Loading...
HomeMy WebLinkAbout1648DoRSEY, MARQUART, WINDHORST, WEST & HAL,LADAY Juan 27, 1972 Village of Edina 43101 Went 50th Street Edina, minnosota 55424 a• Re: Lot B, in Hilldale, Hennepin County, Minnesota, according to the slap or plat thereof on file and of record in the office of the Register of Deeds in and for Hennepin County, �iinnasota Gezntiomens 'wee have examined the title to the above described promises as shown by a Registered Property Abstract (Certificate of Tittle loo. 3111111) certified to June 16, 1972 at 7:00 o *clock: A.M. by Title Insurance Company of Minnesota. Raged upon such examination, we are of the Opinion that an of June 'list 1972 at 7100 o'clOck A -X., foo title to said promises was vested in ;ANSON RANDIMPH NERRD" and EVE. YN RURFm MRRDIM, his wife, free and clear of all lieano, charges and encumbrance*, except as follOwst 1. Subject to the easement and right -'of ay of Northern States Poorer Company, a corporation, aver, along and upon all that part of said Lot, lying easterly of a line drawn parallel to and distant 50 feet *east of the east line of the East 1/2 of the Northeast 1/4 of Section 29, Township 1170 Rang* 21, as such easment and right -of way is granted and defined in Deed dated January 23, 1924, recorded 'December 8, 1924 in nook 1046 of Deeds, page 135 in the office of the said Register of deeds; Dead dated March 21, 1924 and recorded November 10, 1924 in 'Book 11141, of Deeds on pages 505 in the office of the said Register of deeds, and Heed dated April 7t 19241 and recorded December P, 1924 in Sook 1046 of Deeds on page 1.37 in the office of the said Register of Deeds. Said easements grant the right to construct, operate and maintain lines for the trans- mission of electrical energy, including the necessary steel tovers, P0189, wires, guys, +etc. 2. Subject to certain conditions, reservations, easements and restrictions, as contained in Dead Document No. 470801, riles of Registrar of Titles which tun until December 310 1989. Said conditions, reservationSs easements and restrictions are not out in the exhibit attached hereto and JAMES T. HALVERSON ROBERT AL HEIBERG DONALD WEST THOMAS S. ERICKSON 2400 FIRST NATION ,A L B BANK K B U I L D I N G3 CHARLES J. HAUE14STEIN EMERY W- BARTLE WALDO F MAROUART WILLIgM C. BABCOCK CHARLES A.GEER MICHAEL J. WMER JOHN W. WIN_: 'nRST - MICHAEL E. GRESS MI M N E A P O L I S, M I N N E S O TA S 5 4 O 2 JOHN C- ZWAKMAN T MNE CURTIS L BINE HENRY HALL: ,,7 JULE M- HANNA -0 PAUL G. ZERBY RAYMOND A. REISTER JOHN R -WICKS EUGENE L.JOHNSON MI CANO WILLLLAIAM M J. . K EPPEL ARTHUR S- WHITNEY JOHN J. TAYLOR JOHN E WINDHARD JR. JAMES A. RUSSELL W. LINDQUIST BERNARD G. HEINZEN ( 612) 333— 2151 MICHAEL PRICHgRD JOHNS WILLIAM A. JOHNSTONE DAVID R. BRINK WILLIAM J. HEMPEL CABLE: DOROW THOMAS R.50TH WILLIAM E. BOWEN HORACE HITCH VIRGIL H. HILL JOHN 5. HIBBS ROBERT O. FLOTTEN THOMAS R. MWANSO RICHARD SON LUTHER WILLIAM P. LUTHER DOUGLAS D. ANO ROBERT V. TARBOK JOHN D. LEVINE ANHEI DAVID A. RANNEIM DAVID HNEN DEFOREST SPENCER ROBERT J. STRUYK 1468 W —FIRST NATIONAL BANK BUILDING ROBERT J.5ILVERMAN T M.HA VO ROBERT M.HALVORSON ROBERTJ.JOHNSON MICHAEL A. OLSON ST. PAUL,MINNESOTA 55LO1 JAMES M. KLEBBA CRAIG M.B.HASSELQUIST LARRY W. JOHNSON HAY (612) 227—$017 WILLIAM R -HIBBS TS -WAMS VINCENT S.WALKOWIAN PETER DORSEY GEORGE P. FLANNERY THOMAS S. G. LARRY GRIFFITH JOHN D. NIRBY PHILIP F_BOELTER CURTIS L- Roy CRAIG A. BECK WILLIAM B.PAYNE AUSTIN..ARTNER N ARTHUR E- WEISBERG JOSEPH SLA14GE DAVID L. McCVSKEY THOMAS O. MOE JONATHAN VILLAGE CENTER ADM. PARTNER DUANE E- FREDERICK JAMES H.O'HAGAN CHASKA, MINNESOTA 55318 JAN D.S.BURTON JAN D. STUURMANS JAMES B. VE' MICHAEL W. WRIGHT (612) 448 -4012 R.A.SCHWARTZBAUER DAVID N-FRONEK OF COUNSEL WILLIAM A.WHITLOCK LARRY L. VICKREY THOMAS DAVID E. BRONSON EJ.SCHWARTZBAUER LOREN R.KNOTT TTINKHAM JON FL LEORG THOMAS M.BROWN CORNELIUS D.MAHONEY PHILLIP H. MARTIN REESE C.JOHNSON EARL LDEVINE -DEVIE GEORGE E. ANDERSON E -AND R Juan 27, 1972 Village of Edina 43101 Went 50th Street Edina, minnosota 55424 a• Re: Lot B, in Hilldale, Hennepin County, Minnesota, according to the slap or plat thereof on file and of record in the office of the Register of Deeds in and for Hennepin County, �iinnasota Gezntiomens 'wee have examined the title to the above described promises as shown by a Registered Property Abstract (Certificate of Tittle loo. 3111111) certified to June 16, 1972 at 7:00 o *clock: A.M. by Title Insurance Company of Minnesota. Raged upon such examination, we are of the Opinion that an of June 'list 1972 at 7100 o'clOck A -X., foo title to said promises was vested in ;ANSON RANDIMPH NERRD" and EVE. YN RURFm MRRDIM, his wife, free and clear of all lieano, charges and encumbrance*, except as follOwst 1. Subject to the easement and right -'of ay of Northern States Poorer Company, a corporation, aver, along and upon all that part of said Lot, lying easterly of a line drawn parallel to and distant 50 feet *east of the east line of the East 1/2 of the Northeast 1/4 of Section 29, Township 1170 Rang* 21, as such easment and right -of way is granted and defined in Deed dated January 23, 1924, recorded 'December 8, 1924 in nook 1046 of Deeds, page 135 in the office of the said Register of deeds; Dead dated March 21, 1924 and recorded November 10, 1924 in 'Book 11141, of Deeds on pages 505 in the office of the said Register of deeds, and Heed dated April 7t 19241 and recorded December P, 1924 in Sook 1046 of Deeds on page 1.37 in the office of the said Register of Deeds. Said easements grant the right to construct, operate and maintain lines for the trans- mission of electrical energy, including the necessary steel tovers, P0189, wires, guys, +etc. 2. Subject to certain conditions, reservations, easements and restrictions, as contained in Dead Document No. 470801, riles of Registrar of Titles which tun until December 310 1989. Said conditions, reservationSs easements and restrictions are not out in the exhibit attached hereto and 0 0 DORSEY, MAROUART, WINDHORST, WEST a HALLADAY Villose of Edina. page - 2 - June 27, 1992 and made it part heroof. Please note that said conditions restrict 'buildings to detached e1U&le-faaily . dwellings with necessary garages and ,ether Appurtenant structures- This will not prevent the use of the property for perk purposes, but it does prohibit the construction of any buildings for park use upon the property. The conditions also reserve an easement for utilities along the rear five fact and side boundary lines of the lot. 3. An easement to the Village of R41na for storm surer purposes over and under the Bast 20 feet of said property. Said assoment is darted March 8, 1962, filed April 26, 1962 ate Document go. 689379 from A. R. Morrison and Zvolyn R. Morrison, husband and wife, also known as Anson Randolph Morris" and Evelyn Kuehn morrIman, husband and wife,. to Village of Edina. 4• 'earl estate taaas dues and payable in 1971 sreg not paid and penalty has Accrued thereon. Real estate 'taXses Moble in 1972 in the aaount of $84.72 Avg also not paid and penalty hats accrued thereon. 5 • `the' (hnrusttr's Duplicate Certifi r: conveyed The above premises are / subject `to the' following covenants, which cov- enants are hereby accepted by said gtxrchasers and mado binding upon them, their heii'�, executors, administrators, and assigns; 7 q 1. That no building shall be placed or erected upon said premises except one. I new, private, detached single family dwelling with necessary garages and other t4, structures appurtenant thereto, which said dwelling shall not exceed two and one- half stories in heiLht, and the ground floor area, exclusive of one -story open porches and garages, shall not be less than 750 square feet in case of a one -story structure, nor less than 6600 square feet in the case of a one and one -half, two, or two and one -half story stricture. Said house shall cost not less than $9000.00, or in the event that the gold value of the dollar shall be decreased, then the equivalent of said sum in dollar currency of the United States of the present gold value; that no part of said dwelling house shall be erected upon said property nearer than 75 feet to Vh-9. Iny line of said lot, X1zatc x tha x ltzf2t,x �#d% t sa z h�i�I X37eloxxtt► NM4 =trac, and that the exterior of any building erected upon said premises shall be com- pletely finished within nine months from the time work is commenced on such building, and no person shall occupy or use such building as a dwelling until the exterior thereof shall have beer. completely finished. 2. That no apartment house, hotel, duplex, or multiple dwelling factory, flat building, store, or other business building shall be placed or erected on said prem- ises or any part thereof, nor shall any building or structure thereon be used or occupied for mercantile, manufacturing, store, or other business purposes, it being the intent of these presents that said premises and every part thereof shall be held and urged for residence purposes only and*to this end, that no manufacturing industry, store; trade, or business of any kind shall be maintained or conducted on said prem- ises or any part thereof. 3. That no sed, soil, sand, or gravel shall be sold or removed from said pre-11- ises except for the purpose of excavating CD for-.the construction or alteration of a residence on said promises or any appurtenance thereof, or for the proper grading ther©df. . 4. That no persons of any race other than the Caucasian race shall use or occupy any building; on any lot, except that this covenant aball not prevent occupancy by domestic servants of a different race domiciled with an o5mor or tenant. 5. That no noxioua or offensive trade or activity shall be carried on or upon an;* lot nor shall anything; be done thereon which may be or become an annoyance or nuisance to the noigllborhoocl. No cc-,Ts, goats, ahocp, nor any domestic aninialo, poultry, or fo,rl of any hind ^hall bo fort on eaicl pr :ioc , except dogs and cats. 6. That shier vomlu,o heroj)y c �„ ;1.y caor.e c,c tli cl.voel tho:i_r 1(;II3 the our•vivor) and tho ho9rs uncl �Iu: I ,r�r, of tho 1,1!i:vivo�, tl,t, r:i.t,l -It to conA1Itc;t, GlOCt,r)]. IT :L�h til) I)tOG%' `1,._ C1(,.:i 3110' mO i II La i.n on an(_ alc n Y l llfl(�t..'ri t'UIiP._i U.1,' .. �li'l�1 „l( CVII(llll t:i 1_ Limy lot or -wlvt 1,11"rucW jn "aid, I' of-lo � tiz ���_;�It;y tt_�'1?m rll L o 1'.t:' �I {: t 1 1 Cl' 1T I I Uc] j d LJr1 C.)11(111A1'.1y tnrC ot;hu ' 51.1 Li l t.�: .`.Ij;ili._ 1�U l:l; :� l .u�t' oi' �:.....ilS tjlli 'L'11= ?l:; l.i' .�L� :.'U.1'L:.li: -i lily (.Iltt ljoroin r000rvo O , s ° 7. That no buildinn shall be erected, altered, placed or permitted to remain on any building lot in'-11H11:1 l.l,l...le " until the external deoign�.and location a thereof shall have been approved in writing by the sponsor (vendor), or, in the event of the failure, refusal or legal disability of the sponsor to so act, then by the neiGhborhooet committee which shall be appointed or elected by the 01•mer or owners of a majority of the lots which are subject to the covenants herein set Y orth. (Each owner has votes equal to the number of lots owned.) It being Che desire of the sponsor and/or committee to so locate each building as to take full advantage of the views afforded by such location and also to best adapt the build-- inn to the varying topo�rayYhy of the lots in "Hill^ ,.10 ", due consideration will be given in each instance to protection of the views and convenience of the houses previously, as well as of those to be subsequently, constructed in $Ow- ever, if the sponsor or the committee fails to approve or c.isapprove such dosi i, or location within 30 daye after such plans have been submitted to them, then such approval will not be required. The completion of construction, alteration, or °o placement of a structure for 30 days shall be construed as prima -facie evidence of committee approval. 8. That no trailer, basement, tent, shack, garage, barn, or other outbuilding erected in the tract shall at any time be used as_ a residence, temporarily or perma- nently, nor shall any structure of a temporary character be used as a residence. 9. That until sanitary sewer mains are extended to the tract, sewage disposal shall be by means of private septic tanks so constructed and located on the lot as to meet`the written a-pProval of the proper health authorities. Such approval shall take into consideration the conditions and hazards which may be expected to exist when the tract is entirely built up with homes. 10. That until tract is served with public water supply, private wells shall be installed, so constructed and located on the lot as to meet the written approval of the proper health authorities. 11. That if the parties hereto, or any of them, or their heirs or assigns, shall violate or attempt 'co violate any of the covenants herein, it shall be lawful for any other person or persons owning any real property situated in said develop- ment or subdivision to prosecute any proceedings at lav or in equity against the ,persons or person violating or attemptin, to violate any such covenant, and either to prOvent him or them from so doings or to recover damages or other dues for such violation. 12. That invalidation of any of these covenants by judgment or court order shall in no wise affect any of the other provisions which shall remain in full force and effect. la. That the foregoing covenant and restrictions shall run with the land and shall be binding and obligatory until Deceraber 31,1:0:30 and no longer, after which all and each'of said covenants and restrictions shall absolutely terminate and ahall become null and of no effect. Mr. Kenneth D. Rosland Village of Edina 4801 t-Test 50th Street Fdina, Minnesota 55424 Re: Merriman - Gift of Land Dear 1;cn t In connection with the od�eirtoot }�erVillage o nrdina,11�renclose to 111�s:c a gift of Lot 5, in pill dale, the foJ.jxwjng: 1. Our title opinion on Lot PJ, in Villdale. You will note that it is subject to certain conditions, reservations, easements, restrictions and unpaid ts�:es. I can determine for you the exact amount of unpaid tr.xes, if you wish. Please review the restrictions carefully and call me so that we can discuss any proi)lems they may create. 2. An original and two copies of a proposed form of Quit Claim Deed from 1-ir. and Mrs. Merriman to the Village of Edina. 3. A proposed form of Resolution to be adopted by the Village Council accepting the conveyance of the property. This alrceptance must be by resolution of the Council adopted by a two - tbirds mainrity of it members. A certification, has been prepEired reciting a unanimous vote of the Council. This resolution should be deJ.ivered to Florence. You Will then have it wbe_n the matter cnmes up before the Council. DORSEY, MARQUART, WINDHORST, WEST & HALLADAY JAMES T HALVERSON ROBERT A HEIBERG DONALD WEST THOMAS S ERI:KSCN 2400 FIRST NATIONAL BANK BUILDING CHARLES J HAUENSTEIN EMERY W. BARTLE WALD0 F MAROUART WILLIAM C. DASCOCK CHARLES A. GEE" MICHAEL J RADMER JOHN W. WINOHORST MICHAEL E PRESS MINNEAPOLIS, M i N N E 5 0 TA S 5 4 0 2 JOHN C. ZWAK MAN CUR IS L STINE HENRY HALT ADAM PAUL G. ZER8Y JOHN P -WICKS MICHAEL TRUCANO JULE M. HANNAFORO RAYMOND A. REISTER EUGENE L.JOHNSON WILLIAM J. KEPPEL ARTHUR B.WHITNEY JOHN J. TAYLOR JOHN W W(NDHORSt, JR. JAMES A. FLADER RUSSELL W. LINDOUIS7 BERNARD G HEINZEN 1 612 ) 333— 2 15 1 MICHAEL PRICHARD WILLIAM A JOHNSTONE DAVID R. BRINK WILLIAM J. HEMPEL CABLE: DOROW WILLIAM R SON WILLIAM E. BROEN P. LUTHER HORACE HOCH VIRGIL H. HILL JOHN S. 111805 ROBERT 0. FLOTTEN THOMAS R. MANTHEY RICHARD G. SWANSON WILLIAM DOUGLAS D M�FARLAND ROBERT V. TAR BOX JOHN D. LEVINE DAVID A. RANHEIM DAVID L.BOEHNEN DEFOREST SPENCER ROBERT) 57 "urK 1468 W —FIRST NATIONAL BANK BUILDING RoBERi J. StLVERMnN ROBERT M. HALVORSOH ROBERT J. JOHNSON MICHAEL A. CLSON ST. PAUL, MINNESOTA 55101 JAMES M. KLEBBh CRAIG LWILlIAMS M.B. HASSELOUIST LARRY W. JOHN50N (612) 227 -801% WILLIAM R. NIBBS VINCENT S. WALKOWIAN PETER OOPSEY THOMAS S. HAY JOHN D.KIRBY GEORGE P. FLANNERY G.LARRY GRIFFITH PHILIP F. BOELTER CURTIS L.ROY CRAIG A. BECK WILLIAM B. PAYNE AUSTIN G.ANOERSON ARTHUR E.WEISBERG DAVID L. MCCUSKEY JONATHAN VILLAGE CENTER BRUCE W. BURTON ADM. PARTNER DUANE EJOSEFH THOMAS O. HOE CHASKA, MINNESOTA 55318 JAN D.STUURMANS FREDERICK C.LANGE JAMES H2O'HAGAN (5121 446 -4012 R. A, SCHWARTZBAUER OF COUNSEL JAMES B. VESSEY WILLIAM A.WHITLOCK MICHAEL W WRIGHT LARRY L. VICKREY DAVID N. FRONEK THOMAS W. TINKHAM DAVID E, BRONSON E. J.SCHWARTZBAUER LOREN R. KNOTT JON F. TUTTLE LEAVITT R. BARKER THOMAS M. BROWN PHILLIP H. MARTIN EARL L. DEVINE GEORGE E. ANDERSON CORNELIUS D. MAHONEY REESE C. JOHNSON June 27, 1972 Mr. Kenneth D. Rosland Village of Edina 4801 t-Test 50th Street Fdina, Minnesota 55424 Re: Merriman - Gift of Land Dear 1;cn t In connection with the od�eirtoot }�erVillage o nrdina,11�renclose to 111�s:c a gift of Lot 5, in pill dale, the foJ.jxwjng: 1. Our title opinion on Lot PJ, in Villdale. You will note that it is subject to certain conditions, reservations, easements, restrictions and unpaid ts�:es. I can determine for you the exact amount of unpaid tr.xes, if you wish. Please review the restrictions carefully and call me so that we can discuss any proi)lems they may create. 2. An original and two copies of a proposed form of Quit Claim Deed from 1-ir. and Mrs. Merriman to the Village of Edina. 3. A proposed form of Resolution to be adopted by the Village Council accepting the conveyance of the property. This alrceptance must be by resolution of the Council adopted by a two - tbirds mainrity of it members. A certification, has been prepEired reciting a unanimous vote of the Council. This resolution should be deJ.ivered to Florence. You Will then have it wbe_n the matter cnmes up before the Council. DORSEY, MAROUART, WINDHORST, WEST a HALLADAY Mr. Kenneth D. Rosland Village of rdina :tune 27, 1972 Page - 2 - As to Council approval, I under. r; s,,snd the "L you will place this matter ou the Council agenda. I would st,.i;gest that the documents be executed and delivered to the Village subject enclosed Resolution�cil so that they will be effective upon adopt ion of the Once the Council has accepted the conveyance, please send the original of the executed deed to me, together with the funds necessary to pay the real estate, taxes and together with the Owner's Duplicate Certificate of Title. The obtaining; of this Duplicate Certificate is most important. Hopefully, Mr. Merriman ' .s it in his possession. If not, please let me Icnow pi-OMPtlY- TSEIc Enclosures a Very truly yours, Thomas S. Erickson I le On" 1600 ?Aye 482827 (afartroutr jorn tt�� 482827 DISTRICT COURT NI? 4844 Village of Edina 0"Wer. IMPORTANT In dealing with the land described in this certificate, the names of the parties and descrip- tion of property should be ex- actly the same as written herein. s � Ww" 9 t I' 1007 jw j0 -9 ATTENTION DELAY and EXPENSE will be caused by the Ioss of this certificate. InElwolmiMm CONTINUED DOCUMENT NUMBER KIND OF INSTRUMENT DATEOFINSTRUMENT DATE OF REGISTRATION AMOUNT RUNNING IN FAVOR OF SIGNATURE OF REGISTRAR MONTH DAY YEAR MONTH DAY YEAR HOUR HC 1031 A. D. 1939 STMOFMUNESOTA, S.S. GO��FHEv�rnv. Volume 215 Page 67443 tered the 13th day IRICOISTRMION Village of Edina, a Minnesota municipal corporation, of 4801 West 50th Street, City of Edina, County of Hennepin, State of Minnesota is o�ia,'r.���yii �.�; f��y, �y�i���tr ,�i����i����ii,�r /���i�r���i�i �,w,��h������c�t�� ��2 �i�i�7�'a�i,� i�%zii���,edo�,�a•, �o- �u�/l: Lot B in Hilldale, Hennepin County, Minnesota, according to the plat thereof on file or of record in the office of the Register of Deeds in and for said County. Subject to the easement and right -of -way of Northern States Power Company,:a,....cq ration, over along and upon all that part of said Lot, lying easterly of a line drawn parallel to and distant 50 fevt tie line of the East 1/2 of the Northeast 1/4 of Section 29, Township 117, Range 21, as such easement and x- ofrn�G f �fied in Deed dated January 23, 1924, recorded December 8, 1924 in Book 1046 of Deeds, Pae;35 the? s of k'4q id g''tier of Deeds; Deed dated March 21, 1924 and recorded November 10, 1924 in Book 1041 of Deeds on Pdga office �f the said Register of Deeds, and Deed dated April 7, 1924, and recorded December 8, 1924, in Book 1046 of '#3eed on Page 137 in ky of aces of tie said Register of Deeds. Subject to certain conditions, reservations, eaSeher an4.. t btllons,..as contained in deed Doc No 470801, Files of Registrar of Titles which run until December 31, 1989:: '` w /7�u�pp��s�f�i�i����n,��u�i�a2� rrac�.d , /�P�s��,�i��o�iilP��r��pa�i�i� ��iirru�moZ�/ a,/ /ui���,iy��irzal��iQr�u�o�1, p���i�,o -rU• p�//AQ ��L) 0 C!/lO i/�/IGfr/ m,,n am,o/nA 9o4, o lril � a irr����n �i� ��ar o Jim � �o;0 Vol i��ul.d�aili� ca�yUr�iLP ��� � .�.�rilr rleco4�ii. CUCj.�a� �1iA a�a�aa�Y� �� aio�r�� %y�i�i�airur/�irio��.p�ir�ia c/ f�/I7 /,ems LPCIQ��'�/ v CIi /Jll��i i/3// Pi G/1 10'1' �� ��•I/ 4�I'/ //C�GFi�iGU�i�f ��ra p�1Q�����r�i�u�/1���o�io�/%�u� J. 6 1�e , ����y, �rcr�r���: ��i- c��rt�l u�. ie�rrre�7��iie: ����' ircr�ru��u:, G�, �. P, �✓% ��rvr��; ��tr/re�li,�i�cP�1i���^e�i��i� 02, !/Jte xW "Orp� Twenty -ninth �a September �� 72 Roy L. Gover c%t�w,aimx/vv4 r"", c' land By DEPUTY OFES'TATEs. EASEMENTS OR CHARGES' ONTHELANDDEscRIBED IN THE CERTIFICATE OF TITLE HERETO ATTACHED. DOCUMENT NUMBER KIND OF INSTRUMENT DATEDFINSTRUMENT DATE OF REGISTRATION AMOUNT RUNNING IN FAVOR OF SIGNATURE OF REGISTRAR MONTH DAY YEAR MONTH DAY YEAR r+OUR Village of-Edina-.-Grant"X-an- easement in perpetuity for storm sewer purposes for the purpose of Easement Mich 8 1962 A 1 26 1962 •20 constructing & maintaining a storm sewer system under & over the E 20 ft of above land. E 0 VE SEE OVER