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HomeMy WebLinkAbout1445Doc. No............. WARRANTY DEED Individual to Corporation � .k ..'.3.... c...C. ? ..............:....... TO .......... Office of Register of Deeds, *tate of Minnesota, Countyof ................................ ...............::.:............ I hereby certify that the within Deed was Zed in this of/ice for record on the dayf .......... D. ............................, 19. G- - -.. at ......,o�...... o cloak ..::..................�JI�., HE NFp -_ � � AF B- �......... _.. _... 2? Ala a �:.. '4' ................ ..........................V-er ............................. R of Deeds Taxes for the year 19......, on the lands described within, paid this . ............................... dayof .............................. ............................... 19............ ................ ............................... ............. ............................... County Treasurer By...................................... ............................... Deputy Taxes paid and Transfer entered this ... ...............day of ................................................. ..., 19 ........................................................ ............................... County .4uditor By....... ..... ................. Deputy By Recording Fee $2.00 TAXES PAID AND TRAN�fER ENI DEC 31 1968 :GEORGE B. HICKEY, ALA1I,D) ; HENNEPM COUNTY, MINN. So MhTih w ammom PAWgWY AM PAUL UNWR lAL RECEIPT Q0644rY TRcAs. - o P o G o :rn n: x o : i :co � IF ro m i O i O C6 Ca CO K �.. � o r : n "a r 4D r. '•c� p C, ce , .O d o v RR K o C' r: Ca A co aD . :-4 OF = n c,. W, P _ Z3 N :�CN M its A (O in A ce f ^' F'• ` Fb N Warranty / y I/_S Form No. 3-M. Individual is Cbrffation. 3'755909 t� rtber�ture, Made this ..................3 ..........................day of. between ...............Eugen e...'..:... Hey,. e. X. e.... UArm.rly ...Rugeala.. ,P ..... Leb! and wife Miller -Davis Co., Minneapolis, Minn. Minnesota Uniform Conveyancing Blanks (1931). December ...................., 19..x$...., .......... ............................... :doff) .. ..and...John..Heleve,...husband of the County of ....... Hennepin ........... ............................and State of ........... Minnesota......................... .............................., Village of Edina part..ies. of the first part, and ................................................................................................................................................. ............................... .................................................................................................................................................................... ..............................I ......m�cz�ri .e.i.p� .................... .Minnesota a tiorporation under the laws of the State of ...................................................... ............................... party of the second part, WitnC000b, That the said partieZ... of the first part, in consideration of the sum of One Dollar and Other Good Valuable Considerations - - - - - - - - - - - .........................� to ............... them in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, do............ hereby Grant, Bargain, Sell, and Convey unto the said party of the second part, its successors and assigns, Forever, all the tract...... or parcel...... of land lying and being in the County Of ............................ ttemzlepIm ................................ and State of Minnesota, described as follows, to -wit: Lot 41, except that part thereof lying East of the West 145 feet thereof, and the South 2 feet of Lot 42 and the South 2 feet of the West 65 feet of Lot 43, Auditor's Subdivision Number 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. Subject to easements, reservations and restrictions of record, if any. Rio Jbabe allb to 3bolb tlje OaMt, Together with all the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, to the said party of the second part, its successors and assigns, Forever. Ind the said... �?.gen 4...P. Heleve and John Heleve .............................................................. ............................... ................................................................................................................................................................................ ............................... __ ..... ... ......... I ...... I .............. part..ies. of the frst part, for ............. themselves. ...... their ........... heirs, executors and administrators, do............ covenant with the said party of the second part, its successors and assigns, that ....... they,,. are ............................. well seized in fee of the lands and premises aforesaid, and ha.Ye� ..... good right to sell and convey the same in manner and form aforesaid, and that the same are free from all incuznbrances, except as above. .gnd 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 assigns, against all persons lawfully claiming or to claim the whole or any part thereof, subject to incumbrances, if any, hereinbefore mentioned, the said partle.s.. of the first part will Warrant and Defend. N Tatimonp Eljereof, The said part.ie.s.. of the first part ha.ve..... hereunto set .............tbeir.. hand$... the day and year first above written. 1:2 Y PURCHASE AGREEMENT , Minnesota 1969 Received of ROBERT FRINKMAN, the sum of Three Thousand One Hundred ($3,100) Dollars as full payment for the purchase of a house to be moved from 5027 Halifax Avenue South, Edina, Minnesota. As a condition of the sale, the purchaser agrees to have all utilities disconnected, to have the house moved from its present site no later than June 1, 1969, and to properly fence the area for maximum safety. The purchaser agrees also to meet all of the requirements of Village Ordinance No. 52A, an Ordinance regulating the moving of buildings, and the seller agrees to waive the permit fee as required by said Ordinance No. 52A. I, the undersigned, owner of the above land, do hereby approve of the sale described above. i y STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) SS. VILLAGE OF EDINA ) SELLER - VILLAGE OF /1INA arren C. Hyde, Village Manager On this �1 day of 1969, before me, a Notary Public within and for said County, personally appeared WARREN C. HYDE, to me known to be the person described in and who executed the foregoing instrument and adknowledged that he executed the same as his free act and deed. (Notarial Seal) FLO RFN ^F H. HALLBERQ Notary Public, Hennepin County, 1AW. I hereby agree to purchase said structure ff`e 'nV'j5TitW'ttb'6va #T=ed and upon the terms above stated. BUYER 7. r r y i obert Frinkman STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) SS. VILLAGE OF EDINA ) On this % Z day of i1ta e , 1969, before me, a Notary Public within and for said County, personally appeared ROBERT FRINKMAN, to me known to be the person described in and who executed the foregoing instrument and acknowledged that he executed the same as his free act and deed. (Notarial Seal) O 9. HALLBERG (Aar), Public, Hennapin ^oi!nty. Minn. It') ; Omwission Expires Dee. 31, 1971 -2- DORSEY, MAROUART, WINDHORST, WEST & HALLADAY JAMES E' DORSEY (1089-1959) 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. LINDQUIST CORNELIUS D- MAHONEY DAVID R_BRINK THOMAS S. ERICKSON HORACE HITCH MICHAEL E. SPESS VIRGIL H.HILL PAUL G.ZERBY ROBERT V_TARBOX RAYMOND A. REISTER DcFOREST 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 0- FLOTTEN CURTIS L.ROY JOHN D. LEVINE ARTHUR E.WEISBERG ROBERT J. STRUYK LAW OFFICES 2400 FIRST NATIONAL BANK BUILDING: MINNEAPOLIS, MINNESOTA $3402 Mr. Warren Hyde Village Manager Village of Edina 4801 West 50th Street Edina, Minnesota Dear Warren: TELEPHONE: 333 -2151 AREA C0DE: 612 CABLE ADDRESS: DOROW December 30, 1968 Re: Heleve Property 5027 Halifax Avenue MICHAEL A. OLSON LARRY W. JOHNSON THOMAS S. MAY CURTIS D_FORSLUND G -LARRY GRIFFITH CRAIG A. BECK DAVID L.M000SKEY THOMAS O. MOE JAMES H. O'HAGAN JOHN M. MASON MICHAEL W. WRIGHT LARRY L.VICKREY LOREN R. KNOTT PHILLIP H. MARTIN JOHN J. HELD. JR. REESE C.JOHNSON JAMES T. HALVERSON CHARLES J. HAUENSTEIN CHARLES A.GEER JOHN C.ZWAKMAN JOHN R.WICKS EUGENE L.JOHNSON ROBERT O. KNUTSON JOHN W.WINDHORST,JR_ MICHAEL PRICHARD RICHARD G.SWANSON RICHARD W. DuFOUR, JR. FAITH L.OHMAN DAVID A.RANHEIM ROBERT J. SILVERMAN OF COUNSEL DAVID E. BRONSON HUGH M- BARBER LELAND W. SCOTT LEAVITT R- BARKER We closed the acquisition of the Heleve property on December 30. The deeds are now being recorded. I will forward them to the Village once recorded. Enclosed is the Abstract of Title to the property. Also enclosed is a letter from Mrs. Heleve wherein she agrees to vacate . not later than May 1, to pay utilities, maintain insurance, and to keep the property in as good repair as it is now in. If you have any questions on this acquisition, please advise. Very truly yours, q0m S. Erickson TSE : c c Encl. Certified - Return Receipt Requested December 30, 1968 Village of Edina Village Hall Edina, Minnesota Dear Sirs: In accordance with the terms of the purchase agreement dated December 3, 1968, I am to retain possession of the premises at 5027 Halifax Avenue, Edina, Minnesota, until May 1, 1969 unless I desire to vacate the premises before that date. I have no obligation to pay rent to the village during the period of my occupancy. I agree, however, that I will maintain my present liability and casualty insurance on the property and that I will name the village as an insured as its interests may appear. Further, I will pay all utility bills due and owing up to and including the date that I vacate the property. Further, I will keep the premises in as good a state of repair and condition as they are now in. I will vacate the premises no later than May 1, 1969, and all of my personal property not removed by that date shall be and become the property of the village of Edina to dispose of as the village sees fit. I will also hold the village harmless from any and all claims for damages due to injuries to persons or property occuring on or about the premises during the period of time that I am in possession. Yours very truly, Eugenia P. Heleve DORSEY, MAROUART, 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. MAHONEY 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 LAW OFFICES 2400 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 Mr. Warren Hyde Village of Edina 4801 West 50th Street Edina, Minnesota Dear Warren: TELEPHONE: 333 -2151 AREA CODE: 612 CABLE ADDRESS: DOROW December 23, 1968 Re: Heleve Property 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. O'HAGAN JOHN M. MASON MICHAEL W WRIGHT LARRY LVICKREY LOREN R.KNOTT PHILLIP H. MARTIN JOHN J. HELD, JR. REESE C.JOHNSON JAMES T HALVERSON CHARLES J. HAUENSTEIN CHARLES A.GEER JOHN C.ZWAKMAN JOHN R.WICKS EUGENE L.JOHNSON ROBERT O. KNUTSON JOHN W. WINDHORST, JR_ MICHAEL PRICHARD RICHARD G.SWANSON RICHARD W. OuFOUR,JR. FAITH L.OHMAN DAVID A.RANHEIM ROBERT J. SILVERMAN OF COUNSEL DAVID E. BRONSON HUGH H_BARBER LELAND W.SCOTT LEAVITT R. BARKER I enclose herewith our title opinion on the property you are acquiring at Halifax just south of 50th, from the Helevels. We have also sent a copy of this opinion to the attorney for the sellers to make known our objections to title. I presume that we can close this matter on December 31. As to the title objections, I trust that the restriction on using the property for residential purposes will not be a problem for you. As to the question of whether or not there are any overlaps or gaps, I have checked orally with the 'Village Engineering Department and if there is a gap or overlap, it would appear to be along the South edge of the two feet strips, and would appear to be very small in area. Of course, any gap, no matter how small, can, at times, be serious. If this will be a problem, then I would suggest we obtain a survey and provide for a holdback of funds at closing and an agreement by the sellers to undertake curing of the property. As soon as I have talked with the attorney for the sellers regarding the time and place for closing, I will be in touch with you. In addition to a Warranty Deed, I have also requested a letter agree- ment between the parties whereby the sellers agree to maintain casualty and liability insurance on the property, pay for utilities, maintain the premises in at least as good condition as they are now in, and vacate the premises by not later than May 1, 1969. TSE:cc Encl. If you have any questions, please advise. Very truly yours, lomas S. Erickson DORSEY, MARQUART, W(NDHORST, WEST 8, HALLADAY JAMES E.DORSEY (1889 -1959) DONALD WEST DUANE E.JOSEPH WALDO R MARQUART FREDERICK E. LANGE JOHN W.WINDHORST JAMES B.VESSEY HENRY HALLADAY WILLIAM A. WHITLOCK JULE M. HANNAFORD E. J. SCHWARTZSAUER ARTHUR B.WHITNEY THOMAS M. BROWN RUSSELL W- LINDOUIST CORNELIUS D- MAHONEY DAVID R.BRINK THOMAS S. ERICKSON HORACE HITCH MICHAEL E. BRESS VIRGIL H. HILL PAUL G. ZERSY ROBERT V. TARBOX RAYMOND A.REISTER D[FOREST SPENCER JOHN J.TAYLOR ROBERTJ.JOHNSON BERNARD G.HEINZEN M. 8- HASSELOUIST WILLIAM J. HEMPEL PETER DORSEY JOHN S. HIBBS GEORGE P.FLANNERY ROBERT O. FLOTTEN CURTIS L.ROY JOHN O. LEVINE ARTHUR E.WE158ERG ROBERT J. STRUYK LAW OFFICES 2400 FIRST NATIONAL. BANK BUILDING MINNEAPOLIS, MINNESOTA 5 8 4 0 2 Village of Edina 48011 West 50th Street Edina, Minnesota Gentlemen: TELEPHONE: 333 -2151 AREA CODE: 612 CABLE ADDRESS: DOROW December 23, 1968 Re: Lot 41,except that part thereof lying East of the West 145 feet thereof, and the South 2 feet of Lot 42 and the South 2 feet of the West 65 feet of Lot 43, Auditor's Subdivision Number .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. MICHAEL A. OLSON LARRY W. JOHNSON THOMAS S. HAY CURTIS 0- FORSLUND G. LARRY GRIFFITH CRAIG A. BECK DAVID L. McCUSKEY THOMAS O. MOE JAMES H- O'1/AGAN JOHN M.MASON MICHAEL W. WRIGHT LARRY L.VICKREY LOREN R. KNOTT PHILLIP H. MARTIN JOHN J. HELD, JR REESE C.JOHNSON JAMES T. HALVERSON CHARLES J. HAUENSTEIN CHARLES A. GEER JOHN C.ZWAKMAN JOHN R. WICKS EUGENE L.JOHNSON ROBERT O. KNUTSON JOHN W. WINDHORST, JR. MICHAEL PRCCHARD RICHARD G. SWANSON RICHARD W- DuFOUR,JR. FAITH L.OHMAN DAVID A. RANHEIM ROBERT J_ SILVERMAN OF COUNSEL DAVID E.BRONSON HUGH H. BARBER LELAND W. SCOTT LEAVITT R. BARKER We have examined the title to the above described premises as shown by an Abstract of Title certified to December 16, 1968, at 7:00 a.m. by North Star Abstract & Title Guaranty, Inc. Based upon such examination, we are of the opinion that as of December 16, 1968, at 7:00 a.m., the fee title to said premises was vested in EUGENIA P. HELEVE (formerly Eugenia P. Lebedoff; JOHN HELEVE, husband), free and clear of all liens, charges and encumbrances, except as follows: 1. Two mortgages both in favor of Lizabeth E. Griswold and Frank W. Griswold, one dated October 9, 1956 and filed November 2, 1956, in Book 2973 of Mortgages, Page 618, to secure the original principal sum of $6,000.00, and the other dated January 10, 1955, and filed November 2, 1956 in Book 2973 of Mortgages, Page 620, to secure the original principal sum of $4,400.00. We require that both of said mort- gages be satisfied of record. 2. The West 30 feet of said premises is subject to an easement for road purposes in favor of the Village of Edina, as evidenced by a Quit Claim Deed dated May 31, 1922, and filed November 13, 1922 in Book 993 of Deeds, Page 384, and a Warranty Deed dated September 1, 1926 and filed December 21, 1926, in Book 1110 of Deeds, Page 61. DORSEY, MAROUART, WINDHORST, WEST & HALLADAY Village of Edina -2 December 23, 1968 3. Subject to building restrictions as contained in that certain document dated December 15, 1939 and filed December 18, 1939 in Book 51 of Contracts, Page 66 as follows "That all of the West 65 feet of said Lot 43' , except the North 125 feet thereof, and all of said Lot 42, except the North 100 feet thereof, both of said Lots being in said Auditor's Subdivision.-No, 172, shall together, be considered, treated and deemed as one combined parcel of ground, and shall not be sold, leased, mortgaged, encumbered or in anywise conveyed except as a whole, or in one or more lots having a frontage of not less than 50 feet on Halifax Avenue, and that when any lot, part, or portion of said combined tract shall be improved, it shall be by the construction of a one - family or two - family residence building fronting or facing on said Halifax Avenue, and no other buildings or structures shall be placed or erected upon such combined tract, except garages appurtenant to such residence structures ". 4. Because of the various means of describing adjoining prop- erties in said Auditor's Subdivision No. 172, we are unable to determine, without a survey, if there are any overlaps or gaps between the properties above described or between the properties above described and properties adjoining the same. 5. Taxes due and payable in 1967 and prior years are paid. Taxes due and payable in 1968 are paid on a portion of said property and only one -half paid on another portion of said property, with the second half of such portion now being due and payable with penalty. This opinion is limited to the matters shown by said Abstract of Title and the documents 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 or completed on the premises within the last ninety (90) days, (c) general zoning and building laws and restrictions, .. TSE:cc DORSEY, MAROUART, WINDHORST, WEST a HALLADAY (d) special assessments, (e) natters 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. Very truly yours, DORSEY,MARQUART,WINDHORST,WEST & HALLADAY By �Ericks ' o DORSEY, MARQUART, WINDHORST, WEST Sc HALLADAY JAMES E.DORSEY (I889 -1959) JAMES F. MEEKER DONALD WEST ARTHUR E.WEISSERG WALDO F.MAROUART DUANE E.JOSEPH JOHN W.WINDHORST FREDERICK E. LANGE HENRY HALLADAY JOHN W. JONES JULE M.HANNAFORD JAMES B.VESSEY ARTHUR B.WHITNEY WILLIAM A.WHITLOCK RUSSELL W. LINDQUIST E.J.SCHWARTZSAUER DAVID R. BRINK THOMAS M. BROWN HORACE HITCH CORNELIUS D.MAHONEY VIRGIL H.HILL THOMAS S. ERICKSON ROBERT V. TARBOX MICHAEL E.SRESS DEFOREST SPENCER PAUL G.ZERBY ROBERT JJOHNSON RAYMOND A. REISTER M.B- HASSELOUIST JOHN J.TAYLOR PETER DORSEY BERNARD G- HEINZEN GEORGE P. FLANNERY JOHN S.HISBS CURTIS LL ROY ROBERT O.FLOTTEN Village of Edina 4801 West 50th Street Sdina, munesota, Gentlemen LAW OFFICES JAMES F. MEEKER JOHN J. HELD JOHN D- LEVINE REESE CJOHNSON ROBERT J- STRUYK JAMES T. HALVERSON 2400 FIRST NATIONAL BANK BUILDING MICHAEL A. OLSON CHARLES J. HAUENSTEIN M I N N E A P O 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 O.FORSLUND JOHN R.WICKS G. LARRY GRIFFITH EUGENE LJOHNSON TE LE P H O N E: 3 32 -33 51 CRAIG A. BECK ROBERT O. KNUTSON DAVID L McCUSKEY JOHN W. WINDHORST, JR. AREA CODE: 612 THOMAS O.MOE CABLE ADDRESS: DOROW JAMES H. dHAGAN JOHN M.MASON OF COUNSEL MICHAEL W WRIGHT DAVID E. BRONSON LARRY L.VICKREY HUGH H. BARBER December 23 9 968 LOREN R. KNOTT LELAND W. SCOTT 1TJ4Y W i !i. , .i MARTIN PHILLIP H. MARTIN LEAVITT R. BARKER Res Lot 41,except that part thereof lying East of the West 145 feet thereof, and the South 2 feet of Lot 42 and the South 2 feet of the West 65 feet of Lot 43, Auditor's Subdivision Numb er..272:, aQc ;6rding to the map or plat thesvof on file air 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 promises as shown by, an Abstract of Title certified to December 16, 1968, at 7 *.00 a.m. by North Star Abstract & Title Guaranty, Inc. based upon such aexaaminartion we are of the opiuion that as of December 16, 1968, at TOO a.m., the fee title to said promises w a8 vested in EUOUTA P. HELM ( formerly Eugenia, P. Lebiedoff JOHN H=M, busband), free and clear of all lions, charges and encumbrances, except as follows s 1. Two mortgages both in favor of Li sabet'h Z. G riev old and Frank W. Griswold., out mated October'9, 1956 and filed, `$ovevber 2, 1956, in Book 29 ?3 of Mortgages, Page 616, to secure the original principal sum of $6,000.00, and the other dated January 10, 1955, and filed November 2, 1956 in Rook 2,913 of Mortgages, Page 620, to secure the original principal sum of ,400.00. We require that bath of said *art -, gages be satisfied of record. 2. The West 30 feet of said ;promisees is subject to an easement for read pw:pos es is favor of the Village of Edina, as evidenced by a Quit Claim Deed dated May 31, 1922, and filed November 13, 1922 in Book 9931 of Da ed&, rage 384, and a Warranty Deed dated Septembor,,,l, 1926 and filed December 210 1926, in Rook 1130 of Deeds, Page 61. DORSEY, MAROUART, WINDHORST, WEST & HALLADAY Village of Edina -2_ December 23, 1968 3. 3waibject to building restrictions as contained in that certain document dated December 15, 1939 and filed December 18, 1939 in Book 51 of Contracts, Page 66 as follows "That all of the West 65 feet of said Lot 48, except the North 125 feet thereof, and all of said Lot 42, except the North 100 fleet thereof, both of said Lasts being in said Auditor's Subdivision No,. 172, shall together, be considered, treated and deemed as one combined parcel of ground, and shall not be sold, leased, mortgaged, encumbered or in anywise conveyed except as a whole, or in one or more lots having a frontage of not less then 50 feet on Halifax Avenue, and that when any lot, part, or portion of said combined tract shall be improved, it shall be by the construction of a once - family or two- family residence building fronting or facing an said Halifax Avenue, and no other buildings or structures shall be placed or erected upon such combined tract,, except garages appurtenant to such residence. structures"* 4. Because of the various{ measles of describing adjoining prop- erties in said Auditor's Subdivision No. 172, we are unable, to determine, without a survey, if there ore any overlaps or gaps between the properties above described or between the properties above described and properties adjoining the some. 5. Taxes due and payable in 196T and prior years are paid. 'Taxes .due and p&ydble in 1968 are paid on a portion of said property and only one-half paid on another portion of said property, with the second half of such portion now being due and payable with penalty. This opinion is limited to the matters shown by said Abstract of Title and the documents referred to therein. All matters not so shower are excepted from this opinion and include (a) rights of any parties in possession, (b) possibility of liens for improvements in process or completed on the premises within the last ninety (90) days, (c) general coning and building laws and restrictions, DORSEY, MAROUART, WINDHORST, WEST & HALLADAY (d) spacial assessments, (ee) matters vhich an accurate survey of the premises would disclose, and (f) security interests in crops or fixtures under Mapteer 336, Minnesota Statutes, not appearing in the Abstract of Title. Very truly yours, DOESEY,I UQUARTOWINDHORST,WEST DALT"Y BY &&j5pol—S. �Jcriakson TOR., cc yl No. 1517Y4 PURCHASE AGREEMENT Revised 1952 MILLER-DAVIS Co. Minneapolis, Minn.,....... December ..3,...�9�?$......... Minneapolis RECEIVED OF ....... WLLAGE..OF EDINA the sum of ..... Five ... Iiindred Dollars ------ - - - - -- (� 500.00: ) .............................. DOLLARS as earnest money and in part payment for the purchase of property at ......... 5027.. Wlifax.. Av„ enue .................. ............................... WHITE —Office Copy YELLOW — Buyer's Receipt GREEN— Seller's Copy ................................................................................. ............................... PING— Buyer's .Copy situated in the County of........ Hennepin .......................... State of Minne- sota, and legally described as follows, to -wit: j� W 145 ft. of Lot 41 and S 2 ft. of Lot 42 and S 2 ft. of Lot 43, /1•j� Auditor's Subdivision #172. lncludln all storm sash storm doors detachable vestibules screens awnings, s i&g ve1e4aft-bfiIrds), "r ds, +� at1°'vrw. °�°..� -", dzapory r", lighting fixtures, plumbing fixtures, hot water tanks and heating plant (with any burners, tanks, stokers and other equipment used in connection therewith) used and located on said premises and including also the following listed personal property: Seller may remove carpeting. all of which property the undersigned, as agent for the owner, has this day sold to the buyer for the sum of Wg ty-- fivethousand fvehundre-------------------------------------------------------- ls no cents----- -_ _ - DOI,I.ARS, which the buyer agrees to pay in the following manner: `Earnest money erein aid_ Five hundred dollars and no cents - -- 500.00 Y paid___ - - -- -- (�------------ - - - --- - ) DOLLARS 00 at C�' V 0�'l �� .� f�uc•� �j,�� �¢.rrzr%�..J � �, � , t �J b � ' J'�'""""`"t/ i ���- - Deed Subject to performance by the buyer the seller agrees to execute and deliver a ................ . .Warranty ... ........... - (to be joined in by spouse, if any) conveying a marketable title to said premises subject only to the following exceptions: (a) Building regulations, zoning laws, ordinances, state and federal regulations. (b) Restrictions relating to use or improvement of premises not subject to unreleased forfeiture. (c) Reservation of any minerals or mineral rll is to the State of Minnesota. (d) Taxes due and payable in the year 19__b�. and in subsequent years, including all special assessments and deferred installments thereof if any heretofore levied against said land, payment of which is not yet enforceable. (e) Rights of tenants as follows: (unless specified, not subject to tenancies) (f) Utility easements. The seller further agrees to deliver possession not later than --- .------- ....�*Y --- lx__. 1969...._.---------- .------------------------------ provided that all the conditions of this agreement have been complied with. The seller further agrees to keep fire and windstorm insurance amounting to $ ------------------- _----- _in effect continuously during the life of this agreement and, at the buyer's option to transfer his interest in said insurance to the buyer; and thereafter buyer agrees to carry fire and extended insurance coverage to cover the amount of contract and mortgage, if any. The buyer and seller also mutually agree that pro rata adjustments of rents, interest, insurance and city water used on said premises shall be made as of----- - - - --- May--- L------- -------------- - - ---- 1959 --- - -- The seller shall within a reasonable time furnish an abstract of title or Torrens certificate (with title searches not included therein), showing marketable title, certified to date. The buyer shall be allowed ----------- 30 ------------------- 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 _______.__ 30 ----------------- days to make such title marketable. Pending correction of title the payments here- under 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 _______________- 0 ------ .------ .------- .--- 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 respective 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. .IL is. undassti�l� ,gnaad.tkiat.t�lis.sale made �t�jeck tcr.t,�ie �e� l�� ihe.aw�er -o€ ea�cl•�re�rlises; r1- �rtt�il�g- �rhivh- oo�sent - agexit. )gas- _- .- _--=---- __ - - -� --- -" - - -- -- �- d�ys�ta e1�tei�T and- t�i�trt�ie �x�c�ersig�ne� ®geatr is mfr �a �nai3ner liable ar- respeasiblc err acevimt'ef - #+t s.ag ee el�t? wwopt -to "*m-or c&soett1ft4er -t4ie ear #iesA erer�ey- paid -r iertrh3s- oefrtractr. The delivery of all papers and monies shall be made at ------------------------------------------------------------------------------------------------------------ theoffice of-------- - - - - -- ------------------------- --- ------------- ---- ---- - - -- -- ----- ----- - - - - -- - --- --- -- ----- -- ---- --- -- ---- - - - - -- - ----- --- -- - - --- ---- - - - --- - --- ---- - - ---- -- --- - -- - - - - -- -- --- -- - - ---- -BS*_ ---- -*gm=-- I, the undersigned, owner of the above land, do hereby I hereby agree to purchase t e said pro r r the price ratify the above agreement and the sale thereby made. and upon the "terms abo oned, n on- ditions berein expressed. F v ---- -- -- -- -- ----- --- - -- - -- -- ---- ------- ------ - -- --- Seller uy Seller Z ----------- jly e Met k a4 tit I e-cl co o