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Village of Edina 4801 WEST FIFTIETH STREET • EDINA, MINNESOTA 55424 �HN 927 -8861 au i ProwtLes Im. is Ow owwr of a barn Paml of n 'v l Of 3 WI - ,. 0414 owaar has rare approval of 0114 Viliap of adlus of the comey- "40 aAd OW404tOhif 44 L AbOVO " QrLb *A 14"Id at, a 00PArata P 1 A �� r.� ' t " o w�a � a�3 that U �. t �� m zoning Rasulatious of the VL U e of X44a'-will Qx4ato -m una"600aZY WwdghiP BMA traor. of 14 as V. s1v l Istertsve with I;ba Purp000 of tho SubdLVISLaft sad U4iow as eout"Ined in sib* ViUfto of - 9 .,G a r STATE OF MINNESOTA ) COUNTY OF,HENNEPIN) SS VILLAGE OF EDINA ) CERTIFICATE OF VILLAGE CLERK I, the undersigned duly appointed and acting Village Clerk for the Village of Edina, Minnesota, do hereby certify that I have compared the attached and foregoing resolution and that the same is a true and correct copy of a resolution duly adopted by the Edina Village Council at its:Regular Meeting held Monday, March 16, 1970 and as.recorded in the minutes of said Regular Meeting. WITNESS my hand and seal of said Village this 17th day of March, 1970. Edina Village Clerk NOW, THEREFORE, It is hereby resolved by tote Wllage Council of the Village. Of RdiUA thAt tics Conveyance a Ownership of the above described tract of and as a separate parcel to hereby approved and the requirements and provisions of OrdlaAmca Nos, 261 and 263-A are bereby waived as to said, division and conveyan", subject,, however, to the provision that no further subdivIalon be ms4e of the above dexeribed tracts of lgn4 unions made is coiVIiance with the pertinent ordlumees of the Village of Edina or with the prior, approval wf this Council an may be provided for by these ordinancea. Mayor ATTEST: (slaned) f16�'QB Po. VALLBERG Village Clerk STATE OF MINNESOTA COUNITY OF 11UNK-UPIN SS. 'DINA VTUAGE OF E !1MT._1P1W1 (I VJkW_ RK 1, the undersigned, being the duly qualified and actin g Village Clark of the Villa of Edina. Hlnizosota., do hare by certify that I have -compared the attached and foregoing transcript of minutes with the original minutes on file and of record irAmy office, and that the same is a full, true and, correct transcript of the minutes of a tneeting of the Villwge Council of June 17, 1966* WITNESS my hand and seal of said Villape this Ifth day of June, 1968. , L-Ce- Edina Village Clerk WHEREAS, Richard W. Stainer, Trustee of the Sadie M. Steinar Trtmt,, is the Meer of a certain parcel of land In the Village of Edina described as follows-, That part of Lot 45, Auditor's Subdivision No. 172 described an followa: Commencing at a point o the East line of said Lot 45, 70 feet North of tbe. South line thereof, thence meat along a line parallel to said South line a distaute of 150,0 feet; thence North along a line parallel to said East line a distance of 121.9 feat t- thence lost along a line parallel to saIJ South line a distance of 36.1 feet; thence North along a line parallel to said 'East line a diou(nat of 1-1 feet themea East along a line parallel to so-id South line a distance of 113.9 feet to a point in said East line 123.0 ieat: North of the point of begirnJug, thente South along- said Bast line a distance of 123.0 feet to the point of beginning, resorving to party of the first part, its successors wiid assir ,us, a driveway easemant over *ad through the above-described tract of land for purposes of iasross to aud egress fry the '.and lying adjaeant thereto on the West, *hick easement shall run from Zast to W*Gt and frOM'W#2t to E*apt, approulmately Olghtsea (18) feat in width Alongg and parallol to both the North and South sides of the building to be toostructed thereon, and which easement shall be reserved to party of the first part, Its successors and assigus, for the lesser of (a) ton (10) years from the date hereof, or (b) the completion date of the extension Westward of 51st Street and the development of the aforesaid adjacent land as 4 municipal& parking facility, wh1ohaver is shorter; provided, that It the lease of party of the second part with Tutu City Red Barn, Inc., #6, a ftnneaota torporation, dated December 12,. 1967p be terminated prior tbarato, the aforesaid aasav*nt shall, at the option of potty of the second part, torminate contemporaneously with the termination of said lease; and WURFAS, SAID ovner has requested approval of tke Village of Mina of the coaveyance and ownership of ttae above described land as a separate parcel; and WHERM, it hap been 4etarminW that compliance with the Sub4tvision and Zoning Regulations of the Village of Edina will create all'unuotessary hardebip,:�-miad said tract of land as a separate parcel does not interfere with the purpose of the Subdivision '4VA zoning Regulations *9 contained its the Village of JU(Ina Ordioance Numbers 261 and 263-Ai TO SPEED LETTER, A S, SUBJECT A- -FOLD � / MESSAGE DATE _ J y4' 19-272 71- SIGNED REPLY DATE 19 (i( )•vine "SNAP -A -WAY" FORM 44 -902 3-PARTS RETAIN WHITE COPY, RETURN PINK COPY WILSON JONES COMPANY - (9) 1961 • PRINTED IN U.S.A. August 19, 1969 Village of Edina 4801 West 50th Street Edina, Minnesota 55424 Re: The South Seven feet (7') of the North Ten feet (10') of the North One Hundred twenty - three feet (123') of the South One Hundred ninety -three feet (193') of the East One Hundred Fifty feet (150') of Lot 45, 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 Gentlemen: We have examined the title to the above described premises as shown by an Abstract of Title last certified to May 19, 1969 at 7:00 o'clock A.M. by Title Insurance Company of Minnesota. Based upon such examination, we are of the opinion that as of May 19, 1969 at 7:00 o'clock A.M., fee title to said premises was vested in RICHARD W. STEINER, TRUSTEE OF THE SADIE M. STEINER TRUST, free and clear of all liens, charges and encumbrances, except as follows: 1. By a Warranty Deed dated April 15, 1968, filed April 22, 1968 and recorded in 68 Hennepin County Records, page 3710743, Edina Theatre Corporation conveyed to Richard W. Steiner, Trustee of the Sadie M. Steiner Trust, the property described as follows: Commencing at a point on the East line of said Lot 45, 70 feet North of the South line thereof; thence West along a line parallel to said South line a distance of 150.0 feet; thence North along a line parallel to said East line a distance of 121.9 feet; thence East along a line parallel to said South line a distance of 36.1 feet; thence North along a line parallel to said East line a distance of 1.1 feet; thence East along a line parallel to said South line a distance of 113.9 feet to a point in said East line 123.0 feet North of the point of begin- ning; thence South along said East line a distance of 123.0 feet to the point of beginning HORSEY, MARQUART, WINDHORST, WEST 8, HALLADAY JAMES E.DORSEY 0889 -1959) DONALD WEST DUANE E- JOSEPH LAW OFFICES MICHAEL A -OLSON CHARLES A_GEER WALDO F- MAROUART FREDERICK E. LANGE LARRY W. JOHNSON JOHN C.ZWAKMAN JOHN W. WINDHORST JAMES B.VESSEY 2400 F IRS T NATIONAL B A N K BUILDING THOMAS $_HAY JOHN R.WICKS HENRY HALLADAY WILLIAM A- WHITLOCK CURTIS D. FORSLUND EUGENE L.JOHNSON JULE M. HANNAFORD E. J. SCHWARTZBAUER 5 6 4 0 2 MINNEAPOLIS G. LARRY GRIFFITH ROBERT 0. KNUTSON ARTHUR B_ WHITNEY THOMAS M_ BROWN ,MINNESOTA 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 0.MOE RICHARD G. SWANSON HORACE HITCH MICHAEL E. BRESS TELEPHONE: 3 33 - 2 151 JAMES H. O'HAGAN RICHARD W. DVFOUR,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.B. HASSELOUIST WILLIAM J. HEMPEL PHILLIP H. MARTIN OF COUNSEL PETER DORSEY JOHN 5. HIBBS JOHN J. HELD,JR. DAVID E. BRONSON GEORGE RFLANNERY ROBERT 0- 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 August 19, 1969 Village of Edina 4801 West 50th Street Edina, Minnesota 55424 Re: The South Seven feet (7') of the North Ten feet (10') of the North One Hundred twenty - three feet (123') of the South One Hundred ninety -three feet (193') of the East One Hundred Fifty feet (150') of Lot 45, 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 Gentlemen: We have examined the title to the above described premises as shown by an Abstract of Title last certified to May 19, 1969 at 7:00 o'clock A.M. by Title Insurance Company of Minnesota. Based upon such examination, we are of the opinion that as of May 19, 1969 at 7:00 o'clock A.M., fee title to said premises was vested in RICHARD W. STEINER, TRUSTEE OF THE SADIE M. STEINER TRUST, free and clear of all liens, charges and encumbrances, except as follows: 1. By a Warranty Deed dated April 15, 1968, filed April 22, 1968 and recorded in 68 Hennepin County Records, page 3710743, Edina Theatre Corporation conveyed to Richard W. Steiner, Trustee of the Sadie M. Steiner Trust, the property described as follows: Commencing at a point on the East line of said Lot 45, 70 feet North of the South line thereof; thence West along a line parallel to said South line a distance of 150.0 feet; thence North along a line parallel to said East line a distance of 121.9 feet; thence East along a line parallel to said South line a distance of 36.1 feet; thence North along a line parallel to said East line a distance of 1.1 feet; thence East along a line parallel to said South line a distance of 113.9 feet to a point in said East line 123.0 feet North of the point of begin- ning; thence South along said East line a distance of 123.0 feet to the point of beginning DORSEY, MAROUART, WINDHORST, WEST & HALLADAY Village of Edina Page - 2 - August 19, 1969 Edina Theatre Corporation reserved a driveway easement over and through the above described tract of land for purposes of ingress to and egress from.the land lying adjacent thereto on the West. Said easement runs from East to West and from West to East, approximately 18 feet in width along and parallel to both the North and South sides of the building constructed on the above described tract of land. Said easement was reserved by party of the first part, its successors and assigns, for the lessor of (a) 10 years from the date of said Warranty Deed, or (b) the completion date of the extension Westward of 51st Street and the development of the aforesaid adjacent land as a municipal parking facility, whichever is shorter; provided, that if the lease of the party of the second part with Twin City Red Barn, Inc., #6, a Minnesota corporation, dated December 12, 1967, be terminated prior thereto, the aforesaid easement shall, at the option of party of the second part, terminate contemporaneously with the termination of said lease. Without a survey it can not be determined whether the captioned premises or any part thereof are located within the area subject to said easement. However, since the Village of Edina has acquired the tract of land lying adjacent to the above described tract of land on the west, there is no longer any need for said easement to be retained by Edina Theatre corporation. We, therefore, suggest that a quit claim deed be obtained from Edina Theatre Corporation releasing the above described tract of land from said easement. 2. The captioned premises are subject to the provisions of that certain Trust Agreement executed September 23, 1948, and known as Sadie M. Steiner Trust. A copy of said trust is attached to a Certificate of Trustee filed October 4, 1968 and recorded in Book 68 Hennepin County Records, page 3738912. We require that any deed to the captioned premises conform to the provisions of said trust. 3. Real estate taxes payable in 1968 and prior years are paid. Real estate tazes payable in 1969 on the property of which the captioned premises are a part in the amount of $1,031.87 are unpaid. This opinion is limited to the matters shown by said Abstract of Title and the 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 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. PFB /c Very truly yours, DORSEY, MARQUART, WINDHORST, WEST & HALLADAY By Philip F. Boelter