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EASEMENT
THIS EASEMENT, Made and entered into this day of July, 1975,
by and between HOUSING AND REDEVELOPMENT AUTHORITY OF EDINA, MINNESOTA, a
body politic and corporate under the laws of the State of Minnesota, herein
referred to as "Grantor ", and FLORENCE E. KRUSE and GEORGE C. KRUSE, wife
and husband, and RUSSELL T. LUND,JR. and FIRST NATIONAL BANK OF MINNEAPOLIS, AS
TRUSTEES under an Agreement dated June 12, 1963, with Russell T. Lund for the
benefit of Russell T. Lund III, Kimberly Ann Lund and Shauna. Lynn Lund, herein
collectively referred to as "Grantee ";
WITNESSETH THAT:
WHEREAS, Grantee has this date sold and conveyed to Grantor the
following described premises (hereinafter referred to as the "Subject Premises "),
to -wit:
All that part of the West 100 feet of the East 122 feet
of the South Half of Lot 36, Auditor's Subdivision Number
172, Hennepin County, Minnesota, according to the recorded
plat thereof, lying North of a line drawn parallel with and
150.30 feet North of the South line of said Lot 36.
WHEREAS, Grantee is the fee owner of the following described premises
(hereinafter referred to as the "Benef itted Premises "), to -wit:
All that part of the West 100 feet of the East 122 feet of
the South Half of Lot 36, Auditor's Subdivision Number 172,
Hennepin County, Minnesota, lying South of a line drawn
parallel with and 150.30 feet North of the South line of
said Lot 36.
Also, beginning at a point on the South line of Lot 363,
Auditors Subdivision Number 172, Hennepin County, .
Minnesota, which point is distant 22 feet West from the
Southeast corner of said Lot 36; thence North -and parallel
to the East line of said Lot 36,a distance of 150.14 feet;
thence East a distance of .55 feet; thence Southerly to a
point on the South line of said Lot 36, which, point is .10
feet East of the point of beginning; thence West .,1Q feet to
the point of beginning,
WHEREAS, In partial consideration for the conveyance by Grantee to
Grantor of the Subject Premises, Grantor has agreed to grant this easement to
Grantee.
NOW, THEREFORE, In consideration of the premises, Grantor does hereby
grant, bargain, sell and convey unto Grantee the following easements over the
Subject Premises, for the benefit of the Benefitted Premises, on the following .
terms and conditions:
1. An easement for the maintenance, repair and reconstruction of the
existing underground room for mechanical equipment serving the Benefitted
Premises, said room being approximately 16 feet by 24 feet, adjoining the
building located on the Benefitted Premises, and being in the Southeast corner
of the Subject Premises, =The easement hereby granted shall be subject to the
following conditions:
a. Grantee shall not increase the dimensions of said
existing.underground room without obtaining the
prior written consent of Grantor;
b. Grantee shall have no access to said room from the
surface of the Subject Premises except via one manhole,
which shall be constructed, reconstructed, repaired, and
maintained by Grantee at its sole cost and expense;
C. Grantee shall not interfere with the use of, nor dig
into, nor in any way disturb or damage, the surface of
the Subject Premises, or any improvements, including
shrubbery, trees and other landscaping materials.thereon,
in connection with or as a result of the maintenance,
repair, or reconstruction of such room, except, however,
that Grantee may dig into and disturb such surface in
connection with the construction, reconstruction, main-
tenance, or repair of said manhole;
d. If required by Grantor, at any time and from time to time
during the existence of this easement, Grantee shall
strengthen, at Grantee's cost and expense, the roof of
said room to the extent and in the manner required by
Grantor to prevent collapse from passage over the Subject
Premises of trucks and automotive vehicles. If such request
is made by Grantor, Grantee may use so much of the surface
of the Subject Premises as is necessary to have access to
the roof of such room and to do such strengthening work;
e. When the mechanical equipment is no longer used to serve
the Benefitted Premises, this easement shall cease and
terminate, and Grantee, at its cost, shall promptly block
off the room from the Benefitted Premises with material and
workmanship at least equal to that used in the wall in
which the opening into the said room then exists. Upon
termination of this easement, Grantor and Grantee shall enter
into a recordable agreement evidencing such termination.
,2,
M
2. An easement to maintain, repair, and reconstruct -the downspouts
now existing on the building located on the Benefitted Premises, so long as
such building shall exist.
3. An easement to temporarily use from time to time so much of the
Subject Premises as may be necessary to place ladders and other equipment
thereon for the purpose of maintaining and repairing any building now or
hereafter located on the Benefitted Premises.
4. A perpetual easement to maintain, repair, construct, and recon-
struct the footings and foundation of the building located on the Beneftted
Premises to the extent the same may extend into the Subject Premises, including
the right to use such footings and foundation for the construction of any
building hereafter erected on the Benefitted Premises, and the right to enter
upon the Subject Premises, aid to use and disturb so much of the surface thereof
and improvements, including shrubbery, trees and other landscaping materials
thereon, as is necessary for the purpose of such maintenance., repair, construc-
tion, or reconstruction.
5. Any and all disturbance of and damage to the surface of the
Subject Premises and any improvements, including shrubbery, trees and other
landscaping materials thereon, shall promptly be repaired and replaced by
Grantee at its sole cost and expense, to as nearly as possible the condition
it was in prior to such disturbance or damage. Any use of the surface of the
Subject Premises hereby allowed shall be done in such manner as to interfere
as little as possible with the use thereof by Grantor and the public, and shall
be limited only to such area and such time period as is required for accomplish-
ment of the purposes for which such use is allowed pursuant hereto.
6. If Grantee should fail or refuse to promptly repair and replace any
disturbance or damage as required by paragraph 5 hereof, or to comply with and
fulfill its obligations under paragraph 1 hereof, then Grantor may do such repair
and replacement work, comply with and fulfill the obligations of Grantee under
paragraph 1, and charge the costs thereof to Grantee, including reasonable
attorneys' fees incurred in so doing, and including interest at 8% per annum on
such costs from the date incurred until paid, which costs, with interest, shall
-3-
be payable on demand and shall be recoverable in a civil suit, and Grantee
also agrees to pay reasonable attorneys' fees incurred in recovering such
costs and interest, whether suit be brought or not.
7. Grantee shall hold Grantor harmless from and indemnified against
any and all loss, cost, damage, and expense, including attorneys` fees, due to
any claim arising out of or claimed to arise out of any willful or negligent
act by Grantee, or Grantee's agents, employees, or representatives, in connec-
tion with the use of any of the easements or the exercise of any of the rights
hereby granted.
8. The easements hereby granted, and the rights and duties herein
set out, shall run with the title to the Subject Premises and Benef fitted
Premises, and be binding on and inure to the benefit of the respective heirs,
representatives, successors and assigns of Grantor and Grantee.
IN WITNESS WHEREOF, Grantor has caused these presents to be duly
executed the day and year first above written.
HOUSING AND REDEVELOPMENT AUTHORITY
OF EDINA, MINNESOTA
By
Char? s W. Freeburg, Its Ch rman
And '
Lawrence W. Rixe, Its S c to y
This Instrument is Exempt From State Deed Tax
STATE OF MINNESOTA)
SS.
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this l� day of
July, 1975, by CHARLES W. FREEBURG, Chairman, and LAWRENCE W. RIXE, Secretary
of the Housing and Redevelopment Authority of Edina, Minnesota, a body politic
and corporate under the laws of the State of Minnesota, on behalf of said
Authority.
[Notary Seal] 42, k-- 0
LYNNAE CAROL NYE
NOTARY PUBLIC • MINNESOTA
HENNEPIN COUNTY
My Commission Expires Apr. 30, 1981
D*iSA
4+t;O 'pct 1 : j**W 9 ate.
Minn"polis, 1 , t► 35402 -4-
DORSEY, WINDHORST, HANNAFORD, WHITNEY & HALLADAY
JOHN W WINDHORST
ROBERT J. STRUYK
HENRY HALLADAY
MICHAEL A. OLSON
JULE HANNAFORD
LARRY W JOHNSON
ARTHUR B. WHITNEY
THOMAS S. HAY
RUSSELL W. LINQOUIST
G. LARRY GRIFFITH
DAVID R. BRINK
CRAIG A. BECK
HORACE E. HITCH
DAVID L. McCUSKEY
VIRGIL H. HILL
THOMAS 0. MOE
ROBERT V. TARBOX
JAMES H. OHAGAN
ROBERT J. JOHNSON
JOHN M. MASON
MAYNARD B. HASSELOUIST
MICHAEL W WRIGHT
PETER DORSEY
LARRY L. VICKREY
GEORGE P. FLANNERY
LOREN R.KNOTT
CURTIS L. ROY
PHILLIP H MARTIN
ARTHUR E. WEISBERG
REESE C. JOHNSON
DUANE E. JOSEPH
CHARLES J. HAUENSTEIN
JAMES S. VESSEY
CHARLES A. GEER
WILLIAM A. WHITLOCK
JOHN C.ZWAKMAN
EDWARD J. SCHWARTZBAUER JOHN R. WICKS
THOMAS M. BROWN
EUGENE L. JOHNSON
CORNELIUS D. MAHONEY, JR.
JOHN W. WINDHORST, JR.
WILLIAM C. BABCOCK
MICHAEL PRICHARD
THOMAS S. ERICKSON
WILLIAM R. SOTH
MICHAEL E. BRESS
RICHARD G. SWANSON
RAYMOND A. REISTER
FAITH L.OHMAN
JOHN J. TAYLOR
DAVID A RANHEIM
BERNARD G. HEINZEN
ROBERT J. SILVERMAN
WILLIAM J. HEMPEL
THOMAS R. MANTHEY
JOHN S. HIBBS
WILLIAM R. HIBBS
ROBERT 0. FLOTTEN
PHILIP F. BOELTER
JOHN D. LEVINE
WILLIAM B. PAYNE
2300 FIRST NATIONAL BANK BUILDING
MINNEAPOLIS, MINNESOTA SS402
(a 12) 340 -2600
CABLE: DOROW
TELEX: 29-0605
TELECOPIER: (612) 340 -2868
1468 W -FIRST NATIONAL BANK BUILDING
ST. PAUL,MINNESOTA SB101
(612) 227 -8017
115 THIRD STREET SOUTHWEST
ROCHESTER, MINNESOTA 55901
IS 07) 258 -3156
April 19, 1977
Mr. Robert C. Dunn, Executive Director
Edina Housing and Redevelopment Authority
4801 West 50th Street
Edina, Minnesota 55424
Re: Abstract of Title No. 706128
Dear Bob:
ROBERT A HEIBERG ROBERT L. HOBSINS
JOHN D. KIRBY BARRY D. GLAZER
ROBERT A. SCHWARTZBAUER PETER S HENDRIXSON
DAVID N. FRONEK NICK RHAY
THOMAS W. TINKHAM IRVING WEISER
JON F TUTTLE STEPHEN E. GOTTSCHALK
EMERY W. BARTLE THOMAS W ELKINS
WILLIAM A. JOHNSTONE KENNETH LCUTLER
STEVEN K. CHAMPLIN DAVID M. OUINLAN
MICHAEL J. RADMER JAMES R. PIELEMEIER
MICHAEL TRUCANO GARY M. JOHNSON
JOHN P VITKO THOMAS W FINN
DON D CARLSON JAY L BENNETT
PAUL J. SCHEERER ROBERT G. BAYER
DAN F. NICOL SUZANNE B. VAN DYK
KENNETH A. IVERSON STUART R. HEMPHILL
JAMES A. FLADER J. DAVID JACKSON
DAVID L 8OEHNEN W. CHARLES LANTZ
WILLIAM E. MARTIN DOUGLAS E RAY
FRANK H. VOIGT STEVEN F. WOLGAMOT
WILLIAM H. HIPPEE, JR. J. MAROUIS EASTWOOD
ROBERT A BURNS EDWARD J. PLUIMER
MICHEL A LAFOND KENNETH W. ERICKSON
ROGER J. MAGNUSON OWEN C. MARX
J. ROBERT HIBBS JAMES E. BOWLUS
JAY F. COOK
STANLEY M. REIN OF COUNSEL
CHARLES L POTUZNIK DONALD WEST
VERLANE L ENDORF WALDO F. MAROUART
DENNIS P. BURATTI GEORGE E.ANDER50N
GEORGEANN BECKER ROBERT L.VANFOSSEN
Enclosed is the abstract for part of the surface
level parking on the north side of 49 -1/2 Street.
Very truly yours,
r
TSE /abc Thomas S. Erickson
Enclosure
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
TRUSTEE'S DEED
THIS INDENTURE, Made this fs*i day of July, 1975, between RUSSELL T.
LUND, JR., of the County of Hennepin and State of Minnesota, and FIRST NATIONAL
BANK OF MINNEAPOLIS, a national banking association, parties of the first part,
and HOUSING AND REDEVELOPMENT AUTHORITY OF EDINA, MINNESOTA, a body politic and
corporate under the laws of the State of Minnesota, party of the second part.
WITNESSETH, That whereas Russell T. Lund of. the County of Hennepin
and State of Minnesota,made and executed that certain Trust Agreement for the
benefit of Russell T. Lund III, Kimberly Ann Lund and Shauna Lynn Lund, bearing
the date the 12th day of June, 1963. And whereas the parties of the first
part are the duly qualified and acting trustees under said Trust Agreement.
NOW, THEREFORE, The said parties of the first part, for and in consid-
eration for the sum of One Dollar ($1.00) and other good and valuable consider-
ation, to them in hand paid by the said party of the second part, the receipt
whereof is hereby acknowledged, do hereby Grant, Bargain, Sell and Convey,
unto the said party of the second part, its successors and assigns,
forever, all the tract or parcel of land, lying and being in the County of
Hennepin and State of Minnesota, described as follows, to -wit:
An undivided one -half (1/2) interest in:
All that part of the West 100 feet of the East 122 feet of
the South Half of Lot 36, Auditor's Subdivision Number 172,
Hennepin County, Minnesota, according to the recorded plat
thereof, lying North of a line drawn parallel with and
150.30 feet North of the South line of said Lot 36.
Subject to an easement for street purposes over the North
25.0 feet of the above described tract.
TO HAVE AND TO HOLD THE SAME, together with all hereditaments and
appurtenances thereunto belonging, or in anywise appertaining, to the said
party of the second part its successors and assigns, Forever. And the
said parties of the first part, for themselves, and their heirs, representatives,
successors and assigns, promise and agree, to and with the said party of the second
part, its successors and assigns, that they have not made, done, committed,
executed, or suffered any act or acts, thing or things, whatsoever, whereby, or
by means whereof, the above mentioned or described premises, or any part or
parcel thereof, now are, or at any time hereafter, shall or may be impeached,
charged or encumbered in any manner whatsoever.
The said parties of the first part have executed this deed solely in
their capacity of Trustees under said Trust Agreement as.aforesaid, and without
any liability or responsibility whatsoever in their individual or individual
corporate capacities.
IN TESTIMONY WHEREOF, The said parties of the first part, as such
Trustees, have hereunto set their hands and have cuased these presents to be
duly executed the day and year first above written.
[Corporate Seal]
c
Russell T. Lung,
FIRST NATI NAL BANK OF MINNEAP
Its -v MW rKt;WULLq I
And v ,
Its TRUST OFFICER
As Trustees under Agreement dated June 12,
1963, with Russell T. Lund for the benefit
of Kimberly Ann Lund, Russell T. Lund III,
and Shauna Lynn Lund.
This Instrument is Exempt from State Deed Tax.
STATE OF MINNESOTA )
) SS.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this 1,0'k day
of July, 1975, by RUSSELL T. LUND, JR., and by i3E/1'ff4d 4. RMES and
LEE E. JOHNSON ,.-as VICE F HL51ULN1, and
RUST OFFICER respectively,, of FIRST NATIONAL BANK OF
MINNEAPOLIS, a national banking association, as Trustees under Agreement
dated June 12, 1963, by Russell T. Lund for the benefit of Kimberly Ann
Lund, Russell T. Lund III, and Shauna Lynn Lund, as such Trustees.
[Notary Seal] -'0" A'd jA
Notary Public
D. R. CADWALLADER
NOTARY PUBLIC - MINNESOTA
`
�'
�s� �j , HENNEPIN COUTY
This Instrument was drafted by: +1 ".' N
My Commission Expire, Mar. 15, 1981
Dorsey, Marquart, Windhorst, West & Halladay
2300 First National Bank Building
Minneapolis, Minnesota 55402
-2-
Warranty Deed. Form No. Miller -Davis Co., Minneapolis
Individual to Corporation. Minnesota Uniform Conveyancing Blanks (Revised 1974)
ji5 3nbenture, made this ...............!s rn. .............. ......day of....... July................ ..............................1 19.75.....,
between ......... FLORENCE ... R.....JMUS.E ... and ... GEORGE...C.- KRUSE.,....wife... and ... husband .......................... ...............................
of the County of ....... .... ...Hennepin ................................................ and State of .............. Minnesota ....... ............................................. I
parties.. of the first part, and ........ HOUSING .. AND ... REAEV,` ELOPMENT- AUTHORiTX .- OF ... EDINA.,....MINNESOTA.r
...a.. body.. politic... and...c.Q.- rP.Q.rat ..................................................................................................................................... ...............................
a cor laration, under the laws of the State of..... .... .... . Minnesota .......................................... I party of the second part,
WitntOlftb, That the said part ... i.es of the first part, in consideration of the sun of
... One,.. D. Qll ax. ... ($1-0.0.) .... and ... other ... good ... and ..ualuable... consideration.... --, .....
to ............. . them ........ ........................... in hand paid by the said party of the second part, the receipt whereof is hereby
acknowledged, do............ hereby Grant, Bargain, Sell, and Convey unto the said party of the second part,
its successors and assigns, Forever•, all the tract...... or parcel...... of land lying and being in the County
Of Hennepin and State of .Minnesota, described as follows, to -wit:
An undivided one -half (112) interest in:
All that part of the West 100 feet of the East 122 feet of the
South Half of Lot 36, Auditor's Subdivision Number 172, Hennepin
County, Minnesota, according to the recorded plat thereof, lying
North of a line drawn parallel with and 150.30 feet North of the
South line of said Lot 36.
Subject to an easement for street purposes over the North 25.0
feet of the above described tract.
90 *abe attb to Kolb ttje Game, Together with all the hereditaments and appurtenances
thereunto belonging, or in anywise appertaining, to the said party of the second part, its successors and
assigns, Forever. Jnd the said ........ .Floxenc.e..E....Kruse ... and ... Gearge ... C,... Kruse ............................. ...............................
............................................................................................................................................................................................................................. ...............................
parties.. of the first part, for ...... themrieluea,.... their ...................heirs, executors and administrators, do............
covenant with the said party of the second part, its successors and assigns, that.......... they-are. ................. well
seized in fee of the lands and premises aforesaid, and have..... Food right to sell and convey the same in
manner and form aforesaid, and that the same are free from all encumbrances,
This Instrument is Exempt
from State Deed Tax
,find the above bargained aTZd _97°anted lands and premises, in the quiet and peaceable possession of the
said party of the second part, its successors and assigns, against all persons lawfully claiming or to claim
the whole or any part thereof, subject to incumbrances, if any, hereinbefore mentioned, the. said parties..
of the first part will Warrant and Defend.
31n Tatimonp Mena, The said part...ies of the first part have...... hereunto set...... their..........
hand..s. the day and year first above written.
FLORENCE E. KRUSE
............... ...............................
GEORGE C. KRUSE
Otate of Afnneoota,
Count of HENNEPIN ......... ...............................
The foredoind instrument was acknowledded before me
this ... �:�.... day of ......... July. ......... ...............................
........., 197.5..........., FLORENCE E. KRUSE and GEORGE C. KRUSE,
wife and husband.
b..... ............................................................................ ............................... -
(NAME OF PERSON ACKNOWLEDGE )
(SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT
_ XAAA A��AA .�`,adal�lkA�AI�.4AAAAAAAA& A,Ax
_ LYN . ...... A' kRQL... N' YE ..... ........................... . . .•
THIS INSTRUMENT WAS DRAFTED BY
����. NOTARY PU Li6��ESOTA
Dorsey, Marquart, Windhorst, West & Halladay.,..... - .
� HENNEPIN COUNTY
� "�i�ing My Commission Ez'ires App: 3�0... TSSI'.
2300 First National Bank Bu x w�rw+rrrrrrrrvrx
Minneapolis, Minnesota 55Mtess)
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No. i 33 P706
COMPLETE TITLE SERVICE
TITLE INSURANCE
� ROW SERVICE
ABSSfiRACTS 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
l
R
I
Ll
1.
Order No 706128
Abstract of Title
TO
Part of Lot 36,
Auditor's Subdivision
Numbez 172.
This certifies the within statement from
No. I to 0 , inclusive, to be a correct
Abstract of Tilde to land described in No. one
therein as app.Mrs of record in the Real Fstate Division of
the office of t e Register of Deeds in Hennepin County,
Minnesota, ixduding Taxes according to the general tax
books of said awnty.
Dated June 25, 19—L5, 7 a. m.
Title IMsce Co any of Minnesota
By
Assistant Secretary
Re Dorsey Law Firm
Deliver to
TITLE INSURANCE COMPANYOF MINNESOTA
TITLE INSURANCE BUILDING
MINNEAPOLIS, MINNESOTA 55401
Telephone 332-5111
Area Code 612
P 5
316 -152
"7
P�
CONVERSION. TABLES
Rods
Faet
Rods
40
Rods
Feet
Rods
feet
Rods
.Feet
Rods
-Feet
Rods
feet
Rods
"Feet
Rods -fast
Rods
Faet
1
16.5
Il 1
1.5
21
346.5
31
511.5
41
676.5
51
841.5
61
1006.5
71
1171.5
81
1336.5
91
1501.5
2
33.0
12 l
10.0
22
363.0
32
528.0
42
693.0
52
858.0
62
1023.0
72
1188.0
'82
-1353.0
92
1518.0 '
3
49.5
13 2
.4.5
.23
379.5
33
, 544.5
43
709.5
53
874.5
63
1039.5
73
1204.5
83
1369.5
93
'1534.5
4
66.0
14 3
1,0
24
396.0
34
561.0
44
726.0
54
891.0
64
1056.0
74
1221.0
84
1386.0
94
1551.0
5
82.5
15 2,7.5
25
25
412.5
35
577.5
45
742.5
55
907.5
65
1072.5
75
"1237.5
85
1462.5
95
067.5
6
99.0
16 2
4.0
26
429.0
36
594.0
46
759.0
56
924.0
66
1089.0
76
1254.0
86
1419.0
06
1584.0
7
115.5
17 2
0.5
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 2
7.0
28
462.0
38
.627.0
48
792.0
58
957.0
68
1122.0
78
1287.0
88
1452.0
98
1617.
9
148.5
19 3
3.5
29
.478.5
39
643.5
49
808.5
59
973.5
69
1138.5
79
1303.5
89
1468.5
99
16'33.5
10
1654
20 3
0.0
30
495.0
40
: 660.0
50
. 825.0
60
990.0
70
1155.0
80
1320.0
90
1481.0
100
1850.0
Rods to feet from
1 to 100
Chains
Feet
Chains
.Fast
.Chains
- Fast
Chains
: -Feet
Links -•
Feat
Links
Feet
Links
Few
Links
Feat
Link.
'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
14.52
32
'21.12
42
27.72,
3
198
13
858
23
1518
33
2178
3
1.98
13
8.58
23
15.18
33
21.78
43
28.38
4
264
14
924
-24
1584
34
2244
4
2.64
14
9.24
24
15.84
34
22.44
'44
29.04
5
330
15
990
25
1650
35
2310
5 :
3.30
15
9.90
25
16.50
35
23.10
45
29.70
6
396
16
N 1056
26
1716
36
2376
6
3.96
16
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TITLE INSURANCE COMPANY OF MINNESOTA
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ABSTRACT OF TITLE
1. --TO --
That part of the West 100 feet of the East 122 feet of the South 1/2
of Lot 36, lying North of a line drawn parallel with and distant
150.3 feet North of the South line of said Lot 36, Auditor's
Subdivision Number 172.
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A rod is 1634 feet.
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Zo ACMES
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An acre contains 43,560 square feet.
An acre contains 160 square rods.
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ABSTRACT OF TITLE
1. --TO --
That part of the West 100 feet of the East 122 feet of the South 1/2
of Lot 36, lying North of a line drawn parallel with and distant
150.3 feet North of the South line of said Lot 36, Auditor's
Subdivision Number 172.
2.
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The following certificates appear appended to the plat
shown below, which plat was filed for record in the office of the
Register of Deeds, Hennepin Cuunty, Minnesota, on April 36, 1932
at 8;30 o'clock A.M., as Document No. 1684403, and was recorded
In Book of Govt. Survey Plats, page 20.
"The above Map of Township No. 28 North, Range No. 24 West
of the 4th Principal Meridian, Minnesota is strictly conformable
to the field notes of the survey thereof un file in this Uffice,
which have been examined and approved.
Surveyor General's Uffice. Warner Lewis
Dubuque, Feby. 27th 1854 Surr.Genl."
"I hereby certify that the above map is a correct copy of
the original Government Map of Township No. 28 North, Range No.
24 West of the 4th Principal Meridian on file in this Uffice.
(The Great Seal of the Mike Holm, Seely cif State
State of ' Minnesota) St. Paul,14Inn..Aug.3lstl931. "
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County Aud itor of
7. Hennenin County, Idinnesoua
to
Peter 1,xlolford
Tax Deed
Dated Feb. 12, 1370
Filed Apr. 8, 1872, 12M,
Book 34 of Deeds pa _;e 3
Southeast 1/4 of the Northeast
1/4, Section 18, Tov.,ns'.1i.p 28,
4, j"? .79
Pdort-� 1/2 of tine Southeast 1/4,
Section 11, Township 28,
Range 24, $32.72. e`.c. etc. etc.
United S1-ates
Entry No. 13
3.
to
Dated Oct. 10, 185:~)
William Wort iington 11arvin
See Land Office Records on
Pale 11 .
Southeast 1/4 of northeast 1/4
and North 1/2 of Southeast 1/4,
Section 18, To�,nship 28, Range
24, containing 120 acres..
4.
The United States
Patent
of America
Dated June 10, 1857
to
Filed Apr. 26, 1 59, 5 p.m.
1illiam N. Marvin
Book N of Duds Page 160
CD
The ITorth 1/2 of the Southeast
1/4 also the Sola.theast 1/4 of
the l orthea, t 1/4, Section 18,
To .,nshi.p 8, Range 24,
containing 120 acres.
William W. Iviarvi-n
Warranty Deed
5.
To
Dated I.'lar. . 5, 1859
Alvah Bull
Filed Apr. 26, 1 1-59, 5
l oon N of Deeds paO-e 162
Consideration 83000.00
North 1/2 of the Southeast 1/4
also the Southeast 1/4 of the
Northeast 1/4, Section 18,
Township 28, Range 24; also
the fdor thwo st 1/4 of the
So�.ith.crest 1/4, Section 17,
ToG,rnshio 28, Flange 24, containing
160 acres.
James A. Bull
Af f idavi.t
6.
To
Dated A-or. 24, 1886
Whom it Concerns
Filed July 10, 1686, 1 p.m.
Book 26 of °:li-sc . , pa-:e 476
That 111illiam W. "'arvi.n grantor
in Book N of Deeds page 162
of Nor thT�,est 1/4 of Southwest 1,14,
Section 17, and Southeast 1/4
of Northeast 1/4, Section 18, all so
Borth 1/2 of Southeast 1/4 said
Sect-ion 18, all in Township 2$., Range 2,1 Inas at time unmarried .
County Aud itor of
7. Hennenin County, Idinnesoua
to
Peter 1,xlolford
Tax Deed
Dated Feb. 12, 1370
Filed Apr. 8, 1872, 12M,
Book 34 of Deeds pa _;e 3
Southeast 1/4 of the Northeast
1/4, Section 18, Tov.,ns'.1i.p 28,
4, j"? .79
Pdort-� 1/2 of tine Southeast 1/4,
Section 11, Township 28,
Range 24, $32.72. e`.c. etc. etc.
Peter 117olford
£3. "vary Ann 'Yo lfcrd, wif e
To
James A. Bull
Quit Claim Deed
Dated May 7, 1870
Filed May 7, 18 ?0, 5 D.M.
Boo's. 20 of Deeds, pa,-:,,,e 456
Consideration 0231.18
Northwest 1/4 of the Southwest
1/4, Section 17, Township 28,
Range 24; Southeast 1/4 of the
iIortheast 1/4 and Nort'l 1/2 of
the Southeast 1/4, Section 18,
Township 28, Range 24.
In the Latter of the Probate Court
9. Estate of Hennepin County, Minnesota
Alvah Bull, Deceased Case No. 1216
Certified Copy of Decree
Assigning Estate
Dated Oct. 1, 1883
Filed July 10, 1886, l p.m.
Book 191 of Deeds, page 511
Debts all paid. Following remains in hands of administrator to
be distributed: Northwest 1/4 of the Southwest 1/4, Section 1 ?,
Township 28, Range 24 and Northeast 1/4 of the Southeast 1/4,
Section 18, Township 28, Range 24, also Northwest 1/4 of the
Southeast 1/4, Section 18, Township 28, Range 24, except 2 acres
in Northwest corner thereof sold by deceased to H. S. Ashley.
That deceased left surviving Louisa P. Bull, widow, James A. Bull,
son, George E. Bull, son, Henry C. Bull, son, Eunice S. Mather,
daughter, Frank L. Swan,,his daughter, Frank A. Converse, Mamie
Converse, his grand children, the same being children of Marietta Convex
his deceased daughter who are next of kin and only heirs at law.
Ordered, Adjudged and decreed that the same is hereby assi.g•ned to
Louisa P. Bull, 1/3; to James Bull, 1/9; to George E. Bull, 1/9;
To Henry C. Bull,'1 /9; to Eunice S. lather 1/9; to Frank L. Swan,
1/9; to Frank A. Converse 1/18 and to Mamie Converse 1/18.
(Shown for reference).
Geo. E.
Bull
Deed
10. Mary A.
Bull, wife
Dated July 27,
1880
Eunice S. I,Iather
Filed Sept. 7,
1830, 8:30 a.m.
V,1il12.am
,iat:ler, husband
Book 89 of Deeds
pa�e 427
Minnie E.
Bull
Consideration
_'800.00
Henry C.
Bull, husband
Southeast 1/4
of Northeast 1/4
Frank L.
Si.�ran
of Section 18,
Township 28,
F.'iart-in D.
Swan, husband
R -P.n=- e 24, containing
w0 acres,
To
more or less.
Annie L.
Bull
Amie L.
Bull
Affidavit
ll. To
Dated Dec. 7,
1908
Whom It
Concerns
Filed Dec. 12,
1908, 11:50 a.m.
Doe. No.
510968
Book 120 of IIisc
. , ua_�e 263
Amie L. Bull,
being first duly
sworn deposes and says that her
true and full name is Amie L.
Bull, that she is the widow of James A. Bull, deceased late of
Edina, Hennepin County, Elinnesota, an,J_ that she is the identical
person named as grantee in the certain ',Warranty De,d recorded in
the office of the Register of Deeds in and for said Hennepin
County, iMinnesota in Book 89 of Deeds pa ,,e 42 ?, ir,,herein and whereby
George E. Bull and 11ary A. Bull, his °.3_f Eunice S. Blather and
William Mather, her husl,and and others convey to affiant the
(Continued)
(No. 11 continued)
certain lands in said Hennepin County, Minnesota, described as
follows, to —wit; the Southeast 1/4 of the Igor heist 1/4 of
Section 18, Towns'nip 28, Ran,:-'e 24 and that in record ng said deed
in said office in the hook and pale aforesaid the copyist
erroneously copied affiantls name as grantee "Annie L. Bull"
instead of Amie L. Bull as shown in said deed and as it should
have been in said records. That affiant has made dill�ent search
for said oriEl.nal deed in order that the same may be re- recorded,
but has been unable to f ?.nd the same and that said deed appears
to be lost. Affiant further sairs that r'amie Converse, named
as one of the distri.hutees in the Decree of Di,stril)ut ion in the
estate of Alvah Bull, deceased. as recorded in the Prohate Court
records of said County in Docket T on ra€ e 322, and the May
Converse named as grantor in the certain Quit Claim Deed recorded
in the office of kegister of Deeds aforesaid in gook 206 of
Deeds pa:=;e 393 are one and the same person and that said iiamie
or R:.a.y Converse was a single ,roman at the date of the execution of
said deed, of aff'iant's own i-)ersonal knowled,- :'e.
Subscrihed and sworn to before Fred ',.lillson Pecorder Village of
Edina (Villa;_e Recorder Corporate Seal Edina, Minn.).
In the Mutter of the
12. Estate of
Alvah Bull, Deceased
Doc. No. 997667
Probate Court
Hennepin County, :;iinnesota
Case No. 1216
Certified Copy of Letters of
AdministratioY.
Dated Sept. 13, 1880
Filed Sept. 2?, 1920, to a.m.
Book 197 of Misc., page 357
To Henry C. Bull, Administrator.
In the Matter of the Probate Court
13. Estate of Hennepin County, Minnesota
Alvah Bull, Deceased Case No. 1216
Doc. No. 1012604 Certified Copy of Order of
Liscense to Sell
Dated June 13, 1882
Filed Jan. 6, 1921, 4 :20 p.m.
Book 203 of Misc., pa _ °e 66
Ordered that Henry C. Bull, ac_ministrator be and is licensed and
authorized to sell: the Southeast 1/4 of Northeast 1/4 of Section
18, Township 28, Ranee 24, after giving bond In sum of i 2000.00
In the Matter of the
14. Estate of
Alvah Bull, Deceased
Doc. No. 312037
Confirms sale made Aug. 3, 1882 of
1/4, Section 18, Tovinsh .p 28, Ra -nge
Probate Court
Hennepin County, Minnesota
Case No. 1216
Certified Cony of Order
Conf irmi.ng Sale
Dated Sept. 28, 1911
Filed Sept. 29, 1911, 3 p.m.
Book 134 of I•ilisc . , page 201
Southeast 1/4 of the Northeast
24, to Amie L. Bull for ? 1200.001
Henry C. Pull
15. Administrator Of Estate of
Alvah Bull, Deceased
To
Amie L. Bull
Louisa P. Bull, widow
16. To
Arnie L. Bull
Arnie L. Bull
17. James A. Bull, husband
To
The Windham County
Savings Bank
"i_ndh^ m County Savinc,'s Bank
18. by Milon Davidson, Treasurer
To
Austin F. Kelley
Deed
Dated Aug. 3, 1882
Filed June 14, 1884, 2 p.m.
B0031 150 of Deeds page 123
Consideration ,1200.00
Southeast 1/4 of the Northeast
1/4, Section 18, Township 28,
R,�,nge 24.
Warranty Deed
Dated P,iiar. . 30, 1882
Filed June 14, 1884, 2 p.m.
Book 130 of Deeds page 129
Consideration $10.00
Undivided 1/3 of Southeast 1/4
of the I ?ortheast 1/4, Section
18, Township 28, Range 24.
Mortgage
Dated Feb. 28, 1885
Filed 11'ar. 2, 1885, 3 p.m.
Boob 129 of Mtgs., pay, ;e 454
To secure payment of ;1200.00
Due in 5 years, 8% semi.
Southeast 1/4 of the
Northeast 1/4, Section 18,
Township 28, Range 24.
Pourer of Attorney
Dated Oct. 2, 1879
Filed Nov 26, 1879, 1;30 p.m.
Book C of Powers pap,:�e 21
To demand, collect and receive
all monies that are due, or
wn2.cn may nereafter become due and owing to the said Windham
County Sav_n s Lank on a.ny and all notes and mortga es, on any
real estate iii !?i.nYiesota and to sign and execute, satisfactions
and assignments of all such mort�_;ages already gi.ven or �k�ni_eh may
hereafter be given to the said Windham County Savinlp;s Bank
granting unto its said Attorney full power to perform everything
whatsoever required and necessary to he done as it might or
could do if personally present, Without revocation. ~U
The Windham County
1�. Savings Bank by
Austin F. Kelley,
attorney —in —fact . .
To
Annie L. Bull and husband
Doc. No.
Satisfaction of Mortgage No. 17
Dated Feb. 1, 1890
Filed Feb. 28, 1890, 2 p.m.
Book 284 of I,;t`;s . , pa, e 440
In the Matter of the
20. Incorporation of The
Village of Edina
Doc. No. 69940
In the Matter of the
21. Incorporation of
The Villa '-e of Edina
Doc. No. 69984
In the Matter of the
22. Incorporation of
The Village of Edina
Doc. No. 69985
Amie L. Bull
James A. Bull, husband
23. to
James Harry Bull
Doc. No. 287554
James Harry Bull
Blanche Bull, wife
24. to
Jens P. Hansen
Doc. No. 585903
J. P. Hansen
25. to
James Harvey Bull
Doc. No. 642034
J. Harry Bull
Blanche Bull, wife
26. to
Albert M. Blaisdell
Doc. No. 732367
such, if any, as may have attached
omission of said 2nd party.
Petition
Dated Oct. 27, 1888
Filed Dec. 17, 1888, 11;30 a.m.
Book 40 of Misc., pa,,,),,-,e 106
Includes land in No. 1, etc. etc.
Petition
Dated Oct. 27, 1888
Filed Dec. 17, 1888, 3 p. m.
File No. 504
Includes land in No. 1, etc. etc.
Pet it ion
Dated Oct. 27, 1888
Notice of Election,
Nov. 9, 1888
Filed Dec. 17, 1888, 3 p.m.
File No. 504
Includes land in No. 1, etc. etc.
Warranty Deed
Dated Aug. 20, 1896
Filed Dec. 29, 1898, 2;15 ;o.m.
Book 502 of Deeds, page 455
Consideration $5.00 etc.
Southwest 1/4 of Southeast 1/4
of Northeast 1/4, Section 18,
Township 28, Range 24 containing
10 acres more or less.
11ortgage
Dated Jan. 7, 1911
Filed Jan. 7, 1911, 12:10 n.m.
Book 712 of Mtgs., page 203
To secure payment of 43000.00
Satisfaction of LiTortga, recorded
in Book 712 of Mtgs., page 203
(See No. 24)
Dated July 12, 1912
Filed July 12, 1912, 1:55 p.m.
Book 751 of 11tgs., page 364
Warranty Deed
Dated Oct. 101 1914
Filed Oct. 22, 1914, 2;50 p.m.
Book 737 of Deeds, page 436
Consideration $1.00
East 80 feet of Southwest 1/4 of
Southeast 1/4 of Northeast 1/4 of
Section 18, Township 2B, Range 24.
Free from all encumbrances exceDt
thereto by reason of any act or
Albert 11. Blaisdell
Eva Blaisdell, wife
27 to and with
William H. Perry
Doe. No. 873243
Albert M. Blaisdell
Eva Blaisdell, wife
28 to
Williar,r H. Perry
Doc. No. 1055896
1,711liam H. Perry,
29 to
Victor Hugo Adams
Doc. No. 1289782
Victor Hugo Adams
30 to
'T"or1 it concerns
Doc. No. 1547853
Contract for Deed
Dated Nov. 20, 1917
Filed Nov. 23, 1917, 4 :20 n.m.
Book 177 of AQi sc . , pare 62
Consideration $1800.00; $500.00
on execution.
The East 80 feet of Southl�rest 1/4
of Southeast 1 /4 of Northeast 1/4
of Section 18, Township 28, Range 24.
Warranty Deed
Dated Nov. 21, 1921
Filed Nov. 21, 1921, 1 :45 p.m.
Book 878 of Deeds, page 243
Consideration $1.00 etc.
The East 80 feet of the Southwest 1/4
of the Southeast 1/4 of the North --
east 1/4 of Section 18, Township
28, Range 24. Any incumbrances
that may have been attached by
ommission of 2nd party.
single Warranty Deed
Dated July 1, 1925
Filed July 6, 1925, 5 p.m.
Book 979 of Deeds, page 284
Consideration $1.00 etc.
The East 80 feet of the South,,-rest
1/4 off' the Southeast 1/4 of the
Northeast 1/4 of Section 18,
Township 28, Range 24.
No. 277303 is not versus him;
there are no Judgments versus
any name whatsoever.
Aff idavit
Dated June 1, 1929
Filed July 2, 1929, 3 :50 P.M.
Book 287 c i'isc., p G e 14;'
That he is the Granter in certain
Deed recorded In Boob 979 of
Deeds, page 284. That Judgment
in favor of DeLaittere- -Dixon
Company against Adams, Paul
H. Adams, etal docketed as Case
that he has never been sued and that
affiant in said Hennepin County under
Pairs. Amie L. Bull, widow
T.'arranty Deed
31 to
Henry L. „'are
Dated Sept. 16 , 1912
Doc. No. 648770
Filed Sent. 17 1912 3:20 n m.
Book 738 of Deeds, 2711.
page
Consideration $2000.00
Commencing in center of the South
line of Southeast 1/4 of Northeast
Range 24 at Southeast corner of
1/4 of Section 18, Township 28,
the land now owned by J. Harry Bull
and running thence East along
said South line 132 feet; thence North
at right angles 660 feet more
1/4 Southeast
or less to North line of the Southeast
of 1/4 of said Northeast
1/4 of said Section 18; thence
West at rlg-ht angles 132 feet
to 1,1ortheast corner of the land of said
J. Harry Bull; thence South at
right a.n� ;les along East line of land
of said J. Harry Bull 660 feet
miore or less to Point of beginning.
Reserving an easement for lane
or alley purposes along and over North
15 feet thereof, and subject to hi -hivay easement on South as the road
s now Ll � .
`If 1
Henry L. Ware, widower E.ortgage
32 to Dated Sept. 16, 1912
Amie L. Bull Filed Sept. 17, 1912, 4:35 p.m.
Doc. No. 648804 Book 765 of I,:itgs., page 103
To secure payment of $1500.00
Amie L. Bull Satisfaction of MlortgaFe recorded
33 to in Book 765 of 11tgs . , page 103
Henry L. 'Sare, widower (See No. 32 )
Doc. No. 916514 Dated Jan. 9, 1919
Filed Jan. 25, 1919, 9 :50 a.m.
Book 1003 of Mtgs . , page 249
In the Matter of the Estate Probate Court, Hennepin County,
34 of I7innesota, Case #20994
Henry L. '+'are, deceased Certified Copy of 71ill
Doc. ',Io . 911059 Dated Jan. 27, 1914
Admitted to Probate Oct. 28, 1918
Filed Dec. 5, 1918, 3 P.m.
Book 180 of 1�Asc . , page 491
Property recited: Commencing in
center of South line of Southeast 1/4 of Northeast 1/4, Section 18,
Township 28, Ranc-e 24, at Southeast corner of land now owned by J.
Harry Bull, and running thence East along said South line 132 feet;
thence North at right angles 660 feet, more or less, to North line of
Southeast 1/4 of said Southeast 1/4 of said Northeast 1/4; thence West
at right angles 132 feet to Northeast corner of land of said J. Harry
Bull; thence South at right angles along East line of the land of
said J. Hurry Bull, 660 feet, more or less, to reginninf ;, 2 .cres, more
or less, reserving an easement for lane or alley purposes along and
over the North 15 feet thereof and subject to highs ^gay easement on the
South as the road is now laid out. (For further particulars see record).
In the Natter of the Estate Probate Court, Hennepin County,11Iinn.
35 of Case No. 20994
Henry L. Ware, deceased Certified Copy Decree of
Doc. No. 930620 Distribution
Dated May 21, 1919
Filed June 5, 1919, 11:35 a.m.
Book 862 of Deeds, page 391
Debts maid. Died Testate Sept.
21, 1918, Assigned as per will. Personal Property as follows:
$11,246.01. Real estate: Comr.-iencing at center of Sout� line of
Southeast 1/4 of Northeast 1/4 of Section 18, Township 28, Range 24
at Southeast corner of land now (Sept. 16, 1912) owned by J. Harry
Bull; thence East along said South line 132 feet; thence North at
righz angles 660 feet more or less to North line of Southeast 1/4
of said Southeast 1/4 of said Northeast 1/4 o said Section 18;
thence West at right angles 132 feet to Northeast corner ^f r^i-d
land of said J. Harry Bull; thence So�ith at ri.r,'ht angles along
East line of said J. Harr, bull land 660 feet more or ie ss to
roint of beginning containing 2 acres more or less reserving an
easement for lane or alley rurposes alone; and over North 15 feet
thereof and subject to nighwa.y easement on South as the road is
now (Sept. 16, 1912) laid out. Assigned to Louise Keyes Ware Stoner,
daughter. (Other properties not in question not shovm. )
Louise Keyes ,'Dare Stoner
Frank B. Stoner, husband
36 to
Frank W. Johnston
Doc. Ido . 0,`�s'7543
Talortgag;e
Dated Sept. 23, 1920
Filed Sept. 24, 1920, 5 T).m.
Boo]$ 1100 of Mtgs . , rage 21
To secure payment of $3000.00
Frank W. Johnston
Satisfaction of TZortgage recorded
3r, to
in Book 1100 of P.tgs . , page 21
Louise Keyes Ware Stoner & husband
(See No. 36 )
Doc. No.
Dated July 6, 1925
Filed July 6, 1925, 4 :40 p.m.
Book 1269 of Htgs., page 604
Louise Keyes 71fire Stoner
Warranty Deed
Frank B. Stoner, husband
Dated May 26, 1921
38 to
Filed July 25, 1921, 4 :30 p.m.
Victor Hugo Adams
Book 914 of Deeds, page 605
Doc. No. 1037681
Consideration dh8000.00
Commencing in the center of the
South line of the Southeast 1/4
of the Northeast 1/4 of Section
18, Township 28, Range 24 at the
Southeast corner of the land now
owned by J. Harry Bull and running
thence along said South line 132
feet; thence North at right angles
660 feet more or less to the North
1/4
line of the Southeast 1/4 of said
Southeast 1/4 of said Northeast
of said Section 18; thence Nest at
right angles 132 feet to the North
east corner of the land of said J.
Harry Bull; thence South at right
angles alone; the East line of the
land of said. J. Harry Bull 660 feet
more or less to the point of beginning;
containing 2 acres more or
less. Subject to the reservation of
an easement for road or alley
purnoses along the North 15 feet thereof
and higb=ra.y easement on the
of '3000.00.
South road as road is now laid out.
Subject to Tvlortgage
Victor Hugo Adams
Florence M. Adams, wife
39 to
Thorpe Bros.
Doc. No. 1289172
A,.ort gage
Dated July 2, 1925
Filed July 2, 1925, 5 p.m.
Book 1401 of NStas., page 1.94
To secure payment of $6500.00
Thorpe Bros.
Assignment of T,Iortgage recorded
40 to
in Book 1401 of Tvltgs . , page 194
Metropolitan Life Insurance
(See No. 39)
Dated Aug. 14, 1926
Company
Doc. No. 1298229
Filed Aug. 14, 1925, 4 :50 p.m.
Book 1359 of Mtgs., page 77
Consideration $6500.00
Metropolitan Life Insurance
Satisfaction of ortgage recorded
Company
in Book 1401 T•
41 to
Victor Hugo Adams and wife
(See Igo. 39)
Dated Dec. 13, 1928
Doc. No. 1518862
Filed Dec. 20, 1923, 4.50 p.m.
622
Book 1582 of lltgs., page
r
Victor Hugo Adams Highway Easement
Florence I.1ay Adams, wife Dated Oct. 9, 1926
(also known as Victor H. Filed April 5, 1927, 3:20 p.m.
Adams and V. H. Adams) Book 1121 of deeds, page 569
42 to Consideration $1.00
County of Hennepin The Northerly 7 feet of the East
Doc. No. 1411513 1/2 of Lot 2, Block 2, and the
Northerly 7 feet of Lot 1, Block 1,
e;:cept the East 5 feet and the East
20 feet of Lot 2, Block 1, all in
Steven's First Addition to Village
of Edina and the Southerly 40 feet of the East 80 feet of the Southwest
1/4 of the Southeast 1/4 of the Northeast 1/4 of Section 18, Township
28, Range 24 and the Southerly 40 feet of the ffest 132 feet of the
Southeast 1/4 of the Southeast 1/4 of the Northeast 1/4 of Section 18,
Township 28, Range 24 excepting from the last 2 described strips the
right of way of existing highways now located over and across said
last 2 described strips. And said grantors hereby give the County of
Hennepin the right to remove earth materials from and to waste earth
materials on a strip of land 11 feet In width on the Southerly side and
adjoining the above described_ strip as the same passes over and across
said Lots 1 and 2, Block 1, during; the period of construction.
Recites V. H. Adams in acknowledgment.
Victor Hugo Adams Highway Easement
Florence P: ay Adams, wife Dated Oct. 9, 1926
(also known as V. H. Adams Filed 11ay 9, 1927, 11 :30 a.m.
and Victor H. Adams) Book 1123 of Deeds, page 528
43 to Consideration, u1.00
County of Hennepin The 7 feet of ti -e East
Doc. No. 1417139 half of Lot 2, Block 2, and the
Northerly 7 feet of Lot 1, Block 1,
except the East 5 feet; and the
Northerly 7 feet of the East 20
feet of Lot 2, Bloch 1; all in
Steven's First Addition to Village of Edina; and the Southerly 40 feet
of the East 80 feet of the Southwest 1/4 of Southeast 1/4 of Northeast
1/4 of Section 18, Township 28, Range 24, and the Southerly 40 feet
of the West 132 feet of the Southeast 1/4 of Southeast 1/4 of Northeast
1/4 of Section 18, Township 28, Range 24, excepting from the last two
described strips, the right of way of existing highways now located over
and across said last two described strips. And said grantors hereby give
the County of Hennepin the right to remove earth materials from and to
waste earth materials on a strip of land 11 feet in width on the Southerl,
side and adjoining; the above described strip as the same passes over
and across said Lots 1 and 2, Block 1, during the period of construction.
This instr>>ment is re- recorded for t:le purpose of correcting the
description of the easement granted over part of Lot 2, Block 1, above
described, the original easement purporting to be over the East 20 feet
of Lot 2, whereas it should have been over the Northerly 7 feet of the
East 20 feet of Lot 2, Block 1. Re- record of #1411513 in Book 1121 of
Deeds, page 569. No certificate.
J
Nora May Dumert
Charles H. Dumert, husband,
owners
Isaac C. Cuvellier, Iv4ortgagee
44 to
The Public
Doc. Igo. 681782
County Surveyor, Hennepin
County, 114innesota
45 to
The Public
Doc. No. 1440048
Victor Hugo Adams
Florence May Adams,
46 to
Thorpe Bros.
Doc. No. 1515696
47
.•
Thorne Bros.
1 to
Margaret A. TI-lorpe
Doc. No. 1519160
Plat of "Stevens lst. Addition
to Tiinneapolis"
Dated June 20, 1912
Filed Jan. 7, 1913, 11:40 a.m.
Book 77 of Plats, page 13
Embraces: 11orth 1/4 of `Jest 1/2
of 1northeast 1/4 of Southeast 1/4
of Section 18, Township 28, Ranme 24.
Memo. Blocks 1 and 2, containing 7
lots each. (Shown for reference).
Plat of Auditor's Subdivision
Number 172
Dated Sept. 6, 1927
Filed Sept. 21, 1927, 9 :30 a.m.
Book 104 of Plats, page 10
East 1/2 of Northeast 1/4 and North-
east 1/4 of Southeast 1/4 of Section
18, Township 28, R«nFe 24, eycepting
part platted as Steven's First
Addition. Containing 63 lots numbered
1 to 6 3 inclusive.
Mortgage
wife Dated Nov. 24, 1928
Filed Dec. 5, 1928, 4 :50 p.m.
Bootie 1594 of ILitgs ., p, age 281
To secure payment of $6500.00
Asp =ignment of "�ort&-aCe recorded as
Doc. No. 1515696 (See No. 46)
Dated Dec. 21, 1928
Filed Dec. 22, 1c-28, 11 a.m.
Book 1554 of Htgs . , p,4-,e 571
Consideration 16500.00
L-argaret A. Thorpe Assignment of I,iortgage recorded in
to Book 1594 of Mtgs., page 281
James R. Thorpe (See No. 46)
Doc. No. 1523903 Dated Jan. 14, 1929
Filed Jan. 16, 1929, 4:50 p.m.
Book 1524 of Tritgs . , page 274
Consideration $1.00 etc.
James R. Thorpe Satisfaction of P "ortgage recorded in
49 to Book 1594 of Mltgs . , page 281
Victor Hugo kdams and wife (See No. 46)
Doc. No. 2094368 Dated Nov. 12, 1040
Filed June 18, 1941, 3:10 p.m.
Book 20'73 of 1, tgs . , rage 349
Regularly witnessed (two witnesses).
Acknowledged Nov. 19, 1940 by James
R. Thorpe before H. E. Heidemann, "Otary Public, Notarial Seal, Hennepin
County, Minnesota. Commaission expires Oct. 19, 1945.
.✓
Victor Hugo Adams
Florence Ivlay Adams,
50 to
D. W. Wallace
Mary Bomar Wallace
as joint tenants
Doc. No. 154 ?351
Warranty Deed
wife Dated June 1 1929
South 40 feet thereof
Subdivision Number One
( Shown for reference) .
2
Filed July 2, 1929, 2 :50 p.m.
Book 1197 of Deeds, -page 232
Consideration $1.00 etc.
The West 40 feet of the East 80
feet of the Southwest 1/4 of the
Southeast 1/4 of the 1lortheast 1/4
of Section 18, Township 29,
Range 24, Hennepin County, Minnesota.
Subject to a highway easement over the
said premises being now a part of Lot 36, Auditor's
Hundred Seventy —two (1?2) Hennepin County, 1.4inn.
Victor Hugo Adams and Warranty Deed
Florence 'Ma T Adacis, husband Dated Nov. 14, 1933
and wife
51 to
71itton H. Towle — —
Doc. No. 1738911
.day Adams, husband and
Seal, Hennepin County,
Filed Dec. 8, 1933, 11 :20 a.m.
Book 1205 of Deeds, page 345
Consideration $1.00 etc.
The Last 172 feet of Lot 36, Auditor's
Subdivision Number 172, Subject to
unpaid installments of special
assessments. Regularly witnessed
(two witnesses). Acknowledged Nov. 14,
1933 by Victor Huggo Adams and Florence
wife before C. L. Theis, Notary Public, Notarial
Minnesota. Commission expires July 14, 1936.
Wilton H. Towle, unmarried Limited 'Narranty Deed
52 to D.,,ted Nov. 14, 1933
Victor Hugo Adams riled Dec. 8, 1933, 11 :20 a.m.
Florence May Adams, wife as Book 1302 of Deeds, page 245
joint tenants Consideration $1.00 etc.
Doc. No. 1738912 The East 172 feet of Lot 36, in
Auditor's Subdivision Number 172.
Subject to unpaid installments of
special assessments. Re`rularly
witnessed (tvo witnesses). Acknowledge
1,1ov. 14, 1933 by Wilton H. Towle, unmarried before C. L. Theis, Notary
Public, Notarial Seal, Hennepin County, I:Zinnesota. Commission expires
July 14, 1936.
Victor Hugo Adams
Florence Lay Adams, husband
and w if e
53 to
Thomas Cordalis and Margaret
Cordalis, husband and wife, an
Undivided 112 interest as joint
tenants; and Russell T. Lund and
Rhoda S. Lund, husband and v,ife,
an Undivided 1/2 interest, as
joint tenants
Doc. No. 2097644
Adams, husband and wife, before H.
County, 1:innesota. (Notarial Seal)
(Shoran for reference.)
Warranty Deed
Dated June 30, 1941
Filed July 11, 1941, 3 p.m.
Book 1493 of Deeds, page 485
Consideration 81.00 etc.
East 22 feet of South 1/2 of Lot
36, Auditor's Subdivision Number
172, Hennepin County, I:linnesota.
Subject to unpaid installments of soec
taxes cf assessments heretofore
levieu anti not yet due and payable.
Revenue Sta,,ins 43.35
ReE4ularly witnessed (t ,,•io itTitnesses)
Acknowledged July 11, 1941, by
Victor Hugo Adams r'nd. Florence P:Iay
B. Lindholm, Notary Public , Hennepin
Commission expires Sept. 8, 1944.
Victor Hugo Adams and
Warranty Deed
Florence May Adams, his wife
Dated Oct. 10, 1945
54 to
Filed Oct. 15, 1945, 12:30 n.m.
Russell T. Lund
Book I11L. of Deeds, page i d
Doc. No. 2313905
Consideration X1.00 etc.
An Undivided 1 /2 interest in and
to the West 150 feet of the East
172 feet of t`e South 1/2 of Lot
36, Auditor's Subdivision Number
172, except the :ien of all un-
paid special assessments and
interest thereon. Revenue Stamps $8.80.
Regularly witnessed (two witnesses). Acknowledged Oct. 10, 1945 by
Victor Hugo Adams and Florence
May Adams, his wife before Frank J.
Hannon, Notary Public, Notarial
Seal, Hennepin County, Minnesota.
Commission expires Jan. 18,
1952.
Victor Hugo Adams and
Warranty Deed
Florence May Adams, his wife
Dated Oct. 10, 1945
55 to
Filed Oct. 15, 1945, 12:30 p.m.
George C. Kruse and Florence
Book O,')p /'of Deeds, page l,�
E. Kruse, his wife as joint
Consideration X1.00 etc.
tenants
An undivided one —half interest in
Doc. No. 2313906
and to the ',Test 150 feet of the
East 172 feet of the South 1/2 of
Lot 36, Auditor's Subdivision
Number 172, except the lien of all
unpaid special assessments and
interest thereon. Revenue Stamps
88.80. Ref- ularly witnessed
(two witnesses). Acknowledged Oct. 10,
1945 by Victor Hu`o Adams and Florence ?.'ay Ad. s.s, his ^,if e before
Frank Hannan, .votary Public,
Notarial Seal, Hennepin County, 1 innesota .
Com;�issi_on expires Jan. 18,
1952.
.�r
AP,
Russell T. Lund and Easement
Rhoda S. Lund, husband Dated Mar. 20, 1946
and wife, and George Filed July 30, 1946
C. Kruse and Florence Book 1687 of Deeds, page 397•
Kruse, husband and wife Consideration $1.00, etc.
56. to That the parties of the first part
Village of Edina, a hereby convey and warrant to the
municipal corporation party of the second part the
Doc. No. 2384717 following described real estate
in the County of Hennepin and
State of Minnesota, to -wit:
The West 10 feet of the West 150
feet of the East 172 feet of the South 1/2 of Lot 36, Auditor's Subdivision
One Hundred Seventy -two (172) and Witnesseth Further, That the said parties
of the first part in consideration of the sum of $1.00 and other
consideration to them in hand paid by the said party of the second part,
the receipt whereof is hereby acknowledged, do hereby grant, bargain, sell
and convey unto the said party of the second part, its successors and
assigns, forever, the right, power and privilege and an easement for use
as a public street and thoroughfare in, on and to the following described
real estate situate in the County of Hennepin and State of Minnesota,
to -wit: The North 25 feet and the West 40 feet of the East 162 feet of
the South 1/2 of Lot 36, Auditor's Subdivision One Hundred Seventy -two
(172) and the parties of the first part, for themselves, their heirs,
executors and administrators, do covenant with the said party of the
second part, its successors and assigns that they are well seized in fee
of the lands and premises aforesaid and have good right to sell and convey
the same in the manner and form aforesaid and that the same are free from
all encumbrances.
Russell T. Lund and Lease
Rhoda S. Lund, husband Dated Feb. 27, 1946
and wife and George C. Filed Aug. 12, 1946
Kruse and Florence E. Book 477 of Misc., page 162.
Kruse, husband and wife Rental: Lessee shall pay Lessors
57. to for each month of said term the
Gamble - Skogmo, Inc. sum of $870.00 plus an additional
(Delaware Corporation) amount each month equal to
(Corporate Seal) 11 /12th of 1% of the combined cost
Doc. No. 2387824 of said building and land in excess
of the sum of $87,000.00 as such
cost is determined hereunder. It
is agreed that the cost of said
land is the sum of $21,700.00 and that the cost of said building is the
actual cost thereof as shall be determined upon the completion of the
building. Upon the completion of said building and the rendering of the
same fit and available for the conduct therein by Lessee of its retail
store business, or upon the commencement of its said business therein
which ever event occurs earliest, the term of this lease shall commence
and shall continue for 20 years after the first day of the month next
following the date of the commencement of said term. That the Lessors
in consideration of the agreements herein contained do hereby lease to
the Lessee the following described premises situate in the Village of
Edina, County of Hennepin and State of Minnesota described as follows:
(continued)
K
Y"
(No. 57 continued)
The West 100 feet of the East 122 feet of the South 1/2 of Lot 36,
Auditor's Subdivision No. 172 subject to an easement granted over the
North 25 feet thereof for street or alley purposes together with the
one story building and basement to be built thereon as hereinafter
provided, and known as 3044- 46 -48 -50 West 50th Street, Edina, Minnesota,
together with the appurtenances and rights of way thereto belonging but
reserving to Lessors any second story and enclosed stairway thereto
which may be added to or incorporated in said building as hereinafter
provided for the purpose of selling merchandise at retail and such other
business as may be conveniently carried on in connection therewith.
Lessors shall at their expense erect and building on the front or
South portion of the premises hereinbefore described a one story
building and basement thereunder of the dimensions of approximately
100 feet front by 150 feet deep with an inside balcony approximately
50 feet square in the Northeast corner thereof, said building shall
be of concrete block construction and stucco exterior finish, shall
conform in style and appearance to the one story building located
on the East 22 feet of the South 1/2 of Lot 36, Auditor's Subdivision
No. 172, now occupied by a retail store known as "Herberger's" and
shall be of the general nature, size and description as shown in a
certain preliminary plan prepared by Glynne W. Shifflet dated
Feb. 8, 1946, except the part thereof contemplated to be built in
the rear of said "Herberger's" store and which part is not involved
in this lease.
(Abstracters Note: Articles of Incorporation, Amendments thereto and
Mergers of Lessee have not been shown.)
Russell T. Lund and
Assignment of Lease dated
Rhoda S. Lund, his wife
Feb. 27, 1946.
and George C. Kruse and
Dated Apr. 27, 1946
Florence E. Kruse, his wife
Filed Aug. 12, 1946
to
Book 477 of Misc., page 162.
Lund Kruse, Inc.
Consideration $1.00, etc.
(Minnesota Corporation)(Corp. Seal)
The West 100 feet of the East
Doc. No. 2387825
122 feet of the South 1/2 of
Lot 36, Auditor's Subdivision
No. 172, subject to an easement
granted over the North 25 feet
thereof for street or alley purposes;
together with the one -story building
and basement to be built thereon, and
known as 3944- 46 -48 -50 West 50th
Street, Edina, Minnesota, together with
the appurtenances and right of
way thereto belonging, but reserving
to said Lessors any second story and
closed stairway thereto which may be
added to or incorporated in said
building.
Lund Kruse, Inc. Articles of Incorporation
59• to Dated Apr. 20, 1946
Whom It Concerns Filed May 2, 1946
Doc. No. 2363474 Book 475 of Misc., page 257.
Its duration shall be perpetual.
4►,
r-
Russell T. Lund and
Warranty Deed
Rhoda S. Lund, his wife,
Dated Apr. 27, 1946
and George C. Kruse and
Filed June 7, 1946
Florence E. Kruse, his wife
Book 1625 of Deeds, page 8.
60. to
Consideration $1.00, etc.
Lund Kruse, Inc.
The West 100 feet of the East
(Minnesota Corporation)
122 feet of the South 1/2 of
Doc. No. 2372706
Lot 36, Auditor's Subdivision
(Minnesota Corporation)
No. 172. Subject to an easement
(Corporate Seal)
granted over the North 25 feet
62. to
thereof for street or alley
purposes. Subject also to a
certain lease dated the 27th day of Feb.
1946, between parties of the
first part as Lessors and Gamble - Skogmo,
Inc., a Delaware corporation
as Lessee.
Revenue Stamps $20.90
West 100 feet of the East 122 feet
Lund Kruse, Inc.
Mortgage
(Minnesota Corporation)
Dated July 5, 1946
(Corporate Seal)
Filed Aug. 12, 1946
61. to
Book 2246 of Mtgs., page 373.
The Towle Company
To secure payment of $140,000.00
(Minnesota Corporation)
Doc. No. 2387826
Lund Kruse, Inc.
Mortgage
(Minnesota Corporation)
Dated July 5, 1946
(Corporate Seal)
Filed Jan. 22, 1947
62. to
Book 2251 of Mtgs., page 228.
The Towle Company
To secure payment of $140,000.00
(Minnesota Corporation)
(For further terms and conditions
Doc. No. 2422057
see record.)
West 100 feet of the East 122 feet
of the South 1/2 of Lot 36,
Auditor's Subdivision Number 172,
Hennepin County, Minnesota, subject to an
easement granted over the North
25 feet thereof for street or alley purposes.
Also, beginning at a
point on the South line of Lot 36, Auditor's
Subdivision Number 172,
Hennepin County, Minnesota, which point
is distant 22 feet West from the
Southeast corner of said Lot 36; thence
North and parallel to the East
line of said Lot 36 a distance of 150.14
feet; thence East a distance of
•55 feet; thence Southerly to a point on
the South line of said Lot 36,
which point is .10 feet East of the point
of beginning; thence West .10
feet to the point of beginning.
Re- record of Doc. No. 2387826, recorded
in Book 2246 of Mtgs., page 373.
r
The Towle Company
Satisfaction of Mortgage recorded
(Minnesota Corporation)
in Book 2246 of Mtgs., page 373.
(Corporate Seal)
(See No. 61)
63. to
Dated May 5, 1947
Lund Kruse, Inc.
Filed May 5, 1947
Doc. No. 2437826
Book 2307 of Mtgs., page 423.
Lund - Kruse, Inc.
Assignment of Lease dated
(Corporate Seal)
Feb. 27, 1946.
64. to
Dated July 5, 1946
The Towle Company
Filed Aug. 12, 1946
Doc. No. 2387827
Book 477 of Misc., page 174.
(Minnesota Corporation)
Consideration $1.00, etc.
Doc. No. 2432906
The West 100 feet of the East
122 feet of the South 1/2 of
Lot 36, Auditor's Subdivision
No. 172 subject to an easement granted
over the North 25 feet thereof for
street or alley purposes together with
the one -story building and basement
to be built thereon, and known as 3944-
46 -48 -50 West 50th Street, Edina,
Minnesota, together with the appurtenances
and right of way thereto
belonging but reserving to said Lessors
any second story and closed
stairway thereto which may be added to
or incorporated in said building,
together with all rents and other sums,
including any amount to be paid as
exercise of any option to purchase, due
and becoming due thereunder, with
full right and authority to collect such
amounts and give receipt and
acquittance therefor. It is understood
that this assignment is absolute
and is effective immediately and includes
any extension or renewals of the
said lease. It is further understood that
this assignment is given as
additional security for the payment of
a mortgage loan of $140,000.00
made by assignee to assignor.
The Towle Company
Release of Assignment of Lease
(Corporate Seal)
recorded as Doc. No. 2387827.
65. to
(See No. 64)
Lund - Kruse, Inc.
Dated May 6, 1947
Doc. No. 2438588
Filed May 8, 1947
Book 534 of Misc., page 471.
Lund Kruse, Inc.
Mortgage
(Minnesota Corporation)
Dated March 31, 1947
(Corporate Seal)
Filed April 8, 1947
66. to
Book 2311 of Mtgs., page 74.
The Towle Company
To secure payment of $180,000.00
(Minnesota Corporation)
(For further terms and conditions
Doc. No. 2432906
see record.)
West 100 feet of East 122 feet
of the South 1/2 of Lot 36,
Auditor's Subdivision Number
172, Hennepin County, Minnesota. Subject to an easement granted over the
North 25 feet thereof for street or alley pruposes; also, beginning at
a point on the South line of Lot 36, Auditor's Subdivision Number 172,
Hennepin County, Minnesota, which point is distant 22 feet West from the
Southeast corner of said Lot 36; thence North and parallel to the East
line of said Lot 36 a distance of 150.14 feet; thence East a distance of
.55 feet; thence Southerly to a point on the South line of said Lot 36,
which point is .10 feet East of the point of beginning; thence West 10 /100
feet to the point of beginning.
Lund Kruse, Inc.
(Corporate Seal)
67. to
The Towle Company
(Minnesota Corporation)
Doc. No. 2432907
The Towle Company
(Minnesota Corporation)
(Corporate Seal)
68. to
The Mutual Life Insurance
Company of New York
Doc. No. 2441088
The Towle Company
(Minnesota Corporation)
(Corporate Seal)
69. to
The Mutual Life Insurance
Company of New York.
Doc. No. 2441245
Assignment of Lease recorded in
Book 477 of Misc., page 162.
(See No. 57)
Dated April 5, 1947
Filed April 8, 1947
Book 534 of Misc., page 302.
Consideration $1.00, etc.
Assignment of Mortgage recorded as
Doc. No. 2432906. (See No.
(See No. 66)
Dated May 21, 1947
Filed May 22, 1947
Book 2302 of Mtgs., page 68.
Consideration $1.00, etc.
Assignment of Lease recorded in
Book 477 of Misc., page 162.
(See No. 57)
Dated May 21, 1947
Filed May 22, 1947
Book 535 of Misc., page 608.
Consideration $1.00, etc.
The Council of the
Village of Edina
70. to
Whom it Concerns
Doc. No. 2745385
The Village Council of
the Village of Edina
71. to
lv ?hom it Concerns
Doc. No. 331+075+
k'ti(Yf ® 6h,41 1 ! 1 :
Certified Copy of Amendment of
the Ordinance of the Village of
Edina, Hennepin County, Minnesota
Dated April 8, 1952
Filed April 8, 1952
Book 641 of Misc., page 45
Amends zoning ordinance passed
by the said Village on the 25th
day of "lay 1931.
(For further particulars see record)
Certified Copy Ordinance No. 263
Adopted June 8, 1959
Filed April 6, 1962
Book of Misc., page
An Ordinance Prescribing
Procedure For the Approval
of Plats, Requiring Payment of
a Fee and Imposing Other
Requirements, Including the "la.king of Necessary Improvements in Lands
Previously Not Platted. (For further particulars see record)
The Village Council of
the Village of Edina
72. to
Whom it Concerns
Doc. No. 3340756
Village Council
Village of Edina
73. to
?whom it Concerns
Doc. No. 3588147
74.
Plats of Subdivision, Regulating Plats
for Relief in Cases of Hardship. (For
Certified Copy of Resolution
Adopted Jan. 27, 1958
Filed April 6, 1962
3ook of Misc., page
Resolution Declaring Policy
as to Approval of Plats and
Conditional Upon the Installation
of dater and Sanitary and Storm
Sewer Improvements.
(For further particulars see record)
Certified Copy Ordinance No. 263A
Dated Jan. 10, 1966
Filed Jan. 19, 1966
Book of Misc., page
An Ordinance Constituting the
Council as the Platting Authority
of the Village, Prescribing the
Procedure for the Approval of
and Subdivisions, and Providing
further particulars see record)
Village
Council
Certified Copy Ordinance rro. 263A -1
Village
of Edina
Dated
to
Filed November 27, 1967
?Whom it
Concerns
Book. of Misc., page
Doc. No.
3688232
An Ordinance Amending the Platting
Ordinance of the Village by
Requiring Underground Installation
of Electric and Telephone Lines.
(For further particulars see
record)
PHOTO ON? -Y ! ! ! ! !
I
The Village Council of the Certified Copy Ordinance No. 801 -1
Village of Edina, Minnesota Dated-- -
(Seal) Filed Dec. 18, 1970
75• to Book 70 of Hennepin County
Whom it Concerns Records, page 3862421
(No. 263A. -4 in ordinance arrangement
✓� before 1970 codification)
An Ordinance amending Ordinance No. 801 (263A) to require dedication of
land for parks and open space and land or easements for protection of
natural water bodies. (For further particulars see record)
Village Council, Village Certified Copy Ordinance No. 801 -2
of .?dina, Minnesota Dated - --
' (Corporate Seal) Filed Dec. 18, 1970
76• to Book 70 of Hennepin County
Whom it Concerns Records, page 3862422
(No. 263A -5 in ordinance
arrangement before 1970
codification) An Ordinance
amending Ordinance No. 801 (263A) of the Village by providing for
letter or credit to secure subdivision financing agreement and for
recording of agreement. (For further particulars see record)
Village Council of the Certified Copy Ordinance No. 801 -A3
Village of Edina, Dated-- -
"4innesota (Seal) Filed April 12, 1971
77• to Book 71 of Hennepin County
Whom it Concerns Records, page 3878409
An Ordinance Amending Ordinance
No. 801 of the Village by
providing for Subdivision Financing Agreement and Letter of Credit to
Secure Subdivision Financing Agreement and for recording of Agreement
and for Final Plat Approval Procedure. (For further particulars see record)
Village Council of Certified Copy Ordinance No. 801 -A4
Edina, Minnesota (Seal) Dated-- -
78• to Filed April 12, 1971
Whom it Concerns Book 71 of Hennepin County
Records, page 3878410
An Ordinance Amending; Ordinance
No. 801 of the Village to Require Land or Easements for Protection of
Natural dater Bodies. (For further particulars see record)
Village Council of the
Village of Edina,
Minnesota (Seal)
79• to
Whom it Concerns
Certified Copy Ordinance No. 801 -A5
Dated-- -
Filed April 12, 1971
Book 71 of Hennepin County
Records, page 3878411
An Ordinance Amending Ordinance
No. 801 of the Village by
Providing for Variances.
(For further particulars see record)
PHOTO ONLY 1111
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Or
Village Council of Certified Copy Ordinance No. 801 -A6
the Village of Edina, Dated-- -
Minnesota (Seal) Filed September 22, 1971
80. to Book 71 of Hennepin County
Whom it Concerns Records, page 3907687
An Ordinance amending Ordinance
Pdo. 801 of the Village to require
platting with residential rezoning, to require dedication of land or
contribution of cash for Parks and Playgrounds and for Final Plat
Approval Procedure.
(For further particulars see record)
U
City Council of Certified Copy Ordinance No.801 -A7
the City of Edina (Seal) Dated -
81. to Filed May 16, 197+
Whom it Concerns Book 74 Hennepin County Records
Page 4082542
An ordinance amending ordinance
No. 801 of the city providing
for rejection of preliminary
plats if not finally approved
within one year
(For further particulars see
record)
City
Council of
Certified Copy Ordinance No.801 -A9
Edina
(Seal)
Dated -
82.
to
Filed May 16, 1974
Whom
it Concerns
Book 74 Hennepin County Records
Page 4482543
An ordinance amending ordinance
No. 801 of the city to require
land o easements for protection
of natural water bodies.
(For further particulars see
record)
City
Council of the
Certified Copy Ordinance No. 801 -A8
City
of Edina (Seal)
Dated -
83.
to
Filed May 16, 197+
Whom
it Concerns
Book 74 Hennepin County Records
Page 4482544
An ordinance amending ordinance
No. 801 of the city to require
dedication of land or contribution
of cash for public purposes
(For further particulars see
record)
NO
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Gamble - Skogmo, Inc.,
a Delaware corporation
(Corporate Seal) as lessee
under that certain lease
dated Feb. 27, 1946 and
filed for record Aug. 12,
1946, as Doc. No. 2387824
and
The Mutual Life Insurance
Company of New York, a New
York corporation by way of
assignment of a lst Mortgage
dated March 31, 1947 and
filed for record April 8, 19
as Doc. No. 2432906.
Doc. No. 2471304
It
Agreement by Lessee with
Mortgage- assignee
Dated July 25, 1947
Filed Nov-3, 1947
Book 502 of Misc., page 572.
West 100 feet of the East 122
feet of the South 1/2 of Lot 36,
Auditor's Subdivision Number 172,
Hennepin County, Minnesota. Also
beginning at a point on the South
line of Lot 36, Auditor's
Subdivision Number 172, Hennepin
County, Minnesota, which point
k7 is distant 22 feet West from the
Southeast corner of said Lot 36;
thence North and parallel to the
P�asz line el salu Luu 3u u u_Ltiu autze
of 150.14 feet; thence East a
distance of .55 feet; thence
Southerly to a point on the South line of said Lot 36,which point is
.10 feet East of the point of beginning; thence West .10 feet to the point
of beginning, does hereby agree with Mutual, its successors and assigns
as follows: Notwithstanding the provisions of the last paragraph of Article
IV of said lease to the effect that the Lessee is thereby given the right
at its option of vacating said premises and terminating said lease in the
event the lessors thereunder shall neglect or refuse to make any repairs
or replacements of a substantial nature required to be made by them
thereunder and notwithstanding any other provisions of said lease, it is
hereby agreed by the Lessee that as long as the aforesaid first mortgage
remains unpaid and outstanding the Lessee in the event it may wish to
exercise its alternative right of vacating said premises and terminating
said lease on account of neglect or refusal of the lessors thereunder
to make any repairs or replacements of a substantial nature required to
be made by them thereunder, will give to Mutual at lease 90 days advance
written notice of such facts, and that during such 90 day period Mutual
shall be entitled to make or cause to be made such repairs or replacements
without expense to the Lessee and that if Mutual shall so make or cause to
be made such repairs or replacements during such period, the Lessee shall
not have any right of vacating said premises and terminating said lease
on account of such prior lack of repairs or replacements.
Agreed, by the Lessee that as long as the aforesaid first mortgage remains
unpaid and outstanding, the Lessee shall not be entitled to and will not
deduct from any rent or rentals pay or to become payable under said lease
any payments the Lessee may make on any mortgage or other lien on said
premises which is or shall be junior or inferior to the lien of said first
mortgage against said premises.
Lund Kruse, Inc. (Corp. Seal)
85. to
Whom It Concerns
Doc. No. 2471304
foregoing agreement
the lease described
foregoing agreement.
Consent
Dated July 23, 1947
Filed Nov. 3, 1947
Book 502 of Misc., page 572.
Lund Kruse, Inc., a Minnesota
corporation as fee owner of the
premises described in the
and as assignor of the original lessor's interest in
in the foregoing agreement does hereby consent to the
I'
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In the Matter of the Probate Court, Hennepin County,
86. Estate of Minnesota. Case No. - --
Henry L. Ware Certified Copy Will
Doc.No. 3442537 Dated Jan. 27, 1914
Admitted to Probate, Oct. 28, l91P,
Filed Nov. 13, 1963
Book 960 of Misc., page 60.
I give, devise and bequeath
unto Mrs. Louise Keyes Ware Stoner of Minneapolis, Minnesota, the homestead
whereon I now reside, which is situated in Hennepin County, State of
Minnesota and described as follows, namely: Commencing in the center
of the South line of the Southeast 1/4 of the Northeast 1/4 of Section 18,
Township 28, Range 24, at the Southeast corner of the land now owned by
J. Harry Bull, and running thence East along said South line 132 feet;
thence North at right angles 660 feet more or less, to the North line of
the Southeast 1/4 of said Southeast 1/4 of said Northeast 1/4 of said
Section 18; thence West at right angles 132 feet to the Northeast corner
of the land of said J. Harry Bull; thence South at right angles along
the East line of the land of said J. Harry Bull, 660 feet, more or less,
to the point of beginning, containing 2 acres, more or less, reserving an
easement for lane or alley purposes along and over the North 15 feet thereo_,
and subject to highway easement on the South as the road is now laid out.
To have and to hold the same to her, the said Mrs. Louise Keyes Ware
Stoner, her heirs and assigns forever.
I make, constitute and appoint my son -in -law, Edward A. Dawson, of Waverly,
in the County ofPremer and State of Iowa, to be Executor of this my
last Will and Testament,hereby revoking all former wills by me made.
(For further particulars see record.)
Russell T. Lund
Certificate
and First National Bank
Dated June 15, 1972
of Minneapolis (Corporate Seal)
Filed August 17, 1972
as Trustees under an Agreement
Book 72 of Hennepin County
dated June 12, 1963 with Russell
Records, page 3965156.
T. Lund for the benefit of
Do hereby certify as follows:
Kimberly Anne Lund, Russell
1. That by document dated June
T. Lund III, and Shauna
30, 1963 and filed December 9,
Lynn Lund
1963, in Book 2421 of Deeds,
87. to
page 420, the Trustees were
Whom It Concerns
conveyed a 1/2 interest in and to
the following described property:
Lot 2, Block 1, Replat of Lot 6,
Block 1, Lund Kruse Addition.
2. That the interest conveyed
to the Trustees by the Deed above
referred to in the land above
described is held by the Trustees
subject to the provisions of the Trust
Agreement attached hereto and made
a part hereof, said Trust Agreement
being one and the same agreement described
in the deed above referred to.
State Deed Tax Exempt.
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THIS AGREMONT, made and entered into at Minneapolis, Minnesota,
this 12th day of June, 1963, by and betveen.RUSSELL T. LUND, now a resident
of Hennepin County, Minnesota, as donor, and said RUSSELL T. LUND and FrM
RMONAL BANK. OF MLNNEAPOI=S, a national banking association having trust
powers and having its principal place of business in Hennepin COuaty, Minne-
sota, as trustees,
WIRNSSSETH THAT:
WHEREAS, the donor desires to establish irrevocable trusts for
the primary benefits of his grandchildren but creating immediate annuity
benefits for members of his fandly, which trusts will cover certain prop-
erties which are to be contributed to the trust estate and all additions
thereto or any nature from time to time, and
WHBRBAS, the trustees are willing to act as trustees thereof,
DOW, THSREPORE, in consideration of the premises, 1T IS HEREBY
AGE= by and between the parties hereto as follows;
I. ..
Creation of Original Trusts
A. Trusts Created Hereunder. Separate grandchildren's trusts
far the respective primary benefits of Kimberly Anne Lund, Russell T. Lund,
III, and Sbnima Lynn Lund, children of the donor's son, Russell T. Lund,
Jr., are hereby created which shall be 'administered pursuant to the pro-
visions of Article III or this agreement and other provisions hereof which
become applicable from time to time. The trusts bereinabove created, as
well as any hereafter created which are to be held under this agreement and
which are in eslsteuce from time to time hereunder, may be identified by
the now of the issue of the donor who is the primary beneficiary.
B. Trust Assets. A'schedule of certain properties which have
been transferred or are to be transferred to the trustees to constitute
the original assets of each of the trusts identified under paragraph A
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((' hereof is attached hereto a d is hereby by reference made a
Ca part of this i
agreement. The trustees hereby agree and undertake to hold, manage, ad- i
- C1 minister and distribute said properties and all additions thereto as the
assets of the respective trust estates upon the terms and conditions and
c for the uses and purposes set forth in this agreement.
.�i II.
N Disposition of Additions to General Trust Estate
The trustees shall have the power, in their discretion, to receive
and accept contributions from any source to any individual trust adminis-
tered under this agreement at any time which are earmarked as additions to t
such trust. Borever, in the event of contributions being made to the trust
estate generally without designation of a particular trust existing as a
part of the general trust estate, or in the event assets of
any trust here-
under become distributable ass part of the general trust estate, the assets
so becoming available for disposition as a part of the general trust estate
shall be disposed of forthwith upon the receipt of such assets as follows:
A. Dt__ position for Issue of Son. If
any one or more
• issue of the donor's son are living at the time of '
receipt of such assets, such asset& shall be allo-
cated among the then living issue of the donor's son,
• per stlrpes. Each share so allocated to a grandchild
of the donor who is under the age of thirty -five (35)
years shall constitute a trust (or become a part of
any existing trust) for the primary benefit of such
grandchild which shall be administered pursuant to
the provisions of Article III hereof.. Each share so
` allocated to the issue of a then deceased grandchild ,
.;r of the donor who is under the age of twenty - one -(21)
years shall constitute a trust (or become a part of
any- existing trust) for the primary benefit of such
Issue which shall be administered pursuant to the pro-
visions of Article W hereof. Each remaining share ;
N shall be distributed forthwith to the issue to whom
allocated.
B. Disposition if No Issue of Son. If no issue of the
ti donors son is living at the time of receipt of such
assets, the trust assets shall be disposed of as fol-
� lars: f
Q 1. If the donor's son, Russell T. Lund, Jr., i
is than living, said assets shall constitute a sep-
arate trust for his primary benefit which shall be
�s+d *h:o a ,.rl.•.yi�39,4..•41Giw'r'!3;r�w s3 ' _ _ -_ +,z � � - °= y���. ,u:� iiiz••4AS S: all s.,_.� e. u
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administered pursuant to the provisions of Article
V hereof; or
2. If no issue of the donor is then living,
said assets shall be distributed forthwith to such
persons as would be determided to be the donor's
heirs -at -law, had he then died intestate (whether
or not be is actually then living), under the statutes
of descent of the State of Minnesota in force at the
execution of this agreement and in the shares prescribed
by said statutes.
III.
Grandchildren's Trusts
The trusts for the primary benefits of Kimberly Anne Lund,
Russell T. Lund, M. and Shauna Lynn Lund, and likewise each other trust
existing frog time to time for the benefit of a grandchild of the donor
shall each be administered as follows:
A. Income. During the term of the trust, the net in-
cose shall be paid_to and among say or all members of
a class consisting of such of the grandchild who is
the primary beneficiary and his issue as may be living
at the time of payment of each particular installment
of net income in such shares as the corporate trustee,
In its sole discretion, deems advisable; provided that,
In its sole discretion, said trustee may'also .withhold
all or any part of the net income and accumulate the
same and add it to principal insofar as permitted by
I".
B. Principal Invasion. During such term, the trustees
my also pay to aqy or all members of the class des -
cribed in paragraph A bereof such sums of principal
as the corporate trustee, in its sole discretion, deems
advisable.
C. Distributions to Benericia . Upon said grandchild's
attaining fo o rag ages be shall become entitled
to, and the trustees shall distribute to him, the fol-
lowing portions of the trust estate: at age twenty-
five (25), eoe -half (112) of the then principal; and
at age thirty-five (35), all of the then remaining
assets of the trust.
D. Terminatica Provisions. In the event of the death of
said grandc ld fore attaining the age of thirty -five
(35) years, the trust assets shall be distributed to
Ids issue rho survive him, per stirpes, or if no issue
of his survives him, said assets shall be continued
In trust or distributed in the same manner as provided
for the entire general trust estate under the appU-
cable provisions of Article II if said assets had been
received thereunder immediately following said grand -
child'* actual death.
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administered pursuant to the provisions of Article
V hereof; or
2. If no issue of the donor is then living,
said assets shall be distributed forthwith to such
persons as would be determided to be the donor's
heirs -at -law, had he then died intestate (whether
or not be is actually then living), under the statutes
of descent of the State of Minnesota in force at the
execution of this agreement and in the shares prescribed
by said statutes.
III.
Grandchildren's Trusts
The trusts for the primary benefits of Kimberly Anne Lund,
Russell T. Lund, M. and Shauna Lynn Lund, and likewise each other trust
existing frog time to time for the benefit of a grandchild of the donor
shall each be administered as follows:
A. Income. During the term of the trust, the net in-
cose shall be paid_to and among say or all members of
a class consisting of such of the grandchild who is
the primary beneficiary and his issue as may be living
at the time of payment of each particular installment
of net income in such shares as the corporate trustee,
In its sole discretion, deems advisable; provided that,
In its sole discretion, said trustee may'also .withhold
all or any part of the net income and accumulate the
same and add it to principal insofar as permitted by
I".
B. Principal Invasion. During such term, the trustees
my also pay to aqy or all members of the class des -
cribed in paragraph A bereof such sums of principal
as the corporate trustee, in its sole discretion, deems
advisable.
C. Distributions to Benericia . Upon said grandchild's
attaining fo o rag ages be shall become entitled
to, and the trustees shall distribute to him, the fol-
lowing portions of the trust estate: at age twenty-
five (25), eoe -half (112) of the then principal; and
at age thirty-five (35), all of the then remaining
assets of the trust.
D. Terminatica Provisions. In the event of the death of
said grandc ld fore attaining the age of thirty -five
(35) years, the trust assets shall be distributed to
Ids issue rho survive him, per stirpes, or if no issue
of his survives him, said assets shall be continued
In trust or distributed in the same manner as provided
for the entire general trust estate under the appU-
cable provisions of Article II if said assets had been
received thereunder immediately following said grand -
child'* actual death.
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IV.
Trusts for Issue of Grandchildren
Each trust for the primary.benefit of an issue of a deceased
grandchild of the donor shall be administered as follows:
A. Income. The entire net income shall be accumulated
and added to principal so long as the issue who is
the primary beneficiary is living or until earlier
termination of the trust.
B. Principal Invasion. The trustees may pay to said
issue or to any one or more of his issue such sums
of principal as the corporate trustee, in its sole
discretion, deems advisable for the support, main-
tenance or general welfare of said issue and his
Issue.
C. Distribution to Beneficiary. Upon said issue's at-
taining the age of twenty -one (21) years, he shall
became entitled to, and the trustees shall distribute
to his, all of the then remaining assets of the trust.
D. Distribution at Death. In the event of the death of
said issue before attaining the age of twenty -one
(21) years, the remaining trust assets shall be dis-
tributed to his issue who survive bin, per stirpes;
or if no issue of his survives him, to the issue who
survive him of the issue of the donor who was his most
proximate lineal ancestor who leaves issue then living,
per stirpes; or if no issue of said deceased issue and
no issue of any such ancestor survives him, said as-
sets shall be continued in `trust or distributed in the
same manner as provided for the entire general trust
estate under the applicable provisions of Article rl
If said assets had been received thereunder immediately
faUa+ing said issue's actual death.
Trust for Son
The trust for the primary benefit of the donor's son, Russell T.
IAnd, Jr., shall be admIaiatered as follows:
A.. Income. During the term of the trust, the net in-
come s ll be paid to the donor's son; provided that,
in its sale discretion, the corporate trustee may
withhold all or any part of the net income and accumu-
late the same and add it to principal insofar as per-
mitted by law.
H. Principal Invasion. During such term, the trustees
say also pay to.said son, such sums of principal as
the corporate trustee, in its solo discretion, deems
advisable.
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C. Termination Provisions. UPon the death of said son
Z upon the or a blrth doption) of further issue of
said soap whichever, event occurs earlier, the trust
assets shall be continued in trust or distributed
In the same manner as proviged for the entire !
trust estate under the applicable general
n if Bald assets had ben received thereunder immedcle
lately fallowing said earlier event.
VI.
General Trust provisions
Hotwithatanding anything apparently to the contrary elsewhere
contained in this agreement:
A. perpetuities Saving Clause. Each trust, if not sooner
rminated pursuant to other provisions hereof, shall
terminate tventy -one (21) years after the death of the
survivor of such of the donor, his son, all issue of
his son and the beneficiaries named in paragraph g
hereof, as are living at the date of execution of this
agreement. Any trust assets governed by a statute or
rule of law under which termination at the date above
Prescribed would render the trust invalid shall be dis-
tributed on the last date on which such assets can
validly remain in trust (and in the event such governing
statute or rule depends upon specified lives in being,
those who are living at the date of execution hereof of F
the Bob of the donor, the issue of his son and the bene-
ficiaries named in Paragraph H hereof, shall be used as
such lives in order of age, taring the youngest first).
In the .event of termination of a trust in whole or in
P&rt under this paragraph A, distribution shall be made
forthwith to the primary beneficiary of said trust.
H. Afterboru Grandchildren. In the event that during the
U?et ne oft donor s son and after the execution of
this agreement aqy further grandchild of the donor shall
be born to or adopted by such son, the assets of all
separate trusts for the benefit of the other children
Of the donor's son or the issue of deceased children of
such -ebild of the donor shall be redivided and reallo-
cated in such Manner as will result in the creation and
existence of trusts of equal value, subject to the pro-
visions of the first sentence of Article II hereof and K
to the provisions of paragraph I of this Article VI, for
the respective benefits of all of the children (and col-
lectively the Issue of deceased children) of said son
who have not already received distribution of their re-
spective trust shares, including such grandchild born
Or adopted after the execution hereof.
C- BeMalnders Added to Trusts. An s
this Y bare of any trust under
agreement whic becomes distributable outright to
or is'to be continued in an apparently separate trust for
an issue of.the donor who is the primary beneficiary of
as existing trust under this agreement shall become a part
Of such eiiating trust, subject always to the r.
of P�apha A and B of this Article VI. Prrnrisioas
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D. Spendthrift Clause. Neither principal nor income of
any trust nor any beneficiary's interest therein, while
undistributed in fact, shall be subject to alienation,
assignment, encumbrance, appointment or anticipation
by the beneficiary, nor to garnishment, attachment, exe-
cution or bankruptcy Proceedings, nor to claims for ali-
mony or support or any other claim of any creditor or
other person against the beneficiary, nor to any other
transfer, voluntary or involuntary, from the beneficiary.
ED"Vver, the trust beneficiaries and trustees shall have
the power to renounce or disclaim, in whole or in part,
any of the interests, rights, or powers conferred upon
then by this agreement,
1. Accumulations. Any income which at any time cannot
lawfully be accumulated for a beneficiary as required
by or permitted under this agreement shall be distributed
to him currently commencing at the time when such accumn_
laden would first become unlawful.
Paymen
F . Methods of t. All payments of income or principal
authorized hereunder may be made by expending the same
for the beneficiary's benefit, and, in the case of a
beneficiary who is a minor or under other legal disa-
bility, say be made directly to the beneficiary himself,
despite his disability, or to his parent, custodian or
legal guardian.
G. Illustration of Discretionary Benefits. Discretionary
Payments for any of the donor s issue may include such
expenditures for elementary, secondary and higher edu-
cation, graduate and professional study, assistance in
connection with marriage, acquisition and furnishing
Of a hone and commencing s desirable business, as the
corporate trustee, in its sole discretion, thinks suit_
able for such issue, in the light of the needs of the
Primary beneficiary of the trust, if other than such
Issue, and of the needs, aptitudes and separate estate
Of such issue and the value and expected duration of
the trust from which the Payments are to be made.
Y• Overriding Truss Provisions. During the lifetime of
the donor's brother, Henry T. Lund, the trustees shall
Pay to said Henry T. Lund the sum of Two Hundred Fifty
Dollars ($250) per month and after his death shall pay
to his wife, Theme P. Lund, during her lifetime the
sun of One Hundred Twenty Five Dollars ($125) per month.
During the lifetime of the donor's sister, Doris Quist-
Beard, the trustees shall pay to said Doris Qvistgaard
the sus of Two Hundred Fifty Dollars ($250) per month
and after her death shall pay to her husband, J. A.
Wilhelm Qvistgaard, the sum of One Hundred Twenty Five
Dollars ($125) per month. Such payments shall commence
immediately upon the receipt of assets hereunder. Be-
fore distribution of any portion of any trust hereunder
All such payments shall be made ratably from the income,
ar, if the corporate trustee, in its sole discretion,
deems it advisable, from the. principal of all trusts
Roder this agreement. In the event that distribution
Of any trust bereunder should be required by the other
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provisions of this agreement, when any of said above-
annuitants is living, the corporate trustee may
make such provisions as it, in its sole discretion,
deems advisable for the continuation of said annuity
V3
benefits, it being'the donor's recommendation, hovever,
'
that it either set aside and withhold, during the
eoatimration of said benefits, a portion of the trust
p
estate otherwise distributable hereunder or that it
'
purchase a non - refund type of annuity from an estab-
�.,
lisped insurance company which will guarantee the re-
j _y
dining Paymeats_ hereunder. After so providing for
the continuation of said annuity payments the trustees
_
shall proceed to make any such distributions required
by the other provisions of this agreement insofar as
_
¢onsistegt with this paragraph.
I. Charging Advances of Principal. The dollar amount of
all advances of principal of any trust held for the
primary benefit of say issue of the donor which are
made to a particular issue of such primary beneficiary
shalt be charged, without interest, against the ultimate
trust or distributive share of such member or of those
who become entitled to his share, except that neither
the trust nor any beneficiary thereof shall be entitled
to any refund if the total amount of said advances ex-
ceeds the ultimate share of such issue.
•
VII.
Trustees and Their Powers
A.. Successor.Trustee. In'tbe event said Russell T. Lund should'
die, resign or for any other reason should cease to serve as a trustee of
any trust bereunder the donor's am, Russell T. Lund, Jr. may qualify as a
J
CO- trustee at the time hereinafter specified by filing his written accept-
ance with the corporate trustee. The corporate trustee upon said Russell
T. Luad's ceasing to serve shall notify said Russell T. Lund, Jr. promptly
cf his e7;�bility hereunder and said Russell T. Lund, Jr. shall then have
a period of six months so to file his Witten acceptance. In the event
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said Russell T. Lied, Jr., should also fail, so to qualify, or, after quali-
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!ring should cease to serve, he shall not be replaced and the corporate
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trustee thereafter shall serve alone.
H. Certificate as to Trustees. All third parties dealing with
C)
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the trustees mLy accept a certificate of First National Bsni[ of kinneapolis,
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bearing its seal and executed by any one or more of its officers or persons
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pmrpaxting to be such,, as to the identity of the duly qualified and acting
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trustees of any trust hereunder at any time, and such certificate as to
such third parties shall be conclusive in all respects.
C. Bond Waiver. It shall not be required that any of the trusts
hereunder be qualified in court at any time, but should such qualification
be determined on by the trustees, the same shall be had in the court of
appropriate jurisdiction of Hennepin County where the corporate trustee has
its principal place of business. In the event of such qualification, no
bond shall be required of any trustee hereunder.
D. Duties and Povers of Particular Trustees. The duties, powers
and rights of the trustees Shall be exercised in full by them and their
successors, whether or not nominated and appointed by this agreement, pro-
vided, however, as follows:
(1) No individual who for any reason may become a co- trustee
bereuader shall participate in the exercise of any discretionary
parer to distribute principal or income to himself or his issue
or for his or their benefits;
(ii) While either the donor or his son is acting as an in-
dividual trustee of any trust hereunder with the corporate trustee,
in the event of a difference of opinion between such individual and
the corporate trustee respecting the investment or reinvestment of
fronds of the trust or respecting the retention or disposal of any
properties constituting a part of the assets of the trust, the
determination of said individual acting in such capacity shall be
conclusive with respect to such matters; the corporate trustee
shall then be relieved of any responsibility or liability with
respect to the matters so determined by said individual; however,
subject to the provisions of Article VIII hereof, all third parties
dealing with the trustees may rely conclusively on the authority
of any one of the trustees to sell; purcbase, invest, reinvest or
retain or otherwise act with respect to assets of the trust with-
out duty on their part to inquire as to the —n r in which the
determination to sell, acquire or otherwise deal with assets was
arrived at;
(iii) The corporate trustee alone shall have the duties of
custody and safekeeping of assets and of maintenance of proper
boots, records and accounts; and
(iv) If the corporate trustee should become consolidated or
merged vith-another corporation or otherwise should reorganize, any
resulting corporation which succeeds to the trust business of the
'corporate trustee shall become a trustee hereunder in lieu of the
original corporate trustee.
Y. General7Powers and Duties of Trustees. The trustees and their
successors, if any, trom time to time (whether roamed in this agreement or
otheraise), and those to whom the duties, powers, rights, privileges or
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discretion of the trustees may be delegated (unless the instrument of
delegation itself otherwise requires)•, in extension and not in limitation
of the powers provided by applicable law or by other parts of this agree -
ment, shall have with respect to each particular trust hereunder the follow-
ing powers, rights, privileges and discretion (or, where so provided,
duties) exercisable without approval, order or license of any court:
1. To sell, exchange, mortgage, lease, convey, encumber, pledge
or otherwise dispose of any property of the trust, whether
real, personal or mixed, upon any terms whatever and to any
person, although a trustee, beneficiary or agent hereunder,
or to any corporation or other entity. The power to lease
or ground lease any real estate shall be exercisable for any
term, whether or not extending beyond the period of adminis-
tration of any actual or possible trust hereunder.
2. To invest and reinvest principal of the trust in such proper-
ties as they deem for the best interests of the trust, with -
out limitation by any statute, rule of law or regulation of
any governmental body limiting the investment of funds by
corporate or individual trustees in or to certain kinds of
Investments or prescribing the values or proportions which
map be invested in any one property or kind of property.
Specifically, and without limiting. the generality of the
foregoing, the above power shall include the power to invest
and reinvest assets of the trust which may be available for
such investment in preferred and common stocks and stocks of
any other kind or class of any corporation, .interests in in-
vestment trusts and shares of a common trust fund, in corporate
or other bonds, promissory notes and debentures or other
obligations, secured or unsecured; in insurance policies on
the life of any person other than the donor, and in annuity,
endowment or other special policies or contracts offered by
any insurance company; in any lease, mortgage or other interest
in real estate; in any interest in mineral, gas, oil or timber
properties or other wasting assets; and in any partnership or
other business enterprise, however organized and for whatever
purpose. No investment shall be deemed improper or unauthorized
merely because any of the trustees or their successors may have
an interest in the property acquired.
3. To retain any asset received from the donor, from his probate
estate or from any other source, until such time as it deems
It advisable to dispose of the same. Specifically, and without
limiting the generality of the foregoing, this power of reten-
tion is applicable (I) to stock of First Bank Stock Corporation,
U corporation with which the trustee is affiliated, and by which
it Is controlled, and to other assets in which the trustee or
Its successors may have an interest, which stock or assets may
be retained, notwithstanding such affiliation, control, or in-
terest, without any different or additional responsibility
beyond that applicable to other assets of the trust; and (Si)
to *bars* of or Interests in Lund- Kruse, Inc., or any other
assets, irrespective of the ratio of the value of such assets
to the valve of all assets of the particular trust, notwith-
standing normal rules requiring diversification. It is
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specifically understood that.the assets hereof may be
invested entirely in common stock or entirely in real estate
ar interests therein without regard to ordinary rules of
diversification or investment.
h►. To hold shares of corporate stock or other assets of the
trust in their own names, with or without disclosure of
fiduciary capacity, or in the name of a nominee, or in any
other meaner, and to exercise all rights and powers respect-
ing any securities or other property of the trust which
could be exercised by any competent adult owning the same
in his own name.
5• To deposit cash funds of the trust in the commercial or
savings departments of the corporate trustee or of any
affiliated or other bank or trust company or in any other
depositary.
6. To borrow money for any purpose which they, in their sole
discretion, deem advisable from any source, notwithstanding
that any of them may have a financial interest in such
source, and to pay any reasonable interest on such borrow-
Inge for any term.
7. To pay any net income unpaid or accrued at the death of any
trust beneficiary to the next succeeding beneficiary and not
to his estate.
8. To allocate receipts and disbursements between principal and
Income in their sole discretion, except.as otherwise expressly
provided for in this agreement, it being recommended, however,
that they allocate to principal all dividends paid in stock of
the paying corporation, all subscription rights, and all
premium and discounts on Investments,' without amortization.
9. To divide the trust, determining values and designating parti-
cular assets for the beneficiaries; to assign or hold undivided
interests in any property of the trust, and to make distribu-
tIons and payments in cash or in kind or in both.
10. To make payments of trust Income in regular installments,
preferably.quarterly or more frequently wherever possible.
11. To combine the assets of separate trusts under this agreement
for the purpose of more convenient administration or invest-
ment for any period of time, preserving the sepazste character
of the beneficiaries' proportionate shares, and to merge the
assets of any trust hereunder with those of any other trust,
by whomsoever created, maintained for the same beneficiaries,
with the same trustees, and upon substantially the same terms.
12. To delegate authority to agents and proxies for the administra-
tion of the trust, with liability only for reasonable care in
their selection, conferring on such delegates both ministerial
and discretionary powers and duties, and paying them.reasonable
compensation from the trust. The trustees shall not be pre-
vented from employing any of their number or any beneficiary
bersundar in connection with ary business or other enterprise
and from paying reasonable compeasatiea merely because of the
fiduciary capacity.
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13. To exercise every pdver not specifically granted by this
agreement
vblch may be necessary to enable them to create,
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continue, operate, expand and change the form of any part-
DershIP, JcLint venture; corporation or other business.
To compromise, settle and adjust all tax an - d other problems
and to perform a611 other acts Which they deem necessary or
advisable for the complete administration of the trust.
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Vin.
Limitations on Powers Over Trust
Notv'tbst&-Ung aaytb:LzLg contained in this agreement or any statute
Or rule Of law to the contrary:
A. T-1-fUtion on Powers. None of the powers conferred
' �
o;� mire trustees or other persons shall (I) enable any
Person to purchase, exchange or otherwise deal with
or dispose of the corpus or the income of the trust
for 10996 than an adequate consideration in money or
moveyle Vortb; or (ii) enable the donor or any other
contributor to the trust to borrow the corpus or
IDCOMM of the trust directly Indirectly
or without
adequate Interest or adequate security, or (iii)
enable an agent, servant or other person in a non-
fiduciary Capacity, without the approval or consent
Or the trustees, to exercise the Power to vote
securities, to control investment or reinvestment
of the trust funds, or to reacquire the trust corpus
by substituting other property of an equivalent value.
D. Irrevocabilit This agreement and each trust created
be in all respects irrevocable and
neither the donor nor any other contributor to the
♦
trust estate or any part thereof nor any other person
shall have any to
power Modifyy, amendp or revoke any
tract hereunder or this agreement in
say respect,
*Xc&Pt as the same may be Indirectly affected by dis-
claimer an bereinabove provided.
C- t:C—ItIOM of Reversion. The donor shall not be
to hh- —anyreversionaxy interest whatsoever
In this trust and In the event any
such reversionary
interest shall arise or be construed
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to exist, the
sane 'a hereby specifically conferred upon such persons
n.
as would be determined to be the donor's heirs-at-law
(whether or be
not is living), had he died Intestate
at the data such reversionary
interest arises, under
the statutes of descent of the State of Minnesota
in
force at the execution of this agreement and in the
shares prescribed by said statutes.
D. Construction. This agreement sb&U be in all re_
GPOcts_construed in such a manner that no income of
any trust hereunder and no capital gains sbAU be
d"-d t—b1O to tbft donor for purposes of federal
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feminine and the singular includes the plural (and vice versa), and the
following terse have the following meanings:
A.. Issue. "Issue" means all persons who are descended
from the person referred to, either by legitimate
• Mirth to or legal adoption by him or any of his
.legitimately born or. legally adopted descendants.
IL Child. "Child" means an issue of the first generation.
C. Grandchild. "Grandchild" grans a child of a child.
A. Per Stirpes. "Per stirpes" means in equal shares among
living children and the issue of deceased children, the
latter taking by right of representation.
Issue hereafter born or adopted shall not be excluded from any benefits ex-
pressly conferred upon issue generally by this agreement. In the event of
asw disclaimer of any interest in any trust hereunder, the interest so dis-
claimed thereafter shall be disposed of in the manner provided in this
WOestmat as though the death of the person disclaiming had occurred at
Us time of disclaimer or remarriage, as the case may be'.
X.
Governing Law
Sbe sites of each trust hereunder shall be in the State of M aw-
sota and the laws of the State of Minnesota existing from time to time (ex-
cept as any limitations imposed by the same mtW lawfully have been removed
or ealarVed by the provisions hereof) Shall govern in all respects the
determination of the validity and the interpretation, construction and so-
forcemeat of this agreement. \
IN WITKRSS WZ?UDpp, the donor and individual trustee has hereunto
met his hand and the corporate trustee bas caused thig instrument to be
esacuted by its duly authorized officers and its seal to be hereunto
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state income tax, and so that no part of the
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corpus of say trust hereunder shall be includable
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for purposes of federal or state, inheritance or
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other death taxes in the estate of the donor.
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IX.
Definitions and comments
As used herein, where appropriate, the masculine includes the
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feminine and the singular includes the plural (and vice versa), and the
following terse have the following meanings:
A.. Issue. "Issue" means all persons who are descended
from the person referred to, either by legitimate
• Mirth to or legal adoption by him or any of his
.legitimately born or. legally adopted descendants.
IL Child. "Child" means an issue of the first generation.
C. Grandchild. "Grandchild" grans a child of a child.
A. Per Stirpes. "Per stirpes" means in equal shares among
living children and the issue of deceased children, the
latter taking by right of representation.
Issue hereafter born or adopted shall not be excluded from any benefits ex-
pressly conferred upon issue generally by this agreement. In the event of
asw disclaimer of any interest in any trust hereunder, the interest so dis-
claimed thereafter shall be disposed of in the manner provided in this
WOestmat as though the death of the person disclaiming had occurred at
Us time of disclaimer or remarriage, as the case may be'.
X.
Governing Law
Sbe sites of each trust hereunder shall be in the State of M aw-
sota and the laws of the State of Minnesota existing from time to time (ex-
cept as any limitations imposed by the same mtW lawfully have been removed
or ealarVed by the provisions hereof) Shall govern in all respects the
determination of the validity and the interpretation, construction and so-
forcemeat of this agreement. \
IN WITKRSS WZ?UDpp, the donor and individual trustee has hereunto
met his hand and the corporate trustee bas caused thig instrument to be
esacuted by its duly authorized officers and its seal to be hereunto
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affixed, all as Of the day and year first above written.
In Presence Of:
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FIRST RATIONAL BARK OF PCOM.APOLIS
By
Its vice Fieside�nt
And
.00 RAT EqL:
Trustees
STATE Cr A)
SS
On this � day of , 196 ,1, before me, a Notary
Public within and for said Count ?di. sonally appeared RUSSELL T. L(JND, to
me Imava to be the Person descri a= who executed the foregoing in-
strument as donor and individual, trustee, and acknowledged that he executed ed
the as his flee act and deed.
(AotarLal seal) ILls9i
wMM 5�I="
T Fes_ Lsaa�p(a C^1eM/. arm
I�R �.. -.mn F�c�ira� py4 u llli
9TAM2 OF IOTA) SS
COUM OF )) W
On this p day of ( Z LQ , 1963, before aye a Not
Public within and for said County personally appeared ,�
and T. traose , to we Personally knova, who being each by me
7 s'b�, say t t t y are respectively the Vice President and
AUM."R se.-aeTARY of FIRST RATIONAL BARK OF XXNMIUU IS, the national
ng ass t named ed in the foregoing instrument; that the seal affixed
to said instrument is the seal of said association; that said instrument
was signed and sealed in behalf of s al by authority of its
so ion
Board of Directors; and said � L � _ and I. T. *urRom
aclmovledged said instrument to be the free act and deed of said association.
(Notarial Baal) / ( eA,
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sc seflcaa aW As= OF FESP43CTM 0[tIGIM =ten
XLaher7 /lase Lund Trust
41 2/3 ahares of the #lpp par a,. cossIn capital
stock of Lund X--, Inc., a Minaesota corporation.
=osseu T. Lund III ?nut
41 2/3 shares of the $100 par value cosrnn capital
sLoei at Lund, Inc., s Minnesota corporation.
�a�.nn Lund hyst .
41 2/3 shares of the $100 par ♦aloe common capital
stock of Load J�r+se, Inc., a ![imesots corporation
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Charles W. Goulding and
Elizabeth Lee Goulding,
husband and wife
88. to
The Minneapolis Savings
and Loan Association of
Minneapolis, Minnesota.
Doc. No. 2401382
vacated or to be vacated, together with
and appurtenances thereunto attached.
(Shown for reference.)
r-
Mortgage
Dated Oct. 5, 1946
Filed Oct. 9, 1946
Book 2251 of Mtgs., page 255.
To secure payment of $4500.00
(For further terms and conditions
see record.)
Lot 15, Block 2, "Abbotts and
Sundbys, Addition" to Minneapolis,
including any portion of any
street or alley adjacent thereto,
all rights, privileges, easements
Lund Kruse, Inc.
Limited Warranty Deed
(Minnesota Corporation)
Dated June 30, 1963
(Corporate Seal)
Filed Dec. 9, 1963
89• to
Book 2421 of Deeds, page 420
Russell T. Lund and
Consideration $1.00, etc.
First National Bank of
An undivided one -half interest
Minneapolis as Trustees
in and to West 100 feet of the
under an Agreement dated
East 122 feet of the South Half of
June 12, 1963, with Russell T.
Lot 36, Auditor's Subdivision
Lund for the benefit of
Number 172, Hennepin County,
Russell T. Lund III, Kimberly
Minnesota, subject to an easement
Anne Lund and Shauna Lynn Lund
granted over the North 25 feet
Doc. No. 3447882
thereof for street or alley
purposes; Also, beginning at a
point on the south line of Lot 36,
Auditor's Subdivision Number 172,
Hennepin County, Minnesota, which point
is distant 22 feet West from the
southeast corner of said Lot 36; thence
north and parallel to the east
line of said lot 36 a distance of 150.14
feet; thence east a distance of .55
feet; thence southerly to a point on the
south line of said Lot 36, which
point is .10 feet east of the point of beginning;
thence west .10 feet to
the point of beginning.
Also, Lot 2, Replat of Lot 6, Block 1, Lund
Kruse Addition.
Subject to restrictions, reservations and
easements of record, if any.
Subject to that certain mortgage dated July
5, 1946, filed January 22, 1947,
and recorded in Book 2251 of Mtgs., page
258 in favor of the Towle Company,
a Minnesota corporation, which the trustees
hereby assume as to an
undivided 1/2 thereof and agrees to pay
1/2 of the debt evidenced thereby as
it becomes due. Except the lien of all
unpaid special assessments and
interest thereon.
State Deed Tax Stamp $7.15
Revenue Stamps $7.15
x
Lund Kruse, Inc. Limited Warranty Deed
(Minnesota Corporation) Dated June 30, 1963
(Corporate Seal) Filed Dec. 9, 1963
90. to Book 2421 of Deeds, page 422.
Florence E. Kruse and Consideration $1.00, etc.
George C. Kruse An undivided one -half interest
Doc. No. 3447883 in and to: West 100 feet of the
East 122 feet of the South Half
of Lot 36, Auditor's Subdivision
Number 172, Hennepin County,
Minnesota, subject to an easement granted over the North 25 feet thereof
for street or alley purposes.
Also, beginning at a point on the south line of Lot 36, Auditor's
Subdivision Number 172, Hennepin County, Minnesota, which point is distant
22 feet west from the southeast corner of said Lot 36; thence north and
parallel to the east line of said lot 36 a distance of 150.14 feet; thence
east a distance of .55 feet; thence southerly to a point on the south line
of said Lot 36, which point is .10 feet east of the point of beginning;
thence west .10 feet to the point of beginning.
Also, Lot 2, Replat of Lot 6, Block 1, Lund Kruse Addition.
Each of the parties of the 2nd part owns an undivided 1/4 interest in all
of the above described premises.
Subject to restrictions, reservations and easements of record, if any.
Subject to that certain mortgage dated July 5, 1946, filed January 22, 1947,
and recorded in Book 2251 of Mtgs., page 258, in favor of the Towle
Company, a Minnesota corporation, which each of the parties hereby assumes
as to an undivided 1/4 thereof and agrees to pay 1/4 of the debt evidenced
thereby as it becomes due.
Except the lien of all unpaid special assessments and interest thereon.
Revenue Stamps $7.15
State Deed Tax Stamps $7.15
In the Matter of the District Court, State of Minnesota,
90A. Application of 4th Judicial District.
Cordova Properties, Inc. Case No. 16224
(No Corporate Seal) Certified Copy Application
to Register Title to Dated Aug. 3, 1966
Certain Land. Filed Aug. 19, 1966
Doc. No. 3619402 Book 65 of Appins., page 585•
Lots 5, 6 and 8 to 12 inclusive,
Block 11, Dean's Addition to
Minneapolis. That part of the
South half of Lot 35, Auditor's Subdivision Number 172, lying West of the
East 13 feet thereof. That part of the North half of Lot 35, Auditor's
Subdivision Number 172, lying South of Allata's First Addition.
The East 22 feet of the South half of Lot 36, Auditor's Subdivision
Number 172, except that part thereof described as follows: Beginning at a
point on the South line of said Lot 36, which point is distant 22 feet
West from the Southeast corner of Lot 36; thence North and parallel to the
East line of said Lot 36 a distance of 150.14 feet; thence East parallel
to the South line of said lot a distance of .55 feet; thence southerly to
a point on the South line of said Lot 36, which point is .10 feet East of
the point of beginning; thence West .10 feet to the point of beginning.
The names and residence of all persons or parties, except the applicant,
who appear of record, or who are known to the applicant to have or claim
any right, title, estate, lien or interest in the above described land:
Name Street or Avenue Town or City County State
Lunds, Incorporated,
a Minnesota
corporation 1450 West Lake Minneapolis Minnesota
Henrietta (address unknown)
Applicant does not desire to register the boundary lines of said premises.
(Shown for reference.)
In the Matter of the District Court, State of Minnesota,
91. Application of 4th Judicial District.
Cordova Properties, Inc. Case No. 16224
(Corporate Seal) Certified Copy Amended Application
to Register Title to Dated April 3, 1967
Certain Land. Filed May 9, 1967
Doc. No. 3654327 Book 66 of Appins., page 533.
This amended application is made
a part of the original application
dated August 3, 1966 by James T. Cordalis, President of Cordova Properties,
Inc.
Lots 5, 6 and 8 to 12 inclusive, Block 11, Dean's Addition to Minneapolis.
That part of the South half of Lot 35, Auditor's Subdivision Number 172,
lying West of the East 13 feet thereof.
That part of the North half of Lot 35, Auditor's Subdivision Number 172,
lying South of Allata's First Addition.
The East 22 feet of the South half of Lot 36, Auditor's Subdivision Number
172, except that part thereof described as follows: Beginning at a
point on the South line of said Lot 36, which point is distant 22 feet
West from the Southeast corner of Lot 36; thence North and parallel to the
East line of said Lot 36 a distance of 150.14 feet; thence East parallel
to the South line of said lot a distance of .55 feet; thence Southerly
to a point on the South line of said Lot 36, which point is .10 feet East
of the point of beginning; thence West .10 feet to the point of beginning.
Applicant does desire to register the West boundary lines of said Parcels
3 and 4. The names and addresses of the ownersof adjoining lands affected
by the establishment of boundary lines are:
Names P. 0. Address
Christ C. Lee & Sons, Inc. 4412 Washburn Avenue South
Minneapolis, Minnesota
Russell T. Lund 4814 Lakeview Drive
Minneapolis, Minnesota
and
First National Bank of 120 South Sixth Street
Minneapolis Minneapolis, Minnesota
as Trustees for
Russell T.
Lund, III, Kimberly
4814 Lakeview Drive
Anne Lund
and Shauna Lynn Lund
Minneapolis,
Minnesota
Florence E.
Kruse
4701 Townes
Road
Minneapolis,
Minnesota
Geroge C.
Kruse
4701 Townes
Road
Minneapolis,
Minnesota
(Shown for
reference as to boundary
lines.)
Ching Johnson
Builders,
Incorporated
(Minnesota Corporation)
(No Corporate Seal)
92. vs.
Lund & Kruse Company
Doc. No. 3679314
Mechanic's Lien
Dated October 3, 1967
Filed October 5, 1967
Book 351 of Liens, page 129.
Claim $2,416.86
Lot 36 of Auditors Subdivision
172.
(3948 -West 50th Street
Edina, Minnesota)
Last Item: July 29, 1967.
Ching Johnson Builders, Inc. Lis Pendens
93. vs. Case No. 652132
William E. Proffitt Estate, Dated June 28, 1968
Lund -Kruse Co., John Doe Filed July 25, 1968
and Jane Doe Book 68 of Hennepin County
Records, page 3726748.
The purpose of said action is to
establish and foreclose a lien
or liens of record in Book 351 of Liens, page 129, on Lot 36, of Auditors
Subdivision 172 (3948 West 50th Street, Edina, Minnesota) for the sum of
$2,416.86.
94. Taxes for 1974 and prior years paid.
Taxes for 1975, amount $19,692.02, first 1/2 paid, second 1/2 not paid on:
Commencing on South line of Lot 36 at a point 122 feet West of Southeast
corner thereof; thence North to North line of South 1/2 of said Lot; thence
East 100 feet; thence South parallel with East line of said Lot to a point
150 14/100 feet North of South line thereof; thence East 55/100 feet;
thence Southerly to a point on South line of said Lot 100 10 /100 feet East
from beginning; thence West to beginning, Lot 36, Auditor's Subdivision
No. 172.
Assessed in name of Kruse, as Non - Homestead; Plat #73970, Parcel #2450.
(Edina #24)
95. Certifications by Title Insurance Company of Minnesota cover records in
Register of Deeds' Office as to Federal Internal Revenue Lien Notices,
Minnesota Income and Inheritance Tax Lien Notices. Also probate or
incompetency proceedings in the indexes to Estates of Deceased persons
and Wards in the office of the Clerk of Probate Court.
96. For Judgment and Bankruptcy Search see Certificate attached.
�I�
No. 706128
%W-,
Verified by
CERTIFICATE ON JUDGMENT LIEN, FEDERAL TAX LIEN AND BANKRUPTCY DOCKETS
THE COMPANY HEREBY CERTIFIES that it has made a search of the Judgment Lien and Bankruptcy Dockets in
the following named Courts:
District Court, Fourth Judicial District, Hennepin County, Minnesota,
United States District Court, District of Minnesota, Fourth Division,
and finds no bankruptcy proceedings and no unsatisfied judgments and no undischarged notices of Internal Revenue Tax
Liens appearing therein against the names hereon between the dates set opposite the respective names, except as shown
hereon.
THE COMPANY FURTHER CERTIFIES that it has made a search of the Federal Tax Lien Docket in the
United States District Court, District of Minnesota, Third Division,
and finds no undischarged notices of Internal Revenue Tax Liens against the names hereon, between the dates set opposite
the respective names, except as shown hereon.
(Note: Where any name appears hereon with a middle initial, no search is made as to any names having middle initials different from
that shown hereon.)
NAMES
Russell T. Lund as Trustee )
under Agreement dated June 12, 1963 )
First National Bank of Minneapolis )
as Trustee under Agreement dated )
June 12, 1963 )
George C. Kruse
Mrs. George C. Kruse
Florence E. Kruse or )
Florence Kruse )
DATES
June 24, 1965 June 25, 1975,7AM
June 24, 1965 June 25, 1975,7AM
June 24, 1965 June 25, 1975317AM
June 24, 1965 1 June 25, 197S,7AM
June 24, 1965 ' June 25, 1975,7AM
Note: No search made versus Lessee in ocument Number 238p824.
Dated at Minneapolis, this 2 5 th day of June 19 7 5
TITLE INSURANCE COMPANY OF MINNESOTA
7
form No 8 By '`'fi'/ i / z'_- ....f' Asst. Secretary