HomeMy WebLinkAbout1766REGISTERED LAND SURVEY NO.
HENNEPIN COUNTY, MINNESOTA
CARDARELLE Ek AS- SOCIATES ING
ENGINEERS & LAND SURVEYORS
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North line of Lot 5, Prospect Hills
East '1
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283.08' (m
South line of Lot 5, Prospecf Hills I
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I hereby certify that in accordance with the provisions of Chapter 508, Minnesota Statutes of 1949 as amended, I have surveyed
the following described tract of land in the County of Hennepin, State of Minnesota, to wit:
Lot 5, Prospect Hills
That the survey shown herein is a correct delineation of said survey as surveyed by me this 28th day of October 1960.
Dated this Ist day of November 1960.
Signed _
Minnesota Registration No. 566
■
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Form No. % -1V1. Miller -DaTis Co.. Mlnnonvolis. 1Rinn.
bllnnesota Uniform Conaayanclnff Blanks (1931).
16th October 59
�i�hi� ribenture, .Made this .......................... ............................day of.............................. ........................:....., 19............,
between
THE VILLAGE OF EDINA
MINNESOTA.... ....................... party of the first part, and
a corporation under the taws of the State of ................... ........ ...........
RUSSELL R. WILSON AND KATHARINE E. WILSON, HUSBAND AND WIFE
HENNEPIN a State o MINNESOTA.
of the Count of f ............................................ ...... ..........................................
,
party QA.........of the second part,
witnem ;e; Th t the Said party of the first part, in consideration of the sum of
SEVENTY -FIVE �lvu NO/ �00------------------------------- .- ,-- . ... ...-
......................... ............................... .................
to it in hand paid by the said part..1e,5 ....... of the second part, the receipt whereof is hereby acknowledged,
does herebry Grant, Bargain, Sell, and Convey unto the said par&e.9..........of the second part,.. their...........
heirs =Ins, Forever, all the tract ............ or parcel ............ of land lying and being in the County of
................. ............................... ............................and State of .Minnesota, described as follows, to -wit:
"Commencing at the Southeast Corner of Lot Five (5), Prospect Hills
Addition; thence West along the South line of said Lot Five (5) a
distance of Two Hundred and Fifty -one and Five Tenths (251.5) feet;
thence Northerly, perpendicular to said South line a distance of
Twenty (20) feet; thence East parallel to and Twenty (20) feet
North of said South line a distance of Two Hundred and Fifty -two
(252) feet, more or less, to the East line of said Lot Five (5);
thence Southerly along said East line to the point of beginning"
To J.gabe anb to 3001b the dame, Together with all the hereditaments and appurtenances thereunto
belonging, or in anywise appertaining, to the said par&ercr. ..........of the second part ....... their ...............heirs and
assigns, Forever. And the said ............................... ....... ..............u.IIUM ... OF..ED2NA ............................................. ...............................
........................................................................................................................................................................................................ ...............................
party of the first part, for itself and its successors, does covenant with the said pa.rt..l..es ....... of the second
part,_..thex..........heirs and assigns, that it is well seized in fee of the lands and premises aforesaid, and
has good right to sell and convey the same in manner and form aforesaid, and that the same are free
fromall incumbrances .................................................................................................................................................................... ...............................
The Grantor certifies that the State Deed Transfer Tax due on this Conveyance is
One and 10100 Dollars ($1.10).
.find the above bargained and granted lands and premises, in the quiet and peaceable possession of the
said part .'PA.........of the second part,..he3..r........heirs and assigns, against all persons lawfully claiming or
to claim the whole or any part thereof, subject to incumbrances, if any, hereinbefore mentioned. the said
party of the first part will Warrant and Defend.
In Presence of -
a fax, �... ...... ........................
In TvAimoup W. tiered, The said first party has caused these
presents to be executed in its corporate name by its...... Mayor
IWRiPR and its ........ Clerk ..........................and its corporate seal to
be hereunto a fixed the day and year first above written.
VILLAGE OF EDINA
y.. ......./ .......,
MAYOR x pp�{
Its ......................... 75aid�
...........
Its _ ......0 ERK
Otate of Bimodal,
HENNE PIN ss.
Countyof. ............................................ ............::................_
On this ............16th.......... .......day of ........................... 0C.t4' SP, r.............................................. 19...5.9...., before me, a
..................
- ......................:.....I1 OT& RY.. P. UBLIC. ...................................................... within and for said County personally appeared
....
ARTHUR....... BRIDESEN, r....' JR. ................... ............................... and............ GRETCHEN ... S...... LDEN...
.......................... ...............................
to me personally known, who, being each by me duly sworn.... they .............did say that they are respectively
the....... XYOR .............President and the................ VIIU. GE.................. ............. ................ of the corporation named in the
fore -doing instrument, and that the seal affixed to said instrument is the corporate seal of said corporation,
and that said instrument was signed and sealed in behalf of said corporation by authority of UMAU
VILLAGE COUNCIL .......................and said..... A?THUR...C... B1�IDESENa... ?...... ...............................
..................... ............................... ..................... and
GRETCHEN S. ALDEN
.......................................................................... ...................aeknowleditd said instrument to be the free act and deed of said
corporation.
i............................ .: L. E... .. CJ!- ti. .............................. ...............................
Notary Public .............. HENNEPIN ..................................... County, Minn.
.pry commmission expires ............ `. 7ULY... �� ..... ..............................1 ....
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DoRSEY, OWEN, BARBER, MARQUART & WINDHORST
JAMES E.00RSEY (1689-1959/
DAVID E.BRONSON
MAYNARD B.HASSELOUIST
KENNETH M.OWEN
PETER DORSEY
HUGH H.BARBER
GEORGE R FLANNERY
DONALD WEST
CURTIS L.ROY
WALDO F MAROUART
ARTHUR E.WEISBERG
JOHN W.W)NDHORST
DUANE E.JOSEPH
HENRY HALLADAY
JOHN W_JONES
JULE M.HANNAFORD
JAMES B.VESSEY
ARTHUR B.WHITNEY
CHARLES O. HOWARD
JOHN G.DORSEY
WILLIAM A.WHITLOCK
RUSSELL W.LINDOUIST
THOMAS M. BROWN
DAVID R.BRINK
CORNELIUS D. MAHONEY
HO RACE E.HITCH
THOMAS $- ERICKSON
VIRGIL H.HILL
EDWARD J.SCHWARTZBAUER
ROBERT V.TARBO%
MICHAEL E. BRESS
DEFOREST SPENCER
PAUL G.ZERBY
ROBERT J.JOHNSON
LAW OFFICES
FIRST NATIONAL BANK BUILDING
MINNEAPOLIS 2, MINNESOTA
FEDERAL 2 -3351
December 5, 1960
Mr. George Hite
Village of Edina
4801 West 50th Street
Minneapolis 24, Minnesota
RE: Prospect Hills, Water Reservoir Transfers
Dear Mr. Hite:
We enclose herewith the original and one copy of each
of two deeds conveying certain parcels of the new registered land
survey to Russell R. Wilson and wife, and Louis Gross and wife.
We also enclose herewith a copy of a proposed deed between Russell
R. Wilson and wife, and Louis Gross and wife, conveying a part of
Lot 6 to Mr. Gross. I have sent the original of the latter deed
plus copies of the first two deeds to Mr. Bert M. Gross, who is
acting as attorney for Mr. Louis Gross, and have asked Mr. Bert
Gross to review the same and call this office if he has any
questions or comments. I will call Mr. Gross during the middle
of the week, to see if he is satisfied with the form of the deeds,
and then call you so that they may be executed and delivered back
to this office.
Provided the duplicate certificates of title are in the
Torrens Office, or we are furnished with the same, we will record
the deeds for Mr. Wilson and'Mr. Gross. However, there will be
a $5.00 recording fee for each deed. Please inform us whether
you want the village to pay this amount or whether you feel this
amount should be paid by the grantees in each case.
If you have any questions concerning any of the above,
please do not hesitate to call this office.
Very truly yours,
DORSEY, OWEN_, BARBER, MARQUART & WINDHORST
By
JJT /sl
Enclosures
OF COUNSEL
LEAVITT R.BARKER
LELAND W.SCOTT
November 6, 1959
ri
�ussell i'l. "I'lilson
7008 Dublin Road
E-dina 24,, Minnesota
Dear 11,1r. I'Vil son :
' 1,1e have now had the 'deed prepared I for the conveyance of a part of
Lot 5, Prospect Hills by the Village to you and Mrs. v111son.
1,9e are viriting you in order that wr- ra.ay have this transaction
completed before the first of the year (we know we have been slow
in this matter), and will have the deed availablo for you here at
the office if you would like to stop In--or, if you would prefer
to have L1r. Hyde dAliver it to your home, just call us.
Yours very truly,
Village clerk
95a
6,/2 /60
Mr. Gross ► The following is the legal deucriptim of the tract proposed
to be deeded by the Village to your fatbers
"Coomming at the soat'barest Corner of Lot five (S). Trospect gills
Addition; tbeace Tasterly along the Smth line of said Lot TWO (S) a
distance of TRIM OU AND TxTT![•fiC W MMDUDMS (31.38) Pest; tbence
Wortberly at right angles to said South line a distance of TWZNTY (20)
feet; thence Noartbensterly to at point on the west line of Lot Five (S)
Ttospect Dills Iidditienn, said point being SXVXM -2 0 (72) feet
Northwesterly of the Scutbenest Corner tbareof; thence Soutbeasterly
to the point of beginning ".
We bops this will be satisfactory for recording; if not* your suggested
correction will be appreciated.
r`
Village Clerk
te101rw WAlnut 7 -8861
i R.,..
VILLAGE OF EDINA
4801 West 50th Street
Edina 24, Minnesota
November 170 1960
Mr. Tom Orickson
Attorney-at-Law
Dorsey, Owen, Barber, elarquart and 'Windhorst
First National Bank Building
t nneapolis'2, Minnesota
RA s Prospect Hill Water Reservoir
Dear Mr. Bricksvns
In oonjanction with the sequisition of,property for the construction of
an underground weer reservoir on Lot 5�-Pxospect Hills the Village of
Bdina entered irate certain ag eementa vu th adjacent ,owners regarding the
transfer of ownership of parts of Lots a. and C Duane Joseph and/6r
Jahn► Taylor have the details on these 'agreamenige
As this is registered land, it was necessary for'us to prepares rsgjs-
tered land survey to affect this transfer,, That eurvey has been prepar-
ed and 1 aura herein submitting it q' ,yeti 'for your review. If, it A, in
order, ,l will have :Mr. Cardorelley 'the sauz�veyor record it
Parcels B and C of the survey are to'be transtferred. J4nother par66lp new
a gait of Lot 6 cant 1 undersstan'O. be transferred without a register ®d
lend surveyor because of the nature of it+s;descripti.on
if you will prepare' the necessary deeds and fand',them tv me, l will see
that 'they are signed . and �^eturne�l to 'you.
Mr. Hyde is'anxious that we give this.matter prompt attention.,
Very truly yours,,
C?earge C. Hite
Planning Director
GCH /j h
9 .
Ccs WCHyde
176
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A G R E E M E N T
1766
A G R E E M E N T
THIS AGREEMENT, Made this La day of 1959,
by and between the VILLAGE OF EDINA, a municipal corporation, party of the
first part, and RUSSELL R. WILSON and KATHARINE E. WILSON (husband and
wife), of the County of Hennepin, State of Minnesota, parties of the second
part, WITNESSETH THAT:
- WHEREAS, the parties of the second part are the owners of the
property legally described as follows, to -wit.
Lot Six (6), Prospect Hills Addition, according to
the plat thereof on file or of record in the
office of the Register of Deeds in and for Hennepin
County; and
WHEREAS, the parties of the second part have this day executed and
delivered to the Village of Edina a release of a restriction, a copy of which
is hereto attached; and
WHEREAS, the Village of Edina intends to erect a pump house and
underground water reservoir on the following described property, to -wits
Lot Five (5), Prospect Hills Addition, according to
the plat thereof on file or of record in the office
of the'Regisier of Deeds in and for Hennepin County,
said improvements to be erected substantially in accordance with the plans
and specifications for the same prepared by Banister Engineering Co., dated
October 22, 1958, and on file in the office of the village Engineer of the
Village of Edina;
NOW, THEREFORE, the Village of Edina, in consideration of obtaining
from the parties of the second part the release of restriction attached
hereto, does hereby agree with said..parties of the second part as follows:
1. To make every reasonable attempt to save the trees located on said
Lot Five (5) which trees are identified on the plans heretofore previously
mentioned.
2. To grade, sod, and landscape said Lot Five (5) upon the completion
of the construction of the pump house and 'underground water reservoir, and to
maintain the same by periodic watering and cutting of grass during the summer
season.
-1-
8. To obtain the consent of the parties . of the second part before
constructing any enclosing fences around said Lot Five (5).
4„ To construct said pump house and underground water reservoir sub-
stantially in accordance with the Plana and specifications heretofore previously
identified.
5. To sell to parties of the second part the following described portion
Of said Lot Five (b)? to -wits
"Commencing at the. Southeast corner of Lot Five (5),
Prospect Hills Addition; thence west along the South
line of said Lot Five (5) a distance of Two Hundred
and Fifty -one and Fivq Tenths (251.5) fl j, thence
Northerly, perpendicular to said South line a distance
of Twenty (20) feet; thence East parallel to and Twenty
(20) feet North of said 'South line a distance of Two
Hundred and Fifty -two (252) feet, more or less, to the
East line of said Lot Five (5)j thence Southerly along
said East line'to the point of beginning"
it being understood and agreed that the sale price of said property shall be
SEVENTY -FIVE AND NO/160 DOLLARS ($75.00) Cash, and that the Village of Edina
sha11 not be obligated to furnish a registered land survey of said property
if ane is required by the Registrar of Titles office.
b,.. The parties of the second part shall take possession of said
I
Portion of said Lot Five (5) after construction of the reservoir is completed,
but not later than September 1, 1959.
THIS AGREEMENT was approved by the village Council on December 8,
1958, a certified excerpt of the Minutes of said Meeting being attached
hereto.
IN WITNESS WHEREOF, the parties hereto have set their hands this
J f- G
day ofTic,c. , 1959.
In t Presence of:
' l
I
Wilson
RELEASE OF RESTRICTION
In consideration of'One Dollar ($1.00) and other good and
valuable consideration, we, RUSSELL R. WILSON and KATHARINE E. WILSON,
husband and wife, owners of the hereinafter described property situate in
the County of Hennepin, State of Minnesota, to -wit:
Lot Six (6), Prospect Hills Addition according to
the plat thereof on file or of record in the office of
the Register of Deeds in and for Hennepin County
do hereby consent to the removal of the restriction on Lot Five (5), Prospect
Hills Addition which restriction was imposed on said property by a deed dated
June 23, 1942, filed for registration in the office of the Registrar of
Titles on July 23, 1942, and registered as Document No. 180174 which restric-
tion provides as follows:
"The above property shall be conveyed subject to the
following restrictive covenant: No residence of value
less than $7,500 shall be erected on any.lot in this
tract. No person of any race other than Caucasion race
shall use or occupy any lot except that this covenant shall
not prevent occupancy by domestic servants of a different
race domiciled with an owner or tenant."
IN TESTIMONY WHEREOF, We have hereunto set our hands this 2�_'_
day of �-z� �-� , 1959
In the Presence of;
Russe . 'Wilson,
Katharine E . Wilson,
J
STATES OF MINNESOTA )
) SS.
COUNTY OF HENNEPIN )
On this , 1 day of - / �� 1959, before me
personally appeare R. BSI. ON and KAT$ARM E. WILSON , to me
known to be the persons described in and who executed the foregoing instru-
ment, and acknowledged that they executed the same as their free act and
deed.
�i%/.- G��;I�e,_X_G,retchen C.
Notary Public Alden)
(Notarial Seal) My Commission Expires 1112AO
TRANSCRIPT FROM MINUTES of THE !?H€s1a'AR
VILLAGE CQUXIL MEETING OF MONDAY,
DWOMM a, 1958 - .#01!NA VILLAGE HALL
er era answe .ng 11013call were Hanks Dickson, Kohlex„ Tupa and 8?edesen+
"WAT RESERWIR Ct1NTRAGZ AWED. Manager Hyde presented letters spy 8!s�Erit t4
the proposed water reasrt►oir, from Messrs. Louis Gross, 701 Kerry Road, and Nilson
'low Dubiin Road, requiring, as conditions of assent, that certain guarantees bs
made by the Village as to.the location of the =esexvo3r, the: character of the eesrk
to be dOA'0'0 and the maintenance of the property thereafter. Mr, Gross 6190,reh red
that Village watex be furnished to him; and, while the other guarantees imposed
were agreeable to the Council, it WOO suggested that water bg furnished the mss
property only so long as the Cross family is in residence there. Manager Hyde
was instructed to confer with Maynard Hasselquist as to the proper way to asks
these guarantees - whether by contractual agreement or by deed restriction. Mr
Hyde reported that Consulting Engineer Bannister. -has made a firm recommendation
for ward of contract to the lore "Total Job" bidder, Phelps -Drake Company, at
a.routepre. t explained that the dirt will be Hauled to the Hays Farm, over
a route pre - determined, and known to the bidders at the time bids were submitted.
(Gunnar I, Johnson had bid lower than Phelps»Drake on the "Lump
higher on the haulm " price, e),
g }making the "total bid" higher than that of Phelps�Drake).
It was then moved by Hank, seconded by Dickson and carri,ad, that contract be
awarded to Phelps- Drake, end Gross and Wilson conditions accepted."
�e •�t�e`�alr�r�aras�aaa�,� *���e•
STATE OF MINNESOTA )
COUNTY OF fiEOP.PIN } SS
VILLAGE OF EDINA
Is the undersigned, duly appointed and acting ill
g V ' S5e Clerk of the Village of 8dina,
Hennepin County, do hereby cortify that I halre compared the attached and foregoing
excerpt from the Minutes of the Regular Meeting of the Edina Village Council hold
Mondays December 8, 1958, and that the same is a full, true and correct copy of the
Minutes of said Regular Meeting, as far as such minutes relate to AWARD OF CourRACT
FOR RESERVOIR, AND 04IIAITI0" OF RE,a UOIR IMPOS90 BY OMER$ OF NEIGHBORING PROPERTIES.