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Home My WebLink About2305zSc'>S -- DORSEY, WINDHORST, HANNAFORD, WHITNEY & HALLADAY JOHN W. WINDHORST MICHAEL A. OLSON HENRY HALLADAY LARRY W. JOHNSON JULE HANNAFORD THOMAS 5. HAY ARTHUR B. WHITNEY G. LARRY GRIFFITH RUSSELL W. LINDQUIST CRAIG A. BECK DAVID R BRINK DAVID L MCCUSXEY HORACE HITCH THOMAS 0 MOE VIRGIL H. HILL JAMES W OHAGAN ROBERT V. TAR BOX JOHN M MASON ROBERT J. JOHNSON MICHAEL W WRIGHT MAYNARD B. HASSELOUIST LARRY L. VICKREY PETER DORSEY LOREN R. KNOTT GEORGE P. FLANNERY PHILLIP H. MARTIN CURTIS L. ROY REESE C JOHNSON ARTHUR E. WEISBERG CHARLES J. HAUENSTEIN DLANE E. JOSEPH CHARLES A GEER JAMES B. VESSEY JOHN C. ZWAKMAN WILLIAM A. WHITLOCK JOHN RWICKS EDWARD J. SCHWARTZBAUER EUGENE L. JOHNSON THOMAS M. BROWN JOHN W. WINDHORST, JR. CORNELIUS D. MAHONEY, JR. MICHAEL PRICHARD WILLIAM C. BABCOCK JOHN P. VITKO THOMAS S. ERICKSON WILLIAM R. SOTH MICHAEL E BRESS RICHARD G. SWANSON RAYMOND A. REISTER FAITH L. OHMAN JOHN J. TAYLOR DAVID A_RANHEIM WILLIAM J HEMPEL ROBERT J SILVERMAN JOHN S HIBBS THOMAS R MANTHEY ROBERT O. FLOTTEN WILLIAM R. HIBBS JOHN D. LEVINE PHILIP F. BOELTER ROBERT J. STRUYK WILLIAM B. PAYNE 2300 FIRST NATIONAL BANK BUILDING MINN EAPOLIS,MINNESOTA 55402 (612) 340 -2600 CABLE: DOROW TELEX: 29 -0605 TELECOPIER: (612) 340 -2868 1468 W -FIRST NATIONAL BANK BUILDING ST. PAUL,MINNESOTA 55101 (612) 227 -8017 115 THIRD STREET SOUTHWEST ROCHESTER, MINNESOTA 65901 (507) 288 -3156 September 8, 1978 City of Edina 4801 West 50th Street Edina, Minnesota 55424 Re: See attached Exhibit A. Gentlemen: ROBERT A. HEIBERG NICK R. HAY JOHN D. KIRBY IRVING WEISER ROBERT A. SCHWARTZBAUER STEPHEN E. GOTTSCHALK DAVID N. FRONEK THOMAS W. ELKINS THOMAS W. TINKHAM KENNETH L. CUTLER JON F. TUTTLE GARY M. JOHNSON EMERY W. BARTLE THOMAS W. FINN WILLIAM A. JOHNSTONE JAY L. BENNETT STEVEN K. CHAMPLIN ROBERT G. BAYER MICHAEL J. RADMER SUZANNE B. VAN DYK MICHAEL TRUCANO STUART R. HEMPHILL JAMES A. FLADER J DAVID JACKSON DAVID L. BOEHNEN W. CHARLES LANTZ MICHEL A. W70ND DOUGLAS E. RAY DON D. CARLSON STEVEN F. WOLGAMOT PAUL J. SCHEERER J. MARQUIS EASTWOOD DAN F. NICOL EDWARD J. PLUIMER FRANK H VOIGT KENNETH W. ERICKSON WILLIAM H. HIPPEE,JR OWEN C. MARX ROBERT A. BURNS JAMES E. BOWLUS ROGER J. MAGNUSON GEORGE L CHAPMAN J. ROBERT HIBBS THOMAS D. VANDER MOLEN JAY F. COOK MARK A. JARBOE STANLEY M. REIN BRUCE D. BOLANDER CHARLES L. POTUZNIK VERLANE L. ENDORF DENNIS P. BURATTI OF COUNSEL GEORGEANN BECKER DONALD WEST ROBERT L. HOBBINS WALDO F. MAROUART BARRY D. GLAZER GEORGE E. ANDERSON PETER S. HENDRIXSON JOHN F. FINN We have examined title to the above described premises as shown by the following: (a) with respect to Parcel 1, by a Registered Property Abstract (Certificate of Title No. 566016) certified to June 9, 1978, at 7:00 o'clock A.M. by Title Insurance Company of Minnesota; and (b) with respect to Parcel 2, by an Abstract of Title last certified to August 29, 1978, at 7:00 o'clock A.M. by Title Insurance Company of Minnesota. Based upon such examination, we are of the opinion that as of the dates and times of certification of said Registered Property Abstract and said Abstract of Title, fee title to said premises was vested in the CITY OF EDINA, a Minnesota municipal corporation, free and clear of all liens, charges and encumbrances, except as follows: 1. The premises are subject to the covenants, easements, charges and liens created by that certain Declaration of Mutual Easements dated January 27, 1977, made by 50th & France Office Building Partnership, which Declaration was recorded in the office of the Hennepin County Recorder on February 4, 1977, as Document No. 4264781, and in the office of the Hennepin County Registrar of Titles on February 11, 1977, as Document No. 1209069. 2 3 0 ', DORSEY, WINDHORST,HANNAFORD,WHITNEY & HALLADAY City of Edina -2- September 8, 1978 2. The premises are subject to the restriction that no use be made thereof, nor of any building or structure erected thereon, which does not conform to the "50th & France Commercial Area Plan" adopted by the Housing and Redevelopment Authority of Edina, Minnesota on December 3, 1974, or approved modifications thereof. 3. Real estate taxes due and payable with respect to Parcel 1 in 1977 and prior years are paid. Real estate taxes due and payable with respect to all of Tract A, Registered Land Survey No. 1476, in the total amount of $1,311.10, are one -half paid. No division appears to have been made. (District 24; Plat 76679; Parcel 3000). Real estate taxes due and payable with respect to Parcel 2 in 1977 and prior years are paid. Real estate taxes due and payable in 1978, in the total amount of $8,564.24 are one -half paid. These taxes cover Parcel 2 and additional land, but no division appears to have been made. (District 24; Plat 73970; Parcels 2910, 2870 and 2975). The office of the Registrar of Titles advises that Owner's Duplicate Certificate.of Title No. 566016 is at the Torrens office. This opinion is limited to the matters shown by said Registered Property Abstract and said .Abstract of Title. All matters not so shown are excepted from this opinion and include (a) rights of any parties in possession, (b) possibility of liens for improvements in process or completed on the premises within the last ninety (90) days, (c) general zoning and building laws and restrictions, (d) special assessments, (e) matters which an accurate survey of the premises would disclose, and (f) security interests in crops or fixtures under Chapter 336, Minnesota Statutes, not appearing in the Registered Property Abstract or Abstract of Title. very truly yours, DORSEY, WINDHORST, HANNAFORD, WHITNEY By 'HALLe�T)AY Dennis Buratti DB:jn Z 3,�> �5 Exhibit A (continued). That part of Lot 43, Auditor's Subdivision No. 172, Hennepin County, Minnesota, described as follows: Beginning at a point on the East line of said Lot 43 distant 166.5 feet South of the North line thereof; thence South along said East line to its intersection with Line "A" described below; thence West along said Line "A" to the most Southerly and Easterly corner of Tract A, Registered Land Survey No. 1426, Files of the Registrar of Titles, Hennepin County, Minnesota; thence North along the most Easterly line of said Tract A to its intersection with the South line of the North 166.5 feet of said Lot 43; thence East, along said South line, to the point of beginning. Line "A ": A straight line drawn between the most Southerly and Easterly corner of Tract A, Registered Land Survey No. 1426, Files of the Registrar of Titles, Hennepin County, Minnesota, and a point on the East line of the West 107 feet of Lot 44, Auditor's Subdivision No. 172, Hennepin County, Minnesota, distant 181.05 feet North of the South line thereof. -2-