Loading...
HomeMy WebLinkAbout2480WARRANTY DEED Corporation or Partnership to Corporation or Partnership No delinquent taxes and transfer entered; Certificate of Real Estate Value ( )filed ( )not required Certificate of Real Estate Value No. 19_ County Auditor By Deputy STATE DEED TAX DUE HEREON: $ 1.65 Date: October 20 , 1995 (reserved for recording data) FOR VALUABLE CONSIDERATION, _GROVES STICKNEY LIMITED LIABILITY COMPANY , a limited liability company under the laws of Minnesota Grantor,- hereby conveys and warrants to CITY OF EDINA , Grantee, a municipal corporation under the laws of Minnesota I real property in Hennepin County, Minnesota, described as follows: Outlot A, Mirror Oaks, according to the recorded plat thereof; THE SELLER CERTIFIES THAT THE SELLER DOES NOT KNOW OF ANY WELLS ON THE DESCRIBED REAL PROPERTY. THE TOTAL CONSIDERATION FOR THIS CONVEYANCE IS $500 OR LESS. (if more space is needed, continue on back) together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: None. GROVES STICKNEY LIMITED LIABILITY COMPANY By Z - George W. Stickney .' Its Chief Manager's STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged befo ;e me this 1st day of November, 1995, by George W. Stickney, the Chief Manager of Groves Stickney Limited Liability Company, a limited liability company under the laws of Minnesota, on behalf of the limited liability company. ' Notarial Stamp or Seal (Or Other SignaturcQof erson Taking Title or Rank) Acknowledgment KELLY J MGM WTARY VUWC . MlRIESOTA ANOKA COUNTY Yr O�I1MOn E�FM Jrl. E1. f00D THIS INSTRUMENT WAS DRAFTED BY: MOSS & BARNETT (JLW) A Professional Association 4800 Norwest Center 90 South Seventh Street Minneapolis, MN 55402 -4129 Telephone: (612) 347 -0300 Exhibit "B" Tax Statements for the real property described in this instrument should be sent to (Include name and address of Grantee): City of Edina 4801 West 50th Street Edina, MN 55424 970Z034 PARTIAL RELEASE OF MORTGAGE By Individual PARTIAL RELEASE OF MORTGAGE Date: October `'-d , 1995 (reserved for recording data) FOR VALUABLE CONSIDERATION, the real property in Hennepin County, Minnesota, legally described as follows: Lots 4, 5, 6 and 7, Block 1, and Outlot A, Mirror Oaks, according to the recorded plat thereof; (if more space is needed, continue on back) is hereb released from the lien of the Mortgage, owned by the undersigned, dated October ,�, 1995, executed by Groves Stickney Limited Liability Company, a Minnesota limited liability company, as Mortgagor, to William B. Boos, as Personal Representative of the Estate of Evelyn B. Boos, Deced nt, as Mortgagee, and filed for record October JI—, 1995, as Document Number G4 in the office of the County Recorder of Hennepin County, Minnesota. _ William B. Boos, as Personal Representative of the Estate of Evelyn B. Boos, decedent STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 7th day of October, 1995, by William B. Boos, as Personal Representative of the Estate of Evelyn B. Boos, Decedent. THIS INSTRUMENT WAS DRAFTED BY: MOSS & BARNETT (JLW) A Professional Association 4800 Norwest Center 90 South Seventh Street Minneapolis, MN 55402 -4129 Telephone: (612) 347 -0300 Exhibit "C" Signature f Person TakiAg Acknowledgment Notarial Stamp or Seal (Or Other Title or Ranh 9722034 971ZO34 MORTGAGEE'S JOINDER IN AND CONSENT TO PLAT WILLIAM B. BOOS, as Personal Representative of the Estate of Evelyn B. Boos, Decedent, the owner and holder of a certain mortgage, dated October IV , 1995, executed by Groves Stickney Limited Liability Company, a Minnesota limited liability company, as mortgagor, in favor of the undersigned, as mortgagee, and securing the original principal sum of $1,350,000.00, which mortgage was filed for record in the office of the County Recorder in and for Hennepin County, Minnesota on October it 1995, and recorded as Document No. 64 9 f0 8L , hereby joins in and consents to the plat of Mirror Oaks, filed for record in the office of said County Recorder on October 7-0 , 1995, and recorded as Document No. ti,Lt gg `7l-3 , and agrees that the lien of the mortgage held by the undersigned is and shall be subject to said plat and all lanes, boulevards, roads and easements shown on and dedicated pursuant to said plat. Dated: October 1995. William B. Boos, as Personal Representative of the Estate of Evelyn B. Boos, Decedent STATE OF _MINNESOTA ss. COUNTY OF HENNEPIN The foregoing instrument this 7th day of October, Personal Representative of tk Decedent. This instrument was drafted by: Moss & Barnett (JLW) A Professional Association 4800 Norwest Center 90 South Seventh Street Minneapolis, MN 55402 -4129 (612) 347 -0300 was acknowledged before me 1995, by William B. Boos, as ie Estate of Evelyn B. Boos, Notary Public Exhibit "D" g a r cR i A ?' "r ^TARY PUBLI0 1, NA ;r WIX 'rJ NENPJEPIV uG < F, y C0rrI, SSio.1 L, e ;T WARRANTY DEED 6496559 Corporation or Partnership to Corporation or Partnership No delinquent taxes WV1 P-1 e entered; Certificate of Re lue )file d ( , not d Certificate of Real E�eIN# V%yfildh. N GR pa w*v?TY01 60 19 Bir �• STATE DEED TAX DUE HEREON: $ 1.65 Date: October 20 199. OZINFf,144NESOT � CL-.S ! --= r• !LED AND CP% 95 NOV-3 Am 10:0 rr 64 ✓� ���Y,: O.itC 0 tU41� 9 U1 ] lit.. LLMOV9510:42 0649r�53 _0N .0 ; : MDQ9510 : 42 D6496s39 sc , s 9�a 03HER19510: 42: Ci %539 013C $16. 0 3 (reserved for recording data) GROVES STICKNEY LIMITED LIABILITY COMPANY UENNEPIId CMNTY MN DEED TAB; PAID By 11/€12/95 3.54PM PAID $1.65 George C Stickney Its Chief Manager STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 1st day of November, 1995, by George W. Stickney, the Chief Manager of Groves Stickney Limited Liability Company, a limited liability company under the laws of Minnesota, on behalf of the limited liability company. • 0 0 �. , � �J A 1-1 10 1. Notarial Stamp or Seal (Or Othe Title or Rank) xguLy J NMAO A ['9 1�roais tontB�p1� , Z' THIS INSTRUMENT WAS DRAFTED BY: MOSS & BARNETT (JLW) A Professional Association 4800 Norwest Center 90 South Seventh Street Minneapolis, MN 55402 -4129 Telephone: (612) 347 -0300 Signatur of erson Taking Acknowledgment Tax Statements for the real property described in this instrument should be sent to (Include name and address of Grantee): City Of Edina 4801 West 50th Street Edina*, "MN 55424 970ZO34 FOR VALUABLE CONSIDERATION, GROVES STICKNEY LIMITED LIABILITY COMPANY a limited liability company under the-laws of Minnesota Grantor, hereby conveys and warrants to CITY OF EDINA , Grantee, a municipal corporation under the laws of Minnesota real Qproperty in Hennepin County, Minnesota, described as follows: 0 Outlot.A, Mirror Oaks, according to the recorded plat thereof; i THE SELLER CERTIFIES THAT THE SELLER DOES NOT KNOW OF ANY WELLS ON THE DESCRIBED REAL (� PROPERTY. THE TOTAL CONSIDERATION FOR THIS CONVEYANCE IS $500 OR LESS. (if more space is needed, continue on back) "Q together with all hereditaments and appurtenances. belonging thereto,_. subject to the following exceptions: None. GROVES STICKNEY LIMITED LIABILITY COMPANY UENNEPIId CMNTY MN DEED TAB; PAID By 11/€12/95 3.54PM PAID $1.65 George C Stickney Its Chief Manager STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 1st day of November, 1995, by George W. Stickney, the Chief Manager of Groves Stickney Limited Liability Company, a limited liability company under the laws of Minnesota, on behalf of the limited liability company. • 0 0 �. , � �J A 1-1 10 1. Notarial Stamp or Seal (Or Othe Title or Rank) xguLy J NMAO A ['9 1�roais tontB�p1� , Z' THIS INSTRUMENT WAS DRAFTED BY: MOSS & BARNETT (JLW) A Professional Association 4800 Norwest Center 90 South Seventh Street Minneapolis, MN 55402 -4129 Telephone: (612) 347 -0300 Signatur of erson Taking Acknowledgment Tax Statements for the real property described in this instrument should be sent to (Include name and address of Grantee): City Of Edina 4801 West 50th Street Edina*, "MN 55424 970ZO34 r� Va STATE Or MINNESOTA, COUNTY OF HENNEM Certified to be a fto corr copy of the original on f W)M o�ect ftd in nhr offim N 742Z034 CONSERVATION RESTRICTION (Natural Condition) THIS INDENTURE, made this 20th day of October, 1995, between GROVES STICKNEY LIMITED LIABILITY COMPANY, a Minnesota limited liability company (hereinafter called "Owner," whether one or more), and the CITY OF EDINA, a municipal corporation under the laws of the State of Minnesota (hereinafter called "Edina "). WITNESSETH: That Owner, in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey unto Edina, its successors and assigns, forever, a Conservation Restriction pursuant to Minnesota Statutes S 84.64, for the purposes and on the terms hereinafter specified, over, on and across the tract or parcel of land lying and being in the County of Hennepin and the State of Minnesota, described in Exhibit A attached hereto and made a part hereof (hereinafter called the "Easement Area "). TO HAVE AND TO HOLD THE SAME, together with all the hereditaments and appurtenances thereunto belonging or in anywise appertaining, to Edina, its successors and assigns, forever. And Owner, for itself and its successors and assigns, covenants with Edina, its successors and assigns, that Owner is well seized in fee of the Easement Area and has good right to convey the interests therein pursuant hereto, and that the Easement Area is free from all encumbrances except the lien of real estate taxes and installments of special assessments payable therewith which are not yet due. And the Easement Area, in the quiet and peaceable possession of Edina, its successors and assigns, for the purposes hereby granted, against all persons lawfully claiming or to claim the whole or any part thereof, subject to the encumbrances hereinbefore mentioned, Owner will warrant and defend. The purpose of this Conservation Restriction is to assure that the Easement Area shall at all times predominately: (i) remain in its present natural condition; (ii) constitute scenic surroundings; and (iii) constitute a suitable habitat for fish and wildlife. To accomplish this purpose, Owner, for itself and its successors and assigns, does hereby covenant and agree that: 1. No buildings, roads, signs, billboards or other advertising of any kind, and no utilities or other structures of any kind, hereafter shall be erected or placed on or above any part of the Easement Area without the express prior written Exhibit "A" 742Z034 approval of Edina, and that no building within the Easement Area which is approved by Edina shall be used for residential purposes. 2. No soil or other substance or material shall be dumped or placed as landfill on the Easement Area without the express prior written approval of Edina. 3. No trash, waste or unsightly or offensive materials shall be dumped or placed on the Easement Area. 4. No tress, shrubs or other vegetation shall be removed from the Easement Area without the express prior written approval of Edina. 5. No loam, peat, gravel, soil, rock or other material substance shall be excavated; dredged or removed from the Easement Area without the express prior written approval of Edina. 6. No activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation or fish and wildlife habitat preservation, nor other acts or uses detrimental to the Easement Area as a natural and scenic open or wooded space or as a fish and wildlife habitat, shall be conducted or permitted to be conducted on the Easement Area without the express prior written approval of Edina. 7. No surface use shall be made of the Easement Area except for purposes consistent with the maintenance of the Easement Area in its natural open or wooded condition without the express prior written approval of Edina. 8. The Easement Area shall be maintained at all times by Owner, its successors or assigns, in full compliance with all applicable ordinances of Edina now or hereafter enacted, and in full compliance with the provisions of this Conservation Restriction. 9. This Conservation Restriction shall not operate to grant to Edina the right to use or improve, or to permit the public to use or improve, the Easement Area as or for a park. 10. The rights and § 84.65 shall be available violation or breach, or an the terms, covenants of Restriction, Edina may pri equity against the persoi breaching, or attempting covenant or condition, e breach or to recover dan Also, Edina, in the event remedies given by Minnesota Statutes to Edina. Also, if there shall be a attempt to violate or breach, any of conditions of this Conservation )secute any proceedings at law or in i, firm or corporation violating or ;o violate or breach, any such term, ither to prevent such violation or ,ages for such violation or breach. of such violation or breach, without -2- 742Z034 notice, may at its option undertake to perform the term, covenant or condition so violated or breached, and the costs incurred, including attorneys' fees, with interest thereon at the highest rate then allowed by law or, if no maximum rate is applicable, then at the rate of twelve percent (12 %) per annum, shall be payable by Owner, or its successors or assigns, on demand made by Edina, its successors and assigns, and Owner, its successors or assigns, also shall pay all costs of collection thereof, including attorneys' fees, with interest thereon as above provided, if payment is not made on demand, whether or not suit be brought. In addition to other remedies then available for collection of such costs and interest, Edina may charge such costs and interest against the Easement Area and any other property then included in the same tax parcel(s) as the Easement Area, in the same manner as special assessments (without, however, any notice or hearing of any kind) and collect the same with the real estate taxes against the whole of such tax parcel(s) which are payable in the year following the year such costs and interest are so charged. If such charges are not paid, the whole of such tax parcel(s) may be sold and conveyed in the same manner as lands forfeited for nonpayment of real estate taxes are sold and conveyed. 11. The terms, covenants and conditions hereof shall run with the land and shall be binding on all present and future owners and occupants of the Easement Area, and shall inure only to the benefit of Edina, its successors and assigns, and may be amended or modified at any time and from time to time by the sole act of Edina and the then owner(s) of the Easement Area, and may be released at any time by the sole act of Edina. IN TESTIMONY WHEREOF, Owner has caused these presents to be executed the day and year first above written. GROVES STICKNEY LIMITED LIABILITY COMPANY r By: George W. Sti��c�kney Its: Chief Manager This instrument is exempt from State Deed Tax. Sim 742Z034 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this lst day of November, 1995, by George W. Stickney, the Chief Manager of Groves Stickney Limited Liability Company, a Minnesota limited liability company, on behalf of the limited liability company. Notary Publ THIS INSTRUMENT WAS DRAFTED BY: Moss & Barnett (JLW) A Professional Association 4800 Norwest Center 90 South Seventh Street Minneapolis, MN 55402 -4129 Telephone: (612) 347 -0300 -4- KMLY J HICKS + NOTARY PWIC • MM EBGTA ANOKA mis an �� ►e ' 31, 2onr 742Z034 EXHIBIT A Easement Area That certain real property situated in Hennepin County, Minnesota, legally described as follows: That part of Lots 4 and 5, Block 1, Mirror Oaks, according to the recorded plat thereof, lying southerly of a line drawn parallel to and one hundred (100) feet northerly of the northerly line, as shown on said plat, of the pond which extends onto said Lot 5.