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Home My WebLink About151912/9/59 NOTE TO CLERK: (DAYTON BROS. EASEMENT FOR HIGHWAY PURPOSES) EASEMENT DO NOT RECORD THIS M= UNTIL SO AUTHORIZED BY VILLAGE MANAGER. JAMES E.DORSEY DAVID E.BRONSON KENNETH M.OWEN LELAND W.SCOTT HUGH H. BARBER DONALD WEST WALDO F' MARQUART JOHN W.WINDHORST HENRY HALLADAY JULE M.HANNAFORD ARTHUR B.WHITNEY JOHN G. DORSEY RUSSELL W. LINDQUIST DAVID R. BRINK HORACE E. HITCH VIRGIL H.HILL ROBERT V. TARBOX DEFOREST SPENCER RO BERT J. JOHNSON MAYNARD B.HASSELQUIST PETER DORSEY GEORGE P.FLANNERY CURTIS L.ROY ARTHUR E.WEISBERG GREGG S. ORWOLL JOHN W.JONES DUANE E.JOSEPH ROBERT E.KAUL JAMES B.VESSEY DORSEY, OWEN, SCOTT, BARBER & MARQUART ATTORNEYS AT LAW FIRST NATIONAL-SOO LINE BUILDING MINNEAPOLIS 2, MINNESOTA Mr. Warren C. Hyde Village Manager Village of Edina 4801 West 50th Street Minneapolis, Minnesota Dear Mr. Hyde: October 24, 1958 On July 17, 1958, you submitted to me a Certificate Title No. 269390, a quitclaim deed from Dayton Brothers to the Village on part of Cornelia park property, and copies of a hig way easement pertaining to the property. v TELEPHONE FEDERAL 2 -3351 OF COUNSEL LEAVITT R. BARKER At the time, you correctly pointed out that the quite aim deed from the Dayton Brothers specified that the property was t be used solely as a public park and, therefore, you questioned whe her it was permissible for us to grant an easement under the wordin of the deed. After encountering several delays and numerous explana- tions with attorneys for the Dayton Brothers, we have now obtain ,-d an additional quitclaim deed dated October 10, 1958, which deed releases the property for which easements will be given from the restrictions in the original quitclaim deed. We have already filed the original quitclaim deed and 11 now be filing the subsequent deed referred to above. Since ther were certain discrepancies in the highway easements as originall prepared and since we did not approve of the form which was used we have redrafted the highway easements and submit them to you for execution by the Mayor and approval of the Council. Very truly yours, Z1a9 B. asselquis MBH mmk = G Enclosures' t. DORSEY, OWEN, SCOTT. BARBER B MARQU /CRT N S. ' FIRST NATIONAL -$00 LINE BUILDING. NIINNEAPOL.IS October: ih, 1956 Y rte. Iarr+sn c. AYAS . i r e( We" street M• f July 17, ` "Sp ym submitted t0 11ke ; tft C Title No!. 769M.. a duitalsim dook frcA; �teyrtcN► ora to Ilea a VIIU It tom VWt of Carotl & VWk , a" :mss �► vor ""Rent p orl aims to Via p opsrty • . At t1w time, Tau awrocul ""tot cut oat aui AwA frog tb* Doytcu Brot1wre specified" bst the meat it i r used xa e3y as a public spark vxA, tbs refafe, you quest It vas persirsiblw for us to grout on easement umse� the deed. After on atU4 Seve tiers with attoreeya for tlee a i at, w , ' an & tiaga2, q tclais 4 fttei Ockaber 10, 19":. '.: • " . , . r�rle�a "s t1 W0Prty for *lab 04001=0 0 � %* a3 the restrb*ious in tho origauisl i�a a3at wed. J!t liaYe iIl`eadY �, tie � �i5 ' '.�.y i��.�. ; .. •+ �' � y��, j� um be ,/1,� fiU" he su um t r 11L t� �W7# • .r�i{i44 p s s ryer it d vot apjmt `�I the fyEa a ��1�d �vo r,draf the bl �ts a �t outcsetion by tbio layer and ram of the Comet .? very trily , xw WA - ci r� is u a; - �. I, _. ,fie. _}��• 3 p HIGHWAY EASEMENT u r VILLAGE OF EDINA OF COUNTY OF HENIMIA 9 ::S' i � � �' a ;q r• i �. .,... ....,. f ! �P. IV dB ... ... .. ,, .: .. a . i . . -. ..�a _,..•, .. >,., sd,. z : -,. .�. ,....,YIn.M•»'C.�®�. ...�: ,... i�J .. ,.,. ,�; �. r-- HIGHWAY EAR THIS INDENTURE, Made this day of between the VILLAGE OF EDINA a municipal corporation under the laws of Minnesota, party of the first part, and the COUNTY OF HENNEPIN a and corporate of the State of Minnesota, party of the second part, WITNESSETH, That the said party of the first part, in of the sun of One dollar ($1.00) and other good and valuable cons . it in hand paid by the said party of the second part, the receipt hereby acknowledged, does hereby Grant, Bargain, Quitclaim, and C, the said party of the second part, an easement for public highway over and across the following described parcels of land lying and County of Hennepin and State of Minnesota, described as follows, The Northerly 200 feet of the following described tract: 1958, of the State body politic tion to ,eof is unto oses ,g in the t: The North Five Hundred Twenty and forty -three hundredths ( 20.x+3) feet of the following described property: All that part o the South One -half (S2) of the Northeast Quarter (NFL) of Sect on Thirty (30), Township Twenty -eight (2$), Range Twenty -four (24), Hennepin County, Minnesota lying West of the following des ribed line: beginning at a point in the North Line of said Sout One - half (S2) of the Northeast Quarter (NE) distant Three Hun ed Twenty -nine (329) feet West of the West line of Brookview venue as platted in Peacedale Acres, which point is the Southwes corner of Lot Two (2), Block One (1), Bourgeois Addition; thence 'ng Southeasterly to a point in the Westerly right of way line of Valley View Road, which point is Ninety -seven and Three to the (97.3) feet North as measured at right angles from the Sou h line of said South One -half (S2) of the Northeast Quarter (NE4); thence running Southeaste4 along the Westerly right of way line f Valley View Road to the South line of said South One -half (S2) of the Northeast Quarter (NE-) and there terminating; Also a strip of land Fifty (50) feet in width adjacent to Southerly of the Southerly line of the above described Two undred (200) foot strip and lying Easterly of a line drawn paralle with and Five Hundred Sixty (560) feet Easterly of the West line of said South One -half (S2) of the Northeast Quarter (NE) and ex- tending Easterly to the Easterly line of the above describe tract; Also a strip of land Seventy (70) feet in width adjacent to and Southerly of the Southerly line of the above described Two undred (200) foot strip lying Westerly of a line drawn parallel wi and Fifty (50) feet Easterly of the West line of said South One half (Sz) of the Northeast Quarter (NE,1) and extending Westerly o the West -lipe of said South One -half (S2) of the Northeast Qua er (NEV'). Together with all right of access being the right of es4 to and egress from all that part of the above described tract in 'ch an easement is not acquired herein to the public street to be onstructed within the limits of the easement as described, except that the abutting owner shall retain the right of access on the Westerly Fift (50) feet of said tract. TO HAVE AND TO HOLD said easement together with all the he and appurtenances thereunto belonging or in anywise appertaining, to party of the second part, so long as said easement shall be used for highway purposes. IN TESTIMONY WHEREOF, The said first party has caused then to be executed in its corporate name by its Mayor and its Clerk and seal to be hereunto affixed the day and year first above written. VILLAGE OF EDINA z . In Presence �df By =fir: i Its Mayor it Its Clerk 1 STATE OF MINNESOTA) SS COUNTY OF HENNEPIN) mss:: On this day of ,1958, before m Public within and for said County, personally appeared and to me personally known, who, beir duly sworn did say that they are respectively the Mayor and the Cle corporation named in the foregoing instrument, and that the seal of Jastrument is the corporate seal of said corporation, and that said was sigaed and sealed in behalf of said corporation by authority of � Council and said and ..J acknowledged said instrument to be the free act and deed of said cc k:- E 1\ V U?%.L j K LW...L�, aawaaaawZ+ My Commission Expires STATE OF MINNESOTA) ) SS COUNTY OF HENNEPIN) On this day of ,1958, before Public within and for said County, personally appeared ,to me known to be the person described in an the foregoing instrument, and acknowledged that he executed the sa act and deed. - 2 - DU 6E7. L j t LW.id.w, aawaauw�+ My Commission Expires editaments the said public e presents its corporate , a Notary each by me k of the ixed to said nstrument its Village J.UM%0a.vu0 y, Minnesota 119 >; , a Notary ho executed as his free y, Minnesota ,19_„_ HIGHWAY EASEMENT Ow bet en the SAGE OF ENINA a municipal corporation under the lava of Oute Also a strip of mil. Fifty (50) feet in vidth eAjacent to and Southerly of the southerly Lim of the above described ( 200) foot strip and M(5 te�rly cif a acne dram parallel 7t; ►a Five Hux red % :)Feet Euterly Of the West lice of said S� One-half ( ) of the Northeast Quarter (N*) ate. tending Easterly to the Easterly line of tba above cribed t Also a strip of land Seventy (70) feet in vath adjacent to and Surly of the Southerly line of the above described Two d (200) foot strip lying Westerly of a line dravn parallel with d Fifty (50) feet Easterly of the West line of sai u , v tE AND To HOLD said easement together with all the here4itaments and appurtenances thereunto belonging or in anywise appertaining, to party of the second part, so Jong as said easement shall be used for highway purposes. N TESTDM WREREOFj The said first party has caused these to be executed in its corporate name by its Mayor and its Clerk and it+ seal to be hereunto affixed the day and year first above written. VILI AGE OF EDINA In Presonce,.)Of By Its Mayor Its Clerk STATE OF MINNESOTA) ) SS COUNTY OF SPIN) said . .. On this day of 1958, before me a Notary Public within and for said County, persana.I1.Y appeared and to me personally known, who, being each UY me duly sworn say -%t t ey are respectively the Mayor and the Clerk of the corporation named in the foregoing instrument, and that the seal affi d to said instrument is the corporate seal of said corporation, and that said instrument was sued and sealed in behalf of said corporation by authority of i s Village Council and said and „.,�.�,.�„ ,_ ,�,,. acknowledged said instrumen to e e e act and deed.o•� co ration. 111U#ot Y JrUU.L.L1-;jP My vcr Comission Expires ►19 L STATE dF mnwsork) j ) SS .” On this day of - . - _ ,1-958: before me a Notary j Public within and far siaid County, ' personally appeared to me knowu to be the person descrfkmid in and w2o exec ed e ftregaing instrument, and acknowledged that he executed the same is his free act and deed. l'4V 1,M1 ,Y X %W i..L% � p My Comission Expires