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HomeMy WebLinkAbout15071•r 4` J { C ri+ �r llJ yam! dl IT ID t UZ 0 0 1 �tl - G 4' S r m I iS80)IWI�STi FIFTIETH S REET EDINA, P ✓I _ ' F'7 .�.,', "r+ 'rte `,..1' , i p'ir � �- ESOL . UON VA4ATNF zEQ1QK T f)Fc ? 412- WOODBALE V It W, REAS, two weeks' p'ublis d, pos ed and � nbti6 e hearing to ;'held on June 21, 1971, at 00 p.mK da, the;p opose Are i. cation here inafter described has been iven and made n a hearing een held Cu thereon by the Vihlage Cou il: � u 1 +- �� y � ei � . , NOW, THEREFORE, BE IT RESO ED by the Village Council of &.1-Village of Edina, Hennepin County, Minnesota, that the following described portion Wooddale Avenue, all as platted and of record in the office of the Regis of Deeds in and for Hennepin County, Minnesota, be and is hereby vacated The Last 3 feet of Wood dale Avenue adjacent to the West line of `ff the following described property: Beginning at a point on the West line of the Northeast 1/4 of Section 30, Township 28, range 24, 150 feet South of the Northwest corner thereof; thence East and parallel with the North line of the Northeast 1/4, a distance of 33 feet to the point of beginning; thence East along said described line, a distance of "135 feet; thence South and parallel with the nest line thereof, a distance of 139.73 feet; thence Northwesterly 25 feet North of and parallel to the,center line of Garrison Lane a distance of 135.4 feet; thence North to point of beginning. ADOPTED this 21st day of June, 1971. 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 Vill of Edina, do hereby certify that the attached and foregoing resolution was duly adopted by the Edina Village Council at its regular meeting of June 21, 1971, and as recorded in the minutes of said regular meeting. WITNESS my hand and seal of said Village this 27th day of J Village C1e 'in a INNESOTA 5542 927 -8861 % 1 )e f. er NI 9 z v rrp- U) rcn), 0, C: ti Cl 03 21AZJ'71H� '10 -' ' :1-P lUl IS ei-iuL ri-Ol - SAI ffs-F, 4z. fl!:)V,i arf -f 0 a -I s:1 I n1. 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C: I k I'luo") 51-IS %tv I i J N2'Q I ff()- I — m Tmn aln, 14-1 F'l ':c o 9 S-; �.Jllv sn'i %T6 cl�i 01, 2 TX 0,TIM, 'lo fIOSJ1oC lei 3Cl.LsJuJil fdwollot ,fij :)F.jij r-iozerm i-m rij.q--)assV, c, rf b x5jc!-!D,qf orl:l ''o ba& +' 3:f:t'sf cl ar, 1'4� ow ibo�f,oz'v yds-. on Pi bfijE, !a6 au"t bfl-� fil C) ao if-moLO)z sulfsviN to :1--51 E --.-AT !Dl.j no :;Ilioa, s :tc -o Srlirl�g!DE Gr, c' ao fjffl-l' :jos`:, ;Ioo-Xsf.jJ U01TV00 :J20WFAYSOTVI : O rl:JLJO2 Je!J� Ul so ri F, 2 bi-,, :tarorl-i ; )fj'-j C, Qf- �':j OV�' -1* jflj C7 1 f f I 3-c) juloq od 't-to If:Jf.r,-Cs:q bru; ij:jucc� s.,)q.)rj J S Z l '�Uf lo �-"Ofjs:laijr F, i 9nl-1 oolloffj; F-C. QEJ ao k" aos--- Ssj-I 51,fil zta-vi eili c,:j bi-:z -,':o fj:j--zo� J 9S CS vll--T!L�jL,a +iI-r:i,�-i-ofI rloaluarD -1 tV as,;fr"" s-s d i jB i jo- 51 b J--,s a d o .-touT, 1:r) vpb Jfs (,L ET' I :)Iizj :j -s t; o d n,.z -,.,i o b , zri 1 b c o,y A'f -J-\' salB& riJ Vic, bsjqub.s sn':i ffi- be.-b-soo-qu P-r, briE, "MI-I '12 )rjfj"f, _CJ U,-i, 0 - - Lcp, C) C', Village of �E a� 'Ina 4801 WEST FIFTIETH STREET • EDINA, MINNESOTA 55424 927 -8861 WHMRWo the following described property to at present a singles tract, laaand $ Paaaroel MS Liam, 30o Township 29 Is%e 244 and WUPAU, the owner has requested the subdivision of said tract into Separate parcels (herein called "parcels") ) a scribed as follows: The We,et44y 67 -5 feet of Paaar"I $405, Station 300 Township 28s Range 24$ and Paareaall 805* Section 30* Township 2$j Unge 24, except the W"tsxly 67.S hot theraeof $ and W1;t8`U"o it b" be" d eteermimd, that co"liame with than Subdivision and Zoning gQgUlationS o' then 'i llf4e of XdJ" will Create, can Unns#" saxy b alydsh p and said parcels as separate traots of land do not intor« tore With this` purposes, of the Subdivision and Zmlvg Regulations as con. to ined; in the Villa* '-of gdins !Ordinance nos. Sll and Sol; , Taw=,, It to hereby resolved ty the V`illago council of the Vil' loge 04 Was that the conveyance and ownerabip of said Parcels saparito tracts of land is hereby approved and the requirements and pxv visions Of tvdinateae 1. Ut mW !Ordinance 110„ 1 are hereby waived to allow s*14 division and conveyance thereof *6 separate tracts of laalnd„ 1 arcs not vaaaived for any other 'puVpoas* or AS to 40Y other provision thex and subject,, however, to.tho provision that no further Subdivision be tau of said Parcels unless zwk in ezanaa IISM& with the pertinent ordi s Of the Village of I;dinA or with the prior approval of this Council *0 >aaw be provided for by those ordinances, eef feaeca;* April 20, 19710 unless 01 of before said date this resolution is mmulleed, amended or rescinded In the Edina Village Council. Al PPtu this Sth day of April* 1971. gf IT i880J.YZD by the fdi.tea Village Council that the effective date of April 0, 1971, established by resolution .of the 'Village COU0011 do, April 5 1971,, be hereby amended to become effective on Juno 8, 1971., unless on or before said date this resolution is azmuil+ed, a mended, o r reesai.mUd by the Hdi,na Village Council. ADMgp this 19th lorry of Aprils, 1971. IT RUMM 'tom tom, re, solution adopted by the Sdins Village Coil an 1 19, 1971, be a ssn"A to become effective on .lam 22, 1971, unless on or before that date this resolution is smutted, manned or rescinded by the Rd a Village mil. said resolution reiltting to the divivi.on of parcel 84 So .Sec. 30, T. 28,. S. Zak. this. 7th dam?'' of Jam, 1971. WROW, the Sdint Village ComMil hats, on April Sr 1971, approved the division of parcel #W5„2 "a,ti" 301, Ta ship 25,., e i and , "L4 resolution was tided on 1 39,. 19710 and again on Jute 70, 19 li. and W on J` fl„ 1971, the Sall" village mil voc ttaed that portion of lae Avenue described as follwax Tbe t 3 feat of Woodda le:. Avenue, adjacent t to the West line of the fa�lla titeg 4ssarlba4 propertyl miming at a :point on the West line of fho ' rtb*aetet 1/4 of lWat oR 30 .r TOMWhip .1;8, lea L24P 1W poet South of the Northwest eo rn er t1wraefg.,thawo loot and pore allel with the 36rth ' tin ee of the gooheaast 1/4, a di stanai of 33 fast to the point of beginatual thee nt : t along sai4 described lies, .at distance of 135 foot;. theme South amt parallel eeith the West 1100 thereof aef distance of -1 9.73 Wit; tJtes►eaee WortW estorl,y 2$ foot North, of end parallel to the tenter 11» of Oarrisa is a 4141tsaft of 135.4 foot; thence North to p+otut of begiva'ass RBa,. It RKSOVM that the division of Panel 84050 Section 30, hip f8, omegas 24 be refloated to include the portion of Vacated W004dael+es V rues so th$t the resultant Panel*, an divLds+d, will be described as tollowatz ► 'Ming at a point an the blast line of the Northeast quartet of Section 30$ Tomship 280 UW Z4, 1.50 :foot South of the Northwest corner therasof; tboace Rest. and parallel with the North linos of said Northeast Quarter ae distance of 98.E foot; them South and parallel with the West line of O*td. Northeast (barter r to the coutorlins of Garrison Una; thonc a Wort%mstorly a1 paid aexetesrl ns to the West UM of *414 Northeast carter; theaa Worth 151.6 foot, re or losso along said West line to tbe point of beginning. subject to a nt fur Wood le AxonAw over the Westerly 30 foot thereof, and amemnt for Garrison loom over tho Southerly 25 foot thereof, ME,� FI ay hand md 444a of said, villfte twx fifth of Jwws, 1911. September 7, 1972 Mrs. Florence Hallberg, Village Clerk Village of Edina 4801 West 50th Street Edina, Minnesota 55424 Re: 6209 Wooddale Avenue Dear Florence: There is enclosed a Quit Claim Deed from the Village of Edina to Charles E. Bankey and Janice A. Bankey for the Easterly 3' of Wooddale Avenue adjoining the property at 6209 Wooddale Avenue, a Resolution for adoption by the Council authorizing the execution delivery of this deed. This is pursuant to the request made by Mr. Bankey by his letter to the Village of August 18. This presumably go on for the Council meeting this coming Monday, September 11. If you have any questions, please advise. Very truly yours, Thomas S Erickson TSE /c Enclosures VIA MESSENGER ///g1 -3 DORSEY, MARQUART, WINDHORST, WEST & HALLADAY DONALD Y;E.ST THOMAS S, ERICKSON JAMES T HALVERSON ROBERT A. HEIBERG WALDO F HARO�JART WIL!.IAM C. BAPCOCK 2400 FIRST NATIONAL BANK BUILDING CHARLES J. HAUENST IN EMERY W. BARTLE JOHN W_IViN C HIJRST MICHAEL E. PRESS CHARLES A. LEER MICHAEL J. RADMER HENRY HAL.LADAY PAUL G. ZERSY MINNEAPOLIS, MINNESOTA 5 5 4 0 2 JOHN C. ZW'AKMAN CURTIS L STINE JULE M. HANNAFCRD RAYMOND A. PFISTER JOHN R -WICKS MICNAELTRUCANO ARTHUR B.l4H1Tl:c.Y JOHN J. TAYLOR EUGENE L.JOHNSON WILLIAM J. NEPPEL NUSSELL W. LII;DQUIST BERNARD G. HCINZEN (612) 333 -2151 JOHN W. W'IN"HORST, R- JAMES A. FLADER UA'JI:J R. Bfi iH WILLIAM J. HEMPEL MICHAEL PRICHARD WILLIAM A JOHNSTONE H.^.RA,L HITCH JOHN S. HIPB5 CABLE: DOROW WILLIAM R. SOTH WILLIAM E. BO'WEN. VIP.!L H. HILL ROBERT O_FLOTTEN THOMAS R.MANTHEY WILL IAM P. LUTHER ROc ERT V. TARI)OX JOHN O.I EVINE RICHARD G. SWANSON DOUGLAS D. M6ARLAND DEFO P'-ST SPENCE7 ROBERT J. STRUYK DAVID A.RANHEIM DAVID LBOEHNEN ROBERT J. JOHN�'JN MICHAEL A. OLSON 1468 W —FIRST NATIONAL BANK BUILDING ROBERT J_5QVERMAN ROBERT M.. HALVERSON M. D. HASSELCUIST LARRY W. ,JOHNSON ST. PAUL,MINNESOTA 55101 JAMES M.Y,LEBB. CRAIG L- WILLIAMS PETER DLtIll, THOMAS S. HAY (612 ) 227— 8017 WILLIAM R. HIBBS VINCENT S.WALKOWIAK GEORGE !? FLAN`iERY GAARRY GRiFFITH JOHN D.KIRSY CUi?T!5 l_R01 CRAIG A. BECK PHILIP F- BOELTER ARTHUR E BERG DAVID L. McCLISKEY WILLIAM B. PAYNE AUSTIN G.A.NDERSON DUANE E.JOS EPH THOMAS O.MGE JONATHAN VILLAGE CENTER BRUCE W- BURTON ADM.PARTNER FPEDERICK LLAN" JAMES H O'HAGAN CHASKA, MINNESOTA 55318 JAN O.STUURMANS JAMES B.VESti`:Y MICHAEL W.WRIGHT (612) 448 -4012 R.A.SCH'WARTZBAUER WILLIAM AN %HIT_OCK LARRY LVICKREY .'DAVID N_FRONEK OF COUNSEL E. J. SCHWARTZEAUER LOREN R_Y,":OTT THOMAS W. TINKHAM DAVID E. BRONSON THOMAS M. DROViN PHILLIP H. MAR IN JON F. TUTTLE LEAVITT R.BARKER CORNELIUS D- MAHONEY REESE C. JOH >;SOIJ - EARL LDEVINE GEORGE E.ANDERSON September 7, 1972 Mrs. Florence Hallberg, Village Clerk Village of Edina 4801 West 50th Street Edina, Minnesota 55424 Re: 6209 Wooddale Avenue Dear Florence: There is enclosed a Quit Claim Deed from the Village of Edina to Charles E. Bankey and Janice A. Bankey for the Easterly 3' of Wooddale Avenue adjoining the property at 6209 Wooddale Avenue, a Resolution for adoption by the Council authorizing the execution delivery of this deed. This is pursuant to the request made by Mr. Bankey by his letter to the Village of August 18. This presumably go on for the Council meeting this coming Monday, September 11. If you have any questions, please advise. Very truly yours, Thomas S Erickson TSE /c Enclosures VIA MESSENGER ///g1 -3 RESOLUTION WHEREAS, the Village Council of the Village of Edina as by Document No. 3899134, Office of the Register of Deeds, Hennepin Minnesota, has previously vacated a portion of Wooddale Avenue, in Village of Edina, described as follows: evidenced Co nty, The East 3 feet of the West 33 feet of the following descried tract of land: That part of the Northeast 1/4 of Section 30, Township 28 North, Range 24, West of the 4th Principal Meridian, de- scribed as follows: Beginning at a point on the West line of the Northeast 1/4 of Section 30, Township 28, Range 24, 150 feet South of the Northwest corner thereof; thence Easi and parallel with the North line of said Northeast 1/4 a distance of 98.5 feet; thence South and parallel with the West line of said Northeast 1/4 to the centerline of Garri; Lane; thence Northwesterly along said centerline to the WeE line of said Northeast 1/4; thence North 151.6 feet, more c less, along said West line to the point of beginning, accoi ing to the United States government Survey thereof and sits in Hennepin County, Minnesota; and to WHEREAS, the Village of Edina has now been requested to give a Quit Claim Deed to said 3 foot stip to further release any and all interest in and to said property; and WHEREAS, by virtue of the vacation above referred to, said 3 foot strip is no longer of any benefit or value to the Village of Edina. NOW, THEREFORE, IT IS HEREBY RESOLVED, that the Village of quit claim all of its right, title and interest in and to the 3 foot of land above described, and the Mayor and Clerk of the Village are t authorized and directed to execute and deliver a Quit Claim Deed cone all of the right, title and interest of the Village of Edina in and 1 3 foot strip of land to Charles E. Bankey and Janice A. Bankey, husb, wife, as joint tenants, being the present owners'of the property adjc said 3 foot strip on the East. stip ereby o said d and fining 13xit �lkx %? +1. Form No. 32— Nil. Millar -Davin Co., YsYlnne �ol[s, bLinn. srr:' :+r. t,:asr 3er 3iriz�C �enaa� �, a Minnesota Uniform Co »veyan (1911), Tyi5nbenture, ✓Vade th. is .. ............................... ............................day of..... ............................... 19...7 -., betzve,en..VILLAGE OF EDINA ........................................................................................................................ .......................... -.... .... ............................... ..................... a corporation under the laws of the State of ... Ki. nnesa. ta .................. ................................ party of the first art, and CHAPLES E. BANKEY and JANICE A. BANKEY, husband and wife, as ioint tenants ................................................................................ ....I.......................... ...... ...... ............. ............................................................................................................................................................................................................................ ............................... Henne in and State o .....Minnesota art s o the of the County of .........................P... n.............. ............................... f P f second part, W- itneOet%, That the said party of the first part, in consideration of the surn of...�.. e Dollar ................... and valuable consideration ------ - - - - -- - - - --° LTr7tS, ............................ •...................... ....................•.............•......... ............•.................. •................... J to it in hand paid by the said parties of the second part, the receipt whereof is hereby acknowledged, does hereby Grant, Bargain, Quit-clainz, and Convey unto the said parties of the second part as joint tenants and not, as tenants in, common, their assigns, the survivor of said parties, and the heirs and assi ns of the sumi,vor, Forever, all the tract......... or parcel ......... of land 1111ng and being in the County of- ..... ............................... Rem- Lepil L .................... ...........................a.nd State of 411nnesota, described as follows, to -wit: The East Three Feet (3') of the West Thirty -three (33') feet of the followin described tract of land: That part of the Northeast 1/4 of Section 30, Township 28 North, Range 24, Ld st of the 4th Principal Meridian, described as follows: Beginning at a point o the West line of the Northeast 1/4 of Section 30, Township 28, Range 24, 150 fee South of the Northwest corner thereof; thence East and parallel with the North lin of said Northeast 1/4 a distance of 98.5 feet; thence South and parallel with t e West line of said Northeast 1/4 to the centerline of Garrison Lane; thence N rth- westerly along said centerline to the West line of said Northeast 1/4; thenc North 151.6 feet, more or less, along said West line to the point of beginning, ac ording to the United States Government Survey thereof and situate in Hennepin Count , Minnesota. i ax statement for real property described in this instrument shall be sent to: Charles E. Bankey 6209 Wooddale Avenue (address) Edina, Minnesota 55424 (city) (state) THIS INSTRUMENT IS EXEMPT FROM STATE DEED TAX. Zo babe anb to 3bolb the dame, Together with all the hereditaments and appurtenance thereunto belonging or in anywise appertaining, to the said part .......................of the second part, their assis , the sur- vivor of said parties and the heirs and assigns of the survivor, Forever, the said parties of the second part taking as joint tenants and not as tenants in common. In Teotimonp Whereof, The said first party has c used these presents to be executed in its corporate name by its ...Ma or .................. pm&k&v�and its ... Villa&g ..Clerk ...............and its corpo ate seal to —0 be hereunto a ffCxed the day and year first above writte .- V1LJJA,GE...OF ... ED,INA ......................................... ............................... In Presence of .......... ............ - ................ .......................... .......... Its ..... M,4y.o�r................. Rn sid;mt Its .....Villa Clerk August 26$ 1972 Mr. Thomas S. Erickson 2400 First National Bank Bldg, Minneapolis, M 55402 Dear Tom Enclosed is a copy of a letter and title binder, :lrelative to prope y located at 6209 Wooddale kve, which should be referred to youO according to Kent Swanson. Please let we know if this is something that we need to take act on and who would pay for any costs incurred. Yours very truly, Village Clerk enclosures (2) ���� ��� J'�-� �,�.� - �� ��, _. ., t, sJ � ALTA'COMrAIT€AENT - X70 Rev. Application No. ___3A_4338 SCHEDULE A 1. Effective Date: June 19, 1972 at 7 A.M. 2. Policy or Policies to be issued: "ALTA" OWNER'S POLICY Form B -1970: $ Proposed Insured: "ALTA" LOAN POLICY 1970 Rev. $30,000.00 Proposed Insured: RICHFIELD BANK & TRUST CO. ISSN a TIIROUGIi THE OFFICE OF: HONE OFFICE 400 SFCOYJD AVENUE SOUTH MINNEAPOLIS, MINNE50TA 55401 3. The estate or interest in the land described or referred to in this Commitment and covered herein is a fee simple, and title thereto is at the effective date hereof vested in: CHARLES E. BANKEY AND JANICE A. BANKEY, husband and wife, as joint tenants. 4. The land referred to in this Commitment is described as_follow_ - - - -- - -- - - Thht part of the.-Northeast 114 of Section 30, Township 28 North, Range 24, West of the 4th Principal Meridian, described as follows: Beginning at a point on the lJest line of the Northeast 1/4 of Section 30, Township 28, Range 24, 150, feet South of the Northwest corner thereof; thence East and parallel with the North line of I said Northeast l/4 a distance of 98.5 feet; thence South and 1 parallel with the West line of said Northeast 1/4 to the centerline of Garrison Lane; thence Northwesterly along said centerline to the West.line of said Northeast 1/4; thence North 151.6 feet, more or less, alone; said West line to the point of beginning. according to the United States Government Survey thereof and J situate in Hennepin County, Minnesota. SCHEDULE S In addition to the Standard Exceptions and Conditions and Stipulations recited on the face of this Com- mitment and the Conditions and Stipulations and Exclusions from Coverage in the Company's usual form of policy, the land referred to is, as of the effective date hereof, subject to the following: 1. Special assessments and special taxes, if any. 2. Taxes for 1972 in the amount of $526.38 not paid and penalty. (Plat 73830, Parcel 8402, Edina 24.) 3. Notice of'tax lien vs James R. Hansen, 2701 E. 47th St., dated November 3, 1969, filed November 10, 1969, as Document No. 3803649, in the amount of $595.05. Judgment vs James Hanson, Rt. 1, Paynesville, dated December 28, 1970, docketed December 28, 1970, Case No. 672690, in the amount of $462.00, favor of Home Farmers Mutual Insurance Association. Do these involve James R. Hanson one of the grantees in deed recorded August 19, 1971, as Document No. 3901602? 4. Inspection discloses the need for a survey showing the location of improvements on prem4ses. 5. Easement for public street over the Southerly 25 feet of premises granted the Village of Edina in Document too. 2797068. 6. Exception of the West 33 feet of premises conveyed to the Village of Edina by deed recorded February 4, 1953, as Document No. 2797070. 7. Resolution of the Village Council of the Village of Edina, a certified copy of which is recorded as Document No. 3899134, the East 3 feet of 4Jooddale Avenue adio -ininq premises is vacated. Because Deed Document No. 2797070 is an absolute conveyance rather than conveyance of an r � (See Page -3.) a TIM Farm '_63 9:71 AMERICAN LAND TITLE ASSOCIATION COM11011TAENT - 1970 Rev. ITLE INSURANCE '0101PANY OF MINNESOTA I up* a Stock Company of Minneapolis, Minnesota TITLE; INSURANCE COMPANY OF MINNESOTA, a Minnesota corporation, herein called the Company, for a valuable consideration, herebv commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the pprotilosed Insured named iu Seheclule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipula- tions hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy, or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. CONDITIONS AND STIPULATIONS 1. The term "mortgage ", when used herein, shall include deed of trust, trust deed, or other security in- strument. 2. If the proposed Insured has or acquires actual knowledge of anv defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure of the proposed Insured to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included rider the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability, is subject to the insuring provisions and the Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies com- mitted for in favor of the proposed Insured which are hereby incorporated by reference and made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. STANDARD EXCEPTIONS In addition to the matters contained in the Conditions and Stipulations and Exclusions from Coverage above referred to, this Commitment is also subject to the following: A. Facts which would be disclosed by a comprehensive survey of the premises herein described. , B. Rights and claims of parties in possession. C. Mechanics', Contractors' or Materialmen's liens and lien claims, if any, where no notice thereof appears of record. A. Any change in title occurring subsequent to the effective date of this Commitment and prior to the date of issuance of the TITLE POLICY. IN WITNESS WHEREOF, Title Insurance Company of Minnesota has caused its corporate nalne and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A, to be valid when countersigned by a validating officer or other authorized signatory. TITLE INSURANCE COMPANY OR MINNESOTA President C�miltur,itpwJ: TIAI Form °2263.'971 AMERICAN LAND TITLE ASSOCIATION COM11011TAENT - 1970 Rev. I C ITLE i SURANCE ORMPANY OF �jJINNESOTA a Stock Company of Minneapolis, Minnesota TITLE; INSURANCE COMPANY OF MINNESOTA, a Minnesota corporation, herein called the Company, for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipula- tions hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. CONDITIONS AND STIPULATIONS 1. The term "mortgage ", when used herein, shall include deed of trust, trust deed, or other security in- strument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability, for any loss or damage resulting from any act of reliance hereon to the extent the Company, is prejudiced by failure of the proposed Insured to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of Volicy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies com- mitted for in favor of the proposed Insured which are hereby incorporated by reference and made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. STANDARD EXCEPTIONS In addition to the matters contained in the Conditions and Stipulations and Exclusions from Coverage above referred to, this Commitment is also subject to the following: A. Facts which would be disclosed by a comprehensive survey of the premises herein described. B. Rights and claims of parties in possession. C. Mechanics', Contractors' or Materiahnen's liens and lien claims, if any, where no notice thereof appears of record. D. Any chauge in title occurring subsequent to the effective date of this Commitment and prior to the date or issuance of the TITLE POLICY. IN WITNESS WHEREOF, Title Insurance Company of Minnesota has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A, to be valid when countersigned by a validating officer or other authorized signatory. Cuuul cr+it�uri l: TITLE INSURANCE COMPANY OF MINNESOTA President e S_..,.'arc a• • � � Page 3. easement a Quit Claim Deed to said 3 foot strip is also requi the Village of Edina. Said deed must be authorizdd by resolu the Village council, a certified copy of which resolution sho recorded. 8. Title of pertel Construction Co., Inc. to be established. V ed from ion of Id be NOTE: If there are any questions concerning the exceptions un er Schedule D of this binder please call Mr. Norm Johnson. IV