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r M N 3 D 5" Z n m N" O od ic � D m Z o -< O O r� o� Z m >,�1 N O a �i NO. 1 33 COMPL *: TITLE SERVICE f: TITLE INSURANCE 1 ESCROW SERVICE ABSTRACTS OF TITLE { JUDGMENTS IN STATE AND FEDERAL COURTS, BANKRUPTCY PROCEEDINGS SPECIAL ASSESSMENT SEARCHES CHATTEL MORTGAGE ABSTRACTS FEDERAL TAX LIEN SEARCHES IN FEDERAL COURT, THIRD DIVISION RECORDING SERVICE REGISTERED PROPERTY ABSTRACTS n T Order No 623:898 ° Abstract - �' Title g Too Part m!_;yect *n $ ?,, Tovnrbli ya This certifies the within statement from No. 1 to Q Q inclusive, to be a correct Abstract of Title to land described in No. One therein as appears of record in the Real Fstate Division of the office of the Register of Deeds in Hennepin County, Minnesota, including Taxes according to the general tax books of said County. Dated AuBtiet 8 19. 72 7 a.m. Tide Insurance Compan of Minnesota By assistant Secretary K y. 343-55 Nevlands Key Sec. 32 K21 Sec. 5 K11 Re , ,D0rze:t.0 Marqualrt,. Etal Deliver to TITLE INSURANCE COMPANY OF MINNESOTA TITLE INSURANCE BUILDING MINNEAPOLIS, MINNESOTA 55401 `. \ � 5111 - 12_ ` I CONVERSION TABLES Redo Feet Rode Feet Rode Feet Rods Feet Rods Feet Rods Feet Rode Feet Rods Feet Rode Feet Rode Fed 1 16.5 11 181.5 21 346.5 31 511.6 41 676.5 51 841.5 61 1006.5 71 1171.6 81 1386.5 91 1501.5 2 33.0 12 198.0 22 363.0 32 528.0 42 693.0 52 858.0 62 1023.0 72 1188.0 82 1863.0 92 1518.0 8 49.5 13 214.5 23 379.5 33 544.5 43 709.5 53 874.5 63 1039.5 73 1204.5 83 1369.5 93 1584.5 4 66.0 14 231.0 24 396.0 34 561.0 44 726.0 54 891.0 64 1056.0 74 1221.0 84 1886.0 94 1561.0 5 82.5 15 247.5 25 412.5 35 577.5 45 742.5 55 907.5 65 1072.5 75 1237.5 85 1402.5 95 1567.5 6 99.0 16 264.0 26 429.0 36 594.0 46 759.0 56 924.0 66 1089.0 76 1254.0 86 1419.0 96 1584.0 7 115.6 17 280.5 27 445.5 37 610.5 47 775.5 57 940.5 67 1105.5 77 1270.5 87 1485.5 97 1600.5 8 132.0 18 297.0 28 462.0 38 627.0 48 792.0 58 957.0 68 1122.0 78 1287.0 88 1452.0 98 1617.0 9 148.6 19 813.5 29 478.5 39 643.5 49 808.5 59 973.5 69 1138.5 79 1303.5 89 1468.5 99 1633.5 10 165.0 20 330.0 30 495.0 40 660.0 50 825.0 60 990.0 70 1155.0 80 1320.0 90 1485.0 100 1650.0 Rods to feet from 1 to 100 Chains Feet Chains Feet Chains Feet Chains Feet Links Feet Lint Feet Links Feet Lino Feet Lhab FaN 1 66 11 726 21 1386 31 2046 1 .66 11 7.26 21 13.86 31 20A6 41 27.06 2 132 12 792 22 1462 32 2112 2 1.32 12 7.92 22 14.52 82 21.12 U 27.72 a 198 13 858 23 1518 33 2178 3 1.98 13 8.58 23 16.18 83 21.78 43 28.88 4 264 14 924 24 1584 34 2244 4 2.64 14 9.24 24 15.84 84 22.44 44 29.04 5 830 15 990 25 1650 35 2310 5 3.30 15 9.90 25 16.50 35 28.10 45 29.70 6 396 16 1056 26 1716 36 2376 6 8.96 16 10.56 26 17.16 86 23.76 46 80.86 7 462 17 1122 27 1782 37 2442 7 4.62 17 11.22 27 17.82 37 24.42 47 31.02 8 528 18 1188 28 1848 38 2508 8 5.28 18 11.88 28 18.48 38 25.08 48 31.08 9 594 19 1254 29 1914 39 2574 9 5.94 19 12.64 29 19.14 89 25.74 49 32.34 10 660 20 1320 80 1980 40 2640 10 6.60 20 13.20 80 19.80 40 26.40 50 SLOO Chains to feet from 1 to 40 Links to feet from 1 to 50 A SECTION OF LAND - 640 ACRES N.W.COR. wenx a...na N_E.COR. i 1 TABLE. OF MEASUREMENTS all 1100/ is CHAINS r One link equals 7.92 inches, 16.5 ft. 25 U V One rod equals or links, One chain equals 66ft., 100 lks or 4rods, a 20 AG 5 SeHC. MN . One r7i1e equals 5280ft,320rd5,or 8065., One square rod contains 272.25 sq.ft., One acre contains 435605qq.ft,I60sq.rds.,orl0sq.chs. A side of an acre equals 208.71 feet a 10 AC. Q � s 3 80ACF NET" ° " CHAIN: 0 0 s 40 ACRES i CENT ROF rp p,U1NS e SECTIONAL MAP OF 16 LINK A TOWNSHIP SEC WITH ION !1 LINE 3 ADJOINING SECTIONS 36 31 1 32 33 34 3S 36 31 1 1 6 1 1 6 5 4 3 2 12 7 8 9 10 11 12 7 160 ACRES 13 18 13 18 x Q I' 5 14 ;24 19 24 19; S. EA 2 2 2 25 30 25 30 29 28 27 26 36 31 ; 32 33 34 35136131 1 6 1 1 6 xvn ou.nr. 5 - 4 - 3 2 - - --- S.W. COR. .ca. S..COR. v ►oRM No. 25 1. ft TITLE INSURANCE COMPANY OF MINNESOTA r--- 36 I 1 I 1 /2 I ' 13 124 ZS 34 Minneapolis, Minnesota 3 ABSTRACT OF TITLE --TO— That part of the Southeast 1/4 of the Southwest 1/4 of Section 32, Township 28 North Range 24 West of the 4th Principal Meridian and that part of the Northeast 1/4 of the Northwest 1/4 of Section 5, Township 27 North Range 24 West of the 4th Principal Meridian, described as follows, to wit`: Commencing on the South line of Section 32, Township 28, Range 24, 21 3/4 rods West of the South Quarter post said Section; thence North and parallel with the North and South center line of said Section 80 rods to the North line of the South One -Half of the Southwest 1/4 said Section; thence West along said North line 30 1/3 rods; thence South and parallel to the center line 80 rods to the South line of Section; thence continuing South through the North One -half of the Northwest 1/4 of Section 5, Township 27, Range 24, and parallel with the center line thereof 67.4 rods to the South line of said North One -Half; thence East along said South line 30 1/3 rods; thence North to place of beginning, EXCEPTING therefrom the parcel of land described as follows: The North 330 feet of the East 188 feet of the West 30 4/12 rods of the East 52 1/12 rods. 80 Ro0S /O GHq /.✓S d90R S AC i?t A rod is 16% feet. A chain is 66 feet or 4 rods. Zo AGBES 40 M105 A mile is 320 rods, 80 chs., or 5,280 ft. A square rod is 272 square feet. An acre contains 43,560 square feet. An acre contains 160 square rods. 80 ACRCS "o Fr. G�tN/Ns An acre is about 208Y4 feet square. 40 chains, 160 rods or 2640 feet. 4o Aca6s - - -T -- T- - -r - - -T -- 1 - -- - - -� 31 32 33 1 34 1 35 36 8I i 20 cs/A /-vs IJ20 Fr. Q i S i 4 .3 2 7 8 9 ; �o Ii /Z ? I /1P 17 � /G � IS 1 12 � 13 /S - - -�- - - +--- -1---- - -� - -- — /9 zo Z/ 22 Z3 i 24 /9 i 14v ACA*,C v 130 29 ! Z d 1 27 26 i ZS 3 0 I 3/ 3Z i 33 34 .15 X36 3 / 3 ABSTRACT OF TITLE --TO— That part of the Southeast 1/4 of the Southwest 1/4 of Section 32, Township 28 North Range 24 West of the 4th Principal Meridian and that part of the Northeast 1/4 of the Northwest 1/4 of Section 5, Township 27 North Range 24 West of the 4th Principal Meridian, described as follows, to wit`: Commencing on the South line of Section 32, Township 28, Range 24, 21 3/4 rods West of the South Quarter post said Section; thence North and parallel with the North and South center line of said Section 80 rods to the North line of the South One -Half of the Southwest 1/4 said Section; thence West along said North line 30 1/3 rods; thence South and parallel to the center line 80 rods to the South line of Section; thence continuing South through the North One -half of the Northwest 1/4 of Section 5, Township 27, Range 24, and parallel with the center line thereof 67.4 rods to the South line of said North One -Half; thence East along said South line 30 1/3 rods; thence North to place of beginning, EXCEPTING therefrom the parcel of land described as follows: The North 330 feet of the East 188 feet of the West 30 4/12 rods of the East 52 1/12 rods. Ak The following certificates appear appc;nded to the plat shown below, which plat was filed for record in the office of the Register of Deeds, Hennepin Cu-unty, Minnesota, on April 30, 1932 at 8;30 o'clock A.M., as Document No. 16844039 and was recorded in Lc)c,,k of Govt. Survey Plats, pegs; 20. "Th above Map of roTpmship No. 28 North, Range No. 24 West of the 4 h Principal meridian, Minnesota is strictly conformable to the field rotes or the survey thereof or file in this Uff'ice, which have been examined and a poroved. Surveyor General's Office. Warner Lewis Dubuque, Feby. 27th 1854 Surr.Gent." "I hereby certify that the above map is a correct copy of the o.riginal Government Map of Township No. 28 North, Range No. 24 West of the 4th Principal Meridian on file in this Uffice. (The Great Seal of the Mike Holm, Sec'y of State State of • Minnesota) St. Paul,141rn..Aug.3lstl931." 2. Wowrrship ,V938 V Range.NP -9 4W 41hA%r: G l D v F loop JcC .r x f •..r' d IL 4 (• 11 Rf . C• Z r �f GY 7' d r'.oxr' S r w ,r,.•n R, Y ri •1.' O —P P n u !r A ✓�` �g'.. �- 054 0 0 3430 , IV Sfi.Lk iBlf3 3.''J4 .3,'02 3717 - x7ig 3?S/ J761 J7T70 3'83 J72 31 i.5/ �1 w a sic ` - sL... _ -• ^': - ' 6 .3/ 416,'7. —_ „ _ �J� ��._.,�. A.O. - OC a F ` A.160 ti./60A/60 -.— ,.. •! _ >L , / � /l ',i,• i :~.' Q _ 3 7i Z -' - - -.. 3 r•. x_ F4�— fir 4� !a•s„r •�'• 2958 •/` _ _ SO, ____'.�� �. _ -_ tv. -ti,� .�.•_�` d ,� .AiOp .1760 r rd_�i v'_➢i ___t -Y•.s _ .4 M RiCE r...TTi'G �e<•' 4 :t �! i / q.'?+P � LAKE "sa ss G crd,'S Se -IS 5170 fit•? S .17 . #ro ISO. - ,�r•�.:�! -._”' � =' dd.19 ae-Rr y !3 6Ck 2FJ t 3Y�� 3 IC Jth7 • w t' F 4 �I 1 < a s Z ?` • P� - -Z ,R +��P�P? -� — �—Jr.- �� I �s >`��'�r✓r�:�,, T.6 -• Yid ,a'. a.ea s5i2 �i.>Yi Go.is � r1.Ti yY�'• v L 17. • 4.507 .'Se ,. /8 `J294 Z�as �� _Za 1 �Y ., .1 >,°; Sloo SSaf 3!s 2 24YT0 � �., r_�as�__ -_._ ?.:{ _ •• i�` t! -� ' -• Js e+C � tNjj 4JZ+ ,, 21 5 A, MOrHL 4549 - t +b. Q,,, 6Z 2V 'e ill /r z:.'• 4S..7S'{'`q, - - 5. . :. 7 1r h"f <T: zdJ �i. ( SlzSy` i;.x_ ryryIIr i i 4KSL .S .34_ 1 ?5 __ - = L 5.. _slti �G C6SO z :.iris -_2.7 z- tfs _,t sd'4 4a�°I� Y 4: s'd'9i J `WOOC:..' 5 I 5 -4 z•R"�60 t �, �'• I �� Q ' &38 A, .0 0`0 JZ -• . 4.346 4a 7j T �l sb9� _.'-'� •'"yr •ter 11 Rf . C• Z r �f GY 7' d r'.oxr' S r w ,r,.•n R, Y ri •1.' O —P P n u !r A ✓�` 3. ,4' if The following certificates appear appended to the plat shown below, which plat was filed for record in the office of the Register of Deeds, Hennepin County, Minnesota, on April 30, 1932 at 8 :30 o'clock A.M., as Document No. 1684402, and was recorded in Book of Govt. Survey Plats, page 19. "The above Map of Township No. 27 North, Range No. 24 West of the 4th Principal Meridian, Minnesota is strictly conformable to the field notes of the survey thereof on file in this Office, which have been examined and approved. Surveyor General ;s Office. Warner Lewis Dubuque, Feby, 27th 1854 Surr.Genl." "I hereby certify that the above map is a correct copy of the original Government Map of Township No. 27 North, Range No. 24 West of the 4th Principal Meridian on file in this Office. (The Great Seal of the Mike Holm, Sec17 of State. State of Minnesota) St.Paul,Minn.Aug.3lstl931." Township N9271VRanyeN.920W4thM�f' Sec../. 5945 �. {off s`�Ott 9 Alt od 3 P lyY. V Z4{. °,ne`w• " �j '�f .. yiaJ owls 1 rai °L/Y fqf. fiti pifr ld7f °9Sf` ef.Z+ f� ♦fi/ s7nr r; roil 0 0 0 dR� IA�o 75 M AMIf X e 7/.30 Z,7 -iG •3.39 tJi •/Idf - i 9�.df _ ,„ Sec../. 5945 �. {off s`�Ott 9 Alt od 3 P lyY. V Z4{. 4. 5. I* United States to Duportal Seymour Fitch 1/2 of Northwest 1/4, of Section 5, 66.87 acres. United States of America to Duportal Seymour Fitch Section 32, Township 28, Range 24 Section 5, Township 27, Range 24 Entry No. 69 Dated Nov. 28, 1854 Land Office Records, page 15 South 1/2 of Southwest 1/4 of Section 32, Township 28, Range 24, containing 80 acres. North Township 27, Range 24 containing Patent Dated May 15, 1855 Filed-- - Book C of Deeds, page 669 South 1/2 of Southwest 1/4 also North 1/2 of Northwest 1/4 Containing 146.87 acres. Village of Edina Petition for the Incorporation 6. to of the Village of Edina Whom it Concerns Dated Oct. 27, 1888 Doc. No. 69940 Filed Dec. 17, 1888 Book 40 of Misc., page 106 That part of the Southeast 1/4 of the Southwest 1/4 of Section 32, Township 28, Range 24 and that part of the Northeast 1/4 of the Northwest 1/4 of Section 5, Township 27, Range 24 described as follows, to wit: Commencing on the South line of Section 32, Township 28, Range 24, 21 3/4 rods West of the South Quarter post said Section; thence North and parallel with the North and South center line of said Section 80 rods to the North line of the South One -Half of the Southwest 1/4 said Section; thence West along said North line 30 1/3 rods; thence South and parallel to the center line 80 rods to the South line of Section; thence continuing South through the North One -half of the Northwest 1/4 of Section 5, Township 27, Range 24, and parallel with the center line thereof 67.4 rods to the South line of said North One -Half; thence East along said South line 30 1/3 rods; thence North to place of beginning, excepting therefrom the parcel of land described as follows: The North 330 feet of the East 188 feet of the West 30 4/12 rods of the East 52 1/12 rods. In the Matter of the Petition for Incorporation 7. of The Village of Edina Doc. No. 69984 Petition Dated Oct. 27, 1888 Filed Dec. 17, 1888 File 504 Includes land as shown in Entry No. 6. In the Matter Incorporation 8. of The Village of Doc. No. 69985 of the Petition Dated Oct. 27, 1888 Notice of Election Nov. Edina Filed Dec. 17, 1888 File No. 504 Includes land as shown Entry No. 6. 0 9, 1888 in In the Matter of the Decree of Distribution Estate Dated-April 15, 1889 of Filed April_16, 1889 Duportal S. Fitch, Book 262 of 11"isc., page 264 Deceased All debts maid. Doc. No. 80328 Emily L. Fitch widow, Hayden S, Roderick D., Edwin D., Charles H.- :Fi:tch, children and _sole _�ei- -r.s.- Lo t 5 Fl5ccept South 26 rods of Iciest 18 rods Section 28, Township 28, Range 24, 35 1 /1:0 acres. Also that part of Lot 6 Forth of public road and West of Crass Lake in Secticin 28, Township 28, Fange 24 45/100 acres being the homestead. Also West 29.13 acres of Southeast 1/4 Southwest 1/4 Section 32, Township 28, Range 211. Also East 112 Southwest 1/4 Section 32, Township 28, Range 24 containing 20 acres. Also Nort -h 1/2 Northwest l/h except East 21 3/4 rod Section 5, Township 27, Range 24 57.67 acres. 'To widow 1/3 of above described property except first and second which is the homestead and to w1aich she is erititicd for life and to each of said children the homestead in fee share alike subject to life estate of widow, and an equal undivided 116 of the remainder of said estate, being an undivided 1/4 each in the homestead and equal undivided 116 of the balance each. In the Matter of the Decree to determine Heirship Estate Dated Marc. 13, 1889 10. of Filed April 16, 1889 Charles H. Fitch, Book 41 of Misc., page 181 Deceased Only heirs said deceased are Doc. No. 80329 Hayden S. Fitch, brother; Roderick D. and Edwin D. Fitch brothers. Undivided 1/4 Lot 5 except South 26 rods of West 1.8 rods Section 28, Township 28, Range 2.4, 35 1/1.0 acres. Undivided 1/4 part Lot 6 north of public road and West of Grass Lake Section 28, Township 28, Rangf: 24 45f100 acres. Said property being held by deceased subject life estate Emily L. Fitch his stepmother. Said deceased owned following in fee: Undivided 116 West 29 13 /100 acres Southeast 1/4 Southwest 1/4 Section 32, Township 28, Range 24 Undivided 116 East 1/2 Southwest 1/4 Southwest. 1/4 Section 32, Township 28, Range 24, 20 acres. Undivided 116 North 1/2 Northwest 1/4 except East 213/4 rods Section 5, Township 27, Range 24, 57 67,/100 acres. Interest of said heirs in said property is that of owners in fee except Lots 5 and 6 Section 28, Township 28, Range 24 which are subject to life estate said stepmother. Now ordered all said estate on death of deceased became vested in said brothers subject life estate Emily L. Fitch as aforesaid. In the Matter of the Probate Court, Hennepin Estate County, Minnesota 11. of Certified Copy Decree of Charles H. Fitch, Deceased Distribution Doc. No. 254367 Dated August 7, 1896 Filed Sept. 9, 1896 Book 446 of Deeds, page 275 Court finds bond for debts. Deceased died intestate January 25, 1889. Remair.a Undivided 1/4 interest in Lot 5 except South 26 rods of West 18 rods Section 28, Township 28, Range 24 35 1 /10.acre and Undivided 1/4 that hart Lot 6 :forth of public road and West of Grass Lake Section 28, Township 28, Range 24, 1ds /100 acres above described property being held by deceased subject to life Estate of Emily L. Fitch Step -- mother of sP.id deceased. Also Undivided 1/6 interest in West 29.13 acres Southeast 1 /11 Southwest 1/4 Sect.i.,n 32, Township 28, Range 2h and equal Undivided 1/6 interest in East 1/2 Southwest 1/4 Southwest .1/4 Section 32, Township 28, Range 24, 20 acres. Also. undivided 1/6 - interest PlOrth 7./2 "iorthwest 1/11 except East 21 3/h rods Section 5, Township 275 PfAnge 21; con ainiiiF 57.67 acres. Deceased left surviving fo?_lowin;; brother:, llayden S. Fitch, Roderic D. Fitch, and Edwin D. Fitch who are only heirs at law of said deceased. Decreed that interest of decrIns .d is assigned to Hayden S. Fitch, Roderic D. Fitch and Edwin 1). Fitt -h. Undividod 1/3 to each. 12. 13. Emily L. Fitch, widow, Hayden S. Fitch, Kittie Fitch, wife; Roderic D. Fitch and Anna R. Fitch, wife; Edwin D. Fitch and Lizzie L. Fitch, wife to Mark L. Manley Doc. No. 80531 Mark L. Manley to Emily L. Fitch etal Doc. No. 170382 i Mortgage Dated April 17, 1889 Filed April 18, 1889 Book 278 of Mtgs., page 13 To secure $1,500.00 Satisfaction of Mortgage Recorded in Book 278 of Mtgs., page 13 (See No. 12) Dated March 2, 1892 Filed March 22, 1892 Book 349 of Mtgs., page 254 Haydn S. Fitch, Mary C. Quit Clairi Deed Fitch, wife; Roderic D. Dated "larch 7, 1892 Fitch and knna R. Fitch, Filed March 8, 1892 wife; Emily L. Fitch � Book 363 of Deeds, page 29 widow Consideration $1.00 14. to Commencing on South line Edwin D. Fitch Yy, Section 32, Township 28, Doc. No. 169537,•, jj Range 24, 21 3/4 rods West of ,3 South quarter post said Section; Thence North_3 8..0' r.od,s' to North line South 1/2 Southwest 1/4 said Section; Thence West 30 1 /,3''rods; thence South 80 rods to South line said Section; thence;'67.4 rods to South line north 112 Northwest 1 /It Section 5, Township 27, Range 211; Thence East'30 1/3 rods; thence North to beginning, Containing 28 Acres more or less, Edwin D Fitch Warranty Deed Lizzie L. Fitch, wife- March 11, 1892 15. to Filed march 18, 1892 George Gnerer and Book 352 of Deeds, page 145 Joseph Gnerer Consideration $1,150.00 Doc. No. 170122 Commencing in South line Section 32, Township 28, Range 211 21 3/It rod West of South quarter post said Section; thence North /80 rods to North line South 1/2 Southwest 1 /It said Section thence West 30- 1/3 rod; thence South /80 rods to South line said Section; thence'South through the North 1/2 Northwest 1 /It Section 5, Township 27, Range 24' parallel with center line and 67 4/10 rods to South line said North 1.12; thence East 30 1/3 rods; thence North to beginning. Cont %inns 28 Acres more or less. Gordon J. Mangan Affidavit 16. to Dated October 1, 1941 Whom it Concerns Filed October 2, 19111 Doc. No. 2109660 Book 404 of Misc., page 606 Gordon J. Mangan, being first duly sworn, upon oath deposes and says that he was the attorney for the decedent George Gnerer during his lifetime, and has continued to be the attorney for George Gnerer and his family for the pas", 18 years. Your affiant further states that he is well acquainted with Joseph Gnerer, the brother of George Gnerer, Decedent, and that he has also represented the said Joseph Gnerer in the examination of abstracts, and drawing of papers pertaining to the property described herein as well as other parcels of property owned by said Joseph Gnerer. Affiant further states that the George Guerer and Joseph Guerer, grantees in that certain Warranty Deed dated March 11, 1892, filed i-Iarch 18, 1.892, in 352 of Deeds, page 115, wherein Eduin D. Fitch and Lizzie L. Fitch, his wife, were grantors, are the same persons as George Gnerer and Joseph Gnerer, and that the last names of the brothers were misspelled. That this affidavit is made for the purpose of clearing up this discrepancy so as to clear the title to the following described property: All other real estate of decedent being in the County of Hennepin, State of Minnesota, described as follows,` to -wit: An undivided 1/2 interest in the following described property: Commencing on the South line of Section 32, Townst:i.p 28, Range 211, 52 1/12 rods West of the South quarter post said Section; thence North and. parallel with the center line thereof. 80 rods to the North line of the South 112 of the Southwest 1 /It; said section; thence West along said North line 27 rods, thence South and parallel to the center line 80 rods to the South line of said Section, thence continuing South through the (CONTTNUED ) (No. i6. Continued) North 1/2 of the Northwest 1/4 of Section 5, Township 27, Range 24, and parallel with the center line thereof 66.8 rods to the South line of said North 1/2, thence East along said South line 27 rods; thence North to beginning, containing 25 acres more or less. In the Matter of the Probate Court, Hennepin County Estate _ Minnesota, Case No. 26225 17. of Certified Copy Decree of George Gnerer, Deceased Distribution Doc. No. 2109661 Dated April 7, 1924 Filed October 2, 1941 Book 1555 of Deeds, page 88 Debts paid, Died intestate Sept. 22, 1921. Personal Property $148.88. Left surviving: Barbara Gnerer, widow and the following named children: John Gnerer, Henry Gnerer, Mike Gnerer, Josephine Gnerer, Rosie Gnerer, Christ Gnerer and Helen Gnerer. Real Estate: The Homestead of decedent, being in the County of Hennepin, State of Minnesota described as follows, to -wit: The North 10 acres of the Northeast 1/4 of the Northwest 1/4 of Section 8, Township 27, Range 24. Right is reserving to vendors of 1 rod wide on East end of said tract for-road purposes. All other real estate of decedent being in the County of Hennepin, State of Minnesota described as follows, to -wit: An undivided 1/2 interest in the following described property: Commencing on the South line of Section 32, Township 28, Range 24 52 112 rods West of the South quarter post said section, thence North and parallel with the center line thereof 80 rods to the North line of the South 1/2 of the Southwest 1/4, said Section; thence West along said North line 27 rods; thence South and parallel to the center line 80 rods to the South line of said Section; thence continuing South through the North 1/2 of the Northwest 1/4 of Section 5, Township 27, Range 24 and parallel with the center line thereof 66.8 rods to the South line of said North 1/2; thence East along said South line 27 rods; thence North to beginning, containing 25 acres more or less. An undivided 1/2 interest in the following described property: Commencing on the South line of Section 32, Township 28, Range 24 21 3/4 rods West of South quarter post said section thence North and parallel with North and South center line said section 80 rods to North line of the South 1/2 of Southwest 1/4, said Section; thence Nest along said North line 30 1/3 rods; thence South and parallel to center litre 80 rods to South line of Section; thence continuing South through North 1/2 of Northwest 1/4 of Section. 5, Township 27, Range 24, and parallel with center line thereof 67.4 rods to South line of said North 1/2; thence East along said South line 30 1/3 rods; thence North to the place of beginning, containing 28 acres more or less. An undivided 1/2 interest in the following described property: The Northeast 1/4 of Dortheast 1/4 of Section 7 and the Northwest 1 /1E of the Northwest 1/4 of Section 8 all in Township 27 Range 24, containing 80 acres. Northeast 1/4 of Southwest 1/4 and Southeast 1/4 of Northwest 1/4 and ?lest 1/2 of Southeast 1/11 of Southwest 1/4 of Section 5, Township 27, Range 24 containing 100 acres more or less. Assigned to said widow the whole of said above described homestead premises for and during the term of her natural life and an undivided. 1/3 of said other above described real estate in fee. To each said children an undivided 1/7 of said above described homestead premise, in fee, subject however, to the life estate: of said Barbara Gnerer therein; and an undivided 2 /21sts of said other above described real estate in fce. Theresa Miller Warranty Deed Jacob Miller, husband Dated August 27, 1919 18. to Filed August 29, 1919 Henry Kramer Book 882 of Deeds, page 469 Elizabeth Kramer, wife Consideration $2,500.00 as joint, tenants The land bounded by a line Doc. No. 941964 commencing at the Southeast corner of Northeast 1/4 of Northwest 1/4, Section 5, Township 27, Range 24; thence running West 21 3/4 rods; thence North 73.435 rods; thence running East 21 3/4 rods; thence running South 73.435 rods to beginning,also a right of way on level ground across the 10 acres due North of the above described premises to the public highway, said right of way being about 8 feet wide which may be limited by gates. (Shown for reference) Henry Kramer and Easement Elizabeth Kramer wife Dated Nov. 7, 1923 19. to Filed Dec. 7, 1923 Northern States Power Book 967 of Deeds, page 117 Company Consideration $175.00 Doc. No. 1185870 The right, privilege and authority to construct, operate and maintain its lines for the transmission of electrical energy, including necessary steel towers, poles, wires, etc. over, across and upon following: A strip of land 50 feet in width over, across and upon the East 358.9 feet or the East 9.10 acres, of the Northeast 1/4 of Northwest 1/4 Section 5, Township 27, Range 24, such strip of land being parallel to and 680 feet South of the North Section line. Also the right and authority to trim or cut down trees which interfere with construction, etc. In the Matter of the Probate Court, Hennepin County Estate Minnesota, Case No. 26225 20. of Certified Copy Petition George Gnerer, Deceased Dated Dec. 4, 1923 Doc. No. 1188455 Certified Copy Order Dated Dec. 13, 1923 Grant Dated Dec. 4, 1923 Filed Dec. 19, 1923 Book 225 of Misc., page 518 Petition for Representative to sell, and Northern States Power Company to purchase land for an easement: Barbara Gnerer is representative of above estate. Northern States Power Company is desirous of purchasing an easements over property in which the estate of said deceased has an undivided 1/2 interest. That your Petitioner has power of Eminent Domain, but does not wish to exercise it in securing this easement. That the description of property to be purchased for said easement is described as follows: A strip of land 50 feet in width over, across and upon the West 23.86 acres of the Northeast 1/4 of Northwest 1/4 of Section 5, Township 27, Range 24, the center line of which strip of land being parallel to and 680 feet South of the North Section line; that the purpose in buying this property is to give the Northern States Power Co., successors and assigns privilege and authority to construct, operate and maintain its lines for the transmission of electrical energy, including the necessary steel towers, poles, wires, etc. over across and upon the said property. Estate of Decedent is to receive $150.00 (CONTINUED) L- -0 -• z (No. 20. Continued) for its undivided 1/2 interest in the above described piece of property. Total amount paid by N.S. P. Co. for this easement is to be $300.00 the other $150.00 to be paid to Joseph Gnerer, a brother of Decedent who owns the other - undivided 1/2 of said piece of property. Amount is the full value of land taken and damages to remainder. Petitioners (N.S. P. Co. and Barbara Gnerer, as Administratrix) pray for an order of the above named court approving this Petition and agreement hereto Barbara Gnerer as Administratrix Agreement of the estate of George Gnerer, Dated Dec. 4, 1923 Deceased Filed Dec. 19, 1923 21. to Book 225 of Misc., page 518 Northern States Power Company Consideration $300.00 Doc. No. 1188455 We grant in consideration of $300.00 to us in hand paid: Right, privilege and authority to construct, operate and maintain its lines for the transmission of electrical energy, including the necessary steel towers, poles, wires, etc. over, across and upon the following described real estate now owned by us as follows: A strip of land 50 feet in width over, across and upon the West 23.86 acres of the Northeast l/4 of Northwest 1/4 of Section 5, Township 27, Range 24, the center line of which strip of land being parallel to and 680 feet South of the North Section line; and also hereby grant unto said Company, successors and assigns, right privilege and authority to trim or cut down any trees which may inter- fere with the construction, maintenance and operation of such line, and do also grant unto said Co., successors and assigns, right to enter upon the above described premises at any and all times for purposes above set forth. Order: Amount to be paid the estate for undivided 1/2 interest in an easement as above set forth is $150.00. It is ordered: That the Petition of the petitioners herein, be and the same hereby is granted and the agreement entered into between the petitioners by and the same hereby is approved. Joseph Gnerer and Easement Katie Gnerer, his wife Dated December 17, 1923 22. to Filed December 19, 1923 Northern States Power Book 1034 of Deeds, page 446 Company Consideration $150.00 Doc. No. 1188456 The right, privilege and authority to construct, operate and maintain its lines for the transmission of electrical energy including the necessary steel towers, poles, wires, guys, stubs and other fixtures over, across and upon following real estate in which we have an undivided 112 interest. A strip of land 50 feet in width over, across and upon the West 23.86 acres of Northeast 1/4 of Northwest 1/4 of Section 5, Township 27, Range 24, the center line of which strip of land being parallel to and 680 feet South of the North Section line, also the right, privilege to trim or cut down trees which interfere with the construction etc. of said lines. In the Matter of the Estate Probate Court, Hennepin County 23. of Minnesota, Case No. 49418 John Gnerer Decedent Certified Copy Decree of Descent Doc. No. 2109663 Dated May 10, 1938 Filed October 2, 1941 Book 1556 of Deeds, page 67 That said decedent has been dead for more than 5 years, and no Will has been admitted to probate. Died intestate November 26, 1930. Personal Property-- - Left surviving: Barbara Gnerer, mother. Real Estate: An undivided 11/7 of the following described homestead premises, in fee, subject, however to the lire estate of Barbara Gnerer decedent's mother, said homestead property being described as follows: The North 10 acres of the Northeast 1/4 of the Northwest 1/4 of Section 8, Township 27, Range 24. Right is reserved to vendors of 1 rod wide on East end of said tract for road purposes lying in Hennepin County, Minna An undivided 2 /21sts interest in the following described real estate, in fee: An undivided 1/2 interest in the following described property: Commencing on the South line of Section 32, Township 28, Range 24 52 112 rods Nest of the South quarter post said Section, thence North and parallel with the center line thereof 80 rods to the North line of the South 1/2 of the Southwest 1/4, said Section; thence West along said North line 27 reds; thence: South and parallel to the center line 80 rods to the South litre of said Section; thence continuing South through the.North 1/2 of the Northwest 1/4 of section 5, Township 27, Range 24 and parallel with the center line thereof 66.8 rods to the South line of said North 1/2; thence East along said South. line 27 rods thence North to beginning, containing 25 acres more or less. An undivided 1/2 interest in the following described property: Commencing on the South line of Section 32, Township 28, Range 24 21 3/4 rods West of South quarter post said Section thence North and parallel with North and South center line said section 80 rods to North line of the South 1/2 of Southwest 1/4, said Section; thence West along said North line 30 1/3 rods; thence South and parallel to center line 80 rods to South line of Section; thence continuing South through North 1/2 of Northwest 1/4 of Section 5, Township 27, Range 24, and parallel with center line thereof 67.4 rods to South line of said North 1/2; thence East along said South line 30 1/3 rods; thence North to the place of beginning, containing 28 acres more or less. An undivided 112 interest in the 'following described property: The Northeast 1/4 of Northeast 1/4 of Section 7 and the Northwest 1/4 of the Northwest 1/4 of Section 8, all in Township 27, Range 24 containing 80 acres. The Northeast 1/4 of Southwest 1/4 and Southeast 1/4 of Northwest 1/4 and West 1/2 of Southeast 1/4 of Southwest 1/4 of Section 5, Township 27, Range 24, containing 100 acres more or less. Assigned to said mother the whole thereof in fee. In the Matter of the Probate Court, Hennepin County. Estate Minnesota, Case No. 19418 23A. of Certified Copy Decree for John Gnerer Decedent Correction and Amendment of Doc. No. 2109663 Defective Probate Proceedings Dated September 30, 1941 Filed October 2, 1941 I Book 15.56 of M ise -. ; page 67 That a legal description in Decree of Descent made May 10, 1938 is erroneous and incorrect in this, to-wit: That a portion of the fourth line of the 2nd paragraph of the legal description reads "52 1/2 rods West" and said portion of said description shoulkl read, "52 1/12 rods", Ordered adjudged and decreed that said Decree of Descent be and the same hereby is, corrected, modified and amended in the particulars -( COPPTINUED ) r (No. 23A•Continued) 1�: as follows, to -wit: By striking from the fourth Line of the second paragraph of the legal description, the figures "52 1/2" and inserting therein the figures "52 1/12" instead. It i2 further ordered,., that said property is hereby assigned and distrib t-cd to the same persons and in the same proportions as in said original Decree, and that this instrument operate as the amendment the_ ^eto. Henry Gnerer., single Quit Claim Deed 24. to Dated December 31, 2.936 Barbara Gnerer Filed October 2, 1.941 Doc. No. 2109666 Book 1556 of Deeds, page 71 Consideration $1.00 etc. The North 10 acres of the North- east 1/4 of the Northwest 1/4 of Section 8, Township 27, Range 24, Right is reserved. to vendors of 1 rod wide on Fast end of said tract for road purposes. All other real estate in the County of Hennepin, State of Minnesota described. as follows, to -wit: An undivided 1/2 interest in the following described property: Commencing on the South line of Section 32, Township 28, Range 24, 52 1112 rods West of the South Quarter post said Section; thence North and parallel with the center line thereof 80 rods to the North line of the South 1/2 of the Southwest 1 /h, said Section; thence West along said North line 27 rods; thence South and parallel to the center line 80 rods to the South line of said Section; thence continuing South through the North 112 of the Northwest 1/4 of Section 5, Township 27, Range 24 and parallel with the center line thereof 66.8 rods to the South line of said North 1/2; thence East along said South line 27 rods; thence North to beginning, containing 25 acres more or less. An undivided 1/2 interest in the following described property: Commencing on the South line of Section 32, Township 28, Range 24 21 3/4 rods West of South Quarter post said Section; thence North and parallel.with North and South center line said section 80 rods to North line of the South 1/2 of Southwest 1/4, said Section; thence West along said North line 30 1/3 rods; thence South and parallel to center line 80 rods; to South line of Section; thence continuing South through North 1/2 of Northwest 1/4 of Section 5, Township 27, Range 24, and parallel with center line thereof 67.4 rods to South line of said North 1/2; thence East along said South line 30 1/3 rods; thence North to the place of beginning, containing 28 acres more or less. An undivided 1/2 interest in the following described property: The Northeast 1/4 of Northeast 1/4 of Section 7 and the Northwest 1/4 of the Northwest 1/4 of Section 8, all in Township 27, Range 24, containing 80 acres. Northeast 1/4 of Southwest 1/4 and Southeast 1/4 of Northwest 1/4 and West 1/2 of Southeast 1/4 of Southwest 1/4 of Section 5, Township 27, Range 24, containing 100 acres more or less. Mike Gnerer, single Quit Claim Deed 25. to Dated Dec. 31, 1936 Barbara Gnerer Filed Dec. 6, 1940 Doc. No. 2066162 Book 1493 of Deeds, page 27 Consideration $1.00 etc. The North 10 acres of the Northeast I/4 of the Northwest 1/4 of Section 8, Township 27, Range 24 Right is reserved to vendors of 1 rod wide on Fast end of said tract for road purposes. All other real estate being in the County of Hennepin, State of Minnesota, described as follows, to-wit: An undivided 1/2 interest in the following described property: Commencing on the South line of Section 32, Township 28, Range 24 52 1/2 rods West of the South 1/4 post said Section; thence North and parallel with the center (CONTINUED) jo (No. 25. Continued) i line thereof 80 rods to the NorrA'h line of the South 1/2 of the Southwest 1/4 said Section; thence West along said North line 27 rods; thence South and parallel to the center line 80 rods to the South line of said Section; thence continuing South through the North 1/2 of the Northwest 1/4 of Section 5, Township 27, Rar,ge 24, and parallel with the center line thereof 66.8 rods to the South line of said North 1.12 thence East along said South line 27 rods; thence North to beginning, containing 25 acres more or less. An undivided 1/2 interest in the following described property: Commencing on the South line of Section f 32, Township 28, Range 24 21 3/4 rods 'nest of South 1/2 post said � Section; thence North and parallel with North and South center line of said Section 80 rods to North line of the South 1/2 of Southwest 1/4, said Section; thence West along, said North line 30 1/3 rods; thence South and parallel to center line 80 rods to South line of Section; thence continuing South through North 1/2 of Northwest 1/4 of Section 5, Township 27, Range 24, and pF.tirall.el with center line thereof 67.4 rods to South line of said North 112; thence East along said South line 30 1/,3 rods; thence North to the place of beginning, containing 28 acres more or less. An undivided 112 interest in the following described property: The Northeast 1/4 of Northeast 1/4 of Section 7 and the Northwest 1/21 of the Northwest 1/4 of Section 8, all in Township 27, Range 24, containing 80 acres Northeast 1/4 of Southwest 1/4 and Southeast 1/4 of Northwest 1/4 and West 112 of South- east 1/4 of Southwest 1/4 of Section 5, Township 27, Range 24, containing 100 acres more or less. Josephine Gnerer, single Quit Claim Deed. 26. to Dated December 31, 1936 Barbara Gnerer Filed October 2, 1941 Doc. No. 21o9665 Book 1556 of Deeds, page 70 Consideration $1.00 etc. Same description as in Entry No. 17. Rosie Gnerer, single Quit Claim Deed �7, to Dated Dec. 31, 1936 Barbara Gnerer Filed October 2, 1941 Doc. No. 2109668 Book 1556 of Deeds, page 74 Consideration $1.00 etc. Same description as in Entry No. 17. Christ Gnerer, single 28. to Barbara Gnerer Doc. No. 2109667 Quit Clait,i Deed Dated Dec. 31, 1936 Filed October 2, 1941 Book 1556 of Deeds, page 73 Consideration $1.00 etc. Same description as in Entry No. 17. Helen Gnerer, single 29. ' to Barbara Gnerer Doc. No. 21o9664 Quit Claim Deed Dated December 31, 1936 Filed October 2, 1941 Book 1556 of Deeds, page 69 Consideration $1.00 etc. Same description as in Entry No. 17. Joseph Gnerer Quit Claim Deed Katherine Gnerer, Dated June 8, 1938 his wife Filed Nov. 25, 1938 30. to Book 1483 of Deeds, page 73 Barbara Gnerer Consideration $1.00 etc. Doc. No. 1954372 Commencing on the South line of Section 32, Township 28, Range 24, 21 3/4 rods West of South quarter post, said Section; thence North and parallel with North and South center line said Section 80 rods to North line of the South 1/2 of Southwest 1/4, said Section; thence West along said North line 30 1/3 rods; thence South and parallel to center line 80 rods to South line of Section; thence continuing South through North 1/2 of Northwest 1/4 of Section 5, Township 27, Range 24, and parallel with center line thereof 67.4 rods to South line of said North 1/2; thence East along said South line 30 1/3 rods; thence North to the place of beginning, containing 28 acres more or less. i Quit Claim Deed Dated December 31, 1936 Filed October 2, 1941 Book 1556 of Deeds, page 69 Consideration $1.00 etc. Same description as in Entry No. 17. Joseph Gnerer Quit Claim Deed Katherine Gnerer, Dated June 8, 1938 his wife Filed Nov. 25, 1938 30. to Book 1483 of Deeds, page 73 Barbara Gnerer Consideration $1.00 etc. Doc. No. 1954372 Commencing on the South line of Section 32, Township 28, Range 24, 21 3/4 rods West of South quarter post, said Section; thence North and parallel with North and South center line said Section 80 rods to North line of the South 1/2 of Southwest 1/4, said Section; thence West along said North line 30 1/3 rods; thence South and parallel to center line 80 rods to South line of Section; thence continuing South through North 1/2 of Northwest 1/4 of Section 5, Township 27, Range 24, and parallel with center line thereof 67.4 rods to South line of said North 1/2; thence East along said South line 30 1/3 rods; thence North to the place of beginning, containing 28 acres more or less. 'r 0 Barbara Gnerer, widow Warranty Deed 31. to Dated May 1, 1943 Percy B. McGowan and Filed May 5, 1943 Blanche E. McGowan, Book 1571 of Deeds, page 538 husband and wife Consideration $1.00 etc. as joint tenants That part of the Southeast 1/4 Doc. No. 2181662 of Southwest 1/4 of Section 32, Township 28, Range 24, and that part of the Northeast 1/4 of the Northwest 1/4 of Section 5, Township 27, Range 24, described as follows, to -wit: Commencing on South line of Section 32, Township 28, Range 24, 21 3/4 rods West of the South 1/4 post, said Section; thence North and parallel with North and South center line of said Section 80 rods to North line of South 1/2 of Southwest 1/4, said Section; thence West along said North line 30 1/3 rods; thence South and parallel to center line 80 rods to South line of Section; thence continuing South through North 1/2 of Northwest 1/4 of Section 5, Township 27, Range 24, and parallel with center line thereof 67.4 rods to South line of said North 1/2; thence East along said South line 30 1/3 rods; thence North to place of beginning, excepting therefrom the following parcel of land; the North 330 feet of East 188 feet of West 30 4/12 rods of the East 52 1/12 rods, situate in Hennepin County, Minnesota. Barbara Gnerer Affidavit 32. to Dated May 5, 1943 Whom it Concerns Filed May 5, 1943 Doc. No. 2181521 Book 426 of Misc., page 354 Barbara Gnerer, being first duly sworn, upon oath deposes and says that she is the person named as grantor in that certain instrument dated May 1, 1943 and filed for record on May 5, 1943, as Doc. No. 2181520 in the office of the Register of Deeds of Hennepin County, Minnesota, relating to the following described real estate in said County; Tract B: That part of the Southeast 1/4 of Southwest 1/4 of Section 32, Township 28, Range 24, and that part of the Northeast 1/4 of the Northwest 1/4 of Section 5, Township 27, Range 24 described as follows, to -wit: Commencing on South line of Section 32, Township 28, Range 24, 21 3/4 rods West of the South 1/4 post, said Section; thence North and parallel with North and South center line said Section 80 rods to North line of South 1/2 of Southeast 1/4, said Section; thence West along said North line 30 1/3 rods; thence South and parallel to center line 80 rods to South line of Section; thence continuing South through North 1/2 of Northwest 1/4 of Section 5, Township 27, Range 24, and parallel with center line thereof 67.4 rods to South line of said North 1/2; thence East along said South line 30 1/3 rods; thence North to place of beginning, excepting therefrom the following parcel of land the North 330 feet of East 188 feet of West 30 4/12 rods of the East 52 1/12 rods, all according to the United States Government Survey thereof, and situate in Hennepin County, Minnesota. That affiant is a citizen of the United States of America, is 66 years of age, by occupation a farmer and housewife, with place of business at Bloomington, Minnesota, and for the 10 years last past has resided on the farm at Bloomington, Minn. That affiant has never been a party to any proceedings in Bankruptcy, Divorce, insanity or incompetency and there are no unsatisfied judgments of record against her in any courts, State or Federal; that she has never been and is not now the recipient of any Old Age Assistance; that any judgments, bankruptcy, or Old Age Assistance Liens of record against parties with same or similar names are not against her. That affiant knows the matters herein stated and makes this affidavit for the purpose of inducing the passipg of the title to the premises heretofore described, free and clear of all judgments and Old Age Assistance Liens, and questions of citizen- ship, marital status, competency and bankruptcy. rI u Percy B. McGowan and Mortgage Blanche E. McGowan, Dated Feb. 16, 1945 husband and wife Filed Feb. 20, 1945 33. to Book 2199 of Mtgs., page 606 Eberhardt Company To secure $5,000.00 (Minnesota Corporation) Doc. No. 2275124 Eberhardt Company Assignment of Mortgage (Minnesota Corporation) Recorded in Book 2199 of Mtgs., (Corporate Seal) page 606 as Doc. No. 2275124 34. to (See No. 33) Ward H. Benton Dated March 15, 1945 Doc. No. 2429229 Filed March 17, 1947 Book 2262 of Mtgs., page 192 Consideration $5,000.00. Ward H. Benton Satisfaction of Mortgage 35. to Recorded in Book 2199 of Mtgs., Percy B. McGowan and page 606 (See No. 33) wife Dated July 22, 1948 Doc. No. 2515129 Filed Judy 23, 1948 Book:2363 of Mtgs., page 575 McGowan Excavation & Articles of Incorporation Grading Company Dated Dec. 19, 1947 36. to Filed December 26, 1947 Whom it Concerns Book 543 of Misc., page 229 Doc. No. 2481715 The duration of this corporation shall be perpetual. f Percy B. McGowan and Quit Claim Deed Blanche � . McGowan, Dated December 29, 1947 his wife Filed December 30, 1947 37. to Book 1815 of Deeds, page 540 McGowan Excavation & Consideration $1.00 etc. Grading Company The North 1/2 of the Southeast (Minnesota Corporation) 1/4 of the Northwest 1/4 of Doc. No. 2482709 Section 5, Township 27, Range 24. That part of the Southeast 1/4 of the Southwest 1/4 of Section 32, Township 28, Range 24, and that part of the Northeast 1/4 of the Northwest 1/4 of Section 5, Township 27, Range 24, described as follows, to -wit: Commencing on the South line of Section 32, Township 28, Range 24, 21 3/4 rods West of the South quarter post, said Section; thence North and parallel with North and South center line said Section 80 rods to the North line of the South 1/2 of the Southwest 1/4, said Section; thence West along said North line 30 1/3 rods; thence South and parallel to the center line 80 rods to the South line of Section; thence continuing South through the North 1/2 of the Northwest 1/4 of Section 5, Township 27, Range 24, and parallel with center line thereof 67.4 rods to the South line of said North 1/2; thence East along said South line 30 1/3 rods; thence North to the place of beginning, excepting therefrom the following parcel of land, the North 330 feet of the East 188 feet of the West 30 4/12 rods of the East 52 1/12 rods. Revenue Stamps $6.60. 0 McGowan Excavation & Grading Company (Minnesota Corporation) (Corporate Seal) 38. to Richard B. McGowan Doc. No. 2536478 McGowan Sand & Gravel Company 39. to Whom it Concerns Doc. No. 2519717 Richard B. McGowan 40. to McGowan Sand & Gravel Company Doc. No. 2536479 McGowan Sand & Gravel Company (Minnesota Corporation) 41. to Richard B. McGowan, a single man Doc. No. 2596465 Mapco Sand & Gravel Company, Inc. 42. to Whom it Concerns Doc. No. 2553447 Richard B. McGowan, a single man 43. to Mapco Sand and Gravel Company (Minnesota Corporation) Doc. No. 2596466 i Warranty Deed Dated August 9, 1948 Filed November 24, 1948 Book 1775 of Deeds, page 245 Consideration $1.00 etc. Same description as in Entry No. 37. Revenue Stamps $6.60. Articles of Incorporation Dated August 9, 1948 Filed August 18, 1948 Book 549 of Misc., page 274 The duration of this corporation shall be perpetual. Warranty Deed Dated August 9, 19 -- Ack. Aug. 9, 1948 Filed November 24, 1948 Book 1775 of Deeds, page 246 Consideration $1.00 etc. Same description as in Entry No. 37. Revenue Stamps $6.60. Quit Claim Deed Dated March 22, 1949 Filed November 25, 1949 Book 1831 of Deeds, page 381 Consideration $1.00 etc. Same description as in Entry No. 37. Articles of Incorporation Dated March 22, 1949 Filed March 30, 1949 Book 562 of Misc., page 162 The duration of this corporation shall be perpetual. Warranty Deed Dated March 22, 1949 Filed November 25, 1949 Book 1831 of Deeds, page 383 Consideration $1.00 etc. Same description as in Entry No. 37. 4 • State of Minnesota by Lis Pendens Miles Lord, its Attorney Case No. - -- General Dated Oct. 11, 1955 44. vs Filed Nov. 4, 1955 William A. Olson, Book 2898 of Mtgs., page 557 Mapco Sand and Gravel In the matter of the condemnation Company Inc., Macey Signs, Inc. of certain lands for trunk Heileman Brewing Co. Etal highway purposes. Notice is Doc. No. 2975897 hereby given that a proceeding has been commenced by the above named petitioner, the object of _ which is to acquire for trunk highway purposes the following described real estate situate in Hennepin County, Minnesota, to -wit: Parcel 13 S.P. 2732 (100= 52)902 All that part of the following described tract: The West 27 rods of the East 79 1/12 rods of the Northeast 1/4 of the Northwest 1/4 of Section 5, Township 27, Range 24, lying Southerly of Trunk Highway No. 5 as now located and travelled, Registered Land, Certificate No. 223454; also the Westerly 30 1/3 rods of the Easterly 52 112 rods of the Northeast 1/4 of the Northwest 1/4 of said section 5, lying Southerly of said Trunk Highway No. 5; which lies Northerly of a line running parallel with and distant 175 feet Southeasterly of the following described line: Beginning at a point on the Westerly line of section 6, Township 27, Range 24, distant 1079 feet South of the Northwest corner thereof; thence running Easterly at an angle of 85 021' with said West section line (measured from South to East) for 551.6 feet; thence deflect to the left at an angle of 3 029' for 4553.1 feet; thence deflect to the left at an angle of 23 026'30" for 1046.1 feet; thence deflect to the right on a 0 030' curve (delta angle 21 °53130 ") for 1900 feet and there terminating; containing 8.60 acres, more or less. Names of parties interested in said land and nature of interest: Name Nature of Interest Mapco Sand and Gravel Co. Inc. Fee Macey Signs, Inc. Sign Heileman Brewing Co. Sign (Other property not in question not recited herein) The Council. of the Certified Copy of Amendment of Village of Edina the Ordinance of the Village of 45. To Edina Hennepin 19 y, * .� �Jhe >z:z It Concern � pirz �,� °az"zt _�Ti�zn,,;��ta Dated April. 8, 1952 Doc. No. 2745385 Filed April $, 1952, 3:45 p.m - Book 641 of Misc., page 45 The Council of the Village of Edina, Hennepin_ County, 1,111innesota, do ordain as fellows: Section 1. Section III, paragraph (c) of the zoning ordinance of the Village of Edina, Hennepin County, Minnesota, passed by ulr e council of said Village on the 25th day of May, 1931, and thereafter amended., is hereby fur ;,her amerlded as follows: Section III (c), No land shall be platted or subdivided which, at the time of application for approval of the plat, is provided with public z:ater and sewer connections or in which public water or „ewer connoct,ions are contemplated unless such plat or subdivision meets all of the following mi:ii.mum requirer<: ,nts: 1. each lot shall have a frontage on a public street—of not less than 75 feet. 2. The average mini.nu�z depth of all the lots in the proposed plat or subdivision shall be not less than 120 fee- 3. The area of each lot in the proposed plat or subdivision shall be not less than 8,250 square feet. No land shall be platted or subdivided which., at the trlme of application for approval of the plat, is riot provided with Public water and sei er connections and in which public water, or connections are not con.t mp. -Iated u:rless such plat cr subd .vi; ian neets all of the fC)., i :'ig.rig Itli,rliIll +�?. "Ii r'CtC #1'3"nt,'I7 "'U; 1. Each lot' shall. have a frontage on a public street of not less than 90 feet. 2. The average minimum depth of all the lots in the proposed plat or subdivision shall be not less than 125 feet. 3. The area of each lot in the proposed plat or subdivision shall. be not less than 11,250 square feet. All lots contained in land hereafter platted or subdivided shall have side lines as nearly as practical at right angles to the street line. Section II. This ordinance shall take effect and be in force from and after its adoption. Passed by the Village Council this 22 day of October, 1951. That the above ordinance was passed pursuant to the authority of Minnesota Statutes, Section 471.26 et seq. and that with such regula- tions in force, by virtue of Minnesota Statutes, Section 471.29. Subdivision 2, no conveyance of land in which the land conveyed is described by metes and bounds or by reference to a plat made after such regulations become effective which is not approved as provided by statute, shall_ be made or recorded if the parcel described in the conveyance is less than two and 1/2 acres in area and 150 feet in width unless such parcel is a separate parcel of record at the time of the adoption of the above ordinance or unless an agreement to convey such smaller parcel has been entered into prior to such time and the instrument showing the agreement to convey is recorded in the office of the Register of Deeds within one year thereafter. Any owner or agent of the owner of land in the Village of Edina who conveys a lot or parcel in violation of this statute shall forfeit and pay to the Village of Edina a penalty of not less than $100.00 for each lot or parcel so conveyed and such conveyance may be enjoined. The Council. of the Certified Cop, of Amendrntent of Village of Edina the Ordinance of the Villa e of 45. To Edina Hen in omit "�' u >r Whom It Concerns , p y, _ innesrjt,a. Dated April $, 1952 Doc. No. 2745385 Filed April 8, 1952, ? , 3.• 1L5 p.rin - Book 641 of Misc., page 45 The Council of the Village of Edina, Hennepin County, via.nnesota, do ordain as follows: Section 1. Section III, paragraph (c) of the zoning ordinance of the Village of Edna, Hennepin County, Minnesota, passed by the council of said Village on the 25th day of May, 1.931, and thereafter amended., is hereby further a?iiended as follows: Section III (c) . No land shall be platted or, subdivided which, at the time of application for approval of the plat, is provided with public ti =; ester and sewer connections or in which public water or sewer connections are conteTaplated unless such plat or subdivision meets all of the following mi111mum l °equireleit,nts 1. Each lot shall have a ir'ontage on a public street -of not 1.,;ss than 75 feet. 2. The average I7iini Trt�q depth of all the lots in the propvsec,, plat or subdivision shall. be not less than 120 feet 3. The area of each lot in the proposed plat o. r subdivision shall be not less than 8,250 square feet. No Land shall be platted or subdivided which, at the t "T'Ze of application for approval of the plat, is riot provided with public water and sewer connections and in whicli public crater, or seYx',,r Connections are rit)t• cont zmplated unl3ss such -plat or sl.+bd .vi_;;ion r"!eets alil O tile' f ' ' ;z: i i o -il it _ '- b,. i. �s� I� i "� )'I mum r' .{ !, t..a?r.-.'ni. : 1. Each lot shall. hav-e ha -e a frontage on a public street of not less than 90 feet. 2. The average minimum depth of all the lots in the proposed plat or subdivision shall bo not less than 125 feet. 3• The area of each lot in the proposed plat or subdivision shall. be not less than 111250 square feet. All lots contained in land hereafter platted or subdivided shall have side lines as nearly as practical at right angles to the street line. Section II. This ordinance shall take effect and be in force from and after its adoption. Passed by the Village Council this 22 day of October, 1951. That the above ordinance was passed pursuarTt to the authority of Minnesota Statutes, Section 471.26 et seq. and that with such regula- tions in force, by virtue of Minnesota Statutes, Section 471.29. Subdivision 2, no conveyance of land in which the land conveyed is described by metes and bounds or by reference to a plat made after such regulations become effective which is not approved as provided by statute, shall be made or recorded if the parcel described in the conveyance is less than two and 1/2 acres in area and 150 feet in width unless such parcel is a separate parcel of record at the time of the adoption of the above ordinance or unless an agreement to convey such smaller parcel has been entered into prior to such time and the instrument showing the agreement to convey is recorded in the office of the Register of Deeds within one year thereafter. Any owner or agent of the owner of land in the Village of Edina who conveys a lot or parcel in violation of this statute ;hall forfeit and pay to the Village of Edina a penalty of not less than $100.00 for each lot or parcel so conveyed and such conveyance may be enjoined. The.Viliage Council Certified Copy Ordinance No. 26 of the Village of Edina Adopted June P 82 1959 46.. To Filed April 6, 11 -962 1A,Ph o m It Concerns B o o k. of Misc., page Doe. No. 3340754 An Ordinance Prescribing Pro- cedure For the Approval of PI&4-5, Requiring Payment of a Fee and Imposing C3 Gtbqr Requirements, Including the Making of Necessary Improvements in Lands Previously Not Platted. The Village Council of the Village of Edina, Minnesota Ordains: Section 1. Filing Plats: Fee, All, lets presented for approval of the Village Council shall be filed wig the Village Manager and shall be accompanied by payment of a plat filing fee which shall be charged by the Village for services to be rendered by employees of the Village in processing the proposed plat. The amount of such uch fee shall $25-00, Plus $1.00 for each lot in the plat, but not to exceed a maximum fee Of $100-00. Failure of the Council to approve the plat shall not entitle the person who paid the fee tolthe return of all or any part thereof; provided, however, that the pay jmient of such fee be z'aquired only as to plats filed after the date this ordinance becomes effective. Section 2. Street and Lot Grades; Park Dedication. Every plat of previously unsubdivided land, or replat of platted land which requires the dedication of a new street, or a change in an exist- ing street, shall not only comply with all applicable provisions of state law and the Zoning Ordinance (No. 261) of the Village, but shall also show thereon the grade of all streets and the mean grade of the front and rear lines of each lot". In every plat of land riot previoiisly subdivided and to be developed for residential purposes a portion ol , such land of suffic ' ent size and character shall be set aside and dedicated to the public for public use a:s parks and playgrounds. Section 3. Report on Plat. The Village Ylanager and the Planning COMIRission shall ex.=ine each plat and report thereon in writing to the Council as to the following matters: ( a the accuracy, of all measurements and gy-ades show,11 the ln reo, and (d the suitability of the plat from the standpoint of cozArunity planning. In the CaBe of the plats mentioned in Sect ion- 2. report shall also be made as to the following matters: (c) the. adequacy Of streets and conformity thereof with existing, and planned streets and highways in surrounding areas. W the suitability of street grades in relation to th6• grades of lots and existing or future extensions of the Village's water and storm and sanitary sewer systems. (e) where dedication of such land is required,' the sufficiency" of land dedicated for Park and playground use, and the recommendation of the Park Board regarding such dedication of land. M the estimated cost (including engineering and inspection ex- penses) of grading, gravelling and permanently surfacing streets, in- stalling street signs, and constructing any storm sewers which way be necessary, and (�) the estimated cost (including engineering and inspection Q*X- 5s penes , of constructing sanitary sewers and water mains adequate to serve ,all lots in the plat, provided the connection of such sewers anra watermains to th,- Village sewer and waters ystem; is feasible. However, the owner of the land incl. I ude'd in the plat, or his agent- ,4. in l t --ieu of having the forc0:1.ng COSUS estim,-;acted -ed by the Village, may employ at his expense, a p engineer to prep. -a ,�7 preliminary plans and estir i'71tC,'S Of COST, Of 161110 necessary and submit a written, itemized report thereof to the Village Manager., Advance notice of the enipioyGent of such engineer shall be given to the Ville-ge Manager upon filing of the plat. (continued) - (No. 46. colitlinued) Scct.ion 1�. A Action by Council. tho re "t Ova the pl.at an `1 sh�-,,11 be trans7mittad to the �"QILMC-Ll for ap roval., The Council"M IP i of fay (a) grant P�relir,inarlr approva I j lats wantionoC, in Section 2) oxl- (bi Ez-an4", J`Jnal o othe_r L�Iats; (c) refer the. p2,-I�C- for f tjr Jatb Village k,her repo-- to thG appropr.-L Officers or departzaen,- s, or (d) t?,C, � I , plat Plats Given Preliminary Approva;-A h 4� approval has bra�ejj giV,E,,,, to a plat) the person who lte cause a3.1 street filed such plat shall water and sewer I,equjy, 4'. ,ed by the report thereon to be completed, at his own expe.-ise and under the supervj.sjor, Of tile Village Enginee-r, or in lieu of �-uch improvements, he shall sign a subdivision fiinanc-n U I formance thereof'. g agreement and file FA Dond to assure per- the plat the: Such to be madie between the person filing ..a shall obli-Late the r'O"sOn filing the plat to repay to the Village a,l costs 4. thereof, throuZ11 D-jent 0, 5p6cial FAssessMents or ct' y- herwi,se, at least one-th.i.rd 'n each of three years the last PaYme2it to be made 'not later than Decomilb,"" from the Ycar in which spe� er 31 of the third year cial assessments for su.dh ii-riprovements arc lev.-TLed; Provided, however, that the V41i.ac-0 shall C not be obligated to enter into agreement if the devei"O".)e does not file a bond as hereinafter described or if tile Village llage,"Co`unci]. deteamiines thecilo- the Village axist bL)2.(,•ovi money to pay its cc)St-s C)- I c0listructIon under such V-8-reemenla and such borrov"Ingl will jeopard-JI_,-,e'tjje village's cr.dit rating. Such agreement also provide that if-' 0 'z"' special assessmentp have been levie.d fox, t" he making of such C> IMP-ovements against any lot in the plat and revzaia ti.npa.id upon the tz-� d-Ltsfex- cf title to such lot they chall I)e paid or prepad.d 9 in full-to t!":-) TI-eac-Urer and the County Treasv�rer of I'Lonnepin Iountv. The bond herein -,'equdarod shall be g-IX-On by thf-,, developer with a Corporation approved by"thf.-i k"."Ouncil as SUI,e,ty thereon, in the fu-11 amount of all costs of making the improversefy s sx)eci D the sub- X 1-ed i . t division financing agreement not paid in cash by the developer before or at the time of entering into such agreement, and shall, be given for the Securing to the Village the payment of all stick, costs within the period specified in such agreement. Section 6. Final. Approval. of Plat. When za plat has been given preliminary approval by the Council and the re,'jiffred improvements been completed, subdivis,iol-I financing agreeiztant executed, or bond fur- nished as herein required, the Village !vIp_jjcjg(, s1l,-Ill submit a supple- mentary report thereon with the plat to t1).e Council for final approval. Section 7. Street Maintenance. Until a st-C-et in a plat has been completed in accoz-dance with the plans and specifications approvod by the Villag a, and the Village Engineer has certIfied as �o such com- Pletion, the oz%me2- shall. keep such street, if Used for public travel, in a safe condition for such use, at his own expense. The Village shall not be chargeable with the cost of or the respon'sibility for the maintenance of such street until the completion of such street has been so certified. Section 8. App-1 L ica-Lio'n. Except as herein OthGMIise provided, this ordinance shall apply to all plats heretofore filed but not yet gi vver. peel Jinunary approval by the Village Council, and to all plats hereaftcr filed. Section 9. Effective dral.-,e. This ordinance shall be in fu1.1. aDd'eff-'ect upon itpj passage and publication as provided by law. The Village j Council Certified Copy of Resolution of the Village of Edina Adopted Jan. 27, 1958 47, to Filed April 6, 1962 Whom It Concerns Book of ;N14 - sc., page Doc. No. 3340756 Resolution Declaring Policy as to Approval of Plats and Conditional Upon the Installation of Water and Sanitary and Storm Sewer Improve - ments. Resolved by the Council of the Village of Edina, Minnesota, that the policy of the Village with reference to the approval of flats of new subdivision within the Village limits is hereby declared to be as follows: 1. No plat filed as a preliminary plat with the Planning Commis- sion after September 1, 1957, and no plat submitted to the Council for the final approval after April 10, 1958, shall be approved unless and until the person, firm or corporation submitting such plat shall have fully complied with the requirements set forth in subdivision (a) or (b) below. (a) All lateral water mains, all lateral sanitary sewers, and any storm sewer and drainage facilities and structures within the platted area which are necessary to provide adequate water and sewer service and adequate drainage for such area must have been constructed and in- stalled without expense to the Village, and there shall be filed with ., c final plat adequate proof that .a ( I costs of such construction and Installation have been paid in full. (b) In lieu of the above, there may be filed with the plat a bond in the amount and with surety and conditions to be approved by the Council, securing to the Village the actual construction and installa- tion of said improvements without cost to the Village and within a period designated by the Council and expressed in the bond, and the payment of all costs thereof. 2. The requirements of paragraph I as to lateral water or sewer mains may be waived by the Council in the case of plats or subdivisions in locations to which the municipal water or sewer system is not to be extended within a reasonable time, provided that the requirements thereof relating to storm sewer and drainage facilities shall have been fully complied with, and the platted lots are of the size required to permit individual water and sewage disposal facilities to be constructed to established standards. 3. Any or all of the requirements of paragraph l may be waived by unanimous vote of the members of the Council at a meeting duly held, in the case of a replat of a previously approved subdivision which does not provide for a new public street and does not increase the. original number of platted lots. 4. No plat will be approved after the date of this resolution ex- cept upon the conditions above set forth, unless the same was filed with the Planning Commission as a preliminary plat on or before September 1, 1957, and is submitted to the Council for final approval on or prior to April 10, 19581 and, at the discretion of the Council is accompanied by a written agreement executed by the person, firm or corporation sub- mitting the plat, effective upon acceptance by the Council to pay to the Village a sum fixed by the Council, estimated to be sufficient to (continued) (Entry No. 47. Continued) pay the cost of all improvements of the types described in paragraph I which the Village determines to construct and install within the sub- division; such payment to be made in cash or in installments extending over a period not exceeding three years from the time of such con- struction and installation. The Village will reserve the right to levy special assessments in an amount equal to the .cost of said improve- ments, upon the properties especially benefited thereby, but payments recieved under any such agreement will be credited by the Village against the special assessments levied therefor. The provisions of this paragraph-shall in no event be construed as applying to any plats ap- proved by the Council prior to the date of this resolution. Ak • Village Council Certified Copy Ordinance No. 263A Village of Edina Dated Jan. 10, 1966 48. to Filed Jan. 19, 1966 11hom it Concerns Book of Misc., page Doc. No. 3588147 An Ordinance Constituting the Council as the Platting ,authority of .the Village, Prescribing the Procedure for the approval of Plats of' Subdivisions, Regulating Plats and Subdivisions, and Providing For belief in Cases of Hardship. The Village Council of the Village of Edina, Minnesota, Ordains: Section 1. Platting Authority to Approve Plats. The Village Council shall serve as the Platting authority of the Village in accordance with Minnesota Laws of 1965, Chapter 670, Section 8 (Minn. St., Sec. 462.35$). No plat, replat or subdivision of land in the Village shall be filed or accepted for filing by the Hennepin County Register of Deeds unless it is accompanied by a certified copy of a resolution adopted by the favorable vote of a majority of the members of the Village'Council approving such plat, replat or subdivision. Section 2. Filing Plats- Fee. All plats presented for the approval of the Village Council shall be filed with the Planning Department and shall be accompanied.by payment of a plat Filing fee which shall be charged by the Village for services to be rendered by employees of the Village in processing the proposed plat. The amount of such fee shall be $25, plus $1 for each lot in the plat, but not to exceed a maximum fee of $100. Rejection of the plat by the Council shall not entitle the person who paid the fee to the return of all or any part t;iereof. Section 3. Plats to Comply with Law and Zoning Ordinance. (a) Every plat, replat or subdivision of land shall comply with all applicable provisions of state law and the Zoning Ordinance (No. 261) of the Village. (b) Every plat of previously unsubdivided land, or replat of platted land which requires the dedication of a new street or a change in an existing street, shall also show thereon the grade of all streets and the mean grade of the Front and rear lines of each lot. Section 4. Dedication of Land For Parks. In every plat of pre- viously unsubdivided land to be developed for residential use, a reasonable portion of such land shall be set aside and dedicated to the public for public use as parks and playgrounds, but in lieu thereof the subdivider may at his option contribute to the Village an amount of cash equal to the value of the land otherwise required to be dedicated for parks and playgrounds. a "ony money so paid to the Village shall be placed in a specic-I Fund and used only for the acquisition of land for parks and P I aym-o sands . Section 5. Report on Plat. The Planning Commission with the assistance of the Planning Department shall examine each plat and report and make a recommendation thereon in writing to the Council as to the following matters: (a) the acquracy of all measurements and grades shown thereon, and (Continued) -0 (Entry No. 48. continued) • (b) the suitability oi- the pint from the standpoint of community planning. In the cose of the plats mentioned in Section 3 (b), report shall also be made as to the following matters,. (c) the adequacy of streets and conformity thereof with existing and planned streets and highways in surrounding areas, (d) the su-Aiibillty of street grades in relation to the grades of lots -and ex- L st-ng or future extensions of the Village's water and storm 'L and sanitary sewer systems, (e) where dedication of land is required, the sufficiency of land dedicated for park and playground use, and the recommendation of the Park Board regarding such dedication of land, M the estimated cost (including engineering and inspection expenses) of qrad'Ing, qrcveli]'-n9 and permanently surfacing streets, installing street signs, and constructing any storm sewers which may be necessary, -ind the estimatacl.' cost engineering and inspection expenses) of constructing sanitary sewers and,water mains adequate to serve all lots in the plat, provided that connection of such sewers and water mains to the Village sewer and water systems is feasible. However, the owner of the land -included in the plat, or his agent, in li.Au of h.-On-.r) the fereqoE no costs estimated by the Village, may employ at his expense, a reg--sterec." professionai engineer to prepare preliminary plans and estimates of cos,,-- of the necessary -Improvements and submit a written, itemized report thereon`- to the Planning Department. Advance notice of the employment of such engineer shall be given to the Planning Department upon filing ol' the plat. Section 6. Public.,He2ri_VD. �tt its next regular meeting after receipt of the report and recommendation of the Planning Commission on any plat, repliA or subdivision hereunder, the Village Council shall set a date For hearing thereon, which shall be not later than 60 days after the meeting. A notice of the date, time, place and purpose of the hearing shall be published once in the official newspaper at least ten days before the date of hearing. After hearing the oral or written views of all interested persons, the Council as the Platting Authority shall make its decision at the same meeting or at a specified Future meeting thereof. It may by resolution (a) grant preliminary approval of plats mentioned in Section 3 (b), with or without modification, (b) grant final approval of other plats, with or without modification (c) refer the plat to the !�nronriate Village officers or departments for further investigation and report to the Council Qt a specified future meeting thereof, !-r (d) reject the plat. Section 7. PI ts'.-Given Pre l--Iminc�ny-i I Tpr:ova I 1%;!hen preliminary approval has been given to a plat, the person who filed such plat shall cause all street, water and sewer improvements required by the resolution granting such approval to be completed, at his own expense and under (continued) 10 (Entry No. 48. continued) 0 the supervision of the Village Engineer, or in lieu of making such improvements, he shall sign a subdivision financing agreement and file a bond to assure performance thereof. Such agreement, to be made between the person filing-the plat and the Village, shall obligate the person filing the plat to repay to the Village all costs, thereof, through, payment of special assessments or otherwise, at least one -third in each of three years, the last payment to be made not later than December 31 of the third year from the year in which special assessments for such improvements are levied; provided, however, that the Village shall not be obligated to enter into such agreement if the developer does not file a bond as hereinafter described or if the Village Council determines that the Village must borrow money to pay its costs of construction under such agreement and such borrowing wall ,jeopardize the Village's credit rating. Such agreement shall also provide that if special assessments have been levied for the making of such improvements against any lot in the plat located in the Single Family Dwelling District and remain unpaid upon the transfer of title to such lot, they shall be paid or prepaid in full to the Village Treasurer and the County Treasurer of Hennepin County. The bond herein required shall be given by the developer with a corporation approved by the CounciP as surety thereon, in the full amount of all costs of making the improvements specified in the subdivision financing agreement not paid in cast, by the developer before or at the time of entering into such agreement, and shall be given for the securing to the Village the payment of al! such costs within the period specified in such agreement. Section 8. Final Approval of Plat. 1,Jhen a plat has been given preliminary approval by the Council and the required improvements have been completed, or subdivis -on financing agreement executed and bond furnished as herein required, the Village l4anager shall submit a sup - plamentary report thereon with the plat to the Council for final approval, which shall be given by resolution. Section 9. Filing Resolution. t. certified copy of every resolution adopted under this ordinance granting final approval of any plat shall be filed with the Register of Deeds of Hennepin County. VIhenever the plat so approved is of land within the municipality contiguous to another municipality, the resolution shall also be filed with the Clerk of such contigous municipality. Section 10. Street Haintenance. Until a street in a plat has been completed in accordance with the plans and specifications approved by the Village, and the Village Engineer has certified as to such completion, the owner shall keep such street, if used for public travel, in a safe condition for'such use, at his own expense. The Village shall not be chargeable with the cost of or the responsibility for the maintenance of such street until the completion of such street has been so certified. Section 11. This ordinance may be referred to as the Platting Ordinance of the Village. Section 12. This ordinance shall be in full force and effect upon its adoption and publication in accordance with law, including all portions (continued) 0 (Entry No. 48. continued) of this ordinance referring to hlAnnesota Laws of 1965, Chapter 670, notwithstanding that said chapter will not go into effect until January I, 1966. Section 13. Upon being made effective, a certified copy of this ordinance shall be filed with the Register of Deeds of Hennepin County. First Reading: December 20 1965. Second Reading: Waived. Adopted: December 20, 1965. (Signed Arthur C. Bredesen, Jr., Mayor Attest: (Signed) Florence B. Hallberg, Village Clerk. Published in the Edina- Morningside Courier December 23, 1965. 4k Village Council Village of Edina 49. to Wh«rn it Concerns Doc. No. 3688232 0 Certified Copy Ordinance No.263A 1 Dated F i led Novei�;ber 27, € 967 Book of Misc., pane An Ordinance Amending the Platting Ordinance of the Villtige by Requiring Underground Installation of Electric and Telephone Line,: The Village Council of the Village of Edina, Minnesota, Ordains: Section I. Sections , 61 7, 8, 9, 10, 11 and 12 or Ordinance No. 263A (Platting Ordinance of the Village are hereby renumbered Sections 6, 7, 8, 9, 10, 11, 12 and 13, respectively._ Section 2. Ordinance No. 263A is hereby amended by adding thereto a new sect ic:r 5 reading as foIIows: "Section $, i1 c9erc vuri�I I n�ta l l at i_on of _Electric and Te 1 e hone Wires A l l new electric distribution I i ne's (exc l ud i riq raa i n line feeders and high voltage transmission lines), telephone service lines, and services constructed within the confines of and providing service to customers in newly platted areas shall be installed underground unless the Council shall find, after ;study and recommendation by the Planning Commission, that (a) the placing, of utilities underground would not be compatible with the cteve l opm—ent. planned; (b) the additional cost of burying such utilities would create an undue financial hardship; or (c) unusual topographical, soil or other physical conditions make underground installation of such lines unreasonable or impratical. The platter shall submit to the Planning Commission a written instrument from each of the utilities showing, that the necessary arrangerrcnts have been made with the utility for the installation of said faci€ities" Section This ordinance shall be in full force and effect immediately upon its passane and publication. Section 4. Upon being made effective, a certified copy of this ordinance shall be filed with the Register of Deeds of Hennepin County. First Readina: October 16, 1967 Second Reading: November 6, 1967 Published in ttre Edina Courier, Nove mber mb r 9 + 19 6 7 (s i g ned ) Ar thur C • 8 ed`ser, + Jr , Mayor Attest: (signed) Florence S. Hallberg, Village Clerk QL The Village Council of the Certified Copy Ordinance No. 801 -I Village of Edina, Minnesota Dated - (Seal) Filed Dec. 18, 1970 50• uo Book 70 Hennepin County Records Whom it Concerns Page 3862421 (No. 263A -4 in ordinance arrangement. before 1970 codification) An Ordinance amending Ordinance Ito. 801 (263A) to require dedication of land for parks and open space and land or easements for protection of natural water bodies. The Village Council of the Village of Edina, Minnesota, Ordains: Section I'. Section 4 of Ordinance No. 801 (263A) of the Village, as amnended, is hereby amended to read as follows: "Sec. 4. Dedication of Ea:'d for Parks and Open Space and Dedication of Land or Easements for the Protection of Natural Wate=r Bodies. (a) to every plat, replat, or subdivision of land for residential use a reasonable portion of such land shall be set aside as open space land for the sole benefit, use and enjoyment of present and future lot or hoiv.eowners within the plat, replat or subdivision, and their guests, or shall be dedicated to the public for public use as parks and playgrounds. The Planning Commission shall determine which of these options is more appropriate and shall recommend to the Village of Edina one of the following procedures: (1) The open space land shall be conveyed by the tract owner or owners to a home owner's association or other similar nonprofit organization so that fee simple t i t l e shzn l l be vested it, such organization, provided %Fat suitable arrangements have been made for maintenance- of said land and any buildings thereon, and provided further, that an open space easement for said land shall be conveyed to the Village to assure that open space land shall remain open, or (2) The Open space land shall be dedicated by the tract owner or owners -to the general public for park and playground purposes. It, lieu of setting aside: or dedicating said open space, the tract owner or owners -at their option, may contribute to the Village an amount of cash equal to the value of the land otherwise required to be so set aside or dedicated. Any money so paid to the Village shall be placed in a special fund and used only for -the acquisition of land for parks and playgrounds. (b) Where any plat, repIat, or subdivision of land ad* oins a natural lake, pond, or stream, including streams which flaw only intermittently, a strip of land running along all sides thereof which are, contiguous to such lake, pond, or stream, which strip shall extend from a line not less than 50 feet uplandfrom the take, pond, or stream, as measured from the high water mark, and to and including the bed and water body of such lake, pond, or stream, shall be either(i) dedicated to the Village for Public use, or (ii) subjected to a per;aPtual easement in favor of the Village over and in said land and the bed and water body of such lake, pond or stream for the purpose of protectincg the hydraulic efficiency and the natural character and beauty of such lake, pond or stream. • The Planning Commission shall determine which of'these options is more appropriate and shall recommend to the Village Council one of said options. in either case there shall also then be granted to the Village the right of ingress to and egress from the said strip of land with men, equipment and material. Also, where the easement is determined to be in the best intevest of the Village, said easement shall also provide that the owners of the area as to which such easement is granted shall not make, do, or (Continued) W (Entry No. 50• continued) place, any fill, grading, improvement or development of any kind on or to such casement area, or raise the level of the easement area in any way, but all such right to fill, grade, improve and develop, and to raise the level of the easement area, shall be granted by said easement to the Village." Section 2. This ordinance shalt be in full force and effect upon its adoption and publication, and when effective shall be filed with the Off=ice of the Register of Deeds, Hennepin County, Minnesota, S Village Council Certified Copy Ordinance No. 801 -2 Village of Edina, Dated - -- Minnesota (Corporate Seal) Filed Dec. 18, 19'j0 51. to Book 70 of Hennepin County Whom it Concerns Records, page 3862122 (No. 263A -5 in ordinance arrangement before 1970 codification) An ordinance amending Ordinance No. 801 (263A) of the Village by providing for letter or credit to secure subdivision financing agreement and for recording of agreement. The Village Council of the Village of Edina, Minnesota, ordains: Section 1. Section 7 of Ordinance No. 301 (263.A) is hereby amended to read as follows: "Sec. 7. Responsibility for inprovements; subdivision financing agreements. In the case of plats situated within the Single Family Dvelling District, when preliminary approval has been given to such plats, the person who filed such plat shall cause all street, water and sewer improvements required by the resolution granting such approval to be completed, at his own expense and under the supervision of the Village's Director of Public Works and Engineering, or in lieu of making such improvements, he shall sign a subdivision financing agree- ment. Such agreement, to be made between the person filing the plat and the Village, shall obligate the Village to provide engineering services and construct the improvements, and obligate such person to pay to the Village the cost of such services and construction, through payment of special assessments, which shall be payable in three annual installments, provided, however, that the Village shall not be obligated to enter into such agreement if the developer does riot file a bond or deposit cash in escrow as hereinafter described, or does not deliver a Letter of Credit as hereinafter described, or if the Village Council determines that the Village must borrow money to pay its costs of construction under such agreement and such borrowing will jeopardize the Village's credit rating. Such agreement shall also provide that if the developer transfers any lot or parcel in the platted area while special assessments thereon remain unpaid, they will be paid or prepaid in full to the Village Treasurer or the County Treasurer. The agreement to pay special assessments at the time of transfer shall also be set forth in a separate agreement and recorded in the appropriate office at developer's expense to give notice to all future purchasers and owners. "The bond herein required shall be given by the developer with a corporation approved by the Village Council as surety thereon, in the full amount of all costs of making the improvements specified in the subdivision financing agreement not paid in cash by the developer before or at the time of entering into such agreement, and shall be given for the securing to the Village of the payment of the special assessments. "If the developer does not file such bond, he may in lieu thereof deposit in escrow in a national or state bank having an office in the Village cash in the full amount of the unpaid improvement costs, together with instructions to the bank to pay the money to the Village to the extent of any default by the developer in the payment of the special assessments. "The Letter of Credit herein authorized shall be delivered by the developer only if the Village Council agrees to accept it for the specific plat in lieu of such bond or cash escrow. Such Letter of Credit, if accepted, shall be from a national or state bank having an office in the Village, be for the full amount of the unpaid improvement costs, and contain provisions whereby funds will be paid to the Village upon written demand from time to time of the Village to the extent of any default by the developer in the payment of the special assessments." Sec. 2. This ordinance shall be in full force and effect immediately upon its passage and publication, and when effective shall be filed with the Office of the Register of Deeds, Hennepin County, Minnesota. 7 Village Council of the Village of Edina, Minnesota (Seal) 52. to Whom it Concerns Certified Copy Ordinance No.801 -A.3 Dated - Filed April 12, 1971 Book 71 Hennepin County Records Page 38'18409 An Ordinance Amending Ordinance 'No. 801 of the Village by providing for Subdivision Financing Agreement and Letter of Credit to Secure. Subdivision Financing Agreement and for recording of Agreement and for Final Plat Approval Procedure The Village Council of the Village of Edina, !Minnesota, Ordains: Section I. Section 8 of Ordinance No. 801, as amended, is hereby amended, to read as follows: "Sec. 8. Responsibility for Improvements: Subdivision Financing Agreer;rent. When preliminary approval has been given to a plat, the person or persons who filed such plat (herein called the "Developer" whether one or more) shall cause all street, water and sewer improvements required by the resolution granting such approval to be completed, at his own expense and under the supervision of the Village's Director of Public Works and Engineering, or in lieu of making such improver.aents, he shall sign a subdivision financing agreement (herein called the "Agreement "). Such Agreement, to be made. between the Developer and the Village, (A)as to improvements to be installed by the Developer, shall obligate the Developer to install and complete all such improvements, at h.is own expense and under the supervision and inspection of the Village's Director of Public Works and Engineering, (B) as to improvements petitioned for by the Developer to be installed by the Village, which Village installations shall be done only in plats situated within the Single Family Dwelling District, the Multiple Residence District and the Planned Residential district, shall obligate the Village to provide Engineering services and construct the improve - ments, and obligate the Developer to pay to the Village the cost of such services and construction, through payment of special assessments, which shall be payable in not more than three annual installments, and (C) as to improvements petitioned for by the Developer to be installed and assessed in accordance with the regular special assessment policies of the Village, shall provide for installation if ordered by the Village Council and assessment in accordance with the regular policies of the Vil- lage; provided, however, that the Village: shall not be obligated to enter into such Agreement (i) if the plat improvements required by such resolution are not allocated among the methods at (A), (B) and (C) above in a manner satisfactory to the Village Council, or.(ii) if the Developer does not- file a bond for the improvement at (A) above as hereinafter described, and, as to the improvements at (B) above, does not file a bond or deposit cash in escrow as hereinafter described, or does not deliver a Letter of Credit as hereinafter described, or (iii) as to any improvements, if,the. Village Council determines that the Village must borrow money to pay its costs of construction under such Agreement and such borrowing will jeopardize the Village's credit rating. The Agreement shall also provide, as to improvements at (B) above,_that if the Developer transfers any lot or parcel in the platted area while special assessments then leviead, or to be levied based on the Villager's estimate, for the improvements made pursuant to said Agreement remain unpaid, they will be paid or prepaid (Continued) (Entry No. 52. Continued) 0 in fu i I to the V i 1 1 age Treasurer or the County Treasurer . The agreement to pay such special assessments at the time of transfer shall also be set forth in a separate agreement and filed or recorded at the Developer's expense in the office of the Hennepin County Registrar of Titles or Register of Deeds, as the case may be, to -give notice to all future purchasers and owners. "The bond herein required shall be given by the Developer with a corpo- ration approved by the Village Council as surety thereon, and, as to improvements referred to at (A) above, shell be a performance and payment- bond in at least the fu I amount of al I contracts for the instal lation of such improvements, and, as to improvements referred to at Q above, shall be in the full amount of all costs of making the improvements specified in the Agreement not paid in cash by the Developer before or at the time of entering into the Agrecment and given for the securing to the Viiiage of the payment of the special assessments, "As to improvements referred to at (6) above, if the Developer does not file such bond, he may in lieu thereof deposit in escrow in a national or state bank havino an office in the Village,cash in the full amount of the unpaid improvements costs, together with instructions to the bank to pay the money to the Village upon written demand from time to time of the Village to the extent of any default by the Developer in the payment of the special assessments pursuant to the Agreement. "As to improvements referred to at. (Q) above, if the Developer does not file such bond or deposit cash, he may in lieu thereof deliver a Letter of Credit to the Village. Such Letter of Credit shall be from a national or state bank approved by the Village Council, be for the full amount of the unpaid improvement costs, and contain provLsiores whereby funds will be paid to the Village upon written demand from time to time of the Village to the extent of any default by tha Developer in the pay- ment of the spec iol assessments pursuant to the Agreement ' " ' I Sec. 2. Section 9 of Ordinance No. 801 is hereby amended to read as follows: "Sec. 9. Final Approval of Plat. When a plat has been given preliminary approval by the Council and the required improvements have been completed, or subdivision financing agreement executed by the Village and the person or persons who filed such plat, and recordable separate agreement re: l rat, Ing to payment of special assessments upon sale of property executed, and security furnished, all as herein required, the Village Manager shall submit a supplementary report thereon with the plat to the Council for final approval, which shall be given by resolution." Sec. 3. Repeater. Ordinance No. 80!-2 is repoaled. Sec. 4. I-his ordinance shall be in full force and effect immediately upon its passage and publication, and when effective shall be filed with the office of the Register of Deeds, Hennepin County, Minnesota. Village Council of Edina, Minnesota (Seal) 53. to Whom it Concerns 0 Certified Copy Ordinance No.801 -A4 Dated - Filed Apr. 12, 1971 Book 71 Hennepin County Records Page 387 8410 An Ordinance Amending Ordinance No. $01 of the Village to Require Land or Easements for Protection of Natural Water Bodies The Village Council of Edina, Minnesota, Ordains: Section I. Subparagraph (b) of Section 4 of Ordinance 801, as amended, is hereby amended to read as follows: "(b) Where any plat, replat or subdivision of land adjoins a natural lake, pond or stream, including streams which flow only intermittently, a strip of land running along all sides thereof which are contiguous to such lake, pond, or streams, which strip shall extend from a line not less than 100 feet upland from the lake, pond, or stream, as measured from the high water mark, and to and including the bed and water body of such lake, pond, or stream, shall be either (i) dedicated to the Village for public use, or (ii) subjected to a perpetual easement in favor of the Village over and in said land and the bed and water body of such lake, pond or, stream for the purpose of protecting the hydraulic efficiency and the natural character and beauty of such lake, pond or stream, the Planning Commission shall determine which of these options is more appropriate and shall recommend to the Village Council one of said options. In either case, there shall also then be granted to the Village the right of ingoess to and egress from the said strip of land with men, equipment and material. Also, where the easement is determined to be in the best interest of the Village, said easement shall "also provide that the owners of the area as to which such easement is granted shall not make, do, or p l ace, any f ill , grading, improvement or development of any kind on or to such easement area, or raise the level of the ease- ment area in any way, but all such right to fill, grade, improve and develop, and to raise the level of the easement area, shall be granted by said easement to the Village." Section 2. This ordinance shall be in full force and effect upon its adoption and publication, and when effective shall be filed with the Office of the Register of Deeds, Hennepin County, hinnesota. f 6 • Village Council of the Certified Copy Ordinance No.801 -A$ Village of Edina, I-i i nnesota (Sed 1) Dated - 54 . to filed Apr. 1 2, 1971 Whom it Concerns Book 71 Hennepin County Records Page 3878411 An Ordinance Amending Ordinance No. 801 of the Village by Providing for Variances The Village Council of the Village of Edina, Minnesota, Ordains: Sec. I. Section 6 of Ordinance No. 801, as amended, is further amended by. adding thereto an additional paragraph reading as follows: "If a variance from the application of the regulations of this ordinance was requested by the owner or his agent, the Commission may in its report recommend granting such variance in whole or in part, but only upon a general finding that an unusual hardship on the land exists and a specific finding that (a) the hardship is not a mere inconvenience, (b) the hardship is caused by the particular physical surroundings, shape or topographical conditions of the land included in the plat, (c) the condition or conditions upon which the request for a variance is based are unique and not generally applicable to other property, (d) the hardship is caused by this ordinance and riot by any persons presently having an interest in the land, and (e) the granting of the variance will not be substantially detrimental to the public welfare or to other land or improvements in the neighbor- hood of the land." Sec. 2. This ordinance shall become effective upon its passage and publication, and when effective shall be filed with the office of the Register of Deeds, Hennepin County, Minnesota. 55. NO7; Village Council of the Village of Edina, Kinnasota (Seal) to Whom it Concerns Certified Copy Crd i nance No-80106 6 Dated - Fi . ed Sept. 22, 1971 Book 71 Hennepin County records Page 307637 An Crd i nance amending Crd i n ance No. 801 of the Village to require platting with residential rezoning, to require dedication of land or contribution of cash for Parks and Play- grounds and for Final Plat Approval Procedure. The Village Council of the Village of Edina, kinnesota, Ordains: Section 1. Section 3 of Ordinance Flo. 801 is hereby amended by changing the heading thereof as follows: "Sec. 3. Plats to Corp 1 y 'w i tlh Lars and Zoning Ordinances; Plats Required for Residential Nezonings." Sec. 2. Section 3 of Ordinance No. 301 is hereby amended by adding thereto a subparagraph (d) as follows: (d) Any land transferred from a non - residential zoning district to a residential zoning. district (including the single family dwelling district), or from one residential :zoning district to another residential zoning district (including, in each case, the single family dwelling district) shall be platted pursuant to and in accordance with this ordinance, in connection with and at the time of such transfer." Sec. 3. Subparagraph (a) of Section d of Crdinance. No. 301, as amended, is hereby amended to read as follows: "(a) In every plat, replat, or subdivision of land for residential use a reasonable portion of such land, but not less than 3% thereof in area, sha 1 I be set aside and dedicated by the tract owner or owners to the general public as open space for park and Playground purposes. Provided, however, that in such plats, replants or subdivisions in excess of 30 acres, the tract owner or owners sh=all Have the option of contributing to the Village an amount of cash equai to the undeveloped value of the land other- wise required to be so set aside and dedicated, or to set aside and dedicate a part of such land and to contribute the balance of such undeveloped land value in cash. Provided further, however, that in such plats, replats or, subdivisions of 10 acres or less, the Village shall have the option to require such cash contribution in lieu of setting onside and dedicating land or to require a part of such land and the balance'of such undeveloped land value in cash. Land then set aside and dedicated for p ublic p ar; and p ur poses pursuant to Section r (Planned ;:esidentiai District) of Ordinance No. 811 may be considered as set aside and dedicated under this Ordinance No. 861 to the extent required hereunder in connection wi tF sucii Plat, replat or subdivision, but then only to the extent that such land is in excess of the open space.then required by Crdinance No. 811. Any money so paid to the Village sha 1 1 be placed i n a special fund and used only, for the acquisition of land for parl_:s and Playgrounds, deve I opment of existing parks and playground sites, and dent retirement in connection with land previously acquired for parks any; playgrounds. For purposes of this ordinance "undeveloped value of the land" is defined as the market value of the land within such plat, replat or subdivision as of the date the Plat, replat or subdivision is presented to the ViNage Council for pre - liminary approval, or if no preliminary approval be given or required, as of the date so presented for final approval, as determined by the V i I I age assessor in the same manner as he determines the market value of land for tax purposes, excluding, in determining such value, all value added to such (Continued) (Entry No. 55. continued) land by improvements, including utilities, streets and other public improvements serving such land, but including in such determination the highest and best use to which the land can be put under the zoning district then existing or under that zoning district to which the land is -then about to be transferred." Sec. 4. Section 9 of Ordinance No. 801, as amended, is hereby amender: to read as foIiows: "Sec. 9. Final Approval of Plat. When a plat has been given p ,� preliminary approval by the Council and the required improvements have been copp 1 ruled, OP subdivision financing 6greement executed by the Village and the person or persons who filed such plat, and recordable separate agreement re- lating to payment of special assessments upon sale of property executed, and security furnished and land set: aside and dedicated or equivalent cash contribution made, all as herein required, the V i l l age ;Manager sha 1 submit a supplementary report thereon with the plat to the Council for final approval, which shall be given by resolution.." Sec. 5. This ordinance shall be in full force and effect upon its passage and publication, and when effective shall be filed with the office of the Register of Deeds, Hennepin County, Minnesota. Gordon W. Miklethun, Mayor of Village of Bloomington and Chief Ma.oistrate or Executive of the Village of Bloomington 56. to Whom it Concerns Doc. No. 3276008 PLEASE i iOym 0 Certified Copy of Certificate of Adoption of Home Rule Charter Dated Oct. 7,1960 Filed Feb. 9, 1961 Book of Misc., page The City of Bloomington, in the County of Hennepin and State of Minnesota, shall, upon the taking effect of this charter continue to be a municipal corporation, under the name an'd style of the City of Bloomington, with the same boundaries as now are or hereafter may be established, etc. City of Bloomington Certified Copy Subdivision (Corporate Seal) Regulations of the City 57. to of Bloomington Whom it Concerns Dated January 4, 1966 Doc. No. 3587320 Filed January 12, 1966 Book of Misc., page 20. SUBDIVISION REGULATIONS 20.01. Definitions. For the purpose of this chapter, certain words used herein are defined as follows: a. "Subdivision" or "Subdivide" shall mean conveyance of land in which the land conveyed is de- scribed by metes and bounds or by reference to a plat or registered land survey made after December 21, 1954, which is less than 2%2 acres in area and 150 feet in width, unless such parcel was a separate par- cel of record on December 21, 1954, or unless an agreement to convey such smaller parcel was entered into prior to such date, and the instrument showing the agreement to convey was recorded in the office of the Register of Deeds, or Registrar of Titles, as the case may be, within one year after said date. The term includes re- subdivision and, when appropriate to the context, shall relate to the process of sub- dividing or to the land subdivided. b. The term "street" means a way for vehicular traffic, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place, or however otherwise desig- nated. 1. "Arterial streets and highways" are those which are used primarily for fast or heavy traffic. 2. "Collector streets" are those which carry traffic from minor streets to the major system of arterial streets and highways, including the principal entrance streets of a residential development and streets for circulation within such a development. 3. "Minor streets" are those which are used primarily for access to the abutting properties. 4. "Marginal access streets" are minor streets which are parallel to and adjacent to arterial streets and highways; and which provide access to abutting properties and protection from through traffic. 5. "Alleys" are minor ways which are used primarily for vehicular service access to the back or the side properties otherwise abutting on a street. 20.011. Building Permit. No building permit shall be granted in the City of Bloomington for the erec- tion of any building or structure, upon lands which are not platted and described as a lot or as a lot and block of a subdivision. 20.012. Exceptions. In the event that the City Manager should determine, after investigation, that compliance with the provisions of this ordinance will involve an unnecessary hardship and that failure to comply will not unduly interfere with or defeat the purpose of this ordinance, the City Manager of the City of Bloomington may, upon petition of a property owner, grant an exception to the provisions of Sec- tion 20.011, and if such petition is denied by the Manager, the property owner may appeal such decision to the City Council. Sections 20.011 and 20.012 amended by Ordinance No. 64 -25, adopted March 9, 1064. Revised March 11, 1964. 20.02. Special Division Into Four or Less Lots. Property which has been platted, or is surrounded by platted or built -up areas, and is two acres or less in extent, may be divided into four lots or less if municipal utilities are available and a surveyor's certificate showing such subdivision is approved by the City Manager, in accordance with the provisions of this section. A. Such subdivisions shall conform to all requirements of the subdivision code except as specified in this section. In addition: 1. Future streets shall not be obstructed and proposed division shall not interfere with proper development of neighboring properties. 2. Current and delinquent taxes and special assessments as certified by the City Assessor shall be paid. 3. Any division requested must fully subdivide the entire parcel in such a manner as to eliminate further subdivision at a future date. B. Deviation from lot width and area requirements of this code may be permitted under all of the following conditions: 1. Resulting lots are at least 75 feet wide in R -3 areas and 80 feet wide in other areas, and lot areas are at least 75% of the required area. 2. Adequate proof is submitted that purchase of adjoining land is not feasible to bring the result- ant lots up to standard. 3. Resulting lots can accommodate the side yard setbacks required by the zoning ordinance and will not require the locating of the garage in the rear of the lot unless a rear yard garage pattern is already established for the block. Building plot plans shall be required for non- rectangular lots. 4. Homes in the vicinity have, or can have lots comparable to those proposed, or economic level of the neighborhood will not be adversely affected by the proposal. C. The surveyor's Certificate shall show all items required under 20.09 of the City Code. In addition, it shall show: 1. Location of existing structures. 2. Name of owner. 3. Legal descriptions of exterior boundary. 4. Certificate of property owner: "I hereby certify that I understand the subdivision requirements. This application constitutes a petition for all improvements required by the subdivision ordi- nance to be installed at the earliest feasible date." OWNER DATE 5. Certification of city officials in the following form: "I hereby certify that I have reviewed the attached subdivision in accordance with applicable regulations and recommend its approval." (No. 57. Continued) 0 Assessor Date Planning Director Date Director of Public Works Date 6. Certification of City Manager in the following form: Final approval is hereby granted this day of 19 . City Manager D. Appeal from the decision of the City Manager may be made to the Planning Commission and the City Council in the same manner as requests are made for subdivision under the zoning ordinance. E. Proof of recording and payment of subdivision fee must be filed with the Building Department be- fore any permit can be issued. 20.021. Special Division into Six Lots. Where two platted lots running across the block from one street to another can be divided into six pieces fully meeting the minimum requirements of the zoning ordinance, a six -lot subdivision may be approved under the procedure outlined in Section 20.02 provided no deviations from width or area requirements shall be permitted. 20.022. Standard Subdivision. Except as provided under Sections 20.02 and 20.021 above, sub- division of land shall meet the following procedures and standards. Section 20.02 amended and Sections 20.021 and 20.022 added by Ordinance No. 64 -25 adopted March 9, 1964. 20.03. Sketch Plan. Prior to the preparation of a preliminary plat, the subdivider shall submit to the City planner and Engineer a sketch plan of the intended layout, a description of the proposed develop- ment, and such other information as may be requested. As soon as possible after receiving all the in- formation needed, the Planner shall determine whether or not the intended layout conforms satisfactorily with the requirements of the subdivision regulations and shall so advise the subdivider, giving the sub- divider whatever suggestions and information may be needed for his guidance in the preparation of the preliminary plan. 20.031. Preliminary Plat. At least 21 days in advance of the hearing thereon, the subdivider shall file with the superintendent of the Building Department 8 copies of a preliminary plat, which shall include all contiguous land owned or controlled by the subdivider, and other contiguous lands within a reason- able distance, at a scale of 100 feet to one inch or larger. A. The preliminary plat shall show all existing topographic and other data, including: 1. Boundary lines. 2. Easements: Location, width and purpose. 3. Streets on and adjacent to the tract: Name and right -of -way width and location; type, width and elevation of surfacing; and legally established centerline elevation; walks, curbs, gutters, culverts, etc. 4. Utilities on and adjacent to the tract: Location, size and invert elevation of sanitary, storm sewers; location and size of water mains; location of gas lines, fire hydrants, electric and tele- phone poles, and street lights; if water mains and sewers are not on or adjacent to the tract, indicate the direction and distance to, and size of nearest ones, showing invert elevation of sewers. 5. Ground elevations on the tract and adjacent land within 100 feet of the tract based on the Bloomington datum. Contour lines with 2 -foot interval shall be shown by means of a dashed line on the plan of lots and blocks. 6. Subsurface conditions on the tract (if required). Location and results of tests made to ascer- tain subsurface soil, rock and ground water conditions; depth to ground water, unless test pits are dry at a depth of 5 feet; location and results of soil percolation tests if individual sewage disposal systems are proposed. 7. Other conditions of the tract: Water courses, marshes, rock outcrop, wooded areas, isolated preservable trees one foot or more in diameter, houses, barns, shacks, and other significant features. Section 20.03 amended by Ordinance No. 64 -25 adopted March 9, 1964. 8. Other conditions on adjacent land: Approximate direction and gradient of ground slope, in- cluding any embankments of retaining walls; character and location of buildings, railroads, power lines, towers, and other non - residential land uses or adverse influences within 100 feet of the tract. 9. Zoning on and adjacent to the tract. 10. Proposed public improvements: Highways or other major improvements planned by public authorities for future construction on or near the tract. 11. Key map at small scale showing location of the tract and property for at least 660 feet ad- jacent. 12. Title and certificate: Present tract designation according to official records in office of appro- priate recorder; title under which proposed subdivision is to be recorded, with names and ad- dresses of owners, notation stating acreage, scale, north arrow, datum, benchmarks, certifica- tion of registered surveyor, date of survey. B. The preliminary plat shall show all proposals including the following: 1. Streets and street names; right -of -way and roadway widths; approximate elevations, grades and gradients; similar data for alleys, if any. 2. Other rights -of -way or easements: location, width and purpose. 3. Location utilities if not shown on other exhibits. 4. Lot lines, lot numbers and block numbers. 5. Sites to be reserved or dedicated for parks, playgrounds or other public uses. 6. Sites for multifamily dwellings, shopping centers, churches, industry or other non - public uses exclusive of single - family dwellings. 7. Minimum required building set back lines. 8. Site data, including total area, number of residential lots, areas in parks and other public land, and lot dimensions and lot areas for each lot. Section 20.031 added by Ordinance No. 64 -25 adopted March 9, 1964. 9. Other preliminary plans: The preliminary plat shall show proposed finish grade and surface drainage of all lots and parcels (or over -all final contours proposed), and suggested preliminary plan of sanitary and storm water sewers with grades and sizes indicated for approval by the City Engineer. All elevations shall be based on the Bloomington datum. 10. Draft of special covenants whereby the subdivider proposes to regulate land use in the sub- division and otherwise protect the proposed development. 0 (No. 57• Continued) 20.04. Application. At least twenty -one days in advance of the hearing thereon, the subdivider shall file his application with the Superintendent of the Building Department for approval of the sub- division. Upon filing of the application, there shall be paid a fee to the City of Bloomington of $15.00 plus $1.00 for each lot contained in the proposed subdivision, but the maximum total fee for any sub- division shall not exceed $150.00. Application may be made on forms provided by the Superintendent of the Building Department and shall state the legal description of the tract to be subdivided and the street location. The application shall not be accepted until Section 20.03 has been complied with and the required fee paid. 20.05. Notice of Hearing. Not less than ten nor more than thirty days in advance of the hearing, the Building Department Superintendent shall cause a notice of such hearing to be published once in the official newspaper of the City, stating both the legal description and street location of the proposed sub- division. 20.06. Commission Action. Following (a) review of the preliminary subdivisions and other material submitted for conformity thereof to these regulations, and (b) negotiations with the subdivider on changes deemed advisable and the kind and extent of improvements to be made by him, the Planning Commission shall within 40 days after the hearing date as set forth in Section 20.05, act thereon as submitted or modified, and if approved, the Planning Commission shall recommend Conditional Approval and state the conditions of such approval, if any, or if disapproved, shall recommend disapproval, giving reasons there- for. The Planning Commission shall note any action they take on two copies of the preliminary plat, ref- erenced and attached to any conditions determined. One copy shall be returned to the subdivider and the other retained by the Building Department. 20.07. Conditional Approval. Following Commission action, the preliminary. plat shall be submitted to the City Council at its next regular meeting for Conditional Approval. 20.08. Meaning of Conditional Approval. Conditional Approval of a Preliminary Subdivision shall not constitute approval of the Final Subdivision. Rather it shall be deemed an expression of approval of the layout submitted on the Preliminary Plat as a guide to the preparation of the final plat which will be submitted for approval of the City Council and for recording upon fulfillment of the requirements of these regulations and the conditions of the Conditional Approval, if any. Section 20.04, 20.05, 20.06 and 20.07 amended by Ordinance No. 64 -25 adopted March 9, 1964. 20.09. Final Plat. The subdivider shall deliver 4 copies of the final plat, plus 1 linen tracing and 2 mounted copies of the plat to the Superintendent of the Building Department at least 10 days before sub- mitting the final plat to the City Council for approval. The two mounted copies, if finall y approved, will be signed by the proper authorities and returned to the subdivider. The final plat shall be drawn in ink and shall be at a scale of 200 feet to 1 inch or larger. Where necessary, the plat may be on several sheets accompanied by an index sheet showing the entire subdivision. For large subdivision, the final plat may be submitted for approval progressively in contiguous sections satisfactory to the Council. For industrial plats, parcels the equivalent of 4 lots in size may be shown in lieu of lots, to be later redivided under Section 20.02 but without deviation from lot width and area requirements. The final plat shall show the following: A. Primary control points, approved by the City Engineer, or descriptions to such control points, to which all dimensions, angles, bearing, and similar data on the plat shall be referred. B. Tract boundary lines, right -of -way lines of streets, easements and other rights -of -way, and property lines of residential lots and other sites; with accurate dimensions, bearings, or deflection angles, and radii, arcs, and central angles of all curves; and, the area of each tract or lot to the nearest square foot. C. Name and right -of -way width of each street or other right -of -way. D. Location, dimensions and purpose of any easements. E. Number to identify each lot or site. F. Purpose for which sites, other than residential lots, are dedicated or reserved. G. Location and description of monuments. H. Certification by surveyor certifying to accuracy of survey and plat. I. Statement by owner dedicating streets, rights -of -way and any sites for public uses. J. Title, scale, north arrow and date. Sections 20.08 and 20.09 amended by Ordinance No. 64 -25 adopted March 9, 1964. K. Before any subdivision may be approved for residential development in the City of Bloomington and before any permit for residential building construction in said subdivision shall be issued by the City, the owner of such subdivision shall first present competent proof that the natural ground water level at all times in said subdivision is not less than 14 feet below the level of the finished grade which will surround the proposed buildings, and if not, that a satisfactory system of ground water control will be constructed as an integral part of the proposed residential development. 20.10. Evidence of Title. At least 10 days in advance of requesting final approval of a subdivision, the subdivider shall submit to the City Attorney reasonable evidence of title to the tract. 20.11. Final Plat Submission to Council. Within 6 months after receiving Conditional Approval from the City Council, the final plat and other exhibits required for approval shall be submitted to the City Council for final approval, otherwise such Conditional Approval shall be null and void unless an extension of time is applied for and granted by the City Council. 20.12. Proof of Filing Plat. The Building Department shall not issue building permits on the platted property until such time as a proprietor thereof shall file with the Building Department proof of the re- cording or filing of said plat in the form of a certified copy of the recorded plat. 20.13. Design Standards. All plats shall conform to the design standards set forth in this chapter. 20.14. Streets. 1. The arrangement, character, extent, width, grade, and location of all streets shall conform to the Comprehensive Plan and shall be considered in their relation to existing and planned streets, to topographical conditions, to public convenience and safety, and in their appropriate relation to the proposed uses of the land to be served by such streets. 2. Where such is not shown in the Comprehensive Plan of the City, the arrangements of streets in a subdivision shall either: a. Provide for the continuation of appropriate projection of existing principal streets in sur- rounding areas; or b. Conform to a plan for the neighborhood approved or adopted by the Planning Commission to meet a particular situation where topographical or other conditions make continuance or conformance to existing streets impracticable. Sections 20. A, 20.13, 20.14 and 20.15 renumbered and amended by Ordinance No. 64 -25 adopted March 9, 1964. 3. Minor streets shall be so laid out that their use by through traffic will be discouraged. 4. Where a subdivision abuts on or contains an existing or proposed arterial street, the Planning Commission may require marginal access streets, reverse frontage with screen planting con- tained in a non - access reservation along the rear property line, deep lots with rear service alleys, or such other treatment as may be necessary for adequate protection of residential (No. 57• Continued) properties and to afford separation of through and local traffic. 5. Where a subdivision borders on or contains a railroad right -of -way or limited access highway right -of -way, the Planning Commission may require a street approximately parallel to and on each side of such right -of -way, at a distance suitable for the appropriate use of the intervening land, as for park purposes in residential districts, or for commercial or industrial purposes in appropriate district. Such distances shall also be determined with due regard for the require- ments of approach grades and future grade separations. 6. Reserve strips controlling access to streets shall be prohibited except where their control is definitely placed in the City under conditions approved by the Planning Commission. 7. Street jogs with centerline offsets of less than 125 feet shall be avoided. 8. A tangent at least 100 feet long shall be introduced between reverse curves on arterial and collector streets. 9. When connecting street lines deflect from each other at any one point by more than 10 degrees, they shall be connected by a curve with a radius adequate to insure a sight distance of not less than 300 feet for minor and collector streets, and of such greater radii as the Planning Commission shall determine for special cases. 10. Streets shall be laid out so as to intersect as nearly as possible at right angles and no street shall intersect any other street at less than 60 degrees. 11. Street right -of -way widths shall be as shown in the Comprehensive Plan and where not shown therein shall not be less than as follows: Right -of -Way Right -of -Way Street Type Feet Street Type Feet Arterial 100 Minor 60 Collector 80 Marginal access 40 12. Half streets shall be prohibited, except where essential to the reasonable development of the subdivision in conformity with the other requirements of these regulations; and where the Plan- ning Commission finds it will be practicable to require the dedication of the other half street if adjacent to a tract to be subdivided, the other half of the street shall be platted within such tract. 13. Dead -end streets, designed to be so permanently, shall not be longer than 400 feet and shall be provided at the closed end with a turn - around having an outside roadway diameter of at least 100 feet, and a street property line diameter of at least 120 feet. 14. No street names shall be used which will duplicate or be confused with the names of existing streets. Street names shall be subject to the approval of the Planning Commission and conform to the requirements of the City Code. 15. Street grades, wherever feasible, shall not exceed the following with due allowance for reason- able vertical curves: Street Type Per Cent Grade Street Type Per Cent Grade Arterial 5% Minor 10% Collector 6% Marginal access 10' ; 16. No street grade shall be less than 0.3 1%. 20.15. Alleys. I. Alleys may be required in commercial and industrial districts in order that definite and as- sured provision is made for service access, such as offstreet loading, unloading and parking consistent with and adequate for the uses proposed. 2. The width of an alley shall be 20 feet minimum. 3. Alley intersections and sharp changes in alignment shall be avoided, but where necessary, corners shall be cut off sufficiently to permit safe vehicular movement. Section 20.16 renumbered and amended by Ordinance No. 64 -25 adopted March 9, 1964. 4. Dead -end alleys shall be avoided where possible, but if unavoidable, shall be provided with adequate turn - around facilities at the dead -end, as determined by the Planning Commission. 20.16. Easements. 1. Easements across lots or centered on rear or side lot lines shall be provided for utilities and drainage where necessary and shall be at least 10 feet wide for telephone or power line ease- ments and 20 feet wide for drainage, sewer or water easements. Underground utility installa- tion may be required, especially along lot lines bordering on parks, schools, drainage basins, open marshlands or other public grounds or natural features. 2. Where a subdivision is traversed by a water course, drainage way, channel or stream, there shall be provided a storm water easement or drainage right -of -way conforming substantially with the lines of such water course, and such further width or construction, or both, as will be adequate for the purpose. Parallel streets or parkways may be required in connection therewith. 20.17. Blocks. 1. The lengths, widths and shapes of blocks shall be determined with due regard to: a. Provision of adequate building sites suitable to the special needs of the type of use con- templated. b. Zoning requirements as to lot sizes and dimensions. c. Needs for convenient access, circulation, control and safety of street traffic. d. Limitations and opportunities of topography. 2. Block lengths shall not exceed 1/4 section, or be less than 600 feet, at the discretion of the Planning Commission. 3. Pedestrian crosswalks, not less than 10 feet wide, shall be required where deemed essential to provide circulation, or access to schools, playgrounds, shopping centers, transportation, and other community facilities. Sections 20.17 and 20.18 renumbered and amended by Ordinance No. 64 -25 adopted March 9, 1964. 20.18. Lots. 1. The lot size, width, depth, shape, and orientation, and the minimum building setback lines shall be appropriate for the location of the subdivision and for the type of development and use contemplated. 2. Lot dimensions shall conform to the requirements of the Zoning Code. 3. Corner lots for residential use shall have extra width to permit appropriate building setback from and orientation to both streets. 4. The subdividing of the land shall be such as to provide, by means of a public street, each lot with satisfactory access to an existing public street. 5. When finished, all subdivisions must have all block corner stakes replaced. Error of all surveys shall be not more than 1 in 7500. 6. Double frontage, and reverse frontage lots, should be avoided except where essential to pro- 4 (No. $7. Continued) vide separation of residential development from traffic arteries or to overcome specific disad- vantages of topography and orientation. A planting screen easement of at least 10 feet and across which there shall be no right of access, shall be provided along the line of lots abuting such traffic artery or other disadvantageous use. 7. Side lot lines shall be substantially at right angles or radial to street lines. 20.19 Public Sites and Open Spaces. 1. Where a proposed park, playground, school or other public use shown in a Comprehensive Plan of the City is located in whole or in part in a subdivision, the Planning and Zoning Com- mission may require the dedication or reservation of such area within the subdivision in those cases in which the Planning Commission deems such requirements to be reasonable. 2. Where deemed essential by the Planning Commission, upon consideration of the particular type of development proposed in the subdivision, and especially in large scale neighborhood unit developments not anticipated in the Comprehensive Plan of the City, the Planning Com- mission may require the dedication or reservation of such other areas or sites of a character, extent, and location suitable to the needs created by such development for school, parks and other neighborhood purposes. Sections 20.19 and 20.20 renumbered and amended by Ordinance No. 64 -25 adopted March 9, 1964. 20.20. Monuments or Property Irons. Monuments or property irons shall be placed at all lot corners, block corners, angle points, points of curvature of streets, and at intermediate points as shall be required by the City Engineer. The monuments shall be of such material, size and length as may be approved by the City Engineer. 20.21. Improvements. As a condition precedent to the approval of any final plat of a subdivision, the subdivider shall: 1. Grade all streets, alleys and other public lands and easements. Grade all park and public areas in accordance with the contours proposed on the preliminary plat. Grading for park facilities is not required, but wherever feasible, filled, excavated, or otherwide disturbed slopes in park or public areas shall be cleared of debris and left in neat, presentable condition with disturbed areas covered by a minimum of 4 inches of top soil and seeded. 2. Surface all streets with a bituminous surface. 3. Construct curb and gutters, except in R -1A zones where waiver is recommended by the City Engineer. 4. Erect street intersection signs. 5. Provided adequately for the drainage of surface waters. 6. Plant one approved tree according to the provisions of the street tree ordinance at least 2 inches in diameter at 1 foot above ground. 7. Install domestic water system, except in R -1A zones. 8. Install sanitary sewerage system, except in R- 1A zones. 9. Install sidewalks on officially designated arterial streets and on one side of collector streets, and walkways to schools; such collector streets and walkways to be determined by the Planning Commission and approved by the City Council. 10. Provide for street lighting for a period of three years. 11. Top soil moved during the course of construction shall be redistributed evenly but need not provide more than 4 inches of cover. All such improvements shall be made in accordance with the plans and specifications of the City Engineer as approved by the Planning Commission and the City Council. Sections 20.21 and 20.22 renumbered and amended by Ordinance No. 64 -25 adopted March 9, 1964, 20.22. Bond for Improvements. In lieu of the completion of any of such improvements, or any other act required hereunder prior to the final approval of a plat of a subdivision the City Council may accept a bond, in such amount, with such surety, conditions and time limitations as the Council deems necessary to secure to the City the construction or installation costs of such construction or installation. 20.23. Improvements to be Made by the City. All concrete and bituminous construction and installa- tion on streets and other public property lands, all storm sewers, whether temporary or permanent, but not including sumps, all water systems, all sanitary sewerage systems, shall be done by the City of Bloomington or by contracts let by the City of Bloomington at the expense of the subdivider who shall deposit, in advance of the letting of the contract for such construction or installation, with the City Treas- urer, a sum sufficient to pay the cost of such construction or installation. 20.24. Hardship Waiver. In any case in which compliance with any provisions of this chapter will involve an unnecessary hardship and failure to comply does not interfere with the purposes of this chap- ter, or where, for topographic reasons, an improved plat can be achieved by deviation from specific re- quirements, or where a planned development under the terms of the Zoning Code is being proposed, the City Council may waive such compliance by adoption of a resolution to that effect, with the consent of the Planning Commission. Sections 20.23, 20.24 and 20.25 renumbered and amended by Ordinance No. 64 -25 adopted March 9, 1964. 0 4 City Council of the City of Certified Copy Ordinance No. 69 -69 Bloomington (Corporate Seal) Passed and Adopted Aug. 18, 1969 58. to Filed Oct. 8, 1969 Whom It Concerns Book 69 of Hennepin County Records Page 3798281 An ordinance relating to the underground installation of utilities, describing the purpose of the ordinance, describing definitions of certain terms used in the ordinance, setting forth the requirement of underground utilities, providing certain exceptions, requiring compliance with the street excavation ordinance of the City and making it unlawful to violate any of the provisions of the ordinance and requiring an effective date for adoption of the ordinance and the filing of the ordinance in the office of the Register of Deeds of Hennepin County, Minnesota, and provid- ing for hearings on existing utilities. (For further particulars see record.) 59. Page I of 8 pages A • The City Council of Certified Copy Ordinance the City of Bloomington Deleting all of Chapter 20 (Seal) Dealing with Subdivision to Regulations and Adding in its Thom It Concerns place a new Chapter 20 Dealing with Subdivision Regulations. Ordinance No. 72 -39 Passed and Adopted July 17, 1972 Filed July 31, 1972 Book 72 of Hennepin County Records, page 3961260 The City Council of the City of Bloomington ordains: Section 1. That Chapter 20, the Bloomington Subdivision Regulations, and all ordinances and amendments found therein are hereby deleted and repealed. Section 2. That a new Chapter 20 of the Bloomington Subdivision Regulations is hereby adopted to read as follows: 20.01. Purpose. The purpose of this Chapter is to provide for the orderly, economic and safe development of land and urban services and facilities, and to promote the public health, safety and general welfare of the community by establishing physical standards, design requirements, procedures for the subdivision of land and requirements which will permit flexibility in the design of subdivisions. 20.02. Definitions. For the purpose of this Chapter, certain wordy are defined as follows: I. The term "subdivision" shall mean the separation of land into two or more parcels, lots or tracts; or any change in the property line or lines of a parcel, lot or tract; or the establishment of the property lines of a parcel, lot or tract not previously platted. II. The term "parcel" shall mean a unit of land described by lot and block, by tract designation in a registered land survey or by other legal descriptions. III. The term "plat" shall mean a formal subdivision approved by the City Council, and filed with the appropriate county offices, which illustrates the organization of lots, blocks, streets, easements and Public properties. IV. The term "tract" shall mean a unit of land described by letter in a registered land survey. V. The term "street" shall mean a way for vehicular traffic. VI. The term "sketch plan" shall mean an informal layout of proposed subdivision including location of existing structures. VII. The term "preliminary plat" shall mean a formal layout of the proposed subdivision prepared by a registered land surveyor. VIII. The term "final plat" shall mean the formal layout of a proposed subdivision encompassing all requirements imposed by the City Council and prepared by a registered land surveyor. IX. Administrative Subdivision Review Committee. The Administrative Subdivision Review Committee referred to herein shall consist of those persons designated by the City Manager whose work on a day -to -day basis involves processing or review of subdivisions. 20.03. Requirement for Building Permit. No building permit shall be granted for the erection of any building or structure, upon lands which are not platted and described as a lot of a plat or a tract of a Registered Land Survey. 20.0+ Exceptions to Requirements for Subdivision. I. Council Waiver. The City Council may waive compliance with any of the provisions of this Chapter by adoption of a resolution specifying which (Continued) Page 2 of 8 pages Ok • (No. 59. Continued) provisions have been waived after review of the application by the Planning Commission in any case in which compliance: A. will involve an unnecessary hardship and where failure to comply does not interfere with the purposes of this Chapter; or B. where an improved plat can be achieved by deviation from the provisions of this Chapter II. Special Conditions. No conveyance of land to which these regulations are applicable shall be filed or recorded if the land is described in the conveyance by metes and bounds or by reference to an unapproved registered land survey or to an unapproved plat. The foregoing provision does not apply to a conveyance if the land described: A. was a separate parcel of record December 21, 1954, or B. was a separate parcel of not less than two and one -half acres in area and 150 feet in width on January 1, 1966, or C. is a single parcel of land of not less than five acres and having a width of not less than 300 feet. 20.05. Subdivision Review Process. I. Application. All applications shall be filed in the Department of Community Development. Each such application shall be accompanied by a statement by the Director of Public Works indicating that the application is in substantial compliance with the requirements of Section 20.08. A. All applications shall be filed at least 21 days in advance of the public hearing thereon. B. A fee will be required to be paid at the time of filing the application. The fee shall be $50.00 plus $2.00 per parcel. C. A new application shall be required: 1. In the event that the final plat does not conform substantially to the preliminary plat. 2. In the event that the final plat is not submitted within the time period specified under the provisions of Section 20.05 VII of this Chapter. 3. In the event that the plat was not filed within 12 months after the date of final plat approval. II. Prior to making application, a subdivider may have his plans reviewed by the appropriate departments of the city. III. Notice of Hearing. Not less than ten days in advance of the hearing, the Director of Public Works shall cause a notice of such hearing to be published once in the official newspaper of the City, stating both the legal description and street location of the proposed subdivision. In addition, notices shall be mailed to all property owners within 200 feet of the property proposed to be subdivided as well as to appropriate governmental agencies. IV. Public Hearing. The Planning Commission shall review the proposed subdivision at the time and date specified in the notice of hearing at which time all interested persons shall be heard. This meeting shall serve as the hearing on the proposed plat. In the case of an administrative plat, the public hearing shall be held by the City Council. V. Planning Commission Action. Following review of the proposed subdivision and other material submitted, the Planning Commission shall within 35 days after the original public hearing date act thereon. The Planning Commission shall: A. Recommend approval, or B. Recommend approval with conditions, or C. Recommend denial. Following Planning Commission action the proposed subdivision shall be submitted to the City Council at its next available meeting. VI. City Council Action. City Council action on the proposed subdivision shall be accomplished within 60 days from the date of the original Planning Commission hearing. Approval of the proposed subdivision shall constitute approval of a preliminary plat. VII. Final Plat Submission. Within 12 months after receiving preliminary (Continued) Page 3 of 8 pages 4k (No.59. Continued) plat approval the final plat shall be submitted to the Director of Public Works for approval. Prior to the expiration of the preliminary plat approval, the Director of Public Works may extend the approval period for an additional 12 months. The extension shall be in writing specifically designating the expiration date. The extension shall not be subject to an additional fee and only one such extension may be granted. VIII. Filing of Plat. It shall be the responsibility of the subdivider to file the plat with the appropriate county offices after final approval. Failure to do so within 12 months of final approval shall result in the requiring of a new application. This new application must be reviewed in accordance with the procedure set out in this Chapter to ensure compliance with any new requirements. 20.06. Administrative Platting Procedure. I. Property may be subdivided through an administrative platting pro- cedure in conformance with the following conditions. A. The resulting subdivision shall contain no more than six parcels. B. Proposed subdivision shall be in areas where municipal utilities are available. C. Future streets shall not be obstructed and the proposed subdivision shall not interfere with proper development of neighboring properties. D. Resulting parcels shall conform with all zoning ordinances require- ments. E. Administrative plats shall conform to all requirements of standard subdivision except Sections 20.05 IV and 20.05 V of this Chapter. II. Sketch plans, preliminary and final plat shall be reviewed by the Administrative Subdivision Review Committee prior to formal application. III. The City Council shall hold the public hearing with a notice of hearing published 10 days in advance. IV. The Administrative Subdivision Review Committee shall forward a recommendation to the City Council for consideration at the hearing. 20.07. Standard Platting Procedure. I. Property that cannot be subdivided by administrative platting procedure shall be reviewed in accordance with the procedures outlined in Section 20.05. II. Sketch Plan. Prior to the preparation of a proposed subdivision the subdivider shall review with the Administrative Subdivision Review Committee a sketch plan of the intended layout, a description of the proposed development and such other information as may be requested. As soon as possible after receiving all the information needed, the Administrative Subdivision Review Committee shall determine whether or not the intended layout conforms satisfactorily with the requirements of the subdivision regulations and shall so advise the subdivider, giving the subdivider whatever suggestions and information may be needed for his guidance in the preparation of the subdivision. 20.08 Preliminary Plat Approval. The subdivider shall file eight copies of the proposed subdivision with the application for preliminary plat approval at a scale of 100 feet to one inch or larger. The proposed subdivision shall show the following: I. Existing: A. All contiguous land owned or controlled by the subdivider. B. Easements: location, width and purpose. C. Streets on and adjacent to the property: Name and right -of -way width and location; and legally established centerline elevation; walks, curbs, gutters, culverts, etc. D. Utilites on and adjacent to the property: Location, size and invert elevation of sanitary, storm sewers; location and size of water mains; location of gas lines, fire hydrants, electric and (Continued) Page 4 of 8 pages 1 i (No. 59. Continued) telephone poles and street lights; if water mains and sewers are not on or adjacent to the tract, indicate the direction and distance to, and size of nearest ones, showing invert elevation of sewers. E. Ground elevations on the property and adjacent land within 100 feet of the tract based on the Bloomington datum. Contour lines with 2 -foot intervals shall be shown. F. Other conditions of the property and adjacent land within 100 feet of the property: Water courses, marshes, rock outcrop, wooded areas, isolated preservable trees one foot or more in diameter, houses, barns, shacks and other significant features; approximate direction and gradient of ground slope, including any embankments or retaining walls; character and location of buildings, railroads, power lines, towers and other nonresidential land. uses or adverse influences. G. Zoning on and adjacent to the property. H. Proposed public improvements of record: Highways or other major improvements planned by public authorities for future construction on or near the property. II. Proposed: A. Streets and street names; right -of -way and roadway widths; approximate elevations, grades and gradients. B. Other rights -of -way or easement locations, width and purpose. C. Lot lines; lot numbers and block numbers or tract letters. D. Sites to be reserved or dedicated for parks, playgrounds or other public uses. E. Minimum required building setback lines. F. site data, including total area, number of residential lots, areas in parks and other public land, and parcel dimensions and areas. G. Other preliminary plans: finish grade and surface drainage of all parcels (or overall final contours at 2 -foot intervals), and suggested preliminary plan of sanitary and storm water sewers with grades and sizes indicated for approval by the City Engineer. All elevations shall be based on the Bloomington datum. III. Other Data: A. Key map at small scale showing location of the preliminary plat and other property for at least 660 feet in every direction. B. Title and certificate: Correct legal description according to official records in office of appropriate recorder; title under which proposed subdivision is to be recorded, with names and addresses of owners, notation stating acreage, scale, north arrow, datum, benchmarks, certification of registered surveyor and date of survey. C. Draft of special covenants whereby the subdivider proposes to regulate land use in the subdivision and otherwise protect the proposed development. 20.09. Final Plat Approval. The subdivider shall submit two mylar or linen reproduceable tracings and two mounted copies of the plat to the Director of Public Works. The final plat shall be drawn in ink and shall be at a scale of 200 feet to 1 inch or larger. For large subdivisions, the final plat may be submitted for approval progressively in continguous sections satisfactory to the Director of Public Works. I. The final plat shall show the following: A. Primary control points, approved by the County Surveyor, or descriptions to such control points, to which all dimensions, angles, bearings and similar data on the plat shall be referred. B. Boundary lines, right -of -way lines of streets, easements and other rights -of -way, and property lines with accurate dimensions, bearings or deflection angles, and radii, acres, and central angles of all curves. C. Name and right -of -way width of each street or other right -of- way. (Continued) Page 5 of 8 pages (No. 59. Continued) D. Location, dimensions and purpose of any easements. E. Number to identify each lot and /or block or letter to identify each tract or outlot. F. Location and description of monuments. G. Certifications by surveyor as to accuracy of survey and plat. H. Statement by owner dedicating any streets, rights -of -way, easements and parks. I. Title, scale, north arrow and date. II. At the time of submission of the mounted copies of the final plat the following additional requirements shall be completed: A. Evidence of Title. At least 5 days in advance of requesting final approval of a subdivision, the subdivider shall submit to the City Attorney reasonable evidence of title to the tract. B. Park donation. It is hereby found and declared that, as a general rule, it is reasonable to require an amount of land equal in value to ten percent of the undeveloped land proposed to be subdivided, be dedicated or reserved to the public for public use for parks and playgrounds. As an alternative, the subdivider may contribute an amount in cash equivalent to the value of land required to be dedicated by this subdivision, except that where the total land involved is less than 30 acres the City shall have the option as to whether cash or land be donated to meet this requirement. The cash payments shall be used only for the acquisition of land for parks and playgounds or as otherwise provided by statute. To determine the value of the land to be dedicated the undeveloped land value shall be used. 1. Undeveloped Land Value. As used in this section, the term "undeveloped land Value" shall mean the estimate of market value, as calculated by the City Assessor, of the property included in the subdivision as of the date of approval of the final plat. 2. Exception for Outlots. In subdivisions which include outlots, the subdivider may pay to the City ten percent of the value of the land for the entire subdivision, including the land within the outlots, or ten percent of the value of the land exclusive of the outlots. When such outlots are subdivided, the park dedication requirement for that area shall be applicable if not previously paid. C., Provision for the installation of the following public improve- ments. All such improvements shall be made in accordance with the plans and specifications of the City Engineer as approved by the Planning Commission and the City Council.All concrete and bituminous construction, all storm sewers, all water systems, and all sanitary sewerage systems shall be constructed by the City of Bloomington or by contracts let by the City of Bloomington. 1. Grading of all streets and other public lands and easements. If grading for park facilities is not required, then filled, excavated or otherwise distrubed slopes in park or public areas shall be cleared of debris and left in neat, presentable condition with distrubed areas covered by a minimum of 4 inches of topsoil and seeded. 2. Surfacing of all streets with bituminous surface. 3. Construction of curbs and gutters. 4. Erection of street intersection signs. 5. Provision for adequate drainage of surface waters. 6. Installation of City water system. 7. Installation of City sanitary sewer system. 8. Installation of sidewalks on officially designated arterial streets, collector streets and officially designated walkways to schools; such collector streets and walkways to be determined by the Planning Commission and approved by the City Council. (Continued) rage 6 of 8 pages is (No. 59. Continued) 9. Providing for street lighting for a period of three years. 10. Placement of monuments or property irons on all lot corners, block corners, angle points, points`of curvature of streets, and at intermediate points as shall be required by the City Engineer. The monuments shall be of such material, size and length as may be approved by the City Engineer. Such placement shall occur upon completion of final grading. D. Proposal for financing public improvements. 1. Cash deposit or an equivalent financial arrangement approved by the Director of Administration. 2. Subdivision agreement including but not limited to: a. Escrow deposit, in cash or equivalent security, as approved by the Director of Administration, or Performance bond. In lieu of the completion of any of such improvements, or any other act required hereunder prior to the final approval of a plat or a subdivision, the City Council may accept a bond, in such amount, with such surety, conditions and time limitations as the City Council deems necessary to secure to the City the construction or installation costs of such construction or installation. In any event the subdivider does not obtain a performance bond, equivalent security may be provided as approved by the Director of Administration, and b. Cash deposit guaranteeing off -site improvements. E. Protective covenants, if any. F. Deeds for all easements required but not shown on final plat. III. The Directorof Public Works shall cause the final plat to be scheduled for consideration by the City Council at the next available Council meeting. At that meeting, the City Council shall either approve or disapprove the final plat, and in the case of disapproval shall state the reasons therefor. In the case of approval, the Council shall adopt a - esolution of approval so stating the plat is approved. 20.10. Proof of Filing Plat. The Department of Community Development shall not issue building permits on the platted property until such time as a certified copy of the recorded plat has been filed with the Department of Community Development. 20.11 Design Standards. All plats shall conform to the design standards set forth in this Chapter, except in the cases of changes permitted in a planned development. I. Streets. A. The character, extent, width, grade and location of all streets shall be considered in their relation to existing and planned streets, to topographical conditions, to public convenience and safety, and in their appropriate relation to the proposed. uses of the land to be served by such streets. B. The arrangement of streets in a subdivision shall either: 1. Provide for the continuation of existing streets in surrounding areas; or 2. Conform to a plan for the neighborhood approved or adopted by the City Council to meet a particular situation where topographical or other conditions make continuance of existing streets impractical. C. Residential streets shall be so laid out that their use by through traffic will be discouraged. D. Where a subdivision abuts on or contains an existing or proposed arterial street, marginal access streets, reverse frontage with screen plantings, non - access reservations along arterial property lines abutting the arterial streets, deep lots, or such other treatment as may be necessary for protection of residential properties shall be required. E. Where a subdivision borders on or contains a railroad right- (Continued) Page 7 of 8 pages 1* • (No-59. Continued) of -way or limited access highway right -of -way, a street approximately parallel to and on each side of such right -of -way, at a distance suitable for the appropriate use of the intervening land, as for park purposes in residential districts, or for commercial or industrial purposes in appropriate districts may be required. Such distances shall also be determined with due regard for the require- ments of approach grades and future grade separations. F. Street access shall not be denied by creation of parcels of land of substandard depth which are held in private ownership. G. Street intersections with centerline offsets of less than 200 feet shall be avoided. H. When connecting street lines deflect from each other at any one point by more than 10 degrees, they shall be connected by a curve with a radius adequate to ensure a sight distance of not less than 300 feet for minor and collector streets or of such greater radius as the City Engineer recommends. I. Streets shall be laid out so as to intersect as nearly as possible at right angles and no street shall intersect any other street at less than 60 degrees. J. Street right -of -way widths shall be dedicated as shown in the Projected Street Plan for 1970 -1980, May 1970, adopted by the City Council November 23, 1970, and any subsequent amendments thereto. Where not shown therein, dedicated street rights -of -way shall not be less than as follows: Street Type Right -of -way Feet Arterial 100 Collector 80 Residential or minor 60 Marginal Access 50 K. Half streets shall be prohibited, except where essential to reasonable development of future subdivisions. L. Dead -end streets shall be avoided whenever possible. When required they shall not be longer than 600 feet and shall be provided at the closed end with a turnaround having a right -of- way diameter of at least 120 feet. M. Street names shall conform to the requirements of Chapter 21 of the City Code. N. Street grades, wherever feasible, shall not exceed the following with due allowance for reasonable vertical curves: Street Type Percent Grade Arterial 5% Collector 6% Residential or Minor 10% Marginal Access 10% 0. No street grade shall be less than 0.5 %. II. Easements. A. Easements centered on rear or side lot lines shall be provided for utilitiesand drainage and shall be a minimum of 10 feet wide. B. Easements for storm sewer, sanitary sewer or water shall be a minimum of 20 feet wide. C. Other underground utility easements may be required. D. Where a subdivision is traversed by a water course, drainage way, channel or stream, there shall be provided a floodage easement or drainage right -of -way conforming substantially with the lines of such water course, and of such further width as shall be determined by the Director of Public Works. E. Pedestrian walkway easements with right -of -way of not less than 10 feet in width shall be required where deemed essential to provide circulation, or access to schools, playgrounds, shopping centers, transportation and other community facilities as shall be determined by the Department of Community Development. (Continued) Page 8 of 8 pages 0 (No. 59• Continued) F. Where required by the City Council planting easements over which there shall be no vehicular access shall be a minimum of 10 feet in width. III. Blocks. The lengths, widths and shapes of blocks shall be determined with due regard to provision of adequate building sites suitable to the special needs of the type of use contemplated. IV. Lots. A. the lot size, width, depth, shape and orientation shall be appropriate for the type of development and use contemplated. B. Corner lots for residential use shall have extra width to permit appropriate building setback from and orientation to both streets. C. Each lot shall abut on a public street except: 1. as may be permitted under planned development ordinance; or 2. where alternative formal access is provided across a park, or to a navigable waterway, as a result of the action of a governmental agency. D. Double frontage and reverse frontage lots shall be avoided, except where essential to provide protection of residential properties from adverse conditions. 20.12. Penalty. Any person violating any provisions of this Chapter may be guilty of a misdemeanor, and upon conviction thereof may be punished by a fine not to exceed $300.00 or by imprisonment for not to exceed 90 days, or both. 0 Mapco Sand & Gravel Amendment to Articles of Company, Inc. Incorporation (Corporate Seal) Dated July 14, 1959 6o. to Filed July 29, 1959 Whom it Concerns Book 837 of Misc., page 119 Doc. No. 3188826 Northern States Power Company Release of Easements recorded (Minnesota Corporation) in Book 967 of Deeds, Page 117 (Corporate Seal) as Doc. No. 1185870 (See No. 19) 61. to Book 225 of Misc., page 518 as Whom it Concerns Doc. No. 1188455 (See No. 21) and Doc. No. 3208562 Book 1034 of Deeds, page 446 as Doc. No. 1188456 (See No. 22) Dated October 20, 1959 Filed November 24, 1959 Book 2235 of Deeds, page 257 Consideration $1.00 etc. The West 27 rods of the East 79 1/12 rods of the Northeast Quarter of the Northwest Quarter, Section 5, Township 27, Range 24, as evidenced by Certificate of Title No. 223454; also the South 607 feet of the East 21 3/4 rods and the West 30 1/3 rods of the East 52 1/12 rods of the Northeast Quarter of the Northwest Quarter, Section 5, Township 27, Range 24. Treasurer's Certificate State Deed Tax $1.10 paid. Mapco Sand and Gravel Easement Company (Corporate Seal) Dated October 30, 1959 62. to Filed December 8, 1959 Northern States Power Book 2238 of Deeds, page 292 Company (Minnesota Consideration $1.00 etc. Corporation) First party does hereby grant Doc. No. 3211015 unto said Company, its successors and assigns, hereinafter called "Grantee ", the right, privilege and easement to construct, operate and maintain a electric transmission line with all towers, structures, poles, crossarms, cables, wires, guys supports, fixtures and devices, used or useful in the operation and maintenance of said line through, over and across the following described land situated in the County of Hennepin and State of Minnesota to -wit: The South 607 feet of the East 21 3/4 rods, the West 30 1/3 rods of the East 52 1/12 rods, and the West 27 rods of the East 79 1112 rods of the Northeast 1/4 of the Northwest 1/4, Section 5, Township 27, Range 24. Said transmission line shall be constructed on the following described center line: Beginning at a point on the North /South Quarter line 672.32 feet South of the North Section line; thence West at an angle of 90 008' and parallel to the North Section line 715 feet; thence Southwesterly at an angle of 17 010' left 535.6 feet; thence Southwesterly at an angle of 2 042' left 88.1 feet, more or less, to a point on the West property line 234.4 feet North of the South property line. Said transmission line and every part thereof where it crosses said land shall be confined to lands within 25 feet of either side of the hereinabove described center line. Not more than 3 steel towers of said transmission line shall be located on said land at the grade level of the South frontage road of the Federal Highway C -94. The grant of easement herein contained shall include the right to enter upon the property of Grantor described above hereof to survey, construct, operate, control, maintain and use said transmission line, and to rebuild the same (provided no substantial alterations are made therein which materially increase the burden of the servitude hereby imposed on the land), to remove from the land within 25 feet either side of said center line any structure, tree or object which in the opinion of the Grantee will interfere with said transmission line, including the branches of trees overhanging said zone of 25 feet either side of said center line, and the right to permit the attachment of wires of others to the structures of said transmission line. The grantor reserves the right to cultivate, use and occupy said land and no structures or other objects, permanent or temporary, shall be erected upon said easement to exceed an elevation of 874 feet above mean sea level. It is understood the top of the footing on each tower is located at a level of 858 feet above mean sea level. Grantor further agrees that it will not perform any act which will interfere with or endanger said transmission line or the use thereof, other than as set forth herein. The Grantee shall pay for all damages to crops, fences, livestock, roads and Field caused by the construction or maintenance of said transmission line. Claims on account of such damage may be referred to Grantee's nearest office. The grant of easement herein contained is subject to existing rights - of -way for highways, roads, railroads, canals, laterals, ditches, other electric transmission lines and telegraph and telephone lines heretofore granted across any part of the above described land. Treasurer's Certificate State Deed Tax $3.30 paid. 0 Northern States Power Company Quit Claim Deed (Minnesota Corporation) Dated August 26, 1960 (Corporate Seal) Filed October 6, 1960 63. to Book 2272 of Deeds, page 447 State of Minnesota Consideration $12,600.00 Doc. No. 3255668 All of the following described tract: That part of Northern States Power Company's 50 feet easement located in the north half of the Northwest 1/4 of section 5, township 27, range 24 lying southerly of the northwesterly boundary of Temporary Trunk Highway 100 and northwesterly of a line run parallel with and distant 270 feet southeasterly of the following described line: Beginning at a point on the west line of section 6, Township 27, Range 24 distant 1079 feet south of the northwest corner thereof; thence run easterly at an angle of 85 °21' with said west section line (measured from south to east) for 1376.35 feet; thence deflect to the right at an angle of 1 052130" for 1513.43 feet; thence deflect to the left on a 1 000' curve (delta angle 28 0481) 2880 feet; thence on tangent to said curve 532.01 feet; thence deflect to the right on a 00 030' curve (Delta angle 17 030120 ") for 3501.11 feet, and there terminating; containing 1.75 acre, more or less. Treasurer's Certificate State Deed Tax $14.30 paid. State of Minnesota by District Court, State of Miles Lord, its Attorney Minnesota, Fourth Judicial General District, Case Nos. 516810 -i 64. vs Certified Copy Final Certificate William A. Olson, Mapco Dated Aug. 2, 1963 Sand and Gravel Company Inc., Approved Aug. 29, 1963 Macey Signs, Inc., Heileman Filed Sept. 5, 1963 Brewing Co., Etal Book 2405 of Deeds, page 205 Doc. No. 3428014 In the matter of the condemnation of certain lands for trunk highway purposes in the above entitled proceedings which have been consolidated by order of District Court. By authority of Minnesota Statutes, Section 117.20, I hereby certify that the lands herein described have been taken by the State of Minnesota in eminent domain proceedings for trunk highway purposes in conformity with the requirements of chapter 117 of said statutes; that commissioners were duly appointed by the court to ascertain and report the amount of damages sustained by the several owners on account of such taking; that said commissioners qualified, and made and filed their report of such damages; that the time for appeal from the awards in said report has expired; that all appeals taken have been concluded; that all damages, as determined by award and by agreement of the parties, have been paid by the State of Minnesota; that the proceedings for the taking of certain rights and easements in said lands are now complete; and that said State now owns an easement in said lands for the purpose of constructing, reconstructing improveing and maintaining thereon a trunk highway, together with the following rights, to -wit: To erect temporary snow fences upon the lands herein described and upon the lands adjacent thereto; and to take all trees, shrubs, grass, and herbage within the right of way of the trunk highway herein acquired, and to keep and have the exclusive control of the same. Said lands are situate in Hennepin County, Minnesota, and are described as follows: Parcel 13 S.P. 2732 (100 = 52)902 All that part of the two following described tracts: 1. The west 27 rods of the east 79 -1/12 rods of the northeast 1/4 of the northwest 1/4 of section 5, township 27, range 24, being Registered Land as evidenced by Certificate (CONTINUED) 0 (No. 64. Continued) of Title No. 223454, lying southerly of Trunk Highway No. 100 and Trunk Highway No. 5 as now located and traveled; 2. The westerly 30 -1/3 rods of the easterly 52 -1/12 rods of the northeast 1/4 of the Northwest 1/4 of section 5, Township 27, Range 24 lying southerly of said Trunk Highways Nos. 100 and 5, as now located and traveled; which lies northwesterly of a line run parallel with and distant 270 feet southeasterly of the following described line: Beginning at a point on the west line of section 6, township 27, range 24 distant 1079 feet south of the northwest quarter thereof; thence run easterly at an angle of 85 °21' with said west section line (when measured from south to east) for 1376.35 feet; thence deflect to the right at an angle of 1 052130" for 1513.43 feet; thence deflect to the left on a 1 °00' curve (delta angle 28 °481) for 2880 feet; thence on tangent to said curvefor 532.01 feet; thence deflect to the right on a 0 030' curve (delta angle 17 °30120 ") for 2200 feet and there terminating; containing 10.46 acres, more or less; also the right to construct slopes on and remove materials from the following described strip, which right shall cease on December 1, 1961; A strip 50 feet in width adjoining and southeasterly of the above described strip and extending over and across the two above described tracts; containing 1.14 acres, more or less. The above description is pursuant to stipulation filed with the Clerk of Court. (Other property not in question not recited herein) Mapco Sand & Gravel Quit Claim Deed Company, Inc. (Minnesota Dated July 26, 1967 Corporation)(Corporate Seal) Filed July 27, 1967 65. to Book 2595 of Deeds, page 508 Paul Hultman and Harold D. Consideration $1.00 etc. Stafford That part of the Southeast 1/4 Doc. No. 3666834 of the Southwest 1/4 of Section 32, Township 28, Range 24 and that part of the Northeast 1/4 of the Northwest 1/4 of Section 5, Township 27, Range 24, described as follows, to wit: Commencing on the South line of Section 32, Township 28, Range 24, 21 3/4 rods West of the South 1/4 post said Section; thence North and parallel with North and South center line of said Section 80 rods to the North line of the South 1/2 of the Southwest 1/4 said Section thence West along said North line 30 1/3 rods; thence South and parallel to the center line 80 rods to the South line of Section; thence continuing South thru the North 1/2 of the Northwest 1/4 of Section 5, Township 27, Range 24 and parallel with the center line thereof 67.4 rods to the South line of said North 1/2; thence East along said South line 30 1/3 rods; thence North to place of beginning excepting therefrom the parcel of land as follows: The North 330 feet of the East 188 feet of the West 30 4/12 rods of the East 52 1/12 rods. All of the North 73.435 rods of the East 21 3/4 rods of the Southeast 1/4 of the Southwest 1/4 of Section 32, Township 28, Range 24, except the East 165 feet thereof. The South 607.0 feet of the East 21 3/4 rods of the Northeast 1/4 of the Northwest 1/4 of Section 5, Township 27, Range 24. The North 1/2 of the Southeast 1/4 of the Northwest 1/4 of Section 5, Township 27, Range 24. North 121 feet of South 728 feet of East 180 feet of Northeast 1/4 of Northwest 1/4 except road, Section 5, Township 27, Range 24. Subject to utility and highway easements of record; and subject, further, to the rights of the public acquired pursuant to the judgments entered in condemnation proceedings in the District Court for the State of Minnesota, 4th Judicial District as Cases No. 516810 and 516811. State Deed Tax Stamps $1.10. s Paul Hultman and Mary B. Hultman, his wife, and Harold Stafford and Isabel E. Stafford, his wife 66. to Edward E. Woody Contract for Deed Dated June 15, 1968 Filed November 18, 1968 Book 68 of Hennepin County Records, page 3746841 (For complete takeoff see Exhibit A hereto attached) n a Cl • I_ F .. .....�_..�..r�..,�a.�...lW...., ,.mss «x....�.._.... .,��a.._,....�.. ...... ..�.,.�. ..» , _ t fir} CONTRACT IrOF% r Dr r 13 CON Ti1TS AonEEMENT, made an d en into t,is y jt `I96�, > y rnd bat;vse4.2'aul I= Zultmim and r, a.ry P - ii.ltaln -2 bls wlte, e.nd �iarol:} }. t f , 111 ctafYaru end IKabel E. Stafford, `hts a ire, pzrttea of the fi Et part anti Edv and F. N %%:oody. party of the second part wjTN aS TH' . F` , .. That the said parties of the first part [n cone[deratto t of the covenants I' -- v and Agteeme -nts of said pasty of the vecaad part,- _heretrafttT contained, hereby ac[ti - cz.tn said party of the second part, this heirs and .is stb:cr, by # and agree to convey - p. y 1 > }' :acca,..n_rIvd b an <.bstract evideactzt6 good title In t;a r'Art[es of a uarran. deed, pn y } < the flrnt part at taa date hx:reaf, Or by art owner's duplicate cartiiie tte of title- I upon 60 Prompt and full pek1orrta.ncF by t' =2 said party V tI e sL and px_rt ai his - 3 Iyi t arc? by £n; in the County of M- on -apl; part of tutu afil'F: rr ent, the tracts o, l:in , ,, Y and : gate of 2ltnrerfota, described as __ *a£ione, to -R tt•. v. That nax•t of the SO IU :Lt °•3 t ll= of to /• Section 32, Toy °:..shlt> 28, Ra as >a 2 a:3 tit t part c,; i ✓ { t, a cs 4 Narthrast 1! of the Nor hz _st " / - 'lows. tG 'At: CJIIiT =12 4t!1�.. 27 RangA 24, denerlbed as fc. a ,gu ? t z ' Or. the South l[t:c: of :cotton 32, To, a -rlr ,l3 ,.i f' 21 314 r 0 s ir'3st t,i t'r": �G'.� c•2 c:�:.th r. -••` r j with *tortes 3 thence li0 r �t ' oai al, a �► the $auth t of ss.ici Seat( 33 ode tj tht: nor a..a , CU r' a 1 /r, aalc tJ e t at 4 1 J2 '.f tr e 1 ;a a3 axalx 4` t a said tlortz l+ � '? _.h 1 t3) r as d . to ... c.O, i r rf. `� ciio tt nca -1 to the car l i r 5. fit ;- + t of 5ectian y; coatlnuln cotzth tf> tt a 1. . 00 t a! Ti�i x �t:ec a' ll �- I Tovrtaih'u 27�. ^ 1� : 7r h 9 ' i s to t SouiL + ti ? 1 /2, : ca thereof E 7. 4 : l , o.,_ =, t7 :nc aio4 th to t .5 f , East alo •a gala out. 37 , IGb 1 ;.: O place c_` I e• =i.znt extepliig tiler cfrom t o parcEl of la-ad z _" `7 l u8 fo?lan T: a North 33k) font of toe £asi lc8 fz t,of the West =i t 30 41'12 roil r' t'ce East 52 1112 rtis. �9 ,i 5 Exhibit A A r to All of the North 73.435 rods of the East 21 314 rods of the Southeast 1/4 of the Southwest 114 of Sectloa 33, Township Co 28 North, Tlange 24, West of the 4th Principal 'Meridian, � except the East 165 feet thereof. _ ... -- - -- The South 807, 0 feet of the East 213/4 reds of the Northeast f i Section 5 Township 27, .. ido 'tt:wes t114 at.ecl P 1 4 of the r r . } •: t Range 24. _ - The North 112 of the Southeast 114 of the Northwest 1/4 + -- of Section S Township 27 Range 24, _. . ti Northeast 0 feet of Ilorthe North 121 feet of South 728 feet of Fast 38 f ' 1 - _ o d Section 5 Townslilp 27 1/4 of Northwest 1/4 excepra. , , �! t' a� L Range 24.. That part of the North Half of the Northwest Quarter of Section S, Towntzhlp 27, F.aage 24, described as beginning at a point on the North Iine thereof 859; 375 feet Rest along said North ortvest Quarter of 2tue from the Northeast corner of the N t'n Y said Section 5; thence Vest along said North line 445. 5 feet; thence South, parallel to the East line of said North-Rest - Quarter, to the South iLae of the Ncrth Half of the Northwest Quarter of said�Sectton 5; thence East along said South line to a.n.intersectlon with a line drawn ) 445.5 feet, more or leas, Sot:th, parallel to the Last line of said Northwest Quarter from the point of beginning; thence North along said last described parallel line to the potet cf beginning, 5 That part of the South Half of t iv southwest Quarter of Section � t 32, Township 28, Finnbe 24, described as baginn'Lig at a point on the South ilea t: ercol 859. 375 feet vVest along said :oath ; line from the Southeast corner of the Southwest Quarter of said { Section 32; thence Wiest along said South line 445. 5 feet; thence North, parallel to the EaEt line of sstd Southwest Quarter, to the Southwest C;uarter of said E the North line of the South Half of Section 32; thence East along said North line 445. 5 fees, more f or less, to an intersection wish a line drag a North parallel to aC3 the I ast 1Lne of said Southwest Quarter, Srorrn the poi *.Rt of to beginning; thence South along said last described parallel line — - to the point of beginning. . CJ subject to the following exceptions; .> (1) Building and zoning laws, ordinances, State and Federal O 9r regulations; r toi .1 (2) Restrictions relatlzng to use or ln:»rover_ient of premises a t< .� f asad forfeiture; not subject to unrete , k i �� ' he Reservation of say minerale or ri-Ineral rights to t� co State of and utility eazemeats. (4) Street, ghway. (5) Existing roads and highways; d e6wiatt6n proceedinge In the District Court es jio. 516810 n:nd 516611. second part. In consideration of trie premlseL A nd the raid party of tne a of the first part, at Minneapolis. Min. hereby agrees to pay the ssld partle F ifty Thousrad and no/100ths ($750, re. in the -an cai�h in haad; the �eceipt Of 'which Ls hereby payable in Install fnen,", us f0I10NV-N-' Fifty ThougRnd And no/1000,F) 01o. 60) Dollare, or more. -in *qductlo-" Of 'Lhe' PrUIC6pal-balance, j-,j reduction of th�� principal Dollars, or more. tie l5th day Ot July balance, payable on or 'before ti Cie entire of each ond every year viereafter un, CID to such aanual U19tall-nientz In reduc.'ton of the princlpRI' balance, lnteraDt-�t five p-2r cent par annar� quarterly cn or ' before July 15. Octobar 15, January 15, 5 of each year until ti e principal balance 00 and April I — of the said contract rhall riave beem paid ta full. r ` |---- r ` |---- 0 • The Wald party of the seconc part further covenants and agrees as ; Mfallotirs i o`pey.^tirfore.penalt rattaches thereto, all real , estate taxes payable In .Y { F She year, 1?ti9 and In subsequent years, and all special aEaeaarne ts' heretofore � + or he.reaftLr Levl.d,. inctsidi.a,; any u.1paid tnstaltn•.eats of special assesat:2ents f i payable to tae year. 196- and thereafter. is understood and agreed by and.beiw'een the partleta hereto that '- whenever the unpaid Krinclp91 balance of this contract be reduced to the anioun ; het forts tri Cctamrt -A of tha fellowing schedule and the 4nen accrued but unpaid , Interest paid? is full, provided tits party of tae second part shall not thea be in :... - .. defsait as toa ay* of th•a terms and co:tditions-of thls said contract. the parties of the first part shall, at the request of the party of 0 a second part, release frorn the contract and convey to the party of the second pert by v,arranty dead the numbered parcels described to Cnlurnn 13 of the follovYSag schedule: Column A .. When•the unpaid balance is The parties of the first part shall convey 5612.500.00 Parcel NQ. 1 . 550.000.00 Parcel Al D. 2 - 487.500.00 Parcel 1o. 3 1 425, 000. o') Parcel 1o. 4 F�� 1 362,500.00 Parcel No. 5 So. 8 300. 000. 00 Parcel 237, 500.00 Parcel No. 7 .. OD 1 175,000.00 Parcel No, 8 to 112, 500. 00 Parcel 10. 9 p') 50.000.00 Parcel au, 10 Parcels No. 11 & 12 ' OD For the purpose of dascrlbtng the numbered parcels set out In Column B c) of the fore;otng schedule, the lan3 which In the subject of th [s contract stall be k !: divided Into two tracts. That portion of the land lying north of Laterstate 1112hil,ay _ '494. Hennepin County, A;inneuota, compriaing 33.37 acres more -or leas, shall be ►4- a i • � ' r ` | | i ' A , ( ' .1 ^ i ` ! ` � .. .` ~. � \i � 1( ` i/ / | i to That portion of t;W, land whiCh 19 tll� Su 'e 1A irL oa ° It be 29 acres more-Or lest, sh tiown as compr -sing 32.5 W / Lbed as follows: Farce vhnI1 be located at the �outheasterly c orner of �outh tract. AT -czl No-'S, comprising 5.4 acres more oi- less, $hall be located at the Sout hweAtel'IY corner of the South tract. o 5 4 acres ware or less, sh2.11 be located in U)a Foutlicrly portion of tle South Parcel NO. I. or leas, r of the South tract. Parcal NO. 6, comprising, S. 529 acreB more or IeP8. rtheasterLy corn.-r of the South tract. Parcel No. S, c om bi! IoVktvd LA the Northorly portlu" of tile South shall 'ket betw�-Ca and contiguous to Parcel No. A and Parcel NO. B. `r of the North shAll be located at ttta NorthN�eisterly co ;tijar Co Parcel No, 9, COM S. 6 acres more or less, 0) shall be located at the N"OrtheastelvlY cornpr of VI& North triact. Parcel N-8, comprising S. 6 Vcres tnOre or la"' North .1 rtherly portlo-a Of the a'ted 41 the No . z Parcel NO. 9. ' � � Parcel NO. 10, 5. 6 acres Inore nrleom ' shell "` located ~ at th-_� ' Of the North tract. ^� ` ` ` | | i ' A , ( ' .1 ^ i ` ! ` � .. .` ~. � \i � 1( ` i/ / | i ') , �. ~ , ~� i i / | | | > | > < � 0 • plat and shall sign any petitions for utilities to be assessed or for rezonTn6, being understood and agreed that the entire cost of such platt.ng und-of -ate proceedinoe i and obligations in connection therewith shall be paid by the party of the second par. _ The party of the second part may maize or cause to be made in proven ents # J apoa the parcel next subject to releaFe and con eyr:uce purstanL to tr•e schedule, 3 ,. Lerelnbefnre set forth, The, party of the second part shall not make or cauea to be made any Irnproverneate upon any other portion of the property prior to releafie ' and conveyance without the permisslon of the parties of the first part, wh[cli permisslou shall be at the sole discretion of the parties of the first part. In the event the party of t::e second part shall wish to make or cause to be made improve- - meats upon any parcel prior to ralettse and conveyance as herelzbefore provided, the party of the second part shall, before commenc[.ig such tr pcoven;cnts, furatah to the parties of the fir,,t pa rt a bored for the full payment of all obligations arising therefrom or in connection therewith in such form a:i the par•ttes of the first part prescribe and with such suretles as the parties of the first part may approve. r It Is understood and agreed that the panties of tt:e first part shall - deliver pos5esston of the property, provided the party of Vie second part shalt act �- then be In default as to any of the terms and conditions of this said contract, as follows: CD (1) On Septamber 15, 1968, or slaty (6.0) days after t9 the date on which the urpald principal balance of this said contract is reduced to Fit Hundred Twelve Thousand • Five hundred and no1100thy ($612, 500. 00) Dollars, CO whtehaver date shall occur liter to time, Me. parties r of the first part shall deliver to tha party of it.e second the lylrg i part possession of that portion of pr-oArty South of Interstate Hl;hr:ay 494, hennepia County. z : r; Minnesota, which portion is bnouzl as the "Scutt tract•, 1, 2, 3, 4, 5, aad S. and eo :.prises parcels numhered Prior to delivery of possession the partieR cf t*e Grist .. W�_ .e..1_...uty�......,w.w.w.A.t :ss — 7-7 -- — aw.. •YSr,i ::r w,.. .- __ara.w.ma...- -e._r. ..- ..a.... -.a... .._,.. ✓,-. ,. ..-.a. -_.. -- 0 part shall rough grade the said "South tract" using el'3 only the materials present on the property comprising t the said tract, it "being underetood and agreed that "rough grade" shall mean only that the material shall be spread to fill indentations without regard to grade. i i 3 (2) On Nay 15, 1969, the parties of the first part shall ON deliver to tho part; of the second part possession of ' that portion of the property lying North of Interstate ti Highway 494, Hennepin County, tvlfnnevota. which portion fa known as the "North tract" comprising parcels _ numbered 7. S. 9. 10, 11 and 12. Prior to delivery of the said North tract, the parties of the first part shall remove therefroth all structures and fixtures, equipment, ,A and inventories of sand, gravel, and rock; tke parties . - of the first part - shall not be required to perfo. m any. ,grading or spreading of n-.a,terials on the Paid North tract. On or after January 1, 1969, the party of the second part shall be permitted to erect a doubly. ?aced al &n on the said North tract, which sign shall remaLz the property of the party of tee second part. Should default be made in the payment. of prtncipaI or Interest due hereunder, or of any part thereof, to be by the second party paid, or should he t 'fail to pay the taxes or assessments upon said land or to perform. auy or either of - " the coven ants, agreements, terms or condltions herein contained, to be by the . said second party kept or performed, the parties of the first part may, PA their option, Ly c:rltten notice declare this contract cancelled and termlaated, and P11 rights, title and intcreat acquired thereunder by the said second party, shall thereupon cease and ternitnate, and all improvements made upon the precntses, OD t9 and all payments made hereunder shall belong to tae said parties of the first part iT as liquidated damages for breach of this contract by the said second party, said notice to be in accnrdance with the statute In such case made and provided. O Neither the ex:ten7lon of the time of payment of any sum or sums of l money to be paid hereunder, nor any salver by the partter of the first part of their 0 �� = ` . ' . ~ CO twiess evidenced 1> Ou y i zt�d trtLraeat. Further, after service I'd of notice aiiti fa Litz re to remove, wlthin.the pe,-I&d a UP wed by law, the efault.th rein ald party of the a upon .Spec I en,. p p and. every part tbereo t being understood OsaesElon of said remises" '411at U-1 such defaolt,. the said party of the second Fit rt shall have possession of "i 'the said premises following delivery as hercirbefore provided 71-1 7�: It Is Mutually Agreed, by and 1�etween the partlea hereto, that the time -kent, shall be an esseattal part of thls contract; and U-1at all the covenants aad nd and bind the heirs, executors. agreements herein conL.:Llned shall run with the 1P ' the d^��odTepr first above wr��u. . ^ ' � Im PRESENCE OF: rold D. Staffor CO . � � �-� — 0» Isabel E. �taooru ' ^ -- ' `- ` oo { ` ` | ` � / � , .' � |' `. � + � ~1 °i ^ (/ ' ./ { l | ( | � ' Y /'- ' t. 0 0 r� r, l.i Edward E. Woody and Quit Claim Deed Barbara Woody, his wife Dated October 15, 1968 67. to Filed October 29, 1971 John T. Candell and Book 71 of Hennep n.__.,CQunty Judith A. Candell, as Records, page 39f,41 9-': joint tenants Consideration $1.00, etc. An undivided one - twelfth interest in and to: That part of the Southeast 1/4 of the Southwest 1/4 of Section 32, Township 28, Range 24 and that part of the Northeast 1/4 of the Northwest 1/4 of Section 5, Township 27, Range 24, described as follows: Comte ing on the South line of Section 32, Township 28, Range 24, 21 (2/ rods West, of the South 1/4 post said Section; thence North and pars el with North and South center line of said Section 80 rods to the North line of the South 1/2 of the Southwest 1/4 said Section; thence West along said North line 30 1/3 rods; thence South and parallel to the center line 80 rods to the South line of Section; thence continuing South thru the North 1/2 of the Northwest 1/4 of Section 5, Township 27, Range 24 and parallel with the center line thereof 67.4 rods to the South line of said North 1/2; thence East along said South line 30 1/3 rods; thence North to place of beginning excepting therefrom the parcel of land as follows: The North 330 feet of the East 188 feet of the West 30 4/12 rods of the East 52 1/12 rods. (Other properties not in question not shorn. ) 30 _. Edward E. Woody and Quit Claim Deed Barbara Woody, his wife Dated October 15, 1968 68. to Filed October 29, 1971 Edward S. Hagerty and Book 71 of Hennepin County Margaret S. Hagerty, as Records, page 3914170. joint tenants Consideration $1.00, etc. An undivided one - twelfth interest in and to: That part of the Southeast 1/4 of the Southwest 1/4 of Section 32, Township 28, Range 24 and that part of the Northeast 1/4 of the Northwest 1/4 of Section 5, Township 27, Range 24, described as follows: Commencing on the South line of Section 32, Township 28, Range 24, 21 3/4 rods West of the South 1/4 post said Section; thence North and parallel with North and South center line of said Section 80 rods to the North line of the South 1/2 of the Southwest 1/4 said Section; thence West along said North line 30 1/3 rods; thence South and parallel to the center line 80 rods to the South line of Section; thence continuing South thru the North 1/2 of the Northwest 1/4 of Section 5, Township 27, Range 24 and parallel with the center line thereof 67.4 rods to the South line of said North 1/2; thence East along said South line 30 1/3 rods; thence North to place of beginning excepting therefrom the parcel of land as follows: The North 330 feet of the East 188 feet of the West 30 4/12 rods of the East 52 1/12 rods. (Other properties not in question not shown.) State Deed Tax Stamp $14.30 In the Matter of the District Court, State of Minnesota, 69. Application of 4th Judicial District. Paul Hultman and Harold Case No. 16983. D. Stafford, to Register Certified Copy Application the Title to Certain Land Dated April 8, 1970 Filed April 30, 1970 Book 70 of Hennepin County Records, page 3826414. (See Exhibit "B" hereto attached.) CI ,- I 7 A. CCa STATE: pi -/ cllldt ESO::a DISi'IUCT C0G.t , COUNTY OF Fi ;:2i%PIN POURTH JUDICIIL UZSTBICT NO c In the !•latter of the Application of * APPLICATION r ' PAUL FIULt.12,-N and HARViLi D. STAFFORD [� to Pe9ister tte Title to Certain Land. li S'lATE: OF MINNESOTA ) • ��: SS: TO THE JUDGES OF THE ABOVE COUNTY OF F!E \\ PIN j NF211Fp COURT: I hereby r.aF:e application to have registered the title 0 t the �. f •• tt land t Y:_reir._a: ter' described ar.d do sole L'l - I y swear that I know the contents of this application, and the statements therein ~ ' are true pf,my o":n knowledge i g save as to such as are therein stated on information and belief, and - that as to those Z believe then to be true. • _ r A. Name of Applicant: Paul Hultman, Ace 57= Residence 5453 Aldr.ieih Avenue South, County of Hennepin, State of IlinnesoiajtzSO��'linneapolis, j �, f one-half tridi.vidcd .interest, a, as the of belo'.•r. in the P- -y _scribe_ Nane of Appli.ca.nt: Flwro2d Stafford, � 6 t Residence 1.451 Re ht ^D. are 65, ger A.•enue, _ity o `liri-ieapclis, ' CounCy of F,tnnapi State of T:i enesotzi, as the o:mer o a ! ! on° -•half undiviced interest, in the ropC-ZL described' { i C3 below. P y a. E• Applicant Paul Hultrnan is riarried to i•tary F , Hultman, With residence at !1' 4453 Aldrich Avenue South, City of Minneapolis, Count of Hennepin �znr.esOta, and Applicant Harr..ld D. { 1951 C.? � Y State of t'•. r i Stafford is married to IsabelE.Stafford, with res n ice at Stat R0ucnt Avenue, City of Minneapolis,' Coc;r•ty of Hennepin, � State of Minnesota. Nelthc,r Paul 4 licar.t Hirltnar. nor Far Old D. Stafford are unc2_r e-ny disability; nor have they c.., been divorced. 1 The assessed value thereof, exclusive of imorove,: nts, accordi.r.g � tt to the lass: official assessment is $ // f c � �� j- The f 11 and true va:u thereof, exclusive 33 to the of im:�ieti r:rr B 1a f� last" official ! c r (To be rice: tamed from • �y '_ CUta� ?uclito.r - - - -- Attorn., t �`PR3t91970 Y �O- Ao lic<n: 4454 Rau. le, RtG l.-:ea o X. icCcnnor Filter .r'iCrc ;: �nhors;. Ciro _,.} _ ! Minnesota 55435 CSI °X e- L;A. ci. F j CI.:R�; _ C) ti's S, `� �c, . `�� Exhibit "B" 6 4 w C.; Description of land, situated in Hennepin Count is as follows; Y. :inr,eso'a# ; C j That part of tha Southeast Quarter of the Southwest- Quarter of Section 32, Township 28, Range 24, C6 and that part of the Northeast Quarter of the E r. Northwest Quarter of Section 5, Township 27, _ N Range 24, describedfas follows, to wit: Corz.encing {. On the South line o_ Section 32," Township 28, {{ Range 24, 21 3/4 rods west of the South Quarter ti 'Post sa_ Se• $ d ,, i thence North and.Parall.el with �. Y # the North anu South center line of said Section r it 80 rod to to forth Iine of the South One -half r of the Southwest Quarter said Sectio" t:Ie:ce' West along said Korth .line 30 1/3 rocs; thence t _~ South and parallel to the center line 80 rods to t the South line of Section; thence continuing•'South ` ,~ through the North One -Half of the Northwest � of Section S, Township 27, Range 24, and parall.eleT ' e with the center line thereof 67.4 rods to the South line of said North One -Half; thence East along said t South tine 30 1/3 rods; thence North to place of t beginning, excepting therefro:a the par-11 of land °- . described as follows: Tree North 330 feet of the East 188 feet of the .:est 30 4/12 rods of the 1 East 52 1/12 rods. rr , ! All of the P+o: to 73.435 rods of the East 21 3/4 i �< f rods of the Sout heast Quarter of the Southwest R• j Quarter or Section 32, Township 28 North, j Range 24, West of the 4th Principal Meric,ian, extent the East 165 feet thereof.. q The Soutn 607.0 feet of the East 21 3/4 rods of the t,_;rt%ieast Quarter of the Northwest Quarter of Section 5, Township 27, Ran.je 24. ! The North One -Half of the Southeast Quarter of c/ the Northwest Quarter of Section 5, Township 1 27, Range 24. ; E J The Nort?i 121 feet of the South 728 feet of ✓': i- the East lao feet of the Northeast Quarter of the ! .7•` Northwest Qua-cter, ext_- _maywnz3, Section 5, Township r_ }�.._. 27, Range 24. _ i ' C}i That part of the•South One -Half of "the Southwest I � Quarter of Section 32, Township 28, Range 24, R )� described as beginning at a point on the South f line thereof 359.375 feet West along said South i�C31. line from the Southeast corner of the 5oFthwuth �• Quarter of said Section 32; thence West along est pt m said South line 445.5 feet; thence North, parallel Ct to the Ea=t line of said Southwest Quarter, to the North Iine of the South One ?alf of the Southwest Quarter o,. said Section 32; thence East along said fi worth line .445:5 feet, more or less, to an "inter -: Zection with a line drawn North parallel to the East line .af szid Southeast r Quarter, from the Point of beginning; thence South along said last F: described nary J ' 11e1 line to the point of beginning. er-e—i-s— Lrerptecl -frorr -the-- foregoing -the - -fo Moving: 1, enervation of any minerals _ mineral fi�to the State of t• +'. nesota. i 2. Existing ro_ a ighways." \ 3. The right acquired pP4, s2zant to the judg:ents enter— in condemiation pro dings in the .�j di riot court for the Four th�iu' ia1 District +1 N n the County of Hennepin and State o - 'innesota ',� ► s— t ©— ez�se— �;��t�a_ - -r Sl:bfi }0-- end- :r1G631: --� ? } D. The estate or interest clai<<ed the is in fee simple _ r not subject to homestead. ple and. is A . i E. The names and residences of all persons or parties, except the applicant, who appear of record, or who are known'to the applicant to.have or claim any right, title, estate, lien or interest in the above described land: Name Street or Ave. Town or City_ County State Edward E. 211 Tyrol S;'est Bldg. ,t;pls. Hennepin Minn.^ Woody 1500 So. Lilac Dr. 55416 Etoc 211 Tyrol crest Bldg. apls Hennepin Minn. Company, 1500 So. Lilac Dr. Inc. 55416 Pauenhorst 4444 Rauenhorst Pipls. Minn. HenHennepin Corporation Circle Minn. State of State Capitol St. Paul Minnesota Ramsey I•iinn. Northern Nicollet Mall Mpls'. Hennepin Minn. States Power Com- pany - F. The land is not occupied, save and except for a certain easement running in favor of Northern States Po%•rer Company, whose address is Nicollet Mall, Minneapolis, tdinneaota. G. Liens and encumbrances on the land, recorded or unrecorded are as follows: Edward E. Woody whose address is 211 Tyrol West Bldg., 1500 So. Lilac Drive, Minneapolis, Minnesota, appears as Vendee in a certain Contract for Deed, dated June 15, 1968, file& Decemy er 18, 1968, As Document No. 930240, covering the property described in Paragraph C above, together with other lands. " Etoc Company, Inc., a ?Minnesota corporation,hs acquired a one - -half' undiviced interest in the Vendee's interest in the aforesaid Contract for Deed, by unrecorded instrument, made liy and between Fdward E. Woody, and joined in by his wife, Barbara troody, as Grantors, and Etoc Comnaily- Tn, �, r. -s. .._ i { E f � �G 1 I .k 't t E' i t i r I I f 1 4 10 A, t # 7.. } l iiauenhorst Corporation is the Vendee on- a certain Contract for Deed made by anc. bet:;ec, z Ed:card E. :•,00dy and Barbara 'rioodv, his Wife' and Etoc Ccm az1, Inc., i a Minnesota corporation, as Vendors and Rauenhorst Cor =oration as Vendee " - t' covering all that portion-- �.._.. of the land descri -nd �; ' in P G� i i -- _ ragr•�ph C above, lying South of the South right -of - %ray line - of Interstate Ftighr:ay PIO. 494. ,� P ,F t Rauenhorst Corporation is an Optionee under a certain Option Agree-�� Agreement ♦ i �- :race by arid bet::•een Edward E. F:oody and Barbara ;goody his wife, and Etoc r_ �'. t oz ?any Inc., a Minnesota corporation, as Optionors, andcRauen:.orst Corporation, as optionee, covering all that portion o� the t i property described in Paragraph Cabo re, lying North of the North line of g Interstate riighway No. i 494. Said Option Agreement terninat =s on the 15th day of December, 1971. „ �._ The State of Itinnesota, whose address is State Capitol, St. Paul, Minnesota, has acquired certain, i ' — rights by virtue of that certain final . certificate in a condemnation action dated August 2, 1963, filed in the Office of the Register ' of Deeds of Hennepin County, Oil September 5', 1963, in Book 2405 of Deeds, Page 205, F as No. 3128014. Document ;•' Northern States Poxer Company has acquired certain rights, privileges and easements relating to, tha construction, operation, and maintenance of an electric transaission line, together with all to;'ers, structures, pales, cxoss -erns, cables, wires, ` guides, supports, p. , fixtures and devices pursuant to a certain ease- mortt. grant dated October 30, 1959, filed in the z office of the Register. of Deeds of Hennepin County, on December 2, 1959, , s as Document No. 37.11015, as am „ended by that certain Quit. Claim Daed dated t August 26, 1960, filed October 6, 1960, in Book 2272 of Dceds, Page 447. i H. There are no othC persons having or claiming any estate or interes., in Zax R• or in equity, in possession, remainder, reversion, • or expectancy in said land, ¢ I save and e::ceot those •, parties named above, j I. Applicant does not desire to register the boundary lines of said premises. j r I J. There are no substantial defOcts in Applicant's title. PtHERE.,ORE, the Applicant prays the Court find and declare the interest or title o the p •`{. n , plicant in said land and decree the same and order the Registrar ;.. oL Titles to register the same, and to grant such other and further relief as shall be ! according to equity.. p (3i� Fiu1.TF- rIUL L3NIicant App HAROLD D, ST'F Fr'OD, IiC< Pff aicant . SUDSCRIBED AND S Iva P-N. to b -fore me, by the above named Applicants, this _ day of ��4 ' 1970.. Notary Public. ft -- - - -- County, si ,. Idy ccrrsiissioii expir�a- . Nawgr P:,Ue, 14, n pia co—ty. bps•• f . 10 A, t 11 O i 1 CC! Optional Assent of Mortgagee, Occupant or Other Parties in Interest The undersigned hereby assent to the registration of they above described real estate as prayed for by Applicants, Paul Hultman and Harold Stafford. In the Presence of:. r t' Eawward E. tv'oody r >�;•'_ > r 1.��_ ETOC c0= 4FANY, INC.' BY 1 � Its CCOF.PO�tiTE SEAL} �¢�'_ BY In/tri? Pre-11 f• Its -- i� ROUE \FiORST CORPORA'T'ION F' r Its ,y° E i (COrPOR-ATE SEAL; BY j f"( ! A.SSE \'i O: SPOUSE - - - � We hereby y assent to the -real registration, of the above described 02 i estate as prayed for by Paul who are our Hultman and Harold D. Stafford,._ respective husbands. i " .. `In. the' P esenceof. Fu1�.aan Mary B. ( wiife of Paul Hultman) _ Isabel E. Stafford - (wife of .Harold D. Stafford) Jf . _A y STATE OF MINNESOTA ? I, ) ss: COUNTY OF HENNEPIN ; r. On this L day of (�/ .0 before ne, a Notary Fublic, wzthin and for saic County, personally appeared .MARY a. HULTtL?N (wife of Paul Hultman) (wife of Harold and ISABEL E. STAFFORD 1' 4 D. Stafford), to who signed the foregoing Assent, me known to be the persons and acknowledge that they executed j the sa:,ie as their free act and deed. C% �it .o � fil i __i'I t Noary }Publac • . Z'Fi1i{EP. ??.Ii .d CEi .� £r`1�++ tt ___h:.tq:q_L,,, f roc r�i+Co,.7r— ir'•T.S- ---____.._ p. . i O i 1 CC! Optional Assent of Mortgagee, Occupant or Other Parties in Interest The undersigned hereby assent to the registration of they above described real estate as prayed for by Applicants, Paul Hultman and Harold Stafford. In the Presence of:. r t' Eawward E. tv'oody r >�;•'_ > r 1.��_ ETOC c0= 4FANY, INC.' BY 1 � Its CCOF.PO�tiTE SEAL} �¢�'_ BY In/tri? Pre-11 f• Its -- i� ROUE \FiORST CORPORA'T'ION F' r Its ,y° E i (COrPOR-ATE SEAL; BY City Council, City of Bloomington (Seal) 70. to Whom It Concerns hereby approves the plat for City of Bloomington, Hennepin Paul Hultman and Mary B. Hultman, husband and wife, and Harold D. Stafford and Isabel E. Stafford, husband and wife, owners and proprietors, and Edward E. Woody and Barbara Woody, husband and wife, and Etoc Company Inc. (Minnesota Corporation) (Corporate Seal) first contract for deed purchasers and Rauenhorst Corporation (Minnesota Corporation) (Corporate Seal) second contract for deed purchaser 71. to The Public • Certified Copy Resolution Approving Plat Dated December 15, 1969 Filed December 23, 1970 Book 70 of Hennepin County Records, page 3863279. Resolved, that the City Council of the City of Bloomington Northwestern Financial Center Addition, County, Minnesota. Plat of Northwestern Financial Center Filed December 23, 1970 Book 70 of Hennepin County Records, page 3863280. Know all men by these presents: That Paul Hultman and Mary B. Hultman, husband and wife, and Harold D. Stafford and Isabel E. Stafford, husband and wife, owners and proprietors, and Edward E. Woody and Barbara Woody, husband and wife, and Etoc Company Inc., a Minnesota Corporation (Corporate Seal) first contract for deed purchasers, and Rauenhurst Corporation, a Minnesota Corporation ( Coruorate Seal), second contract for deed purchaser, of the following described property, situate in the County of Hennepin, State of Minnesota, to wit: That part of the North Half of the Northwest Quarter of Section 5, Township 27, Range 24, described as beginning at a point on the North line thereof 859.375 feet West along said North line from the Northeast corner of the Northwest Quarter of said Section 5; thence West along said North line 445.5 feet; thence South parallel to the East line of said Northwest Quarter to the South line of the North Half of the Northwest Quarter of said Section 5; thence East along said South line 445.5 feet, more or less, to an intersection with a line drawn South, parallel to the East line of said Northwest Quarter from the point of beginning; thence North along said last described parallel line to the point of beginning. And the West 30 1/3 rods of the East 52 1/12 rods of the North Half of the Northwest Quarter, Section 5, Township 27, Range 24. And the South 607.0 feet of the East 21 3/4 rods of the Northeast Quarter of the Northwest Quarter of Section 5, Township 27, Range 24. And the North Half of the Southeast Quarter of the Northwest Quarter of Section 5, Township 27, Range 24. And the North 121 feet of the South 728 feet of the East 180 feet of the Northeast Quarter of the Northwest Quarter, Section 5, Township 27, Range 24. Have caused the same to be surveyed and platted as Northwestern Financial Center, and do hereby donate and dedicate to the public, for public use forever, the avenues, street, highway, and easements for drainage and utility purposes as shown on the plat. In witness whereof Paul Hultman and Mary B. Hultman, husband and wife, have hereunto set their hands and affixed their seals this 9 day of July A.D., 1970. And Harold D. Stafford and Isabel E. Stafford, husband and wife, have hereunto set their hands and affixed their seals this 9 day of July A.D., 1970. And Edward E. Woody and Barbara Woody, husband and wife, have hereunto set their hands and affixed their seals this 10 day of June A.D., 1970. (continued) 72. 73. W (No. 71. continued) And Etoc Company Inc., a Minnesota Corporation, has caused these presents to be signed by its proper officers and its corporate seal to be hereunto affixed this 10 day of June A.D., 1970. And Rauenhorst Corporation, a Minnesota Corporation, has caused these presents to be signed by its proper officers and its corporate seal to be hereunto affixed this 9 day of July A.D., 1970. Surveyor's Certificate attached dated March 27, 1970. Approved by the City Council of Bloomington, Minnesota, December 15, 1969. Checked and approved by Elmer J. Peterson, Hennepin County Surveyor, December 4, 1970. Contains 2 Blocks numbered 1 and 2, and Outlots A and B. Block 1 contains 1 lot numbered 1. Block 2 contains 2 lots numbered 1 and 2. Etoc Company, Inc. to Whom It Concerns Doc. No. 1801083 Paul Hultman and Mary B. Hultman, his wife and Harold Stafford, a.k.a. Harold D. Stafford, and Isabel E. Stafford, his wife to Edward E. Woody and Barbara Woody, his wife and Etoc Company, Inc. (Minnesota Corporation) Articles of Incorporation Dated May 31, 1935 Filed June 12, 1935 Book 331 of Misc. , page 405 Perpetual duration. Warranty Deed Dated December 15, 1970 Filed December 23, 1970 Book 70 of Hennepin County Records, page 3863281. (See Exhibit "C1° hereto attached) J Exhibit "Ctt i `p .. �_ •+ ” � wa +.n•r a „a Form No. 1 -i1 lAl11—D-1. cn, nllnn . �fl.. salnn. __)ads,:dvai to Ind:.IJu.t lrtlnneootp Unlfn C • <t.nclnp Blanes �1.51)� 11 �- 111bL'Y tUrEs .Clad, this. .. ! ..._ ` day of N(2VGI^b,.r .. 19 70. between. Paul. Kultman, and Mary B.- Hultman, his wife and Harold Stafford/ _ _ .._ and "Isabel CID E. Stafford, his wife, � of the Count o .... Hennepin ............... -. and Stat e o . . ...... '... y / ...._.... / .Minnesota of the first part, and .. Edward E _.Woody and Barbara Woody,- his wi.ie,..... - ------ ------ -------- --------------------- .. ...... ------ -- ............ ........... ....................................... - of the County of ............... ..Heanepin .. ... and State of ..........Minnesota VA wX ecftzta K, xx, and ETOC COMPANY, INC., a corporation under the' laws n of the State of Minnesota, parties of the second part. WitntUtth, That the said parties of the first part, in consideration of the sure of OneJ)ollar..and... other. - .v- aluahle..considerat ion.. ......................................... 7C %. to ._.......them ........ _ ...... .......in hand paid by the said porteS, of the second part, the receipt it-hereof is hereby aeknotuted fed do....., hereby Grant, Bar.atn, Sell, and Conaey tento the said part ieS_............! of the second part, their .....heirs and asst Fns Foreeer, all the tract.... or parcel ... of laud lying �t and being in the County of,.. ......... ..Hennepin .-- ... -.... and State of.Linne.sota, described as follore.q. to -IL - r. q E ` T.NS r� PART a t QYST't.0 =LNT � /S .•` at part of < . fa_cwi Described :.-acts of land -11 South of the Sr,: -- :1 -e c:: *a.vay No, 494, =V? described as :'o" - i` JI e Tract 1: Thu pa__ ;_ _, So;:_:east Quarter o: the Soul:.- west Quartet c: Section 32, Township 23, Rz Ze 24, anc t_a pa_- of zhe lKortheast QtLrter o: ,1 the :\or,�tives: _ut -ter of Section 5; Toty .shi: { i 1 27. Raz_,�e 2_, case load as :oL'ows, to -%Vi' Con itaenc. _,, ca L_e So;:tn lure of 32, t losv ?: 23, P --=-e 24, 21.75 rods West of ti.e � +\ South Quarter post said Sec*_ior<; thence Nor h and pare" I cilt:_ tha North and South center _. ' I!::-.e of said, Section 30 rods to tae i:crt_h line of the so-ath o_.. - o: the.Sou.thwest Qur,rter Of sae S4clioa l heace itesl a:on-t said North _ Y h. z 3G,113 ds -once Souln z=z Oazaliel to � the ce l e SO rods to Ina South line of the sectlo_., le;ize co..elaulro South thr ouch the Aorti_ o =e-hal: of the 'Northwest Quarter o.`. i _ -Sec- -1 5, 170%v ship 27, .^wage 24 and parailel wits the. center line thereof, 07.4 reds to the t South line of said North one -half; thence East j : along sale Suit litre 30 113 rods; Bien ce North } to the place of begi wing, excegli to therefrom Qthe parcel of land described as follows; The i NorOx 330 lee, o_° L-a East 188 fee: the' West ' 30 1/3 East rods'of the 3 z-you s.� S2 � , .. t � ` .ow.A• .So.. rr��. �.:a,G cJ a�, 50-.:.- �.t. -. -� f.•�'... ::t:.y � Tract 2; Tne South '007. ` , 7. :aeL of the East 21. 75 rods V of.Lhe Northeast Quarter o: the Itiorthwes.t Quar- LLI ter of Secl:or. S. Township 27, Range 24, tll� Il Tract 3: Tae North one- hz.T_Z of the Southeast Quarter � !' 4 _ ' of the•\orthwest Quarter of Section 5, Town -. 27, Rance 24. ship Trac E; The Atorth 121 feet of the South 728 feet of ' II t the East 180 feel of the l ortheast Quarter of the Northwest Quarter except road, Sectio:t j i 5,' Towsbip 27, Range 24. �1. Q Ea. f Exhibit "Ctt 0 • k Tract 5: T hat ?art of the \or.._ : a:: oz the \o..:we6'. Qua "stet. oz Sact:c : 5, :o:vasii? 27, :2aaSe 24, described as bela.. a: a point on the Korth Iina, thereof - S59.375 feet Vrest - CO _ along said \orth " L] CV, S 7. To �)abc anb to 31701b thr .6amC, TOfether With -11 the hereditament -* and appurtemqmcex thereunto belonfing Orin anyu-i3e appertainin47, to the said parties of the second part,_ . their kei" and a3siing, Fare ver. ✓In d the said ..... Pau I Hultman and Mary-B..Hultman, his --------- wite..azd--Iilx.old.- Staff.ord..and Isabel E.. Stafford, his wife, e, PartteS 01 the 111'se Part, for.. theMSelveS, —th-ei.r ... heirl. exect(torm and adittinbitrutor.v.,10 C`orcnWit with the said parti.es olithe second part, their heirs and axxien*, that .. ... t -ellseizedinfreoltheland Ahey are lands and eO.JellaJJtl.,ft,-_, the Rafticin inanner and form aforesaid, and that the same are free front all, inctim broil Cps. STATE DEED TAX DUE: $990.00 Jxd the above bar Pained and dranted lands and preinisrs, in th e quiet and peaceable poxies-vion of the *aid pertJ.P.1of the second part, the! r....heirs and a.i.vid,l.i await , 11 t ns lan-fully Cluip'ling ga IN a perso OF toy clai?n the whole or any part thereof, subject to in cit tit bruit C-es, ifany, herein before mention-J. the #a;dpartJ9SoJ the ftrst part wilt Warran (and Defend. Tf1;tinWnp Mbtrtof, The said part I e' sof the ftrst part hate hereunto set. .........their -- ---- - kand'�- the c day and year,4r3t a bove written. In Presence of I t ma n Ef ul ru a n J Z� . ....... -4 Harold fff6jZf a f6ri ilk, Isa el E. rd , Staffo- •r) :C, LLJ J U - W- r- -1 L A Northwestern Financial Center, Inc. 74. to Whom It Concerns Edward E. Woody and Barbara Woody, husband and wife 75. to Northwestern Financial Center, Inc. (Minnesota Corporation) n u Articles of Incorporation Dated March 9, 1970 Filed April 9, 1970 Book 70 of Hennepin County Records, page 3824023. The duration of this corporation shall be perpetual. Filed with the Secretary of State of the State of Minnesota, March 31, 1970. Warranty Deed Dated December 15, 1970 Filed December 23, 1970 Book 70 of Hennepin County Records, page 3863282. Consideration $1.00, etc. (See Exhibit "D" hereto attached. 0 R , ,... . _. _ _.. K n D Co. !t .. tea . d at w co cod Form No 3 M. o i... Mo. Yinam ca O .. Covcnn nq BLmk, (w3p. ' fjt Inbenture, .ifade this .......... _..�.S...rN........... day of .f? ....... ' :, betmccn .......... - - - -- •Fa 41'(?f ^r AT' A. {t"cCtn� _T............. CV, ...................... A. v... f} oj the County of.. -- — ......f ?e.nnep.ri -- and State of.................... .... ti,. nnesp: a..... ..- ........__................., part_�..e.s of the Just part, and ................_..... N{?RTT[{YF.S.1 :.1 :!iv.._3 :IS: `C.IAT..._r NTl:,"..._.. I .tiC..........._........._...... M__ _..._.. . ,._._— . - - -.__ a corporation icnctcr the lanes of the State of .. ........... ......... ............. .... .ra.0.eS.Q.t..11 ...... ...... party of the second part, Wit"OSCtli, That the said part?.£.5... of the first part, in consideration of the runt of e.a:....gond....a.nd...v.a lugb.I......c.s ?.n.s..cl.e.a'a..t.a. to. ...... — ..tlletl_.__.___- __in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, do ._..._. hereby Grant, Bargain, Sell, and Convey unto the said park/ of the scented part• t t i its successors and assigrs, Forever, all the tract..... or parcel.... of land lying and being in the County • of_ ._ ..._....- FI,gnnepl,n._.- ...__.,_.__...._,and State of Afinnesota, de$ cribed as follows, to-wit: oSj�d�16 `cVp `T • That part of the following; described tracts of land lying South of the South line of Interstate ttighw•ay No. 494, described as follows, to -wit: Tract 1. That part of the Southeast Ouarter of the Southwest Quarter of Section 32, Township 28, ?ange 24, and that part of the Northeast Ounrt�of the Northwest Ouarter of Section 5, Town - ship 27, Range 24, described•as follows, to -wit: Commencing on the South line of Section 32, Township 28, Range 24, 21.7: rods West of the South Quarter post said Section; thence North and parallel with the North and South center line of said r% Section 30 rods to the North line of the South one--half of the Scuthw-est Quarter of said Section, thence west along; said North line 30 1/3 rods; thence South and parallel to the center line • 80 rods to the South line.of the Section; thence continuing South through the North one -half of the Northwest Ouarter of Section ,, Township 27, ?an €;e 24 and parallel with the center wt line thereof, 67.4 rods to the South line of said North one- half; thence East along said South line 30 1/3 rods; thence North to the place of beginning, excepting therefrom the 4 parcel of land described as follows: The North 330 feet of the East 188 feet of the West 30 1/3 rods of the East .`2 1/12 rods of said Southeast Quarter of the Southwest Quarter. Tract 2: The South 607.0 feet of the Fast 21.75 rods of the Northeast Ouarter of the Northwest Quarter of Section ' !y .`, Township 27, �. Range 24. i, Tract 3: The North one -half of the Southeast Ouarter of the 'northwest yC? Ouarter of Section 5, Township 27, Range 24. Tract 4: The North 121 feet of the South 728 feet of the East 180 feet K7 of the Northeast Quarter of the Northwest Quarter except road, CSI Section . , Township 27, '.ange 24. V : Tract `: That part of the North half of the Northwest, Quarter of Section Ld :, Township 2.7, ?ange 24, described as beginning at a point on the North line thereof Si-9.375 feet West along said North line frr. from the Northeast corner of the -Northwest Quarter of said R,;rr Section 5; thence west along said north line 445.; feet; thence South, parallel to the East line of said Northwest Oun-rter, to the Scuthrline of the Korth half of the Nortiw'esi Quarter of said Section z.. thence East along said South line 44:.5 feet, more or less, to an intersection with a line drawn South, parallel'to j x�q the ^ast line of said `;orthwast Quarter from the point of begin- ning; thence North along said last described parallel line to the point of beginni°;j said premises being also described as Lots 1 ' and 2 gg11ock 2, and Outiot A, Northwestern Financial Center, Subject to the lollov,ng; Iexceptions: Exhibit "D" 3� • L..__ _. 1 Oc - _ k CO) tU _ 00 I I t7 - I 1 r r t -.tom 2rh 2 i, • - r • - i Q) - (,t] 41) Building and zoning laws, ordinagces, state and federal ' regulations; (2) %estrIctions relating to the use or improvement of �. premises not .subject to unreleased forfeiture;. ' (3) Reservation of any minerals, or mineral rights to the j State of Minnesota; { (4) Streets, highway and utility easements; ' ..' (5) Existing roads and highways; (6) The rights of the public acquired pursuant to the judgments entered in condemnation proceedings in the j District Court for the State of Minnesota, Fourth Judicial District as Case No. 516510 and F1f811. i {t , , Ilk Ir 100 �. f 4 Q 0' Ld WTIl d i ZO babe anb to tjolb or dame. Together with all the harutitarnea :ts and appurtenances thereunto belonging, or in anywise appertaining, to the said part of the second part, its successors and assigns, Faa• e:; er..4nd the said ...........Edward E....._�Vocdv and_;_. a. ri�a. ra._ Fi .. ........ ..........._ ?.. gad._ u' i.? e, .................._.....__... -' - -- ._......... ................. ........... _..-- part 3 C* of the first part, for . XhertSel.yeS , „_tite 1 _ _ktirs, executors and administrators, do ....... covenant with the said party of the second part, its successors and assigns, that they.., a re ................well seized in fee of the lands and prentises aforesaid, and ha S -e_- good right to sell and convey the same in manner and form aforesaid, and that the same are free from all incumbrances, 09 �� SAYE Di "' �. • L/ is P 1 . \.i F 1YilI��BSS ? � TAXATION . so _ DEED bete Ta ; l �` r. STAM? a TAX end the above bargained and granted lands and pr-e;njks, in the quiet and peaceable possession of the said party of the second part, its successors and asst Kns, against all prrsona iatvfull y elaiming or to claim the whole or any part thereof, subject to incumbrances, if any, hcreinbef ore mentioned, the said parti.es.. of the first part will Tlrarrane and Defend. l hell` hereunto sst ......t.h.E.�.t _. 31n Tr hncnp Vbereol, The said part._ �f 7 e first par \_� kandS...'the day and year first above written. \ IaPresc eof _ ��CtS�:.._..... ::�.._........ - -- � Edward E. ,W co y / �, Barbara arba ra Woody 0 r �• i I t— 4 a i' x r �• i I t— 4 76. 1i Etoc Company, Inc. (Minnesota Corporation) (Corporate Seal) to Northwestern Financial Center, Inc. (Minnesota Corporation) Warranty Deed Dated December 15, 1970 Filed December 23, 1970 Book 70 of Hennepin County Records, page 3863283. (See Exhibit "E" hereto attached.) M to 00 j1 �1 1 a corporation under the laws of the State Of .................._. nneso t a•_,____,___••....... part, of the ftrat part, and NORTHWESTmN PYNANCIAL CENTER, INC. 2(i nnesot ?.....-•-- -.__....... party of the second part, a corporation under the laws of the State oj........ _........__.__....... JM.tne95t8j, chat the said party of the first part, in consideration'of the sum oj:___J0.0.V.- ne.11.a r DZMZXFA to it in hand paid by the said party of the, second part, the receipt whereof is hereby acknnwla'Fed, does le"y Grant, Bargain, Sell, and Convey unto the said party of the second part, its suc -cmars and assign. Forever, all the tract —or parcel.........of land lying and being in the County and State of Minnesota, described as forows, to-wit: �`\t' Q�C►4� YI� G, Fp That part of the following described tracts of land lying South of the South line of Interstate Highway No. 494, described as follows, to -wit: Tract 1:'':That part of the Southeast Quarter of the Southwest Quarter of Section 32, Township 28, Range 24, and that part of the Northeast Quarter of the Northwest Quarter of Section 5, Town- ship 27, Range 24, described as follows, to -wit: Commencing on the South line of Section 32, Township 28, Range 24, 21.75 rods {Pest of the South Quarter post said Section; thence North and parallel with the North and South center line of said Section 80 rods to the North line of the South one -half of the Southwest Quarter of said Section, thence West along said North line 30 1/3 rods; thence South and parallel to the center line 80 rods to the South line of the Section; thence continuing South through the North one -half of the Northwest Quarter of Section 5, Township 27, Range 24 and parallel with the center line thereof, 67.4 rods to the South line of said North one - half; thence East along said South line 30 1/3 rods; thence North to the place of beginnin .-, excepting therefrom the parcel of land described as follows: The North 330 feet of the East 188 feet of the West 30 1/3 rods of the East 52 1/12 rods of said Southeast Quarter of the Southwest Quarter. Tract 2: The.South 607.0 feet of the East 21.75 rods of the Northeast Ounrter of the Northwest Quarter of Section 5, Township 27, Range 24. r � Tract 3: The ;forth one -half of the Southeast Quarter of the Northwest Quarter of Section 5, Township 27, Range 24: Tract 4: The North 121 feet of the South 728 feet of the East 180 feet —` of the Northeast Quarter of the Northwest Quarter except road, Section 5, Township 27, Range 24. Tract 5: That part of the North half of the Northwest Quarter of Section 5, Township 27, Range 24, described as beginning at a point on the North line thereof 859.375 feet West along said North line from the Northeast corner of the Northwest Quarter of said Section 5; thence West along said North line 445.5 feet;-thence South, parallel to the East line of said Northwest Quarter, to the South line of the North half of the Northwest Quarter of said Section 5; thence East along said South line 445.5 feet, more or less, to an intersection with a line drawn South, parallel to the East line of said Northwest Quarter from the point of begin- ning; thence North along said last described parallel line to the point of beginning, said premises being also described as Lots 1 and 2, Block 2, and Outlot A. Northwestern Financial Center, Subject to the following exceptions: Exhibit "E" J -3 t J f r.rr,in Form No. 9-St. 111Wr -o 1 C+ Mlnn 1 L lfrrm C ,inrl p'U1 nk+ ti)F 1). - Cirporitl•n M CorD•n,M1cs ._,___ are, Made this .... ....................__LS- .-.. ...........................day e /_.{ `33ti�lCt '.• t e-.L:'j.L�: F;.,191L. between ................_. FTOC _,C0MPANY......I M to 00 j1 �1 1 a corporation under the laws of the State Of .................._. nneso t a•_,____,___••....... part, of the ftrat part, and NORTHWESTmN PYNANCIAL CENTER, INC. 2(i nnesot ?.....-•-- -.__....... party of the second part, a corporation under the laws of the State oj........ _........__.__....... JM.tne95t8j, chat the said party of the first part, in consideration'of the sum oj:___J0.0.V.- ne.11.a r DZMZXFA to it in hand paid by the said party of the, second part, the receipt whereof is hereby acknnwla'Fed, does le"y Grant, Bargain, Sell, and Convey unto the said party of the second part, its suc -cmars and assign. Forever, all the tract —or parcel.........of land lying and being in the County and State of Minnesota, described as forows, to-wit: �`\t' Q�C►4� YI� G, Fp That part of the following described tracts of land lying South of the South line of Interstate Highway No. 494, described as follows, to -wit: Tract 1:'':That part of the Southeast Quarter of the Southwest Quarter of Section 32, Township 28, Range 24, and that part of the Northeast Quarter of the Northwest Quarter of Section 5, Town- ship 27, Range 24, described as follows, to -wit: Commencing on the South line of Section 32, Township 28, Range 24, 21.75 rods {Pest of the South Quarter post said Section; thence North and parallel with the North and South center line of said Section 80 rods to the North line of the South one -half of the Southwest Quarter of said Section, thence West along said North line 30 1/3 rods; thence South and parallel to the center line 80 rods to the South line of the Section; thence continuing South through the North one -half of the Northwest Quarter of Section 5, Township 27, Range 24 and parallel with the center line thereof, 67.4 rods to the South line of said North one - half; thence East along said South line 30 1/3 rods; thence North to the place of beginnin .-, excepting therefrom the parcel of land described as follows: The North 330 feet of the East 188 feet of the West 30 1/3 rods of the East 52 1/12 rods of said Southeast Quarter of the Southwest Quarter. Tract 2: The.South 607.0 feet of the East 21.75 rods of the Northeast Ounrter of the Northwest Quarter of Section 5, Township 27, Range 24. r � Tract 3: The ;forth one -half of the Southeast Quarter of the Northwest Quarter of Section 5, Township 27, Range 24: Tract 4: The North 121 feet of the South 728 feet of the East 180 feet —` of the Northeast Quarter of the Northwest Quarter except road, Section 5, Township 27, Range 24. Tract 5: That part of the North half of the Northwest Quarter of Section 5, Township 27, Range 24, described as beginning at a point on the North line thereof 859.375 feet West along said North line from the Northeast corner of the Northwest Quarter of said Section 5; thence West along said North line 445.5 feet;-thence South, parallel to the East line of said Northwest Quarter, to the South line of the North half of the Northwest Quarter of said Section 5; thence East along said South line 445.5 feet, more or less, to an intersection with a line drawn South, parallel to the East line of said Northwest Quarter from the point of begin- ning; thence North along said last described parallel line to the point of beginning, said premises being also described as Lots 1 and 2, Block 2, and Outlot A. Northwestern Financial Center, Subject to the following exceptions: Exhibit "E" J -3 t J f •i c� Cat - • • a I i - N t! • , y R, • r ♦ If 1 M • N Ld - zrr :(1) Building and zoning laws, ordinances, state and federal. regulations; (2) Restrictions relating to the use or improvement of premises not subject to unreleased forfeiture; ' c • (3) Reservation of any minerals, or mineral rights to the !'r State of M nnesota; ^' (4) Streets, highway and utility easements; (5) Existing roads and highways; (6) The rights of the public acquired pursuant to the judgments entered in condemnation proceedings in the District Court for the State of Minnesota, Fourth Judicial District as Case No. 51687.0 and 51681E E i I • .�..,.+z v:. -eta , c.. _� . —_ .�_ - _ _ _ '_ • _. . _`- �` ^.. 't jij J wi s ®p i' C"? i 1 0 ; r— a U t1i �o jljabe anD to jolt the 4�ame, Together with 4E1 the hereditaments and appurtenances thereunto belonging, or in anytoiss appertaining, to the said party of the second part, its successors and aaeiQnt, POT - or the said ....... .. ... .... ......._....................... _.... or itself and its successors, does cot uith the said party of the second part, party of the first part, f f ,e a the ianda and premises aforesaid, and has food its successors and assigns, that it is well seized in f f sight to sell and convey the same in manner and form. aforesaid, and that the same are free from all aneumbran. .... s ....._. ... - 04 • STATE OF L1EPT. OF = �_ :�:��•� TAXATION= , STANpVCIej/��.;r'�,j 394.00 TAX dnd the above bargained and granted lands and premises, ai the quiet and peaceable possession of the it a the axond part, ifs a11,clesors and a- ssisns• against all persons lawfully eEaiming or to said y f part tiurco subject to ineumbrances, if any, iurecnbefvre mentioned, the as claim the whole or any Party of the fl -t fart will Warrant and Defend. 3tt restim _np %trtrof, The aaiii first party has caused these presents to to t-recuted in its eorporafe name Ly _ and its corporate seal to rat above written. 0 be hereunto afrLTed the day and year 1i Ca yvii? T tJ c In of B3* T- .... _ I Its. - -• —�� Secretary CORPORATE SEAL t i C 1 't jij J s i' 77. am Rauenhorst Construction Co. Inc. to Whom It Concerns Doc. No. 3094024 Rauenhorst Construction Co. Inc., (Corporate Seal) to Whom It Concerns Doc. No. 3456580 Rauenhorst Corporation (Minn. Corp.) (Corporate Seal) 79. to Whom It Concerns Doc. No. 3592842 Rauenhorst Corporation (Minnesota Corporation) (Corporate Seal) 80. to Northwestern Center, Inc. Corporation) Northwestern Center, Inc. 81. to Financial (Minnesota Financial ( Corporate Seal) Whom It Concerns 0 Articles of Incorporation Dated Nov. 8, 1957 Filed November 22, 1957 Book 791 of Misc., page 161. The duration of this corporation shall be perpetual. Certificate of Amendment of Articles of Incorporation Dated November 29, 1963 Filed January 15, 1964 Book 965 of Misc., page 553 The name of the Corporation shall be Rauenhorst Corporation. Filed with the Secretary of State of the State of Minnesota, January 8, 1964. Certificate of Amendment of Articles of Incorporation Dated February 8, 1966 Filed February 25, 1966 Book 1032 of Misc., page 327. Quit Claim Deed Dated December 21, 1970 Filed December 24, 1970 Book 70 of Hennepin County Records, page 3863769. Consideration $1.00, etc. Lots 1 and 2, Block 2 and Outlot A, Northwestern Financial Center. State Deed Tax Stamp $2.20 Amendment to Articles of Incorporation Dated - -- Acknowledged Dec. 14, 1970 Filed Dec. 30, 1970 Book 70 of Hennepin County Records, page 3864615. Filed with the Secretary of State of the State of Minnesota, Dec. 22, 1970. Northwestern Financial Center, Quit Claim Deed Inc. (Minnesota Corporation) Dated May 25, 1971 (Corporate Seal) Filed June 17, 1971 82. to Book 71 of Hennepin County City of Bloomington, Records, page 3889808. (Minnesota Municipal Corporation) Consideration $1.00, etc. A permanent easement for street purposes over and across that part of: Lot 1, Block 2, Northwestern Financial Center, lying Southwesterly of a line running (continued) (No. 82. continued) from a point on the South line of said Lot 1, distant 40 feet Northeasterly from the Southewesterly_ corner of said Lot 1, to a point on the West line, distant 40 feet North of the Southwesterly corner of said Lot 1. Northwestern Financial Center, Inc. (Corporate Seal) 83. to Northern States Power Company (Minnesota Corporation) Easement Dated October 21, 1971 Filed October 27, 1971 Book 71 of Hennepin County Records, page 3913720. (See Exhibit "F" hereto attached.) . 3 .�_, " -- -` �_- e.,..r_s-- a,c� -.: t...�- r>.-••- •-mil'---. � - '_ ` _•.. -.:. - _ ___.- _ _ _ .a.. ._ � __.• __ ._- �.a.. -... _- .- r -'�_. _.'•r-- - -- -" -- . 1 1720 i - UNDERGROUND EASEMENT ' 1Q..�ItJ l y: -Project 2811 W-(8 AAD /`'� s %y'. a ✓vs Y kNOW A-LL -SEEN BY T IESE PRESENT,,. That the umfersigaed, hereinafter'callcd "Grantor ", in co,":drration'of the - ( Cn sum of SI.00 and other -g—d and valuable consideration in hand paid by: NORTHERN- STATES POTER- COMPANY, a - - Minnesota corporation, the receipt and sufficiency ahercof is hereby acknouicdged, do hereby grant unto said Company . t -its successors and assigns. - hereinafter called ••Grantee ", the right, pri.ilege, and casement to excavate for, construct, - install, mirk, operate u,. pect, maintain repair,- alter, replace, reconstruct, or remove -clect.ic cAbles, "wires, conduits, - .A vault~, pedestals, manholes, and facilities related and-'appurtenanr thereon, on, under and across the following described (� F ; - H?P'12DYn - - - - bt 2'LtlO-3C to • land sicuared in -tree Count} uf_._____� State of "1 _�_ .. _ +I Lots 1.. and 2, Block 2; Qutlots A and B, .: - -- -- all in Northwestern - Financial Center - according to the recorded plat thereof. L, TRANSFER ENTERED OCT 2 6 197 - - CREPT. OF FINANCE - HENNEPINCOUN -:yi, WN [ r By ,'T �`-" -.may'. „[[•DEPUTY :e Said easement shall be limited to: - - -- - The East 10 feet, the 10 feet and the Southeasterly 10 feet of Block 2; and as to a< - outl.ots A and B, a strip of land 10 feet ! in width which lies parallel with and } -_Q adjoining the public street or public streets i ;f upon which said land abuts, i Z} • q.. STATE O}F u''/ DEPT. OF _ 1 TAXATION t DEED'- STAM.r ocrae r, q ,£ ? 0 2. 2 O _ e TAX p The grant of easement herein contained shall also include the tight of reasonable access to said easement across I , said lands for the purpose of exercising the rights granted herein, rogether with the right to remove from said easement any structure, trees, shrubbcry,or other object or obstruction which in Grantee's opinion interferes with said facilities or the cer,oval of which may be reasonably accessary for the construction or maintenance. thereof. � r r j - `- _ Excepc as otherwise provided herein or in any Underground Distribution Agreement between. the Grantor and Grantee covering the above described premises, Grantee shall, after installation of the above described electrical fae- ilitics, or after the exercise of any rights granted herein, restore the lands subject to this easanent to as near their 1 original condition as is reasonably possible and remove therefrom all debris, spoils, and equipment resulting front or used t k in connection with the underground installation. • t s Grantor further agrees that no structure or obstruction will be erected or permitted on or within said easement, t,•i.' •.J:• that be will not change the ground elevation thereof without the written consent of Grantee, or perform any act which will interfere with or endanger said electrical facilities. ia ! The grant herein contained shall also include Elie ri ght of Grantee to permit the use of said underground easement .� s ? by gas distributiou, cable television and telephone utilities. Grantor covenants with Grantee, its successors and assigns, that Grantor is the owner of the above described ` prcmisrs and has the right to sell and convey an easement in the manneEand foe aforesaid. This instrument and the covenants and agreements contained herein ate binding upon the Grantor, his personal t representatives, heirs, successors and assigns: - - - - "-1 t !�3 (Over) r _t _ - I Exhibit "F" 0 i. 7 Docurnentary tax of the State of-�—Vijar C11) due on this instrument is TH19 INSTRUMENT WAS DRAFTED BY NORTHERN STATES POWER COMPANY. NSP Address --milme�0 IIS Minnesota C! ty State IN WITNESS THEREOF, the Grantor has caused this instrument to be duly executed this 2 October ig- 71 7— IN PRF'SENCE or- Nor hwe-stern —Firia-lacial Center, Inc. ty by V1 N and President STATE OF—Minne ala— A T C 0 COUNTY OF-Jie-r1Zj-e-P_jn On this of 19 County, personally appeared before me, a Notary Public within and for said and to we known to be &.e persons described in and who executed the f—egoing instrument men( and ackoo�lcdged that they executed the same as their free at-t and deed. A Notary Public County My Commission Expires STATE OF MjLirA_Q_;�Dt_a, COUNTY OF—E=.e n )- On this 21 day of Qc:t County, personally appeared -- 1 19---33—, before rue, a Notary Public within and for said nia n r d --N—A—S-ChEtalb eLx:gej:— to me C. personally k--u, who, being each by we duly ..ono, did say that they are respectively the V and the _p_r the corporation rk=cd in the foregoing instrument, and that the seal affixed to said instrument is -s'eAl of said corporation, and that said instrument was signed and scaled in behalf of said col7poratioa by ad�s. Directors and said --y CA= , �a,of aOr--- and Ch acknowledged said instrument to be the free act and deed of 'lid corporation.n cm Notary Public -B-e-W jAn_--l� fin Illy Commission Expire�! g - 2 Ej-7f; - en Notary Public, Hennepin County, Min". o My Commission Expires Juna 2.6, 197&1 —3 Cr < lJ C4 O . w Ir C. � 1.11 F ' C, < 1 21 1- 0 cc z LLJ 'A o - C, Ltj Lij LLI LL— W 0 -6 LL- L W y .2 cs LJ C) CQ 7, 7' T-( Ar 84. :. s Northern States Power Release of Easement recorded in Company (Minnesota Book 2238 of Deeds, page 292, Corporation) as Doc. No. 3211015. (Corporate Seal) (See No. 62 ) to Dated March 17, 1971 Whom It Concerns Filed Nov. 19, 1971 Book 71 of Hennepin County Records, page 3917954. Consideration $1.00, etc. Does hereby release and abandon that certain Easement over and across the following described real estate in the County of Hennepin and State of Minnesota, to-wit: The South 607 feet of the East 21 3/4 rods, the West 30 1/3 rods of the East 52 1112 rods, Section -5, Township 27, Range 24. This release applies only to the easement recited above and not to any other rights of Northern States Power Company within the property described above. Northwestern Financial Center, Inc. (Corporate Seal) to Northern States Power Company (Minnesota Corporation) Easement Dated June 24, 1971 Filed Nov. 22, 1971 Book 71 of Hennepin County Records, page 3918211. (See Exhibit "G" hereto attached.) l� .3:)1,921 1 z KNOW ALL MEN in consideration "Grantor" BY atio PRESENTS, that the undersigned, hereinafter called F n of tha gum Of One Dollar > valuable consideration to Grantor in hand paid b ($i,oG) and other a Minnesota corporation, hereinafter c Lled y Northern States Power gCompany, 4 its successors and assi assigns, a "NSP ", does hereby grant unto NSP, 1 construct, o g the perpetual right, privilege and easement to i, Aerate, maintain, use rebuild or remove electric transmission Lines } cons all towers, structures, poles, ebuildrm f_ counterpoises, fixtures, and devices used ors useful ein the eoperation, main- tenance Ys, supports, tenance and use of said lines through, over and across the following described +` lands situated in the County of Hennepin, State of Minnesota to wit: -~ : sj Block o (2)' Block Two (2), Northwestern Financial Center; and Lot one ock (L) Two 2 . ( ), Northwestern Financial Center, except that a One (1), Block Two (2), embraced within that part of the North N.alfaof the Northwest Quarter N Range ( 4 h e cribed as Five (5), Township Twenty Seven (27), the 8 Twenty Four (24), described as beginning at a point we the North line 4 thereof Eight Hundred Fifty Nine and (859,375) feet West aloe Three Hundred Seventy Five Thousandths Northwest Quarter g said North line from the Northeast corner of the . ± line Four Hundred (NWT) °f said Section Five (5); thence West along said North Forty Five and Five Tenths (445.5) feet; thence South, parallel to the East line of said Northwest Quarter, to the South line of the , North Half of the Northwest Quarter M N4-) of said Section Five East along said South line Four Hundred Forty Five and<' more or less, (5); thence to an intersection with a line drawn South Five (445,5) feet, line of said Northwest Quarter NW i ning; thence the East- along said last described parallel line 0 tott Ile pPoint oofb beginning, according th 1.° to the plat thereof on file or of record in the office of the Registrar of . f Titles in and for said County. Provided, however, that except for the right of access, the rights I granted herein shall be limited to a r in width, said strip of land lying strip of land Fifty (50) feet of the following described Line, and extensions(thereof, to with side i •f Cocmneucing at the North quarter corner of Section Five (5),.Township Twenty- Seven (27) North, Range Twenty Four (24) West and the North -South quarter line of said Section Five 5 thence running South alottg of Six :£ i Hundred Seventy Two and Four Tenths (672.4) feet to the a Point aofebeginning of the line to be described; thence deflecting (890301) to the right Two Hundred Sixty Eighty Nine degrees Thirty minutes One degree Forty Nine minutes Olo Y Nine (269) feet; thence deflecting and Fifteen Hundredths (493.15( 49') to the left Four Hundred Ninety Three Nine minutes Hundredths ` ) feet; thence deflecting Fifteen degrees Twenty to the left Four Hundred Eighty Five and Six Tenths (485.6) feet- thence deflecting Two degrees Forty Two minutes (02042') to the left and running to the West line of Lot One Two (2), Northwestern izf- Financial Center, and there terminating, (1), Block Cn Anything herein contained to the contrary notwithstanding, Grantor reserves encroaching on the above described easement, said encroachment subject to the right to construct a drive -in teller building the following provisions; i0 1. The right of encroachment herein granted shall be limited to that part of the above described easement strip described as follows: Commencing at the intersection of the North line of the above ' described easement strip with the North -South quarter 1' Section 5 To h' 11 wns ip 27 North, Ran one of along the North line of said easement 4strip �atdistancenofnapproxerly imately Two Hundred Ten feet (210') to the actual point of beginning of the encroachment to be described; thence continuing along said North line a distance Of approximately 30.5 feet; thence deflecting approximately 1050 to the left and running to a point approximately thence edeflecting to (measured t right theleftandrunningetotsaidaac tualtpointeof beginning, and there terminating. - I - Exhibit "G" 3 4� i, i� Irf ' � - P• -; ; .. .., -.,ice 2. Grantor shall be limited to constructing one building of non- PO !-J combustible materials, said building not to exceed an elevation of t 882 feet above mean sea level, 1929 adjustment, The roof of said ' building shall have a minimum Mire resistance rating of two hours as approved by Underwriters Laboratory, Inc. 3. Grantor agrees to assume all liability and to indemnify and compensate NSP for any injury or damage to persons or property including NSP's property or employees occasioned by or arising in connection with the t use of the above j premises by Grantor, and Grantor further agrees to defend, indemnify and save harmless NSP against all actions, claims, damages or demands which may be brought or made either against NSP i or against NSP +s interest in the above described land by reason of i !� 1- anything done by Grantor in the exercise or purported exercise of the rights and privileges herein granted. The liability of Grantor hereunder shall not extend to any losses sustained by acts of God, 1 acts of NSP or its assigns, or acts of third parties over whom Grantor has no right of.control 4. Grantor expressly waives all right, claim or cause of action which Grantor, his heirs, representatives and assigns, may now or here- after have against NSP, its successors or assigns, occasioned by or arising from any interference with radio, television, or other communication transmission or reception in or upon any portion of the premises described in Paragraph I hereof, caused or occasioned in any manner by the presence or operation of electric transmission lines and related facilities in and upon the above described easement F. crossing a portion of the said premises. r i 5. It is agreed that the provisions and conditions of this agreement shall bind and inure to the benefit of the legal representatives, successors and assigns of the respective parties hereto. The rights granted herein may he exercised at any time subsea ent to -the execution of this document. AS The grant herein contained shall also include the right to erect, at any $ 1 time prior to the construction of the said transmission lines, reasonable signs {{ for the purpose of monumenting the boundaries of this easement. Said trans- f� j mission lines and supporting structures from time to time may be reconstructed jj or relocated on said strip of land with changed dimensions and to different voltages. operate at L' The grant of easement herein contained shall also include the right of NSP to have reasonable access to said strip of land across the property of Grantor adjacent thereto, said access to be designated by Grantor within a reasonable time upon request by NSP. 0) The grant of easement herein contained shall include the right to enter upon the property of Grantor to survey for and locate said transmission lines cq and shall also include the right to remove from said strip of land any N structures, trees (including the branches of trees overhanging said strip of 1> land) or objects, except fences, which in the opinion of NSP will interfere with said transmission lines. ti Z The grant herein contained shall also include the right of NSP to permit the attachment of wires of others to the structures supporting said trans- �tllt' J mission lines.. - Grantor reserves the right to cultivate, use and occupy said strip of I land, except that, without the prior written approval of NSP, Grantor shall it r i not erect any structures, or other objects, permanent of temporary, except fences, or plant any trees thereon. Grantor further agrees that he will Y ;, t; not perform any act which will interfere with or endanger said transmission lines. .. .R e {{ttjj Y e + ' r] n i i I i I I e Grantor also reserves the right to construct a tunnel and a sanitary sewer line under the above described easement, provided however, that said tunnel and said.sewer line do not in any way, in NSP's opinion, interfere reasonable with Cry said transmission line s or supporting structures. NSF shall pay for all damages to fences, lawns, roads and parking lots caused by the construction i, or maintenance of said transmission lines. Claims on r, account of such damages may be referred to the e Grantee's nearest office. ' { Grantor covenants with NSP, its successors and assigns, that Grantor is the ..a owner of the above described premises and has the right to sell and convey an easement in the manner and form aforesaid. ' The rights herein granted are subject to existing rights -of -way for highways, roads, railroads, pipelines, canals, laterals, ditches or other electric transmission lines and telegraph and telephone lines heretofore f.'..� granted across any part of the lands affected by this instrument. It is mutually understood and agreed that this instrument.covers all the agreements and stipulations between the parties and that no representation or statements, verbal or written, have been made modifying, adding to or changing the terms hereof.' Documentary Taa of the State of Minnesota due on this instrument is This instrument was drafted by Northern States Power Company, 414 Nicollet E g i1a11, Minneapolis, Minnesota• t { this IN WITNESS WHEREOF, (I)-,(We) have hereto set (My) (Our) hand and seal .1-4-1 day of ' _ L� � _ 19 7 A IN PRESENCE OF: ti9°TiiWEERN FINANCIAL CENTER, INC, t BY _(Seal) Its President �• "mac.. (Seal) Its Secre ary l i STATE OF MINNESOTA 1 COUNTY OF Hr nnani n ) On this 24 day of June 71 19 before me a Notary Public within and for the County of__, _Hennepin ±State of Minnesota, personally appeared_ William Scr,malber er jand George X. Connor to me personally C Z Mown to be the person described in and who executed the foregoing instrument and acknowledged thatt hem executed the same as thei rfree act and deed. _ - STATE 9F ;; r4 OF AXATIO D _ = Notary Public; %/ ST "° jf ..j 2. 2 0 _ Hennepin t �.. A County, Minnesota a : o TRX so��:e J. Hw:,zs Notary Pub&_ Hennepin County, Minn. My Commasion Expires June 26. 1976. 1 f�- - e John T. Candell and Judith A. Candell, husband and wife 86. to Northwestern Financial Center, Inc. (Minnesota Corporation) Edward S. Hagerty and Margaret Hagerty, husband and wife 87. to Northwestern Financial Center, Inc. (Minnesota Corporation) Ai' Quit Claim Deed Dated July 20, 1972 Filed August 4, 1972 Book 72 of Hennepin County Records, page 3962546• Consideration $1.00, etc. Lots 1 and 2, Block 2, and Outlots A and B Northwestern Financial Center. State Deed Tax Stamp $2.20 Quit Claim Deed Dated July 20, 1972 Filed August 4, 1972 Book 72 of Hennepin County Records, page 3962547. Consideration $1.00, etc. Lots 1 and 2, Block 2, and Outlots A and B, Northwestern Financial Center. State Deed Tax Stamp $2.20 W '•-4W 88. Taxes for 1971 and prior years, paid except taxes on Lot 1, Block 1 Northwestern Financial Center amount $3,812.89, amount paid $2,859.67. Petition for Review filed. Taxes for 1972 amounts $3,740.10 not paid and penalty on Lot 1, Block 1, Northwestern Financial Center; amounts $12,779.82, $3+,163.76 and $20,053.10 first 1/2 paid, second 1/2 not paid as assessed on balance of description. (Assessment also covers other land) Assessed in the name of Northwestern Financial Center, Inc.; Plat 73832; Parcel 9200 (Edina #24) Plat 720+3; Parcels 1500, 3000, 4500 (Bloomington #20) 89. Certifications by Title Insurance Company of Minnesota cover records in Register of Deeds' Office of Federal Internal Revenue Lien Notices and Minnesota Income and Inheritance Tax Lien Notices. 90. For Judgment and Bankruptcy Search see Certificate attached. No. 623898 Verified b CERTIFICATE ON JUDGMENT LIEN, FEDERAL TAX LIEN AND BANKRUPTCY DOCKETS THE COMPANY HEREBY CERTIFIES that it has made a search of the Judgment Lien and Bankruptcy Dockets in the following named Courts: District Court, Fourth Judicial District, Hennepin County, Minnesota, United States District Court, District of Minnesota, Fourth Division, and finds no bankruptcy proceedings and no unsatisfied judgments and no undischarged notices of Internal Revenue Tax Liens appearing therein against the names hereon between the dates set opposite the respective names, except as shown hereon. THE COMPANY FURTHER CERTIFIES that it has made a search of the Federal Tax Lien Docket in the United States District Court, District of Minnesota, Third Division, and finds no undischarged notices of Internal Revenue Tax Liens against the names hereon, between the dates set opposite the respective names, except as shown hereon. (Note: Where any name appears hereon with a middle initial, no search is made as to any names having middle initials different from that shown hereon.) NAMES I DATES Mapco Sand and Gravel Company or ) Mapco Sand $ Gravel Company, Inc.) (a Minnesota Corporation) ) Aug. 7, 1962 July 28, 1967 Paul Hultman Aug. 7, 1962 July 28, 1967 Harold D. Stafford or) Harold Stafford ) Aug. 7, 1962 Aug. 8, 1972, 7AM Edward E. Woody Aug. 7, 1962 Aug. 8, 1972, 7AM John T. Candell Aug. 7, 1962 Aug. 8, 1972, 7AM Mrs. John T. Candell Aug. 7, 1962 Aug. 8, 1972, 7AM Judith A. Candell Aug. 7, 1962 Aug. 8, 1972, 7AM Edward S. Hagerty Aug. 7, 1962 Aug. 8, 1972, 7AM Mrs. Edward S. Hagerty Aug. 7, 1962 Aug. 8, 1972, 7AM Margaret S. Hagerty or) Margaret Hagerty ) Aug. 7, 1962 Aug. 8, 1972, 7AM Barbara Woody Aug. 7, 1962 Aug. 8, 1972, 7AM Mrs. Edward E. Woody Aug. 7, 1962 Aug. 8, 1972, 7AM Etoc Company, Inc. ) (a Minnesota Corporation) ) Aug. 7, 1962 Aug. 8, 1972, 7AM Northwestern Financial Center, Inc.) (a Minnesota Corporation) ) Aug. 7, 1962 Aug. 8, 1972, 7AM Rauenhorst Construction Co. Inc.) (a Minnesota Corporation) ) Aug. 7, 1962 Aug. 8, 1972, 7AM Rauenhorst Corporation ) (a Minnesota Corporation) ) Aug. 7, 1962 Aug. 8, 1972, 7AM Dated at Minneapolis, this 8th day of August 19 72 TITLE IN{S-yU7RAN�CCEE COMPANY OF MINNESOTA Form No 8 By � � s / .--� , Asst. Secretary DORSEY, MARQUART, WINDHORST, WEST a HALLADAY 7 -/,0 . 7 DONALD WEST MICHAEL E. BRESS 2400 F I R S T NATIONAL BANK BUILDING EUGENE L JOHNSON WILLIAM E. BOWEN WALDO F. MARQUART RAYMOND A. REISTER JOHN W. WINDHORST, JR. WILLIAM P. LUTHER JOHN W. WINDHORST JOHN J. TAYLOR MICHAEL PRICHARD DOUGLAS D. MCFARLAND HENRY HALLADAY BERNARD G. HEINZEN MINNEAPOLIS, MINNESOTA 55402 WILLIAM R. SOTH DAVID L BOEHNEN JULE K MAN NAFORD WILLIAM J. HEMPEL THOMAS R. MANTHEY CRAIG L. WILLIAMS ARTHUR B. WHITNEY JOHN S. HIBBS ( 612) 340-2600 RICHARD G. SWA N SSON VINCENT S. WALKOWIAK RUSSELL W. LINDQUIST ROBERT 0. FLOTTEN FAITH L. OHMAN ALAN 0. GILLILAND DAVID R. BRINK JOHN D. LEVINE CABLE: DOROW DAVID A. RANHEIM LAWRENCE R. OLIVER HORACE HITCH ROBERT J. STRUYK ROBERT J. SILVERMAN FRANK H. VOIGT VIRGIL H. HILL MICHAEL A. OLSON TELEX: 29 -0605 JAMES M. KLEBSA WILLIAM E. MARTIN ROBERT V TARBOX LARRY W. JOHNSON TELECOPIER:(612134O -2868 WILLIAM R. HIBBS WILLIAM H. HIPPEE, JR. DeFOREST SPENCER THOMAS S. HAY JOHN D. KIRBY STEPHEN G.SHANK ROBERT J. JOHNSON G. LARRY GRIFFITH 1468 W ^FIRST NATIONAL BANK BUILDING PHILIP F. BOELTER ROBERT A. BURNS M. B. HASSELOUIST PETER DORSEY .CRAIG ABECN DAVID L McCUSKEY ST. PAU L, M I N N ESOTA 65101 WILLIAM D. PAVNE JAN STUURMANS TONI A. BEITZ MICHEL A. "FOND GEORGE P. FLANNERY THOMAS 0. MOE (612) 227— 8017 R.A. SCHWARTZBAUER BRADFORD L. FERGUSON CURTIS L. ROY JAMES H OHAGAN DAVID N. FRONEK ROGER J. MAGNUSON ARTHUR E. WEISBERG JOHN M. MASON THOMAS W. TINKHAM J. ROBERT HIBBS DUANE E. JOSEPH MICHAEL W WRIGHT JONATHAN VILLAGE CENTER JON F TUTTLE FREDERICK E. LANGE LARRY L. VICKREY CHASKA, MINNESOTA 55318 ROBERT A. HEIBERG JAMES B. V£SSEY LOREN R. KNOTT (612) 448 — 4012 W. BARTLE WILLIAM A. WM17LOCK PHILLIP H. MARTIN MICHAEL J. RADMER E. J. SCHWARTZBAUER PEE SE C. JOHNSON CURTIS L. STINE OF COUNSEL THOMAS M. BROWN CHARLES J. HAUENSTEIN 116 THIRD STREET SOUTHWEST MICHAEL TRUCANO DAVID E. BRONSON COP NELIUS O. MAHONEY THOMAS 5. ERICKSON CHARLES A. GEER JOHN C. ZWAKMAN ROCHESTER, MINNESOTA 56901 WILLIAM J. KEPPEL JAMES A. FLADER LEAVITT R. BARKER GEORGE E. ANDERSON WILLIAM C. BABCOCK JOHN R. WICKS (507) 288-3156 WILLIAM A. JOHNSTONE ROBERT L. VANFOSSEN 340 -2659 MY PHONE NUMBER IS July 7, 1973 Mr. Robert Dunn Village of Edina 4801 West 50th Street Edina, Minnesota 55424 Dear Bob: Enclosed herewith is a fully executed and recorded permanent Easement for roadway and utility purposes over and across the Mapco property south of West 76th Street, being the easement for York Avenue extension. I send this to you for your file. Please note that it has been filed in the office of the Register of Deeds as Document No. 4017939. Very truly yours, Th m S . Erickson TSE f c Enclosure G: � 7 zf7H c Ic -5`c, ye- 74- s`,, 17 4017939 EASEMENT THIS INDENTURE, made this ! k_____ day of tfbm 1973, between PAUL HULTMAN' and MARY B. HULTMAN, husband and wife; HAROLD D. STAFFORD, also known as Harold Stafford, and ISABEL E. STAFFORD, husband and wife; MAPCO SAND & GRAVEL COMPANY, a Minnesota partnership consisting of Paul Hultman and Harold D. Stafford; EDWARD E. WOODY and BARBARA A. WOODY, husband and wife; JOHN T. CANDELL and JUDITH A. CANDELL, husband and wife; EDWARD S. HAGERTY and MARGARET S. HAGERTY, husband and wife; and ETOC COMPANY, INC., a Minnesota corporation, parties of the first part, and VILLAGE OF EDINA, a municipal corporation under the laws of the State of Minnesota, party of the second part, WITNESSETH, That the said parties of the first part, in considera- tion of the sum of One Dollar ($1.00) and other good and valuable considera- tion, to them in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, do hereby Grant, Bargain, Sell, 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 Hennepin and State of Minnesota, describe' as follows, to -wit: PARCEL A A permanent easement for public street and utility purposes in, over, under and across the following described property: That part of the tract of land described as follows: ,TRANSFER ENTERED MAY 2 51973 FINANCE DIVISION HENNEPIN COUNTY, MINN. 1 BY DEPUTY_, That part of the Southeast 1/4 of the Southwest 1/4 of , Section 32, Township 28, Range 24, according to the United States Government Survey thereof, Hennepin County, Minnesota, described as follows, to -wit: Commencing on the South line of said Section 32, 21 3/4 rods West of the South Quarter post of said Section; thence North and parallel with the North and South center line of said section 80 rods to the North line of the South One -Half of the Southwest 1/4 of said section; thence West along said North line 30 1/3 rods; thence South and parallel to the said center line 80 rods to the South line of said Section 32; thence continuing South through the North One -half of the Northwest 1/4 of Section 5, Township 27, Range 24, and parallel with the center line thereof 67.4 rods to the South line of said North One -Half; thence Past along said South line 30 1/3 rods; thence: North to place of bet;i.nning, EXCEPTING therefrom the parcel of land described as follows- The North 330 feet of the Fast 188 feet of the West 30 4/12 rods of the East 52 1/12 rods of the Southeast 114 of the Southwest 1/4 of said Section 32. which lies within a stria, of land 120 fccL in width, the center line of which is described as follows: Beginning at the point of the intersection of the North line of said Southwest 1/4 with the center line of York Avenue South as shown on and dedicated by the plat of YORKTOWN, according to the recorded plat thereof, Hennepin County, Minnesota; thence Southerly along an extension of said center line 1.632.47 feet; thence Southeasterly 435.9 feet along a tangential curve to the left, having a radius of 555 feet and a central angle of 45 °; thence Southeasterly tangent to last described curve 451.65 feet and there ter- minating. ALSO a temporary slope easement in, over, under and across a strip of land 40 feet in width lying Easterly and Northeasterly of a line drawn parallel with and 40 feet Westerly and South- westerly of the Westerly and Southwesterly line of the permanent easement above described in this Parcel A, and a temporary slope easement in, over, under and across a strip of land 40 feet in width lying Westerly and Southwesterly of a line drawn parallel with and 40 feet Easterly and Northeasterly of the Easterly and Northeasterly line of the permanent easement above described in this Parcel A. Said temporary slope easements shall terminate on December 31, 1973. Excepting, however, those portions presently subject to easements for public road purposes for West 76th Street. PARCEL B A permanent easement for public street and utility purposes in, over, under and across the following described property: That part of the tract of land described as follows: All of the North 73.435 rods of the East 21 3/4 rods of the Southeast 1/4 of the Southwest 1/4 of Section 32, Town- ship 28, Range 24, according to the United States Government Survey thereof, Hennepin County, Minnesota, EXCEPT the East 165 feet thereof, Hennepin County, Minnesota. which lies within a strip of land 120 feet in width, the center line of which is described as follows: Beginning at the point of the intersection of the North line of said Southwest 1/4 with the center line of York Avenue South as shown on and dedicated by the plat of YORKTOWN, according to the recorded plat thereof, Hennepin County, Minnesota; thence Southerly along an extension of said center line 1632.47 feet; thence Southeasterly 435.9 feet along a tangential curve to the left, having a radius of 555 feet and a central angle of 45 °; thence Southeasterly tangent to last described curve 451.65 feet; thence South- easterly 435.95 feet along a tangential curve to the right, having a radius of 555 feet and central angle of 45° 00' 19" to a point in the Southerly extension of the East line of said Southwest 1/4, distant 103.43 feet South of the South- east corner of said Southwest 1/4 and there terminating. -2- ALSO a temporary slope easement in, over, under and across a strip of land 40 feet in width lying Northeasterly of a line drawn parallel with and 40 feet Southwesterly of the Southwesterly line of the permanent easement above described in this Parcel B, and a temporary slope easement in, over, under and across a strip of land 40 feet in width lying Southwesterly of a line drawn para- llel with and 40 feet Northeasterly of the Northeasterly line of the permanent easement above described in this Parcel B. Said temporary slope easements shall terminate on December 31, 1973. TO HAVE AND TO HOLD THE SAME, Together with all the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, to the said party of the second part, its successors and assigns, Forever. And the said parties of the first part, for themselves, their heirs, executors, admini- strators and successors, do covenant with the said party of the second part, its successors and assigns, that they are well seized in fee of the lands and premises aforesaid, and have good right to sell and convey the easements above described in manner and form aforesaid, and that said easements are free from all encumbrances. And the above bargained and granted lands and premises, in the quiet and 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 encumbrances, if any, hereinbefore men- tioned, the said parties of the first part will Warrant and Defend. This instrument is exempt from State Deed Tax. IN TESTIMONY WHEREOF, The said parties of the first part have hereunto set their hands the day and year first above written. ii In Presence of: As To N LL*r,,o n , S+'o,4ord , 0.nci M0.PCO Sa rid 81 PAUL HULTMAN _�� ISABEL E. STAFFORD' MAPCO SAND & GRAVEL COMPANY, a partnership Paul H ltman And t/ �Harold D. Staff. d Partner:, -3- �— / 4 4 altA� BARBARA A. WOO ETOC COMPANY, INC. By An Its �:>-" STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) On this P day of ^,!, 1973, before me, a Notary Public within and for said County, personalU appeared PAUL HULTMAN and MARY B. HULTMAN, husband and wife, to me known to be the persons described in, and who executed the foregoing instrument, and acknowledged that they executed the same as their fee and deed. S—e-4 `---LT-AT& MINNESOTA) ) ss. COUNTY OF HENNEPIN) On this /' day of __, 973, before me, a Notary Public within and for said County, personally appeared HAROLD D. STAFFORD, also known as HAROLD STAFFORD, and ISABEL E. STAFFORD, husband and wife, to me known to be the persons described in, and who executed the foregoing instrument, and acknowledged that they executed the same as their free act and deed. -4- r- a STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) On this /( day of , 1973, before me, a Notary Public within and for said County, personallylVappeared Paul Hultman and Harold D. Stafford, to me personally known, who, being by me duly sworn, did say that they are partners of the MAPCO SAND & GRAVEL COMPANY, the partnership named in the foregoing instru- ment; that said instrument was signed on behalf of said partnership by authority of its partners; and said Paul Hultman and Harold D. Stafford acknowledged said instrument to be the free act and deed of said partnership. STATE OF MINNESOTA) COUNTY OF HENNEPIN) ss. Z or On this I day of , 1973, before me, a Notary Public within and for said County, person lly appeared EDWARD E. WOODY and BARBARA A. WOODY, husband and wife, to me known to be the persons described in, and who executed the foregoing instrument instrument, and acknowledged that they executed the dame as their free act and deed. A. MALMSERG Yg INN 0!A MA My cwraflnjon STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) On this =� day of 1973, before me, a Notary Public within and for said County, person lly appeared — �R-rresrs R `ryC�;IE- and j (k� y L , 6C105' to me personally know, who, being each by me duly sworn, did say that they are respectively the V V V_ -S _VNCW r- and S ecize TRrq of ETOC COMPANY, INC., the corporation named in the foregoing instrument; that the seal affixed to said instrument is the corporate seal of said corporation; that said instrument was signed and sealed on n behalf of said corporation by authority of its Board of Directors; and said f �s i PST, r• and 5 c c a eT-Ar4 acknowledged said instrument to a the free act and deed of said corporation. STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) On this day of within and for said County, pers ally CANDELL, husband and wife, to me known executed the foregoing instrument, and as their free act and deed. 1973, before me, a Notary Public appeared JOHN T. CANDELL and JUDITH A. to be the persons described in, and who acknowledged that they executed the same KAREN L. LIPTAK Notary Public, Hennepin County, Minn. -5- My Commission Expires July 28, 1978 4- STATE OF MINNESOTA) J ss. COUNTY OF HENNEPIN) On this,2_ -5 day of , 1973, before me, a Notary Public within and for said County, perso66lly appeared EDWARD S. HAGERTY and MARGARET S. HAGERTY, husband and wife, to me known to be the persons described in, and who executed the foregoing instrument, and acknowledged that they executed the same as their free act and deed. CONSENT The undersigned Mortgagee hereby consents to the foregoing easements granted to the Village of Edina. Dated May 17 , 1973. In Presence of: `/' . STATE OF MINNESOTA) ) ss. COUNTY OF RAMSEY ) THE FIRST NATIONAL BANK OF SAINT PAUL By izll_ - Its 1VICE PRESIDENT And , Its Assistant Vice President (CORPORATE SEAL) On this 17th day of May , 1973, before me, a Notary Public within and for said County, personally appeared E. G. Wollerman, Jr. and L. J. Spies to me personally known, who, being each by me duly sworn, did say that they are respectively the Vice President and Assistant Vice President of THE FIRST NATIONAL BANK OF SAINT PAUL, the corporation named in the foregoing instrument; that the seal affixed to said instrument is the corporate seal of said corporation; that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and said E. G. Wollerman, Jr. and L. J. Spies acknowledged said instrument to be the free act and deed of said corporation. This instrument was drafted by :- Dorsey, Mar quart, Windhorst > West & Hallada Y RICHAr 9 HER v �. NOTaRti PUP, I( 2400 First National Bank Building .( 1` r AMSF Minneapolis, Minnesota 55402 Mycom SS ;r,r ��, > z &, MIS -6- No, 1 33 COMPLETE TITLE SERVICE TITLE INSURANCE ESCROW SERVICE ABSTRACTS OF TITLE SEARCHES FOR TAXES, JUDGMENTS IN STATE AND FEDERAL COURTS, BANKRUPTCY PROCEEDINGS SPECIAL ASSESSMENT SEARCHES CHATTEL MORTGAGE ABSTRACTS FEDERAL TAX LIEN SEARCHES IN FEDERAL COURT, THIRD DIVISION RECORDING SERVICE REGISTERED PROPERTY ABSTRACTS Order No 623897 'e -iCUL Abstract of Title TO PiLrt of Section 32,, Tovaship 2$.; Range '24.. This certifier the within statement from No. I to 63 inclusive, to be a correct Abstract of Title to land described in No. One therein as appears of record in the Real Fstate Division of the office fi of the Register of Deeds in Hennepin Counay, Minnesota, including Taxes according to the general tax books of said County. Dated August '.7 lg 72 7 a. m. Newlands Key T' le Insurance Compan of Minnesota Pt i9 By ssistant Secretary Re Dorsey, Marquart Etal Deliver to TITLE INSURANCE COMPANYOF MINNESOTA TITLE INSURANCE BUILDING MINNEAPOLIS, MINNESOTA 55401 Telephone 332-5111 ti Area Code 612 r m Z 0 C 3 D Z n M o H C"'� O D Z o V+ O 19 (� U Z Z m � O D No, 1 33 COMPLETE TITLE SERVICE TITLE INSURANCE ESCROW SERVICE ABSTRACTS OF TITLE SEARCHES FOR TAXES, JUDGMENTS IN STATE AND FEDERAL COURTS, BANKRUPTCY PROCEEDINGS SPECIAL ASSESSMENT SEARCHES CHATTEL MORTGAGE ABSTRACTS FEDERAL TAX LIEN SEARCHES IN FEDERAL COURT, THIRD DIVISION RECORDING SERVICE REGISTERED PROPERTY ABSTRACTS Order No 623897 'e -iCUL Abstract of Title TO PiLrt of Section 32,, Tovaship 2$.; Range '24.. This certifier the within statement from No. I to 63 inclusive, to be a correct Abstract of Title to land described in No. One therein as appears of record in the Real Fstate Division of the office fi of the Register of Deeds in Hennepin Counay, Minnesota, including Taxes according to the general tax books of said County. Dated August '.7 lg 72 7 a. m. Newlands Key T' le Insurance Compan of Minnesota Pt i9 By ssistant Secretary Re Dorsey, Marquart Etal Deliver to TITLE INSURANCE COMPANYOF MINNESOTA TITLE INSURANCE BUILDING MINNEAPOLIS, MINNESOTA 55401 Telephone 332-5111 ti Area Code 612 0 CONVERSION TABLES Bob Feet Rods Feet Rod■ Feet Red* Feet . Rods Feet Reds Feet Rod■ Feet Rods Feat Rods Fast Reds Fed 1 16.5 11 81.5 21 346.5 31 511.5 41 676.5 51 841.5 61 1006.5 71 1171.5 81 1336.5 91 1601.6 2 33.0 12 98.0 22 363.0 32 528.0 42 693.0 52 858.0 62 1023.0 72 1188.0 82 1353.0 92 151 &0 3 49.5 13 14.5 23 379.5 33 544.5 43 709.5 53 874.5 63 1039.5 73 1204.5 83 1369.5 93 1534.5 4 66.0 14 31.0 24 396.0 34 561.0 44 726.0 54 891.0 64 1056.0 74 1221.0 84 1386.0 94 1551.0 6 82.5 15 47.5 25 412.5 35 577.5 45 742.5 55 907.5 65 1072.5 75 1237.5 85 1402.5 95 1567.5 6 99.0 16 64.0 26 429.0 36 594.0 46 759.0 56 924.0 66 1089.0 76 1254.0 86 1419.0 96 158CO 7 115.5 17 80.5 27 445.5 37 610.5 47 775.5 57 940.5 67 1105.6 77 1270.5 87 1485.5 97 1600.6 8 132.0 18 7.0 28 462.0 38 627.0 48 792.0 58 957.0 68 1122.0 78 1287.0 88 1452.0 98 1617.0 9 148.5 19 13.5 29 478.5 39 643.5 49 808.5 59 978.5 69 1138.5 79 1303.5 89 1468.5 99 1688.6 10 166.0 20 0.0 30 495.0 40 660.0 50 825.0 60 990.0 70 1165.0 80 1320.0 90 1485.0 100 1650.0 Rods to feet from 1 to 100 Chains Feet Q ■ Feet Chains Feat Chains Feet hats Feat Links Fast 3,1011A Fast Unka Feat Links Feat 1 66 1 726 21 1386 31 2046 1 .66 11 7.26 21 13.86 31 20A6 41 27.06 2 132 1 792 ' 22 1452 32 2112 2 1.32 12 7.92 22 14.52 32 21.12 42 27.72 8 198 1 858 23 1518 33 2178 3 1.98 13 8.58 23 15.18 33 21.78 48 28.88 4 264 1 924 24 1584 34 2244 4 2.64 14 9.24 24 15.84 34 22.44 14 29.04 5 330 1 990 25 1650 35 2310 5 3.30 16 9.90 25 16.50 85 28.10 45 29.70 6 396 1 1056 26 1716 36 2376 6 3.96 16 10.56 26 17.16 86 23.76 46 30.86 7 462 1 1122 27 1782 37 2442 7 4.62 17 11.22 27 17.82 37 24.42 47 81.02 8 528 1 1188 28 1848 38 2508 8 5.28 18 11.88 28 18.48 38 25.08 48 81.68 9 594 1 1254 29 1914 39 2574 9 5.94 19 12.54 29 19.14 39 25.74 49 82.84 10 660 2 1320 80 1980 40 2640 10 6.60 20 13.20 30 19.80 40 26.40 50 8 &00 Ch ' to feet from 1 to 40 Links to feet from 1 to 50 A SECTION OF LAND - 640 ACRES N.W.COR. N_GCCR TABLE OF MEASUREMENTS M nom 10 CMMkS 09e link equals 7.92 ipches. V V Opt rod equals 16.5 ft. or 25 links, Q a N One chain equals 66ft., 100 lks.,or 4rods. C 20 AG d seMS. 20 RDf. One mile equals 5280fk,320rds,or 80chs, One square rod contains 271.15 sq. ft„ Oqe acre contains 435605gft.,160sq.rds,or10sgcys. A side of aq acre equals 208.71 feet 8 R a 10 AC. \V� 80ACRES \ ...;"c", Guz M' a g a o s "a 40 ACRES $ z 3 GENT s R OF 30 CKAM It SECTIONAL MAP OF IJ11a A TOWNSHIP WITH Nan 3 ADJOINING SECTIONS 36 31132 33 34 35 36 31 I 5 1 4 3 2 1 6 I 6' 112 7 8 9 l0 11 12 7 160 ACRES ;13 18 13 18 t 5 l4 X24 19 24 19 SEA 2 2 2 125 30 29 28 27 26 25 30 36 31 36 31 1 32 33 34 35 5 4 3 2 I I 6 1 6 colt. • ^•, s. c:01L 0 I FORM No. 25 TITLE INSURANCE COMPANY OF MINNESOTA r--- 3� I I / I 1 /2 1 /3 24 ZS I 3G Minneapolis, Minnesota I / I 6 t S 11 .4 l 3 C I I I I I I ABSTRACT OF TITLE 1. —TO-- All of the North 73.435 rods of the East 21 3/4 rods of the Southeast 1/4 of the Southwest 1/4 of Section 32, Township 28, North Range 24 West of the 4th Principal Meridian, EXCEPT the East 165 feet thereof. 80 Roos /o c11,41.v5 J-*O& S q�RL A rod is 16% feet. A chain is 66 feet or 4 rods. Zo ACRES pro Revs A mile is 320 rods, 80 chs., or 5,280 ft. A square rod is 272% square feet. An acre contains 43,560 square feet. An acre contains 160 square rods. 80 ACRES d4 Fr. / c/WNs An acre is about 208Y4 feet square. 40 chains, 160 rods or 2,640 feet. 4o 4CROS 31 1 32 33 1 34 1 35 36 a/ I I 1 20 CNA /NS /320 Cr i¢ .3 I i 1 7 8 ,9 I /8 17 16 IS 1 12 13 { /8 + - - -� — — +- --1 - -- - - -4 - -- - - --I S.E /9 Z I Z/ 22 Z3 i Z4 /9 i /G o ACOOS 30 i 29 z 17 Z6 i 1S 3° i 3/ 3Z 33 I / I 6 t S 11 .4 l 3 C I I I I I I ABSTRACT OF TITLE 1. —TO-- All of the North 73.435 rods of the East 21 3/4 rods of the Southeast 1/4 of the Southwest 1/4 of Section 32, Township 28, North Range 24 West of the 4th Principal Meridian, EXCEPT the East 165 feet thereof. 2. 'The following cortificate:j app,,-�)ar appond'!!�d to the plat X, shown below,, which plat was filed for record in the office of the Register of Deeds., Hennepin County, MInn6sota, on April 30, 1.932 at 8:,30 otclock A.M., as Document No. 1684403, and was recorded in Booh, of Govt. Survey Plats, page 20. "The ttbove Map of TownBhlp 'No. 28 North., 19ango No. 24 Vyest to is strictly confoinv-abln. of the 4th Principal Meridian, Minnesou U to the field notez * of the survey thereof on file in this Office., , which have bear examined and approved. Sur V67or Goneral's Office. Warner Lewis Dubuque, Peby. 27th 1854 S-arr. Genl,, "I hereby Certify that the above niap is a correct copy of thi3 origin-al.. Govern-Irle-nt Map of ToNxrnship No. 26 North. Range No, 24 Most of the 4th Princippl Meridian on file in this Office. (The Gveat Slaal of the MUce HOIT.q.0 Saefy of State State of Minnesota) 8tPau'j-,Yinn.Aug.3lst1931." I 77b wash ip VO --"'g IV Fin qe NO IV 4 Q' Moi- '--j' 2 7S 4� 4 A1,09 J"5Z �z �YN 54-V M03 I 3,V7 j7J9 7SI J7641 3,777 X?j X�r 37 3761 e� --c - - ------ A. A.160. 0 A. A So. A. I&I. A A.160. A.1,60 A.159. 3 JJ10 47ce 4 - 'CAKE 71� In +5 57.20 S., 4649 L 6062 .l7T6� ",:.070 44,5'J V (- 60.1s 2L + 7180 AX0. jr;00, 54! /Z 604'?z 4Y �67 4 .Sec P-4. 4.iM MZ7 MOrHER 4549 s A.A90. !W4 4,9 LAKE. I —W, J740 V. 31 V 63 U2 34 rs 62 > 4C4631 _M 5 4, A.A60. WOOD -ti - 77- �4 4 !,t Al LAI<dl A is-9®r 44-1) 0•x % 4i euls rf Z' ce T 3--Z*7. -c3 ns= L 3S.= +3 3. United States Entry No. 69 To Dated Novo 289 1854 Duportal Seymour Fitch Land Office Records, page 15 South 1/2 of Southwest 1/4 of Section 32, Township 28£ Range 24, containing 80 acres. 4. United States Patent To Dated May 15, 1855 Duportal S Fitch Filed Jan. 26, 18562 12 m. Book C of Deeds, page 669 South 1/2 of Southwest 1/4 of Section 32, Township 28, Range 240 (Other properties not in question not shown.) 5. Duportal S. Fitch Warranty Deed To Dated Nov. 17, 1875 Alfred Lorious Filed Nov. 23, 1875, 200 p.m, Book 55 of Deeds, page 362 Consideration .x6-,800.00. Land bounded by a line commencing at Northeast corner of Southeast 1/4 of Southwest 1/4 of Section 32, Township 28, Range 24; thence running West 21 3/4 rods; thence running South 146 87/1.00 rods; thence running East 21 3/4 rods to the Southeast corner of Northeast 1/4 of Northwest 1/4 of Section 5, Township 27, Range 24; thence running North 146 87 /100 rods to place of beginning, containing 20 acres. 6. H. S. Fitch Affidavit To Dated May 23, 1904 I +Thom It Concerns Filed June 9, 1904, 3:15 p.m. Doc. No. 388484 Book 100 of Misc., page 334 That he is son of Duportal S. Fitch who was owner in fee of premises in No. 1 etc. that he knows of his own knowledge that said Duportal S. Fish, his father was a widower and an unmarried man at the time he conveyed said premises by deed, in Book 55 of Deeds, page 362 at No. 5. 7. Alfred Lorious Mortgage To Dated Nov. 17, 1875 Duportal S. Fitch Filed Nov. 19, i 0 13. Sarah Oxborough To Alfred Lorious Doc. No. 83057 14. Alfred Lorious To William Brant of Northeast 1/4 of Northwest 1/4 of thence -West 21 3/4 rods, thence North 21 3/4 rods; thence South 73 435/1000 of way on level ground across the 10 to highway said right of way about 8 gates. n u Satisfaction of Mortgage recorded in Book 66 of Mtgs., page 53 (See # 12) Dated April 3, 1$$9 Filed May 14, 1$$9, 4:30 p.m. Book 255 of Mtgs., page 494 Warranty Deed Dated Nov. 29, 1$$1 Filed Dec. 10, 1$$1, 12 m. Book 100 of Deeds, page 629 Consideration $355.00. Commencing at Southeast corner Section 5, Township 27, Range 24,. 73 435/1000-rods,-thence East - rods; to beginning. Also a right acres due North of said piece feet wide, which may be limited by Shown for right of way. Further instruments with like description not shown hereon. 15. Alfred Lorious Warranty Deed To Dated Nov. 292 1$$1 Francis Kittel Filed May 27, 18$2, 6 p.m. Book 107 of Deeds, page 366 Consideration $500.00 Commencing at Northeast corner of Southeast ..quarter of Southwest quarter of Section 32, Township 2$3 Range 24, thence West 21 3/4 rods, thence South 73 435/1000 rods; thence East 21 3/4 rods; thence North 73 435/1000 rods to beginning, except right of way to Wm. Brandt of 8 feet in width from North to South . ti 16. William Adelmann Affidavit To Dated May 1$,1904 Whom It Concerns Filed June 9, 1904, 3 :15 p.m. Doc. No. 3$$483 Book 100 of Misc., page 334 That he was well acquainted with Alfred Lorious who was the owner in fee of premises described in No. 15. Affiant further states Lorious was an unmarried man on Nov. 29, 1$$1 at time of execution of deed recorded in Book 107 of Deeds, page 366 at No. 15. 17. Francis Kittel Warranty Deed Elizabeth Kittel, wife Dated July 2, 1883 To Filed July 2, 1883, 10:30 a.m. Sarah C. Whitman Book 126 of Deeds, ?age 420 Consideration $1000.00. Same premises as in No. 15. Subject to Mortgage of $150.00. 1$. Sarah C. Whitman Mortgage John Whitman, her husband Dated Julv 5, 1883 To Filed July 20, 1883, 2 p.m, -Sarah L. Shepard Boob: 100 of Mtgs., page 35 To secure $2000,00. 19. Sarah L. Shephet*d Satisfaction of Mortgage recorded To in Book 100 of Mtgs., page 35 Sarah C. Whitman (See Tf 18) Dated Feb. 8, 1886 Filed Feb. 8, 1886, 4 :30 p.m, Book_ 142 of Mtgs., page 602 20. Sarah C. Whitman Mortgage . .John Whitman, her husband Dated June 280 1887 Lewis H. Selden Filed Oct. 22, 1887, 3 p.m. Gertrude M. Sel.den, wife Book 221 of Mtgs., page 303 To To secure $15,000,00 Elijah A. Harmon 3 notes of $5000.00 each, at Doc. No. 277$7 10%. One of said notes to be dated July 10, 1887, one of said notes to be dated Aug, 10, 1887, both .: payable 4 months after their respective dates. Same premises as in No. 15. (Other pro erties not in question not shownoy 21. Elijah A. Harmon Assignment of Mortgage recorded ir. To Book 221 of Mtgs., page 303 The National Bank of (See If 20) Commerce Dated Oct. 17, 1888 Doc. No. 64186 Filed Oct. 18, 1888, 3:30 P.m. i Book 258 of Mtgs., page 153, • 22. National Bank of Commerce To Sarah C. Whitman John Whitman Lewis H. Selden Gertrude M. Selden Doc. No. $3056 23. Petition for the Incorporation of the Village of Edina Doc. No. 69940 24. In the Matter of the Petition for Incorporation of the Village of Edina Doc. No. 69984 25. In the Matter of the Incorporation of the Village of Edina Doc. No. 69985 • Release of Mortgage recorded in Book 221 of Mtgs., page 303 ( See jY �20i Dated May 6, 1$$9 Filed May 14, 18$9, 4 :30 p.m. Book 243 of Pit s ., , page 453 Consideration 785.00. Same premises as in No. 15. Dated Oct. 27, 1$$$ Filed Dec. 17, 1$$$, 11 :30 a.m. Book 40 of Misc., page 106 Same premises as in No. 15. Petition Dated Oct. 27, 1$$$ Filel Dec. 17, 1888, 3 p.m. File 504 Includes land in No. 1 etc. Petition Dated Oct. 27, 188$ Notice of Election Nov. 9, 1888 Filed Dec. 17, 1$8$, 3 p.m. File No. 504 Includes land in No. l etc. • 26. 0 The Council of the Certified Copy of Amendment of Village of Edina the Ordinance of the Village of to Ed? na, Hennepin Count °, TZinn sofa Whom .t Conn erns Dated April 8, 1952 Doc. No, 2''!,:53 85 File? Ap.wll 8, 1.9;2, ; L5 p,m. Book of Misc. , pa-ge The Council of the Tillage of Edina, Hennepin Coun y Minnesota, do ordain as follows: Section 1. Section III, paragraph (c) of the zoning ordinance of the Village of Edina, Hennepin CoL:tnty, Minnesota, passed by the council of said Village on the 25th day of IMay, X931., and thereafter amended, is hereby fu- =°they amended as fol.".ows: Section I.II (c) , No land shall be platted or subdivided ls.:iich, at the time of applic�,.tion for approval of the plat, is provided with public water And sewer connections or in which publi water or sewer co:nr�tti_on::. are contemplated unless such plat or subdivision meets, a1i. of the following minimum requirements: 1. Each lot shall have a frontage on a public street of not less than? 75 feet. 2. Tile average minimum depth of all the lots. in the proposed plat or subdivision shall be not less than 120 feet.;. 3. The area of each lot in the proposed. plat or subdivision shall be not less than $2250 square feet. No Land shall be platted or subdivided wili�.;Yl, at the time of application for approval of the plat, is not provide -d wit'r public water and sewer connections and in which publ_ir- water or Sewer connections are not contemplated unless such meat or subdivision meets 'al i of the following minimum requirements: 1. Ea-- h lot shall have a frontage on a public street of not Less than 90 feeto 2. The average minimum depth of all the lots in the proposed. plat or subdivision shall be not Tess than 12; feet. 3. The area of each lot in the proposed plat or subdivision shall be not less than 11,250 square feet. All lots contained in land hereafter platted or subdivided shall have side lines as nearly as practical at right angles to the street line. Section II. This ordinance shall take effect and be in force from and after its adoption. Passed by the Village Council this 22 day of 0c Vober, 1951. That the above ordinance was passed pursuant to the authority of Minnesota Statutes, Section 471.26 et seq. and that with such regula- tions in force, by virtue of Minnesota. Statutes, Section 471.29. Subdivision 2, no conveyance of land in which the l ,9:nd conveyed is described by metes and bounds or by reference to a plat made after such regulations become effective which is not approved as provided by statute, shall be made or recorded if the parcel described in the conveyance is less than two and 1/2 acres in area and 150 feet in width unless such parcel is a separate parcel of record at the time of the adoption of the above ordinance or unle` -ss an agreement to convey Such smaller parcel has been e- tered inlsC7 prior +;o such time and the instrument showing the agr.eemert to convey is recorded in the office of the Register of Deeds within one year thereafter. Any owner or agent of the owner of land in the Village of Edina who conveys a lot or parcel in violation of this statute shall forfeit and. pay to the Village of Edina a penalty of not less than X1.00,00 for each lot; or parcel so conveyed and such conveyance may be enjoined. .... _..._ . . • 27. Sarah C. IThitman John Whitman, husband To Mary L. Blakeman Doc. No. 83058 28. Sarah C. Whitman and husband By Sheriff To Mary L. Blakeman Doc. No. 1$8$96 29. Mary Louisa Blakeman, single To John J. Salden Doc. No. 388485 30. John J. Salden To Mary Louisa Blakeman Doc. No. 3$$486 31. Mary Louisa Blakeman To John J. Salden Doc. No. 407632 Mortgage Dated May 7, 1889 Filed May 14, 1889, Book 250 of Mtgs s To secure $1000.00 3 years 8% Same premises as in 4:30 p.m. rage 61 No. 15. Foreclosure of Mortgage recorded in Book 250 of Mtgs., page 61 (See # 27) Notice of Sale, Nov. 4, 1892 Printer's Affidavit Deco 16, 1892 Affidavit of Costs and Disbursements, Dec. 19, 1892 Affidavit of Vacancy, Nov. 18, 1892 Sheriff's Certificate, Dec.19,1892 Sheriff's Affidavit, Dec. 9, 1892 Date of Sale: Deco 19, 1892, Filed Dec. 24, 1892, 3.1 a.m. Book 379 of Deeds, page 321 Same premises as in No. 15. Sold for $1180.00. Warranty Deed Dated May 2, 1904 Filed June 9, 19043 3:15 p.m. Book 588 of Deeds, page 416 Consideration 4600.00. Same premises as in No. 15. Mortgage Dated May 2, 1904 ,Filed June 9, 1904, 3:15 p.m. Book 557 of Mtgs., page 295 To secure %„1200.00 . Satisfaction of Mortgage recorded in Book 557 of Mtgs., page 295 (See ;l 30) Dated April -- 1905 Acknowledged April 15, 1906 Filed April 17, 1905, 10:30 a.m.. Book 574 of Mtgs., page 23$. 32• John J. Salden To Charles A. Moody Divid E. Allan Doc. No. 953261 South 73 435/1000 rods thence East 21 Pods to beginning, excepting right of side of the land herein described. 33. Charles A. Moody and D. E. Allan To John J. Salden Doc. No. 953262 34. John J. Salden To Chas. A. Moody and David E. Allan Doc. No. 1180187 35. David E. Allan Hazel E. Allan, wife_ To Charles A. Moody Doc. No. 1550552 West 21 3/4 rods, thence thence North 73.435 rods 8 feet in width along the Warranty Deed Dated Novo 109 1919 Filed Nov. 11, 1.919, 11:30 a.m. Book 900 of Deeds, page 100 Consideration $2000.00 Commencing at the Northeast corner of Southeast 1/4 of Southwest 114, Section 32, Township 2$, Range 24, thence West 21 3/4 rods thence 3/4 rods, thence North 73.435 way of 8 foot strip along the East Mortgage Dated Nov. 10, 1919 Filed Nov. 11, 19199 11 :30 a.m. Book 973 of Mtgs., page 186 To secure $1000.00 Satisfaction of Mortgage recorded in Book 973 of Mtgs., page 1$6 (See # 33) Dated Nov. 3, 1923 Filed Novo 9, 1923, 10 :30 a.m. Book 1260 of Mtgs., page 41. Quit Claim Deed Dated March 7, 1929 Filed July 19, 19299 12:35 p.m. Book 1199 of Deeds, page 4.63 Consideration $1.00 etc. Commencing at the Northeast cornea of the Southeast 1/4 of the Southwest 1/4 of Section 32, Township 28, Rang' 21�, thence South 73.4.35 rods; thence East 21 3/4 rods-, to place of beginning, excepting right of way .East side of the land herein described. • .• 36. Charles A. Moody and Warranty Deed Edna E. Moody, husband Dated April 26, 1947 and wife Filed Dec. 24, 19479 12 :10 p.m. To. Book 1814 of Deeds, page 462 Wm. R. Hoffman and Consideration $1.00 etc. Olga D. Hoffman, his wife Coymencing at the Northeast corner as joint tenants. of Southeast 1/4 of Southwest 1/4 Doc. No. 2481640 of Section 32, Township 2$, Range 24, thence West 21 3/4 rods; thence East 21 3/4 rods thence North thence South 73 435/1000 rods; 73.435 rods to beginning, excepting right of way of 8 foot strip along the East side of the land herein described including any part of any street or alley abutting said premises vacated or to be vacated. 37. Wm. R. Hoffman Mortgage Olga D. Hoffman, husband Dated April 26, 1947 and wife Filed July 31, 1947, 2:40 p.m. To Charles A. Moody Book 22.09 of Mtgs. , page 593 To secure $4,500.00. Edna E. Moody, his wife Doc. No, 245330$ 38. Charles A. Moody Edna E. Moody To Wm. R. Hoffman and his wife Doc. No. 2820363 Satisfaction of Mortgage recorded in Book 2209 of Mtgs., page 593 (See # 37) Dated May 18, 1953 Filed July 2, 1953, 3:20 p.m. Book 2710 of Mtgs., page 520 Witnessed and acknowledged. 0 Charles A. Moody Affidavit 39• to Dated May 22, 1953 Whom it Concerns Filed October 8, 1953 Doc. No. 2838011 Book 676 of Misc., page 624 Charles A. Moody being duly sworn; deposes and says that he is the Charles A. Moody named as grantee in that certain Quit Claim Deed from David E. Allan dated March 7, 1929 as shown in Book 1199 of Deeds, Page 463 in the office of the Register of Deeds, Hennepin County, State of Minnesota. Affiant further states that he knows the afore- mentioned David E. Allan and that said David E. Allan is the same person as the D.E. Allan named in that certain mortgage dated Nov. 10, 1919 and shown in Book 973 of Mtgs., Page 186 in the Office of the Register of Deeds, County of Hennepin, State of Minnesota and is the same person as the Divid E. Allan named grantee in that certain Warranty Deed, dated November 10, 1919, and shown in Book 900 of Deeds, Page 100, in the Office of Register of Deeds, County of Hennepin, State of Minnesota. William R. Hoffman Affidavit Olga D. Hoffman Dated September 25, 1953 40. to Filed November 12, 1953 Whom it Concerns Book 680 of Misc., page 148 Doc. No. 2844536 William R. Hoffman and Olga D. Hoffman, his wife, residing at 7616 Xerxes Avenue South, Minneapolis, Minnesota being first duly sworn, on oath says: That they are the persons named as Grantee, in the certain instrument dated -- and filed -- as Doc. No. 21+816110 in the office of the Register of Deeds of Hennepin County, Minnesota relating to the following described real estate in said County: Commencing at the N.E. corner of the S.E. 1/4 of the Southwest 1/4 of Section 32, Township 28, Range 24; thence W. 21 3/4 rods; thence South 73.435 rods; thence East 21 3/4 rods; thence North 73.435 rods to point of beginning excepting Right of Way of 8 foot strip along East side of the land herein described, according to the plat thereof etc. including any part or portion of any street or alley abutting said premises vacated or to be vacated. That the above named are 55 and 44 years of age respectively by occupation Machinist with place of business at Minneapolis, Minn., and since 10 years resident at: 7616 Xerxes Ave. So. 6708 -14th Ave. So. 4119 -38th Ave. So. That there are no outstanding claims for labor or material furnished to premises within the past 90 days for which liens may be filed; and that neither is not now and has not been since October 16, 1940, in the armed forces of the United States. That there have been no proceedings in bankruptcy, divorce, insanity or incompetency and there are no unsatisfied judgments of record against the above named in any Courts, State or Federal; that there has never been and is not now, any old age assistance furnished to the above named; and that there are no tax liens, State or Federal filed against the above named, except: No exceptions. That any judgments, bankruptcies or old age assistance liens, State or Federal tax liens, of record against parties with same or similar named are not against the above named. That affiant knows the matters herein stated are true and makes this affidavit for the purpose of inducing the passing of the title to the premises heretofore described, free and clear of all judgments, old age assistance liens, State or Federal tax liens, and questions of service in the armed forces of the United States, marital status, competency and bankruptcy. • Ray W. Skelton Company, Inc. 41. to Whom it Concerns Doc. No. 2484356 u Articles of Incorporation Dated Dec. 29, 1947 Filed January 7, 1948 Book 544 of Misc., page 150 Its duration shall be perpetual. Wm. R. Hoffman and Warranty Deed Olga D. Hoffman, his wife Dated August 31, 1953 42. to Filed September 1, 1953 Ray W. Skelton Company, Book 1971 of Deeds, page 28 Inc. (Minnesota Corporation) Consideration $1.00 etc. Doc. No. 2830953 All of the North 73.435 rods of the East 21 3/4 rods of the Southeast 1/4 of the Southwest 1/4 of Section 32, Township 28, Range 24, except the East 165 feet thereof. Subject to restrictions of record if any; subject to all taxes and assessments on said premises, levied and assessed for the year 1953 and subsequent years together with assessments and deferred installments thereof if any, heretofore levied against said land, payable without penalty other than interest. Revenue Stamps $10.45. Mapco Sand & Gravel Articles of Incorporation Company, Inc. Dated March 22, 1949 43. to Filed March 30, 1949 Whom it Concerns Book 562 of Misc., page 162 Doc. No. 2553447 The duration of this corporation shall be perpetual. Ray W. Skelton Company, Inc. (Minnesota Corporation) (Corporate Seal) 44. to 4i`" Mapco Sand and Gravel Co., Inc. (Minnesota Corporation) Doc. No. 3152378 Mapco Sand & Gravel Company, Inc. (Corporate Seal) 45. to Whom it Concerns Doc. No. 3188826 Warranty Deed Dated December 5, 1958 Filed December-9, 1958 Book 2193 of Deeds, page 334 Consideration $1.00 etc. All of the North 73.435 rods of the East 21 3/4 rods of the Southeast 1/4 of the Southwest 1/4 of Section 32, Township 28, Range 24 except the East 165 feet thereof. Subject to restrictions of record, if any. Revenue Stamps $7.70. Amendment to Articles of Incorporation Dated July 14, 1959 Filed July 29, 1959 Book 837 of Misc., page 119 46. The Village Council Certified Copy Ordinance No. 26., of the Village of Edina Ad 1p W10 m It Concerns D00 . No. 3340754 The aped June S, 1979 Filed April 6, 1962 Book of Misc., page An Ordinance Prescribing Pro - cedure For the Approval of Plats, Requiring Payment of a Fee and Imposing Othnr Requirements, Including the Making of Necessary Improvements in Lands Previously Village Council of the Village of Edina, Minnesota Ordains: Section 1. Filing Plats: Fee. A11_.. fats presented for approval of the Village Council shall be filed with the Village Manager and shall be accompanied by payment of a plat riling fee which shall be charged by the Village for services to'be rendered by employees of the Village in processing the proposed plat. The amount of such fee shall be $25.00, plus $1.00 for each lot in the plat, but not to exceed a maximum fee of $100.00. Failure of the Council to approve the plat shall not entitle the person who paid the fee to the return of all or any part thereof; provided, however, that the payment of such fee be required only as to plats filed after the date this ordinance becomes effective. Section 2. Street and Lot Grades; Park dedication. Every plat of previously unsubdivided land, or replat of platted land which requires the dedication of a new street or a change in an exist- ing street, shall not only comply with all applicable provisions of state law and the Zoning Ordinance (No. 261) of the Village, but-, shall, also show thereon the grade of all streets and the mean grade of the front and rear lanes of each lot. In every plat of land not previously subdivided and to be developed for residential purposes, a portion of such land of sufficient size and character shall be set aside and dedicated to the public for public use as parks and playgrounds. Section 3. Report on Plat. The Village Manager and the Planning Commission shall. examine each plat and report thereon in writing to th Council as to the following matters: (a the accuracy of all measurements and grades shown thereon, and (b the suitability of the plat from the standpoint of commu:aity planning. In the case of the plats mentioned in Section-2, report shall also be made as to the following matters: (c) the. adequacy of streets and conformity thereof with existing and planned streets and highways in surrounding areas. (d) the suitability of street grades in relation to ths' grades of lots and existing or future extensions of the Village's water and storm and sanitary sewer systems. (e) where dedication of such land is required, the sufficzenc;y` of land dedicated for park and playground use, and the recommendation of the Park Board regarding such dedication of land. (f) the estimated cost (including engineering and inspection ex- penses) of grading, gravelling and permanently surfacing streets, in-- stalling,street signs, and constructing any storm sewers which may be necessary, and ( ) the estimated cost (including engineering and inspection ex- penses�, of constructing sanitary sewers and water mains adequate to serve.all lots in the plat, provided the connection of such sewers and watermains to the Village sewer and water systems is feasible. However, the owner of the land included in the plat, or his agent, in lieu of having the foregoing costs estimated by the Village, may employ at his expense, a registered professional engineer to prepare preliminary plans and estimates of cost of the necessary improvements and submit a written, itemized report thereof to the Village Manager. Advance notice of the employment of such engineer shall be given to the Village Manager upon filing of the play: (continued) . (No. ?±6• continued) Section 4. Action by Council. Upon completion of the report specified in Section 3 above, the pl ? at and report shall be transmitted to the Council for approval. The Counc. Lnay (a) grant preliminary approval of plats mentioned in Section 2, or (b) grant final approval of other plats, or (c) refer the plat for further report to the appropriate Village officers or departments, or (d) reject the plat. Section 5. Plats Given Preliminary Approval, 111hen preliminary approval has been given to a plat, the person who filed such plat shall cause all street, water and sewer improvements required by the report thereon to be completed, at his own expense and under the supervision of the Village Engineer, or in lieu of making such improvements, he shall sign a subdivision financing agreement, and file a bond to assure per- formance thereof. Such agreement, to be made between the person filing the plat and the Village, shall obligate the person filing the plat to repay to the Village all costs thereof, through payment of special assessments or otherwise, at least one -third in each of three years, the last payment to be made not later than December 31 of the third year from the year in which special assessments for such improvements are levied; provided, however, that the Village shall not be obligated to enter into such agreement if the developer does not file a bond as hereinafter described or if the Village Council determines that the Village must borrow money to pay its costs of construction under such agreement and such borrowing will jeopardize the Village's credit rating. Such agreement shall also provide that if special assessments .have been levied for the making of such improvements against any lot in the plat and rerraia' unpaid upon the transfer of title to such lot they shall be paid or prepaid in full to the Village Treasurer and the Treasurer of Hennepin County. e The bond herein required shall be given by the developer with a corporation approved by the Council as surety thereon, in the full amount of all costs of making the improvements specified in the sub- division financing agreement not paid in cash by the developer before or at the time of entering into such agreement, and shall be given for the securing to the Village the payment of all such costs within the period specified in such agreement. Section 6. Final Approval of Plat. When a plat has been given preliminary approval by the Council and the required improvements have been completed, subdivision financing agreement executed, or bond fur- nished as herein required, the Village Manager shall submit a supple- mentary report thereon with the plat to the Council for final approval. Section 7. Street Maintenance. Until a street in a plat has been completed in accordance with the plans and specifications approved by the Village, and the Village Engineer has certified as to such com- pletion, the owner shall keep such street, if used for public travel, in a safe condition for such use, at his own expense. The Village shall not be chargeable with the cost of or the responsibility for the maintenance of such street until the completion of such street has been so certified. Section 8. Application. Except as herein otherwise provided, this ordinance shall apply to all plats heretofore filed but not yet given preliminary approval by the Village Council, and to all plats hereafter filed. Section. 9. Effective date. This ordinance shall be in full force and effect upon its passage aiid publication as provided by law. The Village Council - Certified Copy of Resolution of the Village of Edina Adopted Jan. 27 1958 47. to Filed April 6, 1952 Whom it Concerns Book of Misc., page Doc. No. 3340756 Resolution Declaring Policy as to Approval of Plats and Conditional_ Upon the Installation of Water and Sanitary and Storm Sewer Improve- ments. Resolved by the Council of the Village of Edina, Minnesota, that the policy of the Village with reference to the approval of Plats of new subdivision within the Village limits is hereby declared to be as follows: 1. No plat filed as a preliminary plat with the Planning Commis- sion after September I, 1957, and no plat submitted to the Council for the final approval after April 10, 1958, shall be approved unless and until the person, firm or corporation submitting such plat shall have fully complied with the requirements set forth in subdivision (a) or (b) below. (a) All lateral water mains, all lateral sanitary sewers, and any storm sewer and drainage facilities and structures within the platted area which are necessary to provide adequate water and sewer service and adequate drainage for such area must have been constructed and in- stalled without expense to the Village, and there shall be filed with the final plat adequate proof that all costs of such construction and installation have been paid in full. (b) In lieu of the above, there may be filed with the plat a bond in the amount and with surety and conditions to be approved by the Council, securing to the Village the actual construction and installa- tion of said improvements without cos-i to the Village and within a period designated by the Council and expressed in the bond, and the payment of all costs thereof. 1 2. The requirements of paragraph I as to lateral water or sewer mains may be waived by the Council in the case of plats or subdivisions in locations to which the municipal water or sewer system is not to be extended within a reasonable time, provided that the requirements thereof relating to storm sewer and drainage facilities shall have been fully complied with, and the platted lots are of the size required to permit individual water and sewage disposal facilities to be constructed to established standards. 3. Any or all of the requirements of paragraph I may be waived by unanimous vote of the members of the Council at a meeting duly held, in-the case of a replat of a previously approved subdivision which does not provide for a new public street and does not increase the. original number of platted lots. 4. No plat will be approved after the date of this resolution ex- cept upon'the conditions above set forth, unless the same was filed with the Planning Commission as a preliminary plat on or before September 1, 1957, and is submitted to the Council for final approval on or prior to April 10, 1958, and, at the discretion of the Council is accompanied by a written agreement executed by the person, firm or corporation sub- mitting the plat, effective upon acceptance by the Council to pay to the Village a sum fixed by the Council, estimated to be sufficient to (continued) (Entry No. 47. Continued) pay the cost of all improvements of the types described in paragraph 1 which the Village determines to construct and install within the sub- division; such payment to be made in cash or in installments extending over a period not exceeding three years from the time of such con- struction and installation. The Village will reserve the right to levy special assessments in an amount equal to the cast of said improve- ments, upon the properties especially benefited thereby, but payments recieved under any such agreement will be credited by the Village against the special assessments levied therefor. The provisions of this paragraph shall in no event be construed as applying to any plats ap- proved by the Council prior to the date of this resolution. I • 0 Village Council Certified Copy Ordinance No. 263A Village of Edina Dated Jan. 101 1966 48. to Filed Jan. 19, 1966 la'hom it Concerns Book of Misc., page Doc. No. 3588147 An Ordinance Constituting the Council as the Platting A,uthority of the Village, Prescribing the Procedure for the Approval of Plats of Subdivisions, Regulating Plats and Subdivisions, and Providing For Relief in Cases of hardship. The Village Council of the Village of Edina, Minnesota, Ordains: Section 1. Platting Authority to approve Plats. The Village Council shall serve as the Platting Authority of the Village in accordance with Minnesota Laws of 1965, Chapter 670, Section 8 (Minn. St., Sec. 462.358). No plat, replat or subdivision of land in the Village shall be filed or accepted for filing by the Hennepin County Register of Deeds unless it is accompanied by a certified copy of a resolution adopted by the favorable vote of a majority of the members of the Village Council approving such plat, replat or subdivision. Section 2. FilingPlats; Fee. ;III plats presented for the approval of the Village Council shall be filed with the Planning Department and shall be accompanied.by payment of a plat filing fee which shall be charged by the Village for services to be rendered by employees of the Village in processing the proposed plat. The amount of such fee shall be $25, plus $1 for each lot in the plat, but not to exceed a maximum fee of $100. Rejection of the plat by the Council shall not entitle the person who paid the fee to the return of all or any port t,iereof, Section 3. Plats to Comply with Law and ZoningOrdinance. (a) Every plat, replat or subdivision of land shall comply with all applicable provisions of state law and the Zoning Ordinance (No. 261) of the Village. (b) Every plat of previously unsubdivided land, or replat of platted land which requires the dedication of a new street or a change in an existing street, shall also show thereon the grade of all streets and the mean grade of the Front and rear lines of each lot. Section 4. Dedication of Land for Parks. In every plat of pre- viously unsubdivided land to be developed for residential use, a reasonable portion of such land shall be set aside and dedicated to the public for public use as parks and playgrounds, but in lieu thereof the subdivider may at his option contribute to the Village an amount of cash equal to the value of the land otherwise required to be dedicated for parks and playgrounds, i'+ny money so paid to the Village shall be placed in a specit1 Fund and used only for the acquisition of land for parks and playgrounds. Section 5. Report on Plat. The Planning Commission with the assistance of the Planning Department shall examine each plat and report and make a recommendation thereon in writing to the Council as to the following matters: (a) the acguracy of all measurements and grades shown thereon, and (Continued) 0 (Ent -ry No. 48. continued) (b) the suitability oi- the plat from �the standpoint of community planning. In the case of the plats mentioned in Section 3 (b), report shall also be made as to the following matters: (c) the adequacy of streets and conformity thereof with existing and planned streets and highways in surrounding areas, (d) the suitability of street grades in relation to the grades of lots and existing or Future extens ,ons of the Village's water and storm and sanitary sewer systems,, (e) where dedication of land is required, the sufficiency of land dedicated for park and playground use, and the recommendation of the Park Board regarding such dedication of land, (f) the estimated cost (including engineering and inspection expenses) of grading,, grave l i `nq and permanently surfacing streets, installing street signs, and constructing any storm sewers which may be necessary, -and (g) the estimnate6 coast ( ncIuc! inn engineering and inspection expenses) of constructing sanitary sewers and,water mains adequate to serve all lots in the plat, provided that connection of such sewers and water mains to the Village sewer and water systems is feasible. However, the owner of the land included in the plat, or his agent, in 11-�u of hFvinq the foregoing costs estimated by the Village, may employ at his expense, a req sterec' professional engineer to prepare preliminary plans and estimates of cost of the necessary improvements and submit a written, itemized report thereon' to the Planning Department. Advance notice of the employment of such engineer shall be given to the Planning Department upon -filing o< the plat. Section 6. Public [fearing. �t its next regular meeting after receipt of the report and recommendation of the Planning Commission on any plat, repl.--:t or subdivision hereunder, the Village Council shall set a date for hearing thereon, which shall be not later than 60 days'-"* after the meeting. A notice of the date, time, place and purpose of the hearing shall be published once in the official newspaper at least ten days before the date of hearing. ;after hearing the oral or written views of all interested persons, the Council as the Platting Authority shall make its decision at the same meeting or at a specified future meeting thereof. It may by resolution (a) grant preii.minary approval of plats mentioned in Section 3 (b), with or without modification, (b) grant final approval of other plats, with or without mo.dification, (c) refer the plat to the appropriate Village officers or departments for further investigation and report to the Council at a specified future meeting thereof, cr (d) reject the plat. Section %. PI �.ts Given Pre I imina�y „ nova 1. 1Vhen preliminary approval has been given to a plat, the person who filed such plat shall cause all street, water and sewer improvements required by the resolution granting such approval to be completed, at his own expense and under (continued) f (Entry No. 48. continued) the supervision of the Village Engineer, or in lieu of making such improvements, he shall sign a subdivision financing agreement and file a bond to assure performance thereof. Such agreement, to be made between the person filing-the plat and the Village, shall obligate the person filing the plat to repay to tte Village all costs, thereof, through, payment of special assessments or otherwise, at least one -third in each of three years, the last payment to be made not later than December 31 of the third year from the year in which special assessments for such improvements are levied; provided, however, that the Village shall not be obligated to enter into such agreement if the developer does not file a bond as hereinafter described or if the Village,Council determines that the Village must borrow money to pay its costs of construction under such agreement and such borrowing wiH jeopardize the Village's credit rating. Such agreement shall also provide that if special assessments have been levied for the making of such improvements against any lot in the plat located in the Single Family Dwelling District and remain unpaid upon the transfer of title to such lot, they shall be paid or prepaid in full to the Village Treasurer and the County Treasurer of Hennepin County: The bond herein required shall be given by the developer with a corporation approved by the Counci! as surety thereon, in the full amount of all costs of matting the .improvements specified in the subdivision financing agreement not paid in cash by the developer before or at the time of entering into such agreement, and shall be given for the securing to the Village the payment of all such costs within the period specified in such agreement. Section 8. Final Approval of Plato f'Jhen a plat has been given preliminary approval by the Council and the required improvements have been completed, or subdivision financing agreement executed and bond furnished as herein required, the Village Manager shall submit a sup - plamentary report thereon with the plat to the Council for final approval, which shall be given by resolution. Section 9. Filing Resolution. r`, certified copy of every resolution adopted under this ordinance granting final approval of any plat shall be filed with the Register of Deeds of Hennepin County. 11henever the plat so approved is of land within the municipality contiguous to another municipality, the resolution shall also be filed with the Clerk of such contigous municipality. Section 10. Street Maintenance. Until a street in a plat has been completed in accordance with the plans and specifications approved by the Village, and the Village Engineer has certified as to such.completion, the owner shall keep such street, if used for public travel, in a safe condition for`such use, at his own expense. The Village shall not be chargeable with the cost of or the responsibility for the maintenance of such street until the completion of such street has been so certified. Section 11. This ordinance may be referred to as the Platting Ordinance of the Village. Section 12. This ordinance shall be in full force and effect upon its adoption and publication in accordance with law, including all portions (continued) 0 n u (Entry No. 48. continued) of this ordinance referring to Minnesota Laws of 1965, Chapter 670, notwithstanding that said chapter will not go into effect until January 1, 1966. Section 13. Upon being made effective, a certified copy of this ordinance shall be filed with the Register of Deeds of Hennepin County. First Reading: December 20 1965. Second Reading: Waived. Adopted: December 20, 1965. (SignedS Arthur C. Bredesen, Jr., Mayor Attest: (Signed) Florence B. Hallberg, Village Clerk. Published in the Edina- Morningside Courier December 23, 1965. 0 i Village Council Certified Copy Ordinance No.263A -1 Villa cte of Edina Dated 49. to Filed November 27, 1967 Whom it Concerns Book of Misc., paste Doc. No. 3688232 An Ordinance Amending the Platting Ordinance of the Village by- Requiring Underground Installation of Electric and Telephone Lines The Village Council of the Village of Edina, Minnesota, Ordains: Section 1. Sections 5, 6, 7, 8, 9, 1001 II and 12 or Ordinance , No. 263A (Platting Ordinance) of the Village are hereby renumbered Sections 6, 7, 8, 9, 10, I10, 12 and 13, respectively. Section 2. Ordinance No. 263A is hereby amended by adding thereto a new section 5 reading as follows: "Section 5. Underground _Installation of Electric and Telephone Wires_ All new electric distribution lines excluding main line feeders and high voltage transmission lines), telephone service lines, and services constructed within the confines of and providing service to customers in newly platted areas shall be installed underground unless the Council shall find, after study and recommendation by the Planning'Commission, that (a) the placing of utilities underground would not be compatible with the development planned; (b) the additional cost of burying such utilities would create an undue financial hardship; or (c) unusual topographical, soil or other physical conditions make underground installation of such lines unreasonable or impratical. The platter shall submit to the Planning Commission a written instrument from each of the utilities showing that the necessary arrangements have been made with the utility for the installation of said facilities" Section 3. This ordinance shall be in full force and effect immediately upon its passage and publication. Section 4. Upon being made effective, a certified copy of this ordinance shall be filed with the Register of Deeds of Hennepin County. First Reading: October 16, 1967 Second Reading: November 6, 1967 Published in the Edina Courier November 9, 1967 (signed) Arthur C. Bredesen, Jr,, Mayor Attest: (signed) Florence B. Hallberg, Village Clerk Tha Village Council of the V i l I aoe of Edina, Minnesota (Seal) 50, to Whom it Concerns Certified Copes Ordinance No. 801-1 Dated Fined Dec. 18, 1970 .Book 70 Hennepin County Record: Page 3862421 k No. 263A -4 in ordinance arrangeriient before 1970 codification) An Ordinance amending Ordinance No. 801 (263A) to require dedication of land for parks and open space and land or easements for protection of natural water bodies. The Village Council of the Village of Edina, Minnesota, Ordains: - Section 1. Section 4 of Ordinance No. 801 (263A) of the Village, as amended, is hereby amended to read as follows: "Sec. 4. Dedication of Land for Parks and Open Space and Dedication of Land or Easements for the Protection of Natural Water Bodies. (a) In every plat, replat,'or subdivision of land for residential use a reasonable portion of such land shall be set aside as open space pace land for the sole benefit, use and enjoyment of present and future lot or homeowners within the plat, replat or subdivision, and their guests, or shall be dedicated to the public for public use as parks and playgrounds. The Planning Commission shall determine which of these options is more appropriate and shalt recommend to the Village of Edina one of the following procedures: (1) The open space land shall be conveyed by the tract owner= or owners to a home owner's association or other similar nonprofit organization so that fee simple title shall be vested in such org "nization, provided that suitable arrangements have been made for maintenance of said land and any buildings thereon, and provided further, that an open space easement for said land shall be conveyed to the Village to assure that open space land shall remain open, or (2) The Open space land shall be dedicated by the tract owner or owners to the general public for park and Playground purposes. In lieu of setting aside or dedicating said open space, the tract owner or owners -at their option, may contribute to the Village an amount of cash equal to the value of the land otherwise required to be so set aside or dedicated. Any money so paid to the Village shalt be placed in a special fund and used only for the acquisition of land for parks and playgrounds. (b) Where any Plat, replat, or subdivision of land adjoins a natural lake, pond, or stream, including streams which flow only intermittently, a strip of land running along all sides thereof which are contiguous to such lake, pond, or stream, which strip shall extend from a line not less than $0 feet uplandfrom the lake, pond, or stream, as measured from the high water mark, and to and including the bed and water body of such lake, pond, or stream, shall be either(i) dedicated to the Village for public use, or (ii) subjected to a perpetual easement in favor of the Village over and in said land and the bed and water body of such take, pond or stream for the purpose of protecting the hydraulic efficiency and the natural character and beauty of such lake, pond or stream. The Planning Commission shall determine which of•these options is more appropriate and shall recommend to the Village Council one of said options. In either case there shall also then be granted to the Village the right of ingress to and egress from the said strip of land with men, equipment and material. Also, where the easement is determined to be in the best interest of the Village, said easement shall also provide that the owners of the area as to which such easement is granted shall not make, do, or (Continued) (Entry No. 50. continued) place, any fill, grading, improvement or development of any kind on or to such easement area, or raise the level of the easement area in any way, but all such right to fill, grade, improve and develop, and to raise the level of the easement area, shall be granted by said easement to the Village." Section 2. This ordinance shall be in full ford: and effect upon its adoption and publication, and when effective shall be filed with the Office of the Register of Deeds, Hennepin County, Minnesota. 9 11 Village Council Certified Copy Ordinance No. 801 -2 Village of Edina, Dated --- Minnesota (Corporate Seal) Filed Dec. 18, 1970 51. to Rock 70 of Hennepin County Whom it Concerns Records, page 3862+22 (No. 263A -5 in ordinance arrangement before 1970 codification) An ordinance amending Ordinance No. 801 (263A) of the Village by providing for letter or credit to secure subdivision financing agreement and for recording of agreement. The Village Council of the Village of Edina, Minnesota, ordains: Section 1. Section 7 of Ordinance No. 801 (263A) is hereby amended to read as follows: "Sec. T. Responsibility for inproveraents; subdivision financing agreements. In the case of plats situated within the Single Family Dwelling District, when preliminary approval has been given to such plats, the person who filed such plat shall cause all street, water and sewer improvements required by the resolution granting such approval to be completed, at his own expense and under the supervision of the Village's Director of Public Works and Engineering, or in lieu of making such improvements, he shall sign a subdivision financing agree- ment. Such agreement, to be made between the person filing the plat and the Village, shall obligate the Village to provide engineering services and construct the improvements, and obligate such person to pay to the Village the cost of such services and construction, through payment of special assessments, which shall be payable in three annual installments, provided, however, that the Village shall not be obligated to enter into such agreement if the developer does not file a bond or deposit cash in escrow as hereinafter described, or does not deliver a Letter of Credit as hereinafter described, or if the Village Council determines that the Village must borrow money to pay its costs of construction under such agreement and such borrowing will jeopardize the Village's credit rating. Such agreement sha11 also provide that if the developer transfers any lot or parcel in the platted area while special assessments thereon remain unpaid, they will be paid or prepaid in full to the Village Treasurer or the County Treasurer. The agreement to pay special assessments at the time of transfer shall also be set forth in a separate agreement and recorded in the appropriate office at developer's expense to give notice to all future purchasers and owners. "The bond herein required shall be given by the developer with a corporation approved by the Village Council as surety thereon, in the full amount of all costs of making the improvements. specified in the subdivision financing agreement not paid in cash by the developer before or at the time of entering into such agreement, and shall be given for the securing to the Village of the payment of the special assessments. "If the developer does not file such bond, he may in lieu thereof deposit in escrow in a national or state bank having an office in the Village cash in the full .amount of the unpaid improvement costs, together with instructions to the bank to pay the money to the Village to the extent of any default by the developer in the payment of the special assessments. "The Letter of Credit herein authorized shall be delivered by the developer only if the Village Council agrees to accept it for the specific plat in .lieu of such bond or cash escrow. Such Letter of Credit, if accepted, shall be from a national or state bank having an office in the Village, be for the full amount of the unpaid improvement costs, and contain provisions whereby funds will be paid to the Village upon written demand from time to time of the Village to the extent of any default by the developer in the payment of the special assessments." Sec. 2. This ordinance shall be in full force and effect immediately upon its passage and publication, Find, when effective shall be filed with the Office of the Register of Deeds, Hennepin County, Minnesota. i • Village Council of the Certif=ied Copy Ordinance No.801 -A3 Village of Edina, Dated Minnesota (Seal) Filed April 12, 1971 to Book 71 Hennepin County Records Whom it Concerns Page 3878409 An Ordinance Amending Ordinance No. 801 of the Village by providing for Subdivision Financing Agreement and Letter of Credit to Secure Subdivision Financing Agreement and for recording of Agreement and for Final Plat Approval Procedure The Village Council of the Village of Edina, Minnesota, Ordains: Section 1. Section 8 of Ordinance No. 801, as amended, is hereby amended, to read as follows: "Sec. 8. Responsibility for Improvements: Subdivision Financing Agreements. When preliminary approval has been given to a plat, the person or persons who filed such plat (herein called the "Developer" whether one or more) shall cause all street, water and sewer improvements required by the resolution granting such approval to be completed, at his own expense and under the supervision of the Village's Director of Public Works and Engineering, or in lieu of making such improvements, he shall sign a subdivision financing agreement (herein called the "Agreement "). Such Agreement, to be made between the Developer and the Village, Was to improvements to be installed by the Developer, shall obligate the Developer to install and complete all such improvements, at h,is own expense and under the supervision and inspection of the Village's Director of Public Works and Engineering, (B) as to improvements petitioned for by the Developer to be installed by the Village, which Village installations shall be done only in plats situated within the Single Family Dwelling District, the Multiple Residence District and the Planned Residential district, shall obligate the Village to provide Engineering services and construct the improve- ments, and obligate the Developer to pay to the Village the cost of such services and construction, through payment of special assessments, which shall be payable in not more than three annual installments, and (C) as to improvements petitioned for by the Developer to be installed and assessed in accordance with the regular special assessment policies of the Village, shall provide for installation if ordered by the Village Council and assessment in accordance with the regular policies of the Vil- lage; provided, however, that the Village shall not be obligated to enter into such Agreement (i) if the plat improvements required by such resolution are not allocated among the methods at (A), (B) and (C) above in a manner satisfactory to the Village Council, or.(ii) if the Developer does not file a bond for the improvement at (A) above as hereinafter described, and, as to the improvements at (B) above, does not file a bond or deposit cash in escrow as hereinafter described, or does not deliver a Letter of Credit as hereinafter described, or (iii) as to any improvements, if,the Village Council determines that the Village must borrow money to pay its costs of construction under such Agreement and such borrowing will jeopardize the Village's credit rating. The Agreement shall also provide, as to improvements at (B) above, that if the Developer transfers any lot or parcel in the platted area while special assessments then levied, or to be levied based on the Village's estimate, for the improvements made pursuant to said Agreement remain unpaid, they will be paid or prepaid (Continued) 0 • (Entry No. 5:2. Continued) in full to the Village Treasurer or the County Treasurer. The agreement to pay such special assessments at the time of transfer shall also be set forth in a separate agreement and filed or recorded at the Developer's expense in the office of the Hennepin County Registrar of Titles or Register of Deeds, as the case may be, to give notice to all future purchasers and owners. "The bond herein required shall be given by the Developer with a corpo- ration approved by the Village Council as surety thereon, and, as to improvements referred to at (A) above, shall be a performance and payment bond in at least the full amount of all contracts for the installation of such improvements, and, as to improvements referred to at (B) above, shall be in the full amount of all costs of making the improvements specified in the Agreement not paid in cash by the Developer before or at the time of entering into the Agreement and given for the securing to the Village of the payment of the special assessments. "As to improvements referred to at (I3) above, if the Developer does not file such bond, he may in lieu thereof deposit in escrow in a national or state bank having an office in the Village cash in the full amount of the unpaid improvements costs, together with instructions to the bank to pay the money to the Village upon written demand from time to time of the Village to the extent of any default by the Developer in the payment of the special assessments pursuant to the Agreement. "As to improvements referred to at (B) above, if the Developer does not file such bond or deposit cash, he may in lieu thereof deliver a Letter of Credit to the Village. Such Letter of Credit shall be from a national or state bank approved by the Village Council, be for the full amount of the unpaid improvement costs, and contain provisions whereby funds will be paid to the Village upon written demand from time to time of the Village to the extent of any default by the Developer in the pay- ment of the special assessments pursuant to the Agreement." Sec. 2. Section 9 of Ordinance No. 801 is hereby amended to read as follows: "Sec. 9. Final Approval of Plat. When a plat has been given preliminary approval by the Council and the required improvements have been completed, or subdivision financing agreement executed by the Village and the person or persons who filed such plat, and recordable separate agreement relating to payment of special assessments upon sale-of property executed, and security furnished, all as herein required, the Village Manager shall submit a supplementary report thereon with the plat to the Council for final approval, which shall be given by resolution." Sec.3. Repealer.. Ordinance No. 801 -2 is repealed. Sec.4. This ordinance shall be in full force and effect immediately upon its passage and publication, and when effective shall be filed with the office of the Register of Deeds, Hennepin County, Minnesota,. • 0 Village Council Certified Copy Ordinance No.801 -A4 of Edina, Minnesota (Seal) Dated - 53. to Filed Apr. 12, 1971 Whom it Concerns Book 71 Hennepin County Records Page 3878410 An Ordinance Amending Ordinance No. 801 of the Village to Require Land or Easements for Protection of Natural Water Bodies The Village Council of Edina, Minnesota, Ordains: Section 1. Subparagraph (b) of Section 4 of Ordinance 801, as amended, is hereby amended to read as follows: "(b) Where any plat, replat or subdivision of land adjoins a natural lake, pond or stream, including streams which flow only intermittently, a strip of land running along all sides thereof which are contiguous to such lake, pond, or streams, which strip shall extend from a line not less than 100 feet upland from the lake, pond, or stream, as measured from the high water mark, and to and including the bed and water body of such lake, pond, or stream, shall be either (i) dedicated to the Village for public use, or (ii) subjected to a perpetual easement in favor of the Village over and in said land and the bed and water body of such lake, pond or stream for the purpose of protecting the hydraulic efficiency and the natural character and beauty of such lake, pond or stream, the Planning Commission shall determine which of these options is more appropriate and shall recommend to the Village Council one of said options. In either case, there shall also then be granted to the Village the right of ingress to and egress from the said strip of land with men, equipment and material. Also, where the easement is determined to be in the best interest of the Village, said easement shall also provide that the owners of the area as to which such easement is granted shall not make, do, or place, any fill, grading, improvement or development of any kind on or to such easement area, or raise the level of the ease- ment area in any way, but all such right to fill, grade, improve and develop, and to raise the level of the easement area, shall be granted by said easement to the Village." Section 2. This ordinance shall be in full force and effect upon its adoption and publication, and when effective shall be filed with the Office of the Register of Deeds, Hennepin County, Minnesota. • Village Council of the Certified Copy Ordinance No.801 -AS Village of Edina, A4innesota(Seai) Dated - 54, to Filed Apr. 12, 1971 Whom it Concerns book 71 Hennepin County Records Page 3878411 An Ordinance Amending Ordinance No. 801 of the Village by Providing for Variances The Village Council of the Village of Edina, Minnesota, Ordains: Sec. I. Section b of Ordinance No. 8U1, as amended, is further amended by adding thereto an additional paragraph reading as follows: "If a variance from the application of the regulations of this ordinance was requested by the owner or his agent, the Commission may in its report recommend granting such variance in whole or in part, but only upon a general finding that an unusual hardship on the land exists and a specific finding that (a) the hardship is not a mere inconvenience, (b) the hardship is caused by the particular physical surroundings, shape or topographical conditions of the land included in the plat, (c) the condition or conditions upon which the request for a variance is based are unique and not generally applicable to other property, (d) the hardship is caused by this ordinance and not by any persons presently having an interest in the land, and (e) the granting of the variance will not be substantially detrimental to the public welfare or to other land or improvements in the neighbor- hood of the land." Sec. 2. This ordinance shall become effective upon its passage and publication, and when effective shall be filed with the office of the Register of Deeds, Hennepin County, Minnesota. 55. 0 Village Council of the V's 1 l at e of Edina, Minnesota (:yea to Whom it Concerns • Certified Copy Crdinance No .8G! - t6 Dated - Med Sept. 22, 1971 Book 71 Hennepin County Records Page 3907687 An Crdinance amending Crdinance No. 801 of the V i 1 1 ague to require. p 1 att i ng with residential rezoning, to require dedication of land or contribution of cash for Parks and Play- grounds and for Final P!at Approval Procedure. The Village Council of the Village of Edina, hinnesota, Ordains: Section 1. Section 3 of Ordinance No. Sol is hereby amended by changing the heading thereof as follows: "Sec. 3. Plats to Comply "with Law and Zoning Ordinances; Plats Requ i recd for Residential ltezonings." Sec. 2. Section 3 of Ordinance No. hot is hereby amended by adding thereto a subparagraph (d as follows: (d) Any land transferred from a non-residential zoning district to a residential zoning district (including the single family dwelling district), or from one residential zoning district to another residential zoning district (including, in each case, the single faire i I y dwelling district) she l 1 be platted pursuant to and in accordance with this ordinance, in connection with and at the time of such transfer.'' Sec. 3. Subparagraph (a) of Section 4 of Crdinance No. 801, as amended, is hereby amended to read gas follows: (a) In every plot, repl<:at, or subdivision of land for residential use a reasonable portion of such land, but not less than 3% thereof in ;area,, shall be set aside and dedicated by the tract owner or owners to the general public as open space for part: and p i aye round purposes. Provided, however, that in such plats, replats or subdivisions in excess of 30 acres, the tract owner'or owners shall have the option of contributin2 to the V i l l age an amount of cash equal to the undeveloped value of tka land other- wise required to be so set aside and dedicated, or to set aside and dedicate a part of such land and to contribute the balance of such undeve!oped land w value in cash. Provided further, however, that in such p i cats, rep l airs or subdivisions of 10 acres or less, the Village sha ! l have the option to require such cash contribution in lieu of setting aside and dedicating land or to require a part of such land and the ba i ance ' o f such undeveloped land value in cash. Land then set aside and dedicated for Public part; and p i aygrcund purposes pursuant to Section 5 (Planned Residential District) o-= Crdinance No. 811 may be considered as set aside and dedicated under this Ordinance No. 801 to the extent required hereunder in connection with such plat, rep!at or subdivision, but then only to the extent that such land is in excess of the oxen space then then requ i red by Crdinance No. 61 1 . Any money so paid to the Village shall be placed in a special fund and used only for the acquisition of land for ;earls and Playgrounds, . deve 1 development of ,_ existing parks and planround sites, and debt retirement in connection with land previously acquired for parks and playgrounds. For purposes of this ordinance "undeveloped value of the land" is def i ned as the market value of Kv land within such plat, rep 1 at or subdivision Drs of the date the plat, replat or subdivision is P" resented to the Village Council for pre- liminary approval, or if no preliminary ,approval be given or required, as of the date so presented for final approval, as determined by the VillaUe assessor in the same manner as he determines the maartet value of land for tax pur p oses, excluding, in determining such value, all value added to such (Continued) s i (E n try '110. 55. cont i nued) i I and by i r;iproven +eats, i ihCI U:I i ng llt: i I ! %t es, streets and other PLlb I i C i r0vei:1e.nt:s s e r v i n9 :such I and, but including i n such deterri i nation the highest and best use to which the land-can be put under the zoning district then existing cqr urldcr thiit . on 'i nc d i str- i ct to which the land is then about to be transfer red." Sec. 4. Section 9 of Ordinance ko. 8ul11 as amended, is hereby amended t;o read as follows: "Sec. 9 Final Approval of Plat, rJhen a plat has been given prelin;inary approval by the Council and the required improvements have b, - -:cn completed, or subdivision financing cloreer,ient executed by the V i l l aue and the Person or persons %vho filed such plat-, and recordab l o separate agree rilent re.- I at. i ng to pays , :nt o, special assessrients upon sale of property executed, and security furnished andl land set pis i de an -dl dedicated or equivalent cash contribution ii'{t de, a l l as herein required, the V i l l age, i ianager sha ! l subri; i a supp l em�-_ntary re, port thereon iV i th the Plat to the Council for f i na l approval , which slha ! I be c; i ven by peso ! ut i on,,, S C. 5. This ordinance sha11 be in fulI force and effect upon its passage and pub! ication, rind when effective, shat I be i=i led with the of--f = ice o{_ til e Rec) i ster of Deeds, Hennepin Count i'l inn Y, esot-a. Mapco Sand & Gravel Quit Claim Deed Company, Inc. Dated July 26, 1967 (Minnesota Corporation) Filed July 27, 1967 (Corporate Seal) Book 2595 of Deeds, page 508 56. to i Consideration $1.00 etc. Paul Hultman and That part of the Southeast 1/4 Harold D. Stafford of the Southwest 1/4 of Section Doc. No. 3666834 32, Township 28, Range 24 and that part of the Northeast 1/4 of the Northwest 1/4 of Section 5, Township 27, Range 24, described as follows, to wit: Commencing on the South line of Section 32, Township 28, Range 24, 21 3/4 rods West of the South 1/4 post said Section; thence North and parallel with North and South center line of said Section 80 rods to the North line of the South 1/2 of the Southwest 1/4 said Section thence West along said North line 30 1/3 rods; thence South and parallel to the center line 80 rods to the South line of Section; thence continuing South thru the North 1/2 of the Northwest 1/4 of Section 5, Township 27, Range 24 and parallel with the center line thereof 67.4 rods to the South line of said North 1/2; thence East along said South line 30 1/3 rods; thence North to place of beginning excepting therefrom the parcel of land as follows: The North 330 feet of the East 188 feet of the West 30 4/12 rods of the East 52 1/12 rods; All of the North 73.435 rods of the East 21 3/4 rods of the'Southeast 1/4 of the Southwest 1/4-of Section 32, Township 28, Range 24, except the East 165 feet thereof. The South 607.0 feet of the East 21 3/4 rods of the Northeast 1/4 of the - Northwest 1/4 of Section 5, Township 27, Range 24. The North 1/2 of the Southeast 1/4 of the Northwest 1/4 of Section 5, Township 27, Range 24. North 121 (CONTINUED) L 57. (No. 56. Continued) feet of South 728 feet of East 1 1/4 except road, Section 5, Town and highway easements of record; of the public acquired pursuant condemnation proceedings in the Minnesota, 4th Judicial District State Deed Tax Stamps $1.10. Paul Hultman and Mary B. Hultman, his wife and Harold Stafford and Isabel F. Stafford, his wife to Edward E. Woody • 80 feet of Northeast 1/4 of Northwest ship 27, Range 24. Subject to utility and subject, further, to the rights to the judgments entered in District Court for the State of as Cases No. 516810 and 516811. Contract for Deed Dated June 15, 1968 Filed November 18, 1968 Book 68 of Hennepin County Records, page 3746841 Consideration: covenants and agreements (See Exhibit A hereto attached) ♦..- ...•s.r. +-- `}...__'_.. _ •!. 1- 'Y- -'1se1 - -o--vN .1 �� S -- - �� -�._ 2r J . _w.,. . -r.— .�� ... �.....✓. ... n. � .. .__.__ -_ .. �� � -_- .�1t..,.. �y+c' ...r..L.r•. awe- �.1+sw'ce "E.�'CalYTi3..we , -u. - wA.w.+b �a.J .tri.... - ^ -.� � � 1 CONTP.ACr Foil DE�1` cv� { CO ' THISAGREE?�_F =NT, made and Entered into this 1day 7j4 l�Sg, by and betweea.Prxul Hu }tmau amd Vary i3 HLltraaa. hts vv`ti °• and Harold writes of the first part, and Eduard E - - s 1 p Stafford and Isabel E Sta. fford, his a ite, P_.. . Woody. party of the second part ^ t WITNESSET11, / V - i That the said parties of the first part [n cocsideratlon of the covenants * 1 - and agreements of said party of the secaad part, -- hereinafter contained, harefiy Eell and agree to comer unto sald party of the second part, his hefts and assigns, by t c,y s warranty deed. accot�panted by an abstract evidencing good title in t ;a parties of the first part at the date hereof, or by an oxner's duplicate certlflcat of title, upon the prompt and full performance by itNa eaid party of t`x< second pert Or his IL - _ part of this agreement, the tracts of land. lyinv and being; la the County of Hen�eF'l� ' and State of Pjtnnesota, described as faliaws a, to-wit: j` That part of the South,,asL 1 14 of tno 214 of Section 33, Tov+nsh[), 28. Ran z 24 a d thzt -t }sari Of the t? Northeast 1/4 of the No ttc st 1/4 cf Secticn 5, To nsa[p .27, gazve 24, describ_d r fo£lov:s, t-> it: Co irze tiny on the S.okth llu of secti,'ca 32, Tor..�tl '" 3 an s. 2t, 21 3/4 rods i'a<t of'th:: So�t,� 1/4 r, i.n ,c thence North a; ' n ". vailel w1th or:' 3 Sc s c_..t< l.aa,: y a 2..1 e ad the G- �tltC1 i of saki S ctl n, 3J rods to t.. No . 00 hi'. ". 1/2 6f tf-e ColtinNes, 1/4 Laid ° c •? t ;Ce Vt ..St alo a.. CF) CQ �, ; e!IQ _nr alarm � i t sett! Ciarta lint 3? 113 r •ja; to rc_ . F' to the cf:ntrr 11ne,Si? rod"'L to the +r4 : I£n« cf Sr ctio< t vnca • 1^ i a.' � 1t.,�o of section 5 . 1/2 o ` tort£ uing C :th th ^3 2 p rli --1 r 'l the c ^ r } ,t t` covka tne 1 a id 'e-r " 112; thereof E ,. e r:. 6 to , - a'1C`.8 i East slang sa.£u Sot tel ltax 3� 11a rods Caen place c: begirnl7 f ext• pting the efro n t ie p r_:[ of land as follov, a: The North 330 feet of t: =e East 188 f�at,bf the «'e3i L; 30 4112 rctls of the rant 52 1/12 reds. p) i 01q /( - _ 5 LL Exhibit A { All of the North 13.435 rods of the East 21 3/4 rods of the Southeast 1/4 of the Southwest 1/4 of Section 32, Toa,nship C) 28 North, Rance 24, West of the 4th Principal Meridian, . except the East 165 feet thereof. — _- The South 607.0 feet of the East 213/4 rods of the Northeast - 1/4 of the Northwest 1/4 of Section 5, Tovrnship 27, t Range 24, The North 1/2 of the Southeast 1/4 of the Northwest 1/4 t of Section S. fownehlp 27, Range 24. North 121 feet of South 728 feet of East 180 feet -of Northeast 1/4 of Northwest 114 except road, Section 5, Township 217 K • Range 24.. " the North Flaif of the Northwest Quarter of Section That part of 5, Townt;hip 27, Range 24, described as beginning at a point on the North line thereof 859:375 feet Vest :;,10,19 said ,forth line from the Northeast corner of the Northwest Quarter of said Section 5; thence West along said North line 445.5 feet; - thence South, parallel to the East line of said Northwest y Quarter, to the South line of the North llalf of the Northwest Quarter of said Section 5; thence East along said South line } A 445. 5 feet, more or less, town intersection with a line drawn 1 • South, parallel to the East line of said Northwest Quarter from the point of beginning; thence North along said last described + i parallel line to the point Of beginaf g. That part of the South Half of the Southwest Quarter of Section 32, Township 28, Range 21, described as beginning at a point ' it on the South line thereof 859.375 feet West atop; sal; South lino from the Southeast corner of the Southwest Quarter of said { Section 32; thence West nlong said South line 555'.5 feet; thence North, parallel to the fast line of Bald. South -,vest Quarter, to ; the North line of the South Half of the Scuthwest Quarter of said } Section 32; thence East along said North line 445. 5 feet, more �_ 4t. I or less, to an intersection velth a line dreh'❑ North perullei to j DD th'e East line of said South-west Quarter, from the point of i beginning; thence South along said last described parallel line ` to the point of beginning. i l' Subject to the fotlov:Ing exceptiorl:i: (1) 13ullding and zoning laws, ordinances, State and Federal } tj , r regulations; l (2) Restrictions. relating to use or irnprovement of prernises - r y* - not subject to unreleased forfeiture; ': w r, (3) Reservation of any minerals or sr. lnera1 rights to the C State of Minnesota: (4) Street, hi;hv +sy, end utility ea emeats; -- - M - (S) Existing roads and highways; r �•;: N (6). The rights of the public acquired pursu i(ni to the Ja i8 rients - entered in condemnatlon proceedtc>tZs iQ the L'Istrlct Court " for the St to of 2,itrn^no t, Fourth Judicial District, as ( cares no. 516310 and 51661E - ` And the said party of the second part, in consideration of tree premises. t. -hereby agrees to pay the sr ld parties of the first part, at Minneapolis. Mianesota, ` as and for t"e purchase pricy of sale premises, tae sum of .even Hundred Fifty Thousand and no /100the ($750,000.00) Dollars, In the manner and at ttis times foiiowing, to -wit: t: $75, 0oo, 00 Seventy Five Thousand and ao/ 100ths Dollars, 1 cash In ha ad; the receipt of which is hereby t; acknowledged; _. $.675,000.00 Six hundred Sevonty -Five T:ousaod and no /looths Dollars payable in InStalltnent5 us follow;: t- ., Fifty Thousand and no /100ths ($5o, 000. 60) Dvllars, ( or more, to reductlon of the prtaclpal`balnace, ` t payable on or befDre ttie 15th day of July, 1460, and Fifty Thousand std no/ loot`jo ($50,0, 00) F_ \ Dollars, or more. In reduction of the principal balance, y�yaole on or :e?ore the 15th day of July of each t.. every yce r try after until tits K.niire 1 balance shall have b en paid la full. In addition co ! to sues annual Instaliniente in reductlon of vie princ[pel• �p balance, lnterant -� t five per cent (5-1 per annuaa p� capon the unpaid balance shall be computed and paid — quarterly on or.before July 15. October 15, January 15, t co and April 15 of each year until the prinelpai balance -- of via said contract shall nave bcca bald in full. z k f t � ^ � ` � } � : ' / ` r < i 1 � � ~ ~- { , .| ' / /. -. i� / ! ! � | | \ ' � ` / ` . . Co CD f and agrees as Co Ahe yearja&��"d in bstquent years. and all special asse [Astallinents of-special payable A:i Toe Vet fortf ta C0IUjjrjj,% 6f ctj lldwlng schedule and the then accrued but unpaid.' d cc defaAt as to say of the tjorme &ad conditions or title eal, mtract, the parties of the first part shall, at the request Of the party of the second part, release from the contract v, nd convey to the party of the secoad pitrt by vfa. rr P.:Ay deed the nu. The partles of the firet part shall coriv Parccl No. 1. Parcel -No. 3 425, 000. Of) Parcel Pa rcel No. 5 30).000.00 Parcel No. 6 Co 175, 000. 00 Parcel No. 3 112, 500. 00 Parcel No. 9 — parcels No. 11 12 Co For the purpo.%e or deecrlblag the nurnbared parcels set out lit Col B of the fore.-otag schedule, the land which Is the vubjeCt Of -1 1i contract s'�all b-a OLvIded Into two tr;�ctn. That portion of the land lying North of Laterstate lit h s all be ^ � ` � } � : ' / ` r < i 1 � � ~ ~- { , .| ' / /. -. i� / ! ! � | | \ ' � ` / ` 0 4. - - -- known xs the "North tract', That portloa of tale l8.nd which subject of this _ •..- 1 ` ContracC lylag South of interstate. Iil9li>;ay 454, Itennepin County. 141tnnee0ta. s coalpr[slzq 32.828 acras more, or less, shall be known as th$ "SopEh tc act' •. F tt 2M _ — _ The numbared parcels shall be described as follows' parcel No 1, couiprislag 5.4 acres more or less. t . shalt be located at the Southeasterly corner of y� . -- .• _,.• tt:�r South tract... PArcal No. 'S. comprising 5.4 acras more or - shall De located at the FouthAeatarly corner of - the South tract Parcel -No, 2, con:prlstag 5.4 acras more or less. shall be located In the Southerly portion of L "e South -: - tract t etv:eea and contlguoua to Parcel Na. I and .. ; Parcel No. S. � =:P_arcet. No, 4.- comprising 5.4 acres n :ore or lees, located at the North�'csterty corner of the shall ba 1 South tract. Parcel N'a. 6, comprising 5.528 acres more or lees. - - &hall be located at the Northeasterly corner of the � South tract. { `+ Parcel No, 5. cornprisL ^.g 8, 4 acres rcore or Ieea. '. shalt by located In tk:a iortherly portiaa of tine South . tract betu:een and contiguous to Parcel No. 4 and t. Parcel No, 6. j.. Parcel No. 7, comprising 5.6 acres more or lass, � *hall be located at the tiarthsseaterly corner of the ,'Forth tract. , CO s`p 3; Parcel No. 9, coclprlsint{ 5, 6 acres more or iehe t� shall be looted at the :northeasterly corner of the �- _i North tract. 1 Fj Parcel Pig, 8, coraprtsing 5.6:�cras more or less, ! be located is the No portion of tho North # O '? shall d tract between and contiguous to Parcel No. 7 an .. Z "• Parcel ho. 9. i. Parcel No. 10, conlprlstng 5. 6 acres more or less, sh2.22 be located at the So�lthPaateriy carne of the North tract. Y- A 1 .. ..._.., .N _. _.:..*.......n�__.°�.= __ ... vnf r,^ 5vr�! �^++ �M:.^ eH •^•s•w" ^ °tv'��.- '.vs- .�...• --.. .rte- �:.... ,e.a,.,i: •.. 't+.d� _.s+s -- r:ii:w�.S.i� "w.....••a. air.._....- . e... n.. n-... �. r.._ a... �....._._.._._...._.... ...___...a.......i_...... -_..._ � j r 00I� Parcel No• 22, comprising 5.87 acres mots a; Yetis shall be located at the Southviesterly corn er of the North C°7 _ tract, ( ' - _ Parcel No: 11, comprising 5._ 6 acres mo a or less. shall be located in the Southerly portion of the North i \ t tart between and cont1luou9 to Parcel No l4 and i Parcel No. le. has been rnarl<ed Into ixelve (12) parcels A sketch o* the property "off t, -ni uabe.red one through twelve pursuant to the fo e`going descri ption of the said parcels and has been appended hereto as Exhibit A. Whenever the party, of the - second part .shall request release and cor_�yance_of any,such "niaalbered .parcel, >'. be s -It provide to the parties of the first part a legal description of each suca - parcel to be released and conveyed. -- -- In the event the party of the second part shall wish to plat any parcel prior to release and conveyance as herelnbefore provided, the party of the second past shall furnish to the parties of the first part a bond in which the parties of the first part, their heirs and assigns, shall be co- obligeas with the appropriate governmental subdivision, -which bond shall cover faithful performance of the ti said plat and all requirements for acceptance of said plat and the payment of all _ obligations arising thereun�3er Including payment of all spec(al a3sessme.nts *rising therefrom; provided, howbver. that If the Yiilae of Edina or the City of Bloomington, as the case may be, shall refuse to accept tiny bond in whtci: the _ CD " parties of the first part, their hetrs and assigns, shall 1:0 co-obligees, the party of the second part shall furnish-to the partles of the first part said bond conditioned tS? _ as hereLibefore provided in such form as the partles of the first part shall prescribe and with such sureties as the parties of the first part may approve. Upon the furnishing of such bond, the parties of the first pars shall join to such r3 _ i r S r i i i i i i zzs •T plat and shall sign any petitions for utilitlet+ to be assessed or for reaonTns, it - -= CO betr;g understood and agreed that the entire cost of such platting anci of at1 proceedin;s if T and obllgat[cas In connection therewith shall be paid by the party of the second part rrj . The party of the second part n:ay make or cause to be m de in;provemente �. upon the parcel next subject to release and conveyance pursuant to the schedule, ' tl bereinbefore set forth. The party of the recoad part shall not utake or cause to be made any tnproyerr:ente upon any other portion of the property prior to release I ' and conveyance without the permission of the parties of Me first part, which In the pern tss Ion. shall be at the sole discretion of the partiee of the first part. event the party of the second part shall wish to make or cause to be made improve - meats upon any parcel prior to release and conveyance ae herelnbefore provtcled, the party of the second part shall, before commenc[no such Improvements, eats, furnish to the parties a£ tl:e first part a bond for the full payment of all obligation» arising t_herefroni or In connection therewith to such form as the parties of the first part prescrlbe and with such suretltq as the parties of the first part may approve. It Is understood and agreed that t::e psrt[es of the first part sha11 deliver posscss[on of the property, provided the party of the second part shnll not • then be In default as to an of the terms and con±ilic,ns of testa said contract, e _ as folios: CO j (1) Cm Septaer 15, 1961, or sixty (60) days a fter mts L O the date oa which the unpaid principal balanca of this 0') said contract [s reduced to Six Hundred Twelve Thousand Five hundred and no1100ths (:612, 500.00) Dollars, Co whichever date shall occur later [u tirr;e, the parties i of the first part shall deliver to the party of the second thie lying part possession of that portion of property O 5outh of Interstate Highs.-ay 494, Hannepia County, Mionesot -a. which portion Is hnown as the "Eec:ta: tract" and co; •.prises parcels numbered 1, 2, 5, 4, 5, and 6. Prior to delivery of possession the parties of t!re first ' �...- ,w.�Y.wwr:�i._.S..:w. �:s k _!_- i.: wrrw:+.. u.: •�u.�.._.:.wa..c,......w:....., _- ..::.— ...... - � -,.i.. �._�... -__w_: ..u.:. a..�:. r.. ........_.__.•:..........:...s. ......�.- n:�'..«: _ - i r S r i i i i i i i i a i 1 1 part shall rough grade the said "South tract" using C'') i! only the materials present on the property comprising t the said tract, it being understood and agreed that a . - "rough grade" shall mean only that the material shall be spread to fill indeatations without regard to grade. (2) On Dray 15, 1969, .the parties of tha first part shall deliver to the party of the second part poasessioa of that portion of the property lying North of Interstate Minnesota, Vighway 594, Ilenrepi^ County, wuich portion t t, is known as the "North tract" compristng parcels _ numbered 7, a, 9, 10, 11 and 12. Prior to delivery .^ . of the said North tract, the parties of the first part shall _ remove therefromm all structures and fixtures, equipment, and Inventories of sand, gravel, wad rock; the parties of the first part shall not be required to perform any grading or spreading of materials on the said North tract. On or after January 1. 1969, the party of the, second part i shall be permitted to erect a double faced sign on the said North tract, which sign shall ramaLn the property of the party of the second part. ^I Should default be made in the payment-of principal or Lzterest due hereunder, or of any part thereof, to br by the second party paid, or should he 'fail to pay the taxes or assessments upon said.land or to perform any or either of the covenants, agreements, terms or conditions herein coiatauxed, to be by the . said second party kept or performed, the parties of the first part may, at their optloa, by written notice declare this co-- .tract cancelled and teruilnated, and all -'-N ; rights, title and Laterest acquired thereunder by the said second party, shall _ ,,. thereupon cease and terrnlnate, and all improvements made upon the premises, OD QO I and all payments made hereunder shall belong to the said parties of the first part as liquidated damages for breach of this contract by the said second party, said CO� { notice to be In accordance with the statute in such case made and provided. p t? Neither the exlenslon of the time of payment of any sum or sums of l money to b paid hereunder, nor any waiver by the parties of the first part of their i a i 1 1 0 • l z cc ILO � rtghT 3 Lo declare thle contract forfeited by reas •n of any bre .ch thereof, shad la L. L- any tnanner affect the right of the said parties d the first part -to cancel this ' t k i , contract- becaasa of d f alts ssbga5uent:y t i aturtan, a.nd no extenslor of time shall "r t den e v ed b duly -- sII;n6d instrurneat. _ Further, After Eerv[ce of t i w be valid unless c i c Y y H �f notice.aad failure to rcmov-z. within the pert d aI'oaad:Dy taw,' tn� default therein specified, said party of the second part hereby specifically agrees, upon a f a demand of the said parties of the first part, quietly and peaceabry to surrender to f , f- them pose <.ssion of said premises, and every part thereof, ttbeing understood { that until anch default, - the said party of the second pa rt shall have possession of : 7 the said prennises following delivery as hereirbefort provid_d. a - - It is Mutually Agreed, by t<nd between the parties hereto, that the time ' of p.symeut- shall be an essential part of this contract; and that all the covenants and - i agreements herein cor_talned shall run with the land and bind the heirs, executors, ; ` - - adnitnIatrators, succesaore And assigns of the respective parties hereto, r _ 1 _ - a: I:i i'EST'IMGNX WHE i?,CiF, the parties have hereunto set their hands � tr ro - the day and year first above written. IN PHESENCE GE: ¢ c d D 'Sia.ford ! w iiflr 1 CO Isabel L. : ta.fford CO Mary B. Hultman Edvmrd E. Vi oody _ i ... -n.... vau.a....rw.L..Y. ..u. r.V.. r..�.s.:..W.w- .-C ...+.e.+.Jab'w'..._.e .. _":+• +�..i_ ir:.. u.... rn,. n.. w. b._.. a.. u......•_.. s. n.:.,< �... �. a+ n.. u.... i.. s.. w... t, +...a.....+M..- v.a..+i.,..ir... r.✓e.el:r:._..,_._ .......- .......__ 0 0 .a 1 i O.: i j J j i i In the Matter of the Application 58. of Paul Hultman and Harold D. Stafford to Register the Title to Certain Land District Court, State of Minnesota, 4th Judicial District, Case No. 16983 Certified Copy Application Dated April 8, 1970 Filed April 30, 1970 Book 70 of Hennepin County Records, page 3826414 (See Exhibit B hereto attached) •.f yy i PAUL HULT!,LAN and HAROLD D. STAFFORD to Register the Title to Certain Land. STATE OF MINNESOTA COUNTY OF HENNEPIN i ss: ) ,TO THE JUDGES OF THE ABOVE NAMED COURT: I hereby wake application to have registered the title i. to the land hereinafter' described and do solemnly svear that I know the contents of this application, and the statements therein are true of my own knowledge, save as to such as are therein stated w on information and belief, and that as to those I believe them to be true. { A. Name of Applicant: Paul Hultman, Age 57, Residence 4453 Aldrich Avenue South, C�tv of Minneapolis, } County of Hennepin, State of Aiinn ta,'as the owner of a j one -half undivided interest, in es tproperty described below. _1 Name of Applicant: Harold D. Stafford, Age 651 Residence 1951 Rer t A ra yen venue, City of _Sinnea_olis, County of Hennepin, State of Minnesota, as the owner of a -.'�. one -half undivided interest, in the property described f ; i bal.ow• B. Applicant Paul Hultman is married to ',4ary B. Hultman, with residence at 4453 Aldrich Avenue South, City of Minneapolis, County of Hennepin, State of 'minnes . a, and Applicant Harold D. Stafford is married to IsabelE.Sta ford, with residence at 1951 Regent Avenue, City of Minneapolis, County of Hennepin,,' CL State of Minnesota. r Neither Applicant. Paul Hultman nor Harold D. Stafford are { under any disability; nor have they been divorced. The assessed value thereof, exclusive of improvements, according to the last official assessment Is $ 7 f d ? t> r r The full and true value thereof, exclusive of improve Win. ac r _d g `' to the last official assessment is �1 �t (To be ascertained from County Auditory- • 70 O f33 ]9 Attorney for Applicant: George. X. Connor Fil�wtea 4 AP 3 f19 4444 Rauenhor.st Circle, N nneapolis,. 7J CLU"K Or b61. g Minnesota 55435 CI.ERF: C� ^i �� V a Exhibit B j r `. 7 STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTPICT M No�J�� In the tatter of the Application of APPLICATION •.f yy i PAUL HULT!,LAN and HAROLD D. STAFFORD to Register the Title to Certain Land. STATE OF MINNESOTA COUNTY OF HENNEPIN i ss: ) ,TO THE JUDGES OF THE ABOVE NAMED COURT: I hereby wake application to have registered the title i. to the land hereinafter' described and do solemnly svear that I know the contents of this application, and the statements therein are true of my own knowledge, save as to such as are therein stated w on information and belief, and that as to those I believe them to be true. { A. Name of Applicant: Paul Hultman, Age 57, Residence 4453 Aldrich Avenue South, C�tv of Minneapolis, } County of Hennepin, State of Aiinn ta,'as the owner of a j one -half undivided interest, in es tproperty described below. _1 Name of Applicant: Harold D. Stafford, Age 651 Residence 1951 Rer t A ra yen venue, City of _Sinnea_olis, County of Hennepin, State of Minnesota, as the owner of a -.'�. one -half undivided interest, in the property described f ; i bal.ow• B. Applicant Paul Hultman is married to ',4ary B. Hultman, with residence at 4453 Aldrich Avenue South, City of Minneapolis, County of Hennepin, State of 'minnes . a, and Applicant Harold D. Stafford is married to IsabelE.Sta ford, with residence at 1951 Regent Avenue, City of Minneapolis, County of Hennepin,,' CL State of Minnesota. r Neither Applicant. Paul Hultman nor Harold D. Stafford are { under any disability; nor have they been divorced. The assessed value thereof, exclusive of improvements, according to the last official assessment Is $ 7 f d ? t> r r The full and true value thereof, exclusive of improve Win. ac r _d g `' to the last official assessment is �1 �t (To be ascertained from County Auditory- • 70 O f33 ]9 Attorney for Applicant: George. X. Connor Fil�wtea 4 AP 3 f19 4444 Rauenhor.st Circle, N nneapolis,. 7J CLU"K Or b61. g Minnesota 55435 CI.ERF: C� ^i �� V a Exhibit B j r e t I ,I i I i c. C.. Description of land, situated in Hennepin County, Xi is as follows: / ✓ i * CV' That part of the Southeast Quarter of the Southwest 00 •Quarter of Section 32, Too-rnship 28, Range 24, r and that part of the Northeast Quarter of the t: r Northwest Quarter of Section 5, Township 27, Range 24, described as follows, to wit: COrnencing k ' - on the Soutfr line of Section 32, Township 28, Range 24, 21 3/4 rods West of the South Quarter t . - -post said Section; thence North and. parallel- with the North and South center line of said Section I 80 rods to the North of the South One-Half " { of the Southwest Quarter said Section; thence 4 West along said North line 30 1/3 rods; thence South and parallel to the center line 80 rods to s ,,pl the South line of Section; thence continuir_g South through the North One - Half of the Northwest Quarter of Section 5, Township 27, Range 24, and parallel with the center line thereof 67.4 rods to the South line of said worth One - Half; thence East along said ' South line 30 1/3 rods; thence North to place Of beginning, excepting therefrom the parcel of land t described as follows: The North 330 feet of the East 188 feet of the west 30 4/12 rods of the 1 East 52 1/12 rods. / All of the North 73.435 rods of the East 21 3/4 ' � .. rods of the Southeast Quarter pf the Southwest Quarter of Section 32, Townshp,28 North, Range 24, ides:. of the 4th Principal meridian, ' except the East 165 feet thereof., r f` The South 607.0 feet of the East 21 3/4 rods t _ of the Northeast Quarter of theiiorthwest i Quarter of Section 5, Township 2 7, Range 24. , The North One -Half of the Southeast Quarter of i the Northwest Quarter of Section 5, Townshin - 27, Pange 24: ✓ r The North 121 feet of the South 728 feet of 6' I the East 180 feet of the Northeast Quarter of the ' 7' •. Northwest Quarter, ems:_ off, Section 5, TOvmship 27, Range 24. K , $ C? That part of the-South One -Half of the Southwest Section 37., Township 28, Range 24, I Quarter of described as beginning at a point on the South V r C3Y' ! line thereof 859.375 feet west along said South ; line from the Southeast corner of the SO ]th4ie5t Qi Quarter of said Section 32; thence West along said South line 445.5 feet; thence North, parallel.; ' to the East line of said Southwest Quarter, to the _ {{{� North lire of the SoutIi One -Half of the Southwest Quarter of said Section 32; thence East along said Qu . j r . North line 445 5 feet, more or less, to an inter- [ section with a line drawn North parallel to the East line of said Southwest Quar` --er, from the # point of becinr:ing; thence South along, said last described parallel line to the point of beginning. jj -2- e t I ,I i I i ewe iy- efe- p`-ed- €rpm- the - foregoing- the - -fo wing -- - C,2.. CO 1. eservation of any minerals mineral t - ri to the State of t•' nesota. i CO 2. Existing road- a ighways. �. -. ' 3. The righ acquired pu s ant to the judgments dings in the enter in condo- nation pr Jud 1 di rict court for the Fourth dal District :'.i n the County of Hennepin and State oo -• . nnesota Ord- - X R1 1 D. The estate or interest claimed therein is in fee simple and. is not subject to homestead. t ti•" i ' E. The names and residences of all persons or parties, except the applicant, who appear of record, or who are know n to the applicant to have or claim any right, title, estate, lien or interest in the above described land: j Name Street or Ave. Town or City County State i -- ward E. 211 Tyrol west Bldg. MpIs. Hennepin Minn. Woody 1500 So. Lilac Dr. 55416 Et. Tyrol West Bldg. Mpls Hennepin Minn. ` .211 mpany, 1500 So. Lilac Dr. 55415 �..- ._.._.. eenhorst 4444 Rauenhorst Mpls. Hennepin Minn. orporation Circle 55435 . � State of State Capitol St. Paul Ramsey Minn. Minnesota'. Northern Nicollet Mall Mpls. Hennepin Minn. States Power Com- i pang' a� The land is not occupied, save and except for a certain easement c t ..v running in favor of Northern States Power Company, whose address is i Nicollet Mall, Minneapolis, Minnesota. . G. Liens and encumbrances on the land, recorded or unrecorded are ° Ct? 3 as follows: _ . { ward E. Woody whose address is 211 Tyrol West Bldg., 1500 So. { Lilac Drive, Minneapolis, Minnesota, appears as Vendee in a certain r 1 Contract for Deed, dated June 15, 1968, filed December 18, 1968, Ip_' j as Document No. 930240,•covering the property described in Paragraph C above; together with other lands. j oc Company, Inc., a Minnesota corporation, Ms acquired a one - -half' undivided interest in the Vendee's interest in the aforesaid Contract s - for Deed, by unrecorded }nstrun:ent, made Sy and between Edward E. t - Woody, and joined in by his wife, Barbara Woody, as Grantors, and F.toc Company, Inc., as Grantee. -3- i. 3 - i Rauenhorst Corporation is the Vendee bn a certain Contract for i Deed made by anti. between Edward E. Woo 3 and Barbara ;r'aody, his 3 L�7 � rife, and Etoc Cc >pany, Inc., Inc a Minnesota corporation, as Vendors, and Rauenhorst Corporation as Vendee, covering all that portion - of the land d_ scribed in Paragraph C above, lying South of the South right -of--way line of Interstate Highway No. 494. s c' •� R enhorst Corporation is an Qptionee under -a certain Option 6 ■ s gr.ezient made by and between Edcrard E. ;loony and Barbara ;goody, �. wife, and Etoc Company, Inc., a Minnesota corporation, as F s 4! Optionors; and P.a.,en.or� Corporation, as Qptionee, covering all �. } # that portion of the property described in Paragraph C above, lying North of the Norlt of Interstate Highway No. 494. Said t S I ! ion Agreement terminates on the 15th day of December, 1971. f •` Z The State of Minnesota, whose address is State Capitol, St. Paul, f _ Minnesota, has acquired certain rights by virtue of that certain final certificate in a condemnation action dated August 2, 1963, y filed an the Office of the Register of Deeds of Hennepin County, F on September 5, 1963, in Book 2405 of Deeds, Page 205, as Document €. No. 3428014. f` Northern States Poorer Company has acquired certain rights, privileges and ezisements re.latirg to -the construction, operation, and maintenance of an electric transmission line, together with all towers, structures, poles, cross -arms, cables, wires, guides, supports, fixtures and devices pursuant to a certain easement .grant dated October 30, 1959, [ j filed in the Office of the Register. of Deeds of Hennepin County, _ °t - - -- ' on Deceraber-S, 1959, as Document No. 3211.015, as amended by that_ s certain Quit Claim Deed dated August 26, 1960, filed October 6, 1960, in Book 2272 of Deeds, Page 447. H. There are no oche, persons having or claiming any estate or ! • interest in lava or in .equity, in po =sessi.on, remainder, reversion, or expectancy in said land, save and ex cent those parties named above. I. Applicant does not desire to' register the boundary lines of said ear: premises. i ! J. There are no substantial defacts in Applicant's title. i� PIHEREFOZE, the Applicant prays the Court find and declare the , _q r, interest or title OF the Applicant in said land, and decree the same, and order the Registrar of Titles to register the save, and to grant ° C't such other and further relief. as shall be according to equity. i C? I � _ /" .1�'�'• �t!✓� -1 -%� �_ :lam <�_ 1 � . _ f� C AUL HiLTt•tAN, applicant t IiAR01,D 557S TP F - ---FO t , Ff >t licant CL 1 SUBSCRIBED AND SWORN to before me, by the above named Applicants, . .J this day of C"t_ 1370.. Ig / •7 �. N4ta�lic - County, f My commission expires - CATrIERINE M. M :t'ftTEN: i - Notary Nb :iq H- nney:n cog T. 1 -2- .-4— HT=,ycs,on ExP��•+a .Iuc+.i rrti L:S. i -� ` G _ t .a P Y. s -NT OF SPGUSE _ e _ to hereby assent to the r cgistration of the. above described real estate as prayed for by Paul itultraan and Harold D. Stafe5Cr l+ who are our respective QJ husbands;. } the P�esence, { ��7, ✓/ � i iL. ,�`�`;T"� _!•Sa -Y B. Hu .mar. _ t u'i.fe of P f / aal Hultman) Stafford 4 ► �! G C - (wife of Harold D. Stafford) - STATE OF MIN' IESOTi1 ' COUNTY OF HENNEP N ) ss: On this day of a Notary Public, withici and for sazc County, • 1974, before ne, NARY 8. HULT,1N (wife of Paul Hultian) andISABEI.oEa1STAFppnpred •. (wife of Harold D. Stafford who signed the foregoing Ad) to me known to be the persons and acknowledge that the- executed / the.sarie as their free act and deed. Notar Pub! 1-c My } O tzonal Assent `�— rt5ayee, Occaoant or Other Parties in Interest The undersigned hereby assent to the registration of the t a -bove described real estate as prayed for b {' r� and Harold Stafford. Y Applicants, Paul Hultman 1 In the Presence of: t ter_ - =— a'f,•�_ Edw ard E. =ItiVTj oody f Baipara :food ETOC COMPANY, INC. �� I ' 1 r I G 1 (CORPORATE SEAL ) BY In �t i .$ Present ,�f; �i -lam GLtti' �,l'' / RAUENHORST CORPORATION l BYIts^ Dices Pr�?sid_ent ' (CORPORATE SEAL) $p ^, _ i 4 I 0 Edward E. Woody and Quit Claim Deed Barbara Woody, his wife Dated October 15, 1968 59. to Filed October 29, 1971 Edward S. Hagerty and Book 71 of Hennepin County Margaret S. Hagerty, Records, page 3914170 as joint tenants Consideration $1.00 etc. Undivided 1/12 interest in and to All of the North 73.435 rods of the East 21 3/4 rods of the Southeast 1/4 of the Southwest 1/4 of Section 32, Township 28, Range 24, except the East 165 feet thereof. (Other property not in question not recited herein) Edward E. Woody and Mortgage Barbara A. Woody, Dated March 1, 1972 husband and wife Filed March 6, 1972 60. to Book 72 of Hennepin County The First National Bank Records, page 3934846 of Saint Paul (United States To secure $685,000.00 Corporation) (For further terms and as vendee under a Contract for Deed i the East 21 3/4 rods of the Southeast 32, Township 28, Range 24, except the rights acquired for highway purposes. not recited herein) conditions see record) An undivided one -third interest n: All of the North 73.435 rods of 1/4 of the Southwest 1/4 of Section East 165 feet thereof. Subject to (Other property not in question 61. Taxes for 1971 and prior years, paid. Taxes for 1972 amount $4,568.52 first 1/2 paid, second 1/2 not paid, as assessed. (Assessment also covers other land) Assessed in the name of Hultman; Plat 73832; Parcel 2100; (Edina #24) 62. Certifications by Title Insurance Company of Minnesota cover records in Register of Deeds' Office of Federal Internal Revenue Lien Notices and Minnesota Income and Inheritance Tax Lien Notices. 63. For Judgment and Bankruptcy Search see Certificate attached. i 623897 No. Verified by --;,' CERTIFICATE ON JUDGMENT LIEN, FEDERAL TAX LIEN AND BANKRUPTCY DOCKETS THE COMPANY HEREBY CERTIFIES that it has made a search of the Judgment Lien and Bankruptcy Dockets in the following named Courts: District Court, Fourth Judicial District, Hennepin County, Minnesota, United States District Court, District of Minnesota, Fourth Division, and finds no bankruptcy proceedings and no unsatisfied judgments and no undischarged notices of Internal Revenue Tax Liens appearing therein against the names hereon between the dates set opposite the respective names, except as shown hereon. THE COMPANY FURTHER CERTIFIES that it has made a search of the Federal Tax Lien Docket in the United States District Court, District of Minnesota, Third Division, and finds no undischarged notices of Internal Revenue Tax Liens against the names hereon, between the dates set opposite the respective names, except as shown hereon. (Note: Where any name appears hereon with a middle initial, no search is made as to any names having middle initials different from that shown hereon.) NAMES Mapco Sand $ Gravel Company, Inc. or) MAPCO Sand and Gravel Co., Inc. ) (a Minnesota Corporation) ) Paul Hultman Harold D. Stafford or) Harold Stafford ) Edward E. Woody Edward S. Hagerty Margaret S. Hagerty DATES Aug. 6, 1962 July 28, 1967 Aug. 6, 1962 Aug. 7, 1972, 7AM Aug. 6, 1962 1 Aug. 7, 1972, 7AM Aug. 6, 1962 Aug. 7, 1972, 7AM Aug. 6, 1962 Aug. 7, 1972, 7AM Aug. 6, 1962 Aug. 7, 1972, 7AM Dated at Minneapolis, this 7th day of August i9-L2— TITLE INSURANCE COMPANY OF MINNESOTA Form No 8 By z Asst, Secretary