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HomeMy WebLinkAbout1444lasg Uului7a nt tQ mwaza q ;aamnu;u¢q alp aayem eon joy uc •,a ;cx ".. pa;ivm road 3qu419 *%U :3100 ................. ............................. 6I 8aszdxa uozssntuu..o'a fiW ... ._ .... ...... .......... ................... ...... .. .... .... .....� ?t4�td fi.cv�o•�• .................... ........................... ............................... laio;.i aaSl T"7 1- raipajotauliov Puv . ........ . ..... ..............................- ._._............... ............................. ....... ............... p�noaxa ..............lL� .�_................. `�u gun cgs 9u ?oy acod 971; pa;noaxa o'li:n puv 'uz pgla.s;T ..�..c....�.. ti�aTos..i.�od u TO�yp, �^a. ....o� f uzouq aiu of ............. .......................... ......................... .....................................................;.............:............... . P. �...u.�s.xk 3' tijpT .... 2Tli'j3Gii...pize .... `.n.2i'jS "k;? 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P. �...u.�s.xk 3' tijpT .... 2Tli'j3Gii...pize .... `.n.2i'jS "k;? ".t'1....i^Ol .....u� MO M IP d +riI?r P :13ri pa.zmddv fijpvosa� d `�unoj prv9 aof puv 'UIY7!. z........_ ............................................... .ITI.q.�.a.... er '+'�5'YZ......I............... I. `nu aea.lae� r..�.�...�T r ................... ...................1�:[t....... do fi;> _ .......................................... .T..........................10. 124unoj 1 LI (a2J.u;;)H a `lei LI 31"1 x e s O M a 3 x a P War�nty Dees, Except .45vyssnier_tx. FU'T 2 'lo �r '�y reliller -Bade CQ.. r ^ex,o' #a, Minn. Individual to Corporation. _- hhfian =aota Uniform Conveyancin 2iiaiiu (11931). i ' 0 i:w ;:��I� � Made this . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � 3 a y 1 1 9 19....69 between .... &19U. S.t.a....Gaulke.,.....a..._ wid.o -w... and:... 2.i - caw. ..unmaz- ,rie,d,....and....H.edv 1 q. ... Hoe ... La.rs.on and. her husband, Rudolph Larson, of th!• Coea.n;;y of ................... Hannepi:1.. ................................. ....and State er ....M3 ?neso t part...:; 's. ... of the first part, aril..........,. J_...11 f%.... . '....Frd.a ;c�.,.... ...�t1Y?.1a.�. .i n� ....CO.��7.Cira. l.fJTl.,.......... ......................................................................................................................................................................................................................... ............................... x)r;r t<lt- rtrrax under tic-, laws of the State of .... ..... ........ ..Xinne -z to .........,..................... parts of the second part, t IeS;5etfj, That the said part. e..S.......of the first part, in considerat,on of the surb of ........................ One....Doli ar.....aAd... o ther ...goo�.....and .... V��,�b Valuable s. idear. F. t1.��...�x�xxxxx)DOLG -m to ............. �: 1.? ?............................in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, do ..................hereby Grant, l;arsain, Sell, and Convey unto the said party of the second part, its successors and assigns, Forever, all the tract ............ or• parcel ............ of land lying and being in the County o f ... .......... heTlT ...pjia ......... ... ....... and State of Minnesota, described as follows, to -wit: The West 1/2 of the South 1/2 of Lot 49, Auditor's Subdivision No. 172, according to the map or plat thereof on file or of record in the of�'ice o the Me ister of Deeds in and for H,=_n eY in County, Minnesota; also, together with easement for ingress and egress to said premises, being described as a perpetual easeent for drive- way purposes over, upon and along the South li feet of the East 1/2 of the South 1/2 of Lot 49, Auditor's Subdivision No. 172, Hennepin County, Minnesota. To J5-abe aub to J_�o[b the dame, Together with all the heredttaments and appurtenances thereunto belonging or in anywise appertaining, to the said party of the second part, its successors and assigns, Forever..gnd the said .................................................................................................................................................... ............................... .. .............................................................................. . ................................... . ......... ................. . ................................ . .............. ................................................... I....... part „. A.P.$ .... of the first part, for ....themselves, he r....heirs, executors and administrators, do............ covenant with the said party of the second part, its successors and assigns, that........ they .... az'e ..............well seized in fee of the lard=s and premises aforesaid, and ha...VF..n od right to sell and convey the sauce in manner and form aforesaid, and that the same are free from all ineumbrances, excel! Z._,-I v ........................................ ............................... ............................the lien of all unpaid special assessments and interest thereon. ./Ind the above bargained and granted lands and premises, in the quiet and peaceable possession of the said party of the second part, its successors and wssiyns, against all r!ersor,, lawfully claiming or to claim the, Whole or any part thereof, subject to ineurnbranee . ...................hereinbefore mentioned, the said part .... le..s ... ... of the first part will Warrant and Defend. In Teotimonp �V. - hereof, Tiic said pciri;..i.�.s.. of the first part ha...Ve..hereunto set.... their hand..S... the day and year first above written,. I .. I °�' �' G n Presence �1y ��G / �. ................... !i i l � r � ..........l ✓......../ ...................................... `' ....... /( J. 1� ( / 'U:':......L --:........ Y .... ............... ............................ /:. 0 . a; A. D. STRONG COMPANY SUB,TkI T PROPERTY VIP-.WF-l:) FROM FRANCE AVE, LOOKING SOUTHERLY ACROSS ABUTTING PROPERTY TO SUBJECT PROPERTY N I A. D. STRONG COMPANY 1111U105H AND nA H The purpose of this appraisal is to estimate the value, in fee simple, of the real estate described herein. This appraisal is made as of December 17, 1968. In appraising the property, the opinion of value expressed recognizes what is considered to be the highest and best use of the property. It is assumed that the seller would be under no pressure to dispose of the property and that the buyer will be one who can fully utilize the property to its highest and best use. It is assumed that no distressed situation of any type would surround a sale. If a distressed situation were to exist at the time of sale, or there was pressure on the part of the seller to dispose of the property, then the "sale price" might be lower than my opinion of "value ". Conversely, if there was pressure on the buyer to purchase this particular property, a higher sale price could conceivably be obtained. "Value ", as estimated in this report, is defined generally as follows: The highest price estimated in terms of money which the property will bring if sold by a seller, who is willing but not obliged to sell to a buyer who is willing but not obliged to buy, both parties having full knowledge of all the uses to which it is adapted and for which it is capable of being used. LOCATION AND LEGAL DESCRIPTION The subject property is located at 5048 France Ave. So., Edina, Minnesota. It is legally described as follows: The West �g of the South �j of Lot 490 Auditor's Sub- division No. 172, Edina, Minnesota. z A. D. STRONG COMPANY `� CONTI NGfiN'P AND LIMITING CONi)t T7 C)NS This property in appraised in fee simple, subject to the following limiting conditions. The legal description secured by use of public records or from surveys provided to us is deemed to be correct. Any sketches or surveys included in this report are included to assist the reader in visualizing the property. We have made no personal survey of the boundaries of the property and assume no respon- sibility in connection with such matters. We assume no responsibility for matters legal in character, nor do we render any opinion as to the title, which is as <;umed to be good. Any or all existing liens and encumbrances, except as particularly noted, have been disregarded, and the property is appraised as though free and clear, under respon- sible ow»ership and competent management. We believe to be reliable the information, identified in this report as being furnished to us by others, but we assume no responsibility for its accuracy. We are not required to give testimony.or attendance in court by reason of this appraisal, with reference to the property in question, unless arrangements have been previously made therefor. Neither all nor any part of the contents of this report shall be conveyed to the public through advertising, public relations, news, sales, or other media without the written consent and approval of the author, particularly as to valuation conclu- sions, or identity of the appraisers or firm with which he is connected. :3 A. D. STRONG COMPANY ., A1111RAISING t ?i1ALIVICATIOIS (A. RUSS11-1.1- C. :;MITIf Russell C. Smith has bectt actively and continuou,,Iy enoar)ed i_n tho real estate appraisal. profession since. 3.950. bur.ing this time itc! has specialized in the appraisal of commercial and industrial type projerty including income propertic.,, and s.pcciral purpose properties. Mr. Smith is a graduate of the University of Minnesota with a B.A. degree in architecture. lie has completed real estate appraisal courses offered by the University of Minnesota and by the American Institute of (Zeal Estate Appraisers. lie is instructing in the appraisal of special purpose and industrial buildings in the University of Minnesota Extension Division. For the first five years in the appraisal field, he was employed by the Appraisal Service Company, appraising industrial and commercial properties. For the next two and one -half years he was employed by Investors Diversified Services, Inc., in the Mortgage Division, appraising commercial and industrial properties and also managing commercial properties, including shopping centers. While employed by these firms, appraisals were mac'e by Mr. Smith in Milwaukee, Wisconsin; Louisville, Kentucky; Dallas, Texas; Waitsburg, Washington; Vineland, New Jersey; Chicago, Illinois; and many of the larger cities throughout the United States. In his present position as Vice President of the A. D. Strong Company and Manager of the Appraisal Department, which he assumed in 1957, Mr. Smith is appraising all types of real e:;tate. fie is qualified as an expert witness in courts of law. Fie is often appointed to serve as Commissioner in condemnation pro- ceedings by judges of the District Bench. Mr. Smith is a member of the American Right -of -May Association and an associate member of the Minneapolis Board of Realtors. He is an active member of the American Institute of Real estate Appraisers and has been awarded the designation of M. A. I. He has also served as Secretary - Treasurer and on the Board of Directors in the local chapter of the M. A. I.'s. Mr. Smith has appraised property for such clients as Minnesota Department of Highways, Minneapolis Housing and Redevelopment Authority, Hennepin County, University of Minnesota, General Mills, Inc., International business Machines, State of Minnesota, Honeywell, rayton's, Equitable Life Assurance Society of the U. S., Investors Diversified Services, American United Life insurance Co., numerous banks and mortgage companies and many other companies and individuals. 4 A. D. STRONG COMPANY THE COMMUNITY AND N171IGHBORII001) Edina, Minnesota, is a suburb of Minneapolis. Metropolitan Minneapolis and its suburbs, situated on the 45th parallel equidistant between the Atlantic and PaciXic Oceans, are about the central point of North America. Edina was incorporated as a village on December 18, 1888. It presently comprises approximately 16 square miles. The present population is estimated at about 40,813. The village of Edina has a mayor - council form of government with officials being elected for a period of two years. The city is basically a dormitory city with the majority of its occupants receiving their income outside of the area. It has one relatively small shopping district at 50th Street and France Avenue South and one on Highway #169, west of 50th Street in addition to South- dale Shopping Center. Outside of these areas, Edina has practically no commercial development. It has one industrial park in the north- west quadrant of Freeway #494 and Highway #11 which is presently being developed. Residents of Edina are generally in the upper income bracket. The value of dwellings within the city generally ranges upwards from $20,000 with the current trend being towards the more expensive dwelling. The city is generally laid out in a grid pattern of streets. However, where terrain is a contributing factor, some of the later subdivisions are laid out on a contour type pattern. Soil conditions throughout the city are generally satisfactory for normal building programs, although in sonic locations shallow layers of peat are encountered. Located within the Edina boundaries are numerous small lakes which tent; to create desirable aesthetic features for residential development. Within its limits are located several churches, public schools, and two exclusive country clubs; namely, Interlachen Country Club and Edina Country Club. Public transportation is available in most sections of Edina through the Twin City Rapid Transit Company. The more remote sections, of course, do not as yet have bus service. All sections of the village have public telephone, electric service, and a majority of the neighborhood has city gas. The older sections of the community have municipal water and sewer facilities and most new plattings are required to install and pay for municipal sewer and water or provide a bond for payment in order to have the plat accepted. 4A A. D. STRONG COMPANY THR COMMUNITY AND NEIGHBORHOOD - Cont'd The subject property is situated just south of the 50th St. and France Ave. shopping district. This neighborhood appears to be quite stable and experiencing good commercial activity. In front of the subject property is an office building owned by the 0. D. 11- Auschild Co. To the north is a parking lot serving the theater and other parking areas serving the commercial buildings fronting on France Ave. and on W. 50th St. To the south, the area is basically residential in character. Main access to the neighborhood is on France Ave. So. and on W. 50th St. Both streets are paved and have curb and gutter and /or sidewalks. All public utilities are available to all properties in the neighborhood. I see no depreciating factors surrounding the subject property resulting from the neighborhood. I would be of the opinion that there should be good demand for this property because of its close proximity to commercial development to serve that expansion. 1; - -- l— c S 1 I,wn r ,I 1 T w 7 , 1Ir I eA, I r I . __,_. -\ \ J,•rti �nl" I u.__�1.�._ � _ _ S t � w I If'9 w. < I ell �•1I1 '� I \ t.h Ch , st ; jiIri� -� LAKEWOOD -NETERY O �IyJ�JI�JIJ .. ,� II � G � i a „ ', A lu ' _ w^ II' ►.II If II II far �: ( a. J < 1 \ > "� 11t � r L1� ° • � �° Inr n �r v t� ^ py ;�C ��al�l ko arr n., (��ll��� a•m� 5+411[ [ 1, r I w� I'nw - — JI'�II l ,��`. .Il r'Y.,1'N11 G I�I r.... Oy �l'N ^ I. 11 , r ft 1 <li I; I It l J _ SH T�lw ❑ ('��, Lake Harriet J - OJI ATJt .1�,, r —�F I� Pp 4'Jt!+ I S H R"It�`4o ��_t} _ I _Jl I L. _. _� (•, fi;, a o ° ¢ < < < a i r: T Pershing -- Il I Ij u - w Der s W R > 1 w Flel� 1��li+ cif _I[l� IT' ,0 El •�� NI To f-- - N m .T < �h r a�i i 27: 1 a W III It r Lei, ()O(l(l; u G��� w 1 '� if I •`� il� I- �1 W �' 8 h �. S- < YY GLEN z 1 I w00DDA E w t;dt °a l'1 I o Z[�� >>C�I __3 Golf Course -- �- � W� F -N II- I- , ,, �..'�Rt VA TE W D T •_ 1 1 . W I��rJ , w nn y1i of 'I -l# ri.adY of Grace _h 34. I�'ye JIS *JF_ _Iwnai aaal(/ -'QI�°T" _ '�JIJJ al z L_J�f���L_J_I[ D f IOf� GOLF iLH - - - -_ -. ,._: .- _iZ -I�— � H f, - Si Peter a�0I0 •r- �LJ 1J��� I �� > I �i K� N T I w • - A K 0 R < ar t.-. w� JI�J I�/a II T w N < + -j 1 _ j - r k 6 i N 1 > o a is u h m r u J��L_7 m l oI 32 1 w , fli a > t� ll� r I y-, r, I 1 O \� NC ti.N f1l. i ' bTM < < m / --{- F' 1'6TN T �M. �iI ¢i.. IL_ � _. r < . T � ST EL CG r •�r _.. - 1 r � .. ... � �� � o X57 r ?� ° � u 7 LNJ� �'L� �rla gel�Sc x+�F _33 u _wo_\AND o P ter,.. -- LJV� rU� -JL_J J� 4 li__�I__ J L_ �L — r Edina- ornings (� g hi, iy I I / a Jlf�l�l�! 1 I rmata r U�J�'t1 , rE Kc ny jSi C ach 'D c_U 0 PNI BROOK �� L73 �\ a OL Park 0 at JL -��,E 2 3 W W > 'rU I _�O� �/J •�� _{ set a > Q l_�l �lJ� j W 09 C_N 1_� �r HJI , �L —._. W W I(( (I 1I cool. Hut �< r3l Pamela 14 a�N T��w lark �'S_ Grass aP ' �1�T_I�gT . k ������� C�11 FA_x L - o= 32 •`E RO S I LID I rr ��l_� ID � �:�IOJL__�L�;�JL > 111 -- > > " - W > O T w _ I LLW - _ ichfiel �H °� _i Vim— ?AIOJ�U'rx 5e IIO 1 11 if .I �iI Lake - w x lr O? l N1IJ�JLJI_ � . s r w : LA, . 1 a a 53 . 10 < N. T NH,TCA L 'do 0 I w T N v�Q I l ��C > `� ^!` Fes. o Wlfj _a iC�Ls? ��'�_���a °I f J`I i ��_, ���� \ff^��, ��QQ�I�H'f �1I�Ii..,, PL Ct G Uf�F Z O/UDc A Y O/ ` 50 \�l =Gl��l U���T / C �N �IF Chll� $t 9�N W �Y+__ Svc/ >J • .--5 ao-J O�W N W 3 Z '� I w�I <.�� > Wood Lake 4 P 2 u l T<csb Ch w E 273 W N o J t� I< Lal_L _' °POSE porN ar s W r 2f 'rne a ch ~� s �❑ o o = I AVEL ST o= a >< � AN 1 J ^ C 21 w k 24 w D E E F A. D. STRONG COMPANY LOOKING SOUTHERLY ON FRANCE AVE. FROM 51ST STREET, LOOKING NORTHERLY ON FRANCE AVE. FROM 51ST STREET A. D. STRONG COMPANY THE SITE Physical Features The subject site is rectangular in shape. It has a "frontage" of 132 ft. on the abutting France Ave. property and a depth of 150 ft. in an east -west direction. Access to the property is on a 15 ft. easement over the abutting property to the east The property, exclusive of the easement, contains an overall area of approximately 19,800 sq. ft. Please see the following page, a copy of a z section map showing the subject property outlined in red. The site is rolling and generally above street grade. Soil conditions appear to be adequate for a normal building pro- gram. No settling or cracking in the existing improvements was observed. Municipal sewer and water are available to the property. Electric service is available from Northern States Power Company. Gas is available from the Minneapolis Gas Company and telephone service is available from Northwestern Bell Telephone Company. France Ave. and the easement to the subject property are paved. Zoning ning The subject property is zoned R-1. which permits single family residential development. Highest and Best Use It is our considered opinion that the highest, best and most profitable use of the subject site is for combination with one of the abutting properties to provide parking or building expansion sites. I L 6. - . . ; � r.. 1 1 40 KELLOGG AV 60 ;0 CL --H A RRA!&TA OAKLAWN AVENUE tr PA T BROOKVIEW r. ,-AVE. ARDIriq 4 4 1V -4S A L o JUANITA AVE. 5, a 4T% ;E r�.wa. L• is Ts 75 o ta a; r CL INDIANOLA2 AVE- zs I INDIANOLA 0 AVE. L. q J iP fA 41% rs a Z 3> 54 Al AVENUE Q i's u Q 1:51 LIF0 WOW Zo > AUDITORS SOBDIVISION 0 -c IS GORGAS AVE. m 4, P_ T m rn m —4 1 ;D x NO. I 0 6V -1--- FRANCE AVENUE VILLAGE __OF`_'*EDI_NA "-------STATE - --------HWY. IM _ f2l CITY OF MINNEAPOLIS - :40Z4 &A 17 '-5�-Jr Ii'! Q�q!38 1S M1 si m T T lip 1S N 3 11 IIJ #A T U 1 T I 7, W T T - n- - - Yg1y . 00 it It 1,36 him _` _� - Z-x ___ . .. ... .... L i L 17 711 PIS -4 T 1L .. L-j '--nn wVE I-- ll A4--T 1- 711" v 0 I o o dCJ dJ Nl 0 fs 777 PH; v 0 I o o dCJ dJ Nl 0 fs 777 A. D. STRONG COMPANY THE IMPROVEMENTS U The subject property is currently improved with a single family dwelling, a garage and miscellaneous sheds. The improvements are all old and would not approach the value of the subject site for continued residential use. Therefore, I have not gone into extensive detail relative to the property. I would esti. mate that the cost to remove the improvements might be offset by some salvage value or rental value until such a time as the lanai is needed. 7 'A. D. STRONG COMPANY I TAXES AND ASSESSED VALUATION According to the public records, the assessor's full and true valuation for 1967 is as follows: Land $3,300 Building 700 Total $4,000 i Taxes payable in 1968 are $83.98. a 'A. D. STRONG COMPANY ESTIMATE OF VALUE In order to estimate the value of vacant land, the subject property is normally considered in the light of sales and offerings of land within the neighborhood or in other com- petitive locations. From knowledge of this type of market data, a judgment as to value of the subject property can then be made. The subject property is somewhat unique. It is in an area which would be quite desirable for commercial develop- ment of some type or for surface level parking. It abuts a commercial building on the east and land proposed to be developed with multiple dwelling buildings on the west. It abuts parking lots on the north. I would be of the opinion that any of these abutting property owners would have some use for the subject property if it was offered for sale. The site is "rear" land and currently zoned only for residential use. I would anticipate that because of these two features, the property would have less value than the frontage on the abutting properties. As Exhibit #1 in the addenda of this report I have set out examples of sales and offerings of commercial lands in the general neighborhood. After giving consideration of the factors affecting value, it is my opinion that the fair market value of the property described in this report as of December 17, 1968, is: TWENTY THOUSAND DOLLARS ( 20,000.00) CERTIFICATION I, the undersigned, do hereby certify that to the best of my knowledge and belief the statements contained in this appraisal, and upon which the opinions expressed herein are based, are correct, subject to the limiting conditions herein set forth; also, that this appraisal has been made in conformity with the Rules of Professional Ethics of the Amercian Institute of -Real Estate Appraisers of the National Association of Real Estate Boards. Respectfuy submitted, Russell C. Smith, M; A. I. RCS /cgc A. D. STRONG COMPANY MARKET DATA Exhibit #1 A site at 7512 Lyndale Ave. 5o. in Richfield, a commercial neighborhood somewhat similar to the subject, sold in the summer of 1967. This property was improved with a burned out building at the time of sale and the buyer had the ob- ligation to raze the improvements. The property sold for $16,000 or a rate equal to $1.48 per sq. ft. Land in Southdale generally sells at $2.00 and upwards per sq. ft. One of the more recent sales was from Dayton's to Boutell's in January, 1967. This is a 144,986 sq. ft. tract located at 6725 York Ave. So. It sold for $289,972 or a rate equal to $2.00 per sq. ft. An office site at the northwesterly corner of Highway #100 and Eden Ave. sold in April, 1968 from the receiver for Biltmore Properties, Inc. The property was purchased for $88,750 for an irregular shaped site containing approximately 43,500 sq, ft. or a rate equal to about $2.00 per sq. ft. A small site at 5201 Bloomington Ave. So. in Minneapolis sold from Salock, Ries, et al to Dr. Roger K. Schroeder in October, 1967. This is a 50 ft. x 123.2 ft. site or AT 6,160 sq, ft. It sold for $12,000 or a rate equal to $1.95 per sq. ft. APPRAISAL REPORT 5048 FRANCS AVE. SO, SDINAt MINNESOTA A. D. STRONG COMPANY MINNEAPOLIS, MINNESOTA APPRAISAL DEPARTMENT REAL ESTATE BROKERS SINCE 1919 A. D. STRONG COMPANY . 338 MIDLAND BANK BLDG. • MINNEAPOLIS, MINN. 55401 . PHONE (612) 333 -1323 68 -261 December 19, 1968 Mr. Allan Lund, Attorney Midland Bank Building Minneapolis, Minnesota 55401 In re: Real Estate Value 5048 France Ave. So, Edina., Minnesota Dear Mr. Lund: At your request) I have inspected the real estate at the above address for the purpose of estimating its fair market value. The legal description of this property ig found in the attached report. "Fair Market Value," as estimated in this report, is defined as: The highest price estimated in terms of money which the property will bring if "iosed for sale in the open market by a seller, who is willing but not obliged to sell, allowing a reasonable time to find a buyer, who is will- ing but not obliged to buy, both plarties hav- ing full knowledge of all the uses) to which it is adapted and for which it is Capable of being used. f� Q, FIRM AFFILIATE, SOCIETY OF INDUSTRIAL REALTORS IA. D. STRONG- COMPANY Mr. Allan Lund December 19, 1968 Page 2 AftQr diving careftil, con:;ider;ation to the factors affecting value, it is my opinion that the fair market value of the property described in this report, as of December 17, 19680 is: TWENTY THOUSAND DOLLARS ($20,000.00) The attached appraisal report sets forth some of the methods, procedures, and data considered in arriving at this estimate of value. It is submitted for your inspection. Respectfully submitted, Russell C. Smith, M. A. I. RCS /cgc LAW OFFICES SONNESYN & LUND GERHARD N.SONNESYNI1902-1963) ALLAN R. LUND Edina Village Hall 4801 W. 50th Street Edina, Minnesota 55424 Attention: Mr. Fred Hoisington Village Planner In re: 5048 France Avenue South Dear Mr. Hoisington: TELEPHONE 338-7046 832 MIDLAND BANK BUILDING MINNEAPOLIS 1, MINNESOTA January 16, 1969 I hand you herewith two copies of Purchase Agreement pertaining to the above captioned premises, which have been signed by the owners of the subject premises, Augusta Gaulke, Hedvig Mae Larson and her husband, Rudolph Larson. The purchase price in $19,500-00. The owners have advised me that they have based their offer on the Appraisal Report they have (a copy has been furnished to you) and upon information they have with respect to the current sale of other property to the Village of Edina in the same block. Yours e truly, ARLseb an R. Lund Encl. -___ _ __ —_— - -- —.-- — -- - -- -- — — — - -..- - - - - -_ _ — -- — --. _— — — —_ — -- -,—. —. — — -- — — — - - -- ORIGINAL —White DUPLICATE —Green Form 1517 Earnest Money Contract (Revised 1968) TRIPLICATE — Yellow Miller -Davis Co.. Minneapolis PURCHASE AGREEMENT MiY121eapo l . w .................. Minn.......... J.=M.7C'y. ........................... 19..69... RECEIVED OF..... Village of Edina the sum of ... PAe ... r'h- WASAnd..and..no., 10. 0...-...M..- ... -...-... -...-.. .- ........ - ..A$.1..,.4.0A..00..) DOLLARS ................................................... .............................as earnest money and in part payment for the purchase of property at (Check, Cash or Note - -State which) 5048 France Ave. So..x.. Ed1ri$ ........................................ ............................... ......................situated in the .................... ............................... County of ............. H.®AM P1. 4........................................... State of Minnesota, and legally described as follows, to -wit: See legal description below including all garden bulbs, plants, shrubs and trees, all storm sash, storm 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 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, built -in ovens, cook top stoves and central air conditioning equip- ment, if any, used and located on said premises and including also the following personal property: NONE all of which property the undersigned, ] , 1 can= has this day sold to the buyer for the stun of Ni S. lc3.. 'i.Ye... Hundred...4..xi4 /.. 140...-...-...-.. .- ...- ...- ...(J.9,.50.0...00..) DOLLARS, which the buyer agrees to pay in the following manner: Earnest money herein paid �.1, 00.0...Q.p and $,l8.,50.0...0,4ash, on .February... 15.,.1969., the date of closing. The West 1/2 of the South 1/2 of Lot 49, Auditor's Sub- Division No. 1729 Hennepin County, State of Minnesota. Also together with easement for ingress and egress to said premises, being described as a perpetual easement for driveway purposes over, upon and along the South 15 feet of the East 1/2 of the South 1/2 of Lot 49, Auditor's Sub - Division No. 172, Hennepin County, Minnesota. 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. (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..6.9..... and any unpaid installments of special assessments payable there- with and thereafter. Seller covenants that buildings, if any, are entirely within the boundary lines of the property and agrees to remove all personal property not included therein and all debris from the premises prior to possession date. The seller further agrees to deliver possession not later than.c loS. j„ ng... date ....................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. In the event this property is destroyed or substantially damaged by fire or any other cause before the closing date, this agreement shall become null and void, at the purchaser's option, and all monies paid hereunder shall be refunded to him. The buyer and seller also mutually agree that pro rata adjustments of rents, interest, insurance and city water, and, in the case of income property, current operating expenses, shall be made as of... Closing .... date ............................................. ............................... 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, and neither principal shall be liable for damages hereunder to the other principal. All money there- tofore 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 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. ,e.+w.warcra ► nrks VW.MJL9UN ILMJU& '"!! 2eK13lW9 JMNA The delivery of all papers and monies shall be made at the office of: .......................................................................................... ............................... I, the undersigned, owner of the above land, do hereby approve the above agreement and the sale thereby made. G�...........` ......L.......... . ug ust Gaulk ilkr 4. e oe rdemr; o rson, her usband xt3mxx ......................................................................................... ............................... ......................................................................................... ............................... By................................... ............................... ..........................Agent I hereby agree to purchase the said property for the price and upon the terms above mentioned an subject to all conditions herein express VI r� /� u e- I�e �- B.............. .........................Bu..e; .....................,.. ............................... ;% Y DORSEY, MARQUART, WINDHORST, WEST 8. HALLADAY JAMES E.DORSEY (1889 -1959) JAMES F MEEKER DONALD WEST ARTHUR E.WEISBERG WALDO F.MAROUART DUANE LJOSEPH JOHN W.WINDHORST FREDERICK E, LANGE HENRY HALLADAY JOHN W.JONES JULE M.HANNAFORO JAMES B.VESSEY ARTHUR B.WHITNEY WILLIAM A.WHITLOCK RUSSELL W. UNDOUIST E.J. SCHWARTZBAUER DAVID R.BRINK THOMAS M. BROWN HORACE HITCH CORNELIUS D. MAHONEY VIRGIL H.HILL THOMAS S. ERICKSON ROBERT V.TARBOX MICHAEL E.BRESS DeFOREST SPENCER PAUL G.ZERBY ROBERT J.JOHNSON RAYMOND A. REISTER M.B.HASSELOUIST JOHN J.TAYLOR PETER DORSEY BERNARD G.HEINZEN GEORGE P. FLANNERY JOHN S -HIBBS CURTIS L. ROY ROBERT O.FLOTTEN Village of Edina 'fM West 5fth stet Edina, Minnesota Gentlemen: LAW OFFICES JAMES F MEEKER JOHN J. HELD JOHN D-LEVINE REESE C.JOHNSON ROBERT J.STRUYK JAMES T HALVERSON 2400 FIRST NATIONAL BANK BUILDING MICHAEL A.OLSON CHARLES J. HAUENSTEIN M I N N E A P 0 L I S, M I N N. 5 5 4 0 2 LARRY W. JOHNSON CHARLES A. GEER THOMAS S. HAY JOHN C. ZWAKMAN CURTIS D.FORSLUND JOHN R. WICKS G. LARRY GRIFFITH EUGENE LJOHNSON TELEPHONE: 332 -3351 CRAIG A. BECK ROBERT O. KNUTSON DAVID L.M000SKEY JOHN W WINDHORST,JR. AREA CODE: 61 2 THOMAS O. MOE CABLE ADDRESS:DOROW JAMES H. OHAGAN JOHN M. MASON OF COUNSEL MICHAEL W WRIGHT DAVID E. BRONSON y} T� 1; lor% LARRY LVICKREY HUGH H. BARBER i� 5— LOREN R. KNOTT LELAND W. SCOTT PHILLIP H. MARTIN LEAVITT R BARKER Rae I The West 112 of the South 1/2 of mot Auditor' aI Subdivision Xo. 172, according to the map or put t raof 0141116 or of record A the office : of the Register of Deeds In and for Hennepin County Xinuasota We have eXamined the title to the above desaribe4 premiass as s#o by ,a certain Abstract: of Title certified to James 22, 1969 Iat 700 a.rla. by Title 1asurance C*qpw of 91mesota. Used upon sum eumleaation we Are of the opinion that as of teary 22, 1969 at TOO a.m,., tbo See title to said yromises was vested In AUMTA 0AV= Aad 0=10 MA SCRs a and clear of all liens, (charges and encudboances, except as follows: 1. A storm serer e4aembat dated Feobrutary 1% 19471 filed February 21, 194T and recorded, in Sook 189 ,of Deeds) Me 345x in the office of Us Register of Deeds,* Hennepin County, Mmmacota. Said storm never easem at granted to the V$118,p of FAins a perpoUal, essomnt of the necessary width end depth, for the constructions installation, operation, maintexance sind "pair of storm surer inoover, Under and Upon the South 10 feet of the subject premfs*$. 2. By a Warranty Deed dated 84pt er l> 1923o filed pteealber 6s l9e3 and recorded is Book 999 of peens � ID&SO 640 in tbe otfioe of the Register of Deeds, Hennepin Countyo Minnesota., Yrank C. wink ey aud Worn X. Wfak1a y, husband and wife conveyed to Alberta Deaver the property deseriW as follows t That pert of the Xoxtheast ' of they South+e"t 1 of Section 18, Township 28, Race 24, described as follows Comronoing at ,a point on the Xast line of said Seotion* 40 rods North of the Southeast corner of the Northeast 1/4 of the Southeast 1/4 of said Section 18 and runes thence Northerly along said gust: lines 16 rods l thence at ri&t angles Westerly 20 rods; theace Southerly at right angles 16 coda l thenoe Easterly at rat angles 20 rods; mare or less,, to he,ginni.og DORSEY, MARQUART, WINDHORST, WEST & HALLADAY Oamwrr U# 190 The ab+ 4lpt v aO ussd 44 0044"ftt 60440 00 t U Cbr 'o . `Jut *e mad *Wet^ * �, boad w ite # rl c ' y*4. to lc, . Srju ; a War�'� d dated J�rly :.3.930N , � �" 3# 193 # aud rooarded Book 'o pap U the office of tbo Uldtm of Deed, Havoopin CoanV* Must,, the proportyl deurribod an a 3 Lot 4,9* Audltor*S Subdivialm So. 172 34, 4 warraztr Dodd r 70 1948, Mod MW 10y 319W a moodsd a Uok. 1640 or Doe& 6-4 + , # Hra d P"d mil; wife OwAburr eommyed to Uw A «Wfmn*M pmprty d cr' d &4MlAvtl The t1/2of 'the th V2 iot 14t 490 Autitorts subdiylaiml - 1721, 94014 CftutYs XU=iS* . in s4JA Wsxr=U Deed V* p4ators res*rod o l" tbeIr U a porvwtual easemat for drivel PUP0440 over* upm wo along tm ft 1 " of the p cdavoYod U the atmosaid WAS AY Dsd. wt #0 no not tau . Taxes in IW *vA all prig paid. T le in 19690 in the mat of 493.26, &" r ld. DORSEY, MAROUART, WINDHORST, WEST 8, HALLADAY VilUp. of U ` ftr $0 ' * 1 TUIs 044 "oords refund is* t3wroiso AU mattors not so 4% Vo *wM Irr lob 40JAUA 444 Uou" (a ) arms of 4by p4A s sollsk" # { albultr ot lilwo for J pro"&* or somploud 04 o I"t "� . vottrtotl"s 3 4) qea 141 0) Omura wbu& so ram �I�► of 00 uAder ViaVtor 336o most not sipparlao lu tW Abstmat of 'SOU H' r -�irLJ Ffr�'k Hy AY? STATE OF Mm's OTC, ) COUNTY OF I EIV. PJN so AUNT MULKEf formerly Augusta: Moe, and HWVIG MOE LA ON, being duly sworn depose and say, that they are the fee Owners of the property described as follows The West 1/2 of the South 1/2 of Lot `49 ;A" tor's Subdivision ,No. 17`2, according to the map or plat thereof an file or of reCO.'Od in the office of the Register of Deeds in and for Hennepin County, Minnesota. That for at least the last fifteen (15) years .Augusta Oaulke, and/or Hedvig Moe Larsen have been in Possession of the above described Property; That such possession has been hcstIlep open, actual, contiauatxs, exclusive and under color of title; That they have paid the taxes can the above descri Tlija AGREM14TO by and between the VILLAGE OF BDIX41. 4 M=icipal corporation, under the 3AVS Of the state or bannesota, party of the first part, and AUGUSTA GAUIn, (formerly AUVst 900) and HEDVIG WE L"80N, and husband and wife, parties Of the Second Part; Wrr=SSETH THAT, WHOM 0 said parties of the second part are the owners of the property described 46 f01)-QW6: The North Half of the 'West Half of Lot 49, Auditor's Subdivision No. 172, according to the may Or Plat thereof on file or of record in tht Office O the Register of Deeds,p Hennepin County, Minnesota, and wMLAS . The parties Of the second Part have agreed to Sell, and the 'Village of Edina has agreed to buY the property described above; and wHERm , it appears that a gap exists along the West line of the property described above; and WHEREAS, it appears that in order for the parties of the second part to convey a marketable title to the Village of Edina it will be necessary to register the title to the 'property described abovep and WHEREM 0 the parties hereto have agreed to a Closing; NOW1. THMMORE) for and in consideration Of the -roregoing and of the agreement herein COntain0d, the parties agree as follows: 1. Said parties of the second Part agree to cooperate with the Village of Edina in registering the title to the above described property in the Village Of Edina and agree to testify., supply information and perform any .eta, with said, rAgist.rat ' Tin ILI reasonable acts inponnecti ;Y IN WITNMS WHEREOF, the ties have caused this MIA to be daly executed this_, 7_day of February', 1969- in Presence of** aue VILLAGE OF EDUa, STATE OF MINNESOTA ss COUNTY OF August; uttalke son On this, -! day of February, 1969, before me a Notary Public, j tp n County, i i and for 5a�d C ty, personally appeared tj and to me personally know, iqho, being each by me duly sworn, did say that they are respectively the and b)LLL&,,, of the corporation named in the Oforegoing instrument; that seal afffxed to said instrument is the corporate seal of said tu�inicipal corporation by authority of its VILLAGE COUNCIL; and said&-4�kt-e-, 64-�� 4-1- and- acknowledged said instrument to be the free(lact and deed of said municipal corporation. STATE OF MIA RESOTA ss COUNTY OF On this -' 7 day of February, 1969, before me, a Notary Public, cou L within and for said Coui)ty, personally appeared AUGUSTA GAULKE, 1WDVIG MOE LARSON and- I _,to me"..known to be the persons described in, and who executed the foregoing instru. n , and ac ovledged that they executed the same as their free act and deed. 11 February 26, I969 Mr. Philip V. Boelter Dorae.►y, Maropu trt, Windharst, twat & Halliday 2/400 Virst national Bank Bldg. Minneapolis, Minn. 55442 Dear Mr. Svelter: Enclosed is the executed agreement relative to the Gaulke property. I send you this as you requested, Ywirg very truly, Village Glerh fbh enclosure DORSEY, MARQUART, WINDHORST, WEST & HALLADAY JAMES E.DORSEY 6889 -1959) DONALD WEST DUANE E. JOSEPH LAW OFFICES MICHAEL A_OLSON CHARLES A. GEER WALDO R MAROUART FREDERICK E.LANGE LARRY W. JOHNSON JOHN C.ZWAKMAN JOHN W. WINDHORST JAMES 8_VESSEY 2400 F I R S T NATIONAL B A N K BUILDING THOMAS 5. HAY JOHN R.WICKS HENRY HALLADAY WILLIAM A.WHITLOCK CURTIS D.FORSLUND EUGENE L.JOHNSON JULE M. HANNAFORD E. J. SCHWARTZBAUER MINNEAPOLIS, M I NNE 5 O TA 8 6 4 0 2 G. LARRY GRIFFITH ROBERT O. KNUTSON ARTHUR B.WHITNEY THOMAS M. BROWN CRAIG A. BECK JOHN W. WINDHORST, JR. RUSSELL W.LINDOUIST CORNELIUS D. MAHONEY DAVID L. McCUSKEY MICHAEL PRICHARD DAVID R -BRINK THOMAS S. ERICKSON THOMAS O. HOE RICHARD G.SWANSON HORACE HITCH MICHAEL E. BRESS TELEPHONE; 3 3 3 - 2 1 51 JAMES H. O'HAGAN RICHARD W. DuFOUR, JR. VIRGIL H. HILL PAUL G.ZERBY JOHN M. MASON FAITH L.OHMAN ROBERT V. TARBOX RAYMOND A_REISTER AREA CODE' 612 MICHAEL W- WRIGHT DAVID A. RANHEIM DEFOREST SPENCER JOHN J.TAYLOR CABLE ADDRESS: DOROW LARRY L.VICKREY ROBERT J. SILVERMAN ROBERT J. JOHNSON BERNARD G.HEINZEN LOREN R.KNOTT M. S. HASSELOUIST WILLIAM J. HEMPEL PHILLIP H. MARTIN OF COUNSEL PETER DORSEY JOHN S. HIBBS February 18 1969 JOHN J. HELD,JR. DAVID E. BRONSON GEORGE P.FLANNERY ROBERT O. FLOTTEN , REESE C JOHNSON HUGH H.BARBER CURTIS L.ROY JOHN D. LEVINE JAMES T. HALVERSON LELAND W. SCOTT ARTHUR E.WEISBERG ROBERT J. STRUYK CHARLES J.HAUENSTEIN LEAVITT R. BARKER Mr. Fred Hoisington Village of Edina 4801 West 50th Street Edina, Minnesota Dear Fred: Re: The West 1/2 of the South 1/2 of Lot 49, Auditor's Subdivision No. 172. Enclosed herein please find the following: 1. A xerox copy of the Warranty Deed conveying the captioned premises to the Village of Edina. 2. The original and one copy of the title opinion rendered by our office covering the captioned premises. 3. An Affidavit of Adverse Possession executed by the fee owners of the captioned premises. 4. The original and one carbon copy of the Agreement to cooperate. Please have the appropriate officials execute the original of the Agreement to cooperate, have it acknowledged before a Notary Public and affix the corporate seal. The fully executed copy should be returned to the undersigned. The carbon copy is for your files. The enclosed Warranty Deed should be forwarded to the City Assessor for the purpose of abating the real estate taxes payable in 1969 and exempting the real estate taxes payable in subsequent years. The other day in our telephone conversation I indicated that the date of closing for the Fleischbein property was Friday, January 7, 1969. This was in error. The date of closing for the Fleischbein property was Wednesday, February 5, 1969. Very truly yours, �1 Philip Ir. Boelter PFB/kl Enclosures DORSEY, MARQUART, WINDHORST, WEST 8, HALLADAY JAMES E- DORSEY (1889 -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.HANNAFORD E. J. SCHWARTZBAUER ARTHUR B.WHITNEY THOMAS M. BROWN RUSSELL W.LINDOUIST CORNELIUS D_ MA14ONEY DAVID R. BRINK THOMAS S. ERICKSON HORACE HITCH MICHAEL E.BRESS VIRGIL H.HILL PAUL G -ZERBY 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 S. HIBBS GEORGE P.FLANNERY ROBERT O. FLOTTEN CURTIS L.ROY JOHN D. LEVINE ARTHUR E.WEISBERG ROBERT J- STRUYK Village of Edina. 4801 West 50th Street Edina, Minnesota Gentlemen: LAW OFFICES 2400 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 TELEPHONE: 333 -2151 AREA CODE: 612 CABLE ADDRESS: DOROW January 31, 1969 MICHAEL A.OLSON CHARLES A -GEER LARRY W. JOHNSON JOHN C- ZWAKMAN THOMAS 5. HAY JOHN R.WICKS CURTIS D.FORSLUND EUGENE L.JOHNSON G- LARRY GRIFFITH ROBERT 0. 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 Re: The West 1/2 of the South 1/2 of Lot 49, Auditor's Subdivision No. 172, according to the map or plat thereof on file or of record in the office of the Register of Deeds in and for Hennepin County, Minnesota. We have examined the title to the above described premises as shown by a certain Abstract of Title certified to January 22, 1969 at 7:00 a.m. by Title Insurance Company of Minnesota. Based upon such examination we are of the opinion that as of January 22, 1969 at 7 :00 a.m., the fee title to said premises was vested in AUGUSTA GAULKE and HEDVIG MOE LARSON, free and clear of all liens, charges and encumbrances, except as follows: 1. A storm sewer easement dated February 15, 1947, filed February 21, 1947 and recorded in Book 1693 of Deeds, page 345, in the office of the Register of Deeds, Hennepin County, Minnesota. Said storm sewer easement granted to the Village of Edina a perpetual easement of the necessary width and depth for the construction, installation, operation, maintenance and repair of storm sewer in,over, under and upon the South 10 feet of the subject premises. 2. By a Warranty Deed dated September 1, 1923, filed September 6, 1923 and recorded in Book 999 of Deeds, page 640 in the office of the Register of Deeds, Hennepin County, Minnesota, Frank C. Winkley and Nora M. Winkley, husband and wife conveyed to Alberta Deaver the property described as follows: That part of the Northeast 1/4 of the Southeast 1/4 of Section 18, Township 28, Range 24, described as follows: Commencing at a point on the East line of said Section, 40 rods North of the Southeast corner of the Northeast 1/4 of the Southeast 1/4 of said Section 18 and running thence Northerly along said East line, 16 rods; thence at right angles Westerly 20 rods; thence Southerly at right angles 16 rods; thence Easterly at right angles 20 rods; more or less, to beginning. DORSEY, MAROUART, WINDHORST, WEST & HALLADAY Village of Edina Page Two January 31, 1969 The above description was also used in subsequent deeds conveying the title to Christ Moe. Christ Moe and Augusta Moe, husband and, wife, however, conveyed to Eric Bryan in a Warranty Deed dated January 3, 1930, filed January 3, 1930 and recorded in Book 1080 of Deeds, page 495 in the office of the Register of Deeds, Hennepin County, Minnesota, the property described as follows: Lot 49, Auditor's Subdivision No. 172 According to the plat of Auditor's Subdivision No. 172 the Westerly boundary of Lot 49 thereof and the csterly line of the property described in the first aforesaid Warranty Deed are not identical. The West line of said Lot 49 is slightly further IT.2St than the West line of the property described in the first aforesaid 'Ja-r.•ranty Deed. Therefore, a gap was created along the West line of the subject premises. The Abstract of Title does not appear to contain all the in; >truments affecting said gap. We, therefore, require that the Abstract of Title to the subject premises be corrected to cover any and all instruments affecting the subject premises. We further require either that Quit Claim Deeds be obtained from the present owners of the gap property or that the title to the subject premises be registered, if upon examination of the corrected. Abstract said gap is found to still exist. 3. By a �Tarranty Deed dated May 7, 1948, filed May 10, 1943 and recorded in Book 1640 of Deeds, page 64 in the office of the Register of Deeds, Hennepin County, Minnesota, Augusta. Gaulke, formerly August Moe, and Fred Gaulke, wife and husband, conveyed to Elwin A. Hoffman the property described as follows: The East 1/2 of the South 1/2 of Lot 49, Auditor's Subdivision, No. 172, Hennepin County, Minnesota. In said Warranty Deed the grantors reserved onto themselves, their heirs or assigns, a perpetual easement for driveway purposes over, upon and along the South 15 feet of the premises conveyed in the aforesaid Warranty Deed. We do not list this as an objection to title, but merely for informational purposes. 4. The Abstract of Title only searches the name of Mrs. Gaulke between June 6, 1965 and January 22, 1969 at 7:00 a.m. The Abstract of Title also only searches the name of Augusta. Gaulke from August 13, 1962 to January 22, 1969 at 7:00 a.m. An oral check with the Title Insurance Company of Minnesota, however, indicates that there are no judgments, tax liens, or bankruptcies against said individuals that would constitute a lien on the subject premises. 5. Taxes payable in 1968 and all prior years are paid. Taxes payable in 1969, in the amount of $193.26, are unpaid. r DORSEY, MARQUART, WINDHORST, WEST a HALLADAY Village of Edina Page Three January 31, 1969 This opinion is limited to the matters shown by said Abstract of Title and records referred to therein. All matters not so shown are excepted from this opinion and include (a) rights of any parties in possession, (b) possibility of liens for improvements in process cr completed on the premises within the last ninety (90) days, (c) general zoning and building laws and restrictions, (d) special assessments, (e) matters which an accurate survey of the premises would disclose, and (f) security interests in crops or fixtures under Chapter 336, Minnestoa Statutes, not appearing in the Abstract of Title. PFB/rs Very truly yours, DORSEY, MARQUART, WINDHORST, WEST & HALLADAY By Philip F. S�Izz� Boelter