HomeMy WebLinkAbout636JAMES E. DORSEY
DAVID E. BRONSON
KENNETH M .OWE N
LELAND W. SCOTT
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LEAVITT R. BARKER
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HUGH H. BARBER
DONALD WEST
WALDO F. MAROUART
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JOHN W. W I N D H O R S T
HENRY HALLADAY
JULE M. HANNAFORD
ARTHUR P.WHITNEY
JOHN G. DORSEY
RUSSELL W. LINDQUIST
DAVID R. BRINK
HORACE E. HITCH
V I R G I L H. H I L L
ROBERT V. TARBOX
DEFOREST SPENCER P.
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ROBERT J. JOHNSON
MAYNARD B. HASSELOUIST
PETER DORSEY
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GEORGE P. FLANNERY
CURTIS L. ROY
ARTHUR E. W E I S B E R G
7
b y
GREGG S. ORWOLL
JOHN W. JONES
D U A N E E. J O S E P H
ROBERT E K
DORSEY, OWEN, BARKER, SCOTT & BARBER
ATTORNEYS AT LAW
,Tune 28, 1957
FIRST NATIONAL SOO LINE BUILDING
MINNEAPOLIS 2. MINNESOTA
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TELEPHONE FEDERAL 2 -3351
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Village of Edina
4801 West 50th Street
Minneapolis 24, Minnesota
Re: Lot Twenty -two (22), Block One (1), Southdale Third Addition, and
Lot Twenty -seven (27), Block One (1), Southdale First Addition,
according to the plats thereof on file and of record in the of-
fice of the Registrar of Titles in and for Hennepin County, Minn.
Gentlemen:
We have examined the title to the above- described premises
as shown by Torrens Certificates of Title Nos. 254112 and 210267.
Based upon such examination, we are of the opinion that the fee title
to said premises is vested in THORPE BROS., INC., a Minnesota corpor-
ation, free and clear of all liens, charges and encumbrances, except
as follows:
1. Prior to the date of closing on this transaction, title to
the above - described property was conveyed to Southdale Realty CoMany,
a Minnesota corporation, who then, in turn, conveyed it to the Village
of
2. Lot 22, Block 1, Southdale Third Addition, s subject to
cei''li =estee+s ent No. 501737,
Files of the Registrar of Titles. This lot is presently shown as a
part of Lake Cornelia. The restrictions and conditions relate to the
use of the lot for residential purposes only and go on to define cer-
tain particulars with respect to any structure which is erected upon
the property. It appears quite obvious that the real intention of the
parties was not to limit the use of this property to residential pur-
poses, since it is under water. We have been furnished with an affi-
davit signed by Mr. Roy A. Moberg, Treasurer of Thorpe Bros., Inc., to
the effect that it was not the intent of Thorpe Bros., Inc. to have
that restriction apply to Lot 22, Block 1. The only sure method of
removing this restriction is to name all of the property owners and
mortgage holders in Southdale Third Addition in a proceedings subsequent
DORSEY, OWEN, BARKER, SCOTT & BARBER
Village of Edina 2 June 2$, 1957
to prove that the restriction was filed erroneously. This would in-
volve considerable time and expense whichthe Dayton Company was un-
willing to undertake. Accordingly, this transaction was closed on
the basis of their furnishing us with the affidavit of Mr. Moberg,
and we shall keep that in our files in the event a property owner in
Southdale Third Addition ever questions the Village's use of this
property.
3. Taxes for 1956 and prior years are paid in full.
This opinion is limited to the matters shown by said Torrens
Certificates of Title. All matters not so shown are excepted from this
opinion and include;
(a) rights of any parties in possession;
(b) possibility of liens for improvements in process or completed on
the premises within the last ninety (90) days;
(c) general zoning and building laws and restrictions;
(d) special assessments; and
(e) matters which an accurate survey of the premises would disclose.
Very truly yours,
DORSEY, OWEN, BARKER, SCOTT &
By W..r„r�
DEJ:DAv plgp�
JAMES E. DORSEY
DAVID E. BRONSON
KENNETH M .OWE N
LELAND W. SCOTT
L E A V I T T R. BARKER
HUGH H. BARBER
DONALD WEST
WALDO F. MARQUART
JOHN W. W I N D H O R S T
HENRY HALLADAY
JULE M. HANNAFORD
ARTHUR F;.WHITNEY
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
ROBERTJ.JOHNSON
MAYNARD B.HASSELOUI!
PETER DORSEY
GEORGE P. FLANNERY
CURTIS L.ROY
ARTHUR E.WE158ERG
GREGG S.ORWOLL
JOHN W. J O N E S
DUANE E.JO5EPH
ROBERT E.KAUL
DORSEY, OWEN, BARKER, SCOTT & BARBER
ATTORNEYS AT LAW
June 28, 1957
FIRST NATIONAL SOO LINE BUILDING
MINNEAPOLIS 2,MINNESOTA
TELEPHONE FEDERAL 2 -3351
Village of Edina
4801 West 50th Street
Minneapolis 24, Minnesota
Re: All that part of the South one -half (S 1/2) of the Northeast
Quarter (NE 1/4) of Section Thirty (30), Township Twenty -eight
(28) North, Range Twenty -four (24) West, Hennepin County, Min-
nesota, lying West of the Westerly right -of -way line of Valley
View Road and East of the following- described line: Beginning
at a posit in the North line of said South one -half (S 1/2) of
the Northeast Quarter (NE V4) Three Hundred Twenty -nine (329.0)
feet West of the West line of Brookview Avenue as platted in
PEACEDALE ACRES, which point is the Southwest corner of Lot Two
(2), Block One (1), BOURGEOIS ADDITION; thence running South-
easterly to a point in the Westerly right -of -way line of Valley
View Road, which point is ninety -seven and three - tenths (97.3)
feet North as measured at right angles from the South line of
said South one -half (S 1/2) of the Northeast Quarter (NE V4)
and there terminating.
Gentlemen:
We have examined the title to the above- described premises
as shown by Torrens Certificate of Title No. 262453. Based upon such
examination, we are of the opinion that the fee title to said premises
is vested in SOUTHDALE REALTY CCMFA ,. a Minnesota corporation, free
and clear of all liens, charges and encumbrances, except as follows:
1. A warranty deed to the above - described property from Southdale
Realty Company has been delivered to us, and this instrument has been
filed with the Registrar of Titles.
2. Taxes for 1955 and prior years are paid in full; taxes for
1956 are one -half paid. The Dayton Company made an arrangement with
the office of the Registrar of Titles whereby they accepted the deed
for filing with only one -half of taxes paid, since the conveyance was
to a municipal corporation. They, of course, will have to pay the
second half of the taxes due on this property.
DORSEY, OWEN, BARKER, SCOTT & BARBER
Village of Edina 2 Jhne 2$, 1957
This opinion is limited to the matters shown by said Torrens
Certificate of Title. All matters not so shown are excepted from
this opinion and include:
(a) rights of any parties in possession;
(b) possibility of liens for improvements in process or completed
on the premises within the,last ninety (90) days;
(c) general zoning and building laws and restrictions;
(d) special assessments; and
(e) matters which an accurate survey of the premises would disclose.
Very truly yours,
DORM., 0 , BARKER, SCOTT & BARBER
By
DEJ:DAV
We,44" WAlnut 7 -8861
Dorsey00wen Barker,Scott and Barber,
First National Soo Line Builing,
Minneapolis 20 Minnesota.
Atts Duane Joseph
Dear Sirs
VILLAGE OF EDI NA
4801 West 50th Street
Edina 24, Minnesota
August 22 1957
We are enclosing herewith Certificate of Title No. 269392„
District Court No. 10073, recorded on gage 269392 of Volume
888, which erroneously states our address as being 700 Nieollet
Avenue in the City of Minneapolis.
Please have this corrected and return the certificate to us.
Thank ;you.
B',y� /�. y
Encl .
G
A
Yours very truly,
Warren C. Hyde,
Village Manager.
RT -13 2OM
Transfer from Nos. 262453 & 269391
A. D. 1950
Volume 526
Originally registered the 25t
Page 160650
S O'M som;
Co of P ® S.S.
�) "'� Village of Edina, a Minnesota municipal corporation having its
principal place of business a/t7 700tNicollet Avenue in the City of Minneapolis, County of Hennepin and State of Minnesota
is,
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Par. 1. All that part off the South 1/2 of the Northeast 1/4 of Section 30, Township 28, North Range 24, West of the 4th Principal
Meridian, lying West of the Westerly right -of -way line of Valley View Road and East of the following described line: Beginning at a
point in the North line of said South 1/2 of the Northeast 1/4 329.0 feet West of the West line of Brookview Avenue as platted in
Peacedale Acres which point is the Southwest corner of Lot 2, Block 1, Bourgeois Addition; thence running Southeasterly to a point
in the Westerly right -of -way line of Valley View Road, which point is 97.3 feet North as measured at right angles from the South
line of said South 1/2 of the Northeast 1/4 and there terminating.
Par. 2. Lot 22, Block 1, Southdale Third Addition - bic d#g to t}�e plat t erei on file or of record in the office of the
Registrar of Titles in and-for said Hennepinoitnty.
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Fourteenth '647 June /W 57
Donald C. Bennyhoff
By
DEPUTY
nF /:,STATF,.S'_ F,AS'F.MF.NT,- OR CHARGES' ONTHELANDDESCRIBED IN THE GER TIFwATE OF TITLE HERETO ATTACHED.
DOCUMENT
KIND OF
DATEOFINSTRUMENT
DATE OF REGISTRATION
AMOUNT
RUNNING IN FAVOR OF
SIGNATURE OF REGISTRAR
HOUR
NUMBER
INSTRUMENT
.MONTH DAY YEAR
MONTH DAY YEAR
A-M I
PM
Village of Edina (a municipal co
)
Easement for
Granting a perpetual easement fo
4 4l
Utilities
I Feb 1955
Mch 11 1959
2. 0
I
watermains & _ sanitary sewer bur-
_
poses over a
strip of land
12 fb
in w
dth lying c.
& SW of & adjacent to the S line
of the exist
ng 18 foot water
m3an
ea
ement, run i
hrough the S2 of the NEj— of Sec 3
,
Tw-p 28 N R
4 W the centerlinle.
of s
watermairl
easement being desc as fols: Be
at the SE co
of sd S2 of
the
th
run N'0 2
' 30" W alg the E line of sd S2 0
the NE -1 563
59 ft; th r
S 89'
,,;
52'
J 605.95 ft
to the actual pt of beg of the
centerline t
be desc; th-
N
50
' W 191.55
�
ft; th run S 88 13' 30" W 336.81
--S—FE--OVER _ �Uv ill l acc vvcrf
1
CONTINUED
DOCUMENT
KIND OF
oArEOFINSTRUMENr
DATE OF REGISTRATION
RUNNING IN FAVOR OF-
SIGNATURE OF REGISTRAR
HOUR
NUMBER
INSTRUMENT
MONTH 'DAY
YEAR
MONTH
DAY
YERR
nMHOU
ft to the ce
terline of V
lley
View R
ad. Also a
strip of land 16 ft in width run
through the
2 of the NE,- - �
of Se
30,
28 N, R
24 W, & through the NE,— � of the SEu
of sd Sec aO
the centerline
of
sd st
i of landl
being desc as fols: Beg at the SE
cor of the
ft of the NE-1
f sd
Se 30
th run N
v 25' 30" W alg the E line of sd
S2 of the NE
, 563.59 ft;
th ru
S 89°
50' W 605.95
ft; th run S 39° 50' W, 15 ft
to the actua
t of be o
the
center
Line to be
esc; th run S 560 48' 47" E 320 ft
th run S 30
E, 359.4 ft;
th
run s
L30 8' W-473-38
ft; th run S 58 °.10' W, 203.87
ft more or 1
ss to a pt iii
the
N & E
ound lane
f Valley View Road. Also a strip
width rul
throuph
t
S1 of the
NE1 of Sec 30, riti rp 28 N R 24 W
the.centerli
e of sd strip
of land
being
desc as
fols: Beg at the NE cor of sd S-
of the NE,L-
h run S 89°
1' 30'
W, 1
19.08 ft
g the N line of sd S2 of the NE4
to a pt whit
is also 76.08
ft
V of t
e centerli
e of Brookview Avenue as platted
in Peacedale
I Acres; th rup
S 64
10'
4" E, 90.5
ft. Also a strip of land 10 ft
in width lyg
Sally of & ad'acent
to th
SWly line
of the present water main easement
run hr u h
,he S^ of the
NE1 of
Sec
0, 28
R 24 W the centerline of sd
water main e
sement being
desc
as fo
•: Beg at t
e NE cor of sd S2 of the NF,-,L, th
run S 89' 51
30" W alg the
P1 line
of
sd S2 of t
e NE4, 1633 ft to a pt which is 10
e of the
in e ed 1 Acres h run
S 0° 25' 30"
E, 30.85 ft
to the
actua
pt of be
of the center line to be desc; th
run S 53� 37
E, 301.95 ft;
th
S
7° 51' 30"
E, 275.77 ft to Valley View Road.
nn r 1
The Village of Edina (a Minn co _
Quit Claim
from Southdale Center, Inc.
46268
Deed
Tune 1 lq59
June 8 195d
10:1 5
Restricting above land as to
sanitary or
3torm sewers
ocate
with
'n 125 ft C
the well on Track K Reg Land
Survey No. 432.
On Par.
Creating certain restrictions,
Restrictions
reservations & covenants & subject
S
Covenants
June 21 1956
June 2 1956
3:3
to Reservation of Easements
Rights and Privileges with
Respect to utilities, etc.
See Inst On Par. 2.
Village of Edina, a municipal
corp. Granting a perpetual easemeat
5142011
s nt
ct_ 24 iq561 i 61
Oct 30 1 6
0
over a strip of land 20 ft in wi
h
_
lyg within S
c 3 28
R. 2E
W. t
e centerli
e being as ,fol. Beg at the
intersec of
he center lice
of
Talley
View Road
& the So line of the N2 of the
th at an angle
of 53 v 26'
0" sd
an 1
being mea
SIlly from sd So. line of the N1
a dist of 278-02
ft & there
to
inati
ig for sani
ary sewer purposes. On Par 1.
Village of Edina, a municipal coip-
Granting a perpetual easement fo
14202
Easement
Oct 24 1956
Oct 0 1956
0
watermain purposes over a strip
of land 14 f
. in width ruining
throug
i the Soto
the NE-41 of Sec 30, Twp 28, R 24 1
•,
the cennterli
e being desc
as fo
: Beg
at the NE
or of sd S2 of the NE4; th -runnin
So. 8 1'
0" W al the
No. l'ne
of
sd Sl- 6f tle
NEi. 1633 ft; to a pt which is
10 ft E of t
e centerline
of Br
okvie/
Avenue as
platted in Peacedale Acres; th So
Zero Degrees
25 Minutes,
ThirtY
seco
ds E, 30.8
ft; th So. 53' 37' E, 301.95 ft;
th So. 47°
0" E. 275
77 ft
to a
le- iew
a . On Par. I
I
i
i