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HomeMy WebLinkAbout512P1, BSOLUTION ACCEPTWO STAt-9-T—JOBDICATLON WHEREAS# South ale Center, Inc. and Southdale Realty Company, both Minnesota corporationsi have tendered to the Village of Edina a quit claim deed conveying to the Village a perpetual right of way for street purposes over the following parcels of land in Hennepin County, Minnesota, to-wit. (1) Tracts "A". "C" and I'D" of Registered Land Survey No. 629, files of the Registrar of Titles in and for said County and $tate, and that portion of York Avenue South as now platted lying between Tracts "A" and '11)1% said Survey No., 629. (2) Tract "J" of Registered, and Survey No,, 432, files of the Registrar of Titles in and for said County and State. (3) Tract "S" of Registered Land Survey No. 629, files of the Registrar of Titles in and for said County and State. Tract "N" of Registered Land Survey No. 432, files of the Registrar of Titles in and for said County and State. and WHEREAS. The Prudential Life Insurance Company of America, a New Jersey corporation, holder of a mortgage given by said S►Uthdale Center, Inc. dated May 1, 1955, filed In the office of the said Registrar of Titles on July 29, 1955, as Document 468693, -mortgaging a portion of the preridses described in the aforesaid quit claim deed, has tendered to the Village a document subordinating its said mortgage to the dedication of said parcels for public street purposes, and WHEREAS,, Allied Central Stores., !no.., a Missouri corporation, holder of a private easement for street purposes granted by that certain warranty deed given by said Southdale Center, Inc. dated May 24, 1955, filed in the office of said Registrar of Titles on June 11. 1954, as Docunaeat No. 463070, over a portion of the premises described in the aforesaid quit, claim deed tendered by Southdale Center, Inc. and Southdale Realty Company, has tendered to the Village a document subordinating its said private easement to the dedication of said parcels for public street purposes-, NOW, THERBPORE, BE IT RESOLVED. That said quit claim deed and subordination agreements be, and they hereby are, accepted by the Village of Edina, and the dedication of said parcels for public street purposes be, and the same is hereby, accepted a-ad approved. BF. IT FURTIVEA RESOLVE% 'That saki parcels are hereby declared opened for street purposes. BE ITFURTHSA ARSOLVED, That the Clerk of the Village of Udina be, and he hereby is, authorized and directed to forthwith file the deed and subordination agreements described in the preamble hereto, to- gether with a true copy of this resolution, in the of of the Registrar of Titles in and for Hennepin County, VlLnnesota, and to take all other steps necessary or expedient to effectuate the purposes expressed, In this resolution. CERTIFICATE STATE OF MINNESOTA) as. COUNTY OF HENNEPIN) 1,,, the undersigned, duly elected Clerk of the Village of Edina, being first duly sworn, do hereby certify that the foregoing instrument entitled "Resolution Accepting Street Dedicationil is a true, complete and correct copy of a resolution duly adopted by the Council of the Village of Edina at a meeting duly held on February 25, 1957, at which a quorum for the transaction of business was present. Dated February 25. 1957. (Seal) "Clerk of the Village of di a, Mnnesota Subscribed and sworn to before me this f 4 day of February, 1957, Public* Hennepin Co.. Minn. FAEGRE &BENSON 1260 NORTHWESTERN BANK BUILDING MINNEAPOLIS 2, MINNESOTA February 25, 1957 Village of Edina, Edina, Minnesota. Gentlemen: We, are general counsel for Soutlhdale Center, Inc., 0 a Minnesota corporation, and SOUthdale Realty Company, a Minnesota co.rporation, and as such have knm; iledge of the status of the title to the following described tracts of Pland 2ying, and being in the County of Hennepin, State of Minnesota: (1) Tracts "A"., "C" and "D" Of registered Lend Survey No. 629, files of the Registrar of Titles in and for said County and State., and that portion of tl York Avenue South as now platted lying Tracts 'W' and IV', said Survey No. 629. (2) Tract "J" Of Registered Land Survey No. 432, files of the Registrar of Titles in and for said Comity and State. (3) Tract "S" of Registered Land Survey No. 629, filet of the Registrar of Titles in and for said County and State, (4) Tract ` N" of Registered tend Survey No. 432, files of the Registrar of Titles in and for $aid County and State. We have OXaMined the quitclaim deed dated January 28, 1957 executed by Southdale Center-, 111-10. and Southdale Realty Company, as parties of the first part, running In your F A E G R E & BENSON 1260 NORTHWESTERN BANK BUILDING MINNEAPOLIS 2, MINNESOTA Village of 'Edina -2, 2/25/5-57 favor, whereby there is conveyed to you a perpe4tuaj right-of, way for street purposes over the above described tracts of land, the Subordination of private Basement to Public Street Easement dated Februax-y 2, 1957 executed by All I led Central Stores, Inc,. with reference to a Missouri corporat Tracts "S" and "A' of said Registered Land Survey go. b20 and that portion of York Avenue South as now platted ly- ing between said tracts I'D" and "A", and the Subordination Agreement dated February 25, 1957 by The Prudential Ins- ranee Coimpany. of America, a New Jersey corporation, with reference to the above described tracts of land. We have also examined Certificate of Title No. 23-D079 in the office of the Registrar of Titles of said Kenn- epin County', YAnnesota with reference to the tracts of land itemized in subparagraphs (1) and (2) above and Certificate of Title No. 246112 in the office of said Registrar of . Titles vrith reference to the tracts of land Itemized in subparagraphs (3) and (4) above, It is our opinion that upon the filing of said quitclaim deed,, said two Subordination Agreements and a duly cOrtifted copy of an appropriate resolution of the Council Cif the Village of Edina accepting said quitclaim deed and Subordination Agreements and the dedication of the above described tracts of land for street purposes and declaring F A E G R E & BENSON 1260 NORTHWESTERN BANK BUILDING MINNEAPOLIS 2, MINNESOTA Village of Edina -3M 2/2,5/`5 7 said tracts of land opened for street purposes, you will have a perpetual right-of-way for street purposes over said tracts of land, subject to the following mechanics' lien claims with reference to that portion of Tract "D" of said Registered Land Survey No. 629 which is included as a part of Tract "A" of said Registered Lana Survey No. 432'. (a) Mechanic's Lien Claim of Meyer Machine, Inc,,, a MIL.nnesolta corporation, with reference to red.. RJC:ks Robert J. Christianson Encls. "Tract 'A, and Tract IBI of Land Surrey No. 432 on file in office of the Registrar of Titles, Hennepin County,, Minnesota. Said description being set forth In detail In said Survey. Tract 'A' of Registered Land Survey No. 432 now known as IEI., 101:) 'Vii', ill of Registered Survey No. 629s" Vand accordin& to the Mechanic's Lien Statement dated 4, Meyer Machine, Inc., filed in February 1957 by the office of said Registrar of Titles as Document No. 523092 at 11.50 A.M. -on February 9, 1957, in the amount of $8,913.65. (b) Mechanic's Lien Claim of Libbey &- Libby Company, a Minnesota corporation, with reference to Tract *A'I of said Registered land Survey 11o. 1132, "including appurtenant easements of record" according to the Mechanic's Lien Statement dated December 26, 1956 by said Libbey &-, Libby Company, filed in the office of said Registrar of Titles as Document No. 519,,756 at 1:45 P.M. on December 27, 1956 in the amount of $24,917.004 We are enclosing herewith a copy of said Registered Land Survey No. 629 and a copy of said Registered Land Survey No. 432, wherein the above described tracts are colored in red.. RJC:ks Robert J. Christianson Encls. 572 4 4 iv c- ST DOWAL� NYMOFP R RESOLUTION ACCEPTING STREET DEDICATION WHEREAS, Southdale Center, Inc. and Southdale Realty Company, both Minnesota corporations, have tendered to the Village of Edina a quit claim deed conveying to the Village a perpetual right of way for street L purposes over the following parcels of I and in Hennepin County, Minnesota, to-wit: (1) Tracts "A". "C" and "D" of Registered. Land Survey No. 6 29, files of the Registrar of Titles in and for said County and State, and that portion of York Avenue South as now platted lying between Tracts "A"' and "D", said Survey No. 629. (2) Tract "'J" of Registered Land Survey No. 43 2, files of the Registrar of Titles in and for said County and State. (3) Tract "S" of Registered Land Survey S - No. 6290 file of the Registrar of Titles in and for said County and State. (4) Tract "N" of Registered Land Survey No. 432, files of the Registrar of Titles in and for said County and State. and WHEREAS, The Prudential Life Insurance Company of America, a New Jersey corporation, holder of a mortgage given, by said Southdale Center, Inc. dated May 1, 1955, filed in the office of the said Registrar of Titles on July 29, 1955, as Document No. 468693, mortgaging a portion of the premises described in the aforesaid quit claim deed, . has tendered to the Village a document subordinating its said mortgage to the dedication of said parcels for public street purposes; and WHEREAS., Allied Central Stores, Inc. , a Missouri corporation, holder of a private easement fear street purposes granted by that certain warranty deed given by said Southdale Center, Inc. dated May 24, 1955, filed In the office of said Registrar of Titles on June 11, 1955, as Document No. 463070, over a portion of the premises described in the aforesaid quit claim deed tendered by Southdale Center, Inc. and Southdale Realty Company, has tendered to the Village a document subordinating its said private easement to the dedication of said parcels for public street purposes.; NOW, THEREFORE, BE IT RESOLVED, That said quit claim deed and subordination agreements be, and they hereby are, accepted by the Village of Fdina, and the dedication of said parcels for public street purposes be, and the same is hereby, accepted and approved. BE IT FURTHER RESOLVED, That said parcels are hereby declared opened for street purposes. BE IT FURTHER RESOLVED, That the Clerk of the Village of Edina be, and he hereby is, authorized and directed to forthwith file the deed and subordination agreements described in the preamble hereto, to- gether with a true copy of this resolution, in the office of the Registrar of Titles in and for Hennepin County, Minnesota, and to take all other steps necessary or expedient to effectuate the purposes expressed in this resolution. CERTIFICATE STATE OF MINNESOTA) COUNTY OF HENNEPIN) 1, the undersigned, duly elected Clerk of the Village of Edina, being first duly sworn, do hereby certify that the foregoing instrument entitled "Resolution Accepting Street Dedication"I is a true, complete and correct copy of a resolution duly adopted by the Council of the Village of Edina at a meeting duly held on February 25., 1957, at which a quorum, for the transaction of business was present. Dated February 25, 1957. (Seal) "Clerk of the Village of Edina, Minnesota Subscribed and sworn to before me this day of February, 1957, t X ,t —�r I P�ublic, Hennepin Co., Minn. -2- E-/ �z 524082 hews-Tkm v6L A'17iEST DONALD C.BtNNYHOFF TIT&-ES DEFUTYSUBOUDIM&TICON 0XF PIUSUIVAI'S WAS4VIL T FUSUC STLVF. T ZA84-4RAENT ALLMO CENTRAL STORESs INC., a Missouri corrAratim, being the owner of Uie following 4eserthed premises in Hennepin COUUty, IMIAa0sota:' to-Wit'. Tract A. Registered I*nd Survey No. 432, Me* of the Re&trarof Titles In, and for Umaepin County, Minnesota, together wM * perpetual right of way for troot parposes over Tramts C and U. Rsoistere4 Lwid Sarvey No. QXo Wes of satd Reglatmr of Titles, and tMt portion 4f Tork Avow* Sooth " now rAatted lying between *Md Tracts C and U to the eel S&W portion, ofsaUi;york iWexiue *hall hereafter be Vacated as * pabitc. stmot# aoquired bywarraay 4*e4, filed in tbo office of the geitatrar of TWes of 6414 cq n june 1,1,. jaa&o as jkK-,Uwjeg* No., 403070. for Sood *ad vv4uable. ,emmiderations, to`en auts and Agroes that the exercise of said lost mentioned 'right of way ohaU not ts. any vmy Iriter fore nth the use of Tracts D,. S and A, , t ro d LaW &irvey No. $0, Wes of Registrar of Titlea in and for gemepin County, Wfuniesota, *ad that portion of York Aveme Smth as now plattod lying between said Writs D and A. as a public street so long as a public street *t*r sWd tracts &WI be vpaae4 4ad maintaiaed by the Mage of Edina. VimW40W IN WMESS AA r# Tk* =4*rsjpod has #us these prosents to be executed by its appropriate offloors th-ereunto duly authorized by its 'Board ,of Directors and Us caustd, its corporate seat to be affixed horeto as of the Ada y of Feb ruary. 1, .45 7. AUUJXL,d",,-C Tl� L ST =So INC*L ttd STATE OFMINNESOTA Ss. OV KT Y OF HE NNE PIN On this oC day of February, 1957:, before rte, a TRotary Pablic With x- anal fox said county, personally appea7red K. G. Iverson and H. R. Malcolm to personally known, who, being, by i. duly sworn, did say that they are respectively the Vice President and Assistant Secretary of ALLIED CENTRAL STOR9S,* INC., the corporation named in the foregoing Instrument, that the seal affixed to said instrument is the corporate seal of said corporation and that said instrument was signed and sealed in behalf of said corporation by authority of its Board cf Directors, and said K. GL Iverson and H. R. Malcolm helm wrledged said iastru sent to be the free act and deed of said ---; p�raiiOh . iota Public My inmiss on Expires A. LYMAN' 2'r, . .... NCt !- s r P.9 in. e' + ?y L2, 19 5,13. 5-/,,'7 52,:108,3 hEG-ISTE'RE'D VOL.--.�,l,L�PAGF VOL -ZZV-PAG f J c-,7 'i-- -:7 X24 8)L WEGISJEREL) VOL, AGE"�4�A 7� ATTEST DON116 C. BENNYHOPY im REJ ISTRAR OF TITLES KPUTV QUIT CLAIM DEED THIS INDENTURE, made this 28th day of January, 1957, between SOUTHDALE CENTER, INC., a corporation under the laws of the State of Minnesota, and SOUTHDALE REALTY COMPANY, a corpora- tion under the laws .of the State of Minnesota, parties of the first': part, and VILLAGE OF-EDINA, a municipal corporation 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 the sum of ONE DOLLAR ($1.001 and other good and valuable consideration to them in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, do hereby Grant, Bargain, Quitclaim, and Convey unto the said party of the second part, its zueoessors and assigns: A perpetual right-of-way for street purposes over the following tracts of land lying and being in *L-.he County of Hennepin, State of Minnesota: (1) Tracts "A", "C" and "D" of Registered Land Survey No. 629, files of the Registrar of Titles in and for said County and State., and that portion of York Avenue South as now platted lying between Tracts "All and "D", said Survey No. 629. (2) Tract "JI1 of Registered Land Survey No. 432, files of the Registrar of Titles in and for said County - and State. (3) Tract "S" of 'Registered Land Survey No. 629, files of the Registrar of Titles in and for said County and State. (4) Tract "N" of Registered Land Survey No. 432, files of the Registrar of Titles in and for said County and State. TO PAVE AND TO HOLD THE SAME, together with all the hereditaments and appurtenances ;hereunto belonging or in anywise appertaining, to the said party of the second part-, its successors and assigns, Forever. IN TESTIMONY WHEREOF, each of the parties of the first part has dauzed these presents to be executed in its corporate name by its President and Its Secretary and its corporate seal to be hereunto affixed the day and year first above written. in Presence of: SOUTHDALE CENTER, INC. BY lzz"�f2,z� Th w 2 Its f d6 Its Secretary SOUTHDALE REALTY COMPANY BY Its resid V A& 'Its Secretary STATE OF MINNESOTA ss. C013NTY OF HENNEPIN On this 28th day of January, 1957, before me a Notary Public within and for said County, personally appeared Bruce B. Dayton and H. A. Hull to me personally known, who, being each by me duly sworn did say that they are respectively the President and the Secretary'of Southdale Center, Inc., one of the corporations named in the fore- going instrument, and that the seal affixed to said instrument Is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors and said Bruce B. Da ton and H. A. Hull acknowledged said instrument to be the free act and deed of said corporation. ............. ... I ................ ,Nbta�r_y P. b*lic, Henneopi County, Minnes c6a. My Commission Expires RONERT J. CHRISTIANSON Not9tY PUL-lic, H,_nnncp!n County Minn. My ExPifez Oct, 26,'1957, STATE OF 14INNESOTA ss, COUNTY OF HEIvMPIN On this 28th day of January, 195' before me, a Notary Public within and for said County, personally appeared Bruce. B Da ton and 1 Hu1� to me personal y own, whoa being each by me duly sworn did say that they are respectively the President and the Secretary of Southdale Realty Company, one of the corporations named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors and said Bruce B Da on and H. A. Hull acknowledged said instrument to be the free pct and deed of said eorp4ra'; fiat. es lie, Fennepin 6ountyl finnes ta. MY Colmni s si on Expires ,.t ROBERT J. cHRISTIANSOIJ K' - =='�J F11-i 1011 1-i !c, H'r.nepin county, Minn, 1 % }' ? xiiIf:;;Io� Expires Oct. 26,195i. ATTEST DONALD C. BENNYHOF F REGISTRAR OR .T 1'TLR6 CONSENT AND SUBORDINATION e aEPUrr The undersigned, being the holder.of a Mortgage given by , ttid dated _ � a , Rt4� its ` of and , *in the office of the in and for 1(etl*pin County, Munewta �, on 44710 , 19% ht Woo' 86 3 in , of Page , )does hsreby consent to the . easement granted by.the document dated 4 wy ; 8 , 19 5T, to by a ,► Center lher and outhdale Wit' CWpsay 9 and attached hereto,,and hereby subordinates the lien of said mortgage to saki easement. In Presence of THE PRUDENTIAL INSURAMQE., COMPANY OF AMERICA By dean B'a?�tsnel �filliam J.?. Buy° P esiderit (24z� clg_� 4 Attest As tSecretary� Harvey E.. Nlitcfi¢q Ruth Anne Donahoe � : _ _ _ _ STATE OF f MTA ss. _ COUNTY OF I# MNMN ) On this ;'r day of ftbruary 19 $1 , before me, a Notary Public within and for said-County personally appeared William J.. KcBurney I nd Harvey E. Nl,zchn. to me personally known, who9 being by me duly sworn did say that they are the; Vice President and Ass1t Secretary of the corporation named in the forencing instrument, and that the seal affixed to said instrument is the corporate. seal of said corporation and that said instrument was signed and sealed'in behalf of said core ration.by authority of its Board of Directors and said William J. N°Hurney and harvey E. Kitchell acknowledged said instrument to be the free act and deed of said corporation.. Notary Public Co., My Commission Expires ,19 itlh25 f t' 07 r e rnFpin C S'ijn �� �, i °60 FAEG RE 8- BENSON J.B.FA EGRE JOHN C.BENSON RAYMOND A.SCALLEN GLENN S,STILES PAUL J MCGOUGH JOHN J.GLEASON LORING M.STAPLES PAUL CHRISTOPHERSON REX H.KITTS WENDELL O.ROGERS HAYNER N.LARSON LEONARD O.LANGER CHARLES B.HOWARD EVERETT A.DRAKE ARMIN M,JOHNS& ROBERT J. CHRISTIANSON DONALD L.ROBERTSON WRIGHT W. BROOKS JOHN B.FAEGRE,JR, JOHN S. P ILL5BURY, J P. JOHN A. MCEACHRON, JR. RODG ER L,NORDBYE GEO.. MCCLINTOCK,JR, GEORGE E.HARDING JOHN S. HOLTEN G.ALAN CUNNINGHAM R. W.OELKE CHARLES L.HORN,JR• Village of Edina, Edina, Minnesota. Gentlemen: 1260 NORTHWESTERN BANK BUILDING MINNEAPOLIS 2 February 25, 1957 We are general counsel for Southdale Center, Inc., a Minnesota corporation, and Southdale Realty Company, a Minnesota corporation, and as such have knowledge of the status of the title to the following described tracts of land lying and being in the County of Hennepin, State of Minnesota: (1) Tracts "A ", "C" and "D" of Registered Land Survey No. 629, files of the Registrar of Titles in and for said County and State, and that portion of York Avenue South as now platted lying between Tracts "A" and "D ", said Survey No. 629. (2) Tract "J" of Registered Land Survey No. 432, files of the Registrar of Titles in and for said County and State. (3) Tract "S" of Registered Land Survey No. 629, files of the Registrar of Titles in and for said County and State. (4) Tract "N" of Registered band Survey No. 432, files of the Registrar of Titles in and for said County and State. We have examined the quitclaim deed dated January 28, 1957 executed by Southdale Center, Inc. and Southdale Realty Company, as parties of the first part, running in your Village of Edina -2- 2/25/57 favor, whereby there.is conveyed to you a perpetual right -of- way for street purposes over the above described tracts of land, the Subordination of Private Easement to Public Street Easement dated February 22, 1957 executed by Allied Central Stores, Inc., a Missouri corporation, with reference to Tracts "D",- "S" and "A" of said Registered Land Survey No. 629 and that portion of York Avenue South as now platted ly- ing between said tracts ttD" and "A", and the Subordination Agreement dated February 25, 1957 by The Prudential Insurance Company of America, a New Jersey corporation, with reference to the above described tracts of land. We have also examined Certificate of Title No. 235079 in the office of the Registrar of Titles of said Henn- epin County, Minnesota with reference to the tracts of land itemized in subparagraphs (1) and (2) above and Certificate of Title No. 246112 in the office of said Registrar of Titles with reference to the tracts of land itemized in subparagraphs (3) and (4) above. It is our opinion that upon the filing of said quitclaim deed, said two Subordination Agreements and a duly certified copy of an appropriate resolution of the Council of the Village of Edina accepting said quitclaim deed and Subordination Agreements and the dedication of the above described tracts of land for street purposes and declaring V. , Village of Edina -3- 2/25/57 said tracts of land opened for street purposes, you will have a perpetual right -of -way for street purposes over said tracts of land, subject to the following mechanics' lien claims with reference to that portion of Tract "D" of said Registered Land Survey No. 629 which is included as a part of Tract "A" of said Registered Land Survey No. 432: (a) Mechanic's Lien Claim of Meyer Machine, Inc., a Minnesota corporation, with reference to "Tract 'A' and Tract 'B' of Registered Land Survey No. 432 on file in office of the Registrar of Titles, Hennepin County, Minnesota. Said description being set forth in detail in said Survey. Tract 'A' of Registered Land Survey No. 432 now known as 'E', 'G', 'H', `I' of Registered Land Survey No. 629," according to the Mechanic's Lien Statement dated February 4, 1957 by Meyer Machine, Inc., filed in the office of said Registrar of Titles as Document No. 523092 at 11 :50 A.M. on February 9, 1957, in the amount of $8,913.65. (b) Mechanic's Lien Claim of Libbey & Libby Company, a Minnesota corporation, with reference to Tract 'A " of said Registered Land Survey No. 432, "including appurtenant easements of record" according to the Mechanic's Lien Statement dated December 26, 1956 by said Libbey & Libby Company, filed in the office of said Registrar of Titles as Document No. 519,756 at 1:45 P.M. on December 27, 1956 in the amount of $24,917.00. We are enclosing herewith a copy of said Registered Land Survey No. 629 and a copy of said Registered Land Survey No. 432, wherein the above described tracts are colored in red. Very ruly yours, RJC :ks Robert Christianson Encls. J. B. FAEG RE F FA E G R E & BENSON Mrs. Gretchen Alden Village Clerk, Village of Edina 4801 West 50th Street Edina Minneapolis, Minnesota Dear Mrs. Alden: I enclose herewith a draft of resolution and certificate which was furnished to me by Mr. Lyman Beardsley. Mr. Beardsley advised that this was the form of resolution adopted by the Village Council on Monday, February 25, and that the form of certificate attached was the form which you had previously executed. The prospective mortgagees of the Donaldson Southdale property have requested me to secure a certified copy of the resolution. If satisfactory to you.. I would appreciate it if you could sign, seal and have acknowledged the certificate attached to the resolution, and return the same to me in the envelope enclosed. I notice that the form prepared by Mr. Beardsley is dated February 25, 1957• The dating is immaterial for our purposes and if you wish to change this, please do so. t. rt DLR: rs enc Y r very truly, Donald L. Rober son