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HomeMy WebLinkAbout1555r THOMSON AND LOVETT ATTORNEYS AT LAW 76613 NORTHWESTERN BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 339 -4567 WILLIAM M.THOMSON THOMAS G. LOVETT, JR. September 20, 1967 JAMES L. WAHLFORS (J JAMES J. MO RAN, JR. The Village of Edina 4801 West 50 Street Edina, Minnesota Attention: Mr. George Hite Dear Mr. Hite: This is with reference to our letter of September 8, 1967, requesting the enclosed deed. We have been informed by Mrs. Hallberg that the Village Council has now approved the release. Will you kindly have the deed executed and return to US. We are sending a copy of this letter and the deed to Mr. Knudson of the Dorsey office for his approval. Thank you for your courtesy. Yours very truly, THOMSON AND LOVETT By William M. Thomson WMT:lr cc: Robert Knudson _ '17 r , i 70. Rose S. Elsberg and Nels Warranty Deed Dated July 31, 1946 W. Elsberg, her husband Filed August 12, 194 to Herbert B. Armstead and Clara Book 1737 of Deeds, Consideration: $1.0 age 292 etc@ M. Armstead, husband and wife Lots 11, 12, 13, 14, and the as joint tenants Doc. Now 2387868 Southerly 1/2 of Lot 10 and 15. Block 104, Normandale Second Addition subject to he restricti, that for the period f 25 years from and after the date hereof, no buildings, or structures Southerly 1/2 of Lot 15• hall be And as a erected on said lots 13, 14 and the the consideration herein expressed, the parties of t e first part part of covenant and agree that for the period of 25 years from and fter the date hereof, they will not erect any structure or building on the Norther 1/2 of Lot 15, lots 16, 17 and 18, Normandale Second Addition which premises are now owned by parties of the first part. It is f rther specifically agreed that the above set forth covenants and re tractions shall run with the land, and shall bind the heirs, executors„ adminis- trators, successors and assigns of'the parties hereto. Free rom all incumbrances, except the above set forth building restriction . Revenue Stamps '$2.20 - - � �! I Yo Madethis ........................................................................ day .......... 19..�7, between.......................................................................................................... ............................................................................................................. ................ VILLAGE OF EDINA, municipal State of ........ TJ.innesota Wcorporation -under the laws of the Sta .................................................................. party Of the fl7'St PC ........................................................................................................................................ ................................................................................................ JEANNINE V. DURYEA .... ............................................................................................................................................ ... .............................................................. of the County of .................... .................................. and State of ........... 1,1innesota .................................................................... part y ........... of the second part, W, itnemsetb' That the said party of the first part, in consideration of the 5 • i M One dollar and other ��rcr valuable cons deration ................................................................... ................... d................ I .r ..................................... ......................................................... to it in hand paid by the said part ...... Y ........ of the second part, the receipt whereof is hereby acknmi does hereby Grant, Barffaln, Quitclaim, and Convey unto the said part .... Y ........... of the second part,.. heirs and assiffns, Forever, all -the, tra-6..S ....... or parcel .... a ..... of land lytn-d and being in the Ca ...... Henqg�pin .......... an ....... ........................................ d State, of Minnesota, described as follows, to-wit: The North One-Half (ND of Lot Fifteen (15) and all of Lot Sixteen (16), Block Ten (10), Normandale 2nd Addition, according to the duly recorded plat thereof. This conveyance is given for the purpose of releasing the restrictions as to the above - described premises contained in the deed dated July 31, 1946, filed August 12, 1946, in Book 1737 of Deeds, page 292, as Document No. 2387868. ZO ?f)abC anb W 34)01b tl)C .1Z)an1C, Together with all the heredilanzents and a unto belonjinff or in anywise appertaining, to the said part ..... Y .......... of the second part, heirs and assigns, Forever. Sin T v6tiMollp W7 I)MOL The said first party has m presents to be executed in its corporate name by its rI.q: zn1,&fdn%&and its .... Village ... Clerk ..............and its corpor4 C1 be hereunto affixed the day and year first above written. VILLAGE OF EDINA .............. .............. ......................................... .. ............ By, Its...................... ............................... ........................... Its....Alllage 0 and of ty of there- �d these Y............... : seal to yo THOMSON AND L3VETT ATTORNEYS AT LAW 1660 NORTHWESTERN BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 339 -4567 WILLIAM M.THOMSON THOMAS G. LOVETT, JR. JAMES L. WAHLFORS September 8, 1967 JAMES J. MORAN, JR. The Village of Edina 4801 West 50 Street Edina, Minnesota Attention: Mr. George Hite Dear Mr. Hite: Our client, Herman L. Joern is purchasing property on Mildred Avenue described as follows: The North One -Half (N 2) of Lot Fifteen (15) and all of Lot Sixteen (16), Block Ten (10), Normandale 2nd Addition. �- /_ l i 4 „ "y`: As you know the village owns the adjoining lots, to -wit: South 2 of lots 10 and 15 all of lots 11 through 14 These lots are subject to restriction contained in Diid Document No. 2387868, copy of which is attached. As you know, Mr. Joern is purchasing the lots for purposes of building a home and this is to request that the village take such action as is necessary to release its right to enforce the restriction as to the lots being purchased by Mr. Joern. I will appreciate it if you will give this matter your consideration. WMT:lr Yours very truly, THOMSON AND LOVETT By (" �. William M. Thomson i Rose F. Elsberg and .Nels 7 W. Elsberg, her husband ' 70, to Herbert B. Armstead and Clara ,u,, Armstead, husband and wife as joint tenants Doc. No. 2387868 from and after the date hereof, erected on said lots 13, 14 and part of the consideration herein covenant and agree that for the Warranty Deed Dated July 31, 1946 Filed August 12, 1946 Book 1737 of Deeds, page 292 Consideration: $1.00 etc. Lots 11, 12, 13, 14, and the Southerly 1/2 of Lots 10 and 15• Block 10, Normandale Second Addition subject to the restricti that for the period of 25 years no buildings, or structures shall be the Southerly 1/2 of Lot 15. And as a expressed, the parties of the first part period of 25 years from and after the date hereof, they will not erect ansotructure or building on the Norther 1/2 of Lot 15, lots 16, 17 and 18,'' ormandal.e Second Addition, which premises are now owned by parties of the first part. It is further specifically agreed that the above set forth covenants and restrictions shall run with the land, and shall bind the heirs, executors„ adminis- trators, successors and assigns of'the parties hereto. Free from all incumbrances, except the above set forth building restrictions. Revenue Stamps'$2.20 1 r � I LAW OFFICES JAMES E. DORSEY (1889 -19591 DONALD WEST JOHN W.JONES WALDO F MARQUART JAMES B VESSEY JOHN W.WINDHORST WILLIAM A. WHITLOCK HENRY HALLADAY E. J. SCHWARTZSAUER JULE M.HANNAFORD THOMAS M. BROWN ARTHUR B.WHITNEY CORNELIUS D MAHONEY RUSSELL W. LINDQUIST THOMAS S. ERICKSON DAVID R. BRINK MICHAEL E.BRESS HORACE HITCH PAUL G.ZERBY VIRGIL H. HILL RAYMOND A. REISTER ROBERT V. TARBOX JOHN J. TAYLOR DEFOREST SPENCER BERNARD G.HEINZEN ROBERT J.JOHNSON JOHN S -HIBBS M.B.HASSELOUIST ROBERT O.FLOTTEN PETER DORSEY MORTON L. SHAPIRO GEORGE P.FLANNERY JAMES F. MEEKER CURTIS L -ROY JOHN D LEVINE ARTHUR E. WEISBERG ROBERT J. STRUYK DUANE E.JOSEPH MICHAEL A.OLSON FREDERICK E. LANGE LARRY W. JOHNSON DORSEY, MARQUART, WINDHORST, WEST a HALLADAY THOMAS S. HAY CURTIS D.FORSLUND LAW OFFICES 0. LARRY GRIFFITH CRAIG A. BECK DAVID L.McCUSKEY 2400 FIRST NATIONAL BANK BUILDING THOMAS O. MOE M INN EAPOLIS,M I N N.88402 JAMES H. OHAGAN JOHN M -MASON MICHAEL W. WRIGHT LARRY L. VICKREY T E L E P H O N E: 3 3 2— 3 3 S I LOREN R. KNOTT AREA CODE: 612 JOHN W. CARSON PHILLIP H. MARTIN CABLE ADDRESS:OOROW JOHN J. HELD OF COUNSEL DAVID E- BRONSON HUGH H. BARBER LELAND W. SCOTT September 15, 1967 LEAVITT R. BARKER Mrs. Florence B. Hallberg Village Clerk Village of Edina 4801 West 50th Street Edina, Minnesota RE: North One -half of Lot 15 and all of Lot 16, Block 10, Normandale Second Addition Dear Mrs. Hallberg: This letter is intended to explain the reason that Mr. Bill Thompson, an attorney, is asking for a quit claim deed from the Village of Edina to his client as to the above described property. In 1946 Mr. and Mrs. Elsberg owned said Lots 15 and 16 along with adjoining property, some of which Edina now owns. During that year the Elsbergs conveyed the adjoining property to another party. In the deed of conveyance the Elsbergs and said other party mutually restricted Lots 15 and 16 and other lots from being built upon for a period of 25 years. Of course, the 25 year period expires in 1971. Mr. Thompson would like to have a quit claim deed from the Village of Edina to the North One -half of Lot 15 and all of Lot 16, which deed trill indicate that it releases his client from said building restrictions. This is necessary because when Edina purchased Lots 11 through 14 and parts of Lots 10 and 15, it acquired the right to enforce these building restrictions.. against the North One -half of Lot 15 and all of Lot 16. Unless there is some reason that you would prefer to deny Mr. Thompson's client the right to construct a building on the North One -half of Lot 15 and Lot 16, there is no particular reason not to give Mr. Thompson the deed he desires. You have no other rights to this property than those acquired under said building restrictions, and those expire in 1971. DORSEY, MARQUART, WINDHORST, WEST a HALLADAY Mrs. Florence B. Hallberg -2- September 15, 1967 If you have any further questions, please contact me at your convenience. Very truly yours, DORSEY, MARQUART, WINDHORST, WEST & HMA ADAY By R. 0. 0. Knutson ROK;ca cc. Mr. Bill Thompson �, r 6. -�!m �it . W. F-I'm nsmmm WHIRUS, Herman L. Joern and Arlene J. Joorn, husband and wife, sire the owner$ of a certain parcel of land in the Village of Edina described as f 0110" -4 The North Half of Lot 15 and oil of Lot 16, Bloek 10, he ale Second AAdition, according to the duly record", plat thereof; and WHEREAS, said owners have requested approval of the Village of Edind of the conveyance and ownership of the above described laud as a sop*rsto parcel,, and WHEREAS, It has boon determined that compliance with the Subd1v!:!t and Zoning Regulations of the Village of Edina will create an unnec - hardship and said tract of land as a separate parcel do" not inter ere with the purpose of the Subdivision and Zoning Regulations as cent nod In the Village of Edina Ordinance Numbers 261 and 263-A; I NOW, THEREFORE, It to hereby resolved by the Village Council of the Village of Edina that the conveyance and ownership of the above described tzact of land as a separate parcel is hereby approved and the requirements and provisions of Ordinance Nos. 261 and 263-A are hereby waived an to said division and conveyance, subject, however, to the provision that no further Subdivision be made of the above described tract of land unless *444 in compliance with the pertinent ordinances of the Village of Edina or with the prior approval of this Council as say be provided'for by those ordin,aaces. ATTEST: as nod F_LORENCE S. #AWERC Village Clark STATE OF MINNESOTA COUNTY OF HENNEPIN VILLAGE OF ED114A } CZR'T1ng&T_E CP VILLA RR I, that +undaersiSnaaa duly appointed a~snd acting 'Village C1.ark for the Villages of Edina, Mita>; *s*t9, do heraa:bp certify that 1 h*vra Cmws od the attachaed and foregoing Resolution and that the aim* is a true an correct Capp of a Resolution duly adopted by the Village of Edina Counci at its Regular Meeting 'held "Onday, Jute 17, 1968, and as recorded in t a minutes of said Regular Meaating. WIT14ESS my ihand and seal of said Vjilana this 19th day of Jusxre, 1968. i f i J Edina Vi.l l,aSe