HomeMy WebLinkAbout1475i a—
C.0 SD F— 1164 4334116 Arl—d %I ILe Awerwey C.—nd
STATE OF MINNESOTA
DEPARTMENT OF REVENUE
CONVEYANCE OF FORFEITED LANDS
Issued Pursuant To Minnesota Statutes, Sections 282.01 to 282-12 inclusim
THIS INDENTURE, Made this 9th day of sentembe r 19JL-. between the
• State of Minnesota, as party of the first part, and
City of Edina, a Municipal Co ration
of the County of nee n and State of Minnesota _,Wy_ofthe
second part, 16ITNESSETH:
L_ WHEREAS, the land hereinafter described. having been duly forfeited to the State of Minnesota for
the nonpayment of taxes, was sold tinder the rovisions of Minnesota Statutes; Sections 282.01 to 282.12.•
inclusive, to the part I of the second part, and,
WHEREAS, the said part I of the second part hat paia in full the purchase price of said
land and has otherwise fully complied with the conditions of said sac and It entitled to in
appropriate conveyance thereof.
NOW, THEREFORE, the State of Minnesota. pursuant to said statute*, and in consideration of the
premises, doer, hereby grant, bargain, 'sell and convey unto the said party of the second
Part its successors —WHIR and assigns, Fomer, the following detoled land
lying and bring in the County of Hennepin and -'-late of Minnesota. to-wit:
.4
S. 189 S/26 ft. of Lot 44 and of W. 40 ft. of Lot JIS and that part
o Z
of E. 3 ft. of Lot 44 lying fl. of 5.•189 S/10 ft..thof and W. 7 ft.
of N. 134 75/100 ft. of S. 324 25/100 ft. of Lot 45 and that part
of W. 3 ft.'of Lot 45 lying W. of S.•324 25/100 ft. thof"incl I ft.
of W. Soth St.
.Lots 44 and 45. Auditors - Subdivision No. 172.
City i District 24, Plat 73970. Parcel 2980 now-2910.
3
excepting and reserving to the said state, in trust for taxing districts concerned, all minerals and mineral
J; • rights, as provided by law,
'D TO HOLD THE SAME, together with all the heredilaments and ap rt nances
TO HAVE AN E e
thereunto belonging ng or in anywise appertaining, to the said WjL— vA second
or",
part its successors _.Wx and assigns, Forever. No deed tax will be payable on
this conveyance.
JIN TESTIMONY 'WHEREOF, the State of Minnesota has caused this deed to be executed in its name
in the City of St. Paul, County of Ramsey and Stale of Minnesota, the day and year first above %*itten.
In 1resence of: STATE OF MINNESOTA
I
VA A- ARTHUR C. RDEMM
Commission" of Ite"Bas
STATE OF MINNESOTA Gazz—, et.
County of Ramsey
On this , 9th day of SPpitleSer 19•n— wort me personally
appeared ARTHUR C. RUMER Commissioner of Revenue of the Stale of Minnesota, to
Inc kno.a to be the person who executed the foregoing coaw•ance in behalf of the State of
Minnesota and acknowledged that he executed the same as the free as and deed Or mid state
pursuant to the statutes in such case made and provided.
TO-4 towwwwam was onovad br
The co--..*w of pqeva:r�
Sam of Uw..we
04art"Uwa of Aftwwa
Wip t.
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COMMITMENT
TO INSURE
This commitment was computer produced at the offices of
f _
TET L E II G9.jF,A j- � C-) W ;,i C ?C
}
400 SECOND AVENUE SOUTH/ MINNEAPOLIS. MINNESOTA 55401
Telephone (612) 371 -1111
i
ALTA COMMITMENT - 1970 REV.
SCHEDULE A
APPLICATION NO, 432182
1. UTECTIVE DATES January 7. 1981
AT 7100 A.K.
ISSUEu THROUGH THE OFFICE OF:
TITLE INSURANCE
COMPANY bil
OF MINNESOTA A
2, POLICY TO It ISSUED:
'ALTA' OMf1ERS POLICY PORN 8- 1970- ANE0E1) 10 -17 -70 To Case
PROPOSED INSUREDS
Adine Corporation
3. THE ESTATE OR INTERIST TO THE LARD DESCRISED OR REnnED TO IN IRIS
COMMITMENT AND COVER0 HEREIN IS A TZE SIMPLE AND TITLE TKIRSTO 10 AT TR€
6lPECTIVE DATE b1 noy VESTED Ill:
Robert J. Steiner (Wife: Loreen L. Steiner) and Richard W. Steiner, as
tenants is emson
TU LAUD UPBARED TO IN THIS COMMiTNENT 18 DESCRI><ED AS YOLLOWS:
That part of Lot 45, Auditor's Subdivision no. 172, Hennepin County.
Minnesota, described as follows: Cmeencing at a point on the East line
of said Lot 4% 70 feet north of the Mouth line thereof; tb *mo West along
is line parallel to said South line a distance of 150.0 feet; thence North
along a line parallel to said East line a distant* of 121.9 foot; thence
test along a line parallel to said South line a distance of 36.1 feet;
thence North along a Its* parallel to said last tine a distant* of 1.1
feeti thence test along a line parallel to said South tine a distance of
113.9 feet to a point in said Bast tine 133.0 feet Nortb of the point of
beginning; thence South along said toot line a distance of 123.0 feet to
the point of beginning.
EXCEPT. bemever, those parts of Lot 43 described as follows:
1. The South 7 feet of the Worth 10 feet of the Borth 123 fast of the
South 193 feet of the last 150 feet of said Lot 451 and
2. Comment ins at a point on the Zest line of said Lot 45, 190 feet north
of the South line thereof; thence `lest along a tins parallel to said South
tine a distance of '100 feet; thence North along a line parallel to said
East line a distsnce of 3 feet; thence last along a line parallel to said
South Ito* a distance of 100 feet to a point in said Zest line 3 foot
Borth of the pint of beginning; thence South along maid taut line a
distance of 3 feet to the point of beginning; and
(See page 2)
• = ISSUEij THROUGH THE OFFICE OF:
TirLE INSURANCE
COMPANY WN
Page 2 OF MINNESOTA A
3. The North 5.00 feet of the Soutk 193.00 foot of the nest 13.9 feet of
the East 113.90 feet; also the North 1.90 foot of the South 191,90 feet of
the hest 36,10 feet of the Last 150.00 feat; all in said Lot 45; and
4. That part of the North 113.00 feet of the South 183.00 feet of the
last 150.00 feet of said Lot 45, bounded by the following described linos
Beginning at the Northeast corner of the !Muth 163.00 feet of said
Lot 45, thence South 00 degrees 20 minutes 20 seconds East, assumed
basis for bearings, 4.15 feet along the Last line of said Lot 45;
thence on a bearing of Yost, 48.18 feet; thence Westerly 49.02 feet
along a tangential curve, concave to the South radius 101.29 feet,
central angle 27 degrees 43 minutes 43 seconds; thence South 62
degrees 16 minutes 17 seconds Vast, 32.39 feet; thence Southwesterly
43.93 feet sloog a tangential carve, toncave to the Southeast,
radius 50.00 feet, control aagla 50 degrees 20 minutes 24 seconds,
to the West lino of the Last 150.00 feet of said Lot 45; thence
North 00 degrees 20 minutes 20 seconds Westo 64.78 feat along said
Hest line, to the North tine of the South 183.00 feet of said Lot
45; thence on a bearing of last 150.00 Beet along said North tine to
the point of beginning.
Except, however, that part of Parcel IT above an elevation of 897
feet above mean sea level, 1929 adjustment.
All according to the recorded plat thereof, Rennapin County, Minnesota.
SCStDULS B
IN ADDITION TO TSE STANDARD EXCEPTIONS, CONDITIONS AND STIPULATIONS ATTACHED
BSIiETO, AND THE CONDITION', STIPULATIO" AN' EXCLUSIONS FROK COVERAGE IN THE
COMPANY'S USUAL FORM. OF POLtCY, THE LAND REFERRED TO 111, AS OF TU EFFECTIVE
DATE REREOF, SUBJECT TO THE FOLLOWING;
1. Taxes for the year 1980 in the amount of $9,945.70, paid. (Ease tax
amount $7,345.09) Taxes for the year 1981, not yet. available. (Property
Identification No. 18 028 24 41 0186, District No. 24, Edina.)
NOTE: Wennepin County tax records indicate property is soon - homestead for
taxes payable in the year 1980.
2. Special assessments ordered from Edina. Information to follow by
endorsement.
(Sea page 3)
ISSUEL THROUGH THE OFFICE OF:
TITLE INSURANCE
COMPANY M
Page 3 OF MINNESOTA
3. Mortgage:
Dated: August 29, 1968
Filed: October t, 1968
As Document No. 3738913
Mortgagor: Richard Y. Steiner also known as Richard Marren Steiner and
Sadie M. Steiner, Trustees under Trust Agreement dated September 23, 1948,
and known as Sadie K. Steiner, Trust
Nortgagee: North American Life Insurance Company of Chicago
To secure an indebtedness of $90,000.00 and any other sums which nay
become due and payable under the terms thereof.
Use instrument for complete terms and conditions as -well as possible
rights and options of the mortgagee.)
4. Memorandum Lease dated December 12, 1967, filed October 4, 1968, as
Document No. 3738914, referring to tbat certain unrecorded lease by and
between Sadie N. Steiner, Trust, R. W. Steiner, Trustee as lessor, and
Twin City Red Barn No. 6, Inc. as lessee, dated December 121, 1967.
Said lease is for a term of 20 years rears commencing at acceptance of
building, with option to ox tend and option to Purchase.
Lessor's interest assigned by Document No, 3738915 to North Anerita Life
insurance Company of Chicago as additional security.
The lessee's interest has been assigned to Diversified Directives, Inc. by
Document No. 4385621.
S. Interest of City of Edina acquired by Dead Document No. 4334116, sea
Exhibit A hereto attached. This dead appears to include all of Lot 456
Auditors Subdivision No. 172.
6. Terms and conditions contained in Skyway Agreement filed June 14, 1978, as
Document No. 4385623, see Exhibit E hereto attached.
7. Judgement against Richard Steiner with address at 10134 We t, Lever, Circle
Pinex, Minnesota, in favor of Edward N. Engle, dated May 1, 1974, docketed
Nay 17, 19740 as Case No. 703955 in the amount of $42.14.
8. Title of Aline Corporation to be established of record.
Judgement, bankruptcy, probate, state tax lien, and federal lien searth*%
have been made and show as follows NONE.
XM: I! there are any questions emearaing the exceptions under Schedule
B of this comitmeat, please cats Jim Necker.
9131P/92
s�
4;44621
LICENSE AND AGREEMENT
THIS LICENSE AND AGREEMENT, Made thisZ&-14- day of �EN,6 1976,
between the EDINA THEATRE CORPORATION (herein called "Grantor "), and the HOUSING
AND REDEVELOPMENT AUTHORITY OF EDINA, MINNESOTA, a body politic and corporate
under the laws of the SLaLe of Minnesota (herein called "Grantee"), `w'ITNESSETH:
That Grantor, in consideration of the sum of One Dollar ($1.00) and
other good and valuable consideration to them in hand paid by Grantee, the
receipt and sufficiency whereof is hereby acknowledged, do hereby grant, bar-
gain, sell, convey, and warrent unto Grantee, its successors and assigns, the
right and license to use the walls of any of the buildings (the "Buildings ")
presently situated on the property described on Exhibit B attached hereto and
hereby made a part hereof that abut or adjoin the strip of land (the "Easement
Area ") described on Exhibit A attached hereto and hereby made apart hereof,
to the extent deemed necessary or desirable by Grantee for the following pur-
poses:
(a) Installing, reinstalling, maintaining, repairing and
altering signs of a public nature, and alighting
system for the Easement Area, such signs and lighting
system to be of such quantity, and of such kind, design
and quality as Grantee from time to time shall determine.
Grantor and Grantee, for themselves and their respective heirs,
representatives, successors and assigns, for the foregoing considerations,
further agree (Grantee so agreeing by acceptance hereof) with respect to the
rights and licenses above granted as follows:
1. Grantor shall not be prohibited by virtue hereof from installing
their own signs on the walls of the Buildings, provided that any such signs
shall comply with all ordinances of the City of Edina as are in force and
effect at the time any such signs-are installed, and provided further that any
such signs shall not interfere with Grantee's use of such walls. It is further
understood and agreed that Grantor shall have the right at any time to con-
struct a new facade on any or all of said walls, provided that such work shall
be done in a good and workmanlike manner and without unnecessary delay, and
provided further that Grantor shall reimburse Grantee for all costs incurred
by Grantee in removing and reinstalling its signs and lighting equipment
necessitated thereby.
2. This license shall terminate at such time as the Buildings may
be destroyed or removed from the premises described on Exhibit B; provided,
however, that Grantor shall have given Grantee at least ninety (90) days'
prior written notice of the date on which Grantor commences demolition or
removal of said Buildings.
3. Any and all signs and lighting equipment which may be placed on
the walls of the Buildings pursuant to this license shall be and remain the
property of Grantee and may be removed and replaced at any time and from time
to time by Grantee. Grantee agrees to repair promptly any and all damage
done to any wall as a result of or in connection with the use thereof by
Grantee for any of the purposes allowed by this license.
4. If, on the termination of this license, Grantee has not removed
all of its signs and lighting equipment, then all of such materials not so
removed shall become the property of Grantor and may be removed and disposed
of as Grantor sees fit, without compensation to Grantee, and without any
liability of Grantee for any costs incurred by Grantor in connection with
such removal and disposal.
S. If the Buildings are hereafter destroyed or removed and if there
shall thereafter be constructed a new building or buildings on the premises
described on Exhibit B, then the rights and licenses above granted shall be
revived and shall extend and apply to the wall or walls of any such new
building or buildings which abut or adjoin the Easement Area.
.6. All notices, reports or demands required or permitted to be
given under this Agreement shall be in writing and shall be deemed to be
given when delivered personally to any party or any officer of the party to
which notice is being given, or when deposited in the United States mail in
a sealed envelope, with registered or certified mail postage prepaid thereon,
addressed to the parties at the following addresses:
505
To Grantor: 3911 West 50th Street
Edina, Minnesota 55424
To Grantee: 4801 West 50th Street
Edina, Minnesota 55424
Attention: Executive Director
Such addresses may be changed by either party upon notice to the other party
given as herein provided.
7. Grantee herein, at any time, may transfer and assign all of its
rights and obligations under this license to the City of Edina, and Edina
shall agree, in writing, to assume all of t1n obligations of Grantee herein.
A duly executed copy of such transfer and assignment, and assumption, shall
be given to Grantor. Upon giving such copy to Grantor, Grantee herein shall
have no further obligation hereunder'to Grantor, its heirs, representatives
or assigns.
8. The provisions hereof shall.be deemed covenants running with the
property described on said Exhibit B, and shall extend to and bind the Grantor,
its heirs, representatives and assigns, and all future owners of the property
described on said Exhibit B.
IN TESTIMONY WHEREOF, the said Grantor has caused these presents to
be duly executed the day and year first above written.
EDINA THEATRE CORPORATION
BY %.
ITS PRESIDENT
AND
4____Secretary
This Instrument is Exempt from State Deed Tax.
STATE OF MINNESOTA)
) SS.
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this 20th day of
September , 1976, by Martin Stein , President, and Alys Friedman ,
Secretary of EDINA THEATRE CORPORATION, a Minnesota corporation, on
behalf of the corporation.
HIS INSTRUMENT WAS DRAFTED BY
(name and address)
Notary Public
-3-
FLORENCE SMAL
NOTARY °USLIC MINNESOTA
HENNEPIN COUNTY
�1�Is, y1 / MY Commission Expires Mar. 8, 191
w�L �
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EXHIBIT A
3 W That part of Lot 45, Auditor's Subdivision Number 172 described as follows:
G1 Beginning at the Northwest corner of said Lot 45; thence East along the
Nom L h line of said l.ot 45, a distL-�nce of 3 feet; %hence South aiong a line
U) parallel with the West line of said Lot 45, a distance of 36 feet; thence
East, parallel with the North line of said Lot 45, a distance of 4 feet;
thence South, parallel with the West line of said lot 45, a distance of
135.25 feet; thence East along a line parallel with the North line of said
Lot 45, a distance of 40 feet; thence South,.parallel with the West line
Z of said Lot 45, a distance of 2.4 feet; thence West along a line parallel
with the North line of said Lot 45 to the West line of said Lot 45; thence
6` North to the point of beginning.
fn
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1975 AND PRIOR TAXES;
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EXHIBIT B
All that part of Lot 45, Auditor's Subdivision Number 172, described as
follows:
Commencing at the Northwest corner of Lot 47, thence South to the South-
west earner thereof; thence West 23.90 feet; tbe-.nce South 2.10 feet; thence
West 36.10 feet; thence South 2.40 feet; thence West to a point 7.00 feet
East from the West line of Lot 45; thence North 134.75 feet; thence West
4 feet; thence North to the South line of West 50th Street; thence East
87 feet; thence South to beginning.
UC j 19 1976
1975 AND PR OR TAXES PAII)
Finance i ' ion, Henn. Co.
4240621
MUS-76 21 S. 0005.00 go A
O'MCE OF Co,�!i
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FAL ED
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A'a 14240621
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E®I A
4801 WEST 50TH STREET, EDINA, MINNESOTA 55424
612 -927 -8861 January 26, 1981
Mr. Frederic T. Rosenblatt
Leonard, Street, and Deinard
1200 National City Bank Building
510 Marquette Avenue
Minneapolis, MN 55402
Re: Edina Red Barn, 5020 France Avenue
Dear Mr. Rosenblatt:
Enclosed is an executed Quit Claim Deed to correct the title problem
created by the Conveyance of Forfeited Lands dated September 9, 1977.
Please advise if you have any questions.
Sincerely,
Gordon L. Hughes
City Planner
enc.
CC. Thomas Erickson
Dorsey Law Office
2400 First National Bank
Minneapolis, MN 55402
Chuck Nadler
Antler Corp.
2954 Rice Street
St. Paul, MN 55113
GLH: jgr
Quit Clrlm Decd.
Corporation to Individual.
Form No. 30-M. slillcr -W is Cu., lkhnnc.ipnlis
Dlinncstwi Undarm Convcyancinp, 111 -mks (Rvviscdl9" -)
TI)is 3hibmturep Alade this ....................... ............................................... day of ........ January ..............
between............... the....C.i ty...o.f...: Edina e ........................... :.. ............................... ................................................... ............................... ...........
a Minnesota Municipal Corporation,
..., ........................................ ....:........................., party of the first part, and
Robert...J..... Steiner. ..and..Richaxd...ld....S.teinex
. an
as ..........................
,
.....
....
............... in..e ammon..............................................,............:................,...................,,............................................................... ...............................
of the County of ............. : ... H. IT. Rn.. epIn.......................................... and State of ..... Minne. S: QC 4.................................................................
part.ie.S. ........ of the second part,
Witne.55ab, That the said party of the first part, in consideration of the sum, of
Ong,• dollar,•• and ••, other •., good •,. and•„ valuable••• consideration.- •- ,- • -. -.--
to it in hand paid by the said part. ies ...... the second part, the receipt whereof is hereby acknowledged,.
does hereby Grant, Bar6ain, Quitclaim, and Convey unto the said prirt.ies ....... of the second part ...... .their
heirs and assigns, Forever, all the tract .... .......or parcel .... ........ of land b ind and Leine in the County of
.... ..........Hennepin............ ........................... and State of .Minnesota, dcscribrd as follows, to -71-it:
See Exhibit A, attached hereto and by this reference incorporated
herein.
This deed is given to correct an ambiguous description of property conveyed
to party of the first part by the State of Minnesota in a Conveyance of For-
feited Lands dated September 9, 1977 and filed in the Office of the Hennepin
County Recorder as DOC. NO. 4334116.
TO 31)abC anb to �1)01b tijr Ibanm, Together a -ith all the hereditanients and appurtenaness there-
unto belondin, or in anyu4se appertainin„ to the said part..Aes. ..... of the second part ......... their .......................
hairs and asSi.ons, Forever.
Municipal
1 3ln Testitnonp Whereof, 7'h,- ,vii(IlCorlioration has caused these
prrsents to h,- V.rV,•rrt,•d i 5 r its oorpwaty nano, by its
Ihmmailhemat and its /��; r_
so ==UAws--AXMWnCkkWMd _. thin o? /S'r . day
January 19 81,
............................................... .............................. .
y J ,
u
d
Its ............. Imt
Its ..... ...... `.A -s
L
rate of Alimiezotat
County of ......... HENNEPI N ........ _ . ..............:...............1
They foreboin6 instru teat it-as acknowledeed before me
this..p21....IT (lal/ of ... ............. . January :._..._.................., 19...8.1..........
by.- _..... . ��� l L'f t IL7'nJr'�- �lt Dl .. ... . !V.�. 5
.... y . ................
N. ME O JJ F 011 It I OR 1GENT TITLE F OFFICER OR AGENT)
andbi, -1".ld.� ��...� ....... ..................................... ............ ..............................
A
(N1IF. OF OFI WER OR A ENT, TITI.E OF OFFICER OR AGENT)
vf .....
�'t� d. ..... � off.( ............_ _ C ............... ..................................................................
...
� (NA \IF . . OF CORPORATION . . AKNOW'LEDGIN :. . C;) ......
a ....... ..11.fJP t? `?�`*ti ..................._..... _............. ....... vorporati(t)t, ott behalf of the corporation.
(STATE OR PLACE OF INCORPORATION)
eStF -t�E 9 PE SO\ TAKING ACKNOWLEDGMENT)
........ ................................................. ..................... ...................... ..............
(TITLE OR RANK)
THIS INSTRUMENT WAS DRAFTED BY
LEONARD, STREET AND DEINARDMFTR)
1200 National City BankNZuilding
510 MaLqUULtL—*VULIU (Address)
Minneapolis, MN 55402
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EXHIBIT A
That part of Lot 45, Auditor's Subdivision No. 1721 Rennepin County,
Minnesota, described as folloxs3 Comencing at a point on the East line
of said Lot 45, 70 feet North of the South line thereof; thence hest along
a )inn parallel to said South line a distance of 150.0 feat; thence forth
along a line parallel to said East line a distance of 121.9 feet; tbencs
East along a It** parallel to said South line a distance of 36.1 feet;
thence !forth *ton; a line parallel to said )Cast tine -a distance of 1.1
feats thence Last along a line parallel to said South tine a distance of
113.9 feet to a point in said East line 123.0 feet hortb of the point of
beginning; thence South along said last line a distance of 123.0 feet to
the point of beginning.
ZXCEPT, however, those parts of Lot 45 described as follows:
1. The South 7 feet of the Nortb 10 feet of the north 123 feet of the
South 193 feet of the last 150 feet of said Lot 45; and
`A. Comenc ing at a point on the East line of said Lot 45, 190 feet !forth
of the South line thereof; thence nest along a line parallel to said South
line a distance of 100 feet; thence North along a line parallel to said
Mast line a distance of 3 feet; thence last along a line parallel to said
South tine a distance of 100 feet to a point in said Mast line 3 feet
North of the point of beginning; thence South along said last line a
distance of 3 fast to the point of beginning; and a
3, the North 3.00 foot of the South 193.00 feet of the West 13.9 feet of
the East 113.90 feet; also the North 1.90 feet of the South 191.90 feet of
the West 36.10 feat of the East 150.00 feet; all in said Lot 45; and
4. That part of the North 113.00 feet of the South 183.00 feet of tba
Last 150.00 feat of said Lot 45, bounded by the following described linat
Beginning at the Northeast corner of the South 183.00 feet of said
Lot 45, thence South 00 degrees 20 minutes 20 seconds East, assumed
basis for btearings, 4.15 feet along the Mast line of said Lot 45;
thence on a 4sering of West, 48.18 fast; thence Westerly 49.02 feet
along a tangential curve, concave to the South radius 101.29 feet,
central angle 27 degrees 43 minutes 43 seconds; thence South 62
degrees 16 minutes 17 seconds best, 32.39 feat; thence Southwesterly
43.93 feet along a tangential curve, concave to the Southeast,
radius 50.00 feet, central angle 50 degrees 20 minutes 24 seconds,
to the West tine of the last 150.00 feet of said Lot 45; thence
North 00 degrees 20 minutes 20 seconds hest, 64.78 feet along said
West line, to the Borth line of the South 183.00 feet of said Lot
45; thence on a bearing of last 150.00 Beet along said North line to
the pint of beginning.
Except, howevear, that part of Parcel 4 above an elevation of 097
feet above mean sea level, 1929 adjustment.
All according to the recorded plat thereof, Itenaspin County, Minnesota.
s.
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i
♦ 417S'
WARRANTY DEED
THIS INDENTURE, Made this J.1 day of April, 1978,
between 50TH & FRANCE OFFICE BUILDING PARTNERSHIP, a partnership
under the laws of the State of Minnesota consisting of Allen K. .
Larson and James M. Layer, party of the first part, and the CITY
OF EDINA, a municipal corporation under the laws of the State of
Minnesota, party of the second part,
WITNESSETH, That the said party of the first part in
consideration of the sum of One Dollar ($1.00) and other good and
valuable consideration, to it in hand paid by the said party of
the second part, the receipt whereof is hereby acknowledged, does
hereby grant, bargain, sell, and convey unto the said party of the
second part, its successors and assigns, forever, all the tracts
or parcels of land lying and being in the County of Hennepin and
State of Minnesota, described as follows, to -wit:
The South 2.0 feet of the following described premises:
All that part of Lot 44, Auditor's Subdivision
No. 172, Hennepin County, Minnesota, lying
between the Northerly 120 feet thereof and the
Southerly 189.5 feet thereof, except the
Easterly 3 feet thereof.
That part of Lot 44, Auditor's Subdivision No. 172,
Hennepin County, Minnesota, described as follows:
Beginning at a point on the East line of the
West 107 feet of said Lot 44, which point is
189.5 feet North of the South line of said
Lot 44; thence South, along said East line to
its intersection with Line "A" described below;
thence West along said Line "A" to its inter-
section with the West line of said Lot 44;
thence North along said West line, to its
intersection with the North line of the South
189.5 feet of said Lot 44; thence East, along
.said North line to the point-of beginning.'
That part of the following described - premises lying below
the elevation of eight hundred ninety -nine (899) feet mean
sea level, 1929 adjustment:
The South 43.5 feet of the North 166.5 feet of
the West 54 feet of the East 60 feet of. Lot 43,
Auditor's Subdivision No. 172, Hennepin County,
Minnesota; and
The South 2.0 feet of the East 6.0 feet of
the North 166.5 feet of Lot 43, Auditor's
Subdivision No. 172, Hennepin County,
Minnesota; and
-Tract A, Registered Land Survey No. 1426,
Files of the Registrar of Titles, Hennepin
County, Minnesota, except the North 123 feet
thereof; and
That part of Lot 43, Auditor's Subdivision
No. 172, Hennepin County, Minnesota, described
as follows:
Beginning at a point on the East line of said
Lot 43 distant 166.5 feet South of the North
line thereof; thence South along said East
line to its intersection with Line "A"
described-below; thence West along said Line "A"
to the most Southerly and Easterly corner of
Tract A, Registered Land Survey No. 1426, Files
of the Registrar of Titles, Hennepin County,
Minnesota; thence North along the most Easterly
line of said Tract A to its intersection with
the South line of the North 166.5 feet of said
Lot 43; thence East, along said South line, to
the point of beginning.
Line "A ": A straight line drawn between the most
Southerly and Easterly corner of Tract A,
Registered Land Survey No. 1426, Files of
the Registrar of Titles, Hennepin County,
Minnesota, and a point on the East line
of the West 107 feet of Lot 44, Auditor's
Subdivision No. 172, Hennepin County,
Minnesota, distant 181.05 feet North of
the South line thereof.
SUBJECT TO AND TOGETHER WITH the easements, rights,
covenants and agreements appurtenant to the above premises
established by that certain Declaration of Mutual Easements
dated-January 27, 1977, 'filed in the office of the Hennepin
County Recorder on February 4, 1977 and recorded as
Document No. 4264781, and also filed in the office of the
Hennepin County Registrar of Titles on February 11, 1977
and registered as Document No. 1209069.
TO HAVE AND TO HOLD THE SAME, 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. An the said 50th &France Office Building
Partnership, party of the first part, for itself and its successors,
does covenant with the said party of the second.part, its successors
and assigns, that it is well seized in fee of the lands and premises
-2-
• ,w r
aforesaid, and has good right to sell and convey the same in manner
and form aforesaid, and that the same are free from all incumbrances
except as above stated, and except other easements, restrictions and
reservations of record, if any. And 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 party of the first part will warrant and defend.
IN TESTIMONY WHEREOF, The said first party has caused
these presents to be executed in its name by its partners on the
day and year first above written.
50TH & FRANCE OFFICE BU DING PARTNERSHIP
All A /9
By
And
Allen K. Larson, Partner
Jam4 M. Layer, Partne
This Instrument is Exempt From State Deed Tax
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this
Aday of 1978, by Allen K. Larson and James M. Layer,
the partners in 50TH & FRANCE OFFICE BUILDING PARTNERSHIP, a
Minnesota partnership, on behalf of said partnership.
TAX STATUMENT5 FOR REAL Pi?On"RTY
DESCRIBED HEROIN SHALL SE SEINT TO:
hone_ -
P :2n�e of f 5tp. Co.
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City Stare Zip Coda
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3
.� TERESA L. PALMER
i� • NOTARY PUBLIC — MINNESOTA
HENNEPIN COUNTY
My Commission Expins )w A 1983
nIs Instrument Drafted By
DORSXY. WINDHORST. HANNAWC Wo
WHITNEY Cc E`1ALL..ACAY
2300 FIRST NAIL. BANK BLOC.
MINNEAPOLIS, MINNESOTA 55402
424Q62f
LICENSE AND AGREEMENT
THIS LICENSE AND AGREEMENT, Made this ZGIi day of ,5 1976,
between the EDINA THEATRE CORPORATION (herein called "Grantor "), and the HOUSING
AND REDEVELOPMENT AUTHORITY OF EDINA, MINNESOTA, a body politic and corporate
under the laws of the State of Minnesota (herein called "Grantee "), WITNESSETH:
That Grantor, in consideration of the sum of One Dollar ($1.,00) and
other good and valuable consideration to them in hand paid by Grantee, the
receipt and sufficiency whereof is hereby acknowledged, do hereby grant, bar-
gain, sell, convey, and warrent unto Grantee, its successors and assigns, the
right and license to use the walls of any of the buildings (the "Buildings ")
presently situated on the property described on Exhibit B attached hereto and
hereby made a part hereof that abut or adjoin the strip of land (the "Easement
Area ") described on Exhibit A attached hereto and hereby made a part hereof,
to the extent deemed necessary, or desirable by Grantee for the following pur-
poses:
(a) Installing, reinstalling, maintaining, repairing and
altering signs of a public nature, and a lighting
system for the Easement Area, such signs and lighting
system to be of such quantity, and of such kind, design
and quality as Grantee from time to time shall determine.
Grantor and Grantee, for themselves and their respective heirs,
representatives, successors and assigns, for the foregoing considerations,
further agree (Grantee so agreeing by acceptance hereof) with respect to the
rights and licenses above granted as follows:
1. Grantor shall not be prohibited by virtue hereof from installing
their own signs on the walls of the Buildings, provided that any such signs
shall comply with all ordinances of the City of Edina as are in force and
effect at the time any such signs are installed, and provided further that any
such signs shall not interfere with Grantee's use of such walls. It is further
understood and agreed that Grantor shall have the right at any time to con-
struct a new facade on any or all of said walls, provided that such work shall
be done in a good and workmanlike manner and without unnecessary delay, and
provided further that Grantor shall reimburse Grantee for all costs incurred
by Grantee in removing and reinstalling its signs and lighting equipment
necessitated thereby.
2. This license shall terminate at such time as the Buildings may
be destroyed or removed from the premises described on Exhibit B; provided,
however, that Grantor shall have given Grantee at least ninety (90) days'
prior written notice of the date on which Grantor commences demolition or
removal of said Buildings.
3. Any and all signs and lighting equipment which may be placed on
the walls of the Buildings pursuant to this license shall be and remain the
property of Grantee and may be removed and replaced at any time and from time
to time by Grantee. Grantee agrees to repair promptly any and all damage
done to any wall as a result of or in connection with the use thereof by
Grantee for any of the purposes allowed by this license.
4. If, on the termination of this license, Grantee has not removed
all of its signs and lighting equipment, then all of such materials not so
removed shall become the property of Grantor and may be removed and disposed
of as Grantor sees fit, without compensation to Grantee, and without any
liability of Grantee for any costs incurred by Grantor in connection with
such removal and disposal.
5. If the Buildings are hereafter destroyed or removed and if there
shall thereafter be constructed a new building or buildings on the premises
described on Exhibit B, then the rights and licenses above granted shall be
revived and shall extend and apply to the wall or walls of any such new
building or buildings which abut or adjoin the Easement Area.
6. All notices, reports or demands required or permitted to be
given under this Agreement shall be in writing and shall be deemed to be
given when delivered personally to any party or any officer of the party to
which notice is being given, or when deposited in the United States mail in
a sealed envelope, with registered or certified mail postage prepaid thereon,
addressed to the parties at the following addresses:
-2-
To Grantor: 3911 West 50th Street
Edina, Minnesota 55424
To Grantee: 4801 West 50th Street
Edina, Minnesota 55424
Attention: Executive Director
Such addresses may be changed by either party upon notice to the other party
given as herein provided.
7. Grantee herein, at any time, may transfer and assign all of its
rights and obligations under this license to the City of Edina, and Edina
shall agree, in writing, to assume all of tl-e obligations of Grantee herein.
A duly executed copy of such transfer and assignment, and assumption, shall
be given to Grantor. Upon giving such copy to Grantor, Grantee herein shall
have no further obligation hereunder to Grantor, its heirs, representatives
or assigns.
8. The provisions hereof shall be deemed covenants running with the
property described on said Exhibit B, and shall extend to and bind the Grantor,
its heirs, representatives and assigns, and all future owners of the property
described on said Exhibit B.
IN TESTIMONY WHEREOF, the said Grantor has caused these presents to
be duly executed the day and year first above written.
EDINA THEATRE CORPORATION
BY ftL1.1-
ITS PRESIDENT
AND
34 Secretary
This Instrument is Exempt from State Deed Tax.
STATE OF MINNESOTA)
SS.
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this 20th day of
September , 1976, by Martin Stein President, and Alys Friedman
Secretary of EDINA THEATRE CORPORATION, a Minnesota corporation, on
behalf of the corporation.
Notary Public
-3-
�� FLORENCE SIGAL
IYOTAAY °USLIC .
HENNEPIN COUNTY
MY Cor^misaion ExpHp Mar. 8, 18p3
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EXHIBIT A
That part of Lot 45, Auditor's Subdivision Number 172 described as follows:
Beginning at the Northwest corner of said Lot 45; thence East along the
North line of said lot 45, a distance of 3 feet; thence South along a line
parallel with the West line of said Lot 45, a distance of 36 feet; thence
East, parallel with the North line of said Lot 45, a distance of 4 feet;
thence South, parallel with the West line of said lot 45, a distance of
135.25 feet; thence East along a line parallel with the North line of said
Lot 45, a distance of 40 feet; thence South, parallel with the West line
of said Lot 45, a distance of 2.4 feet; thence West along a line parallel
with the North line of said Lot 45 to the West line of said Lot 45; thence
North to the point of beginning.
All that part of Lot
follows:
EXHIBIT B
45, Auditor's Subdivision Number 172, described as
Commencing at thelNorthwest corner of Lot 47, thence South to the South-
west corner thereof; thence West 13.90 feet; thence South 1.10 feet; thence
West 36.10 feet; thence South 2.40 feet; thence [Jest to a point 7.00 feet
East from the West line of Lot 45; thence North 134.75 feet; thence West
4 feet; thence North to the South line of West 50th Street; thence East
87 feet; thence South to beginning.
It
L1 �
LICENSE AND AGREEMENT
THIS LICENSE AND AGREEMENT, Made this 20,r* day of 19769
between the EDINA THEATRE CORPORATION (herein called "Grantor "), and the HOUSING
AND REDEVELOPMENT AUTHORITY OF EDINA, MINNESOTA, a body politic and corporate
under the laws of the State of Minnesota (herein called "Grantee "), WITNESSETH:
That Grantor, in consideration of the sum of One Dollar ($1.00) and
other good and valuable consideration to them in hand paid by Grantee, the
receipt and sufficiency whereof is hereby acknowledged, do hereby grant, bar-
gain, sell, convey, and warrent unto-Grantee, its successors and assigns, the
right and license to use the walls of any of the buildings (the "Buildings ")
presently situated on the property described on Exhibit B attached hereto and
hereby made a part hereof that abut or adjoin the strip of land (the "Easement
Area ") described on Exhibit A attached hereto and hereby made a part hereof,
to the extent deemed necessary or desirable by'Grantee for the following pur-
poses:
(a) Installing, reinstalling, maintaining, repairing and
altering signs of a public nature, and a lighting
system for the Easement Area, such signs and lighting
system to be of such quantity, and of such kind, design
and quality as Grantee from time to time shall determine.
Grantor and Grantee, for themselves and their respective heirs,
representatives, successors and assigns, for the foregoing considerations,
further agree (Grantee so agreeing by acceptance hereof) with respect to the
rights and licenses above granted as follows:
1. Grantor shall not be prohibited by virtue hereof from installing
their own signs on the walls of the Buildings, provided that any such signs
shall comply with all ordinances of the City of Edina as are in force and
• effect at the time any such signs are installed, and provided further that any
such signs shall not interfere with Grantee's use of such walls. It is further
understood and agreed that Grantor shall have the right at any time to con-
struct a new facade on any or all of said walls, provided that such work shall
�2
be done in a good and workmanlike manner and without unnecessary delay, and
provided further that Grantor shall reimburse Grantee for all costs incurred
by Grantee in removing and reinstalling its signs and lighting equipment
necessitated thereby.
2. This license shall terminate at such time as the Buildings may
be destroyed or removed from the premises described on Exhibit B; provided,
however, that Grantor shall have given Grantee at least ninety (90) days'
.prior written notice of the date on which Grantor commences demolition or
removal of said Buildings.
3. Any and all signs and lighting equipment which may be placed on
the walls of the Buildings pursuant to this license shall be and remain the
property of Grantee and may be removed and replaced at any time and from time
to time by Grantee. Grantee agrees to repair promptly any and all damage
done to any wall as a result of or in connection with the use thereof by
Grantee for any of the purposes allowed by this license.
4. If, on the termination of this license, Grantee has not removed
all of its signs and lighting equipment, then all of such materials not so
removed shall become the property of Grantor and may be removed and disposed
of as Grantor sees fit, without compensation to Grantee, and without any
liability of Grantee for any costs incurred by Grantor in connection with
such removal and disposal.
5. If the Buildings are hereafter destroyed or removed and if there
shall thereafter be constructed a new building or buildings on the premises
described on Exhibit B, then the rights and licenses above granted shall be
revived and shall extend and apply to the wall or walls of any such new
building or buildings which abut or adjoin the Easement Area.
6. All notices, reports or demands required•or permitted to be
given under this Agreement shall be in writing and shall be deemed to be
given when delivered personally to any party or any officer of the party to
which notice is being given, or when deposited in the United States mail in
a sealed envelope, with registered or certified mail postage prepaid thereon,
addressed to the parties at the following addresses:
-2-
To Grantor: 3911 West 50th Street
Edina, Minnesota 55424
To Grantee: 4801 West 50th Street
Edina, Minnesota 55424
Attention: Executive Director
Such addresses may be changed by either party upon notice to the other party
given as herein provided.
7. Grantee herein, at any time, may transfer and assign all of its
rights and obligations under this license to the City of Edina, and Edina
shall agree, in writing, to assume all of tl-- .obligations of Grantee herein.
A duly executed copy of such transfer and assignment, and assumption, shall
be given to Grantor. Upon giving such copy to Grantor, Grantee herein shall
have no further obligation hereunder to Grantor, its heirs, representatives
or assigns.
8. The provisions hereof shall be deemed covenants running with the
property described on said Exhibit B, and shall extend to and bind the Grantor,
its heirs, representatives and assigns, and all future owners of the property
described on said Exhibit B.
IN TESTIMONY [,HEREOF, the said Grantor has caused these presents to
be duly executed the day and year first above written.
EDINA THEATRE CORPORATION
BY
ITS PRESIDENT
AND
I S Secretary
This Instrument is Exempt from State Deed Tax.
STATE OF MINNESOTA)
) SS.
COUNTY OF HENNEPIN)
.The foregoing instrument was acknowledged before me this 20th day of
Sepf-emher� 19769 by Martin Stein , President, and Alys Friedman ,
Secretary of EDINA THEATRE CORPORATION, a Minnesota corporation, on
behalf of the corporation.
--3-
Notary Public
SIGAL
MO'A" RWIC . MINNESOTA
HENNEPIN COUNTY
My Commission Expires Mar, d, 9®a3i
EXHIBIT A
That part of Lot 45, Auditor's Subdivision Number 172 described as follows:
Beginning at the Northwest corner of said Lot 45; thence East along the
North line of said lot 45, a distance of 3 feet; thence South along a line
parallel with the West line of said Lot 45, a distance of 36 feet; thence
East, parallel with the North line of said Lot 45, a distance of 4 feet;
thence South, parallel with the West line of said lot 45, a distance of
135.25 feet; thence East along a line parallel with the North line of said
Lot 45, a distance of 40 feet; thence South, parallel with the West line
of said Lot 45, a distance of 2.4 feet; thence West along a line parallel
with the North line of said Lot 45 to the West line of said Lot 45; thence
North to the point of beginning.
EXHIBIT B
All that part of Lot 45, Auditor's Subdivision Number 172, described as
follows:
Commencing at the Northwest corner of Lot 47, thence South to the South-
west corner thereof; thence West 13.90 feet; thence South 1.10 feet; thence
West 36.10 feet; thence South 2.40 feet; thence West to a point 7.00 feet
East from the West line of Lot 45; thence North 134.75 feet; thence West
4 feet; thence North to the South line of West 50th Street; thence East
87 feet; thence South to beginning.
a
A
EXHIBIT B
All that part of Lot 45, Auditor's Subdivision Number 172, described as
follows:
Commencing at the Northwest corner of Lot 47, thence South to the South-
west corner thereof; thence West 13.90 feet; thence South 1.10 feet; thence
West 36.10 feet; thence South 2.40 feet; thence West to a point 7.00 feet
East from the West line of Lot 45; thence North 134.75 feet; thence West
4 feet; thence North to the South line of West 50th Street; thence East
87 feet; thence South to beginning.
SD Form 968 43341-16 Approved by The Attorney General
STATE OF MINNESOTA
DEPARTMENT OF REVENUE
CONVEYANCE OF FORFEITED LANDS
Issued Pursuant To Minnesota Statutes, Sections 282.01 to 282.12 inclusive.
THIS INDENTURE, Made this 9th day of September , 19 77_, between the
State of Minnesota, as party of the first part, and
City of Edina, a Municipal Corporation
of the County of Hennepin and State of Minnesota
second part, WITNESSETH:
, party
WHEREAS, the land hereinafter described, having been duly forfeited to the State of Minnesota for
the nonpayment of taxes, was sold under the provisions of Minnesota Statutes, Sections 282.01 to 282.12,
inclusive, to the part Y. of the second part, and,
WHEREAS, the said part Y of the second part haS__ paid in full the purchase price of said
land and has otherwise fully complied with the conditions of said sale and Is entitled to an
appropriate conveyance thereof,
NOW, THEREFORE, the State of Minnesota, pursuant to said statutes, and in consideration of the
premises, does hereby grant, bargain, sell and convey unto the said part)_ of the second
part its successors IMA and assigns, Forever, the following described land
lying and being in the County of Hennepin , and State of Minnesota, to -wit:
S. 189 5/10 ft. of Lot 44�and of W. 40 ft. of Lot 45 and that part
of E. 3 ft. of Lot 44 lying N. of S. 189 5/10 ft. thof and W. 7 ft.
of N. 134 75/100 ft. of S. 324 25/100 ft. of Lot 45-and that part
of W. 3 ft. of Lot 45 lying N. of S. 324 25/100 ft. thoil--incl 7 ft.
of W. 50th St. Lots 44 and 45, Auditors Subdivision No. 172.
City of Edina. District 24, Plat 73970, Parcel 2980 now 2910.
excepting and reserving to the said state, in trust for taxing districts concerned, all minerals and mineral
rights, as provided by law,
TO HAVE AND TO HOLD THE SAME, together with all the hereditaments and appurtenances
thereunto belonging or in anywise appertaining, to the said parts_ of the second
part, i tS successors *M and assigns, Forever. No deed tax will be payable on
this conveyance.
IN TESTIMONY WHEREOF, the State of Minnesota has caused this deed to be executed in its name
in the City of St. Paul, County of Ramsey and State of Minnesota, the day and year first above written.
STATE OF MINNESOTA )
) ss.
County of Ramsey )
STATE OF MINNESOTA
ARTHUR C. ROEMER
Commissioner of Revenue
On this 9th day of_. September , 19-12—, before me personally
appeared ARTHUR C. ROEMER Commissioner of Revenue of the State of Minnesota, to
me known to be the person who executed the foregoing conveyance in behalf of the State of
Minnesota and acknowledged that he executed the same as the free act and deed of said state
pursuant to the statutes in such case made and provided.
This Instrument was Drafted by
The Commissioner of Revenue
State of Minnesota
Department of Revenue `
St. Paul, Minnesota 55145 PC1l I (� C
�2
a "A& CVirirnis: ion f wre
�[!�`raY°`J" tl�.a'1'k�lt • 1 r t t ^ c .�Y ".4°,�+�
No.14537Q7
STATE DEED
Issued pursuant to Minnesota Statutes,
Sections 282.01 to 282.12, inclusive
STATE OF MINNESOTA
TO
A $3 fee for this Deed must be charged
against the Forfeited Tax Sale Fund.
Minnesota Statutes, Section 282.09.
Taxes paid by sale and transfer entered
this............ day of----------------------- - - - --- 19......
County Auditor.
By---------------------------------- --------- - - - - -- - ..
Deputy.
Taxes for the year .......................... on the
within described lands paid this ..............
dayof----------------------------------------- - - - - -- 19......
---------------------------------------------------------- - - - - -- - --
County Treasurer.
By------------------------------------------- - - - - --- -�..
n�
OFFICE OF REGISTER OF DEEDS
STATE OF MINNESOTA
ss.
County of----------------------------
I hereby certify that the within Deed
was filed in this office for record on the
------- - - - - -- ---day of ................................. .A. D.
19........, at .............. O'clock .............. M., and
was duly recorded in Book ....................of
Deeds, on page .............
_ ........................_....---...............---......------..----
Beirister of Deeds.
By---------------------------------- ---------- - - - - -- 'Devuty. --
IlNPORTANT
NOTICE TO BOTH AUDITOR AND
PURCHASER: Check this deed carefully
for errors before recording. Correctiops
should be made before that time.
4334116
Tax statements for the real prope described
in this instrument should be sent o:
Name: City of Edina
Address: 4801 W. 50th Street
Edina, Minnesota 55424
e '
/el ls'
OFFICE OF COUNTY RECORDER
HENNEPIN COUNTY. MINNESOTA
CERTIF;E0 FILrD .,NO tM
1917 NOY 17 P 11: 11
AS DOCUMENT 4 33414f;
� tp CO. Rf CGROi i%
DEPUT
-Pled oq lou ,(ew io
-a-e4 c a..,. .ou t
unc:; c M1
Warranty Deed.
_ - -- Corporadea b Cor;eradoli.
Form No. 9 —M. Miller -Davis Co.. Minneapolis. Minn.
Minnesota Uniform ConveyancinrIllanks (1931)
3'7606`,0
Tjt-�Jnbenture, Murle this .........................30th .........day o f........ December 19 68
. ...............................
.......
between .. .............................ES iP A... Th.. atre...Corporation. ........ . ......... . ...... . .......................................................
............. ...............................
a .corporation under the Laws of the State of ................... M.......in......ne............sota . .............................., party of the first part, and
Village of Edina
municipal
a /corporation under the taws of the State of ... ............ Minne. so. ta. ...................................... I party of the second part,
itnCY50t, That the said party of the first part, in consideration of the sum of....... ...............
and... o0.0.r...g.QPd....c d...v... IMAJ .m... .c4naa 4V.ri ti9ki. -5 ............................................................... ............................... xzaz�
to it in hand pairs by the said party of the second part, the receipt whereof is hereby acknowledged, does
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 lyiiq and being in the County of ................. Hennep.in
and State of Minnesota, described as follows, to -wit:
The East 3 feet of that part of Lot 44, Auditor's Subdivision Number 172,
lying North of the South 189.5 feet thereof.
Also, the West 7 feet of the North 134.75 feet of the South 324.25 feet
✓ of Lot 45, Auditor's Subdivision Number 172.
Also, the West 3 feet of that part of Lot 45, Auditor's Subdivision
Number 172, lying North of the South 324.25 feet thereof.
all 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.
^ This
'r
ox -ft conveyance to the Village of Edina (herein referred to as "Edina ") is
made subject to the following conditions, reservations and agreements, all of
which shall run with the land and shall be binding upon and inure to the benefit
of the parties hereto and their respective successors and assigns:
(1) Edina shall use the foregoing described land as a public pedestrian
:%'walkway so as to afford to members of the public access by foot between the
public streets and sidewalks and the public parking lot to be established by
Edina adjoining on the southerly side of said land.
(2) Edina shall at its expense.sw�in� wri 2 Saw maintain and
keep the same in good condition and repair and shall keep the same reasonably
free of ice and snow.
(3) Grantor shall have no obligation to repair or maintain said walkway
and shall have no obligation, responsibility or liability to Edina or to
any user of said walkway for any damage or loss in connection therewith.
.4nd 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 clamming or to
claim the whole or any part thereof, subject to ineumbrances, if any, hereinbefore- mentioned,, the said
party of the jlr* pajt; dill Warrant and Defend.
'• �. 3n Tatimonp Nbered, The said first party has caused these
c� presents to be executed in its corporate name by 16..... .......
President and its .......... Se . re ArY ....................and its corporate seal to
be hereunto affixed the day and year first above written.
EDINA... THEATRE... CORPORATION
rn�r�ce
.. ...... ....... .............. ......... ..............
... ... ..........
By........... .. .....................
.... ...................
Martin Stein'
Its ........................ ..........President
... .....
ys Friedman
Its.......... Secretary ..............................
To jbabe ant to WIt the *ame, 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, For -
ever..4nd the said ..... ........................................... ...................... --....................................................................................................................................
........................................................................................................................................................................................................................... ....................I..........
party of the first part, for itself and its successors, does covenant with the said party of the second part,
its successors and assigns, that it is well seized in fee of the lands and premises aforesaid, and has good
right to sell and convey the same in manner and form aforesaid, and that the same are free from all
incumbratzoes .. except as ... above.
.............................. ...................................................................................................... ...............................
D'Xy
ai
A
w
S
K
6tate of Annegota,
S.
Cozintz of Hennepin ......... ...............................
On this ...... ...........................3 -7: ............................day of........... ...................... 1L. f ., before me, a
............................. no.tary... pub• lic ......................
...... ............................... ........within and for said County, personally appeared
............................. lux1111...5. n............................ .........and A1)'S...Fr iedrMn
to me personally known, who, being each by me duly sworn .. ............................did say that they arn•espectiaely
the ............... .....................President and the..................... Secretary.......... .............................of the corporation named in the
foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said corporation,
and that said instrument was signed and sealed in behalf of said corporation by 'authority of its Board
of_ ............. ._ P jre c tor. s ......and said ...................... Martin Stein and
... ............... .....:......................... ...... ................... :..............................
Anys.:.x�a .min .......... ....................................... acknowledged said instrument to b the free act and deed of said
corporation.
.:: ... .. ... ............................... ....... ...... .. ........
STEPHEPJ B. SIN %ATITZ
Notary Public ...
Nocaag••e��t :�, r.� >�r •c�,�, ►,,�Cnty, e�liynn.
my Commissi= kxpil(a Aug., 10 75f&,?L
Mycommission expires ........................... .:....�...,.19a ::.,
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LAW OFFICES
LEONARD, STREET AND DEINARD
1200 NATIONAL CITY BANK BUILDING
510 MAROUETTE AVENUE
MINNEAPOLIS, MINNESOTA 55402
TELEPHONE: (612) 339-1200
CABLE ADDRESS: "LEON D"
January 15, 1981
Tom Erickson, Esq.
Dorsey, Windhorst, flannaford,
Whitney & 11alladay
2300 First National Bank Building
Minneapolis, lA.N 55402
Re: Edina; Former Red Barn Property at
5020 France Avenue
Dear Tom:
I hope you will find the onclosed corrective deed self-
explanatory when read in conjunction with the enclosed copies of
t116 title commitment (item 5) and the 1977 Conveyance of Tax
Forfeited Land to the City of Edina. Clearly, when the State
conveyed adjoining property to the City, it omitted the words "all
in" from the Conveyance. Consequently, the instrument could be
construed to convey all of Lots 44 and 45.
I'm also sending along a plat book drawing which shows the
situation. The land intended to be conveyed by the Conveyance of
Tax Forfeited Land is shown in blue. Our client's land is shown
in red.
In order to correct the misdescription, we request that
the City execute and deliver the enclosed corrective deed to the
fee owner. our client, Adine Corporation, is the ground tenant.
Of course, if you or Mr. Hughes at the City of Edina has any
question, you should feel free to call.
Very truly yours,
LEONARD, STREET AND DEINARD
By
FTR/CJ
Enclosures
cc: Charles Nadler w/enclos.
VCAlrrdon Hughes w/enclos.
Fredric T. Rosenblatt
r m
36
EDINA -24 �•``
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42
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Accord Arl Aud. Subd. tvf 172, 6howo • _� �i
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MO.] FORM 98
COMPLETE TITLE SERVICE
TITLE INSURANCE
-SCROW SERVICE
- TRACTS OF TITLE
SEARCHES FOR TAXES
JUDGMENTS IN STATE
AND FEDERAL COURTS,
BANKRUPTCY PROCEEDINGS
SPECIAL ASSESSMENT SEARCHES
FINANCING STATEMENT SEARCHES
FEDERAL TAX LIEN SEARCHES IN
FEDERAL COURT, THIRD DIVISION
RECORDING SERVICE
REGISTERED PROPERTY ABSTRACTS
Member of:
issirsrsesota
MLTA
/s�sd *itI'B sssia.
0
uraovsn rsassa
urderlvo. 807873
Abstract of Title
TO
!y7gr
Part of Lot 44, Auditor's
Subdivision No_ 179, Ptal
This certifies the within statement from
Nos. 147 to 15D inclusive,
to be a correct Abstract of Title to land described in
No. o n e therein as appears of record in the
Real Estate Division of the office of .the County
Recorder in Hennepin County, Minnesota, since
June 1, 1978, 7AM including Taxes 316 -156
according to the general tax records of said County.
Dated August 29 , 19__L$-, 7 a.m.
Title Insurance to mpany of Minnesota
By • d 01M 14 4,1 :ire
Assistant Secretary
Re
7inv. it T.a.w Firm
Deliver to
TITLE INSURANCE COMPANY OF MINNESOTA
TITLE INSURANCE BUILDING
MINNEAPOLIS, MINNESOTA 55401
Telephone 371 -1111
Area Code 612
CONVIRSION TAILIS
Reds
he
Ckeins
reel
Reds
JMst
Reds
Peel
.Reds
he
Reds
Pest
Reds
Fein
.Reds
feet
Reds
Fad Reds
Feet
1
1615
1x,
181,5
21
346.5
31
$11.3
41
676.5
'51
841.8
61
1006,5
41
1171,5
81
„"
91
1301,3
2
33.0
12
198.0
22
363.0
32
328.0
42
693.0
52
858.0
62
1023.0
72
1188.0
83
13
858
131810
3
49.5
13
214.5
23
379.5
" 33
544.5,
43
709,5
53
874.3
63
1039,5
73
1204,5
83
24
1584
153413
4
66,0
14
231.0
24
396.0
34
561.0
44
726,0
54
89170
' 64
1056,0
74
1221,0
84
35
4
133110
5
82.5
15
347.5
25
412,5
35
577.5
45
742,5
55
907,3
65
1072,3
75
1337,3
85
1402.5
95
1467,5
6
99.0
16
264.0
26
499.0
36
594.0
46
759,0
56
924.0
66
1089,0
76
1354,0
86
1419,0
96
1384,0
7
115.5
17
280.5,
27
445.5
37
610,5
47
" 775,5
37
940.5
67
11015
77
1270,5
87
14335
97
16005
8 .
132.0
11
397.0
28
462.0
' 38
627.0
48
792.0
:58
937,0
68
11210
78
1287.0
88
1452,0
98
1617.0
9
148.5
19
313.5
29
478.3
39
643.5.
49
808.5
59
973.5
69
1138.5
79 °
1303.5
89
1468.3
99
163313
10
165.0
20
330.0
30
493.0
40 "
660.0
50
825.0
"60
990.0
70
1155.0
10
1320.0
90
1483.0
100
163010 .
Refs to fool from 1 to 100
Chains
he
Ckeins
Fast
Chains
Fast
Chains
het
Links
Fast
Links
PAM
Links
Pest
Links
Pod
Links
Fast
1
66
11
726
21
1386
31
2046
1
.66
11
7,26
It
13,86
31
20,46
41
37,06
2
132
12
792
22
1452
32
2112
2
1,32
12
7.92
22
14,32.
33
31,13
43
37,72
3
198
13
858
23
1518
33
2178
3
1.98
13
8,58
33
15,18
33
21.78
43
28,38
4
264
14
924
24
1584
34
2244
4
2,64
14
9.24
34
13.84
34
32,44
44
39.04
5
330
15
.990
25
1650
35
2310
5
3.30
15
9.90
25
16,50
35
23,10
45
29,70
6
396
16
1056
26
1716
36
2376
6
3,96
16
10.56
26
17.16
36
33.76
46
30.36
7
462
17
1122
27
1782
37
2442
7
4,62
17
" 11,22
27
17,82
37
24.49
47
31.02
8
528
18
1188
28
1848
38
2508
8
5.28
18
11,88
28
18,48
38
25,08
48
31,68
9
594
19
1254
29
1914
39
2574
9
5.94
19
12.54
29
19,14
39
23.74
49
32,34
10
660
20
1320
30
1980
40
2640
10
6,60
20
13,20
30
19,80
40
26.40
50
33.00
Chains to hat hem 1 to 410
Links to fool from 1 N SO
A SECTION OF LAND -640 ACRES
N.W. COR, MONTH QUARTIN
2
3
N. €, COR,
TABLI OF MIASURIMINTS
P
ST s0 ROOK
I HAIN3
One link equals 7.42 InchesQC
j
One rod equals 16,5'ff. or 25 Inks
$
^ w1$
R $
One chain equals 66 ft., 100 links, or rods
$
g
One mile equals 5,280 ft., 320 rods, or 80 chains
One square rod Contains 272.25 sq. ft. .
g 10 AC.
One acre contains 43,560 sq. ft.,160 sq. rods,,
or
10 square chains
A side of an acre equals, 208.71 feet
ly
80 ACRES
90 CHAINS
0 CHAINS
40 ACRES
S
CEN
R OP 20 CHAINS
1320 FEET
s �/s LINE
SEC
ION
lb LINE
SECTIONAL MAP OF A TOWNSHIP WITH
ADJOINING SECTIONS
:36 31 32 33 34 35 36 31:
1 6 3 1413 2 1 1 16
160 ACRES
12 7 alfipfo 111 121 7
13 18 1 10 4 13 18 .
24 19 20 T11 22 13 24 19:
v
25 30 29 28 27 26 25 30
:36 31 32 33 34 35 36 31
1 6 5 4 3 2 1 6
SOUTH
AUAMR
S.W. CON.
POST U. CON,
i
National Food Stores,
Inc. (Michigan Corporation)
(Corporate Seal)
92. to
Village of Edina
(Minnesota Municipal
Coproration) (Seal)
• 0
Road Easement
Dated July 30, 1970
Filed Sept. 2, 1970
Book 70 of Hennepin County
Records, page 3844497.
(See Exhibit "B" hereto attached.)
Chains
Foot
Chains
Feet :
Chains-
Feet
Chains
-Feet
1
66
11
726
21
1386
31
2046
2
132
12
1 792
22
1452
32
2112
3
198
13_
858
CONVERSION
TABLES
33
2178'
4
264
14
;24
24
1584
Re
2244
5
Feet
Reds
Feet
Rods
Feet
Reds
Feet
Reds
Feet
Reds
Foot
Reds
Feet
Reds
Peet Reds
Feet
1
17 ,1122
29.70
181.5
21
346.5
31
511,5
41
676.5
51
841.5
61
1006.5
71
1171.5
81
,1
91
1501.5
1914
31.0
12
198.0
22
363.0
32
528.0
42
693.0
52
858.0
62
1023.0
72
1188.0
82'
29
I2
1518,5:
3
49.9-'
13
214.5
23
379.5
33
544.5
43
709.5
53
874.5
63
1039.5
73
1204.5
83
03
1534.5 -
4
66.0
14
231.0
24
396.0
34
561.0
44
726.0
54
891.0
64
1056.0
74
1221.0
84
6:0
94
1551.0
5
82.5
15
247.5
25
412.5
35
577.5
45
742.5
55
907.5
65
1072.5
75
1237.5
85
1402.5
95
1567.5
6
99.0
16
264.0
26
429.0
36
594.0
46
759.0
56
924.0
66
1089.0
76
1254.0
86
1419.0
96
1584.0
7
115.5
17
280.5
27
445.5
37
610.5
47
775.5
57
940.5
67
1105.5
77
1270.5
87
1435.5
97
1600.5
8
132.0
18
297.0
28
462.6
38
627.0
48
792.0
58
957.0
68
1122.0
78
1287.0
88
1452.0
98
1617.0
9
148.5
19
313.5
29
478.5
39
643.5
49
808.5
59
973.5
69
1136.5
79
.1303.5
89
1468.5
99
1633.5
10
165.0
20
330.0,
36
495.0
40
660.0
50
.825.0
60
990.0
70
1155.0
80
1,120.0
90
1485.0
100
1650.0
Rods to feet from 1 to 100
Chains
Foot
Chains
Feet :
Chains-
Feet
Chains
-Feet
1
66
11
726
21
1386
31
2046
2
132
12
1 792
22
1452
32
2112
3
198
13_
858
23
1518
33
2178'
4
264
14
;24
24
1584
34
2244
5
330
15
990
25
1650
35
2310
6
396
16
1056
26
1716
36
2376
7
462
17 ,1122
29.70
27
1782
37
2442
a
528
18
1188
28
.1848
38
2508
9
594
19
1254
29
1914
39
2574
10
660
20
1.320
30
1980
40
2640
48
31.68
Chains to feet from 1 to 40
5.94
19
Links
Feet
Links
Feet
Links
Foot
Links
Feet
Links
Feet
1
.66
11
7.26
21
13.86
31
20.46
41
27.06
2
1.32
12
7.92
22
14.52
32
21.12
42
27.72
3
1.98
13
- 8.58
23
15,18
33
21.78
43
28.38
4
2.64
14
9.24
24
15.84
34
22.44
44
29.04
5
3.30
15
9.90
25
16.50
35
23.10
45
29.70
6
3.96
16
10.56
26
17.16
36
23.76
46
30.36
7
4.62
17
11.22
27
17.82
37
24.42
47
31.02:
8
5.28
18
11.88
28
18.48
38
25.08
48
31.68
9
5.94
19
1244
29
19.14
39
25.74
49
32.34
10
6.60
20
13.20
30
19.80
40
26.40
50
33.00
-
O
f
Links to feet from 1 to 50
A SECTION OF LAND --640 ACRES
NURIM WUARTCR
N.E.
TABLE OF MEASUREMENTS
pp
T 80 RODS
10 CHAINS
w
z
One link equals 7.92 inches
ui
a
a t.JLL
Qo
l.! vi
4 e°c
One rod equals 16.5 "ft. or 25 links
w
0
m
ou)�
mo o„
.One chain equals 66 ft., 100 links, or 4 rods
$
0
20 RDS
One mile equals 5,280 ft., 320 rods, or 80 chains
One sgyare rod contains 272.25 sq, ft.
c 10 AC.
One acre contains 43,560 sq. ft., '160 sq, rods.,
or
N
10 square chains
a
�
10 CHAINS
A side of an acre equals 208.71 feet
�
80 ACRES
20 CHAINS
0AL
n
4
_
40 ACRES
�
V
S
Is
-
O
f
10 CMA01S
-
1320 FEf?f ' -.
d O
_ �'A LINE-
SEC
ION
/4 LINE
3
'
SECTIONAL MAP OF A TQWNSHIP WITH
AD101NIN0 3EC"ONS
............. ............ ....
;36
31
32
33
34
35
36
31:
i t
6
5
4
3
1 2
1
6
160 ACRES
:12
7
8
1
12
7
13
18
1
13
18
24
19
2
4
24
19
25
30
29
28
27
26
25
30
36
31
32
33
34
35
36
31
1 6 5 4 3 2 1 b e
S.W. COR. POST
COR.
S.E. COR.
FORM No, 255
C
TITLE INSURANCE COMPANY OF MINNESOTA
� 3G
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t /
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t 12
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ABSTRACT OF TITLE
1. --T0 --
The South 2.0 feet of the following described premises:
All that part of Lot 44, Auditor's Subdivision Number 172, Hennepin
County, Minnesota, lying between the Northerly 120 feet thereof and
the Southerly 189.5 feet thereof, EXCEPT the Easterly 3 feet thereof.
ALSO, That part of Lot 44, Auditor's Subdivision Number 172, Hennepin
County, Minnesota, described as follows: Beginning at a point on the
East line of the West 107 feet of said Lot 44, which point is 189.5 feet
North of the South line of said Lot 44; thence South, along said East
line to its intersection with Line "A" described below; thence West along
said Line "A" to its intersection with the West line of said Lot 44;
thence North along said West line, to its intersection with the North line
of the South 189.5 feet of said Lot 44;,thence East, along said North
line to the point of beginning.
ALSO, The South 43.5 feet of the North 166.5 feet of the West 54 feet
of the East 60 feet of Lot 43, Auditor's Subdivision Number 172, Hennepin
County, Minnesota; and
ALSO, The South 2.0 feet of the East 6.0 feet of the North 166.5 feet of
Lot 43, Auditor's Subdivision Number 172, Hennepin County, Minnesota; and
ALSO, That part of Lot 43, Auditor's Subdivision Number 172, Hennepin
County, Minnesota, described as follows: Beginning at a point on the
East line of said Lot 43 distant 166.5 feet South of the North line
thereof; thence South along said East line to its intersection with Line "A"
described below; thence West along said Line "A" to the most Southerly
(continued)
86 Reas
/o
JJ% .
S
At PE
A rod is 1634 feet.
A chain is 66 feet or 4 rods.
go Ae&13
40'e0a$
A mile is 320 rods, 80 chs., or 5,280 ft.
A square rod is 272Y4 square feet.
An acre contains 43,560 square feet.
An acre contains 160 square rods.
8o AcreES
4A Fr
eH,VVs
An acre is about 208> feet square.
40 chains, 160 rods or 2,640 feet.
4c Acats
31 32 33 1 34 1 35 36
3/
' 1
I 20 CAWI -Vs
d2a -er
t3 i S i¢ 3 2/
G
- - -� -- - -L -- ' - -- i - --
-
7 8 9
---- E - - --i ---
/1 /T 16 IS t /fix i 13
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I
19 I 20 1 Z/ 21 i 13 i Z4
/9 i /6
a At�6s
t t i r i
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30 29 ; z s 27 26 IS
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r
if 32 33 ; 34 ' .35 .36
j/ 1
' i t
i
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/ I 6 t .S i 4 1-3
ABSTRACT OF TITLE
1. --T0 --
The South 2.0 feet of the following described premises:
All that part of Lot 44, Auditor's Subdivision Number 172, Hennepin
County, Minnesota, lying between the Northerly 120 feet thereof and
the Southerly 189.5 feet thereof, EXCEPT the Easterly 3 feet thereof.
ALSO, That part of Lot 44, Auditor's Subdivision Number 172, Hennepin
County, Minnesota, described as follows: Beginning at a point on the
East line of the West 107 feet of said Lot 44, which point is 189.5 feet
North of the South line of said Lot 44; thence South, along said East
line to its intersection with Line "A" described below; thence West along
said Line "A" to its intersection with the West line of said Lot 44;
thence North along said West line, to its intersection with the North line
of the South 189.5 feet of said Lot 44;,thence East, along said North
line to the point of beginning.
ALSO, The South 43.5 feet of the North 166.5 feet of the West 54 feet
of the East 60 feet of Lot 43, Auditor's Subdivision Number 172, Hennepin
County, Minnesota; and
ALSO, The South 2.0 feet of the East 6.0 feet of the North 166.5 feet of
Lot 43, Auditor's Subdivision Number 172, Hennepin County, Minnesota; and
ALSO, That part of Lot 43, Auditor's Subdivision Number 172, Hennepin
County, Minnesota, described as follows: Beginning at a point on the
East line of said Lot 43 distant 166.5 feet South of the North line
thereof; thence South along said East line to its intersection with Line "A"
described below; thence West along said Line "A" to the most Southerly
(continued)
(No. 1 continued)
and Easterly corner of Tract A, Registered Land Survey No. 1426, Files
of the Registrar of Titles, Hennepin County, Minnesota; thence North
along the most Easterly line of said Tract A to its intersection with
the South line of the North 166.5 feet of said Lot 43; thence East, along
said South line, to the point of beginning.
Line "A ": A straight line drawn between the most Southerly and Easterly
corner of Tract A, Registered Land Survey No. 1426, Files of the
Registrar of Titles, Hennepin County, Minnesota, and a point on the East
line of the West 107 feet of Lot 44, Auditor's Subdivision Number 172,
Hennepin County, Minnesota, distant 181.05 feet North of the South
line thereof.
2.
H
Y
V
u
1
ti
-* 0
The following certificates appear appended to the plat
shown beloo , which plat was filed for record In the office of the
Register of Deeds, Hennepin Guur:ty, Minnesota, on April 30, 1932 -
at 8;?0 o'clock A.M., as Ducument No. 168440q, and was recorded
In Bork of Govt. Survey Plats, page 20. r
"The above Map of Township No. 28 North, Range No. 24 West
of the 4th Principal Meridian, rinnesota is strictly conformable
to the field notes of the survey thereof on file in this Office,
which have been examined and. a p- ,roved.
Surveyor General's office. Warner Lewis
Dubuque, Feby. 27th 1854 Surr.aenl."
"I hereby certify that the above map is a correct copy of
the original Government Map of Township No. 28 North, Range No.
24 West of the 4th Principal. Meridian.on file in this (iffice.
(The Great Seal of the Mike Holm, Seely of State
State of • Minnesota) St. Paul,ftnn.Aug.31st1931."
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United States
3. to
William 1,1orthington Marvin
4.
Entry No. 13
Dated Oct. 10, 1$55
See Land Office Records on page 11
Southeast 1/4 of Northeast 1/4
and North 1/2 of Southeast 1/4
Section lb, Township 20, Range 24,
containing 120 acres.
The United States Patent
of America Dated June 10, 1857
4, to Filed Apr. 26, 1059
William W. Marvin Book, N of Deeds, page 160
North 1/2 of Southeast 1/11.;
Southeast, 1/4 of Northeast 1/4,
Section 18, Township 20, Range 21�,
containing 120 acres.
' .Jilliam. 'J. I.1arvin 4%Tarranty Deed
5. to Dated 1�ia:� 5, 1_059
Alvah Bull Filed Apr. 26, 1059
Booms N of Deeds, page 162
Consideration .3000.00
North 1/2 of Southeast 114; Southeast 111� of Northeast 1/1�; Section 18,
Tot•;nship 28, ; Zange 24. North,-rest 1/4 of Southwest 1/4., Section 17,
Township 20, Range 24, containing 160 acres.
James A. Bull Affidavit
6. to Dated Apr. 24, 1886
1'1hom It Concerns - Filed July 10, 1086
Boo: 26 of Misc., page 476
That iilliam ;;1. IvIarvin, grantor
in Book N of Deeds, page 162 on Northwest 1/4 of Southwest 1111. of
Section 17, and the Southeast 1/4 of the Northeast 114 of Section 10,
also the North 1/2 of the Southeast 1/4, said Section 18, all in
Toanship 20, Range 24, trras at the time unmarried,
Amorett Ingersoll u'larranty Deed
dilliam H. Ingersoll, husband Dated Feb. 25, 1062
7. to Filed Mar. 17, 1$62
Vfilliam Davis Book T of Deeds, page 104
Consideration " )3.900.00
South 1/2 of Southeast 1/4 of
Section 1$, and the North 1/2 of Northeast 1/1;, of Section 19,
Township 28, Range 2L., containing 1'60 acres.
(Shorn for reference)
-q
'Jilli_am Davis
Mortgage
Sarah Davis, wife
Dated Nov. 22, 1871
8. to
Filed Nov. 23, 1871
Peter ,Jolford
Book 15 of Iqt1;s • , page 386
To secure 1 00.00 t
North 1/2 of the SEA, of
Section 1$, Tovmship 28, Range 24.
Peter dolford
Satisfaction of Mortgage
9. to
recorded in Book 15 of Mtgs.,
',,Iilliam Davis
paZ)e 35-6 (See No. 8)
Dated Nov. 2$, 1,74
Filed Dec. 1, 1874
Book 27 of 1,1to-s. , page 399
County Auditor
10. to
Peter .1oiford
of Section 18, To;rnship 28, Range 21�,
Southeast 1/4 of Section lc;, Tovrnship
Peter 4•4'olford
Mary Ann Jolford, ;rife
11. to
James A. Bull
Section 17, Tov;rnship 28, Ran ,e
and North 1/2 of.Southeast 1g4
Tax Deed
Dated Feb. 12, 1370
Filed Apr. U, 1872
Book 3L; 0 Deec's, pale 3
Southeast 114 of Northeast 1/4
sold for .:; 7.79. North 1/2 o"
283 r Range 21.x. sold fo x,,32.72 etc.
Quit Claim Deed
Dated I'vlay 7, 18'/0
Filed I.iay 7, 1870
Book 26 of Deeds, pave 456
Consideration ;,231.18
Northwest 1/4, of Southwest 1/4,
24; Southeast 1/1r of Northeast 1/4,
of Section 18, To:•rnship 28, Range 24.
Alvah Bull Warranty Deed
Louisa Bull, wife Dated Pay 3, 1875
12. to Filed Eay 31, 1875 ,
H. S. Atchley Book 49 of Deeds, page 200
Consideration )168.00
Commencing at a point in the
center of the Creek, 17 rods South of the center of Section 18,
Township 28, Range 24; thence South 15 rods; thence East 19 rods;
thence North 19 rods; thence est to the center of the creels; thence
up the center of the Creek to the place of beginning,, containing 2 acres,
more or less.
(Shown for reference )
In the Matter of the
Probate Court, Hennepin County,'
13. Estate of
Minnesota Case c`1216
Alvah Bull, deceased
Certified Copy of Decree
Assigning Estate
Dated Oct. 1, .1883
Filed July 10, 1$$6
Book 191 of Deeds, page 511
Debts paid.
That deceased left survivin-
Louisa P. Bull, widow, James A. Bull, son,
George E. Bull, son, Henry C.
Bull, son, Eunice S. 11•,;ather, daughter,
Frank L. Swan, his daughter,
Franl A. Converse and 1,1amie Converse, his
grandchildren, the same being
children of IV:arietta Converse, his
deceased daughter, who are next
of lain and only heirs at law.
FollowinIg remains in hands of
Administrator to be distributed:
Northwest 1/4 of the Southv,est
1/4 of Section 1/, Township 28, Range 24.
Northeast 1/4 of Southeast 1/4
of Section 18, Township 28, Range 24.
Also the Northwest 1/4 of the
Southeast 1/4 of Section 1.5, Township 20,
Range 24, except 2 acres in the
Northwest corner thereof sold by deed
to H. S. Ashley.
Ordered, Adjudged and Decreed
that the same is hereby assigned to
Louisa P. Bull, 113; to James
Bull, 1/9; to George E. Bull, 1/9;
to Henry C. Bull, 1/9; to Eunice
S. Mather, 1/9; to Frank L. Swan, 1/9;
to Frank A. Converse, 1 /i8; and
to Mamie Converse, 1 /18.
Geo. E. Bull
Quit Claim Deed
Mary�A. Bull, wife
Dated July 27, 1$$0
Eunice S. Mlather
Filed Sept. 7, 1$$0
William Y4 ather, husband
Book 89 of Deeds, page 430
" an L. Swan
Consideration $1.00
LZart n D. Swan, husband
Northeast 1 /1F of Southeast 1/4
Henr C. Bull
of Section 18, Township 28,
Minn e E. Bull, wife _
Range 24, containing 40 acres,
1 to
more or less.
Diary! L. Bull
Harr J. Bull
Alva i M. Bull
Coat s P. Bull
Anna B. Bull
i
Louisa P. Bull, widow
tvlarranty Deed
of Alvah Bull, deceased
Dated Mar. 30, 18$2
15. 1 to
Filed June 14, 1884
James A. Bull
Book 150 of Deeds, page 125
Consideration $100.00
Undivided 1/3 of North 1/2 of.
Southeast 1/4 of Soction 1.8,
Township 28, Range 211., except 2 acres
heretofore sold and conveyed
to Henry S. Atchley by deed now on record.
•
Frank A. Converse,
unmarried
16. to
James A. Bull
1.
4""
Quit Claim Deed
Dated Jan. 7, 1884
Filed Tsar.. 3, 1$87
Book 206 of Deeds, page 392
Consideration ;1.00
North 1/2 of Southeast 1/4 of
Section 18, Township 28, Range 24.
May Converse, one of
Quit Claim Deed
the heirs at lair of
Dated July 21,, 1$$5
Alvah Bull, deceased
Filed Mar. 3, 1887
17. to
James A. Bull
Book 206 of Deeds, page 393
Consideration `1.00
North 1/2 of the Southeast 1/4
of Section 18, Township 28,
Range 24.
First party appears as Mamie
Converse in body of instrument.
James A. Bull
18.
Affidavit
to
Dated June 1, 1905
';ghom It Concerns
Filed June 6, 1905
Doc. No. 411404
Boole 105 of Misc., page 33
James A. Bull, being by me first
That he is the grantee in
duly sworn, deposes and says:
the certain Quit Claim Deed recorded in the
Registry of Deeds in, and
for said County in Book 206 of Deeds, page 393,
and that the grantor therein,
May or Mamie Converse, is affiants niece
and well known to affiant
before and after the making of said deed and
that said grantor in said
deed was an unmarried woman at the time of
the execution thereof.
Amie L. Bull Affidavit
19. to Dated Dec. 7, 1905
1.1hom.It Concerns Filed Dec. 12, 1908
Doc. No. 510968 Book 120 of Misc., page 263
Amie L. Bull, being first duly
sworn, deposes and says: That
her true and full name is Amie L. Bull; that she is the widow of James
A. Bull, deceased, late of Edina, Hennepin County, Minnesota, and that
she is the identical_ person named as grantee in the certain Warranty
Deed recorded in the office of the Register of Deeds in and for said
Hennepin. County, Minnesota, in Book 89 of Deeds, page 427, wherein and
whereby George E. Bull and Mary A. Bull, his wife, Eunice S. A4ather
and Jilliam l•iather, her husband, and others, convey to affiant the
certain lands in said Hennepin County, Minnesota described as follows.'
to -Hit: The Southeast 1/4 of the Northeast 11t, of Section 1$,
Township 28, Range 24, and that in recording said deed in said office
in the Book and Page aforesaid, the copyist erroneously copied affiant's
name as grantee "Annie L. Bull" instead of Amie L. Bull, as shown in
said deed and as it should have been in said records.
Continued
(Entry No. 19 continued)
That affiant has made diligent search for said original deed in
order that the same may be re- recorded, but has been unable to find
the same and that said deed appears to be lost. A°fiant further
says that Iflamie Converse named as one of the Distributees in the
Decree of Distribution in the estate of Alvah Bull, deceased, as
recorded in the Probate Court records in said County in Docket T on
page 322, and the lay Converse named as grantor in the certain Quit
Claim Deed recorded in the office of Register of Deeds aforesaid
in Boo'.. 20.6 of Deeds, page 393 are one and the same person, and that
said Mamie or May Converse was a single woman at the date of the
execution of said deed of offiant's own personal knowledge.
In the I,rtatter of the
20. Incorporation of
The Village of Edina
Doc. No. 69940
In the I1atter of the
21. Incorporation of
Village of Edina
Doc. No. 69984
Petition
Dated Oct. 27, 1888
Filed Dec. 17, 1888
Boo':: 4:0 of 1.1i sc. , page 106
Includes land in Entry No. 1, etc.
Petition and Affidavit- of
Petitioners
Dated Oct,. 27, 1888
Filed Dec. 17, 1888
File No. 501P
Includes land in Wintry No. 1,
In the I'vIatter of the
Petition
1.
Dated Oct. 27, 1888
the Village of Edina
Filed Dec. 17, 1888
Doc. No. 69985
File No. 504
Includes land in Entry No. 1, etc.
In the I,-atter of the
Probate Court
(Entry No. 19 continued)
That affiant has made diligent search for said original deed in
order that the same may be re- recorded, but has been unable to find
the same and that said deed appears to be lost. A°fiant further
says that Iflamie Converse named as one of the Distributees in the
Decree of Distribution in the estate of Alvah Bull, deceased, as
recorded in the Probate Court records in said County in Docket T on
page 322, and the lay Converse named as grantor in the certain Quit
Claim Deed recorded in the office of Register of Deeds aforesaid
in Boo'.. 20.6 of Deeds, page 393 are one and the same person, and that
said Mamie or May Converse was a single woman at the date of the
execution of said deed of offiant's own personal knowledge.
In the I,rtatter of the
20. Incorporation of
The Village of Edina
Doc. No. 69940
In the I1atter of the
21. Incorporation of
Village of Edina
Doc. No. 69984
Petition
Dated Oct. 27, 1888
Filed Dec. 17, 1888
Boo':: 4:0 of 1.1i sc. , page 106
Includes land in Entry No. 1, etc.
Petition and Affidavit- of
Petitioners
Dated Oct,. 27, 1888
Filed Dec. 17, 1888
File No. 501P
Includes land in Wintry No. 1,
In the I'vIatter of the
Petition
22. Incorporation of
Dated Oct. 27, 1888
the Village of Edina
Filed Dec. 17, 1888
Doc. No. 69985
File No. 504
Includes land in Entry No. 1, etc.
In the I,-atter of the
Probate Court
23. Estate of
Hennepin County, I,Iinnesota
Anna B. Bull, deceased
Decree of Distribution
Doc. No. 97500
Dated July 18, 1$89
Filed Oct. 2, 1£3$9
Book 299 of Deeds, page 65
Assigns undivided 1/9 of
the Northeast 1/4 of the Southeast 1/4 of
Section 15, Township 28,
Range 24, to her father, James A. Bull, as
her next and only heir.
James Harry Bull,
unmarried
24. to
Mary L. Bull
Doc. No. 2$777$
Warranty Deed
Dated Aug. 20, 1$96
Filed Dec. 31, 1898.
Book 502 of Deeds, page 486
Consideration "115.00 etc.
Undivided 1/9 of Northeast 1/4
of the Southeast 114 of
Section 1$, Township 2$, Range 24.
J. Harry Bull Quit Claim Deed
Lillian �d. Bull, wife Dated June 1, 1905
25. to Filed Nov. 9, 1905
Mary L. Bull Book 5$3 of Deeds, page 556
Doc. No. 122920 Consideration *1.00
Undivided 1/9 of the Northeast 1/4-
of Southeast 1 /1{ of Section 1$,
Township 2$, Ran- e 24. This deed is given to correct deeds recorded in
.Book 502 of Deeds, page 486, and Book $9 of Deeds, page 430.
James A. Bull Affidavit
26. 1 to Dated May 19, 1905
';;hom It Concerns Filed Iiay 20, 1905
Doc. No. 41.013$ Boo'_: 105 of Misc., page 22
James A. Bull, being by me,first
duly sworn, deposes and says:
That the person named as Harry J. Bull or Harry Jaraes Bu7.1, one of the
grantees in that certain Quit Claim Deed recorded in Book $9 of Deeds,
page 430 in the office of the Register of Deeds in and for said County,
and the person named as James Harry Bull, as grantor in the certain
Tarrant-y Deed recorded in said office in Book 502 of Deeds, page 486, are one and the same person-and the son of affiant. Affiant further
says that the person named in the certain Decree of Distribution found
in the Probate Court records in said County in Docket 'IT" on page 322
as P.amie Converse, one of the distributees in said Decree, and the
person named in the certain Quit Claim Deed recorded in said office in
Book 206 of Deeds, page 393 as 1.1amie Converse in both body of deed
and acknowledgment but signing as grantor as May Converse are one and
the same person and affiant's niece. This affidavit is made for the
purpose o:i reconciling the names of parties formerly owning and
conveying their respective interests in and to the certain lands
described in said instruments above referred to herein, to -wit: The
North 1/2 of the Southeast 1/4 of Section 1$, Township 2$, Range 21f, in
said County.
27. James A. lull
`nrr,-,-ty "Deod
Annie L. lull, ,,rife
Coates P. I.lull
Filed June 1, 5, 1?:15
Lotto I la (3 T"I u 11 Yr13 e
730ok '102 ol' Da-,3, , 7 nage ) 75
.9
Con 7, i I' C-1 t 011
L, din null, e
t noint ?X) fe3t
r y L. 'Pull sir. 1e
;oFt o.' po-t or tilo,
to
0 ct 10 lire 3,3rtiollr; 17
71nud Leniiieux
I
d 1:1 24;
Doc- "o. 41102
IG n c e 1,,40 fi::,et on rind
r Ton- !- 3 lir 7 V- tweel the ""Orth-
enst 1/4 7,11cl the louthe, , �st 1/4
of said 3ection 1 thlence right arigies fect, ti,,ence
-it ri-lit 44")
-?"()
t1na"ice -,t ri�rl-t aj-,- -!7, T'orth
I-Ic
feet to of
cor"tai►lirir' 4 more Or less :
all in Said )�),nion I,I.
"I
28. I'raid Lemieux
LAwnzrd Lemieux, husbp.nd D at- e d ' Fr'ay ;,5,
to Ziled u" "W) 5,
JnTtvas A. !",ull
'o o; of 't f 134
Doc. !.To. 411S`4 secur,7) w�vn��Ijt of 5n'.)-00
Due on or Oalorn- 3 years 6, semi.
Commaiicinf-r, at a noint 22i) feat
!'.'est of the nurirter post on the
18 e
section lire between .33ections 17 an,d "o�,:ns>1-ii-i 2
thence 44,) feet on and alon7
, the line bc�tl;:celi the 11'orthen!�it
1/4 and tiie 3outl.ienst 1/4 of said 0'action 1 ",, tha-c'ice at ri-ht angles
'Outh at ri-i-it nnf,' ,s LrZ:.O cit
L
righ
17ort.h to the 0 -1, t o A he;--J.1!n1njr, containing
4 acres, more or less, all in Section 1;1.
29. In the 17atter of the
L,state of
J,' e S A. Blull, Dccon�-,edl
Doc. 1'o. 477()5'�
Probate Court
fler",-lopin Count"- 111-ir"ne"Sota
1j 9
Certified Copy. of Letters
of
J"'-!ted JI)AY
�A
711,_,d Jul,, '11.53, 7:01
i'ourc lj"_ o1'
41.1
.0 Aivr:!] 'If. 'lull 'I"'d Cot-tes P.
, I nii, -tors
1-'Ull 11. �
1 (1 nistr,'
30. Alw?h ?% Bull
::satisfaction of
U T�ortgag e
recorded in
Contes P. Dull,
CD
Dook 575 of Mtgs., nage
134
Adr-A-i,,istr,.-:,ors of the
(-)9e *'o'
of u 1
0 lJ I
t o
1-: 4'( ' of )n
4
d Lemieux
Doc. !'o. 4,,;771_>5
31. 11"U64 Lcl�li eux
o r i Fraj
Award Lemieux,
J. ", t e d
husbtind tend wife
7iled Jul 11', 1()r)" 4:4",)
Y
to
T' o 0 1 of "Ttp's. , ""f7.0
?()5
The Ti n
To secure 4 0 ner contract.
Prd Loan Associntion
Coriimenclng 22.) feet Jest
of the
Doc. L'o. 4,7T'6
" T
orthe,s� corner O. tl)e
Soutll-
(,ast 14 of 3,3'ction
To,,' rnshiy)
244, tl',ence
feet;
thence South J.R) feet; thence
past ')30 feet; ti-,olice Tio. th
3` o feet
t C be
P. The i
P-nd Lo, n A'c,;oci'-)'ti'D""
to
ud
'45
r
recorded in
T'001,-
7'11 6�d I' , I
r). Tl.
of
555',
311.- T",ud Lemieux
-:�dw,arrl Lemieux, 'f,us,1-nrd
to
'The "ilineaT)olis .3,7vinf,:.3
d
Lo,, r; A�soci do
Doc. T'oi, :55 646
Towns1hip thence "'est
thence "sast 31"0 feet: thence r"orth
34. Th�) l'innea-)olis 31"Vin-73
and Lo,-111 j I -,ssociotion
G o
T'r!ud Lemieux
dward LeAeux
Doc. T"o. 645120
35. Dru,_,r Lumber
VS.
.3dv., rJ Le,-A,=
Doc. Po- 61r))50
Tort a
)
1rltcd 1. L U 11 11)
,,, - 1 o 7- J I , ' p
Filed A,)rJ.1 1(.1)10.9 4.:LY5 p.m.
Cbmmencin -, at noint 220 feet
of t
'es- 1. F
[I � -- ortlhe�st cor,)er of
the Snutbe,-'st 1/4 of 3ection 1'1..
3 ')j () feet; t h e , 1 c e, South 11 () 6 feet:
39 6 f e -L- t t- o p o i nt of 1) e f� i n li i i i g.
cl ion of "ortgige recorded in
'o
0-0- 6 = of n': !?,,e 195
rl
1(:30e 11o. "?3 Onted 'u,,ust 1-4, 1.01?
Filad Au-jart 14, Y)1.., 1:35 T.) - m
`31 C) 0 1C 71 of' T%'-s-, i)ai-rc 247
0.
Fit. d 7 0-Ir. 0 '):50 a.m.
of 5,`5
C M
-aim: `35 °35°
I -TF, pt -')pint 2o0 feet
" -
Ost 01, 1v lie qu:,rter post on
section l.ir,e betwoen Sections 17 an(,' 1,'_), ril
Rnrge 94;
tlience ',,,Iest 440 feat on said line; thence nt rigl -it nnr-ler, South
:-t ri7,111t f; rat
36. Bruer Y_);ros. Luinber Oomn^ry
to
,dw,_ird Leiiieux
Doc. "o. 755341
37. Bruer '!,Xos. Lumber
Vi.
A. b. :loss
Oust A1111)er,-,
111nude Lemieux
Lemieux
,inriea,polJ7:, ':')Pvings
LOCIUl
Doc. .'!0. 644319
R,,Jjf,e 24; t`l,-.rce
ro
.3auth 3,1`6 _.Cet;
rij-,',i'u- all!rl'_13 IL'orth
3^.tis""'ctiozi of 'Ilech,"ics Lien recorded
ii, `"Ook 3'' of Liens, nape 5,'15
i'o.
iryt('d In14
:'iced 7"t-iy 1'7, 19-15, 1;50
J)ook 51 of Liens, page
Company Lis Pendens
Dut-2d Au,r,,u5t 1. _1912
mild Aii.-u5t 1 1912, 11:45 a.m.
look '43 of nr-e 5:,3
Q Inor-"CTO:;e '1'Tcchanicr, Lion in
T'ook 3,3) of Liens, nag 5,)5
That part of Section 1: Town,,,_,iii-p
24, t a
point 220 ni t of the nuarter
post or; line oetv:een
3?'C'Elion7, 17 and 1`', 11( 'hil
44') J.'aet on 73,-id -f�hc,.)ce nt right
at ri,--,Iit M-1I71CiS 440 foc, thence lwt
feet to .I,
3�- Druer 'Bros. Lunber Corapnny
to
J. ROSS, et al-
Doc. Vo. 75534?
Discl--rr.-,e
ol' Lis
recorded in
Poo] 743
of it_,.,
),,)ge
5�" (See "o. 37)
Dated !ray
2:1,, 1'-) 14
fled i I '..-
1',`; 1:'15,
1:5,')
jF),0017- 147
Of T' �J, T-!-, .
5"r)
3 9
-.7:irr,nty Deed
2dward Lemieux, her hwbandf
Dpted AU7.
lnl,?
Lo
Oiled. Arq. UP
1012, 1:15 0-m-
I 'Tilliam J. johnson
Pock 71,1 K toads,
page 112
Doc. A. 645431
consid0ation
AM.%
comm3nCY7 at
a point 220 fact West of
the Fortlicast corner of the
Southoast 1/4 of Soction
112 Townuhip 21,
Range 24; thenco Test 110 feat;
thence 3outh.391
:ac t;,th3nce Enst 110
feat; theDca Vort> 396 fact
to thy: point of beginning.
40•
Willirm J. johnso-.--t
Warranty Dead
Rose A. Johnscno his wife
jutcd Q0C. 17,
Q1.3
I -"Q_
Til2d Jan. 221
1910 11:55
Norman G. Church
Dock 750 of Deeds,
Page 430
Doc. Po. 702979
Consideration
1.00 etc.
3ame promisas
as in Vo. 39.
41.
Tormpn G. Church, single
to
, ntad Doc. K,
101-�
7illinm J. Johnson
Tilcd Kc. Ia,
1913P 10:30 r.m.
Doc. ro. 69076
Pock 717 of "t--
"".qnq,
Page 551
To secure b.0.0
Due in 5 yenrs,
V semi.
fame premises
as in Mo. 39.
42.
Villiam J. Johqyon-
D
"arOwni vicurded 011
to
Forman C. Church
(jaw Vo. 41)
Doc. Yo. X10 0 59
Oted On 319
1?1:"
Filed Jan. 31,
lgil, 11:15 a.m.
Freyises as in
yo. 39.
nook 991 of Ntgs.,
page A
43. Forbiand Fine Company
VS.
7orman C. Church
Doc. Teo. 716001
44• Yorthland Pine Comnany
to
!'orman C. Church
Doc. To. 700107
45. Hennepin Lumber Compnny
Vs.
"lorr
nai C. Cl.,urch
Doc. 7o. 0502
YaChnniW
Dated Jan
Yi1ed Jan
Book 60 0
Amount of
Lien.
5, 1016
n-m-
P Lions angy 334
cirtm !07.0
3ame promises ns in ro. 39
3atisfaction of Lien recorded in
Pook 60 of Liens, Page 334
(3ee To. 43
Doted Fah. 14, 016
Bled 70b. 14, 176, 4:0 n.m.
5ook 63 of Lions, Pago `'
!Vchnnics Linn
Dated Jan. 1917
111nd Jan. 1917, 0:00 D.m.
look 65 of Lionsf arvo 06
1nourt nf ClPin 464-0 39.
Same premi5wn v5 dn Co.
i
46.
Hennepin Lumber Corgi, nny
atis0c5i6n of Mechanics Lien recorded
Hy Yrnest 7. mitll
in book 55 Of Liens, page 216
( Corporate Seal)
We .'o. 45 )
to
Dated Wo 119
Orman C. Church
Filed Ju:;e ?'� l�?1'' � � ;;
:, r 3 :15 p. I•
Doc. Yo. 853175
,
2ooL 63 of Liens, page 637
47•
;'orman C. -Church, widotitier
Contract- for Deed
to
Dated June 27,
Isnnc ''hittl e
'Filed June 29 � 91 0: 5
-i 7s 1'�.._..> t'..1'1.
DOC. P'O. ir?r? ?
'`�O .i: "� Of' IiOT','-
Considornt lon :1550.0 -0
n er T n1r -�- ,c 4' 1
Of the t.cr l',.loast corner o the
Commencing at r`?. point r 2 �n1 foot �r
� � r , i O.L.It .,r.. f_E.L l�,E..�t
Southe st 1/4 O.. `auction In. To'vinshih
, Lanq 24; theice West 110 feet; thenca South 19 6 feet; thy. nce ;Jest
11� feet; thence Forth 396 foot to the point of beginnih g.
T
Norman C. Church
T.'^r raJ1ty Deed
;'ellie Church, Wi''%
". Ged inn. `, 1911
to
;,riled inn. 25, 1010, 3 :20 n.s.
Isnoc 7hi.ttla
r OOC 32 of Deeds, pave >ij
Doc. *o. OWN
Consideration 1550.00
Premises as in Fo. 39.
Subject to p "ortgage of 610.00
49:
Isnnc 7hi-ttle tend
.
Wnrrnnty Deed
Rebeccn Tiutlq, wife
1 .,;d ,. .' D I j
ro
iled f, �T ? ;P I,.1
.
J'All, '.' tti: ri :d
'ook 3 of needs, 451
Page r��� 1, v
Christ-,inne 7. Yttin go
:01s de r,t1Q1 1600.00
husband akd wife$ ^.s;
Premises as in ''o. 3n.
joint tenngts
Subject to sp =ecial assessments.
Doc. ro. 90546
j546
50.
John ^nd
11ort age
Christi.ane V. Patting, wife
Opted April 25, 1919
to
Filed by 6; 101% 10:41 a,m.
Isnnc Vhittle
70ok 1011 of 7tr.;s., ;>nFe 290
Doc- Fo. ,, ?6.64,`,
To securc pays ei]t Of 00.00.
due April 25, 1922
r
,.t 0" !7='i.
Corr, akin*- nt a roi„t 121
'.'est of Portherst cornar of
;eon l sfeet
Southeast /1, W.J. '_onn-
shi p 10, Rnn a 24, thence Yo.sr
,
110 -{ ee t, t>o, ce A hu; h 396 feet;
thence Wst 110 feet thence Forth
725 feet, to her inn' �nOi r,r�
;, part of nst 1/2 of_ Forthe, st
1/4 of Southenst 1_/4 of ;;pct?_: n
18; ri'ownshin 21, }i' age 24.
51
is.^ac hi tl -�
30 s ti.�f oc t ior, W i "or•tg^pe recorded in
to
look loll of Vt7 s., page '-W
John Nottivq and
Wee yo. 50)
Christine 7. Anttinj , his wife
Doted Oct • n5, !` , ")
Doc. 70. 100200
"iled Oct. :'5, 1 ,,. 19 1:10 0 ,� ,
" �
Ylll•
Book 1070 of W3., page 116.
All
52. 7
orn 1-`-Y 5u.-.v--wt
Charles 1% Dumort
C)"Or."; C il s
I s P :, C C. C u v C I r
to
The Public
Doc. 7o.
husband
53. County ,;urv,-yc,,r,
L
iiennenir, Coun-y, 'T2--n,.:Fota
to
'-Phe Puhlic
Doc. T'o. 144,,-)04:)
• •
P11 t of: 11 ?teve-,-',S lst -Addition
tc
,)�-ted June
i l , d J, 11'1?9 -.mO
.....brace or t -I I-A. of ",6st lj,?
of Tort.neast 1/4 of 3outhea!-)t 1/4
of Sect-i_01: 1,
-) e 24.
Flocks 1 and 2, contnining 7 lots
ec C11.
k '
3"z iom -i fo.,-- refere-.,ce,'
Pl-,-It Subdivision
a t e d
F
file. d
.,3001: Llj� of p:-Fe 110
, -G o 1/4 m-A
1/ 4 01 South,,.,,,rt 1/4
O-L(,
Cli-
r15 7 t (I d -11- i on
CG!'-
Lots nwm.bered 1. to 63,
inclusive.
IT ealti,, Deo.,irl-ment
54. In the !'ntter of tya Q $
Death o f City of I'linneanolis
John j1,ntt1-,,r (ertifi-. 'nrr ,f
Doc. -0. 1 Lc!d c, e i t r
Book of 1—ise., a ^ere GS
1 �)-T.4 rm,�cr, °,Veliiue f3o.
.';hows th-it h-ti dier,,
C01 01': ' 111te; hUS1,,"-;1.d of Age: L:; years, 3 days;
()Cell -),,,t jor,:
Ccrtifi-.:d Lo < ^S core ---?ctu coy-,,y April ln4") 1-,y Gunkle,
Dev Cal)
ije:)uty Locc.l F�, -L s- r �� r Ne,11th rtr,,ient .3
55. Christie ie I'l. A. ILI'i d, -- v i t-
to Dated Anril 2?
9 l•`40
In 0 1! 1 1t Co:-,,Cer]1!-- F 11 e d y 2, 1'. I,-C,
-2001: Of 71i 3c.
Doc. T'o. 30")
first duly 5�-,orii de!)O,,-, w-it) S,-Ys
vilho cile., -;,cember
thnt, S` )e is 1;1-ie i d m,- of John 11,�tt,-L- J. lj, 1 2 19?.
loint of Lot, 44, Audit or 9 s
".1iPt the -,-�id Johi, was P
)ubd f aud is the
-ivi5ion 17-� Viil-1,�,e o`
I - County 0
same person as the Jolr: P,-tting in the cotta coed Certificr)te
of D e,7 t, i . 1'1h -u tl,-A affj.d,-!vit is made for the puroose. of clearinf..-,
thy: title to the nl-iove mew.ioTied
to t-�fore L. L. ;,ot-ry Public C"otnrial
• •
Maud Lemieux, Warranty Deed
Edward Lemieux, husband Dated August 11, 1915
56. to Filed August 16, 1915
Lewis W. Powers Book 787 of Deeds, page 514.
Doc. No. 766465 Consideration $2750.00
Commencing at a point 330 feet
17 and 18, Townwhip 28, Range 24; then
line between the Northeast 1/4 and the
thence at right angles south 396 feet;
220 feet; thence at right angles north
beginning. Containing 2 acres more or
Lewis W. Powers,
Winnifrid B. Powers,
wife
57. to
Charles Beguhn
Doc. No. 766466
In the Matter of the
58. Estate of
Charles Beguhn,
Doc. No. 927943
west of the quarter post on
Section line between Section
:!e west 220 feet on and along the
Southeast 1/4 of said Section 18;
thence at right angles east
396 feet to the place of
less.
Mortgage
Dated July 20, 1915
Filed August 16, 1915
Book 866 of Mtgs., page 109
To secure payment of $1100.00
Probate Court, Hennepin Co., Minn.
Certified Copy Letters of
Deceased Administration
Dated Jan. 23, 1919
Filed May 15, 1919
Book 182 of Misc., page 400
To D. H. Morgan.
D. H. Morgan,
Administrator of the
Estate of Charles
Beguhn, deceased
59• to
Joseph Beguhn
Doc. No. 951352
In the Matter of the
60. Estate of
Joseph Beguhn, Deceased
Doc. No. 1068889
Assignment of Mortgage recorded in
Book 866 of Mtgs., page 109.
(See No. 57)
Dated August 25, 1919
Filed Oct. 29, 1919
Book 1065 of Mtgs., page 521.
Consideration $1.00
Probate Court, County of Dunn,
State of Wisconsin
Certified Copy Letters
Testamentary or of Administration
with Will annexed.
Dated Jan. 6, 1922
Filed Feb. 17, 1922
Book 208 of Misc., page 505.
To H. W. Quilling.
•
H. W. Quilling
Executor of the Estate
of Joseph Beguhn, Deceased
61. to
Lewis W. Powers and wife
Doc. No. 1078321
Satisfaction of Mortgage recorded
in Book 866 of Mtgs., page 109.
(See No. 57)
Dated April 19, 1922
Filed April 26, 1922
Book 1117 of Mtgs., page 582.
(continued)
Lewis W. Powers and
Mortgage
Winnifrid B. Powers,
Dated April 19, 1922
husband and wife
Filed April 21, 1922
62.
to
Book 1157 of Mtgs., page 18.
Investors Syndicate
To secure payment of $1200.00
Doc. No. 1077463
Investors Syndicate
Satisfaction of Mortgage recorded
63.
to
in Book 1157 of Mtgs., page 18.
Lewis W. Powers
(See No. 62)
and wife
Dated June 7, 1935
Doc. No. 1963805
Filed February 23, 1939
Book 1954 of Mtgs., page 639•
Lewis W. Powers and
Warranty Deed
Winnifred B. Powers,
Dated March 2, 1939
husband and wife
Filed April 14, 1939
64.
to
Book 1504 of Deeds, page 117.
Ruben Erickson and
Consideration $1.00, etc.
Hazel M. Erickson,
The East 60 feet of Lot 43,
husband and wife,
Auditor's Subdivision Number 172,
as joint tenants.
including all of first parties'
Doc. No. 1968589
right, title and interest in and
to any part of any street or alley
adjacent to said premises,
vacated or to be vacated.
Subject to building and zoning
laws and to restrictions of record,
if any.
By and Between:
Easement and Lease
Reuben F. Erickson and
Dated August 6, 1940
Hazel Erickson, his wife,
Filed December 23, 1940
parties of the lst part
Book 1490 of Deeds, page 212.
65.
and
Whereas, the lst parties are the
Edina Theatre Corporation,
owners of that certain tract or
party of the 2nd part.
parcel of land described as
Doc. No. 2068449
follows, to wit: Easterly 60
feet of Lot 43, Auditor's
Subdivision 172 Village of Edina
And whereas, the 2nd party is the
purchaser under contract for deed of
that certain tract and parcel of
land adjoining the aforesaid property
of the lst parties and described
as follows, to wit: Lot 44 Auditor's
Subdivision 172 Village of Edina.
And whereas, there is now located on
the Northerly end of the property of
the lst parties a certain building, the
rear wall of which is
approximately 77 feet 11 inches from
the Northerly line of said Lot 43 and
Whereas the lst parties maintain a portion
of the aforesaid premises
owned by them as a parking lot in connection
with the aforesaid building,
(continued)
0
(No. 65 continued)
said parking lot being approximately 60 feet wide and 55 feet deep,
immediately adjoining the rear of said building, and Whereas, it is the
desire of the parties hereto to create a roadway between their respective
parcels of land, to be used jointly by them for ingress to and egress
from their respective properties to the public highway known as West 50th
Street, Now therefore (1) the lst parties grant to the 2nd party the
right and easement to use for right of way purposes in common with
themselves, that part of the Northeasterly portion of the premises owned
by the lst parties immediately adjoining the premises of the 2nd party,
consisting of a strip of land 9 feet wide and extending along the
Easterly lot line of said Lot 43 a distance of 140 feet from the
Northeasterly corner thereof; and the 2nd party grants to the lst parties
the right and easement to use, for right of way purposes in common with
itself, that part of the Northwesterly portion of the premises owned by
the 2nd party immediately adjoining the premises of the lst parties,
consisting of a strip of land 9 feet wide and extending along the
Westerly lot line of said Lot 44 a distance of 140 feet from the
Northwesterly corner thereof. It is the purpose and intention of the
parties hereto to create reciprocal easements over their respective
properties, for the purpose of creating and establishing thereon a roadway
18 feet wide and 140 feet deep, for their joint use, for access to and
egress from their respective properties to the public highway adjoining
the same on the Northerly side thereof, known as West 50th Street.
(2) The reciprocal easements created hereby shall continue in full
force and effect up to and including September 1, 1959, and the
respective rights acquired pursuant hereto by each of the parties hereto
in the premises owned by the other shall cease and terminate, and the
easements created hereby shall expire on September 1, 1959•
(3) Each of the parties hereto covenants and agrees, for the duration of
said right of way, to keep and maintain the portion of the roadway
located on their respective premises in good repair, and free and clear
of all obstruction.
(4) In Further consideration of these presents, the lst parties demise,
lease and let to the 2nd party the rear 223 feet of the aforesaid
premises now owned by the lst parties, for a term expiring September 1,
1959, for the following purposes, to wit: Parking Purposes. The 2nd
party will keep and maintain said premises, during said term, at their
own cost and expense and without any liability or obligation therefor
on the lst parties, Provided, however, that if the lst parties shall, at
any time during the term hereof, extend the present building now located
on the front portion of the premises of the lst parties, or make any
additions to the rear of said building, then, and in such event, the 2nd
party agrees to release to the lst parties, free and clear from said lease,
such portion of the Northerly end of such demised premises as may be
equal to the number of feet of the premises adjoining the demised space
which may be occupied by such extension or addition, as the case may be.
This agreement and the covenants herein contained shall run with the land,
and shall inure to the benefit of and be binding upon the respective
parties hereto, their heirs, executors, administrators, successors and
assigns.
Reuben F. Erickson, also
known as Ruben Erickson, and
Hazel M. Erickson, also
known as Hazel Erickson,
husband and wife
66. to
Harry C. Jensen and Daisy
G. Jensen, husband and wife,
as joint tenants.
Doc.No. 2289297
of Deeds, on page 212, wherein Edina
except an easement and lease running
between Reuben F. Erickson and Hazel
Corporation, which easement was filed
in Book 1490 of Deeds, page 212, gran
Corporation an easement for the use o
portion of the herein described premi
Revenue Stamps $22.00
Harry C.
Daisy G.
67. to
Lutheran
(Minneso
Doc. No.
Jensen and
Jensen, his wife
Brotherhood
to Corporation)
2288349
Lutheran Brotherhood
(Minnesota Corporation)
(Corporate Seal)
68. to
Harry C. Jensen and wife
Doc. No. 2554396
Harry C.
Daisy G.
69. to
Lutheran
(Minneso
Doc. No.
Jensen and
Jensen, his wife
Brotherhood
to Corporation)
2463367
Lutheran Brotherhood
(Minnesota Corporation)
(Corporate Seal)
70. to
Harry C. Jensen and
Daisy G. Jensen,
his wife
• •
Warranty Deed
Dated June 1, 1945
Filed June 1, 1945
Book 1698 of Deeds, page 479
Consideration $1.00, etc.
The East 60 feet of Lot 43,
Auditor's Subdivision Number One
Hundred Seventy -two (172),
together with all rights acquired
by the parties of the lst part
herein under that certain easement
filed on the 23rd day of December
1940, and recorded in Book 1490
Theater Corporation is grantor,
with the land dated August 6, 1940,
Erickson and Edina Theater
on the 23rd day of December 1940,
ting to said Edina Theater
f the Easterly 9 feet and the rear
ses for driveway and parking purposes.
Mortgage
Dated April 18, 1945
Filed May 26, 1945
Book 2211 of Mtgs., page 100.
To secure payment of $10,000.00
Satisfaction of Mortgage recorded
in Book 2211 of Mtgs., page 100.
(See No. 67)
Dated Jan. 17, 1949
Filed Apr. 6, 1949
Book 2407 of Mtgs., page 631.
Mortgage
Dated Sept. 22, 1947
Filed Sept. 24, 1947
Book 2299 of Mtgs., page 71.
To secure payment of $12,000.00
Satisfaction of Mortgage recorded
in Book 2299 of Mtgs., page 71.
(See No. 69)
Dated February 21, 1969
Filed May 9, 1969
Book 69 of Hennepin County
Records, page 3774127.
i
Harry C.
Daisy G.
71. to
Lutheran
(Minneso
Doc. No.
Jensen and
Jensen, his wife
Brotherhood
to Corporation)
2512354
Lutheran Brotherhood
(Minnesota Corporation)
(Corporate Seal)
72. to
Harry C. Jensen and
Daisy G. Jensen,
his wife
Harry C. Jensen and
Daisy G. Jensen,
husband and wife
73. to
Lutheran Brotherhood
(Minnesota Corporation)
Doc. No. 2827043
Lutheran Brotherhood
(Minnesota Corporation)
(Corporate Seal)
74. to
Harry C. Jensen and
Daisy G. Jensen,
husband and wife
Harry C. Jensen and
Daisy G. Jensen,
husband and wife
75. to
Lutheran Brotherhood
(Minnesota Corporation)
Doc. No. 2907371
Lutheran Brotherhood
(Minnesota Corporation)
(Corporate Seal)
76. to
Harry C. Jensen and
Daisy G. Jensen,
husband and wife
r1
• •
Mortgage
Dated July 2, 1948
Filed July 8, 1948
Book 2361 of Mtgs., page 144.
To secure payment of $1,500.00
Satisfaction of Mortgage recorded
in Book 2361 of Mtgs., page 144.
(See No. 71)
Dated February 21, 1969
Filed May 9, 1969
Book 69 of Hennepin County
Records, page 3774128.
Mortgage
Dated Aug. 10, 1953
Filed Aug. 10, 1953
Book 2718 of Mtgs., page 271.
To secure payment of $19,500.00
Satisfaction of Mortgage recorded
in Book 2718 of Mtgs., page 271.
(See No. 73)
Dated February 21, 1969
Filed May 9, 1969
Book 69 of Hennepin County
Records, page 3774126.
Mortgage
Dated Nov. 1, 1954
Filed Nov. 3, 1954
Book 2813 of Mtgs., page 229.
To secure payment of $25,000.00
Partial Release of Mortgage
recorded in Book 2813 of Mtgs.,
page 229. (See No. 75)
Dated February 21, 1969
Filed May 9, 1969
Book 69 of Hennepin County
Records, page 3774129
Valuable Consideration
•
Lutheran Brotherhood
(Minnesota Corporation)
(Corporate Seal)
77. to
Harry C. Jensen and
Daisy G. Jensen,
husband and wife
Harry C. Jensen and
Daisy G. Jensen,
husband and wife
78. to
Lutheran Brotherhood
(Minnesota Corporation)
Doc. No. 3017863
Lutheran Brotherhood
(Minnesota Corporation)
(Corporate Seal)
79. to
Harry C. Jensen and
Daisy G. Jensen,
husband and wife
In the Matter of the
80. Death of
Harry Christian Jensen
Doc. No. 3652661
i
Satisfaction of Mortgage recorded
in Book 2813 of Mtgs., page 229.
(See No. 75)
Dated August 13, 1969
Filed August 14, 1969
Book 69 of Hennepin County
Records, page 3789704.
Mortgage
Dated June 19, 1956
Filed July 16, 1956
Book 2950 of Mtgs., page 183.
To secure payment of $15,000.00
Satisfaction of Mortgage recorded
in Book 2950 of Mtgs., page 183.
(See No. 78)
Dated January 29, 1970
Filed February 2, 1970
Book 70 of Hennepin County
Records, page 3817224.
Florida State Board of Health
Certified Copy Death Certificate
Dated Jan. 3, 1966
Filed April 26, 1967
Book 1068 of Misc., page 333.
Shows that he died Jan. 2, 1966.
Daisy G. Jensen Affidavit
81. to Dated Nov. 12, 1966
Whom It Concerns Filed April 26, 1967
Doc. No. 3652661 Book 1068 of Misc., page 333.
Estate of Harry C. Jensen AKA
Harry Christian Jensen, deceased.
Daisy G. Jensen, of Edina, Minnesota, being duly sworn, on oath says
that she is the surviving joint tenant of the decedent named herein.
That Harry C. Jensen died on the 2nd day of January, 1966, at the age of
71 years at North Miami Beach, State of Florida, with residence at 3951
W. 49th St., Edina, County of Hennepin, State of Minnesota. That a duly
certified copy of the record of his death as contained herein or attached
hereto is made a part hereof.
That said decedent at and prior to death was the owner of an interest as
joint tenant in the hereinafter described property in which the following
named person is surviving joint tenant or remainderman.
Name Age Relationship to Decedent Residence
Daisy G. Jensen 69 wife 3951 W. 49th Street,
Edina
(continued)
6
(No. 81 continued)
That the respective interests of decedent and survivor as joint tenants
were created by an instrument of conveyance dated June 1, 1945, and
filed for record June 1, 1945, and recorded in the office of the Register
of Deeds of Hennepin County, Minnesota, in Book 1698 of Deeds, page 479
in the following described property, to-wit:
The East 60 feet of Lot 43, Auditor's Subdivision No. 172, together with
all rights acquired under that certain easement filed December 23, 1940
and recorded in Book 1490 of Deeds at page 212.
That no part of the above property was the homestead of decedent unless
so specified in the description. That affiant has disclosed to the
Commissioner of Taxation all transfers of property from the decedent to
any beneficiary of which affiant has knowledge or information, which
transfers may be subject to Minnesota inheritance tax.
That affiant makes this affidavit and files said certified copy of record
of death as evidence of the death of said joint tenant and the termination
of said joint tenancy and all such estate, title interest and lien as was
or is limited upon the life of said decedent.
Commissioner of Taxation
Certificate
of
Payment of
of State of Minnesota,
Inheritance
Tax
by Inheritance and Gift
Dated April
20,
1967
Tax Division (Seal)
Filed April
26,
1967
to
Book 1068 of
Misc.,
page 333.
Whom It Concerns
Upon the within
affidavit and
Doc. No. 3652661
upon the facts
disclosed in the
files and records of the Department
of Taxation, I find that an
inheritance tax was due the
State of Minnesota upon the transfers described herein and that such tax
has been assessed and paid. The lien for inheritance taxes of the State
of Minnesota upon the property described in the within affidavit is
hereby satisfied.
Daisy G. Jensen,
unmarried
83. to
The Village of Edina
(Minnesota Municipal
Corporation)
Warranty Deed
Dated May 8, 1969
Filed May 9, 1969
Book 69 of Hennepin County
Records, page 3774130
Consideration $1.00, etc.
The Southerly 189.5 feet of the
East 60 feet of Lot 43, Auditor's
Subdivision No. 172.
Free from all incumbrances, except
the lien of all unpaid special
assessments and interest thereon.
State Deed Tax Stamps $62.70
• 0
In the Matter of the District Court, State of Minnesota,
84. Application of 4th Judicial District.
Bri -Mar Company, Inc. Case No. 17434
to Register Title to Certified Copy Application
Certain Land. Dated October 13, 1972
Filed November 7, 1972
Book 72 of Hennepin County
Records, page 3981637•
That part of Lots 41, 42 and 43, Auditor's Subdivision Number 172,
Hennepin County, Minnesota described as beginning at a point on the North
line of the East 60 feet of the South 189.5 feet of said Lot 43, distant
56.77 feet West of the East line of said Lot 43; thence Westerly along
said North line, 3.23 feet to the Northwest corner thereof; thence
Northerly parallel with the East line of said Lot 43, 166.5 feet to the
North line of said Lot 43; thence Westerly along last said North line,
161.07 feet to the Northwest corner of said Lot 43; thence Southerly
along the West line of said Lot 43, 150 feet; thence Easterly parallel with
the North line of said Lot 43, 18 feet; thence Southerly parallel with
the West line of said Lot 43, 18 feet; thence Westerly parallel with the
North lines of said Lots 43 and 42, 88.64 feet to a point 9.36 feet
Easterly of the West line of said Lot 42; thence Southerly parallel with
the West line of said Lot 42, 126.85 feet; thence Southeasterly 100.57
feet on a tangential curve to the left having a radius of 70 feet; thence
Easterly on a line tangent to above described curve, 168.67 feet; thence
continuing Southeastelry, 10.83 feet on a tangential curve to the right
having a radius of 180 feet to an intersection with a line produced
Southerly from the point of beginning thru a point on the South line of
said Lot 43 distant 53.67 feet Westerly of the Southeast corner of said
Lot 43; thence Northerly along the aforedescribed line, 220.61 feet to
the point of beginning.
Applicant does desire to register the East, South and West boundary lines
of said premises. The names and addresses of the owners of adjoining
lands affected by the establishment of boundary lines are:
Village of Edina, Edina, Minnesota; Daisy G. Jenson 3951 -W 49 St. Edina,
Mn. Union Oil Company of California, a California Corporation, PO 7600
Los Angeles Calif. 90051.
(Shown for reference.)
Daisy G. Jensen,
Warranty Deed
unmarried
Dated July 13, 1976
85, to
Filed July 16, 1976
Allen K. Larson and
Book 76 of Hennepin County
Carol D. Larson,
Records, page 4219848.
joint tenants.
Consideration $1.00, etc.
The East 60 feet of Lot 43, except
the Southerly 189.5 feet thereof,
Auditor's Subdivision No. 172,
together with all rights acquired
under that certain easement filed
December 23, 1940 and recorded in
Book 1490 of Deeds at page 212.
This deed is given and accepted in
full performance of the terms and
conditions of that certain Contract
for Deed covering said premises given
by the First Party herein, to the
Second parties herein, dated June 13, 1969.
Free from all incumbrances, except
any encumbrances placed upon said
premises by or through the Grantees
hereof since the date of said
Contract for Deed and except the lien
of all unpaid special assessments
and interest thereon.
State Deed Tax Stamps $246.40
0
In the Matter of the Probate Court, Hennepin
86. Guardianship of County, Minnesota
Carol Larson, Feeble Minded Dated February 14, 1939
See Court Files,
Case No. 30313
In the Matter of the
87. Guardianship of
Carol Larson, Incompetent
Probate Court, Hennepin
County, Minnesota
Dated January 28, 1975
See Court Files,
Case No. 30313
a
Carl D. Larson
Affidavit
88. to
Dated December 22, 1976
Whom It Concerns
Filed February 3, 1977
#4264480
The undersigned, Carol D.
Larson, being first duly sworn,
on oath, says; I am the person
named as a grantee in that certain Warranty
Deed dated July 13, 1976 from
Daisy G. Jensen, unmarried, to Allen K.
Larson and Carol D. Larson, joint
tenants, which Warranty Deed was recorded
in the office of the Hennepin
County Recorder on July 16, 1976 in Book 76
of Hennepin County Records at
page 4219848, and which Warranty Deed
conveyed the following described
premises: The East 60 feet of Lot 43,
except the Southerly 189.5 feet
thereof, Auditor's Subdivision No. 172,
Hennepin County, Minnesota;
and I do further state that I
am not the same person as the Carol Larson
referred to in Hennepin County
Probate Court guardianship proceedings
commenced February 14, 1939 and
January 28, 1975 as Case No. 30313.
Allen K. Larson and
Quit Claim Deed
Carol D. Larson,
Dated December 22, 1976
husband and wife
Filed Feb. 3, 1977
89. to
#4264479
50th & France Office
Consideration $1.00, etc.
Building Partnership,
The East 60 feet of Lot 43,
a Partnership consisting
except the Southerly 189.5 feet
of Allen K. Larson and James
thereof, Auditor's Subdivision
M. Layer.
No. 172, Hennepin County,
Minnesota.
State Deed Tax Stamp $2.20
s 0
Village of Edina Warranty Deed
(Minnesota Municipal Dated August 27, 1970
Corporation) (Seal) Filed August 28, 1970
90. to Book 70 of Hennepin County
National Food Stores, Inc. Records, page 3843727
(Michigan Corporation) Consideration $1.00, etc.
That part of Lot 43, Auditor's
Subdivision Number 172, Hennepin
County, Minnesota, described as
follows: Beginning at a point in
the South line of said Lot 43 distant 53.67 feet West of the Southeast
corner thereof; thence West along the South line of said Lot 43, a
distance of 6.33 feet, more or less, to the East line of the West 160
feet of said Lot 43; thence North along the East line of the West 160
feet of said Lot 43, to its intersection with a line drawn parallel with
the South line of said Lot 43 and 189.5 feet North thereof; thence East
along said line parallel with the South line of said Lot 43 to a point
on said parallel line 56.77 feet West of the point of intersection of
said parallel line with the East line of said Lot 43, when measured
along said parallel line; thence Southerly to the point of beginning.
Also those parts of Lots 42, 43 and 41, Auditor's Subdivision Number 172,
Hennepin County, Minnesota described as beginning at a point in the North
line of the South 2 feet of said Lot 42, distant 42.24 feet East of the
West line of said Lot 42; thence East along said North line and its
Easterly extension 102.76 feet; thence South parallel with the West line
of said Lots 42 and 41, a distance of 19.49 feet; thence Westerly
deflecting to the right 970 40' 50 ", a distance of 75.67 feet; thence
Northwesterly 29.74 feet on a tangential curve to the right having a
radius of 70 feet, to the point of beginning. Subject to real estate
taxes due and payable in 1971 and subsequent years and installments of
special assessments payable therewith. State Deed Tax Exempt.
(Shown for reference as to boundary lines.)
Village of Edina
Cross
Easement
Agreement
(Minnesota Municipal
Dated
July 30,
1970
Corporation) (Seal)
Filed
Sept. 2,
1970
91. to
Book
70 of Hennepin
County
National Food Stores, Inc.
Records,
page
3844496.
(Michigan Corporation)
(See
Exhibit "A"
hereto attached.)
(Corporate Seal)
r
Exhibit "A"
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CROSS EASFMF.NT AGRI EMEINT
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day
1
THIS ACREI ?LENT, made and entered into this J O of
1970, by and between VILLAGE OF EDINA. a Minnesota municipal corporation,
(hereinafter called "Edina "), and NATIONAL FOOD STORES, INC., a Michigan
corporation, (hereinafter called "National
WITNESSETH, THAT:
j1
WHEREAS, National is the owner of tracts of land in the
a
jVillage
of Edina, described as follows, to -wit:
s
That part of lot 43, Auditor's Subdivision Number 172,
Hennepin County, Minnesota described as follows: Begin-
ning at a point in Lite South line of said Lot 43, distant
53.67 feet West of the Southeast corner thereof; thence West
_ along the South line of said Lot 43, a distance of 6.33
feet, more or less, to the Fast line of the West 160 feet
` 4
of said Lot 43; thence North along the East line of the West
t 160 feet of said Lot 43, to its intersection with a line drawn
;.;
parallel with the South line of said Lot 43 and 189.5 feet
North thereof; thence East along said line parallel with the
- Scuth line of said Lot 43 to a point on said parallel line
56.77 feet West of the point of intersection of said parallel
,f;•_';
line with the East line of said Lot 43, when measured along
a said parallel line; thence Southerly to the point of beginning.
Also, that part of Lot 41, said Auditor's Subdivision Number
1; 172, Hennepin County, tinnesota, Lying West of the Southerly
extension of the East line of the above described tract, and
North of Ring Road. All according to the map or plat thereof
on file and of record in the office of the Register of Deeds
O
4
in and for Hennepin County, Minnesota, (both of the above
ti
tracts being hereinafter called the "National Tract ").
CA
WHEREAS, Edina owns that part of the South 189.5 feet of said
Lot 43 and that part of said Lot 41, both in Auditor's Subdivision Number
�Q_
-
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172, Hennepin County, Minnesota, lying immediately Fast o£ -the National
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Tract (hereinafter called the "Edina Tract "); and
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!
WHEREAS, there is about to be constructed on the National Tract,
and other land, a supermarket building and there is now constructed upon the
Edina Tract, and other land, a parking ramp, the footings of which super-
market building will adjoin and abut the Fact line of the National Tract
d
•r 1
Exhibit "A"
C7
1.
and the footings of which parking ramp building also adjnin and abut the
East line of the National Tract, and leaving a space between the East will
of the supermarket building and the West wall of the parking ramp of approx-
C")
imately two feet in width (said space between said building and parking
ramp being hereinafter called the "Easement Aeea"); and
WHEREAS, Edina and National desire to enter into this agreement
to provide for mutual cross easements for the purpose of maintaining their
respective buildings and the Casement Area between them, all on the terms
and conditions hereinafter set out.
NOW, THEREFORE, for and in consideration of the covenants and
agreements hereinafter contained, National and Edina do hereby agree as
follows:
1. Both National and Edina shall have, and each hereby grants to the
other, perpetually the full and free liberty and privilege to enter upon all
or any part of the Easement Area for the purpose of maintaining, repair-
ing and reconstructing the footings and walls of their respective build-
ings on their respective properties, and to enlarge and add to the build-
ings on their respective properties and to do such work on and in con
section with the footings, foundations and walls of their respective
buildings as may be necessary in connection therewith, and to demolish
------and
remove their- respective buildings in whole or in part and construct
other improvements in place thereof and to use the existing or new footings
•
and foundations for such present or future improvements and to do such
other work on said Eadement Area as may be necessary in connection with
(D
such maintenance, repair, demolition, removal and reconstruction.
G)
2. That said Easement Area shall be blacktopped so as to drain
C\j
surface,water-to the South,-shall be fenced or blocked off by a means
ICL
-'--------outually"hccept.tbte-to
both parties, and shall be maintained and kept
lui
In a neat and clean condition and good state of repair, all at the joint
xpense•of the parties hereto, each paying one-half thereof. Either
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party shill have the right to do such blacktopping, ieneing or blocking_
and such maintenance, and the other shall pay its one -half within ten (10)
days of receipt of written request for payment, and if not paid within
said ten (10) day period, said one -half shall bear interest at the rate
of eight percent (87.) per annum and collection thereof may be enforced
by such remedies as may then be available to the party to whom such sure
is owed. both at law and in equity.
3. Each of the parties hereto agrees to indemnify and hold
harmless the other from any and all costs and expenses due to damage to
persons or property occurring on or about said Easement Area and due to
the act or neglect of said party, its agents, employees or representatives.
4. This agreement shall be binding on and inure to the benefit of
the parties hereto and their respective successors and assigns and shall be
deemed covenants running with the said National Tract and Edina tract.
IN WITNESS WHEREOF, this instrument has been duly executed by
the parties hereto the day and year first above written.
.In Presence of: V iL�CE OF EDINA
By
/ ! t
Its
NATIONAL FOOD STORES, INC.
•� 0..t a- Q��,�C2t� -� By �C� FJ `\llt/rticr✓ 1(
1� / I}t�s n
if
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O STA ► E NEED TAX DUE NEr E:�Pl,9,41&
STATE OF MIH'NESOTA)`
N COUNTY OF }IENNEPI:1) SS. CORPORATE SEAL
On this JG ti day of cc.J —, 1970, before me, a Notary
1J 1 Pubc/ within and for said County, p sonally appeared
lies
j N 11 and 1+�.� �/l+�llt� to me personally known, who, being each by
me duly sworn did say th# they are respectively the
• .•[. _3— _
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National Food Stores,
Inc. (Michigan Corporation)
(Corporate Seal)
92. to
Village of Edina
(Minnesota Municipal
Coproration) (Seal)
• 0
Road Easement
Dated July 30, 1970
Filed Sept. 2, 1970
Book 70 of Hennepin County
Records, page 3844497.
(See Exhibit "B" hereto attached.)
It
-1
..
L
j o7-
I y VILLAGE OF EDINA
.. ROAD E A S EMENT —
THIS INSTRMXT, made this
1 C'7 %•- day of 1970,
i by and between NATIONAL FOOD STOF.ES, INC.,�a Michigan corporation, herein-
after called National, and the VILLAGE OF EDINA, a municipal corporation
1; organized under the laws of the State of Minnesota, hereinafter called
Edina;
NITNESSEIH, that National does grant to Edina, the perpetual easemenL
v �• (� for a public road for access, from Halifax Avenue, Edina, Minnesota, over
t
} and across those portions of Lots 42 and 43, Auditor's Subdivision Number
172. Hennepin County, Minnesota, described below, to and from the access
! openin 1
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• ri�i
d to evel 2W on the West side of the public parking ramp on
property east of the land described below. Description of said easement
is as follows: (See plot plan attached heretop
That part of Lots 42 and 43, Auditor's Subdivision No. 172, Hennepin
County, Minnesota, described as follows: Commencing at a point in the
North line of the East 60 feet of the South 189.5 feet of said Lot 43,
distant 56.77 feet West of the East line of said Lot 43; thence Southerly
in a straight line, 11.78 feet to the actual point of beginning of the tract
of land to be described, said straight line if extended Southerly would
intersect the South line of said Lot 43 at a point therein distant 53.67
feet West of the Southeast corner thereof; thence Southerly along said straight
line, 20.5 feet; thence at aright angle Westerly to the East line of
Halifax Avenue as now established; thence North along said East line of
Halifax Avenue, 24 feet; thence Easterly to the actual point of beginning.
As consideration herefor, the parties mutually agree as follows:
(1) That on or before July 1, 1971, said easement area shall be
improved by National at its expense, with a six inch reinforced concrete
surface, all pursuant to plans and specifications to be approved by Edina;
(11) that Edina shall pay the costs and expenses for maintaining
said easement area and keeping the same in good condition and repair and
free from snow, whether such work be done by Edina or National, and if
done by -National, such costs and expenses shall be paid, without interest,
to National by Edina from Cime to time, but not'more often than once every
three months, upon receipt by Edina of evidence reasonably satisfactory to
It of the amount of such costs and expenses, provided, however, that the
obligation of Edina to maintain and repair said easenent area shall not
Include reconstruction or resurfacing, which, if done, shall be done and
the cost thereof, assessed in the same manner as other pbbllc streets; and
Y
3/�,
Exhibit "B"
P5
of
ii
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W
• ri�i
d to evel 2W on the West side of the public parking ramp on
property east of the land described below. Description of said easement
is as follows: (See plot plan attached heretop
That part of Lots 42 and 43, Auditor's Subdivision No. 172, Hennepin
County, Minnesota, described as follows: Commencing at a point in the
North line of the East 60 feet of the South 189.5 feet of said Lot 43,
distant 56.77 feet West of the East line of said Lot 43; thence Southerly
in a straight line, 11.78 feet to the actual point of beginning of the tract
of land to be described, said straight line if extended Southerly would
intersect the South line of said Lot 43 at a point therein distant 53.67
feet West of the Southeast corner thereof; thence Southerly along said straight
line, 20.5 feet; thence at aright angle Westerly to the East line of
Halifax Avenue as now established; thence North along said East line of
Halifax Avenue, 24 feet; thence Easterly to the actual point of beginning.
As consideration herefor, the parties mutually agree as follows:
(1) That on or before July 1, 1971, said easement area shall be
improved by National at its expense, with a six inch reinforced concrete
surface, all pursuant to plans and specifications to be approved by Edina;
(11) that Edina shall pay the costs and expenses for maintaining
said easement area and keeping the same in good condition and repair and
free from snow, whether such work be done by Edina or National, and if
done by -National, such costs and expenses shall be paid, without interest,
to National by Edina from Cime to time, but not'more often than once every
three months, upon receipt by Edina of evidence reasonably satisfactory to
It of the amount of such costs and expenses, provided, however, that the
obligation of Edina to maintain and repair said easenent area shall not
Include reconstruction or resurfacing, which, if done, shall be done and
the cost thereof, assessed in the same manner as other pbbllc streets; and
Y
3/�,
Exhibit "B"
P5
'(iii) that in the event \ational, its successors or assigns, here-
. 1
�r after requires said easement area for the construction of buildings
thereon. then Edina agrees to surrender and extinguish its easement over
said easement area by written release without warranties, upon receipt of
and in exchange for, a duly executed and recordable alternate public road
CID
easement then constructed and improved with like or better materials and
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of like or better quality, and of at least the same width, as the ease-
ment then to be released, giving access to the access opening to level
241 on, the .'est side of said parking ranp'froo Halifax Avenue to the West
or Ring Road to the South of said parking ramp. the exact location of
which alternate public road easement shall be subject to the reasonable
approval of Edina as to the location of openings onto said Halifax Avenue
or Ring Road. as the case may be, the turning radius of all curves in the
— proposed alternate easement and the effect of said alternate easement on
the traffic patterns on Halifax Avenue, Ring Road and West 50th Street and
Also into and out of said parking ramp.
(iiii) That National hereby reserves the right to use and occupy the
said easement area, and to block the same from the passage of traffic,
from time to time, for the purpose of constructing its building and other
improvements on lands adjacent to the south of said easement area. The
rights reserved in this paragraph shall expire when the building and
other improvements to be constructed by National have been finally
completed, or on July 1. 1971. whichever date first occurs.
IN WITNESS WHEREOF, this instrument has been duly executed by the
parties hereto to be effective as of the day and year first above written.
In Presence of VILLAGE OF EDINA
///� < `l, %__ •� Its
And n . - -. c �1 a ( A _
its '
L NATIONAL FOOD STORES. INC.
X
By
—cc. President
Attest ✓ �/ �'<<� �2�
- LCD Secretary
STATE DEED TAX CUE HE^ "0 `/
-vN" CORPORATE SEAL
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National Food Stores, Inc. Easement
(Michigan Corporation) Dated July 30, 1970
(Corporate Seal) Filed Sept. 2, 1970
93. to Book 70 of Hennepin County
Village of Edina Records, page 3844498.
(Minnesota Municipal (See Exhibit "C" hereto attached.)
Corporation) (Shown for easement.)
Exhibit "C"
'.,.-
'384449 -S
f:AS E.M•.NT
Cr
THIS I,.STRU?!EST, ?lade this d,Iy of K 1970, by
`
and between NATIONAL FOOD STORES, INC., a corporation organized under
)
the laws of the State of Michigan, party of the first part, and VILLAGE
i
OF EDINA. a maticipal corporation organized under the laws of the State
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of Minnesota, party of the second part;
NITNESSETH, That the said party of the-first part, in consi-
1 7 !
deration of One and No /100 Dollars ($1.00), to it in hand paid by the
said party of the second part, the receipt whereof is hereby acknowledged,
!
1
!..
does Grant. Bargain, Sell, Convey and Warrant to said party of the second
�-
l1
part an Easement in perpetuity for underground electric lines in, under
and across the following described.property situate in the County of Henne-
pin and State of Minnesota, to -wit:
The East five feet of the Westerly 160 feet of that
part of Lot 43, Auditor's Subdivision Number 172,
Hennepin County, Minnesota, lying North of the South
!
189.5 feet thereof.
Ja' 1
Party of the second part shall have the right to allow use of
such easement by public utility companies and the right to install, cons-
�(M1
truct, reconstruct, maintain and repair underground electric lines in
'•
the easement area described above, provided the party of the second part
'
a
1
_
in so constructing, repairing or maintaining said underground electric
`A'�
lines shall restore the surface without cost to the party of the first
part to as nearly as possible the condition it was in immediately before
d
such work was done.
i
In the event party of the first part. its successors or assigns
O
ti
+
hereafter requires the easement area described above for the construction
I
of a building thereon, the parties hereto agree as follows_;
J
1) Party -of the first pact shall duly execute and deliver
+
ID.to
party of the second part a recordable alternate ease-
area
W
went area of at least the same width as the easement
described above for the same purpose and upon the same
forth herein.
terms, covenants and conditions as set
L
�{-
The exact location and width of said alternate easement
area shall be subject to the reasonable approval of
party of the second part. No such re location shall,
however, be such as 20 impair the safe mid efficient
operation of the underground electric lines for the
purpose intended.
�y
Exhibit "C"
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1
,
3844498 = i
y
`
�
THIS INSTRUMENT, Fhde this ' rda _
�ti_ Y of 1970, by
I
and between NATIONAL FOOD STORI.-S, INC., a corporation organized under
i
Cj
the laws of the State of MichLgan, party of the first part, and VILLAGE
_
OF EDINA, a municipal corporation organized under the laws of the State
1
of Minnesota, party of the second part;
",
WITNESSETU, That the said party of the first part, in consi-
deration of One and No /100 Dollars ($1.00), to it in hand paid by the
ti
said party of the second part, the receipt whereof is hereby acknowledged, S
=f
does Grant, Bargain, Sell, Convey and Warrant to said party of the second
part an Easement in perpetuity for underground electric lines in, under
.\
and across the following described property situate in the County of Henne-
pin and State of Minnesota, to -wit:
The East five feet of the Westerly 160 feet of that
j
part of Lot 47, Auditor's Subdivision Number 172,
Hennepin County, Minnesota, lying North of the South
I
189.5 feet thereof. j
Party of the second part shall have the right to allow use of
• �,
1
such easement by public utility companies and the right to install, cons+ +
j
i
truce, reconstruct, maintain and repair underground electric lines in i
the easement area described above, provided the party of the second part i•
.�
�r
in so constructing, repairing or maintaining said underground electric {I
i
I
lines shall restore the surface without cost to the party of the first
1
part to as nearly as possible the condition it was in immediately before'
rl
such work was done.
O
In the'eVent party of the first part, its successors or assigns
~
Q1
hereafter requires the casement area described above for the construction
,
h
of a building thereon, the partiesJhereto agree as follows:
CV
�}-
J
1) Party of the first part shall duly execute and deliver
Z t
11J.
I
to party of the second part a recordable alternate ease-
!I N
ment area of at least the same width as the easement area
described above for the same purpose and upon the same
terms, covenants and conditions as set forth herein.
The exact location and width of said alternate easement
')
area shall be subject to the reayon:161c approval of
tf
party of the second part. No such relocation_ shall,
however, be such as to impair the safe and efficient
operation of the underground electric lines for the �{
purpose intended.
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t
• 111
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2) Party of the first part shall, at Itti sole cor:t mid ex-
pcnse, relocate any underground electric lines, located
In the easement area cescribed above �within . the alternate
easement area.
3) Upon the completion by party of the first party of the
matters set forth in paragrapls numbered 1 and 2 above,
party of the second part agrees to surrender and e rin
guish its easement over the eascr..ent area described above
by written release without warranties.
IN TCSIlfVNY WHEREOF, The said first party has caused these pre-
sents to be executed in its corporate name by its Vice Prgdear and its
Asst. Secy, and its corporate seal to be hereunto affixed the
day and year first above written.
In Presence of: NATIONAL FOOD STORES, INC.
Its
. .. ttg
STATE DEED T;L: CUE HEREON &�
1
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ru, '
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... .y, •AIL,.
' • f,i•
STATE OF ILLINOIS )
)ss.
COUNTY OF COOK )
CORPORATE
Tlrs ir„rnm�rn! s draked 6
"'40y' ht,r? wr /, W.
�OlSr y
2e00 1st fl'f%c B l , H/s,t & HaPaday
nk BId9.
b4�,,,,,� A4wc�a 55402
SEAL
On this 30th day of _ July . 19Z9_, before me, a
Notary Public, within and for said County, personally appeared
W_B- Thomas and R_ J_ Radebaueh to me personally known, who,
being each by me duly sworn, did say that they are respectively the
Vice Resident and the _ Aas't. Secretary of the corporation
naaed it the fc:'e€= --=F iMst-rarr: a e sha: _.e st.. a °ton.0 tv sa_f
sent is the corporate seal of said corporation, and that said instrument was
signed and scaled in behalf of said corporation by authority of its Board
Of Directors _ and said W. B. Thomas and R. J. Radebaugh
acknowledged said instrument to be the free act and decd of said corporation.
(Notarial Seal)
94.
95
• 0
City of Edina
Partial Release of Cross Easement
(Minnesota Municipal
Agreement.
Corporation)
Dated December 20, 1976
(No Seal) and
Filed Feb. 3, 1977
Bri -Mar Company, Inc.
#4264476
(Minnesota Corporation)
Know all men by these presents:
(No Corporate Seal)
That Bri -Mar Company, Inc., a
fee owners
Minnesota corporation, and the
to
City of Edina, a Minnesota
Whom It Concerns
municipal corporation, being the
fee owners of the premises referred
to as the "National Tract" and the
"Edina Tract" in that certain
Cross Easement Agreement dated July 30, 1970 between the Village of Edina
and National Food Stores, Inc., a Michigan corporation, which Cross
Easement Agreement was recorded on September 2, 1970 as Document No.
3844496, do hereby release the premises described as: Tract A, Registered
Land Survey No. 1426, Files of the Registrar of Titles, Hennepin
County, Minnesota, and
That part of the South 189.5 feet of Lot 43, Auditor's Subdivision No.
172, Hennepin County, Minnesota, lying North of a straight line drawn
between the most Southerly and Easterly corner of Tract A, Registered
Land Survey No. 1426, and a point on the East line of the West 107 feet
of Lot 44, Auditor's Subdivision No. 172, distant 181.05 feet North of the
South line thereof, from all easements, claims and encumbrances created
pursuant to said Cross Easement Agreement.
And The Northwestern National Bank of Minneapolis, a national banking
association, being the mortgagee of a portion of said National Tract,
does hereby consent to this Partial Release of said Cross Easement
Agreement.
Edina Theatre Corporation
to
Whom It Concerns
Doc. No. 1748995
Christiane M. Hatting,
single
96. to
Edina Theatre Corporation
(Minnesota Corporation)
Doc. No. 2058685
50th Street and 396 feet deep. Revenue
Articles of Incorporation
Dated March 23, 1934
Filed March 27, 1934
Book 322 of Misc., page 511.
Term: perpetual
Warranty Deed
Dated Oct. 10, 1940
Filed Oct. 11, 1940
Book 1503 of Deeds, page 127
Consideration $1.00, etc.
Lot 44, Auditors Subdivision 172,
Village of Edina, County of
Hennepin, being a plat of
ground 110 feet frontage on West
Stamps $2.75
n
u
Edina Theatre Corporation
(Minnesota Corporation)
97. to
Christiane M. Hatting
Doc. No. 2058686
Christiane M. Hatting
98. to
Edina Theatre Corporation
Doc. No. 2295856
..
f
Mortgage
Dated Oct. 10, 1940
Filed Oct. 11, 1940
Book 1844 of Mtgs., page 237.
To secure payment of $10,000.00
Satisfaction of Mortgage recorded
in Book 1844 of Mtgs., page 237.
(See No. 97)
Dated July 9, 1945
Filed July 11, 1945
Book 2169 of Mtgs., page 527.
Edina Theatre Corporation Warranty Deed
(Minnesota Corporation) Dated Nov. 1, 1951
(Corporate Seal) Filed Nov. 1, 1951
to Book 1906 of Deeds, page 52.
Edina Properties, Inc. Consideration $1.00, etc.
(Minnesota Corporation) The Westerly 107 feet of the
Doc. No. 2721831 Northerly 120 feet of Lot 44,
Auditor's Subdivision Number 172,
Village of Edina. Together with
that certain easement for right of
way purposes over that part of Lot 43, Auditor's Subdivision Number 172,
Village of Edina, Hennepin County, Minnesota, immediately adjoining Lot 44,
said Auditor's Subdivision Number 172, consisting of a strip of land 9
feet wide and extending along the Easterly lot line of said Lot 43, a
distance of 140 feet from the Northeasterly corner of said Lot 43, said
easement being granted to party of the first part, its successors and
assigns, by paragraphs (1) to (3), inclusive, and (5) of that certain
Agreement dated August 6, 1940, filed on December 23, 1940, and recorded
in Book 1490 of Deeds, page 212; and subject, however, to that certain
easement for right of way purposes over that part of Lot 44, said
Auditor's Subdivision Number 172, immediately adjoining said Lot 43,
consisting of a strip of land 9 ft. wide and extending along the Westerly
lot line of said Lot 44 a distance of 140 feet from the Northwesterly
corner of said Lot 44, said easement being granted to Reuben F. Erickson
and Hazel Erickson, his wife, their heirs and assigns, by said Agreement
dated August 6, 1940; Reserving further to the party of the first part,
its successors and assigns, perpetually, the right and easement to use,
for right of way purposes in common with party of the second part, its
successors and assigns, that part of Lot 44, said Auditor's Subdivision
Number 172, consisting of a strip of land 9 feet wide and extending along
the Westerly line of said Lot 44 a distance of 140 feet from the
Northwesterly corner of said Lot 44, said strip of land being now subject
to the reciprocal easement created by said Agreement dated August 6, 1940
the party of the second part, its successors and assigns, to keep and
maintain a strip of land as a roadway.
Free from all incumbrances, except the lien of all unpaid special
assessments and interest thereon. This conveyance is made subject to the
following covenants and restrictions that shall run with the land and
be binding upon and inure to the benefit of the parties hereto, their
successors and assigns, to -wit: (1) That no theatre building shall be
constructed upon the premises herein conveyed.
(2) That no signs, canopies, or any other projection from any building
constructed on the premises herein conveyed shall extend beyond the
inside line of the existing sidewalk, nor be erected in any manner which
will obstruct or boscure the view of the upright sign or any part of the
canopy of the Edina Theatre as the same is now constructed.
(continued)
(No. 99 continued)
(3) That party of the second part, its successors and assigns shall
perform all of the covenants and conditions contained in the said
Agreement dated August 6, 1940, filed on December 23, 1940, and recorded
in Book 1490 of Deeds, page 212, by party of the first part to be
performed, the party of the first part reserving the right, in common
with party of the second part, its successors and assigns, to use for
right of way the roadway 18 feet in width created pursuant to said
reciprocal easement agreement. In the event the reciprocal easements
created by said Agreement are extinguished by reason of the acquisition
by party of the second part, its successors and assigns, of title to the
property now subject to the appurtenant easement, the party of the first
part, its successors and assigns, shall nevertheless enjoy the right to
use the aforesaid roadway for the full term of said reciprocal easement
agreement. In the event such reciprocal easement agreement is extended
beyond its present term, party of the first part, its successors and
assigns, shall continue to have the same easement rights hereinbefore
granted it throughout any such extended period.
(4) Party of the first part further covenants and agrees that it will
not construct, during the term of said reciprocal easement agreement
or any extension thereof, any building on the tract of land within
the Westerly 107 feet of said Lot 44, and between the Southerly boundary
of the premises herein conveyed and a line drawn 40 feet Southerly
thxefrom and parallel thereto; and further that party of the first part
will improve and maintain said tract of land for parking purposes
throughout said term.
Revenue Stamps $46.75
(Shown for easement. Other instruments in this chain of title not shown.)
The Council of the
Village of Edina
100. to
Thom it Concerns
Doc. No. 2745385
The Village Council of
the Village of Edina
101. to
T-?hom it Concerns
Doc. No. 3340754
'kYd A Ll I I I
0
Certified Copy of Amendment of
the Ordinance of the Village of
Edina, Hennepin County, Minnesota
Dated April 8, 1952
Filed April 8, 1952
Book 641 of Misc., page 45
Amends zoning ordinance passed
by the said Village on the 25th
day of May 1931.
(For further particulars see record)
Certified Copy Ordinance No. 263
Adopted June 8, 1959
Filed April 6, 1962
Book of Misc., page
An Ordinance Prescribing;
Procedure For the Approval
of Plats, Requiring Payment of
a Fee and Imposing; Other
Requirements, Including the "Making of Necessary Improvements in Lands
Previously Not Platted. (For further particulars see record)
The Village Council of
the Village of Edina
102. to
Whom it Concerns
Doc. No. 3340756
Village Council
Village of Edina
103. "to
?whom it Concerns
Doc. No. 3588147
Plats of Subdivision, Regulating Plats
for Relief in Cases of Hardship. (For
Village Council
Village of Edina
104. to
t,lhom it Concerns
Doc. No. 3688232
Certified Copy of Resolution
Adopted Jan. 27, 1958
Filed April 6, 1962
Rook of Misc., page
Resolution Declaring Policy
as to Approval of Plats and
Conditional Upon the Installation
of ;Dater and.Sanitary and Storm
Sewer Improvements.
(For further particulars see record)
Certified Copy Ordinance No. 263A
Dated Jan. 10, 1966
Filed Jan. 19, 1966
Book of Misc., page
An Ordinance Constituting the
Council as the Platting Authority
of the Village, Prescribing the
Procedure for the Approval of
and Subdivisions, and Providing
further particulars see record)
Certified Copy Ordinance No. 263A -1
Dated
Filed November 27, 1967
Book. of Misc., page
An Ordinance Amending the Platting
Ordinance of the Village by
Requiring Underground Installation
of Electric and Telephone Lines.
(For further particulars see
record)
PROTO M,Y 1tt1I
0
The Village Council of the Certified Copy Ordinance No. 801 -1
Village of Edina, Minnesota Dated-- -
(Seal) Filed Dec. 18, 1970
105• to Book 70 of Hennepin County
Whom it Concerns Records, page 3862421
(No. 263A -4 in ordinance arrangement
before 1970 codification)
An Ordinance amending; Ordinance No. 801 (263A) to require dedication of
land for parks and open space and land or easements for protection of
natural water bodies. (For further particulars see record)
Village Council, Village Certified Copy Ordinance No. 801 -2
of Edina, Minnesota Dated-- -
(Corporate Seal) Filed Dec. 18, 1970
106. to Book 70 of Hennepin County
Whom it Concerns Records, page 3862422
(No. 263A -5 in ordinance
arrangement before 1970
codification) An Ordinance
amending Ordinance No. 801 (263A) of the Village by providing; for
letter or credit to secure subdivision financing agreement and for
recording of agreement. (For further particulars see record)
Village Council of the Certified Copy Ordinance No. 801 -A3
Village of Edina, Dated-- -
Minnesota (Seal) Filed April 12, 1971
107. to Book 71 of Hennepin County
?whom it Concerns Records, page 3878409
An Ordinance Amending Ordinance
No. 801 of the Village by
providing for Subdivision Financing Agreement and Letter of Credit to
Secure Subdivision Financing Agreement and for recording of Agreement
and for Final Plat Approval Procedure. (For further particulars see record)
Village Council of Certified Copy Ordinance No. 801 -A4
Edina, Minnesota (Seal) Dated-- -
108. to Filed April 12, 1971
Whom it Concerns Book 71 of Hennepin County
Records, page 3878410
An Ordinance Amending Ordinance
No. 801 of the Village to Require Land or Easements for Protection of
Natural Water Bodies. (For further particulars see record)
Village Council of the
Village of Edina,
Minnesota (Seal)
109. to
Whom it Concerns
Certified Copy Ordinance No. 801 -A5
Dated-- -
Filed April 12, 1971
Book 71 of Hennepin County
Records, page 3878411
An Ordinance Amending Ordinance
No. 801 of the Village by
Providing for Variances.
(For further particulars see record)
PHOTO ONLY 1111
El
Village Council of Certified Copy Ordinance No. 801 -A6
the Village of Edina, Dated-- -
Minnesota (Seal) Filed September 22, 1971
110. to Book 71 of Hennepin County
Whom it Concerns Records, page 3907687
An Ordinance amending Ordinance
No. 801 of the Village to require
platting with residential rezoning, to require dedication of land or
contribution of cash for Parks and Playgrounds and for Final Plat
Approval Procedure.
(For further particulars see record)
•
City Council of
the City of Edina (Seal)
ill. to
Whom it Concerns
City Council of
Edina (Seal)
112. to
Whom it Concerns
City Council of the
City of Edina (Seal)
113. to
Whom it Concerns
Certified Copy Ordinance No.801 -A7
Dated -
Filed May 16, 1974
Book 74 Hennepin County Records
Page 4082542
An ordinance amending ordinance
No. 801 of the city providing
for rejection of preliminary
plats if not finally approved
within one year
(For further particulars see.
record)
Certified Copy Ordinance No.801 -A9
Dated -
Filed May 16, 1974
Book 74 Hennepin County Records
Page 4082543
An ordinance amending ordinance
No. 801 of the city to require
land or easements for protection
of natural water bodies.
(For further particulars see
record)
Certified Copy Ordinance No. 801 -A8
Dated -
Filed May 16, 1974
Book 74 Hennepin County Records
Page 4082544
An ordinance amending ordinance
No. 801 of the city to require
dedication of land or contribution
of cash for public purposes
(For further particulars see
reco -rd )
Ur►c��►��1 1�'�iUt� �.�r�it�
City Council
Certified Copy Ordinance.
City of Edina
No. 801 -A13
(Seal)
Dated - --
114. to
Filed January 4, 1977
Whom it Concerns
------- - - - - -- Book 77 of Hennepin County
Records, page 4257989
An Ordinance Amending
Ordinance No. 801 to Change
Fees Charged for Filing and
Processing Plats and
Subdivisions
(For further particulars
see record.)
City Council Certified Copy Ordinance
City of Edina No. 8ol -A15
(Seal) Dated - - --
115. to Filed January 4, 1977
Whom it Concerns Book 77 of Hennepin County
Records, page 4257990
An Ordinance Amending the
Platting Ordinance (No. 801)
to Require the Placing.of Signs
on Land Proposed to be Platted,
Replatted, or Subdivided, and
Prescribing a Penalty.
(For further particulars see
record.)
City Council Certified Copy Ordinance
City of Edina (Seal) No. 811 -A79
116. to Dated - - --
Whom it Concerns Filed January 4, 1977
Book 77 of Hennepin County
Records, page 4257991
An Ordinance Amending the
Zoning Ordinance (No. 811)
By Adding to the Historic
Preservation District
The City Council of the City of Edina, Minnesota, Ordains:
Section 1. Section 11 of Ordinance No. 811 of the City of Edina is hereby
amended by adding the following thereto: "Sec. 9. Boundaries of Heritage
Preservation District-.. The boundaries of the Heritage Preservation
District shall incii.(!e i;lje, following described property: The Northeastern
95 feet of the Southwesterly 145 fee�.of Lot 15, 'Melvin Grimes Sub-
division of Lots 8, 9 and 10, Grimes Homestead', according to the plat
thereof on file and of reeord in the office of the Register of Deeds in
and for Hennepin County, Minnesota;" and other lands which are hereafter
added to this paragraph by amendments to this ordinance. Sec. 2. This
ordinance shall be in full force and effect upon its passage and publica-
tion.
First Reading: August 2, 1976.
Second Reading: October 18, 1976
Published in the Edina Sun On November 3, 1976.
•
City Council
City of Edina
(Seal)
117. to
Whom it Concerns
City Council
City of Edina
(Seal)
118. to
Whom it Concerns
0
Certified Copy Ordinance
No. 801 -Al2
Dated ---
Filed January 4, 1977
Book 77 of Hennepin County
Records, page 4257992
An Ordinance Amending Ordinance
No. 801 to Require Dedication
of Land or Contribution of Cash
for Public Purposes.
(For further particulars see
record..),
Certified Copy Ordinance
No. 801 -A14
Dated - - --
Filed January 4, 1977
Book 77 of Hennepin County
Records, page 4257993
An Ordinance Amending Ordinance
No. 801 by Requiring Payment of
Connection Charges When R -2
Lots are Subdivided and Existing
Townhouses Platted or Subdivided.
(For further particulars see
record.)
0
City Council of the City Ordinance No. 801 -A16
of Edina Adopted April 18, 1977
119. to Filed April 29, 1977
Whom it Concerns #4280686
An ordinance amending the
platting Ordinance (No. 801)
to establish policy and procedures for the platting and subdivision
of Outlots; to provide for the division of lots and plots; to provide
for the setting of hearing dates before the City Council; to provide
for conditions to plat approval to be imposed by the City Council and
to provide for granting of preliminary and final approval of plats at
the same hearing. (For further particulars see record)
City Council,
City of Edina, Minnesota
(Seal)
120. to
Whom It Concerns
Replatted, or Subdivided, and
particulars see record.)
City Council,
City of Edina, Minnesota
(Seal)
121. to
Whom It Concerns
ILA- wal OF
•
Certified Copy Ordinance
No. 801 -Alo
Dated - --
Filed June 16, 1977
#4292195
An Ordinance Amending the
Platting Ordinance (No. 801)
to Require the Placing of Signs
On Land Proposed to be Platted,
Prescribing a Penalty. (For further
Certified Copy Ordinance
No. 801 -A17
Dated - --
Filed June 16, 1977
#4292196
An Ordinance Amending Ordinance
No. 801 By Requiring Payment of
Connection Charges When R -2 Lots
are Subdivided and Existing
Townhouses Platted or Subdivided.
(For further particulars
see record.)
City Council, City Certified Copy Ordinance
of Edina, Minnesota No. 811 -A67
(Seal) Dated - --
122. to Filed June 16, 1977
Whom It Concerns #4292197
An Ordinance Amending the Zoning
Ordinance (No. 811) By Adding a
Heritage Preservation District,
Determining the Procedure for Establishment of the District Regulating
Work Therein, Requiring Repairs on Buildings and Structures Therein, and
Prescribing Penalties and Remedies for Violations.
(For further particulars see record.)
City Council, City
Certified Copy Ordinance
of Edina, Minnesota
No. 811 -A89
(Seal)
Dated - --
123. to
Filed June 16, 1977
Whom It Concerns
#4292198
An Ordinance Amending the Z
Ordinance (No. 811) by Addi
to the Historic Preservatio
The City Council of the
City of Edina, Minnesota, Ordains:
Section 1. Section 11
of Ordinance No. 811 of the City of Edina i
amended by adding the
following thereto: "Sec. 9. Boundaries of
Preservation District.
The boundaries of the Heritage Preservatio
District shall include
the following described property: That lan
North of Eden Avenue,
West of Grange Road and East and South of Mi
Trunk Highway No. 100
and 50th Street Exit Ramp, commonly referred
as Frank Tupa Historical
Park," and other lands which are hereinaf
to this paragraph by amendments
to this ordinance.
Sec. 2. This ordinance
shall be' in full force and effect upon its
and publication.
ning
g
District .
hereby
eritaae
l lying
inesota
to
;er added
passage
0
Edina Theatre Corporation,
(Minnesota Corporation)
(Corporate Seal)
124. to
Village of Edina, a
Minnesota municipal
corporation.
Warranty Deed
Dated December 30, 1968
Filed January 29, 1969
Book 69 of Hennepin County
Records, page 3760620.
Consideration $1.00, etc.
The East 3 feet of that part
of Lot 44, Auditor's Subdivision
Number 172, lying North of the
South 189.5 feet thereof.
Also, the West 7 feet of the
North 134.75 feet of the South 324.25 feet of Lot 45, Auditor's
Subdivision Number 172.
Also, the West 3 feet of that part of Lot 45, Auditor's Subdivision
Number 172, lying North of the South 324.25 feet thereof.
This conveyance to the Village of Edina (herein referred to as "Edina ")
is made subject to the following conditions, reservations and agreements,
all of which shall run with the land and shall be binding upon and inure
to the benefit of the parties hereto and their respective successors
and assigns:
(1) Edina shall use the foregoing described land as a public pedestrian
walkway so as to afford to members of the public access by foot between
the public streets and sidewalks and the public parking lot to be
established by Edina adjoining on the southerly side of said land.
(2) Edina shall at its expense maintain and keep the same in good
condition and repair and shall keep the same reasonably free of ice and
snow.
(3) Grantor shall have no obligation to repair or maintain said walkway
and shall have no obligation, responsibility or liability to Edina or to
any user of said walkway for any damage or loss in connection therewith.
(Shown for reference as to boundary lines.)
Edina Theatre Corporation,
(Minnesota Corporation)
(Corporate Seal)
125. to
Village of Edina, a
Minnesota municipal
corporation
The West Half of the North Half of Lot
State Deed Tax Stamps $242.00
Hager, Incorporated
126. to
Whom It Concerns
Doc. No. 3024831
Warranty Deed
Dated December 30, 1968
Filed January 29, 1969
Book 69 of Hennepin County
Records, page 3760621.
Consideration $1.00, etc.
The South 189.5 feet of Lot 44,
and the South 189.5 feet of that
part of Lot 45, lying West of
the East 150 feet thereof,
Auditor's Subdivision Number 172.
49, Auditor's Subdivision No. 172.
Articles of Incorporation
Dated Aug. 17, 1956
Filed Aug. 22, 1956
Book 758 of Misc., page 576
Its duration shall be perpetual.
127.
128.
129.
130.
0
Hager of Edina, Inc.
to
Whom It Concerns
Doc. No. 3o88524
By and between:
all the directors of Hager
of Edina, Inc.
(Minnesota Corporation)
(Corporate Seal)
and
all the directors of Hager,
Incorporated
(Minnesota Corporation)
(Corporate Seal)
Doc. No. 3641202
6
Articles of Incorporation
Dated Oct. 7, 1957
Filed Oct. 16, 1957
Book 789 of Misc., page 37.
The duration of this corporation
shall be perpetual.
Agreement of Merger
Dated Dec. 20, 1966
Filed Jan. 5, 1967
Book 1059 of Misc., page 13.
Whereas, all the directors of
Edina and of Hager, respectively,
deem it advisable and in the
best interests of the respective
corporations to merge said
corporations, under the laws of
the State of Minnesota, into a
single corporation, which shall
be one of said corporations, viz,
Edina.
The corporation surviving the
merger is Hager of Edina, Inc.
Joseph L. Donovan Certificate
Secretary of State Dated Dec. 30, 1966
State of Minnesota (Seal) Filed Jan. 5, 1967
to Book 1059 of Misc., page 13.
Whom It Concerns Whereas, an Agreement of Merger,
Doc. No. 3641202 dated as of the 20th day of
December, 1966, by and between
Hager of Edina, Inc. and Hager,
Incorporated, both Minnesota
corporations, and all of the Directors thereof, duly signed, certified
and acknowleged under oath, has been filed for record in this office
on the 30th day of December, 1966 at 8:00 o'clock A.M., for the merger
of the above named corporations into Hager of Edina, Inc., which
corporation will continue as the surviving corporation, with registered
office located at 3946 West 50th Street, Minneapolis, Minnesota;
pursuant to the provisions of Sections 301.41 to 301.45, inclusive,
Minnesota Statutes.
Now, Therefore, I, Joseph L. Donovan, Secretary of State of the State
of Minnesota, by virtue of the powers and duties vested in me by law,
do hereby certify that said above named corporations are legally
merged and made an existing corporation under the name Hager of Edina,
Inc., with the powers, rights and privileges, and subject to the
limitations, duties and restrictions which by law appertain thereto.
Edina Properties, Inc.
to
Whom It Concerns
Doc. No. 2410109
Articles of Incorporation
Dated Nov. 12, 1946
Filed Nov. 20, 1946
Book 501 of Misc., page 204.
Its duration shall be perpetual.
By and between:
Agreement of Merger
all the directors of
Dated June 1, 1972
Edina Properties, Inc.
Filed Aug. 11, 1972
(Minnesota Corporation)
Book 72 of Hennepin County
(Corporate Seal).
Records, page 3963971.
131. and
Whereas, All the directors of
all the directors of
Edina and of Hager, respectively,
Hager of Edina, Inc.
deem it advisable and in the best
(Minnesota Corporation)
interests of the respective
(Corporate Seal)
corporations to merge said
corporations, under the laws of
the State of Minnesota, into a
single corporation, which shall
be one of said corporations, viz:
Hager
The corporation surviving the
merger is Hager of Edina, Inc.
The Articles of Incorporation as amended
of the Surviving Corporation in
force at the time this Agreement of
Merger becomes effective shall be
the Articles of Incorporation of the
Surviving Corporation until the
same shall be duly amended. Article I
of the Articles of Incorporation
of Hager of Edina, Inc. is amended to
read as follows: The name of this
corporation is Edina Properties, Inc.
Arlen I. Erdahl Certificate
Secretary of State Dated July 31, 1972
State of Minnesota (,Seal) Filed Aug. 11, 1972
132. to Book 72 of Hennepin County
Whom It Concerns Records, page 3963971.
Whereas, an Agreement of Merger
dated as of the lst day of June,
1972, by and between Edina
Properties, Inc. and Hager of Edina, Inc., both Minnesota corporations
and all of the Directors thereof, duly signed, certified and acknowledged
under oath, has been filed for record in this office on the 31st day
of July, 1972, at 4:30 o'clock P.M., for the merger of the above named
corporations into Hager of Edina, Inc., whose name thereby changed to
Edina Properties, Inc., which corporation will continue as the surviving
corporation, pursuant to the porvisions of Section 301.41 to 301.45,
Minnesota Statutes.
Now, Therefore, I, Arlen I. Erdahl, Secretary of State of the State of
Minnesota, by virtue of the powers and duties vested in me by law, do
hereby certify that said above named corporations are legally merged
and made an existing corporation under the name Edina Properties, Inc.,
with the powers, rights and privileges, and subject to the limitations,
duties, and restrictions which by law appertain thereto.
Edina Theatre Corporation
(Minnesota Corporation)
(Corporate Seal)
133. to
Edina Properties, Inc.
(Minnesota Corporation)
Warranty Deed
Dated July 8, 1975
Filed July 8, 1975
Book 75 of Hennepin County
Records, page 4150499.
Consideration $1.00, etc.
All that part of Lot 44, Auditor's
Subdivision Number 172, Hennepin
County, Minnesota, lying between
the Northerly 120 feet thereof and
the Southerly 189.5 feet thereof,
except the Easterly 3 feet thereof.
State Deed Tax Stamps $55.00
0
Edina Properties, Inc.
Warranty Deed
(Minnesota Corporation)
Dated December 13, 1976
(No Corporate Seal)
Filed Feb. 3, 1977
134. to
#4264477
City of Edina
Consideration $1.00, etc.
(Minnesota Municipal
The South 2.0 feet of the
Corporation)
following described premises:
All that part of Lot 44, Auditor's
Subdivision No. 172, Hennepin
County, Minnesota, lying between
the Northerly 120 feet thereof and
the Southerly 189.5 feet thereof,
except the Easterly 3 feet thereof.
Free from all incumbrances, except
easements, restrictions and reservations
of record, if any.
State Deed Tax Exempt.
James E. Boerhave, Registered Land Survey No. 1426,
Registered Land Surveyor Hennepin County, Minnesota
Minnesota Registration Dated May 25, 1976
Number 7095 Filed July 6, 1976
135. to Doc. No. 1181414
The Public I, James E. Boerhave, Land
Surveyor, hereby certify that in
accordance with the provisions
of Chapter 508, Minnesota
Statutes of 1949, as amended, I have surveyed the following described
tract of land in the County of Hennepin, State of Minnesota to wit:
That part of Lots 41, 42, and 43, Auditor's Subdivision No. 172, Hennepin
County, Minnesota, described as beginning at a point on the north line of
the south 189.5 feet of said Lot 43, distant 56.77 feet west of the east
line of said Lot 43; thence westerly along said north line, a distance of
3.23 feet to the northwest corner of the east 60 feet of the south 189.5
feet of said Lot 43; thence northerly parallel with the east line of said
Lot 43, a distance of 166.5 feet to the north line of said Lot 43; thence
westerly a distance of 161.07 feet to the northwest corner of said Lot 43;
thence southerly along the west line of said Lot 43, a distance of 150
feet; thence easterly parallel with the north line of said Lot 43, a
distance of 18 feet; thence southerly parallel with the west line of said
Lot 43, a distance of 18 feet; thence westerly parallel with the north
lines of said Lots 43 and 42, a distance of 88.64 feet to a point 9.36
feet easterly of the west line of said Lot 42 a distance of 126.85 feet;
thence southeasterly 100.57 feet on a tangential curve to the left having
a radius of 70 feet; thence easterly on a line tangent to the above
described curve, 168.67 feet; thence continuing southeasterly 10.83 feet
on a tangential curve to the right having a radius of 180 feet to an
intersection with a line produced southerly from the point of beginning
through a point in the south line of said Lot 43, distant 53.67 feet
westerly of the southeast corner of said Lot 43; thence northerly along
the aforedescribed line, 220.61 feet to the point of beginning. The
East, South, and West boundary lines were set by judicial landmarks in
Torrens Case No. 17434.
(Shown for reference.)
136.
A 0
City of Edina Limited Warranty Deed
(Minnesota Municipal Dated December 20, 1976
Corporation) Filed Feb. 3, 1977
(No Corporate Seal) #4264478
to Consideration $1.00, etc.
50th & France Office The South 2.0 feet of the
Building Partnership, a following described premises:
Partnership consisting of All that part of Lot 44,
Allen K. Larson and James Auditor's Subdivision No. 172,
M. Layer. Hennepin County, Minnesota, lying
between the Northerly 120 feet
thereof and the Southerly 189.5
feet thereof, except the Easterly
3 feet thereof; and That part of Lots 43 and 44, Auditor's Subdivision
No. 172, Hennepin County, Minnesota, described as follows: Beginning at
a point on the East line of the West 107 feet of said Lot 44, which
Point is 189.5 feet North of the South line of said Lot 44; thence South,
along said East line, a distance of 8.45 feet; thence West to the most
Southerly and Easterly corner of Tract A, Registered Land Survey No. 1426,
Files of the Registrar of Titles, Hennepin County, Minnesota; thence
North along the most Easterly line of said Tract A to its intersection
with the North line of the South 189.5 feet of said Lots 43 and 44;
thence East, along said North line, to the point of beginning.
Subject to the restriction that party of the second part shall use said
premises to carry out, or cause to be carried out, the "50th & France
Commercial Area Plan ", adopted by the Housing and Redevelopment Authority
of Edina, Minnesota on December 3, 1974, or approved modifications
thereof, and that no use shall be made of said premises, nor of any
building or structure erected thereon, which does not conform to said
Plan, or approved modifications thereof; which restriction shall be deemed
to run with the land and be for the benefit of the part of the first
part and said Authority, and their successors and assigns.
State Deed Tax Exempt.
50th & France Office
Building Partnership,
a partnership consisting
of Allen K. Larson and
James M. Layer
137• to
Whom It Concerns
Declaration of Mutual Easements
Dated January 27, 1977
Filed Feb. 4, 1977
#4264781
(See Exhibit "D" hereto attached.)
0
•
IFS
WHEREAS, There is .about to be constructed on Tract C a
structure consisting of two (2) stories and a level below grade, a
portion of said second story -being aboye and physically connected to
the City Building.(said structure.being hereinafter referred to as the
"Owner's Building "); and
WHEREAS,'Upon completion.of construction of said Buildings,
Developer has agreed to convey the City Property and the City Building
to the City of Edina, a municipal corporation under the laws of the
State of Minnesota; and .
WHEREAS, Included within the City Building is a passageway
Exhibit "D"
Y
t.
1
4264'"!81
n,jA
}�
DECLARATION OF MIITUAL EASEMENTS
THIS DECLARATION, Hade and entered into this =u4 day of
January, 1977, by the 50th S FRANCE OFFICE BUILDING PARTNERSHIP, a
a
partnership consisting of Allen K. Larson and James H. Layer
• a
�e
(hereinafter referred to as the "Developer ");
e
i
WITNESSETH, THAT:
1,
WHEREAS, The Developer is the,fee owner of the premises
I
described as Tracts A and B on Exhibit 1 attached hereto and made a
� •� �•j
part hereof (the "City Property "); and
WHEREAS, The Developer is also the fee owner of the premises
described as Tract C.on said Exhibit 1—(the "Owner's Property "); and
WHEREAS, There is about to be constructed on Tracts A and B
•�
a structure consisting of one (1) story and a level below
Y grade (said
I h ,
structure being hereinafter referred -to as the "City Building "); and
IFS
WHEREAS, There is .about to be constructed on Tract C a
structure consisting of two (2) stories and a level below grade, a
portion of said second story -being aboye and physically connected to
the City Building.(said structure.being hereinafter referred to as the
"Owner's Building "); and
WHEREAS,'Upon completion.of construction of said Buildings,
Developer has agreed to convey the City Property and the City Building
to the City of Edina, a municipal corporation under the laws of the
State of Minnesota; and .
WHEREAS, Included within the City Building is a passageway
Exhibit "D"
Y
0
r,
to the City Building and the Owner's Building'.,
NOW THEREFORE, The Developer hereby declares that the City
Property and the Owner's Property shall •be held, transferred, sold,
conveyed and occupied subject to the covenaats, easements, charges and
liens hereinafter set forth:
1. Definitions. As used herein, the term "Owner" shall
mean the fee owner from time to, time' of the Owner's Property, and the
term "City" shall mean the fee-owner from time to time of the City
Property.
.. p,
Ask
2. Structural Easements in Favor of Owner. The Developer
M-C
..•- �.L.��. � . •w a��.== .....�.� �s mow...., ,•. } -;.a-
.a�
providing ingress and egress from•the Owner's Building to a public
s±t
parking ramp located adjacent to and southerly of Tract A; and
`\
WHEREAS, There is constructed along the southerly wall of
the second story of the Owner's Building a stairway Bil y providing ingress
and egress from said ublic
p parking ramp to the City Building; and
WHEREAS, The heating, ventilating and air conditioning
�t
equipment serving the City Building is located on the roof of the
Owner's Building, the interior access to which is through the Owner's
Building; and
'
WHEREAS, There is constructed on and beneath the surface of
Tract B a passageway designed to facilitate the'delivery of goods,
materials and equipment to the basement levels of the City Building
i a
and the Owner's Building; and
WHEREAS, The City Building and the Owner's Building share
.t
certain structural elements, utility facilities and meant of support;
and
WHEREAS, The Developer desires to provide for certain
rights, easements, appurtenances, interests and benefits with respect
to the City Building and the Owner's Building'.,
NOW THEREFORE, The Developer hereby declares that the City
Property and the Owner's Property shall •be held, transferred, sold,
conveyed and occupied subject to the covenaats, easements, charges and
liens hereinafter set forth:
1. Definitions. As used herein, the term "Owner" shall
mean the fee owner from time to, time' of the Owner's Property, and the
term "City" shall mean the fee-owner from time to time of the City
Property.
.. p,
Ask
2. Structural Easements in Favor of Owner. The Developer
M-C
A
�1
t
the periods reasonably necessary to enable Owner and
its contractors,, agents, employees and representatives
to perform the' maintenance, inspection, repair and
replacement referred to in-subparagraphs (a) and (b) of
this paragraph 2.
3. Structural Easements in Favor of City. the Developer
does hereby establish the following described easements which shall be
appurtenant to and for the benefit of the City Property:
(a) a perpetual easement to use in common with the owner.
and to maintain, inspect. repair and replace. all
structural members, roofs, footings and foundations
contained within or on the Owner's Property as are
—3— .
i
` -—..
, �••eL.�a u•:i�i.........:.5�.. Lyn..V id ".. �+.•.� :x..aLdrif.E�'- ..W�.�
1
I
l'M t
1
(�
does hereby establish the following described easements which shall be
appurtenant to and for the benefit of the Owner's Property:
.�
(a) a perpetual easement to use in common with the City,
and to maintain, inspect, repair and replace. all
structural members, footings and foundations contained
f�
within or on the City Property as are necessary for the
L
i
support (including the lateral support) or protection
of the Owner's Building;
f
(b) a perpetual easement to use in common with the City$
and to maintain, inspect. repair and replace. all
pipes, lines. shafts, ducts and conduits for water.
1
air. gas. steam. plumbing, sewerage, electrical.
{
�I
N.
telephone, heating, ventilating. air conditioning.
exhaust, wiring,- co unication and other utility
facilities contained within the City Property as are
necessary for the use of the Owner's building;
a.perpetual easement for entry upon. and or ingress and
.�
egress through, the City Property and City Building
with men,.materials and equipment to the extent and for
�1
t
the periods reasonably necessary to enable Owner and
its contractors,, agents, employees and representatives
to perform the' maintenance, inspection, repair and
replacement referred to in-subparagraphs (a) and (b) of
this paragraph 2.
3. Structural Easements in Favor of City. the Developer
does hereby establish the following described easements which shall be
appurtenant to and for the benefit of the City Property:
(a) a perpetual easement to use in common with the owner.
and to maintain, inspect. repair and replace. all
structural members, roofs, footings and foundations
contained within or on the Owner's Property as are
—3— .
i
0
_.
1
necessary for the support (including the lateral
+
support) or protection of the City Building;
=I
r
(b) a perpetual easement to use in common with the Owner
y' ±
and to maintain, inspect. repair and replace, all
pipes, lines, shafts. ducts and conduits for water;
air, gas. steam, plumbing, sewerage, electrical.
fr '
telephone, beating, ventilating, air conditioning.
exhaust, wiring, communication and other utility
facilities contained within the Owner's Property as are
e
necessary for the use of the City Building; and
Y'
1
(e) a perpetual easement for entry upon. and for ingress
_
and egress through. the Owner's- Property and the
• rt
'
Owner's Building with men, materials and equipment to
d
spy, j
the extent and for the periods reasonably necessary to
1 i.
enable the City and its contractors. agents. employees
. . i a �• k,� •i. ; . � �
and re resentatives to^
. P perform the maintenance.
inspection. repair and replacement referred to is
/,:•. ,�
subparagraphs (a) and (b) of this paragraph 3.
• 1:
1�4.
.
maintenance of Common Elements. The cost of all main-
tenance. inspection, repair ors replacement of all of the structural
1
elements or utility facilities hereinabove described shall be paid by
the party whose Building benefits solely from such maintenance. in-
.�-
spection. repair or replacement. The cost of such maintenance.
inspection, repair or replacement which benefits both the Owner's
Building and the City Building-shall be apportioned by the City paying
1
one- fourth (1/4) thereof and Owner paying three- fourtbs (3/4) thereof.
If such share is not paid within thirty (30) days after receipt of a
'
statement therefor from the party @erforming the work, it shall bear
44'
interest at the rate of eight percent (8Z) per annum from the date of
receipt of such statement, and shall constitute a lien against the
-4-
Ll
' _ •
'�� rL:!Lc y �!*'.5: r ...�w4r+isT�� -- - — `�"�`� wJ7fCSV+i`w�'�r-- �
�i
non - paying party's Property; which lien may be foreclosed in like
manner as a mechanic's lien.
-�
5. Regulation of Easements. The Owner and the City shall
+
r2 ..
exercise all due diligence and use all reasonable efforts to minimize
any inconvenience or interruption to the use of the other's premises
t
caused by the use of the easements hereinabove granted• and shall
promptly restore, or cause to be restored, to its former condition all
�T r
property which may be affected, damaged or dislocated in the exercise
y
of said rights and easements. Except in cases of emergency, if either
party shall desire to utilize an easment right hereinabove
granted, the exercise of which is likely to cause any inconvenience or
interruption to the use of the other party's premises, such party
t.` °.
shall give the other party at least thirty (30) days' prior written
'
notice of its intention to utilize such easement right.
6. Use and Maintenance of Common Walls. The walls
',�, '•
�S
indicated in red on pages 1 and 3 of the floor plan of Owner's
Building and the City Building attached hereto as Exhibit 2 and made a
part hereof. and the roof of the City Building, and any replacements
j
{
or reconstruction thereof. shall and hereby are declared to be party
walls. Should it become necessary to repair or rebuild the whole or
any portion of the said party walls, the expense of such repair or
'
rebuilding shall be borne equally by the Owner and the City as to so
much of said party walls as are then -�@ing used jointly by Owner and
the City; provided. however, that should any such repair or rebuilding
become necessary due to the negligence or misuse of either party them
such repair or rebuilding shall be done at the sole cost and expense
of the negligent or misusing party. In the event either party becomes
solely obligated to repair or',rebuild the whole or any part of said
#'
party walls, the obligated party shall be liable for all damages of
�f
every nature whatsoever occasioned or caused to the Building or other
property of the other party. and shall be liable for and shall bold
_5_
U
M-M
the other party harmless from air claims whatsoever for injury or
damage caused to any person or persons or property whatsoever due to
such repair or rebuilding. If either party hereto rebuilds all or any
r7 ' ,;
part of the party walls pursuant to this paragraph 6, and the other
^�•�+
party is obligated to but does not then pay its one -half (1/2) share
of the costs thereof, then the other party may use all or any part of
!
such rebuilt party walls only upon payment to the party which did suck
- -�
work of one -half (1/2) of the cost of that part of the rebuilt wall or
walls which the other party desires to use. and. if the other party is
e
obligated under this paragraph to pay its one-half (1/2) share, thes
interest shall also be paid at the rate of eight percent (8Z) per
�S
annum on said share from the date of demand therefor; and upon payment.
t l'"
thereof, said rebuilt wall or walls to the extent so paid for shall be
a party wall or walls subject to the provisions of this Declaration
a
N.
., �•
and said other party may use the same pursuant hereto. If either
" �•
party demolishes their respective Building using said party vans,
such party walls, without the further uct of either of the parties
shall become the sole and absolute property of the other party;
provided. however, that the party so demolishing its Building shall
�� Al
have the right to rebuild on its Property and'use such party walls to
5
I �
�
the extent and as herein provided, in which.case those parts of said
-
party walls so used shall be deemed party walls and subject to the
provisions of this Declaration; and. provided, further, that the
obtaining of sole and absolute ownership of said party vans by either
1
ar
.
party upon the demolition of the Building of the other shall not be
deemed to convey the fee title-to the underlying real estate but only
an easement therein to the extent necessary to maintain and
I
reconstruct said party walla. All work done on or to said party walls
shall be done in a good and; workmanlike manner and in accordance with
.r'
all then applicable laws, statutes, ordinances. rules and regulations.
+
and shall be done promptly and diligently.
M-M
of Ovmer and the
Pz
Said easements shall, be for the bene
tenants of the Owners Building, and its and their subtemants and
employees, and with respe4 to the 'Passageway Easement /Area, for the
benefit of its and their business invitees. Owner's use of the
Delivery Easement Area shall be in common with the use thereof by City
and the use thereof by any other person or, entity to whom the City way
grant similar rights. and shall be subject to such reasonable rules
and regulations as may from time to time be established by the City
governing the use of said Delivery- gasesent Area.
8. Passageway and Stairway Easements in Favor of and Stairway Easements in of CitX. The
Developer does hereby further establish for the benefit of the City
and appurtenant to the City Property. a non - exclusive easement for
-7-
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.v t�kY..+ a_ �. t.. i': n�. n.,«:. ii' r�i��.•: �r' i'\! �
1
j7. P
Passageway and Delivery Easements in Favor of Owner. ;
The Developer does hereby further establish the following described
easements which shall be appurtenant to the Owner's Property:
(a) a non_ - exclusive easement for pedestrian walkway
1� p
purposes upon, across and through the passageway
constructed on and above the surface of the premises
described as Tract D on Exhibit 1 attached hereto, said
�.� p
passageway being shown shaded in yellow on page I of
e E
Exhibit 2 and being hereinafter referred to as the
r
f "
"Owner's Passageway Easement Area"; a"
r �7; (
(b) a non - exclusive easement for purposes of the delivery
1
of goods, materials, equipment and supplies, and for
the removal of trash and garbage, upon. across and
.�.I �•' t
through the passageway constructed on and beneath the
surface of Tract B and the Owner's. Passageway Easement
Area.. said passageway being shown cross - latched in
green on page 3 of Exhibit 2 and being 6ereimafter
referred to as the "Delivery Easement Aree.
''
.� '
f' o
Pz
Said easements shall, be for the bene
tenants of the Owners Building, and its and their subtemants and
employees, and with respe4 to the 'Passageway Easement /Area, for the
benefit of its and their business invitees. Owner's use of the
Delivery Easement Area shall be in common with the use thereof by City
and the use thereof by any other person or, entity to whom the City way
grant similar rights. and shall be subject to such reasonable rules
and regulations as may from time to time be established by the City
governing the use of said Delivery- gasesent Area.
8. Passageway and Stairway Easements in Favor of and Stairway Easements in of CitX. The
Developer does hereby further establish for the benefit of the City
and appurtenant to the City Property. a non - exclusive easement for
-7-
-8-
_
r
i
-
pedestrian walkway purposes over, across and through the stairway
-i
constructed on the second story of the Owner's Building, said stairway:
being shown cross - hatched in red on page 2 of Exhibit 2 and being
Qi !
hereinafter referred to as the "Stairway Easement Area ", and a
1 I.
non - exclusive easement for pedestrian walkway and access
purposes
1 •.'�`i{�{�
upon, across and throw h the
g passageways constructed on, above and
r
beneath the surface of the premises described as Tract E on Exhibit 1
`
attached hereto, said passageways being shown shaded in blue on pages
l
�c
1 and 3 of Exhibit 2 attached hereto and being hereinafter referred to
as the "City's Passageway Easement Areas".
'
9. Roof -top and Access Easements in Favor of Ci[ y. The
S
Developer does hereby further establish for the benefit of the City
li
and appurtenant to the City Property, a non- exclusive easement to use
i
the corridors, elevator and stairways located in the Owner's Building
1 C ,�•
for purposes of access to the storage room shown shaded in green on page 2
� r.
s7a.� • , , r 1 .+
of Exhibit 2, and to use said storage room and the ladder facility located
therein for purposes of access to the roof of the Owner's Building; and an
easement to use the roof of the Owner's Building for the purposes of access
,I
•�:rr)J; t dd
to and the continued installation, maintenance, repair, replacement and
h t
re- installation of the heating, ventilating, g, air conditioning and exhaust
t7.
equipment, and related apparatus, serving the City Building which is located
yy
�1
on the roof of the Owner's Building. City shall be liable for, and shall i
promptly repair, any damage cam" to the Owner's Building by reason of its
use of the- easements herein granted. -
10. Maintenance of Easepnt Areas. Owner shall, at its
sole cost and expense, keep and_ maintain the Owner's Passageway
Easement Area and the City's Passageway Easement Areas in good and
clean condition and state of repair ,'including all walls, ceilings,
floors, doorways and partitions therein. .City shall, at its sole cost '
�r
and expense, keep and maintain the Stairv4i Easement Area in good and
clean condition and state of repair. City shall also be responsible
for the maintenance and repair of the Delivery Easement Area, but
-8-
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Owner agrees to reimburse City for one -half (1/2) of the cost of such
maintenance and repair as reasonably determined by City. Such
reimbursement shall be made within ten (10) days after receipt of a
statement therefor from City, which if not paid when due shall bear
interest at the rate of eight percent (8Z) per annum from the date
when due and shall constitute a lien against Tract C which lien may be
foreclosed in like manner as a mechanic's lien. Such statements shall
be submitted to Owner at such times as City shall elect and no delay
or failure by City in submitting such statement shall constitute a
waiver by the City of the right to submit a statement to Owner for its
share of the cost of any maintenance or repair theretofore or
thereafter performed.
11. Freehold Estates Inviolate. Nothing herein contained
shall be construed to diminish or derogate from the fee simple
absolute estate of the City in and to the City Property or the fee
simple absolute estate of the Owner in and to the Owner's Propertys
and no provision hereof or act or omission of either the City or the
Owaer is intended to be, nor shall the same be construed as, a consent
that any mechanics' or other lien shall attach to the Owner's Property
for the cost of any improvement made or caused tto be made by the City,
or to the City Property for the cost of any - improvement made or caused
to br made by the Owner. .
12. Covenants and Easements io Run with the land. All
rights and easements herein established for the benefit of the City
are intended to be appurtenant to and pass with conveyance of title to
the City Property, and all rights and easements herein established for
the benefit of the Owner are intended to be appurtenant to and pass
with any conveyance of title to the Owner's Property. All covenants
and obligations herein imposed upon-the City shall be deemed to run
with the land and be binding upon all future owners of the City
-9-
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•_.a:.- .1s'_.i.r -1=... •w .+?- iS.�v�..::c: �.� it'd •'yI� �%' � -rMlll a�..'. T- srliwa�i.a
Property, and all covenants and obligations herein imposed upon the
Owner shall be deemed to run with the land and be binding upon all
- Fr
r
r future owners of the Owner's Property.
IN WITNESS WHEREOF, The Developer has caused this
Declaration to tie duly executed on the day and year first above
I written.
STATE DEED TAR DUE HEREON: $2.20.
• �E
If I E OF ` DEFT. OF = 50th & FRANCE OFFICE BUILDING
a e•Y —
..ff
r �. t'• • - ., _ -' - _- - _ PARTNERSHIP
CEED
FE: -,•T, 2. 2 G _ Ey� ,-.--
TS lea K Lax-son, -- P.5.1051! � _ � s artner
+i
And
F' J s M. Layer. Part
THIS INSTRUMENT WAS DRAFTED BY:
Dorsey, Windh ors t, Hannaford,
+, Whitney 6 Halladay
2300 First National Bank Building NO CORPORATE ',SCAL
Minneapolis. Minnesota 55402 — ,.._..
STATE OF MINNESOTA)
;�;? '•�1 ! ss.
COUNTY OF HENNEPIN) e
Thee foregoing instru:iIent was acknowledged before me this
'114, day of J�ANoHY ;, 1977, by Allen K. Larson and James M. Layer.
. } partners on ehab if of 50th 6 FRANCE OFFICE BUILDING PARTNERSHIP. a
partnership.
� � •• � ��;riquen4 42Xet
and transfer entered
i' FINANCE DIVISION FEB 4 1977
�►" HIIgNWN COUNTY, MINX _ No delinquent taxes
and transfer entered
FINANCE DIVISION
N `
F, N ECTOR HENNEPIN Coum, Mi,%&
FlI1P. ' D(V►S. ES>6P1J1Y
p.0 �
/ U4�
� a,. wrrwn — FINAP DIVISION DIRECTOR
,... v � % By • �� GEPU
TINS cerllllcMlp Ooq .l rN.b b t�
br 1M wrnnt ye.r /Q �'1 wyyr
h rn.y —t M OMM �� 1
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Exhibit 1
To Declaration of Mutual Easements
The "City Property" '
Tract A:
That part of the following described premises lying below the eleva-
tion of eight hundred ninety -nine (899) feet mean sea level, 1929 /
adjustment:
The South 43.5 feet of the North 166.5 feet of the West 54 feet
of the East 60 feet of Lot 43, Auditor's Subdivision No. 172,
Hennepin County, Minnesota; and
The South 2.0 feet of the East 6.0 feet of the North 166.5 feet
of Lot 43. Auditor's Subdivision No. 172, Hennepin'County.
Minnesota; and
Tract A. Registered Land Survey No.'1426, Files of the Registrar
of Titles, Hennepin County, Minnesota, except the North 123 feet
thereof; and
That part of Lot 43, Auditor's Subdivision No. 172, Hennepin
County. Minnesota, described as follows:
Beginning at a point on the East line of said Lot 43 distant
166.5 feet South of the North line thereof; thence South
along said East line to its intersection with Line "A"
described below; thence West 'along said Line "A" to the most
Southerly and Easterly corner of Tract A. Registered Land
Survey No. 1426, Files of the Registrar of Titles. Hennepin
County, Minnesota; thence North -along the most Easterly line
of said Tract A to its intersection with the South line of
the North 166.5 feet of said Lot 43;' thence East. along said
South line to the point of beginning.
Tract B:
The South 2.0 feet of the following described premises:
All that part of Lot•44, Auditor's Subdivision No. 1720
Hennepin County. Hinnesota,'.iying between the Northerly 120
feet thereof and the Southerly 189.5 feet thereof, except
the Easterly 3 feet thereof; and.
That part of Lot 44, Auditor's Subdivision No. 172. Hennepin
County. Minnesota, described as follows:
Beginning at a point on'the East line of the West 107 feet
of said Lot 44, which point is 189.5 feet North of the South
line of said Lot 44; thence South. along said East line to
its intersection witH Line "A" described below; thence West
along said Line "A!' to its.intersection with the West line
of said Lot 44; thence North along said West line, to its
intersection with the North line of the South'189.5 feet of
said Lot 44; thence East. along said North line to the point
of beginning.
0
L_
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I� Tract C:
t'
iorw
The "Owner's Property"
1
The North 166.5 feet of the East 60 feet of Lot 43, Auditor's
r7
Subdivision No. 172, Hcnnepin County, Minnesota, except the South
�r
43.5 feet of West 54 feet thereof, and except the South 2.0 feet
�'
of the East 6.0 feet thereof; and
i"•'�,;r�P
The North 123 feet of Tract•A, Registered Land Survey No. 1426.
Files of the Registrar of Titles, Hennepin County. Minnesota; and
yy{
That part of the following described premises lying above the
elevation of eight hundred ninety—nine g (899) feet mean sea level.
1929 adjustment:
The South 43.5 feet of the North 166.5 feet of the West 54
feet of the East 60 feet of Lot 43, Auditor's Subdivision
No. 172, hennepin County. Minnesota; and
1
The South 2.0 feet of the East 6.0 feet of the North 166.5
4
feet of Lot 43, Auditor's Subdivision No. 172. Hennepin
'1
County, Minnesota; and
j
Tract A, Registered Land Survey No. 1426. Files of the
1
Registrar of Titles, Hennepin County, Minnesota, except the
North 123 feet thereof; and
That part of Lot 43, Auditor's Subdivision No. 172. Hennepin
County, Minnesota. described as follows:
k F i
Beginning at a point on the East line of said Lot 43 distant
166.5 feet South of the North line thereof; thence South
-:..,`�• ,�
along said East line to its intersection with Line "A"
�d Al ,,,
described below; thence West along said Line "A" to the most
"�:i,j;.',= '•�
Southerly and Easterly corner of Tract A, Registered Land
Survey No. 1426. Files of.the Registrar of Titles. Hennepin
1%
�t
County, Minnesota; thence North along the most Easterly line
of said Tract A to its intersection South
with the line of
the North 166.5 feet of said Lot 43; thence East, along said
�.
South line, to the,po•int of beginning.
The "Passageway Easement Areas"
Tract D:
That part of the East 6 feet of the South 191.5 feet of Lot 43.
Auditor's Subdivision No. 172, Hennepin County. Minnesota, lying
North of Line "A" described below.
Tract E:
1
That part of the East 6 feet of Lot 43, Auditor's Subdivision no.
172, Hennepin County. Minnesota. lying North of the South 191.5
1
feet thereof and lying South of the North 140 feet thereof.
r
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Line "A"
A straight line drawn between the most Southerly and Easterly
It :!q
fr
corner of Tract A, Registered Land Survey No. 1426, Piles of the
Registrar of Titles, Hennepin County, Minnesota, and a point on
1
the East line of the lest 107 fee[ of Lot 44• Auditor's
Subdivision
,2 f I
n1
N0. 172, Hennepin County. Minnesota. distant 181.05
feet
North of the South line hereof.
` I F�•''lyf
of
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, .
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Exhibit 2
to
Declaration bf mutual-Easements
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Page x
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41
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^_: •�':,�' '' � ! .I rid t,� � ',aE
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•
50th & France Office
Building Partnership,
a partnership consisting
of Allen K. Larson and
James M. Layer
138. to
First Federal Savings
and Loan Association
of Minneapolis
(United States of
America Corporation)
Mortgage
Dated March
Filed March
#4269842
(See Exhibit
t
4, 1977
7, 1977
"E" hereto attached.)
J
The North 166.5 feet of the East 60 feet of Lot 43, Auditor's Sub -
1 division No. 172, Hennepin County, Minnesota, except the South 43.5
feet of the West 54 feet thereof, and except the South 2.O feet of
R
the East 6.0 feet thereof; and
The North 123 feet of Tract A, Registered Land Survey No. 1426, Files f
of the Registrar of Titles, Hennepin g pin County, Minnesota; and
That part of the following described premises lying above the elevation
of eight hundred ninety -nine (899) feet mean sea level, 1929 adjustment:
The South 43.5 feet of the North 166.5 feet of the West 54
1,1 ?'.lrltlAl6 feet of the East 60 feet of Lot 43, Auditor's Subdivision
No. 172, Hennepin County, Minnesota; and
t " The South. 2.0 feet of the East 6.0 feet of the North 166.5 feet
of Lot 43, Auditor's Subdivision No. 172, Hennepin County,
Minnesota; and
'V
Tract A, Registered Land Survey No. 1426, Files of Registrar of
r�
Titles, Hennepin County,'Minnesota, except the North 123 feet
thereof; and tt
• C1
• • • r
y
hat part of Lot 43, Auditor's Subdivision No. 172, Hennepin.
*Cs
County, Minnesota, described as follows:
�/ /
�
1fVVVV�I•I
•
MORTGAGE
Beginning at a point on the East line of said Lot 43 distant
THIS INDENTURE, made this 4th day of March , 1977,
said East line to its intersection with Line "A" described
WITNESSETH:
'J }1
That 50th & France Office Building Partnership, a partnership
and Easterly corner'of Tract A, Registered Land Survey No. 1426,
consisting of Allen K: Larson and James M. Layer, hereinafter called
�i
f-- -e
the "Mortgagor ", in consideration of Eight Hundred Twenty -five Thousand /
L ll
($825,000.00) Dollars.in hand paid by First Federal Savings and Loan
c
Association of Minneapolis, a corporation organized under the laws of �.
point of beginning.
'
F
the United States of America, having its principal place of business in is
a r�
lc'/
the City of Minneapolis, Minnesota, hereinafter referred to as "First r
5
Federal"or "Mortgagee ", does hereby grant, bargain, sell and convey unto
said First Federal, its successors and assigns, the following described
real estate in Hennepin County, Minnesota, to -wit: f
The North 166.5 feet of the East 60 feet of Lot 43, Auditor's Sub -
1 division No. 172, Hennepin County, Minnesota, except the South 43.5
feet of the West 54 feet thereof, and except the South 2.O feet of
R
the East 6.0 feet thereof; and
The North 123 feet of Tract A, Registered Land Survey No. 1426, Files f
of the Registrar of Titles, Hennepin g pin County, Minnesota; and
That part of the following described premises lying above the elevation
of eight hundred ninety -nine (899) feet mean sea level, 1929 adjustment:
The South 43.5 feet of the North 166.5 feet of the West 54
1,1 ?'.lrltlAl6 feet of the East 60 feet of Lot 43, Auditor's Subdivision
No. 172, Hennepin County, Minnesota; and
t " The South. 2.0 feet of the East 6.0 feet of the North 166.5 feet
of Lot 43, Auditor's Subdivision No. 172, Hennepin County,
Minnesota; and
Exhibit "E"
'V
Tract A, Registered Land Survey No. 1426, Files of Registrar of
r�
Titles, Hennepin County,'Minnesota, except the North 123 feet
thereof; and tt
hat part of Lot 43, Auditor's Subdivision No. 172, Hennepin.
*Cs
County, Minnesota, described as follows:
1
4
Beginning at a point on the East line of said Lot 43 distant
166.5 feet South of the North line thereof; thence South along
said East line to its intersection with Line "A" described
below; thence West along said Line "A" to the most Southerly
a
and Easterly corner'of Tract A, Registered Land Survey No. 1426,
Files of the Registrar of Titles, Hennepin County, Minnesota;
thence North along the most Easterly line of said Tract A to
its intersection with the South line of the North 166.5 feet
s,
of said Lot 43; thence East, along said South line, to the
point of beginning.
'
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lc'/
Exhibit "E"
C\1
all
Z.0 I Line 'An:
A straight line drawn between the most Southerly and
Easterly
corner of Tract A, Registered Land Survey No. 1426, Files of the
Registrar of Titles, Hennepin County, Minnesota, and a point on
0.7.
the East line of the West 107 feet of Lot 44, Auditor's Sub-
division No. 172,'Hennepin.County, Minnesota, distant 181.05
feet North of the South line thereof.
TOGETHER WITH a non -exclusive easement for automobile-parking pur-
poses over and across the following described premises:
'Nft The West 26.54 feet of Tract B, Registered Land Survey No. 1 1426,
Files of the Registrar of Titles, Hennepin County, Minnesota.
AND together with the rights and easements appurtenant to the above
7 premises as established by that certain Declaration of Mutual Ease-
ments dated January 27, 1977, filed in the office of the Hennepin
County Recorder on February 4, 1977 and recorded as Document No.
4264781, and also filed in the office of the Hennepin County Registrar
of Titles on February 11, 1977 and registered as Document No. 1209069;
together with any street or alleys adjacent.to said premises vacated or
to be vacated; and together with all rights, privileges, easements and
appurtenances thereunto attached or belonging t I o all the property herein
described, and all improvements now or hereafter erected thereon,
including all gas and electric fixtures, radiators, heaters, heat
regulators,
oil and gas burners, stokers, air conditioning apparatus,
engines and machinery, boilers, ranges, elevators and motors, sinks,
water closets, basins, pipes, faucets, and all other plumbing and
heating fixtures, water supply and-heating apparatus,
storm windows
and doors, window screens, screen doors, window shades, awnings, locks,
mirrors, mantels, refrigerating plant and units, AND IN ADDITION THERETO,
all fixed and movable machinery, witl;*their spare parts and attachments,
all carpeting, rugs, and all fixtures, implements and apparatus used in
connection with the operation.of the building located or to be located
4W
40
upon said premises, and all appliances connected with and appurtenant
thereto, (excluding all trade fixtures and personal property of any
GT tenants of the premises), and any and all increases and accessions of or
to any of the above named items, whether by replacement, repairing or
addition to the aggregate thereof, any-rjew appliance, fixtures, or
other above named items, which it is definitely agreed are, and shall be
deemed to be, fixtures and a part of the real estate whether physically
-2-
•
....,.. ter..`
W
attached thereto or not, and are -a portion of the security for
the indebt-
edness herein mentioned; (the whole
F
of the P ro ert y, real or personal,
!t
hereby conveyed being sometimes hereinafter referred to as "the mort-
gaged property "),
i•.•►•.�(�
r
TO HAVE AND TO HOLD THE SAME, together with all the hereditaments
t
and appurtenances thereunto belonging,
ging, or in anywise appertaining
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unto
First Federal and its
successors and assigns, forever. .And the Mortgagor
`;.
does covenant with First Federal, its successors and
assigns, as follows:
First, that it is
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lawfully seized of said mortgaged .property; Second, that
it has good right to convey the same; Third, that the
same is free from
all encumbrances unless otherwise indicated herein; Fourth, that First
Federal and its successors and assigns, shall quietly enjoy
and possess
the same; and the Mortgagor will warrant and defend the title to the
same against all lawful claims.
TO SECURE:
The payment of a promissory'note executed by the Mortgagor to
1
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First Federal bearing even date herewith in the principal sum of Eight
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Hundred Twenty -five Thousand ($825,000.00) Dollars,
`•
payable in monthly
installments, with interest thereon-at the rate provided therein and
maturing on February 1st
2002.
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2• Any and all advances made by the Mort a ee herein to
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- protect
its interests. '
3. All of the covenants and'dbligations of the Mortgagor to First
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Federal contained herein.
S
PROVIDED,NEVERTHELESS, that if the Mortgagor, its
,rs
successors or
k
assigns, shall well and trul y'pay or cause to be paid, to First Federal,
its successors or assigns, at its office at 77 South Seventh Street,
Minneapolis, Minnesota the total sum of Eight Hundred Twenty-five
Y-
;
Thousand ($825,000.00) Dollars, according to the terms and conditionsr;
�s
of the promissory note mentioned in Paragraph 11" of the INDEBTEDNESS
.-9
CLAUSE herein, and shall well and truly keep and Perform, all and
singular, the covenants and agreements herein and in said note, on the
part of the Mortgagor to be kept and performed, and shall
},
repay any
-3-
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advances made by the Mortgageee . to Protect its interest
or for any
2
other pur pose, then this mortgage shall be void.
ii
THE UNDERSIGNED AS MORTGAGOR FOR ITSELF AND ITS SUCCESSORS AND
ASSIGNS FURTHER COVENANTS AND AGREES AS FOLLOWS:
The Mortgagor will keep its building, improvements,
fixtures and
any other items constituting the security for the indebtne'ss herein
j,
located upon said real estate insured against loss or damage by a
policy
or Policies providing for'Fixe, Extended Coverage, Vandalism and Boiler
1.
Explosion insurance, and in addition as to personalty theft insruance,
0
in a company or companies satisfactory to the holder of the
note during
the existence of the debt hereby secured. On buildings, improvements
and fixtures, the amount of said insurance shall be at least Eight
Hundred TwentY-five Thousand.($825,00o.00) Dollars, against
.4
each of the
said hazards, and on mortgaged items which must be insured separately as
personalty the amount of said insurance shall be their full insurable
value against each of the said hazards All Policies providing for
such insurance shall constantly be assigned, pledged and delivered to
First Federal, as additional security for the payment of the indebtedness
herein; and full power is hereby conferred . upon First Federal to settle
and compromise all loss claims on all such Policies, to demand, receive
and receipt for all moneys becomi*' payable thereunder
f
Ing and to apply the
same toward the payment-of said indebtedness, and in the
event of fore-
closure sale hereunder or other conveyance of the mortgage I d property,
First Federal shall have the power to•assign such insurance Policies to
the purchaser of the mortgaged property. Mortgagor will maintain during
the life of this mortgage a public liability policy in which First
Federal is named as an additional insured . with limits of at least Five
Hunired Thousand ($500,000-00) Dollars for
any one occurrence and
evidence of said Policy will.be supplied to Mortgagee. If Mortgagor
4
shall ever fail to deliver to Mortgagee a sufficient renewal Policy or
evidence of the renewal of any of said insurance at leas t fifteen
days before any POlfcy shall expire, then Mortgagee may order and
pay
-4-
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mortgage debt shall be and become immediately due and payable at the
election of the-Mortgagee; provided, however, said election shall be
unavailing and this Mortgage and the' -Note shall be and remain in effect
as though said law had not been enacted or said decision had not been
rendered if, notwithstanding such law or decision, the Mortgagor law-
. I
fully pays such tax,. assessment or charge'to or for Mortgagee. !
3. If at any time the Mortgagor shall be in default in performance
M
of any of the agreements herein or in the said promissory note contained.
First Federal in addition to and without waiving other remedies, has 1
power and authority to take possession of the mortgaged property and to R
manage, control and lease the same and collect all the rents, issues and
profits therefrom and apply such income to pay all expenses of management
of the property, taxes.and special assessments, and reasonable and
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for such required new policy. Upon receipt of any information that
said insurance has terminated or will, for any cause, terminate,
'
Mortgagee may order a new policy and charge the premium thereof to
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Mortgagor; Mortgagee shall be the sole judge of the type and the amount
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of insurance coverage and the amount to be paid therefore„
2. The Mortgagor agrees to pay all and singular the real estate
taxes, special assessments, levies and encumbrances of every nature
heretofore or hereafter assessed against the mortgaged property before
a
they have become delinquent; and if the same become delinquent, First
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Federal, or its representatives may at any time pay the same and the
official receipt for sums so paid shall be conclusive evidence of the
'
validity and the amount of such taxes and assessments and other sums
` T `'F•'
so paid. The Mortgagor agrees to pay to First Federal in escrow addi-
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tional monthly payments equal to 1 /12th of such amount as First Federal's
'.;�•
secretary shall estimate to be required for the purpose of accumulating
a non - interest bearing.fund with which to pay before delinquent all
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general and special taxes and special assessments levied upon said
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premises. If the Mortgagee is required by legislative enactment or j
+�
judicial decision to pay any such tax, assessment or charge, the Note
and any accrued interest thereon together with any additions to the
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mortgage debt shall be and become immediately due and payable at the
election of the-Mortgagee; provided, however, said election shall be
unavailing and this Mortgage and the' -Note shall be and remain in effect
as though said law had not been enacted or said decision had not been
rendered if, notwithstanding such law or decision, the Mortgagor law-
. I
fully pays such tax,. assessment or charge'to or for Mortgagee. !
3. If at any time the Mortgagor shall be in default in performance
M
of any of the agreements herein or in the said promissory note contained.
First Federal in addition to and without waiving other remedies, has 1
power and authority to take possession of the mortgaged property and to R
manage, control and lease the same and collect all the rents, issues and
profits therefrom and apply such income to pay all expenses of management
of the property, taxes.and special assessments, and reasonable and
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and necessary repairs, and to the payment of any indebtedness secured
by this mortgage.
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4. The Mortgagor hereby assigns to First Federal as additional
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security for the debt secured hereby,
y, any and all profits and rents
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payable on leases now or hereafter existing on the mortgaged property
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or an y part thereof, and such assignment shall be irrevocable.
S. if First Federal pays any prior liens from the proceeds of
the loan secured by this mortgage, it shall be subrogated to the rights
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of the holder of such prior lien as fully as if such lien had been
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assigned to First Federal.
5
6. All advances made by First Federal on behalf of the Mortgagor
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under the provisions of this instrument, for the purpose of
paying
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taxes, special assessments, insurance and other liens shall at once
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be due First Federal in addition to the regular payments required by
the promissory note and shall bear interest at the rate
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provided in
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said promissory note from the date of the advancement until paid and
all advances so made shall be included as additional amounts secured
by this instrument*.
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7. Mortgagor will keep *the mortgaged property in good repair and
!
fully protect from the elements and will 'complete the construction of
the same; it will not.commit or permit an
• P y'waste thereon and will do and
permit no act by which the mortgaggd•property shall become less valuable;
it will do and permit no violation oi'any building or zoning law
i s
affecting the premises or of any restriction as to the use and occup-
ancy of the premises; it will not remove or permit removal of any of .
the mortgaged property from the said premises (except fixtures
or
equipment when replaced by similar property of comparable value); no
fixtures or. equipment will be installed subject to vendor's
liens or
other liens and should any be hereafter installed the lien of this
instrument shall immediately attach and be prior and superior to the
liens or claims of dthers.
-6-
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8. If First Federal shall at any time be made a party to any suit
or proceedings affecting or questioning the title to or possession of
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or this lien on any of the mortgaged property, the Mortgagor agrees to
pay all court costs and expenses and all reasonable attorneys' fees
- .�` „r'�
incurred by First Federal in such proceedings and the lien of this
�--
mortgage shall secure payment thereof to First Federal.
4
9. Mortgagor further covenants and agrees that if any lien for
-�
labor, skill or material shall be filed for record during the life of
-i
this mortgage, upon or against the mortgaged property, or any part .
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thereof, that Mortgagor will within 30 days after the date of its
filing for record, either pay off the said lien or secure its satis-
faction of record, or will protect the Mortgagee against any loss or
damage growing out of its enforcement, by depositing with the Mortgagee
the amount claimed to be due on said lien, with an additional sum of
$500.00 to cover interest and the Mortgagee's attorneys' fees and costs;
or by furnishing a bond for the-same-amount in the form and with sureties
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to be approved by the Mortgagee. If the validity of said lien shall
;-
be established either by agreement of the lienor and the Mortgagor, or
by legal adjudication, the Mortgagee may use so much of the moneys or
of the bond deposited with it as aforesaid, as may be necessary for the
to
1
purpose, pay off and discharge said lien and to pay the Mortgagee's
-
attorneys' fees and costs, returning any money surplus to the Mortgagor
rnand
any bond surplus to the.suretids.*
10. If at any time all or any portion of the mortgaged property shall
L L
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be taken or damaged by condemnation proceedings under the power of eminent
domain, all compensation awarded shall be paid directly to First Federal
and applied on the last maturing installments of the indebtedness
hereby secured.
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Mortgagor agrees not to sell, assign, convey or mortgage (except
a second mortgage to the City of Edina-,for approximately $74,600.00) the
�'•
legal or equitable title or both legal and equitable title to all or
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any portion of the mortgaged property without the prior written consent
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}rw'yr�aw�.•.:��'ar.`~'�7Y.ti►s
1. �....'•_G •iI:
Of the mortgagee.
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12. Each and every power or remedy herein specifically given shall
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be in addition to every other power or remedy, existing or implied, now
•
or hereafter g iven or existing at law or in equity, y, and each and every
power and remedy herein specifically given or otherwise so existing or
given may be exercised from time to time and as often and in such order
a
as may be deemed expedient by Mortgagee or the holder of the promissory
note and the exercise or the beginning of the exercise of one power or
'
remedy shall not be deemed a waiver of the right to exercise at the same
0
time or thereafter any other power or remedy. No delay or omission
of the Mortgagee in the exercise of any right or ower accruing ng hereunder
shall impair any such right or power or be construed to be a waiver of
any default or acquiescence therein.
.'
13. Any breach at any time of any of the conditions, terms or
�•
provisions of the Building Loan Agreement of even date herewith
!
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entered into between Mortgagor,, tgagor,• First Federal, Title Insurance Company
p ny
of Minnesota, and the'City of Edina shall be considered and it shall be
�)`)�""■■ti,• -. '. _- ,'
a default under the mortgage note and this mortgage.
14. Mortgagee and its agents.shall have the right to inspect the
mortgaged property at all reasonable times.
15. In the case of the commencement'of foreclosure of this mortgage,
either by action or advertisement, the Mort gagor will pay to the Mort -
gagee all expenses incurred in procuring and continuing abstracts of
t:
title or other satisfactory showing of title for the purpose of such
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foreclosure; and will pay, in addition to taxable costs, maximum
`.
attorneys' fees allowed by law;- all of which sums shall be included in
any judgment of foreclosure or foreclosure by advertisement of this
mortgage.
16. Notwithstanding the-provisions of Section 15 above, in the
_
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event the ownership of the mortgage property, or any part thereof,
becomes vested in persons other•than the Mortgagor, the Mortgagee may
deal with such successor or successors in interest with reference to
this mortgage and the debts secured in the same manner as with the
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Mortgagor, without in any manner vitiating or discharging the liability
of the Mortgagor hereunder in accordance with the terms of the indebted -
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ness secured hereby.
17. IF DEFAULT BE MADE IN THE PAYMENT OF SAID PRINCIPAL SUM OF
:�•(y1�
MONEY, OR IN THE INTEREST, OR THE TAXES, OR IN INSURING THE MORTGAGED
1
PROPERTY AS AFORESAID; OR ANY PART THEREOF, AT THE TIME AND IN THE
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1
MANNER SPECIFIED FOR THE PAYMENT THEREOF IN SAID PROMISSORY NOTE SECURED
BY THIS MORTGAGE, OR IN ANY OF THE COVENANTS AND AGREEMENTS OF THE
MORTGAGOR THEREIN OR HEREIN CONTAINED, OR IN ANY OF THE COVENANTS AND
AGREEMENTS OF THE MORTGAGOR CONTAINED IN THE BUILDING LOAN AGREEMENT
r
REFERRED TO IN PARAGRAPH 13 ABOVE, FIRST FEDERAL, ITS SUCCESSORS OR
ASSIGNS, ARE HEREBY AUTHORIZED AND EMPOWERED TO DECLARE THE WHOLE
AMOUNT SECURED BY THIS MORTGAGE IMMEDIATELY DUE AND PAYABLE, AND MAY
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THEN COLLECT ALL SUCH INDEBTEDNESS BY COURT ACTION OR OTHERWISE AND
ARE HEREBY AUTHORIZED AND EMPOWERED TO FORECLOSE THIS MORTGAGE BY
i _a.
ADVERTISEMENT PURSUANT TO MINNESOTA STATUTES, CHAPTER 580, AS HEREAFTER
AMENDED OR PURSUANT TO ANY SIMILAR OR- REPLACEMENT STATUTE HEREAFTER
ENACTED; AND MORTGAGOR AGREES THAT IF THE MORTGAGEE ELECTS TO FORECLOSE
1
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_
BY ADVERTISEMENT, IT MAY CAUSE THE MORTGAGED PROPERTY, OR ANY PART
THEREOF, TO.BE SOLD AT PUBLIC AUCTION AND CONVEYED TO THE PURCHASER IN
.,"
FEE SIMPLE AGREEABLY TO SAID STATUTE, THAT NOTICE OF SUCH SALE MUST
,`'•
BE PUBLISHED FOR SIX (6) SUCCESSIVE WEEKS AT LEAST ONCE EACH WEEK:
THAT SUCH NOTICE SHALL BE SERVED ON ANY PERSON OR ENTITY IN POSSESSION
F-1
OF THE MORTGAGED PROPERTY_AT -LEAST Fbi (4) WEEKS BEFORE THE APPOINTED
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TIME OF SALE; AND OUT OF THE MONEYS.ARISING FROM THE SALE TO RETAIN THE
PRINCIPAL SUM HEREBY SECURED, THE INTEREST THEN ACCRUED, ALL SUCH SUMS
AS SHALL HAVE BEEN PAID FOR INSURANCE,-REAL ESTATE TAXES, SPECIAL
ASSESSMENTS, REPAIRS, AND FOR THE SATISFACTION OF STATUTORY LIENS
OF,)`''
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FORECLOSED OR PAID, AND ADVANCEMENTS MADE BY THE MORTGAGEE TO PROTECT
ITS INTERS STS, WITH INTEREST THEREON -AS PROVIDED IN SAID NOTE, AND ALL
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OTHER SUMS WHICH SHALL THEN BE DUE UNDER A'HE TERMS OF THIS MORTGAGE,
TOGETHER WITH ALL STATUTORY COSTS AND CHARGES FOR SUCH FORECLOSURE,
AND
MAXIMUM ATTORNEYS' FEES ALLOWED BY LAW AND TO PAY THE OVERPLUS, IF ANY,
;1
TO THE MORTGAGOR, ITS SUCCESSORS OR ASSIGNS. MORTGAGOR UNDERSTANDS
-9-
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THAT AFTER THE FORECLOSURE SALE, THE MORTGAGOR WILL HAVE AT LEAST
'
SIX (6) MONTHS TO REDEEM THE MORTGAGED PROPERTY SO SOLD BY PAYING THE
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SALE PRICE, ANY TAXES, ASSESSMENTS AND INSURANCE PREMIUMS PAID BY THE
F is �T
PURCHASER AT SUCH SALE, OR DURING THE PERIOD OF REDEMPTION, AND-OTHER
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SUMS PERMITTED BY LAW, "TOGETHER WITH INTEREST THEREON FROM THE DATE OF
'
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SALE OR PAYMENT AT THE HIGHEST RATE PERMITTED BY LAW. MORTGAGOR
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FURTHER UNDERSTANDS THAT UNDER THE CONSTITUTION OF THE UNITED STATES
AND /OR THE CONSTITUTION OF THE STATE OF MINNESOTA, IT MAY HAVE THE RIGHT
^•
4
TO NOTICE AND HEARING BEFORE THE MORTGAGED PROPERTY MAY BE SOLD AND THAT
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THE PROCEDURE FOR FORECLOSURE BY ADVERTISEMENT DESCRIBED ABOVE DOES
NOT INSURE THAT NOTICE WILL BE GIVEN TO THE MORTGAGOR AND SAID PROCEDURE
FOR FORECLOSURE BY ADVERTISEMENT DOES NOT REQUIRE ANY HEARING OR OTHER
S c
JUDICIAL PROCEEDING. MORTGAGOR HEREBY RELINQUISHES, WAIVES AND GIVES
UP ANY CONSTITUTIONAL RIGHTS WHICH MORTGAGOR MAY HAVE TO NOTICE AND
I'
HEARING BEFORE SALE OF THE MORTGAGED PROPERTY AND EXPRESSLY CONSENTS
6.
AND AGREES THAT THE MORTGAGED PROPERTY MAY BE FORECLOSED BY ADVERTISE-
MENT AS DESCRIBED ABOVE. MORTGAGOR ACKNOWLEDGES THAT IT IS REPRESENTED
BY LEGAL COUNSEL; THAT BEFORE SIGNING THIS DOCUMENT, THIS PARAGRAPH
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_
AND MORTGAGOR'S CONSTITUTIONAL.RIGHTS WERE FULLY EXPLAINED BY SUCH
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_
COUNSEL AND THAT MORTGAGOR UNDERSTANDS THE NATURE AND EXTENT OF THE
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RIGHTS WAIVED HEREBY AND THE EFF )ECT OF SUCH WAIVER.
f.
IN WITNESS WHEREOF, The Mortgagor has caused this instrument to be
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duly executed in duplicate on the day.and year first above written.
50TH & FRANCE OFFICE BUILDING PARTNERSHIP
'
BY
Allen K.'Larson, Partner
COP
�• By
'rl�
ames M. Layer, P ner�H
_10_
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19
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50th & France Office
Building Partnership, a
partnership consisting of
Allen K. Larson and James
M. Layer
139• to
First Federal Savings and
Loan Association of
Minneapolis (United States
of America Corporation)
Assignment of Leases and Rents
Dated March 4, 1977
Filed March 7, 1977
#4269843
(See Exhibit "F" hereto attached.)
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condition and agreement of said leases by-the lessees thereunder to be
performed; not to anticipate-the rents the or reduce the amount
of the rents and other payments thereunder,•or to waive, excuse, condone
or in any manner release or discharge the lessees thereunder of or from
the obligations, covenants, conditions and agreements by said lessees
to be performed, including the obligation to pay the rental called for
thereunder in the manner and at the place and time specified therein;
not to terminate the leases or accept a surrender thereof except by
reason of the expiration of the stated term of the leases; and not to
consent to a subordination of the interest of the lessees thereunder.
2.. Protect Security. At Assignor's sole cost and expense, to
appear in and defend any action or proceeding arising under, growing out
of Orin any manner connected with leases or the obligations, duties or
liabilities of Assignor and lessees thereunder, and to pay all costs and
expenses of Assignee, including attorneys' fees in a reasonable sum, in
any such action or proceeding in which the Assignee may appear. Assignor
represents and warrants that,it is-now the absolute owner of said leases
wth full right and tilte to assign the same and the rents, income, pay-
ments and profits therefrom; and that there is no outstanding assignment
or pledge thereof or of the rents, income, payments and profits therefrom.
Assignor agrees to use its best efforts to keep the Premises fully leased
at rentals equivalent to or greater than rentals achieved from comparable
properties.
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11,•
Exhibit "F"
..,�, TV voe - 4269843 U
c
ASSIGNMENT OF LEASES AND RENTS
�-
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THIS ASSIGNMENT, Made this 4th day of March , 1977,
d+
b 50th § France Office'Building Partnership, a partnership consisting
of Allen R. Larson and James M. Layer (herein called "Assignor "), to
First Federal Savings and Loan Association of Minneapolis, a United
States of America corporation (herein called "Assignee " ),
n.
WITNESSETH:
:,••'I :y`.
FOR VALUE RECEIVED, Assignor hereby grants, transfers and assigns
to As all of the right, title and interest of Assignor in and to
the rents, income and profits and all existing and .subsequent leases or
t
agreements for the letting of the premises ( "Premises ") described in
"A"
y ♦ - -`
Exhibit attached hereto, for the purpose of securing the following
(herein collectively referred to as the "Indebtedness Secured Hereby "):
ONE. Payment of the indebtedness evidenced by that certain Note
,e
(including any extensions or renewals thereof) in the principal sum of
o
Eight Hundred Twenty -five Thousand ($825,000.00) Dollars dated of even
date herewith, executed and delivered by the said Assignor and payable
to the order of Assignee, secured by a Mortgage of same date from
-
Assignor to Assignee upon the Premises, which are located in the County
�y
of Hennepin, State of Minnesota, and by a Building Loan Agreement of
same date executed by Assignor, Assignee, Title Insurance Company of
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Minnesota and the City of Edina, said mortgage and said Building Loan
Agreement being hereinafter referred to as "Mortgage "; and
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TWO. Payment of all other sums with interest thereon becoming due
and payable to the Assignee herein and in said Note and Mortgage contained;
THREE. Performance and discharge of each and every obligation,
covenant and agreement of Assignor herein and in said Note and Mortgage
C 14
contained.
AND TO PROTECT THE SECURITY OF THIS AGREEMENT, ASSIGNOR AGREES:
�.'
1. Performance of Leases. To faithfully abide by, perform and
"
discharge each and every obligation, covenant and agreement under any
leases of the Premises to be performed by the lessor thereunder; to
!,
enforce or secure the performance'of each and every obligation, covenant,
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condition and agreement of said leases by-the lessees thereunder to be
performed; not to anticipate-the rents the or reduce the amount
of the rents and other payments thereunder,•or to waive, excuse, condone
or in any manner release or discharge the lessees thereunder of or from
the obligations, covenants, conditions and agreements by said lessees
to be performed, including the obligation to pay the rental called for
thereunder in the manner and at the place and time specified therein;
not to terminate the leases or accept a surrender thereof except by
reason of the expiration of the stated term of the leases; and not to
consent to a subordination of the interest of the lessees thereunder.
2.. Protect Security. At Assignor's sole cost and expense, to
appear in and defend any action or proceeding arising under, growing out
of Orin any manner connected with leases or the obligations, duties or
liabilities of Assignor and lessees thereunder, and to pay all costs and
expenses of Assignee, including attorneys' fees in a reasonable sum, in
any such action or proceeding in which the Assignee may appear. Assignor
represents and warrants that,it is-now the absolute owner of said leases
wth full right and tilte to assign the same and the rents, income, pay-
ments and profits therefrom; and that there is no outstanding assignment
or pledge thereof or of the rents, income, payments and profits therefrom.
Assignor agrees to use its best efforts to keep the Premises fully leased
at rentals equivalent to or greater than rentals achieved from comparable
properties.
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Exhibit "F"
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3. Present Assignment.of Rents. This Assignment shall constitute
an actual and present assignment, provided, the Assignor shall have the
right to
collect, but not prior to accrual, all of the rents, income and
profits and to
retain, use and enjoy the same unless and until a default
shall
occur in the payment when due of interest or principal under the
Note or if
an event of default shall occur hereunder, or under the
Mortgage or under
any other instrument now or hereafter securing the
Note or the Indebtedness
Secured Hereby.
4. Remedies. Upon or at any time after default by Assignor in the
payment OY any Indebtedness Secured Hereb y or in the performance of any
forma
obligation, covenant or agreement herein or in said Note or Mortgage
contained,
the Assignee may declare all Indebtedness Secured Hereby
immediately due
and payable, and may, at its option without notice,
either in
person or by agent, with or without taking possession of or
entering the Premises, with or without bringing any action or proceeding,
or by a receiver to be appointed by a court, collect all of the rents
payable under the leases, enforce the payment thereof and exercise all of
the rights
of the Assignor under the leases and all of the rights of the
Assignee hereunder,
and may enter upon, take possession of, manage and
operate said Premises, or any
part thereof; may cancel, enforce or modify
the leases, and fix or modify rents, do
and any acts which the Assignee
deems proper to protect the security hereof with or without taking
possession of said Premises, and may apply the same, less costs and
expenses of operation and collection, including reasonable attorneys'
fees, upon any Indebtedness Secured Hereby and in such order as the
Assignee may determine. The entering upon and taking possession of said
Premises, the collection of such rents, issues and profits and the
4
application thereof as aforesaid, shall not cure or waive any default or
waive, modify or affect notice of default under said Note or Mortgage.
S. No Liability for Assig-nee. The Assignee shall not be obligated
to perform or discharge, nor does it-hereby undertake to perform or
discharge any obligation', duty or liability under said leases nor shall
this Assignment operate to Place resp6nsibility for the control, care,
management or repair of the Premises upon the Assignee nor for the
carrying out of any of the terms and conditions of said leases; nor shall
it
operate to make the Assignee responsible or liable for any waste
committed on the Premises by the tenants or any other party, or for any
dangerous or defective condition of the Premises, or for any negligence
in the management, upkeep, repair.or control of said Premises resulting
in loss or injury or death to any tenant, licensee, employee, or stranger.
6. Assignor to -Hold Assl'qnee Harmless. The Assignor shall and
does hereby to indemnity
and to hold Assignee harmless of and from
any and all liability, loss or damage which it may or might incur under
said leases or under or by reason of this Assignment and of and from any
and all claims and demands whatsoeveK.which may be asserted against it
by reason of any alleged obligations or undertakings on its part to
perform or discharge any of the terms, covenants or agreements contained
in said leases. Should the Assignee incur any such liability, or in the
defense of any such claims or demands, the amount thereof, including
costs, expenses, and reasonable-attorneys' fees, shall be secured hereby
and Assignor shall reimburse the Assignee therefor immediately upon .
demand, and upon the failure of Assign6r so to do the Assignee may declare
all Indebtedness Secured Hereby immediately due and payable.
7. No Election of Remedios. This Assignment shall in no way operate
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to prevent the Assignee from-pursuing-any remedy which it now or hereafter
may have under the terms or conditions of said Mortgage or the Note
secured thereby or the Guaranty of said Note executed by Allen K. Larson
and James M. Layer as individuals.
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8• Authorization to Lessees- The lessees under each of the leases
are hereby irrevocabl y authorized
Ass and directed to recognize the claims of
ignee, or its assigns, hereunder without
any
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investigating the reason for
action taken by the Assignee or assigns, or the
of indebtedness
�.;
validity or the amount
owing to the Assignee or assigns, or the existence
default in the Note, Mortgage, or
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of any
under or by reason of this Assignment,
or the application to be made by the
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Assignee or assigns.
y irrevocably directs and authorizes each lesseeto Assignor
of Assignee
^I�
all sums due under its lease and consents and
said
said sums shall be paid to
that
Assignee without the necessity for a
determination that a default has udicial
occurred hereunder or under Note
Mortgage, or that Assignee is entitled
to the extent such sums are and tO exercise its rights hereunder,
that the lessee
shall have no furthertliabilityetotAssignorn for a theesame. Assi
The sole signature of the Assignee,
or assigns, shall be sufficient for
the exercise of any rights under this Assignment and
the Assignee,
'
the sole receipt of
or assigns, for any sums received shall be a full discharge
and release therefor to
any such lessee or occupant of the Premises.
9. Assignee Attorney -in- Fact. Assignor hereby irrevocably appoints
Assignee and its successors and
f
assigns as its agent and attorney-in-
fact to execute and deliver during the term
instruments
i
of this Assignment such further
as Assignee may deem necessary to make this Assignment
any further assignment
effective. and
10. Successors and Assigns- This Assignment and each and every
covenant, agreement and other provision
;.,
hereof shall be binding upon the
Assignor and its successors and assigns, including without
each and every
limitation
from time to time record owner of the Premises or any
other person having an interest
'
therein, and shall inure to the benefit
of the Assignee and its successors
and assigns.
Governing Law. This Assignment is made and executed in the
State of Minnesota and shall be
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governed by the laws of such State with
respect to procedures and remedies available
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of a default - to Assignee in the event
12. Validitv Clause. The unenforceability or invalidity of an
provisions hereof shall not render Y
y,
an other provision or
herein contained unenforceable or invalid.- p
provisions
_
IN WITNESS WHEREOF, The Assignor has caused this Assignment of
Leases and Rents to be duly executed
on the date first above written,
- - -. ._- RA'SCE OFFIeS BUILDING PARTNERSHIP
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R. Larson, Pa tner
BY
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STATE OF MINNESOTA _ Jarpes M- .Layer, Part r
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COUNTY OF HENNEPIN )
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The foregoing instrument was acknowledged before
me this 4th day of
March _, 1977, by Allen &, Larson and James M. Layer, Partners on
behalf of 50TH & FRANCE OFFICk BUILDING PARTNERSHIP,
I'f
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� a artnership-
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THIS INSTRUMENT WAS bRAFTED BY: Notary Public
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VAN VALXENBURG, COMAFORD, MOSS,
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FASSETT, FLAHERTY & CLARKSON 3�+UWA"".4 rr��. tw
A Professional Association 7 MARIE T. KOLIhtAry
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2350 IDS Center •�'JTAgY PU
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Minneapolis, MN 55402 HENNtPIN COUNTY
of C= 'nnhsicn Exyirrs SeD 25, r979
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Tract A, Registered Land Survey No. 1426, Files of Registrar of
Titles, Hennepin County, Minnesota, except the North 123 feet
thereof; and
That part of Lot 43, Auditor's Subdivision No. 172, Hennepin
County, Minnesota, described as follows:
Beginning at a point on the East line of said Lot 43 distant
166.5 feet South of the North line thereof; thence South along
said East line to its intersection with Line "A" described
below; thence West along said Line "A" to the most Southerly
and Easterly corner of Tract A, Registered Land Survey No. 1426,
Files of the Registrar of Titles, Hennepin.County, Minnesota;
thence North along the most Easterly line of said Tract A to
its intersection with the South line of the North 166.5 feet
of said Lot 43; thence East,•along said South line, to the
point of beginning.
Line "A ": _
A straight.line drawn between the most Southerly and Easterly
corner of-Tract A, Registered Land Survey No. 1426, Files of the
Registrar of Titles, Hennepin County, Minnesota, and a point on
the East line of the hest 107 'feet of Lot 44, Auditor's Subdivision
No. 172, Hennepin County, Minnesota, distant 181.05 feet North
of the South -line thereof. •
TOGETHER WITH a non - exclusive easement for automobile parking purposes
over and across the following described premises:
The west 26.54 feet of Tract B, Registered Land Survey No.1426,
Files of the Registrar of Titles, Hennepin County, Minnesota.
AND together with the rights and easements appurtenant to the above premise
as established by that certain Declaration of Mutual Easements dated January
27 , 1977, filed in the office of the Hennepin County Recorder on
February 4 , 1977 ands recorded as Document No. 4264781
and also filed in the office of the Hennepin County Registrar of Titles on
February 11 , 1977 and registered as Document No. 1209069
EXHIBIT "A"
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The North 166.5 feet of the East 60 feet of Lot 43, Auditor's Sub -
division No. 172, Hennepin County, Minnesota, except the South 43.5
feet of the West 54 feet thereof, and except the South 2.0 feet of the
r7:
East 6.0 feet thereof, and
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The North 123 feet of Tract A, Registered Land Survey No. 1426, Files
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of the Registrar of Titles,- Hennepin County, Minnesota; and-
That part of the following described premises lying above the elevation
i
—
of eight hundred ninety -nine (899) feet mean sea level, 1929 adjustment:
The South 43.5 feet of the North 166.5 feet of the West 54
feet of the East 60 feet of Lot 43, Auditor's Subdivision
No. 172, Hennepin County, Minnesota; and
The South 2.0 feet of the East 6.0 feet of the North 166.5 feet
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of Lot 43, Auditor's Subdivision No. 172, Hennepin County,
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Minnesota; and
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Tract A, Registered Land Survey No. 1426, Files of Registrar of
Titles, Hennepin County, Minnesota, except the North 123 feet
thereof; and
That part of Lot 43, Auditor's Subdivision No. 172, Hennepin
County, Minnesota, described as follows:
Beginning at a point on the East line of said Lot 43 distant
166.5 feet South of the North line thereof; thence South along
said East line to its intersection with Line "A" described
below; thence West along said Line "A" to the most Southerly
and Easterly corner of Tract A, Registered Land Survey No. 1426,
Files of the Registrar of Titles, Hennepin.County, Minnesota;
thence North along the most Easterly line of said Tract A to
its intersection with the South line of the North 166.5 feet
of said Lot 43; thence East,•along said South line, to the
point of beginning.
Line "A ": _
A straight.line drawn between the most Southerly and Easterly
corner of-Tract A, Registered Land Survey No. 1426, Files of the
Registrar of Titles, Hennepin County, Minnesota, and a point on
the East line of the hest 107 'feet of Lot 44, Auditor's Subdivision
No. 172, Hennepin County, Minnesota, distant 181.05 feet North
of the South -line thereof. •
TOGETHER WITH a non - exclusive easement for automobile parking purposes
over and across the following described premises:
The west 26.54 feet of Tract B, Registered Land Survey No.1426,
Files of the Registrar of Titles, Hennepin County, Minnesota.
AND together with the rights and easements appurtenant to the above premise
as established by that certain Declaration of Mutual Easements dated January
27 , 1977, filed in the office of the Hennepin County Recorder on
February 4 , 1977 ands recorded as Document No. 4264781
and also filed in the office of the Hennepin County Registrar of Titles on
February 11 , 1977 and registered as Document No. 1209069
EXHIBIT "A"
140.
16
Between:
50th & France Office
Building Partnership,
a partnership consisting
of Allen K. Larson and
James M. Layer
and
City of Edina
(Minnesota Municipal
Corporation)
u
Combination Mortgage and
Security Agreement
Dated March 4, 1977
Filed March 7, 1977
#4269844
(See Exhibit "G" hereto attached.)
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4269844
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COMBINATION MORTGAGE AND SECURITY AGREEMENT
THIS MORTGAGE, Made this 4th day of March, 1977, between
50TH S FR4NCE OFFICE BUILDING PARTNERSHIP, a partnership consisting of
Allen K. Larson and James M. Layer, hereinafter referred to as the
"Mortgagor ", and CITY OF EDINA, a Minnesota municipal corporation,
hereinafter referred to as the "Mortgagee ".
WITNESSETH, THAT:
WHEREAS, Mortgagor is the owner of the property situated in the.
City of Edina, County of Hennepin, and State of Minnesota, legally described
on Exhibit A attached hereto and hereby made a part bereof;•and
WHEREAS, Mortgagor is justly indebted to Mortgagee in the principal
sum of Seventy -four Thousand Siic Hundred and N01100 Dollars ($74,600.00) as
evidenced by one Promissory Note from 'Raid Mortgagor, hereinafter referred to
as the "Note ", dated the date hereof, payable to.the order of the Mortgagee,
which Note is fully hereby incorporated herein by reference, and which Note
shall mature on or before'January 1, 1992.
NOW, THEREFORE; THIS MORTGAGE WITNESSETH:
That the Mortgagor in consideration, of the sum of One Dollar ($1.00)
and other good and valuable consideration, the receipt whereof is hereby
acknowledged, and to secure the payment of principal and interest of the Note
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according to its tenor and effect and all other indebtedness hereby secured,
and the performance and observance of all the covenants, agreements and
provisions herein and in the Note, has executed and delivered these presents
and,has granted, bargained, sold, conveyed, mortgaged and pledged, and by these
presents does hereby grant, bargain; sell, convey, mortgage and pledge, unto
the Mortgagee, its successors and assigns forever: W all the tract or parcel
Exhibit "G"
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4269844
E - C.N1 CU;:VTY
COMBINATION MORTGAGE AND SECURITY AGREEMENT
THIS MORTGAGE, Made this 4th day of March, 1977, between
50TH S FR4NCE OFFICE BUILDING PARTNERSHIP, a partnership consisting of
Allen K. Larson and James M. Layer, hereinafter referred to as the
"Mortgagor ", and CITY OF EDINA, a Minnesota municipal corporation,
hereinafter referred to as the "Mortgagee ".
WITNESSETH, THAT:
WHEREAS, Mortgagor is the owner of the property situated in the.
City of Edina, County of Hennepin, and State of Minnesota, legally described
on Exhibit A attached hereto and hereby made a part bereof;•and
WHEREAS, Mortgagor is justly indebted to Mortgagee in the principal
sum of Seventy -four Thousand Siic Hundred and N01100 Dollars ($74,600.00) as
evidenced by one Promissory Note from 'Raid Mortgagor, hereinafter referred to
as the "Note ", dated the date hereof, payable to.the order of the Mortgagee,
which Note is fully hereby incorporated herein by reference, and which Note
shall mature on or before'January 1, 1992.
NOW, THEREFORE; THIS MORTGAGE WITNESSETH:
That the Mortgagor in consideration, of the sum of One Dollar ($1.00)
and other good and valuable consideration, the receipt whereof is hereby
acknowledged, and to secure the payment of principal and interest of the Note
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according to its tenor and effect and all other indebtedness hereby secured,
and the performance and observance of all the covenants, agreements and
provisions herein and in the Note, has executed and delivered these presents
and,has granted, bargained, sold, conveyed, mortgaged and pledged, and by these
presents does hereby grant, bargain; sell, convey, mortgage and pledge, unto
the Mortgagee, its successors and assigns forever: W all the tract or parcel
Exhibit "G"
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of land lying and being in the City of Edina. County of Hennepin, and State
of Minnesota described on said Exhibit A, together with all the Improvements, .
now on or that may hereafter be placed on said land and all the rants, incemp
and profits arising thereform and for the use thereof, as well before as aft"
the maturity of the Note, whether maturity be by lapse of time or by defaults
(ii) also, specifically, but not by way of limitation, all gas and electric
fixtures, radiators, heaters, heat regulators, oil burners, stokers, air
conditioning apparatus, engines and machinery, boilers, ranges, ,elevators anA
motors, sinks, water closets, basins, pipes, faucets, and other plumbitt and
heating fixtures, mirrors, mantels, refrigerating plant and units, and s-=ch
other goods, chattels, personal property and equipment now or hereafter wed
by Mortgagor, or in which Mortgagor now or hereafter has an interest, sr =ch
are now or hereafter located on or adjacent to and used in connection . ==b 6"'
operation and maintenance of the improvements now or hereafter on the ; :zmis ^•`
(but specifically excluding all trade fixtures and personal property o °_ £.a/
tenants of the premises); (iii) also with all additions, accessions,
parts, fittings, accessories, renewals, replacements, substitutions,
and repairs to all and any of the foregoing. All of the foregoinn ite=
and referred to at (i), (ii) and (iii) above shall be deemed to be a
of the security for the indebtedness herein mentioned and to be covered
this Mortgage.
The premises and property herein mortgaged and described aa°_
referred to at (i); (ii) and-(iii) above shall hereinafter be call•_d t:.rz
"Mortgaged Property".
TO HAVE AND TO HOLD the Mortgaged Property together with tin
hereditaments and appurtenances thereunto now or hereafter belon711::9 s
anywise appertaining unto the Mortgagee and its successors and
s
9
PROVIDED, NEVERTHELESS, That these presents are upon the express
condition that if the Mortgagor shall pay or cause to be paid all the
i
indebtedness hereby secured and shall strictly observe and perform all -the
1
terms, provisions and conditions herein contained, then this Mortgage and
the estate, right and interest of the Mortgagee in the Mortgaged Property
+1 +
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shall cease and be and become void and of no effect.
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THIS MORTGAGE FURTHER WITNESSETH as follows:
0
ARTICLE I
GENERAL COVENANTS AND WARRANTS
• 'i
Section I.I. The Mortgagor represents, warrants, covenants and
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agrees that it is the lawful owner of the Mortgaged Property, that it has
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good right and lawful authority to mortgage and pledge the same as provided
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herein; that the Mortgaged Property is free from any and all liens and
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encumbrances, and that it does warrant and will defend the title to the
Mortgaged Property against all claims and demands whatsoever.
• '
Section 1.2. The Mortgagor further covenants and agrees that any
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sale, assignment, or conveyance (whether by Contract.for Deed, or otherwise,
and whether voluntary or by operation of law), or other transfer
of all or
any part of the Mortgaged Property, or of all or any part of the interest of
Mortgagor therein, or of the rents, issues and profits thereof (regardless
of whether the buyer-, assignee, or transferee assumes or takes subject to the
obligations of the Mortgagor hereunder or under the Note) without obtaining
the prior written consent of'the Mortgagee thereto, shall give to the
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Mortgagee the right, at its option, bf declaring the unpaid principal balance
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of the Mote, and all accrued interest thereon, together with all sums advanced
'
hereunder, immediate) due and _
Y payable without notice.
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Section 1.3. The Mortgagor covenants and warrants that the Note
and this Mortgage are valid and enforceable obligations of the Mortgagor in
accordance with the terms thereof and hereof; and that this Mortgage does
not, nor does the Note, nor does the performance or observance by the
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Mortgagor of any of the matters or things in this Mortgage provided for,
contravene any covenant in any indenture or agreement affecting the Mortgagor.
Section 1.3. The Mortgagor covenants and warrants that the Note
and this Mortgage are valid and enforceable obligations of the Mortgagor in
accordance with the terms thereof and hereof; and that this Mortgage does
not, nor does the Note, nor does the performance or observance by the
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Mortgagor of any of the matters or things in this Mortgage provided for,
Section 1.3. The Mortgagor covenants and warrants that the Note
and this Mortgage are valid and enforceable obligations of the Mortgagor in
accordance with the terms thereof and hereof; and that this Mortgage does
not, nor does the Note, nor does the performance or observance by the
Mortgagor of any of the matters or things in this Mortgage provided for,
contravene any covenant in any indenture or agreement affecting the Mortgagor.
Section 1.4. Mortgagor will do, execute, acknowledge and deliver
all and every further act, deed, conveyance, transfer and assurance necessary
or proper for the carrying out more effectively of the purpose of this
Mortgage and, without limiting the foregoing, for conveying, mortgaging,
assigning, and confirming unto the Mortgagee all of the Mortgaged Property,
or property intended so to be, whether now owned or hereafter acquired,
I
including, without limitation, the preparation,'execution and filing of any
documents, such as financing statements and continuation statements, deemed
i
advisable by Mortgagee for maintaining its lien on any fixtures or personal
property included in the Mortgaged Property.
!
Section 1.5. The Mortgagor will cause the Mortgaged Property and
every part thereof to be maintained, preserved and kept in safe and good
repair, working order and condition,.and will comply with all laws and
regulations of any governmental authority with reference to the Mortgaged
Property and the manner of using,or operating the same, and with all
restrictive covenants. if any, affecting title, to the Mortgage Property, or
1
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any thereof, and will from time to time. make all necessary and proper repairs,
�.
renewals, replacements, additions and betterments thereto, so that the value
and effecient use thereof shall be fully preserved and maintained and so that
all laws and regulations as aforesaid shall be complied with. Mortgagor
agrees not to remove from the premises any of the fixtures or personal
property included in the Mortgaged Property unless immediately replaced with
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like property of at least equal value. Mortgagor further agrees to fulfill
or perform each and every covenant of any and all leases of the Mortgaged
Cis
Property so as to keep them at all times in full force and effect, and agrees
not to anticipate or collect rents more than one month in advance without
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obtaining, in each instance, the prior written consent of Mortgagee.
Section 1*6. The Mort iagor shall, before any penalty 'attaches
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thereto, pay and discharge or cause to be paid and discharged, all taxes,
assessments and governmental charges imposed upon or against the Mortgaged
Property or upon or against the Note and the indebtedness secured hereby or
upon or against the interest of the Mortgagee in the Mortgaged Property or
in the Note or the debt secured.hereby and will not suffer or permit to exist
any mechanic's, statutory or other lien on the Mortgaged Property or any part
thereof. If the Mortgagee is required by legislative enactment or judicial
.4
decision to pay any such tax, assessment or charge, the Note and any accrued
interest thereon together with any additions to the mortgage debt shall be and
become immediately due and payable at the election of the Mortgagee; provided,
4
however, said election shall be unavailing availing and this Mortgage and the Note
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shall be and remain in effect as though said law had not been enacted or said
decision had not been rendered if, notwithstanding such law or decision, the
Mortgagor lawfully pays such tax, assessment or charge to or for Mortgagee.
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Section 1.7. The Mortgagor shall keep the Mortgaged Property at all
times insured against loss or damage by fire and extended coverage risks in
an amount not less than that required under a 90% co-insurance policy based on
the full replacement value thereof, exclusive of foundations and excavations.
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Such policy of insurance shall name Mortgagee as an additional insured.
Ten (10) days prior to the dite'the premiums on each such policy shall become'
due and payable, the Mortgagee shall be furnished with proof reasonably
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satisfactory to it of such payment— Each of such policies. or certificates
thereof, shall contain an agreement.by the insurer that the same shall not be
cancelled without at least ten (10) days prior written notice to the Mortgagee.
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any of er security interests hereafter delivered
by Mortgagor to said Association to secure a Than to be made by said Association
to Mortgagor in.the principal sum of,$ 825,000.00.
`` n ARTICLE III
f DEFAULT AND REMEDIES THEREFOR
Section 3.1. If any one -or more of the following events (herein
called "event of default ") shall occur;
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(a) Default in any payment of money required to be made upon
.� the Note, or in any payment of money to be made under
this Mortgage or under that certain Assignment of Lease*
! and Rents of even-date herewith.,
-6-
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Section I.S. If the Mortgagor shall fail to comply with any of the
terms, covenants and conditions herein with respect to the procuring of
41 p i
insurance, the payment of taxes, assessments and other.charges, the keeping
•' t o
of the Mortgaged Property in repair or any other term, covenant o
of condition
herein contained, the Mortgagee may make advances to perform the same'and.
where necessary, enter the Mortgaged Property for the purposes of performing
any such term, covenant or condition. The Mortgagor agrees to repay all au-
so advanced upon demand, with interest at the rate provided for in the Note
and all sums so advanced with interest, shall be secured hereby in priority
to the indebtedness evidenced by the Note, but no such advance shall be deemed
to relieve the Mortgagor from any default hereunder,
t• ; 5
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ARTICLE II
MORTGAGE TO BE SUBORDINATE
Section 2.1., Notwithstanding anything herein contained to the
contrary, it is understood, and Mortgagee by the acceptance hereof hereby
-.•, j a
agrees, that this Mortgage and all of Mortgagee's rights, lien and interests
hereunder with respect to the Mortgaged Property shall be subordinate and
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inferior to the rights, lien and interests of First Federal Savings and Loan
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Association of Minneapolis in 'said Mortgaged Property under a mortgage
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(the "First Mortgage ") and h
any of er security interests hereafter delivered
by Mortgagor to said Association to secure a Than to be made by said Association
to Mortgagor in.the principal sum of,$ 825,000.00.
`` n ARTICLE III
f DEFAULT AND REMEDIES THEREFOR
Section 3.1. If any one -or more of the following events (herein
called "event of default ") shall occur;
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(a) Default in any payment of money required to be made upon
.� the Note, or in any payment of money to be made under
this Mortgage or under that certain Assignment of Lease*
! and Rents of even-date herewith.,
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(b) Default by Mortgagor under the terms and conditions
of the First Mortgage, or in the payment of the debt
secured thereby,
(c) The Mortgagor, or any partner therein, becomes
bankrupt under any applicable bankruptcy law or laws
or admit, in writing, their inability to pay their
debts as they mature, or makes an assignment for the
benefit of creditors or if they apply for, or consent
to, the appointment of a trustee or receiver for the
major part of their property,
(d) A trustee or receiver is appointed for the Mortgagor,
or for the major part of its property and is not
discharged within sixty (60) days after such appointment,
(e) Failure of Mortgagor to comply with any terms, covenants
and conditions of this Mortgage, or of the Note, or of
the Assignment of Leases and Rents of even date herewith,
then, in any such case, the Mortgagee may, by notice in writing sent by
registered mail addressed to the Mortgagor, declare the principal of and the
accrued interest on the Note and including all sums advanced hereunder with
interest, to be forthwith due and payable, and thereupon the Note, including
both principal and all interest accrued thereon, and including all sums
advanced hereunder and interest thereon, shall be and become immediately due
and payable without presentment, - demand or further notice of any kind.
Section 3.2. In the event of the happening of any event of default
as bereinabove described entitling the holder of the Note to accelerate the
maturity thereof, or in case the principal balance of the Note shall have
become due and payable,, whether by lapse of time or by acceleration, then
and in every such case the holder of the Note may (1) proceed to protect and
enforce its rights by a suit or, suits in equity or at law, either for the
specific performance of any covenant or agreement contained herein or in the
Note, or in aid of the execution of any power herein or therein granted, or
for the foreclosure of this Mortgage, or for the enforcement of any other
appropriate legal or equitable remedy, or (2) sell the Mortgaged Property
at public auction and convey the same to the purchaser in fee simple,
agreeably to the statute in sucli case made and provided.
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(b) Default by Mortgagor under the terms and conditions
of the First Mortgage, or in the payment of the debt
secured thereby,
(c) The Mortgagor, or any partner therein, becomes
bankrupt under any applicable bankruptcy law or laws
or admit, in writing, their inability to pay their
debts as they mature, or makes an assignment for the
benefit of creditors or if they apply for, or consent
to, the appointment of a trustee or receiver for the
major part of their property,
(d) A trustee or receiver is appointed for the Mortgagor,
or for the major part of its property and is not
discharged within sixty (60) days after such appointment,
(e) Failure of Mortgagor to comply with any terms, covenants
and conditions of this Mortgage, or of the Note, or of
the Assignment of Leases and Rents of even date herewith,
then, in any such case, the Mortgagee may, by notice in writing sent by
registered mail addressed to the Mortgagor, declare the principal of and the
accrued interest on the Note and including all sums advanced hereunder with
interest, to be forthwith due and payable, and thereupon the Note, including
both principal and all interest accrued thereon, and including all sums
advanced hereunder and interest thereon, shall be and become immediately due
and payable without presentment, - demand or further notice of any kind.
Section 3.2. In the event of the happening of any event of default
as bereinabove described entitling the holder of the Note to accelerate the
maturity thereof, or in case the principal balance of the Note shall have
become due and payable,, whether by lapse of time or by acceleration, then
and in every such case the holder of the Note may (1) proceed to protect and
enforce its rights by a suit or, suits in equity or at law, either for the
specific performance of any covenant or agreement contained herein or in the
Note, or in aid of the execution of any power herein or therein granted, or
for the foreclosure of this Mortgage, or for the enforcement of any other
appropriate legal or equitable remedy, or (2) sell the Mortgaged Property
at public auction and convey the same to the purchaser in fee simple,
agreeably to the statute in sucli case made and provided.
-7-
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(b) Default by Mortgagor under the terms and conditions
of the First Mortgage, or in the payment of the debt
secured thereby,
(c) The Mortgagor, or any partner therein, becomes
bankrupt under any applicable bankruptcy law or laws
or admit, in writing, their inability to pay their
debts as they mature, or makes an assignment for the
benefit of creditors or if they apply for, or consent
to, the appointment of a trustee or receiver for the
major part of their property,
(d) A trustee or receiver is appointed for the Mortgagor,
or for the major part of its property and is not
discharged within sixty (60) days after such appointment,
(e) Failure of Mortgagor to comply with any terms, covenants
and conditions of this Mortgage, or of the Note, or of
the Assignment of Leases and Rents of even date herewith,
then, in any such case, the Mortgagee may, by notice in writing sent by
registered mail addressed to the Mortgagor, declare the principal of and the
accrued interest on the Note and including all sums advanced hereunder with
interest, to be forthwith due and payable, and thereupon the Note, including
both principal and all interest accrued thereon, and including all sums
advanced hereunder and interest thereon, shall be and become immediately due
and payable without presentment, - demand or further notice of any kind.
Section 3.2. In the event of the happening of any event of default
as bereinabove described entitling the holder of the Note to accelerate the
maturity thereof, or in case the principal balance of the Note shall have
become due and payable,, whether by lapse of time or by acceleration, then
and in every such case the holder of the Note may (1) proceed to protect and
enforce its rights by a suit or, suits in equity or at law, either for the
specific performance of any covenant or agreement contained herein or in the
Note, or in aid of the execution of any power herein or therein granted, or
for the foreclosure of this Mortgage, or for the enforcement of any other
appropriate legal or equitable remedy, or (2) sell the Mortgaged Property
at public auction and convey the same to the purchaser in fee simple,
agreeably to the statute in sucli case made and provided.
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Section o` n 3.3. In case of any sale of the Mortgaged Property pursuant
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to any judgment or decree of any court or otherwise in connection with.the
enforcement of any of the terms of this Mortgage, the Mortgagee, its
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successors or assigns, may become the purchaser, and for the purpose of
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making settlement for.or a
payment of the purchase price, shall be entitled
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to turn in and use the Note and any claims for interest matured and unpaid
thereon, together with additions to the mortgage debt, if any, accrued in
order that there may be credited as paid on the purchase price the sun
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then due under the Note including principal and interest thereof and any
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accrued additions to the mortgage debt.
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Section 3.4.. Each and every power or remedy herein specifically
given shall be in addition to every other power'or remedy, existing or
implied, p given or now or hereafter existing at law or in equity, and each
and every power and remedy herein specifically given or otherwise so
existing may be exercised from time to time and as often and in such order
as may be deemed expedient by Mortgagee or the holder of the Note, and the
exercise or the beginning of the exercise of one power or remedy shall not
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be deemed a waiver of the right to exercise at the same time or thereafter
any other power or remedy. No delay or omission of the Mortgagee in the
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exercise of any right or power accruing hereunder shall impair any such
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right or power or be construed to be a waiver'of any default or acquiescence
therein. _
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Secti_ on X3.5. The purchase•money proceeds and avails of any sale
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of the Mortgaged Property or any part thereof, and the proceeds and avails of
any remedy hereunder shall be'paid to and applied as follows:
(a) First to the payment of costs and expenses of foreclosure and
of such sale and of all proper expenses (including maximum
attorneys' fees permitted by law), liability and advances
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incurred or made hereunder by the Mortgagee, and of all taxes,
assessments or -liens superior to the lien of these presents;
(b) Second to the payment to the Mortgagee of the amount then
owing or unpaid under the Note and this Mortgage for principal
and interest, and in case any such proceeds shall be insuffic-
ient,to pay the whole amount so due then first to the payment
of such interest and then to the payment of such principal;
(c) Third to the payment to the Mortgagor, its successors or assigns,
or to whomsoever may be lawfully entitled to receive the same.
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Section 4.2. The unenforceability or invalidity of any provision
or provisions of this Mortgage shall not render any other provision or
provisions herein contained unenforceable or invalid.
Section 4.3. All notices provided for herein shall be in writing
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and shall be deemed to have bgen,given (unless otherwise required by the
}I specific provisions hereof in respect to any matter) when delivered personally
j or when deposited in the United States mail, registered, postage prepaid,
and addressed as follows:
If to Mortgagor -at: c/o Dr. Allen K. Larson
450 Southdale Medical Building
Edina, Minnesota 55435
If to Mortgagee at: 4801 West 50th Street
Edina, Minnesota 55424
Attention: City Manager
or addressed to any such party at such other address as such party shall
hereafter furnish by notice to the other party.
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iSection 3
3.6. In case Mortgagee shall have proceeded to enforce
any right under this Mortgage by foreclosure, s
sale, entry or otherwise.•and
such proceedings shall have been discontinued o
or abandoned for any reason
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or shall have been determined adversely, then a
and in every such case the
Mortgagor and the Mortgagee shall be restored t
to their former positions and
rights hereunder with respect to the property s
subject to the lien hereof.
ARTICLE IV
MISCELLANEOUS
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Section 4.1. Whenever any of the parties hereto is referred to
such reference shall be deemed to include the h
heirs, representatives,
f, s
successors and assigns of such party; and all t
the covenants. promises and
agreements by or on behalf of the Mortgagor in t
this Mortgage contained
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shall bind the Mortgagor and also its successors a
and assigns, whether so
expressed or not.
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Section 4.2. The unenforceability or invalidity of any provision
or provisions of this Mortgage shall not render any other provision or
provisions herein contained unenforceable or invalid.
Section 4.3. All notices provided for herein shall be in writing
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and shall be deemed to have bgen,given (unless otherwise required by the
}I specific provisions hereof in respect to any matter) when delivered personally
j or when deposited in the United States mail, registered, postage prepaid,
and addressed as follows:
If to Mortgagor -at: c/o Dr. Allen K. Larson
450 Southdale Medical Building
Edina, Minnesota 55435
If to Mortgagee at: 4801 West 50th Street
Edina, Minnesota 55424
Attention: City Manager
or addressed to any such party at such other address as such party shall
hereafter furnish by notice to the other party.
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TUT- HEREAFTER ENACTED; THAT IF THE MORTGAGEE ELECTS TO FORECLOSE BY
ADVERTISEMENT, IT MAY .CAUSE THE MORTGAGED PROPERTY, OR ANY PART THEREOF, TO
BE SOLD AT PUBLIC AUCTION; THAT'NOTICF OF SUCH SALE MUST BE PUBLISHED FOR
SIR (6) SUCCESSIVE WEEKS AT LEAST 0NCE•IACH WEEK; THAT SUCH NOTICE SHALL BE
SERVED ON ANY PERSON OR EA'TITY IN POSSESSION OF THE MORTGAGED PROPERTY AT LEAS
FOUR (4) WEEKS BEFORE THE APPOINTED TIME OF SALE; THAT AFTER SALE, THE MORTGA
WILL HAVE AT LEAST SIR (6) MO \'THS TO REDEEM THE MORTGAGED PROPERTY SO SOLD BY
PAYING THE SALE PRICE, ANY TALES, ASSESSMENTS AND INSURANCE PREMIUMS PAID BY
TAE PURCHASER AT SUCH SALE, ARD OTHER SUMS PERMITTED BY LAW, TOGETHER WITH
INTEREST THEREON FROM THE DATE OF SALE OR PAYMENT AT THE HIGHEST RATE PERMITTED
AT
BY LAW.. MORTGAGOR FURTHER UNDERSTANDS TH UNDER THE CONSTITUTION OF THE
UNITED STATES AND /O$ THE CONSTITUTION OF THE STATE OF MINNESOTA, IT MAY HAVE
THE RIGHT TO NOTICE AND HEARING BEFORE THE MORTGAGED PROPERTY MAY BE SOLD AND
THAT THE PROCEDURE FOR FORECLOSURE BY ADVERTISEMENT DESCRIBED ABOVE DOES NOT
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Section 4.4. The Mortgagee and its agents shall have the right to
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inspect the Mortgaged Property at all reasonable times.
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4.5. If any action or proceeding be commenced to which
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action or proceeding the Mortgages is made a party, or in which it becomes
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necessary, in the Mortgagee's reasonable opinion, to defend or uphold the
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lien of this e Mort a
g g or to protect the Mortgaged Property or any part
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hereof, all reasonable sums paid by the Mortgagee to establish or defend i
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the rights and liens of this Mortgage or to protect the Mortgaged Property
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or any part thereof (including reasonable attorneys' fees, and costs and
allowances) and whether suit be brought or not, shall be paid, upon demand, t
to Mortgagee by the Mortgagor together with interest from the date of payment
at the rate provided for in the Note and any such sum or sums and the
Interest thereon shall be secured hereby in priority to the indebtedness 1
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evidenced by the Note.
i
Section 4.6. MORTGAGOR UNDERSTANDS AND AGREES THAT IF ANY DEFAULT'
IS MADE UNDER THE TERMS OF THIS MORTGAGE, MORTGAGEE HAS THE RIGHT INTER ALIA,
TO FORECLOSE THIS MORTGAGE BY ADVERTISEMENT PURSUANT TO MINNESOTA STATUTES,
CHAPTER 580, AS HEREAFTER ATM%DED OR PURSUANT TO
ANY SIMILAR OR REPLACEMENT
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TUT- HEREAFTER ENACTED; THAT IF THE MORTGAGEE ELECTS TO FORECLOSE BY
ADVERTISEMENT, IT MAY .CAUSE THE MORTGAGED PROPERTY, OR ANY PART THEREOF, TO
BE SOLD AT PUBLIC AUCTION; THAT'NOTICF OF SUCH SALE MUST BE PUBLISHED FOR
SIR (6) SUCCESSIVE WEEKS AT LEAST 0NCE•IACH WEEK; THAT SUCH NOTICE SHALL BE
SERVED ON ANY PERSON OR EA'TITY IN POSSESSION OF THE MORTGAGED PROPERTY AT LEAS
FOUR (4) WEEKS BEFORE THE APPOINTED TIME OF SALE; THAT AFTER SALE, THE MORTGA
WILL HAVE AT LEAST SIR (6) MO \'THS TO REDEEM THE MORTGAGED PROPERTY SO SOLD BY
PAYING THE SALE PRICE, ANY TALES, ASSESSMENTS AND INSURANCE PREMIUMS PAID BY
TAE PURCHASER AT SUCH SALE, ARD OTHER SUMS PERMITTED BY LAW, TOGETHER WITH
INTEREST THEREON FROM THE DATE OF SALE OR PAYMENT AT THE HIGHEST RATE PERMITTED
AT
BY LAW.. MORTGAGOR FURTHER UNDERSTANDS TH UNDER THE CONSTITUTION OF THE
UNITED STATES AND /O$ THE CONSTITUTION OF THE STATE OF MINNESOTA, IT MAY HAVE
THE RIGHT TO NOTICE AND HEARING BEFORE THE MORTGAGED PROPERTY MAY BE SOLD AND
THAT THE PROCEDURE FOR FORECLOSURE BY ADVERTISEMENT DESCRIBED ABOVE DOES NOT
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Of Jef -cy, 1977, by Allen K. Larson and James M. Layer, Par ers on behalf of
50TH S FRANCE OFFICE BUILDING PARTNERQ partnershi .
(Notarial Seal)
THIS INSTRUMENT %US DRAFTED BY:
Dorsey, Windhorst, Hannaford,,Whitney
b Halladay
2300 First National Bank Building
Minneapolis, Minnesota 55402 .
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INSURE THAT NOTICE WILL BE GIVEN TO THE MORTGAGOR AND SAID
PROCEDURE FOR
FORECLOSURE BY ADVERTISEMENT DOES NOT REQUIRE ANY HEARING OR OTHER JUDICIAL
41 I
PROCEEDING, MORTGAGOR HEREBY RELINQUISHES, WAIVES AND GIVES UP ANY
T�
CONSTITUTIONAL RIGHTS WHICH MORTGAGOR MAY HAVE TO NOTICE AND NEARING
BEFORE
SALE OF THE MORTGAGED PROPERTY AND EXPRESSLY CONSENTS AND AGREES THAT THE
MORTGAGED PROPERTY MAY BE FORECLOSURD BY ADVERTISEMENT AS DESCRIBED ABOVE.
MORTGAGOR ACKNOWLEDGES THAT IT IS REPRESENTED BY LEGAL COUNSEL; THAT BEFORE
SIGNING THIS DOCUMENT, THIS PARAGRAPH AND MORTGAGOR'S CONSTITUTIONAL RIGHTS
WERE FULLY EXPLAINED BY SUCH CONSEL AND THAT MORTGAGOR UNDERSTANDS THE NATURE
AND EXTENT OF THE RIGHTS WAIVED HEREBY AND THE EFFECT OF SUCH WAIVER.
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IN WIT::ESS WHEREOF, the Mortgagor has caused this instrument to be !
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duly executed on the day and year first above wiltten.
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50TH 6 FRANCE OFFICE BUILDING PARTNERSHIP
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Allen K. Larson, Partner
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This Instrument is Exempt
from Mortgage Registration Tax
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And \�iJ *tner
Jame Layer, Pa
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STATE OF MINNESOTA) '
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COUNTY OF HEND'EPIN) I
^ The foregoing instrument was acknowledged before me this !ice day
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Of Jef -cy, 1977, by Allen K. Larson and James M. Layer, Par ers on behalf of
50TH S FRANCE OFFICE BUILDING PARTNERQ partnershi .
(Notarial Seal)
THIS INSTRUMENT %US DRAFTED BY:
Dorsey, Windhorst, Hannaford,,Whitney
b Halladay
2300 First National Bank Building
Minneapolis, Minnesota 55402 .
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Exhibit A
to
Combination Mortgage and Security Agreement
The North 166.5 feet of the East 60 feet of Lot 43, Auditor's
Subdivision No. 172- Hennepin County, Minnesotaw except the
South 43.5 feet of the West 54 feet thereof, and except the
South 2.0 feet of the East 6.0 feet thereof; and
The North 123 feet of Tract A. Registered Land Survey No.
.Files of the Registrar of Titles, Hennepin County, Minnesota;
and
That part of the following described premises lying above the
elevation of eight hundred ninety-.nine (899) feet mean sea
level,-1929 adjustment:
The South 43.5 feet of the North 166.5 feet of the
West 54 feet of the East 60 feet of Lot 43,
Auditor's Subdivision 'No. 172, Hennepin County,
Minnesota; and
The South 2.0 feet of the East 6.0 feet of the
North 166.5 feet of Lot 43, Auditor's Subdivision
No. 172, Hennepin County, Minnesota; and
Tract A, Registered Land Survey No. 1426. Files of
the Registrar of Titles, Hennepin County, Minnesota,
except the North 123 feet thereof; and
That part of Lot 43, Auditor's Subdivision No. 172,
Hennepin County, Minnesota-, described as follows:
Beginning at a point on the East line of said Lot 43
distant.166.5 feet South of the North line thereof;
thence South along said East line to its intersection
with Line "A" described below; thence West along said
Line 'W' to the most Southerly and, Easterly corner of
Tract A, Registered Land Survey No. 14260 Files of the
Registrar of Titles, Hennepin County, Minnesota;
thence North along the most Easterly line of said
Tract A to its intersection with the South line of the
North 166.5 feet of said Lot 43;- thence East$ along
,said South line, to the point of beginning.
Line "A":
A straight line drawn between the most Southerly and
Easterly corner of Tract A. Registered Land Survey
No. 1426, Files of the Registrar of Titlest Hennepin
County, Minnesota, and a point on the East line of
the West 107 feet of Lot 44; Auditor's Subdivision
No. 172, Hennepin County, Minnesota, distant 181.05
feet North of the South line thereof.
TOGETEER WITH a non-exclusiVe easepgnt for automobile parking purposes over
and across the following described premises:
The West 26.54 feet of Tract B, Registered Land Survey No. 1426,
Files of the Registrar of . Titles, Hennepin County. Minnesota.
AND together with the rights and easements appurtenant to the above premises as
established by that certain Declaration of Mutual Easements dated January 27,
1977, filed in the office of the Hennepin County Recorder on February 4, 1977
and recorded as Document No. 4264781, and also filed in the office of the
Hennepin County Registrar of Titles on February 11, 1977 and registered as
Document No. 1209069.
141.
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50th & France Office
Building Partnership,
a partnership consisting
of Allen K. Larson and
James M. Layer
to
City of Edina
(Minnesota Municipal
Corporation)
Assignment of Leases and Rents
Dated March 4, 1977
Filed March 7, 1977
#4269845
(See Exhibit "H" hereto attached.)
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4269845
E.
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ASSIGNMENT OF LEASES AND RENTS
THIS ASSIGNMENT, Made this 4th day of March, 1977, by 50TH &•FRANCE
OFFICE BUILDING PARTNERSHIP, a partnership consisting of Allen R. Larson and
James M. Layer (herein called "Assignor "), to CITY OF EDINA, a Minnesota
municipal corporation (herein called "Assignee "), WITNESSETH:
FOR VALUE RECEIVED, Assignor hereby grants, transfers and assigns
to Assignee all of the right, title and interest of Assignor in and to the
rents, income and profits and all existing and subsequent leases or agree-
ments for the letting of the premises ( "Premises ") described in Exhibit
attached hereto, for the purpose of securing the following (herein
collectively referred to as the "Indebtedness Secured Hereby "):
ONE. Payment of the indebtedness evidenced by that certain Note
(including any extensions or renewals thereof) in the principal sum of
Seventy-four Thousand Six Hundred and No /100 Dollars ($74,600.00) dated of
even date herewith, executed and delivered by the said Assignor and payable
to the order of Assignee, secured by a Combination Mortgage and Security
Agreement ( "Mortgage ") of same date from Assignor to Assignee upon the
Premises, which are located in the County of Hennepin, State of Minnesota;
TWO. Payment of all other sums with interest thereon becoming
due and payable to the Assignee herein and in said Note and Mortgage
contained;
THREE. Performance and discharge of each and every obligation,
covenant and agreement of Assignor herein and in said Note and Mortgage
contained.
AND TO PROTECT.THE SECURITY OF THIS ASSIGNMENT, ASSIGNOR AGREES:
1. Performance of Leases. To faithfully abide by, perform and
discharge each and every obligation, covenant and agreement under any leases
of the Premises to be performed by the lessor thereunder; to enforce or
secure the performance of each and every obligation, covenant, condition and
agreement of said leases by the lessees thereunder to be performed; not to
anticipate the rents thereunder to reduce the amount of the rents and other
payments thereunder, or to waive, excuse, condone or in any canner release or
discharge the lessees thereunder of dr from the obligations, covenants,
conditions and agreements by said lessees to be performed, including the
obligation to pay the rental called for thereunder in the manner and at the
place and time specified therein; not to terminate the leases or accept a
surrender thereof except by reason of the expiration of the stated term of the
leases; and not to consent to .a subordination of the interest of the lessees ,
thereunder.
2. Protect Security. At Assignor's sole cost and expense, to appear
in and defend any action or proceeding arising under, growing out of or in any
manner connected with leases or. the obligations, duties or liabilities of
Assignor and lessees thereunder, and' to pay all costs and expenses of Assignee,
including attorneys' fees in a reasonable sum, in any such action or proceeding
in which the Assignee may appear. Assignor represents and warrants that it is
now the absolute owner of said leases with full right and title to. assign the
same and the rents, income, payments and profits therefrom; and tat there is
no outstanding assignment or pledge thereof or of the rents, income, payments
and profits therefrom. Assignor agrees to use its best efforts to keep the
Premises fully leased at rentals equivalent to or greater than rentals
achieved from comparable properties.
Exhibit "H"
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4269845
E.
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ASSIGNMENT OF LEASES AND RENTS
THIS ASSIGNMENT, Made this 4th day of March, 1977, by 50TH &•FRANCE
OFFICE BUILDING PARTNERSHIP, a partnership consisting of Allen R. Larson and
James M. Layer (herein called "Assignor "), to CITY OF EDINA, a Minnesota
municipal corporation (herein called "Assignee "), WITNESSETH:
FOR VALUE RECEIVED, Assignor hereby grants, transfers and assigns
to Assignee all of the right, title and interest of Assignor in and to the
rents, income and profits and all existing and subsequent leases or agree-
ments for the letting of the premises ( "Premises ") described in Exhibit
attached hereto, for the purpose of securing the following (herein
collectively referred to as the "Indebtedness Secured Hereby "):
ONE. Payment of the indebtedness evidenced by that certain Note
(including any extensions or renewals thereof) in the principal sum of
Seventy-four Thousand Six Hundred and No /100 Dollars ($74,600.00) dated of
even date herewith, executed and delivered by the said Assignor and payable
to the order of Assignee, secured by a Combination Mortgage and Security
Agreement ( "Mortgage ") of same date from Assignor to Assignee upon the
Premises, which are located in the County of Hennepin, State of Minnesota;
TWO. Payment of all other sums with interest thereon becoming
due and payable to the Assignee herein and in said Note and Mortgage
contained;
THREE. Performance and discharge of each and every obligation,
covenant and agreement of Assignor herein and in said Note and Mortgage
contained.
AND TO PROTECT.THE SECURITY OF THIS ASSIGNMENT, ASSIGNOR AGREES:
1. Performance of Leases. To faithfully abide by, perform and
discharge each and every obligation, covenant and agreement under any leases
of the Premises to be performed by the lessor thereunder; to enforce or
secure the performance of each and every obligation, covenant, condition and
agreement of said leases by the lessees thereunder to be performed; not to
anticipate the rents thereunder to reduce the amount of the rents and other
payments thereunder, or to waive, excuse, condone or in any canner release or
discharge the lessees thereunder of dr from the obligations, covenants,
conditions and agreements by said lessees to be performed, including the
obligation to pay the rental called for thereunder in the manner and at the
place and time specified therein; not to terminate the leases or accept a
surrender thereof except by reason of the expiration of the stated term of the
leases; and not to consent to .a subordination of the interest of the lessees ,
thereunder.
2. Protect Security. At Assignor's sole cost and expense, to appear
in and defend any action or proceeding arising under, growing out of or in any
manner connected with leases or. the obligations, duties or liabilities of
Assignor and lessees thereunder, and' to pay all costs and expenses of Assignee,
including attorneys' fees in a reasonable sum, in any such action or proceeding
in which the Assignee may appear. Assignor represents and warrants that it is
now the absolute owner of said leases with full right and title to. assign the
same and the rents, income, payments and profits therefrom; and tat there is
no outstanding assignment or pledge thereof or of the rents, income, payments
and profits therefrom. Assignor agrees to use its best efforts to keep the
Premises fully leased at rentals equivalent to or greater than rentals
achieved from comparable properties.
Exhibit "H"
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3. Present Assignment of Rents. This Assignment shall constitute
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an actual and present assignment.-provided, the Assignor shall have the right
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to collect, but not prior to accrual, all of the rents, income and profits
and to retain, use and enjoy the same unless and until a default shall occur
in the payment when due of interest or principal under the Note or if an
event of default shall occur hereunder, or under the Mortgage or under any
I
other instrument now or hereafter securing the Note or the Indebtedness
Secured Hereby.
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4. Remedies. Upon or at any time after default by Assignor-in the
payment of any Indebtedness Secured Hereby or in the performance of any
contained,
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obligation, covenantor agreement herein or in said Note or Mortgage
immediately due and
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the Assignee may declare all Indebtedness Secured Hereby
in or by agent,
payable, and may, at its option, without notice, either person
with or without taking possession of or entering the Premises, with or without
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bringing any action or proceeding, or by a receiver to be appointed by a
a
court, collect all of the rents payable under the leases, enforce the payment
`
thereof and exercise all of the rights of the Assignor under the leases and
may take
all of the rights of the Assignee hereunder, and enter upon, possession
of, manage and operate said Premises, or any part thereof; may cancel, enforce
j;
or modify the leases, and fix or modify rents, and do any acts which the
Assignee deems proper to protect the security hereof with or without taking
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1 the same, less costs and expenses
possession of said Premises, and may apply ,
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of operation and collection, including reasonable attorneys' fees, upon any
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Indebtedness Secured Hereby and in such order as the Assignee may determine.
The entering upon and taking possession of said Premises, the collection of
as aforesaid, shall
�'S' �•
such rents, issues and profits and the application thereof
not cure or waive any default or waive, modify or affect notice of default
j
under said Note or Mortgage.
5. No Liability for Assignee. The Assignee shall not be obligated
to perform or discharge, nor does it hereby undertake to perform or discharge
�1
any obligation, duty or liability - under- said leases nor shall this Assignment
operate to place responsibility for the control, care, management or repair
a Gtr
of the Premises upon the Assignee nor for the carrying out of any of the terms
and conditions of said leases; nor shall it operate to make the Assignee
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responsible or liable for any waste cormitted on the Premises by the tenants
of the Premises,
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or any other party, or for any dangerous or defective condition
upkeep, repair or control of said -
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or for any negligence in the management,
loss injury or death to any tenant, licensee, employee
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Premises resulting.in or
or stranger.
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6. Assignor to Hold Assignee Harmless. The Assignor shall and does '
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hereby agree to. indemnify and to hold Assignee, harmless of and from any and all
liability,'loss or damage which it may or might incur under said leases or under
claims and demands
or by reason of this Assignment and of and from any and all
which may be asserted against•it by reason of any alleged obligations
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whatsoever
or undertakings on its part to perform-or discharge any of the terms, covenants
or agreements contained in said leases. Should the Assignee incur any such
thereof,
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liability, or in the defense of any such claims or demands, the amount
fees, shall be secured hereby
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including costs, expenses, and reasonable attorneys
immediately upon demand, and
and Assignor shall reimburse the_Assignee therefor
so do the Assignee may declare all Indebtedness
upon the failure of Assignor to
Secured Hereby immediately due and.payable.
7. No Election of Remedies. This Assignment shall in no way
operate to prevent the Assignea from pursuing any remedy which it now or here -
after may have under the terms or conditions of said Mortgage or the Rote
secured thereby or any other instrument securing the same.
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8. Authorization to Lessees. The lessees under each of the leases
are hereby irrevocably authorized-and directed to recognize the claims of
Assignee, or its assigns, hereunder without investigating the reason for any
action taken by the Assignee or assigns, or the validity or the amount of
indebtedness owing to the Assignee or assigns; or the existence of any default
in the Note, Mortgage, or under or by reason of this Assignment, or.the .
application to be made by the Assignee or assigns. Assignor hereby irrevocably
directs and authorizes each lessee to pay to the order of Assignee all sums due
under its lease and consents and directs that said sums shall be paid to Assignee
without the necessity for a judicial determination that a default has occured
hereunder or under the Note or Mortgage, or that Assignee is entitled to
exercise its rights hereunder, and to the extent such sums are paid to Assignee,
the Assignor agrees that the lessee shall have no further liability to Assignor
for the same. The sole signature of the Assignee. or assigns, shall be
sufficient for the exercise of any rights under this Assignment and the sole
receipt of the Assignee, or assigns, for any sums received shall be a full
discharge and release therefor to any such lessee or occupant of the Premises.
9. Assignee Attorney -in -Fact. Assignor hereby irrevocably appoints
-' Assignee and its successors and assigns as its agent and attorney -in -fact to
execute and deliver during the term of this Assignment such further instruments
as Assignee may deem necessary to make this Assignment and any further
assignment effective.
10. Assignment to be Subordinate. Notwithstanding anything herein
contained to the contrary, it is understood, and Assignee by the acceptance
hereof hereby agrees, that this Assignment and all of Assignee's rights, lien
and interest hereunder with respect to the leases shall be subordinate and
inferior to the rights, lien and interests of First Federal Savings and Loan
Association of Minneapolis in and to said leases under a mortgage and any
assignment of leases and rents and any other security instruments hereafter
delivered by Assignor to said Association to secure a loan to be made by said
Association to Assignor in the principal sum of $ 825.000.00.
Any default by Assignor in the payment of any sum due under, or in the
performance of or compliance with any of the terms or covenants contained in,
said mortgage, assignment or other security documents in favor of said
Association shall constitute a default hereunder and under the Note and the
Mortgage.
11. Successors and Assigns: This Assignment and each and every
covenant, agreement and other provision hereof shall be binding upon the
Assignor and its successors and assigns, including without limitation each and
every from time to time record o�-ner of the Premises or any other person having
an interest therein, and shall inure to the benefit of the Assignee and its
successors and assigns.
a� 12. Governing Law.• This Assignment is made and executed in the State
of Minnesota and shall be governed by the laws of such State with respect to
`` rl procedures and remedies available to•Assignee in the event of a default.
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13. Validity Clause. The unenforceability or invalidity of any
provisions hereof shall not render any other provision or provisions herein
contained unenforceable or invalid.
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Dorsey, Windhorst, Hannaford, Whitney
6 Halladay
2300 First National Bank. Building
Minneapolis, Minnesota 55402
1.r7l�7 "77677-
IN WITNESS WHEREOF, the.Assignor has caused this Assignment of
Leases and Rents to be duly executed.on'the date first above written.
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50TH b FRANCE OFFICE BUILDING PARTNERSHIP
A . ! 1
By
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Al K. son, Partner
And
Li
Jamed M. Layer, Partner
STATE OF MINNESOTA)
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COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this t44%,\ day
of IFesn y, 1477, by Allen K. Larson and James M. layer, Partners on behalf
1
of 50TH b FRANCE OFFICE BUILDING PART H P, a partnership
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t, R TART f4•:I IC
EFIN LINTY,
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a JUL a ISM
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THIS INSTRUMENT WAS DRAFTED BY:
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Dorsey, Windhorst, Hannaford, Whitney
6 Halladay
2300 First National Bank. Building
Minneapolis, Minnesota 55402
WD
Exhibit A
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to
Assignment of-Leases and Rents
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The North 166.5 feet of the Fast 60 feet of Lot 43, Auditor's
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s
Subdivision No. 172. Hennepin County, Minnesota, except the
South 43.5 feet of the West 54 feet thereof, and except the
South 2.0 feet of the East 6.0 feet thereof; and
The North 123 feet of Tract A, Registered Land Survey No. 1426, '
Files of the Registrar of Titles, Hennepin County, Minnesota;
and
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That part of the following described premises lying above the
elevation
of eight hundred ninety -nine (899) feet mean sew
level, 1929 adjustment:
1
The South 43.5 feet of the North 166.5 feet of the
West 54 feet of the East 60 feet of Lot 43,
Auditor's Subdivision No. 172, Hennepin County,
Minnesota; and
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The South 2.0 feet of the East 6.0 feet of the
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North 166.5 feet of Lot 43, Auditor's Subdivision
No. 172, Hennepin County, Minnesota; and
Tract A, Registered Land Survey No. 1426, Files of
the Registrar of Titles, Hennepin County, Minnesota,
except the North 123 feet thereof; and
'
That part of Lot 43 Auditor's Subdivision
, No. 172.
Hennepin County, Minnesota, described as follows:
Beginning at a point on the East line of said Lot 43
,b►� a :,i ;
distant 166.5 feet South of -the North line thereof;
thence South along said East line to its intersection
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with Line "A" described below; thence West along said
Line "A" to the most Southerly and Easterly corner of
Tract A, Registered Land Survey No. 1426. Files of the
Registrar of Titles, Hennepin County, Minnesota;
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thence North along the most Easterly line of said
_
Tract A to its intersection with the South line of the
t .• j
North 166.5 feet of said Lot 43; thence East, along
said South line, to the point of .beginning.
Line : "e
A straight line drawn betUeen the most Southerly and
Easterly corner of Tract A; Registered Land Survey
No. 1426, Files of the Registrar of Titles, Hennepin
®,
County, Minnesota. and a point on the East line of
the West 107 feet of Lot 44, Auditor's Subdivision
No. 172, Hennepin County, Minnesota, distant 181.05
feet North of the South line thereof.
TOGETHER WITH a non - exclusive easement for automobile parking purposes over
and across the following described premises:
The West 26.54 feet of Tract B, Registered Land Survey No. 1426,
Files of the Registrar of Titles, Hennepin County, Minnesota.
AND together with the rights and easement's appurtenant to the above premises as
;
established by that certain Declaration of Mutual Easements dated January 27,
1977, filed in the office of the Hennepin County Recorder on February 4. 1977
and recorded as Document No. 4264781, and also filed in the office of the
Hennepin County Registrar of Titles on February 11. 1977 and registered as -
Document No. 1209069.
Auditor of Certificate of Tax Sale
Hennepin County, Dated February 10, 1977
Minnesota (_Seal) Filed May 25, 1977
142. to #4286225
State of Minnesota Certifies sale of
City of Edina, Auditor's
Subdivision Number 172,
Hennepin County, Minnesota.
S 189 5/10 ft of Lot 44 and of W 40 ft of Lot 45 and that part of E 3 ft
of Lot 44 lying N of S 189 5/10 ft thof and W 7 ft of N 134 75/100 ft
of S 324 25/100 ft of Lot 45 and that part of W 3 ft of Lot 45 lying N
of S 324 25/100 ft thof incl 7 ft of W 50th st
Lots 44 & 45, pursuant to real estate tax judgment entered May 11, 1970,
in proceedings to enforce payment of taxes delinquent for the year 1969.
Sale held May 11, 1970.
State of Minnesota Conveyance of Forfeited Lands
143. to Issued Pursuant to Minnesota
City of Edina, a Statutes, Sections 282.01 to
Municipal Corporation, 282.12 inclusive.
of the County of Hennepin Dated September 9, 1977
and State of Minnesota Filed Nov. 17, 1977
#4334116
Consideration, premises
S. 189 5/10 ft. of Lot 44 and
of W. 40 ft. of Lot 45 and that
part of E. 3 ft. of Lot 44 lying N. of S. 189 5/10 ft. thof and W. 7 ft.
of N. 134 75/100 ft. of S. 324 25/100 ft. of Lot 45 and that part of W. 3
ft. of Lot 45 lying N. of S. 324 25/100 ft. thof incl 7 ft. of W. 50th
St. Lots 44 and 45, Auditors Subdivision No. 172.
City of Edina, excepting and reserving to the said state, in trust for
taxing districts concerned, all minerals and mineral rights, as provided
by law.
I'r'e,
V
144. Taxes for 1977 and prior years paid as assessed.
Taxes for 1978, amount $1000.6+, first 1/2 paid, second 1/2 not paid
as assessed. (Base Tax Exempt)
Assessed in name of City of Edina, as Non - Homestead; Plat #73970,
Parcel #2910. (Edina #24)
145. Certifications by Title Insurance Company of Minnesota cover records in
County Recorder's Office as to Federal Internal Revenue Lien Notices,
Minnesota Income and Inheritance Tax Lien Notices. Also probate or
incompetency proceedings in the indexes to Estates of Deceased persons
and Wards in the office of the Clerk of Probate Court.
146. For Judgment and Bankruptcy Search see Certificate attached.
•
11
50th & France Office Warranty Deed
Building Partnership Dated April 14, 1978
(a Minnesota partnership) Filed August 25, 1978
147, to #4405875
City of Edina Consideration $1.00 etc.
(a municipal corporation) The South 2.0 feet of the
following described premises:
All that part of Lot 44,
Auditor's Subdivision No. 172,
Hennepin County, Minnesota, lying between the Northerly 120 feet there-
of and the Southerly 189.5 feet thereof, except the Easterly 3 feet
thereof. That part of Lot 44, Auditor's Subdivision No. 172, Hennepin
County, Minnesota, described as follows: Beginning at a point on
the East line of the West 107 feet of said Lot 44, which point is
189.5 feet North of the South line of said lot 44; thence South,
along said East line to its intersection with line "A" described
below; thence West along said line "A" to its intersection with the
West line of said Lot 44; thence North along said West line, to its
intersection with the North line of the South 189.5 feet of said Lot
44; thence East, along said North line to the point of beginning.
That part of the following described premises lying below the elevation
of eight hundred ninety -nine (899) feet mean sea level, 1929
adjustment: The South 43.5 feet of the North 166.5 feet of the
West 54 feet of the East 60 feet of Lot 43, Auditor's Subdivision No.
172, Hennepin County, Minnesota; and The South 2.0 feet of the East
6.0 feet of the North 166.5 feet of Lot 43, Auditor's Subdivision No.
172, Hennepin County, Minnesota; and Tract A, Registered Land Survey
No. 1426, Files of the Registrar of Titles, Hennepin County, Minnesota
except the North 123 feet thereof; and That part of Lot 43, Auditor's
Subdivision No. 172, Hennepin County, Minnesota described as follows:
Beginning at a point on the East line of said Lot 43 distant 166.5
feet South of the North line thereof; thence South along said East
line to its intersection with Line "A" described below; thence West
along said line "A" to the most Southerly and Easterly corner of
Tract A, Registered Land Survey No. 1426, Files of the Registrar of
Titles, Hennepin County, Minnesota; thence North along the most
Easterly line of said Tract A to its intersection with the South line
of the North 166.5 feet of said Lot 43; thence East, along said South
line, to the point of beginning. Line "A ": A straight line drawn
between the most Southerly and Easterly corner of Tract A, Registered
Land Survey No. 1426, Files of the Registrar of Titles, Hennepin County,
Minnesota, and a point on the East line of the West 107 feet of Lot 44,
Auditor's Subdivision No. 172, Hennepin County, Minnesota distant 181.05
feet North of the South line thereof.
SUBJECT TO AND TOGETHER WITH the easements, rights, covenants and
agreements appurtenant to the above premises established by that
certain Declaration of Mutual Easements dated January 27, 1977, filed
in the office of the Hennepin County Recorder on February 4, 1977 and
recorded as Document No. 4264781, and also filed in the office of the
Hennepin County Registrar of Titles on February 11, 1977 and registered
as Document No. 1209069.
free from all incumbrances except as above stated, and except other
easements, restrictions and reservations of record, if any.
State Deed Tax Exempt
P-A
Taxes for 1977 and prior years are paid as assessed.
Taxes for 1978 Amount $4,161.36 First 1/2 paid; Second
(Base Tax Amount $3,317.50)
Taxes for 1978 Amount $3,402.21 First 1/2 paid; Second
(Base Tax Amount $981.32)
11+8. Taxes for 1978 Amount $1,000.64 First 1/2 paid; Second
as assessed
(Base Tax exempt)
(Assessment also covers other land)
•
1/2 not paid
1/2 not paid
1/2 not paid
(Assessed in 50th & France Office Bldg. etal as Non - Homestead, Plat
73970, Parcels 2910, 2870 and 2975, Edina 24)
Certifications by Title Insurance Company of Minnesota cover records
in County Recorder's Office as to Federal Internal Revenue Lien
119. Notices, Minnesota Income and Inheritance Tax Lien Notices. Also
probate or incompetency proceedings in the indexes to Estates of
Deceased personsand Wards in the office of the Clerk of Probate
Court.
150. For Judgment and Bankruptcy Search see Certificate attached.
7
80783
No. Verified by
CERTIFICATE ON JUDGMENT LIEN, FEDERAL TAX LIEN AND BANKRUPTCY DOCKETS
THE COMPANY HEREBY CERTIFIES that it has made a search of the Judgment Lien and Bankruptcy Dockets in
the following named Courts:
District Court, Fourth Judicial District, Hennepin County, Minnesota,
United States District Court, District of Minnesota, Fourth Division,
and finds no bankruptcy proceedings and no unsatisfied judgments and no undischarged notices of Internal Revenue Tax
Liens appearing therein against the names hereon between the dates set opposite the respective names, except as shown
hereon.
THE COMPANY FURTHER CERTIFIES that it has made a search of the Federal Tax Lien Docket in the
United States District Court, District of Minnesota, Third Division,
and finds no undischarged notices of Internal Revenue Tax Liens against the names hereon, between the dates set opposite
the respective names, except as shown hereon.
(Note: Where any name appears hereon with a middle initial, no search is made as to any names having middle initials different from
that shown hereon.)
NAMES DATES
50th $ France Office Building)
Partnership )
(partnership) ) May 31, 1978 Aug. 26, 1978
Allen K. Larson May 31, 1978 Aug. 26, 1978
James M. Layer I May 31, 1978 J Aug. 26, 1978
The Village of Edina or)
Village of Edina )
(Minnesota Corporation)) May 31, 1978 Aug. 29, 1978, 7AM
City of Edina )
(Minnesota Corporation) May 31, 1978 Aug. 29, 1978, 7AM
Dated at Minneapolis, this 29th day of August 19-78
TITLE INSURANCE COMPANY OF MINNESOTA
Form No 8 By �� t.;:' Asst. Secretary
N0.7 9 5 2 8 5 Verifie - `�
CERTIFICATE ON JUDGMENT LIEN, FEDERAL TAX LIEN AND BANKRUPTCY DOCKETS
THE COMPANY HEREBY CERTIFIES that it has made a search of the Judgment Lien and Bankruptcy Dockets in
the following named Courts:
District Court, Fourth Judicial District, Hennepin County, Minnesota,
United States District Court, District of Minnesota, Fourth Division,
and finds no bankruptcy proceedings and no unsatisfied judgments and no undischarged notices of Internal Revenue Tax
Liens appearing therein against the names hereon between the dates set opposite the respective names, except as shown
hereon.
THE COMPANY FURTHER CERTIFIES that it has made a search of the Federal Tax Lien Docket in the
United States District Court, District of Minnesota, Third Division,
and finds no undischarged notices of Internal Revenue Tax Liens against the names hereon, between the dates set opposite
the respective names, except as shown hereon.
(Note: Where any name appears hereon with a middle initial, no search is made as to any names having middle initials different from
that shown hereon.)
Hager of Edina, Inc. )
NAMES
DATES
Edina
Theatre Corporation )
(Minnesota Corporation) )
May
31,
1968
(Minnesota
Corporation) )
May
31,
1968
July
9,
1975
Daisy
G. Jensen
May
31,
1968
July
17,
1976
Mrs.
Harry C. Jensen or )
31,
1968
Feb.
4,
1977
Mrs.
Harry Christian Jensen )
May
31,
1968
July
17,
1976
Carol
D. Larson
May
31,
1968
Feb.
4,
1977
Mrs.
Allen K. Larson
May
31,
1968
Feb.
4,
1977
Hager of Edina, Inc. )
(Minnesota Corporation) )
May
31,
1968
Feb.
4,
1977
Edina Properties, Inc. )
(Minnesota Corporation) )
May
31,
1968
Feb.
4,
1977
The Village of Edina or )
Village of Edina, )
(Minnesota Corporation) )
May
31,
1968
June
1,
1978,
7AM
City of Edina )
(Minnesota Corporation) )
May
31,
1968
June
1,
1978,
7AM
50th & France Office Building )
Partnership, a Partnership )
May
31,
1968
June
1,
1978,
7AM
Allen K. Larson
May
31,
1968
June
1,
1978,
7AM
James M. Layer
May
31,
1968
June
1,
1978,
7AM
Except as follows:----- -
-- �� ----- District Court, Fourth Judicial Distri t�"`
State of Minnesota Judgment $145.44
Vs Dated June 4, 19 (9
Raymond C. Larson Docketed June 4, 1969
Carol D. Larson Case No. 659470
8113 Bass Lake Road, Douglas M. Head, Atty.
M p 1 s .
(For continuation see Page No. 2 of twa page certificate)
Dated at Minneapolis, this 1 S t day of June 19 78
TITLE INSURANCE COMPANY OF MINNESOTA
Form No 0 y "'�,/ .� sst. Secretary
Order No. 795285
Page No. 2
Richard Aronson doing
business as
D & D Properties
vs
Allen Larson, etal
2833 -43rd Ave. So.
Mpls., Minn.
(Page No. 2 of two page certificate)
i
Judgment $37.00
Dated July 24, 1975
Docketed Jan. 7, 1977
Case No. 732127
Pro se, Atty.
Municipal Court Transcript