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HomeMy WebLinkAbout1268IJ.1ted Wsm.tr Deed miu*e Uerte C4, MI— eepens, Mlnn, Corp—ties to Carve—ties. Form No. 23-M. bit"eeet. Usti m Con!moetn[ BI—k. (19]1)_ i 5 Inbentarr, .Ofade this .......... ............................... ............................day or .... ............. _._ between._ ITY..OF.._EDINA,,.....forn►erly ,)Snown as VILLAGE OF EDINA) ... . _........._..... 1 al a�urporatunici �on under the laws of the State of. .......... Minnesota . ............................... party of the first part, and THE CHURCH OF OUR LADY OF GRACE IN EDINA, MINNESOTA, aPArl j Aon under the laws of the State of.: ............ M, innesoka.............__..._... ......._..__.._...........,_.._ party of the second part, Witnes5ettj, That the said party of the first part, in consideration of the suns of One,..DOl. lag,•„ and,,, Other,,,valuabl,e,., consideration- .- ,- •n- . -. -.- - - � -Lj¢j��- 1 to it in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, does J J 1 hereby Grant, Bargain, Sell, and f nnsej unto the said party of the second part, its successors and assigns, Forever, all the tract........ Or parezl _..... of land, lying and being in the County of .......Hennepin_._..•__• _ and State of .ifinnesota, described ns follozzcs, to -wit: See Exhibit A attached hereto. I I To mate aub to J. tilb the pia=, Together with all the hereditaments and appurtenance* there- unto belonging or in anywise appertaining, to the said party of the second part, its successors and assigns, Forever. ✓Ind the said party of the first part, for itself and its successors, does covenant with the said party of the second part, its successors and assigns, that it has not made, done, executed or suffered any r act or thing whatsoever whereby the above described premises or any part thereof, now or at any time here- after, shall or may be imperiled, charged or incumbered in any manner whatsoever,:.The....party_ol the second part covenants for itself, its successors and assigns, that the prope�t, will be devoted only to church purposes. If the property ever ceases to be I used for church purposes, the party of the second part, its successors and assigns, shall not thereafter sell the premises without first offering to sell the premises to the party of the first part for the sum of $22,500.00 by wri te offer delivered to the City Clerk. If the City does not accept such offer within 60 days, party of the second part shall be free to sell or convey to third parties and the restriction on use to church purposes shall terminate. If the easement for road purposes herein described is ever sold by the party of the second part the party of the first part shall receive 50 percent of the procp Ene c�iFe o e e aais !ranted premises against all persons lawfully claiming the same from, through. I or under it, except items, if any, hereinbefore mentioned, the said party of the first part will Warrant and Defend. 3tt Xeotimanp Wbertof, The said first party had caused these presents to be executed in its corporate name by its .:_..Ma.Y.Q ........_ - President and its ................. Clerk....................... and its corporate seal to be hereunto affixed the day and year first above written, CITY OF EDINA, formerly known as VILLAGE OF EDINA, _............_ ........................................ ............._._......_...._.._ - -- - -- In Presence of By__...._ _ .......................................................... ............................... Its._._.May.cLr .._.._..._1ktt1t}extt - Its.._... ..G�.�x'.k._....— .._._____..._. tEXHIBIT A' • part n(' Govr+rnm,:nL Lot r ;i. ;'it ('1), i -n Section I'venty -i,ir ht (28), o ,°'On�` Hitr. Ircd icvc:nLcer: (117 North, 'a -r is n, a Tw-• nLy 'n^ ( 21) : c:' t, of U :: i •'thrinc� pal V c idian accordin to the C eve :7n ,c • ! c::r, s r, c rn rt .;nr: ., t�,cr�,oP :(•_:. .t; :�! do t•c • - • � :iC rl:rld .i ii G:•:� Co-- •,nci.np, -at th,i point •'-rt:rc the •;a- :a: of tnc riE;i:t of ,r,• • � f of t ,•._r •�4:::Ii:, %irt }i'_'1r•1i1 nntl iuttL::C2: rl ;: %:Ll:a:.y as lcx:.ttcd in d cC^ :tr.".tCu l rO:t`i ^eCt.G:1 � 3 c :aiJ i e irrl c:r .rctc(l b:• a lir.•� p.-Lrallel with and forty (L;0) feet suuL crly ZLL 1".--t an;;lcs ccrlt,7r line of the i:den Prairie Ko-ld, so-call-.:dl as laid uut and locate ts:rU o ;h Said ;r.cticn, :.Bich point is hcroinaftcr dt-si­nated as Point thence- North ;iliC ty- 'Vc?;1 de:;reos, t:;0 2 :7dnl.: i•es East 0 ( ) , ...lor:.; s•z_ci parallel line and at an angle of Ono Hundred Sixteen (116) degrees, for,: -seven (Lt7) r::irn_,tes, ..ith said ri ;iit of wny line, a distance of One Hundred T•.:enty (120) feet,, taeace south E two (2) dej,rec;,, thirty -three (33) minutes East 408.5 feet to a point :.;rich is the actual place of beginning of the land hereby conveyed. Ta -�nce from said actual place of beginning South t.o (2) degrees, thirty -three (33) mirutes East 340 feet; thence South nighty -nine (89) degrees, Thirty -ei �ht (38) minutes west 193.2 feet to said easterly line of *right of way; thence , ;ori;:er:y 340 fe t along said riF,•ht of way line to. a point 363.7 southerly fro; said Point "All r..easi:red .al said right of way line; thence Northeasterly at an angle cf Ninety-fcu (9:_) (L81 rzi mutes with said right of �.�y line a distance of 15L.3 feet to the actual place of beginning. And also the following Two (2) Casements for road purooses over and Across th. - folio-...in;: described land situated in said Hennepin County and Qe­crized as 11: L1 rc:at part of roverrrr:cnt Lot E'i'-,ht (8), in Section i.:cnty- '.i,ht (28), Township Ure iiiindreC' Sev.cntce-n (117) North, Range Twenty-One (21) :lest, of the Fifth Principa` Me.iaian, according, to the Goverment Sur ,r`y thereof, bounded and dcscribed as follo::s: � Corrn:ncin? at the point where the Easterly lire of the right of way of the i:i c ieapolls, Vorthfield and Southern Railway as located and constructed across said section is , intersected by a line parallel with and forty (LO) feet southerly aL ri. ;a angles from the center line of the Eden Prairie Road, so- called, as laid out and located through said Section, which point is he rei*zafter deli ated as Point 'tr, ", ar.; r� r.n_zg thence North Sixty -seven degrees, two (2) minutes East, along said paraL?.el lire and at an angle of One Hundred Sixteen (116) degrees, forth -seven (47) Amdnutcs, Wit-11 said right of way lire, a distance of One Hundred T•.:en,y (120) feet, glance Scuth t�•o (2)'degrees, thirty -three (33) minutes East 403e5- feet. ",hence vicsL 15L.3 feet • to said - ;h:,terly line of railway right of :;ay at a point 3;,3.7 feet oout::er =y from said Point "A ", mcasurod along said, right of way lire, thence norm alga; .sa:u cast ^rly line of railway right of :any to the place of beginnyng. Also tie fc_ ty- . (110) foot strip lying between said .parallel lire and the center line of said road, subject- to Easements for ro.1d purposes; to -wit: A strip of land t::elvc (12) feet wide. running northerly from the North lire cl. zhe- land hereby convcycd throiigh or near tiic center of the land last. above described, to said Eden Prairie Road, also known as ;den Avenue. And a strip of land Seven (7) feet wide along the Easterly line of the land lase, y described from the north line of the land he rain conveyed, to said Aden Prairie .ioad. It is a;recd that the Easement first above described unties the land described inthe,econd 'ascment above graded and rindo passable as a road for ingress and e to said :-,den hvc;nue. ohall be in force described shall b` gress from the land Arai al!3o the i:ascments for road purposes contained in the of needs, Pa;e 184, in the office of the Register of Deeds and e;''act r•r: fury o ur.cd up, - herein cc d deed recorded in goo.: -1 : ►3 for said county. ;' EXHIBIT A i I ` n �, c�- on F2wcn�y- r of T, t ,az,. Oo _Iancrc an a cc or Lj -C,C) kl _,1.:,Oy D31u1cca a-a acUCri,cd L,.s vOa y -- 1'ne o--- :,--: in a IDO-.7t 2 IL and Southern -.\,,_iiway a a,,", i con.­6ruc­ccc1 acro-cs -c.-Icl soc-,,_Jcn is intcr_'C_'C-_-CU Oy ­7 c, and OrV,y ­ t -_)o ccnter 1i no of 2oad, So-ca llcd, l id GuiL and "cca-ed t`rou�, �ca`d Scct-7o-, poir" is horcL-,,:,-'tor de-, -ra-. (I a:; I?011:t- "A". and riLn-nin,--, t1ac:Zc( Nrort1,4 Sixty-sevc.n. two -m` nu."c' - -'ac­ , Ong 1inc cand at —,-, a;,,L,-;1c_ of 10 7� ndrCd S4X-,;Con ll"� do:,i-,Dcs, orty-sst-2vCn (47) -.:-]Lnut-C,L, w-Lth --aid o "O' fee-- f way a dil_­`�ancc of Onie 1E�ndred '.L1,,qcnt-\f �) "So=-h two (2) 2 cZst 48.5 ect- to a which _`;D ti.: ac-tual .�laco of of the land hereby conveyed. T_`encc -Lrc,:.l Said ac-Ual r)_ :ace innin,,;, -South. two ,,.2) dio�rn<,cs, 31LO -�'oet; t.aciace 1-o­�h th"Lrty-t-I�reo M) Ll" � �. - S -"- L_,4 (89) derecs, 70"l-T "43y_eir- M . West 19;.2 foot to sa-�_CL ' Easterly LL of ri''-at of way; ',;honco -`NTor*1'1orlY 340 alon- said 1-1.lr,hil- Of way 'lino to a "-)oJL---t southerly fro-, ::_-id Point "A", r,,,Ca.;urca C:aonr, said of ,,Tay linc; 11'Lcncc a1c, an ,,,n,lrlo of a-­_Tncty-four (94) aclzrocs), Fort-y-eii,­'at- (46) wi*­t11 D - ot to ta- actual s a d r G: i,,­ "ino a d's'ance of 154." lo �L -Y U place la,.d (2) Ecsc-..,icn`,-s for road purposscs over and across t1ao oll lowin­ dcocribed land situated in said -Elbmiepin County and dcscr -b cd; a all that Dart of Governmer. t Lot Light in (26), 'Sh4- d - e. u -7) p One Hundre- S von-con (a.1 Ic--� �_h, Ran,�o .Dzonty- Dac r21 I, - u T,-[es-., of the ii th Prfincipal accoid-_n1­ to the OT cvD k, le2i_` ian, ent Survey -her,3of, boanidcd and dcccribcd as follo%-:S : Co=:,,� nc"Ln� at the D o i n". 6 whcro the Easterly 1-ino of the r-_'ght of .,,6,y of the Minnca-pol.-*Ls, 'Northf.-Lo.1d and Sout-1-.crn Railway as located and cons'Cructed across said Q'_ --I - - - 40 SOC_ �O� JS i-f'`-C-22CCt-Cd by a - Casa., -Cl Withi and fc-_­�y fcc."u- southerly at- ri,),ht an-los fron,'I the cont-cr line of the Ede- so-callud, ac laid out and tl-irou�;s. said Section; w1-1-ich -1,point- is hereina Uor designated as -Point "All". a"u t-1-LcncO 1\1orta -Sixty-seven de-recs, two (2) minu-1-1-as East, said , llcl line and a­� an a;: le of no I;,-, id j x-1 . - L para ir :�-Od S� �Co_ do-rcos; forty -seven It) mlnu-tcs with said right- of way -7 st,,--ir --L� ed �_ c 1. (120) 'Loot, thence South. ­c, a d� �cc of One 11 �di� ',vi nty i o '2 y .,, � ) de; ;hir� -thro 3_3 k� ninut",cs East 1,08.5 fect 1' once West- 1,74.3 fcot to --a-.;*_d asu cr1y !in e of railway r- t of u L U G_� ",.'L',Y at a DG-Irlt "-.7 f&�t soUtherly from said Point "A", -lea' su2ed along said ri-ght- of t..,ay line, thence north along Said E'astcr.ly I.Lnc of railway ri�I-it of way to the place of bc_` nn in�z C' a,30 tae forty "0 foot trig) _Iy-�n- be con said -.aralIc- 1`�-o u uw C,Tid t1no Center Of Said road, SWOject to Easell"ents for road DurDcscz,- to-wit: 70" w-�dc, no--th,orly 1-1.0m twolve "no of thc land h�2:-c:0y conveyed through or no,ar v Cc u o s .lid Edon 2rairio c,:.�LL. 3 __as-c a3ovo aos'cr:�3,2a, t _1 Edo-2. Avc-nuo. C'cvC:n (7) -'-onc ho Ea-�`L-,crly s r j of an g f ­ia li -I,o 'an, i.c rein '1�cxi 0- `110 Noi no of to Lai_" A- -c1ac Eacomant-S i G ro-d rurposes cont a-L U e d in `-c doo - J - :2,:;cQ2 (�Ci Doa- 1143 o' Dc�dS, 171a-o 184, �.n- the OfI LCO OL t;.@ t said county. s No. 15174 YELLOW V1BUyer's Copy MILLER ,IOAVI.,"C,.. GREEN—Seller's Copy PURCHASE AGREEMENT PINK—Buyer a Receipt in - ti .......... ............................. ........... Minn. ............. :W .... 19.....:.. RECEIVED OF ...... �!Al: 0, ... ....... ... ....................................... __ ............ :4 .......................................................... ...... .......... the sum of.. PSIJ�, Zlfi6 1'7G 100 ---­---­­---­­ I i 0�1�1.6' ................................................................................... .... ...... k�.) DOLLARS ........ I .............. .... .......... * ......................... as earnest money and in part payment for the purchase of property at (Check, Cash or Note— State rCt T)r,., ontl- .......................... — - 6 il ................. ................................................................................. ......... ..........situated in the County of ................. 1jG. ......................................... State of Minnesota, and legally described as follows, to-wit: &, ?, „hi 1:� i t `,•I, ”, At t n c. i J t-, d including-allgarden -bulbs, plants i shrubs andtrees,•alJ-storrn sash,storin doors, detachable, vestibules, screens; awnings, window shades,-blinds,- (including- venetian -blinds); -curtain -rods traverse - rods,-drapery rods,-lighting fixtures and bulbs,-plumbing fixtures, hot -water -tanks and-heatingplant -(,with 'any-burnersl-tanks; stokers-and other,equipment used in connection there - -with); -water softener-and,litl6id gas tank -and-controls -(if the property of'seller);-sump pump; television- antenna; inciner- ator, built-in dishwasher, -- garbage- disposal, ovens;-cook-top °stoves-and,,central airconditioningequipment,-if any; used and -locate&on said premises -and including-mlso the --following -personal property: all of which property the undersigned has this day sold to the buyer for the sum of: . �. ........... .......... .... I ... V Ov .......sa... nd ................................. : ............. which the buyer agrees to pay in the following manner: ........................... DOLLARS, ..... cash, on ... �!:E ... .............. the date of closing. Earnest money herein paid P. � ...... and$..?..t P_ t t3 "Co c-0 c Ic" Subject to performance by the buyer the seller agrees to execute and deliver a ................- .:L; Lk (to be joined in by spouse, if any) conveying marketable title to said premises subject only to the f ol I . ow - i - ng - exceptions: - - - Warranty Deed in (a) Building and zoning laws, ordinances, State and Federal regulations. (b) Restrictions relating to use or improvement of premises without effective forfeiture provision. (c) Reservation of any minerals or mineral rights to the State of Minnesota. (d) Utility and drainage easements which do not interfere with present improvements. (e) Rights of tenants as follows: (unless specified, not subject to tenancies) The buyer shall pay the real estate taxes due in the year 19.Y.H.—and any unpaid insrallmT,tso 'fspecial assessments payable therewith and thereafter. Seller warrants that real estate taxes due in the year 19 will be ....... . .. .. .. ........................... homestead classification (T Neither the seller nor the seller's agent make any representation tLll;�'FiftiaT. 61 non-homestead —state which) or warranty whatsoever concerning the amount of real estate taxes which shall be assessed against the property subsequent to the date of purchase. Seller covenants that buildings; if any, -ate"entirelywithialthe,boiinda�ry:line-s'of the Property and -agrecs-to,remove all- personal property not included herein and all debris -from the premises Pribr�to possession -slate. ,SELLER,-,WARRANTS ALL-APPLIANCES,"HEATING, AIR CONDITIONING; WIRING ,"AND , PLUMBING -USED AND, LOCATED-ON SAIDTREMISES ARE IN PROPER WORKING ORDER AT DATE OF CLOSING. The seller further agrees to deliver possession not later than . ... ... ............. ................ provided that all conditions of this W agreement have been complied with. Unless otherwise specified this sale shall be closed an or .Ic*o days from the date hereof. In'theevent'this I)roperty-is'deKtroyedarsubgtantially-da:mAged by,fire7orlanyothercausz before -the-closing'date, this agreement shall become' vall,and'void,`^ar the, purchaser's• option,--and alimonie-9'paid-hereunder shall �be -refunded to -him: The buyer and'seller also mutually agree- that-pro -Tatz- adjustments -of rents,,,• interest; insurance and-city water, and; in the case of income property,--current operating-expenses, -shall be-made%as of - ........... ............ The seller shall, within a reasonable time after approval of this agreement, furnish an abstract of title, or a Registered Property Abstract certified to date 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 within 10 days after written notice to the buyer, the parties shall perform this agreement according to its terms. If said title is not marketable and is not made so within 120 days from the date of written objections thereto as above provided, this agreement shall be null and void, at option of the buyer, and neither principal shall be liable for damages hereunder to the other principal. All money theretofore paid by the buyer shall be refunded. If the title to said property be found marketable or be so made within said time, and said buyer shall default in any of the agreements and continue in default for a period of 10 days, then and in that case the seller may terminate this contract and on such termination all the payments made upon this contract shall be retained by said seller and said agent, as their respective interests may appear, as liquidated damages, time being of the essence hereof. This provision shall not deprive either a of the right of enforcing the specific performance of this contract provided such contract shall not be terminated as aforesaid, and provid,parcrtion 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 and that the under- signed agent is in no manner liable or responsible on account of this agreement, 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: ................ .r:. 1 1 0 F I J. x, " I-, V n ............... .. .... ............................................................. c' 1, the undersigned, owner of the above land, do hereby approve By ........... ............... Agent the above agreement and the sale thereby made. I hereby agree to purchase the said property for the Price and upon the terms above mentioned, and subject to all conditions herein expressed. ...................... ................ I .......................... ........... (SEAL) Seller its . .......................... e. .............. ..... . ....... (SEAL) Seller ..f .............................. ....... ........... A Buyer Zm-­­ (SEAL V001's Ali '�.;it. past or rovernm­rit Lot s; ;:;ht (3), in Section Twenty- Eight (28), Toy =n ~hip Ono iiun l red Sevu-nLcen (117) North, i:an,;e i wenL•r -One (21) _ ;e nt, o£ tile F i "th "rincipal Ycridian, according to the Govern^nr.t Survcy thcrooi', bcunded ar.:I dcscri;;,.d as Co,.r,- :nci.n ? °at thy, point *•here the i• ;a;tcrly line of tnc right. of ;ray of the I•iirn,2apolis, Nf)rt.h`-ielrl and .= ,,uut'ncrn Railway as loc;itcd -nd constructed acro:s said section is int.cr ;rcted b;; a line parallel with and forty (L;0) feet southcrly aL ri;;ht ani;lcs th'U centrrr line of the Eden Prairie Road, so- called, as laid out and located t ;rw; ;h Said :;ecticn, .- .trich point is hercina ter designated as Point "A ", arsi running thence A:orth ; ;ixty- ;,even degrees, two (2) ;.:in uzas East, alon_; said parallel line and at an angle of Ono Hundred Sixteen (116). degrees, forth -seven (47) minutes, with said right of w�;,r line, a distance of One Hundred Twenty (120) fee:., thence South two (2) degrees, thirty -three (33) minutes Last 408.5 feet to a point which is the actual place of beginning of the land hereby conveyed. Thence from said actual place of beginning South two (2) degrees, thir ty -three (33) rrsrutes last 340 feet; thence South Eighty-nine (89) degrees, Thirty - Point (38) minutes west 193.2 feat to said Easterly line of right of way; thence i:ortheriJ 340 fe t along said right. of way line to a point 353.7 southerly fron. said Point "k ", measured al said right cf way line; thence Northeasterly at an angle of 41i :;.nett' -four a° ryes, Fcr -e;o ± (0) rv.nutes with said right of r,4y line a c;,stance of 15L.3 feet to the actual place of beginning. And also the following Two (2) Easements for road nurooses over and across th.- foiio:.in;, describcd 'Land situated in said Hennepin County and riescri.:ed as ",-..LIT.. :at Part of Government Lot Eight (8), in Section Twenty -Fight (28), ;o•..-rship One: Hundred Seventeen (117) North, Range Tc:enty -One (2.1) .:est, of the Fifth Princip -0 Meridian, according to the Government Survey thereof, bounded and described as follows: ' Comm,.�ncin.?, at the point *.where the Easterly lire of the right o.- way of the Minneapolis, i<Iorthfield and Southern Railway as located and constructed across said section is intersected by a line parallel with and forty (L0) feet southerly aL rig'nt angles �£rom the center line of the Eden Prairie Road, so- called, as laid out and located through said Section, which point is herei-raftcr designated as Point "A ", and running thence Korth Sixty -Seven degrees, two (2) minutes East, along said parallel line and at an angle of One Hundred Sixteen (115) degrees, forth -seven (47) rdnutcs, with said right of way line, a distance of One Hundred Twenty (120) feet, thence South t,."o (2) • degrees, thirty -three (33) minutes East 408.5 feet. Thence ::es 4 151;.3 feet to nail - intearly line of railway ri ht of :;ay at a point 3:,3.7 feet southerly from said Point "A ", measurod along said right of way lire, thence north alen-- szl .0 . East ^rly line of railway right of way to the place of beginning. k1so tie forty . (Ir0) foot strip lying between said parallel lire and the center line of said road, is subject to Easemnts for road purposes; to -hit: A strip of land t: *elvc (12) feet wide running northerly from the North line c.- the- • car center and Iast. abov; described • t� conv„ ed throe or n��. tii_ c.,n...._ of th.. 1 e lZna n_re ,f Y � -, . to said Aden Prairi© Road, also kno:rn as i.,dor r.zfsnue> And a strip of land Seven (7) feet wide along the Easterly line of the lard last described from the North line of the lard herein, conveyed, to said ;;den Prairie .Wad. It is a ;recd tnat the Fasement first above described shall be in force and effect c•rl;;:: - until the land described inthe,econd ' aso=nt, above described shall be fully or :rcd, up, graded and rondo passable as a road for in;ress and egress from the land herein car-re,za to Said ;.Wen Avcnue. - 1' ►rxi also the i- ,asements for road purposes contained in the deed recorded in Book ,11.43 of Dceds, Pa;e 184, in the office of the Register of Deeds for said county. • - � - -�� Vie•• EXHIBIT "A." 13mltsd - Warraafj Deed: Corporation to Corporation. a. ....... __ Foray Igo, 23—M. Miller Davis eo., MinnaaaolL. Mme Minnesota Uniform convcranNne Blanks (1831)_. TW5Xnbenturet .Made this ......... ............................... ............................day of. ...................... ................... 29.7..7...._ between.... CITY...OF .... E .DI N.A .... formerly known. as....VILLAGE OF .... EDINA., . a o po at n under the laws o the State o F rp � f f........... Minnesota . .............................., party of the first part, and .THE CHURCH OF OUR LADY OF GRACE IN EDINA, MINNESOTA, a Y4�r}z'c�itton under the laws of the State of..... ...... _ Minnesot_ a ..... ............................... _ . .............._..............., party of 'the sccvnd p¢rt, WitUC515eff), That the said party of the first part, in consideration of the sum of One.- Dol,lar_..and,... other...valuab;l_e„ con.siderat. ion.------------ ._. . .----- - -�j{}� .... .... ...... ............................... 7TH to it in hand paid by the said pa?*j of the ,second part, the recaipt whereof is hereby. acknowledged, does hereby/ Grant, Bargain, Sell, and Convey iinto the said partrj of the second part, its successors and assigns, Fore ?. .,er, all the or parcel........ of land lying and bein5 in the County of........Hennepin and State of Xinnesota, described a,s follo,,cs, to -wii: See Exhibit A attached hereto. To 3�abe anal to 34olb the �*atm Together with all the hereditarnents and appurtenances there- unto belonging or in anywise appertaining, to the said party of the second part, its successors and assigns, Forever. .gnd the said party of the first part, for itself and its successors, does covenant with the said party of the second part, its successors and assigns, that it has not made, done, executed or suffered any act or thing whatsoever whereby the above described premises or any part thereof, now or at any time hero- after, shall or may be, imperiled, charged or incumbered in any manner whatsoever,. he....P..- Ar.t;y.....of, thi second part covenants for itself, its successors and assigns, that the prope: will be devoted only to church purposes. If the property ever ceases to be used for church purposes, the party of the second part, its successors and assigns, shall not thereafter sell the premises without first offering to se. the premises to the party of the first part for the sum of $22,500.00 by wri-, offer delivered to the City Clerk. If the City does not accept such offer, within 60 days, party of the second part shall be free to sell or convey to third parties and the restriction on use to church purposes shall terminate. If the easement for road purposes herein described is ever sold by the party of the second - part the party of the first part shall receive 50 percent of i proem t e eitle €o In a oieIranted premises against all persons lawfully claiming the same from, through or under it, except items, if any, hereinbefore mentioned, the said party of the first part will Warrant and Defend. In Teotimonp Mbereof, The said first party has caused them presents to be executed in its corporate name by its..... ..May- Q.r............ President and its ................ Cler 'k ................... ....and its corporate seal to 0 be, hereunto affixed the day and year first above written, CITY OF EDINA, formerly known as VILLAGE OF EDINA, ....................... ............................... In Presence of By........................................ _ ........... _ .... . ... ............. Its........ May= ..............�*W Its ......... C.1:erk._ ..... _..... _r ty 1 ten k Minnesota Form No. 23. Doe. No. .......... ............................... LIMITED WARRANTY DEED Corporation to Corporation _ ............ ................................................. .. ............................... Office of Register of Deeds, btate of finnezota, Countyof ................................. ............................... I hereby certify that the within Deed was filed in this office for record on the ........................day of........................ .............................., 19............, at ..................... o'clock .................. _....✓ll., and was duly recorded in Book ..................... of Deeds, page ........................ ................................................................ ............................... B� .............. .......................Register of Deeds. / .. Deputy. Taxes for the year 19........., on the Zands described within, paid this .. ............................... dayof .............................. ............................... 19......... ................................................. _........... .............................. . County Treasurer. By................................... ............................... De ut J Taxes paid and Transfer entered this ........................day of........................ ............................... 19............ ................................................................ ............................... County .auditor. By......... ............................... ............... Deputy. itcco�dfn¢ �F�� sz.00 En rt• W rh CD b N tD a H to X U G m x m •tn N N 0 4 oS o W -t 00 , N .9. Z Z W H ,' -4 �►, 1y ina„ yy �, y, O C I� b m z N N• n cr En m C .-I !°M1 rt�. n U g A; t m sue. � M P4 g • R+ go P . K 6 ZA 9 o �* o c� 42 o y P zP,o��' . A o �• o �b b � C, • EXHIBIT A I' LI .,t. part of Fovr-rnm, :nL Lot t ;t :'ht ('i), , fOnct iilln l r: d is ionLcer (117) North, .cyan, ;c i w!.I t -4, 0 ( 21 ) :t, of Li ,c :rinc 4nal . 1'r_�iclian, zccorclint; to the Govr'rn:7nnt ;ltrvc t'- eriCf, t ,'n'1'2 -_' :li:'1 dcsCrl ;.,d Is fC :lp. {•• Co-- ',nci.n� •at th,� point nc ;re the ,- :a7t ^rly line of tnc ri 'i:L o ,.,,y oA' ts:e . ;lrr ells. as lcy:aLcd : ,n,d Ccn;tr,_,CtC(,1 cro:;s 1Ji:1 ^CL!G :1,is i:lt err ,r c`,ccl b•.- a ling p:irallel with and forty (0) fCCt Cut1L�-;crl_/- <<L r _;; t an,; ;lea i row ti;e cetlt r lire of the ''Elden Prairie Ko.ad, so- called, as laid cut r.nd locate? t :ro`; 'h s•-lid - ,oc:ticn, ..hich point is h;'_cc!nai tCf dc^..Si ;natcd as Point`, 'I,,.It, nin =rib thunc�_' j:orth Sixty- :;even degrees, two (2) ,ran,,tes East, alon ; saki parallel line and at an an�le of One Hundred Sixteen (116) ce,rees, iori: -•s e' /an (L7) 1tin�t° it:t said ri ,ht of wny line, a distance of One Hundred Twenty (120) feet, ttnence sout:-i two (2) degree ; ;, thirty -three (33) minutes East 408.5 feet to a point ,;ni c h is the actual place of beginning of the land hereby conveyed. The nce from said actual place of beginning South two (2) degrees, thirty -three (33) riunutes East 340 feet; thence South Eighty -nine (89) degrees, Thirty -eight (30) minutes west 193.2 feet to said easterly line of right of way; thence i;or herly 34.0 fe t along said right of way line to. a point 363.7 soutnerly from, said lout "A ", measuzed al . said right of way line; thence Northeasterly at an angle of ,� inety -fcur { 9 } "'• ° --ces, :'c:' j eight (1;8) ninutes with said right of c.�y ling a ciistarca of i51� 3 feet to the actual place of beginning. .r And alno the following Two (2) Easements for road ourooses over and acrona the. failo :yin :� descrineci land situated in said Hennepin County and riescri.:ec as part of Oovr_rnment Lot Eight (8), in Section TWCnty- '1:.i-,nt (28), To, -reship Orc: iiiindred >cvr_ntce.n (117) North, Range Twenty -one (2.1) :•jest, of the Fifth Principal i•Se_iaian, according, to the Croverrn-cnt .Sur-,'ey thereof, bounded and described as folio ws; 1 Comni,ncin_-r at the point where the Easterly lire of the right of way of the 1i- ,iraieapolis, III orthfield and Southern Railway as located and constructed across said section is '. intersected by a line parallel with and forty (110) feet scuthe�rly at ri of angles ' ' from the center line of the Eden Prairie Road, so- called, as laid out and located through said Section, which point is hereinafter designated as Point "A ", and running thence North .Sixty -seven degrees, two (2) minutes East, along said para:lel lire and at an angle of One Hundred Sixteen (116) degrees, forth -seven (47) mLLnutcs, , ;ith • said ri ht of way line, a distance of One hundred 1 r :entf (120) feet, t;.ence South t'r.-o (2) 'rleg;rees, thirty -three (33) minutes East 40305 feet, -'dente Vicest 151..3 feet • to nail r.- Asterly line of rail-..,,ay right of way at a point 303.7 feet southerly from said Point "A ", measurod along; said. right of way lire, thence north alun„ Zaiu Ea ;t -rly line of railway right of -way to the place of beginning. Also use fc_ ty . (110) foot strip lying between said parallel line and the center line of said road, subject to Easements for road purposes; to -wit; A strip of land t: *elvc (12) feet wide. running; northerly from the `:ort*n line cf tile' land 'hereby conveyed through or near tilt center of the land last. above described, to said Widen Prairio itoad, also known as ..den Avenue. And a strip of land Seven (7) feet wide along; the Easterly line o' the land last described from the Forth line of the land herein, conveyed, to said Eden Prairie .ioad. It is a ;reed that the Easement first above described shall he in force and ef'ccw r•r ; until. the land described inthe3econd 'ascment above described shall be fully o_ -_,nQd up, _ - graded and n:1do passable as a road for ingress and egress from the lard herein cor :, -Cyad to said ; -,din Avc;nuo. - Ana also the Easements for road purposes contained in the deed recorded in :look '11 -i3 of need:,, Pa;e 184, in the office of the Register of Deeds for said county. 1 � Citj,'� of a RESOLUTION 4801 WEST FIFTIETH STREET • EDINA, MINNESOTA 55424 BE IT RESOLVED that the Edina City Council does hereby authorize and dir-. 927 -8861 ect the Mayor and City Clerk to enter into Purchase Agreement with the Church of Our Lady of Grace in Edina, a parish corporation, for the sale of the following described property for a cost of $22,500.00: All that part of Government Lot Eight (8), in Section Twenty -Eight (28), Township One Hundred Seventeen (117) North, Range Twenty -One (21) West, of the Fifth Principal Meridian, according to the Government Survey thereof., bounded and described as follows: Commencing at the point where the Easterly line of the right of way of the Minneapolis, North - field and Southern Railway as located and constructed across said section is intersected by a line parallel with and forty (40) fees southerly at right angles from the center line of the Eden Prairie Road, so- called, as laid out and located through said Section, which point is hereinafter designated as Point "A ", and running thence North Sixty -seven degrees, two (2) minutes East, along said parallel line and at an angle of One Hundred Sixteen (116) degrees, forty -seven (47) minutes, with said right of way line, a distance of One Hundred Twenty (120) feet, thence South two (2) degrees, thirty -three (33) minutes East 408.5 feet to a point which is the actual place of beginning of the land hereby conveyed. Thence from said actual place of beginning South two (2) degrees, thirty- three (33) minutes East 340 feet; thence South Eighty -nine (89) degrees, Thirty -eight (38) minutes west 193.2 feet to said Easterly line of right of way; thence Northerly 340 feet along said right of way line to a point 363.7 southerly from said Point "A ", measured along said right of way line; thence Northeasterly at an angle of Nine -four (94) degrees, Forty- eight (48) minutes with said right of way line a distance of 154.3 feet to the actual place of beginning. And also the following Two (2) Easements for road purposes over and across the following described land situated in said Hennepin County and de- scribed as "All that part of Government Lot Eight (8), in Section Twenty- Eight (28), Township One Hundred Seventeen (117) North, Range Twenty -One (21) West, of the Fifth Principal Meridian according to the Government Survey thereof, bounded anal described as follows: Commencing at the point where the Easterly line of the right of way of the Minneapolis, Northfield and Southern Railway as located and constructed across said section is intersected by a line parallel with and forty (40) feet south- erly at right angles from the Center line of the Eden Prairie Road, so- called, as laid out and located through said Section, which point is herein- after designated as Point "A ", and running thence North Sixty -seven degrees, two (2) minutes East, along said parallel line and at an angle of One Hundred Sixteen (116) degrees, forty - seven (47) minutes, with said right of way line, a distance of One Hundred Twenty (120) feet, thence South two (2) degrees, thirty -three (33) Minutes East 408.5 feet. Thence West 154.3 feet to said Easterly line of railway right of way at a point 363.7 feet southerly from said Point "A ", measured along said right of way line, thence north along said Easterly line of rail-way right of way to the place of beginning. Also the forty (40) foot strip lying between said -arallel linee and the center :tine of said road, subject to Lasezrents for r:-Ad p::.- poses; to-wit: 1 • A strip of land twelve (12) feet wide running northerly from the North line of the land hereby conveyed through or near the center of the land last above described, to said Eden Prairie Road, also known as Eden Avenue. And a strip of land Seven (7) feet wide along the Easterly line of the land last described from the North line of the land herein conveyed, to said Eden Prairie Road. It is- agreed that the Easement first above described shall be in force and effect only until the land described in the second Easement above de- scribed shall be fully opened up, graded and made passable as a road for ingress and egress from the land herein conveyed to said Eden Avenue. And also the Easements for road purposes contained in the deed recorded in Book 1143 of Deeds, Page 184, in the office of the Register of Deeds for said county. Adopted this 20th day of June, 1977. STATE OF MINNESOTA ) COUNTY OF HENNEPIN) SS CITY OF EDINA ) CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina, do hereby certify that the attached and foregoing resolution was duly adopted by the Edina City Council at its Regular Meeting of June 20, 1977, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this 12th day of July, 1977. City _Cler'k WHITE — Office Copy No. 151731 YELLOW— Buyer's Copy GREEN— Seller's Copy MILLER -DAVIS Ca PINK— Buyer's Receipt Minneapolis PURCHASE AGREEMENT .......Edina ...... .........................Minn., ........dune.... Q..................... 19.7.7... RECEIVED OF ..... Our ... Lady.,.of.,.0race ... Oathol c... Church,,.,..,,.,, .......................... the sum of .... One...�'hoLl ana..a }S?...N91 194...-- ,- --• --- -...0. 8.00040.) DOLLARS Chec]t ................••.•• ••••••••;,••••••••••••o earnest money and in part payment for the purchase of property at . (Check, Cash or Note state Which) (Address not presently established) L s .(See egal. Description attached Marked "Exhibit A" situated in the County of ..... . .......... H0,n A e PAW ...................................... State of Minnesota, and legally described as follows, to -wit: See Exhibit "A" Attached includiuFr� ,�� u�' 'bail stn= sash, storm .daQr,,4derachablestestibaks, cxa =,a -rniu &S V1;judQW sleazes,-• blinc�s-(- i• �ekt�g�Ietia�r-# �i�ds�- exr��in- reck�•eta�erse- ro��dTapery- reds; iiglitirrgf:xeeeres- aid- ;�lbspinmbing fi*mPes; 13et eeertaa} ks- ais rl- t�eatifrgp�a: :t- (vrtrk�aey- b�Zrt:ers,- -tYext r, -stet cars- aee�etker- egeripi erlt- nsec�ia- eetxereerierr there - iudtl3); mater-- soltenei: -a eri4gas •lt- arid- eoatroi' s•- (4- the troperey- 4eeRer },- sttmp- , te�es�isi�na; ieeirler- •-ater- ,4ti4- in- •_ishvmsher ge- dtspeserl; eveas, eeek- top - staves• - equipfnent; 4f- a$y;•ei9e4•and mated -oa -said• -p t"' es- a,"A- 4*64iag sef he4o4owing- persori�l- }�roPerey: all of which property the undersigned has this day sold to the buyer for the sum of: .- Tw.enty- TW.Q...Tb.Qu.s axed ... Yi Ve ... HUAdXe ,.d..- .-- .--- .---- •- - - -, -- ($.22..504...0()] DOLLARS, which the buyer agrees to pay in the following manner: Earnest money herein paid $...1,,.000 ....... and . 21, ;50.0..,.,.,. cash, on ..Ju?3e 3.0,,;...197.7•••.., the date of closing. The property described herein is being purchased to be used for church purposes. In the event that the same ceases to be used for church purposes, the Church is to offer the property first to the Village of Edina for $22,500.00 before the same can be put on the market for sale to others than the Village of Edina. If buyer sells easement for road purposes, the City of Edina shall receive 50% of the proceeds flowing therefrom. Possession of said property shall be as of September 1, 1977. Subject to performance by the buyer the seller agrees to execute and deliver a .......... .....Limited................... ....................... Warranty Deed (to be joined in by spouse, if any) conveying marketable title to said premises subject only to the following exceptions: (a) Building and zoning laws, ordinances, State and Federal regulations. (b) Restrictions relating to use or improvement of premises without effective forfeiture provision. (c) Reservation of any minerals or mineral rights to the State of Minnesota. (d) Utility and drainage easements which do not interfere with present improvements. (e) Rights of tenants as follows: (unless specified, not subject to .ggancies) The buyer shall pay the real estate taxes due in the year 19../.5. nd any unpaid installirW f special assessments payable therewith and thereafter. Seller warrants that real estate taxes due in the year 1979.... will be ................. 1VC7...�'....................... homestead classification 001)UMX• non - homestead — state which) Neither the seller nor the seller's agent make any representation or warranty whatsoever concerning the amount of real estate taxes which shall be assessed against the property subsequent to the date of purchase. Serereeaeni m -that the- •andagrees- te•re property -normeieclet}- herein - and- elldebris- from- tke- preraiaerpriorte- pesxarietrdeete -££ £ VY�1i�RA;eVT -6 r1 -.4PP LAIC- ES- iI£��1i�Ifr -trFR E6P�SI•�'IE}ATi�fr, �31�F% PJ6- t1rA1• D- �. I•?: A4BI�IG�36EE�. 41�FD- bOfrA�F�33- 9P��6t�I�- gR$ 1Lf16E6- rtrRdr�t�F�ROf '£ib {•Hdi3- @RI'lL}R The seller further agrees to deliver possession not later than _ . _ _ ............................ .......................provided that all 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. Fn -the event this- prepertria -F 11 lesirrgzlate 41isagreeiitenes119li beeornr•mrH -nnd -raid; nr• the- p�asers- c�prion,- emd- zrli-• erxxries�nielhereemdersf�aH- be�efnnded•evlritrr. i�hefinger- etxi- salkral se- rntzt�erak3- agree thet-pfo-rste- editwmetm -o- tents- 4itere*, -imw* nee- and -eit'- water, -and -, +n-the-me- of income- gteper Yrr,► �>:rewcopa�asiag- aickwwsas -slta b0rrza� -aesf ........... ............................... ................................................ ............................... The seller shall, within a reasonable time after approval of this agreement, furnish an abstract of title, or a Registered Property Abstract certified to date 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 within 10 days after written notice to the buyer, the parties shall perform this agreement according to its terms. If said title is not marketable and is not made so within 120 days from the date of written objections thereto as above provided, this agreement shall be null and void, at option of the buyer, and neither principal shall be liable for damages hereunder to the other principal. All money theretofore paid by the buyer shall be refunded. If the title to said property be found marketable or be so made within said time, and said buyer shall default in any of the agreements and continue in default for a period of 10 days, then and in that case the seller may terminate this contract and on such termination all the payments made upon this contract shall be retained by said seller and said agent, as their respective interests may appear, as liquidated damages, time being of the essence hereof. This provision shall not deprive either pat of the 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 and that the under- signed agent is in no manner liable or responsible on account of this agreement, 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: .... . .. . ... • • . • • • ...................................... ............................... . TITLE INSURANCE COMPANY OF MINN. '1s........... ..................... ................................. ............................... 400 2nd•••Ave.•••So.,•••Mpls., Mn.�� 55401 I, the undersigned, owner of the above land, do hereby approve 4=xxm000uL-.Dcxxxxxxxxxxxxxxxxxxxxxxxx3uam the above agreement a d the sal ereby made. I hereby agree to purchase the said property for the price and VILLA OF , M icipal Corp. upon the terms above mentioned, and subject to all conditions herein expressed. OUR LADY OF GRACE CATHOLIC B...... ........ ..................(SEAL) C RCH elle ..................... James rV alkenburg,Mayor (SEAL) .r....... ............... uyer (S AL) By...... �... ... .... Florence5eiler Hallbe (SEAL) Cler BIIyer I All *::, Mary of r,'ovf-rnmr:rit Lot �;i;:ht (i�), in Section Twenty-Eight ( ?i), Town.h:p One ilu lrcd Seventeen (117) north, i�an,;e Twent f-Qnc (21) ::e t, of the F i''th "rincipal Ycridian, according; to the Governrr.nt Survey thereof, t:eundcd ar..1 dcscri,-j_t.d as fello,'t: C07ncnci.ng •at tht- point -here the %a ;tcrly lire of tnc right. of gray of the Minneapolis, N()r0iFie>ld arnl Southern Uallway as located :nd constructed acror:s said section is r int.cr ,nctcd b.; a line parallel with and forty (40) feet southerly at ri:;ht an,;lcs from the: center line of the Eden Prairie Koad, so- called, as laid out and located throi, ;h said :section, :;finch point is hercina ter designated as Point "A ", arli running thence north ;sixty -seven degrees, two (2) minutes East, alonj; said parallel line and at an angle of Ono Hundred Sixteen (116)• degrees, forth -seven (47) minutes, with said right of why line, a distance of One Hundred Twenty (120) feet, thence South two (2) degrees, thirty -three (33) minutes East 408.5 feet to a point which is the actual place of beginning of the land hereby conveyed. Thence from said actual place of beginning South two (2) degrees, thirty -three (33) minutes -ast 340 feet; thence South Eighty -nine (89) degrees, Thirty -ei7ht (38) minutes west 193.2 feet to said easterly line of right of way; thence Northeriy 310 fe t along said right of way line to a point 363.7 southerly from said Point "A ", measured al -. said right of way line; thence Northeast-erly at an angle of AN -.Mety -four (9i:) :'e ?rces, Forth pig?,± (�R) ninutes with said right of t..v line a distance of 15L feet to the actual place of beginnirg. And also the following Two (2) Easements for road purposes over and acror:s th.+ fo11o•.,;in.: described 'Land situated in said Hennepin Cotinty and ciescri.:ed as ":.J.i r;:at part of Government Lot Ei?ht (8), in Section Twenty -Fight (28), Towr:ship OnL- hundred Seventeen (117) North, Ran?e Twenty-One (2.1) West, of the Fifth Principal, Meridian, according to the Government Survey thereof, bounded and described as follows: Comn,.ncing at the point where the masterly lire of the right of way of the Minneapolis,, Northfield and Southern Railway as located and constructed across said section is intersected by a line parallel with and forty (40) feet southerly at right angles from the center line of the Eden Prairie Road, so- called, as laid out and located through said Section, which point is hereinafter designated as Point "A ", and running thence North Sixty -seven degrees, two (2) minutes East, along said parallel line and at an angle of One Hundred Sixteen (116) degrees, forth -seven (47) minutes, with said ri ;ht of way line, a distance of One Hundred Twenty (120) feet, thence South , tF•o (2) •degrees, thirty -three (33) minutes East 108.5 feet. Thence Wi:cst 154.3 feet to ::aid 's,terly line of railway rir :ht of way at a point 363.7 feet southerly from said Point "A ", measured along; said. right of way line, thence north alanK suiu : Easterly line of railway right of way to tha place of beginning. Also the forty' . (40) foot strip lying between said parallel lire and the center line of said road, subject to Easements for road purposes; to -w -t: A strip of land t-,!elvc (12) feet wide running northerly from the North line cf thb land hereby conveyed through or near the center of the land last.above described, to said ,;den Prairie Road, also known as i den Avenue. And a strip of land Seven (7) feet wide along the Easterly line of the land last described from the North line of the land herein. conveyed, to said Aden Prairic .iozva, It is arced that the Fasement first above described shall be in force and effect unties the land dcscribed inthe3econd Tasemert above described shall be fully op _,r.Cd u?, graded and mzdo passable as a road for ingress and egress from the land herein, conveyed to said ; -,don Avenue. And also the l,,asemunts for road purposes contained in the deed recorded in Book ^11.4 3 of Deeds, Page 184, in the office of the Register of Deeds for said county. EXHIBIT "A." 1" BOON41'610 PAH11U - .. ......,....... Form No. 9 Mln nesota �U nlform Conveyancing Blanks (1931) made this .. ................ ........ .z�...l�j ......day of ............ October.. ............................... 19.67....., between. ........... O s car... Roberto... OAMPanY ........................ _................................................................................................................................ Minnesota u corporation under the laws of the State o f .................... ........... .................... ................... party of the. first part, and Village of Edina, a Municipal corporation ................................................. ............................... party of the second part, Mitn900b, I'itat the said party of the f1rst part, in consideration of the sum of ........... ............................... O. ne... Dollar ....(°yp1.00.)...and ...other ...valuable...cansideratianry+� to it in hand paid by the said party of the second part, the receipt whereof is hereby acknowledded, does g hereby Grant, Bargain, Sell and Convey unto the said party of the second part, its successors and assigns, 7I 1 7orever, all the tract.........or rarcel.........o land lying and being in the Count o Hennepin l f y� g v f ..................... _ __ � and State of Minnc8ota, de.soibed -ax follows, to.u*: /��j n See Legal Description Hereto Attached. D ROOK 261 `� PASERT, _ihat_Part_of Government Lot Ei, =ht (8), in Section Twenty- n&t._(28)_, Township__ One Hundred Seventeen (117) North, Range Twenty -One (21) ',,rest, of the Fifth Principal 1eridian, according to the Goverment Survey thereof, bounded and described as follows: Commencing at the point ; -There the Easterly line of the right of way of the Minneapolis, Northfield and Southern Railway as located and constructed across said section is intersected by a line parallel with and forty (40) feet southerly at right angles from the center line of the Eden Prairie Road, so- called, as laid out and located V_ through said Section, which point is hereinafter designated as Point "A ", and running thence North Sixty -seven degrees, two (2) minutes East, along said parallel line and at an angle of One Hundred Sixteen (116) degrees, forth -seven (47) minutes, *frith said right of way line, a distance of One Hundred Twenty (120) feet, thence South two (2) degrees, thirty -three (33) minutes East 408.5 feet to a point which is the o actual place of beginning of the land hereby conveyed. Thence from said actual place of beginning South two (2) degrees, thirty -three (33) Q minutes East 3110 feet; thence South Eighty -nine (89) degrees, Thirty -eight (38) d minutes west 193.2 feet to said Easterly line of right of way; thence Northerly 340 M feet along said right of way line to a point 363.7 southerly from said Point "A ", measured along said right of way line; thence Northeasterly at an angle of Ninety -four (94) degrees, Forty -eight (t;8) minutes with said right of way line a distance of 154.3 feet to the actual place of beginning. Arid also the following Two (2) Easements for road purposes over and across the following described land situated in said Hennepin County and described as "All that part of Government Lot Eight (8), in Section Twenty -Eight (28), Township One Hundred Seventeen_ (117) North, Range Twenty -One (21) West, of the Fifth Principal Meridian, according to the Government Survey thereof, bounded and described as follows: Commencing at the point where the Easterly line of the right of way of the Minneapolis, Northfield and Southern Railway as located and constructed across said section is intersected by a line parallel with and forty (40) feet southerly at right angles from the center line of the Eden Prairie Road, so- called, as laid out and located through said Section, which point is hereinafter designated as Point "An, and running thence North Sixty -seven degrees, two (2) minutes East, along said parallel line and at an angle of One Hundred Sixteen (116) degrees, forth -seven (47) minutes, with said right of way line, a distance of One Hundred Twenty (120) feet, thence South two (2) degrees, thirty -three (33) minutes East 1108.5 feet. Thence West 154.3 feet to said Easterly line of railway right of way at a point 363.7 feet southerly from said Point "All, measured along said right of way line, thence north along said Easterly line of railway right of way to the place of beginning. Also the forty (40) foot strip lying between said parallel line and the center line of said road, subject to Easements for road purposes; to -wit: A strip of land twelve (12) feet wide running northerly from the North line of the land hereby conveyed through or near the center of the land last above described, to said Eden Prairie Road, also known as Eden Avenue. And a strip of land Seven (7) feet wide along the Easterly line of the land last described from the North line of the land herein conveyed, to said Eden Prairie Road. It is agreed that the Easement first above described shall be in force and effect only until the land described inthesecond Easement above described shall be fully opened up, graded and made passable as a road for ingress and egress from the land herein conveyed to said Eden Avenue. And also the Easements for road purposes contained in the deed recorded in Book 1113 of Deeds, Page 184, in the office of the Register of Deeds for said county. BOOK2610 PAGE112 ATTACHMENT I This description is prepared by A, H. Michals, Attorney, and approved by Thomas Erickson, Attorney and the correctness is the responsibility of the above parties. State Deed Tax: Revenue Stamps Zo jbabe anb to J001b ttje *amt, Together with all the hereditancents and appurtenances thereunto belonging, or in anywise appertaining, to the said party of the second part, its successors and assigns, Oscar Roberts Com n Forever. .�4nd the said ............................................ ..............p'...y.......... ................ party of the first part, for itself and its successors, does covenant with the said party of the second part, its successors and assigns, that it is 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 irccumbrances a.._except.._as._ ._aPPear...of record. ............... ............. ........ ....................... ............. And the above bargained and granted lands and premises, in the quiet and peaceable possession. •of the said party of the second part, its surcessm•s and assigns, against all persons lawfully clairniug or to claim the whole or any part thereof, subject to incumbrances, if any, hereinbefore rnention.ed, the said Pi 1 'of the first part will Warrant and Defend. 31n Tegtimonp Mbereot, The said first party has caused these presents to be executed in its corporate name. b]? its ...... , ..... < F President and its:...a2 eFz etaTy __.;.,,__.........and its corporate .sceil to y be. hereunto affixed the day and year first above written. a' rte. h+ In Presence of ............. _.... ........_/1_......._.................. _t2tt OSCAR ROBERTS COMPANY ...................... _.... ......................... its ..... ........... ................ ..........:........... .._ ..President. . _ Secretary Its........................................................... ... ............. ............... . i Minnesota Fom No. 9. Doc. WARRANTY DEED CORPORATION TO CORPORATION ------- . ............... ...... . . .... . ................. ..... ... NOV-2-6*1 Ll . . . . ....... ..................... .... ....................... TO ...... . ......... . . . ................ ... ......... / .. . ....................... Office of Register of Deeds, otate of Auntoota, .. .......... ......................... County of ............... I hereby certify that the within Deed �w ftled in this offixerfor record on the a �" 1-d and z uly recorded in BookAL-1.10. p e %�e d., page --------- tL&-_a ra� By Taxes for the, year 19—.-on the lands d�eseribed within, paid this - --- ------ -- day of — --_-----------_-- --- ----- 19, I .......... . . .............. . ...... ........... i .... .... ...... . Count�, Treasurcr. By.. . .. . .. . .. . ............................. 1 .. . ....... Deputy. Taxes paid and Transfer entered this ---.---,day Of ................ .......... .. . .... .. . .............................. .............. . ................ County .4uditor. By .............. ............. ............ Deput' y� R.—di.9 Fee $1.50 TAXES PAID NOV - 11967 MORGE B. HICKEY, AUDITOR HENNEPIN COUNTY, fd,' TAXES PAYABLE IN 19 EeZ ON WITHIN DESCRIS; PROPERTY ARE PAID "k, ZS :0 10 g- tz 1 vc' tz Q1' :CQ" .(D :C+..l ZS J-6 S' tz� j- Q, 'k; w 01 F 0 �s H (D 03 2 H) 0 0 (D- > ;0C 17 0 0 K" Oil 0 3 9 9 0 7 41- 131LUX oil co 0 0 Is I :3z "k, ZS :0 10 g- tz 1 vc' tz Q1' :CQ" .(D :C+..l ZS J-6 S' tz� j- Q, 'k; w 01 F 0 �s H (D 03 wxrrE -office copy YELLOW- Buyer's Copy GREEN- Seller's Copy No. 1b17>j PINK- Buyer's Receipt MI1.LEP-DAVig CO. PURCHASE AGREEMENT Minneapolis Minneapolis, Minn ......... Se9.t. r .... ......................1967..... RECEIVED OF...___. VILLAGE OF EDINA a Minnesota municipal corporation the sum of... .... _- .- -__.- - - - - -- --_--.------------- .---- .($..1QQ.�QO..) DOLLARS ........................ QYleck--_ --------------------------------------- - ----- as earnest money and in part payment for the purchase of property at (Check. Cash or Note —State Which) ................................ - .............. .. ....................................... = ------..........---.............----......... .........---- ......------ - - - - -- ..........situated in the County of.- _ -_ - -. ii 91) ............................................ State of Minnesota, and le described as folio s, to -wit: See Exhibit A attached hereto and hereby made a fart hereof for legal description of property, and easements therewith, hereby sold. including all storm sash, storm doors, detachable vestibules, screens, awnings, window shades, blinds (including venetian blinds), curtain rods, traverse rods, drapery rods, lighting fixtures, plumbing fixtures, hot water tanks and heating plant (with any burners, tanks, stokers and other equipment used in connection therewith) water softener and liquid gas tank and controls (if the property of seller), exterior television antenna, incinerator, dishwasher and garbage disposal, if any, used and located on said premises and including also the following listed personal property: NONE all of which property the undersigned, as agent for the owner, has this day sold to the buyer for the sum of ($...2a,SQQ..QO ) DOLLARS, which the buyer agrees to pay in the following manner: j Earnest money herein paid $_1000.0 ...... and $..22-,_4.4_D_0..OQ- .. -.., cash, on or before .....0Qt.0ber. -2- ,...1967, - -- ibi al..date shall be the date of closing. The deed by which the two easements described on Exhibit A were created (said deed being recorded in Book 1771 of Deeds, Page 35) contains an agreement whereby the 12 foot wide easement terminates when the 7 foot wide easement area is made passable as a road. This agreement, therefor4 is hereby expressly made contingent upon seller obtaining and recording, at its sole cost and expense, an agreement, satisfactory to buyer, with the present fee owner of said easement areas providing that the existing 12 foot easement area shall remain and be effective until another easement for like use and of at least 12 feet in width is granted in a location specifically described and acceptable to buyer and is opened up, grad#.d and made passable to the then condition and extent as the existing 12 foot easement, without cost to buyer. If, for any reason, said agree- ment is not obtained by seller on or before date of closing, buyer, at its option, may terminate Uis agreement by notice to seller and if so terminated all money paid hereunder by buyer to seller shall immediately be refunded and thereafter neither party hereto shall have any further liability to the other. The seller agrees that the abstract to be obtained by seller pursuant hereto shall include, and be certified to that part of Government Lot 8 described on Exhibit A over which said easement areas exist. Seller agrees to pay, on or before date of closing, all special assessments then levied or assessed against said premises. Subject to performance by the buyer the seller agrees to execute and deliver a ......... - .-- - -- -- ---- .-.- --- .".- .'7..Warranty Deed (to be joined in by spouse, if any) conveying marketable title to said premises subject only to the following exceptions: (a) Building and zoning laws, ordinances, State and Federal regulations. -( b�- Restrictiews- stlaiiag .tQ.uce.os.itnptovimetsL vLfresn aes-W& .fos£eitura (c) Reservation of any minerals or mineral rights to the State of Minnesota. -(d} -iftitity- easemrn&. - (o }.Righic- oE..tsnawu as. £ollaws: - (.ucleu..speciSrd, .sa�.s+ibjest- ta.tsosnciec) . The buyer shall pay the real estate taxes due in the year 19-68-- and.ace)c �apaid.installusents_ofspeual assecw�eatc payabla.tkwrewiila.and- 4he wfief. The seller further agrees to deliver possession not later than.d&ta ... of...clos ......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 t im. The buyer and seller also mutually agree that pro rata adjustmeQQts of r ts, interest t surance an city water (and in the ease of income property current operating expenses) shall be made as of-- .- .- ....d8fe --- S;t�.P?-MesIsTa a .................................. ............................... The seller shall, within a reasonable time after approval of this agreement, furnish an abstract of title certified to date (or a 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 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 within 10 days after written itutice, the buyer shall perform this agreement according to its terms: If said title is not marketable and is not made so within 120 days from the date of written objections thereto as above provided, this agreement shall be void, and neither principal shall be liable for damages hereunder to the other principal and all money theretofore paid by the buyer shall be refunded; but if the title to said property be found marketable, or be so made within said time, and said buyer shall default in any of the agreements and continue in default for a period of 10 days, then and in that case the seller may terminate this contract, and on such termination all the payments made upon this contract shall be retained by said seller and said agent, as their respec- tive interests may appear, as liquidated damages, time being of the essence hereof; but this provision shall not deprive either party of the 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 understooj� d agreed that this sale is made subject to the approval by the owner of said premises, in writing which approval agent has ... thK!k1P.._b1days 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 COFFMAN _REALTY --Coo COo. - ---- - - ---- - --- -- - -- -- --------- - - -- -- -- The delivery of all papers and -monies shall be made at 3939 Exeelsiox Blvd. Minneapolis,Minnesota �,e �t� .S�y i�, '�r��s�c - - - - tHa11C 0 40 ON('1# a r onalA�an i... t3u�1i17.ng By------------------------------------------------------ ----- --- ------ -------- ....-- - -- -- - - -- --- - - - - -- Minneapolis, Minnesota Agent I, the undersigned, owner of the above land, do hereby ratify the above agreement and the sale thereby made. OSCAR ROBERTS COKPANY ByIt "a - _ .. ---- . Seller .... ----- . ......... . -------------- - -..... -- --- - And......... ............................... ......... ..... ................. . .. ......------ _- - - - -- ------ Its Seller I hereby agre purchase the said property for the price and upon the ma, °above mentioned and subject to all con- ditions here' expressed. VI C" - -By- -: - ------ ------------- - ts) %Mayor Buyer .--- t-------- ----------- ----- -- --- --- -- ---- --- Its Clerk Buyer / I wum- ofilee Copy jo r YELLOW — suers COPY GRUN— Sellers Copy No. 1517M P= —surf Rwwpc MILLER -DAVIS 00. PURCHASE AGREEMENT ....................................... ... Minneapolis b1inneapolis, Minn.,....... �r11k� :..... ....................19..x';.... RECEIVED OF- - - - - -- salsa iti 'ate .......................................... the sum of... _ .......,.�.......................... .,.... ..�..,.. (�.. a ...) DOLLARS ........................ 111AM& ._ ....... .. ....... .. ............. _ ...... .. ..... as earnest money and in part payment for the p vchase of ro rty 1 at (Check. Cash or Nou"tate which) p ��� ............ ........ .. ..... l- d-it- itlR t .. .t_► . �.+ ............... . ..........i ._ ......._..--- -..... ........ - --- ._......_...... ........ ............. - -- .situated ' in the County of .. r S a eso d ► le d � �iurl D it d1 .ptie>rr o!' ►, s 0sdN"048 aw" 4k bmft salt. including all storm sash, storm doors, detachable - vestibules, screens, awnings, window shades, blinds (including venetian blinds), curtain rods, traverse rods, drapery rods, lighting fixtures, plumbing fixtures, hot water tanks and heating plant (with any burners, tanks, stokers and other equipment used in connection therewith) .water softener and liquid gas tank and controls (if the pro rty of seller), exterior television antenna, incinerator, dishwasher and garbage disposal, if any, used and located on said premises and including also the following listed personal property: X all of which property the undersigned, as agent for the owner, has this day sold to the buyer for the sum of -- ---- -- - - - -- - DOLLARS, which the buyer agrees to pay in the following manner: Earnest money herein aid $._3a VAQ...._. and $ --- 1 s)MA ...... cash, on or before.... _ #,_.3 ►t,.. x.440 sal be 00 dl * of a1esta o IM 4004 I. *U& Us Wo 4"4WO i *WKW1aM, as N*Wto d Me GM*A t ( Mid 4801 *Oft lr"eeftV d JA so* 1M of sesup PaRe 35) 060ba"W an atrerlal1mb vbw*by the 12 test i& eassomQ bumbntelt *M fte 7 toot vbU sessma s is **W passOU M a rat. Ids *$now*# the 10 WOW OOVO4Y aide ®e RU10t=6 WOW *41W adhlWatad lad rOMPMUN61, St 001 $40 4006 >d met M rlWo '20111111' s satisfletal to ms's frith the room% tie aeaew or seed 'iAoma" we" ,t i e+i tr it tftt ate "M shall »raft NA be e1! "tive a s' saselrwSt OW Uk* 00 Ut at at 3aast It toot to W14M is 6roated IS a leoatisa des+aerbed ad AseeptuUml to bww aid U apowt v#9 ireddd a& aWW rweaMe to tho tus salftttea 404 Mtftt 0 60 MUUM 39 teot -lt,o V10 stt east he `+ Its t w O' �r � 1151 �t is Not �� tv � nit rlr h tW* date at all alrieyll b"" , at its sputa. 'M' sods"* Wds aped 1r asaU00 to s*Uw troll It to teralaated On WOW fetid hem 1W %wa +00 pouw �-. be ratuaded Md thereattv WAther PWW berwoo Shen boo to the othor. {, �Mr the 1 that *0 rl WOWt to U ~2611WE0 r UW PWOUSat b 4"01 'sad ie tMat print of 40MIN04 1A* d 4*W1 Mel an bit A ararr Uhl* MIA +IM1d MMt tells #VOW #al tear`, = or Ira at allasteet,, au W ssrlerlq Os ftoo Ww W �p�� � wises. Subject to performance by the buyer the seller agrees to execute and deliver a.... .........'!.!! t ty Deed (to be joined in by spouse, if any) conveying marketable title to said premises subject only to the following exceptions: (a) Building and zoning laws, ordinances, State and Federal regulations. minerals or mineral rights to the State of The buyer shall pay the real estate taxes due in the year 19-ld_ aerl ' ON wo"al. The seller further agrees to deliver possession not later than-d"' .at.. that all the conditions of this agreement have been complied with. Unless otherwise specified this sale shall be closed on on ore 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 I un. The buyer and seller also mutually agree that pro rata adjust a is of is i eres t s a d'�ity water (and in the case of income property current operating expenses) shall be made as of............ ................ ............................... The seller shall, within a reasonable time after approval of this agreement, furnish an abstract of title certified to date (or a 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 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 daps to make such title marketable. Pending correction of title the pa ments hereunder required shall be postponed, but upon correction of title and within 10 days after written notice, the buyer shall perform this agreement according to its terms. If said title is not marketable and is not made so within 120 days from the date of written objections thereto as above provided, this agreement shall be void, and neither principal shall be liable for damages hereunder to the other principal and all money theretofore paid by the buyer shall be refunded; but if the title to said property be found marketable, or be so made within said time, and said buyer shall default in any of the agreements and continue in default for a period of 10 days, then and in that case the seller may terminate this contract, and on such termination all the payments made upon this contract shall be retained by said seller and said agent, as their respec. tive interests may appear, as liquidated damages, time being of the essence hereof; but this provision shall not deprive either party of the right of enforcing the specific perfbrmance.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 n derst . �Q d agreed that this sale is made subject to the approval by the owner of said premises, in writing which approval agent has...' 14"M ... ll..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 �R!..s._s.._.. ---•- -._...- - - -- -- •- -- ----- -- -- ---- The delivery of all papers and monies shall be made at a 1. 1[isetMp�rdilM:ts+..n.► ........ ----- -•- the s ... . ABent I, the undersigned, owner of the above land, do hereby I hereby agree to purchase the said property for the price ratify the above agreement � and the sale thereby made. and upon the s above mentioned, d subject to all con- ditions he - exp d. .. _ ........... ................... ..... ....... ��. ..... ... ' ------- -- -------- - - - - -• - - -- ... Seller Buyer Now 16 - Se- • • ... ...... ...... ller .0 EXHIBIT A n'ar.- of Govc�r_mc�­ -r, St��ct­On v ipa-, accord:..i';r" to `61A.0 t"a e r c G b3,xided and dc.-cr-LocCl' J:, 6­': 2_­(Z�r Y llne 0- U.Ao v of v, a r C", C a" s YO::t .... ...L d an' S out 'n= -1— a/ s0c;L;-C)", is 1C y -T­C,-jL �,'(j -"o2`-y V, - . 1, 0-0) Southerly at lan_­_`Os -don Pa-,iria IAoad so C. ou- "aid S 0 c t.�. On wl-�4chi o i nt s h Cr a n; �L f c r d c s i - locatod L �'T a as .7-wo -roes, C" - J. -aW ILLno and at ar. �.r_L u L' -,rod S1 }:' con =J) L, 'a" of I,": Y ine, u ul nCe 3- V o i n4reQ Y cc �_j �-.0 nc 0 S O'ut-'- 0 2 ) dc- rc �� S, -,�h-_!::t`y-t-h.r_cc nu­ I 0`� .5 uos Nast 1� to a which -7s t-I-Lo we Dual e i 1-1 n L-A _" 0 _f t 1- C I CL;2d �'IaCe 0- LD 1,.oroby conveyed. fro-m said act-ual place Of Suat'- two ",2' fe�r� qe rnnul-es East 3�'O fc,-t; (3j thence Souzh (69) de-rcos, Thi�rt-y-ei�n-htv' ��38) M`nul�ees 'West _193.2 foot to said .1 C� -7 -1 ..water y lino of ol' way: ---hei-ice Nor-L"herly 340 foot said of way line to a joint 30 3."( Southerly f-01- sa4f Poin- "A", i,.,. o a s v, _- o C .1on- Said of i u y - -nc; thcnce an an-lo Of 1"'inety-four (9 4) dc'-:'oo✓, ii- O.. (4 8) with 3a id rin`nt of way 1--ne a distai,Icc. of 151'.3 t 4.1 u o the actual -place And also �"2) 'IEasc-mcnt-s -for road pur-poLos ovor and ­a-'d Hc.nno")�;a Cloun-�Iy across t-1-0 fol.'Lowin" lani�. 2ituatcd in L -r.a describe"' as "All that part of Govermniont Lot Zi (Icction "I'awnship One auildred Scvcntoc.-i (11 71 T-1 121 Wcz;z,, Of 'U'aa 17"'1"h the Govz::L-nrI^='u- Survey tnerec-'., boundcd and dc-c!`_'bCd Cas -follo%,s: Cc.-rzf.z­..c-.'Lng at the -point- whorc! tl.Q Easterly lino of tne r-_"ght o:.' way of the M-inmcapollis, 'Nort'hf.-Leld I Southi = as locaZed and constructed across 5cct-ion i-- -1--n-ter Sec tee by a sect southerly at rL ht angles -rom the cent er line Of the Eden ,1--airJo .toad, so-called, as !•-*, o-t 'orated throl d and 'oca'­�a _,_-Jd - - _L u Section, which coin is 'ac-rcinafter designated as Point "A",, and r Wining I`-,cncc Sixty-sc%en degrees, two (2) -r d nutes East, Gng Sall' ]_1'nc and an angle of Ono Hued --2d Sfy,"co-n dcUXoOs, forty -sewn (4 i'j Y,,inutos, with Said riczjht- Of way ino a distance of One Hur."'l-cL '.',wcnty (120) fcct-, t1acncc Sou'611 (2) t-hf_rt-y-throc' "-3) r-inut-cs Ea2t 408.5 fcct � D o sa-id East or Y line of ri,"at of u Ct sol-zt' cr7y from. sa4d Point =c -a- N'..'ay at a )0'-',It 36') lo Su�:cd a1=211 said ri'-'at of 4" j 1-_'�ne, thence no th !on(- sa-7d S r Eastcrly linc Of ra4_311way ri��ht- of way to the place of bcll�--. nn nom. 4� t1lo -forty (' 0) foot- between ,aid pa:�-_,Ilcl line aj- CCn-I Cr 14ro G'. Sal:, road sXb , ,ec". to Easements f- road o � a- L .JCsco; to-w- u /­\ -'ect w-�dc ru:cmiinc, nor-U."er.".y fro'-_' 0�' 'Ian- U I:c)2­h Line Of the 'c.-d hereby conveyed ­,roula or nc-,- ne cen-I -r CI tl::c _-".Llst a'bovc doscrib�d' to said Edo-., Fair 1.e aL8z' I, -o :�dcia Av,�:nue. n,awn -w A­_" Of land --"Lct wick wloig the 2--storly 0", 3-and last- Xort.17, lino of '',:Ile', land C,Diivoyod, to Said a U `ae L iicc of -'Iae ­ I Docd­ or said county. w11rrE- 0111ee Ca D7 YELLOW- Stiyo'. Cep? GREEN- Seller'. Copy No. 1517' -j PINE- Buyer'. aeedpt Revised 1959 MILLER-DAVIS Co. PURCHASE AGREEMENT ........ ............................... Mlaneapolia Minneapolis, Minn . t........ IRRbRt' .. ......................19.t?.... RECEIVED OF- - - - - -- VPJ AQ$ CF iDIN a a XUmesota municipal corporation ---- ._ - - / —. - - -•- --- •-- •----- •-- ---- - -•- - -- - -••- -------- _ ------------------------------- --.................. the sum of_ S # _ Ott -1 3_.......,.x- --- +- -- «..�,«.....� -= .. DOLLARS ..•..----•---•--••--....#---------•-------- •----- .- .- .- .---- --.-- -- - - -as earnest money and in part payment for the purchase of property at (Check. Cash or Note —State which) ................................ _ .............. -.................................................................... -- --- --- --------------- ---- __----- •-- -••- -•-•-• ---- -- situated in the County of_______- ?e_- •_______ __ ____ _ _ _ _ __ _ State of Minnesota, and le d scribed pgolio to- See ffi3�ibit A attached tliexeo and hereby matins eoreo#uior description of property, and easements therenrtth, hereby sold. including all storm sash, storm doors, detachable vestibules, screens, awnings, window shades, blinds (including venetian blinds), curtain rods, traverse rods, drapery rods, lighting fixtures, plumbing fixtures, hot water tanks and heating plant (with any burners, tanks, stokers and other equipment used in connection therewith) water softener and liquid gas tank and controls (if the property of seller), exterior television antenna, incinerator, dishwasher and garbage disposal, if any, used and located on said premises and including also the following listed personal property: Ntd1E all of which property the undersigned, as agent for the owner, has this day sold to the buyer for the sum of T_.! ? ioi�s8i3d_F 7►e_?�luldTed._ iiG - 1tiQ-- '-_- .•.t «—....,.......n � QQ �>Q) DOLLARS, ($ --�2$- - . --- which the buyer agrees to .pay in the following manner: Earnest money herein paid $__.1Q().QO..... and $ -- . na4WRO- 0. - - - -, cash, on or before. - - --QA *;*...9,_..196?.,. aWeti#_ date shall be the dente of Closing. The deed by which the two easements described on 2zhibit A Vero created (said dead: being recorded in Book 1771 of Deeds, Page 35) Contains as agree at whereby the 12 foot wide easement terminates AM the 7 loot wide easement area is made passable as a road. This agreement, therefor is hereby a pr*ssly made contingent upon seller obtaining end recording, at its sole cost and expense, anon 011r*601MUt, satisfactory to buyer, with the "eat file owner of said easeatisat areas Providing that the existing 12 foot eas satent area shall re ins and be effective until another easement for like use and of at least 12 feet in width is granted in a location specifically described, and acceptable to buyer and is opened ulp, graded wA made passable to the then condition and extent as the odating 12 foot easement, without cost to buyer. If, for any reason said agre sent is not obtained by seller on or before date of closing, buyer, at its option, only' terminate this agroftent by notice to seller and if so terminated alllaeay paid hereunder by buyer to selleel shall immediately be refunded and thereatteer neither party, hereto shall have any further liability to the other. The seller agrees that the abstract to be obtained b,' --.seller pursuant hereto shall incluide, and be certified to that part of Government Lot 8 described on E&ibit A over which said event areas exist. Seller ogre" to pay, on or before date of closing, all special assessments then levied or assessed splust said premises. Subject to performance by the buyer the seller agrees to execute and deliver a ........ ..: ........ .. ..... .......'.' "'.�•: *- �.-- -��!" - aparranty Deed (to be joined in by spouse, if any) conveying marketable title to said premises subject only to the following exceptions; (a) Building and zoning laws, ordinances, State and federal regulations. { b) wResltic�ienearviat +t>b�te.ttber ea. ix+ proremewl. ef+ rrtotnises+ ne► eubjecG .te.t�wwkaseti.fotfeiwua. (c) Reservation of any minerals or mineral rights to the State of Minnesota. '� d')'4'Jti'Mt9"'�'dSEefln'RT Ee)- Re�Itts- ofyeftem .+�Leiteatte«.(enlese e�e.i�ed�eot ett to tewan.i�s). �Thhe buyer shall pay the real estate taxes due in the year 19 aedewy.wt� aid iarata�metNS efspfiel. saeeswleab •payabk•hhereapit}reBd� The seller further agrees to deliver possession not later than _Sell...,?f._OUSAM....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 —rel]u #Aim. The buyer and seller also mutually agree that pro rata adjust egis of_r�pist interests urance an city water (and in the case of income property current operating expenses) shall be made as of ......... $ ..iF.............................. -- °--------- °---° The seller shall, within a reasonable time after approval of this agreement, furnish an abstract of title certified to date (or a 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 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 within 10 days after written notice, the buyer shall perform this agreement according to its terms. If said title is not marketable and is not made so within 12o days from the date of written objections thereto as above provided, this agreement shall be void, and neither principal shall be liable for damages hereunder to the other principal and all money theretofore paid by the buyer shall be refunded; but if the title to said property be found marketable, or be so made within said time, and said buyer shall default in any of the agreements and continue in default for a period of 10 days, then and in that case the seller may terminate this contract, and on such termination all the payments made upon this contract shall be retained by said seller and said agent, as their respec. tive interests may appear, as liquidated damages, time being of the essence hereof; but this provision shall not deprive either party of the 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 ylnderrssttoo� qd agreed that this sale is made subject to the approval by the owner of said premises, in writing which approval agent has....'��..QQ- ........_..- .13-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 Cd!'1P�AR RLALTY CO. .. . .. ...................... . .. ... ............ s.. ...... y�� ................ The delivery of all papers and monies shall be made at 3939 Excelsior Blvd. Minnelapolis$Xi nesota yYyy..........._--......_ ................................................... ._................_............ .........._armour...... - - ° ....._ __............... 1, the undersigned, owner of the above land, do hereby ratify the above a Cement and the sale thereby made. as= Ac7B18 COWANY And....... 4 Ita........ ...............Seller ..- ................... -. I hereby agree to purchase the said property for the price and upon the �Xpre&4d. mentioned, and ubject to all con- ditions herei._�d... ... or Beyer � /j� �y j Vet �i.r.Cr u-- yer O% C-Cv T �y in _',��ct­n 12w�2-.0 One Scvcnt­(�:,' ( -'17N) ­01" n c r IS ,au v 0 y viicrcof b o," d c d c L n d a c z c i- - i`_­ c , d L, ", -_Pc Ow s. C 4 -C__,LU -noint Ea3` Crly Lino Of `U-n-c :L- nat 01" o, lic� and 17-'0uthc]:I- aa located CGIIII___l;ruc-Gcd acrc;. � s,. U-Lo-l"I is intor�3cctuL� by a I --' n c southerly at ��`­'nt 1�,-.Li-a it-Ii anCI .11orty (L.-O) , _1� - `6,10 cent(_:r lini� of `V`c Edc_r� sc-ca-Licd, as _',­,-Id G; -- n d T'nroun,-! ii said Scc`on, w`c j:)c'nt is hero in af-17 or c --- -JL n L as poil:t- "Sixty-sevon Cs -uw 0 .ainU*EL,_` 2a_­t, line a._ -d- at- an 0�10 04, 4- -Sevon '4-l' 1)­ 02 wit., sa,iu Of way c , a d an c c of One Handre d ­c­ U y feet, ­c.�cc Scat t-, .7o -2) dc­ro:Ds, minutu'os East- �O 8.5 �ce-�, to a -,)cint- which is t.1-.e ac-�ual place of of the land hereby conveyed. TI-.G-cc from said actual place of beLg-rinninZ. South vwo 2) do -ices n-f-utes Enst '11,0 fcet; -�hcnce South Ef—hty-n-ne 'v U 0 c s , Th i - y c m, nut e s west s - 19 3 . 2 f c c t t o said id r t Ea s t c r I y I c o f r: L Zh�t o ia y t- n c e N o rt h e rl Y 3 4 0 c 0 s a i U so or.�_y L" U �)-at o-L" way 'no to a I�c)`,­ uth fr 0- 2 G' :it clon- sa-LCI ri"ht- of way line; thence Xorthcaastc::ly at ar. Ic Of Nincty-foU j_ (9A_) do ­CCS, For4-y _;,4 r s -U 4- r Of way lii-,o a distance of 154.3 fect- to the actual place '2' Easements for road And also t'nc 11�,qo � ) purposes over and acro's the followin,,r described !and situated in said HomicPiL Coun7 y and dcscribcd as `,All that part of Govern n-mont Lot Eight (6,), 11-1 (28), Township One Hundred St-� ve:ttocn (117) 42 1 V `-�io !?i':`h U .1, v accoidin.- -.o t-no Survey t-h_,roof bounded ows: at the - nt W `1 -nd dcocri-bCCL C�I 3 U poL v herc V-Le Las tcrly line of the right, of way of the Minn-capolis , Ncr�hf icl d and Southk= Railway as located and constructed across said section is int-orscctcd by a line parallel with and -Lo::-ty (40) lc ct scutilcrly at ri ht an-los frox,,i the editor line of the Edon so- called, ass laid out and located throuZh said Section, which point is hereinafter designated as Point and runn'Inc' - t-hiclice Six--uy-sevon dcglreos, two (2) minutes Fast, 1. lone; said parallel line and a,6 an angle of One Hund--rod Sixteen 116 ) d0C.'rces, forty -Seven minutes, with said ri,-'at- of way Lee,., when South i r. o , a distance of One .1-Dandred Tvcnty (120) U. U two th degrces, irty-t-!�.roe '33) minutes East 408.5 T'ac,nco 'Yost- 15-4.3 foot to said Easterly line of ral.IwL r 041 `6 )D U v, ay Point _,C3-7 fee" soutf.02_'y from said Point "All, cured along; said right of way line, thence north along said U Eaz;tcrly I-inc: of railway right of way to the place of b;:"*__*n.,I_,*r.,z . also one forty (40) foot str.-IL-p lying betwecn said p-sra--i - - - 11 1no and the center line of said road, �;ubject to Ease --eats for read to-wit: st-i-3 of !_­nd t­,,:C_-Ive (12) fcct wide runn-_-n�z northerly of taa land her by convoyed throuZa or near tllo co,- .-2 o` the land lacu above: Qcscribcd, to said Edon 1"rair.-Le ioad, as 2don Avenue. � A __(I L. -tri:-) of land Sc-von (7) .-:cot wide alonL• tho Easterly lino dcloribod lyre the 'North line of la;.id c;o,Ivoyod, -U',o said IP2aJiLric ',load. 'fo r r o; d u r p o., 0 s c 0 n -'U- a i-, I-, ov 0 ui U tii - ' e 184, itile: olf'fice of the ­­ -1 ;d' 'n EGO',� 1" 43 of Dcodo, Pa-­ �C­i2tcr of Dccd,3 for said count-y. coq YELLOW— E.ysr't Copy No. GREEN— seller'. Copy Revised ed 19 PINK— Eayer'e It-1pt Revised 1959 MILLER -DAVI9 CO. PURCHASE AGREEMENT ........ ............................... Minneapolis Minneapolis, Minn .......... Sept'eAIMl<' ar ........................ 19.67.... RECEIVED OF -------- VTi - Minnesota municipal ar� [itk - _ -rtin .... ................. the sum of....- ..010.dA4A0.Q..� .. .�__�, � <w...,..,... «,. «. ($..1 Q. i4i..) DOLLARS ---------------­---- J31141111k ................ . ................. - ............. as earnest money and in part payment for the purchase of property at (Check, Cash or Note—State which) -------------------------------- - -------------- ------------------------------------------------------------------------------------------------------------------------------- situated in the County of.- ......_�i%........... .. State of Minnesota, and le described as folio s, to- it: See blhibit A attached � and hereby Dellis a �t hereof for ` OW deaeriptian of property, and easesleats thersvift, hereby sold. including all storm sash, storm doors, detachable vestibules, screens, awnings, window shades, blinds (including venetian blinds), curtain rods, traverse rods, drapery rods, lighting fixtures, plumbing fixtures, hot water tanks and heating plant (with any burners, tanks, stokers and other equipment used in connection therewith) water softener and liquid gas tank and controls (if the property of seller), exterior television antenna, incinerator, dishwasher and garbage disposal, if any, used and located on said premises and including also the following listed personal property: Ron all of which property the undersigned, as agent for the owner, has this day sold to the buyer for the sum of '.:`1t.fftrttmm...ha- mrAI,I;Yf..4W ._ .. 4�1 :IQ.e.��� «....w,..w.a.«......($ �4'.t ..Dd..) DOLLARS, which the buyer agrees to pay in the following manner: Earnest money herein Ppaid .S- AWN. ..... and $.. ,940 0....., cash, on or before --- .- Q1te0bW.- shall be the 440 at closing. The 4046 by which the tvo moom eats described on Exhibit A were created (said deed being recorded in Soft 071 of Deeds, irate 35) contains an agreement Whereby the 12 foot vide sasament t0minates vb*A the 7 foot wide easeSont area is made passablf as a road. This agre tit therefoll I,$ hereby expressly rude oontingent up= seller obtaining *A reeording, at its sole toot and expense, ela Wit, satisfactory to bays , With the praseut fee *=or of said eassiment arise, providi.ag that the existing 12 foot 444141mt area shall remain acrd be effective until araotAer easemSnt for litre use end of at Least 22 feet in width is granted in a location epeaifice,1 described sad r 1ptable to buyer and is deed up, gr,.>dod and sacs passable to the thou coition and extent as the osit"ing 12 foot assonant, without cost to bqw. If, for aaayr ream, said agree Seat is amt obtain" by seller on or befora data of closing, blgrer, at its option, slay tesraiaate this 66V010111100t, by nestles to seller and if so terminated all Money paid hereunder by bayer to soils: shall , iseeedietrely be refunded sad thereafter neither party beret* shall have any further liability to the otbor. The Seller agrees that the abstract t* be obtained b::: sleller pursuant hereto &hall Imlude, and be certiflied to that part of t'ivversaeat Lot 8 described on Kshibit A over which said easement areas exist. Seller agrees to pay, an or berm* date of closing, all special aseesameate than leviod.. or assessed sapaiaat redid preaeises. �«.» „r..a._�_...._.t_.._.._.... Subject to performance by the buyer the seller agrees to execute and deliver a ..........:........................................ ............_.........- .Warranty Deed (to be joined in by spouse, if any) conveying marketable title to said premises subject only to the following exceptions: (a) Building and zoning laws, ordinances, State and Federal regulations. ' f b'�itcnlr+e4i���eeiirg+te �eneeer .iarpro.ernertseF.ptetniees. nisi. subjeehtewtweekeaeed .feefeiMae: (c) Reservation of any minerals or mineral rights to the State of Minnesota. ' (>t�"CJtiflttg'"'✓�SEfL'EYYtS'.' ' tt�Rig{ tb+ oC. + �entttrts. ea�feflewF► �( enies�► epeeified +net+sv4ljq�to-teearxies�. The buyer shall pay the real estate taxes due in the year 19_ nee} eeg+ anpeid' yrdta}} merlltaeF. apttisl�sse�seneRrb�Creq�[ld�•+ tfRresftert date P.C. os The seller further agrees to deliver possession not later than . ................................_.....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 purchasers option, and all monies paid hereunder shall b r rm. The buyer and seller also mutually agree that pro rata adjust�entseof_rpnts gs*gr nee an ty water (and in the case of income property current operating expenses) shall be made as of ........... ..--aa in' -. -------°-_----- R- ----.. .................... ...-- ....._.____..._.....----.. The seller shall, within a reasonable time after approval of this agreement, furnish an abstract of title certified to date (or a 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 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 within 10 days after written nutice, the buyer shall perform this agreement according to its terms. If said title is not marketable and is not made so within 120 days from the date of written objections thereto as above provided, this agreement shall be void, and neither principal shall be liable for damages hereunder to the other principal and all money theretofore paid by the buyer shall be refunded; but if the title to said property be found marketable, or be so made within said time, and said buyer shall default in any of the agreements and continue in default for a period of 10 days, then and in that case the seller may terminate this contract, and on such termination all the payments made upon this contract shall be retained by said seller and said agent, as their respec. tive interests may appear, as liquidated damages, time being of the essence hereof; but this provision shall not deprive either party of the 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 derstoob d agreed that this sale is made subject to the approval by the owner of said premises, in writing which approval agent has ..... ... .................. .7days 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 Gcrym Rmly CO. The delivery of all papers and monies shall be made at !$inalepOlis;,bdigeso'ta i ROE- By- .. ...-------------------------------- .. .. .... _.... 11a.•ff,, ii Agent I, the undersigned, owner of the above land, do hereby r ' e v eye a sale thereby made. fly..._ _.. _.. - -- - ........_ ................................_..----------- ��e.ew.rrnr .. tigrejler A-ad ............. . .... .. .... ......... ..... '� �. � ,� �Celler I hereby agree to purchase the said property for the price and upon the s above mentioned, and subject to ail con - di ion�ex'essed. y. - - And - t ........ ........................ ..... . ......... .4 *r; t a.0 BuYer ..... EXHIBIT A C� Gil :41C nty- '.��l,,i s 1--ii7 &CCO2 ,;.ic Cove-l-nl,�Cnt su-.-vey bcc,_1 -.ded and dcz;c:cib-c:d as o 1 _1 0 1W S, C o: ... n nc1 n­ a-, -Y 1�no C-' t- 10 r-: i1c 1, ,:�ate iod a-,; d' conssti'uc-'Ucd ac::-ocs s,2c-;Iion -_�s intorscctcd by a line C-1 CL.Ik_k 1C)1'-"-y iL..0 s cut h o rly a-'- C'n 1'toad s lCa i� z�.`d o,­ U.. 11 -aid Soct�Lon, whicl-i 1_-,oin-� is dc-. in-na- ioca";e rGUO as � � � ­r North Cixky-sCVCn I i `rOC3, t-wo 2 r, i n u i, u, a o - U- y a, n, s d D-. a o n c, a n d at an 0 0 f C), - H,LLndrcd S-, _-:itcon --ty-scvon '47' w�`­ said 1- 1 - of . ;ay inc, a of One -E-Lu: drcd ,�,T,=`�y (120 e 0 cnco "O'tn ­­1, 0 (2) dc-rcoZ, t h - ty---'ce '33' m-nU-,S `a�t 10.J a %,o`nt which is the actual place of beZinninz of the -land L) 'bc,;,4nn`n,- South two ",:�-ncc said ac fce+; 4-,�Oncc 11� I'- Out'- -n n C y I utco 21- U -Y -hirty-ci:rht- '38' mfnutes ,,,cst 19".2 foot to said Ea3te2_y l--"'-c of of way- l,:_ -nce '4C1r0 OC T alonr, said. Of -way lino 0 a soUtherly f2cm said Po-L.'It 'rA, I i,,'casured a_Lon.- said- r`ght- of way line; thence Nort-heaster, LD �y at an Of -.�Tinety­four degrees, Fort-y-eiL-,'.-Lt (4-8) n.,`nutes with Sa-'d Of -�,,TWy .Line: _L di': uance of .154-3 fcet, to the CLL"V"ual place Of tt And also the followin- IT-vo 2" E-sements for road 1p Q� ) - -urposcs over and across the followin.- described land situated in said Honnopin Countly and ­ ri_h- described as "All that part of Government Lou E ��.0 ( Section Tcic:�ty-Eiizht (28), To;nship One .11undred- SeVCnt oCif L,Ijr Ull'i I.1 na '­Iui * �:La_ accor(Ii-nS, to t-hc 3ov,:: -_cnmcnt Survey lu`acraof bounded n d d cs _- r --* b c d a:.. o1.1 s at tlio u L .4 ui. U paint where e --crly 1`nc of the ri[,ht- of ;Jay of the Minnoapolis, -Nort h f ielC1 and Scutllcrn :-,a-LlWay as located c:.nd constructed across said scct-Lon is interccctcd by a lino parallel with and for -:;y (140) -Leet SOut-rerly at from the center line of z1ac Eder. So- called, as -a" out and 'Gcated Z)OCt'-'On, i,,,hica :point Is designated as Point a,-. d S J x-y- seven d CU— ccS, two `2 minu-.- s East, said parallel !.-Lne and --,t an an-le of Onc. 11"androd Sixteen (lio") C"C-1-Cc�s, folty-scvcn m-7 th (.1 �-,, ) _.1UUCsp w -L s--id rif," of way line, a distance Of Oi-ie Hunndyed 'I'vcnty (120) feet, thence South U. two (2) decrees, t-three -y-three (33) minutes Last 403.5 C, �3 1 3 T'Iaonco _1174-.� fcCt to said Eastcry `ne of ra-11-�,,ay 01 D stay a4 U a -;?3int, 30"D3.7 fcct south.c---ly from said Poin-u "A", sured along sald right of way Iine, th.ence north along said East-crly line of railway richt- of way to the place of !"aso t,.ae forty (40 foot- strip 'yinZ between said parallel "no aid t ) - - _L cent id road c cent _ 'L of sa - , sub jcct to Easements for road --)Ur- )Os cs; to-w1 "t I , * - /-,,N `cei- Wfdu _'La-min�Z nor`hU;:-1y :.L- :n Gf ,- ` 1- -1 - � 'L L - o 2 Gr is Line of -ho land conveyed tHrou�;Ia or no-c.- Ci "ic ar Ld 7a2t _,-bovc dc,scribod, to said Eden Prairie :load, CIS !Jdcz Avenue . G ad SCV,�n fi ct. wide alonn* the Easte�: 1-Y 1-L--c ,zld n o- tie land last- dc_,-cri'3cd from 2611e Xort"Ii line Of the land ho-�,O�_n coL:vcycd, --'-o said 2don. 'Y-Irairic load. fo:L' rGad -p'arposes contained in doo:i rccc)::dc:d in Loons, dxl• tile Office Of �.,-Ae of fo:L- Said Cou7,t-y. r C/ �- S--- JAMES E. DORSEY (1889 -19591 DONALD WEST JOHN W. JONES WALDO F MARQUART JAMES B.VESSEY JOHN W.WINDHORST WILLIAM A. WHITLOCK HENRY HALLADAY E. J, SCHWARTZBAUER JULE M. HANNAFORD THOMAS M. BROWN ARTHUR B.WHITNEY CORNELIUS D. MAHONEY RUSSELL W. UNDOUIST THOMAS $. ERICKSON DAVID R. BRINK MICHAEL E.BRESS HORACE HITCH PAUL G.ZERBY VIRGIL H. HILL RAYMOND A REISTER ROBERT V. TARBOX JOHN J. TAYLOR DEFOREST SPENCER BERNARD G. HEINZEN ROBERT J. JOHNSON JOHN S. HIBBS M. B. HASSELOUIST ROBERT O.FLOTTEN PETER DORSEY MORTON L. SHAPIRO GEORGE P FLANNERY JAMES F MEEKER CURTIS L. ROY JOHN D- LEVINE ARTHUR E. WEISBERG ROBERT J. STRUYK DUANE E JOSEPH MICHAEL A. OLSON FREDERICK E. LANGE LARRY W JOHNSON THOMAS S. HAY CURTIS D. FORSLUND G. LARRY GRIFF-TH CRAIG A. BECK DAVID L McCUSKEY THOMAS O MOE JAMES H. OHAGAN JOHN M MASON MICHAEL W WRIGHT LARRY L.VICKREY LOREN R. KNOTT JOHN W. LARSON PHILLIP H MARTIN JOHN .1. HELD OF COUNSEL DAVID E. BRONSON HUGH H. BARBER LELAND W.SCOTT LEAVITT R_BARKER Mr. George Hite Village of Edina 4801 West 50th Street Edina, Minnesota Dear George: ? ' 63 DORSEY, MARQUART, WiNDHORST, WEST & HALLADAY LAW OFFICES 2400 FIRST NATIONAL BANK BUILDING M INNEAPOLIS.MINN.SS40E TELEPHONE: 332 -3351 AREA CODE: 612 CABLE AODRESS:DOROW October 2, 1967 41 y n� X7 yr. Pursuant to our telephone conversation of today and the conversation I had with Olaf Lee, I have revised the purchase agreement between the Village of Edina and Oscar Roberts Company to delete any references to amending the existing 12 and 7 foot easement provisions. You are confident that should the 7 foot easement be opened and result in a loss of the 12 foot easement, that you can work with the church and gain additional driveway area. Also, on re- reading the document which created the existing 12 and 7 foot easements, it is implied that the 7 foot easement area would have to be opened by the one who desires to terminate the 12 foot easement area and the one that opens the 7 foot easement area would be obligated to pay the cost of opening the area. Therefore, since you expect to receive the cooperation of the church and since we now can read the existing provisions relating to the easements to impose the obligation of paying for the costs of opening the 7 foot easement area, only upon the person who desires to open the 7 foot area, we have deleted the paragraph relating to the amending of the easement provisions. If this is now in suitable form, all copies should again be signed by the Mayor and Clerk and three copies delivered over to Mr. Lee for signature t by Oscar Roberts Company. I would appreciate receiving a fully executed copy. J L DORSEY, MAROUART, WINDHORST, WEST & HALLADAY Mr. George Hite -2- October 2, 1967 We have the abstract of title and can have it made good as to the easement areas once the purchase agreement is signed. If you have any questions on this matter, please advise. Very truly yours, Thomas S. Erickson TSE:ca Enclosures PS: I have set October 30, 1967 as the closing date. I trust this is acceptable. iA 4. JAMES E. DORSEY 088! DONALD WEST WALDO F MAROUART JOHN W.WINDHORST HENRY HALLADAY JULE M- HANNAFORD ARTHUR B.WHITNEY RUSSELL W. LINDQUIST DAVID R. BRINK HORACE HITCH VIRGIL H. HILL ROBERT V TARSO% DEFOREST SPENCER ROBERT J. JOHNSON M. B. HASSELOUIST PETER DORSEY GEORGE P FLANNERY CURTIS L.ROY ARTHUR E.WEISBERG DUANE E.JOSEPH FREDERICK E. LANGE '1959) JOHN W. JONES JAMES B. VESSEY WILLIAM A WHITLOCK E. J. SCHWARTZBAUER THOMAS M. BROWN CORNELIUS D. MAHONEY THOMAS S. ERICKSON MICHAEL E.BRESS PAUL G.ZERSY RAYMOND A. REISTER JOHN J. TAYLOR BERNARD G.HEINZEN JOHN S. HIBBS ROBERT O. FLOTTEN MORTON L. SHAPIRO JAMES F MEEKER JOHN D. LEVINE ROBERT J. STRUYK MICHAEL A -OLSON LARRY W. JOHNSON THOMAS S. HAY CURTIS D. FORSLUND G. LARRY GRIFFITH CRAIG A. BECK DAVID L.MCCUSKEY THOMAS O. MOE JAMES H. 6HAGAN JOHN M.MASON MICHAEL W. WRIGHT LARRY L.VICKREY LOREN R. KNOTT JOHN W. LARSON PHILLIP H MARTIN JOHN J- HELD OF COUNSEL DAVID E. BRONSON HUGH H. BARBER LELAND W.SCOTT LEAVITT R. BARKER Village of Edina 4801 West Fiftieth Street Edina, Minnesota 55424 Attn: Mr. George C. Hite DORSEY, MARQUART, WINDHORST, WEST & HALLADAY LAW OFFICES 2400 FIRST NATIONAL BANK BUILDING MINN EAPOLIS,M INN.55408 TELEPHONE: 332-3351 AREA CODE: 612 CABLE ADDRESS:DOROW September 8, 1967 RE: "All that part of Government Lot Eight (8), in Section Twenty - Eight (28), Township One Hundred Seventeen (117) North, Range Twenty -One (21) West, of the Fifth Principal Meridian, according to the Government Survey thereof, bounded and described as follows: Commencing at the point where the Easterly line of the right of way of the Minneapolis, Northfield and Southern Railway as located and constructed across said section is intersected by a line parallel with and forty (40) feet southerly at right angles from the center line of the Eden Prairie Road, so- called, as laid out and Located through said Section, which point is hereinafter designa- ted as Point "A ", and running thence North Sixty -seven degrees, two (2) minutes East, along said parallel line and at an angle of One Hundred Sixteen (116) degrees, forty -seven (47) minutes, with said right of way line, a distance of One Hundred Twenty (120) feet, thence South two (2) degrees, thirty -three (33) minutes East 408.5 feet to a point which is the actual place of beginning of the land hereby conveyed. Thence from said actual place of beginning South two (2) degrees, thirty -three (33) minutes East 340 feet; thence South Eighty -nine (89) degrees, Thirty -eight (38) minutes west 193.2 feet to said Easterly line of right of way; thence Northerly 340 feet along said right of way line to a point 363.7 southerly from said Point "A ", measured along said right of way line; thence Northeasterly at an angle of Ninety -four (94) degrees, Forty -eight (48) minutes with said right of way line a distance of 154.3 feet to the actual place of beginning." And also the following Two (2) Easements for road purposes over and across the following described land situated in said Hennepin County and described as "All that part of Government Lot Eight (8), in DORSEY,MAROUART,WINDHORST,WEST & HALLADAY Village of Edina Page 2 Sept. 8, 1967 Section Twenty -Eight (28), Township One Hundred Seventeen (117) North, Range Twenty -One (21) West, of the Fifth Principal Meridian, according to the Government Survey thereof, bounded and described as follows: Commencing at the point where the Easterly line of the right of way of the Minneapolis, Northfield and Southern Railway as located and constructed across said section is intersected by a line parallel with and forty (40) feet southerly at right angles from the center line of the Eden Prairie Road, so- called, as laid out and located through said Section, which point is hereinafter designated as Point "A ",,and running thence North Sixty -seven degrees, two (2) minutes East, along said parallel line and at an angle of One Hundred Sixteen (116) degrees, forty -seven (47) minutes, with said right of way line, a distance of One Hundred Twenty (120) feet, thence South two (2) degrees, thirty -three (33) minutes East 408.5 feet. Thence West 151.3 feet to said Easterly line of railway right of way at a point 363.7 feet southerly from said Point "A", mea- sured along said right of way line, thence north along said Easterly line of railway right of way to the place of beginning. Also the forty (1+0) foot strip lying between said parallel line and the center line of said road, subject to Easements for road purposes; to -wit: A strip of land twelve (12) feet wide running northerly from the North Line of the land hereby conveyed through or near the center of the land last above described, to said Eden Prairie Road, also known as Eden Avenue. And a strip of land Seven (7) feet wide along the Easterly line of the land last described from the North line of the land herein conveyed, to said Eden Prairie Road. It is agreed that the Easement first above described shall be in force and effect only until the land described in a second Ease- ment above described shall be fully opened up, graded and made passable as a road for ingress and egress from the land herein conveyed to said Eden Avenue. And also the Easements for road purposes contained in the deed recorded in Book 1143 of Deeds, Page 184, in the office of the Register of Deeds for said county. DORSEY, MAROVART, WINDHORST, WEST & HALLADAY Village of Edina Page 3 September 8, 1967 Gentlemen: We have examined the title to the above - described premises as shown by an Abstract of Title certified to August 24, 1967 at 7:00 A.M. by Title Insurance Company of Minnesota, and by the records of the Hennepin County Register of Deeds. Based upon such examination, we are of the opinion that as of said date, the fee title to said premises was vested in OSCAR ROBERTS COMPANY, a Minnesota corporation, free and clear of all liens, charges and encumbrances, except as follows: 1. Concerning the above - described roadway easement of 12 feet, it is only in force until the easement of 7 feet is "fully opened up, graded and made passable as a road for ingress and egress . . . to Eden Avenue." Apparently, the 12 -foot easement was intended to be temporary until the 7 -foot easement was graded and improved. We require that an agreement be entered into clarifying who is to grade and improve the easement along the East line of said property and widening the 7 -foot easement to at least 12 feet. 2. The deed contained in Book 1143 of Deeds, page 184, conveys the above property and the property over which the above easements exist, and the easement thereby created is as follows: "Whenever a street or driveway is laid out over and across the land now owned by the grantors herein, adjoin- ing the land hereby conveyed, from the Eden Prairie Road, in a Southerly direction, the owner of the parcel of land hereby conveyed shall have an easement 12 feet in width, for driveway purposes, from the land hereby con- veyed to said street or driveway from a point as near as practicable to the South line of the land hereby conveyed." This easement apparently, therefore, would run Easterly from the Southerly line of the above described property to a road to be laid out in a North and South direction over land now owned by the Church of Our Lady of Grace. 3. Real estate taxes payable in 1966 and prior years have been paid. Real estate taxes payable in 1967, in the amount of $1,215.36, are one- half paid and one -half unpaid. This opinion is limited to the matters shown by 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 DORSEY, MARQUART, WINDHORST, WEST & HALLADAY Village of Edina Page 4 Sept. 8, 1967 improvements in process or completed on the premises within the last ninety (90) days, (c) general zoning and building laws and restrictions, (d) spe- cial assessments, (e) matters which an accurate survey of the premises would disclose, and (f) security interests in crops or fixtures under Chapter 336, Minnesota Statutes, not appearing in the Abstract of Title. ROK:mr Very truly yours, DORSEY, MARQUART, WINDHORST, WEST & HALLADAY By: �. R. 0. Knutson JAMES E. DORSEY (1081 DONALD WEST WALDO F. MAROUART JOHN W.WINDHORST HENRY HALLADAY JULE M- HANNAFORD ARTHUR B.WHITNEY RUSSELL W. LINDQUIST DAVID R.BRINK HORACE HITCH VIRGIL H -HILL ROBERT V. TARBOX DEFOREST SPENCER ROBERT J.JOHNSON M. B.HASSELOUIST PETER DORSEY GEORGE P FLANNERY CURTIS L.ROY ARTHUR E- WEISBERG DUANE E. JOSEPH FREDERICK E_LANGE )-19591 JOHN W. JONES JAMES S.VESSEY WILLIAM A WHITLOCK E. J. SCHWARTZBAUER THUMAS M. BROWN CORNELIUS D. MAHONEY THOMAS S ERICKSON MICHAEL E. BRESS PAUL G. ZERBY RAYMOND A. REISTER JOHN J. TAYLOR BERNARD G. HEINZEN JOHN 5. HIBBS ROBERT O.FLOTTEN MORTON L- SHAPIRO JAMES F MEEKER JOHN D. LEVINE ROBERT J. STRUYK MICHAEL A. OLSON LARRY W JOHNSON THOMAS SHAY CURTIS D. FORSLUND G. LARRY GRIFFITH CRAIG A. BECK DAVID L. MCCUSKEY THOMAS 0. MOE JAMES H. O HAGAN JOHN M. MASON MICHAEL W. WRIGHT LARRY L. VICKREY LOREN R. KNOTT JOHN W. LARSON PHILLIP H. MARTIN JOHN J. HELD OF COUNSEL DAVID E.BRONSON HUGH H. BARBER LELAND W.SCOTT LEAVITT R. BARKER Mr. George Hite Village of Edina 4801 West 50th Street Edina, Minnesota Dear George: fk / DORSEY, MARQUART, WINDHORST, WEST a HALLADAY LAW OFFICES 2400 FIRST NATIONAL BANK BUILDING M INN EAPOLIS,M INN.65402 T E L E P H O N E: 332 -3351 AREA CODE: 612 CABLE ADDRESS:DOROW September 14, 1967 yyi ti^ { S{ z' I enclose herewith an original and three copies of a purchase agreement between the Village of Edina and Oscar Roberts Company for the purchase of property South of Eden Road and West of the property of Our Lady of Grace Church. The purchase agreement provides that the purchase is subject to obtaining an agreement with the present owner of the property to the North, over which two easements run, clarifying who is to make the new easement passable and providing for a new 12 foot easement in a location acceptable to the Village before the present easement is released. I under- stand a width of l2 feet will be adequate for the needs of the Village. If the purchase agreement is now in acceptable form, I reccgmmend that it now be signed by the mayor and the clerk and delivered over to Coffman Realty along with the Village's check made payable to Coffman Realty Company. Mr. Olaf Lee b-f '`C6d!` 'ari Realty can then gain execution by the seller and return to you a1hlly executed copy. Please request Mr. Lee to also send to me a fully executed copy once executed. It probably will be difficult for Coffman Realty to obtain the easement agreement along the lines desired by us but if it is not obtained, we can then determine what lesser easement rights we can obtain and yet make full use of the property in the way the Village desires. If you have any questions on the enclosed, please advise. You might also advise Mr. Lee to communicate with me if he has any difficulties with the purchase agreement or in gaining its execution. Very truly yours, -... Th S. E i on TSE:ca DORSEY, MARQUART, WINDHORST, WEST a HALLADAY JAMES E. DORSEY 11869-1959) DONALD WEST J JOHN W. JONES T THOMAS SHAY WALDO F. MAROUART J JAMES B.VESSEY C CURTIS D.FORSLUND L LAW OFFICES JOHN W.WINDHORST W WILLIAM A.WHITLOCK G G. LARRY GRIFFITH HENRY HALLADAY E E.J_ SCHWARTZBAUER C CRAIG A_BECK JULE M. HANNAFORD T THOMAS M. BROWN D DAVID L- MCCUSKEY 2 2400 F I R S T NATIONAL B A N K B BUILDING Mr. Jerry Dalen Village of Edina 4801 West 50th Street Edina, Minnesota RE: Acquisition of Oscar Roberts Property Dear Jerry: In connection with the Village's acquisition of the above property, I enclose herewith the following: 1. A copy of the warranty deed given by Oscar Roberts Company. The original is now being filed. When that is returned to me, I will forward it to you. 2. A check from Oscar Roberts Co. Inc. payable to the Village of Edina in the amount of $2,400.68 in payment of the special assessments unpaid after payment of the installment due with the taxes due in 1967. 3. The Village's check No. 37590 in the amount of $100 payable to Coffman Realty Co. This is a return of the earnest money. The check given at closing was for the total purchase price including the earnest money. Therefore, the enclosed check was returned. 4. The abstract of title to the property. 5. A copy of our title opinion on the property. We have paid the real estate taxes due in 1967. The requirement in paragraph 1, you will recall, was waived by us pursuant to our discussions. The Village Assessor should now be advised of the Village's purchase of this property so that he can exempt this property from taxation. Very truly yours, Th a S. Eri kson TSE:ca Enclosures CERTIFIED MAIL RRR cc. George Hite DORSEY, MARQUART. WINDHORST, WEST a HALLADAY JAMES E. DORSEY II689 -I959� DONALD WEST JOHN W. JONES THOMAS S. HAY WALDO F MAROUART JAMES B.VESSEY CURTIS D.FORSLUND LAW OFFICES JOHN W.WINDHORST WILLIAM A.WHITLOCK G.LARRY GRIFFITH HENRY HALLADAY E. J. SCHWARTZBAUER CRAIG A. BECK JULE M. HANNAFORD THOMAS M. BROWN DAVID L. MtCUSKEY 2400 FIRST NATIONAL BANK BUILDING ARTHUR B.WHITNEY CORNELIUS D. MAHONEY THOMAS O. MOE M INN E A P O L 15, M I N N.55402 RUSSELL W. LINDOUIST THOMAS S. ERICKSON JAMES H OHAGAN DAVID R. BRINK MICHAEL E.BRESS JOHN M MASON HORACE HITCH PAUL G.ZERBY MICHAEL W. WRIGHT VIRGIL H. HILL RAYMOND A REISTER LARRY L VICKREY T LEP H O N E: 332 -3351 ROBERT V. TARBOX JOHN J.TAYLOR LOREN R. KNOTT AREA CODE: 612 DEFOREST SPENCER BERNARD G. HEINZEN JOHN W. CARSON - ROBERT J.JOHNSON JOHN S.HIBBS PHILLIP H MARTIN CABLE ADORESS:DOROW M.B.HASSELOUIST ROBERT O. FLOTTEN JOHN J. HELD PETER DORSEY MORTON L. SHAPIRO GEORGE P FLANNERY JAMES F MEEKER OF COUNSEL CURTIS L. ROY JOHN D. LEVINE DAVID E BRONSON ARTHUR E.WEISBERG ROBERT J. STRUYK HUGH H. BARBER DUANE E- JOSEPH MICHAEL A. OLSON LELAND W SCOTT FREDERICK E. LANGE LARRY W. JOHNSON LEAVITT R. BARKER November 17, 1967 Mr. Jerry Dalen Village of Edina 4801 Vest 50th Street Edina, Minnesota RE: Acquisition of Oscar Roberts Property Dear Jerry: I enclose herewith the original of the warranty deed given by Oscar Roberts Company to the Village of Edina conveying the property which the Village recently purchased from Oscar Roberts Company. This deed has been duly recorded in the office of the Register of Deeds in Book 2610 Of Deeds, Page 110 as Document No. 3684334. I send this to you to be kept in your files. Very truly yours, TY Eri son TSE :ca Enclosure wBRE -0111- CuPr YELLOW — Borer'. Cupr No. 15179 GREEN — seller . Copr PINK — Buyer's Receipt Revised 1959 MILLER-DAVIS CO. PURCHASE AGREEMENT ........ ............................... Minneapolis Minneapolis, Minn........ 00tOie ...................... ..................19.........._ RECEIVED OF ..... VILLA= Or �IltA� E4 Fi# l# *f ffiL1tt C - t 8t1t311.- - - - -- --•- •---•-- -•--- -- --- --••------- - -- the sum of-_-U-nand .> iQs- -`' ..••_» - -_-•• ••tax- rt r •� - - -et - w.t..,r..__.. ($. i0i�.i0. -_.) DOLLARS .......... check -__•---_--__..._... --- - ------ _____as earnest money and in part payment for the purchase of property at (Check, Cash or Note —State which) ................................ _ .............. - .......................... _ ................................................................................................... situated in the County of ------------- $________________________ __, State of Minnesota, and legally described as follows, to -wit: 9*E Exbibit A attashsd h to #M hereW w&ft a pirt hereof for i}W"l t m of property", to 0"em0fttill th ith, hereby sold. including all storm sash, storm doors, detachable vestibules, screens, awnings, window shades, blinds (including venetian blinds), curtain rods, traverse rods, drapery rods, lighting fixtures, plumbing fixtures, hot water tanks and heating plant (with any burners, tanks, stokers and other equipment used in connection therewith) .water softener and liquid gas tank and controls (if the property of seller), exterior television antenna, incinerator, dishwasher and garbage disposal, if any, used and located on said premises and including also the following listed personal property: XW all of which property the undersigned, as agent for the owner, has this day sold to the buyer for the sum of 'P ..y^�i* istFlikd . . -- - . - -� ♦--- -DOLLARS, __... which the buyer agrees to .pay in the following manner: Earnest money herein paid $__l ' ........ and $ .... _ 2JAPN ...., cash, on or before --- 94't0h ._90,,_A967s - -s s date shall be the date of elosifte, The se r sgreea that the abstrWt to be obta and b,; Helier pu mu=t hereto WWII iltiblUde, aid be Certif2ed to tW VW* of ObVerlftent Lot 8 dvacribed on Exhibit A over Wmeh said eiFBlremt are" east. $eUer a0ram to pay, on or be me d"e of OiosIM, v.0 apeoial assea l mU tbtm levied or assessed adaipet said preWAa. w_� mu� kA cu J-.-,b t W-K�, Subject to performance by the buyer the seller agrees to execute and deliver a.._".:!'.':""".`.`.` _.._"1"""""""'��"r•"�'e�.Warranty Deed to be joined in by spouse, if any) conveying marketable title to said premises subject only to the following exceptions: (a) Building and zoning laws, ordinances, State and Federal regulations. VT), to me. er« nppnwtwwtMe4$wtnises�ei.subjacA ta.traaeleaced.focfeiivcs (c) Reservation of any minerals or mineral rights to the State of Minnesota. '(ttj'�tfttttty'- easmartr ((r}`�Rigttts- irk» errarrts*' bsfoite...+{« nlev ♦speeifi.drwaGaett.w,geeanc;ss,) . The buyer shall pay the real estate taxes due in the year 19 atrt} as1 entpeid* itts�tltBenb •af�sperial- ssemsneatrftayabla iherw+ituand. tfttreafrer. bate Of C Doi tia.. The seller further agrees to deliver possession not later than ........ ........................_...... .....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 b it lm. The buyer and seller also mutually agree that pro rata adjust rrt[ Qf rears .int r s ra ranee and city water (and in the case of income property current operating expenses) shall be made as of .......... ................... _- _- - --...---...- --.. Grtj!___._____.-_-.......... ...-.--.._.. ............_.._.... The seller shall, within a reasonable time after approval of this agreement, furnish an abstract of title certified to date (or a 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 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 within to days after written hutice, the buyer shall perform this agreement according to its terms. If said title is not marketable and is not made so within 120 days from the date of written objections thereto as above provided, this agreement shall be void, and neither principal shall be liable for damages hereunder to the other principal and all money theretofore paid by the buyer shall be refunded; but if the title to said property be found marketable, or be so made within said time, and said buyer shall default in any of the agreements and continue in default for a period of 10 days, then and in that case the seller may terminate this contract, and on such termination all the payments made upon this contract shall be retained by said seller and said agent, as their respec. tive interests may appear, as liquidated damages, time being of the essence hereof; but this provision shall not deprive either party of the 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 i{.n�derstomtg d agreed that this sale is made subject to the approval by the owner of said premises, in writing which approval agent has_..'" ....... .......6T. 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 ---- .. .. c0s ........................ The delivery of all papers and monies shall be made at ErGellit�T, y�t�� the office oF�y, `'"..r *W. .A... By ................ <.. Agent _ I- 1, the undersigned, owner of the above land, do hereby I hereby agree to purchase the said property for the price ratify the above agreementt and the sale thereby made. and upon )te f4rms above mentione d subject to all con - ������ ditions rein expressed. B� ✓ J i -... 1 Bayer And' jie-i• e --------------------------------- t+a 0-1 esru Buyer MrIBIT A -6,lat p�.I­ of 'i-ic,;t, of ,.h_­ .1-o the GovC'.­'-,I,"c:- 6 Su-L•VOY ca-,"'.C.Oncin" at t1"O -,)OL�­ :",a. ;Crly linc of z1ac 1-`r:, way of '6'.Ic l'inneapoL.-Ls, 'and parallel with ana (40) fco`�- oatI-.C;rlY at . lt Cc'nter line 0-r* "az: :_`Cn pra Affil loc, .11 - - — atcd `r3U;zI- Oaofd -1-3 tod as Point "A", and ruzani.n-4, Xorth Si: ..t-y-_'CVCI-, V.-Io (2) minutcs linc at ,,_n of 11undrod Six:tcon (116) CLL�rcc:s; .. -"111: of way line, a dis-tance of One Hundred 7cn �,y -. 11ciicc South two (2) do_,rccs, tI­.-_7-r-y-t*h:-cC feet to a joint which is tz'aa acl;ual place of bcc;;;inninZ Cf thc hereby conveyed. T'amncc from said actual :lace of begi-nning two thirty -three (33) nninutes , st 3,0 If cet; '89) de 'tees, Thi-ty-e_h'38) .,.L_ —es wost Easterly line of riZat of way; ',;*.,c-nce Northerly rilht of -uay line to a I."Casurc-, alol-13 caiia 1-f-'r"at of way li.nc; thence 13rt-hCa" _Y an ;le of Ylinety-four (94) dc,_-oes, forty -c—'at (488) said ri ilt of way line a dista'.-ce; of -1-54-0) foot to of bcginninC." And aloo tho followin,.,'I, ",2) OV—, acroso Iclic following, doocrfood la;d watCd ir, and described as "All ti-.Lt Da'_'t o." Lot Scctj.on Twenty-Eiz-,ht (23), Town�;hii-p One lHundrc!d Sevcnte.-n (117) North, 2 ,c Twenty-One (21\ o-f tha Illfta Pi,,incirai I I\an, ... - 111,er1d1a11, accordin• -Y to t'--c Srv:i:y bo.und'od and described as f011 U...?s the Easterly line of the r_ ht- of way of the and Southern Railway s locatc-f aza co-s-r, --e-, acjG��s s&­ section is intersected by aline -Gar&!Icj wj- (1,0) fee',; sOut"Icrly at ri at- a:files from the of the Eden Prairie Road so-called, "­ laid o-t _.L j.d Section, 14'aich point ir. hereinafter des'Sna--d as running t hence ortl,� Sixty-seven 4,j o '2) ninu- s along; said parallel line and at an angle of G.-je (116) degrees, forty-scvcn' N.,jtI zaid i-i;ht- of way line, a distance Of One _IE,_,ndr&L Tvcnty (120) fect-, tllczi�c _0out.,. 'C"'.70 (2) dc"recs, thirty-throe (3`3) LiL-utcs ., Tnencc lvi'cst 154-3 feet to saild Easterly line of way at a point. 363.7 feet southcr-Ly scid ?0- sured alon-,, said right of way- _I_nc, thence norta along saiC4 Easterly line of -_aI_li-.,ay right of way to the *011'-Ce 0- J. "Iso the forty (1-0) foot- strip ly bot."..'ean said 1-ir.0 and the center line of said road, sub4ect, to Ease-_Cnts for j-oc.J purposes; to-wit; A strip of land twelve (12) feet wide rurnnin_r, northerly Xm.-t'- Line of the hl-rl-by ­ vCYOC ZarcL� "�.. o_, no..,_ , n_.'0 1 of the lana last above CO S —id 2-o ' -ai-_c a oal;11 Xn(ym a-. Eden Ave hue . And a .;trip of I'mid scvon fcot- uid,: of the -land last -',-.he Line.: Of convcycd, t-o 2ai'd And aloo 1,;I7c fo'-• rocorded in Bo&,. 1111 c)f 1 .1. .1.A_ .-c 134, 0:0 Dcods for ..aid cour.,-1y. OSCAR ROBERTS COMPANY SQUARESTONE BRAND BUILDING BLOCKS WASHED SAND AND GRAVEL • ♦ READY MIXED CONCRETE 7220 FRANCE AVENUE SOUTH 927 -7021 MINNEAPOLIS, MINNESOTA 55410 Aotolr its 1967 Villa" of as 4ml W. "th Stmet adisat =*"to Sass Sin I v an dol#,ve at* olosw"d dal AS wol►t asswWU*s Vot tw tool d000riptlos ia UMbit A Is 061MIL as to MW low ve OM. Not frswl% too "atmot av"l"l*t vo "m in as p"Mosl is *book aw ♦0oomw of lour do"rlptloa. Tows t ndyo mass M