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WARRANTY DEED
Individual to Corporation
�
.k ..'.3.... c...C. ? ..............:.......
TO
..........
Office of Register of Deeds,
*tate of Minnesota,
Countyof ................................ ...............::.:............
I hereby certify that the within Deed
was Zed in this of/ice for record on the
dayf .......... D. ............................,
19. G- - -..
at ......,o�...... o cloak ..::..................�JI�.,
HE NFp -_ � � AF B- �......... _.. _...
2?
Ala a
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................ ..........................V-er .............................
R of Deeds
Taxes for the year 19......, on the lands
described within, paid this . ...............................
dayof .............................. ............................... 19............
................ ............................... ............. ...............................
County Treasurer
By...................................... ............................... Deputy
Taxes paid and Transfer entered this
... ...............day of ................................................. ...,
19
........................................................ ...............................
County .4uditor
By....... ..... ................. Deputy
By
Recording Fee $2.00
TAXES PAID AND TRAN�fER ENI
DEC 31 1968
:GEORGE B. HICKEY, ALA1I,D) ;
HENNEPM COUNTY, MINN.
So MhTih w ammom
PAWgWY AM PAUL
UNWR lAL RECEIPT
Q0644rY TRcAs.
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Warranty / y I/_S Form No. 3-M.
Individual is Cbrffation.
3'755909
t� rtber�ture, Made this ..................3 ..........................day of.
between ...............Eugen e...'..:... Hey,. e. X. e.... UArm.rly ...Rugeala.. ,P ..... Leb!
and wife
Miller -Davis Co., Minneapolis, Minn.
Minnesota Uniform Conveyancing Blanks (1931).
December ...................., 19..x$....,
.......... ...............................
:doff) .. ..and...John..Heleve,...husband
of the County of ....... Hennepin ........... ............................and State of ........... Minnesota......................... ..............................,
Village of Edina
part..ies. of the first part, and ................................................................................................................................................. ...............................
.................................................................................................................................................................... ..............................I
......m�cz�ri .e.i.p� .................... .Minnesota
a tiorporation under the laws of the State of ...................................................... ............................... party of the second part,
WitnC000b, That the said partieZ... of the first part, in consideration of the sum of
One Dollar and Other Good Valuable Considerations - - - - - - - - - - -
.........................�
to ............... them in hand paid by the said party of the second part, 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 ............................ ttemzlepIm ................................ and State of Minnesota, described as follows, to -wit:
Lot 41, except that part thereof lying East of the West 145 feet thereof,
and the South 2 feet of Lot 42 and the South 2 feet of the West 65 feet
of Lot 43, Auditor's Subdivision Number 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.
Subject to easements, reservations and restrictions of record, if any.
Rio Jbabe allb to 3bolb tlje OaMt, Together with all the hereditaments and appurtenances
thereunto belonging, or in anywise appertaining, to the said party of the second part, its successors and
assigns, Forever. Ind the said... �?.gen 4...P. Heleve and John Heleve
.............................................................. ...............................
................................................................................................................................................................................ ............................... __ ..... ... ......... I ...... I ..............
part..ies. of the frst part, for ............. themselves. ...... their ........... heirs, executors and administrators, do............
covenant with the said party of the second part, its successors and assigns, that ....... they,,. are ............................. well
seized in fee of the lands and premises aforesaid, and ha.Ye� ..... good right to sell and convey the same in
manner and form aforesaid, and that the same are free from all incuznbrances, except as above.
.gnd 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 incumbrances, if any, hereinbefore mentioned, the said partle.s..
of the first part will Warrant and Defend.
N Tatimonp Eljereof, The said part.ie.s.. of the first part ha.ve..... hereunto set .............tbeir..
hand$... the day and year first above written. 1:2
Y
PURCHASE AGREEMENT
, Minnesota
1969
Received of ROBERT FRINKMAN, the sum of Three Thousand One Hundred
($3,100) Dollars as full payment for the purchase of a house to be moved
from 5027 Halifax Avenue South, Edina, Minnesota.
As a condition of the sale, the purchaser agrees to have all utilities
disconnected, to have the house moved from its present site no later than
June 1, 1969, and to properly fence the area for maximum safety.
The purchaser agrees also to meet all of the requirements of Village
Ordinance No. 52A, an Ordinance regulating the moving of buildings, and
the seller agrees to waive the permit fee as required by said Ordinance
No. 52A.
I, the undersigned, owner of the above land, do hereby approve of the
sale described above.
i y
STATE OF MINNESOTA )
COUNTY OF HENNEPIN ) SS.
VILLAGE OF EDINA )
SELLER - VILLAGE OF /1INA
arren C. Hyde, Village Manager
On this �1 day of 1969, before me, a Notary Public
within and for said County, personally appeared WARREN C. HYDE, to me known
to be the person described in and who executed the foregoing instrument and
adknowledged that he executed the same as his free act and deed.
(Notarial Seal)
FLO RFN ^F H. HALLBERQ
Notary Public, Hennepin County, 1AW.
I hereby agree to purchase said structure ff`e 'nV'j5TitW'ttb'6va #T=ed and
upon the terms above stated.
BUYER
7.
r
r y
i
obert Frinkman
STATE OF MINNESOTA )
COUNTY OF HENNEPIN ) SS.
VILLAGE OF EDINA )
On this % Z day of i1ta e , 1969, before me, a Notary
Public within and for said County, personally appeared ROBERT FRINKMAN, to
me known to be the person described in and who executed the foregoing instrument
and acknowledged that he executed the same as his free act and deed.
(Notarial Seal)
O
9. HALLBERG
(Aar), Public, Hennapin ^oi!nty. Minn.
It') ; Omwission Expires Dee. 31, 1971
-2-
DORSEY, MAROUART, WINDHORST, WEST & HALLADAY
JAMES E' DORSEY (1089-1959)
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. LINDQUIST
CORNELIUS D- MAHONEY
DAVID R_BRINK
THOMAS S. ERICKSON
HORACE HITCH
MICHAEL E. SPESS
VIRGIL H.HILL
PAUL G.ZERBY
ROBERT V_TARBOX
RAYMOND A. REISTER
DcFOREST 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 0- FLOTTEN
CURTIS L.ROY
JOHN D. LEVINE
ARTHUR E.WEISBERG
ROBERT J. STRUYK
LAW OFFICES
2400 FIRST NATIONAL BANK BUILDING:
MINNEAPOLIS, MINNESOTA $3402
Mr. Warren Hyde
Village Manager
Village of Edina
4801 West 50th Street
Edina, Minnesota
Dear Warren:
TELEPHONE: 333 -2151
AREA C0DE: 612
CABLE ADDRESS: DOROW
December 30, 1968
Re: Heleve Property
5027 Halifax Avenue
MICHAEL A. OLSON
LARRY W. JOHNSON
THOMAS S. MAY
CURTIS D_FORSLUND
G -LARRY GRIFFITH
CRAIG A. BECK
DAVID L.M000SKEY
THOMAS O. MOE
JAMES H. O'HAGAN
JOHN M. MASON
MICHAEL W. WRIGHT
LARRY L.VICKREY
LOREN R. KNOTT
PHILLIP H. MARTIN
JOHN J. HELD. JR.
REESE C.JOHNSON
JAMES T. HALVERSON
CHARLES J. HAUENSTEIN
CHARLES A.GEER
JOHN C.ZWAKMAN
JOHN R.WICKS
EUGENE L.JOHNSON
ROBERT O. KNUTSON
JOHN W.WINDHORST,JR_
MICHAEL PRICHARD
RICHARD G.SWANSON
RICHARD W. DuFOUR, JR.
FAITH L.OHMAN
DAVID A.RANHEIM
ROBERT J. SILVERMAN
OF COUNSEL
DAVID E. BRONSON
HUGH M- BARBER
LELAND W. SCOTT
LEAVITT R- BARKER
We closed the acquisition of the Heleve property on December 30.
The deeds are now being recorded. I will forward them to the Village
once recorded. Enclosed is the Abstract of Title to the property. Also
enclosed is a letter from Mrs. Heleve wherein she agrees to vacate . not
later than May 1, to pay utilities, maintain insurance, and to keep the
property in as good repair as it is now in.
If you have any questions on this acquisition, please advise.
Very truly yours,
q0m S. Erickson
TSE : c c
Encl.
Certified - Return Receipt Requested
December 30, 1968
Village of Edina
Village Hall
Edina, Minnesota
Dear Sirs:
In accordance with the terms of the purchase agreement dated December 3,
1968, I am to retain possession of the premises at 5027 Halifax Avenue,
Edina, Minnesota, until May 1, 1969 unless I desire to vacate the premises
before that date. I have no obligation to pay rent to the village during
the period of my occupancy. I agree, however, that I will maintain my
present liability and casualty insurance on the property and that I will
name the village as an insured as its interests may appear. Further, I
will pay all utility bills due and owing up to and including the date that
I vacate the property. Further, I will keep the premises in as good a
state of repair and condition as they are now in. I will vacate the
premises no later than May 1, 1969, and all of my personal property not
removed by that date shall be and become the property of the village of
Edina to dispose of as the village sees fit. I will also hold the village
harmless from any and all claims for damages due to injuries to persons
or property occuring on or about the premises during the period of time
that I am in possession.
Yours very truly,
Eugenia P. Heleve
DORSEY, MAROUART, 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. MAHONEY
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
LAW OFFICES
2400 FIRST NATIONAL BANK BUILDING
MINNEAPOLIS, MINNESOTA 55402
Mr. Warren Hyde
Village of Edina
4801 West 50th Street
Edina, Minnesota
Dear Warren:
TELEPHONE: 333 -2151
AREA CODE: 612
CABLE ADDRESS: DOROW
December 23, 1968
Re: Heleve Property
MICHAEL A OLSON
LARRY W.JOHNSON
THOMAS S. HAY
CURTIS D- FORSLUND
G. LARRY GRIFFITH
CRAIG A. BECK
DAVID L. McCUSKEY
THOMAS O. MOE
JAMES H. O'HAGAN
JOHN M. MASON
MICHAEL W WRIGHT
LARRY LVICKREY
LOREN R.KNOTT
PHILLIP H. MARTIN
JOHN J. HELD, JR.
REESE C.JOHNSON
JAMES T HALVERSON
CHARLES J. HAUENSTEIN
CHARLES A.GEER
JOHN C.ZWAKMAN
JOHN R.WICKS
EUGENE L.JOHNSON
ROBERT O. KNUTSON
JOHN W. WINDHORST, JR_
MICHAEL PRICHARD
RICHARD G.SWANSON
RICHARD W. OuFOUR,JR.
FAITH L.OHMAN
DAVID A.RANHEIM
ROBERT J. SILVERMAN
OF COUNSEL
DAVID E. BRONSON
HUGH H_BARBER
LELAND W.SCOTT
LEAVITT R. BARKER
I enclose herewith our title opinion on the property you are
acquiring at Halifax just south of 50th, from the Helevels. We have
also sent a copy of this opinion to the attorney for the sellers to
make known our objections to title. I presume that we can close this
matter on December 31.
As to the title objections, I trust that the restriction on
using the property for residential purposes will not be a problem for
you. As to the question of whether or not there are any overlaps or
gaps, I have checked orally with the 'Village Engineering Department
and if there is a gap or overlap, it would appear to be along the
South edge of the two feet strips, and would appear to be very small
in area. Of course, any gap, no matter how small, can, at times, be
serious. If this will be a problem, then I would suggest we obtain a
survey and provide for a holdback of funds at closing and an agreement
by the sellers to undertake curing of the property.
As soon as I have talked with the attorney for the sellers
regarding the time and place for closing, I will be in touch with you.
In addition to a Warranty Deed, I have also requested a letter agree-
ment between the parties whereby the sellers agree to maintain casualty
and liability insurance on the property, pay for utilities, maintain
the premises in at least as good condition as they are now in, and vacate
the premises by not later than May 1, 1969.
TSE:cc
Encl.
If you have any questions, please advise.
Very truly yours,
lomas S. Erickson
DORSEY, MARQUART, W(NDHORST, WEST 8, HALLADAY
JAMES E.DORSEY (1889 -1959)
DONALD WEST
DUANE E.JOSEPH
WALDO R MARQUART
FREDERICK E. LANGE
JOHN W.WINDHORST
JAMES B.VESSEY
HENRY HALLADAY
WILLIAM A. WHITLOCK
JULE M. HANNAFORD
E. J. SCHWARTZSAUER
ARTHUR B.WHITNEY
THOMAS M. BROWN
RUSSELL W- LINDOUIST
CORNELIUS D- MAHONEY
DAVID R.BRINK
THOMAS S. ERICKSON
HORACE HITCH
MICHAEL E. BRESS
VIRGIL H. HILL
PAUL G. ZERSY
ROBERT V. TARBOX
RAYMOND A.REISTER
D[FOREST SPENCER
JOHN J.TAYLOR
ROBERTJ.JOHNSON
BERNARD G.HEINZEN
M. 8- HASSELOUIST
WILLIAM J. HEMPEL
PETER DORSEY
JOHN S. HIBBS
GEORGE P.FLANNERY
ROBERT O. FLOTTEN
CURTIS L.ROY
JOHN O. LEVINE
ARTHUR E.WE158ERG
ROBERT J. STRUYK
LAW OFFICES
2400 FIRST NATIONAL. BANK BUILDING
MINNEAPOLIS, MINNESOTA 5 8 4 0 2
Village of Edina
48011 West 50th Street
Edina, Minnesota
Gentlemen:
TELEPHONE: 333 -2151
AREA CODE: 612
CABLE ADDRESS: DOROW
December 23, 1968
Re: Lot 41,except that part thereof lying
East of the West 145 feet thereof, and
the South 2 feet of Lot 42 and the South
2 feet of the West 65 feet of Lot 43,
Auditor's Subdivision Number .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.
MICHAEL A. OLSON
LARRY W. JOHNSON
THOMAS S. HAY
CURTIS 0- FORSLUND
G. LARRY GRIFFITH
CRAIG A. BECK
DAVID L. McCUSKEY
THOMAS O. MOE
JAMES H- O'1/AGAN
JOHN M.MASON
MICHAEL W. WRIGHT
LARRY L.VICKREY
LOREN R. KNOTT
PHILLIP H. MARTIN
JOHN J. HELD, JR
REESE C.JOHNSON
JAMES T. HALVERSON
CHARLES J. HAUENSTEIN
CHARLES A. GEER
JOHN C.ZWAKMAN
JOHN R. WICKS
EUGENE L.JOHNSON
ROBERT O. KNUTSON
JOHN W. WINDHORST, JR.
MICHAEL PRCCHARD
RICHARD G. SWANSON
RICHARD W- DuFOUR,JR.
FAITH L.OHMAN
DAVID A. RANHEIM
ROBERT J_ SILVERMAN
OF COUNSEL
DAVID E.BRONSON
HUGH H. BARBER
LELAND W. SCOTT
LEAVITT R. BARKER
We have examined the title to the above described premises as
shown by an Abstract of Title certified to December 16, 1968, 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 16, 1968, at 7:00 a.m., the
fee title to said premises was vested in EUGENIA P. HELEVE (formerly
Eugenia P. Lebedoff; JOHN HELEVE, husband), free and clear of all liens,
charges and encumbrances, except as follows:
1. Two mortgages both in favor of Lizabeth E. Griswold and
Frank W. Griswold, one dated October 9, 1956 and filed November 2, 1956,
in Book 2973 of Mortgages, Page 618, to secure the original principal
sum of $6,000.00, and the other dated January 10, 1955, and filed
November 2, 1956 in Book 2973 of Mortgages, Page 620, to secure the
original principal sum of $4,400.00. We require that both of said mort-
gages be satisfied of record.
2. The West 30 feet of said premises is subject to an easement
for road purposes in favor of the Village of Edina, as evidenced by a
Quit Claim Deed dated May 31, 1922, and filed November 13, 1922 in
Book 993 of Deeds, Page 384, and a Warranty Deed dated September 1, 1926
and filed December 21, 1926, in Book 1110 of Deeds, Page 61.
DORSEY, MAROUART, WINDHORST, WEST & HALLADAY
Village of Edina -2 December 23, 1968
3. Subject to building restrictions as contained in that certain
document dated December 15, 1939 and filed December 18, 1939 in Book 51
of Contracts, Page 66 as follows
"That all of the West 65 feet of said Lot 43'
,
except the North 125 feet thereof, and all
of said Lot 42, except the North 100 feet
thereof, both of said Lots being in said
Auditor's Subdivision.-No, 172, shall together,
be considered, treated and deemed as one
combined parcel of ground, and shall not be
sold, leased, mortgaged, encumbered or in
anywise conveyed except as a whole, or in
one or more lots having a frontage of not
less than 50 feet on Halifax Avenue, and that
when any lot, part, or portion of said
combined tract shall be improved, it shall
be by the construction of a one - family or
two - family residence building fronting or
facing on said Halifax Avenue, and no other
buildings or structures shall be placed or
erected upon such combined tract, except
garages appurtenant to such residence structures ".
4. Because of the various means of describing adjoining prop-
erties in said Auditor's Subdivision No. 172, we are unable to determine,
without a survey, if there are any overlaps or gaps between the properties
above described or between the properties above described and properties
adjoining the same.
5. Taxes due and payable in 1967 and prior years are paid. Taxes
due and payable in 1968 are paid on a portion of said property and only
one -half paid on another portion of said property, with the second half
of such portion now being due and payable with penalty.
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,
..
TSE:cc
DORSEY, MAROUART, WINDHORST, WEST a HALLADAY
(d) special assessments,
(e) natters 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.
Very truly yours,
DORSEY,MARQUART,WINDHORST,WEST & HALLADAY
By �Ericks '
o
DORSEY, MARQUART, WINDHORST, WEST Sc HALLADAY
JAMES E.DORSEY (I889 -1959)
JAMES F. MEEKER
DONALD WEST
ARTHUR E.WEISSERG
WALDO F.MAROUART
DUANE E.JOSEPH
JOHN W.WINDHORST
FREDERICK E. LANGE
HENRY HALLADAY
JOHN W. JONES
JULE M.HANNAFORD
JAMES B.VESSEY
ARTHUR B.WHITNEY
WILLIAM A.WHITLOCK
RUSSELL W. LINDQUIST
E.J.SCHWARTZSAUER
DAVID R. BRINK
THOMAS M. BROWN
HORACE HITCH
CORNELIUS D.MAHONEY
VIRGIL H.HILL
THOMAS S. ERICKSON
ROBERT V. TARBOX
MICHAEL E.SRESS
DEFOREST SPENCER
PAUL G.ZERBY
ROBERT JJOHNSON
RAYMOND A. REISTER
M.B- HASSELOUIST
JOHN J.TAYLOR
PETER DORSEY
BERNARD G- HEINZEN
GEORGE P. FLANNERY
JOHN S.HISBS
CURTIS LL ROY
ROBERT O.FLOTTEN
Village of Edina
4801 West 50th Street
Sdina, munesota,
Gentlemen
LAW OFFICES
JAMES F. MEEKER
JOHN J. HELD
JOHN D- LEVINE
REESE CJOHNSON
ROBERT J- STRUYK
JAMES T. HALVERSON
2400 FIRST NATIONAL BANK BUILDING
MICHAEL A. OLSON
CHARLES J. HAUENSTEIN
M I N N E A P O 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 O.FORSLUND
JOHN R.WICKS
G. LARRY GRIFFITH
EUGENE LJOHNSON
TE LE P H O N E: 3 32 -33 51
CRAIG A. BECK
ROBERT O. KNUTSON
DAVID L McCUSKEY
JOHN W. WINDHORST, JR.
AREA CODE: 612
THOMAS O.MOE
CABLE ADDRESS: DOROW
JAMES H. dHAGAN
JOHN M.MASON
OF COUNSEL
MICHAEL W WRIGHT
DAVID E. BRONSON
LARRY L.VICKREY
HUGH H. BARBER
December 23 9 968
LOREN R. KNOTT
LELAND W. SCOTT
1TJ4Y W i !i. , .i
MARTIN
PHILLIP H. MARTIN
LEAVITT R. BARKER
Res Lot 41,except that part thereof lying
East of the West 145 feet thereof, and
the South 2 feet of Lot 42 and the South
2 feet of the West 65 feet of Lot 43,
Auditor's Subdivision Numb er..272:, aQc ;6rding
to the map or plat thesvof on file air 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 promises as
shown by, an Abstract of Title certified to December 16, 1968, at 7 *.00 a.m.
by North Star Abstract & Title Guaranty, Inc. based upon such aexaaminartion
we are of the opiuion that as of December 16, 1968, at TOO a.m., the
fee title to said promises w a8 vested in EUOUTA P. HELM ( formerly
Eugenia, P. Lebiedoff JOHN H=M, busband), free and clear of all lions,
charges and encumbrances, except as follows s
1. Two mortgages both in favor of Li sabet'h Z. G riev old and
Frank W. Griswold., out mated October'9, 1956 and filed, `$ovevber 2, 1956,
in Book 29 ?3 of Mortgages, Page 616, to secure the original principal
sum of $6,000.00, and the other dated January 10, 1955, and filed
November 2, 1956 in Rook 2,913 of Mortgages, Page 620, to secure the
original principal sum of ,400.00. We require that bath of said *art -,
gages be satisfied of record.
2. The West 30 feet of said ;promisees is subject to an easement
for read pw:pos es is favor of the Village of Edina, as evidenced by a
Quit Claim Deed dated May 31, 1922, and filed November 13, 1922 in
Book 9931 of Da ed&, rage 384, and a Warranty Deed dated Septembor,,,l, 1926
and filed December 210 1926, in Rook 1130 of Deeds, Page 61.
DORSEY, MAROUART, WINDHORST, WEST & HALLADAY
Village of Edina -2_ December 23, 1968
3. 3waibject to building restrictions as contained in that certain
document dated December 15, 1939 and filed December 18, 1939 in Book 51
of Contracts, Page 66 as follows
"That all of the West 65 feet of said Lot 48,
except the North 125 feet thereof, and all
of said Lot 42, except the North 100 fleet
thereof, both of said Lasts being in said
Auditor's Subdivision No,. 172, shall together,
be considered, treated and deemed as one
combined parcel of ground, and shall not be
sold, leased, mortgaged, encumbered or in
anywise conveyed except as a whole, or in
one or more lots having a frontage of not
less then 50 feet on Halifax Avenue, and that
when any lot, part, or portion of said
combined tract shall be improved, it shall
be by the construction of a once - family or
two- family residence building fronting or
facing an said Halifax Avenue, and no other
buildings or structures shall be placed or
erected upon such combined tract,, except
garages appurtenant to such residence. structures"*
4. Because of the various{ measles of describing adjoining prop-
erties in said Auditor's Subdivision No. 172, we are unable, to determine,
without a survey, if there ore any overlaps or gaps between the properties
above described or between the properties above described and properties
adjoining the some.
5. Taxes due and payable in 196T and prior years are paid. 'Taxes
.due and p&ydble in 1968 are paid on a portion of said property and only
one-half paid on another portion of said property, with the second half
of such portion now being due and payable with penalty.
This opinion is limited to the matters shown by said Abstract
of Title and the documents referred to therein. All matters not so shower
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 coning and building laws and restrictions,
DORSEY, MAROUART, WINDHORST, WEST & HALLADAY
(d) spacial assessments,
(ee) matters vhich an accurate survey of the premises would
disclose, and
(f) security interests in crops or fixtures under Mapteer
336, Minnesota Statutes, not appearing in the Abstract
of Title.
Very truly yours,
DOESEY,I UQUARTOWINDHORST,WEST DALT"Y
BY
&&j5pol—S. �Jcriakson
TOR., cc
yl
No. 1517Y4 PURCHASE AGREEMENT
Revised 1952
MILLER-DAVIS Co. Minneapolis, Minn.,....... December ..3,...�9�?$.........
Minneapolis
RECEIVED OF ....... WLLAGE..OF EDINA
the sum of ..... Five ... Iiindred Dollars ------ - - - - -- (� 500.00: )
..............................
DOLLARS as earnest money and in part payment for the purchase of
property at ......... 5027.. Wlifax.. Av„ enue .................. ...............................
WHITE —Office Copy
YELLOW — Buyer's Receipt
GREEN— Seller's Copy ................................................................................. ...............................
PING— Buyer's .Copy
situated in the County of........ Hennepin .......................... State of Minne-
sota, and legally described as follows, to -wit:
j� W 145 ft. of Lot 41 and S 2 ft. of Lot 42 and S 2 ft. of Lot 43,
/1•j� Auditor's Subdivision #172.
lncludln all storm sash storm doors detachable vestibules screens awnings, s
i&g ve1e4aft-bfiIrds), "r ds, +� at1°'vrw. °�°..� -", dzapory r", lighting fixtures, plumbing fixtures, hot
water tanks and heating plant (with any burners, tanks, stokers and other equipment used in connection
therewith) used and located on said premises and including also the following listed personal property:
Seller may remove carpeting.
all of which property the undersigned, as agent for the owner, has this day sold to the buyer for the sum of
Wg ty-- fivethousand fvehundre-------------------------------------------------------- ls no cents-----
-_ _ - DOI,I.ARS,
which the buyer agrees to pay in the following manner:
`Earnest money erein aid_ Five hundred dollars and no cents - -- 500.00 Y paid___ - - -- -- (�------------ - - - --- - ) DOLLARS
00
at
C�' V 0�'l �� .� f�uc•� �j,�� �¢.rrzr%�..J � �, � , t �J b � ' J'�'""""`"t/ i ���-
- Deed
Subject to performance by the buyer the seller agrees to execute and deliver a ................ . .Warranty
... ........... -
(to be joined in by spouse, if any) conveying a marketable title to said premises subject only to the following exceptions:
(a) Building regulations, 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 rll is to the State of Minnesota.
(d) Taxes due and payable in the year 19__b�. and in subsequent years, including all special assessments and deferred installments
thereof if any heretofore levied against said land, payment of which is not yet enforceable.
(e) Rights of tenants as follows: (unless specified, not subject to tenancies)
(f) Utility easements.
The seller further agrees to deliver possession not later than --- .------- ....�*Y --- lx__. 1969...._.---------- .------------------------------ provided that
all the conditions of this agreement have been complied with.
The seller further agrees to keep fire and windstorm insurance amounting to $ ------------------- _----- _in effect continuously during the life
of this agreement and, at the buyer's option to transfer his interest in said insurance to the buyer; and thereafter buyer agrees to carry
fire and extended insurance coverage to cover the amount of contract and mortgage, if any.
The buyer and seller also mutually agree that pro rata adjustments of rents, interest, insurance and city water used on said premises
shall be made as of----- - - - --- May--- L------- -------------- - - ---- 1959 --- - --
The seller shall within a reasonable time furnish an abstract of title or Torrens certificate (with title searches not included therein),
showing marketable title, certified to date. The buyer shall be allowed ----------- 30 ------------------- 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 _______.__ 30 ----------------- days to make such title marketable. Pending correction of title the payments here-
under 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 _______________- 0 ------ .------ .------- .--- 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 respective 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.
.IL is. undassti�l� ,gnaad.tkiat.t�lis.sale made �t�jeck tcr.t,�ie �e� l�� ihe.aw�er -o€ ea�cl•�re�rlises; r1- �rtt�il�g- �rhivh- oo�sent
- agexit. )gas- _- .- _--=---- __ - - -� --- -" - - -- -- �- d�ys�ta e1�tei�T and- t�i�trt�ie �x�c�ersig�ne� ®geatr is mfr �a �nai3ner liable ar- respeasiblc err acevimt'ef -
#+t s.ag ee el�t? wwopt -to "*m-or c&soett1ft4er -t4ie ear #iesA erer�ey- paid -r iertrh3s- oefrtractr.
The delivery of all papers and monies shall be made at ------------------------------------------------------------------------------------------------------------
theoffice of-------- - - - - -- ------------------------- --- ------------- ---- ---- - - -- -- ----- ----- - - - - -- - --- --- -- ----- -- ---- --- -- ---- - - - - -- - ----- --- -- - - --- ---- - - - --- - --- ---- - - ---- -- --- - -- - - - - -- -- --- -- - - ----
-BS*_
---- -*gm=--
I, the undersigned, owner of the above land, do hereby I hereby agree to purchase t e said pro r r the price
ratify the above agreement and the sale thereby made. and upon the "terms abo oned, n on-
ditions berein expressed.
F v
---- -- -- -- -- ----- --- - -- - -- -- ---- ------- ------ - -- ---
Seller uy
Seller
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