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Home My WebLink About534"7 JAMES E. DORSEY JOSEPH H, ONSON DORSEY, DAVID E,B R COLMAN; BARKER, SCOTT 8, BARBER KENNETH M,OWEN LELAND W. SCOTT LEAVITT R. BARKER HUGH H.BARSER CHARLES F. NOONAN DONALD WEST WALDO F. MARQUART JOHN W, WI L NDHORST HENRY HA LADAY JULE M.HANNAFORD ARTHUR S.WHITNEY JOHN G. DORSEY RUSSELL W. LINDQUIST DAVID R.BRINK HORACE E. HITCH VIR GIL H.HI LL ROBERT V. TARBOX DEFOREST SPENCER ROBERT J.JOHNSON PETER DORS E GEORGE P, FLANNERY CURTIS L. ROY ARTHUR E. WEISBERG Village of Edina 4801 West 50th Street Edina, Minnesota Gentlemen: ATTORNEYS AT LAW FIRST NA7IONALS -.00 LINE BUILDING January 4, 1954 MINNEAPOLIS 2, MINNESOTA TELEPHONE MAIN 3351 Re: Easements On December 31, 1953, we recorded in the Register of Deeds Office, Hennepin County, Minnesota, as Document No. 2854543 in Book 1985 of Deeds at page 474, highway easement over the Nest 30 feet of Lots 3, 4 and 5 "Garden Park, Hennepin Co., Minn." running from Lee M. Warden and Olga S. Warden, husband and wife, to Village of Edina. Since this easement extends over both abstract and torrens property, we also, on January 2, 1954, recorded in the office of the Registrar of Titles, Hennepin County, Minnesota, the same easement. In the Registrar of Titles office this document was entered as a memorial on Certificate of Title No. 187199. The easement will be retained permanently in the files of the Registrar of Titles. Very truly yours, DORSEY, COLMAN, BARKER, SCOTT & BARBER BY l_S/ Rolf 0. Slen ROS /pl Johnson Drive - from Benton north to Hi wa HIGHWAY FAMENT VIS MASOGNT Made this l th day of June 1953# betweeen Lee M. Warden and Olga S. arrlenp husband and wife, of the County of Hennepin and State of Minnesota,, as Grantors, and Village of Edina# of the County of Hennepin and State of Minnesota, as , G4rantee # WITNHSS I #, That the said grantdrs, in consideration of the sum of Oros W r ( ►1.00) #. -to them in hand paid by the said grantee, the receipt whereof Is hereby acknowledged, do hereby oDnvey and warrant to the Villages of 'Nditeay Grantee hersin, for highway purposes, together with unrestricted ri #it ixqrove the sake free and clear of all encumbrances, the JbIlowing hand lying and being ,in the County of Hennepin ;end State of Minnesota # described Gee follows The Wheat thirty (30) feet of Lots 'Three (3 ?, Four (4) and Five Mt Garden Park, Hennepin Co.,, Minn., according to the leap or plat thereof on file and of record in the office of the Register of Deeds in and for the County of Hennergn and State of Milmesata and the said Grantors, for themselves,, their heirs, executors and aselps# do covenant never to Gut, 'tea, destroy or remove any tree or shrub or ib y natural growth on the hereinabove described promises for the continuance, of this Faseme nt and cb hereby grant and oonsrey to the Village of Edina all grasses, = shrubs,, trees and natural. growth now existing on said lands or ' that be hereafter planted or grown thereon and the said grantors*,Ior themselves, their heirs„ emcutors and assigns, do hereby release the Vie of Edina# its successors and assigns►# from all claicas of my and all dwagets resulting to the land through and across which the parcel of land hger r; conveyed is le sated by reason of the location;, grading, cxenstruestiob„ maintenance, and use of a public hi gbwayyr over and upon and the ramao sax. of materials from the premises hereby conveyed and from the uses incidental theereto, and the Village of Mina shall have the right to use and remove ell earth and other material lying upon the land adjoining the parcel hereby conveyed such as portable snowy fences during such months as weather conditions matte necessary. It is understood that in case the above described penises are not used for highway purposes within a period of ten (10) years from date hereof# that, the property shall revert to the thbn record owner,, and farther if the property i is used for highway purposes and at a future date is vacated by they Village of Edina, the property then dhatl also revert to the then record ow wr. IN TESTDOXY Vi FAOF, the said grantors have hereunto cent their hands ,the day and year `fLrot aabawe written. In presence , of J. L. XcCabe ( sieed) Jeo M. Warden (signed) D. HeCabe s d ) aga— S. Wardeen (ignod) Notarised by J R. McCrea Notary Public, Hem. County on June l8th, 1953. STATE OF MINNESOTA) ( SS. COUNTY OF HENNEPIN) On this 18th day of June, 1953, before me, a Notary Public within and for said County, personally appeared Lee M. Warden and Olga S. Warden, husband and wife, to me known to be the persons described in and who executed the foregoing instrument, and acknowledged that they executed the same as their free act and dried. (SEAL) J. R. C. McCREA Notary ublic,Hennepin County,Mi.nn. My Commission Expires Nov.21,1958. j ATT d S�yNOff pONA s si � R� EASEMENT FOR PUBLIC ROAD PURPOSES THIS INSTRUMENT, Made this Ift day of , 19 0, by and between V&SWO 00 ,of the County of Hennepin and State of Minnesota, parties of the first part, and the Village of Edina, a municipal corporation organized under the laws of the State of Minnesota, party of the second part; WITNESSETH, That the said parties of the first part, in considera tion of One and no /100 Dollars '($1.00), to them in hand paid by the said party ofthe second part, the receipt whereof is hereby acknowledged, do Grant, Bargain, Sell, Convey, and Warrant to said party of the second part an Ease- ment in perpetuity for public road purposes., in, under, and over the following described property situate in the County of Hennepin and State of Minnesota, to -wits IN WITNESS WHEREOF, The said parties of the first part have hereunto set their hands and seals the day and year first above written, In Pr ence of: A—I e2 N" STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN On this l day of Mont , A.D. 19 before me, a Notary Public within and for said County, personally appeared ;flu I$lN�lt $� ,� � s�1�• and � and , to me known to be the persons described in and who executed the foregoing instrument, and acknowledged that they executed the same as their free act and deed. (Notarial Seal) J. N. DAtEN Notary Public, Hennepin County, Mit)M. My.Co. n c. ;: ires July 24, 1 t 6448"74 MjWSIEKED VOL 9 PAGE 534 0.. E OF ,, LES F OF her b", r,:! G:1 t RANSFER ENTERED AUG 31 1960 . FIT MMONS, AUDITOR P. UNTY, N. PUTY 4„ is A 4r , 212398 ..L *low... ....................... ......... ............................... DEPARTMENT OF AY"S i (HIGHWAY EASE ENT) _ IU t ...... ..... ?t :.... r W 1 ..... ............. ..........i�C.. :.C�'�' :^�•.. ,. I' otate of innes;ota, 8S. County o NNEPIN Of ......................... ............................... Office of Be _filter of Deeds. I hereby certify that the within in- strument was filed for record . in this office, fcce on the... ......day of ......... ........ , 19.`T...., at...':!7 ...,o'clock ..... .......�I., and that the same was dusty recorded in Book ..... 16D ............. of ...........De lft:. ................ on pages....... 2.08 .... e:t C... ARTHUR R. FERRIN L.. '. 41 � A t r o b p h. Zi �b D t 4 R 't coo No. 2618 — Highway Easement— (Revised 1989) Miller -Davis Co., Minneapolis, Minn. Preparedby ................. ............................... Checkedby .................... ............................... ITw. HIGHWAY EASEMENT c") William Kopip. and Gertrude .Anna Kopp .,, husband and �wif e ( rantorX..., of Edina ......., Minnesota, for and in consideration of .................................................................................. ............................... One...end...00i 100.....'.'.- -.-.-..-- .............I�ottar8 (�' ... 14°0.......... ......... ) receipt of which is hereby acknowledged, hereby convey ... B ..... and warrant..11 ....... to the ..... g .ag'e....o .. XdLux .. ..................................................... ..............* grantee, for highway purposes, together with the unrestricted right to improve the same, free and clear of all incum- brances, the following described real estate in the County of. ...... 8l1IISQII in the State of Minnesota: .......................... . ..•- West 30 feet Lot 1 Garden Park Addition Hennepin County, Minnesota 'Pest 30 feet Lot 3 Garden Park Addition Hennepin County, Minnesota Nest 30 feet Lot 4 Garden Park Addition Hennepin County,Minnesota Nest 30 feet of North 110.4 /10 feet Lot 5 Garden Park Addition, Hennepin County, Minnesota* 11l1 "1l; llia- And the said grantor ........ for themselves, their heirs, executors and assigns, do........ covenant never to cut, damage. destroy or remove any tree or shrub or other natural growth upon the hereinbefore described premises for the continu- ance of $di ance of this easement, and does hereby grant and convey to the ...................... .. �' i.._......_......_.._....._ 41$ .................... ........ .................. all grasses, shrubs, trees and natural growth now existing on said lands or that may be hereafter planted or grown hereon. holftl5 f, his - And the said grantor ......... for themselves, their heirs, executors and assigns do........ hereby release the .............................. ............................................................ ......... .......... ........4i], "11... of ... mna...................... ............ .......................... ...................... --- ...... its successors and assigns, from all claims for any and all damages resulting to the lands through and across which the parcel of land hereby conveyed is located by reason of the location, grading, construction, maintenance, and use of a public highway over and upon and the removal of materials from the premises hereby conveyed and from the uses incident Villaa o.. Edina _....... _ ..................•-••....----•--•-.............................................._._... ............................... thereto, and the ............... tte _._..............._. _........ shall have the right to use and remove all earth and other materials lying within the parcel of land hereby conveyed and the right to construct and maintain, upon the lands adjoining the parcel hereby conveyed, such portable snow fences dur. in¢ such months as weather conditions make necessary. And the sat gra ..... mselves, their heirs, executors and assigns, do........ furthe con- struct, erect, or maintain or allow or su e n to constr i or bill board or other advertising device upon the lands adjoinin r than one hundred (100) feet from the said in writing shall have first been obtained from Dated this .................... 29th................... day of ........... NS2X�?. T. ............... ................ , 19.....1. In presence of: :..... ........... ...c........................... -^ L T�' fitness.........- .......� ...................... --- s,..... )(................................................. ...........�i31/Jt.2,�- ........ . ZVitness........................ ............................... /..... DIST-RIOT COURT CO-10"TION NO. 1�7 STATE OF XIIWESOTA COLTM OF IZYIEPIN- - - - - - - - - - - - DISTRICT COURT FOURTH JUDICIAL DISTRICT In the -`Ntatter of Condemnation by the Village of Edina of Cextain Lands and Interests FINAL PJ:,PORT OF' COMISSIONERZ, therein in Hennepin County for Public Road'Purposes TO THE DISTRICT COURT OF IM,=PIX COUNTY, INIMMOTA, The undersigned commissioners, appointed by the District Court of Hennepin County on November a. 1960, do hereby report that) baving t4azen oath., we met at the time and place 4escribed in the order making our appointment andbave now viewed the properties hereinafter described., which are the properties ordered and authorized to be condemned, and heard the proofs and allegations of the respective parties interested therein; and that we ascertain and determine that the amounts of damages to be paid as compensation for the taking of the hereinafter described real estate, which was ordered and wathorized to be conAemned, are as follows z. The West thirty (30) feet of that part of Lot 1,, Garden Park Hennepin Co. Minn,,, according to the map or plat thereof on file and of record in the office of the ReSister of Deeds in and for Hennepin County., Minnesota, describedae :�"`ollovs, to-wit- Beginning &b the Northwest corner of Lot 1., thence Northeasterly along the South line of State Highuay 169; a distazice Of 150 feet; thence Southeasterly 181 feet, to a point 174 feet East of the West line o"L:* said Lot 1; thence West 174- feet to the West line of said Lot, 1; thence North along the West line of said Lot I to point of beginning. Names of persons interested in said parcel and the nature of their interest are as follows- Reme Winston G. Granger Carol V. Gr4nger Ben Franklin Federal Saving-'s and Loan Association Nature of InteE2at Fee Owner Fee Owner Mortgagee -1.. Amount of Award. ?00, 0o INGROS� and we report that in the perfoniance of our duties *1a Oomiasionera p we were occvp�e�d days to date., and that we wre attended by Dorsey., Owen,,, Barber., Plarquart & Windhorst,,, attorneys for tb-e petitioner.. and by the cmaiers of the land and their representatives. Dated at Klnneapolis,. Minnasota., this 61. – Z— of 19 -, J=- �� - - , j- Charles Ande�-OOY-A Commissioners .'a1y ke'y: �Y N/4t'Sd V i r i , t + ' 9":Y tl]is W6a N y ftbxw y 17, 1911 } S Mr. Thos. S• tricksoa i Horsey, &an, Barber, Usiquart 04 Wiadholrbt first National Bank igildios ".ww"apolis 2, mimmsota y^, 'V. Do a: 1tr. srictsent let A. Grasser- Condemnation ft are enclosing beva*ith over chick loo. 16001, +vaunt $1.900, drAm to the order of Winston 4. Granger and Carol Y. Gransor sad fen Franklin 3MLO end toga Association, for damages awarded in the mattar of the vill�e carat.►_ ,. *ties of "Us host 30 feat of a part of Lot: 1, Garden lark". F As we told you 'over the phone today, if the appraisers will send in tboi r statements before Thursday, paynent, can be made at the Council Meeting of the 27th, Yours very truly, y r 4 s }� Yillw Clerk sea: , t + y DoRSEY, OWEN, BARBER, MARQUART a WINDHORST JAMES E.DORSEY (1889-1959) DAVID E.BRONSON MAYNARD B.HASSELOUIST KENNETH M.OWEN PETER DORSEY HUGH H. BARBER GEORGE P. FLANNERY DONALD WEST CURTIS L.ROY WALDO F. MAROUART ARTHUR E.WEISBERG JOHN W.WINDHORST DUANE E.JOSEPH HENRY HALLADAY JOHN W.JONES JULE M.HANNAFORO JAMES S.VESSEY ARTHUR B.WHITNEY CHARLES 0. HOWARD JOHN G.DORSEY WILLIAM A.WHITLOCK RUSSELL W.LINDOUIST THOMAS M.BROWN DAVID R.BRINK CORNELIUS D. MAHONEY HORACE E.HITCH THOMAS S. ERICKSON VIRGIL H.HILL EDWARD J.SCHWARTZBAUER ROBERT V.TAR80K MICHAEL E. GRESS D[FOREST SPENCER PAUL G. ZERBY ROBERT J.JOHNSON Mr. George Hite Village of Edina 4801 West 50th Street Edina, Minnesota Re : Dear Mr. Hite: LAW OFFICES FIRST NATIONAL BANK BUILDING MINNEAPOLIS 2,MINNESOTA FEDERAL 2 -33SI W. G. Granger Condenmation January 31, 1961 I enclose herewith a copy of the commissioners' final report in the above matter. This report was filed January 30, 1961, and notice of the filing of award has been given to the parties concerned. This award is quite a bit more than we anticipated and certainly feel it is quite a bit more than the actual damages sustained. However, in discussing the matter of an appeal with Ed Schwartzbauer, it was his opinion that should we try -the matter before a jury the Village would not fare any better. Any con- demning authority has a difficult time before a jury and it has been Ed's experience that the award made in the commissioners' hearing is usually a base on which the jury determines damages. Therefore, we do not recommend an appeal in this matter, but will do so if you so desire. Please advise us as 'to what you wish us to do. Very truly yours, DORSEY, OWEN, BARBER, MARQUART & WINDHORST B y : Thomas S. Erickson TSE:de Enclosure �5 OF COUNSEL LEAVITT R.BARKER LELAND W. SCOTT P. S. I expect you will require vouchers before paying the Commissioners. If so, please send to me three sets of vouchers, one for each Commissioner. J