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Home My WebLink About15139021]0 CERTIFIED COPY OF F. R. Wahistrolkt Acting Registrar of Titles 11111 uuwm I • REGISTRAR OF TITLES HENNEPIN COUNTY, MINNESOTA Form RT 32 WARRANTY' DEED C)", , -11 A, aa THIS INDENTURE, Made this day, 1968, between DAYTON;DEVELOPMENT COMPANY', a corporation under the laws of the State of Minnesota, party of the first part, and SOUTHDALE INVESTMENT COMPANY, . a co-partnership under the laws of the State of Minnesota, consisting of William B. Stromme, Ro ert M. Wagner, and Thomas C. Carrier, partners, party of the sec nd part, WITNESSETH, That the said party of the first part, in consideration of the sum of.One Dollar and other good and va uable consideration to it in hand paid by the said party of the se and part, the receipt whereof is hereby acknowledged, does hereb Grant, Bargain, Sell, and Convey unto the said party of the second part, its,successors and assigns, Forever, all the tr cts or parcels of land lying and being in the County of Hennepin and State of Minnesota, described as follows, to-wit: The North 157.39 feet, as measured along the East and West lines thereof, of Lot 3, Block 4, SOUTHDA'E ACRES, files of the Registrar of Titles, County of Hennepin, ,State of Minnesota, subject to the following: A. Building and zonin.g laws, ordinances, State and Federal regulations. B. Utility. easements of record. C. Easement for the right- of way of Drew Avenue S i over the West 20 feet of the above described land i r' the easement for the right of way of West 65th Strei over the North 30 feet of the above described land. 'The said party of the second part by its receipt an acceptance of this*conveyance agrees and acknowledges that it takes title to the above described land subject to the follow restrictions relating to use and improvement: II ill. The.se!cond'party may not erect a building on sa premises until the first party has issued its written ap of final exterior design and plan of any such building a, th d ng Ld :)roval id J X7iJ PAID ; i?D TRA L i �EPU Y P TAXES PAYAZLE IN 19-LY _ - _ ON MTHU-1 DESCRi3E0 PRO ?E?iY ARE PAID. _ CCiti_?1TIONAL RECEIPT _ - ISSUED• - - - _ __ - - _- - - -_ _ _ _ • - - _ C UNTY�TREAS. r , 1j improvements. The first party shall.have fifteen (15) d ys after�rec:eipt of such plans from the .second party for re iew. Such approval by the first party shall not unreasonably e wi,thheld,`however, the.second party will use underground utility service wherever possible. 2. The second party shall maintain the exterior of the buildings and the grounds at the same condition as is th n being maintained at Southdale Center; and, in case of th second party's failure to perform such maintenance withi thirty (30). days after written notice from the first party, the latter may enter upon the premises and perform such main - tenance, whereupon all expenses properly incurred by the first party in performing the work shall be paid upon the firs party's demand. 3. The ';second party may not erect any outside sign, window sign, 'window covering, parking lot lighting, outside display, pennants, or banners upon said premises without the prior written consent of the first party, which approval, however, the..first party will not unreasonably withhold. Moving signs,; flashing lights, outside incinerators, radios, or other devices that can be heard outside the premises will not be permitted. 4. The second party shall not make alterations to the exterior ,of' the building or additions outward or upward to the buildings located on the premises, unless at least thirty. (30) days before construction be commenced, the first party will have issued its written approval of the design and exterior plans of such alterations or additions, which approval, ,however, the,, first party will "not unreasonably withhold. The first party shall have fifteen (15) days after receipt of plans for alterations of exterior from the second party for review. 5. These foregoing restrictions shall continue fo a p Y period of 30 ears from,the date hereof and shall be bi ding upon the second party, its successors or assigns, as ow ers of the described premises and inure to the benefit of ,t e first party, its successors, or assigns and may be enfo ced . by appropriate legal remedies. TO. HAVEAND TO HOLD .THE SAME, Together with all the here - Iditaments and appurtenances thereunto belonging, or in anywise appertaining,' to the said party of the second part, its successors ,and assigns, Forever. And the said Dayton Development Company, party of the first part, for itself and its successors, does ,covenant kith the said parties of the second part, its successors and assign's, that it is well seized in fee of the lands and re- mises aforesaid, and has good right to sell and convey the s me ' in manner and form aforesaid, and that the same are free from all incumkrances,,except as hereinbefore mentioned and the lien of all unpaid special assessments and interest thereon. And th above bargained and granted lands and premises, in the quiet an 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, I ! ' if any, hereinbefore mentioned, the said party of the first pa t will Warrant and Defend. IN TESTIMONY WHEREOF, The said first party has cause these presents t be executed in its corporate name by its jt orate seal to be hereunto , and its and its corporate �� P affixed the,day and year first above written. State' Deed Tax due hereon $;;, „_;: <. ,I �n Presenc of : DAYTON DEVELOPMENT COMPANY c _- Its' And Its ' PFl��eMT \ ip al Ashy Po f i .off, .*♦ ♦°7 (Corporate Seal) l STATE OF MINNESOTA) COUNTY OF HENNEPIN)' �j i I __. On this' day of % r -� _, 1968, before e, a Notary Public within and for said County personally appeare �2 and Y (T ..�� i , o me personally known, who, `eing ea qI,,V by me duly sworn(,Oid say th t the ` are r�spectiveyl� the .�ei'{ �> , 7 and th of the corporation named in the fo e- goi.ng instrument, and that the seal affixed to said instrumen is the corporate seal of said corporation, and that said instrum nt was signed and sealed in behalf of sai corpo.Fati by author ty of- I3oara oL Directo s and said and (. ) ,, '�� acknowledged said instrument �to be free act and d/ ed of said corporation. / ....P T=`X DEED TAB DEED!TAX I `S DEED Notary Public �. 11 Hennopin County. MinrL 0 Ex Pira3 Aug. 8. 1060. a.. 5 `S DEED �. 11 0 .....'.A'.....�.�` ...- a.. 5 -3- di J.FyR�S��r�•''• .1 btatt of ,r}linnt to OFFICE OF COUNTY OF HENNEPIN Ss Registrar of Titles F. R. Wahl rma Actin8 I, - - 7 44— 'gh, Registrar of Titles, within and for said County of Hennepin and State of Minnesota, do hereby certify that I have carefully compared the above and foregoing copy of. WarrannU Deed with the original thereof as filed in my office, as Document No. 902M and that the same is a true and correct photo -copy of the same, and of the whole thereof, and I do further certify that I am the officer in whose custody said original is required by law to be kept. In witness Whereof I have hereunto set my hand and official seal this 19th day of Six. A.D. 19 71 tray of Titles, Co my of Hennepin, State of Minnesota By Deputy Registrar of Titles 888466 CERTIFIED COPY OF . t F� R. Aahlstroat Acting Registrar of Titles zrnVQ x REGISTRAR OF TITLES HENNEPIN COUNTY, MINNESOTA Form RT 32 Matt of :01innt ota ss. COUNTY OF HENNEPIN OFFICE Registrar ;f Titles F, R. Wahletromp Acting I, IT 131, M, Registrar of Titles, within and for said County of Hennepin and tate of Minnesota, do hereby certify that I have carefully compared the above and foregoi g copy Option to Repurchase and of. Right of First Refusal with the original thereof as filed in m office, as Document No. 898456 and that the same is a true and correct photo -copy of t e same, and of the whole thereof, and I do further certify that I am the officer in whose cust dy said original is required by law to be kept. In witness Whereof I have hereunto set my hand and official seal this day of Julz A.D. 19 M (� Regotrar of Titles, ounty of Hennepin, State of Minnesota B Deputy Registrar Of Titles WHEREAS, contemporaneously herewith DAYTON DEVEL PMENT COMPANY,,.a'Minnesota corporation, (hereinafter sometimes called "Dayton "), has sold and conveyed by warranty deed to PAUL LARSON OB GYN BUILDING CO., a co- partnership under the laws of Mi nesota,. consisting of Paul N. Larson, Morris S. Rothnem, Gunard A. Nelson, John W. Aughenbaugh, and Paul A. Jensen, partners, (hereinafter sometimes called "Larson "), the following described land situated in Hennepin County, Minnesota: All of Lot 3, Block 4, SOUTHDALE ACRES, files of the Registrar of Titles, County of Hennepin, State o Minnesota except the North 157.39 feet thereof a measured along the East and West lines thereof .a d except that part thereof lying South of the East rly extension of the North line of Lot 2, said Block 4. NOW THEREFORE, in further consideration of said sale and deed and pursuant to,the terms of the purchase agreement between parties,',,Larson, for itself, its successors, and assigns, hereby grants to Dayton, its successors or assigns, the following repurchase option and right of first refusal with respect to the abOVE described land. (1) In the event Larson shall not have entered into a firm, bona fide contract within two years from the date hereof, with a reputable builder for the construction of an OB -GYN clinic building upon the above - described; then Dayton may at its option repurchase all of the above described land for the um of $82,962. 0. Dayton shall exercise said option to repurchase by j giving w�'itten notice thereof to Larson within 30,days of he ex- i 'I pirationlof said two year period. Said written notice is -o be i. �L' r{ sent by certified or registered mail, post prepaid, to Larson's last known registered office address in the State of Minnesota. In the eventof such repurchase, Larson shall pay tie, taxes special assessments on said above described land payable in year 1969 and delinquencies, if any, and Dayton shall pay the taxesland special assessments due in the year 1970 and thereafter, and Larson shall convey to Dayton within 30 days by limited warranty deed�the above described land free and clear.of any liens or encumbranc s placed or suffered thereon by it, except the lien of unpaid installments of special assessments not then due and payable a d mortgages. (2) If Larson receives a good faith offer for the purchase of the above described land, and the improvements the eon, within 30 years next following, which Larson desires to accept, Dayton shall have the right and option to purchase the above described lands and the improvements thereon at the same price and on the same conditions as has been offered. The foregoing right and option to be exercised not later than 15 days after Daytons receipt of written notice of the offer. If Dayton falls to exercise such right within said above described land and in such offer and Daytons sha the termination of such right the right -of first refusal of such person 'does not purchase the 15 day period, Larson may s 11 improvements upon the terms spe ified Ll execute a quit claim deed evi encing if requested to do so by Larson but Dayton shall remain in effect i said above described land and i prove- ments upon the terms as specified in such offer. This right f first refusal shall not apply to any transfer by Larson to any enti y owned or controlled by persons who are from time to time owners or mployees of the Paul Larson OB -GYN Clinic, P.A., a Minnesota Professio al Corporation lor to any sale and immediate lease back to Larson or i any such entity, but this right shall apply to any subsequen sale by such purghaser made within 30 years from the date hereof. i i _2- ii (3)' In the event at any time the right to exerci e the repurchase option herein granted and the right of first ref sal herein granted shall both be available to Dayton, it shall e entitled to exercise that right which it determines torbe m st favorable to it. (4) The rights granted to Dayton-hereunder are s b- ordinate to the mortgagee's interest of any party who may b come a mortgagee of the above described land or any-part thereof. (5) The terms "Dayton" and "Larson" shall be deened to include the respective successors,,and assigns of either. IN WITNESS WHEREOF, Paul Larson OB GYN Building Co, has caused these presents to be executed this �%:-4'day of : ��,z ,f L c tr < -L' , 196-7 by its partners designated below. i In Presence of:/� PAUL LARSON OB GYN BUIL ING CO. B ., Lar ner c�r�,�yz.�r.� s��,�..,.a,,c�:..�......✓ � P a r t n e STATE OF MINNESOTA ) )SS. COUNTY OF HENNEPIN ) On this 2 -.z day of ;'.�.c "�.1.4�:/ , 19 /7 , bef re me, a No Public within and for said County, personally app ared and �� ='C�• c �� - -�✓ to m personally known, who, being each by me duly sworn l did say ''that they are each partners of the co- partnership amed in the foregoing i that and that said instrument was si ed and g .g g sealed in behalf of said co- partnership by authority of its Articles is of Part ership and said an �i' -3- i G ' i i acknowledged said instrument to be the free a t and deed of said co- partnership. J- I �J. cat °. �✓,��e� Notary Public ;t/.;L;, J . County, A0, 0, My Commission expires 19 aq ( i —4- s 0 tit 1230 D"',NK