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Home My WebLink About1148JAMES E.DORSEY 0999 -(959( DORSEY, OWEN, MARQUART, WINDHORST & WEST DAVID E. BRONSON EDWARD J. SCHWARTZBAUER KENNETH M.OWEN THOMAS M.BROWN DONALD WEST CORNELIUS D: MAHONEY LAW OFFICES OF COUNSEL WALDO F. MARQUART THOMAS S. ERICKSON LEAVITT R. BARKER JOHN W.WINDHORST MICHAEL - BRESS LELAND W. SCOTT HENRY HALLADAY PAUL G. ZERBY- 2400 FIRST NATIONAL BANK BUILDING HUGH H. BARBER JULE M. HANNAFORD RAYMOND A. REIST €R,�' ARTHUR &WHITNEY JOHN J. TAYLOR JOHN G. DORSEY BERNARD G. HUNZEN M INN Z A P O L I S, M INN. 53402 RUSSELL W. LINDQUIST WILLIAM J. HEMPEL DAVID R. BRINK JOHN S. HIBBS HORACE E -HITCH ROBERT O. FLOTTEN T E L E P H O N E CABLE ADDRESS: VIRGIL H_ HILL MORTON L. SHAPIRO 332 -3351 ROBERT V. TARBOX JAMES E MEEKER AREA CODE 612 DOROW DEFOREST SPENCER JOHN D. LEVINE ROBERT J.JOHNSON ROBERT J. STRUYK MAYNARD B.NASSELOUIST PETER DORSET MICHAEL A. OLSON LARRY W. JOHNSON June 16, 1966 GEORGE P. FLANNERY ROBERT A. JENSEN CURTIS L. ROY THOMAS SHAY ARTHUR E.WEISBERG DUANE E.JOSEPH CURTIS D.FORSLUND G. LARRY GRIFFITH , 1 - f ,.Y ..� f FREDERICK E.LANGE CRAIG A. BECK ��✓ JOHN W.JONES DAVID L.McCUSKEY JAMES B.VESSEY THOMAS 0. MOE WILLIAM A.WHITLOCK JAMES H. dHAGAN +L CHARLES O- HOWARD JOHN M- MASON Mr. Warren Hyde Village of Edina 4801 West 50th Street Edina, Minnesota, Re; Tholan Declaration of Restrictive Covenants Dear Mr. Hyde; Enclosed herein please find a. carbon copy of the letter which I today sent to Mr. James Tholan. You will note that there is a, reference to a bill for our services rendered made in the letter. Pursuant to instructions from Mr. Whitlock of our office, I billed Mr. Tholan $20 for our services in connection with recording this Declaration. The reason the bill ran so much for recording was that there was a problem as to the recording of this Declaration which had to be worked out with the Hennepin County Torrens Office, I also enclose herein for your files a, xerox copy of the attested copy of the Declaration. If you have any questions concerning this matter, please feel free to contact the undersigned. Very truly yours, DORSEY, OWEN, MARQUART,WINDHORST & WEST By � , 4 Loren R. Knott LRK/jj Enclosures w T M ^ ATTEST 6EN K. AllfS011 � REGISTRAR OF TIT 69 oENTA' R. CXARATIO ' AB, jam" W. Tholen and Maria= TYax,IAM, husband and "rife, sowtima3s hereinafter called "Dec rants "y aro they fee owners of a certain Wool of VroPerty 143.3 feet wide and approximately 648.06 feet desp situate in the VilIA&ie of ldina, County of Rennepin, State of rd nnesota, leaA14 described as follow: Tract A, gegistered Lund Survey go. 246, files of the 90gistrar of Titles f Beamnepiu Comtdr, Xnneaata. XRFdS, said property has beena. IrVrovod 1W the comastructi C other good and valuable conalderstion.4 the receipt wd sufficiency Of vhich, are hereby acknowledged by said Daalarants, the Declarants do hereby imwaxe the following corranantd MA �Vwetrictiona upon the aboYe- des cribeQd paropertr 1. The Peaianate, their be ra, successors " assigns, will not ouWYUW said Tract A, Registered Land Survey No. 246, vitho st first ping to t1W Villager of Woa the arum of -OT 9110 interest thereon at the rate of 5% l AUUM froft December 31, 19650 to the date of payment for ooch lot $z excess of one into which said property is dlYU%d (the said scum of W.01 being the principal, balance owing on one assessm At for Sanitary ' k Sever No. 199 and one assessuent for Tma Watermain So. 1?1). Vpm receipt of the ant provided for heroin, the 'Pillage of gdin& awes 4 the 40e tsu* hereof *to release bqr rs vrittens recordable U*trv=nts the toyeftatt aril restrictions herein contained as to the area fox vhtch psymat: is mB►dej provided that if ar4r sres4 for which payment is so made is large emugh under the them applicable ordinances of the UUage to again be subdivided, than the covenants and restrictions herein contained, U4 the riots W "VoWma of the Village of Sdim terrain contained. shall coAtitum in �rtrce wA +moot as to said area, wA said sum of W.0T, vith :lzteroat Oamm)d.., sball likewise be pseyable for eyach lot in MOSS of one into vb ch said paid for area is subsequently subdividedp and said release shaIl so pif for such mat of said sum, 2, fte cavuMmts and. restrictions heroin contained sbali ran with said gropertV sxA shall. bind Deci.ararft p tbm i r Wrg s r cesetsors and assi all Vrasent s4 future owners of all or srpr part of said property, for a pmJxA of thirty (30) yom from the data hereof. 3. The r venants and restrictions heroin contained aball be for the b writ of the Village of Sdim and 44 the ovent the De+claranta, their heirs, 'suasors or asaignse, dozatruct err attet to construct, in oUltiunn to Ue veslide l.00a►ted tbsr zi# wW ros$Aomms or bulldiW inowntal thereto op► ww pert of said in vioUtion of the teams he rWv Sueb we wW be enjoined ota the vOt of the Vide of gall% ern tbough they ham caused to the DecUMtz, their betas, auc- ceasorp or asst 'za t by the! grant of ouch an tn4vAction is gmteer than the barn ce eed the VilUgo Of Rues W the deeaW VitrOOt. West and Wroth the c3 mmats and restrictions gain cOUftined Ord aomPlied xitb, the VnUp at SAlza $ban Matte oblUated to peat the subdivision of 1ed Vrr ar to iue a b t i'or tb* es ruction on said V'opaty w# ICY' redidaboas or by ldlop naid"tetl tbomto in addition to the MUWom ` v looated thore0a. 4.L U ocwiUratim of the •ttetticta gJ"A tW US 'V'l.U&P tO thus Docent n US Ur= 'beereof sbaU be b iadi�e upwa Deraiesranta for a VwUd of 60 d$p or uatU this Dool oration 'bas bmm ra O*ted W the VM40,0 u3zi ae eaoneer, and ebaU not be blvAI rsg vpon tie VW.694 vata it sb%U bwm beft 400apt4d 14 Witing in the c* p wide d at tbo toot bftvw►t. V thlr Dec"ration Ss accepted bV the Village, within said 60 OW PwJ,0dv thin Dbt 7.aataUOU ' ab . be lbbAlng VPOh DOaar"U * tboIr I*ira3 $00 9"Ors ""Ps at zd to tb* term h*ro4t, atad DaeeUxanu aj"O to rellbuxbs the V;fi w f(w the Vie# Aud a we s of " or4log tbia olaratUw- Ig VnJM $ the De OIALV" U b ee b*Ttmty 90+4 tbtir Wft t*bU Of �,.., !�� , cL� , 1964. e ./ . . Y e r iTi� 1 e ] ote 14 ttin d for "JA WuUtY, pgra"OUy end JAM hueba • WA Vitt r $0 m to bet tbee. POM= described in aad vho mcuterd the foregoing irstrument wA ack lad ►4 %hat that' smauted the sam as their free act and deed. (Iar3e►�. jai j C�.�.� --�-� ;JANET LIST Notary Public, Hennepin County(, RRfM M: r'mmmia:•ion Expires Dec. 14, 1971. CONS -BUT ' kae uWa reigmil'o mortgagee oi' they pvperW described io the tare ping DeclaratUm o do bftvtV consent to the ccr*nants and restrictions OO&AIA*d the"i n and does I reby' subordinate the =469 e'S UtOrest to the pwi#iara tboreot. WM WMSWj. thw said lortppe bas beft=to Net its WA Sad 8061 the G9 , dw of .��«... .... X96 . i ' „iiI tLk; i IMIOM BABA Of HDOM WM this Of '�r�rrriG 7.�y�X.r..i.,..ri.:� IqiL,(, - before m # Notaz7 ftblic irMin a44 for said Co ntY! personalAr appeared and o& ,. --t �_" s to -mw pe rso =111 kwwn! vho, being each bV so 4-Ay avorn did mW that tbey as respectt the and the aTI. %a Op ItopxMIS, the =%jo : banking association nalned in the foregoing Instrtmcielat, and that the seal affixed d to sold instrwout is the corporate seal of Said 'nat%iwl ba&Az& aswoiatIon.. ai Ad that said ins lot WX sigwd and sera .+ ist barUlf at said laatiat ♦ bal*UW as0001ation by autb=:Lty of its Board of Director$ *Ad 04id axe act a l+ed d said i =trawat to be the tree act aad deed of said iaat ,oftl bankU% association. rum MW +y, do'1 , HenneDija cwmit �r y Commisaian Expire& Dec. 14,.1971. \ (sotars.l saa].) - ACCgPTAN.C__I The Viiiagea of Edina bereby accepts the fomoxng DOciaration aaA ra Vmosl to bs bo=4 by tb* terms► tb*r * sa:'. 3 1` WMM VMMFo the ViItge of Edina by Its myyor sand "nsgor bad bamuntr� its h a weal this of V UAGR 4 rOMA ' T • W� r r(? rn�r.n.a STAS W WM) )? 00mr OF ter') on this iz Oq or -;�- -� 1 ,, e�ore me►, ] of ,.I ptala �withjA and fr said Canty$ pers►Q�' appSa►red Art�il�r C. bmdwono jr , iftrxon C. Vie, to 20 p*r$*UO Y knO*'6, *�*, being esoh br V* Wy aaom did !sW that they are respectively tho UVW and *Dagear 6 o:r the VUU& of EAU*, tbo z=ic 4 emWzt3oa named in the foregoiAg 1181trVvent, Oa tYae►t tbo stet s hied. to sold its nt is tb* colvorate or said =mIcip a corporation, oad that said instr%WMAt uea Signed ga sealed In taha .f Of Said MU14- 1*1 CorV*r<3tion by aautbority of 'it& ViJlage Cosa qU and said ,Atirtiiur C. USeo, Jr. Aud 'Wren C.. aalmovrioi4o4 acrid JmUu wv* o be tba free act wA de *a or said =mioipal *'t* FLORENCE B. HALLBERG Notary Public, Hennepin County, IKIM My commission Expires Dec. 31, 1971 �i in 0 elf iad r" 4 Of 4a Ike; is P M ca 0 4! iA L: w. C, fr i 4z 41 DFFIrE OF REGISTRAR OF TULLtx•, cc�' '.NENN TY C I n on day ol find A. 1 9166 at L) 'dock -o c A' OF T E REGIS ITL _IR R T BY DEPU RFGISTRAR a elf iad r" 4 Of 4a Ike; is P M ca 0 4! iA L: w. C, JAMES E.DORSEY 11989 -,9591 DAVID E. BRONSON EDWARD J. SCHWARTZBAUER KENNETH M.OWEN THOMAS M. BROWN DONALD WEST CORNELIUS D. MAHONEY WALDO F. MARQUART THOMAS S. ERICKSON JOHN W.WINDHORST MICHAEL E. GRESS HENRY HALLADAY PAUL G. ZERBY JULE M.HANNAFORD 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 VTARBOX JAMES F. MEEKER DEFOREST 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 S. 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 O. NOE WILLIAM A.WHITLOCK JAMES H. OOHAGAN CHARLES O.HOWARD JOHN M. MASON DORSEY, OWEN, MARQUART, WINDHORST 8& WEST LAW OFFICES 2400 FIRST NATIONAL BANK BUILDING M I N N E A P O L 15, M I N N. 5 5 4 0 E TELEPHONE 332 -3351 AREA CODE 612 November 22, 1965 Mr. Warren C. Hyde, Manager Village of Edina 4801 West 50th Street Edina, Minnesota 55+24 Dear Mr. Hyde: I am enclosing herewith the revised form of Declaration for execution by Mr. James Tholen. We have re- worded many of the terms in light of our experience with this and the proposed Briggs' and Carlson declarations and I believe that the enclosed form can serve as a model in event of future declarations of this type. We will keep a copy of it in our files and I think it probably would be well for Mrs. Wright to keep a copy also so that proposed declarants can get some idea of what we will be requiring. If the enclosed declaration is agreeable with Mr. Tholen, it should be executed by him and his wife before two subscribing witnesses and their signatures should be acknowledged before a notary public. In addition, the Northwestern National Bank of Hopkins, which holds a mortgage against such property, also should execute the consent. Thereafter, the declaration should then be submitted to the Village and formally accepted on behalf of the Village by the Mayor and the Amager. Then the entire document should be filed and thereafter the Tholens can be billed for recording costs. The original and one copy of the enclosed declaration are for the Village. The other two copies are for the Tholens and the mortgagee. Should there be arW questions at all concerning this, would you please call me. Very truly yours, William A. Whitlock WAW :me Encs. OF COUNSEL LEAVITT R. BARKER LELAND W. SCOTT HUGH K BARBER CABLE ADDRESS: DOROW JAMES E.DORSEY (1889 -1959) DAVID E. BRONSON EDWARD J SCHWARTZBAUER KENNETH M.OWEN THOMAS M.BROWN DONALD WEST CORNELIUS D. MAHONEY WALDO F. MARQUART THOMAS S ERICKSON JOHN W.WINDHORST MICHAEL E. BRESS HENRY HALLADAY PAUL G. ZERBY JULE M- HANNAFORO RAYMOND A. REISTER ARTHUR B.WHITNEY JOHN J. TAYLOR JOHN G. DORSEY BERNARD G. HEINZEN RUSSELL W. UNOOUIST 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 DEFOREST 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 S. HAY ARTHUR E.WEISBERG CURTIS D.FORSLUND DUANE E.JOSEPH G. LARRY GRIFFITH FREDERICK E.LANGE CRAIG A. BECK JOHN W. JONES DAVID L. M.CUSKEY JAMES B.VESSEY THOMAS O. MOE WILLIAM A_WHITLOCK JAMES H. OOHAGAN CHARLES O. HOWARD JOHN M. MASON DORSEY, OWEN, MARQUART, WINDHORST & WEST LAW OFFICES 2400 FIRST NATIONAL BANK BUILDING MINN EAPOLIS,M INN.55402 TELEPHONE 332 -3351 AREA CODE 612 October 19, 1965 Mr. Warren C. Hyde, Manager Village of Edina 4801 West 50th Street Edina, Minnesota 55424 Hear Mr. Fide: We are enclosing herewith original and three copies of a proposed Declaration to be signed by James W. Tholen and his wife and by their mortgagee,, if a1rW. You might have Mrs. Wright take a look at this Declaration-to see that I have accurately figured the assessments and balance owing. If the enclosure meets with the approval of you and Mrs. Wright, then it should be submitted to Mr. Tholen with the request that he and his wife date., execute and have their signatures witnessed and acknowledged and that the same be done by the mortgagee of the property. He should then be instructed to record the original copy with the Registrar of Titles and to provide us with evidence of such filing. If there are any changes that should be made in the Declaration., would you please let me know so that I can take care of them. Very truly yours, William A. Whitlock WAW:mc Encs . OF COUNSEL LEAVITT R. BARKER LELAND W. SCOTT HUGH KBARBER CABLE ADDRESS: DOROW Mr. Whitlock: Can you work something out? August 200 1965 Mr. James W. Tholon 603 Washington Avenue South Edina (Hopkins'P.O.)OMinnesota Dear Mr. Tholon; Your inquiry concerning the special assessment$ on your property described as Registered Land Survey #246* Flat #76621# Parcel #4000, Tract A was received during the eriod of the vacation of our person in charge of special assosam6nts- it is unfortpunate that you did not raise the questions prior to the time that the assessments for the project were levied it is most difficult to re-open assessments once they have been determined* You were seat a notice of the assessment hearings an these projects and I do not believe you made any inquiry at those times. The matter will be on the agenda of the meeting of the Council on September 7. In the laeantitoes I = asking our attorneys to prepare an agreement in line with your statement that you would be willing-to Pay for any adaitional lots that may be created in the future. I will recommend to the Cou4oil that the remaining three-fourths of the assessments for trunk sower and trunk watermain be canceled subject to your entering into an agreement that when the property is subdivided each additional lot created will be charged the balance due plus interest. This would mean that you would pay the assessments due In 1965 because they have been certified to the County and it is difficult to secure Cancellation Of such items. The village will also be incurring some additional cost for legal services to draw up the form. Very truly yours* Warren C. Hyde Village Manager WCH/raa cc: William A. Whitlock Mr. Hyde: August 18, 1965 Re: RLS #246 603 Washington Avenue South, Hopkins James Tholen I talked to Dick Fredlund on the possibility of this property being platted in the future. 1. At this time there is no possibility of platting 2. There could be a zoning change in the future. 3. I suggest that we cancel three assessments for Sewer and water, trunks and put them on a deferred basis and if platting or re- zoning takes place we will levy the deferred assessments at that time. LBW Sanitary Trunk Sewer 199 $672.80 - 4 Lots $168.20 - 1 lot $504.60 - To be deferred Trunk Watermain #171 $459-2 - 4 lots $113.98 - 1 lot $341.94 - To be deferred J � June 30,1965 Vill ageof Edina Edina,Minneaota Mayor and Councilmen, I, James J. Tholen who resides at 603 Aashington Avenue South (Cty.Rd.#18� have some questions as to the assessments changed to my property. The description of the land is as follows: Reg. Land Surve .`246 lat #76621 Parcel ,4000, Tract y o i-s—T43.3 feet wl e, a ng 1RMM-T-ngtDn enue South and is 648.06 feet deep. After seeing the cost of water and sewer from the assessor andtalking with the engineering Department, it is my understanding that I am fretting charged for 4 lots on the trunk sewer and water lines, but only one assess- ment on the lateral. I do not see how it is feasible to split this parcel into 4 lots as the lots would be much too small after giving some land for a road and so on. I realize that I should have to ray more than a normal lot. I would be willing to sign an agreement, whereas, if I split this parcel, I would pay for any additional lot or lots plus interest as I am bounded on the North and on the east by the Grandview Cemetery, Granted, Plat B, south of my property is owned by Mr. Lindbery, and opened, which may some day be develop- ed. Also, with the status of Cty.Rd.18, it seems unlikely to me that my parcel wile ever be more than one lot. Feel free to inspect this as you desire. Please advise me on your decision. Sincerely, James W.Th en Mr. Whitlock: Can you work something out? August 20* 1965 Mr. Jaaes W. Tholen 603 Washington Avenue South Edina (Hopkins P.O-)* Minnesota Dear Mr, Tholen: Your Inquiry concerning the special assessments on your property described as Registered Lan4 Survey #246, Plat #766211 Parcel 040009 Tract A was received during the period of the vaization of our person in charge of special asses0frentso It is unfortunate that you did not raise the questions prior to the time that the assessments for the project were levied. It is most difficult to ro-open assessments once they have been daterTAnad' YOU were sent a notice ok t4a assessmont 14eariugs on these projects and I do not believe you made arAy inquiry at those times. The raatter will be on the agenda of the meeting of the council on o3eptember 7. In the meantimat I am asking our attoruoys to prapare an agreement izi line with youx, statement that you would be willing to pay for any ad&,tional lots that may be created in the future. I will recommend to the Council that the remaining three-fourths of the assessments for trunk sewer and trunk watermain be canceled subject to your entering into an agreement that when the property is subdivided each additional lot created will be charged the balance due plus interest# This would mean that you would pay the assessments due in 1965 because they have been certified to the County and it, is difficult to secure cancellation of such items. Thy, will also -be Incurring some additional cost for legal services to draw up the form. Very truly yours, Warren C* Hyde Village Manager WCH/raa cc: William A* Whitlock f' I e.a I'. h�' "l. 'Nt s. war f �a.. 77 Ot * oboo tumor "W " lama$ 00 vuup or SUM b" vwwivw-wt 1. SOMW Tralft � t 4 +M Ul- MIC _ t..: r. 1..' y r •i. 4':.' s d' x'....v n -;:. i*Y' .+.� i6.a ':.a q ..�. a :d. ob*"" Soo) -. - oo - . f. Am" to W _ 404 %"low 4m 00 ONNOW A' Xf t to ,4 **No* * 11% to woo RPWRMWJ O . , "."O ' ._ + toy. `, 'IL 4' AW 11 t ^ 1 41' Fowl 0 0 6,j r 2 ES 0 0 4 3 3 12 4 4 5 5 9 2 2280- 0 8 2 4 3 5 1 2 * Do 1 0 8 2 8 1 0 8 2 8* 0 8 2 a 5 9 7 9 2 6 8 0 7 2 6 8 07 8 0 4 2 1 1 08 2 a 3 2 48 4 1 5 9 7 9 4 7 9 3 7 3 2 4 8 4 3 2 4 8 4 3 2 4 8 4 47 9 3 7 8 0 4 2 4 0 2 0 0 5 5 6 8 2 0 13 98 1 4 1 1 8 7 2 6 0 2 6 8 0 7 2 5 04 8 5 9 1 7