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HomeMy WebLinkAbout2252JAMES I. BEST (1902 -1966! ROBEI_iT J. I'I' SNAGAN WARD B. LEwiS LEONARD W. SIMONET CHARLES S. BELLOWS HAROLD C. EVARTS ARCHIBALD SPENCER ROBERT M. SHARE ROBERT L. CROSBY WILLIAM R JO"+1:S. JR. LEONARD M ADDINGTON ROHE RT R. BART H N. WALTER GRAFF F_N n. BARNARD z Z. s -c BEST, FLANAGAN, LEWIS, SIMONET AND BELLOWS ATTORNEYS AT LAv, 1200 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 February 20, 1969 Dr. Spencer W. Myers Superintendent of Schools Edina School District Suite 344 4660 West 77th Street Edina, Minnesota 55.35 Dear Spencer: AREA CODE 612 339-7121 1969 ~ �� �. l5 o� The president of Thorpe Brothers, Inc., was in the office yesterday and left with me the recorded deed to the School District for the Wooddale Grade School and a map of the school district and offer to sell the Wooddale School property. He thought the school district might be inter- ested in keeping these items for historical reasons. You will note that there was a restriction in the deed whereby the property reverted if a school building was not built and the property was not used for school purposes. Several years ago when we registered the title to all the school properties under the Torrens system of land registra- tion we obtained a release of this restriction so that it no longer is in existence. Yours very truly, Ward B. ewis WBL /m Enclosures J zz46 Z To the School Board of Independent School District Humber 17, Hennepin County, Minnesota. Gentlemens minteapojis, Minnesota, July 10 , 1925, We do hereby make the following offers to your Honorable Body for consideration, 1. We offer to convey, by good and sufficient warranty deed, to the said School District, that portion of Lot five (5) in Block sixteen (16), in Brows, Section of Country Club District, Hennepin County, Minnesota, described as follows# Commencing at the southwest corner of said Lot 5, thence north along the east line of said Lot 5 a distance of 300 feet, thence west in a straight line a dlstanoe of 539 feet# more or less, to the east line of Lot 3 in said Block 16, thence south along, the east line of said Lot 3 a distance of 68.5 feet, more or less, to the south line of Lot 4 in said Block 16, thence east a distance of 132 feet, more or leas, along the south line of said Lot 4 to the west line of said Lot 5, thence south along the,weat line of said Lot 5 a distance of 231.5 feet, more or leas, to the southwest corner of said Lot 5, thence east along the south line of said Lot 5 a distance of 407 feet, more or less, to the place of beginning, In exchange for a conveyance by said School District of all its right, title and interest in and to that tract of land west of Uinnehsaha Creek and abutting on the northerl,, side of 50th Street, which comprises the old Edina School Site and on which is now located a school house, and uomprises3 some two (2) acres, more or less, the School District to have the right to ooasspy said present school house until the new school house to be erected on said above- dessoribed site is readily for occupancy, and the School District to have the right to ranove from said present school house, for use in such other school house, all desks, blactoards and other movable fixtures. 2.. IWO offer to pay to the said School District the suns of seven thousand dollars (N17000.00) when and if the School District shall acquire on or before January 1st, 1926, good title to and possession of that rectangular strip of land known as the Post property, which lies adjacent - 1 - to and southerly from said Lot 4 in said Block 16, to be used with the premises described in offer lio. 1 all a school site. 3. we offer to convey by brood and sufficient warranty deed to the said School District the I °xast Half of Lot one (1). Block One (1), Fairway Section in Country Club District which abuts on the west side of the present Grimes Avenue school site, in exchange for said school District conveying and dedicaat- ing to the public for highway purposes a strip of land thirty -three (33) feet wide along the south line of the present Crimes Avenue School side, together with a diagonal strip of land sixty (60) feet wide across the easterly par tibn of said site and running in a northeasterly and southwesterly direction, together with the diagonal piece of land lying southwesterly of said last described strip, said diagonal piece to be used for park purposest Offer Number 2 is specifically made dependent on offer Number 1 in that it shall be not accepted unless offer Imber 1 shall also be accepted. In the event that offers Nutbers 1 and 2 are accepted, we further agree to cause to be graded to such a grade as your honorable body may require for school pur- poses, and to cover with black dirt the ourfaces thereof after such grading is completed, those portions of the premises described in offers Numbers 1 and 2 that your honorable board. may desigrnate, provided that no grading shall be re- quired after the expiration of the year 1926. Tie are depositing in connection with offers Numbers 1 and 2 and an an earnest of our good faith in this .matter with the First 114tional Hants in escrow a deed to the premises described in offer Hruaber 1, together with our check for 07000.00,this deed and this check to be delivered by the First Vational Bank to your honorable body upon the due acceptance of offers numbers 1 and 2. These offers are to remain open for acceptance by the voters, and by proper action of your honorable board, for sixty days after the date hereof. she consideration for (keeping; these offers open until that date exists in the adoption of a resolution by your honorable board submitting in effect the propo- sitions containedd in offers Numbers 1 and 3 to the voters of the District. These offers and each of them are :ode subject to the express - 2 „ Oondition that aV aOo4Dpt4u*O of them, together with all procesdixes alltharising such a0ceptanae, shall be approved as to legality by our attars. , E' /u r SCHOOi 111STRIC #17 lie Indic aPas $Ot�nclar Of To be //eta /..ed Itl i rE LAGWEN CLUB Aous �� IL `0 0 Proposed s"* ro,• � ' New /Z Room Jchoo/ „a IHTERLP KEN Pont) w.. $0 St. _ a u i present SCA001 Aislrict No. 17 C "ll 5T, 0 I I 54 fN E- D i I ICI Crowe 6r Trfer Hoe - Ar; /1/eie. ef/e Are J, SCHOOA- IS ISTRICT *17 t- F- 3 /4 = i ►„i Je Indica7e5 $Orincfe:rV y y of 5c,4c3o/ NTEi4LacKEN ..I.. INTER a a wMat ram @WKN'V MIR MORIN Emialm E- D II SO".# Schoo/ To be Helaimacl 'se./ s fe r-or UROOD Sc/,00/ Present SC/Ioo/ AistricY /Yo. %7 .'icy in. 54!15T 1-awn by 1ewor Moe - 117, /fiore,.efh /ore J. O wMat ram @WKN'V MIR MORIN Emialm E- D II SO".# Schoo/ To be Helaimacl 'se./ s fe r-or UROOD Sc/,00/ Present SC/Ioo/ AistricY /Yo. %7 .'icy in. 54!15T 1-awn by 1ewor Moe - 117, /fiore,.efh /ore J. J SAY 2t!-uw 19, —O.rr N II Q 3 is -' t75 77 477 r re n �ooy�s ;Nara.�d A D S 'ls 09 NA, it N3H tf 1M31NI �eey�p w.eod.t/ way = O nr3�+oe+� a1N po"!"Itad aq o1 /OOy .7s //ou-s � - ti.+vPunog sa,�o��pul lr# 1�1W.Ls +Q -roow f MY A##-1 4f/ LIl ' POV 40AVOr 4 vmvw ui►a-9 r r 1S 0,9 _ � " QNOZJ N3N tl'iM31N� " /°°Y-,r weob ti �+a y O ••oI ms's Pssodo,�r � n°. � hl3}17tJ1 3LNj �J po.lb'CO j Of e1 r m n 1S 0,9 _ � " QNOZJ N3N tl'iM31N� " /°°Y-,r weob ti �+a y O ••oI ms's Pssodo,�r � n°. � hl3}17tJ1 3LNj �J po.lb'CO j Of e1 LIB l��ats� Q -rooH�s . 200y— Warranty Deed By Corporation wMne e. eeere • ese, we., rweeeiMi� �yP A lade thi13 D LA r -6th--------- _ - - - day of ------------ july------------ - - - - -- -------...------ in the year of our Lord one thousand nine hundred and -- _--- ..._..TWOMY41 —Tv... -1 9 -25) --- ------ ----- -------- ---- -- between - -- -------- ............................ ............. ..- --------------------------------------- ---- .... ._.._. - - - - -- - ---- - - - - -- -- - - - - - -- .......... __---------------------._ ............. ................................ --------- - - - - -- i (a corporation under the laws of the,....... State ---- of --- Minnesota, ----------------- _ ................. ), party of the first part, and .............................. rude. peg ►Mat .... School ._Di_s_t_r.ict.. N=ber---- Soveantemn ... (1.71 .............................................................................. - ----------------------------------------------------------------------- - -------------------------------- --- ... ................................................ ____ ------------------- - -- ...._-----------------------------_------------ of the County of .................. exinep in- ._.._._.....___.__..__...._ and State of ....... M nllsoptk_ ......... party...... of the second part; j W I T N E S S E T H, That the said party of the first part, in consideration of the sum of ONE $1.00) DOLLAR AND OTHER VALUABLE CONSIDERATION -.�6 to it in hand paid by the said part ............ of the second part, the receipt whereof is hereby acknowledged, does hereby Grant, Bargain, Sell and Convey unto the said party........ of the second part,..-its .... ......................... successors X§X6 and assigns, Forever, all ._....___ th$t_.._...- __...._ _tract or parcel of land lying and being in the County of -------------- - Hennepin - - -_ -- - - ----- _- _- - - - -_- -,_and State of .Minnesota described as follows to -wit: All that ...part of...Lots,., Four (4) and -Five _(5)o Block_ - Sixteen-- tl6) -,- Country - _Club-- Disbrj�ct, Brown Section, lying south of a line three hundred (300) feet north of, and parallel I to -- the -- -south tin® -of- sai- d-- 3l- oek-- Stateen- (16) , -- -all - according --- to ... he--- plat- --- thereon-- rioia - -on i f-i -le - -- and --- f- re- car-- d--i- n--- t- he-- offi -ce...of...the- .Reg-ieter...of. Deeds ... in ... and --- for --- *aid ...covnty--- and stater---------- - - - - -- - ------- - --- ---- - --- _--------- - - - - -- -------- _....-------------------------------------- - ---- - -.. -. -- ----------------------------------. .......___--------------- - - - - -- - - -- - - -- --------------- - - - - -- ------- .----------------------------- Thie- deed- - -is.. given_- with_- the - understanding- that -_a_- modern. - .school- house., - -. consisti- ng-- of.__not less than eight rooms, be erected on said premises before August 15th, 1926; and that said ... premi ms are to - -be used_ for._ school purposes --- onlys .... arid... if the saims are ever.. used for ... any - -- other ---- purpose- , ---- or_. if- _- ties ---- same --- are abondoned --- f- or---- -sehool ... purpose* ..f -or..a per #o& o!'__.thre...................................... ev years, then and in that case this. -- conveyance shall be--- null...end- -void and title to said premises shall revert to the above named grantor, its successors or gls -�- - ,�'!T!1 i -------------- - - - - -- ----------------------------- - - - - -- - - - - -- -------------- - - - - - -- -- - - - - - - - ------ - - - - -- - - - - -- - - - -- -- -- - - -- ......... .. ... ----------- - - - - -- - -- -- - ------ - - - - -- ..- - ­­- . -- 11 -- - - - - -- ----- - - - - -- -------- - - - - -- ------------------- Subj®-ct_.. to--taxes ... subse-quent. - to__tho_ee.._levie_d -for _ the... year... 1924;............................................ .................................... --- - - - - -- ------------------------------ - ---_. ........ . - ---- --- - - - - -- -- - - - - - -- -------------------- ----- - - - - -- - - - -- ---------------------------------------------------------------------- ,ortve xttd faaTd fhe rtttze, Together with all the hereditaments and appurtenances thereunto belonging or in anywise appertaining, unto the said part.y. ........ f the second part ,----------- it.s--- ------ - - - --- -heirs and assigns, FOREVER. .4nd the, said ------------ - - - - -- Thorpe.. Bros.- - - - - -- -------- - - - - -- ------------------ - - - - -- ...... --............. ----- --------------- - - - - -- ----- - - - - -- party of the fcrst� art, 'or itself and its successors, does covenant with the said part..y. ...... of the second part, itf--- ---- --- ----- - - - - -s ce sor� , that it is well seized in fee o the lands and remises aforesaid, and has - -- an assigns f f p f , good right to sell and convey the same in manner and form aforesaid, and that the same are free from all encumbrances ._ exCepi - t4s - - --4 ?*To...ltat040 -------------- - ---------------------------- - - - - -- ---------- ------- -- - -_- - - -- ----------- . . . ........ ..... - - -------------------------------- .................................... ............................... ......................................... ............................... r --------------------------------------------------- - - - - -- ---- - - - - -- ----------------- ............................. ..... .... .................................. ..... ........ . --------------------------- +i and the above bargained and granted lands and premises in the quiet and peaceable possession of the said I art, o the second art su C ssor� p fir......... f p ,....At.s_________________ an assigns, against all persons lawfully claiming or to claim the whole or any part thereof, the said party of the first part will W✓1RRJXT JXD DEFEND. eft fesfimeq, hereoff, The said first party has caused these presents to be executed in its corporate name by its ....................... .........:............President and its Socrotary ....__...___._......_..and its torpor e s al to be hereunto afj'ixed the day and year first above writte Its. .. .................. Presidetnt Its ..... ....................Bear -atar-y i Z Z S =-- ` WARRANTYDEE'D E BY CORPORATION ............ horpm.. Bros.. - ............. ---------------- ...-------- to --------------- — ---------------------------------------- — ............--- °......- --. ---- ......... I Ind na0ant ...$ohsal...�?ixtx- iat... -- _caber - - ................................... ..._.1.?.). Office of Register of Deeds i Count Yof ------- - - - - -- ----------------------------------.-------------------- I hereby certify that the within Instru- i ment was filed in this off ee for record on the ---------------------- - - - - -- . day of ✓1. D. 192 - -- at------------------ _- - - - -- .. o'clock ........... M., I � and was duly recorded in Book ..................... . . .... i of Deeds on page ........ ................... •-- --- ------- ------ - - - - -+ ------- ----- ----- - - -- -- ---------- --- -- ----- - ----- - Register of Deeds By------------------ ----------------------------------------- - ----------- .Deputy Taxes paid and transfer entered this j .......... - - ................day of - --------------------------------------- 192 ...... .......... ........................................................................................... County Juditor 4255 ! Ov co y N• ;24 CF �' CF O n ZZ Z' 0 V S11 (0 CF L O• N Q i�. y r. O IN .w l� � Ve ►y ;�Qj, ! a+ a z ►' ; R zv c sv _0 a o Q _ Q ' ' i r O Vq � �" R i cry.• N, } O n• iR cp R Zj Q. + it YO+ ZQ co • q � R 1. y Q 4 Nn• CO C N•� Q' R• M N �� �0 Q, ;� Q O :r y Q b Q• � tir R R, y co A I Q4 Q R y R, Q cc C• N. r• ZI Corporation to Corporation r I EASEMENT THIS INDENTURE, made this _ _ day of 19 , by and between �Xe�rx Vgddo pub Ott gv!�agr►�a1 t�gxl.'b pistrIA a - V. t11 Clcunder the laws of the State of Nimesoft , party of the first part, and Minneapolis Gas Company, a corporation organized under the laws of the State of Delaware and duly authorized to do business in the State of Minnesota, party of the second part, WITNESSETH, That the said party of the first part, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, to it in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, does hereby grant to the said party of the second part, its successors and assigns, for- ever, the right, liberty and authority to construct, lay, connect, disconnect, operate and maintain gas service pipes, mains and connections upon the following described premises lying and being in the Muffe of XdtW , County of Hennepin and State of Minnesota, to -wit: The above named party of the first part does hereby covenant, for itself; its successors and assigns, that it is well seized in fee of the lands and premises above described and that it has legal title thereto and has the right, without restriction, to . J Corporation to Corporation - -Page 2 execute and deliver this easement In the event that gas service is discontinued, party of the second part shall have the right, but shall not be required, to enter upon the above described premises and remove all pipes, mains and connections which have been placed on said premises by party of the second part. IN TESTIMONY WHEREOF, The said first party has caused these presents Chairman to be executed in its name by its nd its Board Mart first above written.. In Presence of STATE OF MINNESOTA) )ss. COUNTY OF HENNEPIN) affixed the day and year Its Board On this �_'day of 19 ` �_, before me, a Notary Public within and for said County, personally appeared MNW-1 0 T. NaGarnumb and pze,,; Jamm V. Riebank to me personally known, w i each by me duly sworn, did say t ly e r Xctively the rd and the Board C2mft of the named in the foregoing instrument, xudiftax and that said instrument was signed min behalf of authority of its Boardzc and acknowledged said instrument to be the free act and deed of said WMqM22VtWK ge&oo l3l_ of , r Notary Puhi is Hennepin County, Minnesota My commission expires /,2 -- Y - I-- - i 1.599409 , _f C EXHIBIT D OPTION AGREEMENT THIS AGREEMENT, Made and entered into this 5th day of S.pt. m car , 1984, by and between INDEPENDENT SCHOOL DISTRICT NO. 273, a school district organized and existing under the laws of the State of Minnesota ( "School District ") and_the CITY OF EDINA, a municipal corporation ( "City ") WITNESSETH THAT: WHEREAS, School District has this day conveyed the real estate known as the Wooddale School site located in the City of Edina, Hennepin County, Minnesota, described on Exhibit A attached hereto and made a part hereof (the "School Site ") to City in fee simple; and WHEREAS, as a condition of the conveyance of the School Site from School District to City, School District has required that City agree to reconvey the School Site on the terms and conditions hereinafter set forth, at such time as School District shall need the School Site again for operation and use thereon by School District of a public school building for public education purposes, and; WHEREAS, City has accepted the conveyance of the School Site subject to the terms and conditions hereinafter set forth. NOW THEREFORE, In consideration of the conveyance of the School Site, and in further consideration of the mutual convenants contained herein and contained in that certain Purchase Agreement for the School /' Site dated itANE , 1984 by and between the parties hereto (the "Purchase Agreement "), it is hereby agreed as follows: 1. Option. City hereby grants to School District, and School District hereby takes from City, the exclusive option to purchase, without consideration, the School Site at any time in the future that School District determines that it needs the School Site for use thereon of a public school building for public education purposes, provided School District exercises this option in the manner hereinafter provided. 2. Condition of Property. School District and City hereby agree that City shall have the right, but not the obligation, at any time and from time to time, to demolish, relocate, remove, alter or remodel, in whole or in part, any improvements or property of every kind and description whatsoever, now or hereafter located on, in or about the School Site in any manner that City deems appropriate, and that School District's only right under this Agreement shall be to have the School Site reconveyed in whatever condition it and the improvements and property then thereon exists at the time this option is exercised; but subject to the right, but not the obligation, of City to remove, at City's cost, such improvements and property on the School Site at the time this option is exercised as City shall determine, such removal to be completed by the closing date of this option as herein provided, and if not so removed such improvements and property shall automatically become the property of School District. In addition, School District and City agree that City shall have the right, but not the obligation, to install, construct, locate, relocate, reconstruct, maintain, repair, replace and -2- C: relocate any easements and /or improvements for utilities, roads, paths, sidewalks, walkways, and landscaping now or hereafter existing on, over or under the School Site, or any part thereof, to locations within a strip twenty -five (25) feet in width along the perimeter of the property, along the northerly, easterly and westerly boundaries thereof, and to locations within a strip fifty (50) feet in width along the perimeter of the property along the southerly boundary thereof. School District agrees that upon conveyance of the School Site pursuant hereto, City may reserve easements located in, on, over, or under the twenty -five (25) foot and fifty (50) foot strips above - described for the improvements above described. 3. Exercise of Option. The option herein granted shall be deemed fully exercised if written notice of School District's election to have the School Site reconveyed from City to School District is given by School District to City. Such notice must be given by United States registered or certified mail, return receipt requested. 4. Closing Date. The closing date of any reconveyance, should the option be exercised as hereinabove provided, shall be not less than three (3) months nor more than twelve (12) months from the date notice of School District's election to have the School Site reconveyed was received by City, the exact date to be selected by City upon not less than ten (10) days written notice to School District. The place of closing shall be selected by City. 5. Purchase Price. School District and City agree that School District shall be entitled to reconveyance of the School Site as herein MI: r _ _ set forth without payment of any consideration beyond that stated and paid pursuant to the Purchase Agreement. City-and School District shall each pay their own costs in connection with the reconveyance of the School Site pursuant to this Option Agreement. 6. Title and Conveyance. Within a reasonable period of time after City has received notice of School District's exercise of this option, City shall deliver to School District a Registered Property Abstract ( "RPA ") covering the School Site, certified to date by a bonded abstractor and including searches covering bankruptcies and state and federal judgments and liens. School District shall have ten (10) days after delivery of the RPA for examination of title and the making of any objections thereto, said objections to be made in writing or deemed waived. If any objections are so made, City shall be allowed one hundred twenty (120) days in which to cure said objections. If objections to title are made as herein provided and if they are not cured within the time period provided, then School District may (i) elect to declare this Option Agreement null and void in its entirety, in which event neither party shall be liable for damages hereunder, or; (ii) postpone the date of closing until the title objections have been cured; or (iii) consummate the transaction in the same manner contemplated by this Option Agreement as if there had been no title objections, in which event City shall undertake to cure said objections at City's cost, or, if City fails to do so within a reasonable time, School District may do so and charge the cost to City. The exceptions listed in the following paragraph shall not be objections to title within the meaning of this paragraph. -4- r� - Conveyance of the School Site from City to School District pursuant hereto shall be by limited warranty deed subject to the following exceptions: (i) all encumbrances, charges and easements existing against or on the School Site as of the date of its conveyance from School District to City; (ii) any unpaid installments of special assessments levied against the School Site and any pending special assessments as of the date of the conveyance from City to School District pursuant hereto; (iii) a restriction in favor of City and enforceable by City by injunction and other appropriate relief, that the School Site be used by • the School District and its successors, only for operation and use of a public school building for public education purposes, such restriction providing in its terms that it will be automatically renewed forty years after the date of the conveyance from City to School District, and upon each fortieth anniversary thereof, thereafter; (iv) easements created and reserved by City in the manner set forth in Paragraph 2 hereof; (v) governmental building and zoning laws and ordinances and state and federal regulations; (vi) any other liens, charges, encumbrances, easements, or other matters consented to by School District. 7. Notices. Except as may be otherwise specifically provided, any notice or election herein required or permitted shall be deemed given or served by one party upon the other if mailed in a sealed wrapper by United States mail, postage prepaid, properly addressed as follows: -5- if to School District: 5555 W. 70th Street Edina, MN 55435 Attn: School Superintendent If to City: 4801 West 50th Street Edina, Minnesota 55424 Att: City Manager The addresses to which notices are to be mailed may be changed by either party giving notice to the other party in the manner above provided. 8. Successors and Assigns. This Option Agreement shall not be assignable by either party, but shall be binding upon and inure to the benefit of the parties hereto and their respective successors. 9. Memorandum of Option. At the request of either party, both parties hereto shall execute a memorandum of option, in recordable form, setting forth a description of the School Site and the term of the option herein granted and incorporating by reference all other provisions hereof. IN WITNESS WHEREOF, The parties hereto have caused these presents to be duly executed as of the day and year first above written. SCHOOL DISTRICT INDEPENDENT SCHOOL DISTRICT NO. 273 By Its And Its -6- CITY CITY OF EDINA By Ar STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this 2tb_ day of September , 1984, by Gy as Ceial Wrse�A•f and as of INDEPENDENT SCHOOL DISTRICT NO. 273, a Minnesota public corporation, on behalf of the corporation. STATE OF MINNESOTA ) ) as COUNTY OFHENNEPIN) f The foregoing instrument was acknowledged before me this � day of September 1984, by e> nt�rT, as_7L� and �jy/�/W )9: /r ,y . as ,.-O- of the CITY OF EDINA, a Minnesota municipal corporati , on behalf of the corporation. 4 0000 P � CRAIG L. LARCEN �"""•'o11ijy1,4 NOTARY PUBLIC MINNESOTA NO ry Pu '°�7�E F. 3 HENNEPIN COUNTY SEP ►'�(►; `6..: My Commission Expires Sept. 15, 1984 _7_ t; •,7li }71 ':ik C1 r' ^�',,`tY i2Y.uti n • 1' & t iJ; t •' CRAIG L. LAR6EN NOTARY PUBLIC -MINNESOTA HENNEPIN COUNTY My Commission Expires Sept. 15, 1984 STATE OF MINNESOTA ) ) as COUNTY OFHENNEPIN) f The foregoing instrument was acknowledged before me this � day of September 1984, by e> nt�rT, as_7L� and �jy/�/W )9: /r ,y . as ,.-O- of the CITY OF EDINA, a Minnesota municipal corporati , on behalf of the corporation. 4 0000 P � CRAIG L. LARCEN �"""•'o11ijy1,4 NOTARY PUBLIC MINNESOTA NO ry Pu '°�7�E F. 3 HENNEPIN COUNTY SEP ►'�(►; `6..: My Commission Expires Sept. 15, 1984 _7_ t; •,7li }71 ':ik C1 r' ^�',,`tY i2Y.uti n • 1' EXHIBIT A Property in the City of Edina, Hennepin County, Minnesota, known as the Wooddale School site, and legally described as follows: JPar 1: Part of Southeast Quarter of Northwest Quarter of Section 18, Township 28, Range 24, West of the Fourth Principal Meridian, described as follows: Commencing 440 feet West from Southeast corner of Northwest Quarter; thence West 132 feet; thence North 264 1/2 feet; thence East 132 feet; thence South 264 1/2 feet to place of beginning. Par 2: (a) All that part of Lots 4 and 5, Block 16, County Club District, Brown Section, lying South of a line 300 feet north of a and parallel to the South line of said Block 16, including that part of the North 1/2 of County Road No. 2, vacated, lying \F. between extensions across it of the East and West lines of said Lot 5, and Northwesterly of the Northwesterly line of New 50th Street. (b) All that part of the East 4 feet of Lots 2 and 3, S Block 16, Country Club District, Brown Section, lying South of a line 300 feet North from and parallel to the South line of said ` Block 16, including that part of the North 1/2 of County Road No. 2, vacated, lying between extensions across it of the West and East lines of said 4 foot tract. according to the plat thereof on file or of record in the office of the Register of Deeds in and for said County. (c) All that part of the Northeast Quarter of the Southwest Quarter of Section 18, Township 28, Range 24, lying Northerly of New 50th Street, generally known as State Aid Road No. 20, and East of Minnehaha Creek, including that part of the South 1/2 of County Road No. 2, vacated, lying between extensions across it of the Easterly line of Browndale Avenue and the Northwesterly line of New 50th Street, except that part thereof which lies southwesterly of the southeasterly extension of the westerly line (tangent segment) of Lot 2, Block 16, Country Club District, Brown Section. Together with all buildings and improvements thereon and all hereditaments and appurtenances belonging or in anywise appertaining thereto. 1599409 1� c ViNNES-ft) .0 Ni dQOQuent twils and WnAr sintered DEAWMENT Of F4W6'?TY TAXATION HENWIN 001J.P(TY MINN LOW V MR-9 TWO pft,j, A% % ",�* rfioltr 1" tow: tm 0* cur-on! "a' "lov Ir nry rot Lw g*-d t, L�l No. 1535 — LEASE -- General Form Miller-Davis Co., Minneapona lt� �nbenture, .Made this ...................... Z. Z..... .............................da o ..........., 19..6z..., y f ... ............................... by and between.......... nde.Pendept school District #2.73.,.....Hennepin....CQ ty.., ..................... ... ......................._....... ....... Minnesota arty of the rstpart, Lessor...... and ...t�'1e....Re.CtOr'..i.... .aX.'d ens. .... and... . Va str�. ymen ... of.....the .................. piscopaf Church of S;t. Stephen the Martyr, Edir ' ........................................................................................................................................... ............................... part, Lessee......, Witnteogetb, That the said party of the first part, in consideration of the rents and covenants, hereinafter hereina f ter mentioned, doe.e hereby Demise, Lease and Let unto the said party of the second part, and the said party of the second part do ... e.*ereby hire and take from the said party of the first part, the follow- ing described premises, situated an the County of ................................ H.......e... .nne .......P.i.n .................. ............................. , and State of ..........Min e.a nt. a ........................................ I ............ I ........... , viz: the parking area outside the fenced playground and lying to the West and immediately adjacent to the Wooddale School building, 50th Street and Wooddale Avenue, Edina, Minnesota, for parking automobiles only. Such parking area shall be used by persons attending church at St. Stephe Episcopal Church on Sundays and by persons attending other church functio at other times, provided that the area will not be used when school is in session, or at any time w en Lessee is advised by Lessor that use of the property for parking will conflict with school functions or with other use of the school building. to Jbabe anb to Jbolb, The above rented premises unto the said Lessee ..... tS... .suece.3oz' nd ten (10) y ears „ ............................ from and after the assigns, for and during the full term of ............................ ............................... .. f f first me,...Parking .... .. ......................... ..... . . ......... .......... ................, 6 ...a only ... „........Such...leas.�'... may... .k?E:...terminated...by .... e.j: ther .... p. ax' ty..... at .... any.....aime....upon........ givi.ng .... . xt .Y...... daY..s....... written... notic. e .... 4. f .... ter min ation.. ............................. ............................... .dnd the said Lessee...... agree -5. to and with the said Lessor...... to pay as rent for the above mentioned prem- ises the sum of .............. One.... Thousand ... and.... no /1,0.0.... (.$. 1..,. 0. 00) ................................................................ DOLL.4RS payable $100.00 on October 1, 1962, and on October 1 of each year thereafter during the term of said lease, to and including the payment due on October 1, 1971. As additional rental, Lessee shall maintain at its sole expense public liability insurance in an amount deemed adequate by Lessor and Lessor shall be a named insured therein, a copy of said insurance policy to be supplied to Lessor, .................................................................................................................... ............................... for and during the full term of this Lease. ✓Ind it is further agreed by and between the parties as follows: That should the said Lessee...... fail to make the above mentioned payments as herein specified, or to pay the rent aforesaid when due, or fail to fulfill any of the covenants herein contained, then and in that case it shall be lawful for the said Lessor...... to re -enter and take possession of the above rented premises, and hold and enjoy the same without such re- entering working a forfeiture of the rents to be paid and the covenants to be performed by the said Lessee...... for the full term of this Lease. .find the said Lessee...... also covenant..5, -and agree -S. to and with the said Lessor...... not to assign this Lease, or underlet the above rented premises or any part thereof, without first obtaining the written consent of the said Lessor......, and that. i.t .......... will, at the expiration of the time as herein recited, quietly yield and surrender the aforesaid premises to the said Lessorit s... sUC._ .� a�Ld assigns, in as good condition and repair as when ... ,it ........ took them, reasonable wear and tear and damage by the elements alone excepted. ✓Ind the said Lessor...... do ......covenant that the said Lessee......, on paying the rent and performing the covenants aforesaid, shall and may peaceably and quietly have, hold and enjoy the said demised premises for the term aforesaid. Ott Telitimonp Wbereof, Both parties have hereunto set their hands and seals the day and ear first above written. Independent School District # 732 Signed, Sealed and Delivered in Presence of Hennepin Count Minnesota S By 5 win n .......... ft.s... ton eat .......... ....... .. (SE.4L) ........................................................................... ............................... The Rector, Wardens, an Vestr �}� of dpi opal ” hurcTi' of fit: Stephen N M _ ......................................................................... .......I....................... 8jt. J ? ..... ........ ............................... (SE.fIL) And f is Otateof ............................................................................ Countyof .............................................................................. 88. .......... I ................... ...................................................................... Onthis ..................... .................................................. day of ................................................................... A. D. 19 ............. before me, a .......... ........................ ............................................................................................... I ... Within and for said Cozmty,pemonally appeared .................... ........................ I .............. ................ -.1 ......................................................................................................................... I ................... I ............... .......... ........................................................................................ .............................................. I .......................................................................................... to me known to be the person....., described in and who executed the foregoing instrument, and acknowledged that ......he...... executed the same as ....................................... free act and deed. ........... ........................................................ - ....... . ... .... ...... ....... Notary Public Countyof ................ ........... .......................................................................... Jfygommi-ssion• expires ................................................................... 19............ State of .......................................................................... A 4. 7 J� A 4. 7 Ui A No. 1535 — LEASE- ;General Form Miller -Davis Co., Minneapolis T ig 3ittbenture, .Made this ........................... , ....................... ............................dab of................. .................,............. 19.....�.?.... by and between ... r....... I AdepeAdent 5cho01.. D str1q......#.?.73..s.....He. Aepl a.... CaUnty ,# .......................... ........ Minnesota ............................................................................................................................................................................................................................. ........0...................... arty of the rst part, Lessor and... the .... RO.fR�.or., Wardens and 1ieS n...of...the ; .................. party Church of St. Stephen the Martyr.,.. Edin� .............. .............................................. ............................... part, Lessee......, Witnes;0etb, That the said party of the first part, in consideration of the rents and oovvenants, hereinafter mentioned, does hereby Demise, Lease and Let unto the said party of the second part, and the said party of the second part do..gdiereby hire and take from the said party of the first part, the follow - in described emises situated in the Count oiGnii @?.................................................... 1and State o p� y f.. .............................. f ......... M. nnesota .................................... ............................... viz: the pparking area outside the fenced playground and lying to the Vilest and immediately adjacent to the Wooddale School building, 50th Street and Wooddale Avenue, Edina, Minnesota, for parking automobiles only, Such parking area shall be used by persone.atteading church at St. Step Episcopal Church on Sundays and by persons attending other church fmct at other times, rQ.v.id.ed that the area will not be used when school is in session:, or a any time when Lessee is ;advised by Lessor that use of the property for parking will conflict with school functions or with other use of the school building. Ito JbAt anb to J#olb, The above rented premises unto the said Lessee..... its ... sUCaei,©.rhJbWnd assigns, for and during the full term of ............................. ton .... (.10) .... years ............................. from and after the ......... f.ir.t ........... ..........................:.day of ..... 0ct obey '............................ I9_652..., .for...automohil.e;... king..... only:" ....... Such ... lease ... may .... be .... Lermi. hated ...by. ... either .... party. ... at ... WV ... time..:. a:....... giving ... a uty...... (6£1j. .... days ... .... written ... notice .... of... termin ation* ............................ ............................... Jnd the said Lessee...... agree.;. to and with the said Lessor...... to pay as rent for the above mentioned prem- ises the sum of. ..........One...! hhou sand...* nd.... no / . ....(4 1. 00 w) ......................................... .......................DOLL.4RS payable $100.00 on October 12 19621, and on October 1 of each year thereafter during.the term of said lease, to and including the payment due on October 1, 1971• As additional rental, Lessee shall maintain at its sole expense public liability insurance in an amount deemed adequate by Lessor and Lessor shall be a named insured therein, a copy of said insurance policy to be supplied to Lessor, ..................................................................................... ............................... ...........................: for and during the full term of this Lease. .Ind it is further agreed by and between the parties as follows: That should the said Lessee..:... fail to make the above mentioned payments as herein specified, or to pay the rent aforesaid when due, or fail to fulfill any of the covenants herein contained, then and in that case it shall be lawful for the said Lessor...... to re -enter and take possession of the above rented premises, and hold and enjoy the same without such re- entering working a forfeiture of the rents to be paid and the covenants to be performed by the said Lessee...... for the full term of this Lease. .4nd the said Lessee...... also covenant.a..and agree ... 9 to and with the said Lessor...... not to assign this Lease, or underlet the above rented premises or any part thereof, without first obtaining the written consent of the said Lessor......, and that-it .......... will, at the expiration of the time as herein recited, quietly yield and surrender the aforesaid premises to the said Lessorg.tq .... sUC.0 VSd assigns, in as Food condition and repair as when .... i.t ....... took them, reasonable wear and tear a amage by the elements alone excepted. .4nd the said Lessor...... do ......covenant that the said Lessee......, on paying the rent and performing the covenants aforesaid, shall and may peaceably and quietly have, hold and enjoy the said demised premises for the term aforesaid. 3n Zvdimonp Nbereof, Both parties have hereunto set their hands and seals the da and ear rst above written. Independent School Distract 27, Signed, Sealed and Delivered in Presence of Hennes in Count nn.esots .. ............................... (SEAL) By X siW M F� .%. Co ? ... �4, ... ...... SE✓IL) ............................................................................. ............................... .,The_.Restar ,Wardens, an..., lies Me of Ep scope hurc� ... f dt; Step e 14 ................ . ... (SEAL) ..... . And . Is thm Otate of Countyof ............................................... ............................... lsa. ................................................................... ............................... Onthis ............. ............................... ............................day of .................................... .............................., .4. D. 19............, before me, a ............................................................................... ............................... .........................within and for said County, personally appeared ........................................................................................................................................................................................................................... ............................... ............................................................................................................................................................................................................................ ............................... to me known to be the person...... described in and who executed the foregoing instrument, and acknowledged that ......he...... executed the same as ........ ............................... free act and deed. .......................... r ................................................................. ........ ......................... Notary Public County of ......................................... ............................... .............................. Jfygommission• expires .................................... ............................... 19............ State of. ........................................................................ - u M 6 z z E B V Ur a 0 oc a 2 N gi � WS • C3