HomeMy WebLinkAbout1976DORSEY, WINDHORST, HANNAFORD, WHITNEY 8e HALLAOAY
JOHN W WINDHORST ROBERT J STRUYK
HENRY HALLADAY MICHAEL A. OLSON
JULE HANNAFORD LARRY W JOHNSON
ARTHUR B, WHITNEY THOMAS S. HAY
RUSSELL W. LINOOUIST G. LARRY GRIFFITH
DAVID R. BRINK CRAIG A BECK
HORACE E. HITLH DAVID L. WCUSKEY
VIRGIL H. HILL THOMAS O. MOE
ROBERT V. TARBOX JAMES H. O'HAGAN
ROBERT J. JOHNSON JOHN K 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 B.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 5. ERICKSON WILLIAM R. SOTH
MICHAEL E. BRESS RICHARD G. SWANSON
RAYMOND A. ROSTER 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 S. PAYNE
2300 FIRST NATIONAL BANK BUILDING
MINNEAPOLIS,MINNESOTA 55402
(6112) 340 -2600
CABLE: DOROW
TELEX: 29 -0605
TELECOPIER: (612) 340 -2868
1468 W -FIRST NATIONAL BANK BUILDING
ST. PAUL,MiNNESOTA 66101
(612) 227 -8017
115 THIRD STREET SOUTHWEST
ROCHESTER, MINNESOTA 55901
(507) 288 -3+66
Mr. Robert Dunn
CITY OF EDINA
4801 West 50th St,
Edina, Minnesota 55424
Dear Mr, Dunn:
March 10, 1977
ROBERT A HEIBERG ROBERT L HOBBINS
JOHN D. KIRBY BARRY D. GLAZER
ROBERT A. SCHWARTZBAUER PETER 5 HENDRIXSON
DAVID N. FRONEK NICK R. HAY
THOMAS W. TINKHAM IRVING WEISER
JON F. TUTTLE STEPHEN E. GOTTSCHALK
EMERY W BARTLE THOMAS W ELKINS
WILLIAM A. JOHNSTONE KENNETH L CUTLER
STEVEN K CHAMPLIN DAVID M. OUI MILAN
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. VANOYK
KENNETH A. IVERSON STUART R. HEMPHILL
JAMES A FLADER J. DAVID JACKSON
DAVID L. SOEHNEN 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 POTUZNIA DONALD WEST
VERLANE L ENDORF WALDO F. MAROUART
DENNIS P. BURATTI GEORGE E. ANDERSON
GEORGEANN BECKER ROBERT LVANFOSSEN
I am returning for your records the recorded
Declaration and Protective Covenants on Lake Edina- -
Village Replat, It was filed on March 1, 1977, as
Document Number 1210523,
MJ:th
Enc.
e' 77
A
6
I lene ruly yours,
Johannsen
DECLARATION AND PROTECTIVE COVENANTS
WHEREAS, the City of Edina is the owner of certain
property in the City of Edina described as follows:
Lots 1, 2, and 3, Block 1;
Lots 1 and 2, Block 2;
Lest 4, Block. 1 x c e p t treat part I n thea., LorIy
of a line : u. -n i n(: crom a point on the Nor, heasterly
line of said Lot 4, which point is 5 feet Northwesterly
of the most Easterly corner of said Lot 4, to a point
on the Southwesterly line of said Lot 4, which point
is 10 feet Northwesterly of the most Southerly corner
of said Lot 4 as measured along said Southwesterly
line (for purposes hereof designated as, and deemed
to be, a lot);
That part of Lot 4, Block 1, lying Southeasterly of
a line running from a point on the Northeasterly line
of said Lot 4, which point is 5 feet Northwesterly
of the most Easterly corner of said Lot 4, to a point
on the Southwesterly line of said Lot 4, which point
is 10 feet Northwesterly of the most Southerly corner
of said Lot 4 as measured along said Southwesterly
line; and Lot 5, Block 1, except that part lying
Southeasterly of a line running from a point on the
Northeasterly line of said Lot 5, which point is 10
feel-. Northwesterly of the most Easterly corner of
said Lot 5, to a point on the Southwesterly line of
said Lot 5, which point is 20 feet Northwesterly of
the most Southerly corner of said Lot 5 as measured
along said Southwesterly line (for purposes hereof
designated as, and deemed to be, a lot);
Lot 6, Block 1, and that part of Lot 5, Block 1, ly_'IrT
Southeasterly of a line running from a point on the
Northeasterly line of said Lot 5, which point is 10
feet Northwesterly of the most Easterly corner of said
Lot 5, to a point on the Southwesterly line of said
Lot 5, which point is 20 feet Northwesterly of the
most Southerly corner of said Lot 5 as measured along
said Southwesterly line (for purposes hereof designated
as, and deemed to be, a lot);
All in Lake Edina - Village Replat, according to the plat
thereof of record on file in the office of the Registrar
of Titles in and for Hennepin County, Minnesota;
[the above described lots being hereinafter called the "Subject
Property "]; and
WHEREAS, the Subject Property, except Lot 1, Block 1,
said plat of Lake Edina- Village Replat, was previously subject
to certain conditions and restrictions as contained in Document
No. 715717, files of the Registrar of Titles, rennepin County,
Minnesota, dated January 2, 1963, and filed on January 4, 1963;
and
k
WHEREAS, the conditions and restrictions contained
in paragraphs 1, 4, 6, and 12 in said Document No. 715717 were
removed by order of the District Court dated November 23, 1971,
and filed November 30, 1971, in the office of the Registrar of
Titles, Hennepin County, Minnesota, as Document No. 1016435,
and the Subject Property, therefore, is free of the conditions
and restrictions set out in paragraphs 1, 4, 6, and 12 in said
Dcoument No. 715717, but is yet subject (except for said Lot 1,
Block 1, of said plat) to all the conditions and restrictions
contained in the balance of said document; and
WHEREAS, the City of Edina now desires to impose the
following additional restrictions upon the Subject Property,
and further desires to impose upon said Lot 1, Block 1, of said
plat the following restrictions and also the conditions and re-
strictions contained in said Document No. 715717 except those
set forth in paragraphs 1, 4, 6, and 12 thereof, so that all. of
the Subject Property will be subject to the same conditions and
restrictions.
NOW, THEREFORE, the City of Edina does hereby impose
the following restrictions upon each and all of the lots in the
Subject Property, which restrictions are for the benefit of each
and all of the lots in the Subject Property and every other lot
in the plat of Lake Edina 3rd Addition, Hennepin County, Minnesota,
and shall operate as equitable restrictions or easements passing
with the conveyance of each and all of the lots in the Subject
Property, and shall apply to and bind every successor in interest
of the City of Edina, and are imposed upon the Subject Property
as a servitude in favor of every lot within the Subject Property
and every other lot in said plat of Lake Edina 3rd Addition:
-2-
1. No buildings shall be erected, placed, altered,
or permitted to remain on any lot in the Subject Property other
than one detached, single- family dwelling with a two -car private
garage attached to such dwelling, to be used only as a residence
for a single family. On each lot in the Subject Property, any
dwelling thereon shall contain, exclusive of the basement, open
porch, and garage, at least Nine hundred (900) square feet of
area on the first floor for a two -story dwelling, and One thousand
(1,000) square feet of area on the first floor for a one - and -a -half
or single -story dwelling.
2. All of the conditions and restrictions contained
in said Document No. 715717, except those found in paragraphs
1, 4, 6, and 12, are also hereby reimposed upon all of the
Subject Property.
3. If any person shall violate or attempt to violate
the foregoing restrictions, it shall be lawful for any person
or persons owning any interest in any lot to be benefited by
the above restrictions,or the City of Edina as to the restriction
imposed by paragraph 7 in said Document No. 715717, to institute
and prosecute proceedings at law or in equity against the party
or parties violating or attempting to violate such restrictions,
either to prevent such violation or to recover damages therefor.
4. The above restrictions shall run with the land and
be binding on all parties and persons claiming an interest therein
until January 1, 1989.
IN WITNESS WHEREOF, the City of Edina has caused these
presents to be duly executed this day of ,
1977.
In Presence of:
CITY
by
/,
-3-
.L l_ J L.
v
1 4
TA
STATE OF MINNESOTA ]
]
COUNTY OF HENNEPIN ]
On this _ r day of L 1977, before
me, a Notary Public within and for said County, personally ap-
peared JAMES VAN VALKENBURG and FLORENCE B. HALLBERG, to me
—E,rc na? 1 y known, who, hei nn each by me duly sworn, d4,1 ay
that they are respectively the Mayor and the Clerk of the CITY
OF EDINA, the corporation named in the foregoing instrument,
and that the seal affixed to said instrument is the corporate
seal of said corporation, and that said instrument was signed
and sealed in behalf of said corporation by authority of its
City Council, and said JAMES VAN VALKENBURG and FLORENCE B.
HALLBERG acknowledged said instrument to be the free act and
deed of said corporation.
-4-
THOMAS S. ERLCKSON
NOTARY PUBLIC - MINPIESOTA.
HENNEPIN COUNTY
My Commission Expires Jun. 26, 1980
v�5"IYK'Vr�iY'�WY1►r
210523
REGISTEIZED
...........................
OFFICE OF REGISTRAR OF TITL95
STATE OF %UNNESOTA
C0,0NI-Y OF HIMNEPIN that tb,e within fmtwn
here-by certify
was tiled in this Office Of' 1W
day Of MAR A-D. 1977 At
to
O'clock M,
FEs-STRAR OF TITLES.
BY DEPUTY REGISTRAR OF Trf
vJti�J 1.844 ?ARIE 556275
vrTriflo
Ir
I97G
the City of Edina
Owner.(s.)
IMPORTANT
In dealing with the land
described in this certificate, the
names of the parties and descrip-
tion of property should be ex-
actly the same as written herein.
4"ftvl � 'r
Rffmffi-vemmu
5136 jas
ATTENTION
DELAY and EXPENSE
will be caused by the loss of this
certificate.
MEMORIAL
(Continued)
DOCUMENT
NUMBER
KIND OF
INSTRUMENT
DATE OF
INSTRUMENT
DATE OF REGISTRATION
I
AMOUNT
RUNNING IN FAVOR OF
SIGNATURE OF
DEPUTY REGISTRAR
Month Day Year
Month Day Year
Hour
1210523
Declaration
Feb 14 1977
Mar 1 1977
1 :45
Creating restrictions until
Jan 1 198
F0.' CERTIFICATE OF TITLE
Transfer from No. 543153
A.' D. 1950
M
556275
DISTRICT COURT No-(s) 9720
Originally registered the 8th day of February
Volume 495
page 151320
STATE of MINNESOTA, REGISTRATION
COUNTY of HENNEPIN.
This is to certify that the City of Edina, a Minnesota municipal corporation of 4801 West 50th Street, City of Edina, County
of Hennepin, State of Minnesota
is now the owner(s) of an estate in fee simple of and in the following described land situated in the County of Hennepin and
State of Minnesota, to wit:
Lot 1, Block 1;
Lots 1 and 2, Block 2;
Lake Edina Village Replat, according to the plat thereof on file or... Or:revrd' ?`;<tYkc' ;ire of the Registrar aP Titles in and
for said County.
i•
Subject to utility easements as shy c�n:.lat
Subject to a limitation of the right` of accessa�r f�prr>';a� Q` @v lend to certain described strips as acquired by
the State in deed Doc. No. 1019952, Files of RegistrarC? 2"le
Subject to snow fence easements now over that portion of the premises described in instruments on file and of record
in the office of the Register of Deeds of Hennepin County, Minnesota found in Book 358 of Miscellaneous Records, page 16 and in
Book 366 of Miscellaneous Records, page 121;
Subject to the encumbrances, liens and interest noted by the memorial underwritten or endorsed hereon; and subject to the
following rights or encumbrances subsisting, as provided in the twenty- fourth section of "An act concerning the registration of land
and the title thereto" of the General laws of the State of Minnesota for the year 1905, and the amendments thereof, namely:
1. Liens, claims or rights arising under the laws or the constitution of the United States, which the statutes of this state cannot require to appear of record.
2. The lien of any tax or special assessment for which the land has not been sold at the date of . February 22, 1977.
3. Any lease for a period not exceeding three years, when there is actual occupation of the premises under the lease.
4. All rights in public highways upon the land.
5. Such right of appeal or right to appear and contest the application as is allowed by law.
6. The rights of any person in possession under deed or contract for deed from the owner of the certificate of title.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of my office
this Twenty -fifth day of October 1977
MEMORIAL
OF ESTATES, EASEMENTS OR CHARGES ON THE LAND DESCRIBED IN THE
Wayne A. Johnson
Registrar of Titles,
In and for the C n of Hennepin and State of Minnesota.
By .
DEPUTY
CERTIFICATE OF TITL HERETO ATTACHED.
SEE OVER
DOCUMENT
KIND OF
DATE OF
INSTRUMENT
DATE OF REGISTRATION
AMOUNT
RUNNING IN FAVOR OF
SIGNATURE OF
DEPUTY REGISTRAR
NUMBER
INSTRUMENT
Month Day Year
Month Day Year Hour
Easement for
Village of Edina from Dale Green &
Sanitary
Melvina Green, hus & wf. Granting
526747
Sewer
Mar 11 1957
Apr 9 1957
8:30
an easement in perpetuity for
sanitary sewer purposes &c now over
pt ofLl, Bl.
Declaration
Creating conditions &restrictions
of Conditions
which shall run until Jan 1, 1989 &
715717
& Restric-
Jan 2 1963
Jan 4 1963
1
easements (Now as to all of Lt 1,
tions
B 1 &all of Lts 1& 2, B 2
Directing that above land is free of
Order
the conditions, restrictions &
1016+
of Court
Nov 2 1971_
Nov 0 1
10
easements set forth in Pars 1 4 6
& 12 of Doc. No.
SEE OVER
SEE OVER