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Home My WebLink About2228880 WEST-FIRST NATIONAL BANK BUILDING ST. PAUL, MINNESOTA 55101 (612) 227-8017 P. O. BOX 848 340 FIRST NATIONAL BANK BUILDING ROCHESTER, MINNESOTA 55903 (507) 288-3156 312 FIRST NATIONAL BANK BUILDING WAYZATA, MINNESOTA 55391 (612) 475-0373 DORSEY & WHITNEY A Partnership Including Professional Corporations 2200 FIRST BANK PLACE EAST MINNEAPOLIS, MINNESOTA 55402 (612) 340-2600 TELEX: 29-0605 TELECOPIER : (612) 340-2868 W. Mark Bernhardson City of Edina 4801 West 50 Street Edina, Minnesota 55424 Dear Mark: THOMAS S. ERICKSON, P. A. (612) 340 -2659 October 20, 1983 201 DAVIDSON BUILDING 8 THIRD STREET NORTH GREAT FALLS, MONTANA 59401 (406) 727 -3632 SUITE 675 NORTH 1800 M STREET N. W. WASHINGTON, D. C. 20036 (202)296-2780 30 RUE LA BOETIE 75008 PARIS, FRANCE TEL: (1) 562 32 50 Re: Driveway Easement between 64th and 65th Streets on the West side of Xerxes Avenue South At your request, we have checked the real estate records in Hennepin County to determine the location and creating language of an easement over the rear or west twenty feet of Lots 1, 2, 3, 4 and 5, Block 2, Xerxes Avenue Addition. We found that the driveway easement was created by Document No. 546603. A copy of that easement is enclosed. The language makes reference only to an easement "for driveway purposes." It is our present opinion, although we have not researched the issue, that such language would allow any owner or occu- pier of any of said lots, and their respective guests and invitees, to use the easement. Any blockading of the easement, however, would be a private matter and not a cause for City intervention unless a City ordinance or state statute is violated. We did not find any similar easement over Lots 6 and 7 to the south of said Lot 5; therefore it does not appear that those lots have a right to use the easement across Lots 1 through 5 unless obtained by adverse possession or by unrecorded documents. I trust the foregoing is sufficient for your purposes. If you have any questions, please let me know. Very truly yours, �r l� Thomas, Erickson TSEZ enc cc: Fran Hoffman 1 w Iubeulure, ✓lfade this 44-&�3C. day of December. , 1957, , between _ ._ LAKE...CORNELIA COMPANY. _ t a corporation under the laws of the State of Minnesota.. _ _._ ......, portal of the lb-sf part, and _. .... _A.RTHUR..R. GREEK.. and BERN ICE ..h,usb1i10...4p j. wife ................... _.... . _ ............. __... .......... ...... _ .. _ _ . ... _.............. of the County of ....... .... _........ Hennepin..... ............ __ and State of Minnesota parties of the second part, UIURC!500b, That the said party of the first part, in consideration of the Brian of _ One.. Dollar .... ($1.00.) and_ other �;UOd .and...valuable__coz�s� to it in hand paid by the said parties of the second part, the receipt whereof is hereby acknowledged, does hereby Grant, Bargain, Sell, and C'onver/ unto the said partie.R of the second part as joint tenants and not as tenants in• common, their assigns, the survivor of said parties, and thr heirs and assigns of the sur- vivor, Forever, all• the tract..... or parcel, of land lying and being in the Coitnty of Hennepin . ........... and State of 01iaanesota•, described as follow, to -wit ILot Five (5), Block Two (2), Xerxes Avenue Addition, according to the duly recorded i plat thereof, subject to an easement for driveway purposes over the rear or West twenty (20) feet thereof, together with an easement for driveway purposes over the rear or West twenty (20) feet of Lots One (1), Two (2), Three (3) and Four (4) of said Block Two(2). 1J Subject to a first mortgage to Thayer & Smith, Incorporated securing $18,000, and dated November 8, 1956, now of record, which mortgage the grantees assume and agree to pay according:-to the terms thereof. Also subject to all taxes and special assessments heretofore or hereafter levied upon said premises payable in the year 1958 and subsequent years. Also subject to restrictions and /or easements of record, if any. To Tbabe anb to jf)alb dje 9pame, Together with all the hereditanaent.s and c. pprrrtenances there- unto belonging or in anywise appertaininj', to the said parties of the second part, their assi.kris, the sur- vivor of said parties ;'and the heirs and assigns of the survivor, Forever, the said parties of the second part taking a4 joint tenants and not as tenants in common. And the said party of the first part, for itself and its successors, does covenant With the said parties of the second part, their assigns, the survivor of said parties and the heirs and assigns of the, survivor, that it i9 well seized in fee of the lands and premises aforesaid, and has good right to sell and convey the same in manner and form aforesaid, and that the sarne•are free from all iricumbrances, except as above stated, �1 IM11 1;+ n 1 1 1 1 M11 1:1' 1- pg- 1=140 - �"�,1./.,1. • '. n �' j �1,, 1 1'1 :• J. 1 ; 1 ', A r1I��'„ .._ I'IiTI ✓Ind the above bargained and granted lands and prcrnises, in the quiet and peaceable possession of the said parties of the second part, their assigns, the survivor of said parties, and the heirs and assigns of the Survivor, against all persons laicfully claiyning or to claim the whole or any part thereof, subject to inuarnbrauvoi, if any, h6reinbefore naaretivraed, the paa•ty of the i r•st Dart Will 11"ari•ant avJ Dc- fend. 3fn Teotimonp W. ereof, The said first party has caused these presents to be executed in its corporate name by its ........... _Vice President and its Asa.tt.- Secretary.. .... arid its corporate seal to be hereunto ufjixed the day and 1/car first above written. LAKE ..CORNET,IA COMPA Y..... /In Presence o f By e Robert J. Crr'abb Its V. Vice., 1resident J. A. A. Boline Its..Ass .l.t....Secretar y.. . • t 6tate of Iflinne5otat ` ss. County of.. .... ...... . ..Hennepin ..... ............ ........... On this ........ ... ................ . . . .......... ......_.... _....... December............. ............. 19.57....., before me, a � f... ....... .......... .... Notary ... Public ..... ............. ........... _ ...... ........ .........within and for said County, personally appeared .........Robert .. J.... Cra.. bb ............................. ............................... and ..... ...... .... J.... R..... g._.. Boline ....... .... .......... ... ............................... to me personally knotvn, a .-ho, being each, by me duly sivorn ............. ..........did say that they are respectively the . ....... Vice... President and the ..As.sistant... Secretary ..........................of the corporation named in the forcgoinl instruntenf, and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instru►►f.ent was sig►ted and sealed in behalf of said corporation by authority of its Board of_ ...... .......DirecGorn._.._.......... ....... _and said ....._ .... ... Robert .... J......'. Cra. bb .... ........... .......................................... .. ......... and . J....R....h... boline .. ...... ___ acknowled!sed said instrument to be the free act and deed of said cor•porntion. ........................... ........ ............................... A'otary Public .................... ............................... ........................County, Minn. NOS My commission expires ....... �rr. ��, 1�d� . ............................... 19............ V. O�fN 6rAff@ oc oo��Ty OIN' 9 a Q w � r cc u III O z N a 0 c I Q W :W s q II 'Q A� r w F- Is 1 i w F- Is y p, O �~ o < .c • LO N -- .. i3 tc { N lL t-: ¢ x LLJ 0 � �z a v U z" • H v r' '4 Y� Li W n IU a d= 44 G dU # N !' G w R A : N bti o, ° � w � R r, w y J e 1 R 'U D / j A � rt A tc 0 � U L • H v r' '4 Y� V � O 44 G F:v w � N •NI a�i !' G w ts a 0 a z; a ti � ti w R A : N bti o, ° � w � R r, w y J e 1 R 'U D / j Y +i t f I u c u f r rt A U H � O R� Y +i t f I u c u f r 4-466263 ttl -111d „r,rreet copy of the r,rigirt3t ac `iie and of record in my office �. le /��3 R Dan Carlson Registrar of TWO