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HomeMy WebLinkAbout1312...,�iV L1V1 L Form No. 54 -M Minnesota Uniform Conveyancing Bl nks (1931) a� « pore Made and entered auto th s.....�... ..)....S...........da o ..............:: ?............................. is geeell� , . y f 19.....5....., by and between....... J ?HN.. P....,.QEEaQN ...... ; lI g kn own„ la.s .JOHN P. GLEASON and CATHERINE V'. ................ GLEESON, also known as KATHERINE V. GLEASON, husband and wife part i_e.s.._ of the first part, and ..... VTLLAGE.... OF EDINA, a Minnesota municipal corporation .............................. .................. .:...... . ............................................................................ ......................................... ............................... part..Y........ of the second part; WitneigOetb, That the said part...i.es. of the first part in consideration of the covenants and agree- ments of said part ... y...... of the second, art .herein ter contained, hereby sell...... and a ffree...... to convey unto said art........... o the second art a.�success�rs j p Y f p , ........... ............................and assigns, by a ...................... Varranty.. ............................... Deed, accompanied by an abstract evidencin_^ Food title in part.ies.. of the first part at the date hereof, ot• by. an owner's duplicate certificate of title, -upon the prompt and full performance by said part'.......... of the second part, of .............. it.S .............. part of this agreement, the tract...... of land, lyin_' and bein- in the r� _ 1: County of ...... Hennepin .............. ............................and State of .Minnesota, described as follows, to -wit: � #1at y art of Lot 24 Auditor' s - Subdivision Number 196, Hennepin County, Minnesota, . which -lj_ s with--in ^Government Lot 1 in Section 6, Township 116, North Range 21, West of the 5th Principal_ Meridian, which lies Northeasterly of the following described Line A and Southwesterly, South- erly and Southeasterly of the following described Line B: ',�, Line A: Beginning at the East 1/4 corner of Section 6, Township 116, Range 21; thence North 00 degree's 09 minutes 27 seconds East along the East line of said Section 6 a distance of 1960. feet; thence South 78 degrees 48 minutes 33 seconds East a distance of 100.00 feet to the actua Point of beginning of Line A; thence North 78 degrees 48 minutes 33 seconds West a distance of 761.05 feet; thence North 11 degrees 11 minutes 27 seconds East a distance of 50.0 feet; thence 1 North 78 degrees 48 minutes 33 seconds West a distance of 330.0 feet; thence North 89 degrees 04 minutes 48 seconds West a distance of 168.18 feet; thence North 76 degrees 48 minutes 12 seconds West a distance of 5.0 feet; thence Northwesterly along a curve to the right with a raidus of 879.93 feet (delta angle 21 degrees, tangent distance 163.09 feet) a distance of 322.51 feet and there terminating. Line B: Beginning at the East 1/4 corner of Section 6, Township 116, Range 21; thence North _100 degrees 09 minutes 27 seconds East along the East line of said Section 6 a distance of ✓ 1705.71 feet; thence South 78 degrees 55 minutes 40 seconds East a distance of 100.0 feet to the actual point of beginning of Line B; thence North 78 degrees 55 minutes 40 seconds West a distance of 1166.99 feet; thence South 62 degrees 04 minutes 57 seconds West a distance of 309.80 feet; thence South 75 degrees 37 minutes 37 seconds West a distance of 184.38 feet and there terminating. According to the map or plat thereof on file and of record in the office of the Register of Deeds in and for Hennepin County, Minnesota. i' Conveyance of the above described property shall not include the right of access, being the right of ingress to and egress from said property unto County State Aid Highway No. 62, such right of access having previously been conveyed to the County of Hennepin by deed Document No. 3544005, Office of the Register of Deeds, Hennepin County, Minnesota. Conveyance of the above described property is also subject to an easement to the Village of Edina for sanitary sewer purposes as contained in Book 2122 of Deeds, Page 258, Office of the Register of Deeds, Hennepin County, Minnesota. e " 100 PAGE62Z 4 nd said part... y....... of the second part, in consideration of the premises, hereby a &ee..s.. to pay said parti.e,s..,. of the first part, at ....... 3109... Girard, Avenue,. South.,...Minneapolis_,... Minnesota......., as and for the purchase price of said premises, the sum Of....Thirty one.. Thousand Thirty. and No�100 ............... ,�... �......... ......... ......... ......... Dollars, in manner and at times followings, to-wit: .............. I ............................. I ............................. I ........................................................................... !$ 1,000.00 cash, herein paid, receipt of which is hereby acknowledged. $ 30,030.00 with interest thereon from the date hereof at the rate of 3'-2-% P er annum on the unpaid principal balance from time to time due and owing, to be paid as follows: $10,010.00 on April 15, 1966, plus interest accrued to date; $10,010.00 on April 15, 1967, plus interest accrred to date; $10,010.00 on April 15, 1968, plus interest accrued to date. Party of the second part shall have and is,hereby given the right to prepay this ,contract for deed in whole or in part at any time and from time to time without penalty. Any prepayments shall be applied first to interest then due and the balance to principal and the principal allocations shall be applied in reduction of subsequently maturing annual installments in their direct order of maturity. No prepayments shall be made prior to January 2, 1966. Parties of the first part hereby agree that in the event of default hereunder by party of the second part, the only remedy of parties of the first part shall be the recovery of tw p.pp rty by cancellation and termination of this contract for deed pursuant to statute, -, nd c zt -- — ` 5 �io the second part shall have no personal liability hereunder. ` CO o N \ � T i all taxes due and payable in the year 19.6.6.., and in sub Said part_........ of the second part further covenant.5_ -. and agree..S. as follows: to Fay, before penalty attaches thereto, ..... ........ .. .•- -- •-- _._......I.. y y q -y p heretofore or hereafter I jlevied, ................. subsequent ears and all special assessments here - -. i also that any buildings and improvements now on said land, or which shall hereafter be erected, placed, or made thereon, shall not be removed therefrom, but shall be and remain the property of the part ... iP -5. of the first part until this con - tract shall be fully performed by the part.y'........ of the second part; and at ........ its ................own expense, to keep the build- ings on said premises at all times insured in some reliable insurance company or companies, to be approved by the part_.le.S.. of the first part, against loss by fire ....... t^Za,.?1_d5tr4?X"[1? ... 4Z_..eXte;lciecl__ .......................................... ............................................................ ?f l acDdx=k=bvxxkKxrjbxkXxm for at least the sum of.__.tjag...Jf ull_.. insurable_._ Va.............................................. ...................._.... ......................••---..._.........--••--....._....--- ........_.............ftjt=?C payable to said part ... Y_- _ of the first part, .--their ..................heirs or assigns, and, in case of loss, should there be any sur- plus over and above the amount then owing said part --- ieS. of the first part, ..their ................ heirs, or assigns, the balance shall be paid over to the said part - _.y..... of the second part as ------------ its, ................................... interest shall appear, and to deposit with the part) eS... of the first part policies of said insurance. But should the second part.7 ...._.. fail to pay any item to be paid by said -part _.y...... under the terms hereof, same may be paid by first part.ifs.. and shall be forthwith pay- able, with interest thereon, as an additional amount due first pariPls.... under this contract. No. 1005 % — Certificate of Acknowiedgment —By Corporation Miller -Davis Co., Minneapolis, Minn. Mate of........ r! ITNNESgrA ...... ............................... sa. ��� County of .......... MME'. TN ............ ............................... On this ....... I.i.......day of ........... � ., 196 ......, before me, a ................ Notax y... P .ublie .................................................. within and for said County personally appeared Arthur .... C....... Bredesen,... Jr. .... ............................ ancl......... ................Warren..C...... _ Ag ....................................................... ........................ to me personally known, who, being each by me duly sworn .. ............................did say that they are respectively the ................. . NIwnr ......................................... PAsUSM and the .............. Manager ........ ................. ici 1.. ............................of Y.�,. age... O... di ............................. the corporation �y�, ........................................... ............................... foregoing instruments, candy that the seal affixed to said instrument ' t ate seal o f said eorporration, and that said instriaW, At iw- as "sigfned and sealed in behalf of sa&, by authority o f its a ...... Village ... �s� ��.�.:,::....and said .......... Art hur ... C- .... Bredes. en., .... Zr. ...... ............................... ............................and Warren'. .r � ...acknowledd d d ' trument to be, the free act and deed of said m icipal .............. ... & corporation, f Notary. p..... � ... ............................:.. . J... N:............................................ ............................... DA .................................... !Votary Public, H'ennep.n (AW -Mir... my commission expir�kGommission Expires July.L4,.19 ...................1 1 .............. r— But should default be made in the payment of principal or interest due hereunder, or of any part thereof, to be by second party........ paid, or should ........... it ...............fail to pay the taxes or assessments upon said land ,premiums upon said insurance, or to perform any or' either of the covenants, agreements, terms or conditions herein contained, to be by said second par # ... y...... kept or performed, the said part1e.6... of the first part may, at...... U?CIC ........ option, by written notice declare this contract cancelled and terminated, and all rights, title and interest acquired thereunder by said second part .... Y ..... shall thereupon cease and terminate, and all improvements made upon the premises, and all payments made hereunder shall belong to said parties... of the first part as liquidated damages for breach of this contract by said second part .... y ... ., said notice to be in accordance with the statute in such case made. and provided. Neither the extension of the time of payment of any sum or sums of money to be paid hereunder, nor any waiver by the partie.S.... of the first part ... their .... rights to declare this contract forfeited by reason of any breach thereof, shall in any manner affect the right of said part ?:es.... to cancel this contract because of defaults subsequently maturing, and no extension of time shall be valid unless evidenced by duly signed instrument. Further, after service of notice and failure to remove, within the period allowed by law, the default therein specified, said part .... y... of the second part hereby specifically agree?...., upon demand of said part..iES. of the first part, quietly and peaceably to surrender to .......... them .......... posses- sion of said premises, and every part thereof, it being understood that until such default, said part ... y...... of the second part ....... is. .............................to have possession of said premises. At the time of delivery of the warranty deed pursuant hereto, parties of the first part, their successors or assigns, shall also deliver and record, at their expense, all documents necessary to evidence of record their ownership and authority to convey title pursuant hereto. r _ 100 PABE622 M ig Mutuatip 'fgreeb, 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 bind the heirs,, executors, administrators, successors and assigns of the respective part* ,hereto. 3n Scotitrmonp Mbertot, The parties hereto have hereunto set their hands the cry, ckni e. rkrjtx above written. VILLA OP EDINA In Presence of B And Its Kinalker /r hn P. Glees n � s t Catherine V. Gleeson btate of �innegota, sa County of ............. HENNEPIN........................................ On this ...... ............................... ............................day of .... 19.65...., be f ore me, a ...................... N.otaxy- Public ....................................................................... within and for said County, personally, appeared JOHN P. GLEESON, also known as JOHN P. GLEASON and CATHERINE V. GLEW o fe {. known as KATHERINE V. GLEASON, husband and wife h `, .f,. �t fiM" • ` Ir to me known to be the person. s.. described in, and who executed the foregoing instrument, *a* + "Wi; " I edged that .t..he.y.. executed the same as .......... th?eir......... act and deedtAwldt vtr . K t 1....�.. public. ,pill co aft r t1dKy m►t tom+ VM"ce' Notary Pu bUo. .................................... ..............................0 MY Com oga"y, .bfiaist \ o° ,My commission expires .................. ............................... 19 ......... 0: O "II w> A n: 1 � aQ o Z S 0 i ca �. � w _Filed' for record the 26 d La €3 : CA a IIZ , .0 Q � w O of Nov AD 1965 -at 3:20 o'clock P.M• ate. c JAMES E.DORSEY(IB89 -1959) DAVID E. BRONSON FREDERICK E. LANGE MICHAEL A -OLSON KENNETH M. OWEN JOHN W.JONES LARRY W_JOHNSON DONALD WEST JAMES BNESSEY THOMAS S. HAY WALDO F_MAROUART WILLIAM A.WHITLOCK CURTIS D. FORSLU14D JOHN W_WINDHORST CHARLES O. HOWARD G -LARRY GRIFFITH HENRY HALLADAY EDWARD J.SCHWARTZBAUER CRAIG A. BECK JULE M.HANNAFORD THOMAS M.BROWN DAVID L- MCCUSKEY ARTHUR B.WHITNEY CORN ELIUS D.MAHONEY THOMAS O. MOE RUSSELL W. LINDOUIST THOMAS S.ERICKSON JAMES H.OHAGAN DAVID R.BRINK MICHAEL E.BRESS JOHN M. MASON HO RACE HITCH PAUL G. ZERBY MICHAEL W.WRIGHT VIRGIL H. HILL RAYMOND A.REISTER LOREN R -KN07T ROBE FIT V. TARBOX JOHN J.TAYLOR JOHN W. LARSON DEFOREST SPENCER BERNARD G.HEINZEN PHILLIP H_MARTIN ROBERT ..JOHNSON WILLIAM J. HEMPEL JOHN J.HELD MAYNARD B_HASSELOUIST JOHN S. HIBBS PETER DORSEY ROBERT 0- FLOTTEN GEORGE P. FLANNERY MORTON L.SHAPIRO OF COUNSEL CURT L. ROY JAMES F. MEEKER LEAVITT R_BARKER ARTHUR E_WEISBERG JOHN D.LEVINE LELAND W -SCOTT DUANE E.JOSEPH ROBERT J.STRUYK HUGH H- BARBER �-F• ­2!- (,/ 7 IDORSEY, OWEN, MARQUART, WINDHORST a WEST P,1r. George Hite, Village Director Village of Edina 4801 West 50th Street Edina, Minnesota 55+24 LAW OFFICES 2400 FIRST NATIONAL BANK BUILDING MINN EAPOLIS,M 1 NN.55402 TELEPHONE: 332 -3351 AREA CODE:612 CABLE ADDRESS:DOROW August 1 1967 g 7, Re: Gleeson Contract for Deed Dear George: As you know, the Village recently conveyed a portion of the property being purchased from John P. Gleeson and his wife, Catherine, under Contract for Deed. The Gleesons also conveyed the very same piece. both deeds were to the County of Hennepin. The attorney for the Gleesons has now requested that both the Village and John P. Gleeson (Mrs, Gleeson now being deceased) execute an agreement whereby they recognize that the conveyance has been made to the County and stating that any further convey- ance pursuant to the contract shall not include the property conveyed to the County. The attorney for 11r. Gleeson has therefore prepared such an agreement and I have reviewed the same and enclose here- with an original and one copy thereof for execution by the Village. Will you please have the original and one copy duly executed and return one cony to me. The other copy is for your files. If you have any questions, please advise. Very truly yours, n Th as S .Erickson TSE/nh Encls. August 24, 1967 Mr. Thomas S. Erickson 2400 First National Bank Bldg. Minneapolis,.Minnesota 55402 Re: Cleeson Contract for Deed Dear Tom: Enclosed are the ox-ibinal and duplicai:e copies of the agreement relative to Llte Gleeson Contract for Deed which have been sij.,,ned by the Mayor and by Mr. Hyde. YUurs very truly, Village Clerk fbh enclosures II THIS AGREEMENT made and entered into this D4� day of August, 1967, by and between John P. Gleeson., also known as John P. Gleason, a widower and now unmarried, of the County of Hennepin, State of Minnesota, party of the first part; and Village of Edina, a Minnesota municipal corporation, of the County of Hennepin, State 4 of Minnesota, party of the second part, WITNESSETH:' THAT WHEREAS, under date of November 18, 1965, one certain contract for deed was executed by and between John P. Gleeson, also known as John P. Gleason and Catherine V. Gleeson,' also known as Katherine V. Gleason, husband and wife, vendors, and Village of Edina, a Minnesota municipal corporation, vendee, covering certain land in Hennepin County, Minnesota, and described in said contract for deed, and WHEREAS, said contract for deed was filed for record on November 26, 1965, and recorded in Book 100 of Contracts, page 620, records of the Register of Deeds in and for said Hennepin County, Minnesota, and tiTIEREAS, Catherine V. Gleeson, also known as Katherine V. Gleason, wife of first party, and one of the vendors in the above described contract for deed, died on the 7th day of September, 1966, and WHEREAS, the first party has executed a quit claim deed conveying to the County of Hennepin the following described land lying and being in said county, viz.: That part of Lot 24, &.uditors Subdivision No. 196, Hennepin County, Minnesota, described as follows Beginning at the east (,Zuarter corner of Section 6, Township 116, Range 21; thence North 00 degrees 09 minutes 27 seconds East along the East Line of said Section 6 a distance of 1960.42 feet to the actual point of beginning of the tract to be described; thence North 78 degrees 48 minutes 33 seconds West a distance of 661.05 feet; thence North 11 degrees 11 minutes 27 seconds East a distance of 50 feet; thence Southeasterly to the actual point of beginning. and WHEREAS, the second party has executed a quit claim deed to the said County of Hennepin quit - claiming and releasing its vendee's interest in and to said property described next above; NOW THEREFORE, in consideration of the execution by the respective parties hereto of the two quit -claim deeds hereinbef ore mentioned and set forth and of the mutual promises and covenants to'be kept by the parties hereto, IT IS AGREED ,AS FOLLOWS, viz.: 1. Any conveyance executed in the future relative to the property described in and agreed to be conveyed by the terms of said contract for deed shall not include the property conveyed (as above set forth) to the County of Hennepin and said contract for deed is hereby amended in. said respect. 2. This. agreement shall be executed in duplicate and shall be attached to and become a part of the hereinbef ore described contract for deed which was also executed in duplicate with first party having one executed duplicate original in his possession and second party having the other executed duplicate original in its possession. 3. This agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the respective parties hereto. IN WITNESS '!`Jj4EREOF, the parties hereto have hereunto set their hands the day and year first above written. In `presence of . As ro tin r. Gleason J t o JRG AS to Vill- age V B B I STATE OF MINNESOTA ss. COUNTY OF HENNEPIN On this _� day of August, 1967, before me, a notary public within and for said county, personally appeared John P. Gleeson; also known as John P. Gleason, a widower and now unmarried, to me known to be the person described in and who executed the fore- going instrument, and acknowledged that he executed'the same as his free act and deed. ......� _ 1N pRAKE• �R• Mi^ BEN11e, Hen ^'pin county Lg74. Netary Pub Expires Mar. My Ccmn'ision STATE OF MINNESOTA ss. COUNTY OF HENNEPIN On this X/417day of August, 1967, before me, a notary public within and for sai county, er.sonally aypeared and,L< --� ti i-� �� 'LL . �r , t o me personally known, who, g each by me duly sworn dicey that they are respectively the Mayor and the Manager of the Village of Edina, the municipal corporation named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said municipal corporation and that said instrument was signed and sealed in behalf of said municipal c or ti n by authority of i s Village Council and said C - L c-c (;, Pz�z� << ,nd d acknowledged said instrument to be the free act nd deed of said municipal corporation. . R.',R ':_E 9. H4LLSERG Noiary public, Hennepin County, Minn. any commission Expires Dec. 31, 1971 a:11 -4 COUNTY OF HENi1EPIN DEPARTME11T OF HIGHWAYS Road No. 62 Project No. OWNER SLOPE PERMIT Without County Maintenance Parcel No. A -20 John P. Gleeson and Catherine V. Gleg@on, hilsband and yri f per_ Grantors, of Hennepin County , for and in consideration of the covenants hereinafter contained and the sum of One Dollars ($ 1.00 ), receipt of which in hereby acknowledged, hereby grant_ to the County of Hennepin for a period of time terminating 3 i -9191-71, the right to construct a slope or embankment slope of the approximate ratio of one foot vertically to feet horizontally adjacent hereto and an additional five feet for the purpose of rounding the top or toe of slope, as a part of the general plan of improvement and protection of County Highway No, ____r on the following described property in the County of Hennepin, in the State of Minnesota. That part of Lot 241, Auditor's Subdivision Number 196, Hennepin County, Minnesota, which lies within Government Lot l in Section 6, Township 116, Range 21. It is mutually understood that the aforesaid consideration includes payment of all damages for the removal or the destruction of the fences on said described premises. That the Grantors iw are the owners and in possession of the above described premises and has have lawful right and authority to convey and grant the slope license and permit herein granted. It is agreed, and the right is hereby granted, that all earth or other material necessarily excavated, removed, or taken from said premises in the construction of said slope shall become the property of the County to be removed, or used in the construction of County Highway No. 62 or otherwise disposed of as the County may deem fit. The County may, for the protection of said slopes, at its option, seed or sod same. The Grantor agree_ to remove all fences on said described premises within 15 days after notice from the County to remove the same. And it is understood and agreed that if the grantor fail to remove such fences within 15 days specified in said notice, such fences shall become and be the property of said County and said County may remove, destroy, or otherwise dispose of such fences without further consideration therefor and the grantor expressly waive_ any claim or damages on account thereof. The Grantors,themselves. their heirs, executors and assigns, hereby release_ the County of Hennepin, its officers and agents, from any and all liability and claims therefor concerning said premises and grantor adjoining premises, that result or may result therefrom by virtue of the construction of said slope and all wor in connection therewith. Dated this _ 1 ��,_day of In the presence of: 91� `4- 'ao (4 COUNTY OF HENNEPIN DEPARTMENT OF HIGHWAYS W A S T E P IT P E R M I T Road No. 62 Project No. 5816 Parcel No. A -20 John P. Gleeson and Catherine V. Gleeaon 3109 Girard Ave. So., Minneapolis, Minn. We hereby certify that we are the owners of the property described herein and have the power to give the rights hereinafter granted, and for and in consideration of the sum of One Thousand Two Hundred Forty -four and no /100 Dollars ($1,244.00) the receipt whereof is hereby acknowledged, do hereby grant unto the County of Hennepin the right to enter upon that portion of tw Lot 24, Auditors Subdivision No. 196, Hennepin County, Minnesota, which lies within Government Lot 1 in Section 6, Township 116, Range 21 described as follows: TRACT A: Beginning at the East 1/4 corner of Section 6, Township 116, Range 21; thence North 00 degrees 09 minutes 27 seconds East along the East line of said Section 6, a distance of 1960.42 feet to the actual point of beginning of Tract A; thence continuing North 00 degree 09 minutes 27 seconds East a distance of 152.82 feet; thence North 78 degrees 48 minutes 33 seconds West a distance of 561.80 feet; thence North 82 degrees 14 irdnutes 34 seconds West a distance of 500.90 feet; thence North 78 degrees 48 minutes 33 seconds West a distance of 150.0 feet; thence South 11 degrees 11 minutes 27 seconds ^est a distance of 82.0 feet, more or less, to the intersection with a line hereby designated as Line 1 and described as follows: Commencing at the actual point of beginning of said Tract A; thence North 78 degrees 48 minutes 33 seconds West a distance of 661.05 feet; thence North 11 degrees 11 minutes 27 seconds East a distance of 50.0 feet; thence North 78 degrees 48 minutes 33 seconds West a distance of 330.0 feet; thence North 89 degrees 04 minutes 48 seconds West a distance of 168.18 feet; thence North 76 degrees 48 minutes 12 seconds West a distance of 5.0 feet; thence Northwesterly along a curve to the right with a radius of 879.93 feet (delta angle 21 degrees, tangent distance 163.09 feet) a distance of 322.51 feet and the termination of Line 1; thence Southeasterly, Southwesterly and Southeasterly along said Line 1 to the actual point of beginning of said Tract A and there terminating. TRACT n: Beginning at the East 1/4 corner of Section 6, Township 116, Range 21; thence North 00 degree 09 minutes 27 seconds East'along the East line of said Section 6 a distance of 1705.71 feet to the actual point of beginning. of Tract B; thence North 78 degrees 55 minutes 40 seconds West a distance of 889.8 feet; thence South 11 degrees 11 minutes 27 seconds Truest a distance of 90.0 feet; thence South 78 degrees 48 minutes 33 seconds East a distance of 150.0 feet; thence South 64 degrees 46 minutes 23 seconds East a distance of 206.16 feet; thence South 78 degrees 48 minutes 33 seconds East a distance of 567.1 feet to the East line of said Section 6; thence North 00 degree 09 minutes 27 seconds East a distance of 142.62 feet to the actual • i t of beginning. 4 , e of woAln material in connection with the *a mtructiao County Road No. 62 for a period of two years from the date of letting the contract. Said waste material to be spread to a uniform depth. The County shall have the right of ingress to and egress from the hereinbefore described property and the owners hereby release the County from all claims for damages by reason of the use, according to the terms of this permit, of said property. In WitnessiNhereof., we have hereunto subscribed our names this day of rol'ia 1965. In presence''�� Witness: Witness: �h�z JAMES E.00RSEY 119 8 9 -19 5 91 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.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 0- 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. FLA14NERY 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. MCCUSK EY JAMES BNESSEY THOMAS 0 -MOE WILLIAM A- WHITLOCK JAMES H. OHAGAN CHARLES O. HOWARD JOHN M. MASON DORSEY, OWEN, MARQUART, WINDHORST & WEST LAW OFFICES 2400 FIRST NATIONAL BANK BUILDING Village of Edina 4801 West 50th Street Edina, Minnesota MINNEAPOLIS,MINN.E8408 TELEPHONE 332 -33SI AREA CODE 612 OF COUNSEL LEAVITT R. BARKER LELAND W. SCOTT HUGH H. BARBER CABLE ADDRESS: DOROW November 4, 1965 RE: That part of Lot 24, Auditor's Subdivision Number 196, Hennepin County, Minnesota, which lies within Government Lot 1 in Section 6, Township 116, North Range 21, West of the 5th Principal Meridian, which lies Northeasterly of the following described Line A and South- westerly, Southerly and Southeasterly of the following described Line B: Line A: Beginning at the East 1/4 corner of Section 6, Township 116, Range 21; thence North 00 degrees 09 minutes 27 seconds East along the East line of said Section 6 a distance of 1960.42 feet; thence South 78 degrees 48 minutes 33 seconds East a distance of 100.00 feet to the actual point of beginning of Line A; thence North 78 degrees 48 minutes 33 seconds West a distance of 761.05 feet; thence North 11 degrees 11 minutes 27 seconds East a distance of 50.0 feet; thence North 78 degrees 48 minutes 33 seconds West a distance of 330.0 feet; thence North 89 degrees 04 minutes 48 seconds West a distance of 168.18 feet; thence North 76 degrees 48 minutes 12 seconds West a distance of 5.0 feet; thence Northwesterly along a curve to the right with a radius of 879.93 feet (delta angle 21 degrees, tangent distance 163.09 feet ) a distance of 322.51 feet and there terminating. Line B: Beginning atthe East 1/4 corner of Section 6, Township 116, Range 21; thence North 00 degrees 09 minutes 27 seconds East along the East line of said Section 6 a distance of 1705.71 feet; thence South 78 degrees 55 minutes 40 seconds East a distance of 100.0 feet to the actual point of beginning of Line B; thence North 78 degrees 55 minutes 40 seconds West a distance of 1166.99 feet; thence South 62 degrees 04 minutes 57 seconds West a distance of 309.80 feet; thence South 75 degrees 37 minutes 37 seconds West a distance of 184.38 feet and there terminating, according to the map or plat thereof on file and of record in the office of the Register of Deeds in and for Hennepin County, Minnesota. Gentlemen: We have examined the title to the above described premises, as shown by an Abstract of Title last certified to October 14, 1965, at DORSEY, OWEN, MAROUART, WINDHORST a WEST Village of Edina Page Two 7:00 o'clock A.M. by Title Insurance Company of Minnesota. Based upon such examination, we are of the opinion that as of said date the fee title to said premises was vested in JOHN P. GLEESON, also known as JOHN P. GLEASON, and CATHERINE V. GLEESON, also known as KATHERINE V. GLEASON, husband and wife, as joint tenants, free and clear of all liens, charges and encumbrances except as follows: 1. In a deed dated April 21, 19651 filed June 3, 1965, and recorded in Book 2+96 of Deeds, page 86, the right of access to the subject premises on to County State Aid Highway No. 62 was granted to the County of Hennepin. We are also on notice of a grant by the above named fee owners of a waste pit permit to the County of Hennepin for a period of two years from the date of letting the contract by the County of Hennepin for the construc- tion of County Road No. 62 and a slope permit to the County of Hennepin which expires on December 31, 1967. The Village of Edina has agreed to take a conveyance of the subject premises subject to these agreements. 2. An easement for sanitary sewer purposes in favor of the Village of Edina dated February 18, 1957, filed February 20, 1957, and recorded in Book 2122 of Deeds, page 258. The purchase agreement for the purchase of this property provides that title is to be taken subject to this easement. 3. In the deed by which the above named fee owners received title to the subject premises, dated June 3, 1949, filed June 6, 19+9, in Book 1802 of Deeds, page 384, it was recited that the premises were subject to an easement 30 feet wide along the West line of the subject premises for road purposes. The half section map of the area does not show the existence of any such road. We are thus of the opinion that the insertion of reference to this easement in this deed was an error. This conclusion is supported by the fact that there is nothing of record showing the existence of any such road. 4. Real estate taxes payable in 1965 and prior years are paid. This opinion is limited to the matters shown by said Abstract of Title and the records referred to thereon. All matters DORSEY, OWEN, MARQUART, WINDHORST & WEST Village of Edina Page Three not so shown are excepted from this opinion and include (a) rights of any parties in possession, (b) possibility of liens for improve- ments 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. Yours very truly, DORSEY, OWEN, MARQUART, WTNDHO MT & WEST By-�- / ° Loren R. Knott LRK/ jh March 28tb# 1968. Mr. John P. Gloeson,, 3109 Girard Avenue.# South Minneapolis, Minnesota 55412 Dear Hr. Gleeson. Enclosed please find check covering installment and final payment due April 15th, 1968. This represents principle of $10,010.00 and interest in the amp at of $350.351, figured at 3j%. If you have any questions, please let us know. jnd dp enc . Yours very truly, J. N. Dalent Finance Director April 11th, 1967. Mr. John P. and Catherine W. Gleason, 3109 Girard Avenue, South, Minneapolis, Minnesota. 55408 Dear Mr. & Mrs, Gleeson; Enclosed please find check covering installment due April 15th, 196;''., This represents principle of $10 *010.00 and interest at'3�% on the unpaid balance($20, ) If you have any questions, please let us know. Yours very truly, J. N. Dalen, and ;dp Finance Director. enc. April 12,. 1967. Mr. John P. Gleeson, 3109 Girard Avenue, $oath, Minneapolis, Minnesota. 55+11 Bear Mr. Gleesont The enclosed cheek made payable to you is to replace the one mailed yesterday made payable to John P. and Catherine V. Gleesont. Please return the other check to us at your earliest convenience., as we have voided same. Yours very truly, No Dalens ,end ;dp u f'ina'nce Director. zi mr, Richard Gleason 3109 Girard Avenue South Minneapolis, Hinnesota 55408 4 Village of -Edina 4801 WEST FIFTIETH STREET • EDINA 24, MINNESOTA September 80 1965 WALNUT 7-8861 Dear 14r, Gleason; At the meeting of the Village Council on September 7, your offer to sell. to the Village approximately 30 acres of land in Government Lot I for $1,000 per acre was accepted, We understand that the land to be purchased represents the balance left in Goverment Lot I after the taking by Hennepin County of APPrOxiiluately,9-1/2 acres for the Crosstown highway. We further understand that all specials will be paid to Janqary, 1966. We will be in a position to pay the entire mount by April 15* 1966, or if you fiu4 that It would be to your advantage,, taut -Wise * we would b$. billing to pay in installments over two to five years. We are also willing to make a down payment, Of $500 Or $1.00o at this time subject to your entering into a purchase agreement with us. Will you please send us an abstract of title so that our attorneys can check it out. I will be out of tho city for the Dalance of September, In my absence You maY discuss this with Mr. Hite, Mr. Dalwi or Mr. Lang-mack. Very truly yours* Warreu Hyde Village alter ceg Hite /Daleno Laugmack JAMES E.DORSEY (1989 -1959) DAVID E.BRONSON EDWARD J. SCHWARTZBAUER KENNETH M.OWEN THOMAS M. BROWN DONALD WEST CORNELIUS D. MAHONEY WALDO F. MAROUART THOMAS S. ERICKSON JOHN W.WINDHORST MICHAEL E. BRESS HENRY HALLADAY PAUL G. ZERBY JULE M.HANNAFORD RAYMOND A. REISTER ARTHUR S. WHITNEY JOHN J. TAYLOR JOHN G. DORSEY BERNARD G. HEINZEN RUSSELL W. LINDQUIST WILLIAM J. HEMPEL DAVID R.BRINK JOHN S -HIBBS HORACE E. HITCH ROBERT O.FLOTTEN VIRGIL H.HILL MORTON L. SHAPIRO ROBERT V TARBOK 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 R 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. MtCUSKEY JAMES B.VESSEY THOMAS 0. MOE WILLIAM A- WHITLOCK JAMES H.OHAGAN CHARLES O.HOWARD JOHN M. MASON DORSEY, OWEN, MARQUART, WINDHORST & WEST LAW OFFICES OF COUNSEL LEAVITT R BARKER LELAND W. SCOTT 2400 FIRST NATIONAL BANK BUILDING HUGH H. BARBER MINNEAPOLIS,MINN.88402 TELEPHONE 332 - 33 S 1 CABLE ADDRESS: AREA CODE 612 DOROW J. N. Dalen Village of Edina 4801 West 50th Street Edina, Minnesota December 13, 1965 RE: Acquisition of Gleeson Property Dear Jerry: I enclose herewith the original, fully executed, of the Contract for Deed between John P. Gleeson and wife and the Village of Edina for the purchase of the Gleeson property. You will note it has been duly recorded in the office of the Register of Deeds as Document No. 3576702. I send this to you to be kept in your records on this matter. Very truly yours, &asS. ric kson TSE:ca Enclosure DORSEY, MARQUART, WINDHORST, WEST $ HALLADAY Mrs. Florence Hallberg Village of Edina 4801 West 50th Street Edina, Minnesota 55424 Dear Florence: LAW OFFICES 2400 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 85402 TELEPHONE: 333 -2151 AREA CODE: 612 CABLE ADDRESS: DOROW October 28, 1969 LARRY W. JOHNSON JOHN R. WICKS THOMAS S. HAY EUGENE L. JOHNSON CURTIS D. FORSLUND ROBERT O. KNUTSON G. LARRY GRIFFITH JOHN W. WINDHORST, JR. CRAIG A. BECK MICHAEL PRICHARD DAVID L.McCUSKEY WILLIAM R. SOTH THOMAS 0 -MOE RICHARD G. SWANSON JAMES H. OHAGAN RICHARD W. DuFOUR, JR. JOHN M.MASON FAITH L. OHMAN MICHAEL W. WRIGHT DAVID A. RANHEIM LARRY L.VICKREY ROBERT J- SILVER14AN LOREN R- KNOTT PHILLIP H. MARTIN JOHN J- HELD, JR. REESE C.JOHNSON JAMES T-HALVERSON OF COUNSEL CHARLES J. HAUENSTEIN DAVID E. BRONSON CHARLES A. GEER LELAND W. SCOTT JOHN C.ZWAKMAN LEAVITT R. BARKER Pursuant to your request I enclose a fully executed copy of the purchase agreement with Cherokee Sales, Inc. This is for your file. The description of the property is affixed to it. T SE : mj Enclosure Very truly yours, T WsS ic kson -' JAMES E. DORSEY (1989 -1959) DONALD WEST FREDERICK E.LANGE WALDO F. MAROUART JAMES S- VESSEY _ JOHN W.WINDHORST WILLIAM A.WHITLOCK HENRY HALLADAY E.J.SCHWARTZBAUER JULE M.HANNAFORD THOMAS M. BROWN ARTHUR S.WHITNEY CORNELIUS D. MAHONE' RUSSELL W. LINDOUIST THOMAS S. ERICKSON DAVID R. BRINK WILLIAM C. BABCOCK HORACE HITCH MICHAEL E. BRESS VIRGIL H. HILL PAUL G. ZERBY ROBERT V- TARBOK RAYMOND A- ROSTER DEFOREST SPENCER JOHN J. TAYLOR ROBERT J. JOHNSON BERNARD G.HEINZEN M. B_ HASSELOUIST WILLIAM J- HEMPEL PETER DORSEY JOHN S. HIBBS GEORGE P. FLANNERY ROBERT O. FLOTTEN CURTIS L.ROY JOHN D. LEVINE ARTHUR E.WEISBERG ROBERT J. STRUYK DUANE E.JOSEPH MICHAEL A. OLSON DORSEY, MARQUART, WINDHORST, WEST $ HALLADAY Mrs. Florence Hallberg Village of Edina 4801 West 50th Street Edina, Minnesota 55424 Dear Florence: LAW OFFICES 2400 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 85402 TELEPHONE: 333 -2151 AREA CODE: 612 CABLE ADDRESS: DOROW October 28, 1969 LARRY W. JOHNSON JOHN R. WICKS THOMAS S. HAY EUGENE L. JOHNSON CURTIS D. FORSLUND ROBERT O. KNUTSON G. LARRY GRIFFITH JOHN W. WINDHORST, JR. CRAIG A. BECK MICHAEL PRICHARD DAVID L.McCUSKEY WILLIAM R. SOTH THOMAS 0 -MOE RICHARD G. SWANSON JAMES H. OHAGAN RICHARD W. DuFOUR, JR. JOHN M.MASON FAITH L. OHMAN MICHAEL W. WRIGHT DAVID A. RANHEIM LARRY L.VICKREY ROBERT J- SILVER14AN LOREN R- KNOTT PHILLIP H. MARTIN JOHN J- HELD, JR. REESE C.JOHNSON JAMES T-HALVERSON OF COUNSEL CHARLES J. HAUENSTEIN DAVID E. BRONSON CHARLES A. GEER LELAND W. SCOTT JOHN C.ZWAKMAN LEAVITT R. BARKER Pursuant to your request I enclose a fully executed copy of the purchase agreement with Cherokee Sales, Inc. This is for your file. The description of the property is affixed to it. T SE : mj Enclosure Very truly yours, T WsS ic kson r PURCHASE AGREEMENT .; ....... ftivae of is..........I........Minn., .......�........ , g i�c sober ,�Q 19....y.. RECEIVEDOF ............ VILLAGE ... OF••EDINA........................................................................................................................... the sum of......Two,.Thousand anti 00 /100-------------------- - - - - -- ($ ........ ) DOLLARS heck............................................................. as earnest money and in part payment for the purchase of property at i + (Check, Cash or Note State Which) n; tIe ;,Northeast•.. quadrant of Gleason Road and County Highway No. 62 in Edina situated in th, County of ......... H. ennegi. i1 .................. ........ ...:.....:.:.................:. State of Minnesota, and legally described as follows, to -wit: ✓ r - - 4;: t ! >::rt Lot ::, A>:di:or;; :;ubuivi;,ion 196, llur.rtcpin County, Minnccota, which lira within tltc o the P:ortl,.:a;3t Q�jaj:tcr of Section 6, Trwnahip 116, Pangct 21, lyin;; Eaut- of Gl.ecc;on Ro"d and lyin,, Northorly of the following deeacribad line known an L: Y a,-,t 1/4 co :ear of Section 6, Townahir 1.16, raanre 21; thence Worth. 00 dct.-acas 27 z�cco .6tc ":t a lolx;; the l:aut line of aaies Scr_tion 6 a dia,trince of 1960.42 ifcot; ..�u forth ',`3 rJ,-_ -cc 0 4, r..- nwtc, 33 cc.condo Weat a dicatnncn of 661.05 feet.; thcnea North 27 ccco..,.s Cart .a dir;tta3ar _-0_ Of 50.0 fort; thence 1'.ni-tli 78 dcgv ,ao flea �:;..:........, ;> ; —co..(Aj ':'cst a distance of 330.0 f ec;t ; theneca I1ovth 89 dcgr6,c.a 04 tjinul a dY.:itL r:cc: o2 163.18 fc.ctt to the octual point of be ;inning of Line Ii; 4enca 4i: %i7 d." : C.Cf,3 P.8 L'1 I iC1 11 -ecoiidii lift: {I f; n di[ei ilnC4 Of J.()0 fF'.4't; tlt IiCG' Ivoi th4,'YGta: ly ..;'.o: a cu:vr.; to the riul:t with a radius of 879.93 :c-et (c{elta ranule 21 degrees, tangent. 163.09 a..cct) a dL tzrcc of 322..';l feet; thence North 55 dcgre(za 48 mirtut(�a 12 :;cca::ds tic:si a.lor,g tangent to laat dc,ctibcd curve a dintunce of 290.10 feet; thc.lnc•e torth- c,:�sic;ly .,lo a curve to the left with a radi.uc of 647.96 feet (delta tangle 21 '34 cc 3 53 ;cco::ds, tangent di.utance 123.50 fact) a elistancc of 244.08 iGct; thc:nca North if TO lainUtC3 10 Ce'COt:da &lest Along trtngont to last deacribad curve a di�tranca of thr:rcl taxminatiiV.,. of closing Seller and Buyer shall execute a dismissal of prejudice and without cost to either party,of the action filed by Cherokee Sales, Inc. against_ the Village of Edina in the District Court, State of Minnesota, Fourth Judicial.District, File No. 655620. *at the option of Buyer to be exercised by notice to Seller given within 10 days after said 120 day period - and if no notice be so given this agreement shall be consummated according to its terms, and Buyer shall take subject to such uncorrected defects, and Seller shall have no liability for failure to correct such defects, but if voided Subject to performance by the buyer the seller agrees to execute and deliver a ... ................. ... ........ ............................................ Warranty Deed (to be joined in by spouse, if any) conveying marketable title to said premises subject only to the following exceptions: (a) Building and zoning laws, ordinances, State and Federal regulations. (b) Restrictions relating to use or improvement of premises without effective forfeiture provision. (c) Reservation of any minerals or mineral rights to the State of Minnesota. s" (d) Utility and drainage easements which do not interfere with present improvements. and easements for public purposes. (e) Rights of tenants as follows: (unless specified, not subject to tenancies). The buyer shall pay the real estate taxes due in the year 19.7.0..... and any unpaid installments of special assessments payable there- with and thereafter. Seller covenants that buildings, if any, are entirely within the boundary lines of the property and agrees to remove all personal property not included therein and all debris from the premises prior to possession date. The seller further agrees to deliver possession not later than... date ... of_ closing ............... provided that all conditions of this agreement have been complied with. unless otherwise specified this sale shall be closed on or before 60 days from the date hereof. In the event this property is destroyed or substantially damaged by fire or any other cause before the closing date, this agreement shall become null and void, at the purchaser's option, and all monies paid hereunder shall be refunded to him. The buyer and seller also mutually agree that pro rata adjustments of rgnts, interest, insurance and city water, and, in the case of income property, current operating expenses, shall be made as of ......................... sate... of.... p. osses. s. i. on................................................... The seller shall, within a reasonable time after approval of this agreement, furnish an abstract of title, or a Registered Property Abstract certified to date to include proper searches covering bankruptcies, and State and Federal judgments and liens. The buyer shall be allowed 10 days after receipt thereof for examination of said title and the making of any objections thereto, said objections to be made in writing or deemed to be waived. If any objections are so made the seller shall be allowed 120 days to make such title marketable. Pending correction of title the payments hereunder required shall be postponed, but upon correction of title and within 10 days after written notice to the buyer, the parties shall perform this agreement according to its terms. If said title is not marketable and is not made so within 120 days from the date of written objections thereto as above provided, this agreement shall be null and void,>'A;dneither principal shall be liable for damages hereunder to the other principal. All money there- tofore paid by the buyer shall be refunded. If the title to said property be found marketable or be so made within said time, and said buyer shall default in any of the agreemenrs and c utinue in default for c perlod of 10 days, then a„ d In that case time seller may terminate this contract and on such termination all the payments made upon this contract shall be retained by said seller arad--eai as liquidated damages, time being of the essence hereof. This provision shall not deprive either party of the right of enforcing the specific performance of this contract provided such contract shall not be terminated as aforesaid, and provided action to enforce such specific performance shall be commenced within six months after such right of action shall arise. 'as which It- fs- t +edc�tstd -sr+�i aeraecl t7acw -tlaic ral© i� n semis, ic�w met 3tr- c�atcelaa•c�- cetucrm..ec. nay- �a�- uaacle.c.•tkais.crur:sat:L The delivery of all papers and monies shall he made at the office of: Dorsey, Marquart, Windhorst, West & Halladay, 2400 First National Bank Building, Minneapolis,..-Minnesota 55402. ............................. ............................... ................................................................................. ............................... This offer. shall be outstanding until 5 P.M., October 23, 1969 and 'shall be withdrawn unless ..................................................... ............................... signed by Seller and returned to Buyer by at:� � Ii ie.' ­ here agree to sell the said propert ................................................................ ............................... rhe-, rl'° vegr` �� ""ei- choralexl'erirL'y "t�'alc' I hereby purchase the said y agree to p urch property for the price and for the price and upon the terms above mention& upon the terms above mentioned, and subject to all conditions and subject to all conditions herein expressed. herein expr.ssed. CHEROK SALES, .�C. ,,:' ............. ..............._............... VILLAG F EDINA C,41 ne ........................ ..... ................ Bye Z , 'L�� By t� � r . Its _. _ .� _ ...It Mayor .... .. _ . . Arid And �.. Its Tts c1erlc, all of which property the undersigned, has this day sold to the buyer for the sum of One.. Hundred... Two.. Thousand.. Five.. Hundred.. and.. 00./ 100 - - - -- ---- . - - - -- ($ .102, 500...00) DOLLARS, which the buyer agrees to pay in the following manner: Earnest money herein paid ..2,.00.0..0.0..and $100.,.500...00, cash, on .Nov.,ember.,,2.7.,..,1969.... , the date of closing. Seller agrees to hold Buyer harmless from and indemnify it against any claims, demands and causes of action and any loss, damage, cost or expense incurred, including reason- able attorneys' fees, due to any claim made by an agent or agents of Seller, or any other person retained or claimed to be retained by Seller in connection with the sale or other disposition of the above described property for a commission, fee or other compensation,due to this purchase agreement, and in the event any such claims should be sustained, Seller agrees to pay the same. The undertaking and agreement of Seller contained in this paragraph shall survive consummation of this agreement. - wum —olnee Copy Yaelow— Buser'• Copy GREEN— Seller's Copy Reevvi seed d 19 PIN[ —Boyer's Reatpt MILLER -DAVIS CO. PURCHASE AGREEMENT ................. ... .. ... Minneapolis Minneapolis, Minn......... November ....... .............196 . RECEIVED OF ......... YILT G]a_ OP ED A._Mi nneaota..muniri pa]..-c=parati on .......... ............................... the sum of... F'ye ,Hul�red and No�140--------- - - - - -- ''- - - -_ -- .- -�$..Sp9�pp--- ) DOLLARS .................Qhe.c k..........-............... ................- ......- .....as earnest money and in part payment for the purchase of property at (Cheep. Cash or Note —State whleh) .. ......... .....(Se ._bela�r.l�gal..desnra tai oxa�.---------------------------.----.------------------------_---------------- _--- .._-- - - - - -- .situated in the County of.......- Kmmpin .. ......... ....... State of Minnesota, and legally described 11fi It pm- on the Contract for Deed below referred to and attached hereto as Exhibit A and hereby made a part hereof. blinds), curtain rods, traverse rods, drapery rods, lighting fixtures a er tanks and heating plant (with any burners, tanks, stokers and n connection therewith) :water softener and liquid gas tank a d co o se er), exterior television antenna, incinerator, dishwasher and garbage disposal, if any, F rise tit, folim—A all of which property the undersigned, , has this day sold to the buyer for the sum of Thirty -One Thousand Thirty...... o %1Q0- .----- . - - - - -- ,. - - -- -- (- -- 31,434.- 04 - - -) DOLLARS, which the buyer agrees to .pay in the following manner: Earnest money herein paid $..5 Q•00....... and $ .... 5QO,QQ_..... cash, on or before ...Nhv� mber...3-5,. 4965,.- Xha.eh date shall be the date of closing. $30,030.00 to be paid pursuant to the terms of a Contract for Deed to be entered into on date of closing and to be in substantially the form of said Exhibit A attached hereto. Sellers warrant and represent that there is no agent or realtor involved in this sale or in the sale of said property and agree to hold buyer harmless from any and all claims for a callmission or fee in connection with this sale. It is understood and agreed by and between sellers and buyer that the property described in said Exhibit A is subject to a waste pit permit to the County of Hennepin dated April 21, 1965, for a period of two years from the date of letting the contract by the County of Hennepin for the construction of County Road No. 62, and to a slope permit to the County of Hennepin dated April 21, 1965, which expires on December 31, 1967. The parties agree that the Contract for Deed attached hereto as Exhibit A shall not make reference to said waste pit permit nor to said slope permit since neither of said instrument) are in recordable form nor desirable to be recorded, but the Village of Edina understands and agrees that the property is subject to the terms of said permits and takes the property subject thereto. On date of closing sellers agree to deliver to the Village of Edina an exact duplicate of each of said permits. The provisions of this paragraph shall survive the closing of this purch se agreement, the execution of mad ontract for deeg and the deliv ry of the warranty deed o be given pursuant to said contract and shall continue to be bi ing on and ingre to t e bengit of th j tsar }ies to and to their res eetive s� �4 e d and 5ubled to performance by "tie buyer Cie. seller agrees To'execuie and �e�Civre�f a .......:...... p. ,.{- . .. assigns conveying marketabla title to said premises subje t h% 9fiving exceptions: g (a) Building and zoning laws, ordinances, State and Federal regulations. ( e. (c) Reservation of any minerals or mineral rights to the Sta a of Minnesota. (d) Utility easemeaWas contained in Book 29 of Deeds, Page 148,Office of the Register of Deeds, Hennepin County Minnesota. The buyer shall pay the real estate taxes due in the year 19 and any unpaid installments of special assessments payab. therewith and thereafter. The seller further agrees to deliver possession not later than... date --of-- .clasixlg••- •provided that all the conditions of this r agreement have been complied with. In the event this property is destroyed or substantially damaged by fire or any other cause before the closing date, this agreement shall become null and void, at the purchaser's option, and all monies paid hereunder shall be refunded to him. The buyer and seller also mutually agree that pro rata adjustr�enks of r ts, interest,:irysurance and city water (and in the case of income property current operating expenses) shall be made as of .... ....... 4? �: Le.. Q�.. �QsS. e��AF> �S) Sl ............................... ....... ........................ The seller shall, within a reasonable time after approval of this agreement, furnish an abstract of title certified to date (or a Certificate of Title and Registered Property Abstract) both also to include proper searches covering bankruptcies, and State and Federal judgments and liens. The buyer shall be allowed 10 days after receipt thereof for examination of said title and the making of any objections thereto, said objections to be made in writing or deemed to be waived. If any objections are so made the seller shall be allowed 120 days to make such title marketable. Pending correction of title the payments hereunder required shall be postponed, but upon correction of title and within 10 days after written iwtice, the buyer shall perform this agreement according to its terms. If %a' iti is not m rketable and is not made so within 120 days from the date of written objections thereto as above provided, :Buyerl lus agreement s la a vol s�i neither principal shall be liable for damages hereunder to the other principal and all money theretofore aid by the buyer shall be re unded; but if the title to said property be found marketable, or be so made within said time, and said buyer halt default in any of the agreements and continue in default for a period of 10 days, then and in that case the seller may terminate this on ontract, and on such termination all the payments made upon this contract shall be retained by said seller i f as liquidated damages, time being of the essence hereof; but this provision shall not deprive either party of the ight of enforcing the specific performance .of this contract provided such contract shall not be terminated as aforesaid, and provided action ed o enforce such specific performance shall be commenced within six months after such right of action shall arise. I , ppleloll The delivery of all papers and monies shall be made at the office of.Dorsey..,0wen,.Marquart,,W nd 19fi..�... &..West 240 o First National Bank Building 1# - ------ --------------------------- - �. Minneapolis,Minnesota 55402 - "N iNows I hereby agree to purchase the said property for the price and upon the termove mentioned, and subject to all con- 11 - --- - -b - -M We hereby agree to sell the said property for the ditions herein ex ssed. rice and upon the terms above mentioned, and subject VI ED?TA o all c d tions herein expressed, B:4._.. ........... ....._. __........��� , ........... ..........._ ;, ? ai'er i✓ I Mayor ohn � ` GLie son ` Catherine V. Glethn, husband and wife Buyer its GI. No. 100Sys -- Certificate of btateof .............. MM5.1 ,.. ............................... Countyof ............... HEM. P. I. N...................................... es. Miller -Dads Uo., Mtnneapons, sttnu. Onthis .....................day of .................. ............................... 19..65...., before me, a ................... Rotary ... Public ................................................ within and for said County personally appeared ...................... Axth=...C.&...Bredej no... Jr. ............................... and........................... Elorence.3.- Hallberg.... ............................... to me personally known, who, being each by me duly sworn .. ............................did say that they are respectively the .......... May. r ................... ............................... 13101302M and the ................... Clerk ............................. ..... ..............ITIT4.0...QF...IMI ................................................. ............................... ............................the orporaption foregoing instrument, and that the seal affixed to said instrument is the cor ate seal of sal rporaon, and that said instrument was signed and sealed in behalf of said G= by authority of ate ... V...L.age..C.Q �i.1, ....................and said.... ....Arthur..C,...Bxedo.q.41 s...�T , t....... ............................... ............................and icipaj.... Florence _,B. Hallberg .................�k��g� Said instrument to be the free act and deed of said corporatwn. ............................................................. ............................... 4.. .................................. ............................... NotaryPublie ...................................................... ...... County.................... ............................... My commission expires ............................... .........1 19 ............... lndlyduai Vendor 1'V1a11 1` 0. J Y1Vtl Minnesota Uniform Conveyancing Blanks (1931) , EXHIBIT A to Purchase Agreement between Village of-Edina and John P. Gleeson and w Kade and entered into this. ....... .............day of.......................: .............................., 19.....5...., by and between ...... sF QM ... P..... GLNESQN ... and ... CATHERINE ...V. ....GL.EF,5..QN. >._huspand...and.. wife........ parties. of the first part, and ......VILI GE.... Qk'... II? INA. ,....a..Minxles.seta..2Xli�t�.. .g�1...c.P..rpor4t on ................. i ...................................................................................................... ............................... . ................. part...,V of the second part, C"" :°dinCZZZ$D3, That the said part ... ides of the first part in consideration of the covenants and agree- ments of said part ....y...... of the second art hereinaf£ter contained, hereby sell...... and agree...... to convey i s success8rs r n unto said part....y...... of the second part, . ......... ............................and assigns, by a.......... F1.... r... Y........................................... Deed, accompanied by an abstract evideneinss good title in part..ie.s. of the first part at the date hereof, oz; an owner's duplicate certificate of title, upon the prompt and full performance by said party y `af the,fecond part, of..................................... part of this agreement, the tract ...... of land, lying and being in the 1 K1LG a ,q of ..........Hennepin ................................... and State of Minnesota, described as follows, to -wit: pal i wciAlFiFA1� i Pha of Lot 24, Auditor's Subdivision Number 196, Hennepin County, Minnesota, which es within Government Lot 1 in Section 6, Township 116, North Range 21, West of the 5th Principal 4eridian,,which lies Northeasterly of the following described Line A and Southwesterly, South- arly and Southeasterly of the following described Line B: Line A`t' Beginning at the East 1/4 corner of Section 6, Township 116, Range 21; thence North JO degrees 09 minutes 27 seconds East along the East line of said Section 6 a distance of 1960.42 feet; thence:56uth 78 degrees 48 minutes 33 seconds East a distance of 100.00.feet to the actual point of beginning of Line A; thence North 78 degrees 48 minutes 33 seconds West a distance of 761.05 feet; thence North 11 degrees 11 minutes 27 seconds East a distance of 50.0 feet; thence Aorth 78 degrees 48 minutes 33 seconds West a distance of 330.0 feet; thence North 89 degrees D1+ minutes.48 seconds West a distance of 168.18 feet; thence North 76 degrees 48 minutes 12 secondsFWes't a distance of 5.0 feet; thence Northwesterly along a curve to the right with ,a radius,,bf'$79.93 feet (delta angle 21 degrees, tangent distance 163.09 feet) a distance of 322.51 feet and there terminating. Line B: Beginning at the East 1/4 corner of Section 6, Township 116, Range 21; thence North D0 degrees 09 minutes 27 seconds East along the East line of said Section 6 a distance of L705.71 feet; thence South 78. degrees 55 minutes 40 seconds East a distance of 100.0.! feet to she actual point of beginning of Line B; thence North 78 degrees 55 minutes 40 seconds West i distance of 1166.99 feet; thence South 62 degrees 04 minutes 57 seconds West a distance of 309.80.1,feet; thence South 75 degrees 37 minutes 37 seconds West a distance of 184.38 feet and. chere terminating. ;onveyance of the above described property shall not include the right of access, being the ,right of ingress to and egress from said property unto County State Aid Highway No. 62, such right of access having previously been conveyed to-the County of Hennepin by deed Document 4o. 3544005; Office of the Register of Deeds,.,Hennepin County, Minnesota. Conveyance of the above described property is also subject to an. easement to the Village of Edina for sanitary sewer purposes as contained in Book 2989 of Deeds, Page 148, Office.of the Register of Deeds, iennepin County, Minnesota. .dnd said part .... y...... of the second part, in consideration of the premises, hereby affree..s. to pay said part ... Ies of the fast part, at ........ 3109 ... Girard-Avenue ... South., - Minneapolis.,... Minne sat a ............................... as and for the purchase, price, of said premises, the sum of ........ Thirtyr..ilne ... Thousand ...Tbirty...and...U.0 /100 .....-.:-.-.--.------------------------------------------ �. y�. 31,. Q�Q.. 00�.-.- .- .- .- .- .- .- .- .- .- .- .- .- . -. -.- Dollars, ......................................................................................... ............................... inmanner and at times following, to-wit: ...................................................................................................................................................... 1,000.00 cash, herein paid, receipt of which is hereby acknowledged. 30,030.00 with interest thereon from the date hereof at the rate of 310 per annum on the unpaid principal balance from time to time due and owing, to be paid as follow $10,010.00 on April 15, 1966, plus interest accrued to date; $10,010.00 on April 15, 1967, plus interest accrued to date; $10,010.00 on April 15, 1968, plus interest accrued to date; Party of the second part shall have and is hereby given the right to prepay this contract for deed in whole or in part at any time and from time to time without penalty. Any prepayments shall be applied first to interest then due and the balance to principal and the principal allocations shall be applied in reduction of subsequently maturing annual installments it their direct order of maturity. No prepayments shall be made prior to Ja= 2, 1966. Parties of the first part hereby agree that in the event of default hereunder by party of the second part, the only remedy of parties of the first part shall be the recover; the property by cancellation and termination of this contract for deed pursuant to statute, party of the second part shall have no personal liability her under. Said art_..y...... of the second part further covenant. .E._ and a ree.__S. as follows: to pay, before penalty attaches thereto, part J g all taxes due and payable in the year 19.... and in subsequent years, and all special assessments heretofore or hereafter levied- - - -- ---------------------------------------------------------------------------------------------------------------- ----------------------- -----° --°--°--....................----- ------........................: ...... also that any buildings and improvements now on said land, or which shall hem shall not be removed therefrom, but shall be and remain the property of the pa tra.ct shall be fully performed by the part.7....... of the second part; and at ........... a.i ings on said premises at all times insured in some reliable insurance company part-- ip-s.• of the first part, against loss by .- xlY1dsti ............. perils ................................... ........................................ ............. ........................................ aXXYqgXDU==3XWAXXKXXiXQr at least the sum of .......... the ... fLl�a ....................................... ; be erected, placed, or made thereon; ... of the first part until this con - own expense, to keep the build - companies, to be approved by the ................................................ ................................................................................................................. r ........................................ ._...... .- .v.,,-.-._I payable p p , ........._ case of loss, should there be any sur- plus over and above the amount then owing said part1�ie.S of the first spa assigns, and, i }.their heirs, or assigns, the balance shall be paid over to the said part .... y...... of the second part as ........................ itt$ ..... ....... : ......... interest shall appear, and to deposit with the part .... Le-s of the first part policies of said insurance. But should the second part..y........ fail to pay any item to be paid by said 'part ... y...... under the terms hereof, same may be paid by first part .....LeS and shall be forthwith pay- able, with interest thereon, as an additional amount due first part..i.aa. under this contract. r of and But should default be made in the payment of principal or interest due hereunder, or of any part thereof, to be by second part..y.......• paid, or should......_; ti._ ..............fail to pay the taxes or assessments upon said land ,premiums upon said I insurance, or to perform any or' either of the covenants, agreements, terms or conditions' herein contained, to be by said second parl..y....... kept or performed, the said part. -ie3. of the first part may, at..._...theil.......option, by written notice declare this contract cancelled and terminated, and all rights, title and interest acquired thereunder by said second part ..y....... shall thereupon cease and terminate, and all improvements made upon the premises, and all payments made hereunder shall belong to said part..Les.. of the first part as liquidated damages for breach of this contract by said second part ..... y..., said notice to be in accordance with the statute in such case made. and provided. Neither the extension of the time of payment of any sum or sums of money to be paid hereunder, nor any waiver by the part .... je9 of the first part ..... ,the11Crights to declare this contract forfeited by reason of any breach thereof, shall in any manner affect the right of said part..ies.. to cancel this contract because of defaults subsequently maturing, and no extension of time shall be valid unless evidenced by duly signed instrument. Further, after service of notice and failure to remove, within the period allowed by law, the default therein specified, said part —Y.... of the second part hereby specifically agree..., upon demand of said part �,eS... of the -first part, quietly and peaceably to surrender to ......... tk IM .............posses- sion of said premises, and every part thereof, it being understood that until such default, said part............ of the second part ... ........ :IS ....... _ ................to have possession of said premises. At the time of delivery of the warranty deed pursuant hereto, parties of the first part, their successors or assigns, shall also deliver and record, at their expense, a_U documents necessary to evidence of record their ownership and authority to convey title pursuant hereto. It fq :MtUalbe ZfgrrUb, 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 bind the heirs, executors, administrators, successors and assigns of the respective parties hereto. In t5e!W.Monp M, jered. The- parties hereto have hereunto set their hands the day and year first above written. in Presence o f VILLAGE OF IDINA By Its Mayor And Its Clerk - i o F, Gleeson Catherine V. Gleeson ss. County of ....... IiENNEPIN ............... ............................... Onthis .............. ........................................... _ .................... day of ............................ ............................... ...................,19.....6., before me, a ................. Notary ... Public ............................................................................. within and for said County, personally appeared JOHN P. GLEESON and CATHERINE V. GLEESON, husband and wife to me, known to be, the person.A. described in, and who executed the foregoing instrument, and acknowl- edged that .t..he..y.. executed the same as ....................... eh!Ar..... free act and deed. i R R i o fJ R T R ; obi �A WT �NA ii •4.a AO 0 V • i O a ci O' %) 0 Cl't3 lay- a ., d C3 � 0. •� Go C I there terminating. �' Notary Publio. ........... ............................... ........................County, ifinn: . .My commission expires .................. ............................... 19............ L Conveyance of the above described property shall not include the right of access, right of ingress to and egress from, said property unto County State Ai right of access having previously been conveyed to the No. 3544005, Office of the Register of above described propert R R i o fJ R T R ; obi �A �NA ., d C3 � 0. •� C I �' CIO E v Conveyance of the above described property shall not include the right of access, right of ingress to and egress from, said property unto County State Ai right of access having previously been conveyed to the No. 3544005, Office of the Register of above described propert WZty� M2nneso4 edz in Bo sCb ect a• °k 29,39 to an. e$ epic Co Or beeds� Pent to h , M2nnes e, � by o ge Z 8� Orr V .24 sot 004v, cZ eecd D° Such zCe . or ° Edzn Y'ance went the Reg.2ste°, san Or t the or Deeds Jind said part .... y...... of the second part, in consideration of the premises, hereby agree..s. to pay said part ... ies of the first part, at ........ .3 109... Girard..Avenlze ... South.,.. Minneapolis.,... Minnesota ............................... as and for the purchase price of said premises, the sum of ........ Thirty- one ... Thousand ... Thirty ... and ... NQ /100 - - - - -- - - - - -- --------------------------- � $.31,.o�a..ao)----------- - - - - -- Dollars, in manner and at times following, to-wit: ............................................................................. ............ ___ ............. ....................................... 1,000.00 cash, herein paid, receipt of which is hereby acknowledged. 30,030.00 with interest thereon from the date hereof at the rate of 32/ per annum on the unpaid principal balance from time to time due and owing, to be paid as follows: $10,010.00 on April 15, 1966, plus interest accrued to date; $10,010.00 on April 15, 1967, plus interest accrued to date; $10,010.00 on April 15, 1968, plus interest accrued to date, Party of the second part shall have and is hereby given the right to prepay this contract for deed in whole or in part at any time and from time to time without penalty. Any prepayments shall be applied first to interest then due and the balance to principal and the principal allocations shall be applied in reduction of subsequently maturing annual; instalments in their direct order of maturity. No prepayments shall be made prior to January 2, 1966. Parties of the first part hereby agree that in the event of default hereunder by party of the second part, the only remedy of parties of the first part shall be the recovery of the property by cancellation and termination of this contract for deed pursuant to statute,and party of the second part shall have no personal liability hereunder. Said art...y...... of the second p part further covenant... and agree ... S. as follows: to pay, before penalty attaches thereto, all taxes due and payable in the year 19 .... 66and in subsequent years, and all special assessments heretofore or hereafter levied. ................................................................ .............. .•-- ............. --•--.................................................------...............---.....---.._..._... ........_...._...-- •••- ........ ........................ -•... ...... ....................................................................................................................................................................................................... also that any buildings and improvements now on said land, or which shall hereafter be erected, placed, or made thereon, shall not be removed therefrom, but shall be and remain the property of the part -1§... of the first part until this con - tra.ct shall be fully performed by the part. ,y ....... of the second part; and at ........... i t;!............own expense, to keep the build- ings on said premises at all times insured in some reliable insurance company or companies, to be approved by the part..j,e,s.. of the first part, against loss by fireMbxXX == ... wind s:tpYm— and ... ext_ended ... c -over ge......... a`A a7t�ii5sX1Kj3C3{Yu'1jX�bX}or at least the sum of .......... the ... .......... ............................... payable to said parta. -S... of the first part, .... ...._�'ihQir ............ heirs or assigns, and, in case of loss, should there be any sur- plus over and above the amount then owing said part....i_e.S of the first part . ................t?:1e1r.heirs, or assigns, the balance shall be paid over to the said part .... y...... of the second part as ........................ it -5 .... :.................. interest shall appear, and to deposit with the part .... ie.S of the first part policies of said insurance. But should the second part..y........ fail to pay any item to be paid by said part ... y...... under the terms hereof, same may be paid by first part .... Ie.$ and shall be forthwith pay- able, with interest thereon, as an additional amount due first part..1£:S, under this contract. L_ Mr. George Hite Village of Edina 4801 West 50th Street Edina, Minnesota Dear George: T return to you herewith the fully executed original of the agreement dated August 10, 1967 between John P. Gleeson and the Village of Edina relating to the contract for deed between these dated November 18, 1965. A duplicate original of this agreement has been forwarded to the attorney for Mr. Gleeson. The enclosed original should be kept in your files along with the contract for deed referred to in the agreement. Very truly yours, Th as S. �,ckson TSE:ca Enclosure DORSEY, MARQUART, WINDHORST, WEST 8, HALLADAY JAMES E. DORSET 116 0 9-19 5 91_ DONALD WEST JOHN W JONES THOMAS S. HAY WALDO F. MARQUART JAMES B.VESSEY CURTIS D FORSLUND LAW OFFICES JOHN W.WINDHORST WILLIAM A. WHITLOCK G. LARRY GRIFFITH HENRY HALLADAY E.J. SCHWARTZ13AUER CRAIG A BECK JULE M. HANNAFORD THOMAS M. BROWN DAVID L. McCUSKEY 2400 FIRST NATIONAL BANK BUILDING ARTHUR B. WHITNEY CORNELIUS D. MAHONEY THOMAS 0 -MOE M 1 N N E A P O L 1 S, M I NN. $ 8 4 0 2 RUSSELL W- LINDQUIST THOMAS S- ERICKSON JAMES H. OHAGAN DAVID R. BRINK MICHAEL E.BRESS JOHN M -MASON HORACE HITCH PAUL G. ZERBY MICHAEL W WR -GHT VIRGIL H. HILL RAYMOND A_ RUSTER LARRY L.VICKREY TELEP HO N E: 332 -3351 ROBERT V. TARBOX JOHN J. TAYLOR LOREN R. KNOTT AREA CODE: 612 DcFOREST SPENCER BERNARD G.MEINZEN JOHN W. CARSON ROBERT J.JOHNSON JOHN S. HIBBS PHILLIP H. MARTIN CABLE ADDRESS:DOROW M- B.HASSELOUIST ROBERT O- FLOTTEN JOHN J -HELD , PETER DORSEY MORTON L. SHAPIRO GEORGE P FLANNERY JAMES F. MEEKER OF COUNSEL CURTIS E.WEI ARTHUR E.WEIBBERG JOHN D.J LEVINE STRU ROBERT J. STRUYK DAVID E. BARBER HUGH H. BARBER September 5, 1967 DUANE E.JOSEPH MICHAEL A.OLSON LELAND W SCOTT FREDERICK E_LANGE LARRY W- JOHNSON LEAVITT R. BARKER Mr. George Hite Village of Edina 4801 West 50th Street Edina, Minnesota Dear George: T return to you herewith the fully executed original of the agreement dated August 10, 1967 between John P. Gleeson and the Village of Edina relating to the contract for deed between these dated November 18, 1965. A duplicate original of this agreement has been forwarded to the attorney for Mr. Gleeson. The enclosed original should be kept in your files along with the contract for deed referred to in the agreement. Very truly yours, Th as S. �,ckson TSE:ca Enclosure THIS AGREEMENT made and entered into this P:," day of August, 1967, by and between John P. Gleeson, also known as John P. Gleason., a widower and now unmarried, of the County of Hennepin, State of Minnesota, party of the first part; and Village of Edina., a Minnesota municipal corporation, of the County of Hennepin, State of Minnesota, party of the second part, WITNESSETH: THAT WHEREAS, under date of November 18, 1965, one certain contract for deed was executed by and between John i,. Gleeson, also known as John 1. Gleason and. Catherine V. Gleeson., also known as Katherine V. Gleason, husband and wife, vendors, and Village of Edina, a Minnesota municipal corporation, vendee, covering certain land in Hennepin County, Minnesota, and described in said contract for deed, and WHEREAS, said contract for deed was filed for record on November 26, 1965, and recorded in Book 100 of Contracts, page 620, records of the Register of -Deeds in and for said Hennepin County, Minnesota., and WHEREAS., Catherine V. Gleeson, also known as Katherine V. Gleason., wife of first party, and one of the vendors in the above described contract for deed, died on the 7th day of September, 1966, and WHEREAS, the first party has executed a quit claim deed conveying to the Gounty of Hennepin the following described land lying and being in said county, viz.: That part of Lot 24, auditors Subdivision No. 196, Hennepin County, Minnesota, described as follows: and Beginning at the East quarter corner of Section 6, Township 116, Range 21; thence North 00 degrees 09 minutes 27 seconds East along the East Line of said Section 6 a distance of 1960.42 feet to the actual point of beginning of the tract to be described; thence North 78 degrees 48 minutes 33 seconds West a distance of 661.05 feet; thence North 11 degrees 11 minutes 27 seconds East a distance of 50 feet; thence Southeasterly to the actual point of beginning. - 1 - WHEREAS, the second party has executed a quit claim deed to the said County of Hennepin quit - claiming and releasing its vendeefs interest in and to said property described next ab ove ; NOW THEREFORE, in consideration of the execution by the respective parties hereto of the two quit - claim deeds hereinbefore mentioned and set forth and of the mutual promises and covenants to be kept by the parties hereto, IT IS AGREED AS FOLLOWS, viz.; 1. Any conveyance executed in the future relative to the property described in and, agreed to be conveyed by the terms of said contract for deed shall not include the property conveyed (as above set forth) to the County of Hennepin and said contract for deed is hereby amended in said respect. 2. This agreement shall be executed in duplicate and shall be attached to and become a part of the hereinbefore described contract for deed which was also executed in duplicate with first party having one executed duplicate original in his possession and second party having the other executed duplicate original in its possession. 3. This agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the respective parties hereto. IN "XI'TNESS `4FEREOF, the parties hereto have hereunto set their hands the day and year first above written. j As ahn Gleason t o t/ JFG VILLA,�E OF EDINA A s By-- r ,. t M ON to till- By ';( �._ age Its Manager - 2 - STA�_ "E OF' MD,,iN''SOTA ss. COUN`T'Y OF HEN NEPIN On this .� day of August, 1967, before me, a notary public within and for said county, personally appeared John P. Gleeson, also known as John P. Gleason, a widower and now unmarried, to me known to be the person described in and who executed the fore- going instrument, and acknowledged that he executed the same as his free act and deed. oft. !R. fi aEN}AMIIN fin county, Min NetarY public, HEXp. es 3974. Mar. Z2, µy Comm .Ission STATE OF' P�nIr.�N:f�SOl�A. ss. C0171Ti'Y OF' .-KiV-`&E IN On this Z/ day of August, 1967, before me, a notary public within and for sal county, personally appeared and -A �,,. _., to me personally known, who, bei g each by me duly sworn say that they are respectively the Mayor and the Manager of the Village of Edina, the municipal corporation named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said municipal corporation and that said instrument was signed and sealed in behalf of said municipal c rporation by authority of i s Village Council and said -L t�,c L 4 , ., nd �� %+.- e: - acknowledged said instrument to be the free act dnd deed of said municipal corporation. 3 R..' -R F R. HALOERp Notary Fubiic, Hennepin County, Minn. ,My Commission Expires Dec. 31, 1971 c A � f NO. , n Order No- COMPLETE TITLE SERVICE TITLE INSURANCE ESCROW SERVICE ABSTRACTS OF TITLE SEARCHES FOR TAXES, I&, IGMENTS IN STATE AND FEDERAL COURTS, BANKRUPTCY PROCEEDINGS SPECIAL ASSESSMENT SEARCHES CHATTEL MORTGAGE ABSTRACTS FEDERAL TAX LIEN SEARCHES IN .FEDERAL COURT, THIRD DIVISION RECORDING SERVICE REGISTERED PROPERTY ABSTRACTS Abstract of Title i TO s Part of Lot 24, Auditors Subdivision I No. 196. This certifies the within statement from No. 1 to 29 , inclusive, to be a correct Y dbstract of Title to land described in No_ One _ therein as appears of record in the office of the Register of Deeds of Hennepin County, Minnesota, including Taxes according to the general tax books of said County. Dated— Oct- 141 19�, 7 a. m. Tide Insurance Company of Minnesota B ' y 4stistant Secretary Deliver to Drake & Drake Irma twaum mIcs (:omrmw OF Agff0 WC rA 'Kgti TITLE INSURANCE BUILDING MINNEAPOLIS I, MINNESOTA FEderal M33 Pt. Key 1 13-159 FORM NO. 25 0 M TITLE INSURANCE COMPANY OF MINNESOTA r - - - I 1 / 1 1 I /2 I ' /3 1 1 24 zs ,3G Minneapolis, Minnesota / I 6 1 .S 11 4 1 3 I 1 1 I 1 ABSTRACT OF TITLE I . —TO— That part of Lot 24, Auditor's Subdivision Number 196, which lies within Government Lot I in Section 61 Township 116, N 4th Range 21, West of the 5th Principal Meridian, which lies Northeasterly of the following described Line A and Southwesterly, Southerly and Southeasterly of the following described Line B: Line A: Beginning at the East 1/4 corner of Section 61 Township 116, Range 21; thence North 00 degrees 09 minutes 27 seconds East along the East line of said Section 6 a distance of 1960.42 feet; thence South 78 degrees 48 minutes 33 seconds East a distance of 100.00 feet to the actual point of beginning of Line A; thence North 78 degrees 48 minutes 33 seconds 'Jest a distance of 761.05 feet; thence North 11 degrees 11 minutes 27 seconds East a distance of 50.0 feet; thence North 78 degrees 48 minutes 33 seconds blest a distance of 330.0 feet; thence North 89 degrees 04 minutes 48 seconds West a distance of 168.18 feet; thence North 76 degrees 48 minutes 12 seconds West a distance of 5.0 feet; thence Northwesterly along a curve to the right with a radius of 879.93 feet (delta angle 21 degrees, tangent distance 163.09 feet) a distance of 322.51 feet and there terminating. Line B: Beginning at the East 114 corner of Section 6, Township 116, Range 21; thence North 00 degrees 09 minutes 27 seconds East along the East Continued 80 RODS /o cNA1N5 3307 .S' ACRL A rod is 16% feet. • chain is 66 feet or 4 rods. Zo Aeett3 4o Q,os • mile is 320 rods, 80 chs., or 5,280 ft. A square rod is 272% square feet. An acre contains 43,560 square feel An acre contains 160 square rods. 8o Ac,e�s e�„(.o Pr eH.vAs An acre is about 208> feet square. 40 chains, 160 rods or 2,640 feet. 40 ACRES ' 1 ► 1 20 CAA /Ns 320 -C S i¢ 3 1 2 / G I 1 � 7 8 9 - - - + - -_ -i 4- -.-4 /8 i 17 /G IS 1 /4 13 /8 /9 zo 1 ,Z/ 22 Z3 i 24 /9 i 14a ACR'6S 30 29 12 d '1 27 1 26 2S 3 ° ' 1 3/ .3Z 33 ; 34 35 .36 _1 3 i 1 1 I 1 4o GNA /NS / I 6 1 .S 11 4 1 3 I 1 1 I 1 ABSTRACT OF TITLE I . —TO— That part of Lot 24, Auditor's Subdivision Number 196, which lies within Government Lot I in Section 61 Township 116, N 4th Range 21, West of the 5th Principal Meridian, which lies Northeasterly of the following described Line A and Southwesterly, Southerly and Southeasterly of the following described Line B: Line A: Beginning at the East 1/4 corner of Section 61 Township 116, Range 21; thence North 00 degrees 09 minutes 27 seconds East along the East line of said Section 6 a distance of 1960.42 feet; thence South 78 degrees 48 minutes 33 seconds East a distance of 100.00 feet to the actual point of beginning of Line A; thence North 78 degrees 48 minutes 33 seconds 'Jest a distance of 761.05 feet; thence North 11 degrees 11 minutes 27 seconds East a distance of 50.0 feet; thence North 78 degrees 48 minutes 33 seconds blest a distance of 330.0 feet; thence North 89 degrees 04 minutes 48 seconds West a distance of 168.18 feet; thence North 76 degrees 48 minutes 12 seconds West a distance of 5.0 feet; thence Northwesterly along a curve to the right with a radius of 879.93 feet (delta angle 21 degrees, tangent distance 163.09 feet) a distance of 322.51 feet and there terminating. Line B: Beginning at the East 114 corner of Section 6, Township 116, Range 21; thence North 00 degrees 09 minutes 27 seconds East along the East Continued 0 0 I J� (No. 1 continued) ' line of said Section 6 a dirt ce of 1705.71 feet; thence South 78 degrees 55 minutes 40 seconds ast a distance of 100.0 feet to the actual point of beginning of Line BT thence North 78 degrees 55 minutes 40 seconds West a distance of 1166.99 feet; th nce South 62 degrees 04 minutes 57 seconds West a distance of 309,$0 f et; thence South 75 degrees 37 minutes 37 seconds West a distance f 184.38 feet and there terminating. I 2. 0 The following certificates appear appended to the plat shown below, which plat was filed for record in the office of the Register of Deeds, Hennepin County, Minnesota, on April 30, 1932 at 8:30 o'clock A.M., as Document No. 1684386, and was recorded in Book of Govt. Survey Plats, page 2. "The above Map of Township No. 116 North, Range No. 21 West of the 5th Principal Meridian, Minnesota is strictly conformable to the field notes of the survey thereof on file in this Office, which have been examined and approved. Surveyor General's Office. Warner Lewis Dubuque, May 16th 1855 Surr.Genl," "I hereby certify that the above map is a correct copy of the original Government Map of Township No. 116 North, Range No, 21 West of the 5th Principal Meridian on file in this Office. (The Great Seal of the Mike Holm, Seely of State. State of Minnesota) St.Paul,Minn.Sept.3d 1931," Townsh iyv N.° / /6N .&'ante N.° ,Z/ W 5th 11Iej; 'l./1 ero'..' .I .B_ L x_,0•+3 �.'v,> «•i? C°"'iy'&.'""7"" United States 3, to Patrick D. Case of the Southeast 1/4 of Section 61 United States 4. to Patrick Darby Cary of the Southeast 1/4 of Section 6, P. D. Carey, Margaret Carey, 5. to John Osborne John Osborne to P. D. Carey • Entry No. 398 Dated July 28, 1855 Land Office Records, Page 23. Lot 1, Southeast 1/4 of the Northeast 1/4 and the East 1/2 Township 116, Range 21, Patent Dated Jan. 15, 1856 Filed ---- Book D of Deeds, page 42. Lot 1, Southeast 1/4 of the Northeast 1/4 and the East 1/2 Township 116, Range 21. Mortgage wife Dated May 6, 1857 Filed May 8, 1857 Book E of Mtgs., page 365. To secure payment of $300.00. Patrick D. Carey, Margaret Carey, wife 7. to Jane S. Crowe Jane S. Crowe 8. to Patrick D. Carey Satisfaction of Mortgage recorded in Book E of Mtgs., page 365. (See No. 5) Dated June 8, 1858 On Margin of record. Mortgage Dated June 7, 1858 Filed June 8, 1858 Book J of Mtgs., page 163. To secure payment of $100.00. Satisfaction of Mortgage recorded in Book J of Mtgs., page 163. (See No. 7) Dated Feb. 18, 1861 Filed Feb. 28, 1861 Book P of Mtgs., page 442. Patrick Cary Warranty Deed Margaret Cary, wife Dated July 29, 1861. 9. to Filed July 30, 1861 John Reddy Book Q of Deeds, page 464. Consideration $280.00 All of Lot 1, Section 62 Township 116, Range 21 and enough land off the North part of the Southeast 1/4 of the Northeast 1/4 said Section 6, to make with said Lot 1, 60 acres in one tract. 0 0 John Reddy, Warranty Deed Mary Ann Reddy, wife Dated Oct. 9, 1866 10. to Filed Oct. 9, 1866 Michael Gleeson Book 13 of Deeds, page 216. Lot 1. containing 38.30 acres the Northeast 1/4 to make it 60 acres. Consideration $700.00 Section 6, Township 116$ Range 21, balance to be of Southeast 1/4 Of In the Matter of the Probate Court, Hennepin County 11. Estate of Certified Copy of Decree of Michael Gleeson, Deceased Distribution. Dated July 10, 1885 Filed July 18, 1885 Book 172 of Deeds, page 267. Debts paid. West 172 of the Northeast, 1/4 (homestead), East 1/2 of the Northwest 1/4, Lot 1 and the North 21.60 acres of the Southeast 1/4 of the Northeast 1/4 and the North 1/2 of the Northwest 1/4 of the Southeast 1/4 all in Section 6, Township 116, Range 21. (Other properties not in question not shown.) Deceased left surviving Mary Gleeson, widow and 6 children, Michael, Thomas, Mary Ann, Daniel, Bridget and James Gleeson only heirs at law, said premises assigned as follows: To Mary Gleeson, homestead for life and an Undivided 113 of said other real estate to said children, each an Undivided 1/6 of remainder in homestead and Undivided 1/9 of said other real estate to each. Thomas Gleeson, Warranty Deed Mary Ann Gleeson, Dated Aug. 30, 1883 James Gleeson, Filed Sept. 11, 1884 Daniel Gleeson, Book 155 of Deeds, page 55• Michael Gleeson, Consideration $5000-00 Elizabeth Gleeson, wife, Same land as in Book 172 of Deeds, Bridget J. Gleeson page 267. 12. to Deed recites, first parties are Mary Gleeson heirs at law of Michael Gleeson, Deceased. All first parties except Michael Gleeson are unmarried. Daniel Gleeson, single Quit Claim Deed Bridget Gleeson, single Dated Feb. 3, 1888 13. to Filed Nov. 30, 1888 Mary Gleeson Book 268 of Deeds, page 559• Consideration $5.00 North 1/2 of the Northwest 1/4 of the Southeast 1/4 and Lot 1, and the North 21-50 acres of the Southeast 1/4 of the Northeast 1/4 and the West 1/2 of the Northeast 1/4 and the East 1/2 of the Northwest 1/4 of Section 6, Township 116, Range 21. Mary Gleeson, widow Warranty Deed 14. to Dated Aug. 22, 1891 Elizabeth A. Gleeson Filed Aug. 26, 1891 Doe. No. 157257 Book 332 of Deeds, page 633. Consideration $8000.00 The North 1/2 of the Northwest 1/4 of the Southeast 1/4 and Lot 1 and the North 21.60 acres of the Southeast 1/4 of the Northeast 1/4 and the West 1/2 of the Northeast 1/4 and the East 1/2 of the Northwest 1/4 of Section 6, Township 116, Range 21. Elizabeth A. Gleeson Affidavit 15• to Dated Nov. 27, 1944 Whom It Concerns Filed Mar. 28, 1950 Doc. No. 2616318 Book 596 of Misc., page 28. Elizabeth A. Gleeson, being first duly sworn on oath deposes and says that she is the person named as grantee in that certain deed dated August 22, 1891 recorded in the office of the Register of Deeds, Hennepin County, Minnesota as Document No. 157257 relating to the following described real estate in said County: North 1/2 of Northwest 1/4 of Southeast 1/4 of Section 6, Township M, Range 21, and other lands. That she is a citizen of the United States of America and of legal age; and is not in the Military Service of the United States or any one of its allies. That she has never been a party to any proceedings in bankruptcy, divorce, insanity or incompetency, and that there are no unsatisfied judgments or internal revenue tax liens of record against her in any Courts, State or Federal; That she has never been and is not now a recipient of any old age assistance; That any judgments, internal revenue tax liens, bankruptcy or old age liens of record against parties with the same or similar name as this affiant are not against her. Elizabeth A. Gleeson, Mortgage Micheal Gleeson, husband Dated Aug. 22, 1891 16. to Filed June 23, 1892 Mary Gleeson Book 365 of Mtgs., page 459 To secure payment of $8000.60 In the Matter of the Probate Court, Hennepin County 17. Estate of Case No. 3977 Mary Gleeson, Deceased. Letters Testamentary Dated July 29, 1892 Filed Book H of Letters) Page 367 Probate Court Records. To Thomas F. Gleeson. Thomas F. Gleeson, as Executor of the Will of Mary Gleeson, Deceased 18. to Elizabeth A. Gleeson Satisfaction of Mortgage recorded in Book 365 of Mtgs., page 459, (See No. 16) Dated May 5, 1893 Filed May 5, 1893 Book 397 of Mtgs., page 4. 0 County Auditor, Hennepin County,, Minnesota 19. to The Public Doe. No. 1529824 Elizabeth A. Gleeson, widow 20. to Michael J. Gleeson -- Doc. No. 2414774 County, Minnesota, subject to line of said tract for Public Michael J. Gleeson, unmarried to John P. Gleeson and Catherine V. Gleeson, husband and wife as joint tenants. Doe. No. 2563768 11 Plat of Auditor is Subdivision Number 196. Dated Mar. 1, 1929 Filed Mar. 6, 1929 Book 108 of Plats, page 11. Section 6, Township 116, Range 21, comprising 41 lots numbered one to forty-one inclusive. Quit Claim Deed Dated Dec. 11, 1946 Filed Dec. 12, 1946 Book 1679 of Deeds, page 181. Consideration $1.00, etc. Government Lot 1, Section 6, Township 116, Range 21, Hennepin an easement 30 feet wide along the west Road purposes. West line of said tract for public road Warranty Deed Dated June 3, 1949 Filed June 6, 1949 Book 1802 of Deeds, page 384. Consideration $1.00, etc. Government Lot 1, Section 6, Township 116, Range 21 Hennepin County, Minnesota subject to an easement 30 feet wide alo ' the purposes. Revenue StampsJ6.60. John P. Gleeson and Catherine Easement V. Gleeson, husband and wife Dated Feb. 18, 1957 22• to Filed Feb. 20, 1957 Village of Edina, a Minnesota Book -e � of Deeds, page-1*8. municipal corporation Consideration $1.00 - -- Doc. No. 3054253 Do grant, bargain, sell, convey and warrant to said party of the second part as Easement in perpetuity for sanitary sewer purposes, including the right to enter for the purpose of constructing, maintaining, altering, repairing and reconstructing a sanitary sewer system in and over the following described property situated in the County of Hennepin and State of Minnesota, to-wit: That part of Lot 24 Auditors Subdivision Number One Hundred Ninety-six .(196) corresponding to Government Lot 1 in Section 6,Township 116, Range 21, that lies within the following described tract of land: A Strip of land 60 feet in width the center line of which is described as follows: Commencing at a point on the center line of Valley View Road said point being90 feet South of and at right angles to the North line of the South 1/2 of said Section 5, thence West, parallel to and 90 feet South of said North line of the South 1/2, a distance of 174.02 feet; thence Southwesterly at a deflection angle of 23 degrees left, a distance of 165 feet; thence Southwesterly at a deflection angle of 10 degrees left, a distance of 240 feet; thence Southwesterly at a deflection angle cbntinued) 0 0 (No. 22 continued) of 23 degrees left, a distance of 260 feet; thence Westerly at a deflection angle of 56 degrees 20 minutes 30 seconds right, a distance of 509.65 feet; thence Northwesterly at a deflection angle of 50 degrees 30 minutes right, a distance of 238.4 feet; thence Northwesterly at a deflection angle of 5 degrees 14 minutes left, a distance of 215.25 feet; thence Northwesterly at a deflection angle of 26 degrees 30 minutes right, a distance of 411.85 feet; thence Northwesterly at a deflection angle of 32 degrees 10 minutes left, a distance of 443.85 feet; thence Northwesterly at a deflection angle of 2 degrees 15 minutes left, a distance of 342.75 feet; thence Northwesterly at a deflection angle of 18 degrees 30 minutes left, a distance of 258.15 feet; thence Northwesterly at a deflection angle of 31 degrees 18 minutes 30 seconds right, a distance of 246,55 feet, thence Westerly at a deflection angle of - 55 degrees 16 minutes left, a distance of 343.5 feet; thence Northwesterly at a deflection angle of 81 degrees 50 minutes right, a distance of 176-15 feet; thence Northeasterly at a deflection angle of 19 degrees 36 minutes right, a distance of 206.9 feet; thence Northwesterly at a deflection angle of 40 degrees 47 minutes left, a distance of 630-75 feet; thence Northwesterly at a deflection angle of 9 degrees 10 minutes left, a distance of 339-55 feet; thence Northwesterly at a deflection angle of 32 degrees 50 minutes 30 seconds left, a distance of 203,80 feet; thence Northwesterly at a deflection angle of 32 degrees 1 minute 30 seconds right, a distance of 208.3 feet; thence Northwesterly at a deflection angle of 24 degrees 17 minutes right, a distance of 287-15 feet; thence Northwesterly at a deflection angle of 29 degrees 13 minutes 30 seconds left, a distance of 456.2 feet; more or less; to the intersection of the centerline of Gleason Road the North line of Section 6, Township 116, Range 21# It is the intention and agreement of the parties hereto that the party of the second part shall in the construction, or maintenance of said sanitary sewer replace any shrubs or sod removed by any excavation in connection with such construction or maintenance work, in as nearly as possible the same condition as before such excavation. • The Council of the Certified Copy of Amendment of Village of Edina the Ordinance of the Village of 23. To Edina, Hennepin Cunty, Minnesota Whom It Concerns Dated April $, 1952 Doc. No. 2745385 Filed April 8, 1952, 3:45 p.m. Book 641 of Misc., page 45 The Council of the Village of Edina, Hennepin County, Minnesota, do ordain as follows: Section 1. Section III, paragraph (c) of the zoning ordinance of the Village of Edina, Hennepin County, Minnesota, passed by the council of said Village on the 25th day of May, 1931, and thereafter amended, is hereby further amended as follows: Section III (c). No land shall be platted or subdivided which, at the time of application for approval of the plat, is provided with public water and sewer connections or in which public water or sewer connections are contemplated unless such plat or subdivision meets all of the following minimum requirements: 1. Each lot shall have a frontage on a public street of not less than 75 feet. 2. The average minimum depth of all the lots in the proposed plat or subdivision shall be not less than 120 feet. 3. The area of each lot in the proposed plat or subdivision shall be not less than 8,250 square feet.' No land shall be platted or subdivided which, at the time of application for approval of the plat, is not provided with public water and sewer connections and in which public water or sewer connections are not contemplated unless such plat or subdivision meets all of the following minimum requirements: 1. Each lot shall have a frontage on a public street of not less than 90 feet. 2. The average minimum depth of all the lots in the proposed plat or subdivision shall be not less than 125 feet. 3. The area of each lot in the proposed plat or subdivision shall be not less than 11,250 square feet. All lots contained in land hereafter platted or subdivided shall have side lines as nearly as practical at right angles to the street line._ Section II. This ordinance shall take effect and be in force from and after its adoption. Passed by the Village Council this 22 day of October, 1951• That the above ordinance was passed pursuant to the authority of Minnesota Statutes, Section 171.26 et seq. and that with such regula- tions in force, by virtue of Minnesota Statutes, Section 471.29. Subdivision 2, no conveyance of land in which the land conveyed is described by metes and bounds or by reference to a plat made after such regulations become effective which is not approved as provided by statute, shall be made or recorded if the parcel described in the conveyance is less than two and 1/2 acres in area and 150 feet in width unless such parcel is a separate parcel of record at the time of the adoption of the above ordinance or unless an agreement to convey such smaller parcel has been entered into prior to such time and the instrument showing the agreement to convey is recorded in the office of the Register of Deeds within one year thereafter. Any owner or agent of the owner of land in the Village of Edina who conveys a lot or parcel in violation of this statute shall forfeit and pay to the Village of Edina a penalty of not less than $100.00 for each lot or parcel so conveyed and such conveyance may be enjoined. The Village Council Certified Copy of Resolution of the Village of Edina Adopted Jan. 27, 1958 24. to Filed April 6, 1962 Whom It Concerns Book of Misc., page Doc. No. 3340756 Resolution Declaring Policy as to Approval of Plats and Conditional Upon the Installation of Water and Sanitary and Storm Sewer Improve- ments. Resolved by the Council of the Village of Edina, Minnesota, that the policy of the Village with reference to the approval of Plats of new subdivision within the Village limits is hereby declared to be as follows: I. No plat filed as a preliminary plat with the Planning Commis- sion after September I, 1957, and no plat submitted to the Council for the final approval after April 10, 1958, shall be approved unless and until the person, firm or corporation submitting such plat shall have fully complied with the requirements set forth in subdivision (a) or (b) below. (a) All lateral water mains, all lateral sanitary sewers, and any storm sewer and drainage facilities and structures within the platted area which are necessary to provide adequate water and sewer service and adequate drainage for such area must have been constructed and in- stalled without expense to the Village, and there shall be filed with the final plat adequate proof that all costs of such construction and installation have been paid in full. (b) In lieu of the above, there may be filed with the plat a bond in the amount and with surety and conditions to be approved by the Council, securing to the Village the actual construction and installa- tion of said improvements without cost to the Village and within a period designated by the Council and expressed in the bond, and the payment of all costs thereof. 2. The requirements of paragraph I as to lateral water or sewer mains may be waived by the Council in the case of plats or subdivisions in locations to which the municipal water or sewer system is not to be extended within a reasonable time, provided that the requirements thereof relating to storm sewer and drainage facilities shall have been fully complied with, and the platted lots are of the size required to permit individual water and sewage disposal facilities to be constructed to established standards. 3. Any or all of the requirements of paragraph I may be waived by unanimous vote of the members of the Council at a meeting duly held, in the case of a replat of a previously approved subdivision which does not provide for a new public street and does not increase the original number of platted lots. . 4. No plat will be approved after the date of this resolution ex- cept upon the conditions above set forth, unless the same was filed with the Planning Commission as a preliminary plat on or before September I, 1957, and is submitted to the Council for final approval on or prior to April 10, 1958, and, at the discretion of the Council is accompanied by a written agreement executed by the person, firm or corporation sub- mitting the plat, effective upon acceptance by the Council to pay to the Village a sum fixed by the Council, estimated to be sufficient to (continued) r7 (Entry No. 24- Continued) pay the cost of all improvements of the types described in paragraph I which the Village determines to construct and install within the sub- division; such payment to be made in cash or in installments extending over a period not exceeding three years from the time of such con- struction and installation. The Village will reserve the right to levy special assessments in an amount equal to the cost of said improve- ments, upon the properties especially benefited thereby, but payments recieved under any such agreement will be credited by the Village against the special assessments levied therefor. The provisions of this paragraph shall in no event be construed as applying to any plats ap- proved by the Council prior to the date of this resolution. i The Village Council Certified Copy Ordinance No. 263 of the Village of Edina Adopted June 8, 1959 25.. To Filed April 6, 1962 Whom It Concerns Book of Misc., page Doc. No. 3340754 An Ordinance Prescribing Pro- cedure For the Approval of Plats, Requiring Payment of a Fee and Imposing Othar Requirements, Including the Making of Necessary Improvements in Lands Previously Not Platted. The Village Council of the Village of Edina, Minnesota Ordains: Section 1. Filing Plats: Fee. All. lats presented for approval of the Village Council shall be filed with the Village Manager and shall be accompanied by payment of a plat filing fee which shall be charged by the Village for services to be rendered by employees of the Village in processing the proposed plat. The amount of such fee shall be $25.00, plus $1.00 for each lot in the plat, but not to exceed a maximum fee of $100.00. Failure of the Council to approve the plat shall not entitle the person who paid the fee to the return of all or any part thereof; provided, however, that the payment of such fee be required only as to plats filed after the date this ordinance becomes effective. Section 2. Street and Lot Grades; Park Dedication. Every plat of previously unsubdivided land, or replat of platted land which requires the dedication of a new street or a change in an exist- ing street, shall not only comply with all applicable provisions of state law and the Zoning Ordinance (No. 261) of the Village, but shall also show thereon the grade of all streets and the mean grade of the front and rear lines of each lot. In every plat of land not previously subdivided and to be developed for residential purposes, a portion of such land of sufficient size and character shall be set aside and dedicated to the public for public use as parks and playgrounds. Section 3. Report on Plat. The Village Manager and the Planning Commission shall examine each plat and report thereon in writing to the Council as to the following matters: (a the accuracy of all measurements and grades shown thereon, and (b the suitability of the plat from the standpoint of community planning. In the case of the plats mentioned in Section 2, report shall also be made as to the following matters: (c) the adequacy of streets and conformity thereof with existing and planned streets and highways in surrounding areas. (d) the suitability of street grades in relation to the grades of lots and existing or future extensions of the Village's water and storm and sanitary sewer systems. (e) where dedication of such land is required, the sufficiency of land dedicated for park and playground use, and the recommendation of the Park Board regarding such dedication of land. (f) the estimated cost (including engineering and inspection ex- penses) of grading, gravelling and permanently surfacing streets, in- stalling street signs, and constructing any storm sewers which may be necessary, and (V the estimated cost (including engineering and inspection ex- penses , of constructing sanitary sewers and water mains adequate to serve all lots in the plat, provided the connection of such sewers and watermains to the Village sewer and water systems is feasible. However, the owner of the land included in the plat, or his agent, in lieu of having the foregoing costs estimated by the Village, may employ at his expense, a registered professional engineer to prepare preliminary plans and estimates of cost of the necessary improvements and submit a written, itemized report thereof to the Village Manager. Advance notice of the employment of such engineer shall be given to the Village Manager upon filing of the plat. (continued) 0 (No. 25. continued) Section 4. Action by Council. Upon corrc?yetion of the report Specified in Section 3 above, the plat and .port shall be transmitted to the Council for approval. The Council may (a) grant preliminary approval of plats mentioned in Section 2, or (b) grant final approval of other plats, or (c) refer the plat for further report to the appropriate Village Officers or departments, or (d) reject the plat. Section 5. Plats Given Preliminary Approval. When preliminary approval has been given to a plat, the person who filed such plat shall cause all street, water and sewer improvements required by the report thereon to be completed, at his own expense and under the supervision of the Village Engineer, or in lieu of making such improvements, he shall sign a subdivision financing agreement. and file a bond to assure per- formance thereof. Such agreement, to be made between the person filing the plat and the Village, shall obligate the person filing the plat to repay to the Village all costs thereof, through payment of special assessments or otherwise, at least one -third in each of three years, the last payment to be made not later than December 31 of the third year from the year in which special assessments for such improvements are levied; provided, however, that the Village shall not be obligated to enter into such agreement if the developer does not file a bond as hereinafter described or if the Village Council determines that the Village must borrow money to pay its costs of construction under such agreement and such borrowing will jeopardize the Village's credit rating. Such agreement shall also provide that if special assessments .have been levied for the making of such improvements against any lot in the plat and refrain unpaid upon the transfer of title to such lot, they shall be paid or prepaid in full-to the Village Treasurer and the County Treasurer of Hennepin County. The bond herein required shall be given by the developer with a corporation approved by the Council as surety thereon, in the full amount of all costs of making the improvements specified in the sub- division financing agreement not paid in cash by the developer before or at the time of entering into such agreement, and shall be given for the securing to the Village the payment of all such costs within the period specified in such agreement. Section 6. Final Approval of Plat. When a plat has been given preliminary approval by the Council and the required improvements have been completed, subdivision financing agreement executed, or bond fur- nished as herein required, the Village Manager shall submit a supple- mentary report thereon with the plat to the Council for final approval. Section 7. Street Maintenance. Until a street in a plat has been completed in accordance with the plans and specifications approved by the Village, and the Village Engineer has certified as to such com- pletion, the owner shall keep such street, if used for public travel, in a safe condition for such use, at his own expense. The Village shall not be chargeable with the cost of or the responsibility for the maintenance of such street until the completion of such street has been so certified. Section 8. Application. Except as herein otherwise provided, this ordinance shall apply to all plats heretofore filed but not yet given preliminary approval by the Village Council, and to all plats hereafter filed. Section 9. Effective date. This ordinance shall be in full force and effect upon its passage and publication as provided by law. 0 John P. Gleeson, also known Warranty Deed as John P. Gleason, and Dated April 21, ,91965 Catherine V. Gleeson, also Filed June 3, 65 known as Katherine V. Gleason, Book 2qq6 of Deeds, page husband and wife Consideration $25s752.00 26. to That part of Lot 24, Auditors The County of Hennepin, a body Subdivision No. 196, Hennepin politic and corporate of the County, Minnesota, which lies State of Minnesota within Government Lot 1 in Doc. No. 3544005 Section 6, Township 116, Range 21; which lies Southwesterly of the following described Line A and Northeasterly, Northerly and Northwesterly of the following described Line B and measured at right angles thereto: Line A: Beginning at the East 1/4 corner of Section 6, Township 116, Range 21; thence North 00 degrees 09 minutes 27 seconds East along the East line of said Section 6 a distance of 1960-42 feet; thence South 78 degrees 48 minutes 33 seconds East a distance of 100.00 feet to the actual point of beginning of Line A; thence North 78 degrees 48 minutes 33 seconds West, a distance of 761.05 feet; thence North 11 degrees 11 minutes 27 seconds East a distance of 50.0 feet; thence North 78 degrees 48 minutes 33 seconds West a distance of 330.0 feet; thence North 89 degrees 04 minutes 48 seconds West a distance of 168.18 feet; thence North 76 degrees 48 minutes 12 seconds West a distance of 5.0 feet; thence Northwesterly along a curve to the right with a radius of feet (delta angle 21 degrees, tangent distance 163.09 feet) a distance of 322-51 feet and there terminating, Line B: Beginning at the East 1/4 corner of Section 6, Township 116, Range 21; thence North 00 degrees 09 minutes 27 seconds East along the East line of said Section 6 a distance of 1705-71 feet to the actual point of beginning of Line B; thence North 78 degrees 55 minutes 40 seconds West a distance of 1066.99 feet • thence South 62 degrees 04 minutes 57 seconds West a distance of 36.80 feet; thence South 75 degrees 37 minutes 37 seconds West a distance of 184-38 feet and there terminating. .. Al f from t he Northerly and Southerly portions of the first above described tract not acquired herein onto County State Aid Highway No. 62. "'Revenue Stamps #37.40 State Deed Tax 437.40 27. Taxes for 1964 and prior years paid. Taxes for 1965, paid on that part of Lot 24 corresponding to Government Lot 1, Section 6, Township 116, Range 21. Assessed in name of Gleeson, Edina." (Plat 73972 - Parcel 5820) 28. Certifications by Title Insurance Company of Minnesota, cover records in Register of Deedst Office of Federal Internal Revenue Lien notices and Minnesota Income and Inheritance Tax Lien notices. 29. For Judgment and Bankruptcy Search see Certificate attached. No. 817529 Verified by CERTIFICATE ON JUDGMENT LIEN, FEDERAL TAX LIEN AND BANKRUPTCY DOCKETS THE COMPANY HEREBY CERTIFIES that it has made a search of the Judgment Lien and Bankruptcy Dockets in the following named Courts: District Court, Fourth Judicial District, Hennepin County, Minnesota, United States District Court, District of Minnesota, Fourth Division, and finds no bankruptcy proceedings and no unsatisfied judgments and no undischarged notices of Internal Revenue Tax Liens appearing therein against the names hereon between the dates set opposite the respective names, except as shown hereon. THE COMPANY FURTHER CERTIFIES that it has made a search of the Federal Tax Lien Docket in the United States District Court, District of Minnesota, Third Division, and finds no undischarged notices of Internal Revenue Tax Liens against the names hereon, between the dates set opposite the respective names, except as shown hereon. ( Note: Where any name appears hereon with a middle initial, no search is made as to any names having middle initials different from that shown hereon.) NAMES John P. Gleeson or ) John P. Gleason ) Mrs. John P. Gleeson or ) Mrs. John P. Gleason ) Catherine V. Gleeson or ) Katherine V. Gleason ) Oct. 13, 1955 Oct. 13, 1955 Oct. 13, 1955 Dated at Minneapolis, this 14th day of October to 65 DATES Oct. 14, 1965s 7AM Oct. 14, 1965, 7AM Oct. 14, 1965, 7AM TITLE INSURANCE COMPANY OF MINNESOTA Form No a By A sst. Secretary A PA ,RCEI. 140 A 4VrliJ 0. V- 11CAS g a6 T SL -ccess - 34 -Z AriRCIL )Jo. A -ZZ 7 WE ACQ' T, joHN PEA EES� FTAL PCA7 DAM -V TOTAL AREA 047C ACa DATe ACQ.- ACCESS- 13:$ 5rc. OESIDLE ---- 76728" -7 28 1 A COR'SEC 4 W. Xk5- T fig N. LIMIT, 40 fq 5 o' LAI 9 NA I z V _77 7 ---- N 4 i =4- A) 'ca \2A PEAT U- _L_AKE SIC) 'A251 W 4"t- 7 4� AL L, 11% - AC.) A LIJE I e DN k:. E�J g 2 -3 1�1, zi 'M I A 4P t IT V 20 Ilm 394'. O.5 A -6 e,7". -POCK R 'I.XrAt; /OEG SF rE£. 1-77 01 Azi it t 4cti T� 1n ao O L 9 AC. -,UL PT. f PAR, WILL TOTA PEA-, DATE .1) DO 'y