streets) 1947 Originals of these deeds Were given to Attorney Windherst Monday' February 17, for recsording# Mr. Windhorst called Feb rg 18,- stating that deeds could not be recorded until taxes were paid in full. — The Deeds will remain in Windhorst's Office until such time as they can be recorded. I 4 -i4 jr , . * y �.F y r,- t CA r 4 x" pf x az _ .. v� '>•,.. _ k Minneapolis, _Minn. Oct. a, 2952 Village COiinoil of Ldina, 48 01 Nest 50th fit., Minneapolis, Minn, Gentlemen.' February 1947, I gave to the Vi21age of Edina an easement across my: Nest ?en (14) feet Lot Nineteen (19), Auditors Subdivision Number 272 for a storm sewer purpose, which has boon ab"d6trAdo therefore I would appreciate a release of same by a Quit Claim Deed from the Vi2iage of Edina to me, as I am conveyor inE this property and it is necessary to have this o2eared. Yours truly, Enoo Sward, 3922 W. 49th St.. , Minneapolis •10j, Minn. r r x r' � iti .. �� ., ... ��.. � �� '4 , � ..t ... "- :. ,. . ,_ �� ex r 1n .. c ..,: �5�. . k3,it :.., z4� a _'4' �s+..... i,�'. �:��., t tyY's! ..T - .. -e . JAMES E.DORSEY JOSEPH H.COLMAN DAVID E.BRONSON DORSEY, COLMAN, BARKER, SCOTT $c BARBER KENNETH M.OWEN LELAND W. SCOTT LEAVITT R. BARKER ATTORNEYS AT LAW HUGH H. BARBER CHARLES F. NOONAN DONALD WEST WAL F. MARQUA RT October 27 1952 JO H IN JOHN W. WINOHORST � FIRST NATIONAL -SOO LINE BUILDING HENRY HALLADAY MINNEAPOLIS 2. MINNESOTA JULE M. HANNAFORD ARTHUR B. WHITNEY WILLIAM A.GR EEN TELEPHONE MAIN 3351 JOHN G.DORS EY RUSSELL W. LINDQUIST DAVID R.BRINK H GRACE E. HITCH VIROIL H, HILL ROBERT V.TARBOX DEFOREST SPENCER ROBERT J•JOHNSON PETER DORSEY Village of Edina 4801 west 50th Street Minneapolis, Minnesota Attentions Mrs. Alden Gentlemen s We enclose, herewith, an original and a copy of a Quit Claim deed running from the Village to Mr. and Mrs. Sward, which releases the storm sewer easement referred to in your letter of October 24, 1952. This should be signed by the President of the Council and the Village Clerk be- fore two witnesses and a Notary Public in the usual manner. We also return herewith the original recorded storm sewer easement, which you enclosed in your letter of October 24* Yours very truly, . 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