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HomeMy WebLinkAbout636JAMES E. DORSEY DAVID E. BRONSON KENNETH M .OWE N LELAND W. SCOTT y� LEAVITT R. BARKER dv HUGH H. BARBER DONALD WEST WALDO F. MAROUART } JOHN W. W I N D H O R S T HENRY HALLADAY JULE M. HANNAFORD ARTHUR P.WHITNEY JOHN G. DORSEY RUSSELL W. LINDQUIST DAVID R. BRINK HORACE E. HITCH V I R G I L H. H I L L ROBERT V. TARBOX DEFOREST SPENCER P. t ROBERT J. JOHNSON MAYNARD B. HASSELOUIST PETER DORSEY s GEORGE P. FLANNERY CURTIS L. ROY ARTHUR E. W E I S B E R G 7 b y GREGG S. ORWOLL JOHN W. JONES D U A N E E. J O S E P H ROBERT E K DORSEY, OWEN, BARKER, SCOTT & BARBER ATTORNEYS AT LAW ,Tune 28, 1957 FIRST NATIONAL SOO LINE BUILDING MINNEAPOLIS 2. MINNESOTA y� TELEPHONE FEDERAL 2 -3351 dv } Village of Edina 4801 West 50th Street Minneapolis 24, Minnesota Re: Lot Twenty -two (22), Block One (1), Southdale Third Addition, and Lot Twenty -seven (27), Block One (1), Southdale First Addition, according to the plats thereof on file and of record in the of- fice of the Registrar of Titles in and for Hennepin County, Minn. Gentlemen: We have examined the title to the above- described premises as shown by Torrens Certificates of Title Nos. 254112 and 210267. Based upon such examination, we are of the opinion that the fee title to said premises is vested in THORPE BROS., INC., a Minnesota corpor- ation, free and clear of all liens, charges and encumbrances, except as follows: 1. Prior to the date of closing on this transaction, title to the above - described property was conveyed to Southdale Realty CoMany, a Minnesota corporation, who then, in turn, conveyed it to the Village of 2. Lot 22, Block 1, Southdale Third Addition, s subject to cei''li =estee+s ent No. 501737, Files of the Registrar of Titles. This lot is presently shown as a part of Lake Cornelia. The restrictions and conditions relate to the use of the lot for residential purposes only and go on to define cer- tain particulars with respect to any structure which is erected upon the property. It appears quite obvious that the real intention of the parties was not to limit the use of this property to residential pur- poses, since it is under water. We have been furnished with an affi- davit signed by Mr. Roy A. Moberg, Treasurer of Thorpe Bros., Inc., to the effect that it was not the intent of Thorpe Bros., Inc. to have that restriction apply to Lot 22, Block 1. The only sure method of removing this restriction is to name all of the property owners and mortgage holders in Southdale Third Addition in a proceedings subsequent DORSEY, OWEN, BARKER, SCOTT & BARBER Village of Edina 2 June 2$, 1957 to prove that the restriction was filed erroneously. This would in- volve considerable time and expense whichthe Dayton Company was un- willing to undertake. Accordingly, this transaction was closed on the basis of their furnishing us with the affidavit of Mr. Moberg, and we shall keep that in our files in the event a property owner in Southdale Third Addition ever questions the Village's use of this property. 3. Taxes for 1956 and prior years are paid in full. This opinion is limited to the matters shown by said Torrens Certificates of Title. All matters not so shown are excepted from this opinion and include; (a) rights of any parties in possession; (b) possibility of liens for improvements in process or completed on the premises within the last ninety (90) days; (c) general zoning and building laws and restrictions; (d) special assessments; and (e) matters which an accurate survey of the premises would disclose. Very truly yours, DORSEY, OWEN, BARKER, SCOTT & By W..r„r� DEJ:DAv plgp� JAMES E. DORSEY DAVID E. BRONSON KENNETH M .OWE N LELAND W. SCOTT L E A V I T T R. BARKER HUGH H. BARBER DONALD WEST WALDO F. MARQUART JOHN W. W I N D H O R S T HENRY HALLADAY JULE M. HANNAFORD ARTHUR F;.WHITNEY JOHN G. DORSEY RUSSELL W. LINDQUIST DAVID R. B R I N K HORACE E. HITCH V I R G I L H. H I L L ROBERT V. TARBOX DEFOREST SPENCER ROBERTJ.JOHNSON MAYNARD B.HASSELOUI! PETER DORSEY GEORGE P. FLANNERY CURTIS L.ROY ARTHUR E.WE158ERG GREGG S.ORWOLL JOHN W. J O N E S DUANE E.JO5EPH ROBERT E.KAUL DORSEY, OWEN, BARKER, SCOTT & BARBER ATTORNEYS AT LAW June 28, 1957 FIRST NATIONAL SOO LINE BUILDING MINNEAPOLIS 2,MINNESOTA TELEPHONE FEDERAL 2 -3351 Village of Edina 4801 West 50th Street Minneapolis 24, Minnesota Re: All that part of the South one -half (S 1/2) of the Northeast Quarter (NE 1/4) of Section Thirty (30), Township Twenty -eight (28) North, Range Twenty -four (24) West, Hennepin County, Min- nesota, lying West of the Westerly right -of -way line of Valley View Road and East of the following- described line: Beginning at a posit in the North line of said South one -half (S 1/2) of the Northeast Quarter (NE V4) Three Hundred Twenty -nine (329.0) feet West of the West line of Brookview Avenue as platted in PEACEDALE ACRES, which point is the Southwest corner of Lot Two (2), Block One (1), BOURGEOIS ADDITION; thence running South- easterly to a point in the Westerly right -of -way line of Valley View Road, which point is ninety -seven and three - tenths (97.3) feet North as measured at right angles from the South line of said South one -half (S 1/2) of the Northeast Quarter (NE V4) and there terminating. Gentlemen: We have examined the title to the above- described premises as shown by Torrens Certificate of Title No. 262453. Based upon such examination, we are of the opinion that the fee title to said premises is vested in SOUTHDALE REALTY CCMFA ,. a Minnesota corporation, free and clear of all liens, charges and encumbrances, except as follows: 1. A warranty deed to the above - described property from Southdale Realty Company has been delivered to us, and this instrument has been filed with the Registrar of Titles. 2. Taxes for 1955 and prior years are paid in full; taxes for 1956 are one -half paid. The Dayton Company made an arrangement with the office of the Registrar of Titles whereby they accepted the deed for filing with only one -half of taxes paid, since the conveyance was to a municipal corporation. They, of course, will have to pay the second half of the taxes due on this property. DORSEY, OWEN, BARKER, SCOTT & BARBER Village of Edina 2 Jhne 2$, 1957 This opinion is limited to the matters shown by said Torrens Certificate of Title. All matters not so shown are excepted from this opinion and include: (a) rights of any parties in possession; (b) possibility of liens for improvements in process or completed on the premises within the,last ninety (90) days; (c) general zoning and building laws and restrictions; (d) special assessments; and (e) matters which an accurate survey of the premises would disclose. Very truly yours, DORM., 0 , BARKER, SCOTT & BARBER By DEJ:DAV We,44" WAlnut 7 -8861 Dorsey00wen Barker,Scott and Barber, First National Soo Line Builing, Minneapolis 20 Minnesota. Atts Duane Joseph Dear Sirs VILLAGE OF EDI NA 4801 West 50th Street Edina 24, Minnesota August 22 1957 We are enclosing herewith Certificate of Title No. 269392„ District Court No. 10073, recorded on gage 269392 of Volume 888, which erroneously states our address as being 700 Nieollet Avenue in the City of Minneapolis. Please have this corrected and return the certificate to us. Thank ;you. B',y� /�. y Encl . G A Yours very truly, Warren C. Hyde, Village Manager. RT -13 2OM Transfer from Nos. 262453 & 269391 A. D. 1950 Volume 526 Originally registered the 25t Page 160650 S O'M som; Co of P ® S.S. �) "'� Village of Edina, a Minnesota municipal corporation having its principal place of business a/t7 700tNicollet Avenue in the City of Minneapolis, County of Hennepin and State of Minnesota is, �// Gf�GC%' C• t��G/ P�/'/// tP�'!i/C!�l�/��!�%OPp /�%G �i�lPi r�01�/`1�2f0iI�ZP/�2 GCJ /c��P�i1��G//. Par. 1. All that part off the South 1/2 of the Northeast 1/4 of Section 30, Township 28, North Range 24, West of the 4th Principal Meridian, lying West of the Westerly right -of -way line of Valley View Road and East of the following described line: Beginning at a point in the North line of said South 1/2 of the Northeast 1/4 329.0 feet West of the West line of Brookview Avenue as platted in Peacedale Acres which point is the Southwest corner of Lot 2, Block 1, Bourgeois Addition; thence running Southeasterly to a point in the Westerly right -of -way line of Valley View Road, which point is 97.3 feet North as measured at right angles from the South line of said South 1/2 of the Northeast 1/4 and there terminating. Par. 2. Lot 22, Block 1, Southdale Third Addition - bic d#g to t}�e plat t erei on file or of record in the office of the Registrar of Titles in and-for said Hennepinoitnty. ��, t��s���- �`�����/�irpri./�lr�.�,P.�b, ��i�� ,�ir��ir�P�.� /���,����i��ma� /�i�e�n� �p����irr�,o�iir�,Qp+� �LP�rr�•. Pir 1101�t / iP a I" lY- W I oliiJ. '� gyp/ Qfm 11, ell Ill, llp��l,l ill ill 11111� 1105 Ill Ill) 11 owwl 4 ,& i /4`tev G5!�4d�a��olitis�2i������� oil ✓. C�/�i�i�,GP�LDQ����p/�!' �GG�LJ i.�//.�l',��P //� -/ y� �/� ' p c% �, 0%1i1?I 0, G //%/iL/J / /ZG / /�L'O�/�/1 /���GP� i�p ��P , 22���1/✓ i%/ C%/ 7% ����GE � %1�I2�%JEG47? /,�i���l��E'/�i: (I% i ✓LF/. (� M- fw ft ery o1fj cI�GC!/I/P /i1�/LP/U/l�(! QU/f��G/[1PQ' / /YI221% 1111 //J7r�iCJiilLl /CI�f//l PGI /.�/P /Q!G!�/ Fourteenth '647 June /W 57 Donald C. Bennyhoff By DEPUTY nF /:,STATF,.S'_ F,AS'F.MF.NT,- OR CHARGES' ONTHELANDDESCRIBED IN THE GER TIFwATE OF TITLE HERETO ATTACHED. DOCUMENT KIND OF DATEOFINSTRUMENT DATE OF REGISTRATION AMOUNT RUNNING IN FAVOR OF SIGNATURE OF REGISTRAR HOUR NUMBER INSTRUMENT .MONTH DAY YEAR MONTH DAY YEAR A-M I PM Village of Edina (a municipal co ) Easement for Granting a perpetual easement fo 4 4l Utilities I Feb 1955 Mch 11 1959 2. 0 I watermains & _ sanitary sewer bur- _ poses over a strip of land 12 fb in w dth lying c. & SW of & adjacent to the S line of the exist ng 18 foot water m3an ea ement, run i hrough the S2 of the NEj— of Sec 3 , Tw-p 28 N R 4 W the centerlinle. of s watermairl easement being desc as fols: Be at the SE co of sd S2 of the th run N'0 2 ' 30" W alg the E line of sd S2 0 the NE -1 563 59 ft; th r S 89' ,,; 52' J 605.95 ft to the actual pt of beg of the centerline t be desc; th- N 50 ' W 191.55 � ft; th run S 88 13' 30" W 336.81 --S—FE--OVER _ �Uv ill l acc vvcrf 1 CONTINUED DOCUMENT KIND OF oArEOFINSTRUMENr DATE OF REGISTRATION RUNNING IN FAVOR OF- SIGNATURE OF REGISTRAR HOUR NUMBER INSTRUMENT MONTH 'DAY YEAR MONTH DAY YERR nMHOU ft to the ce terline of V lley View R ad. Also a strip of land 16 ft in width run through the 2 of the NE,- - � of Se 30, 28 N, R 24 W, & through the NE,— � of the SEu of sd Sec aO the centerline of sd st i of landl being desc as fols: Beg at the SE cor of the ft of the NE-1 f sd Se 30 th run N v 25' 30" W alg the E line of sd S2 of the NE , 563.59 ft; th ru S 89° 50' W 605.95 ft; th run S 39° 50' W, 15 ft to the actua t of be o the center Line to be esc; th run S 560 48' 47" E 320 ft th run S 30 E, 359.4 ft; th run s L30 8' W-473-38 ft; th run S 58 °.10' W, 203.87 ft more or 1 ss to a pt iii the N & E ound lane f Valley View Road. Also a strip width rul throuph t S1 of the NE1 of Sec 30, riti rp 28 N R 24 W the.centerli e of sd strip of land being desc as fols: Beg at the NE cor of sd S- of the NE,L- h run S 89° 1' 30' W, 1 19.08 ft g the N line of sd S2 of the NE4 to a pt whit is also 76.08 ft V of t e centerli e of Brookview Avenue as platted in Peacedale I Acres; th rup S 64 10' 4" E, 90.5 ft. Also a strip of land 10 ft in width lyg Sally of & ad'acent to th SWly line of the present water main easement run hr u h ,he S^ of the NE1 of Sec 0, 28 R 24 W the centerline of sd water main e sement being desc as fo •: Beg at t e NE cor of sd S2 of the NF,-,L, th run S 89' 51 30" W alg the P1 line of sd S2 of t e NE4, 1633 ft to a pt which is 10 e of the in e ed 1 Acres h run S 0° 25' 30" E, 30.85 ft to the actua pt of be of the center line to be desc; th run S 53� 37 E, 301.95 ft; th S 7° 51' 30" E, 275.77 ft to Valley View Road. nn r 1 The Village of Edina (a Minn co _ Quit Claim from Southdale Center, Inc. 46268 Deed Tune 1 lq59 June 8 195d 10:1 5 Restricting above land as to sanitary or 3torm sewers ocate with 'n 125 ft C the well on Track K Reg Land Survey No. 432. On Par. Creating certain restrictions, Restrictions reservations & covenants & subject S Covenants June 21 1956 June 2 1956 3:3 to Reservation of Easements Rights and Privileges with Respect to utilities, etc. See Inst On Par. 2. Village of Edina, a municipal corp. Granting a perpetual easemeat 5142011 s nt ct_ 24 iq561 i 61 Oct 30 1 6 0 over a strip of land 20 ft in wi h _ lyg within S c 3 28 R. 2E W. t e centerli e being as ,fol. Beg at the intersec of he center lice of Talley View Road & the So line of the N2 of the th at an angle of 53 v 26' 0" sd an 1 being mea SIlly from sd So. line of the N1 a dist of 278-02 ft & there to inati ig for sani ary sewer purposes. On Par 1. Village of Edina, a municipal coip- Granting a perpetual easement fo 14202 Easement Oct 24 1956 Oct 0 1956 0 watermain purposes over a strip of land 14 f . in width ruining throug i the Soto the NE-41 of Sec 30, Twp 28, R 24 1 •, the cennterli e being desc as fo : Beg at the NE or of sd S2 of the NE4; th -runnin So. 8 1' 0" W al the No. l'ne of sd Sl- 6f tle NEi. 1633 ft; to a pt which is 10 ft E of t e centerline of Br okvie/ Avenue as platted in Peacedale Acres; th So Zero Degrees 25 Minutes, ThirtY seco ds E, 30.8 ft; th So. 53' 37' E, 301.95 ft; th So. 47° 0" E. 275 77 ft to a le- iew a . On Par. I I i i