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X N z w 0 A But should default be made in the payment of principal etest due hereunder, or of any part thereof, to be by second part..T...... paid, or should ............. ilk ............. fail to pay the taxes upon said land , ixlbWWVMe,N or to perform any or' either of the covenants, agreements, terms or conditions herein contained, to be by said second parj_.._Y... kept or performed, the said part_.. of the first part may, at....... U.......option, by written notice declare this contract cancelled and terminated, and all rights, title and interest acquired thereunder by said second part. -Z ......, shall thereupon cease and terminate, and all improvements made upon the premises, and all payments made hereunder shall belong to said part ....... 1Mf the first part as liquidated damages for breach of this contract by said second part .... .._, 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... of the first part .... tAMdX ... rights to declare this contract forfeited by reason of any breach thereof, shall in any manner affect the right of said part._f.M. 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..... of the second part hereby specifically agree_ , upon demand of said part... of the first part, quietly and peaceably to surrender to.......... IAM ......... posses- sion of said premises, and every part thereof, it being understood that until such default, said part ... Y..... of the second part.......... .........................to have possession of said premises. ter as e=Uww NOWMst'ju- , it to o i sm Wba" t" tali tour SM *MNAVA111 eatMWftMt, aswat O lt"bws'of04 SMaNI oil" i 31 ft ua UWM 4C tut CeaMWWt tee D"* tee tit 116II0"10 mt GNU LM eia * a" ports at 1W $8101,18 VWt d au liter M PWWWQ ].laA ntff. araw I&e R M ft; Outuallp Sgreeb, By and between the parties hereto, that the time of payment shall be an essential part of this contract; and that all the covenants and agreements herein contained shall run with the land and bind the heirs, executors, administrators, successors and assigns of the respective parties hereto. At Votfmonp IIjered, The parties hereto have hereunto set their hands the day and year first above written. In Presence of btate of 302innegota, s$ I 1 11 Countyof .................................. ........... ................................. =-I r On this .............. ..................................................... ............ day of .. ............................. 19............, before me, XAMY a ...........................! �................ ............................... ................within and for said County, personally appeared ROWW) a bV46MA Md WO to me known to be the personA.. described in, =,who executed the foregoinf' instrument, and acknowl- ed_sed that ..he.T. executed the same as ................ ...........................free act and deed. Notary Public, ........... ............................... ........................County, .Minn. :My commission - expires .................. ............................... 19........... gyp' d� o `� w ►� P5 a '�' a 'e+► o o 64 8 d w ro a Contract for Deed x� Miller -Davis Co., Minneapolis I Individual Vendor Form No. 54-M Minnesota Uniform Conve ancin m 19 Z j� Sgreementt Afade and entered into this ..................... ► .............. day o ......... . . 19.... .., by and between. ............... ALIAM1.. fi .................. Mew) bode" 404 add part ..IMof the first part, and.. ...... __ ....... ... W.0!... !PPVP. I __ ...................................................................................................................................................... ............................... part .... .1..... of tine second part ;. WitnCOUtb, That the said part- UP. of the first part in consideration of the covenants and agree- ments of said part.. ,T ...... of the second part, hereinafter contained, hereby sell...... and agree...... to convey unto said part.. ...... o f the second partAft. 111 1 11 assigns, by a......... � ............. ............................... Deed, accompanied by an abstract evidencing good title in part... UW of the first part at the date hereof, x or by an owner's duplicate certificate of title, upon the prompt and full performance by said part ...... Y.. of the second part, of ....... 1%6 ....................part of this agreement, the traet,8... of land, lying and being in the County of .................Da t{ ............................and State of Minnesota, described as follows, to- wit: M at a Paso ism as Uft a" "0.0 so* I Ra" cc as SONOMA 0001mr at s a i w moot Lz% 1, taotfaa �tg UT, a - a W6 �e 2WO � tie Rest W.g ice, Omme to as North Um at ao w WwraMalaat " 1. theme Walt 1+67.3 ftA to !Aim 1 ate, awboaft to Wart I as nova U tom. "10 Ramat ft fwa of the aft 9ft ft" at tint ma at OsWumment Lot 1, ae m v* ! . W a I Ile, New R]. Mind as ft amt Cam at as R me *I eak somm ttlaew ftem Ust &load am Salo Uft a 41st nce at W rod*, theme lima to old 14ftj tatear�t imii� shard Mad 14" to tho we" line or t#aoa fait 1{ t Raft to the 0 &a mat to flee Vast" Rtataa do t t now"" COlrttit It#.""6446 rind said part ..... Y... of M in consideration of in manner and at times following, to- wit: ............................................ ............................... g,M boreft r00010 at Id" Is iasa�' anRlra +a 1i Ambft Llllaarast, to M p4tut ar itioli�se: 5 �"' # as Jars�tesar 1S s I m Jtlae■sY is: are ! 1St l w Jam!► lst 1'9'x.1 rand an Jataa7 359 woo to Paz! said ..... ............................... ?'*" Dollars, ............................................ ............................... it► ISM of the, ti"A putt awtv st as PW% sb&U kwas" is ear vow riot to Pam tiffs Rjmbmk for mew sa ftu sat a w tun anes, jammY 15t 1g6 root !=NW ar pirwites. up tam amdittaas at this Cwt tar Head am Wd4ast to an aurae"" at W" ,mite t� oc fte ftat pert and the at as me m& parrt WQlam" to tM 0 of pia tits,. ajestianis sad as sit to 616Wt mr coats ma m" 1r at VW SON" Rwe !'*Wert tha Pp"04 &a 4 r. Said partX....... of the second part further covenanil... and agree.....fts follows: to pay, before penalty attaches thereto, all taxes due and payable in the year 19_., and in subsequent years, ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ ---------- ---- ----- ---- -- - - - - -- -- •--- •- ------- - - - - --- - - - - -- ---- -------- ----- - - - - -- -- --------- - - - - -- --•----------- --------------------- - - - - -- - ---- -------- ------ ----- - - - - -- - - - - -- - - - - -- •-- ----------- - - - - -• -• - - -• ........................................... . ............................... , 1 . .._......_ .... ............................... ....... .... .. ..................................... -..•..---.............---..._........------................. ............................... .......................---••--------•------•--..__....--••--------.....---..........-•---......-•------••-•---•----..._...................................................-----................ .................-- •- ...._..... TOM ...... - -.... , .... •••••- -• --- --• ... .......... .- - - ----- ._... ._..- • . ... ............. ........ . But should the second part ..... ti... fail to pay any item to be paid by said party ....... under the terms hereof, same may be paid by first part_ o. and shall be forthwith pay- able, with interest thereon, as an additional amount due first part.. 0 under this contract. No. 1005%— Certificate of Acknowledgment —By Corporation Miller -Davis Co., Minneapolis, Mina Countyof .......................... ........... ............................... � On this ..................... day of.................. ............................... 19............, i be f ore me, a .................. . ........... ...........I .................. .........................within and for said County personally appeared .....W........111 .. ,.. at=', ..................................... and ........ F . ..8.... sJ1 t ....................... ............................... to me personally known, who, being each by me duly sworn .. ............................did say that they are respectively the .... :......... ............................... RXMSSM and the ........... ClW ..................... ....... ....... ...................... .......of .......'�' l'i. k..l ' ..5 .......................... ....... ............. ............................... the corporra on na =04-0 foregoing instrument, and that the seal a fjixed to said instrument ' to seal of sa' , and that said instrument was signed and sealed in behalf of sa' by authority of its AMW ..X .CA WIJ. ..................and said ............. Ax.tkw..C.a...' 4j, ... Jr.*.. ............................... ............................and • Na11 .bwx .. .................cacknowledcsed said instrument to be the free act and deed of said ................................................................................................................................. ............................... NotaryPublic ............................. ............................... County.................... ............................... Mycommission expires ................................................... ............................... 19............... of IM1111e5.ota, I ' 8s. of...... Honnepin ....I ......................... On this ......................1`9th _ .......... .... . _. day of.__ _ _ ......J anuary .. .... .... ...._ ....... ......, 1.9...7.2...., before me, notary Public ...... ............................... _ _. within and fur surd Cou,nly, ersoncalty appeared Harold G. Rohner and Genevieve D. Rohner. also . -;gown as Gen :view F ohner, . hu; b< nd and wife. � .... ............................... .......... ...... ........ ..................... ... ........ ............ ............................................. to me known to be the persons....._..._... described in, and who executed the foreeoiny instrument, ...... .. .................................. .:::................. .. .......... ........ . ......................... .......... and acknowlediled that ._..........tae y. ... ......... execated (See Note) the same as....... heir ....... free act and�d.eed_ ................................................. ........... .. .........................._.... (See Note) N H f•y i+ Cl `� y _ .. ..................`..:.,..:............................................ Lorraine Teslow ......... ...... Notary Public ..............Hennepin _ ... ... ... County, ✓IfInn. My commission expires....... August 2..... 19 ?8....... NOTE: The blank lines marked "See Note' are for use when the instrument is executed by an attorney ist fact. t This instrument was dratted by PERBIX, HARVEY & SIh.10;iNS, P.A tit P. 0. BOX 190 17 TENTH AVENUE SOUTH HOPKINS, MINNESOTA 55343 � _o � " �1 C m � o L` ✓� o r�. a ° O N `rJ N M � H i M M y. N 3, 0 fl b 07 q � � a a C: V � x >-I r< le � J V, UJ C fd M M y. N 3, 0 fl b 07 q � � a a C: V � x >-I r< le � O N H f•y i+ Cl `� y R o o Q C) chi o op s u ti E N � �'c0 sir C3 t3 • � E 1 � L4 O Q, R * i r ba o - h ° - ^� M " h C3 Cj � rJ i �� �_� •• r'` C,. _ 0.y ' S � u� ry l .� ".�J { i _ 1 � 1. 'A .gym ctv Janiviry 31111il-,"'ll't live Jladr the -s.. . 1911h da F , I t) 7 2 P J/ 0i . I.. I bctwcen 11arold G..Rohno.r and Gn.novio.y.o. 1). Rohner, al,,;o knovin. a,; Gonoviovo Rohner, husband and wife, of the Cotinty of ....... ."Ind st"th, of Ri,n.n a o o ta part e3.... of the 11rO, part, aruL .. .... Village of &1in.-A, ..a municipal corporation located and bo.in., ... in..tb,e,Co,u.nty ... of, of. Minneuota . ..... ......... . ........... ......... ..... ................ ........................... -(44)'Pt9 "'44"orb. w4m!'e'- 441-e errr of 4 4 & 44 0 A-r- to/1- ....... .... ... ..... .... ................... ..... . __, party of the second p.i•t, es part, in cowiWeration of the. suns of ..................... That the said pr"�r!l , � l(' ONE DOLLAR AND OTHER VALUABLE CONSliji�'T'AONS - - - - - - - - - - - - - - - ........ I... ........................................................ . I .......... I ....................... .. I ............... .......................... ..' ...................... DOLL.4RS, to them .................. ....... in hand paid by thesaitl party of the second part, the receipt whereof is hereby arkwowledftd, do .......... .... . hereby Grant, 13arja,07,, Sell, a7tV. Cnnvey unto the said party of the second part, its surrrssors and assisfits, Forever, all the tract... ... ... oi- p.-,rrc1 .. ..... .. of land, lyiltig� and bein,(f in. the County of Hennepin- and Sbtl,� of Afinneso,a ibpc! o.�� -ro17o1v.,% to-11•iii: Beginning . at a . point on the North line and 660.0 feet East of the Northwest corner of Government Lot 1, Section 32, Township 117, Range 21, thence South 260.0 feet, thence East 167.5 feet, thence North 260.0 feet to the North line of said Government Lot 1, thence West 167.5 feet to the place of beginning, containing 1 acre, subject to road easement on North 33 feet. And The North 194.43 feet of the East 280 feet of that part of Government Lot 1., Section 32, Township 117 North, Range 21 described as follows: Commencing at the Northwest corner thereof; thence East along the North line a distance of 40 rods; thence South to Mud Lake; thence Westerly along Mud Lake to the West line of Government Lot 1; thence North to the point of beginning. All according to the United States Government Survey thereof, Hennepin County,, Minnesota. State Deed Tax-$57.20 WO 3babt anb tO X)Olb * aaM.C, Tod z-"her a, ith all the hereditaments and appurtenances thereunto belonffin _e or in a nyupvsp , appert,4ning, to the said p�.,rbq of the ��-iond part, its successors and assigns; Forever. .4ndthe sotid ...... H ... a.r. ... 6 ... 1 .... d.... G. ....... R... o-h. ... n ... q. r ...... a ... n .... d_ Genevieve D. Rohner ?, also kiio',wn as .................. ....... .............. ... .... ....... P .......... ......................................... GenevGenevieveRohner. husband and..wife, .................. .............................................................................................................. ............. ieve ............ I ........................ � ........................... part..ies ... ... of the fl rs, part, ............ . 7t--irs, executors and admi-nistrators, do............ covenant with the said party of tAe zrt, ler, gricces&_-r3 and ass!,tns, that ..... . .............. ............................ well seized in fee of the lands and pre•—ni3c.8 Olfortiiaid, u. Jha .... ........ lood ridht to sell and convey the same in ni-annOr and form aforesaid, and .,'Aal the sa" e free from, all incumbrances, except incumbrlances created or suffered to be created by parties other than the parties of the first part subsequent to December 29, 1967, and real estate taxes payable in the yeat- 1968 and subsequent years. Village of Edina 4801 West 50th Street ..•Edina, Minnesota 515,424__ ZZ ......... .................................................................... ................ the lien of all unpaid special as.iessrnents and interest thereon. .4ne1 the Pbove bar�,7ained and 'ranted lan,ls and, premises, in the quiet, and peaceabl.-,, pos. :(,,4,,?!,)aofthe said party of the second part, its 8mccessors and assigns, a,!aip..st all pr se -,ics, lawfully clobnin� or to claint, the whole or an.y part 'herrof, siibjec( to iwwtallf-al"C the said P,1TJ leS Of the first, part Will TT'arrant and Peftnd. '(T1!1jWrf, Th r id pit r/ ieS of the fi,,st part, It( their h,,Ill (7S f -' ,t+ 00y and year first ol)oi.,e. icriltrn. PI-y'vner of .. .... ...... (16rold G. Rohner ) ... . .. ..... ..... ((.,onavieve D. Rohner) 9 ;R 6tate of 01inneotap 8S. Countyof ...... H1! ....................................... On this ...... 19th .... -... day of- January ......................... 19 ... 7 before ................ ...................... I ..................... I ......... me, a .......................... n .19:tAKY .. PAblic ...._.........within and for d County, ally appeared er, ,Sv,eV.T, ego Harold G. Rohner aiiddin'**'e**'v*'i'*e' ... veD*"."****R'**o"hn"er, also known as said n aiia..4iN ***"*** ....... ...... ............. ...................................... P ......I ..............I ..................................... I ................................................................................................................................... to me known to be the persons " " "... " ".... " ". ". described in, and who executed the foregoing instrumeW, ............ I .................... I ....... ...... I ............................................................... ......... . ..... and acknowledged that .... ......... t&.y ............. executed (See Note) their the same as ...................................... ......... free act and deed ... ......................... . (see Note) trains ..................................................................................... TeSlow Notary Public ........ ........ .. ...... ✓ly commission expires ........ Au.gu.s.t ... 2 ................ ..... ..... .. ... x x97$ NOTE: The blank lines marked "See Note" are for use when the instrument is executed by an aftarnerls Islet. , This instrument was drafted by PERBIX, HARVEY & P. 0. BOX 190 17 TENTH AVENUE SOUTH Tn r HOPKINS, MINNESOTA 55343 C> 0 a' 06 o E-4 d) U :CD I 0 ild r :Ca I I rd 0 0 0 E C) o W W 1z 1)' X !0Q 42 Z U, u. C C: 3 � I I rd .12 O E-4 A • '0 • 0 0 E C) o 7 W 1)' X U, u. C C: E 'S 0 T3 it .2 .12 O E-4 A • '0 • Warranty Deed, Except Assessments. Form No. 4—M. Miller -Davis Co., Minneapolis, Minn. Individual to Corporation. Minnesota Uniform, Conveyancing Blanks (1831). 3930531 Tbi!5 3ubeuture, .Made this ...................... 19th ............ .................. day of ............... anuary ............ ., 19..72., between ..Harold G. Rohner and Genevieve D. Rohner, also known as Genevieve Rohner, ............................... ............................... husband and wife, of the County of .... ............... Hennepin ............................................ and State of .................. !!k mesota.................. ..................:.... ....... , pa,t• ies.•.•__.of the first part, and...... .ge...o .. i? . :...a municipal corporation, located arxi bei,ng ... In ... the ...C.Q=V. ... Qf.. .H opins....Sta. k.Q....Qf ..Ximea0.ta .. ......................... ......... .I....... ........., -eo ercetar,r�aviacbe� -t#ne- - a #ke,b'tecte -e ........................ ............................... ........................., party of the second part, MitntfS9;Ctb, That the said rties ...... the rst part, in consideration of the sum of ........................ ONE DOLLAR AN OTM M VALUABLp CONSIDERATIO #,S- - --- - - - - - - - - - - - ....... ............ ................................................... p........ �N. ........................... f............................ p............... ..............p................ LL✓4R S, to ..............them ............................ in hand aid the said party o the second art the receipt whereof is hereby acknowledged, do ..................hereby Grant, Bargain, Sell, and Convey unto the said party of the second part, its successors and assigns, Forever, all the tract, ......... ..or parcel ............ of land lying and being in the County of .... ..... .... ........ Hem�..................and State of .Minnesota scribed as ffollows to -wit: Beginning at a point on the North line and 660.0 feet last ok the Northwest corner of Government Lot 1, Section 32, Township 117, Range 21, thence South 260.0 feet, thence East 167.5 feet, thence North 260.0 feet to the North line of said Government Lot 1, thence West 167.5 feet to the place of beginning, containing 1 acre, subject to road easement on North 33 feet. And The North 194.43 feet of the last 280 feet of that part of Government Lot 1, Section 32, Township 117 North, Range 21 described as follows: Commencing at the Northwest corner thereof; thence Bast along the North line a distance of 40 rods; thence South to Mud Lake; thence Westerly along Mud Lake to the West line of Government Lot 1; thence North to the point of beginning. All according to the United States Government Survey thereof, Hennepin County, Minnesota. State Deed Tax - $57.20 go 3babe anb to JOA the tame, Together with all the hereditaments and appurtenance thereunto belonging or in anywise appertaining, to the said party of the second part its successors and assigns, Forever..gnd the said .... 4V old. G. Rohner and Genevieve D. Rohner,•._aiso known as Genevieve Rohners••husband and wiFes ............. .............. ...................................... I..................... ......... ......... ......... ......... part.A00 ....... of the first part, for. he..MPAIvBS,.. thd;! ..............heirs, executors and administrators, do............ covenant with the said party of the seco7u.. ,;art, its successors and assigns, that ........................ ...........................well seized in fee of the lands and premises aforesaid, and ha. ... ........ good right to sell and convey the same in manner and form aforesaid, and that the same r -e free from all inoumbrances, except ineumbrlonees created or suffered to be created by parties other than the parties of the first part subsequent to December 29, 1967, and real estate taxes payable in the yea* 1968 and subsequent years. Village Tof,_ dina _ Rdina._Minnesota 55424 STATE OF aEO DEPT, OF L � �nnesota=G AXATi©N DEED --- _" M STAMP �AN26'72 5 7 20 4 TAX - ---- -� P.O. 1XL5 .................................. ............................... ............................the lien of all unpaid special assessments and interest thereon. .4nd the above bargained and granted lands and premises, in the quiet and peaceable possession of the said party of the second part, its successors and assigns, against all persons lawfully claiming or to claim the whole or any part thereof, subject to inumbranee . ...................hereinbefore mentioned, the said part-100 ...... ... of the first part will Warrant and Defend. 1tt Teottmonp Wbereof, The said parties ........ of the first part h v @ ...... hereunto set..... their...... hands...... the day and year first above written. / 11 - ^ C/ / . 1 In Pr ence of �/ ✓� o �•�i#arold G. i�hner,} ............. ..................................... ............................... ............. ............................... ..................2. 1 ...... ,� . � (Genevieve D. Rohner) G::,Ri:......... 2..l... �..,- G...r,l.. ... ............................... ............................................................................................ ............................... DORSEY, MARQUART, WINDHORST, WEST a HALLADAY JAMES E.DORSEY11889 -1959) DONALD WEST ARTHUR EWEISBERG LAW OFFICES JAMES F. MEEKER JOHN J. HELD WALDO F. MAROUART DUANE E.JOSEPH JOHN D-LEVINE REESE C JOHNSON JOHN W- WINDHORST FREDERICK E. LANGE ROBERT J.STRUYK JAMES T HALVERSON HENRY HALLADAY JOHN W. JONES 2400 FIRST NATIONAL BANK BUILDING MICHAEL A. OLSON CHARLES J. HAUENSTEIN JULE M.HANNAFORD JAMES B.VESSEY MINN E A P O L 15, M I N N.85402 LARRY W. JOHNSON CHARLES A. GEER ARTHUR B_WHITNEY WILLIAM A.WHITLOCK THOMAS S. HAY JOHN C. ZWAKMAN RUSSELL W. LINDOUIST E.J. SCHWARTZBAUER CURTIS D.FORSLUND JOHN R. WICKS DAVID R. BRINK THOMAS M. BROWN G. LARRY GRIFFITH EUGENE LJOHNSON HORACE HITCH CORNELIUS D.MAHONEY TELEPHONE: 332 -3351 CRAIG A.BECK ROBERT O. KNUTSON VIRGIL H -HILL THOMAS S. ERICKSON DAVID LMCCUSKEY JOHN W.WINDHORST,JR. ROBERT V.TARBOK MICHAEL E.BRESS AREA CODE: 612 THOMAS O.MOE DI,FOREST SPENCER PAUL G.ZERBY CABLE ADDRESS: DOROW JAMES H. dHAGAN ROBERT JJOHNSON RAYMOND A- REISTER JOHN M. MASON OF COUNSEL M.B.HASSELOUIST JOHN J.TAYLOR MICHAEL W. WRIGHT DAVID E.BRONSON PETER DORSEY BERNARD G. HEINZEN LARRY LVICKREY HUGH H. BARBER GEORGE P. FLANNERY JOHN S.HIBBS LOREN R. KNOTT LELAND W. SCOTT CURTIS LROY ROBERT O. FLOTTEN PHILLIP H. MARTIN LEAVITT R. BARKER March 20, 1968 Mrs. Florence B. Hallberg Village Clerk Village of Edina 4801 West 50th Street Edina, Minnesota Dear Florence: I enclose herewith a fully executed copy of the contract for deed between Harold G. Rohner and wife and the Village of Edina, which has now been recorded in the office of the Register of Deeds as Document Mo. 3701865. I send this to you for your records. Very truly yours, Th as S. Erickson TSE:ca Enclosure cor "CCU I Vendor Form No. 54 -M Minnesota � l,Q 865 Us 0(greement, Made and entered into this .....................22 ..........day of ........ .................. 19.... 67., by and between ................ JOB= ...0,.. IXIM ...and..GrA:NV 7M.P..... REAR .(alao...kaoft :..#a................ cez>i. Rawer) husband and wife part..: 140 of the first part, and .................... i' �C ..tip'...:fI11IA,;..A1..Mi]t ltt#!tt.. eij -1:00L t... .............. . ................................................................... .................................................................................................. , part ..... y.'.... of the second part; EitntOetfj, That the said part. .i,9 2. of the first part in consideration of the covenants and agree- ments of said part..X...... of the second part, hereinafter contained, hereby sell...... and agree...... to convey unto said part..y....... of the second part,ita... 6809W %nd awiffne, by a .......... WA22sairlt Deed, accompanied by an abstract evidencing good title in part ... IM of the first part at the date hereof, or by an owner's duplicate certificate of title, upon the prompt and full performance by said part ...... y... of the second part, of .......It s, ....................part of this agreement, the tract.... $ of land, lying and beings in the County of .................. Hennepin .............................. and State of .Minnesota, described as follows, to -wit: Beginning it a point on the North line and 664.4 fe*t, East of the Northwest comer of GoVeraeeent Lot _1, Section 32, Township 117, Range 21s, thence South 264.4 feet.. thence Bust 167.5 feet, then North 260.0 feat to the Borth line CC add Galrernamt Lot 3., theme West 167.5 feet to the ,place of beginning, containing 1 acts, Subject to road enessent an North 33 feet. And The North 194. 43 feet of the Boat 280 feet at that part of Gaterlasent Lot 1, Seeti an 329, Township 3.17 North, Range 21 described as follow t C aOMOIng at the Northwest corner ther*ot; tbence East along the North line a distance of 40 rode; thesoe south to Mud Lie; thence Westerly along toed Lame to the West line of Gmftmmftt Lot 1; thence North to the paint of beginning. All according to the United States G t Survey teed', Hennepin County, Mika. .dnd said part.....y.... of the second part, in consideration of the premises, hereby agree..v to pay said p r .. ....... #a�,� �. OW6 ...or..at...almh...Otbor....p as a or Le ��rcasgrW o "scLycd rem es, sumo ...... �I'#FtjF- RiZ ... �..a11 ......... * i..."'" r. swr�y.. ��. ��.. f!, y►! Tarar�t! r�ssrs�t! w. �ewwrrr.. e►+ nrrr�rw+tilswwtw�ww�i.��iQ.��tr� tar Dollars, in manner and at times following, to-wit: ................................................................................................................................. .................... 5,000 herein paid;, receipt of llh ah in hereby ackncn►liedged by parties of the first pift; 3,000, >ai.thmt interest, to be paid as follows: y. A, P= on January 15, 1968; ,204 an January 15, 1969; ,200 as January 15, 1M; an January 15, 19713 and 4x200 can January 15, 1972. rty of the second part sbali hwmvand is hereby ,the right to prepay this Cwt r Dead in full at any ties after Jauosary 159, 1966 without pemity or product. Said ........ of the second part further covenan.... and a ,fee.....�is follows: to pay,) party .before penalty attaches thereto, ,� s. all taxes due and payable in the year 19.68., and in subsequent years,. XMM- ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ ------------- -------- ---- - - - - -- Rise `Cttvrairy""brrlkHtt s avar aOOLe.Ehoffiews, 'sit�li- tteC�ife' reo�reei• t�rfreat;' bett��kai�be�e�rrai��4i+ e- preper4�re�4hes terra et- shed! -beef *r- perfeinved b�lFte +..jai. lie ee�or�e..i� -ten �+�+�+.�..+.� �,ie.hes��ka.��tild► Ti1!- steidrearr+eea oil . 1i�w. s�la��e+. a:+ c�s�, c�a�a. aa. aeAaniosa ..tQ..iw..asavad..�ys.l�e 'Tiellerxr_ss+ first. pe►.. Qg�aitreklealarj .6aefa��.s�t�..�.�...... �..�,.,... ..,. �«.. ......---•--• ............................••--.....-•---- ......------ ............... -- .................. .............. ............................................................ ............................ ............... - Pffl4itgari4ra -ice Jby++ w+. rd_ernrfe► P-#A Ok* 9" hsreaw*& VKM...----•----°---••--• ...... ....... .... ......... •--- - .... - -- --•-••-----.....--.....----......... ..- --- ......................... .......... ----------- ......................................................................................................................................................................................................... NtAitrre, ''" 9C�4M8Ni�YC. i. �►. w. w�a. frailiB��tfitrriiii'. iyr�Y+ r+ rrarr +rr.+�ir�iitLiZGLiiii�i#3Gy.. Iii +iHriaGi+�Giy.6�G•.L,.st,,...e f.., .......:.r �ared�wl�w.taw.�t�wwat ti��rew 5 +mod- p+ask+.er.r�..erf•kf:e•� wrar,.�r„a,w+iretre;•"o v •assig •kia� eleof 'slt�l�" 'p ' Al�l�te+ rtke++ 6eid�pertl�exrrarar�e�F •tiee.eat+e�t�•paft.w9ewernw a+ewrnase. e,wwnw+k,.aa.,itate�eab. d to i eeii»wN . Lire .first.+.+.....oS�+p�t.�wliwi .a£raici.iswxr . But should the second part .... x.... fail to pay any item to be paid by said party......... under the terms hereof, same may be paid by first part.isa.. and shall be forthwith pay- able, with interest thereon, as an additional amount due first part.-iea-. under this contract. But should default be made in the ayment of principal 161"MMst due hereunder, or of any part thereof, to be by second part........ paid, or should ............ J� ..............fail to pay the taxes oT'd3"SLMYMM upon said land ,Vmmiwnm -dVMt saM insu� an'ce, or to perform any or'either of the covenants, agreements, terms or conditions herein contained, to be by said second part .... L..._ kept or performed, the said part.I.M. of the first part may, at. ..... ....... 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 o said part....._ IhMobf the first part as liquidated damages for breach of this contract b said second g g Y part ... said notice to be in accordance with the statute in such case made and provided. Neitjier the extension of the time of payment of any sum or sums of money to be paid hereunder, nor any waiver by the part............ of the first part ....................rights to declare this contract forfeited by reason of any breach thereof, shall in any manner affect the kiight of said partl . 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 b law, the default therein specified, said part .... Y.. of the second part hereby specifically agree..., upon demand of said part ... of the first part, quietly and peaceably to surrender to .......... 14M .......... posses- sion of said premises, and every part thereof, it being understood that until such default, said part..s...... of the second ze ,doW�Dart ..... ..... ............to have possession of said premises. g - to us watragrr atatl taidddif6, it ire UndWA00d that tJ Sol* alnd aoc 1"IV VOW at tine pities _4W tM fiist part in Us a, at MW datiwlt hwemds: bar party cc as $GO* d pests. AMU be tbo OMWO2iSUM Of this Cmtrae^t for Deed sad tbo rmo wy of tM Im belftin I Pill � -I 4.b s and party of tbs d gat shall true Do pWsOoal liability at W kiXA 3t W Outuallp Samb, 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, 8uooessors and assigns of the respective parties hereto. E L 3n VlaUMMIp jMOt, The parties hereto have hereunto set their hands the day and year first above written. v .- f iTIMSota, Countyof ........ ..................................... ............................. On th' wl .........................day of...........:....:... :..... �� i . , 19.0., before me, uC ............................. ..............................r ......within and f r said County, personally appeared Q. and G=XVMZ D. Rte, (also kwm as Oao+ib ime . Ralper), husband and Milo to me know to be the person ... described in who executed the foregoing instru».�`l t edged that ......heY.. executed the same as ............. ........r...................fre nd deed. Mary P RSS`C �`� ..r J... M,r C Ub`I / r xx . .� .... � rR scion ,,., ......: Rs &cv ''s', ,tfji,,, btary Publio, ... JKinn. .................... ............................... 1. my commission expire&'..'3 ........................................... a � - Q O z w> s o� a 0 a .,s ;� a ca 40 Q Z CLUP $ �o awn d V a; ku o Lj w :U_: Z o H �a ,�1 No. 100S%— Certificate of Acknowledgment—By Corporation Miller-Da-vis Co., Minneapolia, Minn. Otate of ........... sun== .................................. .' a. ...... .. .. ........... county of., ....... _101.11.x .. ...................................... On this...... 1*7.4..day of 11 SAMY P46U* ��t County personally appeared before me, a ... * .... * ...... .................. ...................and....... .............................. .........................within and for sa' Co 4 AXIMM"C4 .. rLUSIM.S. HIMMS ...................................................... to me personally known, who, being each by me duty sworn .. ............................did say that they are respectively the.............. ..................................... and the... ........ C14ft .............. �JAM2310k' .....of .............................. I ............... .......... t corpora iffin— n!gaMj& foregoing instrument, and that the seal affixed to said instrument to seal of s and that said instrument was signed and scaled in behalf of saiqMPPMMM by authors 4PW-UXA*WJCWMWdI .................and said............. A)POW .. Mx ... ft.* .............................. ..��JIISIPIRPI .. . .............. .... acknowledged said lnst�kmen�t to be the free, act corporation. .............. ............................... . . . .................. .. .................. .. Notary Public ......... /J4 ..County........ My commission expires ........................... .. .... 0 .......... - -------- -- P '5 iv/.. IV,-$, .. , . w zrra -ouw copy YaLLow- soyee, co" No. 1617)( casm- seller's Copy Revised 1959 pmr -ftywo Al Mr I CO. PURCHASE AGREEMENT ...... , Hopkins Minn., ........... 0Q'1►0,kf0...'..... 19 ..... RBCETVED OF. ...... __......_........ VIT .. /, of , I1�A ...................... ._............._............__. ... ............. the sum of... - -- W. .Qi»i d and . L ..... DOLLARS ------------- - --- -- .......... -.as earnest money and in part payment for the purchase of property at (Check. Cash or Nota -4%%t& Whieh)- ...._..... . ..... .. ....... .. ................ .. ............. ..Idins, .........................-... ....situated in the .... ....... County of.. .............. Ha=A2i& .. ........ ........_............., State of Minnesota, and legally described as follows, wvk- Comltencing 519 feet so. of the Northwest corner of the ;sou t 4"~ of see. 32, Twp 117, R. 21; thence South to the southwest corner of tits North-, west Quarter of the southw Cot Quarter; thenee Bast 80 rods; ehex North to a point 849 feet so* of the No„ line of said S *Wo Quarter; thenoo, NOH,,ly to the pol of. ! 1 ul ding a1 s m sus , arm doors, detachable vestibules, screens, awnings, window shades, Winds (including venetian blinds), curtain rods, traverse rods, drapery rods, lighting fixtures, plumbing fixtures, hot water tanks and 'heat%g- plant (with any.burners, tanks, stokers and other equipment used in connection therewith) .water softener and liquid gas tank and controls (if the property of seller), exterior television antenna, incinerator, dishwasher and garbage disposal, if any, used and located on said premises and including also the following listed personal property: all of which property the undersigned, as agent for the owner, has this day sold tQ a for'the sum of Seventy-nine thousfu d fl3.�c hwndrad thirty-two o find �(�� ARS, ..................................... t. ...................................... - y, which the buyer agrees to pay in the following manner:y2�, ii Earnest money herein paid $--I 0Q04A. and $ ... +2.�- 093a.!E$ _, to MN X I 38,46M . ........ (ina tiding__. ........_.. $1000 00 Barest may)` to be paid on or before December 15, 19670 *0 balance of $56 #539.22, *hall be paid in five (5) annual, insUllsonts„ the first of which shall be in the 8UK of 511,500.00 date and powable sa January 15, 1968, and the second and third and fourth In the a0ft . ort _.: - . $11#500'00 each, on the 25th day* of danuaryr in they"" L'19690 I' - a 1971 and the bal.an+ce of $10 539« 22 on January 15, 1972, it Ulna seder- stood that no interest shall be payable eMopt'on those Ina t�ntr which are not paid on due date and such interest thereupon to be z per 0) cont. Tate Sellers hereby agree to pay the suit of t15s472 TO in rfnpaid special assessments covering the above premisese i Subject to performance by the buyer the seller agrees to execute and deliver a ............. _ .................. ........................ . W arranty 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 not subject to unreleased forfeiture. (c) Reservation of any minerals or mineral rights to the State of Minnesota. �d) Utility easements, e) Rights of tenants as follows: (unless specified, not subl'imt to tenancies). The buyer shall pay the real estate taxes due in the year 190_ and any unpaid installments of special assessments payable therewith and thereafter. The seller further agrees to deliver possession not later than ------- _ ---------------------------------- - ----- provided that all the. 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 dater 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 rents, interest, insurance and city water (and in the case of income property current operating expenses) shall be made as of ....... ............................... ......... ......... ......... . ............................_.. The seller shall, within a reasonable time after approval of this agreement, furnish an abstract of title certified to date (or a Certificate j of Title and Registered Property Abstract) both Iliad to include proper searchm 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 tot 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 pa ments hereunder required shall be postponed,. but upon correction of title and within to days after written rwtice, the buyer shall perform this agreement according to its terns. 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 void, and neither principal shall be liable for damages hereunder to,,thee other principal slid all money theretofore paid by the buyer shall be refunded; but if the title to said. property be found marketable, of be`�so made within said time, and said buyer shall 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 contract, and on such termination all the payments made upon this contract shall be retained by said seller and said agent, as 'their respec- tive interests may appear, as liquidated damages, time being of the essence hereof; but this provision shall not deprive either:party of the right of enforcing the specific perfbnnance.of this contract provided such contract shall not 6i 'terminated as aforesaid, and provided action to enforce such specific performance shall be commenced within six months after right of action shall arise. It is understood and agreed that this sale is made subject to the app al the owner of said premises, i riling which approval agent has ... ...........................days to obtain, and that the undersigned agent is in Aipy- By nsibl on of this agree* ment, except to return or account for the earnest money paid under this con .•- four - - - -- - - -- ------ -- - - -- -- The delivery of all paa pseer±spand mmto�tnies shall,pbe �maadee�at�p the office of...... .Aiiii.ail.AF 0...a�Ia..A!1�,L..i M ................ #� Hopkins, Minn. ....,.._. A- en - t -- - - - - -- ......................................... Ag I, the undersigned, owner of the above land, do hereby ratify the above agreement and the We thereby made. ----- -- ........ --- - -- ---... • ....... ..........- ......._.............----_.... --------- - - -.... Seller ............. -- - •- •-------- -------- - - -• -. Seller I hereby o purchase the said property for the price N d upon th r above mentioned, a subject to all con- tions he - . exp A VUL .. - •--• - ---• --- --- -•- -- -• - W .........° sayer e cumv ORIGINAL —White DUPLICATE —Green Form 1517 Earnest Money Contract ( Revised 1959) TRIPLICATE— Yellow Miller -Davis Co., Minneapolis PURCHASE AGREEMENT --------------------- - - - - -- Edina------- - - - - -- Minn., -- December------------------ - - - - -- -1967 RECEIVED OF- -�1e -- Village -of -Edina ------------- --------------------------- ------------------------------------------------ thesum of-- Five Thousand and 00&66 ------------------- - - - - -- 000.00 ----------------------------------------- - - - - -- ----------------------------- - - - - -- ($ -- '- 00-- ---- - - -. -) DOLLARS earnest money and in part pa ment for the purchase of property at ----------------------------------------------------- 6000 Olinger Road 1ina Situated in the County of ------ Hennepin -------------------------------- State of Minnec�,tq, -rid 1. ^7^.11y described as followa,, to-wit: °J including all storm sash, storm doors, detachable vestibules, screens, awnings, window shades, blinds (including venetian blinds), curtain rods, traverse rods, drapery rods, lighting fixtures, plumbing fixtures, hot water tanks and heating plant (with any burners, tanks, stokers and other equipment used in connection therewith) water softener and liquid gas tank and controls (if the property of seller), a �- ' -'- .:° - -a, incinerator, dishwasher and garbage disposal, if any, used and located on said premises and including also the following listed personal property: all of which property the undersigned, has this day sold to the buyer for the sum of Tgent -six Thousand $ and 00/ 100-------------------------- - - - - -T 26-0-00-90 ) DOLLARS, ---------------------------------------•-------------------------------------------------------- - - - - -- - - -- - • which the buyer agrees to pay in the following manner: not Earnest money herein paid $___ 5t_� ' �• and $_ 4�_' 00 * 00_- _ - - -_ -, cash before__- _Jariva2'Y -15, 1968 __ $4,200.00 on or before January 152 1969, $4,200.00 on or before January 15, 1970, $4,200.00 on or before January 15, 19712 $4,200.00 on or before January 15, 1972. Seller agrees and will pay the unpaid special assessments against said property in the sum of $1,419.32. The seller reserves the right to occupy said premises to February 1, 1969, and the seller must be given six (6) months vacation notice, if it is necessary, as of January 31, 1969• The rental for said premises shall be $50.00 a month payable on the first day of each month beginning with February 1, 1968. The seller reserves the right to remove the landscaping improvements on said premises. 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 not subject to unreleased forfeiture. (c) Reservation of any minerals or mineral rights to the State of Minnesota. (d) Utility easements. (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—(k and any unpaid installments of special assessments payable therewith and thereafter. - -- . ............. .•--._..._..... 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 rents, interest, insurance and city water (and in the case of income property current operating expenses) shall be made as of ------ ------------------------------------------------------------------------------------------------------------------------ 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 notice, the buyer 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 void, and neither principal shall be liable for damages hereunder to the other principal and all money theretofore paid by the buyer shall be refunded; but 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 agreements and continue in default for a period of 10 days, then and in that case the seller may terminate this contract, and on such termination all the payments made upon this contract shall be retained by said seller and said agent, as their respec- tive interests may appear, as liquidated damages, time being of the essence hereof; but 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. The delivery of all papers and monies shall be made at theoffice of ....................................................................... ............................... I, the undersigned, owner of the above land, do hereby ratify the above agreement and the sale thereby made. l r-- Seller / QX1 Seller By---- - - -- -- - - - -- -- ------ -- - - -- -- -- --------- - - - - -- - - ---- -- --- ---- - - -- -- Agent I he agree to purchase the said property for the price and n the terms above mentionW, and subject to all con; dit' s herein expressed. a All that part of Government Lot 1, Section 32, Toumahip 117 th, Range 21 West of the Fifth Principal Meridian, described as follows: Commencing on the North line of said Government Lot 1, distant 40 rods East of the Northwest corner thereof; thence South at right angles 260 feet; thence East at right angles 167.5 feet; thence North at right angles to the North line of said Government Lot 1; thence West along the North line of said Goverment Lot 1, to the point of beginning. The North 194.43 feet of the East 280 feet of that part of Government Lot 1, Section 32, Township 117 North, Range 21 described as follows: Commenc- ing at the Northwest corner thereof; thence East along the North line a distance of Ito rods;thence South to Mad Lake; thence Westerly along Mud Lake to the West line of Government Lot l; thence North to the point of beginning. Subject to a road along the North side ofd the awe described premises. Village of Edina 4801 West 50th Street Edina, Minnesota 55424 RE: All that part of Government Lot 1, Section 32, Township 117 North, Range 21 West of the Fifth Principal Meridian, described as follows: Commenc- ing on the North line of said Government Lot 1, distant 40 rods East of the Northwest corner thereof; thence South at right angles 260 feet; thence East at right angles 167.5 feet; thence North at right angles to the North line of said Government Lot 1; thence West along the North line of said Government Lot 1, to the point of beginning. And The North 194.43 feet of the East 280 feet of that part of Government Lot 1, Section 32, Township 117 North, Range 21 described as follows: Commencing at the Northwest corner thereof; thence East along the North line a distance of 40 rods;thence South to Mud Lake; thence Westerly along Mud Lake to the West line of Government Lot 1; thence North to the point of beginning. All according to the United States Government Survey thereof, Hennepin County, Minnesota. Gentlemen: We have examined the title to the above described premises as shown by an Abstract of Title certified to December 21, 1967 at 7:00 A.M. by North Star Abstract & Title Guaranty, Inc. Based upon such examination, we are of the opinion that as of December 21, 1967 at 7 :00 A.M., the fee title to said premises was vested in HAROLD G. ROHNER and GENEVIEVE D. R (also known as Genevieve Rohner), husband and wife, as joint tenants, free and clear of all liens, charges and encumbrances, except as follows: 1. An easement for public road purposes over the North 33 feet of the tract of land first above described as created by deed dated July 16, 1938 and recorded August 12, 1938 in Book 1475 of Deeds, Page 172 and given to the Village of Edina. DORSEY, MARQUART, WINDHORST, WEST & HALLADAY JAMES E. DORSEY (1889-1959) 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_ SCHWARTZBAUER CRAIG A. BECK JULE M- HANNAFORD THOMAS M. BROWN DAVID L.McCUSKEY 2400 FIRST NATIONAL BANK BUILDING ARTHUR B. WHITNEY CORNELIUS D. MAHONEY THOMAS O. MOE M I N N E A P O L 15, M IN N.55402 RUSSELL W. LINDQUIST THOMAS $.ERICKSON JAMES H. OHAGAN DAVID R.BRINK MICHAEL E.BRESS JOHN M. MASON HORACE HITCH PAUL G.ZERBY MICHAEL W. WRIGHT VIRGIL H. HILL RAYMOND A. REISTER LARRY L.VICKREY TELEPHONE :332 -33SI ROBERT V. TARBOX JOHN J. TAYLOR LOREN R.KNOTT DEFOREST SPENCER BERNARD G. HEINZEN JOHN W. LARSON AREA CODE: 612 ROBERT J. JOHNSON JOHN S. HIBBS PHILLIP H. MARTIN CABLE ADORESS:DOROW M. 8. HASSELOUIST ROBERT O. FLOTTEN JOHN J. HELD PETER 00RSEY MORTON L. SHAPIRO GEORGE P. FLANNERY JAMES F. MEEKER OF COUNSEL CURTIS L. ROY JOHN D. LEVINE DAVID E. BRONSON ARTHUR E.WEISBERG DUANE E. JOSEPH ROBERT J. STRUYK MICHAEL A. OLSON HUGH H. BARBER LELAND W.SCOTT December 28., 1967 FREDERICK E_ LANGE LARRY W. JOHNSON LEAVITT R. BARKER Village of Edina 4801 West 50th Street Edina, Minnesota 55424 RE: All that part of Government Lot 1, Section 32, Township 117 North, Range 21 West of the Fifth Principal Meridian, described as follows: Commenc- ing on the North line of said Government Lot 1, distant 40 rods East of the Northwest corner thereof; thence South at right angles 260 feet; thence East at right angles 167.5 feet; thence North at right angles to the North line of said Government Lot 1; thence West along the North line of said Government Lot 1, to the point of beginning. And The North 194.43 feet of the East 280 feet of that part of Government Lot 1, Section 32, Township 117 North, Range 21 described as follows: Commencing at the Northwest corner thereof; thence East along the North line a distance of 40 rods;thence South to Mud Lake; thence Westerly along Mud Lake to the West line of Government Lot 1; thence North to the point of beginning. All according to the United States Government Survey thereof, Hennepin County, Minnesota. Gentlemen: We have examined the title to the above described premises as shown by an Abstract of Title certified to December 21, 1967 at 7:00 A.M. by North Star Abstract & Title Guaranty, Inc. Based upon such examination, we are of the opinion that as of December 21, 1967 at 7 :00 A.M., the fee title to said premises was vested in HAROLD G. ROHNER and GENEVIEVE D. R (also known as Genevieve Rohner), husband and wife, as joint tenants, free and clear of all liens, charges and encumbrances, except as follows: 1. An easement for public road purposes over the North 33 feet of the tract of land first above described as created by deed dated July 16, 1938 and recorded August 12, 1938 in Book 1475 of Deeds, Page 172 and given to the Village of Edina. DORSEY, MARQUART, WINDHORST, WEST & HALLADAY Village of Edina Page 2 December 28, 1967 2. The abstract is certified to the property described in the caption hereof. However, the tract first above described in the caption was obtained by the above named fee owners by deed dated October 4, 1940, filed October 9, 1940 and recorded in Book 1531 of Deeds, Page 415, in which deed said property is described as follows: Beginning at a point on the North line and 660.0 feet East of the Northwest corner of Government Lot 1, Section 32, Township 117, Range 21, thence South 260.0 feet, thence East 167.5 feet, thence North 260.0 feet to the North line of said Government Lot 1, thence West 167.5 feet to the place of beginning, containing 1 acre, subject to road easement on North 33 feet. The description in said deed is different than that contained in the caption of this opinion and it is recommended, since the above named fee owners acquired title to the property as described in this paragraph, that the description used in this paragraph be continued and used in any documents in lieu of the first description contained in the caption hereof. 3. Because of the difference in the description contained in the caption hereof and in the conveyance to the above named fee owners as set out in paragraph 2 hereof, and because the property immediately to the East and South of the property described at paragraph 2 hereof was conveyed subsequent to the conveyance to the above named fee owners by a description which may cause an overlap onto the property described at paragraph 2 hereof, we require that a survey of all of the property described in the caption hereof be obtained and made by a registered land surveyor, and forwarded to us for our further review and opinion. The description of the land immediately to the East and South which may cause the overlap problem is found in deed dated March 22, 1941 and filed December 26, 1941 and recorded in Book 1578 of Deeds, Page 606. 4. By a Decree of Distribution dated December 18, 1950, filed March 7, 1951 and recorded in Book 1883 of Deeds, Page 177, the property second above described in the caption hereof was devised to one Joseph M. Code, among others. By deed dated February 13, 1951, filed October 17, 1951 and recorded in Book 1904 of Deeds, Page 114, said devisees conveyed the same property to the above named fee owners. However, one of the grantors was Joseph W. Code. If said Joseph M. Code, one of said devisees, and said Joseph W. Code, one of said grantors, is one and the same person, we require that an affidavit to that effect be obtained and recorded. If they are different persons, we require that a deed be obtained from said Joseph M. Code and his wife, to the above named fee owners conveying the property second above described in the caption of this opinion. If it is necessary that a deed be obtained, then we further recommend that the description in the deed be expanded to convey the following property: DORSEY, MARQUART, WINDHORST, WEST & HALLADAY Village of Edina Page 3 December 28, 1967 Beginning at the Northwest corner of Lot 1; thence East 40 rods; thence South to Mud Lake; thence Westerly along shore of lake to West line of Lot 1; thence North to beginning, Section 32, Township 117, Range 21, according to the United States Government Survey thereof, Hennepin County, Minnesota. 5. Real estate taxes due and payable in 1967 and prior years are paid. The abstract shows unpaid special assessments totaling $1,420.91 This opinion is limited to the matters shown by said Abstract of Title and the documents referred to therein. All matters not so shown are excepted from this opinion and include (a) rights of any parties in possession, (b) possibility of liens for improvements in process or completed on the premises within the last ninety (90) days, (c) general zoning and building laws and restrictions, (d) special assessments, (e) matters which an accurate survey of the premises would disclose, and (f) security interests in crops or fixtures under Chapter 336, Minnesota Statutes, not appearing in the Abstract of Title. TSE:ca M Very truly yours, DORSEY, MARQUART, WINDHORST, WEST & HALLADAY r By as S. Erickson JAMES E. DORSET 11889 -19591 DONALD WEST JOHN W. JONES THOMAS SHAY WALDO F MAROUART JAMES BNESSEY CURTIS D.FORSLUND JOHN W. WINDHORST WILLIAM A.WHITLOCK G. LARRY GRIFFITH HENRY HALLADAY E. J. SCHWARTZBAUER CRAIG A. BECK JULE M.HANNAFORD THOMAS M. BROWN DAVID L.MKUSKEY ARTHUR B.WHITNEY CORNELIUS D. MAHONEY THOMAS O.MOE 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. WRIGHT VIRGIL H. HILL RAYMOND A.REISTER LARRY L.VICKREY ROBERT V. TARBOX JOHN J.TAYLOR LOREN R. KNOTT DEFOREST SPENCER BERNARD G, HEINZEN JOHN W. LARSON ROBERT J. JOHNSON JOHN S. HIBBS PHILLIP H. MARTIN M. B.HASSELOUIST ROBERT O. FLOTTEN JOHN J. HELD PETER DORSEY MORTON L.SHAPIRO GEORGE P FLANNERY JAMES F. MEEKER OF COUNSEL CURTIS L.ROY JOHN D. LEVINE DAVID E.BRONSON ARTHUR E.WEISBERG ROBERT J. STRUYK HUGH H. BARBER DUANE E.JOSEPH MICHAEL A.01-50N LELAND W.SCOTT FREDERICK E.LANGE LARRY W. JOHNSON LEAVITT R. BARKER J - 11=8011 Carroll Coxroll & Porbiz 17 10th A"nue South 110*1zal, M#;t'n"ie tio" DORSEY, MARQUART, WINDHORST, WEST $ HALLADAY LAW OFFICES 2400 FIR5T NATIONAL BANK BUILDING MINNEAPOLIS,MINN.66402 TELEPHONE: 332 -3351 AREA CODE: 612 CABLE ADDRESS:DOROW December 29y 19617 RE: Village of i a-- Acquisition of Rb)mor Tract Dear Mr. Carroll: I *aciosie herewith the following in connection with the ab transllP:etiv�r, 1. A copy ot our title opinion on the property timed, by the Robx ers in Goverment at 1, 0eetion 396 7000 hip 1117, Range 21,, being sW4 to the Village of dins. We serve this upot you as agent for the sellers for the purpose of o0ing mown our objections to title. You will note that we require :a .survey and an affid4vi t be obtained. 2. A contrwt for deed between the Village of Edina and the ohnors wherein the rn�paid 'balagee of $21 .*400 is to be paid in fivbl,,inata :lumatso the :last being due oratuaty 15, 1cM2. l have stricken all references to speei , aaelena nts since it is our understanding that they are to be paid in ftU D by the Robners and also all requirements for tiftnce of insurance on impr e- mente arA the maintenance oil the improvements themselves because it is the VrUwl # present intention to remove the eadsting buildings as .soon as the Rimers have vacated the scene and because the provislone as to the iA#UrWWe thereon is covered by the lower belm referred to. The provision in the *o *rWt restricting the Rohners' remedies to recover buk. the land is required by statute. 3. A lease bet a. the Village at thina and the Rohners allowing them to lease the presses until February 1, lq6q wA thereafter urxtil six r_tha tr�ti o;er is given by either party. *moo-* alb vs"O"tw A "OuL',#. ot * . vat w 'foul * ow 00000 d ................... 4p . .4.i', l.1 7 , .v_- P �. t .� .. _� .Ft ... a.,. ,-„�. :s' ...�. » i4 .t "< �•r �.11t'h fi. ' 04# At -Wy 7T of O .:_y.^ , le pnw Ya' "*p UAW k 0-004 I* L000d �wvAs twl' ;# t"w+m ; n $ to *CA 4;4 +am . E ... l Va L"o * #$�e " ' W ¢ ogtoai *14 ,Y V* W u. ' , lo oft to ot a st 44fiS -am 3Mt *47 - 404 *4 OVAs 4M A' CC Owaba* 1967. t stv", w """� O 3.. 1° Aok �. 1, 0, t, F: s' xy 77 r, vnm=mt too a * "u, to ,. q 4000000* A" 014 so* AV O t *0 a "W * 0* 4 *#so* , . tear to bot AMA '. t or , , c"CY 4 Vag � .,� + W tow* ago a . , INWA xb `tea Q. i Mp JA *1" t use" s *2* •ss '�s _fit ��'l�i:� E'a. -, t:k''; +� ,� �- N JAMES E. DORSEY II6 89 -19 5 91 DORSEY, MARQUART, WINDHORST, WEST & HALLADAY DONALD WEST JOHN W.JONES THOMAS S. HAY WALDO F MAROUART JAMES B. VESSEY CURTIS D.FORSLUND LAW OFFICES JOHN W.WINDHORST WILLIAM A.WHITLOCK G. LARRY GRIFFITH HENRY HALLADAY E.J SCHWARTZBAUER 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 INN E A P O L I S, M I N N.53402 RUSSELL W.LINDOUIST THOMAS S. ERICKSON JAMES H.OHAGAN DAVID R. BRINK MICHAEL E.BRESS JOHN M.MASON HORACE HITCH PAUL G.ZERBY MICHAEL W. WRIGHT VIRGIL H. HILL RAYMOND A. REISTE14 LARRY L.VICKREY TELEPH0N E: 332 -3351 . ROBERT V. TARBOX JOHN J- TAYLOR LOREN R. KNOTT AREA C ODE: 61 2 oroe DEFOREST SPENCER BERNARD IBBS ZEN JOHN W- H. MARTIN ROBERT J.JOHNSON JOHN S. HIBBS PHILLIP H. MARTIN CABLE ADDRESS:DOROW M. B.RASSELOUIST ROBERT 0 FLOTTEN JOHN J_ HELD PETER DORSEY MORTON L.SHAPIRO GEORGE P. FLANNERY JAMES F. MEEKER OF COUNSEL CURTIS L. ROY JOHN D. LEVINE DAVID E. BRONSON ARTHUR E- WEISSERG ROBERT J.STRUYK HUGH H. BARBER DUANE E- JOSEPH MICHAEL A.OLSON LELAND W. SCOTT FREDERICK E. LANGE LARRY W. JOHNSON LEAVITT R. BARKER January 15, 1968 Mr. George Hite Village of Edina 4801 West 50th Street Edina, Minnesota RE: Mud Lake Acquisitions -- Rohner Tract Dear George: I enclose herewith an original and one copy of a Contract for Deed and Lease between the Village of Edina and Harold G. Rohner and Genevieve D. Rohner, husband and wife. Will you please have both copies of each of these instruments executed by the mayor and clerk and duly witnessed and acknowledged. Then return a copy of each to me and I in turn will forward them all to the attorney for the Rohners. You will note in the lease that the Rohners have the right of possession up to the 30th day of June, 1969 and must vacate by that day if the Village has given notice prior to January 31, 1969 and if the Village has not given notice by that date then the lease can be terminated by either party at any time by giving six months notice to the other and the lease ends at the end of the six month period. As we discussed previously over the telephone, exemption of the property from real estate taxes should now be obtained. Will you please place the exemption request in the necessary channels. As we discussed, we waived the requirement for the survey. We have also obtained and filed an affidavit which will correct the title objections noted at paragraph 4 of our opinion of December 28, 1967. I was also advised prior to closing, that the specials to be paid by the Rohners in the amount of $1,419.32 were paid by them. 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RCWM (also lsnoft ec Cris "leve Rdaer) ism, ArA wife, me teommto, Vl"= s 33 Lftsor, tax boWdOratim of e covv 4t Wd Le40tes bereft danuioed, lot's to ssid tube, raise*, herelrAfter mUod "teased ed Prwioee in the CoMAY of HeMOPIAt * of VAMOSOU0 do ibao ss to""** �t l Vii; at the xmt *ONOAW *t dweramt 14t 1, iooto too" awt 161.5 toot, thonat R #-vth 20.1 toot 167.5 rest to the Put* of besUmalreo Co^oWsllag ). a*rs, `1be North 10.43 : 't of the FAst f'1:0 too at 'tb*t part ot Oweramout Lot Xs SOW= 391, ` t p U? NOTU, er+e '.)i dmwiw as f*iloa s C-Azwwclmg at the NostAwast car their ) vAdmer UA Alfto talc mom line s die aa* of 40 s*Asj the South to Ui' cF Vvmwe Vestearly abmg Mad Laker to th+e e st U= or Gwormmt Lot 1C tbvw*WortA to tbo ga trat OUbtaindA4. Ali aswordim to 'the Rite d Sta b c*,ivormomt r BOO, #Lome'll in te nl !, I ,arsota, atludira , all - a 1.00A -- th a ;e11 hearer€' csaU 404 4WV*7t s "4" t VOU*Lo bolOMOU =I in "�Se U4-n9, f,*:r the teem 0 MMOKtoins CO the herem't A 'Z tin 6 to aal IWIUZ49 VAP 30th day of June, -1969 07do 1-f Leaas+ hwe UWA l ed the LORSOO rromdd?as or if La stor W a fir, prior to ,Tan. 31,:1969,givea, aotUo to Lessees 'tC ' d L June 30, :1969 taes this a sh*U aoatimto "tee' oct l 6 mObs Aftm rttte a wtioe of ' fi r *lta bareof SiVft W either pavty MfttOo VOr tho $M of fifty WA X /jW �) 1 n ($50•Qo) on M=th O, it4 V'O 19 wA popblo tAerowd' z alviag tkm tom OC this le e, in asd'e ,, at ssaar' a of:o w An i:13O*, Ali ; provided, Mwover# *t la ea"s the Lowered, llve%iAft t om WAU for er*aaPOWY romem of GOV O LSaaareor, thin ie Pb&3 tae iftte at Oe s, q�uoc to tae ere tw by Ott" notide to Le" ata , awl PAMW Or t "*t a b*rqOV sus f'rm OJA LoOtaat OW WAM$ ALMOUVOs 'fit 4**$W Uve no }.#s► iUty *f UW hi" SUM Von $ Losso Wes : #W f4w srU 0AUtios U044 m usso+td pat"I ses torim vs 'team at t h" umo, mm a laumt qtr wee* via 4l It Le"O r tao OUW ARSIMM AIM . M.1CtkQs *at UAIWO vtU wA tip *"A au or a w 04 of Ow tam s Withaat the **"eat to atlas s"Wl .. AROXOMOM OR. AWAMNS IM* to 000 W*M"m *AU ftftAt U W umaomt That Losor "a 44 1a0 11010 for any dmooe or Injoxy ,to ge'rx= or pmpwty vocul-riva m or oouk 00 Loww ptals" d=U% Us tom UOVOW4, and Lo"WAPU $mdox"O 1AWr a44 b-01A it UmIA,4* ftm WW �*X' *mti. damp 'w immw4ig, iwl*iiv rowmabl* otte"wo, to"# Am to or Wobs emit *r so* 40040 or W "doo it UVA4 domw or Way bo duo +"o 00 t4t w 404tot at 1,044000 OA asofts or owuo". Rwlxa cr vaawft; Us% wou twutowm or owsroam booe to""* viu prowtly t"O" AU at tbo proporty rMA that L000d P.-044" VA vm POA*taur own"Aft us Imoot pr"Is" to lowon L"Wom *Uoo*t OW U00 is the tam borwel mw row" au lao""Ing UWO"W^" A* the 04 &W oodh Ono"* S" U14"Wos low"Sawto &A vom*O VObia 13 fts 0*0 M" tuala"to ;w wgv4^U4* *%Mo 40ow Ao)► l 04 L"sw m*y wommot "ll, 4"trtv a, othe"I" dso"" of the =MANM; %b^t Low 044 14*000 sj*u 04ch WALo*sA oo* Usum"o 00 ow z"w ftosuos" 009 tooig ***v"Uvv -prVo7sloo twrooa' so taw 4"tre' Oooh,ta#WjV4 I*afx ro"Oo JaW#4* wA prVov#i4wt as4 AoIttow Wtr Oball l ** ** right " ow 140#000 procooft 1"O by 00 Otbo trft Its Irouronoo 40014W. 80=m Wm* za 06 ~ L"*00 ov"U" to MIA pos"Oon OC tbo lowd WONUO Xft*r *WatW*VA f* **U*tUft k*rW, 40* bdUUUX OVW obog I* a *mth to *an* teb*w mars sAw V"o ot )A* to tb*'ow4%w MWO, � 3 � oho To tho ussefto"O. 4 # S i mow* elcoo IOr znl mo MIUMOOta tU4 : aw l r� t r4 Iliba" PrInUac OWMM AM hex tom:* rstj *owe so" Visor 444 Loas t w $# Ul *07 tus "% 4w of 'O ors 1907, i f 1 5 _. w OA 19 tar I U X4 a VI woft two, 6 ]ROU0 B 0. MIX 04 rLMMIC ho, trees Wh IW 4* *A4 *w, O' Maw VIUSP at Cwt` or *iP*l g ica l � " vm 404 nowt D* wu r` e J. N. DAL61 Nota- 'ubl %a Hennepin County, Minn - MY Commiss..:,r Expires July 24, 19 70: v ".3 1, < i an ... ?� \ � - y y2, �� ` V"~*` Made and ` WitnC.Mq0b, That the said partAC.A. of the first part in consideration of the covenants and affree- ments of said parLy ...... of the second part, hereinafter contained, hereby sell ...... and agree ...... to convey Deed, ' accompanied by an abstract evidencing good title in part...ieZ of the Arst part at the date hereof, or by an owner's duplicate certtficate of title, upon the prompt and full performance by said part ...... Y.. of the second part, of ....... UP .................... part of this agreement, the tracts... of land, lying and bein in the a point ion the North line end 660.0 fe,-t* �, -East of the NartIA,.,ezt corner of Goverr=at LcA., 19 Horth 2_60.0 reot to the North Ilue oi' Zaid Goulernment Lcel; I., thence West 167.5 fci�t to the pluce of be,-,Irnnin3x containing, 1 aczej, subolect to road ez-X=nt on North 33 feet. A,,4 therenf ; tlx-nce East along the Nors.-h line Ai dist=ce of 40 rods; thezce South to L�,A%e; All accorcUni, to the United States G_-vvr=eat Survey thereof� Hennepin Cotuxtys, Mllruaesota. � .4nd said, part ..... Y... of the,second -part, in consideration- of the premises, hereby agree ... 2 to pa-Y said 6000 4r., "Alnnenptaj, or "."t rich pttcr plr�cp as in manner and at ttmes following 100 on January 1% 1963; 41,200 on January 1% 1969*2 '100 on January 15, 1970- y4,2 2 *4,200 on January 153, 1971; wA' Party of the second Part shall. have,,,aad is heray glvcn�tha right to prepay this C-_ntr"*t for Deed IA faU at ezy time arter J==ry 1% 1968 irltbout Penalty or Pre=i=. The texnz � xjstract for Deed am suoject 10 an vZreeacat of ==3 aaVO herewith betveen the parties of the firSt part and the PartY Of the 8 Ond - 0 t4 '7 of the second part from the inzU3.2mont payments due hereunder. Said nart.�Er ....... of the second part further covouuut$.- and follows: to pay, b,fvc* penalty ^uacbox thereto, all taxes due and payable iu the year 1*-(30 and in subsequent ycuz4 reoa-'..._----_--__---_----_---.----._-'__-_-'_--___-'-----'_--_-----_---_-----.-_-.__--_-----_--.__- � .......................... .......... ................................................................................ ....... ........................................................................ .................................... ' Tit But should the second part ..... Y... fail to pay any ---- item to be paid by s tZ ........ under the terms hereof, same may be paid by first part ....... A. and shall be forthwith pay- a T� I � able, with -`---_`-�---.', as an additional _-- amount _ _- fir._----.' under this _ contract. � '' But should default be made in the payment of principal at interest due hereunder, or of any part thereof, to be by -second part..Y . . ... paid, or should...____1,tL .............fail to pay the taxes or-assesnamoo upon said land poem•uaw-upo"a4d irmmnte-, 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..214.'J. of the first part may, at___A)1z1X ...... 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 ...... .103f the first part as liquidated damages for breach of this contract by said second part ..... 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.._: cs 3 of the first part ....thOIZ ... rights to declare this contract forfeited by reason of any breach thereof, shall in any manner affect the right of said part.11W. 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 .... X.. of the second part hereby specifically agree... a, upon demand of said part I.C.3... of the first part, quietly and peaceably to surrender to ....... . .. ULM ......... posses- sion of said premises, and every part thereof, it being understood that until such default, said part....Y ..... of •the second part.......... .!' ..........................to have possession of said premises. AV; t"' t* the C.C.1,-ztZary a-" "I f-� - i. - - 1. It to understood that the sole and 0=1=1'9 ram-'c'y r'n4:%-V':1CS 0? thO first P*rt 111 the eVftt of MY dOTMIt hereunder b.V r=ty C)f the ',"I bKo the enacollatian -,,f VhI3 Cmtract r oad r fix D and the reco7e r of tha I= Wd party Of the ScOMA, pmrt ShZU 11wro n rsowl liabi4t7. of "m kinA 5t 15 Olutuallp Zrareebr, 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. 3n VAHMOUP UMMOt, The parties 'hereto have, hereunto set their hands the day and year first above written. In Presence of VILUOZI; CF U)MA T-37 Xts Kayor And Ito Clerk Countyof ............. ........................................................ Onthis .............. .............................................................. ...day of. .............................................................................,19............, before me, a ......................... . . ......................................................................................... within and for said County, personally appeared WMD G. R== VXA GE07ME D. Ra1r.TM,, (aUo known as Genevieve RcLmer)c, hrusb=d =-4 wife to me known to be, the person.!k described in, aml who executed the ,foregoing instrument, and 'acknowl- edged that t3W.Y. executed the 8a7?W as ................... ................. free act and deed. .............. .......................................................................... ................ NotaryPublic, ............................................................:.....County , Minn. My commission expires .................. *'..' ...................... 19.. No. 1003%— Certificate of Acknowledgment —By Corporation Miller•Davis Co.. Minneapolis. Ifina. y i "btate of........... :to '(Y M ... ............................... -TW PIN County of ............. .......... I ......... On this ..................... day of ................................................. 19...::......., before me, a .......................................................................................................... within and for said County personally appeared ......... Arthur .. C....Zredenen, .. Jr . ..................................... a?zd ........ F11c 0 ... BA ... "amera ...................................................... to me personally known, who, being each by me duly sworn .............................. did say that they are respectively the................. nm . ........................................ 2UW&UMt and the, ........... CleXk ................ .... ............................ of M32-age ... of .. FAUna ............................................. "MunTe 0�' C'o r lvaa?b name t'Ns foregoing instrument, and that the seat a,��'to" said *instrument """.W 0 a awte seat and that said instrument was signed and sealed in behalf of sale by authority of its BUmf 4=-AU32age .. CMMC13 ...................and said ............. Ar.th= ... CA ... Bredeg.erkv ... Jr, .............................. .............................. and Floc en B. Hallb"S ................... acknowledged said instrument to be the' free act and L deed of said '�-inieip&3 . ............................................................ eorporation. .......... 111.1 .... " .......................................................................... .................................................... ***"* ... '- NotaryPublic ............................................................ County ................... .,., ........................... Jlfy commission expires ..................... .. .... ... .......... 19_..._.. t C 0 Ln r N M VV o 2 0 D m Z C IT 0 N _ O 0 C 2 -{ M = W W N m 3 W Z \V Z m D 0 A O �J r N z N A O N l i Complete Title Service • Title Insurance • Escrow Service • Abstracts of Title • Registered Property Abstracts • All Types of Searches Order N, 69344 ABSTRACT OF TITLE —TO— Part of Government Lot lr Section 32- 117 -23. No*A 3&4 ,oat 9 %& iqaa*aw y, Sac. 501 Second Avenue South • Minneapolis, Minnesota 55402 Phone: 335.6631 This certifies 11 ee yti in ,state ent from 29 to 40 [[ LL inclusive No. inclusive, is a correct Abstract of Title to land described in No. 29 therein, as appears of record in the office of the Register of Deeds in and for Hennepin County. Minnesota, in- cluding taxes, according to the general tax books of said County. • Recording Service Dated December 21st ,lg 67 ,7a.m. /Voriuij?�'tr✓t AGd�%i+�ci L� �Iiile (l'uaiia�trt, Sac. By Authorized Signature Fo, Carroll & Perbix Deliver to Dorsey, Marc?uart, Windhorst, West & Halladva Attn: Mr. Thomas Erickson NS -AB103 Anhnor oA rC ads of f d id 'the�oeie�� of 4.4hi Rvisur of a "County; $ k�nep* ty; innelptoo rnc" lexes according to the general tea bb4ks of std Order vo..'Je.".0 ................... 3.03AMAt1Y'r ......°2i.0.' a.m. ..... 201......19...', to TO- 4 Deliver to ............... Y ... XA .... a A qu ................................................ r. UA ........................................................................................... .... ......... . ....... ........ . ........ ........................ . .................. .................... - gyres the within stialement fiom Irom lrom indit'* to he a correct AbAw�t �qfl TiAr to-40' -do lre 4n ko.. PAIR ... . ... ads of f d id 'the�oeie�� of 4.4hi Rvisur of a "County; $ k�nep* ty; innelptoo rnc" lexes according to the general tea bb4ks of std county. 3.03AMAt1Y'r ......°2i.0.' a.m. ..... 201......19...', 116 InMance Co p►an of otar (::sl BY.......... ......... . .. ...... 4 Deliver to ............... Y ... XA .... a A qu ................................................ r. ........................................................................................... 45ttle 3nourance Companp of joinntoota 125 South Fifth Street Now Lds Key 17 pt r i Form No. 42. LF 239 3M 1 Title Nouranct companp OvAiuueoo to 125 SOUTH FIFTH STREET MINNEAPOLIS, MINN. r--- 36 I � 1 I I 1 1Z I I (3 1 24 i 1 1 25 1 ! 36 L_ _ 1 6 5 4 3 2 1 6 1 1 1 7 8 9 f0 11 12 7 1 18 /7 16 15 14 13 !g 160 wcves 19 20 21 22 23 24 19 I 30 29 28 27 26 25 30 - - -4 I 31 32 33 34 35 36 31 ! I I 5 i 4 3 i 2 6 ---- 1---- 1 - - - -1— — --� - -- �— -------- - - - --� ABSTRACT OF TITLE TO- 1 All that part of Government Lot 1, Section 32, Township 117 North, Range 21 West of the Fifth Principal.Meridian, described as follows: Commencing on the North line of said Government Lot 1 distant 40 rods East of the Northwest corner thereof; thence South at right angles 260 feet; thence East at right angles 167.5 feet; thence North at right angles to the North line of said Government Lot 1; thence West along the North line of said Government Lot 1 to the point of beginning.. • rod is 1634 feet. • chain is 66 feet or 4 rods. • mile is 320 rods, 80 chs., or 5,280 ft. • square rod is 2723/ square feet. An acre contains 43,560 square feet. 8 80aeRrs An acre contains 160 square rods. An acre is about 208g feet square. 40 chains, 160 rods or 2,640 feet. 40 Acaca — 7 -----— '- -- .r---- r- - -� - -- - - - -1 31 i t 33 i 34 j 35 3 36 3 , 5 i 4 3 i 2 6 ---- 1---- 1 - - - -1— — --� - -- �— -------- - - - --� ABSTRACT OF TITLE TO- 1 All that part of Government Lot 1, Section 32, Township 117 North, Range 21 West of the Fifth Principal.Meridian, described as follows: Commencing on the North line of said Government Lot 1 distant 40 rods East of the Northwest corner thereof; thence South at right angles 260 feet; thence East at right angles 167.5 feet; thence North at right angles to the North line of said Government Lot 1; thence West along the North line of said Government Lot 1 to the point of beginning.. i 1 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 2 at 8:30 o'clock A. M., as Document No. 1684387, and was recorded in Book of Govt. Survey Plats, page 3. "The above map of Township No. 117 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. 117 North, Range No. 21 West of the 5th Principal Meridian on file in this Office. (The Great Seal of the Mike Holm, Sec'y of State. State of Minnesota) St.Paul,Minn.Sept. 4, 1931." Townshi�v N° //7 N. Range ,�9 W .�th111e�: om»,.71. Ws R. NoM xm��=r' I United States Entry No. 1103 To Dated October 23, 1855 Richard Chute See Land Office Records on page 34 The United States of America To Richard Chute Richard Chute Mary E. Chute, wife 5 To James Rodney Case James R. Case 6 To Percival Drayton it Lot 1, Section 32, Township 117, Range 21, containing 47.50 acres. Patent Dated April 2, 1857 Filed June 18, 1862, 3 p.m. Book T of Deeds page 378 Lot 1, Section 32, Township 117, Range 21, containing 47.50 acres. Warranty Deed Dated January 1, 1855 Book C of Deeds page 617 Consideration $990.47. Lot 1, Section 32, Township 117, Range 21, containing 47 1/2 acres. etc, etc. Richard Chute signed Richd. Chute. Mortgage Dated Nov. 26, 1856 Filed Dec. 12, 1856, 10 a.m. Book D of Mtge. , page 396 To secure payment of $1500.00. Lot 1, Section 32, Township 117, Range 21, etc, etc. Percival Drayton Power of Attorney 7 To Dated June 30, 1858 N. J. T. Dana Filed June 15, 1861, 9 a.m. Loomis L. White Book 1 of Bonds page 422 I, Percival Drayton, Commander in the Navy of the United States, have constituted, made and appointed, and by these presents do con- stitute, make and appoint second parties, Bankers of St. Paul, Min- nesota, or either of them, lawful attorneys for me, and in my name and stead and to my use, to ask, demand, sue for, levy, recover and receive all such sum and sums of money, debts, rents, goods, wares, dues, accounts and other demands whatsoever which are or shall be due, owing, payable and belonging to me or detained from me in any manner of ways or means whatsoever; also to lease for any period of time they may think advisable, not exceeding the term of two years to any person or persons whomsoever, any lands, tenements or here - ditaments which I now possess or which I may hereafter acquire in the State of Minnesota, on such terms as they may think proper, hereby giving and granting unto my said attorneys by these presents full and entire power and authority in and about the premises, to have, use and take all lawful ways and means for the purposes afore- said, and upon the receipt of any such debts, dues or sums of money (continued) (No. 7 continued) aforesaid, acquittances or other sufficient discharges for me and in my name to make, seal and deliver and generally all and every other act and acts, thing and things, device and devices in the law whatsoever needful and necessary to be done in and about the premises, for me and in my name to do, execute and perform as 'fully, largely and amply to all intents and purposes as I might or could do if person- ally present or as if the matter required more special authority than is herein given; ratifying, allowing and holding for firm and effectual all and whatsoever my said attorney shall lawfully do in and about the premises by virtue hereof. Percival Drayton signed by P. Drayton. Percival Drayton By N. J. T. Dana His attorney in fact 8 To James R. Case James R. Case Elisabeth A. Case, wife 9 To Robert R. Ballock Robert A. Ballock 10 To C. L. Emerson Release of Mortgage No. 6 Dated June 14, 1.861 Filed June 15, 1861, 9 a.m. Book Q of Mtgs., page 217 Warranty Deed Dated Jan. 16, 1857 Filed April 23, 1857, 1 p.m. Book G of Deeds page 484 Consideration $1500.00. Lot 1, Section 32, Township 117, Range 21, containing 47 1/2 acres. etc. etc. Subject to Mortgage of $1500.00. Warranty Deed Dated June 13, 1857 Filed August 8, 1857, 2;30 p.m. Book H of Deeds page 471 Consideration $7925.25, Lot 1, Section 32, Township 117, Range 21, containing 47 1/2 acres. etc. etc. Charles L. Emerson Quit Claim Deed Lydia M. Emerson, wife Dated June 14, 1860 11 To Filed April 24, 1861, James R. Case Book R of Deeds page Consideration $1.00. Lot 1, Section 32, Township 117, Range 21, containing 47 Charles L. Emerson signed C. L. Emerson. Lydia M. Emerson signed L. M. Emerson. James R. Elizabeth 12 To George W. Case A. Case, wife Bodwell Lot 1, Section 32, Township James R. Case signed J. R. Elizabeth A. Case signed E. 11 a. m. 551 1/2 acres. etc. etc. Quit Claim Deed Dated August 8, 1860 Filed April 24, 1861, 12 M Book R of Deeds page 552 Consideration $1.00. 117, Range 21, containing 47 1/2 acres, eto. etc. Case. Recites J.R.Case in acknowledgment. A. Case. 13 14 George W. Bodwell Hattie E. Bodwell, wife To Telfair Marriott Lot 1, Section 32, Township 117, George W. Bodwell signed Geo. W. Hattie E. Bodwell signed Harriet Telfair Marriot' To John Code John Code 15 To The Public First party, heirs and assigns, may be uncovered from water by drawing Mud Lake in Sections 5 Section 32, Township 117, Range joins said Lake. Quit Claim Deed Dated June 12, 1861 Filed June 15, 1861, Book S of Deeds page Consideration $1.00. Range 21, containing 47 Bodwell. E. Bodwell. 6. 3 P.M. 81 1/2 acres.etc.etc. Deed Dated May 11, 1868 Filed June 8, 1868, 9:30 a.m. Book 18 of Deeds page 270 Consideration $237.54. Lot 1, Section 32, Township 117, Range 21. Agreement Dated - - - -- Acknowledged March 9, 1875 Filed March 10, 1875, 2 p.m. Book 5 of Misc., page 601 Consideration $1.00. will make no claim to any land which reason of M. Gleason's or others and 6, Township 116, Range 21, and 21, on account of his estate which John Code suit Claim Deed 16 To Dated August 26, 1875 George Code Filed Sept. 11, 18762 9 a.m. Book 51 of Deeds page 523 Consideration $25.00. All that part of Lot 1 in Section 32, Township 117, Range 21, which lies in the Southwest 1/4 of the Southwest 1/4 of said Section. Intending to convey all land in said quarter quarter surrounding Mud Lake, so called, and also all interest in and to said Mud Lake or botton thereof in case same is dreaned or becomes dry in any other manner. Auditor of Hennepin Certificate of Tax Sale County, Minnesota Dated Dec. 20, 1875 17 To Filed Dec. 26, 1877, 9 a.m. State of .Minnesota Book 69 of Deeds page 111 Sold for ,$4.79. Lot 1, Section 32, Township 117, Range 21, etc. etc. 18 In the Matter of the Petition Incorporation of the Dated Oct. 27, 1888 Village of Edina Filed Dec. 17, 1888, 11 :30 a.m. Doc. No. 69940 Book 40 of Misc., page 106 Includes land in No. One, etc. In the Matter of the 19 Estate of George Code, Deceased Doc. No. 602694 Probate Court Hennepin County, Minnesota Case No. 5573 Certified Copy of Decree of Distribution Dated May 3, 1899 Filed June 30, 1911, 9 a.m. Book 706 of Deeds page 49 Debts paid. Died testate May 25, 1897. Real Estate: Southwest 1/4 of the Southwest 1/4 of Section 19, Township 28, Range 24; Also all that part of Lot 1, Section 32, Township 117, -Range 21, which lies in the Southwest 1/4 of the Southwest 1/4 of said sec- tion, and being all the land in said quarter surrounding Mud Lake, so called, and all of said Mud Lake which has heretofore been drained or become dry, or which may hereafter be drained or be- come dry; East 37 rods of the South 30 rods of Lot 5, Section 33, Township 117, Range 21. Assigned to William Code and Joseph R. Code. Subject to the fol- lowing legacies: To Frank R. Code the sum of $600.00 to b•e paid within six years after the death of said testator. To George A. Code the sum of $300.00 to be paid same as above. To Elsie Hanke, the sum of $1000.00 when she shall have arrived at the age of 18 years, or within three years after the death of said testator. To Ruth Boyce the sum of $1000.00 to be paid same as above. In the event of the failure of the said William Code and Joseph R. Code, or either of them, to make said payment, then there shall be assigned to Elsie Hanke the East 10 acres of the Southwest 1/4 of the Southwest 1/4 of Section 19, Township 28, Range 24; and to Ruth Boyce the West 10 acres of the East 20 acres of the Southwest 1/4 of the Southwest 1/4 of Section 19, Township 28, Range 24. In the Matter of the Probate Court 20 Estate of Hennepin County, Minnesota George Code, Deceased Case No. 5573 Doc. No. 746742 Certified Copy of Decree of Distribution Dated May 3, 1899 Filed March 3, 1915, 10 :20 a.m. Book 732 of Deeds page 586 Debts paid. Died testate May 25, 1897. Assigned as per will. Southwest 1/4 of Southwest 1/4 of Section 19, Township 28, Range 24, containing 45.49 acres more or less. Also all that part of Lot 1, Section 32, Township 117, Range 21, which lies in Southwest 1/4 of Southwest 1/4 of said Section, and being all that land in said quarter surrounding Mud Lake, so called, and all of Mud Lake which has heretofore been drained or become dry or which may hereafter be drained or become dry. Also East 37 rods of South 30 rods of Lot 5, Section 33, Township 117, Range 21, containing 6 1/2 acres more or less. ( continued) a 4 6 (No. 20 continued) Assigned to William Code and Joseph R. Code, subject to payment by them of legacies to the persons and in the amounts as set forth in said will. In case of failure of said William Code and Joseph R. Code, or either of them, to pay said legacies of $1000.00 to Elsie Hanke and Ruth Boyce upon their arrival at age of 18 years, then, and upon happen- ing of such event, there is hereby assigned to said Elsie Hanke in lieu of said legacy to her, following described land: East 10 acres of Southwest 1/4 of Southwest 1/4 of Section 19, Township 28, Range 24, and to said Ruth Boyce following described real estate, to -wit West 10 acres of East 20 acres of Southwest 1/4 of Southwest 1/4 of Sec- tion 19, Township 28, Range 24. William Code Affidavit Joseph W. Code (also Dated Feb. 5, 1940 known as Joseph R. Code) Filed Feb. 16, 1940, 2 :10 p.m. 21 To Book 389 of Misc., page 428 Whom It Concerns William Code and Joseph W. Code Doc. No. 2021256 (also known as Joseph R. Code) being first duly -- upon oath depose and say: That they are named as the distributees in that certain Decree of Distribution in connection with the Estate of George Code, deceased, which instrument was filed for record in the office of the Register of Deeds, Hennepin County, Minnesota, as document No. 602694, cover- ing the following described property situated in said county and state: Southwest 1/4 of Southwest 114, Section 19, Township 28, Range 24. Also all that part of Lot 1, Section 32, Township 117, Range 21, which lies in Southwest 1/4 of Southwest 1/4 of said Section, and being all the land in said quarter surrounding Mud Lake, so called, and all of said Mud Lake which has heretofore been drained or become dry or which may hereafter be drained or become dry, and East.,37 rods of South 30 rods, Lot 5, Township 117, Range 21; Subject to the following legacies: To Frank R. Code, the sum of $600.00 to be paid within six years after death of said testator. To George A. Code, the sum of $300.00 to be paid same as above. Affiants state that they have good proof and knowledge that the above stated legacies of $600.00 to Frank R. Code and $300.00 to George A. Code as above provided in the Decree of Distribution of estate of George Code have been fully paid and satisfied. Subscribed and sworn to before Michael A. Davitt, Notary Public, (Notarial Seal), Hennepin County, Minnesota. Commission expires May 11, 1946. Wm. E. Code Quit Claim Deed Blanche C. Code, wife Dated Dec. 30, 1908 22 Frank R. Code Filed Dec. 31, 1908, 1 p.m. Jennie S. Code, wife Book 621 of Deeds page 199 To Consideration $1.00 etc. Joseph W. Code Fractional Lot 1, Section 32, Doc. No. 512976 Township 117, Range 21, bounded by a line commencing at the North- west corner of said Lot 1 and running East on the North boundary line of said Lot 1, 40 rods; thence South to the North shore line of Mud Lake; thence Westerly along the shore of said Mud Lake to the West line of said Lot 1; thence North on said West line to the place of beginning. Together with right of way for road over the North 2 rods of the East 40 rods of the West 80 rods of said Lot 1. Blanche C. Code does not sign. Wm. E. Code Quit Claim Deed Blanche C. Code, wife Dated Dec. 30, 1908 Frank R. Code Filed March 11, 1910s 2 :35 p.m. Jennie S. Code, wife Book 679 of Deeds page 192 23 To Consideration $1.00 etc. Joseph W. Code That fractional part of Lot 1, Doc. No. 554773 Section 32 Township 117 Range 21, bounded by a line commencing at the Northwest corner of Lot 1 and running East on the North boundary line of said Lot 1, 40 rods; thence South to the North shore line of Mud Lake; thence Westerly along the shore of said Mud Lake to the West line of said Lot 1; thence North on said West line to the place of beginning. Together with right of way for road over the North 2 rods of the East 40 rods of the West 80 rods of said Lot 1. Re- record of Book 621 of Deeds page 199. Blanche C. Code signed Blanch C. Code. Joseph W. Code Quit Claim Deed Jennie A. Code, wife Dated Dec. 30, 1908 Frank R. Code Filed Dec. 31, 1908, 1 p.m. Jennie S. Code, wife Book 621 of Deeds page 200 24 To Consideration $1.00 etc. William E. Code Fractional Lot 1, Section 32, Doc. No. 512977 Township 117, Range 21, bounded by a line commencing at a point on the North boundary line of said Lot 1, 40 rods East of the Northwest corner of said Lot 1 and running South at right angles to said North boundary line to the North shore line of Mud Lake; thence Easterly along the shore line of said Mud Lake to a point where a line projected South from a point in the North boundary line of said Lot 1, 80 rods East of the Northwest corner of said Lot 1 and at right angles with said North line would intersect the shore line of said Mud Lake; thence North on said projected line to a point on'said North boundary line of said Lot 1, 80 rods East of the Northwest corner of said Lot 1; thence West on said North boundary line 40 rods to point of beginning. Saving and Reserving to said Joseph W. Code a right of way for a road over the North 2 rods of above described tract. W. E. Code Warranty Deed Blanche C. Code, wife Dated July 16, 1938 25 To Filed August 12, 1938, 11 a.m. the Village of Edina of Book 1475 of Deeds page 172 the County of Hennepin Consideration $1.00 etc. and State of Minnesota All that portion of Government Doc. No. 1941786 Lot 1, Section 32, Township 117, Range 21, described as follows: Beginning at a point 40 rods East of the Northwest corner of said Government Lot 1; thence South 2 rods; thence East 40 rods on a line parallel to the North line of said lot; thence North 2 rods to the North line of said Government Lot 1; thence West along the North line of said lot a distance of 40 rods to the point of beginning. The above described parcel of land shall be used for road and high- way purposes only and in the event such road or highway shall at any time be vacated the title to the above described parcel of land shall revert to the grantors herein, their heirs or assigns. Regularly witnessed, (two witnesses). Acknowledged July 16, 1938, by W. E. Code and Blanche C. Code, his wife, before N. W. Joubert, Notary Public, (Notarial Seal), Hennepin County, Minnesota. Commission expires October 22, 1942. 11 6 26 No Old Age Assistance Lien Certificates filed in the office of the Register of Deeds, Hennepin County, Minnesota, against the parties hereafter named, between the dates set opposite their respective names. William Code or William E. Code or W. E. Code December 31, 1939 September 26, 1940, 7 a.m. 27 Taxes for 1938 and prior years inclusive paid. Taxes for 1939 1/2 paid, 1/2 not paid. Taxes assessed in the name of Code. 28 For Judgment and Bankruptcy Search see Certificate attached. r 2 9 . A B S T R A C T OF T I T L E ig All that part of Government Lot 1, Section 32, Township 117 North, Range 21 West of the Fifth Principal Meridian, described as follows: Commencing on the North line of said Government Lot 1, distant 40 rods East of the Northwest corner thereof; thence South at right angles 260 feet; thence East at right angles 167.5 feet; thence North at right angles to the North line of said Government Lot 1; thence West along the North line of said Government Lot 1, to the point of beginning. And The North 194.43 feet of the East 280 feet of that part of Government tot 1, Section 32, Township 117 North, Range 21 described as follows: Commencing at the Northwest corner thereof; thence East along the North line a distance of 40 rods thence South to Mud Lake; thence Westerly along Mud Lake > to the West line of Government Lot 1; thence North to the point of beginning. Subject to a rood along the North side of both the above described premises. 30. William E. Code and Warranty Deed Blanche C. Code, his wife Dated October 4, 1940 To Filed October 9, 1940 Harold G. Rohner and Book 1531 of Deeds, Page 415 Genevieve Rohner, his wife, Consideration $1.00 etc. as joint tenants (B- eginning at a point on the North 2058286 _1ne and 660.0 feet, East of the Northwest corner of Government Lot 1, Section 32, Township 117, Range 21, thence South 260.0 feet, thence East 167.5 feet, thence North 260.0 feet to the North line of said Govern- ment Lot 1, thence West 167.5 feet to the place D f, beginning, containing 1 acre, subject to road easement on North 33 feet�.7 31. State of Minnesota Vs. Code, Joseph W. Route 9, Minneapolis, Minnesota 2012003 Certificate of Old Age Assistance # 8868 Dated December 30, 1939 Filed January 6, 1940 Book 244 of Liens, Page 393 The welfare Board of Hennepin County, Minnesota, has granted recipient old age assistance effective January 1, 1940 in the amount of $15.50 per month. This certificate constitutes a lien in favor of the State of Min- nesota and notice to all persons of such lien against the real property of the recipient, whether now owned or subsequently acquired, for the amount of assistance hereafter paid to the recipient, but without in- terest, which lien may be released only in the manner provided by Min- nesota Laws, 1939, Chapter 315. The amount of this lien shall be the amount of old age assistance granted and oaid from this date forward as shown by the records of the county agency. 32 33. State of Minnesota Partial Release of Old Age Assistance To Lien No. 31 Code, Joseph W. Dated October 31, 1950 2662253 Filed November 7, 1950 Book 228 of Liens, Page 331 This release shall operate to discharge the lien as to the real property hereinafter described, to -wit: Part of Lot 1, Section 32, Township 117, Range 21, more particularly described as the Fractional part of Lot 1, Section 32, Township 117, Range 21, bounded by aline commencing at the Northwest corner of said Lot 1 and running East on North boundary line of said Lot 1 40 rods; thence South to North shoreline of Mud Lake; thence Westerly along shore of said Mud Lake to the West line of Lot 1! thence North on said West line to point of beginning. William E. Code, Warranty Deed Blanche C. Code Dated March 22, 1941 To Filed December 26, 1941 Donald E. Parry and Book 1578 of Deeds, Page 606 Eleanor R. Parry, wife, Consideration $1.00 etc. as joint tenants "The Meadow" All that part of Govern - 2125644 -ment Lot l lying in the Southwest 1/4 of the Southwest 1/4 of Section 32, Township 117, Range 21 East of the following described line beginning on the North line of said Government Lot 1, 827.5 feet East of the Northwest corner thereof, thence South 260 feet, thence West and parallel to the said North line of government Lot 1, a distance of 167.5 feet to a point 40 roes East of the west line of said Government lot 1, thence South and parallel to the West line of said Government lot 1 to Mud Lake, subject to an easement 33 feet in width along the North line of said Government Lot l granted the Village of Edina. Etc. Recites William E. Code only in body and acknowledgment.(Shown for refer- ence.) 34. In the Matter of the Estate Probate Court, Hennepin County, Of Minnesota Joseph W. Code, Deceased Case ;#74088 2681943 C. C. Decree of Distribution Dated December 18, 1950 Filed March 7, 1951 Book 1883 of Deeds, Page 177 Debts paid. Died intestate August 26, 1946. Real Estate: Beginning at Northwest corner of Lot 1; thence East 40 rods; thence South to Mud Lake; thence Westerly along shore of lake to West line of Lot 1; thence North to beginning, Section 32, Township 117, Range 21, Village of Edina, Hennepin County, Minnesota. (Homestead) Real Estate Assigned to each of Evelyn E. Miller, Ruth E. Hardt, Everett W. Code, Donald W. Code, and Joseph M. Code, daughters and sons, an un- divided 1/5 interest therein, in fee. 35. Evelyn E. Miller, widow Warranty Deed Ruth E. Hardt and Otto O. Dated February 13, 1951 Hardt, her husband, Everett Filed October 17, 1951 W. Code and Ethel Code, his Book 1904 of Deeds, Page 114 wife, Donald W. Code and Consideration $1.00 etc. Irene Code, his wife, [Beginning at the Northwest corner of Joseph W. Code and Daisy Lot 1; thence East 40 rods; thence Code, his wife South to Mud Lake; thence Westerly To along shore of lake to West line of Harold G. Rohner and Lot 1; thence North to beginning,, Genevieve. D. Rohner, his Section 32, Township 117, Range 21,` wife, as joint tenants Village of Edina, Hennepin County, 2718888 Minnesota. \ Recites Otto Hardt in body and acknowledgment. 36. Village Council, C. C. Ordinance Village of Edina, Passed October 22, 1951 Hennepin County, Minnesota Filed April 8, 1952, 3 :45 P.M. To Book 641 of Misc., Page 45 The Public An Ordinance Amending the Zoning 2745385 Ordinance of the Village of Edina Hennepin County, Minnesota. The Council of the Village of Edina, Hennepin County, Minnesota, do ordain as follows; Section I. Sec. III, paragraph (c) of the zoning ordinance of the Village of Edina, Hennepin County, Minnesota, passed by the council of said Village on May 25, 1931 and thereafter amended, is hereby further amended as follows: Sec. 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 v,hich 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 not be 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 or 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. Sec. II. This ordinance shall take effect and be in force from and after its adoption. (That the above ordinance was passed pursuant to the authority of Minn- esota Statutes, Section 471.26 et seq, and that with such regulations In force by virtue of Minnesota Statutes, Section 471.29, Subdivision 2, r_(D cc:: =r cs 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 22 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 ;peen 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 1 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 for each lot or parcel so conveyed and such conveyance may be enjoined. ) 37. An Ordinance Prescribing Adopted June 8, 1959 Procedure for the Approval Filed April 6, 1962, 2:30 PM of Plats Requiring payment Book 914 of Mise., page 211 of a fee and Imposing other The Village Council of the Village requirements, including the of Edina, Minnesota, ordains: making of necessary improve— Section 1. Filing Plats; Fee. ments in Lands previously All plats presented for the not platted approval of the Village Council Ordinance No. 263 shall be filed with the Village 3340754 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 shall 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 existing 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 Villagers 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 expenses) of grading, gravelling and permanently surfacing streets, installing street signs, and constructing any storm sewers which may be necessary, and (g) the estimated cost (including engineering and inspection expenses), of constructing sanitary sewers and water mains adequate to serve all lots in the plat, provided that 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 (Continued) (Entry No. 37 Continued) preliminary plans and estimates of cost of the necessary improve- ments 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. Section 4. Action by Council. Upon completion of the report specified in Section 3 above, the plat and report shall be trans- mitted 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 performance 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 remain 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 pre- liminary approval by the Council and the required improvements have been completed, subdivision financing agreement executed, or bond furnished as herein required, the Village Manager shall submit a finall supplementary report thereon with the plat to the Council For /approve . 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 comple- tion, 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. (Continued) J (Entry No. 37 Continued) Section 9. Effective Date. This ordinance shall be in full force and effect upon its passage and publication as provided by law. 38. Village Council, Village C. C. Resolution of Edina, Minnesota Adopted January 27, 1958 To Filed April 6, 1962, 2 :30 PM The Public Book 914 of Misc., page 215 3340756 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 subdivisions within the Village limits is hereby declared to be as follows: 1. No plat filed as a preliminary plat with the Planning Commission after September 1, 1957, and no plat submitted to the Council for 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 construct- ed and installed 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 in- stallation of said improvements without cost to the Village and with- in a period designated by the Council and expressed in the bond, and the payment of all costs thereof. 2. The requirements of paragraph 1 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 construct- ed to established standards. 3. Any or all of the requirements of paragraph 1 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 except upon the conditions above set forth, unless the same was filed with the Planning Commission as a preliminary plat on or before September 1, 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 submitting the plat, effective upon acceptance by the Council to pay to the Village a sum fixed by the Council, estimated to be sufficient to pay the cost of all improvements of the types described in paragraph 1 which the Village determines to construct and install within the subdivision; such payment to be made in cash or in Installments extending over a period not exceeding three years from (Continued) } L• (Entry No. 38 Continued) the time of such construction and installation. The Village will reserve the right to levy special assessments in an amount equal to the cost of said improvements, upon the properties especially benefited thereby, but payments received 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 approved by the Council prior to the date of this resolution. L" 39. Village Council Certified Copy Ordinance No. 263A Village of Edina Dated January 10, 1966 To Filed January 19, 1966 The Public Book 1029 of Misc., Page 479 3588147 An Ordinance Constituting the Council as the Platting Authority of the Village, Prescribing the Procedure for the Approval of Plats of Subdivisions, Regulating Plats and Subdivisions, and Providing for Relief in Cases of Hardship. The Village Council of the Village of Edina, Minnesota, Ordains: Section 1. Platting Authority to Approve Plats. The Village Council shall serve as the Platting Authority of the Village in E.:ccordance with Minnesota Laws of 1965, Chapter 670, Section 8 (Minn. :3t., Sec. 462.358). No plat, replat or subdivision of land in the Village shall be filed or accepted for filing by the Hennepin County Register of Deeds 'unless it is accompanied by a certified copy-of a Y-esclution adopted by the favorable vote of a majority of the members of the Village Council approving such plat, replat or subdivision. Section 2. Filing Plats; Fee. All plats' presented for the approval of the Village 'Council 'sh ll be filed with the Planning Department 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, plus $1 for each lot in the plat, but not to exceed a maximum fee of $100. Rejection of the plat by the Council shall not entitle the person who paid the fee to the return of all or any part thereof. Section 3. Plats to Comply with Law and Zoning Ordinance. (a) Every plat, replat or subdivision of land shall comply with all applicable provisions of-state law and the Zoning Ordinance (No. 261) of the Village. (b) Every plat of previously unsubdivided lard, or replat of Platted land which requires the dedication of a new street or a change in an existing street, shall also show thereon the grade of all streets and the mean grade of the front and rear lines of each lot. Section 4. Dedication of Land for Parks. In every plat of pre- viously unsubdivided lard to be developed for residential use, a reasonable portion of such land shall be set aside and dedicated to the public for public use as parks and playgrounds, but in lieu .:hereof the subdivider may at his option contribute to the Village an amount of cash equal to the value of the land otherwise required k:.o be dedicated for parks and playgrounds. Any money so paid to the Village shall be placed in a special fund and used only for the acquisition of land for parks and playgrounds. Section 5. Report on Plat. The Planning Commission with the assistance of the Planning Department shall examine each plat and report and make a recommendation thereon'in writing to the Council as to the 'ollowing matters: (a) the accuracy of all measurements and grades shown thereon, and (Continued) y 1._ (Entry No. 39 continued) the supervision of the Village Engineer, or in lieu of making such i- inrovements, he shall sign a subdivision financing agreement and fire: a bond to assure performance 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 ii. ,i; (Entry No. 39 continued) (b) the suitability of the plat from the standpoint of community planning. In the case of the plats mentioned in Section 3 (b), 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 land is required, the sufficiency of land dedicated for park and playground use, and the recommendation of the Parr Board regarding such dedication of land, (f) the estimated cost (including engineering and inspection expenses, of grading, gravelling and permanently surfacing streets, ins':alling street signs, and constructing any storm sewers which may be .necessary, and (g) the estimated cost (including engineering and inspection expenses) of constructing sanitary sewers and water mains adequate to serve all lots in the ;plat, provided that connection of such sewers and water mains 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 Planning Department. Advance not ce cf the enploynent of such engineer shall be given to the Planning rc . 1_ ~c o. e ni a' Section+�6. Pub -lic Hearing. At its nest regular meeting after receipt of the report and recommendation of the Planning Commission on any plat, replat or subdivision hereunder, the Village Council shall set a date for hearing thereon, which shall be not later than 60 days after the meeting. A notice of the date, time, place and purpose of the hearing shall be published once in the official newspaper at least ten days before the date of hearing. After hearing the oral or written vieT,7s of all interested persons, the Council as the Platting Authority shall make its decision at the same meeting or at a specified future meeting thereof. It may by resolution a) grant preliminary approval of plats mentioned in Section 3 (b), with or without modification, (b) grant final approval of other plats, with or without modification, (c) refer the plat to the appropriate Village officers or departments for further investigation and report to the Council at a specified future meeting thereof, or (d) reject the plat. Section 7. 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 resolution granting such approval to be completed, at his own expense and under (continued) (Ent.ry Yo. 39 continued) of this ordinance referring to Minnesota Laws of 1965, Chapter 670, notwithstanding that said chapter will not go into effect until January 1, 1966. Soction 13. Upon being made effective, a certified copy of this ordinance shall be filed with the Register of Deeds of Hennepin County. First Reading: December 20, 1965. Second Reading: Waived. Adopted: December 20, 1965. (Signed) Arthur C. Bredesen, Jr., Mayor Attest: (Signed) Florence B. Iiallberg, Village Clerk. Published in the Edina - Morningside Courier December 23, 1965. l I. 40. For Judgment, Bankruptcy and Tax Search See Certifications Attached. Certifications by North Star Abstract and Title Guaranty, Inc., cover records in the office of the Register of Deeds in and for Hennepin County, State of Minnesota as to Notices of Federal Tax Liens, Notices of State Income Tax Liens, and Notices of State Inheritance Tax Liens. 69344 I The North Star Abstract and Title Guaranty, Inc. does hereby certify that it has examined the index to assessments in the Special Assessment Department of the County Auditor's Office, Hennepin County, Minnesota, as the some relates to the following described property: t� ill ti,, fir. %rt o " ooverrsWent 1x>t Is ",ection 32, Towcroshlp 117 ttiL''1't j, li' y : :v #, i7`' r 1 ri11L"i'�,S`al t�iN:rid -lan, deucribod as follo"I .., ercia�t; sx.: It'0 "oOrth i s o.:' said CooverTl ent Lot 1 distant Lo rr�rls "i �1i "�:�,t1 cwt coin r fil�c�t *�s °; ' ,r -�ouih at right angles 260 feetg thence ^'ast at .right a. kw eas 16,1.5 feet; thence North at right anp,;ea to the P�orti: line of said 0iverrment Lot 1; thence ;last along th:o North line of said GoveriirAun•t Lot 1, to the point of beginning. The North 194.43 feat of the ;;gat -280 feet of that pa; -t of Gotrorranert rot 1, Sect on '32, 'X'OUZZrlin 117 North, rRanpe 21 described as follows: t ommene- ing at vha V`orUw tit co: Baer thlgreaf; thence Fast along the north lin a a dilit4nce caY 1 rocs thenca 30uth to A',,Id Lalce; thQnrtt I':•,'csturly a2cng Xuu L-}cO to the ''t,'Oat linO Of W rorrmiont .mot 1j thenco Forth t0 the point 040 . District or Village1� Plate /�%' Parcel e � and from such records there appear no unpaid assessment for local improvements or outstanding certificates of assessment sale against the said property, except as stated below, to wit: LEVY NO. NAME OF IMPROVEMENT TOTAL YEARS RATE OF INT. TOTAL PRINCIPAL ANNUAL PRINCIPAL YEARS REMAINING t 3 01.10 1 A To compute remaining balance due: multiply annual principal times years remaining. Examination of records for pending assessments made only upon special request. Further: That the GENERAL TAXES ainst the aboves ribed prope__ty as shown b the records of Auditor and Treasurer of said County for the year 19 and for 19 � -and prior years ar� NAME ASSESSED IN%'� Witness the signature of an authorized officer of the said company this 7 day of December 19 67at 7 O'clock A.M. BY NS•ABI04 Nadi 9&4 44A ad ae %& (fw,44 4 9`ra. An Authorized Signature L-i General The North Star Abstract and Title Guaranty, Inc. does hereby certify that there are no unsatisfied judgments docketed in the District Court, Fourth Judicial District for Hennepin County nor in the United States District Court, District of Minnesota. Fourth Division against the persons or corporations named below between the dates shown, to wit: That there are no unsatisfied notices of Federal Internal Revenue Tax liens appearing of record in the office of the Clerk of the United States District Court, District of Minnesota, Fourth Division nor in the office of the Clerk of the United States District Court, District of Minnesota, Third Division against the persons or corporations named above within the above dates. That no proceedings inbankruptcy have been instituted in the United States District Court, District of Minnesota, Fourth Division, against the persons or corporations named above within the above dates. NOTE: No search made as to the parties the middle initial of whose name is other than as stated hereon. Women not searched by undisclosed name or initials of husband. Issued by said company This NS -AB110 21st Day of December 1967 at 7 O'clock A.M. fta4 i 9&& 4&Aad a -Bile qua t , *sic. BY iV /- -t,c/ An Ythorized Signature From: To: Harold G. Rohner December 20, 1957 December 21, 1967, 7 AM Genevieve D. Rohner or) December 20,1957 December 21, 1967, 7 AM Genevieve Rohner ) Mrs. Harold G. Rohner December 20, 1957 December 21, 1967, 7 AM That there are no unsatisfied notices of Federal Internal Revenue Tax liens appearing of record in the office of the Clerk of the United States District Court, District of Minnesota, Fourth Division nor in the office of the Clerk of the United States District Court, District of Minnesota, Third Division against the persons or corporations named above within the above dates. That no proceedings inbankruptcy have been instituted in the United States District Court, District of Minnesota, Fourth Division, against the persons or corporations named above within the above dates. NOTE: No search made as to the parties the middle initial of whose name is other than as stated hereon. Women not searched by undisclosed name or initials of husband. Issued by said company This NS -AB110 21st Day of December 1967 at 7 O'clock A.M. fta4 i 9&& 4&Aad a -Bile qua t , *sic. BY iV /- -t,c/ An Ythorized Signature No.-- 182083_______ -- Verified by- _167 —_— CERTIFICATE AS TO JUDGMENTS AND AS TO BANKRUPTCY PROCEEDINGS THIS CERTIFIES that we have searched and examined the Judgment Lien and Bankruptcy Dockets in the following named Courts, viz.: District Court, Fourth Judicial District, Hennepin County, Minnesota. United States Circuit Court, District of Minnesota, Fourth Division. United States District Court, District of Minnesota, Fourth Division. We find no bankruptcy proceedings therein by or against the persons named hereon; and find no unsatisfied judgments or notices of Internal Revenue Tax Liens docketed therein against the persons named hereon, between the dates set opposite their respective names, except as shown hereon. - No search trade as to parties the middle initial of whose name is other than as stated herein. NAMES William Code, William E. Code or W. E. Coda Sept. 25. 1930 DATES Dated at Minneapolis, this ----- 26th___ ------- day of - - -_ -8 ptA-I b-e-r--19 4Q TITLE INSURANCE COMPANY OF MINNESOTA Fee $_ �_! �� ______ By- - - - - -- -- - - - -- -Asst. Secretary Form No. 8, L.P. 4.40 -IOM