HomeMy WebLinkAbout2230WASnu „$861 VILLAGE F E D I NA
Z Z 30 4801 Vilest 50th Street
Edina 44, Minnesota
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Mr. Everett F. Garrison,
6767 Valley View Aoade
Edina 249 Minnesota.
Aire 249 1958
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�-►-� �._S�arri sort s _�._r.:..a .._.._...._....._.. _.. _. ___.....__. _ _ _ . _- _. _._ ._.. _
At the June 23rd sleeting of the Edina Village Oasneils the following motion
was passed
Mr. Everett F. Garrison is to be notified that he is to repair within
.10 days, according to plans and specifications prepared � by tbo Nillege
.Epgineer, that portion of the Village alley in Block 5 of west Minneapolis
.Heights opened at his direction. If the work is not done within 10 days.
the Village will have the work done and bring civil action against Mr.
Garrison for the costs of such work.
You will recall that immediately following lthe excavating this springs you
received a phone call from sees at %hieh tins I informed you that the Village
had not granted permission to anyone to open the alley end that you should,
cease operations immediately. I also informed you that You could expect same
reporwssion from the Village of Adi.na for what had been done up until that
time. since then our engineers haw studied the situation carefully and
based ppon their findings, we recommended to the Village COUM .i.that If the
alley 1i to be � ! to grow t,�aircls. to �, ;the reos of lot ; ,_ ch .8.q .
'Ce`rstand. you iacud�d as a coe�dition of_il►e ibntrac for Deed when _.
you
then- lit should -U. _i li Village sp!cifc 3c flow: rind
e cost of a+uch op�i�.,Y..........._. �.
You piontioned when I called that you had Village permission to open the 1
alleys Wt the only, infotmstion-previously .given to you was a "To street it
May Concem'm statement 'copy -of whioti is enclosed with this letter. This
could not possibly be construed as permission to "open” an alley.
Orr rough estimate for the alley repair amounts to approximately i Elh—lo includes principally a retaining wall along the west side of the a l
retaining wall was necessitated by the extreme cut at that location. It is entirely►
possible that the job can be done for less than the above estimate. If you intend
to do the work yoursel #s you should consult with the Village En6ineer�Immediately.
if arrangements satisfactory to the Village have not been made by 400 P.M. on
Thursdays July 9 1958 we will casrry out the Council's directions and have
the work done by cct or Village force acco4q!'.—
Very sinceselys
George Hites
tBisll #dmta Assistant.
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WAInut 7.8861 VILLAGE OF E D I N A
4801 West 50th Street
Edina 24, Minnesota
April 26, 1957
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TO WHOM IT MAY CONCERN
This is to certify that for the address 302'Monroe Avenue
Legal Description, Lot 3, Block 5, West Minneapolis Heightsq
there is an alley platted between Madison Avenue and Monroe
Avenue from Belmore Lane to Third Street.
lft
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Mr. Ralt)h H. Sd=dt
300 Monroe Avenue S.
Edina, ; ;innesota
Lear Mr. Schmidt:
September 159 1983
Re: John Silis
Lot 3,Block 5, West MPls, Hts.
Imo+. and Mrs. John Silis havaeretained me with regard to your avowed
intention to block off a part of the access(alley) at the rear of
your lot, by wnich they maintain access to their garage.
This is to inform you that the Silises will resist any effort upon
your part to reduce this alley - access in any way, through the City
of Edina or the Courts, if necessary.
In 1957 when Silis purchased Int 3 from Everett Garrison their right
of access was gmranteed both by their Contact for Deed with Everett
Garrison, and by the Vil.l.agm of Edina.(see copies of letters of 4/26/57
and 6/24/58 from the then Village of Edina enclosed herewith)A check
this clay with the City of Edina revealed that the status of this alley
is unchanged, that is, that this alley remains the property of the
City for the use and occupancy of all of its residents. Permission was
granted to Garrison ,i_n 1957 to open that portion of the alley which
lies behind Wts 2(Schui dt) and 3(DiliMacc or'ding to specifications of
"he Villa^? of Edina, in order that he(Garrison) could fulfill his
gu�sar, t5t in his Contrzct k�i.' h Silis , and this access has ever since
that time been used and maintained by them.
y. ao;John Silis
Sincerely,/> ,
K. Maxfield Otto- Attorney
210 Farmdale Road,
Hopkins, Minnesota
VESELY & MILLER
PROFESS ONAL Ass OCIAnaN
ATTORNEYS AT LAW
SUITE 203 NORTHWESTERN BANK BUILDING
HOPKINS, MINNESOTA SS343
JOSEPH C. VESELY (612) 938.9635
JERRE A. MILLER
JEREMY S. STEINER
aFCOUNSCL
K. MAXFIELD OTTO
September 15,1983
Mr. and Mrs. John Silis
302 Monroe Avenue S.
Edina, Minnesota
Dear Mr. and Mrs. Silis Re: Alley-access(Schmidt)
I have today checked the records of the Hennepin County recorder and
found that a deed from Everett F. Garrison and Catherine E.Garrison,
to John Silis and Akviliga Silis was filed with the Recorder on 5/27/63
in book 2391 of Deeds, page 401 and that deed contained a clause that
the same was "subject to restrictions,reservations and easements of
record", so you may rest assured that the titled is in your names.
I also checked back with the City Manager of Edina and was assured
that the alley in Block 5, West Minneapolis Heights, (behind yours
and the Schmidt properties) has never been vacated and remains as the
property of the City.
Enclosed find a copy of the letter I have today addressed to Mr-Ralph
Schmidt. I doubt if he will make any attempt to cut down your access
but if he does, you could,first go to the City of Edina to stop him,
and if you failed in that, you could bring an action in Court to estab-
lish ownership of the access by Adverse Possession, as you have occupied
the access openly,adversely and notoriously for 26 years.
As there is nothing further to be done at this time, I am enclosing
herewith my bill for services and expenses incurred.
!'Sincerel`y yours,
K: Maxfield Otto
210 Farmdale Road,
Hopkins, Minnesota
��� �,�D-d Milter- D- rl-Co., Minneapolis. Minn.
° Oontr1tia1 es JMnt 7laaaa 'Form No. 55M Minnesota Uniform Con.- ratkdna Lnb (1131)
YL�jg e� i t, Made and entered into this .......................... 2Sth .................... ..............day of
- - - -- •AP1'g1 ................. ................ 19.•V ....., by and between ...... . ........... _....- ........
ii Catherine 30: Garripoip F=band and Wife
part- iea..of the first part, and..... Jobn..Sin ....................
! ..-....... .................... ...................... .......... ........... ...........- ........ .................................................... parties of the second part;
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WitnegOetb, That the said part.-lea.. of the first part, inconsideration of the covenants and
agreements of said parties of the second part, hereinafter contained, hereby sell.._ and agree.— to convey
unto said parties of the second part, as joint tenants and not as tenants in common, their assigns, the
,kurvivor of said parties, and the heirs and assign of the survivor, by a..- _:........ Ha=all ................. ..Dded
accompanied by an abstract ez4.deneinL1 good title in part.ses ....... of .the first part at the date hereof, or
by an owner's duplicate certij%cate of title, upon the prompt and full performance by said parties of the
second part,.bf their part of -this agreement, the tract....._. of land, lying and being in the County of
..•.....- ..... : nepia ..................... and State of Vinnesota, described as follows, to -wit:
Lott Throe . (3) * Mock Five. (5)., heat :Miz:aeapolis Heights, according
117 J�
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.,._ r.. _. ._... ...
`9nb4ec % to restrictions reservations and saaa vents of records if ai r,
Jnd said'parties of the second part, in consideration of the premises, hereby agree to pay said parties
of the first part, att'eeidendii..bf AS111er..an- .d3=a C�d -.as and orr/the _ p urehaie price of said premises,
the gum O � Thousand Five d' and j %pA J� w w w w w w w + Dollars,
♦es w
in manner and at times followin , to -wit:
$lOOWoOO -(ONE TWUSAND AND NO/l00the DOLLARS) cash iti baad, receipt of which is herely
acknotrledt '
` $9, 000. 00 - {xM "TGUSAND -AND Noj OOtbe DO11JW).' by joining in and agreeing to p W s000iding ..
! arlrl }wwns >• is '.: j`iTB,:tge 311._%hfltr AIIfoRI>eitr- uunmi>dg In I
favor. 'of `the ' Twin
with m Ci t Ff ederal & Loan Associations Minneapolis* Him -4P
to principal and interest* first peMmt
to .' = .Pe7ab2e on Alne 19 7 and the_ qy of ch and every month
$3#500.004THM —TWUSM� nVE HUUM -AND ?G /1001hs DOLLARS by pay3ng # 5.00 or more on or
bef to the 'llre'►-d 'May 190s aik3:' 35.00 or score. on oi before the first day of
each and every month thereafter, including interest at the rate of ?# (Seven percent)
per annin computed on the balance remaining from time to time unpaid, until YAW 1
1963, when the entire contract balariOi then owing, principal and interests shall be
due: -and payable in full, said monthly, payments applying first to the payment of
interest and secondly to the reduction of the principal scare
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Said parties of the second part further covenant and agree *as follows: to pay, before penalty attaches thereto, all taxes due and payable
in the year 1958 and in subsequent years, and all special assessments heretofore or hereafter levied .............. 0 --- . ................... .:.... _................
- - - -- -- - - - - -- -- ------------------ ------- ----------------------- ...............................
Also that any buildings and improvements now on said land; or which 'shall hereafter be erected, placedt or mad thereon, sW not be
_ - „ . Hof the first par until this contract ehall,be ful��erormed removed therefrom. u-t s aII keg a1p q roper��he part_ j
by the parties o'f the eecorid part; and at their own expense,;,to keep the buildings on d premises at alk times insured in some reliable
tt ce,,��oomppany or Hies, to�e appproved by the partl.9S ....of the first art, against loss by fire for at least the sum ofan...amotnit
8 07[elnsi %O pro1�CL iii p fi!L16i1 of the fine -....�Z. ® .. ......Rr' j�ee . . . .. ...........Dollars
..........................
and against loss by windstorm for at least the sum of .... fA.. I.M.Mt ../1afUQ3.lIn't.._to. -. .�tee.t. --- the -- parties- Of
the first . Pant.. and . ..mo m.. ;......_.. _. Donets
i payable to said part: ft ....... of the first part ......... their ..: ........... :..._..heirs or assigns, and, in case of less, shoal there be any surplus
over and above the amount then owing said parti0l......of the first part :............. their ..................... heirs, or assigns, the balance shall
be paid over to-the said parties of the second part as their interest shall appear, and to deposit with the part. -lea. -of the first part I
policies of said insurance. But should the second parties fail to pay any item to be paid by said parties under the termstereof; same shay +'
be d
! psi b first
y part. ... and shall be forthwith payable, with interest thereon, as an additional amount due first pii'1'f- .;felt• - ... under
this contract.
But should default be made in the payment of principal or interest due hereunder, or of any part thereof, to be by second-parties
paid, or should they fail to pay the taxes or assessments upon said land, premiums upon said insurance, or to perform any or either of the
i covenants, agreements, terms or conditions herein contained, to be by said second parties kept or performed, the said part. 148...... of the
first part may, at ................... Vair .........option, by written notice declare this contract cancelled and terminated, and all rights, title and'
interest acquired thereunder by said second parties, shall thereupon cease and terminate, and all improvements made upon the premises,
and all payments made hereunder shall belong to said part.ift ...... of the first part as liquidated damages for breach of this contract by It
said second parties, said notice to be in accordance with the statute in such case made and provided. Neither the extension of the time i
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of payment of any sum or sums of money to be paid hereunder, nor any waiver by the part ion of the first part of their h
rights to declare this contract forfeited by reason of any breach thereof, shall in any manner affect the right of said part 8 to cancel
this contract because of defaults subsequently maturing, and no extension of time shall be valid unless evidenced by duly signed instrument.
Further, after service of notice and failure to remove, within the,peniod allowed by law, the default therein specified, said parties�gf
second part hereby specifically agree, upon demand of said part 11 of the first part, quietly and peaceably to surrender to Td1�
possession of said premises, and every part thereof, it being understood that until such default, said parties of the second part are to
have possession of said premises. ,
It is a oculition of this contract that parties of the seeand part shall haveaaaess
to the beak of the lot Conoerned by a drivevV
Party of the first part shall sod front lot to front of tbs dWIling:
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�t N AUtualCp 29reeb, By and between the parties hereto, that the time of payment shall be
an essential part of this contract; and that all the covenants and agreements herein contained shall O #
extend, run with the land, and bind the heirs, executors, administrators and assigns of the respective
parties hereto.
3tt Z:t!Ktimonp bereof, The parties hereto have hereunto set their hand__ the day and year j
just above written.
In Presence of _. ;� ......
(L -�------2L*'! --- -- --------------------------- ----------------
- - • -- -- -- - •------- - - - - -• - •-- - - - - -- ....... - - - - -•- ------- • - - - --
-- - ----------------------------
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' -- ------- ------------------------------ - - - - -= ..±...... ................ ------- ---------- - - - -•- .
Otate of 'Alinnegota,
ss.
County of.._........ enn'epin .............................
this --- - - -• -- ....lei._- day of -- g l---•--•----------------- •----- •--------- ......, 19... x� before m;
a ................................ / RthtiO -thi n ors id Co t 80 l oared
Ei�srett F.r�rieo►n and ra{ns'►$ �ir �`so�� 'i� a'ri�
and SM8 9- 1149'AiE an$ iwsf i ----- ----------- -
..................................•----------•-•---•----•-•----------•-----.........---........---------------------•---------••---•-•-•------- ....------ .._._...._.__...._
.........................................................................................•----.....-----•---•-----•-----•--------....-----------------•--------------- •- •---- ....... -• - -• --- - - - - --
to me known to be the person..f described in, and who executed t,�e gegoing instrument, and acknowl-
edged that ....... ...... ......tfie -.-'Y-- -------------- executed the same as .._._....__.._...._.__ _.__...... act and deed.
. .......... -
MILTON L BRECRE
Notary PubUe..#,,Awy -pt he feneepi„Qou*;.Minft.— County, Minn.
kr ect"MI 10a Expiles June 3, 1960.
My commission expires................................................. 19 ............
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