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War�nty Dees, Except .45vyssnier_tx. FU'T 2 'lo �r '�y reliller -Bade CQ.. r ^ex,o' #a, Minn.
Individual to Corporation. _- hhfian =aota Uniform Conveyancin 2iiaiiu (11931).
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Made this . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � 3 a y 1 1 9 19....69
between .... &19U. S.t.a....Gaulke.,.....a..._ wid.o -w... and:... 2.i - caw. ..unmaz- ,rie,d,....and....H.edv 1 q. ... Hoe ... La.rs.on
and. her husband, Rudolph Larson,
of th!• Coea.n;;y of ................... Hannepi:1.. ................................. ....and State er ....M3 ?neso t
part...:; 's. ... of the first part, aril..........,. J_...11 f%.... . '....Frd.a ;c�.,.... ...�t1Y?.1a.�. .i n� ....CO.��7.Cira. l.fJTl.,..........
......................................................................................................................................................................................................................... ...............................
x)r;r t<lt- rtrrax under tic-, laws of the State of .... ..... ........ ..Xinne -z to .........,..................... parts of the second part,
t IeS;5etfj, That the said part. e..S.......of the first part, in considerat,on of the surb of ........................
One....Doli ar.....aAd... o ther ...goo�.....and .... V��,�b Valuable s. idear. F. t1.��...�x�xxxxx)DOLG -m
to ............. �: 1.? ?............................in hand paid by the said party of the second part, the receipt whereof is hereby
acknowledged, do ..................hereby Grant, l;arsain, 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
o f ... .......... heTlT ...pjia ......... ... ....... and State of Minnesota, described as follows, to -wit:
The West 1/2 of the South 1/2 of Lot 49, Auditor's Subdivision
No. 172, according to the map or plat thereof on file or of record
in the of�'ice o the Me ister of Deeds in and for H,=_n eY in County,
Minnesota; also, together with easement for ingress and egress to
said premises, being described as a perpetual easeent for drive-
way purposes over, upon and along the South li feet of the East
1/2 of the South 1/2 of Lot 49, Auditor's Subdivision No. 172,
Hennepin County, Minnesota.
To J5-abe aub to J_�o[b the dame, Together with all the heredttaments and appurtenances
thereunto belonging or in anywise appertaining, to the said party of the second part, its successors and
assigns, Forever..gnd the said .................................................................................................................................................... ...............................
.. .............................................................................. . ................................... . ......... ................. . ................................ . .............. ................................................... I.......
part „. A.P.$ .... of the first part, for ....themselves, he r....heirs, executors and administrators, do............
covenant with the said party of the second part, its successors and assigns, that........ they .... az'e ..............well
seized in fee of the lard=s and premises aforesaid, and ha...VF..n od right to sell and convey the sauce in
manner and form aforesaid, and that the same are free from all ineumbrances, excel!
Z._,-I v
........................................ ............................... ............................the lien of all unpaid special assessments and interest thereon.
./Ind 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 wssiyns, against all r!ersor,, lawfully claiming or to claim the,
Whole or any part thereof, subject to ineurnbranee . ...................hereinbefore mentioned, the said part .... le..s ... ...
of the first part will Warrant and Defend.
In Teotimonp �V. - hereof, Tiic said pciri;..i.�.s.. of the first part ha...Ve..hereunto set.... their
hand..S... the day and year first above written,. I
..
I °�' �' G n Presence
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A. D. STRONG COMPANY
SUB,TkI T PROPERTY VIP-.WF-l:) FROM FRANCE AVE,
LOOKING SOUTHERLY ACROSS ABUTTING PROPERTY TO SUBJECT PROPERTY
N
I
A. D. STRONG COMPANY
1111U105H AND nA H
The purpose of this appraisal is to estimate the value, in
fee simple, of the real estate described herein.
This appraisal is made as of December 17, 1968.
In appraising the property, the opinion of value expressed
recognizes what is considered to be the highest and best use of
the property. It is assumed that the seller would be under no
pressure to dispose of the property and that the buyer will be
one who can fully utilize the property to its highest and best
use.
It is assumed that no distressed situation of any type would
surround a sale. If a distressed situation were to exist at
the time of sale, or there was pressure on the part of the
seller to dispose of the property, then the "sale price" might
be lower than my opinion of "value ". Conversely, if there was
pressure on the buyer to purchase this particular property,
a higher sale price could conceivably be obtained.
"Value ", as estimated in this report, is defined generally
as follows:
The highest price estimated in terms of money which
the property will bring if sold by a seller, who is
willing but not obliged to sell to a buyer who is
willing but not obliged to buy, both parties having full
knowledge of all the uses to which it is adapted and
for which it is capable of being used.
LOCATION AND LEGAL DESCRIPTION
The subject property is located at 5048 France Ave. So., Edina,
Minnesota. It is legally described as follows:
The West �g of the South �j of Lot 490 Auditor's Sub-
division No. 172, Edina, Minnesota.
z
A. D. STRONG COMPANY
`� CONTI NGfiN'P AND LIMITING CONi)t T7 C)NS
This property in appraised in fee simple, subject to the following
limiting conditions.
The legal description secured by use of public records or from
surveys provided to us is deemed to be correct. Any sketches
or surveys included in this report are included to assist the
reader in visualizing the property. We have made no personal
survey of the boundaries of the property and assume no respon-
sibility in connection with such matters.
We assume no responsibility for matters legal in character,
nor do we render any opinion as to the title, which is as <;umed
to be good. Any or all existing liens and encumbrances,
except as particularly noted, have been disregarded, and the
property is appraised as though free and clear, under respon-
sible ow»ership and competent management.
We believe to be reliable the information, identified in this
report as being furnished to us by others, but we assume no
responsibility for its accuracy.
We are not required to give testimony.or attendance in court
by reason of this appraisal, with reference to the property
in question, unless arrangements have been previously made
therefor.
Neither all nor any part of the contents of this report shall
be conveyed to the public through advertising, public relations,
news, sales, or other media without the written consent and
approval of the author, particularly as to valuation conclu-
sions, or identity of the appraisers or firm with which he
is connected.
:3
A. D. STRONG COMPANY
., A1111RAISING t ?i1ALIVICATIOIS
(A.
RUSS11-1.1- C. :;MITIf
Russell C. Smith has bectt actively and continuou,,Iy enoar)ed
i_n tho real estate appraisal. profession since. 3.950. bur.ing
this time itc! has specialized in the appraisal of commercial and
industrial type projerty including income propertic.,, and s.pcciral
purpose properties.
Mr. Smith is a graduate of the University of Minnesota with a
B.A. degree in architecture. lie has completed real estate
appraisal courses offered by the University of Minnesota and by
the American Institute of (Zeal Estate Appraisers. lie is
instructing in the appraisal of special purpose and industrial
buildings in the University of Minnesota Extension Division.
For the first five years in the appraisal field, he was
employed by the Appraisal Service Company, appraising industrial
and commercial properties. For the next two and one -half years
he was employed by Investors Diversified Services, Inc., in
the Mortgage Division, appraising commercial and industrial
properties and also managing commercial properties, including
shopping centers. While employed by these firms, appraisals
were mac'e by Mr. Smith in Milwaukee, Wisconsin; Louisville,
Kentucky; Dallas, Texas; Waitsburg, Washington; Vineland,
New Jersey; Chicago, Illinois; and many of the larger cities
throughout the United States.
In his present position as Vice President of the A. D. Strong
Company and Manager of the Appraisal Department, which he
assumed in 1957, Mr. Smith is appraising all types of real e:;tate.
fie is qualified as an expert witness in courts of law. Fie is
often appointed to serve as Commissioner in condemnation pro-
ceedings by judges of the District Bench.
Mr. Smith is a member of the American Right -of -May Association and
an associate member of the Minneapolis Board of Realtors. He
is an active member of the American Institute of Real estate Appraisers
and has been awarded the designation of M. A. I. He has also
served as Secretary - Treasurer and on the Board of Directors in
the local chapter of the M. A. I.'s.
Mr. Smith has appraised property for such clients as Minnesota
Department of Highways, Minneapolis Housing and Redevelopment
Authority, Hennepin County, University of Minnesota, General
Mills, Inc., International business Machines, State of Minnesota,
Honeywell, rayton's, Equitable Life Assurance Society of the U. S.,
Investors Diversified Services, American United Life insurance
Co., numerous banks and mortgage companies and many other companies
and individuals.
4
A. D. STRONG COMPANY
THE COMMUNITY AND N171IGHBORII001)
Edina, Minnesota, is a suburb of Minneapolis. Metropolitan
Minneapolis and its suburbs, situated on the 45th parallel
equidistant between the Atlantic and PaciXic Oceans, are about
the central point of North America.
Edina was incorporated as a village on December 18, 1888. It
presently comprises approximately 16 square miles. The present
population is estimated at about 40,813.
The village of Edina has a mayor - council form of government
with officials being elected for a period of two years. The city
is basically a dormitory city with the majority of its occupants
receiving their income outside of the area. It has one relatively
small shopping district at 50th Street and France Avenue South
and one on Highway #169, west of 50th Street in addition to South-
dale Shopping Center. Outside of these areas, Edina has practically
no commercial development. It has one industrial park in the north-
west quadrant of Freeway #494 and Highway #11 which is presently
being developed.
Residents of Edina are generally in the upper income bracket. The
value of dwellings within the city generally ranges upwards from
$20,000 with the current trend being towards the more expensive
dwelling.
The city is generally laid out in a grid pattern of streets.
However, where terrain is a contributing factor, some of the later
subdivisions are laid out on a contour type pattern. Soil conditions
throughout the city are generally satisfactory for normal building
programs, although in sonic locations shallow layers of peat are
encountered. Located within the Edina boundaries are numerous small
lakes which tent; to create desirable aesthetic features for
residential development. Within its limits are located several
churches, public schools, and two exclusive country clubs; namely,
Interlachen Country Club and Edina Country Club.
Public transportation is available in most sections of Edina
through the Twin City Rapid Transit Company. The more remote
sections, of course, do not as yet have bus service.
All sections of the village have public telephone, electric service,
and a majority of the neighborhood has city gas. The older sections
of the community have municipal water and sewer facilities and most
new plattings are required to install and pay for municipal sewer
and water or provide a bond for payment in order to have the plat
accepted.
4A
A. D. STRONG COMPANY
THR COMMUNITY AND NEIGHBORHOOD - Cont'd
The subject property is situated just south of the 50th St.
and France Ave. shopping district. This neighborhood appears
to be quite stable and experiencing good commercial activity.
In front of the subject property is an office building owned
by the 0. D. 11- Auschild Co. To the north is a parking lot
serving the theater and other parking areas serving the
commercial buildings fronting on France Ave. and on W. 50th
St. To the south, the area is basically residential in
character.
Main access to the neighborhood is on France Ave. So. and
on W. 50th St. Both streets are paved and have curb and
gutter and /or sidewalks. All public utilities are available
to all properties in the neighborhood.
I see no depreciating factors surrounding the subject property
resulting from the neighborhood. I would be of the opinion
that there should be good demand for this property because of
its close proximity to commercial development to serve that
expansion.
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A. D. STRONG COMPANY
LOOKING SOUTHERLY ON FRANCE AVE. FROM 51ST STREET,
LOOKING NORTHERLY ON FRANCE AVE. FROM 51ST STREET
A. D. STRONG COMPANY
THE SITE
Physical Features
The subject site is rectangular in shape. It has a "frontage"
of 132 ft. on the abutting France Ave. property and a depth
of 150 ft. in an east -west direction. Access to the property
is on a 15 ft. easement over the abutting property to the east
The property, exclusive of the easement, contains an overall
area of approximately 19,800 sq. ft. Please see the following
page, a copy of a z section map showing the subject property
outlined in red.
The site is rolling and generally above street grade. Soil
conditions appear to be adequate for a normal building pro-
gram. No settling or cracking in the existing improvements
was observed.
Municipal sewer and water are available to the property. Electric
service is available from Northern States Power Company. Gas
is available from the Minneapolis Gas Company and telephone
service is available from Northwestern Bell Telephone Company.
France Ave. and the easement to the subject property are paved.
Zoning
ning
The subject property is zoned R-1. which permits single
family residential development.
Highest and Best Use
It is our considered opinion that the highest, best and most
profitable use of the subject site is for combination with
one of the abutting properties to provide parking or building
expansion sites.
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CITY OF MINNEAPOLIS
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A. D. STRONG COMPANY
THE IMPROVEMENTS
U
The subject property is currently improved with a single family
dwelling, a garage and miscellaneous sheds. The improvements
are all old and would not approach the value of the subject
site for continued residential use. Therefore, I have not gone
into extensive detail relative to the property. I would esti.
mate that the cost to remove the improvements might be offset
by some salvage value or rental value until such a time as
the lanai is needed.
7
'A. D. STRONG COMPANY
I
TAXES AND ASSESSED VALUATION
According to the public records, the assessor's full and true
valuation for 1967 is as follows:
Land $3,300
Building 700
Total $4,000
i
Taxes payable in 1968 are $83.98.
a
'A. D. STRONG COMPANY
ESTIMATE OF VALUE
In order to estimate the value of vacant land, the subject
property is normally considered in the light of sales and
offerings of land within the neighborhood or in other com-
petitive locations. From knowledge of this type of market
data, a judgment as to value of the subject property can
then be made.
The subject property is somewhat unique. It is in an
area which would be quite desirable for commercial develop-
ment of some type or for surface level parking. It abuts
a commercial building on the east and land proposed to be
developed with multiple dwelling buildings on the west.
It abuts parking lots on the north. I would be of the
opinion that any of these abutting property owners would
have some use for the subject property if it was offered
for sale. The site is "rear" land and currently zoned
only for residential use. I would anticipate that because
of these two features, the property would have less value
than the frontage on the abutting properties.
As Exhibit #1 in the addenda of this report I have set
out examples of sales and offerings of commercial lands
in the general neighborhood.
After giving consideration of the factors affecting value,
it is my opinion that the fair market value of the property
described in this report as of December 17, 1968, is:
TWENTY THOUSAND DOLLARS
( 20,000.00)
CERTIFICATION
I, the undersigned, do hereby certify that to the best of my
knowledge and belief the statements contained in this appraisal,
and upon which the opinions expressed herein are based, are
correct, subject to the limiting conditions herein set forth;
also, that this appraisal has been made in conformity with the
Rules of Professional Ethics of the Amercian Institute of -Real
Estate Appraisers of the National Association of Real Estate
Boards.
Respectfuy submitted,
Russell C. Smith, M; A. I.
RCS /cgc
A. D. STRONG COMPANY
MARKET DATA
Exhibit #1
A site at 7512 Lyndale Ave. 5o. in Richfield, a commercial
neighborhood somewhat similar to the subject, sold in the
summer of 1967. This property was improved with a burned
out building at the time of sale and the buyer had the ob-
ligation to raze the improvements. The property sold for
$16,000 or a rate equal to $1.48 per sq. ft.
Land in Southdale generally sells at $2.00 and upwards per
sq. ft. One of the more recent sales was from Dayton's
to Boutell's in January, 1967. This is a 144,986 sq. ft.
tract located at 6725 York Ave. So. It sold for $289,972
or a rate equal to $2.00 per sq. ft.
An office site at the northwesterly corner of Highway #100
and Eden Ave. sold in April, 1968 from the receiver for
Biltmore Properties, Inc. The property was purchased for
$88,750 for an irregular shaped site containing approximately
43,500 sq, ft. or a rate equal to about $2.00 per sq. ft.
A small site at 5201 Bloomington Ave. So. in Minneapolis
sold from Salock, Ries, et al to Dr. Roger K. Schroeder
in October, 1967. This is a 50 ft. x 123.2 ft. site or
AT 6,160 sq, ft. It sold for $12,000 or a rate equal to $1.95
per sq. ft.
APPRAISAL REPORT
5048 FRANCS AVE. SO,
SDINAt MINNESOTA
A. D. STRONG COMPANY
MINNEAPOLIS, MINNESOTA
APPRAISAL DEPARTMENT
REAL ESTATE BROKERS SINCE 1919
A. D. STRONG COMPANY . 338 MIDLAND BANK BLDG. • MINNEAPOLIS, MINN. 55401 . PHONE (612) 333 -1323
68 -261
December 19, 1968
Mr. Allan Lund, Attorney
Midland Bank Building
Minneapolis, Minnesota 55401
In re: Real Estate Value
5048 France Ave. So,
Edina., Minnesota
Dear Mr. Lund:
At your request) I have inspected the real estate at the
above address for the purpose of estimating its fair
market value.
The legal description of this property ig found in the
attached report.
"Fair Market Value," as estimated in this report, is
defined as:
The highest price estimated in terms of money
which the property will bring if "iosed for
sale in the open market by a seller, who is
willing but not obliged to sell, allowing a
reasonable time to find a buyer, who is will-
ing but not obliged to buy, both plarties hav-
ing full knowledge of all the uses) to which
it is adapted and for which it is Capable of
being used.
f�
Q, FIRM AFFILIATE, SOCIETY OF INDUSTRIAL REALTORS
IA. D. STRONG- COMPANY
Mr. Allan Lund
December 19, 1968
Page 2
AftQr diving careftil, con:;ider;ation to the factors affecting
value, it is my opinion that the fair market value of the
property described in this report, as of December 17, 19680
is:
TWENTY THOUSAND DOLLARS
($20,000.00)
The attached appraisal report sets forth some of the methods,
procedures, and data considered in arriving at this estimate
of value. It is submitted for your inspection.
Respectfully submitted,
Russell C. Smith, M. A. I.
RCS /cgc
LAW OFFICES
SONNESYN & LUND
GERHARD N.SONNESYNI1902-1963)
ALLAN R. LUND
Edina Village Hall
4801 W. 50th Street
Edina, Minnesota 55424
Attention:
Mr. Fred Hoisington
Village Planner
In re: 5048 France Avenue South
Dear Mr. Hoisington:
TELEPHONE 338-7046
832 MIDLAND BANK BUILDING
MINNEAPOLIS 1, MINNESOTA
January 16, 1969
I hand you herewith two copies of Purchase Agreement
pertaining to the above captioned premises, which have
been signed by the owners of the subject premises, Augusta
Gaulke, Hedvig Mae Larson and her husband, Rudolph Larson.
The purchase price in $19,500-00. The owners have
advised me that they have based their offer on the
Appraisal Report they have (a copy has been furnished to
you) and upon information they have with respect to the
current sale of other property to the Village of Edina
in the same block.
Yours e truly,
ARLseb an R. Lund
Encl.
-___ _ __ —_— - -- —.-- — -- - -- -- — — — - -..- - - - - -_ _ — -- — --. _— — — —_ — -- -,—. —. — — -- — — — - - --
ORIGINAL —White
DUPLICATE —Green
Form 1517 Earnest Money Contract (Revised 1968) TRIPLICATE — Yellow Miller -Davis Co.. Minneapolis
PURCHASE AGREEMENT
MiY121eapo l . w .................. Minn.......... J.=M.7C'y. ........................... 19..69...
RECEIVED OF..... Village of Edina
the sum of ... PAe ... r'h- WASAnd..and..no., 10. 0...-...M..- ... -...-... -...-.. .- ........ - ..A$.1..,.4.0A..00..) DOLLARS
................................................... .............................as earnest money and in part payment for the purchase of property at
(Check, Cash or Note - -State which)
5048 France Ave. So..x.. Ed1ri$ ........................................ ............................... ......................situated in the
.................... ...............................
County of ............. H.®AM P1. 4........................................... State of Minnesota, and legally described as follows, to -wit:
See legal description below
including all garden bulbs, plants, shrubs and trees, all storm sash, storm doors, detachable vestibules, screens, awnings,
window shades, blinds ( including venetian blinds) , curtain rods, traverse rods, drapery rods, lighting fixtures and bulbs,
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), exterior television
antenna, incinerator, dishwasher and garbage disposal, built -in ovens, cook top stoves and central air conditioning equip-
ment, if any, used and located on said premises and including also the following personal property:
NONE
all of which property the undersigned, ] , 1 can= has this day sold to the buyer for the stun of
Ni S. lc3.. 'i.Ye... Hundred...4..xi4 /.. 140...-...-...-.. .- ...- ...- ...(J.9,.50.0...00..) DOLLARS,
which the buyer agrees to pay in the following manner:
Earnest money herein paid �.1, 00.0...Q.p and $,l8.,50.0...0,4ash, on .February... 15.,.1969., the date of closing.
The West 1/2 of the South 1/2 of Lot 49, Auditor's Sub- Division No.
1729 Hennepin County, State of Minnesota. Also together with easement
for ingress and egress to said premises, being described as a perpetual
easement for driveway purposes over, upon and along the South 15 feet of
the East 1/2 of the South 1/2 of Lot 49, Auditor's Sub - Division No. 172,
Hennepin County, Minnesota.
Subject to performance by the buyer the seller agrees to execute and deliver a .................. ............................... ....................... Warranty Deed
(to be joined in by spouse, if any) conveying marketable title to said premises subject only to the following exceptions:
(a) Building and zoning laws, ordinances, State and Federal regulations.
(b) Restrictions relating to use or improvement of premises without effective forfeiture provision.
c) Reservation of any minerals or mineral rights to the State of Minnesota.
(d) Utility and drainage easements which do not interfere with present improvements.
(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..6.9..... and any unpaid installments of special assessments payable there-
with and thereafter.
Seller covenants that buildings, if any, are entirely within the boundary lines of the property and agrees to remove all personal property
not included therein and all debris from the premises prior to possession date.
The seller further agrees to deliver possession not later than.c loS. j„ ng... date ....................provided that all conditions of this
agreement have been complied with. Unless otherwise specified this sale shall be closed on or before 60 days from the date hereof.
In the event this property is destroyed or substantially damaged by fire or any other cause before the closing date, this agreement
shall become null and void, at the purchaser's option, and all monies paid hereunder shall be refunded to him.
The buyer and seller also mutually agree that pro rata adjustments of rents, interest, insurance and city water, and, in the case of
income property, current operating expenses, shall be made as of... Closing .... date ............................................. ...............................
The seller shall, within a reasonable time after approval of this agreement, furnish an abstract of title, or a Registered Property
Abstract certified to date to include proper searches covering bankruptcies, and State and Federal judgments and liens. The buyer shall be
allowed 10 days after receipt thereof for examination of said title and the making of any objections thereto, said objections to be made in
writing or deemed to be waived. If any objections are so made the seller shall be allowed 120 days to make such title marketable. Pending
correction of title the payments hereunder required shall be postponed, but upon correction of title and within 10 days after written notice
to the buyer, the parties shall perform this agreement according to its terms.
If said title is not marketable and is not made so within 120 days from the date of written objections thereto as above provided,
this agreement shall be null and void, and neither principal shall be liable for damages hereunder to the other principal. All money there-
tofore paid by the buyer shall be refunded. If the title to said property be found marketable or be so made within said time, and said buyer
shall default in any of the 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 respective
interests may appear, as liquidated damages, time being of the essence hereof. This provision shall not deprive either party of the right of
enforcing the specific performance of this contract provided such contract shall not be terminated as aforesaid, and provided action to enforce
such specific performance shall be commenced within six months after such right of action shall arise.
,e.+w.warcra ► nrks VW.MJL9UN ILMJU& '"!! 2eK13lW9 JMNA
The delivery of all papers and monies shall be made at the office of:
.......................................................................................... ...............................
I, the undersigned, owner of the above land, do hereby approve
the above agreement and the sale thereby made.
G�...........` ......L.......... .
ug ust Gaulk ilkr
4.
e oe rdemr; o rson,
her usband
xt3mxx
......................................................................................... ...............................
......................................................................................... ...............................
By................................... ............................... ..........................Agent
I hereby agree to purchase the said property for the price and
upon the terms above mentioned an subject to all conditions
herein express VI
r� /� u e-
I�e �-
B.............. .........................Bu..e; .....................,.. ...............................
;% Y
DORSEY, MARQUART, WINDHORST, WEST 8. HALLADAY
JAMES E.DORSEY (1889 -1959)
JAMES F MEEKER
DONALD WEST
ARTHUR E.WEISBERG
WALDO F.MAROUART
DUANE LJOSEPH
JOHN W.WINDHORST
FREDERICK E, LANGE
HENRY HALLADAY
JOHN W.JONES
JULE M.HANNAFORO
JAMES B.VESSEY
ARTHUR B.WHITNEY
WILLIAM A.WHITLOCK
RUSSELL W. UNDOUIST
E.J. SCHWARTZBAUER
DAVID R.BRINK
THOMAS M. BROWN
HORACE HITCH
CORNELIUS D. MAHONEY
VIRGIL H.HILL
THOMAS S. ERICKSON
ROBERT V.TARBOX
MICHAEL E.BRESS
DeFOREST SPENCER
PAUL G.ZERBY
ROBERT J.JOHNSON
RAYMOND A. REISTER
M.B.HASSELOUIST
JOHN J.TAYLOR
PETER DORSEY
BERNARD G.HEINZEN
GEORGE P. FLANNERY
JOHN S -HIBBS
CURTIS L. ROY
ROBERT O.FLOTTEN
Village of Edina
'fM West 5fth stet
Edina, Minnesota
Gentlemen:
LAW OFFICES
JAMES F MEEKER
JOHN J. HELD
JOHN D-LEVINE
REESE C.JOHNSON
ROBERT J.STRUYK
JAMES T HALVERSON
2400 FIRST NATIONAL BANK BUILDING
MICHAEL A.OLSON
CHARLES J. HAUENSTEIN
M I N N E A P 0 L I S, M I N N. 5 5 4 0 2
LARRY W. JOHNSON
CHARLES A. GEER
THOMAS S. HAY
JOHN C. ZWAKMAN
CURTIS D.FORSLUND
JOHN R. WICKS
G. LARRY GRIFFITH
EUGENE LJOHNSON
TELEPHONE: 332 -3351
CRAIG A. BECK
ROBERT O. KNUTSON
DAVID L.M000SKEY
JOHN W WINDHORST,JR.
AREA CODE: 61 2
THOMAS O. MOE
CABLE ADDRESS:DOROW
JAMES H. OHAGAN
JOHN M. MASON
OF COUNSEL
MICHAEL W WRIGHT
DAVID E. BRONSON
y}
T� 1; lor%
LARRY LVICKREY
HUGH H. BARBER
i� 5—
LOREN R. KNOTT
LELAND W. SCOTT
PHILLIP H. MARTIN
LEAVITT R BARKER
Rae I The West 112 of the South 1/2 of mot
Auditor' aI Subdivision Xo. 172, according
to the map or put t raof 0141116 or of
record A the office : of the Register of
Deeds In and for Hennepin County Xinuasota
We have eXamined the title to the above desaribe4 premiass as s#o
by ,a certain Abstract: of Title certified to James 22, 1969 Iat 700 a.rla. by
Title 1asurance C*qpw of 91mesota. Used upon sum eumleaation we Are of the
opinion that as of teary 22, 1969 at TOO a.m,., tbo See title to said yromises
was vested In AUMTA 0AV= Aad 0=10 MA SCRs a and clear of all liens,
(charges and encudboances, except as follows:
1. A storm serer e4aembat dated Feobrutary 1% 19471 filed February 21, 194T
and recorded, in Sook 189 ,of Deeds) Me 345x in the office of Us Register of Deeds,*
Hennepin County, Mmmacota. Said storm never easem at granted to the V$118,p of
FAins a perpoUal, essomnt of the necessary width end depth, for the constructions
installation, operation, maintexance sind "pair of storm surer inoover, Under and
Upon the South 10 feet of the subject premfs*$.
2. By a Warranty Deed dated 84pt er l> 1923o filed pteealber 6s l9e3
and recorded is Book 999 of peens � ID&SO 640 in tbe otfioe of the Register of Deeds,
Hennepin Countyo Minnesota., Yrank C. wink ey aud Worn X. Wfak1a y, husband and
wife conveyed to Alberta Deaver the property deseriW as follows t
That pert of the Xoxtheast ' of they South+e"t 1 of
Section 18, Township 28, Race 24, described as follows
Comronoing at ,a point on the Xast line of said Seotion*
40 rods North of the Southeast corner of the Northeast
1/4 of the Southeast 1/4 of said Section 18 and runes
thence Northerly along said gust: lines 16 rods l thence
at ri&t angles Westerly 20 rods; theace Southerly at
right angles 16 coda l thenoe Easterly at rat angles
20 rods; mare or less,, to he,ginni.og
DORSEY, MARQUART, WINDHORST, WEST & HALLADAY
Oamwrr U# 190
The ab+ 4lpt v aO ussd 44 0044"ftt 60440 00 t U
Cbr 'o . `Jut *e mad *Wet^ * �, boad w ite # rl c ' y*4.
to lc, . Srju ; a War�'� d dated J�rly :.3.930N , � �" 3# 193 #
aud rooarded Book 'o pap U the office of tbo Uldtm of
Deed, Havoopin CoanV* Must,, the proportyl deurribod an a 3
Lot 4,9* Audltor*S Subdivialm So. 172
34, 4 warraztr Dodd r 70 1948, Mod MW 10y 319W a
moodsd a Uok. 1640 or Doe& 6-4 + , #
Hra d P"d mil;
wife OwAburr eommyed to Uw A «Wfmn*M pmprty d cr' d &4MlAvtl
The t1/2of 'the th V2 iot 14t 490 Autitorts
subdiylaiml - 1721, 94014 CftutYs XU=iS* .
in s4JA Wsxr=U Deed V* p4ators res*rod o l" tbeIr U
a porvwtual easemat for drivel PUP0440 over* upm wo along tm ft 1
" of the p cdavoYod U the atmosaid WAS AY Dsd. wt #0 no not tau
. Taxes in IW *vA all prig paid. T le
in 19690 in the mat of 493.26, &" r ld.
DORSEY, MAROUART, WINDHORST, WEST 8, HALLADAY
VilUp. of U
` ftr
$0 ' * 1
TUIs 044 "oords refund is* t3wroiso AU mattors not so 4% Vo *wM
Irr lob 40JAUA 444 Uou" (a ) arms of 4by p4A s sollsk" # {
albultr ot lilwo for J pro"&* or somploud 04 o
I"t "� .
vottrtotl"s 3 4) qea 141 0) Omura wbu& so ram �I�►
of 00
uAder ViaVtor 336o most not sipparlao lu tW Abstmat of 'SOU
H'
r -�irLJ
Ffr�'k
Hy
AY?
STATE OF Mm's OTC, )
COUNTY OF I EIV. PJN so
AUNT MULKEf formerly Augusta: Moe, and HWVIG MOE LA ON,
being duly sworn depose and say, that they are the fee Owners of the property
described as follows
The West 1/2 of the South 1/2 of Lot `49 ;A" tor's
Subdivision ,No. 17`2, according to the map or plat
thereof an file or of reCO.'Od in the office of the
Register of Deeds in and for Hennepin County, Minnesota.
That for at least the last fifteen (15) years .Augusta Oaulke, and/or
Hedvig Moe Larsen have been in Possession of the above described Property;
That such possession has been hcstIlep open, actual, contiauatxs,
exclusive and under color of title;
That they have paid the taxes can the above descri
Tlija AGREM14TO by and between the VILLAGE OF BDIX41. 4 M=icipal
corporation, under the 3AVS Of the state or bannesota, party of the first
part, and AUGUSTA GAUIn, (formerly AUVst 900) and HEDVIG WE L"80N, and
husband and wife, parties Of the Second Part;
Wrr=SSETH THAT,
WHOM 0 said parties of the second part are the owners of the
property described 46 f01)-QW6:
The North Half of the 'West Half of Lot 49, Auditor's
Subdivision No. 172, according to the may Or Plat
thereof on file or of record in tht Office O the
Register of Deeds,p Hennepin County, Minnesota, and
wMLAS . The parties Of the second Part have agreed to Sell, and
the 'Village of Edina has agreed to buY the property described above; and
wHERm , it appears that a gap exists along the West line of the
property described above; and
WHEREAS, it appears that in order for the parties of the second
part to convey a marketable title to the Village of Edina it will be necessary
to register the title to the 'property described abovep and
WHEREM 0 the parties hereto have agreed to a Closing;
NOW1. THMMORE) for and in consideration Of the -roregoing and of
the agreement herein COntain0d, the parties agree as follows:
1. Said parties of the second Part agree to cooperate with the
Village of Edina in registering the title to the above described property in
the Village Of Edina and agree to testify., supply information and perform any
.eta,
with said, rAgist.rat ' Tin ILI
reasonable acts inponnecti ;Y
IN WITNMS WHEREOF, the ties have caused this MIA to be
daly executed this_, 7_day of February', 1969-
in Presence of**
aue
VILLAGE OF EDUa,
STATE OF MINNESOTA
ss
COUNTY OF
August; uttalke
son
On this, -! day of February, 1969, before me a Notary Public,
j tp n County, i i and for 5a�d C ty, personally appeared tj and
to me personally know, iqho, being each by me
duly sworn, did say that they are respectively the and
b)LLL&,,, of the corporation named in the Oforegoing instrument;
that seal afffxed to said instrument is the corporate seal of said
tu�inicipal corporation by authority of its VILLAGE COUNCIL; and said&-4�kt-e-,
64-�� 4-1- and- acknowledged said instrument to
be the free(lact and deed of said municipal corporation.
STATE OF MIA RESOTA
ss
COUNTY OF
On this -' 7 day of February, 1969, before me, a Notary Public,
cou L
within and for said Coui)ty, personally appeared AUGUSTA GAULKE, 1WDVIG MOE
LARSON and- I _,to me"..known to be the persons
described in, and who executed the foregoing instru. n , and ac ovledged that
they executed the same as their free act and deed.
11
February 26, I969
Mr. Philip V. Boelter
Dorae.►y, Maropu trt, Windharst, twat & Halliday
2/400 Virst national Bank Bldg.
Minneapolis, Minn. 55442
Dear Mr. Svelter:
Enclosed is the executed agreement relative to the Gaulke property.
I send you this as you requested,
Ywirg very truly,
Village Glerh
fbh
enclosure
DORSEY, MARQUART, WINDHORST, WEST & HALLADAY
JAMES E.DORSEY 6889 -1959)
DONALD WEST
DUANE E. JOSEPH
LAW OFFICES
MICHAEL A_OLSON
CHARLES A. GEER
WALDO R MAROUART
FREDERICK E.LANGE
LARRY W. JOHNSON
JOHN C.ZWAKMAN
JOHN W. WINDHORST
JAMES 8_VESSEY
2400 F I R S T NATIONAL B A N K BUILDING
THOMAS 5. HAY
JOHN R.WICKS
HENRY HALLADAY
WILLIAM A.WHITLOCK
CURTIS D.FORSLUND
EUGENE L.JOHNSON
JULE M. HANNAFORD
E. J. SCHWARTZBAUER
MINNEAPOLIS, M I NNE 5 O TA 8 6 4 0 2
G. LARRY GRIFFITH
ROBERT O. KNUTSON
ARTHUR B.WHITNEY
THOMAS M. BROWN
CRAIG A. BECK
JOHN W. WINDHORST, JR.
RUSSELL W.LINDOUIST
CORNELIUS D. MAHONEY
DAVID L. McCUSKEY
MICHAEL PRICHARD
DAVID R -BRINK
THOMAS S. ERICKSON
THOMAS O. HOE
RICHARD G.SWANSON
HORACE HITCH
MICHAEL E. BRESS
TELEPHONE; 3 3 3 - 2 1 51
JAMES H. O'HAGAN
RICHARD W. DuFOUR, JR.
VIRGIL H. HILL
PAUL G.ZERBY
JOHN M. MASON
FAITH L.OHMAN
ROBERT V. TARBOX
RAYMOND A_REISTER
AREA CODE' 612
MICHAEL W- WRIGHT
DAVID A. RANHEIM
DEFOREST SPENCER
JOHN J.TAYLOR
CABLE ADDRESS: DOROW
LARRY L.VICKREY
ROBERT J. SILVERMAN
ROBERT J. JOHNSON
BERNARD G.HEINZEN
LOREN R.KNOTT
M. S. HASSELOUIST
WILLIAM J. HEMPEL
PHILLIP H. MARTIN
OF COUNSEL
PETER DORSEY
JOHN S. HIBBS
February 18 1969
JOHN J. HELD,JR.
DAVID E. BRONSON
GEORGE P.FLANNERY
ROBERT O. FLOTTEN
,
REESE C JOHNSON
HUGH H.BARBER
CURTIS L.ROY
JOHN D. LEVINE
JAMES T. HALVERSON
LELAND W. SCOTT
ARTHUR E.WEISBERG
ROBERT J. STRUYK
CHARLES J.HAUENSTEIN
LEAVITT R. BARKER
Mr. Fred Hoisington
Village of Edina
4801 West 50th Street
Edina, Minnesota
Dear Fred:
Re: The West 1/2 of the South 1/2 of Lot 49,
Auditor's Subdivision No. 172.
Enclosed herein please find the following:
1. A xerox copy of the Warranty Deed conveying the captioned
premises to the Village of Edina.
2. The original and one copy of the title opinion rendered by
our office covering the captioned premises.
3. An Affidavit of Adverse Possession executed by the fee
owners of the captioned premises.
4. The original and one carbon copy of the Agreement to
cooperate. Please have the appropriate officials execute
the original of the Agreement to cooperate, have it
acknowledged before a Notary Public and affix the corporate
seal. The fully executed copy should be returned to the
undersigned. The carbon copy is for your files.
The enclosed Warranty Deed should be forwarded to the City Assessor
for the purpose of abating the real estate taxes payable in 1969 and exempting
the real estate taxes payable in subsequent years.
The other day in our telephone conversation I indicated that the
date of closing for the Fleischbein property was Friday, January 7, 1969.
This was in error. The date of closing for the Fleischbein property was
Wednesday, February 5, 1969.
Very truly yours,
�1
Philip Ir. Boelter
PFB/kl
Enclosures
DORSEY, MARQUART, WINDHORST, WEST 8, HALLADAY
JAMES E- DORSEY (1889 -1959)
DONALD WEST
DUANE E.JOSEPH
WALDO F MAROUART
FREDERICK E. LANGE
JOHN W. WINDHORST
JAMES B_VESSEY
HENRY HALLADAY
WILLIAM A- WHITLOCK
JULE M.HANNAFORD
E. J. SCHWARTZBAUER
ARTHUR B.WHITNEY
THOMAS M. BROWN
RUSSELL W.LINDOUIST
CORNELIUS D_ MA14ONEY
DAVID R. BRINK
THOMAS S. ERICKSON
HORACE HITCH
MICHAEL E.BRESS
VIRGIL H.HILL
PAUL G -ZERBY
ROBERT V.TARBOX
RAYMOND A.REISTER
DEFOREST SPENCER
JOHN J- TAYLOR
ROBERT J. JOHNSON
BERNARD G. HEINZEN
M.B- HASSELOUIST
WILLIAM J- HEMPEL
PETER DORSEY
JOHN S. HIBBS
GEORGE P.FLANNERY
ROBERT O. FLOTTEN
CURTIS L.ROY
JOHN D. LEVINE
ARTHUR E.WEISBERG
ROBERT J- STRUYK
Village of Edina.
4801 West 50th Street
Edina, Minnesota
Gentlemen:
LAW OFFICES
2400 FIRST NATIONAL BANK BUILDING
MINNEAPOLIS, MINNESOTA 55402
TELEPHONE: 333 -2151
AREA CODE: 612
CABLE ADDRESS: DOROW
January 31, 1969
MICHAEL A.OLSON
CHARLES A -GEER
LARRY W. JOHNSON
JOHN C- ZWAKMAN
THOMAS 5. HAY
JOHN R.WICKS
CURTIS D.FORSLUND
EUGENE L.JOHNSON
G- LARRY GRIFFITH
ROBERT 0. KNUTSON
CRAIG A. BECK
JOHN W. WINDHORST,JR.
DAVID L.McCUSKEY
MICHAEL PRICHARD
THOMAS O. MOE
RICHARD G.SWANSON
JAMES H.O'HAGAN
RICHARD W. DUFOUR,JR.
JOHN M. MASON
FAITH L -OHMAN
MICHAEL W. WRIGHT
DAVID A. RANHEIM
LARRY L- VICKREY
ROBERT J. SILVERMAN
LOREN R. KNOTT
PHILLIP H. MARTIN
OF COUNSEL
JOHN J. HELD, JR.
DAVID E. BRONSON
REESE C. JOHNSON
HUGH H.BARBER
JAMES t HALVERSON
LELAND W. SCOTT
CHARLES J- HAUENSTEIN
LEAVITT R. BARKER
Re: The West 1/2 of the South 1/2 of Lot 49,
Auditor's Subdivision No. 172, according
to the map or plat thereof on file or of
record in the office of the Register of
Deeds in and for Hennepin County, Minnesota.
We have examined the title to the above described premises as shown
by a certain Abstract of Title certified to January 22, 1969 at 7:00 a.m. by
Title Insurance Company of Minnesota. Based upon such examination we are of the
opinion that as of January 22, 1969 at 7 :00 a.m., the fee title to said premises
was vested in AUGUSTA GAULKE and HEDVIG MOE LARSON, free and clear of all liens,
charges and encumbrances, except as follows:
1. A storm sewer easement dated February 15, 1947, filed February 21, 1947
and recorded in Book 1693 of Deeds, page 345, in the office of the Register of Deeds,
Hennepin County, Minnesota. Said storm sewer easement granted to the Village of
Edina a perpetual easement of the necessary width and depth for the construction,
installation, operation, maintenance and repair of storm sewer in,over, under and
upon the South 10 feet of the subject premises.
2. By a Warranty Deed dated September 1, 1923, filed September 6, 1923
and recorded in Book 999 of Deeds, page 640 in the office of the Register of Deeds,
Hennepin County, Minnesota, Frank C. Winkley and Nora M. Winkley, husband and
wife conveyed to Alberta Deaver the property described as follows:
That part of the Northeast 1/4 of the Southeast 1/4 of
Section 18, Township 28, Range 24, described as follows:
Commencing at a point on the East line of said Section,
40 rods North of the Southeast corner of the Northeast
1/4 of the Southeast 1/4 of said Section 18 and running
thence Northerly along said East line, 16 rods; thence
at right angles Westerly 20 rods; thence Southerly at
right angles 16 rods; thence Easterly at right angles
20 rods; more or less, to beginning.
DORSEY, MAROUART, WINDHORST, WEST & HALLADAY
Village of Edina
Page Two
January 31, 1969
The above description was also used in subsequent deeds conveying the title to
Christ Moe. Christ Moe and Augusta Moe, husband and, wife, however, conveyed
to Eric Bryan in a Warranty Deed dated January 3, 1930, filed January 3, 1930
and recorded in Book 1080 of Deeds, page 495 in the office of the Register of
Deeds, Hennepin County, Minnesota, the property described as follows:
Lot 49, Auditor's Subdivision No. 172
According to the plat of Auditor's Subdivision No. 172 the Westerly
boundary of Lot 49 thereof and the csterly line of the property described in
the first aforesaid Warranty Deed are not identical. The West line of said
Lot 49 is slightly further IT.2St than the West line of the property described
in the first aforesaid 'Ja-r.•ranty Deed. Therefore, a gap was created along the
West line of the subject premises. The Abstract of Title does not appear to
contain all the in; >truments affecting said gap. We, therefore, require that
the Abstract of Title to the subject premises be corrected to cover any and
all instruments affecting the subject premises. We further require either
that Quit Claim Deeds be obtained from the present owners of the gap property
or that the title to the subject premises be registered, if upon examination
of the corrected. Abstract said gap is found to still exist.
3. By a �Tarranty Deed dated May 7, 1948, filed May 10, 1943 and
recorded in Book 1640 of Deeds, page 64 in the office of the Register of Deeds,
Hennepin County, Minnesota, Augusta. Gaulke, formerly August Moe, and Fred Gaulke,
wife and husband, conveyed to Elwin A. Hoffman the property described as follows:
The East 1/2 of the South 1/2 of Lot 49, Auditor's
Subdivision, No. 172, Hennepin County, Minnesota.
In said Warranty Deed the grantors reserved onto themselves, their heirs or assigns,
a perpetual easement for driveway purposes over, upon and along the South 15
feet of the premises conveyed in the aforesaid Warranty Deed. We do not list this
as an objection to title, but merely for informational purposes.
4. The Abstract of Title only searches the name of Mrs. Gaulke between
June 6, 1965 and January 22, 1969 at 7:00 a.m. The Abstract of Title also
only searches the name of Augusta. Gaulke from August 13, 1962 to January 22,
1969 at 7:00 a.m. An oral check with the Title Insurance Company of Minnesota,
however, indicates that there are no judgments, tax liens, or bankruptcies
against said individuals that would constitute a lien on the subject premises.
5. Taxes payable in 1968 and all prior years are paid. Taxes payable
in 1969, in the amount of $193.26, are unpaid.
r
DORSEY, MARQUART, WINDHORST, WEST a HALLADAY
Village of Edina
Page Three
January 31, 1969
This opinion is limited to the matters shown by said Abstract of
Title and records 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 cr 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, Minnestoa Statutes, not appearing in the Abstract of Title.
PFB/rs
Very truly yours,
DORSEY, MARQUART, WINDHORST, WEST
& HALLADAY
By
Philip F.
S�Izz�
Boelter