HomeMy WebLinkAbout1454TSE:mj 1.2 r2 /70
AGREEMENT
Ie, LuAV
�'P,d
THIS AGREEMENT, made and entered into as of this 10th day of
November, 1970, by and between WARREN S. CARLSON and JANE M. CARLSON, hus-
band and wife, (hereinafter together called "Carlsons ") and the VILLAGE OF
EDINA, (hereinafter called "Edina "),
WITNESSETH, THAT:
WHEREAS, Carlsons claim to be the fee owners of certain property
situated in the Village of Edina, County of Hennepin, State of Minnesota,
described as follows, to -wit:
Lot 13, Block 11, "Normandale ", according to the recorded plat
thereof, Hennepin County, Minnesota,
(hereinafter called the "Subject Property "); and
WHEREAS, the interest, if any, of Carlsons in the Subject Property
is based upon a tax sale of the Subject Property evidenced by a State Assign-
ment Certificate dated March 19, 1969 and filed September 29, 1969 in Book
69, Hennepin County Records, page 3796849; and
WHEREAS, the title of Carlsons to the Subject Property, being
based upon a tax forfeiture, is not marketable and the correction of the
defects in the title will be very expensive and difficult; and
WHEREAS, Edina has entered into a Purchase Agreement with Carlsons
dated July 28, 1970 for the acquisition by Edina of the Subject Property,
which agreement calls for the delivery of a quit claim deed and also for
the title to be made marketable, and due to the difficulties and prohibi-
tive expense which will be involved in trying to make said title market-
able, Edina is willing to accept title to the Subject Property in its pre-
sent condition if it also receives the undertaking of the Carlsons as below
set out.
NOW, THEREFORE, for and in consideration of the purchase by Edina
of the Subject Property pursuant to said Purchase Agreement dated July 28,
1970, and for other good and valuable consideration, the receipt and suffi-
I
ciency of which is hereby acknowledged by the Carlsons, it is hereby mutually
agreed as follows:
1. Carlsons do hereby jointly and severally agree to hold Edina
harmless from and indemnify it against any loss, cost, damage or expense,
including attorneys' fees, arising out of or due to any claims made against
Edina or the Subject Property by any person, which claim is based upon or
arises out of the fact that title of Carlsons and Edina in and to the
Subject Property is derived from said State Assignment Certificate, not
to exceed, however, in the aggregate, the sum of $3,900.00.
2. The obligation and liability of Carlsons pursuant to para-
graph 1 hereof shall ,cease and terminate upon the earlier of the following
two dates:
a. September 30, 1984;
b. The date upon which Edina initiates, without any demand
first being made upon it by any person for a reconveyance
or surrender of all or any interest in all or any part of
the Subject Property, which demand is based upon the fact
that the title of Carlsons and Edina in and to the Subject
Property is derived from said State Assignment Certificate,
an action in the District Court of the State of Minnesota
to determine ownership of the Subject Property or to remove
the cloud on the title to the Subject Property created by said
State Assignment Certificate, including, but not limited to,
proceedings in eminent domain.
However, any such action or proceeding initiated by Edina after any such
demand is made upon it, or any action initiated by any other party to
determine ownership of the Subject Property, shall not release Carlsons
from their obligations hereunder, but Carlsons shall pay any amount re-
quired to be paid by Edina pursuant to any such action to remove the cloud
on the title to the Subject Property created by said State Assignment Cer-
tificate or to determine ownership of the Subject Property, including any
-2-
award in eminent domain proceedings, and also including any costs, including
attorneys' fees, incurred by Edina in connection with any such action or
proceeding, not to exceed, however, in the aggregate, $3,900.00, as set out
in paragraph 1 hereof.
3. This agreement shall be binding upon and inure to the bene-
fit of the parties hereto and their respective heirs, representatives,
successors and assigns.
This instrument is exempt from State Deed Tax.
IN WITNESS WHEREOF, the parties hereto have caused this instru-
ment to be duly executed as of the day and year first above ritt
In Presence of:
7
Warren S. Carlson
Jan . Carlson
STATE OF MINNESOTA)
) SS.
COUNTY OF HENNEPIN)
VILLAGE OF INA
By
is
And
Its
On this day of 1976, before me, a Notary
Public within and for said County, personally appeared WARREN S. CARLSON
and JANE M. CARLSON, husband and wife, to me known to be the persons des-
cribed in and who executed the foregoing instrument and acknowledged that
they executed the same as their free act and deed.
� _., � � � iJ73
My
-3-
STATE OF MINNESOTA)
) SS.
COUNTY OF HENNEPIN) �' z°ti
On this ''day of , 1970, before me, a Notar Pub-
lic w'Oin and for ai ounty, personally appeared ,v C� IW
and to me personally known, Kho, being each W me
du Vy,/swgrn did say that ey are respectively the and the
',�,g✓ of the VILLAGE OF EDINA, the corporation naAed in the fore-
going instrument, and that the seal affixed to said instrument is the cor-
porate seal of said corporation, and that said instrument was signed and
sealed in behalf of said MCorp ration by aut ity of,�t V lage Council
and said ��, �) and `,,�°i.�Gxl� /�.. �j �, (/ acknowledged
said instrument to be the ree act and dee of said corpor-*ion.
r _ Notary F :�Gii:,;, Her ;,epin :; unty, Minn.
Ti .5 L'.i +rJ l .?f Vv C ! tt< ir.'/
I- y My CommissioN Expires Juiy 2o, 1973.
i aka c3
Dorsey, P =`: CiI,F,it �.Y �� J v —7 &
�:.: ;,
PYiir�neap:a�s, PViif1�.:...J:i3 J,.ti02
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Quit Claim Deed.
Individual to Corporation.
Form 1�1 O. 28-M. Minnesota Co., Minneapolis, Minn.
Minnesota Uniform Conveyancing Blanks (1931).
TC ie Nbenture .fade this ..........:.. X562754
.............10.th........y of... ..... November ......
......................... 19..��....,
between......... Warr en... S...... C. ar. ls. o. a. ..d.o.iug...bu,s1nes.s....as... Warren...IuvesitR P,.n.t ..Company,.,... also.. known.....
as Warren Inv. Co.
of the County of ..................... Hennepin ...................................... and State of ........... Minnesota
........................ ..............................,
part..Y........ of the first part, and ....................... V111age....o.f ... Edina:, .... a.. n? xiclp. a; l....................................................................
.................. . ................................. ....................................................... . ....... .. ....................... .... ........... ....................... .............................. ......... ................................. I
txcorporation under the laws of the State of ............ Minnesota ................ ........................., party of the second part,
wttnezzetb, That the said part .... y...... of the first part, in consideration of the sum of
.Q.he ... ollar....( . L A).,_,an4._,other.,,good...and.. valuable... considera tion ..................... .......... I.............
to .......him ......... .........i:n hand paid by the said party of the second part, the receipt whereof is
hereby acknowledged, does....... hereby Grant, Bargain, Quitclaim, 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 ................ ennepin ............................................ and State of Minnesota, described as follows, to -wit:
Lot 13, Block 11, "Normandale", according to the recorded plat thereof,
Hennepin County, Minnesota, together with any and all accretions thereto.
/2- :2./ -7d .
STATE O }F >;wE'' DEPT. OF
Z ! la : +�XrO► ION= i
Zo DEED
5.5 0
0
TAY,
To Jbabe anb to lbotb the *alne, Together with all the hereditarnents and appurtenances there-
unto belonging or in anywise appertaining, to the sahl party of the second part, its successors and assigns,
Forever.
State Deed Tax Due Hereon $5.50
3n Teotimonp Nbereof, The said part ... T.
ha7ml...... the day and year first above written.
In presence of
.vim.:::...::..:°.:......... ..........................
of the first part ha... S...... hereunto set......., his
.......,. /`..
....................................... ...............................
a en S. C rl`son doing busi ess as
_.Warren...Investment Company, also known
..............
as Warren Inv. Co.
Mate of Affineootat
SS.
County of ......... Iitr nne p. n ............. ...............................
u
Onthis.... ......................... ...... ......... ---- ........ ...daz o f ................. h.......... .... ...................... 19...7.0... before ore 7ne a
....... No. t. ar.. y.--F.. Ub1. ic...... ......................................................... ............... with.in and for said County, Personally appeared
Warren S. Carlson doing business as Warren Investment Company, also known
as Warren Inv. Co.
to nae known to be the par son ........................... ............. -described in, and who executed the foregoinb' instrument,
.................................................................. ............................... ............................and acknowled_ded that ._... he...... executed the
(See Note)
sc1,717,e as .... .......... s ............. free act and deed. ........................................ ...........
(See Not )
THIS INSTRUMENT WAS DRAFTED BY ......... " """" ........................... ' "' �.... 1
3 � t
(Name) ✓hotary Public .... .............................VV G'burit �IliLn
Notary pu. � Y
(Address) 110 'Om
Oly C0777,77assion exp7'M......?��S.4Qa.E t�
Note: The blank lines marked "See Note" are for use when the instrument is executed by an attorney �fis
This instrument Wa-S drafted by
Dorsey, Margryuart, 1"! ; ^r��u "s3, Wiest & Halladay
2400 1st Natic i,i P ,A Bid9.
Minneapolis, Minnesota 55402
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Quit Claim Deed.
Individual to Corporation.
Form No. 28- Miller -Davis Co., Minneapolis, Minn,
Minnesota Uniform Conveyancing Blanks (1931).
Tbi!g Jnbenture, .Made this .............................. 10th ... day of ........ Noyember................................ 1919....,
between. ........... Warren S. Carlson and Jane M. Carlson, husband and wife,
of the County of ............ Renaepin ................... ............................and State of............. Minnesota................ ...............................
....,
part.Aes. of the first part, and ..................�1.7L. iag.a...4.f....Ed na,...a... municipal......................................... ...............................
............................................................................................................................................................................................................................. ..............................,
a corporation under the laws of the State of ......... Mi unes.a.t..a .................... ........................., party of the second part,
witneatib, That the said part .... ies of the first part, in consideration of the sum of
P ne ... DQ11 ar .... O. L.00 .... and ... other ... gQ.Q.d... and ... valuab.le ... conaidet a tiq n ............... ............................. Immuin,
to ........... them ....... .............................in hand paid by the said party of the second part, the receipt whereof is
hereby acknowledged, do............ hereby Grant, Bargain, Quitclaim, 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 ............... Wennepin................ ............................and State of Minnesota, described as follows, to -wit:
Lot 13, Block 11, "Normandale ", according to the recorded plat thereof,
Hennepin County, Minnesota, together with any and all accretions thereto.
-- STATE OF ;:iai • DEPT. OF
Wo N DEE y •�o D 4.4 0
STAMP —
o TAX- �•�""" .8.105 - -^
To 3babe anb to 3botb the wane, Together with all the hereditarnents and appurtenances there-
unto belonging or in anywise appertainins, to the said party of the second part, its successors and assigns,
Forever.
State Deed Tax Due Hereon $4.40
31n Tefstimonp Rbemf, The said part. es. of the first part ha ... ye... hereunto set......... their
hauls.... the day and year first above written.
In presence of
-t-�-04 ... ........ ...... ..............
Warren S. Carlso
...................... ...............................
Jan. Carlson
................................ ...............................
�.��..v
6tate of f inneota,
ss.
Cottnty of ............... H. en. 11 Pp.i n ......................................
.
On this ......................... .... ............................day of. 19...7.0...., be ore nce, a
..... No. taffy. ... Pubsi ce .................... ............................... ........................within and foz said County, personally appeared,
Warren S. Carlson and Jane M. Carlson, husband and wife,
to me known to be the person.s ................. .....................described in, 'and who executed the forejoin_s instrument,
............ ....................................................................._...._................. ...........................a.nd acknowledfed, that. .... the.y.. exeeatted the
(See Note)
sarn,e as ......their ..............free act and deed............................................................ ...............................
(See Note)
THIS INSTRUMENT WAS DRAFTED BY ..... ... `
o - .
(Name) Notary Publi, ........ by A_.FO,'C3Rl.y.......... lantys.��iztt�
�otary
(Address) C �Li f r
�,ll y comznissioMty expnii'es
Note: The blank lines marked "See Note" are for use when the instrument is executed by an attorney in lavty' c
This Instrurre:^t was dr. sted by
Dorsey, MargLa; t, -'a n s i, W,-7 -st & Halladay
240, 1st !v.�i:c, .E `,. !3,idg.
Minneapolis, i9i ; c o'a 55402
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TSE:mj 12/2/70
AGREEMENT
�e
THIS AGREEMENT, made and entered into as of this 10th day of
November, 1970, by and between WARREN S. CARLSON and JANE M. CARLSON, hus-
band and wife, (hereinafter together called "Carlsons ") and the VILLAGE OF
EDINA, (hereinafter called "Edina "),
WITNESSETH, THAT:
WHEREAS, Carlsons claim to be the fee owners of certain property
situated in the Village of Edina, County of Hennepin, State of Minnesota,
described as follows, to -wit:
Lot 13, Block 11, "Normandale ", according to the recorded plat
thereof, Hennepin County, Minnesota,
(hereinafter called the "Subject Property "); and
WHEREAS, the interest, if any, of Carlsons in the Subject Property
is based upon a tax sale of the Subject Property evidenced by a State Assign-
ment Certificate dated March 19, 1969 and filed September 29, 1969 in Book
69, Hennepin County Records, page 3796849; and
WHEREAS, the title of Carlsons to the Subject Property, being
based upon a tax forfeiture, is not marketable and the correction of the
defects in the title will be very expensive and difficult and
WHEREAS, Edina has entered into a Purchase Agreement with Carlsons
dated July 28, 1970 for the acquisition by Edina of the Subject Property,
which agreement calls for the delivery of a quit claim deed and also for
the title to be made marketable, and due to the difficulties and prohibi-
tive expense which will be involved in trying to make said title market-
able, Edina is willing to accept title to the Subject Property in its pre-
sent condition if it also receives the undertaking of the'Carlsons as below
set out.
NOW, THEREFORE, for and in consideration of the purchase by Edina
of the Subject Property pursuant to said Purchase Agreement dated July 28,
1970, and for other good and valuable consideration, the receipt and suffi-
ciency of which is hereby acknowledged by the Carlsons, it is hereby mutually
agreed as follows:
1. Carlsons do hereby jointly and severally agree to hold Edina
harmless from and indemnify it against any loss, cost, damage or expense,
including attorneys' fees, arising out of or due to any claims made against
Edina or the Subject Property by any person, which claim is based upon or
arises out of the fact that title of Carlsons and Edina in and to the
Subject Property is derived from said State Assignment Certificate, not
to exceed, however, in the aggregate, the sum of $3,900.00.
2. The obligation and liability of Carlsons pursuant to para-
graph 1 hereof shall cease and terminate upon the earlier of the following
two dates:
a. September 30, 1984;
b. The date upon which Edina initiates, without any demand
first being made upon it by any person for a reconveyance
or surrender of all or any interest in all or any part of
the Subject Property, which demand is based upon the fact
that the title of Carlsons and Edina in and to the Subject
Property is derived from said State Assignment Certificate,
an action in the District Court of the State of Minnesota
to determine ownership of the Subject Property or to remove
the cloud on the title to the Subject Property created by said
State Assignment Certificate, including, but not limited to,
proceedings in eminent domain.
However, any such action or proceeding initiated by Edina after any such
demand is made upon it, or any action initiated by any other party to
determine ownership of the Subject Property, shall not release Carlsons
from their obligations hereunder, but Carlsons shall pay any amount re-
quired to be paid by Edina pursuant to any such action to remove the cloud
on the title to the Subject Property created by said State Assignment Cer-
tificate or to determine ownership of the Subject Property, including any
-2-
award in eminent domain proceedings, and also including any costs, including
attorneys' fees, incurred by Edina in connection with any such action or
proceeding, not to exceed, however, in the aggregate, $3,900.00, as set out
in paragraph 1 hereof.
3. This agreement shall be binding upon and inure to the bene-
fit of the parties hereto and their respective heirs, representatives,
successors and assigns.
This instrument is exempt from State Deed Tax.
IN WITNESS WHEREOF, the parties hereto have caused this instru-
ment to be duly executed as of the day and year first above written.
IA1 Presence of :
W rren S. Carlson
Ja a M. Carlson
VILLAGE OF DINA
By
s
And
Its
.r-
STATE OF MINNESOTA)
) SS.
COUNTY OF HENNEPIN)
��� I
On this � day of .Y�c.e.� -ti , 1970, before me, a Notary
Public within and for said County, personally appeared WARREN S. CARLSON
and JANE M. CARLSON, husband and wife, to me known to be the persons des-
cribed in and who executed the foregoing instrument and acknowledged that
they executed the same as their free act and deed.
My
-3-
Ik
STATE OF MINNESOTA)
) SS.
COUNTY OF HENNEPIN)
On this day of , 1970, before me, a Notary Pub-
lic within and for said County, personally appeared
and to me personally known, who, being each by me
duly sworn did say that they are respectively the and the
of the VILLAGE OF EDINA, the corporation named in the fore-
going instrument, and that the seal affixed to said instrument is the cor-
porate seal of said corporation, and that said instrument was signed and
sealed in behalf of said corporation by authority of its Village Council
and said and acknowledged
said instrument to be the free act and deed of said corporation.
TF15 '\'4•
sr CA Fialiada
Dorsey, ;,�_: qu &it, v"; .�,'� y
f
c,n•
NGrmea- pcfis, fVlllll J[n 5'402
-4-
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