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Otate of AtnnOota, s3.
Countyof ............ HENNEPIN ........... ...............................
The foregoing instrument was aeknowledded before me
this ... a. ...... day of .......... D e. C. emhex ........ ............................... 19.7.5... ......... by JOSEPH B. MOORE and JANE E. R. MOORE,
husband and wife.
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y ................ ..... .............................
4'pfi ON ACKNOWLEDGED)
PE; O RS A ..... .. ............................... ...
(SIG PERSON TAKING ACKNOWLEDGMENT)
J. N. DA4CPd ......... ...............................
THIS INSTRUMENT WAS DRAFTED BY ary Pu�� 0fteFN*-'dunty, Minn.
This { 9,4 was ed 6Y My Commission Expires July 25, 1977,
........... ................................ . ...................... . ......................... .. ......... I .......... I ........._
Dorsey,, P0 ry z; °i, WindhOntt, MW 1 u `.a -�y
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lac "Sy. "ji D HEREIN E N SHALL B PRO RE Y
SENT TOe
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Mailing Address
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Name of Grantee
Mailing Address
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Warranty De
Individual to
Miller-Davis Co., Minneapolis
Form No. 3-M. Minnesota Uniform Conveyancing Blanks (Revised 1974)
xbt"� Men uret made, this...... A ................................................. day of ............ D.P,.q.em1nT ............................... 197..5......,
between .......,JOSEPH.. B.... MOORE ... and...JANE..E....R....MOORE.,...husband ... and .... Wif.e. ................... .........................................
of the County of ......... #enaepin ..................................................... and State, of ......... Xinn.eg.Q.ta ..........................................................
part-ies. of the fors part, and ....... CITY ... OF ... EDINA ...... a ... muni.cipal ............................. I .............................................................
...........................................
.......... * ....... ...... * ..... ** ..... ..... * ..................
a corporation under the, laws of the State of ................... Minnesota . . .
........ .......................... I party of the second part,
Wit=% 0b, That the said partA.§-..r?.. of the first part, in consideration of the SU7n Of
One Dollar ($1.00) and ... other good and valuable consideration ---- '7 -B e fTL-.+R S,
................... ................. .................. good 7777777 ......
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 aento the said party of the second part,
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successors and a signs, Forever, all the tract...... or parcel...... of land lying and being in the County
......... . ..................................... and State of Minnesota, described as follows, to-wit:
Ito jabe� aub to 0alb the dame, Together with all the hereditaments and appurtenances
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thereunto belonging, rm anywise. appertaining, to the said party of the second part, its successors and
'
assigns, Forever. Ind the said....... Jo.seph ... B_..Mo.oxe...aud ... Jaue ... ....... .......... ..........................................
.................................................... ...................................... I ................................................................................................................................................................
parties ... of the first art, for-theMs.elVe
.1gi.r .............. heirs, executors and administrators, do............
covenant with the sal party of the second part, its successors and assigns, that ...... ;tPY ... AKP ..................... well
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seized in fee of the la ds and premises aforesaid, and have..... good right to sell and convey the, same in
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manner and form a resaid, and that the same are free from all incumbrances,
This Instrument is Exempt from
State Deed Tax
ai�ed and g7 premises, in the quiet and peaceable possession of the
.Ind the above barg -anted lands and P7
said party of the seco'4 part, its successors and assigns, against all persons lawfully claiming or to claim,
the whole or any part hereof, subject to 17?,CUMbrances, if any, hereinbefore mentioned, the said partLes....
of the, fast part will ; arrant and Defend.
3111 TeVir
hand-s. the day and
Wbfftd, The said partA-es. of the first part have...... hereunto set........ their .......
first above written.
.............
. ..................................................
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J6�9 6H B MO�m
.. ........ .................... ........ ...... ......... I ..................................
.... . .. ... ':!E le_..] .... .... . . . . ...................................... .....
.......... I ................................................... I .......................................................... .
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Description:
That part of Government Lot Four (4), Section Thirty -
three (33), Township One Hundred Seventeen (117), Range
Twenty -one (21), described as follows: Commencing at
a point in the West line of said Government Lot 4 distant
18 rods south of the Northwest corner thereof; thence
South along the West line of said Lot 4 to the Southwest
corner thereof; thence East along the South line of said
Lot 4 to a point distant 978.5 feet west of the South-
east corner of said Lot 4; said point being the actual
point of beginning of the tract of land to be described;
thence East along the South line of said Government Lot
4 a distance of 368 feet to a point 37 rods west of the
Southeast corner of said Lot 4; thence North parallel
with the East line of said Lot 4 a distance of 20 rods,
more or less, to an intersection with a line which com-
mences 47 rods west of the East line and 40 rods North
of the South line of said Government Lot 4, and which
runs in a southeasterly direction to a point in the East
line of Government Lot 5 in said Section 33 distant 50
rods South of the Northeast corner of said Lot 5; thence
Northwesterly along said aforementioned line to a point
40 rods south of the North line of said Lot 4 and 47 rods
west of the East line of said Lot 4; thence west parallel
with North boundary line thereof three rods; thence north-
westerly to a point formed by the intersection of a line
drawn northerly from the actual point of beginning,
parallel with the East line of said Lot 4, with a line
drawn from the initial point of commencement to a point
hereinabove described as being 40 rods south of the
North line and 50 rods west of the East line of said
Government Lot 4; thence from said point of intersection
southerly parallel with the East line of said Lot 4 to
the actual point of beginning, according to the Govern-
ment Survey thereof, Hennepin County, Minnesota.
Subject to easement in public road along portion of the
South line of said land as shown in Deed Document No.
215829, Files of Registrar of Titles; also
Subject to a building restriction as contained in Deed
Document No. 215829, Files of Registrar of Titles.
41 ,
AGREEMENT FOR PURCHASE
AND GIFT OF REAL PROPERTY
THE UNDERSIGNED, JOSEPH B. MOORE and JANE E. R. MOORE, husband and
wife, (herein called "Sellers ") acknowledge receipt this date from the CITY
OF EDINA, a Minnesota municipal corporation, (herein called "Buyer ") of the
sum of One Hundred and No /100 Dollars ($100.00) as earnest money and in part
payment for the purchase of the property located at 5100 Grove Street in the
City .of Edina, County of Hennepin, and State of Minnesota, which property is
legally described on Exhibit A attached hereto and made a part hereof, together
with all garden bulbs, plants, shrubs and trees, all storm sash, storm doors,
detachable vestibules, screens, awnings, window shades, blinds (including
venetian blinds), curtain rods, traverse rods, drapery rods, lighting fixtures .
and bulbs, plumbing fixtures, hot water tanks and heating plant (with any
burners, tanks, stokers and other equipment used in connection therewith),
water softener and liquid gas tank and controls (if the property of Sellers),
sump pump, television antenna, incinerator, built -in dishwasher, garbage
disposal, ovens, cook top stoves and central air conditioning equipment, if
any, used and located on said premises; all of which property Sellers have
this date sold to the Buyer for the sum of Seventy -five Thousand One Hundred
and No /100 ($75,100.00).
Sellers and Buyer acknowledge and agree that the actual fair market
value of the above property as of the date hereof is at least One Hundred
Ten Thousand and No /100 Dollars ($110,000.00), as evidenced by the appraisal
thereof made by Mrs. Ottis BogaarJ, dated November 25, 1975. Buyer hereby
acknowledges receipt of a gift from Sellers in the amount of at least Thirty-
five Thousand and No /100 Dollars ($35,000.00), being the difference between
the total purchase price to be paid by Buyer for the property and the actual
fair market value thereof.
Buyer agrees to pay the purchase price set forth above in the
following manner:
(i) $100.00 Down payment herewith paid; and
(ii) $75,000.00 Pursuant to terms of a promissory note
(the "Note ") in form and substance
identical to Exhibit B attached hereto•
and made a part hereof.
Said Note shall be executed by Buyer and delivered to Sellers on the date
of closing, which date shall be on or before December 31, 1975. It is
understood and agreed, however, that said Note shall only be evidence of
Buyer's obligation to pay Sellers the balance of the purchase price pursuant
to the terms therein contained and shall not be considered as payment of the
balance of such purchase price.
Subject to performance by the Buyer, the Sellers agree to execute
and deliver to Buyer a Warranty Deed and Owner's Duplicate Certificate of
Title conveying marketable title to said premises, subject only to the
following exceptions:
(a) Building and zoning laws, ordinances, State and
Federal regulations.
(b) Restrictions relating to use or improvement of the
premises without effective forfeiture provisions
and which do not interfere with Buyer's intended use
of the premises.
(c) Utility and drainage easements.
(d) Reservation of minerals or mineral rights to the State
of Minnesota.
On or before the date of closing the Sellers will pay in full all
real estate taxes payable with respect to the premises in 1975 and prior
years, and all special assessments levied against the premises as of the date
of closing.
Buyer hereby grants to Seller the right to use and possess the
premises until June 1, 1976; provided, however, that in the event that circum-
stances or events beyond the control of Sellers shall create a hardship for
Sellers to surrender possession of the premises to Buyer on June 1, 1976, then
Sellers shall be entitled to the further right to use and possess the premises for
such additional reasonable period of time, not later than September 1, 1976,
-2-
as may be necessary. Sellersshall notify Buyer in writing of the date Sellers
will surrender possession to the Buyer,and Buyer will acknowledge, in writing,
the surrender of such possession. The interest forgone by Sellers on
the balance of the purchase price pursuant to the terms of the.Note is in
lieu of rental for the premises. During such period of possession subsequent
to the closing data, Sellers will pay for all utilities used on the premises,
will maintain the premises in as good a condition as exists on the date of
closing, will hold the Buyer harmless from any claims for damage to the
property or injury to persons occuring on or about the premises, and. will. at
their expense keep the premises unceasingly insured against fire and extended
coverage risks for the benefit of Buyer for at least the sum of $35,000.00.
Sellers shall also pay all real estate taxes payable with respect to the
premises in 1976 as the same become payable during 1976, in default of which
Buyer may deduct such sum from the next payment due under the Note. Sellers
shall remove all of their personal property from the premises on or before
the date on which they vacate the premises. Any property not so removed shall
become the property of the Buyer and may be used or disposed of.in whatever
manner it desires. The terms, covenants and agreements contained in this
paragraph shall survive the date of closing.
Closing shall take place at the offices of Buyer at 4801 West 50th
Street, Edina, Minnesota 55424.
Buyer acknowledges that it has received and examined a Registered
Property Abstract of the premises dated December 3, 1975, and is willing to
accept title to the premises as exists on such date.
All notices permitted or required hereunder shall be in writing and
shall not be deemed given unless served personally or deposited in the United
States mails, postage paid, addressed to or served upon the parties at the
following addresses, or such other address as the other party shall be given
notice of
If to Buyer: City of Edina
4801 West 50th Street
Edina, Minnesota 55424
Attention: Mr. Greg Luce
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i
If to Sellers: Mr. & Mrs. Joseph Moore
5100 Grove Street
Minneapolis, Minnesota 55436
Such addresses may be changed by either party by written notice to the other
party in the manner herein provided.
IN WITNESS WHEREOF, The Sellers and Buyer have caused this instru-
ment to be executed this,,`' � day of December, 1975.
-4-
Jph B. Moore
Jane E. R. Moore
Exhibit A
Description:
That part of Government Lot Four (4), Section Thirty -three (33),
Township One Hundred Seventeen (117), Range Twenty- one-(21),
described as follows: Commencing at a point in the West line of
said Government Lot 4 distant 18 rods south of the Northwest corner
thereof; thence South along the West line of said Lot 4 to the
Southwest corner thereof; thence East along the South line of said
Lot 4 to a point distant 978.5 feet west of the Southeast corner of
said Lot 4; said point being the actual point of beginning of the
tract of land to be described; thence East along the South line of
said Government Lot 4 a distance of 368 feet to a point 37 rods
west of the Southeast corner of said Lot 4; thence North parallel
with the East line of said Lot 4 a distance of 20 rods, more or
less, to an intersection with a line which commences 47 rods west
of the East line and 40 rods North of the South line of said
Government Lot 4, and which runs in a southeasterly direction to
a point in the East line of Government Lot 5 in said Section 33
distant 50 rods South of the Northeast corner of said Lot 5; thence
Northwesterly along said aforementioned line to a point 40 rods
south of the North line of said Lot 4 and 47 rods west of the East
line of said Lot 4; thence west parallel with North boundary line
thereof three rods; thence northwesterly to a point formed by the
intersection of a line drawn northerly from the actual point of
beginning, parallel with the East line of said Lot 4, with a line
drawn from the initial point of commencement to a point hereinabove
described as being 40 rods south of the North line and 50 rods west
of the East line of said Government Lot 4; thence from said point
of intersection southerly parallel with the East line of said Lot
4 to the actual point of beginning, according to the Government
Survey thereof, Hennepin County, Minnesota.
Subject to easement in public road along portion of the South line
of said land as shown in Deed Document No. 215829, Files of
Registrar of Titles; also
Subject to a building restriction as contained in Deed Document No.
215829, Files of Registrar of Titles.
Exhibit B
PROMISSORY NOTE
$75,000.00
Edina,.Minnesota
December jk, 1975
FOR VALUE RECEIVED, The CITY OF EDINA, a Minnesota municipal
corporation, does hereby promise to pay to JOSEPH B. MOORE and JANE E. R.
MOORE, husband and wife, the principal sum of Seventy-five Thousand and
No /100 Dollars ($75,000.00), together with interest on the unpaid balance
thereof from and after April 1, 1976 at the rate of six percent (6%) per
The principal amount hereof shall be due and payable in five (5)
annual installments of Fifteen Thousand and No /100 Dollars ($15,000.00)
each commencing January 15, 1976, and continuing on each January 15th
thereafter to and including January 15, 1980. Accrued interest shall be
paid together with each principal installment payment.
All payments due hereunder shall be made in lawful money of the
United States at 5100 Grove Street, Edina, Minnesota 55436, or at such other
address as may be designated by the payees by written notice to the City of
Edina.
The City of Edina hereby waives presentment, demand, protest,
notice and diligence in the collection of all sums owing under this Note.
This note is not negotiable and may not be assigned or transferred
by the above named payees, and may not be enforced by any person or entities
other than said payees or their heirs, representatives, administrators or
executors.
This Note shall be governed by and construed in accordance with
the laws of the State of Minnesota.
CITY OF EDINA
is Mayor
ty Manager