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HomeMy WebLinkAbout1416P� Mrs. Florence B. Hallberg Village Clerk Village of Edina 4801 West 50th Street Edina, Minnesota RE: Braemar Park -- Release of Easements Dear Florence: I return to you herewith,in connection with the above matter, the letter petition of F. J. Hays requesting vacation of the access road easements in the Braemar Park area and the resolution which you sent to me whereby the Village agreed to release its right to the road easements. Please note that I have made some minor changes in red pencil in your resolution. I trust they are acceptable. Also enclosed herewith is the quit claim deed releasing the easement interest of the Village. These should be executed as evidenced, witnessed and acknowledged and the original forward to Mr. Hays along with a certified copy of the resolution. TSE:ca Enclosures If you have any questions, please advise. Ve truly yours, Ak US. Erickson DORSEY, OWEN, MARQUART, WINDHORST Sc WEST JAMES E. DORSEY (IBB9 -1959) DAVID E. BRONSON EDWARD J- SCHWARTZBAUER KENNETH M. OWEN THOMAS M_ BROWN DONALD WEST CORNELIUS D- MAHONEY LAW OFFICES OF COUNSEL WALDO F MAROUART THOMAS S. ERICKSON LEAVITT R. BARKER JOHN W. WINDHORST MICHAEL E.BRESS LELAND W_ SCOTT HENRY HALLADAY PAUL G. ZERBY 2400 FIRST NATIONAL BANK BUILDING HUGH H. BARBER JULE M. HANNAFORD RAYMOND A_REISTER ARTHUR B- WHITNEY JOHN J- TAYLOR JOHN G. DORSEY BERNARD G. HEINZEN M I N N E APO L 15, M I N N.55402 RUSSELL W. LINDQUIST WILLIAM J. HEMPEL DAVID R. BRINK JOHN S. HIBBS TELEPHONE HORACE E.HITCH ROBERT O. FLOTTEN 332 -3351 CABLE ADDRESS: VIRGIL H- HILL MORTON LSHAPIRO AREA CODE 612 DOROW ROBERT V TARBOX JAMES F. MEEKER DEFOREST SPENCER JOHN D- LEVINE ROBERT J- JOHNSON ROBERT J- STRUYK MAYNARD B. HASSELOUIST MICHAEL A. OLSON PETER DORSEY LARRY W. JOHNSON GEORGE P. FLANNERY THOMAS S. HAY I� April 21, 1967 CURTIS L. ROY CURTIS D. FORSLUND ARTHUR E.WEISBERG G- LARRY GRIFFITH .. DUANE E- JOSEPH CRAIG A. BECK FREDERICK E. LANGE DAVID L- MCCUSKEY JOHN W. JONES THOMAS O. MOE JAMES B- VESSEY JAMES H- O�HAGAN WILLIAM A- WHITLOCK JOHN M_ MASON CHARLES 0- HOWARD Mrs. Florence B. Hallberg Village Clerk Village of Edina 4801 West 50th Street Edina, Minnesota RE: Braemar Park -- Release of Easements Dear Florence: I return to you herewith,in connection with the above matter, the letter petition of F. J. Hays requesting vacation of the access road easements in the Braemar Park area and the resolution which you sent to me whereby the Village agreed to release its right to the road easements. Please note that I have made some minor changes in red pencil in your resolution. I trust they are acceptable. Also enclosed herewith is the quit claim deed releasing the easement interest of the Village. These should be executed as evidenced, witnessed and acknowledged and the original forward to Mr. Hays along with a certified copy of the resolution. TSE:ca Enclosures If you have any questions, please advise. Ve truly yours, Ak US. Erickson April 11, 1967 Village Clerk Village of Edina, Minnesota The undersign hereby petitions for the vacation of the reservation of access road easements over and across the following described property situated in Hennepin County, Minnesota, to -wit: The West Five Hundred Fifty feet of the Southwest Quarter and the West Nine Hundred Fifty feet of the South One -half of the Northwest Quarter, lying South of the center line of County Road No. 39, all in Section Seven, Township One hun- dred sixteen, Range twenty -one, as contained in that certain agreement dated November 13, 1956, executed by and between F. J. Hays and Helen B. Hays, his wife, and the Village of Edina, and filed November 26, 1956 in the office of the Registrar of Titles, Hennepin County, Minnesota as Document No. 516678; and as carried forward in the deed to the Village of Edina, filed in the office of the Registrar of Titles, Hennepin County, Minnesota as Document No. 528524. That this petition is made upon the grounds that said reservation of of access road easements over and across the above described property are no longer necessary and constitute a cloud upon the title to said property. J. Hays f, y�, i� April 25, 1967 Yr, Cl.cnn C, t? IMOe. W RW. the 11111ASe of Edina has a right to obtain throe public Toad easA=Mts Ou property described in agroormat 0 dated NAVesber 131, 19:16# and filctd in the c►MOO of the Registrar of Tit'le#, Hamapin Omnty, as tbcu nt N. S16678P whieh Oareement is also net forth to a warran't'y' dead dated April 30, 1957, and filed in the office of the Re,gjstrctr of Titlas,. 1 amepin County* lii nnosota, its Documat go. 5285241, which Q"e— rants wane resarved for the benefit of the hraomar Park area to give a "nss to County Road aka. 18 and WHER.A'G, said road easawnts have rcevar been obtainod and tho Villagu, hea determined that it is not necessary that they bo Obtained and that they are not neode and WHWA# the a-rs`-d-f- the V ert �+ cro r �hieh a easel is vere to exi at hawe�a release by the 'Villages of interea� in the following doseribed pro ortya The vast rtva Hundred Fifty foot of the euthweat Quarter ewatd the West hint Hund ,dyy,.�r yyfty feet of the ftut:h o�kew�.3.alf o! the -forth pt`'. •+f,Ci "ter. Iyf n a South of the center liw. of Cowty Road V. o. *39, all In Section Seven, Town0 ►ip One dared Sittt een, Range Twenty-one; MU, TUMVOR5, BE IT RMLVN a, that the Villose of Edina direct its Mayor arkd tlork to eX00uto and deliver a Wt Claffe teed. In Lever of F, ,l, RAYS and Kalov A. Hays, husisand and wife* relinquishing, all interest of the village in and to said three public mad eesew.nte Which the V31.1 a has tha ri ht to *btaln pursuant to. said agree nt. ATTEST 4. }e+ A. R Vi.l.laige Clark si ed AR' *R firc "Magyar 1, the unciraignes2 duty appointed and aetinz �3'ill± a aark for the Village of gdine, County of Nonnal►in, )(i:nn000ta, do certify that the attached and foragoiog Resolution is a true and correct Copy of a Resolution duly adopted by the Villa&$ of i9dina Council set its Rgsul4r Xeett% bold Monday, ."aril 17, 1967, and as recorded to 06 14inutes of 1a"id Regular aatin-9. WITN SS any handO, and seal of said Villa a r1do elgbtoenth day 9f Apri.l., M 4A V1 11-444 ��. 1,1111480 of Edina _ `I_ '_._.._ nrro:n = -J�"� �.1�� � --- �+ =-- -ee+ca 1 +OU.NX On ix hViler Daris Co. KJanespolis. Minn. Oel]IK Quit ct.i�. Deed. Form No. 30 -M. r i orpur.Eion�o.�ndt.idq.1. �. j(8 Yt�EYC�UrE, grade this.... .. ................. ....day of... . A9;dr.1 ................ 1 19,...62., between,.. .. ...Q.... r ........... .. ...... ........ ................. municipal aloorporation under the laws of the State of Minnesota ,party of the first part, and ... .. ..F.x...J....RAX$..?,.rA.. 1. .. a... sl..�rz�fe..... _ ............. of the County of.... nnP.t?;� .............r :... and State of ........... innesota. :..... .. .... part.....eS of the second part, Head eration o the sum o !' WiriTe0�e That the said r o the first art in co f f party f p One Dollar ($1.00) and other food „and valuable consideration ---- ....r.0 to it in hand paid by the said part....... es, of the second part, the receipt whereof is hereby acknowledged, ' does hereby Grant, Bargain, Quitclaim, and Convey unto the said part...... Clz...of the second part ,....their.. heirs and assigns Forever, all the tract .... ....... or parcel ............ of land lying and being in the County of .Henn n . .............and State of .ifinnesota, described as follows, to-wit: The West five hundred fifty feet (W 550 ft.) of the South - west Quarter (SW 1/4) and the West nine hundred fifty feet (W 950 ft.) of the South one -half (S 1/2) of the Northwest Quarter (NW 1/4), lying South of the center line of County Road No. 39, all in Section Seven (7), Township One Hundred Sixteen (216), Range Twenty -one (21), according to the United States Government Survey thereof, Hennepin County, Minnesota. This quit claim deed is given for the sole purpose of relinquishing the Village of Edina's right to obtain three public road easements in a width of at least 60 feet over and across the above described property as created by.Agreement dated November 13, 1956 and filed in the office of the Registrar of Titles, Hennepin County, Minnesota, as Document No. 516678, and as carried forward in.that certain Warranty Deed dated April 30, 1957 and filed in the office of the Registrar of Titles, Hennepin County, Minnesota, as Document No. 528524. i This instrument is exempt from State Deed Tax. + ISO fjatbe atib to J�Olb the Together with all the hereditament* and appartenanew there- unto belonging or in anywise appertaining, to the said part ... �.eg...... of the second part t r.. 1 ....... heirs and assigns, Forever. i 31n T, cotiniOtTy Mbereof, The said ` first party has caused these presenis to be executed in its corporate name by its........,yor............ + 23w9ftstcand its ......... C.] elk ....................... ....and its corporate seal to be hereunto affixed the day and year first above written. y ....VShLAGE FDII3A........... CI { In Presence of Its .............. OwYor ....................... 4AW CCU I `� .. "yl orerice '. ' iiaergj VV_ `4.. \-�4 ....1.,.... Its.. Clerk .._. ... t r