HomeMy WebLinkAbout1500April 25, 1972
Rx. Tt lea was S, Hrlokson
2400 Mrst Natl.oiial Bank, S14r,-
14.nneapolla. MI 55402
Dear Tom:
Rnolozad4 as requasted, is a copy of "Decla'rAtion of Protectilft
Covenants " and the resolution adopted by the Edina Village touncil
April 17, 1972, rnlativ-a t,,) the Tama Investment Company pvoperty-
Plea4e tall me If you have any questions in this matter.
Yours vary trul-,,
Village Clerk
anclosur-as
4` Y
3S6S1'72
DECLARATION OF PROTECTIVE COVENANTS
THIS DECLARATION, Made this 31st day of July, 1970, by JOHN ON
CONSTRUCTION COMPANY, a partnership consisting of John R. Johnson, A e H.
Johnson, Ray A. Johnson, and Robert R. Johnson, a partnership under he laws
of the State of Minnesota (hereinafter called "Declarant ");
WIINE£SETH. THAT:
WHEREAS Declarant is the fee owner of record of all the pro erty
described in Exhibit A attached hereto and made a part hereof (herei after
called "Property "); and
WHEREAS it is the desire of the Declarant to secure the val e of
the Property and its usefulness for development;
NOW THEREFORE, In order to effect the foregoing, the said Declarant
does hereby impose, promulgate, adopt and subject the Property to the follow-
ing conditions, provisions, convenants, and restrictions which shall run with
the land and shall be binding on all present and future owners, occ piers
and encumbrancers of all or any part of the Property.
1. That no more than eighty -four (84) residence units sha 1 be
constructed on the Property.
2. That no building constructed on the Property shall exc ed two
(2) stories in height above finished grade level at the West end of the building
and three (3) stories in height above finished grade level at the E st end of
the building.
3. These restrictive covenants are for the benefit of the Village
of Edina, its successors and assigns, and may be enforced by the Vi lage of
Edina by proceedings at law or in equity against any party violatin or at-
tempting to violate them, or any of them, either to prevent such vi lation or
recover damages therefor.
4. These restrictions, or either of them, may be amended
fied, released, or revoked at any time and from time to time by tr
owner of the Property, upon the consent of the Village of Edina it
of a resolution of the Village Council of the Village of Edina, ar
modi-
then
the form
shall be
r
deemed so amended, modified, released, or revoked only when a certif
copy of such resolution consenting to the amendment, modification, r
lease or revocation of these covenants, or any of them, as the
may be, is duly recorded in the office of the Register of Deeds in
for Hennepin County, Minnesota.
IN TESTIMONY WHEREOF, The said Declarant has caused this
instrument to be executed in its partnership name: by one of its pa
the day and year first'above written.
IN PRESENCE OF
STATE OF MINNESOTA )
SS
COUNTY OF )
JOHNSON CONSTRUCTION
By /YJ�
A Par
e
ANY
On this day of L_ �'7 _, 1970, before me,
Notary Public within and for said County, personally appeared
d li fop , to me personally known, who, be ng
by me duly sworn, did say that he is a partner of JOHNSON CONSTRUCT ON
COMPANY, the partnership named in the foregoing instrument and that he
had authority to'and did execute the foregoing instrument on behalf of
said partnership and said /� Atr-' n
acknowledged said instrument to be the free act and deed of said pa tnership.
(NOTARIAL SEAL)
This hwhument was drafted by
Dormy, Marquart, Windhorst, West & Halladay
2400 Ist National Bank Bldg.
Mm"Polis, Minnesota 55402
"' STATE of pA- �BEPT. OF
4Y `` TAXATION=
L� DE
cv TA OEC31 70 ..
k'02.20 --
0 TAX */0�5
STATE DEED TAX DUE HEREON`
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ELfL• 'ryLK2
NOWY Public, Mee er County, Minn.
MV00mission Ex lires April 9. 1971
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EX111BIT A
That• part of the Northeast Quarter of the Northwest- Quarter (NE ,I 4
of NW 1/4) and the Northwest: Quarter .of the Northeast Quarter (PIJ 1./4
of IJE 1/4) of Section Six (6), Township One Hundred Sixteen (116). Range
Twenty -one (21), described as follows: Beginning on a point in t ie West
line of said Northeast Quarter of 'the Northwest Quarter (NE 1/4 o- NW 1/4)
distant 81.4.5 feet North of the Southwest corner of said Northeas Quarter
of the Northwest Quarter (NE 1/4 of r'wJ 1/4) ; thence running East nd a
deflection angle to the right of 92 °20' a distance of 676.3 feet; thence
Nortai parallel with the West line of said Northeast Quarter of th
Northwest Quarter (NE 1/4 of NW 1/4) a distance of 366 feet to a oint
which is 283.9 feet South of the North li_ ne of said Section Six ( ) ;
the actual point of. beginning of the tract to be described; thene running
East- on a deflection angle to the right of 92 °20' a distance of 1 17.5
feet more'or less to the center line of the Town Road, also known as
Gleason Road as now laid out and travelled; thence Northeasterly along
said center Line a distance of 384.7 feet more or less to its intersection
with the North line of said Section Six (6); thence !Jest along said North
line a distance of 1.426.3 feet more or less to a point which is distant :78.6
feet East of the Northwest corner of the Northeast Quarter of the Northwest
Quarter (NE 1/4 of N1.4-1/4); thence South parallel with the West ine of
said Northeast Quarter of the Northwest Quarter (NE 1/4 of NW 1/4) 283.9
feet to the point of beginni.no.
. Which lies Northerly of the following, described line:
Beginning at the East: Quarter corner. of Section Six (6), Townshi} One
Hundred Sixteen (116), Range Twenty -one (21), thence North 00 de tees 09
i ti. t@ Of Sa 1( Section On C j miriL 7 CCn �;2 a
distance of 1807.59 feet; thence North 78 degrees 48 minutes 33 .econds
V,-+st L dist.Cncc of 1070.37 North G.! de—iL_'i.s 13 mii itul or 33
seconds West a distance of 1031.19 feet; thence North 12 degrees 36 minutes
50 seconds East a distance of 490.0 feet; thence South 77 degree 23 minutes
10 seconds East a distance of 100.0 feet to the actual point of eginning
of the line to be described; thence North 77 degrees 23 r.,inutes 0 seconds
West a distance of 180.30 feet; thence along a tangential curve o the left
with a radius of 687.96 feet (delta angle 30 degrees 18 minutes 3 seconds,
tangent distance 186.31 feet-) a distance of 363.89 feet', thence South 72
degrees 18 minutes 27 seconds West along tangent to last describ d curve a
distance of 145.43 feet; thence along a tangential. curve to the fight with a
radius of 839.93 feet (delta angle 22 degrees 43 minui:es, tangen distance
168.72 feet) a distance of 333.02 feet; thence North 84 degrees 0 minutes
.27 seconds Vest a distance of 600.0 fees: and there terminating. Said last
described course is not tangent to last described curve.
Excepting therefrom the Westerly 150 feet thereof, as measured a right- angles
to the West line thereof.
,lisG5172
DEC 31-70 51 7 S 003-00-Yo B
G'�
'01pyllm ew lemsTlift OF 0""
,VATF C, ;,, 1,tvrSOTA
COUNTY OF HEN44EPV14
I hereby certify that the within instrument
vrae, find for record in this office on the
31, -lay of DEC A. D. in at 47
),Cloclay. , and was duly recorde; /In book
70 of Hennepin County Records
.-age 3865172
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�,,FS PAM AND TRANSFER ENTERO
DEC 311976
GEORGE B. HICKEY, AUK WK
N co i;,,, N.
P
lay UTY
YAXCS PAYABLE IN
ON 1APTiEN DESCRIBED
PROPERTY ARE PAID
=Sou Revs,
•
391524`
DECLARATION OF PROTECTIVE COVENANTS
It rI
THIS DECLARATION, Made this lst day of February, 1971,.by
INVESTMENT COMPANY, a partnership under the laws of the State of Mi
(hereinafter called "Declarant ");
WITNESSETH THAT:
TOMA
sota
WHEREAS Declarant is the fee owner of record of all the property
described in Exhibit A attached hereto and made a part hereof (hereinafter
called "Property "); and
WHEREAS it is the desire of the Declarant to secure the value of
the Property and its usefulness for development;
NOW THEREFORE, In order to effect the foregoing, the said eclarant
does hereby impose, promulgate, adopt and subject the Property to th follow-
ing conditions, provisions, covenants, and restrictions which shall un with
the land and shall be binding on all present and future owners, occu iers
and encumbrancers of all or any part of the Property.
1. That no mo °e than eighty -four (84) residence units sha:
constructed on the Property.
.1 be
2. That no building constructed on the Property shall exc ed two
(2) stories in height above finished grade level at the West end of he building
and three (3) stories in height above finished grade level at the Ea t end
of the building.
3. These restrictive covenants are for the benefit of the Village
of Edina, its successors and assigns, and may be enforced by the Village of
Edina by proceedings at law or in equity against any party violating or at-
tempting to violate them, or any of them, either to prevent such vio at.ion or
recover damages therefor.
4. These restrictions, or either of them, may be amended o
modified at any time and from time to time by the then owner of the P
erty, upon the consent of the Village of Edina in the form of a resol
of the Village Council of the Village of Edina, and shall be deemed s
as
t
e
amended or modified only when a certified copy of such resolution consenting
to the amendment or modification of these covenants, or either of them, as
the case may be, is duly recorded in the office of the Register of De ds in
and for Hennepin County, Minnesota.
These restrictions, or either of them, may be released or revoked
at any time by the Village of Edina by a resolution of its Village Council,
and such release or revocation shall be effective upon the recording of a
certified copy of such resolution in the office of the Register of De ds
in and for Hennepin County, Minnesota.
IN TESTIMONY WHEREOF, The said Declarant has caused this instru-
ment to be executed in its partnership name by one of its partners thE day
and year first above written.
In Presence of: TOMA INVESTMENT COMPANY
STATE OF MINNESOTA)
sy a
A Partner
DECLARANT
) SS.
COUNTY OF HENNEPIN)
On this day of 1971, before me, a Notar Pub-
lic within and for said County, personalXy appeared-
to me personally known, who, being by me duly sworn, did say that he is a
partner of TOMA INVESTMENT COMPANY, the partnership named in the foregoing
instrument and that he had authority to and did execute the fo /r-egoing in-
strument on behalf of said partnership and said
knowledged said instrument to be the free act and deed of sai" rye ship.
rtaa t
-2-
IWIS instmment was 7rafted by
Dorsey. Marquart, Windhorst, West s "a1!a4y
2400 1st National Bank Bldg.
Minneapolis, Minnesota 55402
MISS CHERYL I
Notary Public, I
my commimioa
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r
ra111BIT n '
e ,
That part of the Nortl east Quarter of the Northwest Quarter. (NE 1. 4
of Nld 1/4) and the Northwest: Quarter of the Northeast Quarter (NW 1/4
of NE' 1/4) of Section Six (6), Township One Hundred Sixteen (116). Range
Twenty -one (21), described as foll.owF� : Beginning on a point in the West
line of said Northeast Quarter of the Nor. ti,west Quarter (NE 1/4 of N14 1/4)
distant 81.4.5 feat North of the Southwest corner of said Northeas Quarter
of the Northwest Quarter (NE 1/4 of NW 1/4); thence running last nd a
deflection angle to the right of 92 °2.0' a distance of 676.3 feet; thence
North parallel_ with the Vest line of said Northeast- Quarter of th
Northwest Quarter (NE 1/4 of NW 1/4) a distance of 366 feet to a oi.nt
which is 283.9 feet South of the North line of said Section Six
the actual point of beginning of the tract to be described; thenc• running
East on a deflection angle to the right of 92 °20' a distance of 1317.5
feet more or less to the center line of the Town Road, also known as
Gleason Road as now Laid out and travelled; thence Northeasterly long
said center l.ine' a distance of 3814.7 feet more or less to its int .rsection
with the North line of said Section Six (6); thence hest along said North
line a distance of 1426.3 feet more or less to a point which is distant 678.6
feet East of the �;orthwest corner of the Northeast Quarter of the Northwest
Quarter (NE 1/4 of N?,► 1/4); thence South parallel with the West line of
said Northeast Quarter of the Northwest Quarter (NE 1/4 of iNI1a 1/4 283.9
feet to the point of beginning.
. MAch lies Northerly of the following described line:
Beginning at the East Quarter corner of Section Six (6) , Township One
11undred Sixteen (116) , Range Twenty -one (21) , thence north 00 degrees 09
,t`n� 77 cn .1 1 ?-, r t •c ' ° said Section Six � )
!P.ir1L ., CCal.;, .C�J4 aJ_viif� Lile East .t.1i)L. of . ..
distance of 1807.59 feet; thence North 78 degrees 48 minutes 33 seconds
Vest a distance of 1070.37 feet; thence North 81 de -_a-ees 1.3 m-i_nut s 33
seconds West: a distance of 1.031.1.9 feet; thence North 12 degrees 6 minutes
50 seconds Last a distance of 490.0 feet; thence South 77 degrees 23 minutes
10 seconds East a distance of 100.0 feet to the actual point of b ;inning
of the line to be described; thence North 77 degrees 23 minutes 1 seconds
West a distance of 180.30 feet; thence along a tangential curve t the left
with a radius of 687.96 feet (delta angle 30 degrees 18 minutes 23 seconds,
tangent distance 186.31_ feet) a distance of 363.89 feet; thence South 72
degrees 18 minutes 2.7 seconds West along tangent to last described curve a
distance of 145.43 feet; thence aloe; a tangential. curve to the r-'-ht with a
radius of 839.93 feet (delta angle 22 degrees 43 minutes, tangent distance
168.72 feet) a distance of 333.02 feet; thence North 84 degrees .1 minutes
27 seconds Vest a distance of 600.0 feet and there terminating. aid last
described course is not tangent: to last described curve.
Excepting therefrom the Westerly 150 feet thereof, as measured at
to the West line thereof-.
ght aaigles
i
391524'
x
Nov -5.71 5 2 4 7 $ 00 00QO B
d,
O,F O RE STER OF DEEDS
STATE Or M- NNE80TA
COUNTY OF HENNEOIN
I hereby c::rtify that the Within it strllment
was filed for record in thit office on the �v
5 day of NOV A.D. 1971 211/0 S
o'clo$WA -1 and was duly recorded in book
7 1 of Hennepin County ROMrdS
page 39524',
REGISTE F DE
By
DEPUTY REGISTER OF DEEDS
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