HomeMy WebLinkAbout9694
Village of Edina
4801 WEST FIFTIETH STREET • EDINA 24, MINNESOTA
Mr. Harry Fiterman, as Trustee in
Voluntary Dissolution of Cal -Mar
Investment Corporation
Rand Tower
Minneapolis 2, Minnesota
Dear Mr. Fiterman:
WALNUT 7 -8861
January 8, 1963
In connection with the purchase by the Village of
the property owned by Cal -Mar Investment Corporation on
Arcadia Avenue, the closing date was December 20. Mr.
Erickson of the Dorsey law office feels that the Village is
therefore entitled to one -third of the rent paid by Quality
Service Concrete Company for the month of December. I have
discussed this with Mr. and Mrs. Danens and they suggested
that a letter to you was necessary in order that this may
be cleaned up.
Very truly yours,'
Warren C. Hyde
Village Manager
WCH:blb
1/11/63 - Inclosed is check from Cal -Mar Investment Corporation
for $100 to reimburse The Village of Edina for one-tbird the rent paid by Quality Service Co. for the month
of December. �� --
Mr. George C. Klein
Executor of the Last Will and
Testament of Charles H. Klein,
deceased
Quality Service Concrete Co.
101 Colfax Avenue North
Minneapolis 3, Minnesota
Dear Mr. Klein and Gentlemen:
This letter is to advise you that the Village of Edina became the
owner of the property leased to you by the Village by letter lease agreement
dated December 13, 1962, on December 20, 1962. Pursuant to the terms of
said agreement, you will, therefore, pay the Village of Edina rent in the
amount of-$300 per month, beginnning January 1. We understand you paid the
December rent to J. A. Danens and Sons, who will remit one - third, or $100,
to the Village.
Please execute this letter in the space provided at the end hereof
to acknowledge your receipt and agreement to the date of commencement of
said lease.
Very truly yours,
VIL OF'EDINA
By �t'
Art�ur C. Bred en_, Mayor
And ,, ��s
Warren C. Hyd Manager
The commaenrement dat of said lease as above set out is hereby
agreed to this /G day of 1963.
QUALITY SERVICE CONCRETE CO., a co- partner-
ship consisting of Landers- Norblom, Christen-
sen Co., a Minnesota corporation and George
C. Klein, as Executor of the Last Will and
Testament Charles H. Klein, deceased.
by S- HRISTENSEN CO.
It-�J _
Its
And
George C. ein, as Executor of George Klein, as Executor of
the Last 11 and Testame=nt of Last WiTI and Testament of Charles
Charles H. Klein, deceased H. Klein, deceased.
DORSEY, OWEN, MARQUART, WINDHORST $ WEST
JAMES E.DORSEY11889 -19591
DAVID E.BRONSON DUANE E- JOSEPH
KENNETH M.OWEN JOHN W.JONES
DONALD WEST JAMES BNESSEY
WALDO F.MAROUART WILLIAM A.WHITLOCK
JOHN W_WINDHORST CHARLES O.HOWARD
HENRY HALLADAY THOMAS M.BROWN
JULE M.HANNAFORD CORNELIUS D. MAHONEY
ARTHUR S- WHITNEY THOMAS S.ERICKSON
JOHN G.DORSEY EDWARD J.SCHWARTZBAUER
RUSSELL W.LINDOUIST MICHAEL E_BRESS
DAVID R -BRINK PAUL G.ZERBY
HORACE E -HITCH RAYMOND A.REISTER
VIRGIL H -HILL JOHN J.TAYLOR
ROBERT V- TARBOX BERNARD G.HEINZEN
DEFOREST SPENCER WILLIAM J. HEMPEL
ROBERT J- JOHNSON JOHN S.HIBBS
MAYNARD B.HASSELOUIST DOUGLAS L.WORTHING
PETER DORSEY THOMAS A -WENTZ
GEORGE PFLANNERY ROBERT O.FLOTTEN
CURTIS L -ROY MORTON L.SHAPIRO
ARTHUR E- WEISBERG
LAW OFFICES
2400 FIRST NATIONAL BANK BUILDING
MINNEAPOLIS 2,MINNESOTA
FEDERAL 2 -3351
January 23, 1963
Warren C. Hyde, Manager
Village of Edina
4801 West Fifthieth Street
Edina 24, Minnesota
i V
RE: Acquisition of Cal -Mar Investment Corp. Property
Dear Mar. Hyde:
OF COUNSEL
LEAVITT R.BARKER
LELAND W- SCOTT
HUGH H- BARBER
I enclose herewith for your files the fully executed copy
of a letter agreement between the Village and J. A. Danens & Sons, Inc.
which sets forth the commencement date of the letter lease agreement
of November 14, 1962 between the Village and J. A. Danens & Sans, Inc.
I understand that the Village has received the $100 rental
payment for the last ten days of December from Harry F3terman.
Very truly yours,
Thomas S. Erickson
TSE :ca
Enclosure
J * A. Dauens & Son, Inc e
5106 Brookside Avenue
Editna, Mille ota,
M Letter Inane A� ront of November, 14,. 1962.
Lot 10,, Bock 2. "Grand Vi t Heights", -according to the
recorded plat thereof.
on November 14., 1962, tae Village of .Edina -ente d into a written
letter I'leSse + ement with you, whereby tbo property above described was
Leased to you for the to= of Five years commencing on the date that Vile
of Vdina, became the fee owner of said premi.ses,p sub fact, however., to earlier
termination and expiration, as .set out in said ;fetter lease agreement. Said
.lease calls for a supplement agmeement $ettiug Forth the commencement date
and termination date of the lease,, once the date of a:cquisti.on by the Vi1.l age
of Edina becort�s knmona The 'pillage of Edina beca= the Tee cnmers of the
property above described on December 2+ ,, 19623 an ve, therefore,, send this
letter to you to set foebh the commencement date az�d. termination date of
said lease.. which commencement date wass December 20y. 1962 and which termina-
tion date 7,:?ill be December 1 s 1967, subJect to aewl.ier termination as set
out in said letter lease agreement of Rovember 113, 19602.
Please ei.gn this levee agreement in the space provided at the end;
hereof to acknoviedge your hem 't to the commeneerafs -at and termination
dates of said lease.
The above co encement ax to i
accepted, and. agreed to this Q4 daffy of
J. A.
F Qj a
dates of said lease ave hereby.
19631..
SO S, ]MC.
Otate of jaintle5otat
County of 1 man
On this
day of .. .. .... RAMIIIN&W . ...... before me,
a within and for said County, personally appeared
..... .... .....
to 77)—, known to be, the person described in, and who executed the foreLloinV
instrument,
.... ... .... ... .
(,See Now) and acknowled�ftd that he executed
the same as free act and deed
(See Note)
%'Ota?7/ PUI)IiC .... . .. .... County, Minn.
7.n County. Min=
My com---Szien Expiles July 5. INC JIY commimion expires .. ....
19 -
NOTE: The blank lines marked "See Note" are for use when the instrument is executed by an attorney in fact.
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party of the second part,
WitntgOtfj That the said part..=.. .. of the first part, in considerotion of the suirt of
Joe Dal I ( -A)) and .OUAIr 000d. si %QaWWM • : - .aMXt
to i" in hr.nd paid by the .said party of the second part, the reeript whereof is herehU
acknowledged, do hereby Grant, Bar0ain, :Sell, and Convey unto the said party of the second par,,
its stircessor•s and assigns, Forever, all the tract or parcel of land lying and being in the Count,
of qWm3w �i-z and ,State c;r Minn-sota, described as follows, to -wit:
Lori" �, 30 i, S, !1.P` 1; WO US% tt at Logo 11 to 19 Le-
IV � = IUSIw, all in &Oak 2, Mend Yyw � t&U ' r to iM ��
u M plot tbeeot.
A a xW" of the C•SUW li�oe of mm "fir am ft" at a IUW a� VQWJUUt
w� V.4 •.. tt,o MS" %reek at UW Est, 839WI U si `IVAUfta a� !!4e
w r4 a � oo tae sm%b 13ae at ft" ftru Ment LM 8, 41awma 30 !Mt �t
r,, e1 traia tae Weetbm" ocme at w< 7a�ert Lot 6, to as GWINWO,•
.4 rn sat �'► fret
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to 0 It N
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U Jbabe anb to *olb tbt imme, Together with all the hereditarnents and appurtenawoes
eheretrnto bci .,,n, sing. or in anywise appertrtini,e„ to the said part of the sreo,ut rt, its successors and
Forerer..Ind the said XW " sI.Uo!'�t r � �+ �
...........
�►1 -lie Yavoo �ar�oM
l,,,rt of the first port, for heirs, execu tors and admini-strators, c&, M
r' „t•enttnt Wi0i• t.h.e, said norty of the second part, its successors anal assigns, that ....�..� .............. ris++.tl
seized in fee of the lands and prerr.,ises aforesaid, and haO. -... _ Rood right to sell and convey the same to
rr,anner and form aforesaid, aml that the .tame are free from all incum.brarwes,0a64t r NIWN am@”.
.4net 'n ed,,w, horoarn,.l nnrl ,Irpniod or 1, etn•/ l.ren,ixeh, in tlzr yt,../ and prnr.••zhi, p-mx, j ih.P
said p,rty of the seconel l „trt, its ,.rtcce.�.So/8 ( Ind fIs,;iQn.4, against all persons lutrfa.11y eirtiminC or t..� C. taLIft
the ti-hole or any part thereof, subject to incurnbrances, if any, hereinbefore rnentioned, the said part J
of the first part will Warrant awl Defend.
Jtt Xemlimonp Iftertof, The said part 1. of the first part hd hereunto set ��
... ...............
hand the day and year first above written.
In Presence of
rt oat -awe I.w.iwt awa.
DORSEY, OWEN, MARQUART, WINDHORST & WEST
JAMES E.DORSEYIIB09 -19591
DAVID E.BRONSON
DUANE E.JOSEPH
KENNETH M.OWEN
JOHN W.JONES
DONALD WEST
JAMES BNESSEY
WALDO F.MAROUART
WILLIAM A- WHITLOCK
JOHN W.WINDHORST
CHARLES O- HOWARD
HENRY HALLADAY
THOMAS M.BROWN
JULE M_HANNAFORD
CORNELIUS D. MAHONEY
ARTHUR S- WHITNEY
THOMAS S- ERICKSON
JOHN G-DORSEY
EDWARD J.SCHWARTZBAUER
RUSSELL W.LINDQUIST
MICHAEL E_BRESS
DAVID R -BRINK
PAUL G. ZERBY
HORACE E.HITCH
RAYMOND A.REISTER
VIRGIL H.HILL
JOHN J. TAYLOR
ROBERT V- TARBOX
BERNARD G.HEINZEN
D&OREST SPENCER
WILLIAM J- HEMPEL
ROBERT J.JOHNSON
JOHN S -HIBBS
MAYNARD B.HASSELOUIST
DOUGLAS L.WORTHING
PETER DORSEY
THOMAS A.WENTZ
GEORGE P. FLANNERY
ROBERT O.FLOTTEN
CURTIS L. ROY
MORTON L- SHAPfRO
ARTHUR E- WEISSERG
Village of Edina
4801 West 50th Street
Edina 24, Minnesota
Gentlemen:
LAW OFFICES
2400 FIRST NATIONAL BANK BUILDING
MINNEAPOLIS 2,MINNESOTA
FEDERAL 2 -33SI
December 11, 1962
OF COUNSEL
LEAVITT R_BARKER
LELAND W SCOtT
HUGH H- BARBER
SUPPLEMMKNTAL TITLE OPINION
RE: Lots 2, 3, 14, 5, 6, 7, 81 9 and 10; the East 90 feet
of Lots 11 to 19 inclusive, all in Block 2, "Grand View
Heights ", according to the recorded plat thereof.
That part of Government Lot 8, Section 28, Township 117,
Range 21, lying North of the center line of.Rden Avenue
and East of a line drawn parallel to the main tract of the
Minneapolis, Northfield and Southern Railway from a point
on the North line of said Government Lot 8, distant 582
feet Last from the Northwest corner of said Government Lot
8, according to the Government survey thereof.
Together with an.seasement for driveway purposes over the West
10 feet of the Bast 100 feet of Lots 11 to 20, inclusive,
Block 2, "Grand View Heights ", and an easement for driveway
purposes over a strip of land 10 feet in width contiguous to
and adjoining the Westerly boundary of that part of Government
Lot 8 above described.
We have examined the title to the above described premises as
shown by a Registered Property Abstract, Certificate of Title No. 338935,
to the property above described, except said easement areas, which Regi-
stered Property Abstract was last certified to November 2, 1962 at 7:00 a.m.
by Title Insurance Company of Minnesota, and an abstract of title to the
easement areas above described last certified to November 2, 1962 at 7:00
a.m. by Title Insurance Company of Minnesota. Based upon such examination,
DORSEY, OWEN, MAROUART, WJNDHORST & WEST
Village of Edina - 2 - December 11, 1962
we are of the opinion that as of November 2, 1962 at 7:00 a.m., the fee
title to the property above described was vested in HARRY FITERMAN, AS
TRUSTEE IN VOLUNTART DISSOLU'T'ION OF CAL -MAR INMTNENT CORPORATION, a
Minnesota corporation, free and clear of all liens, charges and encum-
brances, except as follows:
1. Subject to the charge, as to the East 90 feet of said Lots
11 to 19 inclusive, and all of said part of Government Lot 8, created by
deed dated May 25, 1953, filed August 31, 1953, and recorded in Book 1970
of Deeds, page 279, which deed also conveyed the easements above described,
was from the Minneapolis, Northfield and Southern Railway, a South Dakota
corporation, and reads as follows:
"By acceptance of this grant, the grantee for itself, its
successors and assigns, covenants with the grantor, its
successors and assigns, to construct promptly upon demand,
at its own sole cost and expense, a sufficient and adequate
retaining wall on the westerly edge of the herein described
premises, to protect grantor's railroad roadbed from widen-
ing or encroaching upon the aforesaid easement for driveway
purposes, and thereafter to maintain, repair and renew the
said retaining wall in perpetuity. This shall be a covenant
running with the land and shall inure to the benefit of the
owner of the railroad right of way adjoining on the West the
herein conveyed leered. "
2. Subject to the power line easement over and across the North
five feet of said Lot 2 and the North five feet of the East Ninety feet of
said Lot 19, as created by deed of record in Book 2112 of Deeds, page 470.
This deed gave to Northern States Power Company, a Minnesota corporation,
an easement for the construction, operation and maintenance of lines for
transmission of electrical energy, including the necessary poles, wires,
guys, stubs, anchors and other fixtures over and across the portions of
said Lots 2 and 19 above described. It also gave the grantee the right
to trim and cut trees which interfere with the exercise of the rights granted
by the deed, and recites that the grantee shall leave one anchor and one pole
as now located in vacated Hopkins Road, 56 feet, more or less, East of the
Minneapolis, Northfield and Southern Railway right of way. This anchor and
pole is not located in and does not affect the property above described in
the caption of this opinion.
3. Subject to the effect of an ordinance of the Village of Edina
relative to platting and subdividing, a certified copy of which is of record
in Book 641 of Miscellaneous Records, page 45.
DORSEY, OWEN, MARQUART, WINDHORST & WEST
Village of Edina -3- December 11, 1962
4. By warranty deed, dated May 20, 1913, filed May 28, 1913, and
recorded in Book 742 of Deeds, page 331, all of Lots 11 through 22, Block 2,
"Grand View Heights" were conveyed to Minneapolis, St. Paul, Rochester and
Dubuque Electric Traction Co., a Maine corporation. The deed recites that
the lots "are to be used for Railroad purposes only ". Thereafter the title
to the East 90 feet of Dots ll to 19, inclusive, mid Block 2 was registered
and the court found that the limitation of use imposed by said deed has
been waived and is terminated, nominal and abandoned. However, this adjudi-
cation does not affect the West 10 feet of the East 100 feet of said Lots
11 to 20, over which the above described easement exists. The limitation
imposed by said deed may create only an easement in the railway company or
a conditional fee. If the latter, the conditional fee is now fee simple
absolute by operati.on,of the forty year law; if the former, the use of the
Village of Edina of a portion of said lots for driveway purposes may be con-
sidered an abandonment of the use of the property for railroad purposes and,
therefore, the present owners of the property could recover the property
free of the easement. However, we cannot determine without a court decision
whether or not the above specific language creates an easement or conditional
fee.
5. By deed dated November 24, 1913, filed November 26, 1913, and
recorded in Book 754 of Deeds, page 42, the Minneapolis, St. Paul, Rochester
and Dubuque Electric Traction Co. was conveyed an 80 foot strip of land lying
immediately West of that part of Government Lot 8, described in the caption
of this opinion. This 80 foot strip of land was conveyed to be used for
right of way by the grantee. A portion of the easement above described in
the caption of this ophion exists over said 80 foot strip. The same question
arises here as exists in the conveyance referred to in the immediately pre-
ceding paragraph, and here again, we cannot determine if the language used
in the conveyance created only an easement in the grantee or a conditional
fee. lore, however, if a conditional fee was created, the forty year law
again would change it to a fee simple absolute, and if only an easement was
created, the Village of Edina apparently owns the underlying fee as evidenced
by Guardian's deed dated February 1, 1944, filed March 1, 1944, and recorded
in Book 1586 of Deeds, page 236. The Village of Edina, therefore, appears
to be the only party in interest who could object to the use of the property
for other than right of way purposes.
6. The abstract includes the appointment of Harry Fiterman as
Trustee in Voluntary Dissolution of Cal -Mar Investment Corporation, recorded
in Book 924 of Miscellaneous, page 35. We require that the appointment of
Harry Fiterman as such trustee be registered in the office of the Registrar
of Titles. Further, it will be necessary to complete a proceeding subsequent
to obtain a Court Order directing the Registrar of Titles to accept a deed
from Harry Fiterman as such Trustee to the Village of Edina.
DORSEY, OWEN, MARQUART, WINDHORST 8,. WEST
Village of Edina - 4 - December 11, 1962
7. Taxes for 1961, due and payable in 1962, and for all prior
years are paid as to all but said easement areas, and as to said easement
areas, the property is exempt and taxes due prior to exemption have been
paid.
This opinion is limited to the matters shown by said Registered
Property Abstract and said abstract 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 com-
pleted 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, MARQUART, WINDHORST & WEST
By
omas S . Erickson
TSE:kg
DORSEY, OWEN, MARQUART, WINDHORST & WEST
JAMES E.DORSEY(1889 -1959)
OF COUNSEL
DAVID E.BRONSON
DUANE E.JOSEPH
KENNETH M.OWEN
JOHN W.JONES
DONALD WEST
JAMES B.VESSEY
WALDO F.MAROUART
WILLIAM A.WHITLOCK
JOHN W.WINDHORST
CHARLES O_HOWARD
HENRY HALLADAY
THOMAS M -BROWN
JULE M.HANNAFORD
CORNELIUS D. MAHONEY
ARTHUR S_WHITNEY
THOMAS &ERICKSON
JOHN G.DORSEY
EDWARD J.SCHWARTZBAUER
RUSSELL W.LINDOUIST
MICHAEL E.BRESS
DAVID R.BRINK
PAUL G.ZERBY
HORACE E,HITCH
RAYMOND A.REISTER
VIRGIL H -HILL
JOHN J. TAYLOR
ROBERT V_TAR13OX
BERNARD G.HEINZEN
DEFOREST SPENCER
WILLIAM J. HEMPEL
ROBERT J. JOHNSON
JOHN S.HIBBS
MAYNARD B_HASSELOU,ST DOUGLAS L.WORTHING
PETER DORSEY
THOMAS A,WENTZ
GEORGE P_FLANNERY
ROBERT 0_FLOTTEN
CURTIS LROY
MORTON L.SHAPIRO
ARTHUR E.WEISBERG
Village of Edina
4801 West 50th Street
Edina 24, Minnesota
LAW OFFICES
OF COUNSEL
LEAVITT R.BARKER
LELAND W SCOTT
2400 FIRST NATIONAL BANK BUILDING
HUGH H.SARBER
MINNEAPOLIS 2,MINNESOTA
FEDERAL 2 -3351
November 26, 1962
RE: Lots 2, 3, 4s 51 6, 7, 8, 9 and 10; The East 90 feet of Lots 11
to 19 inclusive, all in Block 2, "Grand View Heights ", accord-
ing to the recorded plat thereof.
That part of Government Lot 8, Section 28, Township 117, Range
21, lyirg North of the center line of Eden Avenue and East of a
line drawn parallel to the main track of the Minneapolis, North-
field and Southern Railway from a point on the North line of
said Government Lot 8, distant 582 feet East from the Northwest
corner of said Government Lot 8, according to the Government
Survey thereof.
Together with an easement for driveway purposes over the West
10 feet of the East 100 feet of Lots 11 to 20, inclusive,
Block 2, "Grand View Heights ", and an easement for driveway
purposes over a strip of land 10 feet in width contiguous to
and adjoining the Westerly boundary of that part of Government
Lot 8 above described.
Gentlemen:
We have examined the title to the above described premises as
shown by a Registered Property Abstract, Certificate of Title No- 338935,
to the property above described, except said easement areas, which Regi-
stered Property Abstract was last certified to November 2, 1962 at 7 :00 a.m.
by Title Insurance Company of Minnesota, and an abstract of title to the
easement areas above described last certified to November 21 1962 at 7:00
a.m. by Title Insurance Company of Minnesota. Based upon such examination,
we are of the opinion that as of November 2, 1962 at 7:00 a.m., the fee
DORSEY, OWEN, MAROUART, WINDHORST a WEST
Village of Edina - 2 - November 26, 1962
title to the property above described, except said easement areas, was
vested in CAL -MAR INVESTMENT CORPORATION, a Minnesota corporation, and
that the fee title to said easement areas above described was vested in
MARION G. DANENS, free and clear of all liens, charges and encumbrances,
except as follows:
1. Subject to the charge, as to the East 90 feet of said Lots
11 to 19 inclusive, and all of said part of Government Lot 8, created by
deed dated May 25, 1953, filed August 31, 1953, and recorded in Book 1970
of Deeds, page 279, which deed also conveyed the easements above described,
was from the Minneapolis, Northfield and Southern Railway, a South Dakota
corporation, and reads as follows:
"By acceptance of this grant, the grantee for itself, its
successors and assigns, covenants with the grantor, its
successors and assigns, to construct promptly upon demand,
at its own sole cost and expense, a sufficient and adequate
retaining wall on the weste* edge of the herein described
premises, to protect grantor's railroad roadbed from widen-
ing or encroaching upon the aforesaid easement for driveway
purposes, and thereafter to maintain, repair and renew the
said retaining wall in perpetuity. This shall be a covenant
running with the land and shall inure to the benefit of the
owner of the railroad right of way adjoining on the West the
herein conveyed land."
2. Subject to the power line easement over and across the North
five feet of said Lot 2 and the North five feet of the East Ninety feet of
said Lot 19, as created by deed of record in Book 2112 of Deeds, page 470.
This deed gave to Northern States Power Company, a Minnesota corporation,
an easement for the construction, operation and maintenance of lines for
transmission of electrical energy, including the necessary poles, wires,
guys, stubs, anchors and other fixtures over and across the portions of
said Lots 2 and 19 above described. It also gave the grantee the right
to trim and cut trees which interfere with the exercise of the rights granted
by the deed, and recites that the grantee shall leave one anchor and one pole
as now located in vacated Hopkins Road, 56 feet, more or less, East of the
Minneapolis, Northfield and Southern Railway right of way. This anchor and
pole is not located in and does not affect the property above described in
the caption of this opinion.
3. Subject to the effect of an ordinance of the Village of Edina
relative to platting and subdividing, a certified copy of which is of record
in Book 641 of Miscellaneous Records, page 45-
DORSEY, OWEN, MARQUART. WINDHORST a WEST
Village of Edina - 3 - November 26, 1962
4. By warranty deed, dated May 20, 1913, filed May 28, 1913, and
recorded in Book 742 of Deeds, page 331, all of Lots 11 through 22, Block 2,
"Grand View Heights" were conveyed to Minneapolis, St. Paul, Rochester and
Dubuque Electric Traction Co., a Maine corporation. The deed recites that
the lots "are to be used for Railroad purposes only ". Thereafter the title
to the East 90 feet of Lots 11 to 19, inclusive, said Block 2 was registered
and the court found that the limitation of use imposed by said deed has
been waived and is terminated, nominal and abandoned. ;H6weverj this
adjudication does not affect the West 10 feet of the East 100 feet of said
Lots 11 to 20, over which the above described easement exists. The limitation
imposed by said deed may create only an easement in the railway company or
a conditional fee. If the latter, the conditional fee is now fee simple
absolute by operation of the forty year law; if the former, the use of the
Village of Edina of a portion of said lots for driveway purposes may be con-
sidered an abandonment of the use of the property for railroad purposes and,
therefore, the present owners of the property could recover the property
free of the easement. However, we cannot determine without a court decision
whether or not the above specific language creates an easement or conditional
fee.
5. By deed dated November 24, 1913, filed November 26, 1913, and
recorded in Book 754 of Deeds, page 42, the Minneapolis, St. Paul, Rochester
and Dubuque Electric Traction Co. was conveyed an 80 foot strip of land lying
immediately West of that part of Government Lot 8, described in the caption
of this opinion. This 80 foot strip of land was conveyed to be used for
right of way by the grantee. A portion of the easement above described in
the caption of this opinion exists over said 80 foot strip. The same question
arises here as exists in the conveyance referred to in the immediately pre-
ceding paragraph, and here again, we cannot determine if the language used
in the conveyance created only an easement in the grantee or a conditional
fee. Here, however, if a conditional fee was created, the forty year law
again would change it to a fee simple absolute, and if only an easement was
created, the Village of Edina apparently owns the underlying fee as evidenced
by Guardian's deed dated February 1, 1944, filed March 1, 1944, and recorded
in Book 1586 of Deeds, page 236. The Village of Edina, therefore, appears
to be the only party in interest who could object to the use of the property
for other than right of way purposes.
6. By warranty deed dated December 1, 1958, filed December 3, 1959,
and recorded in Book 2237 of Deeds, page 279, Marion G. Danens and C. J.
Danens as Trustees to conduct the winding up of the affairs of Bar Z Bar
Equipment Co., a Minnesota corporation, conveyed the above described fee
property and said easement areas to Marion G. Danens. Appointment of said
DORSEY, OWEN. MARQUART, WINDHORST & WEST
Village of Edina - 4 - November 26, 1962
Trustees is recorded in Book 793 of Miscellaneous, page 289, as Document
No. 3896898, but said document is not included in the abstract. We re-
quire that the abstract be made good to show said document and be resub-
mitted for our further examination.
7. The abstract does not include the deed from said Marion G.
Danens to Cal -Max Investment Corporation, a Minnesota corporation, recorded
in Book 2237 of Deeds, page 280, as Document No. 3210152. We require that
said abstract be made good to include said deed and be resubmitted for our
further examination.
8. The abstract does not include the appointment of Harry J.
Fiterman as Trustee in Voluntary Dissolution of Cal -Max investment Corpora-
tion, recorded in Book 924 of Miscellaneous, page 25. We require that
said abstract be made good to include said appointment and be resubmitted
for our further examination. We also require that the appointment of
Harry J. Fiterman as such trustee be registered in the office of the
Registrar of Titles on Certificate of Title No. 338935•
9. By Guardian's deed dated February 1. 1944, filed March 1,
1944, and recorded in Book 1586 of Deeds, page 236, one Harry S. Swensen,
as Guardian of the Estate of Mary Newberg, Insane, conveyed the property
underlying the said 80 foot right of way of the Minneapolis, Northfield,
and Southern Railway and other property to the Village of Edina. The
appointment of said Harry S. Swensen.as Guardian is not shown of record.
We require that letters of guardianship so appointing said guardian be
obtained and recorded, and the abstract be made good to include said
letters and resubmitted for our further examination.
10. The abstract contains no judgment searches against Cal -Mar
Investment Corporation, a Minnesota corporation, nor any searches of any
kind against Harry Fiterman, as Trustee in Voluntary Dissolution of
Cal -Mar Investment Corporation. We require that said abstract be recerti-
fied to include such judgment searches and once recertified, be resub-
mitted to us for our further examination.
11. Taxes for 1961, due and payable in 1962, and for all prior
years are paid as to all but said easement areas, and as to said easement
areas, the property is exempt and taxes due prior to exemption have been
paid.
This opinion is limited to the matters shown by said Registered
Property Abstract and said abstract of title. All matters not so shown
are excepted from this opinion and include (a) rights of any parties in
DORSEY, OWEN, MAROUART, WINDHORST $ WEST
Village of Edina - 5 - November 26, 1962
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.
TSE:kg
Very truly yours,
DORSEY, OWEN, MARQUART, WINDHORST & WEST
By
Is S. Erickson
DORSEY, OWEN, MARQUART, WINDHORST SL WEST
JAMES E.DORSEY(1869 -195%
DAVID E.BRONSON DUANE E.JOSEPH
KENNETH M.OWEN JOHN W.JONES
DONALD WEST JAMES BNESSEY
WALDO F_MAROUART WILLIAM A- WHITLOCK
JOHN W.WINDHORST CHARLES O.HOWARD
HENRY HALLADAY THOMAS M.BROWN
JULE M.HANNAFORD CORNEOUS D- MAHONEY
ARTHUR S.WHITNEY THOMAS S. ERICKSON
JOHN G- DORSEY EDWARD J.SCHWARTZBAUER
RUSSELL W.LINDOUIST MICHAEL E_BRESS
DAVID R.8RINK PAUL G. ZERB'I
HORACE E.HITCH RAYMOND A. REISTER
VIRGIL H_HILL JOHN J- TAYLOR
ROBERT V.TARBOX BERNARD G.HEINZEN
DEFOREST SPENCER WILLIAM J. HEMPEL
ROBERT J. JOH NSON JOHN S -HIBBS
MAYNARD B- HASSELOUIST DOUGLAS L.WORTHING
PETER DORSEY THOMAS A -WENTZ
GEORGE P. FLANNERY ROBERT O.FLOTTEN
CURTIS LROY MORTON L.SHAPIRO
ARTHUR E- WEISBERG
LAW OFFICES
2400 FIRST NATIONAL BANK BUILDING
MINNEAPOLIS 2,MINNESOTA
FEDERAL 2 -3351
November 26, 1962
Mr. Warren Hyde
Village of Edina
4801 West 50th Street
Edina 24, Minnesota
Dear Mr. Hyde:
I enclose herewith the title opinion on the property
being purchased from Cal -Max Investment Corporation. After you
have had an opportunity to review the same, T would appreciate
your telephoning me so that we can discuss the opinion.
Very truly yours,
DORSEY, OWEN, MARQUART, WINDHQRST & WEST
By
Thomas S. Erickson
TSE :kg
Enclosure
OF COUNSEL
LEAVITT R_BARKER
LELAND W_SCOTT
HUGH H.BARSER
z:
ORIGINAL —White
Form 1517 Earnest Money Convect REV. 56 1 DUPLICATE —Green
TRIPLICATE—Yellow Miller Davis Ge Minneapolle
PURCHASE AGREEMENT
Minneapolis; Minn ...... Septtemoblrx ----------- • ---- 3.962-----------
RECEIVED OF ---------------- VJllageL_.of- -Edin& - the sum of ------ •----- T- m_Thons-anil.a3ld._TLO l00-- -'--"--`- - --- -'---"--'-- '.-- '------ ($,ospO0AQ --------- ) DOLLARS
as earnest money and in part payment for the purchase of property at --- E_'Aea_Ay82111Q-- And - ----------------- -......
-- - ---
-- - ...... rookside- Av_enue,._)'+d�rpg- -- �------------------------------------- sitila ed Is the'County of Hennepin' Sate of ll innesota,;and legally descfribed as i dIlows,'to -wits
1
including all st sash, storm doors, detachable vestibules, screens, awnings, window shades, blind induding venetian
blinds), curtain ro traverse rods, drapery rods, lighting fixtures, plumbing fixtures, hot water and heating plant
(with any burners, t stokers and other equipment used in connection therewith) water so ner (if the property of
seller) exterior televisioit, tenna, incinerator, dishwasher and garbage disposal, if any, use and located on said premises
and including also the folio listed personal property:
all of which property the undersigned, gent for the owner, has this d sold to the buyer for the sum of
which the buyer agrees to pay in the following ner:
-- ---------- ----- --- --- - ----) DOLLARS,
Earnest money herein paid $-_ ------ --------------- and $--- - -- -- -- --- ----------- - -, cash, on or before -------- .----------------------------------
Subject to performance by the buyer the seller agrees to execute and deliver a ............. ±.... -... - ...�r_.. -- ....:..._...........Warranty Deed
fte 4E- J0islod- ie-bg,epo�rserif: rye) conveying marketable title to said premises subject only to the following exceptions:
(a) Building and zoning laws, ordinances, State and Federal regulations.
(b) Restrictions relating i use or improvement of premises not subject to unreleased forfeiture.
(c) Reservation of any minerals or mineral rights to the State of Minnesota.
(d) Utility easements.
(e) Rights of tenants -w4oliemsa..(wsleas . apeuiGedf , nES»l jact so.to„a�ae}. above referred to
The buyer shall pay the real estate taxes due in the year 19j63L__ and any unpaid installments of special assessments payable therewith and
thereafter.
The seller further agrees to deliver possession not later than ------ ariab- A,..19.15a... - -.- provided that all the conditions of this
agreement have been complied with. Unless otherwise specified this sale shall be closed on or before 60 days from the date hereof.
In the event this property is destroyed or substantially damaged by fire or any other cause before the closing date, this agreement
shall become null and void, at the purchaser's option, and all monies paid hereunder shall be refunded to him.
The buyer and seller also mutually agree that pro rata adjustments of rents, intere t insurance and city water (and in the case of
income property current operating expenses) shall be made as of -------------- M +{,h- 3, 9j
/ -- 9' 11---------------------------•-------`----------•----------------------
The seller shall, within a reasonable time after approval of this agreement, furnish an abstract of title certified to date (or a Certificate
Of Tide and Registered Property Abstract) both also to include proper searches covering bankruptcies, and State and Federal judgments
and liens. The buyer shall be allowed 10 days after receipt thereof for examination of said title and the making of any objections thereto,
said objections to be made in writing or deemed to be waived. If any objections are so made the seller shall be allowed 120 days to make
such title marketable. Pending correction of title the payments hereunder required shall be postponed, but upon correction of title and
t,�„ _within. l0 days after written notice, the buyer shall perform this agreement according to its terms.
11115 f said title is not marketable and is not made so within 120 daps from the date of written objections thereto as above p videdparl Of
this a Bement shall be void, and neither principal shall be liable for damages hereunder to the other principal and all money the ofore this
1f1StfUfilp' y the buyer shall be refunded; but if the trtle to said property be found marketable, or be so made within said time, and sai
s default in any of the agreements and continue in default for a period of 10 days, then and in that case the seller may terminal s ruMerq
contract, and on such termination all the payments made upon this contract
all be retained by said seller and said agent, as their resp
five interests may appear, as liquidated damages, time being of the essence hereof; but this provision shall not deprive either part y of the
right of enforcing the specifc performance of this contract provided such contract shall not be terminated as aforesaid, and provided action
to enforce such specific performance shall be commenced within six months after such right of action shall arise.
It is unde ;stood and agreed that this sale is made subject to the approval by the owner of said premises, in writing which approval
agent has .___._10 ------------- days to obtain, and that the undersigned agent is in no manner liable or responsible on account of this agree-
ment, except to return or account for the earnest money paid under this contract
The delivery of all papers and monies shall be. made at
the office of...H.ar. ...FUQ - - - - - --
n4o Rand Tower
Minneapolis 2, Minn.
WO A, the undersigned, owner of the above land, do hereby
ratify the above agreement and the sale thereby made.
Cal -Mar Investment Corporation
- -
-------------------------------------- ._._... -------------------- -
Seller
....... B
Y ........................................
Secretary & 'Mauidatintr TrnAia ----------
Peterson--&-- AssoD iaieB,...Ine..- .-------- - - - - --
Agent
We " hereby agree to purchase the said property for the price
and upon the terms above mentioned, and subject to all con-
ditions herein expressed.
Pillage of Edina
------------------------------- ------ - - - - - - -- -- --- - - - - -- - - - - - -- - - - -- --------------- - - --
Buyer
vYei
Lots 2, 3o 4, 5, 61 70 .8s 9 and 10;
The :fast 90 feet of -, Letts , 11.tq 19 ; inclusive -
all in rock 2, "Grand View Heights ",; according to the
That part of Gavernmexat Lot 8, Section 28, Towns
North of the center line of Eden Avenue and East of a
the main track of the Tl.nneapol i.s, Northfield and Sou
on the North lane of said Government Lot 8 distant 58
corner of said Government Lot 8, according to the Gov
recorded plat thereof.
.p 117.9 Range 21, leg
im drawn para].1el to
tern Railway from a point
feet East from the Northwest
nment Survey thereof.
Subject to the effect of are Ordinance of the Village of Edina relative to
platting and subdividing, a certified copy of which is of record in Book &a
of Miscellaneous Records,, page 45. Also
Subject to the charge,, as to the East 90 feet cf said Lots 21 to 19 inclusive.,
and all of said part of Government Lot 8, created by the terms of the deed recorded
in Book 1970 of Leeds page 279. Also
Subject to the p(*mr line easement and incidental xights connected therewith,
as to the North 5 feet of said Lot 2 and the North 5 f et of the East 90 feet of
said Lou 19, created by the deed of record in Bonk 21i of Deeds, page 470,
all of iAhich property the undersigned,, as agent f r the miner., has this day
sold to the buyer for the sum of -
- - - - (210.000.10 D
which the buyer agrees to pay in the following manners
Earnest money herein paid $10,000.00 and v 10000 0.00, cash,, on or before November
1, 1962.
As a further consdderation of this agreement the buyer herety con.sento to
sublease, rent free, to Roy L. Lindgren, Sr. the resid nce,, garage, and lot he
now occupies at 5136 Arcadia, for a period of five (5) years beginning November
1, 1962 through October 31s 1967 (this property is inc uded in the above legal,
description) . However., in the event of the death of R y L. Undgren, Sr., before
the expiration of said five (5) years leased period the buyer reserves the right
to terminate the Lease Agreement s§ (6) months after to of death, or expiration
of date of lease, whichever is earlier.
It is further understood and agreed that the seller will gLve due notice, to
my -ners occupying the cement mining plant on the premises above described, to vacate
same and remove all structures relating to the operation of the cement and xizg plant,
on or before March 1, 1963.
It is further understood and agreed that the s to have use and aceu
This
the existing frame building situated near the railroa traeks on November
Ruler 1s a
Contract
PURCHASE AGREEMENT
Minneapolis; Minn.,._
RECEIVED OF ---------------- VA33ALg*-0f- _ i= - the sum of- - --- --
as earnest money and in part payment for the purchase of property at___ Fdqn. A e- _and__..____
- -- --- -- - --' ' -- ---- - - --- ' -- ----. y...eva.wwwaxa__ _ __p- ---- -go-,.e _ # -----------------------------------------
? situated in the County of Hennepin, State of Nl nnesota, and legally described as follows, to -wit:
including all st sash, storm doors, detachable vestibules, screens, awnings, window shades, bli (inclur
blinds), certain ro traverse rods, drapery rods, lighting fixtures, plumbing fixtures, hot ware nks and ]
(with any burners, t stokers and other equipment used in connection therewith) water tener (if the
seller), exterior television tenna incinerator, dishwasher and garbage disposal, if any, u and located on
and including also the follo . listed personal property:
all of which property the undersigned, a'l,,rt for the owner, has tlu "s sold to the buyer for the sum
- - - - - - -- --- � � 16
- - - - --
which the buyer agrees to pay in the following ner:
Earnest money herein paid $-- ---- ------- -- -- -- - - -- and $___- - - - - -- -- _._..._:.- cash, on or
/ A 4
venetian
'perry of
premises
Subject to performance by the buyer the seller agrees to execute and deliver a. .................. t._1'__!`.. �!._*! !! +• «r ----------- W anty Deed
tro t1r'J 4n" �pbme; —unr) conveying marketable title to said premises subject only to the following exceptions:
(a) Building and zoning laws, ordinances, State and Federal regulations.
(b) Restrictions relating to use or improvement of premises not subject to unreleased forfeiture.
(c) Reservation of any minerals or mineral rights to the State of Minnesota.
(d) Utility easements.
(e) Rights of tenants 1P - - Keetaseieso. above refe and to
The buyer shall pay the real estate taxes due in the year 19�_ and any unpaid installments of special assessments payable tho Tewith and
thereafter.
The seller further agrees to deliver possession not later than_.....marldl_4,296, _ - - - -- provided that all the conditi ns of this
agreement have been complied with. Unless otherwise specified this sale shall be closed on or before 60 days from the date hereof.
In the event this property is destroyed or substantially damaged by fire or any other cause before the closing date, this agreement
shall become null and void, at the purchasers option, and all monies paid hereunder shall be refunded to him.
The buyer and seller also mutually agree that pro rata adjustin is of tenjs, i ere insurance and city, water (and in the case of
income property current operating expenses) shall be made as of._._.-. _...- .Pic3iY�1_,i,.�ITRS....._.
The seller shall, within a reasonable time after approval of this agreement, furnish an abstract of title certified to date (or Certificate
of Title and Registered Property Abstract) both also to include proper searches covering bankruptcies, and State and Federal judgments
and liens. The buyer shall be allowed 10 days after receipt thereof for examination of said title and the making of any objecti ns thereto,
said objections to be made in writing or deemed to be waived. If any objections are so made the seller shall be allowed 120 d s to make
such title marketable. Pending correction of title the payments hereunder required shall be postponed, but upon correction o title and
within. 10 days after written notice, the buyer shall perform this agreement according to its terms.
N° If said title is not marketable and is not made so within 120 days from the date of written objections thereto as abo provisl31
'llll�fh�i�s, �a� ment shall be void, and neither principal shall be liable for damages hereunder to the other principal and all money eretof4fd;
jllStfUt'a °y the buyer shall be refunded; but if the title to said property be found marketable, or be so made within said time, and
��yy
shall efault in any of the agreements and continue in default for a period of 10 days, then and in that case the seller may to r tee flu
act, and on such termination all the payments made upon this contract shall be retained by said seller and said agent, as eir
tive interests may appear, as liquidated damages, time being of the essence hereof; but this provision shall not deprive either arty
tu of e
right of enforcing the specific performance of this contract provided such contract shall not be terminated as aforesaid, and provided action
to enforce such specific performance shall be commenced within six months after such right of action shall arise.
It is understood and agreed that this sale is made subject to the approval by the owner of said premises, in writing whi approval
agent has ..------- ............_._.days to obtain, and that the undersigned agent is in no manner liable or responsible on account of ' agree-
ment, except to return or account for the earnest money paid under this contract.
The delivery of all papers and monies shall be made at ---- ----------- -------- -- -- ---- ---------------
the office of_ -RarX7 fi - Pe@2`BOTl-- be- -1U369 $tQE3s '
ft,,, ,, ,.,,'�q- - Iy ---- ---- °---- ----- --- --------- - -- ° -- By ------------------------------------ 2, Kim. Agent ___ -- -- ----- ---- -- - -----
�18 T, the undersigned, owner of the above land, do hereby W8.*-&hereby agree to purchase the said property for the price
ratify the above agreement and the sale thereby made. and upon the terms above mentioned, and subject in all con-
. ditions herein expressed.
Cal—Mr rJ;7V'88'�in=t Corpora�"+�.t'7S3 `iD of Edits
Seller _ _ ________ ____ __________ ______ --------- - --------------------------------------------
___________________________ ___ __ __________ ___ ______ ______
.. ___--_ ...... ...... .................... ..... .. .
.__..- ......seofttEiSy' �.a �`�R �^ _ � ......... Buyer ________ ____________------------ - ________... ---
of
i
Lots 2, 30 4s 5,t 6s 7, 8, 5 and 10
The East 90 feet of Lots 31 to 19 inclusivel
€ U in Hock 2„ "bra Vier lei tsre r acoordiog to the recorded plat thereof.
lit 't of ca r t ' `9 2 , Te hip 117, e 21P =�
1 »orth of the meter lim e, Bdmi Avenue mid List of a lim drawn para el to
Uie Ctu`: track of the ?tnnoapollss NmVifteld and Southern Raibray from a pant
on the llc rth line QZ said Gavernnomt Lot 8 d scant 582 feet E' svt Rrw. the Northwest
corner & said 'dive t lot 8,, aE cord nc to the Gavern Survey thereof.
Subject to tine of-feet of an C dizmco of the VWaW of {�`dina relative to
p att ;; and subdividing;, a cerictfied cogy of o .ch is of record In Bock 641
of 11iscallaneow Records, pace 45. Also
Subject to the charge,, as to Uie Bast 90 feet ct said hots 11 to 19 Inclusive,
and all of staid art of Governwnt Lot 8, cheated by the torms of the deed recorded
in Book 1970 of Deeds page 27'9. Also
rdbJect to the wear line easement =1 incident4l eights connected therewith,
as to the North 5 feet of said Lot 2 and; the North 5 feet of the East 90 feet of
said Lot 19, meted byr tie dead of record in Book 22 of Deets, pace 470,
all of Mr -itch property the unidor.-Agped.. as arvzrt for the atz aery has this day
sold to the Wyer for the sum of -
�. Qae amdred Ton Th us d. and
welch the buyer agrees, to pay in the follvAxig manner:
EArnest mney herein paid 10 ,00 and, s�. ,���. , cash,. on or before November
1$ 1962.
As a f wthmr cone 1eration of this ag�emit the bVer har+olF ocnomits to
aublease, rent Free, to Roy T,,, UrAgrens Sr the residmoo, Cara e,, and lot lie
ncw oectiolzo at 5136 Arcaaa, for a rind of five (5) years beg.nrd November
1962 'through October 310 196' (thi:s Vwoperty io included, in the above legal
daser# to n) . I'lmr, r, in t1-o evaA of they death of Roy L, Line1gron,,, Sr. P before
the expiration of said 911ve 5) leaso period the btWer reserves the might
to to to the :mss Agreemnt s (6) months after data of death, cc expiration
of date of lease,, w1de hover is earlier.
It is further Understood and agreed that the seller will C; v€e due not oe, to
o rs occupy the Omment mixing plant on the prodses above described, to vacate
same and rmv— ve all structove relating to the operation off' ten t m� ntF
rig cix° before T��h �., 93m
� It is further understood and agreed thA the bayer is to have use = oc AW
Uha erdisting fry b lldjr g eituated near the raided tracks on Bon ,? s
Rider is a
°�° . °k 35+352
'•
DISTRICT COURT N45 „545 & 14528
Village of Edina
(/mIte
IMPORTANT
In dealing with the land
described in this certificate, the
names of the parties and descrip-
tion of property should be ex-
actly the same as written herein.
r f�
& Sec 28- 117 -21
I
I
i ATTENTION
i
DELAY and EXPENSE
will be caused by the loss of this
certificate.
ew.
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y
Cp
2 '1
ti
2
ti
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V
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of
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RT -1
545 & 14528
y registered the 15th day
1929 & the 3rd day of October A.D. 1961 Volumes 144 & 1110
Pages 46211 & 335699
STME 0FMUNE SOT►, REGISTRATION
COUTYaFHEN11iEPIl1T. S.S. a-
,� Village of Edina a Minnesota municipal corporation, having its principal
4"Jexw
place of business at 4801 W. 50th St. in the Village of Edina, County of Hennepin and State of Minnesota
Lots 2, 3, 4, 5, 6, 7, 8, 9 and 10;
The East 90 feet of Lots 11 to 19 inclusive;
all in Block 2, "Grand View Heights ", according to the recorded plat thereof.
That part of Government Lot 8, Section 28, Township 117, Range 21x.,`lya:w�th of the center line of Eden Avenue and East of
a line drawn parallel to the main track of the Minneapolis, Ngtrt�1 ;$oE1at1�r- Railway from a point on the North line of said
Government Lot 8 distant 582 feet East from..the, -Nara. co o sal o r� am n .Lot 8, according to the Government Survey thereof.
V-'
Subject to the effect of an 0r6 i� e off` tli�*: V!Ilage of Edina reJ,ative to platting and subdividing, a certified copy of which is
;
of record in Book 641 of Miseellaneou ;.:: Records, page 45 .Also
Subject to the charge, as to the East 90-;.--:.f it el op. sa�t� ��s l� t� Z9.. .inclusive, and all of said part of Government Lot 8, created
by the terms of the deed recorded in Book 1970 Of DedS ,pag7y =psis
Subject to the power line easement and xYcrital rights connected therewith as to the North 5 feet of said Lot 2 and the North
5 feet of the East 90 feet of said Lot 19, created by the deed of record in Book 2112 of Deeds, page 470, Also
'11 '
/ f
i
OF ESTATES. EASEMENTS OR
DOCUMENT KIND OF
NUMBER INSTRUMENT
s
•/, UHa�O'-I JLI���• G// YI' G� /l9,Cl/!?7,r��Q/I�iA/.i.P.CI /- ll7.r�A &W
Twenty - seventh December /%Y 62
Ben K. Allison
/ !
/ , r
MIEM03M&C
G'HARGES OIVTHELANDDESCRIBED IN THE CERTIFICATE OF TITLE HERETO ATTACHED.
DATE OF REGISTRATION
w u I AMOUNT
MOIVTM JDAY1 YEAR IIMOHTH,DAYIYEAR
21
:40
RUNNING IN FAVOR OF'
State of Minnesota. Granting th,
right to construct slopes, which
over pt of above land. (See Inst)
S16NATURE OF REGISTRAR
Ben K. Allison
� �P /��J✓I� /.� /. / y� f'�ra r�✓ f��.. ` N �� ,fir' � �.e✓r� , �•y
q
j
Sri+' �:, r` + /' ,q" ,, _ r r -•
r ,
d
v7�F
MS p *�
13
Warranty Deed.
Individual to Corporation.
Form No.3—M. Miller-Davis Co., Minneapolis, Minn.
Minnesota Uniform Conveyancing Blanks (1931).
Tbt� 3inbenture, Made this .............r . ............... ............day of.............IW Abe ".............................. 19...x..,
between .............. ..,... Alti.." iB1;!.. S1i... �i� .4r►!`gt..2lail..Di'..Cali!•• ®6
cm" astsaa, a H to r=V=*'U ees
ofthe County of ................... ftmlpin ........................................... and State of ............... e ..... ........................................... .I
part...,....... of the first part, and ........................TTU t .... .. AlM ........................................................................... ...............................
aan ..................................................................................................................................................................................................... ...............................
q, corporation under the laws of the State of ................ HUMNI OU.......... ............................... party of the second part,
WitneOetb, That the said part.,y....... of the first part, in consideration of the sum of
................... 1�e... it3ar... {,1..auk...s...c3.rar.. God ..as�d..traluataer..teora,. ......
�.. ,._.
to ........ law ............. .............................in hand paid by the said party of the second part, the receipt whereof is hereby
acknowledged, do............ hereby Grant, Bargain, Sell, and Convey unto the said party of the second part,
its successors and assigns, Forever, all the tract...... or parcel...... of land lying and being in the County
of......J *W- FPiA ....................... ............................and State of Minnesota, described as follows, to -wit:
iats 20 30 419 ')s t %s j a s j and. 10; t 9 R"t A feet, of LA" U to 19 in-
clualve, &U in Almk 2, tbrauid View He#�ets ", ace to #ale socafta
�:Sat tit.
'k :t1 t f w!Ar t of Cry +nMl c3 ant Late 6 o "Vetion 2j, whip 11 , PbWV 21, 1.YUK
ifart:l of the pier line of Men value and Hsot of a IU* dswu paxall ei
n the min track or Vie ftnnm spot j, it'e'WieU w* 1 outbw= Hallway f�
a POLVt on the North Une Of "" 00~0eeaeet<^t Lat 8, diets" 58Q !Meet Rest
from the NorUnest car of said oovemient Lot :3, *=wtjft to the a*,,=*-
Mont survey tbex*Of .
''Pc�,-�+ette°r with an esaame nt, for driveway 3aurpos" over to* Wet 10 fort at U*
rAwt 1OL' of %cats 11 to 20, inclusive, Block 2, " View Heei&ts ", and
nn easeneat for driveem.-y p4'posez o ,.er a strip of l owd 10 Beet in vlAth tlg-
uous to aasd "Joining the Vetterly ba~:zAary of Uat Aft of e3owernwut Lab �
above daeseribed
ubject to at+eelestrieti ms, reservations and n of mod, if say.
To Jbabe anb to 3bolb the Oame, Together with all the hereditaments and appurtenances
thereunto belonging, or in anywise appertaining, to the said party of the second part, its successors and
f i#asr a. ...:as `held!.. n.. Vol,4�:.. iii �rht�. s�a...r� .............
assc_csns Forever: fled the said....g�... �.......
-War Invest.' ..�% '.......................... ............ ...............................
...................................................................... ...............................
part.......... of the first part, for .......... 4 W a... ... .........................heirs, executors and administrators, doAA....
covenant with, the said party of the second part, its successors and assigns, that ........ �w U ...........................well
seized in fee of the lands and premises aforesaid, and here.......... good right to sell and convey the same in
manner and form aforesaid, and that the same are free from all incumbrances,*MMYL as a •
.find the above bargained and granted lands and nrern.ises, i,n_the quiet and peaceable possession of the
said party of the second part, its successors and assigns, against all,persons lawfully claiming or to claim
the whole or any part thereof, subject to incumbrances, if any, hereinbefore mentioned, the said part..Y.......
of the first part will Warrant and Defend.
i stn Tegtimonp Nbereof, The said part..r7.. ... ... of the first part ha..e....... hereunto set....... .............
hand...... the day and year first above written.
In Presence of .�`1..........,• x eee tteMel...3.5 .. ...........................
i33 sacax�ct +s a of . -Mar Zenveestme" oeneritlte
............... ..........................................................................................................
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Warranty Deed. Form No-3-M. Miller-Davis Co., Minneapolis, Minn.
. .
Individual to Corporation. Minnesota Uniform Conveyancing Blanks (1931).
� i� ti�►eu�Ure .Made this .................. ...............da o ............................. I9....
y f ..................
between ............. .....:. s. ... ... ft -O ...U..Y"!AAAWY... ..Ar..G#la.44W ... ZAV."towt
Corpomtion, a M3nnesote carporatics
of the County of... ................. UPp0. .......................................... and State of................ Q! t
................. .................... .............
y..part... y...... of the first part, and ....................... .'. 1...4 V.. ........................................... ........... _ ........ ............ .............................
MA1011P. . ....... .................. .......................................................................................................................... .................................... .... ........................................ I
corporation under the laws of the State of ................. MO M& A' G01........................................ party of the second part,
Wlt?Ye00b, That the said part..y....... of the first part, in consideration of the sum of
.................... t...Dcllaar..... God...alnd ... V114 a t ...Cs. ti+on:.......- .... -., . .
to ......... hiA ............ .............................in hand paid by the said party of the second part, the receipt whereof is hereby
acknowledged, do............ hereby Grant, Bargain, Sell, and Convey unto the said party of the second part,
its successors and assigns, Forever, all the tract...... or parcel...... of land lying and being in the County
Of ......., jftam. in ....................... ............................and State of Minnesota, described as follows, to -wit:
Lots 2, 3, 4, 5, 6, 'i, 3, > and 10; the Bast )U feet of Lots 11 to 19 in-
clusive, all in Block 2, "Grand View Heights ", according to the recm%W
plat thereof.
That rALrt of Go.ernaent wt 6, ".ection 2 3, ToylssUp 11 , Rangv 21, lying
Borth of the center Line of Eden Roams and East of a line drawn parallel
to the Il>elin track of the Minneapolis Northfield and ',IoiAthern Railvaay from
a point on the berth line of said Go,-zrivaent Lilt 6, distant 582 feet F.Ast
from the Northwest corner of said Government Lot 8, according to the Govern -
ment survey thereof.
Together with an eatiement for driveaa� purposes over the Test 10 feet of the
East 1W feet of Lots 11 to 20, inclusive, Block 2, 'Grand Viev Heights ", and
an easement for drivevay purposes aver a strip of land 10 feet in width contig-
uous to and adjoining the Wea;terly boundary of that jArt of Government Lot 8
above described.
' ubject to restrictions, reservations and easements of record, if any.
To Jbabe aub to J001b the *ate, Together with all the heredttaments and appurtenances
thereunto bdongling, or in anywise appertaining, to the said party of the second part, its successors and
assigns, Forever. find the said.....��a ._ .... ....` cup .. in ...Vol'unt m— Y...D ..R:r............
Cal-Now. Inv�e � t dent...Cprpoxat o a ............................... ... .............. ........... ........................ ................. .................................. ..............
part... Y...... of the first part, for ........ ...4 4 ...h ... .........................heirs, executors and administrators, do..46...
covenant with the. said party of the second part, its successors and assigns, that ......... be..... U ..........................well
seized in fee of the lands and premises aforesaid, and has......... good right to sell and convey the same in
manner and form aforesaid,, and that the same are free from all incumbrances, exCept 68 above noted.
.Find the above bargained and granted lands and nreinises, i.n,the quiet and peaceable possession of the
said party of the second part; its successors and assigns, against all persons lawfully claiming or to claim
the whole or any part thereof, subject to incumbrances, if any, hereinbefore mentioned, the said part..y.......
of the first part will Warrant and Defend.
31H VOOMOUP Wbered, The said part..Y....... of the first part ha ... $...... hereunto set........ ............
hand...... the day and year first above written.
In Presence of ......// ........................ ..... /.. . �'. Yl..,� ..............................
�Haa ry Fite , as Trustee in Vo antary
Dissolution of Cal -Mats investment Corpoxatiom
........................................................................................... ...............................
I
I
.a'.. - ...�'.!....��. ?..�..n.......
.............. ................................... ...................................................... ...................
i
Otate of Ainneg;ota, ss.
' County of ..... ...............................
I On this ....................... 0 / A ............................... 1962...... before me
, .... ......................... da o
a ....................... .Public ..................................................... within and for said County, personally appeared
... 1...... ., ... as ... Tr.us#M..e ...in..1f6�1u?��rp+� .. �4�'Ft�ixti�A�...fi„i'...M"!niw. ..............................
.... .......I ....................... .fit...cmri dt c .................................................................................................................... ...............................
to me known to be the person ...... ... described in, and who executed the foregoing instrument,
............................................................................................... ............................... ... and acknowledged that ......he...... executed
.....................
(See Note)
thesame as............ hU. .... ............................... free act and deed......................................................... ...............................
f (See Note)
TIMMAS S. ERICKSON
''tats= ^•.i'ie FIe Cca
My Commission Expizes July 5: 19665.
Notary Public ........................... ............ ........................County, Minn.
My commission expires- .............................. ............................... 19............
NOTE: The blank lines marked "See Note" are for use when the instrument is executed by an attorney in fact.
9
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Form 25058
(11 -67),
STA'T'E OF MINNESOTA
DEPARTMENT OF HIGHWAYS
SLOPE EASEMENT
S.P.„ '
S.E. Parcel 39
SeWaspft County
Grantor, for and in consideration of the covenants hereinafter contained
lu s� �J receipt of which
and the sum of CNr f. Ng���) �ollars (� �� p
is hereby acknowledged, hereby grant A to t e State of Minnesota, the right
to construct a slope on all that part of the following described property in
County, Minnesota, as a part of the general
plan of improvement and protection of Trunk Highway No. Vii:
The right to construct slopes on and remove materials from all that part of the two
following described tracts, which right shall cease on December 1, 1972, or on such
earlier date upon which the Commissioner of Highways determines by formal order that
it is no longer needed for highway purposes:
1. Lots 2, 3, 4, 5, 6, 7, 81 9 and 10, of Block 2, Grandview
Heights, according to the duly recorded plat thereof situate
in Hennepin County, Minnesota, the title thereto being registered
and evidenced by Certificate of Title No. 354352;
2. That part of Government Lot 8 of section 28, township 117 north,
range 21 west lying north of the center line of Eden Avenue and
east of a line drawn parallel to the main trunk of the Minneapolis,
Northfield and Southern Railway from a point on the north line of
said Government Lot 8 a distance of 528 feet east from the
northwest corner of said Government Lot 8, the title thereto being
registered and evidenced by Certificate of Title No. 354352;
which lies easterly of a line run parallel with and distant 30 feet westerly of the
following described line:
- From a point on the east and west quarter line of said section 28
distant 201.86 feet west of the east quarter corner thereof, run
southwesterly at an angle of 96 °39'13" with said east and west
quarter line for 618.38 feet; thence deflect to the left at an
angle of 13058'55" for 468.97 feet; thence deflect to the right
at an angle of 61 023145" for 270.49 feet; thence deflect to the
right on an 8 100' curve (delta angle 12 039'05 ") for 158.14 feet;.
thence on tangent to said curve for 101.83 feet to the point of
beginning of the line to be described; thence deflect to the right
at an angle of 113 °501 for 600 feet and there terminating;
together with a strip being; all that part of the first above described tract adjoining
and westerly of the above described strip, which lies easterly of the following described
line: Beginning at the point of intersection of the south line of said Lot 6 with the
westerly boundary of the above described strip; thence run northwesterly to the point of
intersection of the south line of said Lot 4 with a line run parallel with and distant
60 feet west of the above described line; thence run northerly parallel with the above
described line to the north line of said Lot 4; thence run northeasterly to the point of
intersection of the north line of said Lot 2 with a line run parallel with and distant
45 feet west of the above described line and there terminating.
Form 25058
Ui -67 ), .. ..
Grantor_, for successors and
assigns, do hereby release the State of Minnesota, its successors
+
and assigns, from all claims for any and all damages resulting to the above
described tract by reason of the extinguishment of said easement or right of
access.
Dated 196
IN PRESENCE OF: = Z//,
0
ira NOW r44
STATE OF MINNESOTA )
)ss.
COUNTY OF )
On , 19 , before me personally appeared
to me known to be the person_ described in and who executed the foregoing in-
strument, and being duly sworn acknowledged that executed the
same as free act and deed.
STATE OF MINNESOTA )
)ss.
COUNTY OF )
On 1 19 , before me personally appeared
to me known to be the person_ described in and who executed the foregoing in-
strument, and being duly sworn acknowledged that executed -the
same as free act and deed.
STATE OF MINNESOTA )
)ss.
COUNTY OF )
On -7 19_!�Y, before me personally apeared
A. 114 and kto zectiv e p ersonally wn who e'n ach b me duly sworndd say tht y ae
,e el y the and the - of the
which has ex ute the foregoin6 in the seal affixed
to said instrument is the corporate seal of sai , that said instru-
sealed in behjTf of said on �insrumen hority of its
�nd said
- - / and
now1.P saito be the free
ac and deed of saidt
S0103 u0'sSiazcu00 APO
611131W fj�unoo uidauuaH 'Oiignd AA94014
NOSNVMS 'd 1NIIN
KENT P. SWANSON
Notary Public, Hennepin County, Ming.
My commission Expires 3 - 2 - 7 ri
April 9, 1969 ,
Mr. W. F. Gillquist.
Departwnt of fliglWays, Rom 404
sit. Paul, Minnenota 55101.
mar Mr. Giliquist: Re: 81' 2.733 (100-1.30)903,
kinclosed is an original and two copies of the slope easement granted
by tfz� Villagc of Edina to the state of Minnesota'as a part of the geno
eral plan of irtip-ravernent of T.H. 100 an parcel 38.
Yours very truly,
Village Clerk
fbh
enclosures
NO.. ....... ------- ......... 61 /711�j ....... —DEPARTMENT
..............
STATE OF MINNESOTA
. ............ Minn., --------- ----
4-� j /J lg-,--../
........ .. ... -------- -- ---- -----
RECEIVED 0 ........... ..........
...............
---------------- ...... ......
------------------------------ Z .... ..... .. L� ....... ------ -
Lodging from ...to 19 $ .... per day $
-----------
R. R. or bus fare fro ......... ------ ...... —1 ---------------- -----------------------
Livery from ...... ..... to . ..... ---------- ------------- ...... — ------------- M S 1 $
- ------
Miscellaneous ...... ------ ...'.......... ...................
.. ............
........... ------ -------------------
MSA 26 2
The following matters are covered in this
Abstract:
INFORMATION CONTAINED IN THE CURRENT CER-
TIFICATE OF TITLE and instruments subsequently
filed in the office of Registrar of Titles.
GENERAL TAXES. (Search for special assessments
is made only where specifically ordered).
BANKRUPTCY SEARCH in U. S. District Court, Dis-
trict of Minnesota, 4th Division, against all regi-
stered owners for the past ten years.
FEDERAL TAX LIENS docketed in U. S. District
Court, District of Minnesota, Third Division against
all registered owners since March 10, 1955, and
those filed in the office of Register of Deeds,
Hennepin County, Minnesota, against all regi-
stered owners for the past ten years.
HENNEPIN COUNTY PROBATE MATTERS which
might indicate death or any disability of the regi-
stered owner since the date of the current Certi-
ficate of Title.
EASEMENTS, if any, shown on the recorded or
registered plat.
96-9
Registered Propert`
(TORRENS TITLE)
Abstract
COVERING
Certificate No. 338935
COMPLETE TITLE SERVICE
TITLE INSURANCE
Deliver to
ESCROW SERVICE
ABSTRACTS OF TITLE
= ,s_^pir,niapn
SEARCHES FOR TAXES,
JUDGMENTS IN STATE
AND FEDERAL COURTS,
BANKRUPTCY PROCEEDINGS
SPECIAL ASSESSMENT SEARCHES
T1'mv INSUmAmOE ComPimy
CHATTEL MORTGAGE ABSTRACTS
OF MI1l1174ESO'IA
FEDERAL TAX LIEN SEARCHES IN
I
FEDERAL COURT, THIRD DIVISION
TITLE INSURANCE BUILDING
j
MINNEAPOLIS [,MINNESOTA
RECORDING SERVICE
( REGISTERED PROPERTY ABSTRACTS
FEderal8 -8733
I
69
ORDER NO. 719580
REGISTERED PROPERTY ABSTRACT
This abstract covers Certificate of Title 1Vq.1 S�ti`��5 dated llecember (originally
registered October 1T 1929 �), registered in Vol. 1120 page 33 935 in the office of the Reg-
istrar of Titles of Hennepin. County, Minnesota.
October 3, 1961
The TITLE INSURANCE COMPANY OF MINNESOTA does hereby certify:
That the property described in the Certificate of Title appears therein as follows:
Lots 2,3,4,5,6,7,8,9 and 10; The East 90 feet of Lots 11 to 19 inclusive;
all in Block 2, "Grand View Heights ", according to the recorded plat
thereof.
That part of Government Lot 8, Section 28, Township 117, Range 21, lying
North of the center line of Eden Avenue and East of a line drawn parallel
to the main track of the Minneapolis, Northfield and Southern Railway
from a point on the North line of said Government Lot 8 distant 582 feet
East from the Northwest corner of said Government Lot 8, according to the
Government Survey thereof.
That according to said Certificate, the property is registered in the following names:
Cal -Mar Investment Corporation, a Minnesota Corporation,
WbQzxwuz aa.7=Azit a # ®�x�x�x�x�3c6xbw, %gezx$fX,Zxyx�x ZaP MAx 7.X 7X74 7x 7.x 7.X 7x ,xgNg*A
tax 7Asd`zxzMffdWCMKd k3X
That recitals appear therein as follows:
'/Subject to the effect of an Ordinance of the Village of Edina relative to
platting and subdividing a certified copy of which is of record in Book 641
of Miscellaneous.Records, page 45. (See Exhibit "All hereto attached.)
Subject to the charge, as to the East 90 feet of said Lots 11 to 19 inclusive,
and all of said part of Government Lot 8, created by the terms of the deed re-
corded in Book 1970 of Deeds page 279. (Book 1970,of Deeds, page 279, From:
Minneapolis, Northfield and Southern Railway, South Dakota Corporation, Dated:
May 25, 1953, Filed: August 31, 1953. Restriction recites as follows:
(Continued on page 2 of this Abstract.)
Page 1 of __page Certificate.
Continued from page 1 of this Abstract.
An easement for driveway purposes upon and over the West 10 feet of the
Last 100 feet of Lots numbered 11 to 20 inclusive, Block 2, Grand View
Heights, said county and state; and a strip of land 10 feet in width
contiguous to and adjoining the Westerly boundary of the above described
ttxact of land in said Government Lot 8.
/ By acceptance of this grant, the grantee for itself, its successors and
/ assigns covenants with the grantor, its successors and assigns, to construct
promptly upon demand, at its own sole cost and expense, a sufficient and
adequate retaining wall on the westerly edge of the herein described prem-
j ises, to protect grantor's railroad roadbed from widening or encroaching
upon the aforesaid easement for driveway purposes, and thereafter to main -
tain,repair and renew the said retaining wall in perpetuity. This shall
I be a covenant running with the land and shall inure to the benefit of the
owner of the railroad right of way adjoining on the West the herein con -
�f veyed land.
Subject to the power line easement and incidental rights connected there-
with,, as to the North 5 feet of said Lot 2 and the North 5 feet of the
East 90 feet of said Lot 19, created by the deed of record in Book 2112 of
Deeds, page 470.
Page 2 of 5 page Certificate.
ss
That the unreleased encumbrances, liens and interest noted by the memorials underwritten or endorsed thereon appear
as follows:
None
k
That no probate, guardianship, or incompetency proceedings appear in the office of the Clerk of the Probate Court, Hen-
nepin County, Minnesota, as to the registered owner or any parties joining with the registered owner in the mortgage
or mortgages shown above since the date of said Certificate of Title.
Page 3 of---5--page Certificate
That where the premises in question are platted, the recorded or registered plat thereof shows no easements within,the
boundaries of said premises for utility, drainage or other purposes .
That according to the General Tax Books of said County, there are no unpaid real estate taxes and no Tax Sales which
appear unredeemed, unmerged or uncancelled against the above described property. (Assessed in the name
of Cal -Plar Inv. Corp. - Edina.)
That within the last ten years no bankruptcy proceedings and no Notices of Internal Revenue Tax Liens appear docketed
in the United States District Court, District of Minnesota, Fourth Division, and no Notices of Internal Revenue Tax Liens
appear recorded in the office of the Register of Deeds, Hennepin County, Minnesota, against any of the registered owners
of the premises in question during said ten year period, or against parties, if any, joining with the registered owner in
the mortgage or mortgages shown above, which affect the title to the premises in question .
That since March 10, 1955, no Notices of Internal Revenue Tax Liens appear filed in the United States District Court,
District of Minnesota, Third Division against any of the registered owners of the premises in question on and subsequent
to March 10, 1955, or against parties, if any, joining with the registered owner in the mortgage or mortgages shown above,
which affect the title to the premises in question .
67 Page-4--of-5, ._ —page Certificate
se
That the following statutory exceptions appear on the Certificate:
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. Any tax or special assessment for which a sale of the land has not been had at the date of the certificate of title.
3. Any lease for a period not exceeding three years, when there is actual occupation of the premises under the lease.
4. All public highways embraced in the description of the lands included in the certificates shall be deemed to be
excluded.
5. 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.
NOTE: If premises covered by the foregoing Abstract are to be divided and conveyed by language necessary to describe
said portion, other than by simple, fractional or quantity parts, order of the District Court, Fourth Judicial District,
Hennepin County, Minnesota, provides for the filing of a "Registered Land Survey" when so required by the Regis-
trar of Titles.
Dated at Minneapolis, Minnesota, this 2 day
at 7:00 o'clock A. M.
OWNER'S DUPLICATE CERTIFICATE
was taken out on..... JAK ,..l4 962
by......... ......Thaz ae.Kj.. ......................
November 1962
TITLE INSURANCE CO PANY F MINNESOTA
By
Assistant Secretary
Page__5_of__5__.page Certificate
EXHIBIT "All
The Council of the Certified Copy of Amendment of
Village of Edina the Ordinance of ,the Village of
To Edina, Hennepin County, Minnesota
Whom It Concerns Dated April $, 1952
Doc. No. 2745385 Filed April 8, 1952, 3:45 p.m.
Book 641 of Misc., page 45
The Council of the Village of
Edina, Hennepin County, Minnesota,
do ordain as follows:
Section 1, Section III, paragraph (c) of the zoning ordinance of
the Village of Edina, Hennepin County, Minnesota, passed by the
council-of said Village on the 25th day of May, 1931, and thereafter
amended, is hereby further amended as follows: Section III (c).
No land shall be platted or subdivided which, at the time of
application for approval of the plat, is provided with public water
and sewer connections or in which public water or sewer connections
are contemplated unless such plat or subdivision meets all of the
following minimum requirements:
1. Each lot shall have a frontage on a public street of not less
than 75 feet.
2. The average minimum depth of all the lots in the proposed plat
or subdivision shall be not less than 120 feet.
3. The area of each lot in the proposed plat or subdivision shall
be not less than 8,250 square feet.
No land shall be platted or subdivided which, at the time of
application for approval of the plat, is not provided with public
water and sewer connections and in which public water or sewer
connections are not contemplated unless such plat or subdivision
meets all of the following minimum requirements:
1. Each lot shall have a frontage on a public street of not less
than 90 feet.
2. The average minimum depth of all the lots in the proposed plat
or subdivision shall be not less than 125 feet.
3. The area of each lot in the proposed plat or subdivision shall
be not less than 11,250 square feet.
All lots contained in land hereafter platted or subdivided shall
have side lines as nearly as practical at right angles to the
street line.
Section II. This ordinance shall take effect and be in force from
and after its adoption. Passed by the Village Council this 22 day
of October, 1951•
That the above ordinance was passed pursuant to the authority of
Minnesota Statutes, Section 471.26 -et seq. and that with such regula-
tions in force, by virtue of Minnesota Statutes, Section 471.29.
Subdivision 2, no conveyance of land in which the land conveyed is
described by metes and bounds or by reference to a plat made after
such regulations become effective which is not approved as provided
by statute, shall be made or recorded if the parcel described in the
conveyance is less than two and 1/2 acres in area and 150 feet in
width unless such parcel is a separate parcel of record at the time
of the adoption of the above ordinance or unless an agreement to
convey such smaller parcel has been entered into prior to such time
and the instrument showing the agreement to convey is recorded in
the office of the Register of Deeds within one year thereafter.
Any owner or agent of the owner of land in the Village of Edina who
conveys a lot or parcel in violation of this statute shall forfeit
and pay to the Village of Edina a penalty of not less than $100.00
for each lot or parcel so conveyed and such conveyance may be
enjoined.
33
COMPLETE TITLE SERVICE
TITLE INSURANCE
ELY `?W SERVICE
A; �.. %�'%ACTS OF TITLE
SEARCHES FOR TAXES,
JUDGMENTS IN STATE
AND FEDERAL COURTS,
BANKRUPTCY PROCEEDINGS
SPECIAL ASSESSMENT SEARCHES
- HATTEL MORTGAGE ABSTRACTS
7EDERAL TAX LIEN SEARCHES IN
EDERAL COURT; THIRD DIVISION
RECORDING SERVICE
GISTERED PROPERTY ABSTRACTS
I
Order No 719581
Abstract of Title
TO
Part of Lots 11 to 20 inclusive,
Block 2, Grand View Heights.
Part of Government Lot A. Section
28, Township 117, Range 21.
This certifies the within statement from
No. 1 to l 1,,3__, inclusive, to be a correct
Jbstract of Title to land described in No One
therein as appears of record in the office of the
Register of Deeds of Hennepin County, Minnesota,
including Taxes according to the general tax books
of said County.
November 2, 62
Dated 9 , 7 a. m.
Tide Insuranc mpm , of Minnesota,
By-
dssistant Secretary
I
I
Deliver to
Dorsey, Owen, Niarquart,
I —
Windhorst & West
hIITL0 INSURANCE COIRRANY
OF Ii11BWNr*S0'TA
TITLE INSURANCE BUILDING
MINNEAPOLIS 1, MINNESOTA
FEderal 8 -8733
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2
roRM No, 25
M
TITLE INSURANCE COMPANY OF MINNESOTA
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Minneapolis, Minnesota
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1. ABSTRACT OF TITLE
2510-Mum
The West 10 feet of the East 100 feet of Lots 11 to 20
inclusive, Block 2, Grand View Heights,
ALSO: A strip of land 10 feet in width Westerly of contiguous
to and adjoining the Westerly boundary of that part of
Government Lot S. Section 28, Township 117 North, Range 21
Wbst of the 5th Principal Meriaian, described as follows: That
part of Government Lot 8, Section 28, township 117, Range 21,
lying North of the center line of Eden Avenue and East of a
line drawn parallel to the main tract of the Minneapolis,
Northfield and Southern Railway from a poiint on the North
line of said Government Lot $, dittant 582 feet Eatt from the
Northwest corner of said Government Lot 8.
80 Roax
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A rod is 16% feet.
A chain is 66 feet or 4 rods.
RO ACi1tE3
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A mile is 320 rods, 80 chs., or 5,280 ft.
A square rod is 272Y4 square feet
An acre contains 43,560 square feet
An acre contains 160 square rods.
f0 ACRES
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6/frVN.!
An acre is about 208Y4 feet square.
40 chains, 160 rods or 2,640 feet
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1. ABSTRACT OF TITLE
2510-Mum
The West 10 feet of the East 100 feet of Lots 11 to 20
inclusive, Block 2, Grand View Heights,
ALSO: A strip of land 10 feet in width Westerly of contiguous
to and adjoining the Westerly boundary of that part of
Government Lot S. Section 28, Township 117 North, Range 21
Wbst of the 5th Principal Meriaian, described as follows: That
part of Government Lot 8, Section 28, township 117, Range 21,
lying North of the center line of Eden Avenue and East of a
line drawn parallel to the main tract of the Minneapolis,
Northfield and Southern Railway from a poiint on the North
line of said Government Lot $, dittant 582 feet Eatt from the
Northwest corner of said Government Lot 8.
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11
12
13
14
UNITED STATES
Entry No. 1125. Dated October 23, 1855.
To
Land Office Records, page 33.
ALBERT VANDER WERKIN.
Lots 5 and 6, Section 28, Township 117, Range 21. Cash entry.
UNITED STATES
Duplicate Receiver's Receipt, October 23, 1855.
To
Book B of Deeds, page 401. Consideration $'106.56.
ALBERT VANDERNERKEN.
Lots 5 and 6 of Section 28, Township 117, Range 21.
UNITED STATES
Patent, April 2, 1857. Filed November 1, 1889, 4:30 p. m.
To
Book 292 of 'Deeds, page 406.
ALBERT VANDERWERKEN.
Lots 5 and 6 of Section 28, Township 117, Range 21.
ALBERT A. VANDERWALKEN
Warranty Deed, November 15, 1855.
To
Book E of Deeds, page 284. Consideration $300.
ALVIN STONE,
Lots 5 and 6 of Section 28, Township 117, Range 21.
JAMES M. McHENON.
ALVIN STONE,
Warranty Deed, August 18, 1856. Filed August 18, 1856, 6 p. m.
ELIZABETH, His Wife,
Book E of Deeds, page 460. Consideration $950.
JAS. H. McHENON,
Lots 5 and 6, also Lot 3 of Section 28, Township 117, Range 21.
DEBORAH M., His Wife,
To
ORRIN CURTIS.
O. CURTIS,
Warranty Deed, September 2, 1856. Filed October 9, 1856, 5 p. m.
PHEBE A., His Wife,
Book E of Deeds, page 693. Consideration $625.
To
Undivided one -half of Lots 5 and 6 of Section 28, Township 117,
A. M. TORBET.
Range 21. Also Lot 3 of Section 28, Township 117, Range 21.
ANDREW M. TORBET,
Warranty Deed, October 1, 1858. Filed October 9, 1858, 11:45 a. m.
CAROLINE M'., His Wife,
Book M of Deeds, page 483. Consideration $625.
To
Undivided one -half of Lots 5 and 6 of Section 28, Township 117,
PHEBE A. CURTIS.
Range 21. Also Lot 3 of Section 28, Township 117, Range 21.
ORRIN CURTIS,
Warranty Deed, October 1, 1858. Filed October 2, 1858, 9 a. M.
PHEBE A., His Wife,
Book M of Deeds, page 434. Consideration $1,300.
To
Undivided one -half of fractional Lots 1, 2 and 4 of Section 28,
A. H. LAVENDER.
Township 117, Range 21. Also undivided one -half of Lots
5 and 6 of Section 28, Township 117, Range 21. Also Lot 3
of Section 28, Township 117, Range 21.
A. H. CAVENDER,
Warranty Deed, October 1, 1858.
E. H., His Wife,
Filed November 22, 1858, 10:30 a. m.
To
Book L of Deeds, page 261. Consideration $650.
PHEBE A. CURTIS.
Lots 1, 2 and 4 of Section 28, Township 117, Range 21. Also
undivided one -half of Lots 5, 6 and 3 of Section 28, Township
117, Range 21.
PHEBE A. CURTIS,
Warranty Deed, June 18, 1859. Filed August 15, 1859, 6 p. m.
ORRIN, Her Husband,
Book O of Deeds, page 95. Consideration $255.
To
Fractional Lots 1, 2, 3, 4, 5 and 6 of Section 28, Township 117,
POND CURTIS.
Range 21.
POND CURTIS
Mortgage, June 18, 1859. Filed August 15, 1859, 6 p. m.
To
Book M of Mortgages, page 287.
PHEBE A. CURTIS. ( �'�
To secure payment of $2,500.
7
Fractional Lots 1, 2, 3, 4, 5, 6 of Section 28, Township 117,
Range 21.
PHEBE A. CURTIS
Satisfaction of Mortgage No. 12. Dated October 4, 1859.
To
Filed October 4, 1859, 3:30 p. m.
POND CURTIS.
Book M of Mortgages, page 422.
POND CURTIS,
Power of Attorney, June 18, 1859. Filed October 4, 1859, 3:35 p. m.
PERMELIA, His Wife,
Book I of Bonds, page 109.
To
To sell and convey, etc.
ORRIN CURTIS.
Fractional Lots 1, 2, 3, 4, 5 and 6 of Section 28, Township 117,
Range 21.
15
16
17
I:
19
R
21
22
23
24
25
26
27
0.
29
POND CURTIS,
Warranty Deed, October 4, 1859. Filed October 4, 1859, 3:45 p. m.
PERMELIA, His Wife,
Book O of Deeds, page 187. Consideration $3,000.
Per 0. CURTIS,
Lots 1, 2, 3, 4, 5 and 6 of Section 28, Township 117, Range 21.
Their Attorney -in -Fact,
Subject to overflow from Mills up Little Falls Creek upon
To
above described land not to exceed 2 acres.
JOSIAH H. TALBOT.
JOSIAH H. TALBOT
Warranty Deed, November 6, 1860. Filed January 5, 1861, 2:45 p. m.
To
Book Q of Deeds, page 234. Consideration $3,500.
F. E. TALBOT.
Lots 1, 2, 3, 4, 5 and 6 of Section 28, Township 117, Range 21.
JOSEPH SIMMONS
Attachment, April 10, 1861. Filed April 11, 1861.
VS.
File No. 78. Claim $2,600.
JOSIAH H. TALBOT.
Lots 1, 2, 3, 4, 5 and 6 of Section 28, Township 117, Range 21.
JOSEPH H. TALBOT,
Mortgage April 23, 1861. Filed April 23, 1861, 5 p. m.
ELIZA F., His Wife,
Book Q of Mortgages, page 121.
FRANK E. TALBOT,
To secure payment of $11,500.
To
Lots 1, 2, 3, 4, 5 and 6 of Section 28, Township 117, Range 21.
CHARLES L. CUTTER.
In the Matter of the Estate of
Probate Court, Worcester County, Massachusetts.
CHARLES S. CUTTER.
Certificate of Register, dated October 2, 1888.
Filed August 10, 1889.
Book 43 of Miscellaneous, page 343.
That on the first Tuesday in December, 1876, John A. B. Cutter
was appointed Trustee under Will of said deceased, etc.,
which appointment is still in force.
J. A. B. CUTTER,
Assignment of Mortgage No. 18, dated August 2, 1889.
Sole Trustee of the Estate of
Filed August 10, 1889, 12:30 p. m.
CHARLES S. CUTTER, Deceased,
Book 286 of Mortgages, page 152. Consideration $11,500.
Under Will of Said Deceased
To
M. HOGAN.
JOSIAH H. TALBOT,
Warranty Deed, March 3, 1866. Filed August 1, 1866, 9:30 a. m.
ELIZA F., His Wife,
Book 12 of Deeds, page 212. Consideration $550.
F. E. TALBOT,
Lots 1 to 6 inclusive of Section 28, Township 117, Range 21.
To
J. S. PILLSBURY.
JOHN S. PILLSBURY,
Warranty Deed, July 31, 1866. Filed August 2, 1866, 10 a. m.
MAHALA F., His Wife,
Book 12 of Deeds, page 220. Consideration $2,000.
To
Same land as in No. 21.
C. C. HILLMAN.
C. C. HILLMAN
Warranty Deed, April 29, 1867. Filed April 29, 1867, 12 m.
To
Book 16 of Deeds, page 646. Consideration $1,250.
STELLA EVANS.
Undiyided one -half of Lots 1 to 6 inclusive of Section 28, Town-
ship 117, Range 21.
STELLA S. EVANS,
Warranty Deed, October 19, 1869.
ALFRED M., Her Husband,
Filed November 19, 1869, 3:30 p. m.
To
Book 25 of Deeds, page 447. Consideration $1,500.
WILLIAM GOULD.
Same land as in No. 23.
CHRISTOPHER C. HILLMAN
Warranty Deed, October 9, 1869.
To
Filed November 19, 1869, 3:30 p, m.
WILLIAM GOULD.
Book 25 of Deeds, page 450. Consideration $1,500.
Same land as in No. 23.
J. H. THOMPSON
Affidavit June 8, 1888. Filed June 8, 1888, 2 p. m.
To
Book 37 of Miscellaneous, page 253.
WHOM IT CONCERNS.
That he knew Christopher C. Hillman, grantor in deeds Nos. 23
and 25 and said Hillman was unmarried during the whole of
the years 1867 and 1869.
WILLIAM GOULD •
Agreement for Deed, dated September 22, 1869.
To
Filed October 16, 1879, 2:30 p. m.
BEVERLY C. YANCEY.
Book 9 of Miscellaneous, page 198. Consideration $2,129.17.
Lots 5 and 6 and South one -half of Lots 3 and 4 of Section 28,
Township 117, Range 21.
WILLIAM GOULD,
Warranty Deed, September 22, 1879.
SARAH R., His Wife,
Filed October 16, 1879, 2:30 p. m.
To
Book 83 of Deeds, page 46. Consideration $2,129.17.
BEVERLY C. YANCY.
Same land as in No. 27.
Lots 1 to 6 inclusive of Section 28, Township 117, Range 21, sold
to C. C. Hillman September 17, 1879, for taxes of 1878 and
assigned to J. H. Thompson January 26, 1880.
i
�y
30
31
32
W,
34
35
36
37
Im
39
40
41
42
43
44
� I
AUDITOR OF HENNEPIN COUNTY
Certificate of Tax Sale, dated September 17, 1879.
To
Filed October 7, 1881, 12 m.
C. C. HILLMAN.
Book 102 of Deeds, page 44.
Lots 1 to 6 inclusive, Section 28, Township 117, Range 21, sold
for $28.26 for taxes of 1878.
C. C. HILLMAN
Assignment of Tax Certificate No. 30, January 26, 1880.
To
Filed October 7, 1881, 12 m.
J. H. THOMPSON.
Book 102 of Deeds, page 44. Consideration $30.
ST. ANTHONY IRON WORKS
Judgment, docketed April 5, 1877. Amount $855.41.
vs.
WILLIAM GOULD, et al.
S. C. GALE AND CO.
Judgment, docketed March 14, 1$78.. Amount $653.92.
vs.
WILLIAM GOULD, et al.
WILLIAM GOULD,
Sale of Execution under Judgments Nos. 32 and 33.
By Sheriff,
Sheriff's Certificate, August 11, 1883.
To
Filed August 11, 1883, 11 a. m.
ELISHA HALL.
Book 97 of Deeds, page 639.
Lots 1 to 6 inclusive of Section 28, Township 117, Range 21,
sold for $20 each.
ELISHA HALL
Power of Attorney, January 20, 1883. Filed October 10, 1883.
To
Book C of Powers, page 609.
CHARLES BARTLESON.
To sell and convey, etc.
ELISHA HALL,
Assimnment of Sheriff's Certificate No. 34, October 10, 1883.
By CHARLES J. BARTLESON,
Filed October 11, 1883, 11 a. m.
His Attorney -in -Fact,
Book 97 of Deeds, page 640. Consideration $200.
To
JOSEPH H. THOMPSON.
J. H. THOMPSON,
Deed, November 9, 1885. Filed November 13, 1885, 12 m.
E. M., His Wife,
Book 166 of Deeds, page 37. Consideration $1.
To
Lot 5 and South one -half of Lot 4 of Section 28, Township 117,
BEVERLY C. YANCEY.
Range 21.
BEVERLY C. YANCEY,
Mortgage, October 16, 1879. Filed October 16, 1879, 2:30 p. m.
ELLEN M., His Wife,
Book 50 of Mortgages, page 456.
To
To secure payment of $1,400.
JOSEPH H. THOMPSON. �i'
Same land as in No. 37.
JOSEPH H. THOMPSON
Satisfaction of Mortgage No. 38. Dated November 20, 1885.
To
On margin of record.
BEVERLY C. YANCEY.
B. C. YANCEY,
Warranty Deed, December 8, 1883. Filed June 10, 1884, 9:30 a. m.
ELLEN M., His Wife,
Book 147 of Deeds, page 60. Consideration $30.
To
/8 of an acre lying in the Southeast corner of Lot 5 of Section
PETER JOHNSON.
28, Township 117, Range 21, running North from South-
east corner of and along East boundary line of said Lot 5, a
distance of 189 feet to the center of country road known as
the Eden Prairie Road and running West from Southeast
corner of and along South boundary line of said Lot 5,374 feet'
to center of said road. (Shown for reference.)
BEVERLY C. YANCEY,
Mortgage, February 1, 1887. Filed February 4, 1887, 12 m.
ELLEN M., His Wife,
Book 193 of Mortgages, page 231.
To
L%'
To secure payment of $300.
DAVID P. JONES.
Lot 5 of Section 28, Township 117, Range 21.
DAVID P. JONES
Satisfaction of Mortgage No. 41, dated September 20, 1888.
To
Filed February 23, 1889, 4 p. m.
BEVERLY C. YANCEY.
Book 275 of Mortgages, page 45.
BEVERLY C. YANCY,
Mortgage, August 1, 1888. Filed August 4, 1888, 10 a. m.
ELLEN M., His Wife,
Book 229 of Mortgages, page 426.
To
To secure payment of $2,000.
SAMUEL E. ROBERTSON. 1-
Lot 5 of Section 28, Township 117, Range 21. 46 acres more
or less excepting a triangular piece of ground 5/6 of an acre in
area, lying in the Southeast corner of said Lot 5, conveyed
to Peter Johnson by Deed No. 40.
S. E. ROBERTSON
Satisfaction of Mortgage No. 43, dated September 9, 1889.
To
Filed September 23, 1889, 8 a. m.
BEVERLY C. YANCY.
Book 285 of Mortgages, page 385.
45
ut
47
I•
•
49
50
51
52
53
54
B. C. YANCY,
MortpAje., February 23, 1889. Filed February 26, 1889, 2:30 p. m.
ELLEN M,, His Wife,
Book 267 of Mortgages, page 162.
To
To secure payment of $500.
SAMUEL E. ROBERTSON. �.
Same land as in No. 43.
S. E. ROBERTSON
Satisfaction of Mortgage No. 45, dated September 9, 1889.
To
Filed September 23, 1889, 8 a. m.
BEVERLY C. YANCY.
Book 285 of Mortgages, page 385.
BEVERLY C. YANCEY,
Mortgage, September 2, 1889. Filed September 23, 1889, 8 a. m.
ELLEN M., His Wife,
Book 278 of Mortgages, page 630.
To
To secure payment of $5,000.
CARLETON COLLEGE. C •
Lot 5 and part of Lot 4 of Section 28, Township 117, Range 21.
Part of Lot 4 described as commencing at the intersection of
center line of Main St. and South 7th St, in Emma Abbott
Park, thence South at right angles to the South line of Lot
4, thence East 40 rods, thence at right angles North 40 rods
to South line of said Addition, thence at right angles to be-
ginning, excepting from Lot 5, that part lying in the South-
east corner Southeasterly of roadway.
CARLETON COLLEGE
Satisfaction of Mortgage No. 47, dated May 23, 1903.
To
Filed June 17, 1903, 4:15 p. m.
BEVERLY C. YANCEY.
Book 184 of Mortgages, page 331.
BEVERLY C. YANCEY,
Mortgage, November 5, 1890. Filed November 17, 1890, 8 a, m.
ELLEN M., His Wife,
Book 325 of Mortgages, page 224.
To
U To secure payment of $500.
CARRIE L. SMITH.
Part of Lot 4 of Section 23, Township 117, Range 21, commenc-
ing at the intersection of center line of Main St. and South
J
7th St. in Emma Abbott Park, thence South at right angles
40 rods to South line of Lot 4, thence East 40 rods, thence at
right angles North 40 rods to South line of Emma Abbott
Park, thence at right angles West to beginning, and Lot 5
of said Section, excepting part in Southeast corner, South-
easterly of roadway.
CARRIE L. SMITH
Satisfaction of Mortgage No. 49, dated May 19, 1903.
To
b1led June 17, 1903, 4:15 p. m.
BEVERLY C. YANCEY.
Book 549 of Mortgages, page 199.
BEVERLY C. YANCEY,
Mortgage, May 2, 1903. Filed June 17, 1903, 4 :15 p. m.
ELLEN M., His Wife,
Book 659 of Mortgages, page 43. To secure payment of $4,000.
To
Part of Lot 4 of Section 28, Township 117, Range 21, described
CARLETON COLLEGE.
as follows: Beginning at the intersection of the center line
of Main St. and the South line of 7th St. in Emma Abbott
Park and running South at right angles to said line of 7th
St. 40 rods to the South line of said Lot 4, thence on said
last named line Easterly 40 rods, thence at right angles
North 40 rods to South line of said Emma Abbott Park,
thence at right angles West to the point of beginning, and
Lot 5 in aforesaid Section excepting that part of said Lot
lying in the Southeast corner thereof Southeasterly of the
roadway and excepting that part of said Lot 5 described
as follows: Beginning at a point in the center of the Eden
Prairie Road and on the East boundary line of Lot 5 and
running North on said boundary line a distance of 89 feet to
the center of the road, running Ina Northwesterly and South-
easterly direction, thence Northwesterly along center line of
said road 12 rods, thence due South parallel with the East
boundary line of said Lot 5 to center of said Eden Prairie
Road, thence in a Northeasterly direction along center line
of said Eden Prairie Road to place of beginning.
CARLETON COLLEGE
Partial Release of Mortgage No. 51, dated March 26, 1906.
To
Filed April 6, 1906, 8:30 a. m.
BEVERLY C. YANCEY,
Book 577 of Mortgages, page 593. ' Consideration $1.
ELLEN M., His Wife.
Commencing in the center of Hopkins or Cooper road, at a
point 198 feet along said road from the East line of Section
28, thence Northwesterly along the center line of said road a
distance of 207 feet, thence South and parallel with East line
of said Section, a distance of 520 feet more or less, to center
of Eden Prairie Road, thence Northeasterly along center of
Eden Prairie Road to a point due South of beginning, thence
North 270 feet more or less, to beginning, being a part of
Northeast 1/4 of Southeast 1/4 of Section 28, Township 117,
Range 21, 2 acres more or less.
CARLETON COLLEGE
Saatisfaction of Mortgage No. 51, dated November 27, 1906.
To
Filed December 22, 1906, 12:45 p. m.
BEVERLY C. YANCEY.
Book 592 of Mortgages, page 597.
BEVERLY C. YANCEY,
Warranty Deed, July 20, 1903. Filed August 8, 1903, 12:30 p. m.
ELLEN M., His Wife,
Book 579 of Deeds, page 214. Consideration $6,000.
To
Commencing at the intersection of Main and 7th St., Emma
WILLIAM E. GILLESPIE.
Abbott Park, thence East to a point 24 rods West of the East
line of Lot 4, thence South to the South line of Lot 4, thence
West on the South line to a point 27 rods East of the West
line of Lot 4, thence North 14 6.11 rods, thence East 12 rods,
thence North to beginning of Section 28, Township 117, Range
54
55
56
57
i
59
o
61
(Continued)
21, also commencing at the Northwest corner of Lot 5, thence
East to the Northeast corner, thence South to a point 278 feet
North of Southeast corner, thence Northwest along road 12
rods, thence South to the center of Eden Prairie Road, thence
Southwest along same to South line of Lot 5, thence West
to Southwest corner, thence North to beginning, excepting
road Section 28, Township 117, Range 21.
WILLIAM E. GILLESPIE,
Mortgage, December 1, 1906. Filed December 3, 1906, 4:20 p. m.
ELLEN MARY, His Wife,
Book 586 of Mortgages, page 286.
To S
To secure payment of $2,000.
WILLIAM A. WITTICK.
Due in 5 years, 6% semi. That part of Lot 4 of Section 28,
Township 117, Range 21, commencing at the intersection of
Main Avenue and 7th St. in Emma Abbott Park, thence East
to a point 24 rods West of the East line of said Lot 4, thence
South to South line of said Lot 4, thence West on said South
line to a point 27 rods East to the West line of said Lot 4,
thence North 14 6 -11 rods, thence East' 1 rod, thence North
to place of beginning. Also that part of Lot 5 of said Section
28, Township 117, Range 21, commencing at the intersection
of the center line of Main Ave. in Emma Abbott Park and
extended South with the North line of said Lot 5, thence East
to the Northeast corner of said Lot, thence South to a point
278 feet Northl of the Southeast corner thereof, thence
Northwesterly along center of road 458 feet, thence South to
center of Eden Prairie Road, thence Southwest along said
Eden Prairie Road to South line of Lot 5, thence West to the
Southwest corner of said Lot 5, thence North to Northwest
corner of said Lot 5 and center of Hopkins Road, thence
Southeast along center of said Hopkins Road to its intersec-
tion with the center line of said Main Ave. in said plat of
Emma Abbott Park extended South, thence North on said
extended line to place of beginning. Subject to county road.
WM. A. WITTICK, Bachelor,
Power of Attorney, May 2, 1898. Filed May 4, 1898.
To
Book L of Powers, page 441.
DAVID P. JONES.
To execute Mortgages. To deed and lease, to release, assign
and satisfy Mortgage.
WILLIAM A. WITTICK,
Assignment of Mortgage No. 55, dated January 14, 1907.
By DAVID P. JONES,
Filed March 4, 1907, 12:50 p. m.
His Attorney -in -Fact,
Book 603 of Mortgages, page 121. Consideration $2,000.
To
HARRIETTE L. HUMPHREY.
457783.
HARRIETTE L. HUMPHREY
Satisfaction of Mortgage No. 55, dated June 11, 1910.
To
Filed June 16, 1910, 10:10 a. m.
WILLIAM E. GILLESPIE.
Book 690 of Mortgages, page 417.
564954.
WILLIAM E. GILLESPIE,
Warranty Deed, March 20, 1906. Filed November 9, 1906, 2:15 p. M.
ELLEN M., His Wife,
Book 629 of Deeds, page 87. Consideration $225.
To
That part of the Northeast 1/4 of Southeast 1/4 of Section 28,
CHAS. B. YANCEY.
Township 117, Range 21, described as follows: Commencing
in the center of Hopkins or Cooper road at a point 198 feet
along said road from East line of Section 28, thence North-
westerly along center line of said road a distance of 270 feet, ��-
thence South parallel with East line of said Section a
distance of 520 feet more -or less to center of Eden Prairie
Road, thence Northeasterly along center of Eden Prairie Road
to point due South of beginning, thence North 270 feet more
or less to beginning. Containing not more than 2 acres.
(Shown for reference.)
WILLIAM E. GILLESPIE,
Plat of Grand View Heights, dated August 13, 1910.
ELLEN M., His Wife,
Filed August 23, 1910, 10 a. m.
To
Book 68 of Plats, page 8.
THE PUBLIC.
All that part of Government Lot 5, Section 28, Township 117,
571589.
Range 21, described as follows: Commencing at the South-
west corner of said Lot 5, thence East along South line of
said hot 5 a distance of 921.5 feet to the intersection of
center line of Eden Prairie Road, thence Northeasterly along
center line of said road a distance of 134 feet to the South-
west corner of lands formerly deeded by first party to Charles
B. Yancey in Book 629 of Deeds, page 87, thence North and
parallel with East line of said Section 28 a distance of 449
feet more or less, to the center line of Hopkins Road, thence
Northwesterly along center line of said road to the West
line of said Government Lot 5, thence South along West line
of said Lot 5 a distance of 1304.5 feet more or less, to place
of beginning.
WILLIAM E. GILLESPIE,
('� Warranty Deed, August 26, 1910. Filed September 7, 1910, 1:50 p. m.
ELLEN M., His Wife,
Book 681 of Deeds, page 603. Consideration $1.
To
All of said Addition as described in No. 60.
OTTO J. MORAWETZ.
572988.
L
W
OTTO J. MORAWETZ,
LILLIAN C., His Wife,
62 To
WILLIAM E. GILLESPIE.
573024.
63
Mortgage, August 26, 1910. Filed September 7,1910,1:50 p. m.
Book 68.(0 of Mortgages, page 285.
To secure payment of $3,800.
All Lots and Blocks in Grand View Heights, except Lots 1, 2,
X 11 to 18 inclusive, Block 3; Lots 17 to 20 inclusive, Block 4,
which last 14 Lots are not included in the lien of this
mortgage. Second party will release any Lot on payment of
$150. Purchase money Mortgage.
Taxes paid for 1909 and prior years.
64 1 I For Judgment and Bankruptcy Search see following certificate.
CERTIFICATE AS TO JUDGMENTS.
THIS CERTIFIES that we have searched and examined the Judgment Lien Docket of the
District Court, Fourth Judicial District, Hennepin County, Minnesota: also the Judgment Lien
Docket of the United States Circuit Court, District of Minnesota, FourtL Division; also the Judgment
Lien and Bankruptcy Dockets of the United States District Court, District of Minnesota. Fourth
Division, and find no judgments rendered within ten years last past unsatisfied of record socketed
therein against either of the following named persons, between the dates set opposite their respective
names.
No search made as to parties the middle initial of whose name is other than stated herein.
Nor any bankruptcy proceedings by or against either of the following named persons between the
dates set opposite their respective names.
BEVERLY C. YANCEY June 30 1898 Aug. 9 1903
WILLIAM E. GILLESPIE June 30 1898 Sept. 8 1910
OTTO J. MORAWETZ June 30 1898 May 8 1911 7 a. m.
Dated at Minneapolis, Minnesota, this 8th day of May, 1911.
MERRILL ABSTRACT CORPORATION,
Fees, $1.00 By Gno. C. MERRILL, President.
it
Dates.
Names
Month
Day
Year
Month
Day
Year
BEVERLY C. YANCEY
May
7
1901
Aug.
9
1903
WILLIAM E. GILLESPIE
May
7
1901
Sept.
8
1910
OTTO J. MORAWETZ
May
7
1901
May
8
1911 7 a. m.
Nor any bankruptcy proceedings by or against either of the following named persons between the
dates set opposite their respective names.
BEVERLY C. YANCEY June 30 1898 Aug. 9 1903
WILLIAM E. GILLESPIE June 30 1898 Sept. 8 1910
OTTO J. MORAWETZ June 30 1898 May 8 1911 7 a. m.
Dated at Minneapolis, Minnesota, this 8th day of May, 1911.
MERRILL ABSTRACT CORPORATION,
Fees, $1.00 By Gno. C. MERRILL, President.
it
l
65. The following certificates appear appended
shown below, which plat was filed for record in
Register of Deeds, Hennepin County, Minnesota,
at 8:30 o'clock A. M., as Document No. 1684387,
in Book of Govt. Survey Plats, page 3.
M
to the plat
the office of the
on April 30, 1932
and was recorded
"The above map of Township No. 117 North, Range No. 21 West
of the 5th Principal Meridian, Minnesota, is strictly conformable
to the field notes of the survey thereof on file in this office,
which have been examined and approved.
Surveyor General's Office. Warner Lewis
Dubuque May 16th 1855 Surr.Genl."
"I hereby certify that the above map is a correct copy of
the original Government Map of Township No. 117 North, Range No.
21 West of the 5th Principal Meridian on file in this,Offiee.
(The Great Seal of the Mike Holm, Sec'y of State.
State of Minnesota) St.Paul,Minn.Sept. 4, 1931."
Townstc i�v N° //7' _ _,Pernye 29 W .5 th Mer.
ey:• ..&� � SCR.
�w✓y .%vwsa^
s ro s .a ne p se i M
ucak 40 C/.niat /. � /x/R
-4
66. :William E. Gillespie
to
Alice Bell
Doc. Teo. 637105
679 ':lice ^ :. Bell
vo
L zo.x1wp DubuqueuEl ectric
' iCtiC� Co.
No.
757804
68. Ct :o J. :ora:•retz
Lillian C. I,Iorawetz, wife
V
J ",_utie Cotton
541460
I�
:signment of 11,11ortgagd
recorded in Book 686 of .tgs.,
page 285 (See 'No. 62)
Dated Llay 25, 1912.
07� 1912, 11:15 a.m.
:'ook 731. of T tgs. , page 480
Consideration: k3,247.46
Partial Release of . '.ortgage
recorded in Book 686 of Idtgs.,
page 285 (See '11o. 62)
'gated June 10 1915
Filed June 4, 1915, 4 :15 p•m.
=gook 852 of ltgs.. , page 333
Consideration: ;'1,800.00
Lots 11 to 22, Block 2,
Grand View Heights Addition
to Edina.
7arranty Deed.
'Dated July 6, 1912
Filed July 8, 1912, 1:30 a.m.
Dook.712 of Deeds, page 240
Consideration: 4250.G0
Lot 17, Block 2, Grand Vier
Heights Addition to Edina.
Subject to 1'=ortgage of 150.00
69. r s. iattie Cotten
T''ortgage
(spellall Cotton in Book 712
Dated January 4, 1113
of Jeers, page 240)
Filed January 6, 1913, 2:15 P.m*',.
I,z_—a :. Cotten, husband
' Dook 765 of -tf,s., page 305
to
To secure payment of
.s:" rew Justus
661693
70. :ndrew Justus -
Satisfaction. of .71ortgage
,o
recorded in :-look 765 of llltzs. ,
r< . i Attie Cotton
pave 305 ( lee, '?o. 69)
L,zra IT, Cotton, husband
Dated T.ay 22, 1913
67564$
FilEc °.ay' 31, 1913, 9:50 a.m.
Book 794 of .- .'cgs., page 399
i
r�
71, 'Hattie Cotten
E. 11. Cotten, husband
to
Otto J. Mora -aetz
Doc. ITo. 669374
72. Otto J. orawetz
L -llian C. i'.oravietz, wife
to T
eapoli3, St. Paul,
t _ whips per and Dubuque
!;lectric Traction Co.
corporation of the
State of liaine)
Doc. J o. 675421
i.or, gage dated august 26,
reIL litgs., page 285, first
part assumes.
,.'.'arranty Deed
Dated !-?arch 26, 1913
Filed April 4, 19139 3 :20 p.m.
;gook 712 of Deeds, page 175
Consideration: :.:1.00 etc.
Lot 17, Block 2, Grand View
heights, Addition to Edina.
Subject to Mortgage of X150.00
and I- iortgage of '250.00
?'larranty Deed
Dated i av 20, 1913
riled i•iay 2$, 1913, 11:30 a.m.
Look 742 of Deeds, page 331
.Consideration: `2,850.00
Lots 11, 12, 13, 14, 15 16, 17,
18, 190 20, 210 229 Ali in
Dloch 2 Grand View heights
Addition to .Edina.
It is agreed by both parties
that these lots are to be used
for Railroads uses -on._l.�
1910 filed Septembers 7, 1910-, 682
lien of ;- 150,00 on each lot second
73. United `titates Entry TIo. 646
to Dated October 11, 1855 _
`7olomon `,. Crocker Land Office Records, page 33
Lot b, Section 28, Township 117,
Range 21, containing 45.21 acres.
74. Unyted States of I,merica
to
Solomon '.'heaton Crocker
Certified Copy of. Patent
Dated April 2, 1857
.'ailed Noyember 30, 1886, 11 a.m.
Hook 213 I of Deeds, page 5
Lot-8, Section 28;
Lots land 2, Section 33,
Township 117, Range 21.
75. Solomon 1,11. Crocker Wlarranty Deed
to Dated October 2, 1856
John L. Tenney Filed - --
Book E of Deeds, page 659
Consideration: ,,;1,000.00
Lot 8, Section 28, 'Toc.7zship 117,.
Range 21; also Lots 1 and 2,
1ection 33, Township 117,
Runge 21, containing 130,42/100
acres more or less.
Free from all incumbrances and that he will at request of second
party at any time execute and.deliver such further deeds of
assurance as he may desire.
76. John L. Tenney
Ann E. Tenney,
to
Solomon NI. Crocker '
77. J. TI. I ?iles
Sarah 1;'1. :files, wife
to
George B. Wright
78. Jo',-In 1,1. Niles and
Sarah :i. .piles, his wife,
by Geo. B. !"fright,
their attorney in fact
to
Solomon- `.f1. Crocker
Warranty Deed
Dated August 5,. 1857
riled August 5, 1557, 7:45 p•m.
nook I of Deeds, page 467
Consideration: „19200.00
Lot $.in Section 28 and Lots
1 and 2 ir. Section 33, Township 117,
i {.Gage 21, containing 130.12 acres..'
a�
Ai E. Tenney signs Anna E. Tenney.
Power of Attorney
Dated January 8, 1867
Filed February 18, 1867, 9 a.m.
Book "All of Powers, page 168
To sell and convey lands in
State of :Minnesota.
Quit Claim Deed
Dated Iay 18, 1568
Filed •ay 17, 18690 12 m.
Book 21 of Deeds, page 233
Consideration: ',,171-00
Lot 8, Section 28;
Lots l and 2. Section 33,
• Tov,mship 117, Range 21.
t
75. Solomon 1,11. Crocker Wlarranty Deed
to Dated October 2, 1856
John L. Tenney Filed - --
Book E of Deeds, page 659
Consideration: ,,;1,000.00
Lot 8, Section 28, 'Toc.7zship 117,.
Range 21; also Lots 1 and 2,
1ection 33, Township 117,
Runge 21, containing 130,42/100
acres more or less.
Free from all incumbrances and that he will at request of second
party at any time execute and.deliver such further deeds of
assurance as he may desire.
76. John L. Tenney
Ann E. Tenney,
to
Solomon NI. Crocker '
77. J. TI. I ?iles
Sarah 1;'1. :files, wife
to
George B. Wright
78. Jo',-In 1,1. Niles and
Sarah :i. .piles, his wife,
by Geo. B. !"fright,
their attorney in fact
to
Solomon- `.f1. Crocker
Warranty Deed
Dated August 5,. 1857
riled August 5, 1557, 7:45 p•m.
nook I of Deeds, page 467
Consideration: „19200.00
Lot $.in Section 28 and Lots
1 and 2 ir. Section 33, Township 117,
i {.Gage 21, containing 130.12 acres..'
a�
Ai E. Tenney signs Anna E. Tenney.
Power of Attorney
Dated January 8, 1867
Filed February 18, 1867, 9 a.m.
Book "All of Powers, page 168
To sell and convey lands in
State of :Minnesota.
Quit Claim Deed
Dated Iay 18, 1568
Filed •ay 17, 18690 12 m.
Book 21 of Deeds, page 233
Consideration: ',,171-00
Lot 8, Section 28;
Lots l and 2. Section 33,
• Tov,mship 117, Range 21.
1
79. Solomon W. Crocker and
Sarah D. Crocker, his wife
to
Anna D. Phillips
$0, 1-7enry A. Phillips
Anna L. Phillips, wife
to
Solomon 1,1. Crocker
$1. . 'T. Crocker
to
Anna D. Phillips
Ty Henry . Phillips, husband
82. Enna B. Phillips
H enry A. Phillipo, husband
to
Frank J. tTillson
. ...............................
11arranty Deed
Dated April 21, 1869
Filed :-Iay 17, 1869, 12 m.
Book 21 of Deeds, page 234
Consideration: ' '782-52 ,
.Lot $, Section 2;
Lots 1 and 2. Section 33,
Township 117, Range 21.
1 Mortgage
Dated April 21, 1$69
'ilea "lay lb, 1869, 11 ai. rn.
Book 10 of � tgs . , page 316
To secure payment of 'x,391.26
Satisfaction of PJIortgage
recorded in Book-10 of I'Itgs.,
page 316 (See I'Io.. $O)
Dated Janusr -f 12, 1874
Filed January 17, 1$74, 2 p.m.
Dook 18 of '�Itgs., page 239
t''arranty Deed
Dated September 6, 1870
Filed September $, 1870, 3 :30 p.m.
Look 23 of Deeds, page 592
Consideration: 1,100.00
Lot $, Section 28 and
Lots 1-and 2, Section 33,
Township 117, Range 21..
Subject to aortgage for ,":3.91.26
$3.. F. J. :Iillson
Ilarranty Deed
kIrs. Lila Willson, wife
Dated October 26, 1878
to
Filed November $, 1$7$, 11 a.m.
11arranty Deed
Dated April 21, 1869
Filed :-Iay 17, 1869, 12 m.
Book 21 of Deeds, page 234
Consideration: ' '782-52 ,
.Lot $, Section 2;
Lots 1 and 2. Section 33,
Township 117, Range 21.
1 Mortgage
Dated April 21, 1$69
'ilea "lay lb, 1869, 11 ai. rn.
Book 10 of � tgs . , page 316
To secure payment of 'x,391.26
Satisfaction of PJIortgage
recorded in Book-10 of I'Itgs.,
page 316 (See I'Io.. $O)
Dated Janusr -f 12, 1874
Filed January 17, 1$74, 2 p.m.
Dook 18 of '�Itgs., page 239
t''arranty Deed
Dated September 6, 1870
Filed September $, 1870, 3 :30 p.m.
Look 23 of Deeds, page 592
Consideration: 1,100.00
Lot $, Section 28 and
Lots 1-and 2, Section 33,
Township 117, Range 21..
Subject to aortgage for ,":3.91.26
$3.. F. J. :Iillson
Ilarranty Deed
kIrs. Lila Willson, wife
Dated October 26, 1878
to
Filed November $, 1$7$, 11 a.m.
:i.fon Larson
Look 72 of Deeds. page 350
Consideration: ::67.50
Commencing 'at point in road 30
rods Hest of the ;Iortheast corner
of ':aot $, Section 28, Township
117, Range 21; thence ':'est 60 roes;
thence South 24 rods; thence in
direct line to place of beginning.
Containing 4 1/2 acres more or
less.
I
84. Si: on Larson
Chrestene Larson ' wife
Dated December 4,
1884
to
Filed December 4.,
1884s, 4:30 P.m.
ler,:,rtin Johnson
13ook 125 of :--Itgs-
page 354
to secure payent
r�
of "250.00
V
one year at
Commencing at a point
in road
30 rods .'.,lest of 1,11ortheast corner
of Lot 8, Section
28s, Township
117, RanZe 21; thence ':!est 60
rods; thence South 24
rods; thence
in a direct line to beginning.
Containing 4 1/2 acres more, or
less.
85. In the 1T,,:atter of the
Incorporation of
Petition
DLtad October 27,
1888
the Villa e of Edina
Filed Dedembcr 178
1888,, 11:30 a.m.
Doe. 714o. 99940
nook 40 of '
1,,isc;,,
e 106
page
Includes land i
No. 1 etc.
86. Tn the "atter of the
Petition for Incorporation
of
Village of Edina-
Doc. No. 69984
Petition and Affidavit Of
Pe�itioners
Dated October 27, 1888
Filed December 17, 1888, 3 P.m.
File No. 504
Includes Land in No. 1. etc*
87. In the 111att6r of the Petition
Iiicorporation of the Dated October 27, 1888
Village of Edina Notice of Election, Nov. 9,, 1888•
Doe. R4T o. 69985 Filed December 17, 1888, 3 P.m.
File No. 504
'Includes land in No* I, etc.
88,. in the Matter of the Probate Court
Estate of Hennepin County, T41innesota
Skmon Larson,,- deceased Case "To. 11627'
14
Doc. No. 528173 Certified Copy Decree of
Distribution
Dated June 1, 1909
Filed Tune 15, 19090 4:35 p.m.
Book 618 of Deeds., page 472
Debts paid. '
Died intestate Dec. 211, 1908
Hall, Left Surviving: 14�iinnie Lundblad and Julia llal 1. daughters.
Assigns: Commencing at point in the road 30 rods ;.Test of the
,'northeast corner of Lot 8 Section 28 Township 117, Range 21;
thence 'Vest 60 rods; thence South 24 rods; thence in direct line.•
to place of beginning, containing 4 1/2 acres more or less..'
Undivided 1/2 to each.
4-
Tinnie Lundblad ',:'arranty Deed
Peter E. Lundblad,'husband Dated June 22, 1909
Julia II. Hall Filed June 2.4, 19092 12:30 p.m.
Barry A. Hall, husband Book 661 of Deeds, page 604
to Consideration: .;1,100.00
Mary Newberg A tract in Government Lot $,
Doc. No. 529062 Section 2$, Township 117,
Range 21: Beginning at a point
on North line of Government Lot $,
Section 28, r'o :reship 117, Range 21,
said point being 255 feet East of Northwest corner %of said Lot 8;
thence :youth parallel with 1,Test line of said Lot 8 to center line
of public road as laid out and travelled across said Lot 8; thence
,ortheasterly along center line of said road 735.8 feet to a point
on .forth line of Government Lot 8, said point being 675 feet-East �}
S.
of point of beginning; thence J O
est along North line of said Lot ,
675 feet to place of beginning.
Containing 2 2/10 acres more or less.
90. '.',wry Newberg, single
to
Jens P. IIansen
Doc. No. 529060
ID
Mortgage
Dated June 24, 1909
Filed June 24, 1909, 12:10 p.m.
Book 675 ,of r-Itgs. , page 83
To secure payment of ,;$00.00
91. Jeri P. Pansen Partial Release' of Iortgage
to recorded in Book 675 of Mtgs.,
:Lary Newberg page :83 ` ( See ".1o. 90 )
Doc. No. 696400 Dated November 22, 1913 .
Filed Tovezzzber 26, 1913, 3:15 p.m.
Book 799 of Iltgs., page 228
Consideration: - - --
strip or,part of land 80 foet
in vidtTz over and upon that part of Lot 8, Section 28, Township 117,
Range 21, lying Liorth of,the Eden Prairie Road described as follows:
Colmiencing at a point on the North line of said lot 8, 502 feet East
of the i1orthwest Corner thereof thence Easterly 80 feet; thence
South to the center of said road„ thence Southwesterly along the
center of said road a distance of 92.6 feet; thence north to beginning.
Containing 0.23 acres, more or less.,,
92. Jens P. Iansen
to
_ary Njewberg single
Doc. No. 719165
Satisfaction of Mortgage
recorded in Book 675 of i,Itgs.,
page 83 (See No. 90)
Dated June 24, 1914
Filed June 30, 1914, 11 :45 a.m.
,Book 797 of P.Itgs . , page 281
93. I -Lary Newberg, single
to
i"linnie Lundblad
Julia H. hall
Doce Uo. 529068
94. , In. the "`atter of the
;state of
::innie Lundblad,
deceased
Doc. 110. 1375439
i ortgage
Dated June 24, 1909
Filed June 24, 19090 12:50 p.m.
Book 623, of Rntgs., page 393
To secure payment of :300.00 .
Probate Court,
Tiennepin County, "-iinnesota
Case ro. 15655
Certified Copy Letters of
dininistra :ion
Dated September 15, 1913
Filed September 16, 1926, 4:20 p.m.
Book 262 of disc., page 46
Issued to Peter E. Lundblad,
Administrator.
95. Peter E. Lundblad
Satisfaction of I-Iortgage
as administrator of the
recorded in Book 623 of tgs..
estate of
page-393 (See 1o. 93)
iinnie Tundblad, deceased
bated. `Jovember 22, 1913
to
Filed :iovember 26, 1913, 3.:15 p.m.
i ary ile,rberg
Doc. 699397
Book . 797 of 111tgs., page 104
'
-ado.
96. Julia 17. Mall
Satisfaction of Mortgage
Harry A. Hall, husband °
recorded in Book 623 of Mtgs.,
to
page 393 (See No. 93)
iary ?'evibergg _
Dated November '21,, 1913
Doc. ado. 699398
Filed 111jovember 26, 1913, 3 :15 P ,,m.
Dook 797 of l.stgs., page 105
970 F. Q . ` ills on
'''arranty Deed
i,lla L. Willson, :aife
Dated June 26, 1913
to
,Filed October 29,,1913, 4:15 p.m.
i� inneap:�,lis, St. Paul,
Book 732 of Deeds, page 444
Hoc.eser and Dubuque
Consideration: 5;1,000.00 etc.
Electric Traction Company
An easement and right of gray
Doc. No. 692980
66 feet wide, being ';13 feet on
each s ?.de of center line of said
Company4s Line upon i *hich to locate
etc., a railway as same is now
surveyed etc., over and upon
following premises:, Lot $, Section 28;
also Lot 2, Section 33, Township 117, 'Range 21, said sum of �d1,000.00
to be paid when construction
work is begun.
I_
C!
98. Mary Pdewberg, single 1larranty Deed
CO Dated November 24., 1913
I,Iinneapolis, St. Paul, Filed November 26, 1913, -3:15 p.m.
Rochester and Dubuque Book 754 of Deeds, page 42
Electric Traction Company Consideration: t�'1,000.00
Doc. No. 696406 n strip of parcel of land 80 feet
in width over and upon that part.
of Government Lot 8, Section 28,
Township 117, Range 21 :,Test lying
11orth of the Eden Prairie Road described as follows:
Commencing at a point on North line of said Government Lot $,
502 feet Nast of iSorthwest corner thereof; thence Easterly $0 feet;
thence South to center of Eden Prairie Road; thence Southtiiesterly
along the center of Eden Prairie Road. a distance of 92.6 feet;
thence <tiorth to place of beginning and containing .23 acres,
=_- -e or less.
1-t is h-ereby understood and agreed that the shed now located on
ti -a property herein above described shall not be removed or dis-
turbed by said Traction Company. The above described land conveyed
is to be used for right of wa -by said Traction Company and it is
uriderstoo tna e right o way shall be sr off` s�ie -- herein
mentioned. "
99. ,Iinneapolis, St. Paul,
Trust Deed
Roc-iester and Dubuque
Dated January 1, 1915
Electric Traction Company
Filed Iiay 25, 1915, 2:50 p.m.
GO
Book 878 of I.Itgs. , page 165
Continental and Commercial
Consideration: "1.00 etc.
Trust and Savings'Bank,
To secure payment of x;5,000 000.00
rank ti. Jones, Trustees
30 years, at 5
Doc. No. 756515
All property, real, personal and
mixed, now owned by said first
party and all.which may be here-
after acquired by it, all its lines
as same is or may be laid out, with all lines leased and operated
by it, running from its terminals in City of 1.11ankato to and through
County of Hennepin, to its terminals in City of !Minneapolis, and all
terminal properties which said first party now owns or may hereafter
acquired, etc.
land to cover by lien of this mortgage, that certain lease recorded
in Book 157 of disc., page 5, and to include-all interest of first
party in and to,certain lease dated July 5, 1913, wherein the
Chicago, Great tIestern Railroad Company and E'Jisconsin, r�Iinnesota
and Pacific Railroad Company are lessors and said first party is
lessee.
1
100. 1"linneapolis., . St. Paul,
Rochester and Dubuque
Electric Traction Company
vs
I-T.inneapolis Trust Company,,
Continental � Co-Immercial
Trust and Savings Bank, and
'
llenr 11. Jones,, Defehdant
II Y I
Doc. i'lo. 924962
United States District Court,,
'.-in-
,-. 11 esota
Certified Copy Appointment
of Receiver
mated Duly 20, 1916
Filed April 22P 1919, 4:20'p.m.
Blook 184 of ',Iisc., page 183
Charles P. Bratnober appointed
receiver of complainant herein.
a
r,
Afti
i02. Continental and Commercial United States District Court,
Trust an- Savings rank and District of :innesota
Frank . Jones, Ccmplainants 4th Division -- No. 77 Equity
vs Certyfied Copy Order
'.innea p olis St. Paul Dated October 30, 1917
,71ochester and Dubuque Filed February 3, 1938; 1:50 p.m.
Electric Fraction Company, and Dook 367 of 1, isc. 9 page 18
Charles P. Bratnober as It is hereby Ordered: That the
�Leceiver of Minneapolis, resignation of Charles P. Bratnober,
Ct. Paul, Rochester and as Receiver herein, be and the same
Dubuque Electric Traction is hereby accepted such resignation
Company, Defendants to become effective upon the filing
Doc. j.o. 1920048 of this order and the turning over
i by him to his successor of all
property in his hands as Receiver.
That the final account so submitted
and filed br said Receiver be, and the same hereby is in all respects
approved and allowed and he is hereby alloyed the sum of ;6,000.00
as compensation for his services as such Receiver from July 1, 1917.
That the sureties on his official bond as such Receiver be and they
are hereby released and discharged.
it is hereby further Ordered: That .C., be, and he is
hereby appointed Receiver herein as successor to the said Charles :.
Bratnober, with all the poviers conferred by the original order
herein appointing said 13ratnober as Receiver and with all the duties
and obligations therein contained, except as such powers and'said
duties may have been subsequently modified or changes by any order
of the Court herein with respect thereto.
That the said .,larner is herebtr directed forthwith to file a bond
in the usual form in the sum. of ';;'50,000.00 conditioned for the
faithful performance' and discharge of his duties as such Receiver
vaith satisfactory surety or sureties thereon.
It is.: That said
ereby Further Ordered Charles P. Dratnober upon
er be, and he is hereby directed
the filing of said bond by said Warn
to turn over to said irTarner-_ all of the-property now in his hands or
in his possession as.Receiver herein. '
103.
Continental and Commerd a,l
Trust and Savings Bank and
Frank H. Jones, Complainants
v S.
Minneapolis, St.Paul,Rochester &
Dubuque Electric Traction Co.,and
Charles P. Brstnober as Receiver
of Minneapolis, St, Paul,Rochester
&Dubuque Electric Traction Co.,
Def endant s.
Doc. No. 1194732
United States District Court,
Fourth Judicial District
Certified Copy of Order
Confirming Sale
Dated 7u,1 - -].8, 1918
Filed January 23, 1924s 10:30 a.m.
Book 230 of Misc., page 330
Finds: That pursuant to Decree December 22, 1916 and Supplemental
Order September 28, 1917, master in chancery, as required by said
Supplemental Order Sec. 28, offered for sale the unsold property of
said Railway Company ak public sale December 18, 1917; that notice of
said sale was duly given as provided by said original decree and
supplemental order; that the master duly made and filed his report: of
sale which said report was dated and filed December 18, 1917 and in
said report the said master reported that he sold to C. T.Jaffray, A. H.
Jackson and R. B. Marchant as committee of note holds that portion of
the line of railway described in decree herein extending from Auto Club
Junction to Luce Line Junction without equipment with the privilege to
the purchaser of dismantling said line. of road and selling personal
property-and such right of way or rights therein as were owned by said
Minneapolis St.Paul, Rochester & Dubuque Electric Traction Co., for
the sum of 6100,000.00
And the Court further finds that the said bidders deposited with
Receiver the sum of $10,000.00 as required by said supplemental
order September 28. That the said bidders have duly assigned and
transferred to Minneapolis',Northfield & Southern Railway all their
rights, under and by virtue of said bid and have also assigned to
said Minneapolis Northfield & Southern Railway all of the collateral
notss described in bill in equity and in decree.
Further finds that the said Minneapolis, Northfield and Southern
Railway desires to have the amount of said bid, to -wit: #100,000.00
endorsed upon the bonds securing said collateral notes as provided
by paragraph 15 of said Decree of December 22, 1916.
It is therefore ordered, that the said sale of said portion of line
of railway extending from Auto Club Junction to Luce Line Junction
be confirmed in all respects in accordance with terms of bid as
set forth in said report of sale with the privilege to the purchaser
of dismantling said line of road as stated in said report.
That the master in chancery be and he is hereby ordered to execute
and deliver to Minneapolis, Northfield and Southern Railway- as successor
to C.T.Jaffray, A.H.Jackson and R.B.Marchant as such committee, the
bidders at said sale a deed conveying to the said Minneapolis, North-
field and Southern Railway the property covered by the bid at said
sale as hereinbefore set forth, with the privilege hereinbefore
mentioned.
Be it further ordered that the Receiver be and he is hereby ordered
to turn over to C. T. Jaffray, A. H. Jackson and R. B. Marchant the
said sum of $10..000.00 so deposited at the time of making of said bid.
Be it further ordered that there be endorsed upon bond securing said
collateral notes the sum of $10,000.00 the amount bid for the property
hereinbefore mentioned as provided in paragraph'15 of Decree of
December 22, 1916.
Continental and Commercial
Trust and Savings Bank -and
Frank H. Jones, Complainants
104, v s.
Minneapolis, St. Paul,Roche ster &
Dubuque Electric Traction Co.,and
Charles P. Bratnober as Receiver
of Minneapolis, St. Paul, Rochester &
Dubuque Electric Traction Co.,
Defend ant s.
Doe. No. 1194732
United states District Court
Fourth Judicial District
Certified Copy of Order Supplement
to Decree of December 22, 1916
Dated July 19, 1918
Filed Jan. 23, 19249 10:30 a. m.
Book 230 of Misc., page 330
(Continued)
m
(Entry No. 104 continued)
Ordered: That C. E. Warner as Receiver herein be and he is hereby
ordered and directed to turn over to Minneapolis Trust Company for
and on behalf of the holder of said Collateral Trust Notes on date.
of Option described in said petition, all balances remaining in hands
of Receiver after payment of operating expenses and claims accruing
prior-to May 1, 1918 including deposit of $10,000.00 made by the said
Committee at the time of purchase of the so- called "Cut -off" of the
Traction Company's line of Railway, extending from Auto Club Junction
to Luce Line Junction 'excluding however all moneys received on account
of operation since the May 1, 1916, said Minneapolis Traction Company
to pay out of such sum any sums due to the complaints -'in `this cause
and to their solicitors and to Minneapolis Trust Company and its
solicitors, It is hereby further ordered: That said Receiver
execute and deliver to said Minneapolis Traction Company for and on
behalf of holders of said notes a bill of sale of certain box cars
heretofore ordered by this Court to be sold and an assignment of
all the Receiver's interest in any outstanding contract for sale of
said cars.. It is further ordered: That the decree hereinbefore
entered, December 22, 1916 and supplemental order dated September 28,
1917, be and they hereby are supplemented and modified in following
particular only: It is ordered that Howard S. Abbott, master in
chancery, offer for sale, at public auction, all of the remaining
property of Minneapolis,St.Paul, Rochester & Dubuque Electric Traction
Co., including the line of railway from 54th Street to Northfield and
all right of way including a right of way from Northfield to Faribault
and all real and personal property of every kind and nature belonging
to the said Traction Company or in which it has any interest. That
the said master give notice of said sale by publishing same for one
day in Minneapolis Tribune and Minneapolis Journal and that the said
sale may occur within reasonable time after the publication of said
notice but not less than Five days after such publication. That in
any sale that takes place pursuant to terms of this order the
property shall be sold to the highest bidder therefor, -and in event
that the property is purchased by holder of bond described in Decree
of December 22, 1916 such purchaser may use and apply the same in
making payment for said property as provided in paragraph 15 of said
Decree of December 22, 1916. That said sale shall be reported to
Court and upon confirmation thereof said master shall make a proper
deed of conveyance and bill of sale of all of the property so sold
or to be sold that the receiver herein shall join said deed and bill
of sale. That except as changed by terms of this order the provisions`
of Decree of December 22, 1916 as to method of conducting said sale,
distribution of proceeds and other cognate matters shall apply to
sale provided for herein.
Continental and Commerdial'_ United States District Court,
Trust and Savings Bank and Fourth Judicial District
Frank H.Jones, Complainants Certified'Copy of Order Accepting
105, vs. Resignation of Charles P.
Minneapolis,St.Paul,Rochester & Bratnober as Receiver, Allowing
Dubuque Electric Traction Co., his final account as such, fixing
and uharles P.Bratnober as his compensation from July 11
Receiver of Minneapolis,St.P'aul, 1917 and appointing C. E. Warner
Rochester.& Dubuque Electric as his successor.
Traction Co..,. Dated October 30, 1917
Defendants. Filed January 23, 19240 10:30 a.m.
Doc. No. 1194732 Book 230 of Misc.,.page 330
hereby ordered: That the resignation of said Charles P. Bratnober as
Receiver herein, be, and the same is hereby accepted, such resignation
to become effective upon filing of this order and turning over by
him to his successor of all property in his hands as Receiver. That
the final account so submitted and filed by said Receiver be and same
is hereby in all respects approved and allowed and he is hereby
allowed the sum of $60000.00 as compensation for his services as
such Receiver from July 1, 1917, That the sureties on his official
bond as such Receiver be and they are hereby released and discharged.
(Continued)
(Entry No. 105 continued)
Further ordered: That C. E. Warner be and he is hereby appointed
Receiver herein as successor to said Charles P. Bratnober with all
the powers conferred by original order herein appointing said
Bratnober as Receiver and with 411 duties and obligations therein
contained except as such.powers and said duties may have been
subsequently modified or changed by any order of Court herein with
respect thereto. That the said Warner is hereby directed to file
bond of $50,000.00. Further ordered: That said Charles P. Bratnober
upon filing of said bond by said Warner, be and he is hereby directed
to . turn over to said Turner all of p -mpert � now in his hands or in his
possession as Receiver herein.
Continental and Commercial United States District Court,
Trust and Savings Bank and Fourth Judicial District
Frank H. Jones, Complainants Certified Copy of Decree
106. vs. of December 22, 1916
Minneapolis,St.Paul,Rochester & Filed January 23, 19240 10:30 a.m.
Dubuque Electric Traction Co.and Book 230 of Misc., page 330
Charles P. Bratnober as Receiver
of Minneapolis, 9t.Paul,Rochester &
Dubuque Electric Traction Co.,
Defendants.
Doc. No. 1194732
Ordered, Adjudged and Decreed as follows:
1. That at time of filing of bill of complaint in said action by
first parties Charles P. Bratnober Receiver appointed by this Court
was in possession of all the properties described in bill of complaint;
that all of material allegations of said bill of complaint are tvae.
„2. That mortgage or deed op trust January 1, 1915 to said Continental
and Commercial y Trust and Savings Bank and Frank H. Jones as Trustees,
was duly authorized, made, executed and delivered by said Minneapolis,
'St. Paul, Rochester & Dubuque Electric Traction Company and was
recorded in all of Counties, through which line of railroad described
therein passes; that a true and correct copy of said mortgage or deed
of trust was filed herein with filing of said bill of complaint and
said mortgage or deed of trust became and was and still is a valid
first lien and mortgage on each and all of properties therein
described which properties are more particularly hereinafter described
and referred to. That said complainantwi at time of filing of their
said bill were vested with all and singular rights, powers, privileges,
which were in said mortgage or deed of trust and by terms thereof
conveyed to and vested in them and still are acting as trustees
thereunder.
3. That after execution and delivery of said mortgage or deed of
trust and prior to filing of said bill of complaint said Minneapolis,
St. Paul, Rochester & Dubuque Electric Traction Company duly made
and executed,as it was authorized to do by said mortgage or deed of
trust one temporary bond of face of $1,000,000.00 and the same was
thereupon immediately certified by said complainants and by them
delivered to said Minneapolis, St.Paul, Rochester and Dubuque
Electric Tration Company; and said bond is now outstanding and no
other of the bonds described in said mortgage or deed of trust have
ever been issued.
4. That immediately after its certification by said Continental and
Comner'csihl Trust and Savings Bank and its delivery to said Minneapolis
St. Paul, Rochester and Dubuque Electric Traction Company as aforesaid
the said bond of face value of $1,000,000.00 was pledged by said
Minneapolis, St. Paul, Rochester and Dubuque Electric Traction
Company with the Minneapolis Trust Company of Minneapolis, Minnesota,
as Trustees under a Collateral Trust Agreement, January 1, 1915
to secure an issue of Collateral Trust Notes of said Minneapolis,
St. Paul, Rochester and Dubuque Electric Traction Company, January
1, 1915 and Aggregating principal sum of $750,000.00 said Collateral
(Continued)
(Entry No. 106 continued)
Trust Notes bearing interest 6% Semi. That it was provided by terms
of said Collateral Trust Agreement that when interest should have
been duly 'paid on said Collateral Trust notes thereby secured, that
said Minneapolis Trust Company as Trustee, should detach from bonds
deposited and pledge thereunder the interest coupons pertaining to
said bonds which should have matured on or prior to date of the
maturity of interest so paid on said Collateral Trust Notes and should
cancel such coupons so detached and should deliver the same to said
Minneapolis,' St. Paul, Rochester and Dubuque Electric Traction Company
or should endorse payment of such interest upon any temporaby bond
or bonds deposited and pledged thereunder being the temporary bond
herebefore mentioned. That the said issue of said Collateral Trust
notes was duly sold by said Minneapolis, St. Paul, Rochester and
Dubuque Electric Traction Company upon market and are now issued and
outstanding. That on January 1 1916 the said Minneapolis, St. Paul,
Rochester and Dubuque Electric �raction Company defaulted in payment
of interest due on said Collateral Trust notes on said day and also
on said bond of face value of $1,000,000.00 in this that there
became due and payable on said day as interest on said Collateral
Trust Notes and on said bond, $22,500.00 and no part thereof has
ever been paid except $14,280.00 and that each of said defaults
has continued for more than 60 days prior to filing of said bill
of complaint.
5. That on July 20, 1916, Charles P. Bratnober was appointed Receiver
of Minneapolis, St. Paul, Rochester and Dubuque Electric Traction Co.,
and is now in possession of said property.
6. That on August 1, 1916, . Minneapolis Trust Company requested in
writing that Complainants herein declare the principal of said $1,000,0001
bond. Declared 'in writing to said Minneapolis,- St.Paul, Rochester &
Dubuque Electric Traction Company August 23, 1916. Thereupon complain-
ants became authorized to file said bill of complaint,' etc.
7. Now due and owing from said defendant, Minneapolis, St. Paul,
Rochester & Dubuque Electric.Traction Company upon said Collateral
Trust Notes $75,000.00 as principal $52,778.51 as interest and additional
sum of $250.Q0 allowed to Minneapolis Trust Compan as service for
trustee under said Collateral Trust Agreement and 11,000.00 to said
Minneapolis Trust Company as fee for Attorney and solicitors fee
making in all $803,960.56.
8. That prior to filing of said bill of complaint written lease
July 5, 1913 wherein Chicago Great Western Railway Company and
Wisconsin Minnesota and Pacific Railway Company were lessors and
Minneapolis St. Paul, Rochester & Dubuque Electric Traction Company
was lessee mhich said lease is described in said mortgage or deed
of trust was duly cancelled and no longer subject to lien of said
mortgage.
9. Decreed that there is due $803,960.56.
10. That on or before May 27, 1917, said sum of $803,960.56 shall be
paid to the Court, together with interest thereon and Clerk's fees,
etc., said Traction Company may apply to this court to be released
from operation of this decree and foreclosure sale herein contained
upon payment of amount herein adjudged to be due any undertaking
which may be given by said Traction Company for above purposes
shall be decured by lien upon all of its property described in said
mortgage or deed of trust which lien in such case is hereby charged
upon such property, said instruments to be recorded as Court shall
direct.
12. All moneys received by Receiver derived from sale of equipment
etc.,, made pursuant to above order may be applied towards payment
of said sum.
13. Howard S. Abbott, Master in Chancery to sell all property in case
that defendant does not comply with said order to pay said amount,
to be sold together as one property. Provisions for giving notices
etc.
14. Provisions as to adjournment of said sale.
15. Purchaser may use said bond of $1,000,000.00 only up to amount
then due of said Collateral Trust Notes and said allowance to said
Minneapolis Trust Company.
(Continued)
(Entry No. 106 continued)
16 If total amount due on said Collateral Trust Notes shall be re-
ceived From sale then Master to cancel same, otherwise to mark on
same amount paid off, in case of cancellation provided for disposal
of cancelled notes.
17. Directs expenditure of money received from said sale.
18. In case not sufficient received to pay amount herein adjudged
to be due for principal and interest on account of said Collater-
al Trust Notes and allowance to Minneapolis Trust Company Receiver
shall pay over all sums in his hands deriLved from sale of equipment
etc., of said. Traction Company covered by said mortgage and it shall
be applied to those purposes.
19. Said Master to deliver deed to purchasers on confirmation by
this Court.
20121. At time of No. 19 said Receiver shall re- execute deed to said
purchasers. '
22. At time of No. 19 said purchasers to take possession and any other
.person having interest therein to execute deed to said purchasers on
order of court. eiz-A -a-
23. Unless said Traction Company be relieved from tris det any,
all parties claiming un:ler it to be foreclosed from equity, in said
premises. t,
24. Master to report to Court all doings in premises after said sale,
as soon as possible.
25. Court reserves right to pass on said sale.
All right to determine all questions relating to rendering of de-
cree for balance that may found due to said complainants as trust -
ees� over and above procee s of sale herein directed Further reserves
for consideration all mad s not herein provided for.
26. Property hereby directed to be sold which has been reduced to
and is now in actual possession of Receiver is as follows: All of
the line of railroad of defendant, Traction Company now owned or
operated by it running from its termination in City of Minneapolis,
nennepin County, Minnesota, through Counties of Hennepin, Dakota., and
Rice in said Minnesota to its terminals in City of Northfield, Rice
Count, all branches, additions, and etc., from or to its said line and
all terminal properties which it now owns or in which it has any
Interest; all right of ways including its right of way extending
generally in a Southerly direction from said City of Northfield ,
to a point near the City of Faribault in said County of Rice; all
station and depot grounds, station houses, warehouses, friih_t houses,
engine houses, car houses, machine and repair shops, shed and all of
Its other structures of every kind and character, all telegra.bh and
telephone lines, including all poles, wires and instruments which said
defendant now owns or in which it has any interest; all road beds;
tracks, tunnels, branches, spurs, double tracks, turnouts, switches,
sidings, turntables, stringers, rails, ties, etc., now owned by said
defendant appurtaining to said railway and all equipment in connection
with said railway all operating lease of said line, grants, easements
and leases covering terminals, etc., and all instruments regarding said
leases, grants, etc., powers and. privileges thereunder; All tracts or
parcels of land of said defendant in either of said counties, etc., etc.
All interest in lease Book 157 of Misc., page b.
Court
71 ric
107. S
av'll 'z;
1 .41 4
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_1.11 accordanco I , - - J. Q 1.
9, A. TD. i93 LO, notico of oafld c "110 f-iVon Ix., 0 b-7
"or ono `a-,-' on c 7u.1 21 A. T). 1'1 C a P o I i
rogalm I i3suc"'. an..,"l, a 1.-onoi�al
acwopapor printc-,
:,c,",mcp:Ln, 'tato of vs. 1 .1 11 C.,
a 0"
al
nouLcc C.Ll PU'1111311r-�.q co,tal., , 1-1 IIJ.- -1L. 1p";io. -,
,onc)
to bo ocld,, wi t l a s t a t.o, m c, n t of t p1aCC of
(con ti I I uod'.)
(?oa 107 continuer)
a:1'., a reference to Said .�C3C 'C'.G O i.'o 'eC3.O ,ur'e C2i' `, � C , ua;
r• , 1 -- o♦ ,�9 -s.' • 4• �� ! ,•o -�i r1 q '1 (•' i •�' n1�4 }' -� r• "1 -i ,y
.�uj7.�.,.( iC:,3t{. _ Oi ..aC3I a�
oa' O c+11_'d.y � 9, 19' u, �s or a ;'Oro `�. art:icul ar o. ;cam :l�J ion ow' tho,
propC:i'tio0, o bcuo °! p ai'.'.`' f'r' »' -a o taIV- o"., (" 11 t; oI, t:13C? tai•: �; ct1Z ? Cali ° ::'� O]1J
O.' :ir:iIo. `_'1l a f ". uV 3 t o f �lO.;icC' O,. oa--1 o 11
o ^:� . , +1 o rti n ae s .1.o �2• r C ��. i r•,� . �,, .T f3 "ft r
�.,i::l.•. - �.,3,2Ce..pO-16 :�., .2 �.Ut,1T',�, w.,� ;.,�_,,: G�''� e.1L't(.i i1 ...;, .: e'li 1:C�i ,:._ Iit1:t .. , e.:.3:p
i a c a part; heroof, a Buie no'W:i.Co of .`'.,ca c I:)c'a;:L, Aaub'_i3llc`_�
. t1�,1 1w:3 Va �3t?
)
.;� �ribuna o:. uuiy .ti, .
' ay:
N
('' a o 107 contlinuod )
on the w?n,:a ::lay of "ece: -ib o, A.
�.;1� G, :i 22 t11� above rllt�t3 e 3
cau c un tile 3UT"p c,. c1zte,l c��'_ c�• . � «1 ;jaiu, cau.. e a 1e an(l entered
I'MI'C`.11 On tho 28 411 .lily o.`,.' t%t:l %itc: 1bc,L' 7 9i %, a'I21i:a the
su1) j)IC :iC?,nI",a 1 0Zr"Ior ".11 0a.:i, C%.U0C li;':.io a n 0p, 0 r 0 10r0 11 a 011 t11C
19th aay Of a1U-1y, i;o
Ja.iL '_i .JO 'aLll •./l.rt� 41tT'-or -_Ini ^li4inLt ry, `: :p4cssly c-ppointo'cl o" "* i
' .- "T l l bl is aauc do 1 �o vae laighost b i ldcx
ti 3a1�/ l7li?' z�O.IC',, CJ f .:.. ;. CCW� at i1i.1T'� t , �r ) � z
n ��; •`err, for " 11, -' as d " l'.ti. .. ..Ii Jaa.:.rl ',iricroo all d supple- Cl1tial
nl k3.7. ..0 J .:01, Ca.;.i Oi c U t�i')V:.;.1 ( , � C ".� �.
ox•c0r3 � �:, tl.o fro12t rioos° o ,11f3 `' ti} ^L oa e of ?cz.zne r1 County,,
in t1le ' ty o "+ ".'. ^11T2capdJi.is y . Qi2Y "2C.��:Zi7 ` aunty 3.'`1':.i .i v .l e �n�' ..'.�.T1i1G.^,Otc'l.y -
n17 0 "1 i tiYg file 29th icy 0� a;:l' yg "o D 9iL at tha hour of. 10
o $c o-, i:. t11e 'Oronoon, a, t -ho r L-ht,, tit - e ant I ' equi t:y 0:` i'cc e `p3
ViU4d L/ry l /hc i11o1. 1 %nc l..iY1V, �1's i',.+Ci.11,J ��,38 ti ✓1i UYII,. i.UCllc,..1 `. /Cr al:F1 lJ.1/uC1444
.y l `i r, r, ,s
�., 2i _ t;� t,lc? 'Jl OpG?.. ta.�:.i, ra.�l1L- v pl
._':oni; i o "feu in wa1.C. ':.ICcrcc ai2' # O'D i :.l ,,-Up,11 .0 -::E Ylt.arl3.
OI " ".tJ2 ,.J 'an. , G'..tal aCC.',.I in .�..,�.�..: COVC.�'�.;', by ti2C, < OY % "rUjaC' OY' C#.�CCa Cl�" .
` T l', r: y 1, '915, of the '71".?capo�._..^.r7 ito '3t:L2� A ^ >0{:13E' J�:E3Y'
a ,b3aruo "; ectric 'z r :•'�-•? ' °2y 1;o 1.110 Co -, "'' �1 �- � " "o, ,2:1e:�ci�1;.
a£. �. 0 0. ji v aa:r.t.nE> l -a, �:
r / V l :r :'iav y r iant: on aj y • 70 �VJIV s, , cy N'. I O .0 r0 j 0s
t...l .0 y /1a.]. V bee- d o�a. ; ♦pC'.�i.,��� b�: c...0 t.: �ry /dy l..c W,� said +. :.�rG L-•i. Y ��%A J`�1.,� er..aa '
e`, j,� "r ';' , f- n �? f'a. Paull
'1
_" ti,11C _ 3 O1 k Si.L ti:
of ,iiC? , t G.1 .;i .: / .' i11 La ii•3� '� 3 8 ,:� > o u11l y
C1' all'' :11UI1C��alc? C; 0- .G sa VI,. .: 1pa y, s10'1 Opc�12Ct. or,
0 C::^c;ltt -''1 by - ruIlnLilg :14.t:,0 ul or, ii 1;C;il's in tlilo C:i ty Oi' '.ill,lo- pal i is
7 ^, 'i f• 1'' ,. . �u 1. ry ♦. v. rS r r ', � -�� • p. ,
YO to a.. Lt.. 1 �` �� co r <- e- o • i 'i
y $ �' 7�i Lli1v7 u :iC'22,1c2p�2 ,
I C C, I ie Ju'! ,..• >`l . Oy ?. ipe Ci emu➢ ? «»a y �c:w vi10 c':.ty
0 .' ; 0.r't11: '" Old., '.in cai -` 'OUuI%., Y o.;. "I -I C r a1 1 b 1. , '? t:; 021:3 all-it or vo -:: ,LJ 3 izao L11':L all `o:w— 1 12u1 pl'Ot V�l''t;iC i
•' v. r� 2' i t ri !+ c r •1 ri .n `, b. q a%' } r, I,
0�.'i1 t� 1 :.a2 ± Ca: a V ala..,:, a�i1; a..�,: 3 O > all x .i€ h-,.s o.�.
w,- U 1';0 °z _it , y E: czGyra3:�.y i1 >out:e^ly 1,
o a po i1 .cr r lC"Ct10.1 1 cai city o_,' °O ^ i ty o'
i'11 -Said County 0 ' Q_.jL s ai V i 0r a .y a ..? ✓ p0 V rU 'Otn.'s
,
r
11aJu:.;cs, w, rc; hou G:1, y'1'�'' ,:1 +> z104 oco, E .[,.- no hou:3ec, car
9
,.1;.;u1 o y . "aC1 14 n c < ^:1:.; 1;'C11c,.+1" 01 0) sg =11C :i, a I-III a:i '0 ' xst:s 01.1aC::1,'
{ -.:� ,1l•r'I �''' �y t rrt �r.'i 1 •i �i r, lw�� li 'i w. `i- 9rn r� n /'l h ? , t1 Z
i._.s,. r>C....(:� .. a.1�sl L2.114 a/e_LGj7IIQ ?1C,
.t yr �'I
(7:o.107 coatinu'cd)
11
thol-of ron (a) that Port io'n 0' t110 2.4-110 Of ra.i_lwav, f-1-on
.Uto Junction -'Ulo Luco LUI-Ac JU,.1c*, _",)n,, ch ';,--o
h,cr t0fore, On the 18th t v o', "cc0!',borjQ --l71170 offcrc,(,& 1.x,
and soldo, and (b al! ca-0h 011. h.-r;,i ec:id',
I z
'VQC(A.Vab"0- ori-inating Qluriiig ti).(,,, T'cccivcr-S1vj1,-p. (a) cn,! (b)
".4
not Or Proport-IC0 - 0 for Sale
be inclu,"'Od 'a 11
at tl 1 0 i!.".o.
CaU30 ('..)v any `�'!ivIL'ual, corporation, accociation
,�.Iy Part", to I—
ol, I; n'i; c r tl c d, `;.I-1 "a.2,1- ..)ropc_rtics, vfhct-her ao a bon,_I-
-lay bjrl arl., Purchase
0"" 0,W C:1, , _'-duo . . -A
Such oai -0. holdinc *ao purchcood in 11al's or t-- - rf, glil;
from any ,�.-rust w4v:tcvc,-,•,.'.
"aotor will O,L-,kcr Zl"Or
c1c, as an entiroty'o as 7l-1c, proport*y
anrl not ac, ocparato p"rec'o, all ()�g the 'above propertics-, r6a"
peroo.nal 'an- mt-m(.11. 'an'! all o-f t'll.,ic po,, `m=, riL71a-1�1-s,
an-d fmnchic)cs o'� cvc-ry �,:Ind aml 1Zcscr-*4Pt-.1.,.)n �4
forf.-Oh �,bovc.anrll morc partl cula"'o a- Soo 1�
y A� -1
Y lc�;cribc,' in saiJ docree
of, forccloourc, �,nd - ral c th4c"l-of2. , O",tl, Whiat of t--ho)
�a �,U ine 'Unct� on,
4 railway C to"'. 11.�,.,tp: A U'. 0 ;un-tion - 0 - c c
Ifitaouil- ("quip.,.'ent alvI C1.111.13il or" lian,_� bill-lo rcccilvabl,
tllc 70c 6:1vero hip, w1i'Lici1 be d`(" Pro-
o forcal or szalc'. c j
aD,)rov,al 014 tho cour".-IG
aotcr -nay, in his a.-Ijourn tll-w, Ca_,_c rousmn-
ti:.,() -that :t.-Iay 0-com t-r.) Ili- E�"nr_V_ all_ by PUb._!ic1,:y
(:a ,41- at 'U"110 tirl:x� ap"pointo."' for OU-i-.1 sa'Lo : ;Uc,.,).
anll Placo to .AACII I-0110 ,y
1-I liko, uanncr to ti.,;1c Z..Ijr-Ulrn 'such 3,2L G'
L v C, r t 0, - -, n t
"ho PU1,01moor Of thc PI-m)(jisty". by 1cavoc ac to bo cjol
-14- for tho Propo--ty pz",Chacc_v usc aln.! apply t"c bon.",
Y c Ccoptc-1
0�, -),).00 in sai, 2c;.crcc bu��- tho sa 0 311'a-11
uip, to the a,:ount o.17 t1icn Co in ,atl t-.1ccroo a 12111
1 and in-crest o� t.Ai-, co', atoral
1) C _Uc -
OYIICYICI�v UT a-count Or pr =:Lpa L �a
Iotc.,; crl,l the "o `o. P:ray -Is
1 Y
. 4 11 �cf; 11"Ort'll an"11 140crcc n_. -forcclocurc -n'
"'i � I
• ill 1) bc,i�' t,.,1,.othcr -Ic� 4 w,re' to t',c� at ,,l c �-i Cl C� Y '
suio or
M'U).JCquontly;. shall be rccoivod at sucla pl-ico o::', valuc, as Shall be
14- the -.-I �j hich w ulti, bo payable t, c ter-s c)"
oquiv,_.�',. cor 10
-1c -aid bon�,I, out o' -,-he not r)r-ccod- 04, -he
_cc-ec. c. h c- Iaold .- o4" .4 v j - U
char c
i'IW1311:111 r
a Z'U--ML,11cr assurance L. 7.. ilc puc Pur ors, =S L; 'r
UtY'.),11 tho cr)772plC11.1ion an"I con_,r'ir.-,aC-. ion by tho 'ourt, olC* any 1-alc
a t1,,i,,cr an.d in .,.mar•uar-co, to saic"I ,-Ic.cr(-,c of Corcclo.,Jurc Qncl Salc
c cuto an! 1clivor to 4-he pur-
4_1 SUIDPIOrlon'Clal orcicrsq ma"
CL'a3or or Purchaice- 3
o_, r,,n-?d -oroocrtic,, ( Pronor c` c c, cmwcyanca
4-.11 bi 1 of" a a' I c ar.l all oT T)roncrty 310 Solkll 111 %1111ch L'n.-,
- -,, n * t 11 1 v
b -1-11 e.)-,'* Oalc the cccivcr hmrciri snall Join.
tho )UrQO_ - '? C) -io o" ca .Iccroc ol Fore- -
1 so Of Onforcing t"I , isioj L A-4 , J.
c 1 o,.,, ur c and �;alo, ju-.13,j.ic,;.-Aon ol�' 1C.1.1c czausc -is rc-*Q-n*.;,ncd by the 7r).urtv,
,v%'I._Ich roCerve's fm- CO-1131deration. :aeon t1lo co,•;in- in of saLll -a ,torso
r(,,,,)-)rt Of all mat-,.-cl-c V t1110 a.ICCWacy 01 ZIlc
ro3crvo-, '., . 1,
wic, rign�; -C,A3 a, con.,` it nn o_-" 1-,ho accoptance of any bid
u,-,-)n. "opplication. -To'l- t,he c0 f-,l y a, - to cuci
upon 1L.-h-c purchaser as 'U:ac "ourt =y Cco fil"C", all_ ro.Jol.-VO.", t1lc
-o rojoct any bid ancl- t-n o_1. . '�! rc_ -0 tho
r.l.t;ht t
purchnood, if the Court oha' - loc- --mch, iii,-1 Ina,'oquzatc,, or w ozi .tho
(co: -C, '11-lucu, )
(o. 107 continued)
L 41; U 011'a-11 lla.vc,
A. ailum; o.f any bi,1,'cr insc bid 'ic -aster b(-,cn
ir c a—, ral- 1 by Cour, 1-he pa,,)-.:'Cnt of th-o
C 01:� kI
%
L" iro
1cc',
Di-
pu';'CA "S", I I I 0� %,�10 3 1C, C U I Qj
"tip U on h,��.-cin roquirc,` to be,
n,r,; c�- c C. 0 i�ic u n J-,, the On'; 1"
TI o I�7.jn L;O rcoczwoo full jurl"_Iiction
an, a
or -�c(,�rcc to onf*orcc -1-12c
a2 .y orl-_cr.,
of -aid Ic-rco a-alnz;t any ouch 'u1cfault-ing pul-chasar
J u Ly 19.
�3 i 0:,
al. t".Ac 1'Iocrcc 01, J'_',%.(-,c an-.1 Oale Lad by
11 . ". -hQ 'iol-ric-
1-11- 'ourt of of 1.:'',t rilca r
oi-1 t4c 22n,-2, of Dccc---bor 1 _C.
our l LJy
by tic
L"ov'o 'at I,;" cau.,.�C, ohallL, o ca pt cs cliarg_
Lj A.",
." c .�! or -horc"n in 'a , Z_, a p Y
t, -4r)n o"
0 c at•cr," a
C U
C, can I'lic ncal.iure,
.4, .4.
-2, a 'o to tho
A c o h, -eby
C'1�'�7,4 0_.1
%.,_` Ccrcc OL" Lan.d Sale, Of sa.-IcA COUX-L,
-icntal
0' `Ccc,:.Ucr$ 9
�1 c 22 1 711a.;r an,] 1k,
0, r tS,c _)1;11 c)-a- of Ju Y 1.9-L
in tlh.o. office o' tho
o, aal r), ren,-)r"
tll(,% ;a C� -,at now on
7"'.?rIz 0- for the i ot. r i c t o f
jq � Amncloot-a.
�j _.3
SA_
c a o u p
:3. 1,,bbo',;
ome
a 1;:)C!* 00 Lrlu pp.6 -ntal Ordero,
)ry., in
-A, sale
appo:Lnta'! it °7 c. Sc L p
U ri all
and
,)I C"' C)
L, a,.,.d r,,on1,A_ono1 Alicroin ar�c not al t, t a c h c al
il
108. Continental and Commercial
Trust and Savings Dank and
Frank II. Jones'
vs
Iinneapolis, St. Paul,
Rochester and Dubuque
Electric Traction Co., and
Charles P. Dratnober as
receiver of Minneapolis,
St'. Paul.' Rochester and
Dubuque Electric Traction
Co.
Doc. No. 2063083
United States District Court
District of Minnesota, 4th Division
L''o. 77 in Equity
Certified Copy Order Confirming Sale
Dated August 6, 1918
Tiler'- ovember 13, 19409 2:50 p.m.
Book 395 of i!iisc., page 533
Ordered that sale for '4,350,000-00
made I-
V :Towart T. Abbott, :.aster
in Chancery on July 29, 1918, be,
and the same is in all respects
confirmed, and the receiver in
the above entitled matter is
hereby authorized and directed to
turn over to the T,�inneapolis,
dorthfield and Southern 4'ailway
the property covered by said sale
and all thereof -- - - - - --
109. Continent-,al and Con;nercial
United States District Court
'I'ru t and Savings Tank, and
District of Iirinesot�
Frank T. Janes
4th Division -':too 77 Equity
Vs
Certified Copy Order Confirming Sale
Tinreapolis, Paul,, ,
Dated !august 6, l;�l8
Roehest— r and Dubuque
riled August 2, 19440 2:40 p.m.
Electric Traction Co., and
Dook 448 of 111isc.9 page-24
Charle- P. I ratnober as
Ordered that' sale under decree
Receiver of iiinneapolis,
conducted by Iloward T. Abbott,
^' i'wul, I'ocnester and
'.
:� aster in Chancery, i-Kiich occurred
Dubuque electric Traction Co.
on July 29, 1918, at Whicl sale
Doc. Io. 2244277
the iinneapolis, Northfield and
S out'lern Railway purchased certain
property fully described in the
report of sale for :; 350,000.00,
be and same is in all respects confirmed, and receiver in above
entitled matter is hereby authorized and directed,to turn over to
the said Tinneapolis, Northfield
and Southern Railway the property
covered by said sale: and all thereof.
110. Secretary of State (Seal.) Certificate of Authority
to Dated�October 7,,1935
It Concerns piled October 9, 1935, 12:20 p.m.
Doc. No. 1 132''j3 Book 370 of disc., page 134
That I•iinneapolis, Northfield and
Southern itailway whose corporate
name in 151innesota is as above,
a corporation of the State of :south Dakota, incorporated on the
21st day of June, 1918 wil,U11 perpetual existence therefrom, and which
maintains 'a registered office in the State of iinnesota at No. 730
Iiernepin Avenue, in the City of'I- Iinneapolis, County of Lennepin,
has duly complied with the provisions of the Minnesota Foreign
Corporate Act, Chapter 200, Lays ofinnesota for 1935, and is
authorized to do business herein with all the powers, rights and
privileges and subject to the limitations, duties and restrictions
which by law appertain 'thereto.
r
I
IIl. Howard S. Abbott,
Naster in Chancery,
C. E. '.Varner, F.eceiver
to
K.inneapolis, Northfield
and Southern Railway
Doc. :pro. 1189433
Receivers Deed
Dated. !.ugust 6p 1918
riled December 24, 1923, 12 rig.
Book 1036 of Deeds„ page 275
`Pncreas, the '. inneapolis, St. Paul,
Rochester and Dubuque-Electric
`,raction Company for the purpose
authorized by its :Articles of
1'ncorporation, executed and
delivered`to the Continental and
Commercial Trust and Savings Bark and Drank ii. Jones, Trustees, a
certain mgrtgage or deed of trust dated January 1? 1915, to secure
an issue of its bonds to the aggregate amount of 5m000,000.00,
;1,0009000.00 of which mount was issued in accordance w th the
terns of said trust dead, and
said i,_inneapolis, St. Paul , Rochester and Dubuque Electric
Traction' Company having made default in the payment of -the interest
1,lich became due on the bond secured by said r.nortgage or deed of
trust, such proceedings were hal in a certain cause in equity pending
izz the T.,nited :Mates Di.- .-r ict Court for the District of 11`innesota,
firth Division, wherein the Continental Trust and "avings Bank and
Frank 141. Jones were co mplainants P and the Minneapolis, St. Paulo
Rochester and Dubuque Electric Traction Company and others T,-ere
defendants, that a certain decree of foreclosure sale e:as➢ on
December 22, 1916, duly entered in said Court and said cause,
V.,n rein and whereby it eras adjudged and decree: that the. mortgagee
premises, properties, rights, privileges and franchises should be
sold as provided in said decree and the -suppleilental orders made
and entered in said cause on the 28th day of September, 1917, and
t';c 19th day of July, '1915, and
''lzereas, in said cause pending in the District Court of the United
States for the District of T.-iinne sota,. 4th Division, a receiver of
all t °sly: properties,, rights, privilcges and franchises of the
:w.:rneupolis, St. Paul, Rochester and Dubuque Electric Traction
Commpany appointed, and said receiver entered into possession
of said premLses, anti
hcreas, 'iot;ard S. Abbott, one of tie first parties hereto eras,
in and by the decrees of the District Court of the United States
for th.: District of Tinnesota, 4th Division, entered as aforesaid,
appointed -?as ter to make and conduct. the sale of said mortgaged
rremises, and jointly with t e receiver of said defendant,
irine apolis, St. Paul, Rochester" and Dubuque Electric Traction
Coi oan,,r to execute *:Iad deliver deeds of conveyance and bills of
sale of''t the properties to be :cold , to the purchaser thereof upon
the entry of a decree confirming such sale thereof and upon" payment ,
in settlement of the purchase price bid, as in the decree and
supple ::cntal orders in said proceedings provided, and
?iereas, Iiowcrd S. Abbott, one of the first parties hereto, in
pursuance of said decree and :aid supplemental order of September
?,, 1917, at-, the front door of the courthouse of Hennepin County,
r - r _
in ttize City of tlinneapoli a, 'Hennepin County, and State o�. ..innesota
on Tuesday, December 18, 1917, did duly sell at public auction to
C, T. Jaffray, ,1. H. Jackson' and R. H3v r.archant, as a corWraittee for
t e holders of the collateral notes secured by the . bo -nd for
1,000,000.00; that portion of the line of railway of the ',inneapolis,
Paul Rochester and Dubuque Electric Traction Company e�tenrairg
f-. om Auto Junction to Luce Line Junction without equipment for the
;ram of x,100,000.00; said commit tee being the highest and beat bidder
(continued. )
1.'
('Io. 111 continued)
at said sale due notice of tha time and place of said- sale having
been given pursuant to said d,,,.-crne and ;>upplement al order of
Septer.:ber 28, w37, and accordin" -.;o lu:�, and said decree and
upplement 1 order having been co plied with in all thing;_- relating
to- said sale; there being no bids for t1ne other propertic of said
1',-innca polis, St. Paul, Roch:estcr a •.n 7 Dubuque Electric Traction
Co,npar.y, offered for sale at saiw ti .e > and
`!hereaas, on the 18th day of Dcce :ber 1917, Iio:rard S. Abbott, one
of the first parties, hla, ter as aforesaid, did duly make *and file
his report of said sc.le to scAd court., which said report and the
s .le therein reported, upon die notice of all parties, eras, by
decree of said court, duly confirmed on July 19, 1918, and
`..i',c: eas an as si.gr..ment of all the rights of said committee\ tress made
and "filed herein on July 19, 191
8 t;o . inneapolis, Nlorthfield and
Southern 7Za1,1.,7z f and the other confiz.ning said sale of December 18,
1917, confirmed said assignme nt and directed said Iioward S. Abbott
as pi t _-tcr to execute and deliver to said T Minneapolis, Northfield
and Southern Railnay as successor to C. T. Jaffray, A. II. Jackson,
and �. 3. 1I R. as such cc)rl?ittoe, the bidders at said sale, a
deed conveying to the uaid ..iinnea polis, Northfield and Southern
Railway the property covered by t';ne bid at said sale, .•iith the
privileges t- herein provided for; and
',..her as, on July 19;, 19188, a• sup- lemental order was entered in said
cause to rake a sale of the premi -ses and properties in said decree
of DecenI_,er 22, 1916, not therein >efore sold, and said I�io�rard S.
Abbott, one of the first parties, .,ias appointed 1,11aster to make and
ccanduct the sale of said mortgaged premises, as provided in said
or-'or of July 19, 1915, and execute and deliver deeds of conveyance
of the properties to be sold -to the purchaser thereof upon the Entry
of a. decree confirming said sale t Hereof, and upon pay .:ert in settle-
:neni of the purchase price bid, as in the decree and supplemental
orc_ers in said proceedings provided; and
.nerc.4.-, , Ua_cl :- o ,.ar:. S. t.bbott, olne of tl..., partied Hereto, in pursuance
of said supple.-M -ntal order of Jul-,r 19, 1918, at the front door of the
courthouse of I`ennepin Co,,nty in t� �� City of inneapolis and State
of II ininc_ -o. , did on the 29txn loan o-C =111`7, 1923, dul'., sell for
ti;`3;0,OC,0.00, at public auction, to the Jinneapolis, irorthfield and
Southern Rail-v. y., second parties hereto, the hi chest' and best bidder
at :',aid sale :for the properties at that thin offered for sale and
sold, and in said supplemental order of July 19, 1918, specifically
mentioa.^ i, described and directed to be sold,, due notice of the time
and nla.ce of such sale having, been given pursuant to said decree and
supple :iicntcal orders, .and accoiNd,irg to law,-and said decree and
. nler_iental orders having been co,. plied with in all things relating
to said sales and
ieroas, on July 29, 1918, the said HLaward S. Abbott, one of. the
fiz :3t parties as aforesaid, did duly make and file his report
of said sale to said court, which said report and the sale therein
reported, upon due notice to all parties, were by-decree of said court,
datcd August G, 1918, duly confirmed; and
e. re as, in said last mentioned o�^de-r confirming said sale, i >oward
S. Abbott, T'last:er as aforesaid, and C.-E. 1,,Tarnero receiver` of said
` ir.nea .olis, St. Pa,u? , Rochester and Dubuque; Electric Traction
Corlpany, as Receiver, first parties, were ordered and directed to
sign, seal, execute and deliver a deed or deeds of conveyance and
bill of sale to said 11inneapolis, '.?orthfield and Southern ?ailaay,
second party hereto; purchaser as _fore3aid, conveying to it all and
singular the prpperties, rights, privileges and franchises of said
(continued)
( L0..111 continued)
"inneapolis, St. Paul, Rochester and Dubuque Electric Traction
Company, upon being paid the fell =111 Or 14.500000.00; and
,,liereas, the Iiinneapolis, Northfield and Southern Railway,.second
party, hereto, has in all respects complied witi-I the provisions of
said decree of foreclosure, ar.d sale and with the supplemental orders
of September 28, 1917, and July 199 19180 and with the orders con-
firming said sales and each of then-
illowr. therefore a This Indenture •,Jitnesseth:
That rr S. °:'�'�C)tt, c�>tE'r as aforesaid, and C. E. !arner,
hat t-he said I�ow";rd S.
Receiver as aforesaid, firs" parties, in order to carry into effect
tlie sale: de by said 4io,ra: °�A S. :bbott- aforesaid to the second party
in pursuance of the aforesaid decree of December 22, 1916, and the
suppleY entElal orders of Septer�u)er _28, 1917, and July 199 1918, and
in conformity to law, and in consideration of the premises and of
tilia sui;1s so as aforesaid by .the second party paid, the receipt
he -�-eof is hereby acknoorledge i, has granted, bargained, ;gold,
assigi'zed, aliened, released, conveyed, and confirmed, and by these
presents doth grant,, bargain, sell, assign, alien, release, convey
and coniirn unto the ':inneapoliss ,orthfield and Southern Railway,
second party hereto, and its successors and assigns, forever, all
that lLna of railway of ;,he c efendaant iii.nneapolis, . St. Paul, Rochester
an,-A. Dubuque Electric Traction :orapany now ovined or operated by it
running from its terminals in the City of T.iinneapoii.s, Hennepin
County, 1" innesota through thc: counties of Iiennepin, Dakota and Rice
in said :Mate of T1"innebota, to its terminals in the City of Northfield
in said County of Rice* all branches, additions and extensions from
or to its said "Line, and all terminal properties whic'A it now owns
or in which it has any interest; all rights of way, including its
rig2tHof way extending generally in a southerly direction from said
cit,r o.f :Torth.field to a point near the city of Faribault in said
coian'cy of Rice; all stations and depot grounds, station houses,
warehouses.. freight houses, engine houses, car houses., machine and
rep; i_r shops, sheds and all of
It other structures of every kind
and character: all telegraph and telephone lines, including all poles,
wires anci . instruments which said defendant now owns or in which it
has any merest; all road beds., tracks, tunnels, branches, spurs,
double tracks, turnouts, switches, sidings, turntables, stringers,
rails, ties, and all other similar appliances and equipment of every
kind ncru owned by said defendant and in any way now or-hereafter
used in connection with or appertaining; unto its said line of railway;
all engines, tenders, motors, cars, and other rolling stock and
equipment, except, as provided in said supplemental order of July 19,.
all furniture, machinery, tools, ij�plements, materials and
supplied of every kind and character now owned by the :inneanolis,
SL. i'aul, Rochester and Du'ouque :electric Fraction Company and in
any way now or hereafter used .in connection with or appertaining
unto its said line of railway all operating; leases of line now owned
1);r ; t, �' any, and all grants, ease:ntent s aDd leases covering terminals
a: tez ^:.ir�al facilities, and all interest :: ,:�c: <a it niay have as vendee
or otherwise under any contracts for equipment, for 1.114 ghts of way, or
for teri:zinals, or other purposes; and all .instruments pertaining to
.:uc� leases, grants, easement:;, interests and contracts, and all
thb r oundc r or under any thereof; all powers, privileges and
franchises of every kind and character now owned or posses ed by it;
", tracts$ -deces or parcels of land or any interest therein
(sated in any or either of the counties above named or elsewhere,
whi:1.cn the said T,iinneapolisp St. Paul, Rochester and Dubuque Electric
'ruction Company now owns or in which it has any interst; and all
(continued)
(No. 111 continued)
property, real., personal or mixed., of said defendant 1.1inneapolis.,
S T) �. laul, Rochester and Dubuque Electric Traction Company., together
with all and singular the herkeditwnents and appurtenances thereunto
belonging or in anywise appertaining; the lands hereby conveyed are
fully described in an Exhibit hereto attached marked Exhibit A
containing 16 pages of type,.rritton 7mattero
rl'o have and'to hold, all and s-ingular the above mentioned and,des-
c r., ,- bed properties, rights, privileges, franchises and estate,,
V;Ilether real, personal or,mixed, and wheresoever situated, unto
the said second party, its successors or assigns, forever.
,.)ubect, however, to all of the conditions and reservations of
sai, decree of-'sale, said suppler.iental orders, and said orders
c,,_)rIr'ir,ming said sale entered in the District, Court of the United
1_1L.ates in and for the District of Minnesota, 4th Division.
revenue -amp,, 225-00
"il-nessed and Acknowledged.
I:,xhibit A
Doocription of lands conveyed by'reed. of Howard S. Abbott,,
Chancery
to
1"id,nnea-oolis, 11orthfiold and 13 o u c r n Railway, Dated Aug. 1$s 1919.
Tian follovi-ing; lands in Hennepin County:
Lo-U s 11 to 22 inclusive, Block 2, Grand Viea Heights. Hennepin
County; 80 foot right of watt' through part of Government Lot 8,
I-
._�oction 20 Toim3hip 117,, T,-,anre 21,, lying North-of Public Road;
P C>
66 foot right of way through Government Lot 8,, Section 28,
To,,!,-_ns'hip 117, Range 21.
(Other properties not in question not shown)*
112. Mary Newberg, single I,ortgage
to Cj June 24,, 1914
Jens P. Hansen Filed June 30, 1914# 11:45 a.m.
Doc. .Io. 719766� nook 831 of 11,11tgs., page 486
To secure payment of "600.00
113. Jens P. Hansen 'Satisfaction of mortgage
'
to recorded in Book 831 of Itgs.
1 -.ary erg page 486 (See 411o. 112)
Doc. No. 817496 Dated September 19, 1916
Filed September,23, 1916, 11:30 a.m.
Dook 874 of 1,11tgs., page 495
114. :.'riary *Nle%�iberg., unmarried Uarrant'y Deed
to Dated August 7, 1923
Joseph "`,Ober Filed August 20, 1923, 4:10 P.m.
Doc. 110. 1164085 Dook 1000 of Deeds, page ,608
Consideration:
A tract of land in Government Lot 8.
S s, 'Range 28, To�,m hip 117s ange 21,
described as follows:
I -egianin at a point on the Tort',,, line of Government Lot 8
-
Ooction 28 To-vvrnship 117, Raiige 21., said point being 582 feet East
1 " 1 9 , - thence Easterly
0 t' 0 ITort`,,-, CC- corner of said Government Lot 8,,
L 1 .114 %.f
!,7 of SEj
th line .d Goveriuil.ent Lot 8,
348 feet to the
tencouthestorlv along center
con -her of the Eden Prairie Road, h e S w
O'L said Edon Prairie road to point of intersection and vrith the East
,..;ound of -Railroad right of way as laid out and travelled across
a i" d Govcrn,,-.,,en,:. Lot 8; thence Northerly along said Ea:,t boundary
1 i r. c;; of -.,'ailroad rigilt of way to point of ,beg
I _�inning, said tract
of land comprising all of that part of said Goverymient Lot 8.
lying Ea:;t of the Railroad right of i�vray and North of the Eden
Prairie road, and containing .5 acres, more or less.
(,Shown for Reference,)
115. Jos ph "eb.-r ;%"i f e �.Jat e, d '.'Tarrantv Deed -
- October 20 1925
Filed October 24, 19259 9:40 aemo
nn e a p o s "t
I orh field 7oo1z.1005 of Deeds, page 575
u
a a Southern ,,ailway Consideration: 500-00
outI., Dakota) A tract of land in Government
T Township 117,
Doc. No. 1'31"20,2 jot 8 il-n Section- 28.
Range 21, described as follows, -
to-- wit: Beg-inning at a point on
the _` forth _ line of said Goveri -imen
Lct 8, 5�82 feet Nast of the 'uortlli:aast corner of said Goverrmient
Loz, 8,-. 1--hence Ea.--'��erly along the said T-Iorth line of said Lot a
dij,'.ance of 348 feet to t1ae ceilter of the Edc,n Prairie Load; thence
1,111 tort along the center of said '""den Prairie Road to point
'�Outl e:3 . L�'
O-LE' intersection 7aith the East boundary of the railroad riqht of
as laid out and travelled across said Govorn-,ent Lot 8; thonce
1,11 a r'L-1 h a r 1 y' - a 1 o, dary line of Railroad riglit of way
ng said East boun
to poin"; of beginning, said tract of land coi-.,vprisinIq all of tnat-
part of said Government Lot 8 lying East of the Railroad right of
IT - R
aay and
aorta of the Eden Prairie Road,, and containing 0.5 of an
acre for , less.
(Shown
for
r
76756 +, ( Entry No. 116 )
J. F. T. O'Connor
Comptroller of the
Currency
(Seal of Currency Bureau,
Treasury Department)
117. To
The Public
Doc* No, 1744223
118.
Treasury Department, Office of
the Comptroller of the Currency
Certified Copy of Certificate
Dated Jan. 2, 1934
Filed Jan. 24, 1934, 2:50 P.m.
Book 322 of Misc., page 361
Certifies that The North Western
L
National Bank of Minneapolis and
The Minnesota Loan and Trust
Company have been consolidated
under the Charter of The
North Western National Bank of Minneapolis and under the corporate
title of "Northwestern National Bank and Trust Company of Minneapolis"
with capital stock of Five Million Dollars ($5,000,000) and that the
consolidation is hereby approved.
Elmer A. Benson, Certificate of Consolidation
Commissioner of Banks, Dated Jan 25, 1934 '
State of Minnesota (seal) Filed Jan: 26., 1934P 1:30 p.m.
To Book 319 of Misc., page 587
The Public Certifies that he has examined a
Doc. No. 1744392 certain consolidation agreement
dated the 29th day of September
1933, made by and between The Minnesota Loan and Trust Company, a
Minnesota corporation and The Northwestern National Bank of Minneapolis,
Minn., a national banking association, entered into., for the purpose
of consolidating said two corporations pursuant to an act of Congress
entitled "An act to provide for the,consolidation of national banking
associations" approved November 7, 1918, as amended Feb. 25, 1927 and
June 16, 1933, which consolidation agreement was duly approved at
meetings of the share-holders of the respective corporations; that
proof has been submitted to him that the Comptroller of the Currency on
January 2, 1934, issued his official certificate, certifying that The
Minnesota Loan and Trust Company and The Northwestern National Bank of
Minneapolis, Minn., have been consolidated under the corporate title
of Northwestern National Bank and Trust Company of Minneapolis with a
capital stock of five million dollars and that the consolidation has
been - approved by the Comptroller of the Currency.
Further certifies that The Minnesota Loan and Trust Company has now
become consolidated with The Northwestern National Bank of Minneapolis
Minn., under the name and corporate title of Northwestern National
Bank and Trust Company of Minneapolis and that pursuant to Chapter
348, Minnesota Session Laws of 1931, its corporate existence as a
trust company is merged into that of the consolidated banking cor-
poration to the same extent and with the same effect provided in
Section 7699r�Sj Mason's Minnesota Statutes of 1927, relating to the
consolidation of two or more state banks or trust companies under
the provisions of Chapter 156, Minnesota Session Laws of 1925•
119.
i,iinneapolis, Northfield And
Extension of Trust Deed
Southern Railway,
recorded in Book 1467 of P tgs.,
(South Dakota Corporation)
page 226 (See 7o. 116)
(Corporate Seal)
Dated June 1, 1941
to
Filed August 14, 1941, 9:50 a.m.
northwestern NTational Bank
Dook 2063 of 1-1tgs., page. 291 "
And Trust Company Of -
To extend payment of ;_525,000.00
iinneapolis
to September 1, 1956, at 5i-e�
(.United States of America
semi- annually.
Association) "Trustee"
Pre - Payment Privilege
(Corporate Seal)
Iitnessed and Acknowledged.
Doc. Ho. 2102364
120.
C. B. Upham
Treasury Department Office of
Acting Comptroller,
Comptroller of the Currency
of the Currency (Seal)
Certified Copy Certifibate
to
Dated January 12, 1943
'.,hom it Concerns
Filed January 27, 1943, 2:50 p.m.
Doc. '.1o. 21721,76
Book 422 of 1•11isc. , page 321
rihereas, satisfactory notice has
been transmitted to the Comptroller
of the Currency to the effect that
all recuisite, legal and corporate
action has been taken by "north-
western ational Bank and Trust
Company of Tlinneapelis ", :Minneapolis,
iinnesota, in accordance with the
applicable provisions gf.the bank -
ing laws of the United States,
to authorize a change of the title of
that Association to "Northwestern
Hational Dank of "; Minneapolis'?.
Now, Therefore, it is hereby certified,
That such change of title
is hereby authorized to be effective
January 12, 1943•
121.
northwestern National Plank
Satisfaction of Mortgage
of inneapolis, as Trustee
recorded in Book 1467 of Ttgs.,
(Corporate Seal)
page 226 (See Ho. 116)•
to
Dated "arch 1, 1945
T inneapolis, Northfield and
Filed ;arch 2, 1945, 11 a.m.
Southern Railway.
Book 2221 of Mitgs., page 97
Doc. .i:o. 2276176
Witnessed and Acknowledged.
122.
i Lznneapolzs, Northr ield an \
`
I:ortgage
1945
Southern railway
Dated 1 -1arch 119
(South Dakota Corporation)
Filed Iarch 2,'1945, 11 a.m.°
(Corporate Seal)
Book 2204 of i,.Itgs., page 567
to
To secure payment of ";}300,000.00
1.1idland i?ational Dank and
Trust Company, of Minneapolis,
(a national banking
association under the laws
of the United States of .
l:meric a)
(Corporate Seal)
Doc. 1"To. 2276177
123.
C. B. Upham,
Certificate Exhibit A
Acting Comptroller of
Dated i -:arch 1, 1946
the Currency (O'eal)
Filed :March 2, 1946, 9:40 a.m.
to
Book 469 of i•lisc . , page 180 -
,,hom It Concerns
Certifies that change of-title
Doc. Noa 2348700
of ":'Midland National Bank and
f
Trust Company of Minneapolis"
to "r.lidland National Bank of
'
Tinneapolis" is hereby
authorized to be effective
::arch 1, 1946,
124.
C. W. Aurand
Affidavit
to
Dated 1larch 12 1946
'Jhom It Concerns
Filed March 2, 1946, 9:40 a.m. .
Doc. No. 2348700
T?oo'.1 469 of Misc., page 180
C. W,. Aurand being first duly
sworn says that he is a vice.
president of Midland "3ational
Hank of I'linneapolis, a national
banking association of the United
States, organized and existing under the banking laws of the United
States; that the former name or
title of this association was
""idland ',Jational Dank and Trust
Company of, 1'linneapolis "; that such
name has been duly changed by appropriate action of its shareholders
and approval of the Comptroller
of the Currency of the United States
to tfidland 'ational Dank of T Minneapolis"; that this change of name
be ame effective as of this lst
day of ",larch, 1946; that the
attached photostatic copy marked
Exhibit A is a true copy of an
original certificate of change of
corporation title issued by the
Office of the Comptroller of the
Currency on February 21, 1946
to the association and now in the
possession of the association;
and . that i•lidland National Bank of
'Iinneapolis is the same national
banking association that was formerly named 1•lidland National Bank
and Trust Company of 14inneapolis.
125.
.Midland " dational Bank of
Satisfaction of Mortgage
iinneapolis
recorded in Book 2204 of lltgs. ,
(Corporate Seal) -
page 567 (See No. 122)
to
Dated September 3, 1946'
1•inneapolis, Northfield and
Filed September 5, 19460 2:40 p.m.
,Southern Railway
Book 2239 of Mtgs., page 209
Doc. 1` +O. 2393550
Witnessed and Acknowledged.,
1
126.. In the '.Natter of the Probate Court.,
Guardianship !Tennepin County, riinnesota,
of Case No-. 25181,
iOary T-,ewberg, Insane, Certified Copy Letters of
? ;lard General Guardianship
Doc. No. 2017778 Dated December 14, 1939
:Filed January 25, 19409 10:50 a.m.
,3ook 390 of ��,,isc., page 273
Appoints George S. Grimes,
general guardian.
Certificate attached as to correct copy made by C'lerk.of Probate
Court, Hennepin County, 11innesota, under Probate Court Seal with
the further certificate *;hat above Letters were in full force
and effect as of January 25, 1940.
127. In the :utter of the Probate Court,
Guardianship Hennepin County, Minnesota
of Case No. 251£4
Lary Newberg, Insane, Certified Copy. Order
''lard Directing Sale
Doc. No.' 2017778 Dated January 17, 194.0
Filed January 25, 1940, 10:50 a.m.
Book 390 of Misc., page 273
All that part of Government Lot 8,
in Section 28, Township 117, Range 21, to -wit: Beginning -at a
point on the North ling: of said Lot 8, 255 feet East of the Uorth-
w, : t corner of said lot 8; thence South parallel with the 1,Vest line
of said Lot 8, to the center line of Eden Prairie Road as the same
is novr laid out and travelled across said Lot g; thence "lortheasterly
along the center of said Eden Prairie -toad, 735.8 feet, more or less
to a point on the :loath line of said Lot 8, said point being 675
feet East of the point of beginning; thence West along the 'North
line of said Lot 8, to the place of beginning.
Subject, however, to the right of way of the Minneapolis., St. Paul,
Rochester and Dubuque Electric Traction Company (now r,,inneapolis,
r,Torthfield and Southern Railway) and further subject to streets and
roads as now laid out and used over and across said premises.
128. In the .atter of the 'robate Court,
Guardianship Hennepin County,• i,Iinnesot.a
of Case No. 25184
ury Ncwberg, Insane, Certified Copy Order of
j' and
Confirmation
Doc. No. 201Z778 Dated January 22, 1940
Filed January 25, 1940,10 :50 a.m.
Book 390 of 1.11isc., page . 273'
Confirms sale made by Guardian - --
on - --w of:
All that part of Government,Lot 8, in Section 28, Township 117,
Range 21, to -brit: Beginning at a point on the�orth line of said
Lot 8, 255 feet East of the ",orthwest corner of said Lot b; thence
South parallel with the Test line of said Lot 8, to the center line
of Laden Prairie Road, as the same is now laid out and traveled
across said Lot 8; thence Northeasterly along the center line of
(continued)
(No* 128 continued)
said Edcn Prairie Road, 735.8 feet more or less to a point on the
North line of said Lot $, said point being 675 feet East of the
point of beginning; thence 'Test along the North line of said Lot 8
to the place of beginning.
Subject, however, to the right of proxy of the 1?inneapolis, St. Paul,
Rochester and Dubuque Electric Traction Company, (now Minneapolis,
Northfield and Southern Railway) and further subject to streets
and roads as now laid out and used over and across said premises
to-Village of Edina, a municipal corporation for the sum.of
lt.>2, 500.00.
129. :tarry S. S,,rensen, 4is
Guardian's Deed
Guardian of the Estate of
Dated February 1, 1944
Iar;T i'ae,rberg, Insane
riled ;-larch 1, 1944, 2:40 p.m.
to
Dook 15$6 of Deeds, page 236
Village of Edina, of the
Consi <eration: x;2,500.00
nounty of Hennepin and
1'_ll that part of Government Lot $,
State of :,innesota
in Section 28, Town -ship 117,
Doc. o. 2222211
Range 21, to- :. ►it: Beginning; at
a point on the North line of said
Lot $, 255 feet East of the North-
west corner of said Lot 8; thence
South rarallel with the 'Nest line
of said L-ot $.to the center line
of _17den Prairie road as the some
is now laid out and traveled across
said Lot 8; thence Northeasterly
along the center line of said Eden
Prairie .'Toad, 735. S . feet, rrzore or
less to a point on the North line
of sai: Loy., 8, said point being
675 feet East of the point of
beginning; thence ,,,Test along the
North line of said Lot 8 to the
place of beginning.
qub jec t,, hc�,aever,,_ .to_ the right. of
way of the s- tinneapolis, St. Paul,
Rochester and ion Company, now Minneapolis,
Northfield and Southern Railway)
and further subject to streets
an! roa -Is as-now laid out and used
over and across said premises.
Pursuant- to Contract for Deed - --
''itnessed and Acknowledged.
The Council of the Certified Copy of Amendment of
Village of Edina the Ordinance of .the Village of
130. To Edina, Hennepin Bounty, Minnesota
Whom It Concerns Dated April $, 1952
Doc. No. 2745385 Filed April $, 1952, 3:45 p.m.
Book 641 of Misc., page 45
The Council of the Village of
Edina, Hennepin County, Minnesota,
do ordain as follows:
Section 1. Section III, paragraph (c) of the zoning ordinance of
the Village of Edina, Hennepin County, Minnesota, passed by the
council of said Village on the 25th day of May, 1931, and thereafter
amended, is hereby further amended as follows: Section III (c).
No land shall be platted or subdivided which, at the time of
application for approval of the plat, is provided with public water
and sewer connections or in which public water or sewer connections
are contemplated unless such plat or subdivision meets all of the
following minimum requirements:
1. Each lot shall have a frontage on a public street of not less
than 75 feet.
2. The average minimum depth of all the lots in the proposed plat
or subdivision shall be not less than 120 feet.
3. The area of each lot in the proposed plat or subdivision shall
be not less than 8,250 square feet.'
No land shall be platted or subdivided which, at the time of
application for approval of the plat, is not provided with public
water and sewer connections and in which public water or sewer
connections are not contemplated unless such plat or subdivision
meets all of the following minimum requirements:
1. Each lot shall have a frontage on a public street of not less
than 90 feet.
2. The average minimum depth of all the lots in the proposed plat
or subdivision shall be not less than 125 feet.
3. The area o.f each lot in the proposed plat or subdivision shall
be not less than 11,250 square feet.
All lots contained in land hereafter platted or subdivided shall
have side lines as nearly as practical at right angles to the
street line.
Section II. This ordinance shall take effect and be in.force from
and after its adoption. Passed by the Village Council this 22 day
of October, 1951.
That the above ordinance was passed pursuant to the authority of
Minnesota Statutes, Section 471.26 et seq. and that with such regula-
tions in force, by virtue of Minnesota Statutes, Section 471.29.
Subdivision 2, no conveyance of land in which the land conveyed is
described by metes and bounds or by reference to a plat made after
such regulations become effective which is not approved as provided
by statute, shall be made or recorded if the parcel described in the
conveyance is less than two and 1/2 acres in area an4 150 feet in
width unless such parcel is a separate parcel of record at the time
of the adoption of the above ordinance or unless an agreement to
convey such smaller parcel has been entered into prior to such time
and the instrument showing the agreement to convey is recorded in
the office of the Register of Deeds within one year thereafter.
Any owner or agent of the owner of land in the Village of Edina who
conveys a lot or parcel in violation of this statute shall forfeit
and pay to the Village of Edina a penalty of not less than $100.00
for each lot or parcel so conveyed and such conveyance may be
enjoined.
The Village Council Certified Copy Ordinance No. 263
i31, of the Village of Edina Adopted June 8, 1959
To Filed April 6, 1962
Whom It Concerns Book of Misc., page
Doc. No. 3340754 An Ordinance Prescribing Pro -
cedure For the Approval of Plats,
Requiring Payment of a Fee and
Imposing Other Requirements,
Including the Making of Necessary
Improvements in Lands Previously
Not Platted.
The Village Council of the Village of Edina, Minnesota Ordains:
Section 1. Filing Plats: Fee. All plats presented for approval
of the Village Council shall be filed with the Village Manager and
shall be accompanied by payment of a plat filing fee which shall be
charged by the Village for services to be rendered by employees of the
Village in processing the proposed plat. The amount of such fee shall
be $25.00, plus $1.00 for each lot in the plat, but not to exceed a
maximum fee of $100.00. Failure of the Council to approve the plat
shall not entitle the person who paid the fee to the return of all or
any part thereof; provided, however, that the payment of such fee be
required only as to plats filed after the date this ordinance becomes
effective.
Section 2. Street and Lot Grades; Park Dedication.
Every plat of previously unsubdivided land, or replat of platted land
which requires the dedication of a new street or a change in an exist-
ing street, shall not only comply with all applicable provisions of
state law and the Zoning Ordinance (No. 261) of the Village, but shall
also show thereon the grade of all streets and the mean grade of the
front and rear lines of each lot. In every plat of land not previously
subdivided and to be developed for residential purposes, a portion of
such land of sufficient size and character shall be set aside and
dedicated to the public for public use as parks and playgrounds.
Section 3. Report on Plat. The Village Manager and the Planning
Commission shall examine each plat and report thereon in writing to the
Council as to the following matters:
(a) the accuracy of all measurements and grades shown thereon, and
(b) the suitability of the plat from the standpoint of community
planning.
In the case of the plats mentioned in Section 2, report shall
also be made as to the following matters:
(c) the adequacy of streets and conformity thereof with existing
and planned streets and highways in surrounding areas.
(d) the suitability of street grades in relation to the grades
of lots and existing or future extensions of the Village's water and
storm and sanitary sewer systems.
(e) where dedication of such land is required, the sufficiency
of land dedicated for park and playground use, and the recommendation
of the Park Board regarding such dedication of land.
(f) the estimated cost (including engineering and inspection ex-
penses) of grading, gravelling and permanently surfacing streets, in-
stalling street signs, and constructing any storm sewers which may be
necessary, and
( ) the estimated cost (including engineering and inspection ex-
penses , of constructing sanitary sewers and water mains adequate to
serve all lots in the plat, provided the connection of such sewers and
watermains to the Village sewer and water systems is feasible.
However, the owner of the land included in the plat, or his agent,
in lieu of having the foregoing costs estimated by the Village, may
employ at his expense, a registered professional engineer to prepare
preliminary plans and estimates of cost of the necessary improvements
and submit a written, itemized report thereof to the Village Manager.
Advance notice of the employment of such engineer shall be given to the
Village Manager upon filing of the plat.
(continued)
4M
(No. 131 continued)
Section 4. Action by Council. Upon completion of the report
specified in Section 3 above, the plat and report shall be transmitted
to the Council for approval. The Council may
(a) grant preliminary approval of plats mentioned in Section 2, or
(b) grant final approval of other plats, or
(c) refer the plat for further report to the appropriate Village
officers or departments, or
(d) reject the plat.
Section 5. Plats Given Preliminary Approval. When preliminary
approval has been given to a plat, the person who filed such plat shall
cause all street, water and sewer improvements required by the report
thereon to be completed, at his own expense and under the supervision
of the Village Engineer, or in lieu of making such improvements, he shall
sign a subdivision financing agreement and file a bond to assure per-
formance thereof. Such agreement, to be made between the person filing
the plat and the Village, shall obligate the person filing the plat to
repay to the Village all costs thereof, through payment of special
assessments or otherwise, at least one-third in each of three years, the
last payment to be made not later than December 31 of the third year
from the year in which special assessments for such improvements are
levied; provided, however, that the Village shall not be obligated to
enter into such agreement if the developer does not file a bond as
hereinafter described or if the Village Council determines that the
Village must borrow money to pay its costs of construction under such
agreement and such borrowing will jeopardize the Village's credit
rating. Such agreement shall also provide that if special assessments
have been levied for the making of such improvements against any lot
in the plat and reraia unpaid upon the transfer of title to such lot,
they shall be paid or prepaid in full to the Village Treasurer and the
County Treasurer of Hennepin County.
The bond herein required shall be given by the developer with a
corporation approved by the Council as surety thereon, in the full
amount of all costs of-making the improvements specified in the sub-
division financing agreement not paid in cash by the developer before
or at the time of entering into such agreement, and shall be given for
the securing to the Village the payment of all such costs within the
period specified in such agreement.
Section 6. Final Approval of Plat. When a plat has been given
preliminary approval by the Council and the required improvements have
been completed, subdivision financing agreement executed, or bond fur-
nished as herein required, the Village Manager shall submit a supple-
mentary report thereon with the plat to the Council for final approval.
Section 7. Street Maintenance. Until a street in a plat has
been completed in accordance with the plans and specifications approved
by the Village, and the Village Engineer has certified as to such com-
pletion, the owner shall keep such street, if used for public travel,
in a safe condition for such use, at his own expense. The Village shall
not be chargeable with the cost of or the responsibility for the
maintenance of such street until the completion of such street has been
so certified.
Section 8. Application. Except as herein otherwise provided, this
ordinance shall apply to all plats heretofore filed but not yet given
preliminary approval by the Village Council, and to all plats hereafter
filed.
Section 9. Effective date. This ordinance shall be in full force
and effect upon its passage and publication as provided by law.
r
1
The Village Council Certified Copy of Resolution
of the Village of Edina Adopted Jan. 27, 1958
132. To Filed April 6, 1962
Whom It Concerns Book of Misc., page
Doc. No. 3340756 Resolution Declaring Policy as to
Approval of Plats and Conditional
Upon the Installation of Water and
Sanitary and Storm Sewer Improve-
ments.
Resolved by the Council of the Village of Edina, Minnesota, that the
policy of the Village with reference to the approval of plats of new
subdivisions within the Village limits is hereby declared to be as
follows:
1. No plat filed as a preliminary plat with the Planning Commis-
sion after September 1, 1957, and no plat submitted to the Council for
the final approval after April 10, 1958, shall be approved unless and
until the person, firm or corporation submitting such plat shall have
fully complied with the requirements set forth in subdivision (a) or
(b) below.
(a) All lateral water mains, all lateral sanitary sewers, and any
storm sewer and drainage facilities and structures within the platted
area which are necessary to provide adequate water and sewer service
and adequate drainage for such area must have been constructed and in-
stalled without expense to the Village, and there shall be filed with
the final plat adequate proof that all costs of such construction and
installation have been paid in full.
(b) In lieu of the above, there may be filed with the plat a
bond in the amount and with surety and conditions to be approved by the
Council, securing to the Village the actual construction and installa-
tion of said improvements without cost to the Village and within a
period designated by the Council and expressed in the bond, and the
payment of all costs thereof.
2. The requirements of paragraph 1 as to lateral water or sewer
mains may be waived by the Council in the case of plats or subdivisions
in locations to which the municipal water or sewer system is not to be
extended within a reasonable time, provided that the requirements
thereof relating to storm sewer and drainage facilities shall have been
fully complied with, and the platted lots are of the size required to
permit individual water and sewage disposal facilities to be constructed
to established standards.
3. Any or all of the requirements of paragraph 1 may be waived
by unanimous vote of the members of the Council at a meeting duly held,
in the case of a replat of a previously approved subdivision which
does not provide for a new public street and does not increase the
original number of platted lots.
4. No plat will be approved after the date of this resolution ex-
cept upon the conditions above set forth, unless the same was filed with
the Planning Commission as a preliminary plat on or before September 1,
1957, and is submitted to the Council for final approval on or prior to
April 10, 1958, and, at the discretion of the Council is accompanied by
a written agreement executed by the person, firm or corporation sub-
mitting the plat, effective upon acceptance by the Council to pay to
the Village a sum fixed by the Council, estimated to be sufficient to
pay the cost of all improvements of the types described in paragraph 1
which the Village determines to construct and install within the sub-
division; such payment to be made in cash or in installments extending
over a period not exceeding three years from the time of such con-
struction and installation. The Village will reserve the right to levy
special assessments in an amount equal to the cost of said improve-
ments, upon the properties especially benefited thereby, but payments
received under any such agreement will be credited by the Village
against the special assessments levied therefor. The provisions of this
paragraph shall in no event be construed as applying to any plats ap-
proved by the Council prior to the date of this resolution.
Fred K. Willson Affidavit
133. To Dated Sept. 21, 1956
Whom It Concerns Filed Nov. 29, 1956
Doc. No. 3042224 Book 766 of Misc., page 449
Fred K. Willson, residing at 5011
Richmond Drive, Edina, Minnesota,
being first duly sworn, on oath says: that he knows Mary Newberg, the
person named as insane ward in that certain guardian's deed dated Feb. 1,
1944, filed Mar. 1, 1944, in Book 1586 of Deeds, page 236, in the office
of the Register of Deeds of Hennepin County, Minnesota, relating to
the following- described real estate in said County:
All that part of Government Lot 8, in Section 28, Township 117, Range
21, to -wit: Beginning at a point on the North line of said Lot 8, 255 feet
East of the Northwest corner of said Lot 8; thence South parallel with
the West line of said Lot $, to the center line of Eden Prairie Road as
the same is now laid out and travelled across said Lot 8; thence North-
easterly along the center line of said Eden Praiiie Road 735.8 feet,
more or less, to a point on the North line of said Lot $, said pa nt
beging 675 feet East of the point of beginning; thence West along the
North line of said Lot 8 to the place of beginning. That thb said NTary
Newberg was, at the time of execution of the aforementioned guardian's
deed, unmarried.
Further affiant saith not.
Minneapolis, Northfield and Southern Warranty Deed
Railway (South Dakota corporation) Dated May 25, 1953
(Corporate Seal) Filed Aug. 31, 1953
134. To Book 1970 of Deeds, page 279
Young Fuel Company Consideration: X1.00 etc.
(Minnesota corporation) The East 90 feet of Lots numbered
Doc. No. 2830879 11, 12, 139 149 15, 16, 179 1$, 19,
20, and 21, Block 2, Grand View
Heights, Hennepin County, Minnesota.
Also that part of Lot 22, Block 2,
Grand View Heights, Hennepin County, Minnesota lying East of the following
described line: Beginning at the Southwest corner of said Lot 22; thence
Easterly along the: -South line of said Lot 22, 60 feet; thence Northerly
and parallel with the West line of said Lot 22 to the North line of said
Lot 22. Also a tract of land in Government Lot $, Section 28, Township
117, Range 21, described as follows: Beginning at a point on the North
line of said Government Lot $, 580 feet East of the Northwest corner of
said Lot; thence Easterly along the said North line of said lot a distance
of 350 feet to the center of the Eden Prairie Road; thence Southwesterly
along the center of said Eden Prairie Road to point of intersection with
the East boundary of the railroad right -of -way as laid out acrosssaid
Government Lot 8; thence Northerly to the point of beginning, said tract
of land comprising all that part of said Government Lot 8 lying East of the
railroad right -of -way and North of the Eden Prairie Road. Also, an ease-
ment for driveway purposes upon and over the West 10 feet of the East 100
feet of Lots numbered 11 to 20, inclusive, Block 2, Grand View Heights,
said county and state; and a strip of land 10 feet in width contiguous to
and adjoining the Westerly boundary of the above described tract of land
in said Government Lot 8.
By acceptance of this grant, the grantee for itself, its successsom, and
assigns, covenants with the grantor, its successors and assigns, to
construct promptly upon demand, at its own sole cost and expense, a
sufficient and adequate retaining wall on the Westerly edge of the herein
described premises, to protect grantor's railroad roadbed from widening or
encroaching upon the aforesaid easement for driveway purposes, and there-
after to maintain, repair and renew the said retaining wall in perpetuity.
(Continued)
(':entry No. 131P continued)
This shall be a covenant running with the land and shall inure to the
benefit of the owner of the railroad right -of -way adjoining on the
.'est the herein conveyed land.
(Shown for overlap and reference as to easement).
Young Fuel Company (Minnesota Warranty Deed
corporation) (Corporate Seal) Dated Mar. 15, 1953
135. To Filed Aug. 31, 1953
Bar Z Bar Equipment Co. Book 1970 of-'Deeds, 280
(Minnesota corporation) Consideration: :� etc.
Doc. No. 2830$$0 A tract of land in Government Lot $,
Section 28, Township 117, Range 21,
described as follows: Beginning at a
point on the north line of said Government Lot $, 5$0 feet east of the north-
west corner of said lot; thence easterly along the said north line of said
lot a distance of 350 feet to the center of the Eden Prairie Road; thence
Southwesterly along the center of said Eden Prairie Road to paint of inter-
section with the east boundary of the railroad right bf way as laid out
across said Government Lot 8; thence Northerly to the point of beginning,
said tract of land comprising -all that part of said government Lot 8 lying
east of the railroad right of way and north of the Eden Prairie Road.
Also, an easement for driveway purposes upon and over the West 10 feet
of the East 100 feet of Lots numbered 11 to 20 inclusive, Block 2, Grand
View Heights, said county and state; and a strip of land 10 feet in width
contiguous to and adjoining the Westerly boundary of the above described
tract of land in said':Government Lot 8.
(Other property not in question not shown hereon).
subject to that certain covenant contained in deed dated May 25, 1953
from Minneapolis Northfield and Southern Railway as grantor to said Young
Fuel Company as grantee affecting that portion of the hereinbefore described
premises more fully described in said deed; and also
Subject to that certain purchase money mortgage executed contemporaneously
herewith by said grantee, Bar Z Bar Equipment Co. to said grantor, Young
Fuel Company to secure payment of a part of the Purchase price for the above
described real property, dated March 15th, 1953, for the sum of $17,000.00.
Revenue Stamps ;36.30.
(Shown for overlap and reference as to easement).
Bar Z Bar Equipment Co., Mortgage
(Minnesota corporation) Dated Mar. 15, 1953
(Corporate Seal) Filed Aug. 31, 1953
136. To Book 2721 of Mtgs., page 552
Young Fuel Company, To secure $17,000.00
(Minnesota corporation) (Same premisesa:xid easement as shown in
Doc. No. 2830$$1 Document #2830$$0)
(Shown for overlap and reference as to
easement)
(Other property not in question not
shown hereon).
1
Young Fuel Company (Minnesota
corporation) (Corporate Seal)
137. To
Bar Z Bar Equipment Co.
Doc. No. 2991182
Satisfaction of Mortgage recorded
in Book 2721 of Mtgs., page 552
( See #136) and filed in office of
Registrar of Titles as #403335
Dated Oct. 21, 1955
Filed Feb. 1, 1956
Book 2916 of Mtgs., page 506
In the Matter of the Application
District Court, State of
138. Of
Minnesota, Fourth Judicial
Business Develo ers, Inc.,
District, Case X13539
(Corporate Seal
Certified Copy Application
to register title to
Dated Feb. 5, 1957
certain land
Filed Feb. 7, 1957
Doc. No. 3052872
Book 45 of Applications, page 424
Dated Feb. 17, 1958
Lot 1, and that part of Hopkins
Road heretofore vacated abutting
said Lot 1, Block 2, Grand View Heights;
and
East 90 feet of Lots 20, 21, and
22 and that part of Hopkins Road hereto-
fore vacated abutting said Lot 22,
Block 2, Grand View Heights, excepting
that part of Lot 20 described as
follows, to -wit: Commencing on the South
line of said Lot 20 at a point 90
feet West of the Southeast corner of
said Lot 20, thence Easterly along
said South line a distance of 50 feet,
thence Northerly 30 feet on a line
parallel with the Easterly line of said
Lot 20, thence Westerly 50 feet on
a line parallel with the South line of
said Lot 20, to the Idesterly line
of the Easterly 90 feet of said lot,
thence Southerly to the point of
beginning.
Lots 3, 4, 5, 6, 7 and that part
of Hopkins Road heretofore vacated abutting
Lots 5, 6 and 7, all in Block 8,
"Tingdale Bros. Brookside ".
Applicant does desire to register
the boundary lines of said premises.
The names and addresses of the owners of adjoining lands affected by the
establishment of boundary lines are:
said Block 5, to the
Name
P. 0. Address
Bar Z Bar Equipment Co.
- -
Mpls. Northfield & Southern - Ry.
N.W. FederAl Bldg., Minneapolis,Minn.
Biltmore Construction Company
5000 Normandale Road, Minneap olis,
Minn.
(Shown for Reference as to boundary
lines).
In the Matter of the
Application
District Court, State of
139. Of
Minnesota, Fourth Judicial
Business Develo ers,
Inc.,
District, Case #13539
(Corporate Seal
Certified Copy Amended Application
to register title to
certain
Dated Feb. 17, 1958
land
Filed Feb. 19, 1958
Doc. No. 3106088
Book 50 of Applications, page 582
Lot 1 and the East 90 feet of Lots
20, 21 and 22, Block 2, "Grand View
Heights".
Lots 5 to 7 inclusive, Block 8,
"Tingdale Brost Brookside ".
That part of Hopkins Road, vacated,
lying between lines drawn across
it from the Southeast corner of Lot 7,
Block 8, "Tingdale Brost Brookside
", to the Northeast corner of Lot 1,
Block 2, t1Grand View
Heights" and
from the Southwest corner of Lot 5, in
said Block 5, to the
Northwest corner
of the East 90 feet of Lot 22, in
said Block 2.
(Continued)
(Entry No. 139 continued)
The names and residence of all persons or parties, except the applicant,
who appear of record, or who are known to the applicant to have or
claim any right, title, estate, lien or interest in the above described
land:
Name Street or Avenue Town or City County State
Chester A. 705 Elmtree Lane Kirkwood, Missouri
& Muth M.
Samuelson
Applicant does desire to register the boundary lanes of said premises.
The names and addresses of the owners of adjoining lands affected by the
establishment of boundary lines are:
Names P. 0. Address
Bar Z Bar Equipment Co.
Minneapolis, Northfield & Southern
Railway 911 Hennepin Avenue, Minneapolis, Minn.
Chester A. & Ruth M.
Samuelson
Biltmore Construction Co.
(Shown for Reference as to boundary lines)
Marion G. Danens and C. J. Danens, Warranty Deed
as Trustees to conduct the winding Dated Dec. 1, 1958
up of the affairs of Bar Z Bar Filed Dec. 3, 1959
Equipment Co., a Minnesota Book 2237 of Deeds, page 279
corporation Consideration: $1.00 etc.
140. To Lots 2 to 109 inclusive, and the East
Marion G. Danens 90 feet of Lots 11 to 19, inclusive,
Doc. No. 3210151 all in Block 2, Grand View Heights,
Hennepin Bounty, Minnesota, And
That part of Government Lot 8 in
Section 28, township 117, Range 21 described as follows: Beginning at a
point on the north line of said Government Lot 8, 582 feet east of the
northwest corner of said lot; thence easterly along the said north line of
said lot, a distance of 348 feet to the center of the Eden Prairie Road;
thence southwesterly along the center of said Eden Prairie Road to point
of intersection with the East boundary of the railroad right of way as laid
out across said Government Lot 8; thence northerly along said railroad
right of way to point of beginning, said tract of land comprising all that
part of said Government Lot $, lying east of the railroad right of way and
north of Eden Prairie Road.
Together with an easement for driveway purposes upon and over the Vilest
10 feet bf-the East 100 feet of Lots 11 to 20 inclusive, Block 2, Grand
View Heights, said county and state; and a strip of land 10 feet in width
contiguous to and adjoining the Westerly boundary of the above described
tract of land in said Government Lot 8.
Free from all incumbrances except the lien of all unpaid special assess-
ments and interest thereon.
Revenue Stamps a55.00.
Treasurers Certificate: Exempt from State Deed Tax.
(Shown for Reference as to Easement).
In the Matter of the
140N. Of
Mary Newber , Insane
Doc. No. 3350421
Guardianship
Jard
guardian. Certificate attached shows
Oct. 5, 1945. (Shown for Reference)
Bar L.- Bar Equipment Co.,
a corporation organized under
or subject to the provisions
of Chapter 301, Minnesota
Statutes 1949, known as the
Minnesota Business, Corporation
Act (Corporate Seal)
140B. To
.'Thom It Concerns
Doc. No. 3096898
Probate Court, Hennepin
County, Minnesota Case x:251$4
Certified Copy Letters of
General Guardianship
Dated Feb. 18, 1942
Filed Dec. 3, 1962
Book of Misc., page
To: Harry S. Swensen, general
above Letters were discharged
Resolution
Dated Dec. 2, 1957
Filed Dec. 11, 1957
Book 793 of Misc., page 289
dhereas, the provisions of sections
301.469 301.47 and 301.48, Minnesota
Statutes 1949, provide for the
voluntary dissolution of a corpora-
tion out of court and the designa-
tion of a trustee or trustees to con-
duct the winding up of the affairs
of the corporation, and
6dhereas, it is deemed advisable that
the affairs of this corporation be wound up and a trustee or trustees be
designated.
Resolved, that this corporation hereby institutes proceedings for its
voluntary dissolution and that Marion G. Danens and C. J. Danens, whose
address is 5106 Brookside Avenue, Minneapolis 24, Minnesota, be designated
trustees to conduct the winding up of the affairs of this corporation, sub-
ject to the provisions of Chapter 301 Minnesota Statutes, and that the pre-
sident and secretary of this corporation be, and they are hereby authorized
and directed to sign and acknowledge a certificate under the corporate seal
of this company embracing this resolution and to cause such certificate to
be filed and recorded in the manner required by Sec. 301.47, Subdivision
2, Minnesota Statutes.
Filed with Secretary of State Dec. 5, 1957. (Shown for Reference)
"Cal -Mar Investment Corporation" Articles of Incorporation
140C. To Dated Aug. 27, 1959
U'dhom it Concerns Filed Sept. 10, 1959
Doc. No. 3196214 Book 840 of Misc., page 206
The duration of this corporation
shall be perpetual.
(Shown for Reference)
AIL
Marion G. Danens and Calvin ,larranty Deed
J. Danens, her husband Dated Sept. 24, 1959
140D. To Filed Dec. 3, 1959
Cal -Mar Investment Corporation Book 2237 of Deeds, page 280
(Minnesota corporation) Consideration: "'1.00 etc.
Doc. No. 3210152 Lots 2 to 10, inclusive,
and the East 90 feet of Lots 11 to
19, inclusive, all in Block 2,
Grand View Heights, Hennepin
County, Minnesota, and
That part of Government Lot 8 in
Section 28, Township 117, Range 21 described as follows: Beginning at a
point bn the north line of said Government Lot $, 582 feet east of the
Northwest corner of said lot; thence easterly along the said north line
of said lot, a distance of 348 feet to the center of the Eden Prairie
Road; thence southwesterly along the center of said Eden Prairie Road
to point of intersection with the East boundary of the railroad right
of way as laid out across said Government Lot 8; thence northerly along
said railroad right of way to point of beginning, said tract of land
comprising all that part of said Government Lot 8, lying east.of the
railroad right of way and north of Eden Prairie Road.
Together with an easement,for driveway purposes upon and over the ;lest 10
feet of the East 100 feet of lots numbered 11 to 20 inclusive, Block 2,
Grand View Heights, said county and state; and a strip of land 10 feet in
width contiguous to and adjoining the Testerly boundary of the above
described tract of land in said Government Lot 8.
Free from all incumbrances, except the last one -half of the real estate
taxes, including special assessments, if any, assessed and levied against
the aforedescribed premises, due and payable in the year 1959, and all
such taxes due and payable in the year 1960.
Revenue Stamps X55.00.
Treasurers Certificate: State Deed Tax { "55.00 paid. (Shown for Reference)
Cal -Mar Investment
Corporation (Corporate Seal)
140E. To
"i1hom It Concerns
Doc. No. 3359886
Harry Fiterman,
affairs of this
3.01, Minnesota
Filed with the
be designated trustee
corporation subject to
Statutes.
Resolution
Dated July 30, 1962
Filed Aug. $, 1962
Book 924 of Misc., page 35
Resolved that this corporation hereby
institutes proceedings for its
voluntary dissolution and that
to conduct the winding up of the
the provisions of Chapter
Secretary of State ,dug. 2, 1962. (Shown for Reference)
111. Taxes for 1959 and prior years, paid, as assessed.
Taxes for 1960 and 1961, Exempt.
Assessed in name of Minneapolis, Northfield and Southern Railway
Co. (Edina).
142. Certifications by Title Insurance Company of Minnesota cover records
in Register of Deeds' Office of Federal Internal Revenue Lien notices
and Minnesota income and inheritance tax lien notices.
143. For Judgment and Bankruptcy Search see Certificate attached.
No. 719581 Verified b �r &,b) ja"'i
CERTIFICATE ON JUDGMENT LIEN, FEDERAL TAX LIEN AND BANKRUPTCY DOCKETS
THE COMPANY HEREBY CERTIFIES that it has made a search of the Judgment Lien and Bankruptcy Dockets in
the following named Courts:
District Court, Fourth Judicial District, Hennepin County, Minnesota,
United States District Court, District of Minnesota, Fourth Division,
and finds no bankruptcy proceedings and no unsatisfied judgments and no undischarged notices of Internal Revenue Tax
Liens appearing therein against the names hereon between the dates set opposite the respective names, except as shown
hereon.
THE COMPANY FURTHER CERTIFIES that it has made a search of the Federal Tax Lien Docket in the
United States District Court, District of Minnesota, Third Division, SINCE MARCH 10, 1955,
and finds no undischarged notices of Internal Revenue Tax Liens against the names hereon, between the dates set opposite
the respective names, except as shown hereon.
(Note: Where any name appears hereon with a middle initial, no search is made as to any names having middle initials different from
that shown hereon.)
NAMES
DATES
Minneapolis Northfield and )
Southern Railway
(South Dakota Corporation) )
Nov.
1,
1952
Nov.
2,
1962,
7AM
Village of Edina
Nov.
1,
1952
Nov.
2,
1962,
7AM
Cal -Mar Investment Corporation )
(Minnesota Corporation) }
Nov.
1,
1952
Nov.
2,
1962,
7AM
Harry Fiterman as Trustee to
conduct the winding up of the
affairs of Cal -Mar Investment )
Corporation )
Nov.
1,
1952
Nov.
2,
1962,
7AM
Dated at Minneapolis, this 2nd day of November 19 62
TITLE INSURANCE COMPANY OF MINNESOTA
Form No 8 By �% ,!R- d-7.�- c,a %c.r-� Asst. Secretary
SM 12 -55 FORM RT 2 i a
Minneapolis, Minn., _-_--------------_-------_----------
Received of Registrar of Titles of
Duplicate Certificate of Title No._-- . -------
Witnesses,
------- 196a - - -- No---------------------------------
Hennepin County, Minnesota, Owner's
By------------------------------- y
Its........... gresident.
----------------------------- - — ----
--- — -- -- �-+- ---
Its; ........ � � 8i'y.
STATE OF............ MTIRNES=........
COUNTY OF ........... 11 N PM ................
On this ....................day of ........................... 1963 ri before me a Notary Public
edArthus. , C,Bredes & W r/�+f 2�
within and for said County, personally appear .. ............ �}..b. l.. ��Q..
to me personally known, who, being each by me duly sworn .........................did say that they are
respectively the. s- a Qr. Yresiderrt and the r . - rmmmfary of the. V1114 Pr.. Q�t-.. X 4ig.4....
the corporation named in the above receipt and that the seal affixed to said receipt is the corporate seal of
said corporation, and that said receipt was signed in behalf of said corporation by authority of iia4om&of
...V7.jjige. -CsQ1l 013 ..........and said.Ar.th=..C,..Bred�
acknowledged said receipt to be the free act and deed of said corporation.
(See over)
........................... ...............................
Notary Public .......... ....County,....................
My commission expires
RETURNED AFTER ENTERING MEMORIAL,
No------------------------------- - - - - - --
No.----------------------- - - - - -- -------
No.-------------------- - - - - -- -------
No------------------------------- -------
No------------------------------- -------
No------------------------------- - - - - --