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HomeMy WebLinkAbout1932/F3z DORSEY, MARQUART, WINDHORST, WEST 8, HALLADAY DONALD WEST JOHN 5 HIBBS 2300 FIRST NATIONAL BANK BUILDING THOMAS R MANTHEY BRADFORD L. FERGUSON WALDO F. MAROUART ROBERT 0. FLOTTEN WILLIAM R. HIBBS ROGER J. MAGNUSON JOHN W WINDHORST HENRY HALLADAY JOHN D LEVINE ROBERT J. STRUYK MINNEAPOLIS, MINNESOTA S S 4 0 2 PHILIP F. BOELTER WILLIAM B. PAYNE J. ROBERT HIBBS JAY F. COOK JULE M. HANNAFORD MICHAEL A. OLSON ROBERT A HEIBERG STANLEY M. REIN ARTHUR B. WHITNEY LA RRY W. JOHNSON JOHN D. KIRBY CHARLES L. POTUZNIK RUSSELL W. LINDOUIST THOMAS S. HAY ( 612)'340 — 2600 R. A. SCHWARTZBAUER VERLANE L ENDORF DAVID R. BRINK G. LARRY GRIFFITH DAVID N. FRONEK DENNIS BURATTI HORACE HITCH VIRGIL H. HILL CRAIG A. BECK DAVID L McCUSKEY CABLE: DOROW THOMAS W TINKHAM JON F. TUTTLE GEORGEANN BECKER ROBERT HOBBINS ROBERT V. TARBOX ROBERT J. JOHNSON THOMAS O. MOE JAMES H. O'HAGAN TELEX: 29 -0605 EMERY BARTLE WILLIAM A JOHNSTONE BARRY D. GLAZER PETER HENDRIXSON M. B. HASSELOUIST JOHN M.MASON TELECOPIER:(612) 340 -2868 JOHN P. VITKO NICKY R. HAY PETER DORSEY MICHAEL W. WRIGHT STEVEN K. CHAMPLIN IRVING WEISER GEORGE P FLANNERY CURTIS L. ROY LARRY L. VICKREY LOREN R. KNOTT 1466 W —FIRST NATIONAL BANK BUILDING DON D CARLSON MICHAEL J. RADMER STEPHEN GOTTSCHALK THOMAS ELKINS ARTHUR E. WEISBERG PHILLIP H. MARTIN ST. PAU L, M 1 N N ESOTA 55101 PAUL J. SCHEERER KENNETH J. CUTLER DUANE E. JOSEPH REESE C. JOHNSON (612) 227 -8017 DAN F. NICOL DAVID OUINLAN JAMES B. VESSEY CHARLES J. RAUENSTEIN MICHAEL TRUCANO JAMES PIELEMEIER WILLIAM A WHITLOCK CHARLES A. GEER -- WILLIAM J, KEPPEL GARY M. JOHNSON E J. SCHWARTZBAUER THOMAS M. BROWN JOHN C. ZWAKMAN JOHN R.WICKS JONATHAN VILLAGE CENTER KENNETHIVERSON JAMESAFLADER THOMAS W. FINN LYNN KROMINGA CORNELIUS D. MAHONEY EUGENE L. JOHNSON CHASKA, MINNESOTA 55318 DAVID L BOEHNEN JAY L. BENNETT THOMAS S. ERICKSON WILLIAM C. BABCOCK JOHN W WINDHORST. JP MICHAEL PRICHARD (612) 448 -4012 LAWRENCE R. OLIVER FRANK H. VOIGT MICHAEL E BRESS WILLIAM R. SOTH WILLIAM E. MARTIN RAYMOND A. REISTER RICHARD G SWANSOI. WILLIAM H HIPPEE, JR JOHN J. TAYLOR FAITH L OHMAN 115 THIRD STREET SOUTHWEST ROBERT A. BURNS OF COUNSEL BERNARD G. HEINZEN DAVID A. RANHEIM ROCHESTER, MINNESOTA 65901 TONI A. BEITZ GEORGE E. ANDERSON WILLIAM J. HEMPEL ROBERT J. SILVERMAN (507) 286 -3156 MICHEL A LAFOND ROBERT L VANFOSSEN December 9, 1975 Mr. Ken E. Rosland Edina Director of Parks and Recreation 4801 West 50th Street Edina, Minnesota 55424 Re: Grimes House Dear Ken: I enclose four copies of a_ heritage preservation easement. This is the easement you advised me Mrs. Walsh is willing to grant to the City of Edina for historic preservation of the Grimes house. Please review the same and call me if you have any questions or comments. I am sending a copy of this letter, together with a copy of the easement, to Mr. Hyde and to Mr. Dunwiddie, also,for their review and comments. I have labeled the document as an easement and have also used the language, to the greatest extent possible, of an easement. This is because I wish to make the restrictions in the document, and the rights of the City relating to the subject property, perpetual. However, it is possible that the restrictions imposed by this "easement" could be classified as "restric- tive covenants." Should they be deemed to be restrictive covenants, then, by Minn. Stat. §500.20, they "cease to be valid and operative 30 years after the date of the... instrument... creating them; and after such period of time they may be wholly disregarded." Certainly, the mere designation of the document as an easement does not preclude the argument that these are merely restrictions; however, nothing is lost by calling the rights given "easements" instead of restrictions. I do, however, want you to be aware of this problem. If the document is in acceptable form, I suggest that at least two copies be signed by Mrs. Walsh. Once signed, please send a copy to me so that I can place it of record. The other copy may be maintained in the City's file. If you have any questions, please advise. Very truly yours, Y TSE /abc T �oma S. Erickson Enclosures cc: Mr. Foster W. Dunwiddie Mr. Warren C. Hyde rr�\ uu!�► -� t "ilk'! f'I' �..i,.__ ..... '_U` � 13 2-- city of �Edlna 4801 WEST FIFTIETH STREET • EDINA, MINNESOTA 55424 927.8861 This will acknowledge receipt of the following documents which have been delivered by the City of Edina: Abstracts of Title Nos. 406535, 409351 and 118651 for the Northeasterly 95 feet of Southwesterly 145 feet of Lot 15, Melvin Grimes Subdivision of Lots 8, 9 and 10, Grimes homestead; Warranty Deed No. 2736907 :4ortgage Deed No. 3372853 Satisfaction of Mortgage No. 3523428 Dated this 5th day of January, 1975. DORSEY, MARQUART, WINDHORST, WEST & HALLADAY DONALD WEST JOHN S HIBBS 2300 FIRST NATIONAL BANK BUILDING THOMAS R. MANTH EY BRADFORD L. FERGUSON WALDO F. MA QUART ROBERT 0. FLOTTEN WILLIAM R. HIBBS ROGER J. MAGNUSON JOHN W. WINDHORST JOHN D. LEVINE MINNEAPOLIS, M I N N E S O TA 55402 PHILIP F SOELTER J. ROBERT HIBBS HENRY HALLADAY ROBERT J. STRUYN WILLIAM B. PAYNE JAY F. COON JULE M. HANNAFORD MICHAEL A. OLSON ROBERT A. HEIBERG STANLEY M. REIN ART RUSSELL W.WLIINDQUIST THOMAS 5 HAY (6 (612) 340- 2600 JOHN D. KIRBY RA SCHWARTZBAUER CHARLES L. ENDOR POTUZNIK DAVID R. BRINK G LARRY TX DAVID N. FRONEN DENNIS U ATTI VIRGIL HITCH VIRGIL H. HILL CRAIG A BECK BECK DAVID L. MCCUSKEY CABLE: DOROW THOMAS W TINKHAM JON F. TUTTLE GEORG NN BEI ROBERT ANN BINS ROBERT HOBBINS ROBERT V. TAR OX THOMAS 0. MOE TELEX: 29-0605 EMERY W BARTLE BARRY D GLAZER ROBERT J. JOHNSON JAMES H. O'HAGAN WILLIAM AJOHNSTONF PETER HENDRIXSON M. B. HASSELOUIST JOHN M. MASON TELECOPIER: (612) 340 -2868 JOHN P VITK� NI R NAY PETER DORSEY MICHAEL W. WRIGHT STEVEN N CHAMPLIN TRYINVIN G WEISER GEORGE P. FLANNERY CURTIS L ROY LARRY L. VICKREY LOREN R. KNOTT 1468 W-FIRST NATIONAL BANK BUILDING DON D. CARLSON MICHAEL J. RADMER STEPHEN GOTTSCHALK THOMAS ELKINS ARTHUR E. WE IS BERG PHILLIPH MARTIN ST. PAUL, MINNESOTA 55101 PAUL J. SCHEERER KENNETH J. CUTLER DUANE E. JOSEPH JAMES S. VESSEY REESE C. JOHNSON CHARLES J. HAUENSTEN (612) 227 -8017 DAN F. NICOL MICHAEL TRUCANO DAVID QUINLAN JAMES PIELEMEIER WILLIAM A WHITLOCK CHARLES A. GEER WILLIAM J KEPPEL GARY K JOHNSON E. J. SCHWARTZBAUER THOMASM BROWN JOHN C. ZWAKMAN JOHN R. WICKS JONATHAN VILLAGE CENTER KENNETH IVERSON JAMES A. FLAOER THOMAS W. FINN LYNN KROMINGA CORNELIUS D. MAHONEY EUGENE L. JOHNSON CHASKA, MINNESOTA 5531$ DAVID L. SOEHNEN JAY L. BENNETT THOMAS S. ERICKSON WILLIAM C. BABCOCK JOHN W. WINDHORST. JH MICHAEL PRICHARO (612) 448-4012 LAWRENCE R OLIVER FRANK H VOIGT MICHAEL E. BRESS WILLIAM R SOTH WILLIAM E. MARTIN RAYMOND A. MISTER RICHARD G SWANSf f< WILLIAM H. HIPPEE,JR JOHN J. TAYLOR FAITH L OHMAN ITS THIRD STREET SOUTHWEST ROBERT A. BURNS OF COUNSEL BERNARD G. HEINZEN DAVID A RANHEIM ROCHESTER, MINNESOTA 55901 TONI A. SEITZ GEORGE E. ANDERSON WILLIAM J. HEMPEL ROBERT J SILVERMAN (507) 288-3156 MICHELA UFOND ROBERT L VANFOSSEN January 8, 1976 Mr. Ken E. Rosland Edina Director of Parks 4801 West 50th Street Edina, Minnesota 55424 Re: Grimes House Dear Ken: Enclosed is a photocopy of the heritage preservation easement between Hazel M. Walsh and the City bearing Hennepin County Register of Deeds certification that it was recorded on January 7, 1976,in book 76, as document No. 4185692. A paragraph in a recent magazine states that the IRS has issued a tax ruling, which I quote as follows: "An enforceable easement in perpetuity - -given to a State by the owner of a mansion declared to be a State landmark, limiting the owner's right to subdivide, mine or develop the property or alter its appearance or character - -is a 'scenic easement' that qualifies the donor for a charitable deduction for the fair value of the easement." I suggest you advise Mrs. Walsh of this ruling so she can take advantage of the deduction. Very truly yours, TSE /abc Thomas S. Erickson Enclosure cc (w /o enc.): Mr. Warren C. Hyde g1�ss9z OFFICE OF REGISTER OF DEEDS STATE OF MINNESOTA COUNTY OF HENNEPIN I hereby certify that the within instrument was filed for record in this office on the 7 day of JAN A.D.1976 at/,5--O o'clock M., and was duly recorded in WON Cof Hennepin County Records Page REGISTER OF DEEDS By I, i l% f �-- DEPUTY REGISTER OF DEEDS Duplicate r Filins er i Itca 25 tea 3Y�' i. '� s L� r. HERITAGE PRESERVATION EASEMENT TRANSFER Ei� r t .t . JAN 7 14 By DEPUTY, V I THIS GRANT, Made and entered into this^ day of December, 1975, between HAZEL-M. WALSH, a widow and not remarried (hereinafter called "Owner "), and the CITY OF EDINA, a municipal corporation under the laws of the State of Minnesota (hereinafter called "Edina "), WITNESSETH, THAT: WHEREAS, Owner is the fee simple record owner of the property situated in the city of Edina, county of Hennepin, and state of Minnesota described as follows: The Northeasterly 95 feet of the Southwesterly 145 feet of Lot 15, "Melvin Grimes Subdivision of Lots 8, 9 and 10, Grimes Homestead," accordingto the plat thereof on file and of record in the office of the Register of Deeds in and for Hennepin County, Minnesota, (hereinafter called the "Subject Property "); and WHEREAS, the Subject Property and the buildings, structures, and improvements thereon (all hereinafter called the "Improvements") have been included in the Statewide Historic Sites Survey of the Minnesota Historical Society, and have been or will be included in the National Registry of Historic Places maintained by the National Park Service of the United States Department of the Interior, and the Subject Property and Improvements are of great historical value and importance to Edina, the State of Minnesota, and the Nation; and WHEREAS; it is important and desirable that the Subject. Property and Improvements, as such an historic site and having such historical value, be retained in their present condition and state of repair, and Owner and Edina are both desirous of having the Subject Property and Improvements preserved as an historic site in their present condition and state of repair. NOW, THEREFORE, for and in consideration of One dollar ($1.00) and other good and valuable consideration, in hand paid by Edina, the receipt and, sufficiency of which is hereby acknowledged by Owner, and in order to accomplish and assure the preservation of the Subject Property and Improvem.ents as an I� historic site in their present condition and.state of repair, Owner does hereby grant, bargain, quitclaim, and convey to Edina, its successors and assigns, Forever, a perpetual heritage preservation easement,,on the terms below specified, over and upon the Subject Property and Improvements, for the purpose of assuring that the historic value and integrity of the Subject Property and Improvements shall be maintained at all times, and, to accomplish such purpose, Owner, for herself and her heirs, representatives, successors, and assigns, does hereby covenant and agree as follows: 1. That no change or alteration of any kind shall be made in the exterior of any or all of the Improvements, and no additional or new building;; structure, or improvement, including, but not limited to, sidewalks and driveways, shall.hereafter be placed, moved onto, or erected upon, the Subject Property, whether attached to or detached from the Improvements, without first. receiving, in each instance, the written approval of the City Council.of Edina. 2. That the Improvements shall not be painted or stained on the exterior without, in each instance, first receiving the written approval of the City Council of Edina; provided, however, that such approval need not be obtained if the Improvements to be painted or stained are painted or stained with the same color as that then on the exterior of such Improvements. 3. That the exterior of the Improvements shall be kept and maintained in good repair at all times. Also, the interior of the Improvements shall be kept and maintained in good repair where failure to maintain may cause or tend to cause the exterior portions.of such Improvements to fall into a state of disrepair. 4. That no trees shall be planted or replanted on, moved onto, re moved front, or cut down on, the Subject Property, without first receiving, in each instance, the written approval of the City Council of Edina. 5. That Edina Pay: erect, maintain, and re -erect an historic marker upon the Subject Property, either attached to an Improvement or on a stand or other support not attached to any Impro;:ement, the exact location and ,,:ording of such marker to be determined by the City of Edina; such marker. shall not, however, exceed 540 square inches. -2- 6. If there shall be a violation or breach, or an attempt to violate or breach, any of the terms, covenants, or conditions of this ease- ment grant, Edina may prosecute any proceedings at law or in equity against the person, firm, or corporation violating or breaching, or attempting to violate or breach, any such term, covenant, or condition, to prevent such violation or breach, to require the repair or correction of any damage done to the historic value and integrity of the Subject Property and Improvements by reason of such violation or breach, or to recover damages for such violation or breach. Also, Edina, in the event of such violation or breach, without notice, may, at its option, undertake to perform the term, covenant, or condition so violated or breached, and the cost incurred, including attorneys' fees, with interest at the highest rate then allowed by law to be charged to individuals, shall be payable, on demand, by the .then owners of the Subject Property, and, in addition to other remedies then available for collection of such cost and interest, Edina may charge such cost and interest against the Subject Property in the same manner as special assessments (without, however, any notice or hearing of any kind) and collect the same with the real estate taxes against the Subject Property payable in the year following the year such cost and interest are so charged, and if not paid, the Subject Property may be sold and conveyed in the same manner as lands forfeited for nonpayment of real estate taxes are sold and conveyed. 7. The terms, covenants, and conditions hereof shall run with the land and shall be binding on all present and future owners of the Subject Property, and shall inure to the benefit of Edina, its successors, and assigns, and shall be enforceable only by Edina. 8. This historic preservation.easement . shall not operate to grant Edina the right to use the Subject Property as a park or for any similar use, and Edina and members of the public shall not acquire any right to make any improvements upon or to make any physical use of the Subject Property, except as herein specifically allowed. 9. The historic preservation easement hereby granted may be amended, modified, or released at any time, and from time to time, only by Edina. -3- r 6. If there shall be a violation or breach, or an attempt to violate or breach, any of the terms, covenants, or conditions of this ease- ment grant, Edina may prosecute any proceedings at law or in equity against the person, firm, or corporation violating or breaching, or attempting to violate or breach, any such term, covenant, or condition, to prevent such violation or breach, to require the repair or correction of any damage done to the historic value and integrity of the Subject Property and Improvements by reason of such violation or breach, or to recover damages for such violation or breach. Also, Edina, in the event of such violation or breach, without notice, may, at its option, undertake to perform the term, covenant, or condition so violated or breached, and the cost incurred, including attorneys' fees, with interest at the highest rate then allowed by law to be charged to individuals, shall be payable, on demand, by the .then owners of the Subject Property, and, in addition to other remedies then available for collection of such cost and interest, Edina may charge such cost and interest against the Subject Property in the same manner as special assessments (without, however, any notice or hearing of any kind) and collect the same with the real estate taxes against the Subject Property payable in the year following the year such cost and interest are so charged, and if not paid, the Subject Property may be sold and conveyed in the same manner as lands forfeited for nonpayment of real estate taxes are sold and conveyed. 7. The terms, covenants, and conditions hereof shall run with the land and shall be binding on all present and future owners of the Subject Property, and shall inure to the benefit of Edina, its successors, and assigns, and shall be enforceable only by Edina. 8. This historic preservation.easement . shall not operate to grant Edina the right to use the Subject Property as a park or for any similar use, and Edina and members of the public shall not acquire any right to make any improvements upon or to make any physical use of the Subject Property, except as herein specifically allowed. 9. The historic preservation easement hereby granted may be amended, modified, or released at any time, and from time to time, only by Edina. -3- v� TO HAVE AND TO HOLD THE SAME, .Together with all the hereditaments and appurtenances thereunto belonging or in anywise appertaining, to Edina, its successors, and assigns, Forever. This instrument is exempt from State Deed Tax. IN TESTIMONY WHEREOF, the Owner has caused these presents to be executed the day and year first above written. IN PRESENCE OF: HAZEL m. WALSH, a widow and not remarried i . This instrument is exempt from State Deed Tax. STATE OF MINNESOTA ) ) SS. COUM OF HENNEPIN ) On this 31 day of December, 1975, before me, a Notary Public within and for said County, personally appeared HAZEL 14. WALSH, a widow and not remarried, tome known to be the person described in and who executed the foregoing instrument, and acknowledged that she executed the same as her free act and deed. r . -4- • 4185692 TRANSFER ENTERED -'` JAN 7 IM FI NCE DIVISION E _► U.N. _ ,. MINN. HERITAGE PRESERVATION EASEMENT By DEP_U.T1G 740W THIS GRANT, Made and entered into this day of December, 1975, between HAZEL M. WALSH, a widow and not remarried (hereinafter called "Owner "), and the CITY OF EDINA, a municipal corporation under the laws of the State of Minnesota (here-inafL"er caked "Edina "), WITNESSETH, THAT: - WHEREAS, Owner is the fee simple record owner of the property situated in the city of Edina, county of Hennepin, and state of Minnesota �g described as follows: (� The Northeasterly 95 feet of the Southwesterly 145 feet of 0 Lot 15, "Melvin Grimes Subdivision of Lots 8, 9 and 10, Grimes 0 Homestead," according to the plat thereof on file and of record in the office of the Register of Deeds in and for Hennepin County, Minnesota, QJ (hereinaf ter called the "Subject Property "); and WHEREAS, the Subject Property and the buildings, structures, and improvements thereon (all hereinafter called the "Improvements ") have been included in the Statewide Historic Sites Survey of the Minnesota Historical Society, and have been or will be included in the National Registry of Historic Places maintained by the National Park Service of the United States Department of the Interior, and the Subject Property and Improvements are of great historical value and importance to Edina, the State of Minnesota, and the Nation; and WHEREAS; it is important and desirable that the Subject_ Property and Improvements, as such an historic site and having such historical value, be retained in their present condition and state of repair, and Owner and Edina are both desirous of having the Subject Property and Improvements preserved as an historic site in their present condition and state of repair. NOW, THEREFORE, for and in consideration of One dollar ($1.00) and other good and valuable consideration, in hand paid by Edina, the receipt and sufficiency of which is hereby acknowledged by Owner, and in order to accomplish and assure the preservation of the Subject Property and Improvements as an F • historic site in their present condition and state of repair, Owner does hereby grant, bargain, quitclaim, and convey to Edina, its successors and assigns, Forever, a perpetual heritage preservation easement, on the terms below specified, over and upon the Subject Property and Improvements, for the purpose of assuring that the historic value and integrity of the Subject Property and Improvements shall be maintained at all times, and, to accomplish such purpose, Owner, for herself and her heirs, representatives, successors, and assigns, does hereby covenant and agree as follows: 1. That no change or alteration of any kind shall be made in the exterior of any or all of the Improvements, and no additional or new building;; structure, or improvement, including, but not limited to, sidewalks and driveways, shall.hereafter be placed, moved onto, or erected upon, the Subject Property, whether attached to or detached from the Improvements, without first . receiving, in each instance, the written approval of the City Council.of Edina. 2. That the Improvements shall not be painted or stained on the exterior without, in each instance, first receiving the written approval of the City Council of Edina; provided, however, that such approval need not be obtained if the Improvements to be painted or stained are painted or stained with the same color as that then on the exterior of such Improvements. 3. That the exterior of the Improvements shall be kept and maintained in good repair at all times. Also, the interior of the Improvements shall . be kept and maintained in good repair where failure to maintain may cause or tend to cause the exterior portions of such Improvements to fall into a state of disrepair. 4. That no trees shall be planted or replanted on, moved onto, removed from, or cut down on, the Subject Property, without first receiving, in each instance, the written approval of the City Council of Edina. 5. That Edina may erect, maintain, and re -erect an historic marker upon the Subject Property, either attached to an Improvement or on a stand or other support not attached to any Improvement, the exact location and wording of such marker to be determined by the City of Edina; such marker shall not, however, exceed 540 square inches. -2- 6. If there shall be a violation or breach, or an attempt to violate or breach, any of the terms, covenants, or conditions of this ease- ment grant, Edina may prosecute any proceedings at law or in equity against the person, firm, or corporation violating or breaching, or attempting to violate or breach, any such term, covenant, or condition, to prevent such violation or breach, to require the repair or correction of any damage done to the historic value and integrity of the Subject Property and Improvements by reason of such violation or breach, or to recover damages for such violation or breach. Also, Edina, in the event of such violation or breach, without notice, may, at its option, undertake to perform the term, covenant, or condition so violated or breached, and the cost incurred, including attorneys' fees, with interest at the highest rate then allowed by law to be charged to individuals, shall be payable,on demand, by the then owners of the Subject Property, and, in addition to other remedies then available for collection of such cost and interest, Edina may charge such cost and interest against the Subject Property in the same manner as special assessments ( without, however, any notice or hearing of any kind) and collect the same with the real estate taxes against the Subject Property payable in the year following the year such cost and interest are so charged, and if not paid, the Subject Property may be sold and conveyed in the same manner as lands forfeited for nonpayment of real estate taxes are sold and conveyed. 7. The terms, covenants, and conditions hereof shall run with the land and shall be binding on all present and future owners of the Subject Property, and shall inure to the benefit of Edina, its successors, and assigns, and shall be enforceable only by Edina. S. This historic preservation .easement shall not operate to grant Edina the right to use the Subject Property as a park or for any similar use, and Edina and members of the public shall not acquire any right to make any improvements upon or to make any physical use of the Subject Property, except as herein specifically allowed. 9. The historic preservation easement hereby granted may be amended, modified, or released at any time, and from time to time, only by Edina. -3 r TO HAVE AND TO HOLD THE SAME,.Together with all the hereditaments and appurtenances thereunto belonging or in anywise appertaining, to Edina, its successors, and assigns, Forever. This instrument is exempt from State Deed Tax. IN TESTIMONY WHEREOF, the Owner has caused these presents to be executed the day and year first above written. IN PRESENCE OF:,. GCS HAZEL M. WALSH, a widow and not remarried This instrument is exempt from State Deed Tax. STATE OF MINNESOTA ) SS. COUNTY OF HENNEPIN ) On this ,3r day of December, 1975, before me, a Notary Public within and for said County, personally appeared HAZEL M. WALSH, a widow and not remarried, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that she executed the same as her free act and deed. i�c rr`�•3/c, ft�.dltasr%o�e'u !�w���r Dry 3rg 19.'JU ., -4- / �1I &ISM A- VLl- -, W y 1932418 z JAN-7-76 5 6 ? 2 C004.25go 8 v OFFICE V REGISTER �OF DEEDS STATE OF MINNESOTA COUNTY OF HENNEPIN I hereby certify that the within Instrument was filed for record in this office on 7 day of JAN A.D. 1976 at / S (i O'Clo and was duly recorded In bWN of Hennepin County Records page 4185G-9$3 - 44 �� I EGIS ey 4��& DEPUTY REGISTER OF DEMO REC FEF COPY FEE 4171353 AGREEMENT THIS AGREEMENT, made and entered into this 1. day of �Cr 'Q b-e r- , 1975, by and between HAZEL M. WALSH, a widow and not remarried, party of the first part (hereinafter called 'Owner "), and CITY OF EDINA, a municipal corporation under the laws of the State of Minnesota, party of the second part (hereinafter called "Buyer "). WITNESSETH THAT: WHEREAS, Owner is the owner of the property situated in Hennepin County, Minnesota, legally described on Exhibit A attached hereto and hereby made a part hereof, together with all buildings and other improvements there- on (hereinafter called the "Subject Property "); and WHEREAS, Buyer is desirous of obtaining, and Owner is willing to grant, certain rights and privileges with respect to the Subject Property, all as hereinafter set out. NOW, THEREFORE, for and in consideration of One Dollar and other good and valuable consideration in hand paid to Owner, the receipt and suf- ficiency of which is hereby acknowledged, and in consideration of the mutual covenants and agreements hereinafter contained, the parties hereto do hereby agree as follows: 1. In the.event Owner desires to sell all or any part of the Subject Property and receives a bona fide offer which it is willing to accept from any person, firm, corporation, trust or other entity ready, willing and able to purchase all or any part of the Subject Property, then Owner shall immediately give written notice thereof to Buyer, including'in said notice the name and adc:ress of the off6ror, the price offered and the terms and conditions of the offer. 2. Buyer shall have thirty days after the giving of such written notice to give written notice to Owner that Buyer desires to purchase the Subject Property, or such portion thereof as is included within said offer, at the price and according to the terms specified in said offer. 3. If Buyer does not exercise said right to purchase by giving written notice thereof within said thirty -day period, Owner,-after the ex- piration of said thirty -day period, may accept said offer and complete said sale to the offeror in accordance with said offer. In the event the terms of said offer are thereafter changed, or the sale to the offeror on the terms submitted to Buyer is not completed within sixty days after the end of said thirty -day period, then the right of first refusal given hereby to Buyer shall be revived and said offer shall again be submitted to Buyer for the period and in the manner herein stated. 4. The purchase of, or failure to purchase, any part of the Subject Property by Buyer pursuant hereto shall not affect the right of Buyer, as herein granted, to purchase thereafter the balance, or any part thereof, of the Subject Property, and any sale of all or any part of the balance of the Subject Property shall yet be subject to the terms and con- ditions of this Agreement. 5. Any of the Subject Property sold by Owner pursuant hereto after failure of Buyer to elect to purchase the same shall thereafter be free and clear of the right of first refusal hereby granted. 6. For purposes hereof a sale, giving rise to Buyer's right of first refusal as herein granted, shall include any lease of all or any part of the Subject Property or any interest therein for a term longer than one year, including any period that the original term of said lease may be re- newed or extended, but the failure of Buyer to become such a lessee pursuant to the terms of any such lease shall not in any way affect Buyer's rights of first refusal and. option to purchase herein granted but shall continue as to all of the Subject Property, zneluding such portion, thereo% or interest therein which has been leased. 7. Wherever in this Agreement it shall be required or permitted that notice be given or served by either party to this Agreement to or on the other, such notice shall be given or served and shall not be deemed duly given or served unless in writing and forwarded by registered or certified -2- I 4. IL mail, return receipt requested, postage prepaid, addressed as follows: To Owner at: To Buyer at: Edina City Hall 4801 West 50th Street Edina, Minnesota 55410 Attention: Mr. Kenneth Rosland Such addresses may be changed from time to time by either party by serving notices as above provided. Notices so addressed and.forwarded shall be deemed given upon deposit in the United States mail. 8. The terms, conditions and covenants hereof shall extend to, be binding upon and inure to the benefit of the parties hereto and their respective heirs, representatives, administrators, executors, successors and assigns. There is no State Deed Tax due hereon. IN WITNESS WHEREOF, the parties hereto have caused this instru- ment to be duly executed the day and year first above written. a(x eal) OWNER: HAZEL M. WALSH BUYER: CITY OF EDINA -3- STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of �i(�/,tp2 , 1975, by Hazel M. Walsh, a widow and not remarried. ij Notary TuAlic. . x��J I�R, InR i�N o'xg •! � -�J . _t'; i %: 1.14 1 � - Oct, 3, 1980 y `' PAy Comm > ,lon.< u s STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) The foregoing i trument as a owled ed before me this of , 1975, b e Mayor, and(:' P the Clerk, of City of Edi a municipal corporation under the laws a State of Minnesota, on beha f of said corporation. THIS INSTRUMENT WAS DRAFTED BY: Dorsey, Marquart, Windhorst, West & Halladay 2300 First National Bank Building Minneapolis, Minnesota 55402 -3- Notary r EXHIBIT A The Northeasterly 95 feet of the Southwesterly 145 feet of Lot 15, Melvin Grimes Subdivision of Lots 8, 9 and 10, Grimes Homestead, accord- ing to the plat thereof on file and of record in the office of the Register of Deeds in and for Hennepin County, Minnesota. < 004poo* 00 -4()()0* 417135, �s£ti�,�,tiZ ►R3v £S�ti n�ti OFFICE OF REGISTER OF DEEDS STATE OF MINNESOTA COUNTY OF HENNEPIN I hereby certify that the within instrument was filed for record in this office on the 21 da of OCT. A.D. 1975 at 3 o'clo M., and was duly recorded in book 7, of Hennepin County Records page REGISTER DEEDS By � � 0 $ DEPUTY REGISTER OF DWS a�j 3q�'