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Home My WebLink About667�61 No 6C JAMES E. DORSEY DAVID E. BRONSON DORSEY, OWEN, BARKER, SCOTT & BARBER M. KENNETH M .OWWE E N LELAND W. SCOTT LEAVITT R. BARKER ATTORNEYS AT LAW HUGH H. BARBER DONALD WEST WALDO F. MAROUART JOHN W. W I N D H O R S T HENRY HALLADAY p f� FIRST NATIONAL SOO LINE BUILDING JULE M. HANNAFORD April 244 1958 MINNEAPOLIS 2,MINNESOTA ARTHUR B.WHITNEY JOHN G. DORSEY TELEPHONE FEDERAL 2 -3351 RUSSELL W. LINDOUIST DAVID R.BRINK H O R A C E E. HITCH VIRGIL H. HILL ROBERT V. TARBOX DEFOREST SPENCER ROBERT J. JOHNSON MAYNARD S. HASSELOUIST PETER DORSEY GEORGE P. FLANNERY CURTIS L.ROY ARTHUR E.WEISSERG GREGG S.ORWOLL JOHN W. J O N E S DUANE E.JOSEPH ROBERT E.KAUL Mr, Warren Hyde Village Manager Village of Edina 4801 West 50th Street Minneapolis, Minnesota 4 Re: Fuller Property p� oF Dear Mr. Hyde: We enclose Owner's Duplicate Certificate of Title No. 280843. This certificate shows title to the former Fuller property in the Village of Edina. Before the building restrictions referred to in the certificate of title can be removed we shall need the release of restriction forms which we forwarded to you. DEJ : kn Enclosure Very truly yours, DORSEY, ONEN, BARKER, S COT T & BARBER By Xo_ 9 1. 4 JAMES E. DORSEYi DAVID E. $RONSON KENNETH M•OWEN LELAND. W. SCOTT LEAVITT R. BARKER HUGH H. BARBER DONALD WEST WALDO F. MAROUART JOHN W. WINDHORST HENRY HALLADAY JULE M.HANNAFORD ARTHUR B.WHITNEY JOHN G. DORSEY RUSSELL W. LINDQUIST DAVID R.BRINK HORACE E. HITCH V I R G I L H. H I L L ROBERT V. TARBOX DEFOREST SPENCER ROBERT J. JOHNSON MAYNARD B. HA55FLOUIST PETER DORSEY GEORGE P. FLANNERY CURTIS L.ROY ARTHUR E.WEISBERG GREGG S.ORWOLL JOHN W.JONES DUANE E.JOSEPH ROBERT E.KAUL DORSEY, OWEN, BARKER, SCOTT & BARBER ATTORNEYS AT LAW March 18, 1958 Mr. Warren Hyde Edina Village Manager 4801 West 50th Street Minneapolis 24, Minnesota Re: Lot Five, Prospect Hills Addition Dear Mr. Hyde: FIRST NATIONAL SOO LINE BUILDING MINNEAPOLIS 2,MINNESOTA TELEPHONE FEDERAL 2 -3351 We enclose herewith an original and one copy of our title opinion in the above - entitled matter. After you have had an opportunity to review this opinion, will you please call me. Very truly yours, DORSEY$ 0 , BARKS, SC BARBER By DEJ :DAV Enclosures JAMES E. DORSEY DAVID E. BRONSON KENNETH M.OWEN DORSEY, OWEN, BARKER, SCOTT & BARBER LELAND W. SCOTT LEAVITT R. BARKER HUGH H. BARBER DONALD WEST WALDO F. MAROUART JOHN W. WINDHORST HENRY HALLADAY _ JULE M.HANNAFORD ARTHUR B.WHITNEY JOHN G. OORSEY RUSSELL W. LINDQUIST DAVID R. BRINK HORACE E.HITCH VIRGIL H. HILL ROBERT V. TARBOX DEFOREST SPENCER ROBERT J. JOHNSON MAYNARD B.HASSELOUIST PETER DORSEY GEORGE P. FLANNERY CURTIS L.ROY ARTHUR E.WEISBERG GREGG S.ORWOLL JOHN W. JONES DUANE E.JOSEPH ROBERT E.KAUL Village of Edina 4801 West 50th Street Minneapolis 24, Minnesota ATTORNEYS AT LAW March 18, 195$ FIRST NATIONAL 500 LINE BUILDING MINNEAPOLIS 2,MINNESOTA TELEPHONE FEDERAL 2 -3351 Re: Lot 5, Prospect Hills Addition, Hennepin County,, Minnesota, accor- ding to the plat thereof on file or of record in the office of the Register of Deeds in and for Hennepin County, Gentlemen: We have examined the title to the above - described premises as shown by Certificate of Title No. 263309. Based upon such examination, we are of the opinion that as of March 18, 1958, the fee title to said premises was vested in ELWIN C. FULLER (married to Helen E. Fuller) free and clear of all liens, charges and encumbrances except as follows: 1. The above - described property is subject to certain racial and building restrictions as contained in Deed Document No. 180174, Files of the Registrar of Titles. These restrictions provide as follows: "The above property shall be conveyed subject to the following restric- tive covenant: No residence of value less than $7,500 shall be erected on any lot in this tract. No person of any race obey than Caucasion race shall use or occupy any lot except that this covenant shall not prevent occupancy by domestic servants of a different race domiciled with an owner or tenant. ". This restriction was imposed on Lots 1 through 16 in said Addition in June of 1942. The obvious intent of it is that the lot shall be used only for residential purposes. We have been advised by Mr. George Strong that it was the intent of the Village to place a water tower on this property. He has also stated that the property owners in the area have not objected to this. If this is the case, we would re- quire that Mr. Fuller obtain releases of this restriction and bring a proceeding subsequent to have the restriction removed from the certifi- cate of title. In the absence of this, it is possible for any property owner benefited by the restriction to enjoin the contemplated improve- ment on the property. 2. Taxes for 1956 and prior years are paid in full; taxes for 1957, due and payable in 1958, remain unpaid in the amount of $82.37• k DORSEY, OWEN, BARKER, SCOTT & BARBER Village of Edina. 2 March 18, 1958 This opinion is limited to the matters shown by said Certifi- cate 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 campleted on the promises within the last ninety (90) days; 0 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, SCOTS & BARBER By 'p . DEJ: DAV cc: Mr. Geo. W. Strong, Realtor 0 DORSEY. OWEN, BARKER, SCOTT & BARBER FIRST NATIONAL -SOO LINE BUILDING MINNEAPOLIS R" 1" 50 hWpot RMS M.ftt 4=* SOMOVft ftWX W,t r►, fti* to the t tha A` ca Me or at rowrd f: tbo a4ftce of to r ♦ a We bovo oxoudwd the t U e to the Alb* sail d Sees 141'1 aboa b' CorUftftto at TlUs * 963309,E $ 4PM SQ& 1t wo wm o' Us apWo tkat " of *rob 18# M8m VV ft* 1AU6 tie +ou .d prout s vooted In XWn C, K (mxr,%e8 to ftlm F6 fir) fxse 2. Tom* for 19% od Via' yoWe WO gala. U ftW tam fft 19570 and pNiy+1 bU in 3958., vemin WV4d in that mamt at viumwr at gal" 9 awah 18, 1938 TMe Q pWou tls lbdtea . to the natters sbm Said Cordt1- c*te of Title. All matters not so sbm are excepted ftm this opbA say iaclude$ 103 s ;Mies ssi b ssibia t of USAS tOW IV Au in process ac acmuted an the V"Ses vtWn the last awtor () ) ia SeawmI zoning and bAW-13M Iwo, 44A Mtrt*U=*J +i meow "SOafM"Ute; "d e mattwo vb1ch an acamte suss at the prowd"sss w4laa "$*low* my D u 4"0 W* Strovap Realtor vft7 tray Y'O 0 The Village of Edina will exercise Its option granted by W. Fuller to purchase lot 5, Prospect Hills Awiditic4l at the total cost of $%54.00. This will confirm our telephone . conversation of this afternoon.;" Will you please deliver the abstract for title exftinstion to Mr. Duane Joseph of the firm of Dorseys0wen,Harker„ Scott and Barber, the attorneys for the Village. 1 i March lo, 19°`56 ,a i i Jir. �C Mr. George W. Strong, 4606 moorland Avenue, ;L Edina 249 Minnesota. Dear ter. Strong: #z; The Village of Edina will exercise Its option granted by W. Fuller to purchase lot 5, Prospect Hills Awiditic4l at the total cost of $%54.00. This will confirm our telephone . conversation of this afternoon.;" Will you please deliver the abstract for title exftinstion to Mr. Duane Joseph of the firm of Dorseys0wen,Harker„ Scott and Barber, the attorneys for the Village. No. 1512— Option Contract OPTION CONTRACT Miller-Davis Co.. M For and in consideration of the sum of....... ....... One...H=d e. d....................... ............................... ........................Dollars to me in hand paid, the receipt whereof is hereby a- cknowledged, I hereby drant unto .............. ............................... The,. Village of Edina ...................................................................................................................................................................... ............................... ..................................................................................................................... ............................... aA Option for .... ..'Z'h.i. rtly ................. .days, from theS. e. venth .................. ............................... day of.. February ......................... ............. .., 19..58..., to purchase for the sum of Ni.ne...'�h.Qusan �.. ..(.v....i,....�. u...r ..p.. . t. p... ... .. .............. ........ ............. ......... . ........... ............................. ... ....... ................. DOLLdRS, the following described lands ............................................................... ............................... .......................situated in the Country of Hemepin ... ............................... ............................and State of..Minnesotl , to -wit: .................. ............................... Lot Five(5), Prospect Hills addition. upon the following terms a r{a'14f7A,0VAV aid.... Village... Of..Edina.. ......... I... shall pay Nine Thousan Dollars ($9jb0.00) including the above One Hundred Dollars(4100. in Cash, on or before, march 20, 195 . V. �age...or... Edina .............................................................................................................. .............................to signify his intention to take or reject the same by due notice in writing within the time above specified, and a failure to serve such notice within the time specified shall terminate this Option without further action, time being the essence of this agreement. In case said notice shall be served in due time, then ........... 10 ....... ............................... ........................... days shall be given in which to examine abstract, make deeds and close sale. Witness: /� G V 1../' i�•�� MILLER -DAVIS CO., MINNEAPOLIS RELEASE OF RESTRICTION In consideration of One Dollar (1.00) and other good and valuable consideration, we A@=nd..M_ Ty= and y;f:nni a y, lasjc, husband and tip; fa . owners of the hereinafter described property situate in the County of Hennepin, State of Minnesota, to -wit : Lot IT, Prospect Hills Addition according to the plat hereof on file or of record in the office of the Register of Deeds in and for Hennepin County 411 do hereby consent to the removal of the restriction on Lot *) Prospect Hills Addition which restriction was imposed on said property by a deed dated June 232 1942, filed for registration in the office of the Registrar of Titles on July 23, 1912, and registered as Document No. 180174 which restriction provides as follows: "The above property shall be conveyed subject to the following restrictive covenant: No residence of value less than $7,500 shall be erected on any lot in this tract. No person of any race other than Caucasion race shall use or occupy any lot except that this covenant shall not prevent occupancy by domestic servants of a dif- ferent race domiciled with an owner or tenant." It is our understanding that the Village of Edina intends to cony struct an underground water reservior with a one -story brick pumping station on a part of the surface of the Lot and that said Lot will be sodded and land- scaped by the Village of Edina. IN TESTAMONY WHEREOF, We have hereunto set our hands this day of 1958 • ., STATE OF PTINNESOTA ) ) SS. COUNTY OF HENNEPIN) appeared 1958, before me personally 9 who executed the foregoing nstrument, and acknowledged that they executed the same as their free act and deed. .--\ 0 J. N. DALEN Notary Public, Hennepin County, Ml n. My Commission Expires Juiy 24, 1 RELEASE OF RESTRICTION In consideration of One Dollar (1.00) and other good and valuable consideration, We Pan] u 1&rn; nkp and Rctr ni as A- Wern i CkAi hta shared r and xxi fP , owners of the hereinafter described property situate in the County of Hennepin, State of Minnesota, to -wit: Part of Lot 1�., Prospect Hills Addition according to the plat thereof on file or of record in the office of the Register of Deeds in and for Hennepin County as described in Certificate of Title No. 274581 do hereby consent to the removal of the restriction on Lot Prospect Hills Addition which restriction was imposed on said property by a deed dated June 23, 1942, filed for registration in the office of the Registrar of Titles on July 23, 1942, and registered as Document No. 180174 which restriction provides as follows: "The above property shall be conveyed subject to the following restrictive covenant: No residence of value less than $7,500 shall be erected on any lot in this tract. No person of any race other than Caucasion race shall use or occupy any lot except that this covenant shall not prevent occupancy by domestic servants of a dif- ferent race domiciled with an owner or tenant." It is our understanding that the Village of Edina intends to con- struct an underground water reservior with a one -story brick pumping station on a part of the surface of the Lot and that said Lot will be sodded and land- scaped by the Village of Edina. IN TESTAMONY WHEREOF, day of iuLZ 1958. In the Presence of.• SLATE OF MINNESOTA) ) SS. COUNTY OF HENNEPIN) We have hereunto set our hands this ._ 3 `11 On this day of appeared Paul H. Wernicke_z I ",,59=4 ,-� wire -4 do me Known who executed the foregoing instrument, and same as their free act and deed. 1958, before me personally . Wernicke husband and be the persons described in and :knowledged that they executed the J. N. DALEN Notary Public, Hennes )in !mtv Minn, My G07illTi1m_-:On rpir�s July 24, 1W RELEASE OF RESTRICTION In consideration of One Dollar 01.00) and other good and valuable consideration, we Finn J. Larsen and Valerie Larsen,, husband and wife , owners of the hereinafter described property situate in the County of Hennepin, State of Minnesota, to -wit: Lot 9. Prospect Hills Addition according to the =- plat thereof on file or of record in the office of the Register of Deeds in and for Hennepin County do hereby consent to the removal of the restriction on Lot, Prospect Hills Addition which restriction was imposed on said property by a deed dated June 23, 1912, filed for registration in the office of the Registrar of Titles on July 23, 1912, and registered as Document No. 180174 which restriction provides as follows: "The above property shall be conveyed subject to the following restrictive covenant: No residence of value less than $7,500 shall be erected on any lot in this tract. No person of any race other than Caucasion race shall use or occupy any lot except that this covenant shall not prevent occupancy by domestic servants of a dif- ferent race domiciled with an owner or tenant." It is our understanding that the Village of Edina intends to con- struct an underground water reservior with a one -story brick pumping station on a part of the surface of the Lot and that said Lot will be sodded and land- scaped by the Village of Edina. IN TESTAMONY WHEREOF, We have hereunto set our hands this az day of 12 1958. STATE OF MINNESOTA) ) SS. COUNTY OF HENNEPIN) am.-- day of On this c appeared _ Finn J. Larsen an do me who executed the foregoing instrument, same as their free act and deed. 1958, before me personally mown to be the persons describea in ana and acknowledged that they executed the t Not ry Public J, N. DALEN *lotary Public, Hennepin .. Ity Mi n. y G�mmis_;an xPires July 24, 1 fl RELEASE OF RESTRICTION In consideration of One Dollar ($1.00) and other good and valuable consideration, we Rvprl A- rarl Qnn and ay F- nflrl cnn_ hnahond and— wife , owners of the hereinafter described property situate in the County of Hennepin, State of Minnesota, to -wit: Lot I, Prospect Hills Addition according to the plat thereof on file or of record in the office of the Register of Deeds in and for Hennepin County do hereby consent to the removal of the restriction on Lot 85, Prospect Hills Addition which restriction was imposed on said property by a deed dated June 23, 1942, filed for registration in the office of the Registrar of Titles on July 23, 1942, and registered as Document No. 180174 which restriction provides as follows: "The above property shall be conveyed subject to the following restrictive covenant: No residence of value less than $7,500 shall be erected on any lot in this tract. No person of any race other than Caucasion race shall use or occupy any lot except that this covenant shall not prevent occupancy by domestic servants of a dif- ferent race domiciled with an owner or tenant." It is our understanding that the Village of Edina intends to con., struct an underground water reservior with a one -story brick pumping station on a part of the surface of the Lot and that said Lot will be sodded and land- scaped by the Village of Edina. IN TESTAMONY WHEREOF, We have her unto set our hands this 2b` i day of 1958• In the Presence of: STATE OF MINNESOTA) ) SS. COUNTY OF HENNEPIN) On this P 0 day of A-74,nLk-O., 1958, before me personally appeared wife, to me who executed the foregoing instrume same as their free act and deed. , and acknowledged that they executed the 4 0 Notary Public BEATRICE C. !! ?T!N lea -itary Public, Fiennepr, Ccunty, Minn. My Commission Expires Jan. 23,1965 RELEASE OF RESTRICTION In consideration of One Dollar ($1.00) and other good and valuable consideration, we Warren C. Hyde and Veda C. Tyke, hus}�„d and wife , owners of the hereinafter described property situate in the County of Hennepin, State of Minnesota, to -wit: Lot _, Prospect Hills Addition according to the plat thereof on file or of record in the office of the Register of Deeds in and for Hennepin County do hereby consent to the removal of the restriction on Lot 15, Prospect Hills Addition which restriction was imposed on said property by a deed dated June 23, 1942, filed for registration in the office of the Registrar of Titles on July 23, 1942, and registered as Document No. 180174 which restriction provides as follows: "The above property shall be conveyed subject to the following restrictive covenant: No residence of value less than $7,500 shall be erected on any lot in t his tract. No.person of any race other than Caucasion race shall use or occupy any lot except that this covenant shall not prevent occupancy by domestic servants of a dif- ferent race domiciled with an owner or tenant." It is our understanding that the Village of Edina intends to cony struct an underground water reservior with a one -story brick pumping station on a part of the surface of the Lot and that said Lot will be sodded and land- scaped by the Village of Edina. IN TESTAMONY WHEREOF, We have hereunto �t our hands this r day of�� 1958 • '' In the Presence of : % ' /r'� !% L STATE OF IEWESOTA ) ) SS . COUNTY OF HENNEPIN) On this ?day of ',- 1958, before me personally appeared Warren C._ Hyde and. Veda C,,� $yd,� husband and wifg. to me known to be the person�ribed in and who executed the foregoing instrument, and acknowledged that they executed the same as their free act and deed. (A �tchen S .Alden ) Notary Public My Commission Expires 1�:12�60 i d J j' 6 ?,xgg 567S08 lbj�F, 1883 Ll OWNER'S DUPLICATE C�erttftrttft of ('i Village of Edina Owner.(s.) STATE of MINNESOTA, COUNTY of HENNEPIN. 97 V and the title thereto" of the General laws of the State of Minnesota for the year lyuo, ana the amenaments thereof, namely: 1. Liens, claims or rights arising under the laws or the constitution of the United States, which the statutes of this state cannot require to appear of record. 2. The lien of any tax or special assessment for which the land h_ as not been sold at the date of June 2, 1961. 3. Any lease for a period not exceeding three years, when there is actual occupation of the premises under the lease. 4. All rights in public highways upon the land. S. Such right of appeal or right to appear and contest the application as is allowed by law. 6. The rights of any person in possession under deed or contract for deed from the owner of the certificate of title. IN WITNESS WHEREOF, 1 have hereunto subscribed my name and affixed the seal of my office this Twenty -fifth day of May 1978 Wayne A. Johnson Registrar of Titles, In and for the County of Hennepin and State of Minnesota. MEMORIAL By iQ WA Jn,,- DEPUTY OF ESTATES, EASEMENTS OR CHARGES ON THE LAND DESCRIBED IN THE CERTIFICATE OF TITLE HERETO ATTACHED. DOCUMENT NUMBER KIND OF INSTRUMENT DATE of INSTRUMENT DATE OF REGISTRATION AMOUNT RUNNING IN FAVOR OF SIGNATURE OF DEPUTY REGISTRAR Month Day Vear I Month I Dayl Year Hour PW SEE OVER HC 1030 CERTIFICATE OF TITLE _ No. 56 908 66 7 No. 567908 DISTRICT COURT No.(s) 5185 Transfer from No. 330722 Originally registered the 16th day of January A. D. 1941 Volume 234 Page 73097 STATE of MINNESOTA, REGISTRATION COUNTY of HENNEPIN. This is to certify that Village of Edina, a Minnesota municipal corporation, having its principalplace of business at 4801 West 50th Street, City of Edina, County of Hennepin, State of Minnesota is now the owner(s) of an estate in fee simple of and in the following described land situated in the County of .Hennepin and State of Minnesota, to wit: Tract A, Registered Land Survey No. 971, Files of Registrar of Titles, County. of Hennepin. Subject to certain building restrictions as contained indeed Doc. No, of Registrar of Titles. Subject to the encumbrances, liens and interest noted by the memorial underwritten or endorsed hereon; and subject to the