HomeMy WebLinkAbout1439DORSEY, MARQUART, WINDHORST, WEST $ HALLADAY
JAMES E. DORSEY 4889 -1959)
DONALD WEST
DUANE E JOSEPH
WALDO F_MAROUART
FREDERICK E. LANGE
JOHN W.WINDHORST
JAMES B.VESSEY
HENRY HALLADAY
WILLIAM A.WHITLOCK
JULE M.RANNAFORD
E. J. SCHWARTZSAUER
ARTHUR B- WHITNEY
THOMAS M_BROWN
RUSSELL W. LINDQUIST
CORNELIUS D. MAHONEY
DAVID R. BRINK
THOMAS $.ERICKSON
HORACE HITCH
MICHAEL E. BRESS
VIRGIL H.HILL
PAUL G.ZERSY
ROBERT V. TARBOX
RAYMOND A_REISTER
DEFOREST SPENCER
JOHN J.TAYLOR
ROBERT J. JOHNSON
BERNARD G.HEINZEN
M.B.HASSELOUIST
WILLIAM J. HEMPEL
PETER DORSEY
JOHN $.HIBBS
GEORGE P. FLANNERY
ROBERT O. FLOTTEN
CURTIS L. ROY
JOHN D.LEVINE
ARTHUR E.WEISSERG
ROBERT J. STRUYK
LAW OFFICES
2400 FIRST NATIONAL BANK BUILDING
MINNEAPOLIS, MINNESOTA 55402
Village of Edina
4801 West 50th Street
Edina 24, Minnesota
TELEPHONE: 333-2151
AREA CODE: 612
CABLE ADDRESS: DOROW
February 14, 1969
ATTENTION: Mr. Fred Hoisington
Dear Fred:
MICHAEL A. OLSON CHARLES A. GEER
LARRY W. JOHNSON JOHN C- ZWAKMAN
THOMAS S -HAY JOHN R.WICKS
CURTIS D_FORSLUND EUGENE L.JOHNSON
G. LARRY GRIFFITH ROBERT O. KNUTSON
CRAIG A. BECK JOHN W. WINDHORST, JR.
DAVID L.McCUSKEY MICHAEL PRICHARD
THOMAS O. MOE RICHARD G.SWANSON
JAMES H.O'HAGAN RICHARD W. DUFOUR,JR.
JOHN M. MASON FAITH L.OHMAN
MICHAEL W. WRIGHT DAVID A.RANHEIM
LARRY L. VICKREY ROBERT J. SILVERMAN
LOREN R. KNOTT
PHILLIP H. MARTIN OF COUNSEL
JOHN J- HELD,JR. DAVID E. BRONSON
REESE C- JOHNSON HUGH H. BARBER
JAMES T. HALVERSON LELAND W. SCOTT
CHARLES J. HAUENSTEIN LEAVITT R. BARKER
Sometime ago, the Radisson South Company agreed to give certain
easements to the Village of Edina in connection with the construction
of its hotel down near 494 and Lyndale Boulevard.
Also an agreement was entered into between Radisson South Company
and the Village relative to the granting of additional easements for
waterline and fire hydrants.
I have just recently received from the attorneys for Radisson
South Company, a copy of each of those easements with the recording
data thereon and a fully executed copy of the agreement for the future
easement.
A copy of each of those documents is enclosed for your file.
The one easement from Edina Interchange Corporation has been recorded
as Document No. 3741448 and the easement from Radisson South Company
has been recorded as Document No. 3738911, both in the office of the
Register of Deeds.
If you have any questions on the enclosed, phase advise.
Very truly yours,
W s S. Erickson
TSE : bmo
Enclosure
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office cn the
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OCT 6.3 a,
Ir' book
records
3741448
OF DEEDS
BY
CPUTY REGISTER OF D^EDS
CI
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yam....— ....i..�.�aJ
3741448
n i, , /=1 ��� ,19 6e- , by
TiIIo INSZi�UM NT M,,lde this day of ,�7✓�/
and between EDINA INTERCHANGE CORPORATION, a Minnesota
corporation, _
,f the County of Hennepin and State of Minnesota, parties of the first part,
and the Village of Ed.ina., a municipal corporation organized under the la *+rs
o the State of Minnesota, party of the second part;
WITNESSETH, That the said parties of the first part, in consider-
ation of One and No/100 Dollars ($1.00), to them in hand paid by the said party
of the second part, the receipt whereof is hereby acknowledged, do Grant,
Bargain, Sell, Convey and Warrant to said party of the second part an Easement
in perpetuity for all utility and drainage purposes including, but not being
limited to, sanitary sewer, storm sewer, water pipes, including the right to
enter for the purpose of constructing, maintaining, altering, repairing. and
reconstructing said utility and drainage systems in and over the follotaing
described property situate in the County of Hennepin and State of Minnesota.,
to -wit
1
The West 10.feet of the North 135.04 feet
of Lot 11;
also the East 10 feet of that part of lot 9
lying North of a line parallel with and
135.0+ feet_ South: of the North line of
Lot 11, extended West, E
all in Block 8, Edina Interchange Center,
according to the 7-recorded plat thereof.
This instrument is exempt from state deed tax.
It is the intention and agreement of the Parties hereto that a
thr, party of the seccnd part shall in tiie con -3truetion, or maintenance
,,f ;aid utility an(? drainL ;c systems replace any --hrubs or sod rcc:oved
r,-/ r,ny excovation in connection with such construction or maintenance
in a n•,arly ac ; po: ;ible the sane cond�i.tion ns before such c %cavati on.
F
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EAti }sMEiST 0,
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THIS INSTRUMENT, 14ra.de this day of 44OANi —,19AP, by
and between EDINA INTERCHANGE CORPORATIOIQ, a Minnesota _ ___
corporation,
of the County of Hennepin and State of Minnesota, parties of the first part,
and the Village of Edina, a municipal corporation organized under the laws
of the State of Minnesota., panty of the second part;
WITNESSETH, That the said parties of the first part, in consider-
ation of One and No/100 Dollars ($1.00), to them in hand paid by the said party
of the second part, the receipt whereof is hereby acknowledged, do Grant,
Bargain,, Sell, Convey and Warrant to said party of the second part an Easement
in perpetuity for all utility and drainage purposes including, but not being
limited to, sanitary sewer, storm sewer, water pipes, including the right to
enter for the purpose of constructing, maintaining, altering, repairing and
reconstructing said utility and drainage systems in and over the following
described property situate in the County of Hennepin and State of Minnesota,
to -wit:
The West 10 feet of the North 135.04 feet
of Lot 11;
also the East 10 feet of that part of hot 9
lying North of a line parallel with and
135.04 feet South-of the North line of
Lot 11, extended West,
all in Block 8, Edina Interchange Center,
according to the °redorded" plat thereof.
This instrument is exempt from state deed tax.
It is the intention and agreement of the Parties hereto that
the party of the second-part shall in the construction, or maintenance
of -,aid utility and drainage systems replace any shrubs or sod removed
by any excavation in cornecti.on with such construction or maintenance
work, in as nearly a.s poss,i: 'LE! the same condition as before such excavation.
IN TESTIMONY UIE ,'OF, The said first party has caused these presents
to be executed in its corporate name by its President &" -i4c
&"- +r op e,,, @1-a __t 6 the
day and year first above written..
,In Presence of:
EDINA INTE.RCHANGE CO$ ORATION, a H ,�sota
Corporatio
By
Its President
And By _
Its
ST, TE OF Mi NNEKTA
SS,
COUNTY OF ED T
On b /& r�'ay of GrIpatfNi , 1944e, before me, a Notary
Public, i,-i.thin or_- _ J . _d County, personally appeared
to me personally known, who, being eaair by me
duly sworn, �i4eT are rosy Li: the President atah tie
_ of the corporation named in the foregoing instrument
- = - r-
grx ieFr� and rthat sa_..d .nstruraent was signed and sealed in behalf of said cor-
poration by autnor_.ty c -" its Board of .P4Fetiir9J and said eQ', jfdret #eocw
apAi acknowledged said instrument to be the free act
and deed cf sa." co_, rat` =on.
(Notarial Seal
L'. H.- MAY, JR:
Notary Public, Hennepin County, Minn.
My Commission Expires Oct. 20, 1974.
7
r
81D 4F
J
MSEMENT
Pre
THIS INSTRUMENT, Made th ;S 30th day of Se2tember ,19 68, by
and between
s
of the County of Hennepin and State of Minnesota, parties of the first part,
and the Village of Edina., a municipal corporation organized under the laws
of the State of Minnesota, party of the second part;
WITNESSETH, That the said parties of the first part, in consider-
ation of One and No/100 Dollars (1.00), to them in hand. paid by the said party
of the second part, the receipt whereof is hereby acknowledged, do Grant,
Bargain,, Sell, Convey and Warrant to said party of the second part an Easement
in perpetuity for all utility and drainage purposes including, but not being
limited to, sanitary sewer, storm sewer, water pipes, including the right to
enter for the purpose of constructing, maintaining, altering, repairing and
reconstructing said utility and drainage systems in and over the following
described property situate in the County of Hennepin and State of Minnesota,
to -wit:
I
The West 10 feet of the South 230.00 feet
of the North 365,04 feet of Lot 11;
also the East 10 feet of that part of Lot 9
lying North of a line parallel with and
365.04 feet -South of the North line of
Lot 11, extended West, and lying South
of a line parallel with and 135.04 feet
South of the forth line of Lot 11 extended
West
all in Block a, Edina Interchange Center,
according to the Trecorded A plat thereof.
This instrument is exempt from state deed tax.
It is the intention and agreement of the Parties hereto that
the party of the second part shall in the construction, or maintenance
of said utility and. drainage systems replace any shrubs or sod removed
by any excavation in connection with such construction or maintenance
wor }c, in as nearly as possible the same condition as before such excavation.
IN TESTIMONY WHEREOF, the said first party has caused these
presents to be executed in its corporate name by its Vice President
and its Asst. Secretary of its general partner, and the corporate
seal of its general partner to be hereunto affixed the day and year first
above written.
RADISSON SOUTH COMPANY, a limited partnership,
BY PREMI ERVIC CORPORATION
In Presnnce Of: By J7 _
Its ,
And By
Its
�-� r
General Partner.
STATE OF MINNESOTA)
) ss.
COUNTY OF HENNEPIN)
On this 30 day of September 19 68, befog
Public w�hiksjor said County, personally appeared �� m e3Cgger
and , to me personally known,ViVe jiWr�tby me
duly j*ijjjrjpt"+ sgjc gWa y are, respectively the
and - LY of the general partner of the limited' partnership
named in the foregoing instrument and that the seal affixed to said instrument
is the corporate seal of said general partner of said partite- jpdhipand that
the said n trume t was signed ands d c��, eral partner
of said par hers i -p authority of a- ® �'
XxXX''X'XXX1x y y t
of said general partner, and
acknowledged said instrument to be the free act and deed of said
partnership*1
(Notarial Seal) ROBERT M. BOWEN
Rotary Public, Hennepin County, Minn,
My Commission Expires Jan. 21, 1975.,
.t 9
' t �
THIS AGRZIMINT, entered into by and between AADISBON BOUTS
COMPANY, a limited partnership, PREMIUM SXRvlcZ CORPORATION, being its
general partner, hereinafter called the "Appliasat ", and TSS VILLAGN OF
IDTNA, a sionieipal corporation, hereinafter called the *Village**
*IT' 111I8STB t
WSCREAS, the Applicant has comimanotd land registration preveedings
for aerte4a property situated vithi,n the Village of SAina and legally
described as foll.a+n r
That part of Lots 8, 9 and 11, Block 8, EDINA IS'x'iLSCHANGE
CUM, described as 'beginning at a point on the North
Bane of Government Lot 1, section 16, Tcnmsbip 116, Range,
21, distant 9T4.46 taut East from the Northwest eorner
of said Government Lot 1; thence North, parallel with
the extension North of the West line of said Government
Lot 1, to an intersection; with s line dramn parallel
with and 135.04 feet nth, as measured at sight angles,
fry, the North line of said hat 11 and its extension
West; thence East along said last described parallel
line and its extension to the Northessterly line of
said Lot 11; thenee,Southeasterly along said North-
easterly line to the East line of said Lot 11; thence
South along said East line to the Southeast corner of
said Lot 11; theme* West along the South lane of said
Lots 11, 9 and 8 to the point of beginning, and
WMMZM, within the allegations set forth in its applie+stion for
registration, the Applicant alleged abandonment of certain utility ease -
mennts lying along the southern most boundary lines of, and the comson
boundary line between, Lots 9 and 11 of said described real property, and
WMMOAS, the Village han, subsequent to the tiling and service
of said application, tiled and served its ,Answer in said registratiesa '-
proceedings denying such ,band ent, and
WHZRBAS, the Applicant is desirous of having the village withdraw
its Answer and to stipulate to the ab t of such aasaments, and
add, the Village to desirems of obtaiatng carton ten toot
utility easements for the construction and maintenance of certain water-
lines to service tine hydrants to be paAwed on sa 4 poses, and
WMMM, because of cirawastandes atox beyond the cmotxvl o! btu ;
parties hereto, the exact location of said Vaate rl.ines and !fare b►drmts
as=*% nos► be asoertatnod or located,
NOW, TRERZFM, it is agreed to by and between the dies hereto
#aa consideration of the above stated premises and certain easements provimoly
granted by Applicant to said Village and Nort orn States -Porsr CONIlPS3►s
a Minnesota corporation, as follows:
1) That the Village will stipulate to the''withdrawsl or
its Answer; in said registration proceedings and to
such abandonment of s;4 d, easements. ass alleged and not
forth in Applicant's appl.ieattion . to register on file
and of record.
a) Applicant agrees to grant and convey to Village, in
addition to those other easements previously referred
to above, a ten foot utility easement over and across
that portion of the above described property to be
registered necessary to the construction and maintenance
of said waterline and fire hydrants as finally located
therein, said easement to be in substantially the form
attached hereto as Exhibit "A" and hereby made a part
hereof, and to be given as soon as reaeosably possible
When the waterline and fire hydrants have bees finally
located.
3) The parties hereto agree that this agreessat shall not
be memcral.ited upon the certificate of title entered
pursuant to the registration proceedings herein, but
to enter into all necessary documents to effect these
intentions set forth. The Village shall enter into a-
stipulation to be filed in the Office of the Clerk of
District Court for the withdrawal of its said Answer
and the Applicant shall grant and convey said easements
by separate instr+sment which shall thereafter be duly
memorialised upon said certificate of title.
THIS AGRZINUT was signed and sealed by said parties this
day of September, 1968.
VILUag OF BDIn
j„-
RADISBON SNOTM t CO Al4Y
By pr 8e co Corporation
Its Partner
By
Its
-2-
EASEMENT
THIS INSTRUMENT, Made this day of ,19_, by
and between
of the County of Hennepin and State of Minnesota, parties of the first part,
and the Village of Edina, a municipal corporation organized under the laws
of the State of Minnesota, party of the second part;
WITNESSETH, That the said parties of the first part, in consider-
ation of One and No/100 Dollars ($1.00), to them in hand paid by the said party
of the second part, the receipt whereof is hereby acknowledged, do Grant,
Bargain,, Sell, Convey and Warrant to said party of the second part an Easement
in perpetuity for all utility and drainage purposes including, but not being
limited to, sanitary sewer, storm sewer, water pipes, including the right to
enter for the purpose of constructing, maintaining, altering, repairing and
reconstructing said utility and drainage systems in and over the following
described property situate in the County of Hennepin and State of Minnesota,
to -wit:
U
It is the intention and agreement of the Parties hereto that
the party of the second part shall in the construction, or maintenance
of .aid utility and. drainage systems replace any shrubs or sod removed
by any excavation in connection with such construction or maintenance
work, in as nearly as possible the same condition as before such excavation.
xh, �
�
��l ti
a
IN WITNESS WHEREOF, The said party of the first part
has hereunto set his hand the day and year first above written.
In Presence of:
STATE OF MINNESOTA
)SS.
COUNTY OF HENNEPIN )
On this day of 1968,
before me, a Notary Public, within and for said County, personally
appeared and
to me known to be the persons described in and
who executed the foregoing instrument, and acknowledged that they
executed the same as their free act and deed.
(Notarial Seal)
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