Loading...
HomeMy WebLinkAbout1969-10-06 Dunham Drive West of West Shore Drivei w 0 RESOLUTION VACATING A PORTION OF DUNHAM DRIVE WHEREAS, two weeks' published, posted and mailed notice of a hearing to be held on October 6, 1969, at 7:OO p.m. on the proposed street vacation hereinafter described has been given and made and a hearing has been held thereon by the Village Council : NOW, THEREFORE, BE IT RESOLVED by the Edina Village Council, Hennepin County, Minnesota, that that portion of Dunham Drive in South Garden Estates Fourth Addition lying West of West Shore Drive, all as platted and of record in the office of the Register of Deeds in.and for Henne- pin County, Minnesota, be and is hereby vacated effective November 5, 1969, unless on or before said date this resolution is amended, annulled or res- cinded by the Village Council. DATED this 6th day of October, 1969. STATE OF. MINNESOTA ) COUNTY OF HENNEPIN ) SS CITY OF EDINA 1 CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina, do hereby certify that 'the attached and foregoing resolution was duly adopted by the Edina City Council at its regular meeting of October 6, 1969, and as recorded in the Minutes of said regular meeting and that - said resolution has not been amended, annulled or rescinded since that date. WITNESS my hand and seal of said City this 2nd day of July, 1980. City Clerk DORSEY, MARQUART, WINDHORST, WEST & HALLADAY JAMES LDORSEY (1889-1959) DONALD WEST FREDERICK €.LANCE LAW OFFICES LARRY W. JOHNSON WALDO F. MAROUART JAMES B.VESSEY THOMAS 5. HAY JOHN W.WINDHORST WILUAM /\.WHITLOCK HENRY HALLADAY L J.SCHWARTZBAUER CURTIS LLFORSLUND G LARRY GRlFFltH 2400 FIRST NATIONAL BANK BUILDING JULE M. HANNAFORD THOMAS M BROWN ARTHUR RWHITNEY CORNEUUS D.MAHONEV RUSSELL W.LINDOUIST THOMAS 5. ERICKSON DAVID RBRINK WILLIAM C BABCOCK HORACE HITCH MICHAEL EBRESS VIRGIL H.HILL PAUL GZERBY ROBERT V.TARBOX RAYMOND AREISTER DEFOREST SPENCER JOHN J.TAYLOR ROBERT J.JOHNSON BERNARD G.HEINZEN M. 0. HASSELOUIST PETER DORSEY JOHN SHIBBS GEORGE I! FUNNERY ROBERT 0.FLOTTEN cmns LROY JOHN D.LEVINE ARTHUR LWEISBERG ROBERT J STRUYK DUANE CJOSEPH MICHAEL AOLSON WILUAM J. HEMPEL -. - ............... MINNEAPOLIS, MI N N ESOTA 55402 CRAIG ABECK DAVID LMcCUSKEY THOMAS O.MOE TELEPHONE: 333-2151 JOHN M.MMON JAMES HO~AGAN MICHAEL W.WRIGHT LARRY L VICKRPI AREA CODE612 CABLE AD0RESS:DOROW July 9, 1970 - ...... - .. _. .. LOREN R.KNOTT PHILUP HMARnN JOHN .LHELD.JR. REESE CJOHNSON JAMES ZHALVERSON CHARLES J. HAUENSTEIN CHARLES AGEER JOHN CZWAKMAN c JOHN RWICKS EUGENE L.JOHNSON ROBERT 0 KNUTSON JOHN W.WINDHORST,JR MICHAEL PRICHARD WILLIAM RSOM RICHARD GSWANSON RICHARD W. DuFOURJR FAITH LOHMAN DAVID ARANHEIM ROBERT J. SILVERMAN OF COUNSEL DAVID P BRONSDN LELAND W.SC0TT LEAVITT RBARKER Mrs. Florence Hallberg Village of Edina 4801 West 50th Street Edina, Minnesota 55424 Dear Florence: The documents on List No. 1, which is enclosed, have been duly recorded and they are returned to you herewith. recording data of documents which we have not received back from the courthouse. small fee. List No. 2 shows the If you desire copies of them, they can be obtained for a Very truly yours , e-/=.-.- Ma lene Jo nnsen Secretary $0 T. S. Erickson Off ice Dqcument From Legal Description Date Filed Docu. No. -- 4' Easement-Utility Ea s emen t- Wa lkway Eas emen t-U t ility Quit Claim Deed Warranty Deed Deed Easement Resolution Mr . Mr . Mr . Halla & wife A strip of land 10 feet in width the center- 11/13/69 957242 Reg. Title line of which is as follows: at a point on the West line of South Garden Estates 4th Addition, said point being 7 feet South of the Southwest corner of Lot 6, Block 9, South Garden Estates 3rd Addition; thence Southeasterly to a point on the extended line of West Shore Drive, said point being 19 1/2 feet Southerly of the Southeast corner of said Lot 6, Block 9, South Garden Estates 3rd Addition and there terminating. Commencing Halla & wife The West 5 feet of the North 26.045 feet of 11/13/69 957243 Reg. Title vacated Dunham Drive together: with the North 5 feet of the South 1/2 of vacated Dunham Drive from West Shore Drive to the West line of South Garden Estates 4th Addition. McCullough St The North 5 feet of the South 1/2 of 11/13/ 69 957244 Reg. Titlei wife Mr. Akins & wife Mr. Edwards & wife Mr. Norgren Mr. Frederiksen & wife vacated Dunham St. from West Shore Drive to the West line of South Garden Estates 4th Addition; together with the West 5 feet of the North 26.045 feet of vacated Dunham Drive from West Shore Drive to the West line of South Garden Estates 4th- Addition. Outlot D, Gleason Fifth Addition Part of Tract By RLS No. 1126 Outlot C, Hyde Park That part of the South 5 feet of Lot 2, Block 1, E. V. Klopp's Subdivision lying East of the West 10 feet of said Lot 2. Vacating West 65th Street between Ryan and Parnell Avenue 954306 Reg. Titles 10/ 6/ 69 10/6/ 69 954311 Reg. Title,. Reg. Title5 10/24/69 955763 9/18/69 953134 Reg. Title5 6/11/ 69 3778954 Reg. Deeds IC, 20 ciiment From Legal Description Date Filed Docu. No. Off ice *' Easement Eas em en t Easement Eas ement-U tility Resolution Eas ement-U tility ?5r .* Frederiksen & wife Mr. Engh & wife J. Willard Johnson & wife William H. Doepke & wife Harold 13. Hargrove 6r wife That part of the North 5 feet of Lot 3, 9/18/69 953135 Reg. Titles Block 1, E. V. Klopp's Subdivision lying East of the West 10 feet of said Lot 3. Commencing at the Southeast corner of Lot 10/27/69 955836 Reg. Titles 6, Block 3, Codes Highview Park; thence Northerly along the East line a distance of 5 feet; thence Southwesterly to a point on the South line a distance of 5 feet Westerly from the Southeast corner of said Lot 6; thence Easterly to point of beginning. Part of Lot 1, Block.1, Codes Highview 9/23/69 . 953352 Reg. Titles . Park Hawthorne Replat A 10 foot strip of land the center line of ' 9/11/69 . 952573 Reg. Titles which is described as follows: Commencing at a point on the East line of that part of the South 20 rods of the Southwest 1/4 of the Southwest 1/4 of Section 5, Township 116, Range 21, lying East of the West 870 feet thereof and West of the East 240 feet thereof except road; said. point being 105 feet South of and parallel to the North line of above described property a distance of 10 feet and there terminating. Vacating storm sewer easement in Lot IO, 6/13/ 69 944516 Block 2, Valley View Heights Reg. Titles A 10 foot strip of land, the center line of 10/6/69 954312 Reg. Titles which is described as follows: Commencing at a point on the East line of the East 240' of the South 20 rods of the SW 1/4 of SW 1/4 of Section 5, Township 116, Range 21 except roads; said point being 105' South of the NE corner of said property; thence Westerly 105' South of and parallel to North line of above described property to the West line of above described property. EASEMENT FOR WBLIC ROAD PURFOSES and between Donald BIcC~llouqh and c, yg:q513e !4c~ll~OUg~1~ husband and vvife ,of the County of Hennepin and State of Minnesota, part'ies of the first part, and the Village of Edina, a municipal corporation organized under the laws of the State of Minnesota, party of the second part; WITNESSETHS That the said parties of the first part, in considera- tion of One and no/100 Dollars ($1,00), to them in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, do Grant; Rargain, Sell, Convey, and Warrant to said party of the second part an Ease- ment in perpetuity for public road purposes, in, under, and over the following described property situate. in the County of Hennepin and State of Minnesota, to-wit x IN WImESS WHEREOF, The said parties of the first pare have hereunto set their hands and seals the day and year first above written. ... .. In Presence of: 3 :* I STATE OF MINNESOTA ) COUNTY OF m') RAMSEY ) ss On this la day of , A.D. 1 96 -, 9 before me, a Noriary Public within and for said County, personally appeard && S&,D&?U, .?k/&B u UwdL 9 I ; to me known to be the persons described in and who execyted the foregoing I instrument, and,acknowledged that they executed the same as their free act and deed. . , ... (Notarial Seal) Notary Public, Ramsey County My commission expires August 12, 1974 I. * . .. . ,I . .. I.. . *.. , .... I.... I.... 1. . , .. -. .- ... ... .... .. -. ., ._ ~. , ........... .. a. .................. --- ----- ...... -* ...... - ...................... -....,?---..."/L .--.." --_--- _- -7 ..-c .- d .. .... ........ . ..... ....... ; , 1 .. '. 'i . '. * ' .. - .- . .. -._ .- . . ..... 4 '., ~ . .L i. .. -- , - .. ... ... . --- -- ...... -- .... .' .. j/ .. .- .... j A 4 .. .- . . . _, . - . -.. * .*.. r,.-. . ......... .. .. ........... ,. ' ...... . , ..,_.*.. ! :.Ji ;: 1. . _. .I _. -. .. .. _. .. .. c EASEMENT FOR F'UELIC ROAD PURPOSES THIS INSTRUMENT, Made this 7khi day of &3DkH&3t?~ , 1969 - , by Y and State of Minnesota, parties of the first part, and the Village of Edina, a municipal corporation organized under the laws of the State of Minnesota, party of the s,econd part; WI"'NESSETHS That the said parties of the first part, in considera- tion of One and no/100 Dollars ($1.00), to them in hand paid by the said pasty of the second part, the receipt whereof is hereby acknowledged, do Grant, Bargain, Sell, Convey, and Warrant to said party of the second part an Ease- ment in perpetuity for public road purposes, in, under, and over the following described property situate in the County of Hennepin and State of Minnesota, to-wit x Ba casornmfi $3~ waEkway puxpseali~ IN WITNESS WHEREOF, The said parties of the first part have hereunto set their hands and seals the day and year first above written. In Presence of: ‘ 1 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) 1 9s On this 7% day of , A.D. 193, before me, a Nohary Public within and for said County, personally appeard and ,and to me known to be the persons described in and who executed the fokgoing instrument, and acknowledged that they executed the same as their free act and deed. (Notarial Seal) .. .. . . ... . .. . .. . .” ., ,......_.. ...-* .-,-. EASEMENT FG-2 FUELIC ROAD PURPOSES THIS INSTRUMENT, Made this /f<* day of sflf 9 19A9 by ,of the County of Hennepin and State of Minnesota, parties of the first part, and the Village of Edina, a municipal corporation organized under the laws of the State of Minnesota, party of the second part; WITNESSETH, That the said parties of the first part, in considera- tion of One and no/100 Dollars ($l.OO), to them in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, do Grant, Bargain, Sell, Convey, and Warrant to said party of the second part an Ease- ment in perpetuity for public road purposes, in, under, and over the following described property situate in the County of Hennepin and State of Minnesota, to-wit: IN WITNESS WHEREOF, The said parties of the first part have hereunto set their hands and seals the day and year first above written. In Presence of: ' STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) 1 ss On this 19 day of Selo 2!-&~ ACJ A.D. 19$, before me, a Noaary Public within and for said County, personally appeard 4, '33cl P.Li f.5- and @A,V dl / J. JbLLMr0-4 2 ,and 1 . to me known to be the persons described in and who executed the foregoing instrument, and acknowledged that they executed the sme as their free act and deed. (Notarial Seal) ... ... I. . . . .. ..... ..-. .. . . ... . . . . . . - . . ' -pp,52\~' * Individual to Corporation * 'EASEMENT . THIS INDENTURE; made this /q .E! dayof x~~f. 9 19 &, by and between Tames E Tohnson and Carol J Johnson, husband , of the and wife 19 &, by and between Tames E Tohnson and Carol J Johnson, husband , of the and wife , part ies of the , County of Hennepin , 'State of Minnesota first part, hereafter called "GRANTORS ", 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, hereafter called "GRANTEE". 1. The GRANTOR sin consideration of the sum of One Dollar ($1.00) in hand paid by the GRANTEE, and other good and valuable consideration, to them the receipt whereof is hereby acknowledged', do -hereby grant to the GRANTEE, its successors and assigns, forever, the right at all times to construct, operate, inspect, main- tain, repair, alter or remove gas mains, service pipes and appurtenances thereto, under and upon the following described premises in the Village of Edina , County of HenneDin and State of Minnesota: The Southerly twenty (20) feet, as measured at right angles to the Southerly line thereof of all that part of Lot 8 Block 1 , Ameson's Addition, lying Northerly of the following described line: Commencing at the Northeast corner of said Lot 8; thence South along the East line thereof a distance of fifty one (51) feet to the actual point of beginning of the line to be described; thence Northwesterly deflecting to the right 100 degrees a distance of seventy (70) feet more or less to a point in the Northwesterly line of said Lot 8 and, there terminating. as shown on the attached plat which is hereby incorporated by reference and made a part hereof. I 2. The GRANTORS do -hereby covenant, for .themselves, heirs and personal representatives, that they are well seized in their I fee of the lands and premises above described and that they have title thereto and ha VI? the right, without restriction, to execute and deliver this easement. legal I *. i Page 2 t n Individual to Corporation % 3. The GRANTOR EL herein agree -that the easement hereby granted shall not be altered or encroached upon either by filling, excavation, erection of buildings or permanent enclosures which would interfere'with access to gas facilities located therein or which would otherwise obstruct access thereto in any manner; provided, however, that other utilities may occupy the hereinbefore described area but must be located at a distance from the gas main'equ!ival.ent to twice the depth of the excavations made to install said ' utilities, except where crossing the gas main at angles greater than 45O and in no case shall excavations for other utilities be made closer than ten (10) feet from the gas main ex- cept at crossings as hereinbefore set forth. 7 ' 4. In the event that gas service is discontinued, the GRANTEE 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 it. 5. This instrument and the covenants and agreements herein contained shill inure to the benefit of and be binding upon the paities hereto, their personal repre- sentatives, successors and assigns. .I In 'the Presence of A i STATE OF MINNESOTA ) 1 ss. COUNTY OF HENNEPIN) . 14 , day of $&-I@ EeP~Lefl; 19 4, before me. On this /p a Notary Public within and for said County, personally appeared Tames E Tohnson and to me known to be the -.; .F Carol J Johnson, husband and wife '. d ..I person L described in the foregoing instrument and acknowledged that Ah- executed the.same as A free act and deed. Notary public G. C. DP.% ' .I Hennepin County, Minnesota Notary Public, Hannepin COmfY, Mini, lby Commission Expires Jan. 12, 1974, My commission expires .. .. .' , *i ,.:'_;' ,,I . I * -. . .. . ..f .. *. I. *. .I . .. ... I. .. . , EASEMENT FOR NE&IC ROAD PURPOSES and between 8- md mmw & I%%&& hUSbWd and WigC ,of the County of Hennepin and State of Minnesota, parties of the first part, and the Village of Edina, a municipal corporation organized under the laws of the State of Minnesota, party of the second part; WITNESSETH9 That the said. parties of the first part, in considera- tion of One and no/100 Dollars ($1.00), to them in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, do Grant, Bargain, Sell, Convey, and Warrant to said party of the second part an Ease- ment in perpetuity for public road purposes, in, under, and over the following described property situate in the County of Hennepin and State of Minn'esota, to-wit: IN WITNESS WHEREOF, The said parties of the first part have hereunto set their hands and seals the day and year first above written. ~n Presence of: * f* X STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) 1 ss me, a Nohary Public within and for said County, personally appeard to me known to be the persons described in and who executed the foregoing instrument, and acknowledged that they executed the same as their free act and deed. (Notarial Seal) - .. .. . .( ... . .. . .... . ... .... -.. ...*. ...-. --_ .. . .. \ ,. r v, 4 a o€ the County of Hennepin and StcCte of yimemta, parties of. the first .pjrt, and the Village of ' Edina, a municipgl corporation organized under the 'l+ws of the State of Minnesota, party of the second part; WITNESSETH, That the said parties of the first part, in consid- I, eration of One and No/100 Dollars ($1.00), to then in hand paid by the said party of the second part, the receipt whereof is 'hereby acknowledged? do'Grant, Bargsin, Sell, Convey and Warrant to said party of the second part an Easement in perpetuity for all utility and drainage purposes including, but not' being limited to, samitary sewer, stm sewer, water pipes; including the right to enter for the purpose of constructing, I .I maintaining, altering, repairing and reconstructing said utility and drainage systems in and over the fallowing described property situate in the County of Hennepin and State of Minnesota, to-wit: 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 utility and drainage system replace any shrubs or sod removed by any excavatien in connection with such construction qr maintenance work, in IS nearly as possible the same condition as before such excavation. IN WITNESS WHEREOF, The said parties of the first part have hereunto set their hands and seals the day and year first above written. In Presence of: * STATE OF MIJ!?NESOTA ) COUNTY OF HENNEPIN ) ) ss On this 5th day of ~eptcmbcr , A.D. 19&, before me, a Nozlary Public within and for said County, personally appeard . to me known to be the persons described in and who executed the foregoing instrument, and acknowledged that they executed the same as their free act and deed. (Notarial Seal) FLDRtNEE B. HALLBERG P!atir-j Public, Hennepin County, Minr,. bib Commission Expires Dec. 31, 1971 .. . 1 . .. . . .. . .-.-. .. . ... ...,.... I. 4801 WEST 50TH STREET, EDINA, MINNESOTA 55424 612-927-8861 June 27, I980 .. - --EJr. Don Deutsch Department of Property Taxation A603 Hennepin County Government Center .Mpls., MN. 55487 ;Re: Vacation of Part of Dunham Drive, Edina Dear Mr. Deutsch: . Pursuant to our telephone conversation, enclosed please find a certified i-esolution of the Edina City Council from November, 1969, which vacated part of Dunham Drive. the plat entitled South Garden Estates Fourth Addition, all of the vacated street was returned to Lot I, Block 7, South Garden-Estates Fourth Addition which abuts on the south. As you know, the owner of the lot abutting on the north (i.e. Lot 6, Block 9, South Garden Estates Third Addition) believes that the-north one half of Dunham should have been attached to his lot. Apparently, since this street originated entirely from In reviewin9 the City Council resolution and minutes regarding this matter, I do not find a stated intent on the part of our Council that the right of way should be split between abutting property owners‘. .. . the right of way was simply vacated. However, it is obvious that the City assumed that the north one half of Dunham would be attached to Lot 6, Block 9, South.Garden Estates Third Addition. This is evidenced by the fact that the City obtained necessary- utility and walkway easements over portions’of the north one half of Dunham from . in conjunction with this vacation. Documents 957242 and 957243 in the Register of Titles Office. In summary, I do not find a stated intent that Dunham was to be split as requested by Mr. Halla, but 1 do believe we assumed it would be so divided. ---the owner of Lot 6, Block 9 (who’incidentally is Mr. Halla, the present owner) These easements have been recorded as I do not object to the creation of a new parcel for the north one half of Dunham -and its attachment to Lot 6, Block 9, South Garden Estates Third Addition. I do believe that for Mr. Halla’s protection, however, he should secure the necessary deed from the owner of Lot 1, Block 7, South Garden Estates Fourth Addition. owners. In my opinion, this is a private matter between these two property Sincerely, /7 Goidon L. Hughes Director of Planning cc: Donald Halla Donald E. hlcCullough . 7200 West Shore Dr. Edina, MN. 55435 4801 WEST FIFTIETH STREET EDINA, MINNESOTA 65424 927-aati I RESOLUTION VACATING A PORTION OF DUNHAM DRIVE WHEREAS, two weeks' published, posted and mailed notice of a hearing to be held on October 6, 1969, at 7:OO'p.m. on the proposed street vacation hereinafter descTibed has been given and macle and a hearing has been held thereon by the Village Council: t. NOW, TEEREFORE, BE IT RESOLVED by the Edina Village*Council, Hennepin County, Mnnesota, that that port-ion of Dunham Drive in South Garden, Estates Fourth Addition lying West of Nest Shore Drive, all as platted and of record in the office of the Register of Deeds in and for Henne- pin County, Xinnesota, be and is hereby vacate6 effective November 5, 1963, unless on or before said date this resolution is amended, annulled or res- cinded by the Village Council. . DATED this 6th day'of October, 1969. STATE OF MINNESOTA') 1 COUNTY OF HENNEPIN ) SS CITY OF EDIiA CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina, do hereby certify that the attached and foregoing resolution was duly adopted by the Edina City Council at its regular meeting of October 6, 1969, and as keccrded in the Minutes of said rezular meeting and that date. ' . said resolution has not been amended, annulled or rescinded since that '' WITNESS my hand and seal of said City this 2nd day of July, 1980. . c MINNEAPOLIS GAS COMPANY MINNEAPOLIS, MINNESOTA 55402 September 22, 1969 Mrs Florence B. Hallberg Edina Village Clerk 4801 West 50 Street Edina, Minnesota 55424 Dear Mrs Hallberg Thank you for your revised notice of the proposed vacation of that part of Dunham Drive in South Garden Estates Fourth Addition lying Westerly of West Shore Drive. We have now received a suitable easement from Mr & Mrs McCullough over the Southerly one-half of that part of Dunham Drive. this vacation. We therefore withdraw our objection to Sincerely Warner P Blake Operations Planning Engineer WPB : kg cc: Mr Donald E McCullough 4 September 2, 1969 nipr Donald E McCoullough 7200 t1Wt Shore Drive Edina, Minnesota 55424 Daor Mr liricCC3ullough a We have bzen notified by the Village of Edina of the proposed vacation of that part of Dunham Drive which lies Nurtherly of and adjacent to your property at Eo: 1, Block 7 South Garden Estates 4th Addition. 'In order to protect out existing 4'' gas line in this proposed vacated otreot, i' am enclosing an easement in favor of tho Minneapolis Gas Company, Vl'ould you please Zaave~ the originel copy o€ the easement fully oxecuted and retuned to pk: .When this has been done, we ~411 t*~ttlidP~ our objection hus this vacation with'the Wage of Edina %E you have any ~UEG~~QM, please calf me at 372-5085, Thank, you for yaur coopamtion. Sincerely Willlam R Sckarn Operations Planning Department MINNEAPOLIS GAS COMPANY MINNEAPOLIS, MINNESOTA 55402 August 25, 1969 Mrs Florence B. Hallberg Edina Village Clerk 4801West 50 Street Edina, Minnesota 55424 Dear Mrs Hallberg Thank you for your notice of the proposed vacation of part of Dunham Drive in South Garden Estates Third Addition lying West of West Shore Drive. We object to this vacation unless we receive a suitable easement from the succeeding property owner covering our existing 4" gas line as shown on the attached sketch. Sincerely Warner P Blake Operations Planning Engineer WPB:kg and State of ;Wimewta, parties oE. the first.part, and the Village OS Edina, a municipgf corporation organized under the 4ws of the State of Minnesota, party of the second part; . *WITNESSETH, That the said parties of the first part, in consid- eration of One and Mo/100 Dollars ($1.00), to then in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, do Grant, Bargqin, Sell, Convey and Warrant to said party of the second part an Easement in perpetuity for all utility and drainage purposes including, but not being limited to, sanitary sewer, storm sewer, water pipes, including the right to enter for the purpose of constructing, maintaining, altering, repairing and reconstructing said utility and drainage systems in and over the fallowing described property situate in the County of Hemepin and State of Minnesota, to-wit: 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 utility and drainage system replace any shrubs or sod removed by any excavatian in connection with such constructiQn or maintenance work, in as nearly as possible the same condition as before such excavation. ' t IN WITNESS WHEREOF, The aaid parties of the first part have hereunto set their hands and seals the day and year first above written, In Presence of: E STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) 1 ss , A.D. 19 6 , before On this 3 d day of 6tu&dd- 4 me, a Nohary Public within and for said County, personally appeard hd d#fi& -p4 and 7?LkLLJ and c1 ¶ to me known to be the persons described in and who executed the foregoing instrument, and acknowledged that they executed the same as their free act and deed. (Notarial Seal) "-& t . , - .k 7- I I :I .e .. .I -- FLORENCE 0. HRLLBERG Notary public, Henncpin Counb. MhVh MY ~ommissi,n Expires DOC. 31, 1971. I, . .. ... . .. . .. . . ." .. ,... ....-.. ...-. ..*-. i ', \ \, ',\ 1 ', THIS INSTRUMENT, Mqde this 3 4. day of A 'i 199, by and State of Mimesuta, parties of.the first-part, and the Village of Edina,, a municipal corporation organized under t&e Qws of the Sate of Minnesota, party of the second part; FnTNESSETH, That the aaid parties of the first part, in consid- eration of Oweand Na/100 Dollars ($1.00), to then in hand paid by the said party of the second part, the receipt,whereof is hereby acknowledged, do Grant, Barg9in, Sell, Convey and Warrant to said party of the second part an Easement in perpetuity for 211 utility and 'drainage purposes including, but not being limited to, sanitary sewer, stm sewer, water pipes, including the right to enter for the purpose of constructing, maintaining, altering, repairing and reconstructing said utility and drainage systems in and aver the fallowing described property situate in the County of Hennepin and State of Minnesota, to-wit: It is the intention and agreement of the Parties hereto that the party of the second part shall in the construction, or maintenance of said utility and drainage systems replace any shrubs or sod removed by any excavation in connection with such construction or maintenance work, in as nearly as possible the same condition as before such excavation. IN WITNESS WHEREOF, The said parties of the first part have hereunto set: their hands and seals the day and year first above written. 1 In Presence of: STATE OF MINNESOTA ) COUNTY OF HENNEPIN 1 ss On this 3J day of , A.D. 19&, before me, a Nohary Public within and for said County, personally appeard and e- 9- , - ,and 2d& Y 2%.&&L, to me known to be the persons described in and who executed the foregoing instrument, and acknowledged that they executed the same as their free act and deed. (Notarial . S7al) .- ;,-, z;.'? - - L FLORENCE 8. HALLBERG Notary Public, Hennepin County, b%~n. My Commission Expires 0s. 31. 1971 . .. I. . .. ... . .. . I. . ... .. , ... ... -.. I.._. .-.- . EASEMENT FG3 PUEiLIC ROAD PURFOSES THIS INSTRUkNT, Made this /q@ day of .GP~ , 19&$ by and between JAMES EDiMUI JO€lXSON and CAROL J. JOHNSOX, husband and wife ,of the County of Hennepin . and State of Minnesota, parties of the first part, and the Village 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 considera- tion of One. and no/100 Dollars ($1.00), .to them in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, do Grant, Bargain, Sell, Convey, and Warrant to said party of the second part an Ease- ment in perpetuity for public road purposess in, under, and over the following described property situate in the County of Hennepin and State of Minnesota, to-wit t An easement for wallmay purposes: That part af Lot 8, Block 1, Arneson's Addition lying within a ten foot (LO') wide strip of land, the centerline of which is described as follows: Beginning at a point on the East line of said Lot 8, which point is Twenty-nine and five hundredths feet (29.05 *) South of the 'Northeast corner of said Lot 3; thence Northwesterly to a point oil the Northwesterly line of said Cot 8, which point is five feet (5') South of the most Northerly Northwest corner of said Lot 3. 8' .. .. 'I L IN WITNESS WHEREOF, The said parties of the first part have hereunto set: their hands and 'seals the day and year first above written. .. n In Presence of: ' STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ) ss to me known to be the persons described in and who executed the foregoing instrument, and acknowledged that they executed the same as their free act and deed. (Notarial Seal) , ... - 1 ., * . ... . b. . a. . . ... ..... ..-... 0 ..-. ...A. c .. JAMES LDORSEY 11889-1959\ DONALD WEST FREDERICK E LANGE WALDO F.MAROUART JAMES B.VESSEY JOHN W.WINDHORST WILLIAM A.WHITLOCK HENRY HALLAOAY E J. SCHWARTZBAUER JULE H.HANNAFORD THOMAS UOROWN ARTHUR B.WHITNEY CORNELIUS D.MAHONEl RUSSELL W. LINDOUIST DAVID RBRiNK WILLIAM C. OABCOCK THOMAS 5. ERICKSON DORSEY, MARQUART, WINDHORST, WEST & HALLADAY HORACE HITCH VIRGIL H.HILL ROBERT V.TARBOX DEFORESTSPENCER ROBERT J. JOHNSON M.B.HASSELOUIST PETER DORSEY GEORGE I? FLANNERY CURTIS LROY ARTHUR &WEISBERG DUANE F-JOSEPH MICHAEL E.ERES5 PAUL G.ZERBY RAYMOND hRElSTER JOHN J.TAYLOR BERNARD G.HEINZEN WILLIAM J. HEMPEL JOHN S HIBBS ROBERT 0.FLOITEN JOHN D.LEVINE ROBERT J.STRUYK MICHAEL LOLSON LAW OFFICES 2400 FIRST NATIONAL BANK BUILDING M INNEAPOLI S, MINNESOTA 55402 TELEPHONE: 338-2151 AREA CODE:612 CABLE ADDRESS:DOROW October 17, 1969 LARRY W-JOHNSON JOHN R.WICKS THOMAS 5. HAY EUGENE L.JOHNSON CURTIS BFORSLUND ROBERT 0.iiNUTSON G.LARRY GRIFFITH JOHN W.WIP(DHORST,JR CRAIG LBECK MICHAEL PRICHARO DAVID LMCCUSKEY WILLIAM RSOTH THOME O.MOE RICHARD GSWANSON JAMES H. O~AGAN JOHN M.MASON FAITH LOHMAN MICHAEL VWRIGHT DAVID LRANHEIM RICHARD W. DUFOUR.JR LARRY LVICKREY ROBERT J. SILVERMAN LOREN RKNOIT PHILUP KUARTIN JOHN J.HELD.JR REESE CJOHNSON OF COUNSEL JAMES T. HALVERSON CHARLES J.HAUENSTEIN DAVID LBRONSON CHARLES AGEER LELAND W-SCOTT JOHN CZWAKMAN LEAVITT RBMKER Mrs. Florence Hallberg Village of Edina 4801 West 50th Street Edina, Minnesota 55424 Dear Florence: I return to you herewith two copies of an easement from James E. Johnson and wife to the Minneapolis Gas Company. Company will want this easement. I presume the Gas They may or may not want to file it. TSE:mj Enclosure Very truly yours, #p% \” ‘2. f individual to Corporation - ’EASEMENT THIS INDENTURE; made this /q L! day of S@f, ¶ 19 &, by and between Tames E Tohnson and Carol J Johnson, husband , of the and wife first part, hereafter called “GRANTORS ”, 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, hereafter called “GRANTEE”. 1. The GRANTOR Sin consideration of the sum of One Dollar ($1.00) in hand paid by the GRANTEE, and other good and valuable consideration, to them the receipt whereof is hereby acknowledged‘, do -hereby grant to the GRANTEE, its successors and assigns, forever, the right at all times to construct, operate, inspect, main- tain, repair, alter or remove gas mains, service pipes and appurtenances thereto, under and upon the following described premises in the Village of Edina County of HennePin and State of Minnesota: t The Southerly twenty (20) feet, as measured at right angles to the Southerly line thereof of all that part of Lot 8 Block 1, Arneson’s Addition, lying Northerly of the following described line: Commencing at the Northeast corner of said Lot 8; thence South along the East line thereof a distance of fifty one (51) feet to the actual point of beginning of the line to be described; thence Northwesterly deflecting to the right 100 degrees a distance of seventy (70) feet more or less to a point in the Northwesterly line of said Lot 8 and there terminating. This instrument is exempt from the State Deed Tax. ~ as shown on the attached plat which is hereby incorporated by reference and made a part hereof. 2. The GRANTORS do -hereby covenant, for themselve S 9 their heirs and personal representatives, that they are w-ell seized in -- - _. fee of the lands and premises above described and that they have legal title thereto and ha VA the right, without restriction, to execute and deliver this easement. .* :lJ I, . f U J .f jndividual to Corporation Page 2 3. The GRANTORS herein agree -that the easement ‘hereby granted shall not be altered or encroached upon either by filling, excavation, erection of buildings or permanent enclosures which would interfere with access to gas facilities located therein or which would otherwise obstruct access thereto in any manner; provided, however, that other utilities may occupy the hereinbefore described area but must be located at a distance from the gas main’equival’ent to twice the depth of the excavations made to install said ‘ utilities, except where crossing the gas main at angles greater than 45O and in no case ’ shall excavations for other utilities be made closer than ten (10) feet from the gas main ex- cept at crossings as hereinbefore set forth. 4. In the event that gas service is discontinued, the GRANTEE shall have the right, but.shal1 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 it. 5. This instrument and the covenants and agreements herein contained shall inure to the benefit of and be binding upon the parties hereto, their personal repre- sentatives, successors and assigns. STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ) ss. On this 17 day of ~+., 19 4, before me a Notary Public within and for said County, personally appeared Tames E Tohnson and to me known to be the Carol J Johnson, husband and wife. +I : ‘d .I person s- described in the foregoing instrument and acknowledged that the_vhave. c. I L- , .. i . .. .I .. .. 1’ 1518 Chestnut Avenue September 3, 1969 Minneapolis, Minnesota 55403 Florence B. Hallberg Village Clerk Village of Edina 4801 West 50th Street Edina, Minnesota 55424 ~- h-ei *.I A-LULQL2-d- I Dear Mrs. Hallberg: This is to acknowledge receipt of a notice of public hearing on the proposed vacation of a portion of Dunham Drive which portion is described as follows: - That portion of Dunham Drive in South Garden Estates Third Addition lying West of West Shore Dkive. Please be advised that we have no objection to this vacation pro- viding the West 5 feet of the area to be vacated be retained as a utility easement to protect our existing facilities. ,. .? Thank you for your consideration in this matter. .- Yours truly, WFL: GCL: ao W. F. Laidlaw Distribution Superintendent Minneapolis Division --- BY . c George C! Lewis Sr. Right of Way Agent c. .. . 1 ,' 3- d I .. z F k c , d c Fd i Address KETDl'ESEs my hand and the aeal of said V5llage this 22nd dFy of August: 9 18 69 0 +- I. * ic’ R~R& a Signed _- -- Dated All objections and recommendations will BY ORDER OF THE EDINA VILLAGE be heard at said meeting. COUNCIL. (Official hhllcationl VILLAGE OF EDINA 4801 W. 50th STREET EDINA, MINNESOTA 55424 NOTICE OF PUBLIC HEARING TO VACATE PORTION OF DUNHAM. DRIVE EDINA VILLAGE COUNCIL Will meet hfonday October 6 1969 at ?:W pm. in the Edha Village 'Hall. 'and Will at said time and place consider the proposed va- cation of that part of Dunham Drive in South Garden Estates Fourth Addition lying West of West ShoreDrive. All objections and recommendations Will be heard at said meeting. BY ORDER OF THE EDINA VILLAGE COUNCIL. FLORENCE B. HALLBERG Village Clerk - tSept. 18 Q25.1989 1 -ED 2A 1OC I_ -2__ ~ FLORENCE B. HALLBERG Village Cpk ISept. l8&25,1969)-ED2AlOC -- ' 1 ' 4801 W, 50th STREET I FLORENCE B. HALLBERG Villageclerk -I (Official hblicatlonl VILLAGE OF EDINA EDINA, MINNESOTA 55424 NOTICE OF PUBLIC HEARING TO VACATE PORTION OF DUNHAM DRIVE EDINA VILLAGE COUNCIL will meet 1 hfondav October 6 1969 at 7:W p.m. in the Ehina Village 'Hall. 'and will at said time and place consider the proposed va- I cation of that part of Dunham Drive.in I South Garden Estates Fourth Addition lying West of West Shore Drive. All objeclions and recommendations will be heard at said meeting. BY ORDER OF THE EDINA VILLAGE COUNCIL. '-r ~ -- ISept. 18&25.19€91-ED2AlOC (Officialhblicationl I VILLAGE OF EDINA 4801 W. 501b STREET EDINA, MINNESOTA 55424 NOTICE OF PUBLIC HEARING TO VACATE PORTION OF DUNHAM DRIVE .EDINA VILLAGE COUNCIL will meet Monday October 6 1969 at 1:W p.m. in the Edina Village 'Hall 'and will at said time and place consider the proposed va- cation of that part of Dunham Drive in South Garden Estates Fourth Addition lying West of West ShoreDrive. All objections and recommendations will BY ORDER OF THE EDINA VILLAGE , FLORENCE B. HALLBERG Village Clerk -- , be.heard at said meeting. COUNCIL. ISept. 18&25.1969I-ED2AlOC - --.. - __ I___ (Official Publication) VILLAGE 4801 W, 50th OF STREET EDINA -- -1 EDINA, MINNESOTA 55424 NOTICE OF PUBLIC HEARING TO VACATE PORTION OF DUNHAM DRIVE EDINA VILLAGE COUNCIL will meet Monday October 6 1969 at 7:W p.m. in the Edna Village 'Hall. 'and will at said time and place consider the propos+ Va- cation of that part of Dunham Dnve in Swth Garden Estates Fourth Addition l$ng West of WestSbore Drive. All objections and recommendations Will be heard at said meeting. BY ORDER OF THE EDINA VILLAGE ' FLORENCE B. HALLBERG Villageclerk COUNCIL. (Sept. 18&25.1969)-EED2AlOC , SUN NEWSPAPERS AFFIDAVIT OF PUBLICATION EDINA SUN 6601 W. 78th St. Bloomington, Minnesota } ss. State of Minnesota County of Hennepin W. JOHN BERTRAM, being duly sworn, on oath says he is and &ring all times here stated has been the vice president and printer of the newspaper known qs The Edina Sun and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly! and is distributed at least once each week. (3) Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) SaiS newspaper is circulated in and near the municipality which it purports to serve, has at least 500 mpies regularly delivered to paying subscribers. has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post-office. (5) Said newspaper purports to serve the. City af Edina in the County of Hennepin and it has its known office of issue in the City of Bloomington said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main- tained by the managing officer or persons in its employ and subject to his direction and con- trol during all such regular business hours and devoted exclusively during such regular business hours to the business of the newspaper and business related thereto. (6) Said news- paper files a copy of eacb issue immediately with the State Historical Society. (?) Said news- paper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January It 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State an& signed by the publisher of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. NOTICE OF PUBLIC HEARING He further states on oath that the printed ................................................... hereto attached as a part hereof was cut from the columns of said newspaper, and was printed -- ......... and published therein in the Englise ianguage. once tach week, for 2 successive weeks: that it was first so published on Thur 8. 18 Sept ..... 69 ............. the .............. day of ............ f.. .. 19 Thurs, and was thereafter printed and published on every ............................ to and including - Sept 19 69 and that the following is a printed copy ........... the ...... day of .. of the lower case alphabet from A.to Z, ’both mclusive, and is ’hereby aclf”ow1edged as bemg the size and kind of type used in the composition and publication of said nohce, to wit: abcdefghijklmnopqrstuvwxyz ThUrS, 25 abcdefghijklmnopqrstuvwxyz Subscribed and sworn to before me this .......... day of .- -- (Official Publication1 VILLAGE OF EDINA 4801 W. 50th STREET EDINA, hllNNESOTA 55424 NOTICE OF PUBLIC HEARING TO VACATE PORTION OF DUN€i&i DRIVE I EDINA VILLAGE COUNCIL will meet 1 hlonday. October 6. 1969. at Eo0 p.m. in the Edina Village I@. and will at said I time and place consider the proposed va- 1 cation of that part of Dunham Drive in Swth Garden Estates Fourth Addition lying West of West ShoreDrive. All objections and recommendations will BY ORDER OF THE EDINA VILLAGE FLORENCE B. AALLBERG ! be heardat saidmeeting. COUNCIL. Villageclerk , [Sent. 18&25.1969)-EDZAlOC I My Commission Expires November 8, 1971 . 0 SUN NEWSPAPERS AFFIDAVIT OF PUBLICATION EDINA SUN 6601 W. 78th St. Bloomington, Minnesota } ss. State of Minnesota County of Hennepin W. JOHN BERTRAM, being duly sworn, on oath says he is and during all times here stated has been the vice president and printer of the newspaper known as "he Edina Sun and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent ira printed space to at least 900 square inches. (2) Said newspaper is a weekly! and is distributed at least once each week. (3) Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post-office. (5) Said newspaper purports to (serve the. City af Edina in the County of Hennepin and it has its known office of issue in the Citp of Bloomington jn said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main- tained by the managing officer or persons in its employ and subject to his direction and con- trol during all such regular business hours and devoted exclusively during such regular business hours to the business of the newspaper and business related thereto. (6) Said news- paper files a copy of each issue immediately with the State Historical Society. (7) Said news- paper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the publisher of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper, He further states on oath that the printed . .f?GTxCii. .uF.. puk+J..~lc.. .i-i&n~E&. hereto attached as a part hereof was cut from the columm of said newspaper, and was printed and published therein in the English language, once each week. for .. .2.. .. successive weeks: that it was first so published on a'Ylurs~. the ... .18.. .... day of .... Bel?%+. .. 19 .6.9 and was thereafter printed and published on every ............ yhu%s... ... to and including . .?'fiUrS.. the .85.. day of .. Sept 19 69 and that the following is a printed copy of the lower case a phabet from A to 2, bot! inclusive, and. is hereby aclplowledged as being the size and kmd of type used in the composition and pubhcabon of said nobce, to wit: abcdefghijklmnopqrstuvwxyz abcdefghijklmnopqrstuvrwyz Subscribed and sworn to before me this .......... (Notarial Seal) n ,-' LB'arbara Samuelson, Notary Public, Ramsey CouqtY. Minn. 1 - (Sept.18&25,19691-ED2Al@? J My Commission Expires November 8, 1971 . P - . ,----- (Official Puhlicationl VILLAGE OF EDINA 4S01 VI. 5WH STFEET EDINA, MINNESOTA 55424 NOTICE OF PUBLICI HEARING TO VACATE PORTION OF DUNHAM DRNE EDINA VILLAGE COUNCIL will meet Monday, September 8, 1969. at 7:W pm. in the Edina Village Hall, and will at said time and place consider the proposed vaca- tion of that part of Dunham Drive in South Garden Estates Third Addition lyi g West of West Shore Drive except the &Ilowing described easement: A strip of land ten feet (10'1 in width, the center line of which is described as follows: Commencing at a point on the West line of South Garden Estates Third Addition, 'Said point being seven feet (7') South of the Southwest comer of Lot 6 Block 9. South Garden Estates Third Aidition: thence Southeasterly to a point on the extended West hne of West Shore Drive, said point being 19.5 feet Southerly of the Southeast comer of said Lot 6, Block 9 South Garden Estates Third AdditionHnd there terminating. All objections and tecommendatiop will BY ORDER OF &E EDINA VILLAGE FLORENCE B. HALLBERG. ,.- _- be heard at said meetin COUNCIL. I 1 I described easement: A strip of land ten feet (10') in width, the center line of which is described as (OkfichI Publicationl VILLAGE OF EDINA 4801 W. 5OTH S'ITEET EDINA MlNNESOTA 55424 NOTICE 03 PUBLIC HEARING TO ' . VACATE PORTION OF DUMIAI\.I, DRIVE EDINA VILLAGE COUNCIL will meet hlonday September 8 1969 at 7:W p.m. in the Edna Village Hall and will at said 4 time and place conside; the proposed vaca- tion of that part of Dunham Drive in South Garden Estates Third Addition lying 'West of West Shore Drive except the following described easement: A strip of land ten feet. (10'1 in. width, the center line of which IS described as follows: Commencing at a point on the West line said point heing seven feet (1'1 South of the Southwest corner of Lot 6, Block 9. South Garden Estates Third Addition: thence Southeasterly to a point on the extended West line of West Shore Drive. said point being 19.5 feet, Southerly of the Southeast corner of said Lot .6, Block 9 South Garden Estates mrd Addition'and there terminating. All objections and recommendations will of South Garden Estates Third Addition, I he heardat saidmeetin COUNCIL. BY ORDER OF T#E EDINA VILLAGE FLORENCE B. HALLBERG. Village Clerk IAug. 21.1969,-ED-2A-l0C .. . follows: Commencing at a point on the West line of South Garden Estates Third Addition, said point being $even feet 17'1 South of the Southwest corner of Lot 6, Block ' 9 South Garden Estates Third Addition: tienee Southeasterly to a point on the extended West line of West Shore Drive, 4801 tV. 5UTH STFEET NOTICE OF PUBLIC HEARING TO VACATE PORTION OF DUNHAM, DRIVE EDINA VILLAGE' COUNCIL .Will meet Monday, September 8, 1969, at 7:W p.m. in the Edina Village Hall, and will at said time and place consider the proposed vaca- tion of that part of Dunham Drive in South Garden Estates Third Addition lving West of West Shore Drive except the' following EDINA, MINNESOTA 55424 i said point being 19.5 feet Southerly Of the Sautheast comer of said Lot 6, Block 9, South Garden Estates Third Addition and there terminating. All objections and recommendations will Commencing at a point on the West line of South Garden Estates Third Addition said point being seven feet (71 Souti of the Southwest comer of Lot 6, Block 9. South Garden Estates Third Addition. thence Southeasterly to a point on th; extended West line of West Shore Drive said point being 19.5 feet Southerly 0; the Southeast comer of said Lot 6, Block 9. South Garden Estates Third Addition and there terminating. All objections and recommendations will be heardatsaidrneetin COUNCIL. BY ORDER OF T#E EDINA VILLAGE be heard& saldmeetin COUNCIL. By ORDER OF T& EDINA VILLAGE FLORENCE B. HALLBERG. Villageclerk (Offleial Publication) VILLAGEOFEDINA 4801W,SOTRSITEET.-. EDINA hWNESOTA55424 NOTICE Of PUBLIC HEARING TO VACATE PORTION OF DUNHAhl DRIVE EDINA VILLAGE COUNCIL will meet hlonday September 8 1969. at 7:W p.m. !n the Edha Village Hall, and will at said time and place consider the proposed vaca- tion of that patt'of Dunham Drive in South Garden Estates Third Addition lying West of West Shore Drive except the following described easement: A strip of land ten feet (10'1 in width, the center line+of which is described as f0llOWS~ Commencing at a point on the West !ne of South Garden Estates Tlurd Adhtion. said point being seven feet 17') South of the Southwest corner of Lot 6. Block 9. South Garden Estates Third Addition: thence Southeasterly to a point on the extended West line 'of West Shore Drive. said point being 19.5 feet Southerly of the Southeast comer of said Lot 6. Block 9 South Garden Estates Third Additioiand there terminating. All objections and recommendations will he heatdat said meetin BY ORDER OF TI~E EDINA VILLAGE ' , FLORENCE B. HALLBERG. Villageclerk COUNCIL. [Aug. 21.19C3~-ED-2A-10C -- - .-- I-.~ _- _. ,- I of South Garden Estates Third Addition, said point being seven feet (T'l South of the southwest comer of Lot 6, Block g South Garden Estates Third Addition: tiente Southeasterly to a point on the extend& West line of West Shore Drive. said point heing 19.5 feet Squth&' Of the Southeast comer of said Lot 6, Block 9 South Garden Estates Third Additioiand there terminating. AU objections and recommendations will be heardatsaidmeetin ViUage Clerk IAug. 21,19691-ED-2A-10C -- -- -- -- - - .. - -. . . 7 1 (Official publication) . ' VILLAGE OF EDINA 4801 \V. 50TH STTEET EDINA, hlINNESOTA 5#24 NOTICE OF PUBLIC HEARING TO , VACATE PORTION OF DUNHAhl DRIVE EDINA VILLAGE COUNCIL will meet' Titonday September 8 1969 at 7:W p.m. in' the Ed& Village Hall, a'nd will at said1 time ad place consider the proposed vaca- tion of that part of Dunham Dnve in South Garden Estates Third Addition lying West of West Shore Drive except the following described easement: A strip of land ten feet. (10') in. width, the center line of which IS described as 1 - -- (Ofticia1 Puhlicationl VILLAGE OF EDNA 4501 W. 5oTR SITEEX EDINA. MINNESOTA 55424 . ' NOTICE OF PUBLIC HEARING TO VACATE PORTION OF DUNHAhl DRIVE i EDINA VILLAGE COUNCIL will meet 5 Monday, September 8, 1969, at 1:W p.m. in the Edi~ Village Hall, and will at said time and place consider the proposed vaca. tion of that part of Dunham Drive in South Garden Estates Third Addition lying Wesl of West Shore Drive except the followidg described easement: A strip of land ten feet 110'1 in width the center line of which is described a; follows: Commencing at a point on the West line of South Garden Estates Third Addition said point heing seven feet IT') Souti of the Southwest comer of Lot 6 Block 9, South Garden Estates Third Addition: thence Southeaster1.v to a point on the extended West line of West Shore Drive said point being 19.5 feet Southerly oi the Southeast comer of said Lot 6 Bloc 9. South Garden Estates Third Addition and there terminating. AI1 ohjections and recommendations will heheardat saidmeetin COUNCIL. BY ORDER OF T~E EDINA VILLAGE FLORENCE B. HALLBERG. Viilage Clerk IAUg. 21,19691-ED-ZA-10C --=- --L-- __ "_ --__ h_ (Official Publication1 VILLAGEOFEDINA 4801 W. 5oTH SlTEET EDINA, MINNESOTA 55424 NOTICE OF PUBLIO HEARING TO VACATE PORTION OF DUNHAhl. DRIVE 1 EDINA VILLAGE COUNCIL will meet Monday September 8 1969 at 7:W p.m in the Edna Village Hall, ind will at &id i time and place consider-the proposed vaca- , tion of that part of Dunham Drive in South Garden Estates Third Addition lying West of West Shore Drive except the following described easement: A strip of land ten feet (10') in. width, the center line of which is descnhed as follows: Commencing at a point on the West line of South Garden Estates Third Addition. said point being seven feet 17') South of the Southwest comer of Lot 6, Block 9 South Garden Estates Third Addition: tience Southeasterly to a point on the extended West line of West Shore Drive, said ooint beine 19.5 feet Southerlv 01 ._- the - Southeast >corner of said Ldt 6 Block 9 South Garden Estates Thirc Addition'and there terminating. All objections and recommendations wil BY ORDER OF &E EDINA VILLAGE FLORENCE B. HALLBERG Villaee Clerk he heardatsaidmeetin COUNCIL. AFFIDAVIT OF PUBLICATION Commencing at a point on the West line of South Garden Estates Third Addition said point being seven feet (7') Souti of the Southwest corner of Lot 6. Block 9. South Garden Estates Third Addition: EDINA SUN . 6601 W. 78th St. Bloomington, Minnesota } ss. State of Minnesota County of Hennepm W. JOHN BERTRAM, being duly sworn, on oath says he is and during all times here stated has been the vice president and printer of the newspaper known as The Edina Sun and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent im printed space to at least 900 square inches. (2) Said newspaper is a weekly? and is distributed at least once each week. (3) Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertlsements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post-office. (5) Said newspaper purports to serve the. City af Edina in the County of Hennepin and it has its known office of issue in the Cit9 of Bloomington $I said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main- tained by the managing officer or persons in its employ and subject to his direction and con- trol during all such regular business hours and devoted exclusively during such regular business hours to the business of the newspaper and business relatee thereto. (6) Said news- paper files a copy of each issue immediately with the State Historical Society. (7) Said news- paper has complied with all the foregoing conditions for at least two years preceding the day or dates of publhation mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the publisher of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. NOTICE OF PUBLIC HEARING He further states on oath that the printed ................................................... hereto attached as a part hereof was cut from the columns of said newspaper. and was printed 1 and published therein in the Englisk !a_guage, once each week, for ......... successive weeks: Thurs. 21 Aug 0 69 that it was first so published on ............. the ............. day of ................. 19 .... Thurs. and was thereafter printed and published on every .......................... to and including ..Thurs.* the .... day of .. AUgO 1g69 and that the following is a printed cqpy of the lower case alphabet from A'to Z both inclusive and is 'hereby acknowledged as bemg the size and kind of type used in the co&position and piblication of said notice, to wit: abcdefghijklmnopqrstuvwxyz abcdefghijk1mnoWrstuwxy.z #+$$? ....... .h_ Subscribed and sworn to before me this a day of ..... (Notarial Seal) -- /9 BarWa Samuelson, Notary Public, Ramsey COW~~, Minn. - _- 7-- ~ (Official Publication) I VLLLAGEOFEDINA * 4801 W. SOTH SlTEEX EDINA, MINNESOTA 55424 NOTICE OF PUBLIC HEARING TO VACATE PORTION OF DUNHAM. DRIVE EDINA VILLAGE COUNCIL will meet Monday September 8 1969 at 7:00 p.m. in the Edna Village Hall, a'nd will at said ,time and place consider the proposed vaca- tion of that part of Dunham.Drive-in South Garden Estates Third Addihon lymg West of West Shore Drive except the following ......... WIU....... 1 A strip of land ten feet (10') in width, the center line of which is described as ......... FLORENCE B. HALLBERG. Village Clerk tAug. 21,19691-ED-2A-10C a _1_1 _c_ i --- lOffic!al Publication) I . VILLAGEOFEDINA 4801 W. 5oTB SlTEET EDINA, MINNESOTA 5024 NOTICEOF PUBLICHEARINGTO VACATE PORTION OF DUNHAM DRIVE EDINA VILLAGE COUNCIL will meet hlondav September 8 1969 at 7.00 pm in the E&a Villaee &U. a'nd will ai &id I tie and place conside; the proposed vaca- tion of that part of Dunham Drive in South Garden Estates Third Addition 1vin.g West of West Shore Drive except the following described easement: A strip of land ten feet 110') in width. the center line of which is described as follows: thence Wtheasterlv to a mint on the I extended West line 'of West 'Shore Drive, said point being 19.5 feet Southerly of the Southeast corner of said Lot .6, Block 9. South Garden Estates Thrd Addition and there terminating All objections ami recommenkions will1 be heardat saidmeetin COUNCIL. BY ORDER OF &E EDINA VILLAGE ... FLORENCE B. HALLBERG. Villageclerk J ~ t Aug. ._ 21,19699)-ED-ZA~5- __ - My Commission Expires November 8, 1971 . SUN NEWSPAPERS (Official Publication) VILLAGE OFEDINA 4801 W. 50TA SITEET EDkNA, MINNESOTA 55424 NOTICE OF PUBLIC HEARING TO i VACATE PORTION OF DUNHAM DRIVE EDINA VILLAGE COUNCIL will me$ Monday. September 8 1969 at 7:W p.m in the Edina Village Hall, and will at &id time and place consider the proposed vaca- tion of that part of Dunham Drive in South Garden Estates Third Addition iying West of West Shore Drive except the following described easement: A strip of land ten feet 110'1 in width, the center line of which is descnbed as Commencing at a point on the West line of South Garden Estates Third Addition. said point being seven feet (7'1 South of the Southwest corner of Lot 6. Block 9 South Garden Estates Third Additiod: tience htheasterly to a point on the extended West line of West Shore Drive. said point being 19.5 feet Southerly of the Southeast comer of sald Lot 6. Block 9 South Garden Estates Third AdditioGand there terminating. All objections and recommendations will BY ORDER OF TIL EDINA VILLAGE FLORENCE B. HALLBERG. Village Clerk 9 follows: , be heard at said meetin COUNCIL. IAUg. 21.19691-ED-2A-10C -----____~ ____4__ I AFFIDAVIT OF PUBLICATION EDINA SUN 6601 W. 78th St. Bloomington, Minnesota } ss. State of Minnesota County of Henneph W, JOHN BERTRAM, being duly sworn, on oath says he is and during all times here stated has been the vice president and printer of the newspaper known as The Edina Sun and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly! and is distributed at least once each week. (3) Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 Copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post-office. (5) Said newspaper purports to iserve the City af' Edina in the County of Hennepin and it has its known office of issue in the City' of Bloomington in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main- tained by the managing officer or persons in its employ and subject to his direction and con- trol during all such regular business hours and devoted exclusively during such regular business hours to the business of the newspaper and business related thereto. (6) Said news- paper files a copy of each issue immediately with the State Historical Society. (7) Said news- paper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the publisher of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. -.77 He further states on oath that the printed .. HoyicG.. gx.. .?g.?!?$!?. . %?'?'?~!.*k hereto attached as a part hereof was cut from the columns of said newspawr, and was printed and published therein in the English language, once each week, for .... .&. . successive weeks: that it was first so published on fLfiur?s.,. the ..... .21.. . day of .... b.?.~.?. .... 19 69 ..... and was thereafter printed and published on every ...... ..Tau$%? ........ to and including p~. the .... day of ..AUG. I9 69 and that the following is a printed copy of %&&wer .case alph%%t from A' to Z 0th inclusive, and. is 'hereby acknowledged as belng the size and kind of type used in the cokposltIon and publieahon of sald nohce, to wit: abcdefghijklmnopqrstuvwxyz abcdefghijklmnomrstuvwxyz Hgi. .................................. - Subscribed and sworn to before me this day of (Notarial Sea9 My Commission Expires November 8, 1971 i >- I October 1, 1970 Edina Village Off ices 4801 West 50th Street Edina, Minnesota DINA COUNCIL: Approximately in the summer of 1969, the roadway between my property and Nr. Don McCullough was abandoned. granted an easement with the understanding that a cement walkway would be installed for bicycles and walkway. children have ridden across our yard, brbken down shrubs, destroyed the lawn through wearing it out and caused a general nuisance. At that time Xr. Jim Johnson, Nr. i?lcCullough and myself To this date, nothing ha& been done. In the meantime, Mr. McCullough has to maintain fences in order to protect his property and I have more or less ignored the situation until recently. to a head, a fence was installed Monday, September 28th. In order to bring the situation I understand the Village received many complaints from parents not appreciating their children cut through eliminated, but none of them were concerned about the property damage taking place. It is my request that the pathway be built according to agreement and finished with Green Cyclone fence so as to make a permanent attractive pathway and alleviate the property damage. taking place. _c -- In order to assess costs properly to the people whose children are using this pathway, I suggest that it be closed again and list of names kept of the people complaining about it being closed so they maybe assessed for the use by their children . If it cannot be put in a non-damaging condition, then I suggest that it be permanently closed. s Hoping that this may h.5 days, I remain be finalized and construction completed Respxfully, Don E. Halla 7120 W. Shore within the next Drive Edina , Minnesota DH/md cc: Jim Johnson Don NcCullough 4 City Council Village Planning ' Edina, Minn. ,. Sirs: . I am writing to request that you . move to erect a permanent side= walk wallway between Aspasia Circle and West Shore Drive.' This public , easerqcnt property was this v~ee~c blocked by an &lPegal high fence erected by the two homeso between which the public wallmay exists. ,' Many people depend on this access to get to schools, paper zou.tes with cumbersome heavy carts behind bicgcles,, i visiting of neighbors and friends between the two areas. We had been patiently waiting for the : i Billage to erect a permanent,.type I wallway which. was proposed many. months before, and now,.we,wlio depend on this i public wallway have been faced'wAth ! an.illegal €ence erected by the two property owners involved. When 'these i people involved purchased their homes, : they were &ware of- this public easement and faced with the choice of 8 public road or a ptlblic sidewalk, I: am sure they would choose a sidewalk, Also, wither or both of these owners could I- . i- I I r- "- ---- ---- I .. ~ .,-_- -_v - -- " ^__I..- ..----e -- cerning the above was circylated. I i . am therefore writing this letter. I am sure there are many others like .my- I I ! '. i' I 4 , .. Lunity to sign the petition. maybe will not have the time to write you of how this walkway being closed would affect them, 01: arc unaware of how they are able to communicate with the Council. They I1. i I Please give this yous: early positive consideration, Mrs, T, Hendrickson 4700 Trillium Lane Edina il I' i ,I . '. I 1 h ,. I ,. ' '1 I c - aa. 1%. '*. as. .. ?'/* I ! *' * * I