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Home My WebLink About2477G' F HUBERT H. HUMPHREY III ATTORNEY GENERAL STATE OF MINNESOTA OFFICE OF THE ATTORNEY GENERAL May 15, 1995 Donald H. Nordstrom Deputy Examiner of Titles Room A -701 Hennepin County Government. Center Minneapolis, MN 55487 Re: Application of David D. Naas to Register Title to Land Hennepin County File No. 19980 Attorney General File No. T- 13,0085 Dear Don: GOVM14MENT SERVICES SEMON 523 PARK STREET SUrm Soo ST. PAUL NN 55103.2106 TELEPHONE (612) 297.2040 I am in receipt of a letter dated May 9, 1995 from the applicant's attorney, Mr. James J. Moran, Jr., along with an Amended Land Title Summons, the Second Supplemental Report of Examiner of Titles, a survey of the amended description and the applicant's Memorandum dated March 16, 1995. On the basis of these documents, I now find no reason for the office of the Attorney General to object to the applicant proceeding by default against the State of Minnesota. I trust that this will obviate any concerns raised by my letter to you dated August 8, 1994. DLP:cjg cc: James J. Moran, Jr. phi 1.fgl Very truly yours, DAVID L. PHILLIPS Assistant Attorney General (612) 296 -6472 `RECEIVED MX(*"6 1995 Facsimile: (612) 297 -2576 - TDD: (612) 282 -2525 • Toll Fm Line: (800) 657 -3787 (TDD or voice) An Equal Opportunity Employer who Values Diversity Printed on 50% recycled paper (15% post consumer content) 41 M THOMSON, MORAN & GROTH, LTD. ATTORNEYS AT LAW SUITE 2250 100 SOUTH FIFTH STREET MINNEAPOLIS, MINNESOTA 55402 -1221 JAMES J. MORAN, JR. RONALD H. GROTH' G. SCOTT HOKE OF COUNSEL THOMAS F. SNYKER John S. Clifford, Esq. Dorsey & Whitney Pillsbury Center South 220 South Sixth Street Minneapolis, MN 55402 -2600 Dear John, TELEPHONE 612.339 -4567 FACSIMILE 612.349 -6210 May 16, 1995 RECEIVED MAY 1 8 1915 Re: Application of David D. Naas File No. 19980. I believe we have now resolved all of the problems in this matter. WILLIAM M. THOMSON Retired Also admtted in Iowa 1) A Satisfaction of the judgment against Edina had been filed in 1987, and we enclose a copy. The problem was that the document was improperly indexed in the Clerk's Office. 2) The description problem has been solved by amending the courses to follow the Ordinary High Water Line of the lake which the parties have adopted as the correct boundary between the properties owned by Applicant and the City of Edina. For explanation, I enclose copies of the following: a) Second supplemental Report of Examiner. b) Our Memorandum dated March 16, 1995. C) Amended Land Title Summons. d) Letter from Attorney General dated May 15, 1995. e) The revised description was drafted with the cooperation of the Hennepin County surveyor and Edina Planning Department. We understand they have no objection to completion of the proceeding in its present status. C: \W PW 1N\LETTERS\T0516Nas /tjbs THOMSON, MORAN & GROTH, LTD. John S. Clifford, Esq. May 16, 1995 Page 2 3) We are serving the Amended Summons on the City of Edina. Our extension of time to answer the original Summons is hereby revoked. We will appreciate your favorable response. JJM/tjbs Enclosures C:\ W P W IN\LETTERS \T0516N as /tj bs NEW YORK WASHINGTON, D. C. DENVEH ORANGE COUNTY, CA LONDON BRUSSELS Fran Hoffman City of Edina 4801 West 50th Street Edina, MN 55424 DoiRsEY & WHITNEY PROFESSIONAL IJMITED LIABILITY PARTNERSHIP PILLSBURY CENTER SOUTH 220 SOUTH SIXTH STREET MINNEAPOLIS, MINNESOTA 55402 -1498 (612) 340 -2600 FAX (612) 340 -2668 JOHN S. CLIFFORD (612) 340 -5618 May 22,1995 RE: Application of David D. Naas, File No. 19980 Dear Fran: ROCHESTER, MN BILLINGS GREAT FALLS MISSOULA DES MOINES FARGO Enclosed are copies of the documents I received from the attorney representing David Naas in the above Torrens proceeding. Note that in paragraph 2(e) of his letter, he represents that the Edina Planning Department has been involved in drafting the revised legal description and has "no objection to completion of the proceedings in its present status." Please take a look at this and give me a call within the next couple of days. If there is any problem with what they are now proposing, we will need to file a response by next Monday. V I y tru y , John S. Cliff r JSC ✓ �; Encl. NEW YORK WASHINGTON, D. C. DENVER ORANGE COUNTY, CA LONDON BRUSSELS Fran Hoffman City of Edina 4801 West 50th Street Edina, MN 55424 HORSEY & WHITNEY PIROPESSIONAL LIMITED LIABILITY PARTNERSHIP PILLSBURY CENTER SOUTH 220 SOUTH SIXTH STREET MINNEAPOLIS, MINNESOTA 55402 -1498 (612) 340-2600 FAX (612) 340 -2868 JOHN S. CLIFFORD (612) 340-5618 May 24,1995 RE: David Naas torrens proceeding Dear Fran: ROCHESTER, MN BILLINGS GREAT FALLS MISSOULA DES MOINES FARGO Enclosed is a survey drawing provided to me by Mr. Naas' attorney. It should correspond to the new proposed legal description. Please give me a call on Thursday to discuss our position in this matter. I will be out of the office on Friday. V y truly y r ohn S. Clif o JSC Encl. NEW YORK WASHINGTON, D. C. DENVER ORANGE COUNTY, CA LONDON BRUSSELS DORSEY & WHITNEY PROFESSI014AL ].IMITED LIABILITY PAJiTNERSHIP PILLSBURY CENTER SOUTH 220 SOUTH SIXTH STREET MINNEAPOLIS, MINNESOTA 55402 -1498 (612 ) 340 -2600 FAX (612) 340 -2866 VIA FACSIMILE William Thomson, Esq. Thomson, Moran & Groth, Ltd. 100 South Fifth Street Suite 2250 Minneapolis, MN 55402 JOHN S. CLIFFORD (612) 340 -5618 May 31,1995 Re: In the Matter of the Application of David D. Naas to Register Title to Certain Land Court File No. 19980 Dear Mr. Thomson: ROCHESTER, MN BILLINGS GREAT FALLS MISSOULA DES MOINES FARGO Enclosed, as we discussed, is a copy of Section 810.13 of the Edina Land Use, Platting and Zoning Code. As a condition to the City's consent to your proposed redescription of the boundary between Lots 7 and 17 of Auditor's Subdivision No. 196, we are requesting that your client sign a brief agreement in recordable form acknowledging that the property being registered adjoins and is contiguous to the lake, and that any plat or subdivision of the property will be subject to the 100 -foot dedication or easement requirement of Section 810.13, subd. 2. If your client is agreeable, I will send you a draft. Mr. Moran of your office has granted the City an extension of time to respond to the Amended Land Title Summons, until the close of business on Friday, June 2, 1995. If we can resolve this last issue during that time period, then I believe the City is prepared to consent to your petition. I look forward to hearing from you. JSC cc: Gordon Hughes Fran Hoffman Jerry Gilligan YohnVe tru y S. Cliff i NEW YORK WASHINGTON, D. C. DENVER ORANGE COUNTY, CA LONDON BRUSSELS HONG KONG Mr. Gordon R. Hughes City of Edina 4801 W. 50th St. Edina, MN 55424 Dear Gordon: DOI3SEY & WHITNEY PROFESSIONAL LIMITED LIABILITY PARTNERSHIP PILLSBURY CENTER SOUTH SEATTLE 220 SOUTH SIXTH STREET HOCHESTER, MN MINNEAPOLIS, MINNESOTA 55402 -1408 (612) 340 -2600 BILLINGS PAX (812) 340 -2888 GREAT FALLS MISSOULA deEttAllen DES MOINES Legal Assistant (612) 340-2882 FARGO September 25, 1995 John Clifford asked me to forward the enclosed Agreement dated June 30, 1995, between David D. Naas and the City of Edina. This was filed September 7, 1995 in the office of the Hennepin County Recorder as Document No. 6472287. Very truly yours, deEtt Allen Assistant to John S. Clifford Dorsey & Whitney P.L.L.P. ADA /ml Enclosure cc: Jerry Gilligan (w. enc.) 0 STATE OF MINNESOTA No. 19980 DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT In the Matter of the Application of DAVID D. NAAS, j SECOND SUPPLEMENTAL REPORT OF EXAMINER To Register the Title to Certain Land. ) TO THE HONORABLE JUDGES OF THE DISTRICT COURT OF HENNEPIN COUNTY: Reporting further in the above entitled matter, your Examiner notes that an Amended Application has been filed herein which amends the legal description of the lands to be registered herein in the form set forth hereafter. The "courses and distances" portion of the this description purports to define the ordinary high water line of Arrowhead Lake which adjoins the land being registered herein. As the amended description embraces less land than that which was contained in the initial Application, an Order of this Court dismissing that portion which has now been omitted has been obtained and recorded in the office of the County Recorder. The new description which should be used in all future pleadings is as follows: That part of the Northwest Quarter of Section 6, Township 116, Range 21 described as beginning at the intersection of the Northerly extension of the East line of Lot 1, Block 2, NAAS LAKE SIDE ADDITION and the Westerly extension of the most Northerly line of Block 1, INDIAN HILLS 2ND ADDITION; thence Easterly along said Westerly extension to the West line of the East half of said Northwest Quarter; thence Southerly along said West line to a point 676.5 feet Northerly from the Southwest corner of the Northeast Quarter of said Northwest Quarter, thence Easterly parallel with the South line of said Northeast Quarter of the Northwest Quarter 264 feet; thence on an assumed bearing of South 5 degrees 05 minutes 51 seconds East parallel with said West line of the East half of the Northwest Quarter 805.18 feet; thence South 49 degrees 18 minutes 40 seconds West, 108.70 feet; thence South 31 degrees 54 minutes 20 seconds West, 94.12 feet; thence South 17 degrees 59 minutes 44 seconds West, 146.93 feet; thence North 50 degrees 06 minutes 43 seconds West, 90.22 feet; thence North 31 degrees 19 minutes 25 seconds West, 82.33 feet; thence North 78 degrees 17 minutes 41 seconds West, 54.42 feet; thence North 75 degrees 02 minutes 16 seconds West, 66.44 feet; thence North 18 degrees 07 minutes 13 seconds East, 117.60 feet; thence North 08 degrees 21 minutes 38 seconds West, 140.67 feet; thence North 13 degrees 49 minutes 37 seconds East, 116.38 feet; thence North 06 degrees 41 minutes 54 seconds West, 123.73 feet; thence North 17 degrees 29 minutes 12 seconds West, to the Southeasterly line of Lot 5, Auditor's Subdivision Number 196, Hennepin County, Minnesota; thence Northeasterly along said Southeasterly line to a point judicially determined in Torrens Case No. 12605 marking the most Southeasterly corner of said Lot 5; thence Northwesterly in a straight line to a Judicial Landmark set pursuant to said torrens case marking the intersection of the Easterly line of Lot 1, Block 1, NAAS LAKE SIDE ADDITION with an angle point in the Easterly line of said Lot 5; thence Easterly along the Easterly line of said Lot 5 to a point judicially determined in said torrens case marking the intersection of said Easterly line with the Southerly extension of the East line of Lot 1, Block 2, NAAS LAKE SIDE ADDITION; thence Northerly along said East line of Lot 1, Block 2 and its extensions to the point of beginning. Although the legal description used above describes the premises with reference to the United States government survey, the historical descriptions in the applicant's chain of title refer to Lots 17 and 7, Auditor's Subdivision Number 196. A portion of the common boundary between said Lots 17 and 7 was shown on the original plat of Auditor's Subdivision Number 196 as an indefinite, irregular line which appears to be a water boundary of an unmeandered lake, shown as "Lake" on the Auditor's plat. As alleged at paragraph C of the Amended Application, it is the applicant's contention that the intended location of the easterly boundary of Lot 7, Auditor's Subdivision Number 196 [at least as the same was used as a boundary in deed Document Nos. 4623314 and 4782364 - abstract entries 185 and 185x] was meant to be coterminous with the ordinary high water line of Arrowhead Lake. I therefore recommend that an Amended Petition and Order for Summons and Summons be issued herein naming the State of Minnesota and City of Edina so that there may be evidence at the hearing to support a finding in the Decree that the intended location of the easterly boundary of Lot 7, Auditor's Subdivision Number 196 as described in deed Document Nos. 4623314 and 4782364 was meant to be coterminous with the ordinary high waterline of Arrowhead Lake as described in the Amended Application on file in Torrens Case No. 19980, and said instruments are so construed. Construing the deeds in this manner also dispenses with the necessity of the concluding statement set forth at paragraph 4(c) of the original Report as the applicant would not be relying upon the tax title to any portion of said lands embraced within Lot 7, Auditor's Subdivision Number 196. I therefore withdraw said concluding statement. 2 As this theory also requires a portion of the West line of Lot 17 to be construed [at least as the same is a common, irregular boundary line shared by Lots 7 and 17 as shown on said Auditor's plat] it will also be necessary that the amended Petition and Order for Summons and Summons name the applicant's predecessor in title to said Lot 17 as defendants, namely: L. L. Thoresen and Sara N. Thoresen [Book 2004 of Deeds, page 519, abstract entry 1401. I therefore assume there will be evidence at the hearing to support a finding in the Decree that the intended location of the westerly boundary of Lot 17, Auditor's Subdivision Number 196 as described in deed Book 2004 of Deeds, page 519, was intended to be coterminous with the ordinary high water line of Arrowhead Lake as described in the Amended Application on f le in Torrens Case No. 19980, and said instrument is so construed. Respectfully submitted this 30th day of March, 1995. RICHARD W EDBLOM, Examiner of Titles 3 HC 4003 (7 -83) STATE OF MINNESOTA No. 19980 DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT AkMED LAND TITLE SUMMONS IN APPLICATION FOR REGISTRATION OF LAND In the Matter of the Application of DAVID D. NAAS to register the title to the following described real estate situated in Hennepin County, Minnesota, namely: That part of the Northwest Quarter of Section 6, Township 116, Ran 9c. 21 described as beginning at the intersection of the Northerly extension of the East line of Lot 1, Block 2, NAAS LAKE SIDE ADDITION and the Westerly extension of the most Northerly line of Block 1, INDIAN HILLS 2ND ADDMO t; thence Easterly along said Westerly extension to the West line of the East half of said Northwest Quarter, thence- Southerly along said West line to a point 676.5 feet Northerly from the Southwest corner of the Northeast Quarter of said Northwest Quarter, thence Easterly parallel with the South line of said Northeast Quarter of the Northwest Quarter 264 feet; thence on an assumed bearing of South 5 degrees 05 minutes 51 seconds East parallel with said West line of the East half of the Northwest Quarter 805.18 feet; thence South 49 degrees 18 minutes 40 seconds West, 108.70 feet; thence South 31 degrees 54 minutes 20 seconds West, 94.12 feet; thence South 17 degrees 59 minutes 44 seconds West, 146.93 feet; thence North 50 degrees 06 minutes 43 seconds West, 90.22 feet; thence North 31 degrees 19 minutes 25 seconds West, 82.33 feet; thence North 78 degrees 17 minutes 41 seconds West, 54.42 feet; thence North 75 degrees 02 minutes 16 seconds West, 66.44 feet; thence North 18 degrees 07 minutes 13 seconds East, 117.60 feet; thence North 08 degrees 21 minutes 38 seconds West, 140.67 feet; thence North 13 de.zrees 49 minutes 37 seconds East, 116.38 feet; thence North 06 degrees 41 minutes 54 seconds West, 123.73 feet; thence North 17 degrees 29 minutes 12 seconds West, to the Southeasterly line of Lot 5, Auditor's Subdivision Number 196, Hennepin County, Minnesota; thence Northeasterly along said Southeasterly line to a point judicially determined in Torrens Case No. 12605 marking the most Southeasterly comer of said Lot 5; thence Northwesterly in a straight line to a Judicial Landmark set pursuant to said torrens case marking the intersection of the Easterly line of Lot 1, Block 1, NAAS LAKE SIDE ADDITION with an angle point in the Easterly line of said Lot 5; thence Easterly along the Easterly line of said Lot 5 to a point judicially determined in said torrens case marking the intersection of said Easterly line with the Southerly extension of the East line of Lot 1, Block 2, NAAS LAKE SIDE ADDITION; thence Northerly along said East line of Lot 1, Block 2 and its extensions to the point of beginning. RLIED My 09 1995 HENN. CO. 01ST. CT AMN STR OR CUM BY DEPUTY DAVID D. NAAS, ApplicantOGt VS. City of Edina, State of Minnesota, L. L. Thoresen and Sara N. Thoresen. also all heirs and devisees of any of the above -named persons who are deceased; and all other persons or parties unknown, claiming any right, title, estate, lien or interest in the real estate described in the Application or amendments herein. _ Defendants THE STATE OF MINNESOTA TO THE ABOVE -NAMED DEFENDANTS: You are hereby summoned and required to answer the Amended Application of the Applicant in the above - entitled proceeding and to file your answer to the said Amended Application in the office of the Clerk of said Court, in said County, within 20 days after service of this Amended Summons upon you exclusive of the day of such service, and if you fail to answer the Amended application within the time aforesaid, the Applicant in this proceeding will apply'to the Court for the relief demanded therein. THOMSON, MORAN & GROTH, LTD. Attorneys for applicant 100 S. Fifth Street, Suite 2250 Minneapolis, MN 55402 -1221 Address 612/339 -4567 Phone WITNESS, District Court Administrator /Clerk of said Court, and the seal thereof, at Minneapolis in said, County this day of �. / , , 19 . cl -� Deputy No. 19980 STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT In the Matter of the Application of } DAVID D. NAAS ) MEMORANDUM To Register the Title to Certain Land. ) * * * * * * * * * * * * * ** Attached hereto as Exhibit A is a copy of part of the Half- Section Print of Section 6- 116 -21 showing the subject tract and properties adjoining on the West. The approximate shoreline of Lake Arrowhead at the time of the Print is shown as a dotted line with an extension as a solid line for the southerly boundary of the subject tract. Part of the westerly line of the subject tract is designated as "ELY LINE of Lot 7 ". A copy of part of the plat of Auditor's Subdivision No. 196 including Lots 17 and 7 is attached hereto as Exhibit B. 1. Southerly Boundary The deed to Applicant in 1954 conveys all of Lot 17, Auditor's Subdivision No. 196 "lying North of the Lake" (See Exhibit C attached). The tract adjoining is described as the part of Lot 17 "in the lake" (Exhibit C). By these descriptions, the parties adopted the edge of the water as the boundary -- the "shoreline." The "shoreline" of a meandered lake is an acceptable boundary because, even though the location of the shoreline will change from time to time, the rights of the adjoining owners are determined by the substantial body of law with respect to riparian rights. Here, the "shoreline" is not an acceptable boundary because the lake is not a meandered water. A fixed location of the boundary must be determined. The Minnesota DNR has established the Ordinary High Water Line (OHWL) of Lake Arrowhead at elevation 875.8 feet. That Line is the most reasonable location for a fixed boundary. It is the closest approximation of the "shoreline" of the lake during a period of time. The part of the legal description of the subject property affected by Lake 1 C:%WPWJNXRE3WaasMem.307tMarch 16, 1995 /JJM:tjbs 7-- Arrowhead follows the OHWL as established. 2. 'ELY LINE OF LOT 7" This line was first described in the deed recorded in 1921 shown at Entry No. 75 of the abstract as follows: Thomas McCauley Warranty Deed , Margaret McCauley, wife Dated Feb. 16, .921 to Filed Feb. 21, 1921, 11:40 a.m. George E. Leach Book 928 of Deeds, page 113 Doc. `lo. 101655$ Consideration. :4 50.00 As to All that part of the 1'est 1/2 of ?Northwest 1/4 of Section 6, Township 1161 Range 21, described as follows: Commencing at the South- west corner of the Northeast 1/4 of the Northwest 1/4 of said Section 6; thence 1Iorth along Last line. of said :test 1/2 of Northwest 1/4, 476 feet thence due West 130 feet, more or less, to the lake;. thence Southerly along said lake shore to the point of intersection oy said lake shore line with the East lire of said West 1/2 of the Northwest 1/4;-thence North along the East line of the .'lest 1/2 of the Northwest 1/4, 140 feet, -,.ore or less, to beginning, containing--l-5 acres. Clearly, the boundary described was the "lake shore" as located from time to time. Both distances from the Quarter Section line are "more or less." The plat of Auditor's Subdivision No. 196 was recorded in 1929. It properly shows the subject line as an extension of the shoreline of the lake. However, the Half - Section Print arbitrarily shows the line in a fixed location but without East -West distances. Here again the "shoreline" is not an acceptable boundary and a fixed location must be determined. As stated in part 1. hereof, the OHWL established by the Minnesota DNR is the most reasonable location for a fixed boundary. One boundary of the tract conveyed to the City of Edina by Document No. 4782364 is the "East line of said Lot 7" and the proper location of that line is the OHWL of Lake Arrowhead. Thus, the boundary of the subject tract does not encroach upon the tract conveyed to the City of Edina. 2 CAWPWIN\RE3\Nae3Mem.307\March 16, 1995 /JJM:tjb% DATED: March 16, 1995. Respectfully submitted, THOMSON, MORAN & GROTH, LTD. By 7james J. Moran, Jr., No. 75024 Attorney for Petitioner 100 South Fifth Street, Suite 2250 Minneapolis, MN 5502 -1221 (612) 339 -4567 3 CAWPWngM3UQaasMem.307TMareh 16. 1995 /JJM:tjbs 16. 5 /ART N PART OF LOT 5 .......•• 5) 5 (26) 4 (25) S87.11 v -7 3 2 (22) (24) 01 (23) , 1�q �0 180• W6' 79 LA W PT LOT 5 (7) 16.5 130 ell /p. t 1 Eli (20) 84 105 PART Ln OF to f L 10 63 91 95 190 ol t-� PART OF LOT 7 94 PART OF LOT IT - -------------- A -------------------- ------ �� 1VAjq ��o 0 QUD1 _S _Doc� qGqo376 P4 OF LOT 7 307.58 o on Z�j Do aDD� Cx H r� j i A x\- o - A. ' 16.5 - i{ PART z PART Of LOT 5 i OF L01 6 (6) (5)—�` 30),• 5 1 N } ", lrr (25) TO _ Q�I�C �Ol� � 567•II' 6. r 3 2 (22) r o (24) (23) �00 1 11.8 4.180• -+ 876.25,E S. 79.72 1 R. �........ , .r. � 1 LA �e ?6 PT LOT $ 00 i 5 115 I i8. z7 3j f z (7) �{ 16.5 13 no /;z, g 1 84 ' PART c OF 1 v �os.56 l' IT IS DIFFICULT TO READ Nj1.A1'E � `• ze Z9�.5 THE WORDS "ELY LINE OF x`67 LOT 7° ON THE HALF SECTION. 92 I HERE, THE WORDS ARE IN - IA.y I n s qe �� A�� /f , LARGER LETTERS.' O1 ■ PART Of LOT T — / 1 PART OF LOT IT 10T'19'• -------------- _- __------ -- ---- - - ------ _} (') �t Sec. b -llb -z r 1° L AUDI SUED j •n ,t• �c�•.Scc 6 = _ _ OA49 — _ . ,� N /, .5ec 6. Tawnsn,p /,�. k12091C ?/ _ QLr_ If 3 t� 4 rA ! / 1 Jw • 7A i 9•oeAt .., • . �� -�� % •of SAC, ` of �� •• ' .. ' I /6 �, o .. � • . - �A W!][ �•. . "'•` is i •fir { a' ..f �: T .. r''' ,.. 14 :: _ • . Vr.ly 11110 U1 U .). A:i=.i.,u} ...i. ...- ..... ) -1. right of ray line to the point of beginning. Revenue Stamps 1P. 55 Witnessed and Acknowledged. L. L. Thoresen and Sara N. Warranty Deed Thomsen husband and wife Dated July 15, 1954 140 To :. Filed July 20, 1954•.3 :30 P.M. VDavid D. Nass and Ruth E. Book ;., Yf of Deeds, pager/, Nass, husband and wife Consideration: $1.00 etc. as joint tenants All of Lot 17, Auditor's Subdivisic Doc. No. 2$86041 No. 196, lying North of the Lake, r cept the North 200 feet. Free fror all incumbrances, except the lien c all unpaid special assessments and interest thereon. Revenue Stamps #2.75• Witnessed and Acknowledged. Nom, , • _. '...; «, raf 4&73593 .71 rt��+ •;= a•rAit OF WWU-OC OTA _ `��`• • . .._-- _........ DETAJi'T'1rtt:FJT Of REVEtft.fE , t .._..... _ ,� CONY"AMM Of "FEITED 1.0404 1 (bM*d PonosO t,to i kopeon ststatsa, sect" M-01. S+rb3rfiiw 1) `' " r��' ' THIS IND�NTL'>C� array this 2711 dry d Deter 191.'3 bstsnes tie t faro of W"ocsota, ae party d the fWa part, and city 1t1� d 1 . a Be+rtrfs ansll Srbdirister sa party of Ow sacowd part. WrTNESSETN: 1HiiE1LLLI, Ow }and benhmd sr &wrfbet wn duty forfeited to dw Ststt of lfiastssots for dw eoep7• amt of tsxsa, and, s. iv� .'•, WRLMEA.S, pur�t to lfiwoota StattreM S*ction 232.0!, snbd}rlriosl 1. t!w party of tM "Data t : STATE OF MINNESOTA -• DISTRICT COURT COUNTY OF HENNEPIN 1 T 5 p', FOURTH JUDICIAL DISTRICT 4' Patricia Winner and ;.Personal Injury Daniel Winter, COURT FILE NO. 85- 02.130 Plaintiffs, VS. SATISFACTION OF JUDGMENT Braun Engineesi.•ng T�!sfing, Inc., a Minnesota corporation, and the of rA;,,R, a mi.nnegora municipal corporation, Defendants. Michael J. Dwyer, one of the attorneys for the judgment %�7iLi creditor, hereby certifies that the judgment entered and docketed by the Court above -named in the action above - entitled on the 1.0th day of February, 1987, in favor of the plaintiff and against- defendant City of Edina for the sum of Twenty Thousand Seven Hundred Forty -seven and 32/100 (520,747.312) Dollars, has been paid and satisfied in full; and that the Clerk of said Court is hereby authorized to discharge said judgment of record. IN TESTIMONY 4THEREOF, I have Hereunto set my hand this /f day of j�� 1987. MACKALL(_ G',OUNSE & MOORE Michael u Zh 16M TCF owe121 South Eig Street Minneapolis, MN 5402 Subscribed and sworn to before �tTHtEENB Hkl ' me this 18th day o f March 19 87 NOTARY PUBLic —=MNESOTt 2 HENNEPIN COUNTY- , � „ , My Comrtussion Expires Mar. 21. 1993 Notary Public " '' 64'72287 AGREEMENT THIS AGREEMENT (this "Agreement ") is made as of June 30 1995, by DAVID D. NAAS, a single person ( "Owner "), in favor of the CITY OF EDINA, MINNESOTA, a Minnesota municipal corporation (the "City "). RECITALS: A. Owner has filed an Amended Application to register the title to certain land (the "Amended Application ") in the District Court for the Fourth Judicial District, Hennepin County, Minnesota (Court File No. 19980). The legal description of the land to be registered pursuant to the Amended Application (the "Subject Property ") is set forth on Exhibit A attached hereto. B. The City is the owner of certain lands adjacent to the Subject Property (the "City Property "), pursuant to two deeds recorded in the County Recorder's Office of Hennepin County, Minnesota, as Document Nos. 4573593 and 4782364. C. The relief requested in the Amended Application includes the establishment of the boundary line between the Subject Property and the City Property. D. In consideration for the City's consent to registration according to the Amended Application, Owner has agreed to execute, deliver and record this Agreement. AGREEMENT: In consideration of the foregoing recitals, and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owner hereby agrees with the City and declares, on behalf of Owner and his heirs, representatives, successors and assigns, as follows: 1. The Subject Property, as it now exists and as the same may hereafter be registered pursuant to the Amended Application, adjoins and is contiguous to a natural lake, within the meaning of Section 810.13, Subds. 2 and 3 of the City's Land Use, Platting and Zoning Code. Any plat or subdivision of the Subject Property shall be subject to the requirements of said Section 810.13, including without limitation the 100 -foot dedication or easement requirement of Subd. 2 thereof, as the same may hereafter be modified or amended in accordance with applicable law. 2. Nothing contained in paragraph 1 above shall prevent Owner or his successors or assigns from petitioning the City for a waiver or variance of one or more of the requirements of Section 810.13, or prevent the City from granting any such waiver or variance which it may deem justified, to the extent and in the manner provided by applicable laws, codes and ordinances. t , 3. This agreement constitutes a covenant running with the title to the Subject Property, shall be binding on Owner and his heirs, representatives, successors and assigns, and shall inure to the benefit the City and its successors and assigns. IN WITNESS WHEREOF, Owner has executed and delivered this Agreement as of the date first above written. . t STATE OF MINNESOTA ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of June, 1995, by David D. Naas. MUL AM M. THOMMN IWMyPUBLIC•ETA re►c«wo.emrNxi+.s000 Notary Public commission expires: This instrument was drafted by: Dorsey & Whitney P.L.L.P. QSC) 220 South Sixu1 Street Minneapolis, MN 55402 2 t S NON i% N. :. ,.� `� � .♦ 1• That part of the Northwest Quarter of Section 6, Township 116, Range. 21 described as beginning at the intersection of the Northerly extension of the East line of Lot 1, Block 2, NAAS LAKE SIDE ADDITION and the Westerly extension of the most Northerly line of Block 1, INDIAN HILLS 2ND ADDITION; thence Easterly along said Westerly extension to the West line of the East half 'of said Northwest Quarter, thence- • • . Sou therly along said West line to a point 676.5 feet ?Northerly from the Southwest corner of the Northeast Quarter of said Northwest Quarter. thence Easterly parallel with the South line of said Northeast Quarter of the Northwest Quarter 264 feet; thence on an assumed bearing of South 5 degrees 05 minutes 51 seconds East parallel with said West line of the East half of the Northwest Quarter 805.18 feet thence South 49 degrees 18 minutes 40 seconds West, 108.70 feet; thence South 31 degrees 54 minutes 20 seconds West, 94.12 feet thence South 17 degrees 59 rrinutes 44 seconds West, 146.93 feetkthence North 50 degrees 06 minutes 43 seconds West, 90.22 feet; thence Nord!t 31 degrees 19 minutes 25 seconds West, 82.33 feet; thence North 78 degrees 17 minutes 41 seconds West, 54.42 feet thence North 75 degrees 02 minutes 16 seconds West, 66.44 feet thence North 18 degrees 07 minutes 13 seconds East, 117.60 feet; thence North 08 degrees 21 minutes 38 seconds West, 140.67 feet; thence North 13 degrees Y9 minutes 37 seconds East, 116.38 feet-, thence North 06 degrees 41 minutes 54 seconds West, 123.73 feet thence North 17 degrees 29 minutes 12 seconds West, to the Southeasterly line of Lot 5, Auditor's Subdivision Number 196, Hennepin County, Minnesota; thence Northeasterly along said Southeasterly line to a point judicially determined in Torrens Case No. 12605 marking the most Southeasterly corner of said Lot 5; thence Northwesterly in a straight line to a judicial Landmark set pursuant to said torrens case marking the intersection of the Easterly line of Lot 1, Block 1, HAAS LAKE SME ADDITION with an angle point in the Easterly line of said Lot 5; thence Easterly along the Easterly line of said Lot 5 to a point judicially determined in said torrens case marking the intersection of said Easterly line with the Southerly extension of the East line of Lot 1, Block 2, NAAS LAKE SIDE ADDITION; thence Nord' erly along said East line of Lot 1, Block 2 and its extensions to the point of beginning. If 6472287,-__ 7SEP9515:35 06472287 SCO $4.50 7SEP9515:35 06472287 DOC $16-00 -7 F 1 3: 3 .6472287 71.1' r r -l'ITY REC FEE COPY FEE e AGREEMENT THIS AGREEMENT (this "Agreement ") is made as of June 1995, by DAVID D. NAAS, a single person ( "Owner "), in favor of the CITY OF EDINA, MINNESOTA, a Minnesota municipal corporation (the "City "). RECITALS: A. Owner has filed an Amended Application to register the title to certain land (the "Amended Application ") in the District Court for the Fourth Judicial District, Hennepin County, Minnesota (Court File No. 19980). The legal description of the land to be registered pursuant to the Amended Application (the "Subject Property ") is set forth on Exhibit A attached hereto. B. The City is the owner of certain lands adjacent to the Subject Property (the "City Property "), pursuant to two deeds recorded in the County Recorder's Office of Hennepin County, Minnesota, as Document Nos. 4573593 and 4782364. C. The relief requested in the Amended Application includes the establishment of the boundary line between the Subject Property and the City Property. D. In consideration for the City's consent to registration according to the Amended Application, Owner has agreed to execute, deliver and record this Agreement. AGREEMENT: In consideration of the foregoing recitals, and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owner hereby agrees with the City and declares, on behalf of Owner and his heirs, representatives, successors and assigns, as follows: 1. The Subject Property, as it now exists and as the same may hereafter be registered pursuant to the Amended Application, adjoins and is contiguous to a natural lake, within the meaning of Section 810.13, Subds. 2 and 3 of the City's Land Use, Platting and Zoning Code. Any plat or subdivision of the Subject Property shall be subject to the requirements of said Section 810.13, including without limitation the 100 -foot dedication or easement requirement of Subd. 2 thereof, as the same may hereafter be modified or amended in accordance with applicable law. 2. Nothing contained in paragraph 1 above shall prevent Owner or his successors or assigns from petitioning the City for a waiver or variance of one or more of the requirements of Section 810.13, or prevent the City from granting any such waiver or variance which it may deem justified, to the extent and in the manner provided by applicable laws, codes and ordinances. 3. This agreement constitutes a covenant running with the title to the Subject Property, shall be binding on Owner and his heirs, representatives, successors and assigns, and shall inure to the benefit the City and its successors and assigns. IN WITNESS WHEREOF, Owner has executed and delivered this Agreement as of the date first above written. 'Ob®r l _.. r e STATE OF MINNESOTA) SS, COUNTY OF HENNEPIN ) Lavia 1J. Maas The foregoing instrument was acknowledged before me this 3® day of June, 1995, by David D. Naas. WILLIAM M. THOMSM WTARYF= -wrlt M Notary Public Mrco 9"ALUM y commission expires: d This instrument was drafted by: J Dorsey & Whitney P.L.L.P. GSC) 220 South Sixth Street Minneapolis, MN 55402 2 ��YM. � 4 :LY , .. _. YYi That part of the Northwest Quarter of Section 6, Township 116, Range. 21 described as beginning at the intersection of the Northerly extension of the East line of Lot 1, Block 2, NAAS LAKE SIDE ADDITION and the Westerly extension of the most Northerly line of Block 1, INDIAN HILLS 2.ND ADDITION; thence Easterly along said Westerly extension to the West line of the East half 'of said Northwest Quarter, thence - Southerly along said West line to a point 676.5 feet Northerly from the Southwest corner of the Northeast Quarter of said Northwest Quarter, thence Easterly parallel with the South line of said Northeast Quarter of the Northwest Quarter 264 feet; thence on an assumed bearing of South 5 degrees 05 minutes 51 seconds East parallel with said West line of the East half of the Northwest Quarter 805.18 feet; thence South 49 degrees 18 minutes 40 seconds West, 108.70 feet; thence South 31 degrees 54 minutes 20 seconds West, 94.12 fee-,v thence South 17 degrees 59 trinutes 44 seconds West, 146.93 feet, thenca North 50 degrees 06 minutes 43 seconds West, 90.22 feet; thence Nord� 31 degrees 19 minutes 25 seconds West, 82.33 feet; thence North 78 degrees 17 minutes 41 seconds West, 54.42 fee , thence North 75 degrees 02 minutes 16 seconds West, 66.44 feet; thence North 18 degrees 07 minutes 13 seconds East, 117.60 fee; thence North 08 degrees 21 minutes 38 seconds West, 140.63 fee; thence North 13 degrees '19 minutes 37 seconds East, 116.38 feet; thence North 06 degrees 41 minutes 54 seconds West, 123.73 feet; thence North 17 degrees 29 minutes 12 seconds West, to the Southeasterly line of Lot 5, Auditor's Subdivision Number 196, Hennepin County, Minnesota; thence, Northeasterly along said Southeasterly line to a point judicially determined in Torrens Case No. 12605 marking the most Southeasterly comer of said Lot 5; thence Northwesterly in a straight line to a Judicial Landmark set pursuant to said totrens case marking the intersection of the Easterly line of Lot 1, Block 1, NAAS LAKE SIDE ADDITION with an angle point in the Easterly line of said Lot 5; thence Easterly along the Easterly line of said Lot 5 to a point judicially determined in said torens case marking the intersection of said Easterly line with the Southerly extension of the East line of Lot 1, Block 2, NAAS LAZE SIDE ADDITION; thence Northerly along said East line of Lot 1, Block 2 and its extensions to the point of beginning. 31 (;47M7 MY.r . �!te r Ceffmcng ate MC CA LEY TRAIL S85 °09'39 E 6.7§ %',' A LY E ENSIGN OF MOST N'LY LINE OF BLOCK INDIAN HILLS 2ND ADDITION x � n y NK PART OF LOT 5 i U1 •' AUD. SUED. ENO. 196 -3 p