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HomeMy WebLinkAbout1691October 26, 1973 These are copies for our information. The original is being filed according to a call to Mr. Erickson's office on 10/26/73. Filed copies will be mailed to us. DORSEY, MARQUART, WINDHORST, WEST & HALLADAY `0I DONALD WEST WALDO F. MAROUART RAYMOND A. REISTER JOHN J. TAYLOR 2400 FIRST NATIONAL BANK BUILDING JOHN W. WINDHORST, JR. MICHAEL PRICHARD DOUGLAS D. MCFARLAND DAVID L BOEHNEN JOHN W. WINDHORST BERNARD G. HEINZEN WILLIAM R. SOTH ALAN D. GILLILAND HENRY HALLADAY WILLIAM J. HEMPEL MINNEAPOLIS, MINNESOTA $5402 THOMAS R. MANTHEY LAWRENCE R. OLIVER JUL E M. HANNAFORD JOHN S. HIBBS RICHARD G. SWANSON FRANK H. VOIGT ARTHUR S.WHITNEY ROBERT O. FLOTTEN FAITH L. OH MAN WILLIAM E. MARTIN RUSSELL W. LINDOUIST JOHN 0. LEVINE ( 612) 340-2600 DAVID A. RANHEIM WILLIAM H. HIPPEE, JR, DAVID R. BRINK ROBERT J. STRUYK CABLE: DOROW ROBERT J. SILVERMAN STEPHEN G. SHANK HORACE HITCH MICHAEL A, OLSON WILLIAM R. HIBBS ROBERT A. BURNS VIRGIL H. HILL LARRY W. JOHNSON TELEX: 29 — 0605 JOHN D. KIRBY TONI A. BEITZ ROBERT V. TARSOX THOMAS 5. HAY - TELECOPI ER: (612) 340 — 2868 PHILIP F. BOEITER MICHEL A. LAFONO ROBERT J. JOHNSON G. LARRY GRIFFITH WILLIAM B. PAYNE BRADFORD L FERGUSON M.B.HASSELOUIST CRAIG A. BECK JAN STUURMANS ROGER J. MAGNUSON PETER DORSEY DAVID L. McCUSKEY 1468 W —FIRST NATIONAL BANK BUILDING R.A.SCHWARTZBAUER J. ROBERT HIBBS GEORGE P FLANNERY THOMAS O. M ST, PAUL,MINNESOTA 55 10 1 DAVID N. FRONEK CUR71S L ROY JAMES H. OHAGAN (612) 227 — 6017 THOMAS W. TINKHAM ARTHUR E.WEISSERG JOHN M. MASON JON F. TUTTLE DUANE E. JOSEPH MICHAEL W WRIGHT ROBERT A. HEIBERG FREDERICK E. LANGE LARRY L. VICKREY JONATHAN VILLAGE CENTER EMERY W. BARTLE JAMES B. VESSEY WILLIAM A. WHITLOCK LOREN R. KNOTT PHILLIP H. MARTIN CHASKA, MIN NESOTA 65318 MICHAEL J. RADMER CURTIS LSTINE E. J. SCHWARTZBAUER REESE C. JOHNSON (612) 448-4012 MICHAEL TRUCANO THOMAS M. BROWN CHARLES J. HAUENSTEIN WILLIAM J. KEPPEL OF COUNSEL CORN ELIUS D. MAHONEY CHARLES A. GEER JAMES A. FLADER DAVID E. BRONSON THOMAS S ERICKSON JOHN C. ZWAKMAN 115 THIRD STREET SOUTHWEST WILLIAM A. JOHNSTONE LEAVITT R. BARKER WILLIAM C.BAB000K JOHN R.WICKS ROCHESTER, MINNESOTA 55901 WILLIAM E.BOWEN GEORGE E. ANDERSON MICHAEL E. BRESS EUGENE L.JOHN50N (607) 288 -3156 WILLIAM P. LUTHER ROBERT L VANFOSSEN October 18, 1973 Mr. Jerry Dalen Village Treasurer Administrative Offices 4801 West 50th Street Edina, Minnesota Re: Village of Edina v. Mosow, et al. Dear Mr. Dalen: Enclosed is the Stipulation for Settlement in the above - captioned matter and the Final Certificate. With the filing of these documents, the condemnation is complete in all respects. Yours truly, Thomas Tinkham TT /cs Enc. STATE OF MIITZMESOTA COMM OF 11LINNEPSN Village of Edina, Petitioner, Va . Larry Yo-sow and :farcella 1`0,10% ;, et al., responder.ta . DISTRICT COURT f"'.) " - !o ( i�1'� 1'0U1'{'N JUDICIAL DISTRICT �llC:V!Ipji�oR. nation File No. 470 C) f- I k_�� STIPITT.MON A�iD_Q^r. -7." FOR . _.. _ 'T IT IS IiI EELY STIPULATE 1.1M AC ^.TED by and between the partite -s that tbl 3 rQllrt iAxj Or.1 T jUit 'Ci.4- ii1 i£a1tOi' Of all TC'»i'plOIiCZClltfl .3, ^•,:t4n3t YCiiL. d':'aiGr Vil.lne;a of 1.di.r.z in the r.mount of i`wcnty -Six Thousand Eight Eundrod F I S t y and _) /le ^Q '.�rJ.l...as (26,f�_C1. . ")) n,^, Ct%:.ii;ctls..L' OZ! ft�x e:,�IriciZt c'on..iri proccr.(,3.ti: ^: if..t t t.. faZlc -in;; r•nrco" , of 1,�.n3: Anted: All that part of Co.- c.rrvcnt I,ot •1, Section 32, Tamshio 117 "orzh, 2-nn.:.c 21 : =;.t of t%a 5th I'rircipal Xerltlian, lyin.; .:nt of the cst Line of Edina Grove and the Northerly and Southerly e ten sioa3 of sni.d line. to tics ,:ortli and South linnet of said ovcrazz nt Lot 1, and of the following described line: I'c,,inning ou the ;North line of said Goucrnricnt Lot 1, 527.5 feet East of the Nortlivent earner thereof; thence South 260 feet; thcnCv-_'i;e3t nu g:: a11: Z to said �:arth line of Govan, --net: lot 1, a dirt z-,nce of 167.5 feet to a point 40 row, _az;t of that 1:c;7t litre of said, Governncnt Lot I; thence South znd parallol to tic Went line of raid COLcrn »': rt Lot 1 to Nvd 'LzIXIc. All accordin- to the Vnited :hates Government Surti cy r_id. nail plat of Edina Grovo, Eernepin County, Nirnesota. DORS :Y, ki. RQUART, UINDLORS.T, W�ST 6 EALLAJAY Tho,,=s Tin :ham 2400 First National Bank Building Munaza olis, 111i nnessota 55402 Telephone: (612) 340 -2329 Attorneye for Petitioner -1-- r NMIAN, OLSON b LUttDCREN 1. ,� ✓l/ ��,, , Xibert I Dated: �� • J 7 • By J ' {. N'cu-m nn 924 Flour rxchnnr,A Building 21inneapolio, Minnesota 55415 Telephonas 612- 333 -2555 Attorneys for Reepondento Dated; Thomas E. C.ollina s ' 5313 i,00dale Avcnue South Edina, Minn. coota Talcpbone: 612 - 920 - 2341. Attorney for Intervenor Codes IT IS SO 0701=0, rated: /fj l l q-73 -•- __.__ _ . __...____ Judgo of District Court - STATE Of MINNESOTA, COUNTY Of HENNEPIN CeMMed to. W A true and ,coffad **y- of the oft W. on . file -end of record in my , f' GERA 25--A73 , cler r/awt �Y -• �ti -2- F l L E I,1 STATE OF IIINN17SOTA DISTRICT COURT °73 f" 16 M, 11 : I7 C017NTY OF IIENNErIN FOURTH JUDICIAL DISTRICT CLERK' c; ' IQICT COURT li�:ir„i:! ICI COUNTY. Village of Edina, Condemnation File No. 970 Petitioner, vs. FINAL CERTIFICATE Larry Mosow and Marcella Mosow, et al., Respondents.. By authority of Minnesota Statutes 1971, Section 117.205, Dorsey, Marquart, Windhorst, West & Halladay, attorneys for the Village of Edina, hereby certify that the lands herein described have been taken by the Village of Edina, in eminent domain proceedings for public park purposes in conformity with requirements of Chapter 117 of said Statutes, as amended; 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 appeals from the award in said report were made; that pursuant to said appeals, a Settlement Agreement was reached with all parties claiming interest; that a Stipulation and Order for Entry of Judgment has been executed by the parties and approved by the Court; that all damages totaling Twenty -Six Thousand Eight Hundred Fifty Dollars ($26,850.00), including costs have been paid for by the Village of Edina; that the pro - %1 ceedings for the taking of said lands are now complete; that.the Village of,.;' Edina now owns in fee simple ahsolute the land situated in Hennepin County..''_ and described as follows, to -wit: All that part of Government Lot 1, Section 32, Township 117 North, Range 21 West of the 5th Principal Meridian, lying West of the West Line of Edina Grove, and the Northerly and Southerly extensions of said line to the North and South lines of said Government Lot 1, and East of the following described line: Beginning on the.North line of said THIS INSTRIPMENT IS EXEMPT FROM STATE DEED TAX Government Lot 1, 827.5 feet East of the Northwest corner thereof; thence South 260 fert; thence West and parallel to the said North line of Government Lot 1, a distance of 167.5 feet to a point 40 rods East of the West line of said Government Lot 1; thence South and parallel to the West line of said Government Lot 1 to Mud Lake. All according to the United States Government Survey and said plat of Edina Grove, Hennepin County, Minnesota. DATED : M . /�P i /` 7 DORSEY, MARQUART, WINDHORST� LJEST & HALLADAY By Thomas Tinkham. 2400 First National Bank Building Minneapolis, Minnesota 55402 Telephone: 612 -,340 --2829 Attorneys for the Village of Edina The above Certificate is hereby approved. DATED: C2J. I el- SiA7f Q� M04NL%T k COUItTY Of k COMIllod to be s G' fF,�IK a9m?, on PAO 0 �a"dr !*eat �y my � RERAf f`c /q73 Judge of District Court -2- O a STATE OF MINNESOTA 433y12� i�* 1 L E i) 17 COUNTY OF TTENNT rIN ,CLERK t i 1 ?ic:T COURT Village of Edina, Petitioner, vs. Larry Mosow and Marcella Mosow, et al., Respondents. DISTRICT COURT FOURTH JUDICIAL DISTRICT Condemnation File No. 970 FINAL CERTIFICATE By authority of Minnesota Statutes 1971, Section 117.205, Dorsey, `'larquart., Windhorst, West & Halladay, attorneys for the Village of Edina, hereby certify that the lands herein described have been taken by the Village of Edina, in eminent domain proceedings for public park purposes in conformity with requirements of Chapter 117 of said Statutes, as amended; that Vt y- Lissloners 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 appeals from the award in said report were made; that pursuant to said appeals, a Settlement Agreement was reached with all parties claiming interest; that a Stipulation and Order for Entry of Judgment has been executed by the parties and approved by the Court; that all damages totaling Twenty -Six Thousand Eight Hundred Fifty Dollars ($26,850.00), including costs have been paid for by the Village of Edina; that the pro- ceedings for the taking of said lands are now complete; that the Village of Edina now owns in fee simple absolute the land situated in Hennepin Count?'- and described as follows, to -wit: i i All that part of Government Lot 1, Section 32, Townshko 117 North, Range 21 West of the 5th Principal Meridian, lying West of the West Line of Edina Grove, and the Northerly and Southerly extensions of said line to the North and South lines of said Government Lot 1, and East of the following described line: Beginnin-; on the North line of said THIS INSTRUMENT. 13 EXEMPT FROM STATE DEED TAX d, I , 0 n0 delinquent to d transfer flexes end HEnV FINANCE DIVISION cam,... QCALJTY —7� t2r�s 1'1 ''79y Government Lot 1, 827.5 feet East of the Northwest corner thereof; thence South 200 feet; thence West and parallel to the said North lint: of Covernment Lot 1, a distance of 167.5 feet to a point 40 rods East of the West line of said Government Lot 1; thence South and parallel to the West line of said Government Lot 1 to Mud Lake. All according to the United States Government Survey and said plat of Edina Grove, Hennepin County, Minnesota. DATED: L.",/: /,J' DORSEY, MARQUART, WINDHORST, WEST & HALLADAY Thomas Tinkham 2400 First National Bank Building Minneapolis, Minnesota 55402 Telephone 612- •340 -,2829 Attorneys for the Village of Edina The above Certificate is hereby approved. DATED: STATE "Ux AN ' � co t BY -2- Judge of District Court t. o& 43391 DEt —6-77 9 1 Z 2 s 0003.00 2o A OFFICE OF COUNTY HENNEPIN Co;UNTy, MiN CEP TjFiEc- rik ED ,4110 1971 DEC -6 4y t0.36 1 1 3 91 I's OCCUMENT y ig9k, ,66y 3/l// Illep- �i v R T C� k� "0 0 ti p eta S m iv NO. O CERTIFICATE - FORM I4 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 169 I Order No. 9+6712 MEMORANDUM ABSTRACT A xaLT & TO ., ... 117, Range 21. This abstract is not certified to by request of party ordering it. The statements herein are believed to be correct but no responsibility is assumed therefore: Deliver so Dorsey, Marquart, Eta1 TrMV INSUff"M COMPAKY' OF I NU01109MA Minneapolis 1, Minnesota FEderal 8-8733 Newlands Key 15 & 17 u CONVERSION TABLES Reds Feet Rats Feet Rsda Fast Rods Feet Rode Fast Rode Fast Rods Fast Rob Fast Rode Feet Rob Fad 1 16.5 11 1$1.6 21 346.6 31 511.5 41 676.5 51 841.5 61 1006.5 71 1171.5 81 1336.5 91 1501.5 2 88.0 12 198.0 22 363.0 32 528.0 42 693.0 62 858.0 62 1023.0 72 1188.0 82 1363.0 92 1618.0 8 49.5 13 214.5 23 379.5 33 644.6 43 709.5 53 874.5 63 1039.5 73 1204.5 88 1369.5 93 1584.5 4 66.0 14 2*t.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 2 .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 26.0 26 429.0 36 594.0 46 769.0 56 924.0 66 1089.0 76 1254.0 86 1419.0 96 1584.0 7 115.5 17 28 .5 27 445.5 37 610.5 47 775.5 57 940.5 67 1105.5 77 1270.5 87 1435.5 97 1600.5 8 132.0 18 29.0 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 31 .5 29 478.5 39 643.5 49 808.5 59 973.5 69 1138.5 79 1303.5 89 1468.6 99 1638.5 10 165.0 20 33.0 30 495.0 40 660.0 1 60 825.0 60 990.0 1 70 1155.0 80 1320.0 90 1485.0 100 1650.0 Rode to feet from 1 to 100 Chains Fast Chains Fast Chains Feet Chains Fast IJake Fast Limb Feet! Unks Feet rJab Feat r inb Feet 1 66 11 726 21 1386 31 2046 1 .66 11 7.26 21 13.86 31 20.46 41 27.06 2 132 12 792 22 1452 32 2112 2 1.32 12 7.92 22 14.62 82 21.12 42 27.72 3 198 13 858 23 1518 33 2178 3 1.98 13 8.58 23 16.18 33 21.78 48 28.88 4 264 14 '' 924 24 1684 34 2244 4 2.64 14 9.24 24 15.84 84 22.44 44 29.04 5 330 16 990 25 1650 35 2310 5 3.30 15 9.90 25 16.50 85 23.10 45 - 29.70 6 396 16 1056 26 1716 36 2376 6 3.96 16 10.66 26 17.16 36 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 ]88 28 1848 38 2508 8 6.28 18 11.88 28 18.48 38 25.08 48 31.68 9 694 19 29 1914 39 2574 9 5.94 19 12.64 29 19.14 39 25.74 49 92.84 10 660 20 1020 30 1980 40 2640 10 6.60 20 13.20 30 19.80 40 26.40 60 58.00 Chains to feet from 1 to 40 1 Links to feet from 1 to 50 A SECTION OF LAND - 640 ACRES N.w.@OII. wanes wwna N.CCOR TABLE Of MEASUREMENTS so low Is CHAINS One link equals 7.92 igCI)es, Q Q '. One rod equals 16.5 ft. or 25 links, C One chain equals 66ft,100lk5.,or4rods, 20 A C QscNS. m PCs. One mile equals 5280ft,320rds,or 80chs, R g One square rod contains 272.25 sq. ft., One acre contains 43560sgft,160sq.rds,orl0sq.chs. I' A side of an acre equals 208.71 feet s i 10 AC. N.W. J 80ACRES NOE4 „ "IN 20 CHAINS �J a 0 S $ B 40 ACRES $ CENT P ROF an GNAINi t ECTIONAL MAP OF a LINE A TOWNSHIP WITH SEC ION !1 LINE ADJOINING SECTIONS 30 31 32 33 34 35 36 31 1 1 1 6 5 1 4 1 3 2 6 12 7 160 ACRES 7 S 9 10 11 ;13 18 ; [24 W D t8 4 NS l4 24 19 S. 19 2 2 2 125 25 30: 0 30 29 28 27 26 1 36 31 32 33 34 35 36 31 ; i 116 1 l6 aw*w vwarta 5 4l3 2 s.w. con. «.I s..wRL MEMORANDUM ABSTRACT 1. TO Land adjoining on the West Side of the following described tracts:; That part of the North 20 rods of Government Lot 1, Section 32, Township 117 North, Range 21, West of the 5th Principal Meridian, lying Easterly of the Northerly extension of the West line of Edina Grove and Westerly of Line A below described: ALSO, That part of the South 180 feet of the Northeast 1/4 of the South- west 1/4 of Section 32, Township 117, Range 21, lying Westerly of a line (herein called Line A) described as follows: Commencing at a point on the South line of said North 20 rods 303 feet West of the East line of Government Lot 1; thence on an assumed bearing of North 89 degrees 59 minutes 30 seconds West along said South line a distance of 569.43 feet to the actual point of beginning of the line to be described; thence Northerly along a curve concave to the West, said curve having a radius of 265 feet, central angle of 37 degrees, 34 minutes, 46 seconds and chord bearing of North 8 degrees, 12 minutes, 37 seconds East, an arc distance of 173.8 feet to a point of compound curve; thence Northwesterly along a curve concave to the Southwest, said curve having a radius of 450 feet and being tangent with the last described curve, to its intersection with the North line of the above mentioned South 180 feet and there terminating.� Elizabeth A. Gleeson Quit Claim Deed widow Dated August 6, 1947 2. to Filed August 8, 1947 Margaret Mary Wright Fisher Book 1748 of Deeds, page 349 and John Marsham Wright Consideration $1.00 etc. Doc. No. 2454670 That part of the Northwest 1/4 of the Southwest 1/4 of Section 32,, Township 117, Range 21, described as follows: Commencing at a point in the West line of said Northwest 1/4 of the Southwest 1/4 which is 510 feet South of the Northwest corner thereof; thence South along the West line to the Southwest corner thereof; thence East 80 rods to the Southeast corner thereof; thence North along the East boundary line thereof to a point 849 feet South of the North line; thence Northwesterly along a straight line to the point of commencement, containing 19.20 acres more or less. This deed is executed to correct an error in description of a certain deed heretofore recorded on the 12th day of December, 1946 in Book 1679 of Deeds, Page 179 and no consideration has been paid for its execution. 3. 4. W. E. Code and Blanche C. Code his wife to the Village of Edina of the County of Hennepin and State of Minnesota Doc. No. 1941786 Warranty Deed Dated July 16, 1938 Filed August 12, 1938 Book 1475 of Deeds, page 172T Consideration $1.00 etc. All that portion of Government' Lot 1, Section 32, Townhhip 117,;;; Range 21 described as follows: Beginning at a point 40 rods East of the Northwest corner of said Government Lot 1; thence South 2 rods; thence East 40 rods on a line parallel to the North line of said lot; thence North 2 rods to the North line of said Government Lot 1; thence West along the North line of said lot a distance of 40 rods to the point of beginning. The above described parcel of land shall be used for road and highway purposes only and in the event such road or highway shall at any time be vacated the title to the above described parcel of land shall revert to the grantors herein theirs heirs or assigns. Subject to incumbrances, if any. Mary Nelson and Warranty Deed Carl A. Nelson Dated May 15, 1964 her husband Filed May 22, 1964 to Book 2442 of Deeds, page 455 Larry Mosow and Consideration $1.00 etc. Marcella Mosow All that part of Government Lot 1, husband and wife lying in Southwest 1/4 of the Joint Tenants Southwest 1/4 of Section 32, Doc. No. Township 117, North Range 21, ,3476465 West of the 5th Principal Meridian, East of the following described line: Beginning on the North line of said Government Lot 1, 827.5 feet East of the Northwest corner thereof thence South 260 feet; thence West and parallel to the said North line of Government Lot 1, a distance of 167.5 feet to a point 40 rods East of the West line of said Government Lot 1; thence South and parallel to the West line of said Government Lot 1 to Mud Lake, subject to existing roads over the North 2 rods and over the East 2 rods of said premises. Also subject to restrictions, reservations and easements of record, if any. Revenue Stamps $2.75 State Deed Tax Stamps $2.75 5. In the Matter of Condemnation District Court by The Village of Edina of State of Minnesota Certain Lands and Interests Fourth Judicial District therein in Hennepin County for Case No. C -970 Park and Recreation Purposes Notice of Pendency of Condemnation Proceedings Dated April 10, 1970 Filed April 10, 1970 Book 70 of Hennepin County Records Page 3824149 To the Register of Deeds of Hennepin County, Minnesota -- Notice is hereby given that on April 10, 1970, the Village of Edina filed a petition in the office of the Clerk of the District Court of Hennepin County for the condemnation under Minnesota Statutes,, Chapter 117, of the fee title to certain lands for park and recreation purposes, which property is particularly described on Exhibit A attached hereto and made a part hereof. i G , E EXI1THIT A' All that part of Government Lot 1, Section 32ti Township I17 North, Range 21 Hest of the 5th Principal lkridian, lying West of the [:'est 1 Line of Edina Grove, and the Northerly and Southerly extensions of said dine, and East of the following described line: Beginning on the North 1 � 1 line of said Government Lot 1, 827.5 feet East of the Northwest corner j `•# + N thereof; thence'South 260 feet; theuee Hest and parallel to the. said North line of Government Lot 1, a distance'of 167.5 feet to a point 40 rods East of the West line of said Government Lot 1; thence South and par allcl to the West line of said Govetnsent Lot 1 to Mud Lake, ti► `�' EXCEPT that part, if any, lying within the South 14 rods of said tr` Government Lot 1, all according to t[ie United States Government Sur- "- M- vey and said plat of Edina Grove, Hennepin County, Ninnosota. Names of personae interested in said parcel and the nature of their respective interests are as follows; f Names Nature of Interest Larry *tosow Fee owner I Marcella Mosuw Fee owner ; Unknown heirs of Joseph H. Code, deceased Possible claimants of an interest Jennie A. Code Possible claimant of an interest + Unknown heirs of Frank R. Code,'deceased Possible claimants of an interest Jennie S. Code Possible claimant of i an interest Leslie L. Code and _Code, Possible claimants of his wife an interest • E a George F. Code and Code, Possible claimants of i his Wife an interest Viola M. Code 'Possible claimant of C) i an interest �i --� Emmett S•'. Code and Code, Possible claimants of his wife an interest Mill Possible claimants of Evelyn E. tiller and ! � ' Miller, her husband an interest Q Everett W. Code and Code, Possible. claimants Of ?• 7' his wife - an interest Ruth E. Hardc and Hardt. Possible claimants of her husband an interest ' i Joseph 4[. Code and Code, Possible claimants of his wife an interest FORM No, 25 1. 0 Af TITLE INSURANCE COMPANY OF MINNESOTA r--- I I / 1 I /2 I 12¢ zs � 3G t Minneapolis, Minnesota 1 / 1 6 t S 1 4 ABSTRACT OF TITLE —To— All that part of Government Lot 1, Section 32, Township 117, North Range 21, West of the 5th Principal Meridian, lying West of the West line of Edina Grove, AND the Northerly and Southerly extensions of said line, and ,East of the following_ described line: Beginning on the North line of said Government Lot 1, ,$27.5'feet East of the Northwest corner thereof; thence South 260 feet; thence West and parallel to the said North line of Government Lot 1, a distance of 167.5 feet to a point_ -.40. - -rods _ East of the West line of said Governmentlot l; thence South and parallel to the West line of said Government Lot 1 to Mud Lake, EXCEPT that part, if any, lying within the South 14 rods of said Government Lot 1. A 80 Roas /O cwwzms isort S ACRL A rod is 1634 feet. A chain is 66 feet or 4 rods. Zo ACKES 4o Reos A mile is 320 rods, 80 chs., or 5,280 ft. A square rod is 272Y4 square feet An acre contains 43,560 square feet An acre contains 160 square rods. 8o Ac�t'ES 6(.o Fr. / CMINs An acre is about 208Y4 feet square. 40 chains, 160 rods or 2,640 feet. 40 .4CROS 31 32 33 1 34 1 35 3G 2/ ' I 1 I 20 CNA /N s 32 .3 2 - --► - -- -� ---- f - - -4 - -- - -- I -� - /8 I /T 16 IS I /4t 13 8 ------ +--- i--- 1- - -4 - -- I - - --I /S Zo 1 Z/ i 22 Z3 i Z4 /9 i /G a AC rX.t 30 29 I Z d 27 26 i 15 ,3 o ---- --i - -- -4 - - -' -- - - --� 3/ 3Z t 33 3 JS / , 1 t .46 I 1 ,3 1 I 1 1 / 1 6 t S 1 4 ABSTRACT OF TITLE —To— All that part of Government Lot 1, Section 32, Township 117, North Range 21, West of the 5th Principal Meridian, lying West of the West line of Edina Grove, AND the Northerly and Southerly extensions of said line, and ,East of the following_ described line: Beginning on the North line of said Government Lot 1, ,$27.5'feet East of the Northwest corner thereof; thence South 260 feet; thence West and parallel to the said North line of Government Lot 1, a distance of 167.5 feet to a point_ -.40. - -rods _ East of the West line of said Governmentlot l; thence South and parallel to the West line of said Government Lot 1 to Mud Lake, EXCEPT that part, if any, lying within the South 14 rods of said Government Lot 1. A 0 D The following certificates appear aprended to the plat shovr be'lo%v, which plat -,�!as filed for record I .9 in the office of the Re,g,iste-x, o3 IDeeds, Tleiuiepin County, Minnesota, on A'Pril 30, 1932 at � ,:)O :r' clock A. M.1 as Document No. 1684387, and was recorded in Book of Govt. Survey Plats, page 3. "The above map of Toumship No. 11r,7 North, Range No. 21 West ofI., 1 .11 I 'he 5t" I-rincip:�1 Meridian, Minnesota, is strictly conformable to the field notes of -`V-he sur-irey thereof o-.-1 file in this office, which have been ermined and avoroved- Sur,-eyor General's Office. Warner. Lewis Dub -que May 1.6th 1855 Surr.Genl.11 I - j "I hereby certify that the above map is a correct copy of the original Govel-orient Map of ToiNmship No. ll! North, Range No. 21 West of the 5th Principal Meridian on file. in this Office, (The Great Seal of the Mike Holm, Secly of State. State of Minnesota) St.Paul,Minn- SoPt - 4, 1931." I;r e-A .Y 4,� M i Percival Drayton by N. J. T. Dana, his attorney -in -.fact 8. to James R. Case Release of Mortgage recorded in Book D of Mtgs., page 396 (See No. 6) Dated June 14, 1861 Filed June 15, 1861 Book Q of Mtgs., page 217 James R. Case Warranty* Deed Elisabeth A. Case, wife Dated Jan. 16, 1857 9. to Filed Apr. 23, 1857 Robert R. Bullock Book G of Deeds, page 484 Consideration $12500.00 Lot 1, Section 32, Tov�-mship 117, Range 21, containing 47 1/2 acres. (Omer property not in question not shown). Subject to Mortgage of $1,500.00. United States of America Original Entry No. 1103 3, to Land Office Records, page 31 Richard Chute Dated Oct. 23, 1855 Lot 1, Section 32, Township 117, Range 21. The United States Patent of America Dated Apr. 2, 1857 4. to Filed June 1$, 1862 Richard Chute Book T of Deeds, page 378 Lot 1, Section 32, Township 117, Range 21, containing 47.50 acres. Richard Chute Warranty Deed Mary E. Chute, wife Dated Jan. 1, 1855 5. to Filed Jan. 12, 1856 James Rodney Case Book C of Deeds, page 617 Consideration $990.47 Lot 1, Section 32, Township 117, Range 21, containing 47 1/2 acres. (Other property not in question not shown) . Richard Chute. signed Richd. Chute. James R. Case Mortgage 6.' to Dated Nov. 26, 1856 Percival Drayton Filed Dec. 12, 1856 Book D of Mtgs., page 396 To secure $1,500.00 P. Drayton Power of Attorney 7. to Dated June 30, 1858 N. J. T. Dana Filed June 15, 1861 Loomis L. G,Ihite Book 1 of Bonds, page 422 Full power. Percival Drayton by N. J. T. Dana, his attorney -in -.fact 8. to James R. Case Release of Mortgage recorded in Book D of Mtgs., page 396 (See No. 6) Dated June 14, 1861 Filed June 15, 1861 Book Q of Mtgs., page 217 James R. Case Warranty* Deed Elisabeth A. Case, wife Dated Jan. 16, 1857 9. to Filed Apr. 23, 1857 Robert R. Bullock Book G of Deeds, page 484 Consideration $12500.00 Lot 1, Section 32, Tov�-mship 117, Range 21, containing 47 1/2 acres. (Omer property not in question not shown). Subject to Mortgage of $1,500.00. 11 Robert A. Balloek 10. to C. L. Emerson Lot 1, Section 32, f0ther property not 0 Warranty Deed Dated June 13, 1857 Filed Aug. $, 1857 Book H of Deeds, page 471 Consideration $7,925.25 Township 117, Range 21 containing 47 1/2 acres. in question not shownj. Charles L. Emerson Lydia M. Emerson, wife 11. to James R. Case Range 21, containing 47 1/2 acres. not shown). Charles L. Emerson signed Lydia. M. Emerson signed L. James R. Case Elizabeth A. Case, wife 12. to George W. Bodwell Quit Claim Deed Dated June 14, 1860 Filed Apr. 24, 1861 Book R of Deeds, page 551 Consideration $1.00 Lot 1,_ Section 32, Township 117, (Other property not in question C. L. Emerson M. Emerson - Range 21, containing 47 1/2 acres. not shown). James R. Case signed J. R. Case Elizabeth A. Case signed E. A. Cas Quit Claim Deed Dated Aug. $, 1860 Filed Apr. 24, 1861 Book R of Deeds, page 552 Consideration $1.00 Lot 1, Section 32, Township 117, (Other property not in question. George W. Bodwell Quit Claim Deed Hattie E. Bodwell, wife Dated June 12, 1861 13. to Filed June 15, 1861 Telfair Marriott Book S of Deeds, page 81 Consideration $1.00 Lot 1, Section. 32, Township 117, Range 21, containing 47 1/2 acres® (Other property not in question not shown). George W. Bodwell signed Geo. W. Bodwell Hattie E. Bodwell signed Harriet E. Bodwell Telfai.r Marriot li,.. to John ::ode Deed Dated May 11., 1868 Filed June 8, 1868 Book 18 of Deeds, page 270 Consideration $237.54 Lot 1, Section 32, Township 117, _Range _21. 0 A, John Code 15. to Whom It Concerns Agreement Dated - Filed Mar. 10, 1875 Book 5 of Misc., page 601. Consideration $1.00 First party, heirs and assigns, will make no claim to any land which may be uncovered from water by reason of M. _ Gleaso, !.s or others _.. drawing Mud Lake, in Sections 5 and 6, ToVMShip 116, Range 21, and Section 32, Township 117, Range 21, on account of his estate which joins said Lake. 0 John Code Quit Claim Deed 16. to Dated Aug. 26, 1875 George Cade Filed Sept. 1.1, 1876 Book 51 of Deeds, page 523 Consideration .$25.00 All that part of Lot 1 in Section 32, Township 117, Range 21, which lies in Southwest 1,4 of Southwest 1/4 of said Section. Intending to convey ailland in said quarter quarter section surroundi,. Mud Lake so- called and also all interest in and to said Mud Lake or bottoms thereof in case same is drained or becomes dry in any other manner. Auditor, of Hennepin County, ?Minnesota I.T. to State of Minnesota In the Matter of 18. Incorporation Village of Edina Doc. No. 69940 In the Matter of 3.9. Incorporation Village of Edina Doc. No. 69984 In the Matter of 20. Incorporation Village of Edina Doc. No. 69985 Certificate of Dated Dec. 20, Filed Dec. 26, Book 69 of Dee; Lot ],__- Section Range 21. Sold for $4.79 Tax Sale 1875 1877 3s, page Ill 322 Township 117, the Petition of Dated Oct. 27, 18$$ Filed Dec. 172 1$8$ Book 40 of Misc. , page-106 Includes land in No. 11 etc. the Petition of Dated Oct. 27, Filed Dec. 17, File No. 504 Includes land ME ..: in No. 1, etc. the Petition of Dated Oct. 27, 18$$ Notice of Election, Filed Dec. 17, 1$$$ File No. 504 Includes land in No. Nov. 9, 1$88 1, etc. Cl John Code. single 21. to Josephine Robinson Doc. No. 96,056 Section 32, Township 117, North and from South line extending from .Bast line (Shown for reference) i Warranty Deed Dated Sept. 24., 1$$9 Filed Sept. 26, 1$$9 Book 289 of Deeds, page 153 Consideration $350.00 South 14 rods of Lot 1, Range 21, being strip of land extending of said Section, a width of 14 rods and of said Lot to Lake on Wet i. George Code, Senior (widower) 22. to Josephine Robinson Doc. No. 97820 Section 32, Township 117, Range North in width from South bound West from East line of said Lot (Sho.•m for reference) Qjit Claim Deed Dated Oct. 1, 1$$9 Filed Oct. 4, 1$89 Book 296 of Deeds, page 71 Consideration $1.00 South 14 rods of Lot 1, 21, being strap of land extending line of said Lot,14 rods and extending; to West line thereof at the lake. he Matter of the t Probate Court, Hennepin County, 23• Estate of Minnesota Case No. 5573 George Code, deceased. Certified Copy Decree of Doc. No. 602694 Distribution Dated May 3, 1899 Filed June 30, 1911 Book 706 of Deeds, page 49 Debts paid. Deceased died testate May 25, 1897. Left Surviving: William Code, Joseph Code, Frank R. Code and George A. Code, sons; Elsie Hanke, grandchild and Ruth Boyce, grandchild. Assigned: To said Lilliam Code and Joseph R. Code: The Southwest 1/4 of Southwest 1/4, Section 19, Township 28, Range 24. Also all that part asp _ 1.,_. Section , 3.2, Township 117, Range 21, which lies in the South -vTest 1/4 of Southwest l/4 of said Section and being all the land in said 1/4_ section surrounding Mud Lake, so-called, and all of said Plud Lake which has heretofore been drained or become dry, or which may hereafter be drained or become dry, and East 37 rods of South 30 rods of Lot 5, Section 33, Township 117, Range 21, subject to the following legacies: To Frank R.. Code, the sum of $600.00 to be paid within 6 years after death of said testator. To George A. Code, the sum of $300.00 to be paid same as above. To Elsie: Hanke, the sum of $1,000.00 when she shall have arrived at the age of 18 years or vii thin 3 years after the death of said testator. To Ruth Boyce the sum of $1,000.00 to be paid same as above. In the event of the failure of the said William Code and Joseph. R. Code or either of them, to make said payment, then there shall be assi ned to Elsie Hanke the East 10 acres of the Southvrast 1/4 of Southwest M: Section 19, Township 28, Range 24, and to Ruth Boyce the West 10 acres of the East 20 acres of Southwest 1/4 of Southwest 1/4, Section 19, Township 28, Range 24. -,,,In the Matter of the Probate Court, Hennepin County, 24. Estate of Minnesota Case No. 5573 George Code, deceased Certified Copy Decree of Doc. No. 746742 Distribution Dated May 3, 1899 Filed Mar. 3, 1915 Book 732 of Deeds, page 586 Debts paid. Died testate May 25, 1897. Real.. Estate: The Southwest 1/4 of Southwest 1/4 of Section 19, Township 28, Range 24, containing 45.49 acres, more or less. Also all that part of Lot 1, Secti,on.-32, Township 117, Range 21, which lies in Southwest 1/1 of said Section .and being all what lan n-'sa it 1/4 surrcundi.ng Mud Lake, so-- called, and all of Mud Lake which has heretofore been drained or become dry or which may hereafter be drained or become dry and, Also the East 37 rods of South 30 rods of Lot 5, Section 33, Township 117, Range 21, containing 6 1/2 acres, more or less. Assigned: To said lam.ode.n „doeph R, subject to payment by them of legacies to the persons and in the amounts as set forth in Will. In case of failure of said William Code and Joseph R. Code or either of them to pay* said legacies of '$1,000.00 to said Elsie Hanke and Ruth Boyce upon their arrival. at age of 18 years, then, and upon happening of such event there is hereby assigned to said Elsie Hanke in lieu of said legacy to her, following described land: East 10 acres of Southwest 1/4 of Southwest 1/4 of Section. 19, Township 28, Range 24, and to said Ruth Boyce, following described .real estate, to --wit: The West 10 acres of ,East 20 acres of Southwest 1/4 of Southwest 1/4 of Section 19, Township 23, Range 24. William Code Affidavit Joseph W. Code (also known Dated Feb. 5, 1940 as Joseph R. Code) Filed Feb. 16, 1940 25. to Book 3$9 of Misc., page 428 ;Thom It Concerns William Code and Joseph W. Code, Doc. No. 2021256 (also known as Joseph. R. Code), being first duly .-_ upon oath depose and say: That they are named as the distributees in that certain Decree of Distribution in confection with the Estate of George Code, deceased, which instrument was filed for record in the office of the Register of Deeds, Hennepin County, Minnesota, as Document No. 602694 covering the following described property situate in said County and State: All that part of Lot 11 Section .32, Townsri.p.117, Range 21, which lies in Southwest —r/V- `S7outh- west 1/4 of said Section and being all the land in said quarter surround-.n zil Mud Lake so-- called and all of said Mud Lake which has heretofore; been drained or become dry or which may hereafter be drained or become dry. (Other property not in question not shown). Subject to the following legacies: To Frank R. Code, the spun of $600.00 to be paid within 6 years after death of said testator. To George A. Code, the sum of $300.00 to be paid same as above. Affiants state that they have good proof and knowledge that the above stated legacies of $600.00 to Frank R. Code and $300.00 to George A. Cody; as above provided in the Decree of Distribution of Estate of George Code, have been fully paid and satisfied. • 0 Joseph W. Code Quit Claim Deed Jennie A. Code, wife Dated Dec. 30, 1908 Frank R. Code Filed Dec. 31, 1908 Jennie S. Code, wife Book 621 cif Deeds, page 200 28. to Consideration $1.00 etc. William E. Code Fractional Lot 1, Section 32, Doc. No. 512977 Township 117, Range 21, formed by a line commencing at a point on North boundary lane of said Lot 1, 40 rods East of Northwest corner of said Lot line and runnir. Sough at Z h n > s.w to said North boundary line to P3orth share line of Tlud L e'; `hence ;�terly along shore line of said Mud Lake to a point where line projected South from. a, point in ':North boundary line of said Lot 1, 80 rods East of Northwest corner said Lot 1 and at right angles with said North lino wo -, ld intersect the shore lip?.e of said Mud Lake; thence North on said projected line to a point on said North boundary line of said Lot 1, 80 rods rust of Northwest corner of said Lot 1; thence West on said North boundary ling; 40 rocs to point of beginning. Saving and re c rving to said J. W. Cone a right-of-way for a road over North 2 rods of above described tract. n tr John Code, single Warranty Deed�' 26. to Dated July 19, 1901. Frank R. Code Filed Dec. 30, 1901 Doc. No. 401221 Book 582 of Deeds, page 310 Consideration $800.00 etc. That part of Lot 1, Soctzon, 32, Township 117, Range 21, which lies in 14, Section 32 except North 10 acres and South 14 rods thereof. ( Shown for reference) ) Ift. E. Code Quit Claim Deed Blanche C. Code, wife Dated Dec. 30, 1908 Frank R. Code, Filed Dec. 31, 1908 Jennie D. Code, wife Boom 621 of Deeds, page 199 27. to Consideration. $1.00 etc. Joseph W. Code Fractional Lot 1, Section 32, Doc. No. 512976 Township 117, Range 21, bounden by a line commencing at North - west corner of said Lot .1 and running East on North boundary line of said Lot 1, 40 rods; thence Sout'.- to North shore line of Mud Lake; thence Westerly along shore of said Mud Lake to West line of said Lot 1; thence North on said West line to place of beginning. %- ,Together �,,�ith right-of-way for road over North 2 rods of East 4.0 rods of ,pest 80 rods of said Lot 1. (Blanche E. Code did not sign). (Shown for right-of-way. Other instranents describing this right-of-way not shown). Joseph W. Code Quit Claim Deed Jennie A. Code, wife Dated Dec. 30, 1908 Frank R. Code Filed Dec. 31, 1908 Jennie S. Code, wife Book 621 cif Deeds, page 200 28. to Consideration $1.00 etc. William E. Code Fractional Lot 1, Section 32, Doc. No. 512977 Township 117, Range 21, formed by a line commencing at a point on North boundary lane of said Lot 1, 40 rods East of Northwest corner of said Lot line and runnir. Sough at Z h n > s.w to said North boundary line to P3orth share line of Tlud L e'; `hence ;�terly along shore line of said Mud Lake to a point where line projected South from. a, point in ':North boundary line of said Lot 1, 80 rods East of Northwest corner said Lot 1 and at right angles with said North lino wo -, ld intersect the shore lip?.e of said Mud Lake; thence North on said projected line to a point on said North boundary line of said Lot 1, 80 rods rust of Northwest corner of said Lot 1; thence West on said North boundary ling; 40 rocs to point of beginning. Saving and re c rving to said J. W. Cone a right-of-way for a road over North 2 rods of above described tract. W. E. Code, Warranty Deed Blanche C. Code, wife Dated July l6, 1938 29. to Filed Aug. 12, 1938 the Village of Edina of Book 1475 of Deeds, page 172 the County of Hennepin Consideration $1.00 etc. and State of Minnesota All that portion of Government Doc. No. 3.943.786 Lot '1, Section 32,, Tovmmship 117, Range 21, described as follows: the Southwest 1/'4 of Section Beginning at a point 40 rods East of the Northwest corner of said Government Lot 1; thence South 2 rods; thence East 40 rods on a line parallel to the North line of said Lot; thence North 2 rods to the North line of said Government Lot 1; thence West along the North line of said Lot a distance of 40 rods to the point of beginning. South and r i � � �a a_�..e to ,the � one of said The above described parcel of land should be used for road and highway purposes only and in the event such road or highway shall at any time be vacated the title to the above described parcel of land shall revert to the grantors herein, their heirs or assigns. Subject to incumbranees, if any, hereinbefore mentioned. William E. Code Warranty Deed 30. to Dated Mar. 22, 1941 Donald E. Parry Filed Dec. 26, 1941 Eleanor R. Parry, vil.fe, Book 1578 of Deeds, page 606 as joint tenants Consideration $1.00 etc. Doc. No. 2125644 "The Meadow" All that part of Government Lot 1, lying in the Southwest 1%4 of the Southwest 1/'4 of Section , �2, Township 117, Range 21, East of the follo,r- ing described line beginning on the North line of said Government., Lot 1, 827.5 feet East of the Northwest corner thereof; thence South 260 feet; thence West and parallel to the said North line of Government Lot 1, a. distance of 167.5 feet to a point 40 rods East of the West line of sail Govertu-rent Lot 1• thence South and r i � � �a a_�..e to ,the � one of said Goverrx�ient Lot 1.9to Mud ....A Lake sect to an easer�:�nt ? j _.n the North lane Y.., Gb�trntnemt Lot 1 granted the Village or ". Edina. (Other property not in question not shown). Donald E. Parry Warranty Deed :Eleanor R. Parry, wife Dated. Mar. 28, 1941 31. to Filed Dec. 26, 1941 William E. Code Book 1578 of Deeds, page 607 Blanche C. Code, wife, Consideration $1.00 etc. as joint tenants Same description as in Document . Doc. No. 2125645 No. 2125644. (Other property not in question not shown). In the Matter of the 32. Death of Viilliam Edward Code Doc. No. 2)07611 Exhibit A Minnesota State Department of Health Certified Copy Death Certificate Dated Mar. 20, 1944, Filed Sept. 15, 1945 Book 14.61 of misc., page 295 Shows that he died March 18, 1944. 0 Blanche C. Code 33. to Whom it Concerns Doc. No. 2307611 i Affidavit Dated Aug. 29, 1945 Filed Sept. 15, 1945 Book 461 of mise,o page 295 Estate of William E. Code - __Blanche C. Code 0f l innea 0 Minnesota, being duly sworn,, on oath says that she is the suryiyini_; joint tenant of the decedent nan;7 herYein. That William E. Code died on the 18th day of March0 191 1 _, at the age of �� years at Villas of Edina State of Minnesota with residence at L�4-4 East_ Valley County of Henn_�in State of Minnesota v That a duly ce rrt if ied copy of the record of his death as contained herein or attached hereto is made a pert hereof, That said decedent at and prior to death saa.s the owner of an interest as pint tenant _Aa_� in the hereinafter described property in which thed following name -,d personal Relationship Ka Ric Age to Do redeAt Rea idence Blanche C. Code Full Wife 4644 East Valley road Minneapolis, Minnesota That the respective interes tz of decedent and survivor— as -.oint tenants were created by an instrument of conveyance. daiedSarch 2$,F �19L�1 and filed for record Dec. 26 , 1911 f and recorded in the office of the Register of Deeds of HenneD1.n _ County,; Minne ota, in Book 1� of Deeds , page 60 _ ir. the %c d �ingdcribed�pr property, to =gait ;Same description as inocumcnt No. 21.25644 (:and other property not in question not shown). That no part of the above property waaa the homestead of decedent unless no specified in the description. That affiant has disclosed to the Commissione:z of Taxation all transfers of property from the decedent to any :eneficiarry of which affiant has knowledge or information, which transfers may be subject to Miiinersota inheritance tax. That affiant makes this affidavit and files said certified copy of record of death as evidence of the death of said yot�p and the termination of said joint tenancy and all such estate, title interest and lien as was or is limited upon the life of said decedent. Commissioner of Taxation Certificate of No Inheritance Tax State of Minnesota by Dated Sept. 13, 1.945 Inheritance and Gift Tax Filed Sept. 15, 1945 Division (Seal) Book 461 of Misc., page 295 34. to Upon the facts stated in the within Whom It Concerns affidavit and upon facts disclosed Doc. No. 2307611 in the files and records of the Department of Taxation, I find that otinheri,a. fax Ta„ h.t under the laws of the State of Minnesota upon the transfers herein described. Any Lien for inheritance taxes that the State of Minnesota may have had upon the property herein described is hereby waived. The Council of the Certified Copy of Amendment of Village of Edina the Ordinance of the Village of 35. To Edina, Hennepin Bounty, Minnesota Whom It Concerns Dated April $, 1952 Doc. No. 2745385 Filed. April 8, 1952, 3:45 p.m. Book 641. of Misc., page 45 The Council of the Village of Edina, Hennepin County, Minnesota, do ordain as follows: .Section 1. Section III, paragraph (c) of the zoning ordinance of the Village of Edina, Hennepin County, Minnesota, passed by the council-6f said Village on the 25th day of May, 1931, and thereafter amended, is hereby further amended 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 water and sewer connections or in which public water or sewer connections are contemplated unless such plat or subdivision meets all of the following minimum requirements: 1. Each lot shall have a frontage on a public street of not less than 75 feet. 2. The 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 3,250 square feet. No land shall be platted or subdivided which, at the time of application for approval of the plat, is not provided with public water and sewer connections and in which public water or sewer connections are not contemplated unless such plat or subdivision meets all of the following minimum requirements: 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 shell 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. In the Matter of-the Probate Court, Hennepin County, 36. Estate of Minnesota Case No. 62334 William E. Code, deceased Certified Copy Decree of Doc. No. 2328100 Distribution Dated Oct. 15, 1945 Filed Dec. 4, 1945 Book 1683 of Deeds, page 72 That the said estate has been in all respects filly administered and the expenses of the administration thereof and of the last sickness and burial of said decedent have been fully paid. Deceased died testate Mar. 18, 1944. Personal Property: None. Real Estate: Lot 9, Block. 2, "Codes Highview Park', Homestead. Assigned: To Blanche C. Code, the whole thereof in 'fee. (Shown for Reference) In the Matter of the Probate Court, Hennepin County, 37. Estate of Minnesota Case No. 62334 Wil.liaz?? E. Code, Decedent Certified Copy of Decree of Doc. No. 2831003 Omitted Property Dated Aug. 26, 1953 Filed Sept. 12 1953 Book 1971 of Deeds, page 49 That said estate Yras heretofore probated in this Court and a final Decree of Distribution issued therein on Oct. 15, 1945, and that in said decree the property hereinafter described was omitted. That the time for appeal frolm said decree has expired. Debts paid. That the decedent at the time of his death was the owner and seized of certain property correctly described as follows, to --wit: All that part of Gov't Lot 1 lying in the Southwest 1%4 of the Southwest 1/4 of Section 32, Township 117, .Range 21., e� o.f the following described line: Beginning on the North line of said Ga I t Lot 1, $2'1.5 feet East of the Northwest corner thereof; thence South 260.0 feet; thence West and parallel to the said North line of Gov't Lot 1 a distance of 167.5 feet to a point 40 rods East of the West line of said Gov't Lot 1; thence South and parallel to the vilest line of said Govt Lot 1 to Mud lake; subject to an easement 33 feet in width alon• the North line Of said Gov't Lot granted to the Village of Edina. Other property not in question not shown). That the folloidT named person is the devisee under the Will of said decedent and is the person entitled to his estate and the property herein described, to --wit: filar _he C.,.._...Cad.e..... Real. Estate Assigned: To said Blanche C. Code, the whole thereof. Blanche, C. Code, a Warranty freed w-id.oa and unmarried Dated Dec. 99 1953 38. to Filed Dec. 11, 1953 Mary Nelson Book 1984 of Deeds, page 66 Doc. No. 2850492 Consideration $1.00 etc. All that part of United States Government Lot 1, lying in Soutlraest Quarter of the Southwest 1/4 of Section 32, Township 117, Range 21, fast of the following described line beginning on the North line of said Government Lot J., 827.5 feet East of the Northwest corner thereof; thence S,ou.�Jhv 260 feet ,thence West and parallel to the said North line o11'_' Csc>verrvaent Lot - i, a distance of 167.5 feet to a point: 40 rods Fast of the West line of said Government Lot 1; thence South and parall lane of said Government Lot 1 to I ud Lake; subject _�O n ea se;nent 33 Feet in wi..dth along the North line of said Gove: orient Lot 1, granted the 14 illage of Edina. Revenue Stamps '�1_.1t? E 0 In the Matter of the Probate Court, Hennepin County, 39. Estate of Minnesota Case No. 67308 Frank J. Roberts, deceased Certified Copy Decree of Doc. No. 2929866 Distribution Dated Jan. 10, 1955 Filed Mar. 8, 1955 Book 2035 of Deeds, page 504 Debts paid. Deceased died intestate Nov. 10, 1946. Personal Property: None. Left Surviving: Mary L. Roberts, novr Mary L. Roberts Spencer, and Florence M. McVicker, daughters of deceased. Real Estate: That part of Lot 1 in Section 32, Township 117, Range 21, which lies in the Southeast 1/'� the XSouthti�rest �./4 of said Section 32, Except the North lb-acres and the 40� South 11 rods thereof. (other property not in question not shown). Real Estate Assigned: To each of said daughters, an undivided one-half interest in the above described real. estate, in fee. (Shouii for reference) Arvid J. Peterson and Easement Edna Peterson, Dated July 23, 1960 husband and wife; Filet. Dec. 20, 1950 Mary L. Roberta Spencer .Hook 2283 of Deeds, page 560 and Charles Spencer, Consideration $1.00 husband and wife; Do grant, bargain, sell, convey, Florence M. McVicker and and warrant an Easement in - Robert L. McVicker, Perpetuity for public road purposes, husband and wife in, under, and over the following 1.0, to described property situate in Village of Edina, a the County of Hennepin and State Minnesota Municipal of Minnesota, to- wit: The East 301 Corporation of the North 759 feet of the South Doc. No. 3268421 990 feet of the West 80 reds of Government Lot 1, Section 32, Town- ship 117, Range 21. State Deed Tax Stamps $1.10 Paid. In the Matter of the District Court 1�1.. Application of State of Minnesota Mary L. Roberts Spencer Fourth Judicial District and Florence M. McVicker, Case No. 14894 to Register the Title Certified Copy Application to Certain Land Dated Dec. 6, Dec. 1.2, 1960 Doc. No. 327861_6 Filed Mar. 3, 1961 Book 57 of Appls., page 212 That part of Government Lot 1, Section 32, Township 117, Range 21, described as follows, to -wit: Beginning on the East line of said Lot distant 231 feet North of the Southeast corner of said Lot; them West oarallel with the South line of said Lot 1375.49 feet, to a point wi Lain the right-of-way of Olinger Road; thence North 762.9 feet to a point within say rzg o - trtaYs distant 330 feet South of the North line of said Lot One; thence East parallel with the North line of said Lot 1376.73 feet to the East line of said Lot; thence South along the East line of said Lot 764.98 feet to beginning. The names and residences of all persons or parties, except the applicants, who appear of record, or who are known to the applicants to have or claim any right, title, estate, lien or interest in the above described land: Arvid J. Peterson 2510 North Spurgeon, Santa Ana, California �Yurchaser on Contract for need. <Roycar, Inc. 3801 W. 50th Street, Minneapolis, Minnesota Purchaser on Contract for Deed. eA pplicants do desire to register the boundary lines of said premises. ,The names and addresses of the o*Tiers of adjoining lands affected by an establishment of boundary lines are: Applicants will furnish a Memorandum of t Owners and Encumbrances of adjoining land. (Shown for Overlap). r. The Village Council of the Village of Edina 42. to Whom It Concerns Doc. No. 3340756 9 Certified Copy of.Resolution Adopted Jan. 27, 1958 Filed April 6, 1962 Book of Misc., page 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 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 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) ' N 1 • (Entry No. 42 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 - meets, 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. 43. The of ii L Village Council Certified Copy Ordinance No. 26'N. the Village of Edina Adopted June $ 1959 To Whom It Concerns Doc. No. 3340754 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 O'thnr 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,�plats presented for approval. of the Village Council shall be filed with 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 fee shale 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. 263.) 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 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 the 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 community 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 the grades of lots and existing or future extensions of the Villagers 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 recommendatiop 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, irz•- stalling street signs, and constructing any storm sewers I which may be necessary, and ( ) the estimated cost (including engineering and inspection ex•. penses5, of constructing sanitary sewers and water mains adequate to serve all lots in the plat, provided the connection of such seviers aria: waterlains to the Village sewer and water systems is feasible. However, the owner of the land included in the plat, or his agont, in lieu of having the foregoing costs estimated by the Village) ut:.y employ at his expense, a registered professional engineer to prepa.Le preliminary plans and estimates of coed: of the necessary improvements and submit a written, itemized report thereof to the Vilk.age bSanaC.3 Advance notice of the employment of such engineer shall be given to the Village Manager upon filing of the plat: (continued) - (No. 43 continued) Section 4. Action by Council. Upon co.~pyztion of the report specified in Section 3 above, the plat and - .%port shall be transmitted to the Council for approval. The Counci? May (a) grant preliminary approval of plats mentioned in Section 2, or (b) grant final approval of other plats, or (G) refer the plat for further report to the appropriate Village officers or departments, or • (d) reject the plat. Section 5. Plats Given Preliminary Approval. When 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 31-01" 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 Villagers 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 reiraia unpaid upon the: transfer of title to such lot, they :hall be paid or prepaid in full-to the Village Treasurer and tho County Treasurer of Hennepin County. The bond herein required shall be given by the developer with a corporation approved by the Council as surety thereon, in the fizll amount of all costs of making the improvement's 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 h.as 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 oi•m expense. The Village s?iall 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 fo.� ae and 'effect upon its passage and publication as provided by law. Mary Nelson Affidavit 44• to Dated May 151 1964 Vj'hom It Concerns Filed May 22 Doc. *No. 3176466 Book 977 of Misc. , page 86 Mary Nelson, residing at 6112 First Avenue South, Minneapolis, Minnesota, being first duly sworn, on oath says: That she is the person named as Grantee, in that certain instrument dated Dec. 9, 1953, and fled for record Dec. 11, 1953, as Doc. No. 2850492, in the office of the Register of Deeds of Hennepin County, Minnesota. That said person is of legal age and is by occupation Housewife, and that for, the last past ten years has resided at 6112 First Avenue South a Minneapolis, Minnesota. That the said person is not now and has not been in the arraed forces of the United States except as herein stated; That there have been no proceedings in Probate Court, no bankruptcy or divorce proceedings, and that there are no unsatisfied judgments of record nor any actions pending in any Courts, State or Federal., nor any tax liens filed against the above named person, except as herein stated; That any judgments, bankruptcies, probate proceedings, State or Federal tax liens, of record against parties with same or similar names are riot against the above named person; That affiant is not the same person as Teary J. Nelson and as Nary Nelson, named in those certain Notice of Tax Liens of the U. S. Internal Revenue Collector, bearing Document Nos. 3202552, 3235711p and 3354303; that affiant has never resided at the following addresses: 1103 8th Street P1. W. , Faribault, Minnesota; 6807 Cedar Lake Road, St. Louis Park, Minn. That there has been no labor or materials furnished to the premises described in the abol-e mentioned document during the last 90 days for which payment has not been made; That there are no unrecorded contracts, leases, easements, or other agree-- ments or interests, relating to said premises, of which your affiant has knorvrledge except as stated herein; 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 J. premises referred to in said document, free and clear of all judgments, State or Federal tax liens, and questions of service in the armed forces of the United States, divorce, competency, bankruptcy and unrecorded interests. Mary Nelson and Carl A. Warranty Deed ralson, her husband Dated May 15 1964 45. to Filed May 220 1 1964 Larry 1,rlosow and Marcella Book 241,.2 of Deeds, page 1,55 Mosow, husband and w-ife, Consideration $1.00 etc. joint c. No. '1476465 that part Government Lot 1., / f the Southwest 1. 4 of gbction; 32, T'own'ship 137, Range 21, East of the followix1g descri.t7ed line: Beginning on Vie North line of said Government Lot 1, 27.5 feet East of the Northwest corner thereof; thence South 260 feet; thence West and parallel to the said North line of Goverr Ant Lot- 1. a distance of 167.5 feet to a point 40 rods East of the West ?'ne of ,sir Governniei)t Lot 1; thence South and parallel to the West- line u said Govej.,r i,,ent Lot 1 to Mud Lake, subject to existing roads oiler, the Noz.- 2 rods and over the East 2-rods of said. premises..., .., . .., r sn; sabjbct to restrict:i6ns, reservations .-n easements of record, it any. S'.ta to Dead !'ax Stamps $2.75 Lt i Vi. I 1 age o of P Edina l Certi tied Copy Ordinance No. 263;", Village Edina Dated Jan. 10, 1966 �6• to Filed Jan. 19, 1966 1.hom it Concerns Book of Misc., page Doc. No. 3588147 An Ordinance Constituting the Council as the Platting �uthorrity of -the Village, Prescribing the Procedure for the Approval of Plats of' Subdivisions, Regulating Plats and Subdivisions, and Pr-oviding for Relief in Cases of 1{,;rdshi,p. Igo Vi 1Iagc Co�ar�cl 1 <.�F L-rj e. Vil Iage of Edina, Minnesota, Ordains: Section 1. Pl a1,t11r1.£i . AL,-,',har It tc� ;ip�sros-_e Plats. The Vii !age Council sha l 1 s yrve as the Plat rang Authoritti- of the Village in accordance with Minn-ztacvt a lawts of 1965, Ch apt* er 6710, Section 8 Ninn. St., Sec. 462.353). No plat, replat or subdivision of land in the Vi l { agcy stha ! { be filed or accepted fcr filing by the Hennepin County Register of Deeds unless it is accompanied by a certified copy of a r P,so l ution adopted by the favorable vote of a majority of the members of the Vi. l 1 age 'Counci I approving such plat, rep l at or subdivision. Section 2. r i l l nq _' o mat - Fu_c , A l l p I at s presented for the approve I of the Village Council shall be fl—led with the Planning Department and shall by z c:compani.ed ,by paymaek►t :of a plat Filing fee which ,ha l I be charged by the Vi { ! ace for•' services to be rendered by employees of the Vi l l Mgr; in processing the pr'opo 3ed plat. The amount OF such fee shall be $25, plus µ1 for each lot in the plat, but not to exceed a maximum fie of $100. Rejection of the plat by the Council shall not entitle the person who paid the fee to the r-eturn of a 1 1 or any part thereof, Sect -1 on 3. PI at ,_tc Comal y with Law and Zoninq Ordinance (a) Every plat, vep 1 at or subdivs-sion of {and sha l 1 comply with a l l aW icable Provisions of state law and the Zoning Ordinance (No 261 ) of the Village. (b) Every plat Of previously unsubdivided land.. or rep I at 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 grad: of the Front and rear lines of each lot. Sec-',-.ion 4. Dedication o_ f Land For Parks. In every plat of pr�;� vious l y unsubdi.vided land to be deve 1 oped for residential use, a reasonable Portion of such land shall be vet aside and dedicated to the public for Public use as parks and Playgrounds, but in lieu thereof the subdivider May at hi z; opti.oj coratr6ibute to the V` I I age an amount of cash equal to tree va.l;,a of the lane; otharwice required to be dedicated for parks and p l aygrtio''rtds. Piny money so paid to the Village shall be placed in a sPec.1 f 1'crnd and used cn l y for the acquisition of land for parks and p I ayground`- Section 5. ReP-2rt_ 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 accue ac°y of all measurements and grades shown thereon, and (Continued) (Entry No. 46 continued) n L (b) the suitability cai- the plat from "the standpoint of community p l .ruing. 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 struts 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 exj.stLng or Future extensions 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 est?nioted cast (including engineering and inspection expenses) of grading, grc_veli =ng and permanently surfacing streets, installing street signs, and constructing any storm sewers which may he necessary, -And (g) the estimates cost (�ncEuci_nr engineering and inspection expenses) of co'nstructi.ng sanitary sewers and. water mains adequate; to serve a I I I ots in the plat, provided that connection of such sewers acid water mains to t1,e V1. ! I sage sewer and t,,Aer systems is fees; b I e. However, the owner of the Iand inrlude.d in the plat, or his agent, in l !. ^u of h ,, .rir� the fc�rcq��i no costs est. -mated by the Vi l l age, may employ at- his expense, a req.Lsterec; profes.sicna I en,jineer to prepare pre 1 imi.nary plans and ests.mr tQs o cost ,�f' the n<; cc.ssary improvements and submit a written, itemized retort thereor to the Planning Department. Advance: notice of the employment of such enq' neer sha M l be given to the Planning Department upon -Fi I inch o the plat. Section 6. Pu! ?I',c Hearin�c. At its next regular meeting after receipt of the report and recommendation of the Planning Commission on any plat, reel ---,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. A iter° hearing the oral or written views of a l l interested persons, the Council as the Platting Authority shall make its decision at the same meeting or at a specified f=uture meeting thereof. it may by resolution (z) grant preliminary approval of Plats mentioned in Section 3 (b); with or without modification, (b) grant Final approval OF other plats, with or without mo.di.fication, (c) refer the niat to the �nrronri.ate Village officers or departments for further i.nvest.gati-on and report to the Council at a specified future meeting thereof, cr (G) reject the plat. Section 7. Pl �.ts Given lire l imi nary Approval. When preliminary Z- —Oval has been giver', to a plat, the person who filed such plat shall cause: all street, water and server improvenoents required by the resolution granting such approval to be cormsleted, A his own expense and under (continued) 0 (Entry No. 46 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 V.IIache 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 end such borrowing wiii jeopardize the Village's credit rating. Such agreement shall also pi -evide 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 Olounci as ,,vrety thereon, in the full amount of all costs of making the improvements specified in the subdivision financing agreement not paid i.r? 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 pay-merit of at! such costs within the period specified in such agreement. Section 8. Finall Approval of Plato 1:1hen a plat has been given preliminary approval by the CouncCouncil 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. A certified copy of every resolutions adopted under this ordinance granting final approval of any plat shall be filed with the register of Deeds of Hennepin County. 1'Ihenever 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. S-1ree_t iiain4enance . 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 kee=p such street, if used for public travel, in a safe condit=ion 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) • (Entry No. 46 continued) 0 of this ordinance referring to tvllnnesota 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. (Szgned� Arthur C. Bredesen, Jr., Mayor Attest: (Signed) Florence; B. Hallberg, Village Clerk. Published in the Edina- Marningside Courier December 23, 1965. Village Council Village of Edina 47, to Whom it Concerns Doc. No. 3688232 r Certified Copy Ordinance No.263A_l Dated Filed November 27, 1967 Book of Misc., page 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 I. Sections �, 6, 7, 8, 9, 10, II and 12 or Ordinance No, 263A (Platting Ordinance of the Village are hereby renumbered Sections 6, 7, 8, 9, 10, II, 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 61 1967 Published in the Edina Courier November 9, 1967 (signed) Arthur C. Bredesen, Jr., Mayor Attest: (signed) Florence B. Hallberg, Village Clerk i 0 Midwestern Finance Inc. Plat of Edina Grove (Minnesota Corporation" Hennepin County, iViinnesota (Corporate Seal) Dated Oct. 30, 1964 Owner and Proprietor Filed in the Office of Registrar 48, to of Titles, Nov. 19, 1964 as The Public Doc. No. 790103 Know all men by these presents: That Midwestern Finance Inc. a Minnesota corporation, owner and proprietor of the following described property situated in the County of Hennepin State of Minnesota: That part of Government Lot 1, Section 32, Township 117, Range 21, described as beginning at a point on the East line of said Government Lot I distant 330 feet South from the Northeast corner thereof; thence South along said East line 764.98 feet, more or less, to a point thereon 231 feet North .- ......_. from the Southeast corner thereof; thence West parallel to the South line of said Government Lot I a distance of 1375.49 feet, more or less, to an intersection with a line extending from a point on the South line of said Government Lot I distan-':,.1374.6 feet West from the Southeast corner thereof to a point on the North line of said Government Lot I distant 1378.01 feet 'Jest from the Northeast corner thereof; thence North along said last described line 762.9 feet„ more or less, to an intersection with a line drawn West and parallel to the forth line of said Government Lot I from the point of beginning; thence East along said last mentioned parallel line 1376.73 feet, more or less, to the point of beginning. The boundaries of which tract are marked by Judicial Landmarks placed on the North line thereof at points 30 feet West of the Northeast corner of said Tract, and 130 feet East of the Northwest corner of said tract and on the South line thereof at points 30 feet West of the Southeast corner of said tract �:nd 33 feet East of the Southwest corner of said tract pursuant to Torreris Case No. 14894. (Shown for reference) 49. Taxes for 1968 and prior years paid. Taxes for 1969, amount $1,183.14, first 1/2 paid, second 1/2 not paid. ,assessed in the nar:.e of Mosow as plat 73732, parcel 6800. (Edina x`24) 50. Certifications by Title Insurance Company of Minnesota cover records in Register of Deeds' Office of Federal Internal Revenue Lier: Nlotices and flinnesota Income and Inheritance Tax Lien Notices. 51. For Judgment and Bankruptcy Search see Certificate attached. J No. 9 � Q72 Verified by i L 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 1Telsor Tirs . CRrl A. Nelson. Tsar. r-; ! Jo s ow Tiir s . Larry T! ^sow Marcella lvosoral Sept. 7, 195 Sent. 71 1959 Sent. 7, 1959 Se- rt. 7, 1959 Seat. 7, 1959 DATES T,?a -r 23, 19 6 4 Tvlay 23, D_964 Sent. 81 1969, 7Ar_,T. Sept. 8, 1969, 7AITT Sept. 8, 1969, 7AILT Dated at Minneapolis, this 8th day of September l9 69 TITLE I�NSU7RAN7CE COMPANY OF MINNESOTA Form No 8 By- �L- Asst. Secretary