HomeMy WebLinkAbout2457350 PARE AVENUE
NEW YORE, NEW YORE 10022
(212)415 -9200
1330 CONNECTICUT AVENUE, N. W.
WASHINGTON, D. C. 20036
(202)857-0700
3 ORACECHUHCH STREET
LONDON EC3V OAT, ENGLAND
44 -71- 929 -3334
36, RUE TRONCHET
75009 PARIS, FRANCE
33- 1- 42- 66 -59 -49
35 SQUARE DE MEEUS
B -1040 BRUSSELS, BELGIUM
32- 2- 504 -46 -11
Ms. Candice L. Fiedler
City of Edina
4801 West 50th Street
Edina, Minnesota 55424
DOBSEY & WHITNEY
A PAB'fNH8S -P INCLU 1- PH- SSIONAL CO8PO8ATfODiS
220 SOUTH SIXTH STREET
MINNEAPOLIS, MINNESOTA 55402 -1498
(612) 340-2600
TELEX 29-0605
FAX (612) 340-2868
JEROME P. GU IGAN
(612) 340 -286
October 12,1992
Re: Parkwood Knolls 23rd Addition Utility Easement
Dear Candy:
fir} 1
201 FIRST AVENUE, S. W, SUITE 340
ROCHESTER, MINNESOTA 55902
(507)288 -3156
1200 FIRST INTERSTATE CENTER
BILLINGS, MONTANA 59103
(406)252 -3800
507 DAVIDSON BUILDING
GREAT PALLS, MONTANA 59401
(406)727 -3632
127 EAST FRONT STREET
MISSOULA, MONTANA 59802
(406)721-6025
801 ORAND, SUITE 3900
DES MOINES, IOWA 50309
(515) 283-1000
Enclosed is a copy of the recorded Utility Easement relating to the
Parkwood Knolls 23rd Addition. The easement you forwarded to me with your
letter of August 11th was executed by Parkwood Knolls Construction Company. In
attempting to record the easement it was discovered the owner of the property
subject to the Easement was Carl Hansen. Consequently, the Easement was revised
and re- executed by the Personal Representatives of the Estate of Carl Hansen.
JPG:cmn
Enclosure
If you have any questions, please give me a call.
Yours triil—
Pero e
EASEMENT FOR UTILITIES
THIS INSTRUMENT, Made this day ofG ?Ci'ff 1992,
by and between Helen M. Hansen, Harvey C. Hansqh and Kenneth M.
Anderson, as Personal Representatives of the Estate of Carl M.
Hansen, deceased, parties of the first part, and the City of Edina,
a municipal corporation organized under the laws of the State of
Minnesota, party of the second part;
WITNESSETH, That the said Parties of the first part, in
consideration of One and No /100 Dollars ($1.00), to it in hand paid
by the said party of the second part, the receipt whereof is hereby
acknowledged, does hereby Grant, Bargain, Sell and convey to said
party of the second part an Easement in perpetuity for utility and
drainage purposes, including the right to enter for the purpose of
constructing, maintaining, altering, repairing and reconstructing
utility systems, under and across the following described property
situa%e in the County of Hennepin and State of Minnesota, to -wit:
The south ten (10.0) feet of Lot 2, Block 1, PARKWOOD
KNOLLS COUGAR ADDITION, according to the recorded plat
thereof.
It is the intention and agreement of the Parties hereto that
the party of the second part shall in the construction or
maintenance of said utilities replace any shrubs or sod removed by
any excavation in connection with such construction or maintenance
work, in as nearly as possible the same condition as before such
excavation.
IN TESTIMONY WHEREOF, the said
presents to be executed on the day
Helen M. Hansen
Personal Representatives of
the Estate of Harvey C.
Hansen, Deceased
STATE OF MINNESOTA)
) ss.
COUNTY OF HENNEPIN)
first parties have caused these
and year first above written.
Harvey Hansen
Kenneth M. Anderson
The foregoing instrument was acknowledged before me this &j
day of , 1992 by Helen M. Hansen, Harvey C. Hansen and
Kenneth M. A erson, as Personal Representatives of the Estate of
,pd Carl M. Hansen, deceased.
ANN B. BURNS
NOTARY PUBLIC- MINNESOTA (Notarial Sea il :; HENNEPIN COUNTY
Fr!y Commission Expires Sept ?7 ' :r
"exempt from
This instrument was drafted by: RIDER, BENNETT, EGAN & ARUNDEL
2000 Lincoln Centre
333 So. Seventh St.
Minneapolis, MN 55402
22g487l
,itUISILREU VOIc2 PAGECn�►_�S.
VIA
OFFICE OF THE REGISTRAR
OF TITLES
HENNEPIN COUNTY, MINNESOTA.
CERTIFIED FILED ON
SEP 4 to
At,
REGISTRAR OF TITLES
3Y DEPUTY
N
MIG�OFIlM
T ,I:
1:.} SV .
V
WILL
OF
CARL M. HANSEN
I, CARL M. HANSEN, declare this my will and revoke all wills
and codicils made by me prior to the date of this will.
ARTICLE ONE
Payment of Taxes
I direct the personal representative to pay, without
apportionment, all death taxes of any character (including interest
and penalties) imposed by reason of my death. Death taxes as used
in the preceding sentence shall include any generation- skipping
transfer taxes on any transfer occasioned by my death.
ARTICLE TWO
Specific Gifts
2.1 - Gift to wife: I give all of my wearing apparel,
household goods and furnishings, all other tangible personal
property and any interest I may have in the real estate
constituting my home to my wife, HELEN M. HANSEN, if she survives
me.
2.2 - Contingent provision: If my wife does not survive me,
I give all property of the kind mentioned in the preceding
paragraph 2.1 to my son, HARVEY C. HANSEN; except that any interest
in the real estate constituting my home shall be added to my
'f
residuary estate to be disposed of in accordance with ARTICLE
THREE.
2.3 - Gift to Family Trust: I give the sum of One Million
Dollars to the trustee as a separate trust to be designated the
Family Trust, the property of which shall be disposed of in
accordance with ARTICLE FOUR. The gift provided by this paragraph
shall be reduced by an amount equal in value to the difference, if
any, between my GST exemption (as provided by Section 2631 of the
Internal Revenue Code) and that portion of my GST exemption
remaining unused at my death after allocating portions of such GST
exemption to all generation- skipping transfers (other than the ones
made by this paragraph) made by me at or prior to my death to the
extent necessary to exempt all such transfers from the generation -
skipping transfer tax otherwise applicable thereto.
ARTICLE THREE
Disposition of Residuary Estate
3.1 - Definition: By the term "my residuary estate" is
meant all property remaining in my estate after payment of all
items required by law to be paid therefrom and after satisfaction
of the preceding provisions of this will.
3.2 - Gift to wife: I give my residuary estate to my wife
if she survives me.
2
r
3.3 - Provision if wife doesn't survive: If my wife does
not survive me I give my residuary estate to the trustee as a
separate trust to be disposed of in accordance with ARTICLE SIX.
ARTICLE FOUR
Family Trust
4.1 Distribution of income: The net income of the assets
of this trust from the date of my death shall be distributed to my
wife during her lifetime in convenient installments and at least
quarterly. After the death of my wife, the net income of this
trust shall be distributed in convenient installments and at least
quarterly to my son or to any one or more of his issue, all as the
trustee may determine to be suitable and prudent to provide for the
care, support and maintenance of such persons.
4.2 - Uses of principal: The trustee may also from time to
time distribute to my wife such portions of the principal of this
trust as the trustee may determine to be suitable and prudent.
After the death of my wife, the trustee may also distribute to my
son or to any one or more of his issue from time to time such
portions of the principal of this trust as the trustee may
determine to be suitable and prudent to provide for the proper
care, support and maintenance of such persons.
4.3 - Termination of trust: On the death of the survivor of
my wife and my son, the trustee shall distribute One Hundred
3
r
VX- 9/ - l S/
Thousand Dollars ($100,000.00) to my son's wife, KAY HANSEN, if she
is then living, and all remaining property of this trust shall be
distributed to the then living issue of my son by right of
representation; except that the share so provided for any
grandchild of mine who has not then attained the age of forty years
shall be held by the trustee as a trust named for such grandchild,
the property of which shall be disposed of in accordance with
ARTICLE FIVE.
ARTICLE FIVE
Separate Trusts for Grandchildren
5.1 - Distribution of income: The net income of a trust
named for a grandchild of mine shall be distributed to such
grandchild in convenient installments and at least quarterly.
5.2 - Uses of principal: The trustee may also from time to
time distribute to the grandchild of mine for whom a trust is
named, such portions of the principal of such trust as the trustee
may determine to be suitable and prudent.
5.3 - Right of withdrawal: A grandchild of mine may with-
draw one -third of the then remaining property of the trust named
for such grandchild at any time after attaining the age of thirty
years; may withdraw one -half of the then remaining property thereof
at any time after attaining the age of thirty -five years; and may
4
withdraw all remaining property thereof at any time after attaining
the age of forty years.
5.4 - Distribution on death of grandchild: On the death of
a grandchild of mine, all remaining property of a trust named for
such grandchild shall be distributed as follows:
(A) Such grandchild shall have the power to appoint
such property in any manner except that (a) no
appointment may be made to benefit directly or
indirectly the estate of the holder or creditors of
the holder or of the holder's estate, and (b) any
interest so appointed must vest within twenty -one
years after the death of the survivor of myself, my
wife and all issue of mine living on the date of my
death. Such power shall be exercised by such
grandchild alone and in all events by his or her
last will executed after my death and expressly
referring to such power.
(B) Any property not so appointed shall be distributed
to the then living issue of such grandchild, by
right of representation.
ARTICLE SIX
Trust for Son
6.1 - Distribution of income: The net income of this trust
shall be distributed to my son or to any one or more of his issue,
all as the trustee determines to be suitable and prudent to provide
for the care, support and maintenance of such persons.
6.2 - Uses of principal: The trustee may also distribute to
my son or to any one or more of his issue such portions of the
trust principal as the trustee may determine to be suitable and
5
P/r- -./ t /
prudent to provide for the proper care, support and maintenance of
such persons.
6.3 - Distribution on death of son: On the death of my son,
all remaining property of this trust shall be distributed as
follows:
(A) My son shall have the power to appoint all or part
of such property to or for the benefit of any one
or more of my son's issue in such amounts and
proportions as my son shall determine. Such power
shall be exercised by my son by his last will
executed after my death and expressly referring to
this power.
(B) Any property not so appointed by my son shall be
distributed to the then living issue of my son by
right'of representation; except that the share so
provided for any grandchild of mine who has not
attained the age of forty years shall be held by
the trustee as a trust named for such grandchild,
the property of which shall be disposed of in
accordance with ARTICLE FIVE.
ARTICLE SEVEN
General Provisions
7.1 - Regarding survivorship of wife: If there is no
sufficient evidence that my wife and I died otherwise than
simultaneously, my wife shall be conclusively presumed to have
survived me for all purposes in the interpretation of this will.
7.2 - Appointment of trustee: I appoint my wife, HELEN M.
HANSEN, my son, HARVEY C. HANSEN, and KENNETH M. ANDERSON (herein
collectively referred to as "the trustee "), as the trustee of all
trusts created by this will. If my wife fails or ceases to act in
such capacity, no successor need be appointed to replace her. Each
of the other trustees shall have the power to appoint a successor
trustee to himself- -any such appointment to be evidenced by means
of a writing filed with each then acting trustee and to be subject
to change in similar fashion at any time prior to its becoming
effective.. No bond shall be required of any trustee.
7.3 - Trustee powers generally: The trustee shall have all
of the powers enumerated in Minnesota Statutes, Section 501B.81
(which constitutes a part of the Minnesota Trustees' Powers Act) as
such powers exist on the date of the execution of this will. The
trustee also shall have the power to determine the composition of
any distributive share (even though shares of dissimilar
composition may be allocated to similarly situated distributees)
except that in making any such determinations, all assets on hand
for distribution shall be valued as of the date of their
distribution, or as near thereto as may be reasonably feasible. My
son, while acting as a trustee, shall not exercise or participate
in the exercise of any power granted to the trustee by this will to
distribute any property to my son.
7.4 - Limitation on duration of trusts: Notwithstanding any
provision to the contrary herein, no trust under this will shall
continue beyond expiration of the period of twenty -one years after
the death of the survivor of myself, my wife and all issue of mine
7
living on the.date of my death. On the expiration of such period,
each trust theretofore in existence under this will shall terminate
and all remaining property thereof shall then be distributed to the
person for whom such trust is named.
7.5 - Gift in trust under certain circumstances: Whenever
a provision.of this will (other than the foregoing paragraph 7.4)
requires outright distribution of property to a person who is then
under age twenty -one years, such property shall instead be held by
the trustee as a trust named for such person. Portions of the net
income and principal of each such trust may be distributed to the
person for whom it is named as the trustee determines to be
suitable and prudent. When the person for whom any such trust is
named attains the age of twenty -one years, or upon the prior death
of such person, all property of such trust shall be distributed to
such person or to such person's estate.
7.6 - Definition of issue: Any reference herein to
"grandchildren" or "issue" shall include only my grandchildren
KELSEY HANSEN and CARL C. HANSEN and their lawful descendants.
7.7 - Miscellaneous: No distribution shall be made to a
trust beneficiary pursuant to the authority contained in other
portions of this will which would have the effect of discharging
any person's legal obligation to support such beneficiary.
8
i
ARTICLE EIGHT
Appointment and Powers of Personal Representative
8.1 - Appointment of personal representative: I appoint my
wife, HELEN M. HANSEN, my son, HARVEY C. HANSEN, and KENNETH M.
ANDERSON (herein collectively referred to as "the personal
representative ") as the personal representative of my estate. In
the event any personal representative fails or ceases to act, the
remaining personal representative or personal representatives may
continue to act without appointment of an additional personal
representative. I request that no bond shall be required of any
personal representative.
8.2 - Powers of personal representative: I grant to the
personal representative with reference to all property of my estate
powers in all respects corresponding to those granted to the
trustee under this will.
IN TESTIMONY WHEREOF, I have hereunto set my hand this �7
day of f�ra CtiK� R; 1990.
The foregoing instrument was on this day of
1990, signed signed at the end thereof and on the margin of pages one (1)
through eight (8), inclusive, by the above -named CARL M. HANSEN in
the presence of us and each of us, and the same was by him declared
and published as his will in the presence of us and each of us, and
at his request and in his presence and in the presence of each
9
k4
other we have this day hereunto subscribed our names as attesting
witnesses thereto.
G
residing at g�v `f D ',
\-� residin at
residing at
10
STATE OF MINNESOTA FOURTH JUDICIAL DISTRICT
DISTRICT COURT
COUNTY OF HENNEPIN PROBATE COURT DIVISION
File No. PX -91 -1515
In Re: Estate of
Carl M. Hansen, ORDER OF FORMAL PROBATE OF
WILL AND FORMAL APPOINTMENT
OF EXECUTORS
Deceased.
The petition dated August 2, 1991, of Harvey C. Hansen, for
the formal probate of the last will and for formal appointment of
executors of the above named decedent having duly come on for
hearing before the above named Court on September 3, 1991, the
undersigned Judge having considered such petition, being fully
advised in the premises, makes the following findings and
determinations, after having referred said matter to Referee in
Probate, Richard Wolfson, and said Referee having duly reported
to the Court his findings:
1. That the petition for formal probate of will and for formal
appointment of a personal representatives is complete.
2. That the time for any notice has expired and any notice as
required by the laws of this state has been given and
proved.
3. That the petitioner has declared and affirmed that the
representations contained in the petition are true, correct,
and complete to the best of his knowledge or information.
4. That the petitioner appears from the petition to be an
interested person as defined by the laws of this State.
5. That the above named decedent testator herein is dead,
having died on July 12, 1991, at Gaular, Norway.
6. That, on the basis of the statements in the petition, this
Court has jurisdiction of this estate, proceeding, and
subject matter.
7. That venue for this proceeding is in the above named County
of the State of Minnesota, because the decedent was
domiciled in such County at the time of his death, and was
the owner of property located in the State of Minnesota.
Court File No. PX -91 -1515
8. That decedent's heirs are as identified in the petition
commencing this proceeding.
9. That decedent died testate.
10. That the original, duly executed, and apparently unrevoked
last will of the decedent is in the court's possession, and
that the will to which the requested appointment relates
will be formally probated upon entry of this order.
11. That the petition does not indicate the existence of a
possible unrevoked testamentary instrument which may relate
to property subject to the laws of this state, and which is
not filed for probate in this Court.
12. That it appears from the petition that the time limit for
original probate and appointment proceedings has not
expired.
13. That from the statements in the petition, Helen M. Hansen,
Harvey C. Hansen, and Kenneth M. Anderson have. priority
entitling appointment as co- personal representative because
they are nominated in the last will of decedent as co-
personal representative, with no bond, in an undesignated
administration, and are not disqualified to serve as co-
personal representatives of the decedent.
14. That the petition does not indicate that a personal
representative has been appointed in this or another county
of this state whose appointment has not been terminated.
15. That this proceeding in uncontested, the petition being
unopposed, no objections having been filed.
16. That all heirs of the decedent survived the decedent by at
least 120 hours.
Now, therefore, it is ORDERED, ADJUDGED, and DECREED by the Court
as follows:
1. That the petition is hereby granted.
2. That the decedent's last will duly executed on December 14,
1990, is hereby formally probated.
3. That Helen M. Hansen, Harvey C. Hansen and Kenneth M.
Anderson are hereby formally appointed co- personal
representatives of the estate of Carl M. Hansen, deceased,
with no bond, in supervised administration.
Page - 2
a
Court File No. PX -91 -1515
4. That upon qualification and acceptance, letters testamentary
issue accordingly.
Dated: September (� 1991
(COURT SEAL)
:Findings Submitted By:
Richard Wolfs §n
Referee in Probate Court
BY THE COURT:
Patricia L. Belois
Judge of District Court
Probate Court Division
F' led: September 1991
4 60(1 0
Probate Court Administrator
Page - 3
M.S. 524.3 -601
SUPERVISED
STATE OF MINNESOTA FOURTH JUDICIAL DISTRICT
DISTRICT COURT
COUNTY OF HENNEPIN PROBATE COURT DIVISION
File No. PX -91 -1515
In Re: Estate of
LETTERS TESTAMENTARY
Carl M. Hansen,
Deceased
The above named decedent having died on July 12, 1991,
and Helen M. Hansen, Harvey C. Hansen and Kenneth M.
Anderson, all of Hennepin County, Minnesota, having been
appointed and qualified are hereby authorized to act as
personal representatives according to law. 4
!L� / 9/A X1991
Judge of District C urt
Probate Court Division
Patricia L. Belois
( COURT SEAL )
STATE OFMIMESOTA, COUNTY OF }IENNEPIN STATE OF MINNESOTA, COUNTY OF HENNEPIN
Certified to be a true and cormetto Copy of fre oriy;ral Carolled to be a true and ea ci Ii.J
I file and Of retadIn my ofnCe I further earthy saw detNrnent !s) Consisting Of cres
i l atteapre; in full fora and effect, on file and of record in My vmw
A4J&`311992 AUG 3 11992
Jack . P vo Dist. Ct. Administrator Jack � ' "'his ;• "'. Admn;i:.;g;;,r
By Deputyr E -� pU ±y
,9,1157
Y '
1#
2294870 �
REGrsTEREI -5,
GriQi
OFFICE OF THE REGISTRAR
OF TITLES
HENNErIN COUNTY, MINNESOTA,
CERTIFIED FILED ON
REGISTRAR OF TITLES
BY -- DEPUTY
i