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Home My WebLink About1686January 4, 1974 Mr. Robert C. Dunn Village of Edina 4801 West 50th Street Edina, Minnesota 55424 Re: Final Certificate Condemnation No. C -1212 Parcel 2 Dear Bob: Ire-7y DOUGLAS 0 MCFARLAND DAVID L. BOEHNEN ALAN D. GILLILAND LAWRENCE R. OLIVER FRANK H. VOIGT WILLIAM E. MARTIN WILLIAM H. HIPPEE. JR. STEPHEN G. SHANK ROBERT A. BURNS TONI A. BEITZ MICHEL A. LAFOND BRADFORD L. FERGUSON ROGERJ.MAGNUSON J. ROBERT HIBBS OF COUNSEL DAVID E. BRONSON LEAVITT R. BARKER GEORGE E. ANDERSON ROBERT L VANFOSSEN I enclose herewith Final Certificate recorded as Document No. 4058787 in the office of the Register of Deeds on December 17, 1973, for your files. Very truly yours, TImas S. Erickson TSE /c Enclosure DORSEY, MARQUART, WINDHORST, WEST 8e HALLADAY DONALD WEST RAYMOND A. REISTER� q, FIRST NATIONAL BANK BUILDING JOHN W. WINDHORST, JR. WALDO F MAROUART JOHN J. TAYLOR MICHAEL PRICHARD JOHN W WINDHORST BERNARD G. HEIHZEN WILLIAM R. SOTH HENRY HALLADAY WILLIAM J. HEMPEL MINNEAPOLIS, MINNESOTA S S 4 O 2 THOMAS R. MANTHEY JULE M HANNAFORD JOHN S. HIBBS RICHARD G. SWANSON ARTHUR B. WHITNEY ROBERT 0. FLOTTEN FAITH L. OHMAN RUSSELL W. LINDOUIST JOHN D. LEVINE ( 612) 340- 2600 DAVID A. RANHEIM DAVID R. BRINK ROBERT J. STRUYK CABLE: DOROW ROBERT J. SILVERMAN HORACE HITCH VIRGIL H. HILL MICHAEL A. OLSON LARRY W JOHNSON TELEX: 29 -0605 WILLIAM R. HIBBS JOHN D. KIRBY ROBERT V TARBOX THOMAS S. HAY TIE LECOP I ER: (612)34O -2868 PHILIP F BOELTER ROBERT J. JOHNSON G. LARRY GRIFFITH WILLIAM B. PAYNE M. B. HASSELO UIST CRAIG A. BECK JAN STUURMANS PETER DORSEY DAVID L. MCCUSKEY 1468 W -FIRST NATIONAL BANK BUILDING R. A. SCHWARTZBAUER GEORGE P. FLANNERY THOMAS 0. MOE ST. PAUL,MINNESOTA 55101 DAVID N. FRONEK CURTIS L, ROY JAMES H. dHAGAN (612) 227 -8017 THOMAS W. TINKHAM ARTHUR E. WEISBERG JOHN M. MASON JON F. TUTTLE DUANE E'JOSEPH MICHAEL W. WRIGHT ROBERT A. HEIBERG FREDERICK E LANGE LARRY L. VICKREY JONATHAN VILLAGE CENTER EMERY W. BARTLE JAMES B.VESSEY WILLIAM A. WHITLOCK LOREN R. KNOTT PHILUP H. MARTIN CHASKA, MINNESOTA 55318 MICHAEL J. RADMER CURTIS L. STINE E. J. SCHWARTZBAUER RE ESE C. JOHNSON (612) 448 -4012 MICHAEL TRUCANO THOMAS M. BROWN CHARLES J. HAUENSTEIN WILLIAM J. KEPPEL CORNELIUS D. MAHONEY CHARLES A. GEER JAMES A. FLADER THOMAS S. ERICKSON JOHN C. ZWAKMAN 115 THIRD STREET SOUTHWEST WILLIAM A. JOHNSTONE WILL C.BAB000K JOHN R. WICKS ROCHESTER, MINNESOTA 55901 WILLIAM E. BOWEN MICHAEL E. BRESS EUGENE LJOHNSON (507) 288 -3156 WILLIAM P. LUTHER January 4, 1974 Mr. Robert C. Dunn Village of Edina 4801 West 50th Street Edina, Minnesota 55424 Re: Final Certificate Condemnation No. C -1212 Parcel 2 Dear Bob: Ire-7y DOUGLAS 0 MCFARLAND DAVID L. BOEHNEN ALAN D. GILLILAND LAWRENCE R. OLIVER FRANK H. VOIGT WILLIAM E. MARTIN WILLIAM H. HIPPEE. JR. STEPHEN G. SHANK ROBERT A. BURNS TONI A. BEITZ MICHEL A. LAFOND BRADFORD L. FERGUSON ROGERJ.MAGNUSON J. ROBERT HIBBS OF COUNSEL DAVID E. BRONSON LEAVITT R. BARKER GEORGE E. ANDERSON ROBERT L VANFOSSEN I enclose herewith Final Certificate recorded as Document No. 4058787 in the office of the Register of Deeds on December 17, 1973, for your files. Very truly yours, TImas S. Erickson TSE /c Enclosure J �J STATL OF MINNESOTA COUNTY OF HENNEPIN 17� DEC IN THE MATTER OF CONDEMNATION BY THE VILLAGE OF EDINA OF CERTAIN LANDS AND INTERESTS THEREIN IN HENNEPIN COUNTY FOR PUBLIC STREET AND UTILITY PURPOSES AND TEMPORARY CONSTRUCTION AND SLOPE EASEMENTS 405878'7 f'�I.r r X11 r.1 I Ah 9:66 FILEU DISTRICT COURT FOURTH JUDICIAL DISTRICT FINAL CERTIFICATE iCondemnation No. C -1212' Parcel 2 t By authority of Minn. Stat. 117.205(1971), Dorsey, 24arquart, Windhorst, West & Halladay, 2400 Firsl (National Bank Building, Minneapolis, Minnesota 55402, attorneys for the V lage of Edina, hereby certify that the lands herein described have been I ken by the Village of Edina in eminent domain proceedings for public treet and utility purposes in con- formity with requirements of Chapter 11.7 of said Statutes as amended; Com- missioners were duly appointed by the ' ourt to ascertain and report the amount of damages sustained by the seN ral owners on account of such taking; said Commissioners qualified, and such damages as to Parcel No..2; all and Partial Report as to Parcel No. 2 d filed their Partial Report of ges as determined by said Award been paid to the owners thereof; the proceedings for the taking of sai ,ands are now complete; and said Village of Edina further certifies th tfsaid lands are situate in Hennepin County, Minnesota, and are legally Permanent easement for road All that part of the East 1 Northeast 1/4 of the Southwest 1 28, Range 24, according to the U Survey thereof, lying Easterly o 60 feet Westerly of the followin Beginning at the point of t line of said Southwest 1/4 Avenue South as shown on an YORKTOWN, according to the nepin County, Minnesota; th tension of said center line minating. ibed as follows, to -wit: d utility purposes: of the West 1/2 of the of Section 32, Township ed States Government line parallel with and escribed line: intersection of the North h the center line of York edicated by the plat of orded plat thereof, Ilen- e Southerly along an ex- 32.47 feet and there ter- f r.. _ .. , •...+war. ' t State Deed Transfer Tax due �ereon: None. y,. Dated at Minneapolis, Minnell,ta, this day of December, 1973. DORSEY, RQUART, WINDHORST, WEST & HALLADAY By John M. Mason 2400 h t National Bank Building; Minn po is, Minnesota 55402 Tele lone: 612- 340 -2906 Atto l!eys for Village of Edina The above Final Certificate 'iIs hereby approved this / &ay of December, 1973. Y,TATEAf &!NFSb; �fl�p�y{OfYtItJNfPitt r, Jude of said District Court Cert�fredP +Me a true"+d'catect cbpy}of the g original on me `anir`,of reeor4 it+ 3n , bfYi¢c . aC 1? 3 Core GERALD R. NELSON, clerk aff.strrrt tt r aw+ 1694 4058787 DEC1 1•73 8 7 8 7 082.00 -84 6 OFIrICE OF REGISTER OF DEEDS STATE OF MINNESOTA COUNTY OF HENNEPIN I Hereby certify that the within instrument was filed for record in this office on the -.7A da of DEC A.D. 7973 at 'i _S- o'aoc M., and was duly recorded in book 6of Hennepin County Rgcords page 4058787 RLWSfER OF DEEDS BY i'�=ce Olt' x DEPUTY REGISTER OF .DEEDS. 14 c rX 3�k 33 Order No 623899 No. , It IMPLETE TITLE SERVICE Abstract of Title TITLE INSURANCE TO ESCROW SERVICE ABSTRACTS OF TITLE Part of Section 32, SEARCHES FOR TAXES, Township 28., Range 24.. JUDGMENTS IN STATE AND FEDERAL COURTS, BANKRUPTCY PROCEEDINGS M SPECIAL ASSESSMENT SEARCHES z (n CHATTEL MORTGAGE ABSTRACTS C FEDERAL TAX LIEN SEARCHES IN This certifies the within statement from D FEDERAL COURT, THIRD DIVISION No. 1 to 101' inclusive, to be a correct 5. Z RECORDING SERVICE Abstract of Title to land described in No. One Q M REGISTERED PROPERTY ABSTRACTS therein as appears of record in the Real Estate Division of o C7 the office of the Register of Deeds in Hennepin County, 0 Minnesota, including Taxes according to the general tax Dbooks of said County. so O Z Dated August- 7 , 19 7 a.m. P -378 Q w p ,'� Newlands — .Key. 29. . Tit surance Company Minnesota 0 - By sistant Secretary Z Z �► NRe Dorsey, Marquart etal O A W \t Deliver to AN nk Ma TITLEINSURANCE COMPANY OF MINNESOTA `r TITLE INSURANCE BUILDING MINNEAPOLIS, MINNESOTA 55401 t Telephone 332 -51 1 1 Area Code 612 Lj i CONVERSION TABLES Rods Feat I ! da Feet Rods Feet Rods Feet Rods Feet . Rods Feet Rods Feet Rods Foot Rods Feet Reds Foot 1 16.6 11 181.5 21 346.5 31 511.5 41 676.5 51 841.6 61 1006.5 71 1171.5 91 1386.6 91 1501.5 2 83.0 1 198.0 22 863.0 32 528.0 42 693.0 52 868.0 62 1023.0 72 1188.0 82 1868.0 92 1518.0 8 49.6 1 214.5 23 379.5 33 544.5 43 709.5 53 874.5 63 1039.6 73 1204.5 83 1369.5 93 1634.5 4 66.0 1 231.0 24 396.0 34 561.0 44 726.0 64 891.0 64 1056.0 74 1221.0 84 1386.0 94 1551.0 5 82.6 1 247.6 25 412.5 35 577.5 45 742.5 55 907.5 65 1072.5 75 1287.5 85 1402.5 95 1567.5 6 99.0 1 264.0 26 429.0 36 $94.0 46 759.0 56 924.0 66 1089.0 76 1264.0 86 1419.0 96 1684.0 7 115.5 1 280.5 27 445.6 37 610.5 47 775.6 57 940.5 67 1105.6 29 77 1270.6 87 1435.5 97 1600.5 8 132.0 1 297.0 28 462.0 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 29 478.6 39 643.5 49 808.5 59 973.5 69 1138.5 79 1303.5 89 1468.5 99 1633.5 10 165.0 20 330.0 30 495.0 40 660.0 60 826.0 60 990.0 70 1155.0 80 1320.0 90 1485.0 100 1650.0 Rode to feet from 1 to 100 Chaim Foot s Feet Chains Foot Chains Feat Units Feet Linb Feet IAN" Foot � I Lints Feet Unto Feet 1 66 11 726 21 1386 31 2046 1 .66 11 7.26 21 13.86 31 20.46 41 27.06 2 132 12 792 22 1452 82 2112 2 1.32 12 7.92 22 14.52 32 21.12 aft 27.72 8 198 13 858 23 1518 33 2178 3 1.98 13 8.58 23 15.18 33 21.78 48 28.88 4 264 14 924 24 1584 34 2244 4 2.64 14 9.24 24 15.84 34 22.44 44 29.04 6 830 5 990 25 1650 35 2310 5 3.30 16 9.90 25 16.50 35 23.10 45 29.70 6 896 6 1056 26 1716 36 2376 6 8.96 16 10.66 26 17.16 88 23.76 46 80.86 7 462 7 1122 27 1782 37 2442 7 4.62 17 11.22 27 17.82 37 24.42 47 31.02 8 528 8 1188 28 1848 38 2508 8 5.28 18 11.88 28 18.48 88 25.08 48 31.68 9 594 9 1254 29 1914 39 2574 9 6.94 19 12.64 29 19.14 39 25.74 49 82.84 10 660 0 1820 80 1980 40 2640 10 6.60 20 13.20 30 19.80 40 26.40 50 83.00 Ch 'no to feet from 1 to 40 Links to feet from 1 to 50 A SECTION OF LAND - 640 ACRES N_W,CUR. a. - t9ZIMR. TABLE OF MEASUREMENTS p Noco to CHAINS F 09e liokequals 7.92 ittehes, Otte rod equals 165 ft. or 251inks, Ope chair) equals 66 ft, 100lks,or 4rods, Otte rpile equals 5280ft,320rds,or 80chs, Otte square rod cootaitts 272.15 sq. ft, Orle acre contaips 43560s44ft.160sq.rds,orl0sq.0s. A side of at) acre equals 2011.71 feet 120 AC - w Q s Q xowos. IO AC NW soncaes NE4* Ma 0 S 4 0 ACRES e CENT R of b CHAINS IAILM t SECTIONAL MAP OF LIMA A TOWNSHIP WITH SEC ON LINE ADJOINING SECTIONS 30 31 32 331 34 35 36 r 31 5 4 3 2 1 6 6 t ,12 7 8 9 t0 II 7 � 1 160 ACRES ;13 18 18 1 [24 x 0 So E.14 4 US t4 2 2 ;14 19 111 29 28 17 26 .25 30 25 30 36 31 36 31 ; I 32 3i 34 35 5 4 3 2 .I 16 1 l6 wu� awm+ 5 0"', - COOL roptm mo. 25 TITLE INSURANCE COMPANY OF MINNESOTA r- -- 3e I I / I 1 12 � 24 zs 3G Minneapolis, Minnesota I 1 1 1 1 / 1 6 1 5 1 4 1 1 1 I I J-- 1 t---- 1 - - -1— --- i' - --I— — --- - -i - -� ABSTRACT OF TITLE 1. —TO— The East Half of the West Half of Northeast 1/4 of Southwest 1/4 of Section 32, Township 28, North Range 24 West of the 4th principal meridian. 8o RDOS /o CN41i15 937; S AM A rod is 16% feet. A chain is 66 feet or 4 rods. Za Aelf9s 4oR0O5 A mile is 320 rods, 80 chs., or 5,280 ft. A square rod is 272 square feet. An acre contains 43,560 square feet. An acre contains 160 square rods. 80 ACRES dbo Fn / CNyNs An acre is about 208Y4 feet square. 40 chains, 160 rods or 2,640 feet. 4o Aceas 31 32 i 33 1 34 1 35 3G 8I ' ► 1 I zo orWA /NS sZ0 Fr. 3 2 / G I ' - - - -i� -- - - -L -- -- - -- — 7 8 9 ; /o ; /i ; /Z I I I /8 17 /G IS i At 13 I /8 - - -� — — +--- I - - - -T' 4 - -- - - --I Ste`• /9 Zo 1 Z/ 22 Z3 i 24 /9 i /4* AC&S-V ,30 29 I Z d 27 - - -�- - - -I - - - - - - -�- - - -,- - - - - - - -1 3i 3Z i 33 ; 34 35 1106 a/ ' I ► 1 .Ro G�S/A /Ns I 1 1 1 1 / 1 6 1 5 1 4 1 1 1 I I J-- 1 t---- 1 - - -1— --- i' - --I— — --- - -i - -� ABSTRACT OF TITLE 1. —TO— The East Half of the West Half of Northeast 1/4 of Southwest 1/4 of Section 32, Township 28, North Range 24 West of the 4th principal meridian. 0 The following certificates appear appended to the plot shown below, which plat was filed fox= record in the office of the Register of Deeds, Hennepin. County, Minnesota, on April 30, 1932 at 8;30 o'clock A.M. , as Document No. 1681"Ir038 and was recorded in Book of Govt. Survey Plats, page 20. "The above Map of Tovniship No. 28 North, Range No. 24 West of the 4th Principal Meridian, Minnesota is strictly conformable to the field notes of the survey thereof on file in. this Office, which have been examined and a poroved. Surveyor General's Office. Warner Lewis Dubuque, Feby. 27th 18j4 Surr.Genl." "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 Office. (The Great Seal of the Mike Holm, Seely of State State of ' Minnesota) St. Paul,114inn..Aug.31stl931. K 2 . 7o wnsh ip .N'9 28 N Ra nge .N° ? 4 W 4 t-h Me r. D d F. s F of w' G N V I 4 I 4`�_^ >i4/ 3.73ZI •i71Z c.).77 S4ip 'ACV -4-X .AZJ 3:"'JJ `.i'cX J7J7� J.ZiB 37S/ ,1761 J'77, S'63 J7•.G 31 376J� `�•�..�.•- 4.i7r1 —• se \t - C 'CC , ec ✓° J 7 r 5/ s 3 4 : Se 2. Sc J .1. od o3m . s 60 (J ri3c ' A ISO. A so. A� ° >.., A.150 A.160. t AIR rls.,l 2y38 h .ftsao xso A ISO 4 RICE 4700 Pz trR/ . -ryJ � r � • J 1,OM','. tv1 : _ e •. LAKE taT,�t . s�6o • . s�uw,vs � CA �• /3. Se..ift S 17. z ! .I6. 5ee l5 e .. 29 _ c • E ; 41.19 16'O. T L-1 ' eFz ,.t37v I •� I cs' C d: a .v. a 't 3 65K ? 1!n . sirs �y� Q' •�, v l 4ea�. y eais� 4507 Jz34 '7lA5 .......... .. .x8z o • j , foo - • • Q AI6J. , 4szr r � sJ�,.osR Se 18 Ss 20 .Sec Z 1604ZZT Y30 IAZ6� n QV ' X535 "\ A.1 0. ti ��1 n z 1— re• T�� 6i R1 1-17 lAKMOTHE,7 E. 4 �� t fllir7 4 `5 :sv� .irxiola ,rs`.t9 1.'..•r - - 'l -- ` 7 ... 9. r -.X Xls�t: 1�.:: Y .. 7 - '� 3 �. � lii.!'• l,. C'-• S3 I ••. I7S \ A-00 q •? J -:o 3SZ0 I \ S ^s0 J 060.0.. � 7 46./� - } C _ -' �. " • +T fzFV w000:ti 3 x� 64180 40so vl ' a 6i n`i .7G3 Yn'. J• *5.r _ -.. T •r7 9G .r/'Ii rl.Itd _�3�.. —. i SM LAKE IC42 N 9S >S7o•, 4% Yi ;' _- -. -., v. �� +bl ` M ,... I� e 'aiBitiy• .t Z o ? 3C.x1 /S6 oo 6 'a's I07J 4,S'iL •� Se 32 4..31. _• �-rs v Jr3.�o 41di Z _�,? ' _. —..�. ^� .�_S,�` P. d. � ...,... Ter• .Y v V or E L 1 of a r � Scde. 10 Cnn.,.r 3. 5. 0 United States To Washington Getchell 0 Entry No. 1313 Dated October 25, 1855 Land Office Records, page 15 The South 1/2 of the Northwest 1/4 and the Northeast 1/4 of the Southwest 1/4 of Section 32, Township 28, Range 24, containing 120 acres. R. P. Russell, Receiver Receipt in Full To Dated October 25, 1855 Washington Getchell Filed -- Book B of Deeds, page 385 For: $200.00 The South 112 of the Northwest 1/4 and the Northeast 1/4 of the Southwest 1/4 of Section 32, and the Southeast 1/4 of the Northeast 1/4 of Section 31, all in Township 28, Range 24. United States of America To Washington Getchell 1/4 and the Northeast 1/4 of the Southwest Southeast 1/4 of the Northeast 1/4, Section containing 160 acres. Certified Copy of Patent Dated April 2, 1857 Filed January 14, 1886 Book 181 of Deeds, page 577 The South 1/2 of the Northwest 1/4, Section 32, and the 31, Township 28, Range 24, United States Patent 6. To Dated April 2, 1857 Washington Getchell Filed January 11, 1888 Doc. No. 37048 Book 246 of Deeds, page 220 The South 1/2 of the Northwest 1/4 and the Northeast 1/4 of the Southwest 1/4, Section 32; the Southeast 1/4 of the North- east 1/4 of Section 31, Township 28, Range 24, containing 160 acres. Washington.Getchell, Warranty Deed Mary Getchell, wife Dated November 15, 1855 7. To Filed -- Weston Merritt, Book C of Deeds, page 446 David W. Campbell, Consideration $300.00 Alexander Campbell, The South 1/2 of the Northwest Francis C. Campbell 1/4 and the Northeast 1/4 of the Southwest 1/4, Section 32 and the Southeast 1/4 of the Northeast 1/4, Section 311 Township 28, Range 24, containing 160 acres. And it is hereby agreed between second parties that Weston Merritt owns and is hereby entitled to undivided 1/2 of above described land and that David W. Alexander and Francis C. Campbell the remaining undivided 1/2 of said land. r-, u Weston Merritt Sarah P. Merritt, wife David W. Campbell Margaret Campbell, wife Alex Campbell Caroline Campbell, wife Francis C. Campbell 8. To John McCabe H. F. King 9. To Whom it Concerns Doc. No. 52636 John McCabe 10. To Weston Merritt David W. Campbell Alexander Campbell and Francis C. Campbell D. W. Campbell Alexander Campbell F. C. Campbell Weston Merritt 11. To John McCabe In the Matter of the Estate 12. of John McCabe, deceased • Warranty Deed Dated October 14, 1867 Filed October 24, 1867 Book 15 of Deeds, page 604 Consideration $900.00 The South 1/2 of the Northwest 1/4 and the Northeast 1/4 of the Southwest 1/4, Section 32; and the Southeast 1/4 of the Northeast 1/4, Section 31, all in Township 28, Range 24, containing 160 acres. Affidavit Dated June 12, 1888 Filed June 16, 1888 Book 37 of Misc., page 296 That Francis C. Campbell was unmarried when he executed deed in Book 15 of Deeds, page 604, dated October 14, 1867. Mortgage Dated October 14, 1867 Filed October 24, 1867 Book 4 of Mtgs., page 414 To secure $400.00 Satisfaction of Mortgage Recorded in Book 4 of Mtgs., page 414 (See #10) Dated June 20, 1867 Filed July 28, 1868 Book 6 of Mtgs . , page 394 Probate Court, Hennepin County, Minnesota Certified Copy of Will and Probate Thereof Dated November 26, 1878 Codicil December 21, 1878 Filed January 20, 1880 Book 9 of Misc., page 382 (For full particulars see record) 0 0 In the Matter of the Estate In Probate Court 13. of Hennepin County John McCabe, deceased Certified Copy Decree of Distribution Dated February 16, 1880 Filed February 21, 1880 Book 83 of Deeds, page 443 Debts paid. Widow of deceased desires to occupy and possess her interest in real estate of deceased in common with heirs of deceased. Assigns the South 1/2 of the Northwest 1/4 of Section 32, Township 28, Range 24; the Northeast 1/4 of the Southwest 1/4 of Section 32, Township 28, Range 24; (Other properties not in question not shown): To Harriet McCabe, his wife, 1/3 of above real estate for life to be held in common with Merriam McCabe, his son. To his son, Merriam McCabe, the whole of above real estate in fee, subject to life estate in 1/3 thereof of Harriet McCabe (widow) as per will. M. McCabe 14. To Arthur N. Jordan Merriman McC. -- Melinda J. McCabe, wife 15. To Arthur N. Jordan Merriman McCabe Melinda J. McCabe, wife 16. To Arthur N. Jordan Agreement for Warranty Deed Dated June 3, 1885 Filed June 3, 1885 Book 23 of Misc., page 232 Consideration $500.00 The Northeast 1/4 of the Southwest 1/4, Section 32, Township 28, Range 24. Warranty Deed Dated July 17, 1885 Filed December 7, 1885 Book 179 of Deeds, page 41 Consideration $2,500.00 The Northeast 1/4 of the Southwest 1/4, Section 32, Township 28, Range 24, Signs: Merriman McCabe in body and acknowledgment. Warranty Deed Dated July 17, 1885 Filed February 25, 1886 Book 179 of Deeds, page 202 Consideration $7,500.00 The Northeast 1/4 of the South- west 1/4, Section 32, Township 28, Range 24. 0 Harriet McCabe, widow 17. To Arthur N. Jordan Southwest 1/4, Section 32, Township 28, Also meaning and intending to sell and undivided 1/3 of above described land. • Quit Claim Deed Dated July 17, 1885 Filed December 7, 1885 Book 181 of Deeds, page 241 Consideration $1,000.00 The Northeast 1/4 of the Range 24, Town of Richfield. convey my life estate in an Charles I. Fuller, unmarried Edward M. Nesmith Ida E. Nesmith, wife 22. To Arthur N. Jordan Mortgage Dated January 27, 1887 Filed February 26, 1887 Book 176 of Mtgs., page 525 To secure $4,000.00 Arthur N. Jordan, Mortgage unmarried Dated April 13, 1886 18. To Filed April 16, 1886 T. E. Penney Book 155 of Mtgs., page 590 To secure $1,000.00 T. E. Penney Assignment of Mortgage 19. To Recorded in Book 155 of Mtgs., Mary E. Gough page 590 (See No. 18) Dated April 23, 1886 Filed June 5, 1886 Book 163 of Mtgs., page 342 Consideration $1,000.00 Mary E. Gough Satisfaction of Mortgage 20. To Recorded in Book 155 of Mtgs., Arthur N. Jordan page 590 (See #18) Dated February 7, 1887 Filed February 26, 1887 Book 204 of Mtgs., page 107 Arthur N. Jordan, unmarried Warranty Deed 21. To Dated January 27, 1887 Charles I. Fuller Filed February 26, 1887 Edward M. Nesmith Book 217 of Deeds, page 500 Consideration $8,000.00 The Northeast 1/4 of the Southwest 1/4, Section 32, Township 28, Range 24. Subject to lease for 1887 Charles I. Fuller, unmarried Edward M. Nesmith Ida E. Nesmith, wife 22. To Arthur N. Jordan Mortgage Dated January 27, 1887 Filed February 26, 1887 Book 176 of Mtgs., page 525 To secure $4,000.00 • Arthur N. Jordan 23. To Elizabeth M. Shuey Doc. No. 11761 Elizabeth M. Shuey 24. To Arthur N. Jordon Doc. No. 127406 Arthur N. Jordan 25. To Charles M. Jordan Doc. No. 123665 same. To satisfy and release mortgages, notes, debts, etc. compromise actions at law. To that first party might do. Arthur N. Jordan Chas. M. Jordan his attorney in 26. To Helen R. Wilson Doc. No. 126630 Helen R. Wilson 27. To Arthur N. Jordan Doc. No. 169312 r1 u Assignment of Mortgage Recorded in Book 176 of Mtgs., page 525 (See #22) Dated June 17, 1887 Filed June 18, 1887 Book 201 of Mtgs., page 114 Consideration $770.00 Assignment of Mortgage Recorded in Book 176 of Mtgs., page 525 (See #22) Dated August 7, 1890 Filed August 12, 1890 Book 301 of Mtgs . , page 450 Consideration - -- Power of Attorney Dated November 5, 1889 Filed July 1, 1890 Book H of Powers, page 48 To sell any real estate now owned or which may hereafter be acquired. To mortgage judgments, mortgages, etc. To assign To commence, prosecute, defend or do all things in and about property Assignment of Mortgage Recorded in Book 176 of Mtgs., fact page 525 (See #22) Dated July 31, 1890 Filed August 2, 1890 Book 301 of Mtgs . , page 439 Consideration - -- Assignment of Mortgage Recorded in Book 176 of Mtgs., page 525 (See #22) Dated February 20, 1892 Filed March 4, 1892 Book 353 of Mtgs., page 375 Consideration $2,000.00 0 Arthur N. Jordan by Charles M. Jordan, attorney 28. To Charles I. Fuller etal Doc. No. 169345 Arthur N. Jordan 29. To Charles I. Fuller Doc. No. 286365 Edward M. Nesmith Ida E. Nesmith, wife 30. To Charles I. Fuller In the Matter of the Incorporation 31. of Village of Edina Doc. No. 69940 In the Matter of the Petition for Incorporation 32. of Village of Edina Doc. No. 69984 0 Partial Release of Mortgage Recorded in Book 176 of Mtgs., page 525 (See #22) Dated March 2, 1892 Filed March 4, 1892 Book 323 of Mtgs., page 400 Consideration $1,000.00 Satisfaction of Mortgage Recorded in Book 176 of Mtgs., page 525 (See #22) Dated September 15, 1898 Filed November 29, 1898 Book 486 of Mtgs., page 211 Warranty Deed Dated March 28, 1887 Filed March 31, 1887 Book 220 of Deeds, page 297 Consideration $1+,000.00 Undivided 1/2 of the Northeast 1/4 of the Southwest 1/4, Section 32, Township 28, Range 24. Subject to Mortgage of $4,000.00 Petition Dated October 27, 1888 Filed December 17, 1888 Book 40 of Misc., page 106 Includes land in No. 1 Etc. Petition Dated October 27, 1888 Filed December 17, 1888 File 504 Includes land in No. 1 Etc. 11 • In the Matter of the Incorporation Petition 33. of Dated October 27, 1888 The Village of Edina Notice of Election, Nov. 9, 1888 Doc. No. 69985 Filed December 17, 1888 File No. 504 Includes land in No. 1 Etc. United States of America Patent 34. To Dated May 15, 1855 Duportal Seymour Fitch Filed - -- Book C of Deeds, page 669 The South 1/2 of the Southwest 1/4, Section 32, Township 28, Range 24; also the North 1/2 of the Northwest 1/4, Section 5, Township 27, Range 24, containing 146.87 acres. (Shown for Reference) In the Matter of the Estate Probate Court, Hennepin 35. of County, Minnesota Duportal S. Fitch, Deceased Decree of Distribution Doc. No. 80328 Dated April 15, 1889 Filed April 16, 1889 Book 262 of Deeds, page 264 All debts paid. Emily L. Fitch, widow, Hayden S., Roderick D., Edwin D., Charles H. Fitch, children and sole heirs. Real Estate: Lot 5, Except South 26 rods of the West 18 rods, Section 28, Township 28, Range 24, containing 35 1 /10 acres; Also that part of Lot 6 North of public road and West of Grass Lake in Section 28, Township 28, Range 24, containing 45 /100 of an acre, being the homestead; Also the West 29.13 acres of the Southeast 1/4 of the Southwest 1/4, Section 32, Township 28, Range 24, Also the-East 1/2 of the Southwest 1/4, Section 32, Township 28, Range 24, containing 20 acres: Also the North 1/2 of the Northwest 1/4 except the East 21 3/4 rods, Section 5, Township 27, Range 24, containing 57.67 acres. Real Estate Assigned: To widow 1/3 of above described property, except first and second which is the homestead and to which she is entitled for life and to each of said children the homestead in fee share alike, subject to life estate of widow, and an equal undivided 116 of the remainder of said estate; being an undivided 1/4 each in the homestead and equal undivided 116 of the balance each. Charles I. Fuller, unmarried 36. To David C. Cowan Doc. No. 44578 Warranty Deed Dated March 8, 1888 Filed April 6, 1888 Book 254 of Deeds, page 109 Consideration $3,500.00 East 1/2 of the West 1/2 of Northeast 1/4 of Southwest 1/4 Section 32, Township 28, Range 24. Subject to a Mortgage of $1,000.00 recorded in Book 176 of Mtgs., page 525. 0 David C. Cowan and Julia Cowan, wife 37. To Elizabeth H. Underwood Doc. No. 169346 Elizabeth 38. To David C. Doc. No. H. Underwood Cowan 320241 0 Mortgage Dated March 1, 1892 Filed March 4, 1892 Book 365 of Mtgs., page 116 To secure $750.00 Satisfaction of Mortgage Recorded in Book 365 of Mtgs., page 116 as Doc. No. 169346 (See #37) Dated December 27, 1900 Filed January 9, 1901 Book 467 of Mtgs., page 393 Security Land and Articles of Incorporation Investment Company Dated December 4, 1886 39. To Filed December 11, 1886 Whom it Concerns Book 28 of Misc., page 504 Term: 30 years,' from Jan. 1, 1887 W. W. Conner Affidavit 40. To Dated May 2, 1887 Whom it Concerns Filed May -, 1887 Doc. No. 4603 Book 32 of Misc., page 32 That he is the Secretary of Security Land and Investment Company, and that he was present at meeting held March 5, 1887. That at said meeting the President and Secretary of said corporation were authorized to sign the corporate name and attach the corporate seal of said corporation to all conveyances and contracts under seal, and that following minutes were spread upon the records of said corporation by this affiant as secretary thereof, "On motion conveyances and all contracts under seal made by this corporation shall be signed by the President or in his absence by the Vice President and shall be attested by the Secretary ". Paul E. Von Kuster Affidavit 41. To Dated August 15, 1902 Whom it Concerns Filed August 15, 1902 Doc. No. 350385 Book 92 of Misc., page 33 That he is the Secretary of the Security Land & Investment Company and that at a meeting of the stockholders of said corporation held April 28, 1902, a motion made to substitute a new set of by -laws in place of this then in existence was adopted in place of the by -laws originally in existence and Articles 10 of said newly adopted by -laws provides: "All instruments executed by the corporation which require the corporate seal shall be signed by the President or Vice President, either of whom are authorized to execute all instruments and convey- ances and at a meeting of the board of directors of said corporation (Continued) (Entry No. 41 Continued) held May 8, 1902, the following resolution was Adopted: "Resolved that the President or Vice President is authorized at any time to sell and convey by Warranty Deed or otherwise on behalf of this corporation any and all real estate owned by this corporation, or which it may hereafter acquire, and hereby ratifying and confirming any and all sales and conveyances heretofore made by the President or Vice President in behalf of said corporation. That above quoted part of the by -laws and above quoted resolution are in existence at present time. David C. Cowan and Julia Cowan, wife 42. To Security Land and Investment Company Doc. No. 376812 Security Land and Investment Company 43. To John H. Holt Doc. No. 790414 John H. Holt and Rose Holt, wife 44. To Citizens State Bank of Minneapolis Doc. No. 801834 Citizens State Bank of Minneapolis 45. To J. P. Williams Doc. No. 826147 Warranty Deed Dated November 4, 1903 Filed November 12, 1903 Book 580 of Deeds, page 176 Consideration $250.00 41' East 1/2 of the West 1/1r' of the Northeast 1/4 of the South- west 1/4 of Section 32, Township 28, Range 24. Warranty Deed Dated February 15, 1916 Filed February 17, 1916 Book 791 of Deeds, page 523 Consideration $1,250.00 East 1/2 of West 1/2 of Northeast 1/4 of Southwest 1/4 Section 32, Township 28, Range 24 containing 10 acres more or less. Subject to liens, taxes etc. accrued since July 13, 1910. Mortgage Dated May 19, 1916 Filed May 22, 1916 Book 924 of Mtgs., page 122 To secure $700.00 Assignment of Mortgage Recorded in Book 924 of Mtgs., page 122 (See #44) Dated November 20, 1916 Filed November 21; 1916 Book 940 of Mtgs., page 303 Consideration $700.00 0 J. P. Williams 46. To John H. Holt and wife Doc. No. 930810 John H. Holt and Rose G. Holt, wife 47. To Harriet State Bank of Minneapolis Doc. No. 868574 Harriet State Bank of Minneapolis 48. To John H. Holt and wife Doc. No. 907729 John H. Holt and Rose Holt, husband and wife 49. To The Minneapolis Savings and Loan Association Doc. No. 930811 The Minneapolis Savings and Loan Association 50. To John H. Holt and wife Doc. No. 984472 John H. Holt and Rose Holt, husband and wife 51. To The Minneapolis Savings and Loan Association Doc. No. 984474 r] Satisfaction of Mortgage Recorded in Book 924 of Mtgs., page 122 (See #44) Dated May 28, 1919 Filed June 6, 1919 Book 1039 of Mtgs., page 347 Mortgage Dated October 20, 1917 Filed October 23, 1917 Book 988 of Mtgs., page 119 To secure $250.00 Satisfaction of Mortgage Recorded in Book 988 of Mtgs., page 119 (See #47) Dated October 24, 1918 Filed October 29, 1918 Book 985 of Mtgs., page 245 Mortgage Dated May 12, 1919 Filed June 6, 1919 Book 1010 of Mtgs., page 187 To secure $2,000.00 Satisfaction of Mortgage Recorded in Book 1010 of page 187 (See #49) Dated June 18, 1920 Filed June 21, 1920 Book 958 of Mtgs., page Mtgs., M Mortgage Dated June 18, 1920 Filed June 21, 1920 Book 1098 of Mtgs., page 204 To secure $2,500.00 i • The Minneapolis Savings Satisfaction of Mortgage and Loan Association Recorded in Book 1098 of Mtgs., 52. To page 204 (See #51) John H. Holt and wife Dated November 5, 1921 Doc. No. 1054107 Filed November 9, 1921 Book 980 of Mtgs., page 205 John H. Holt and Mortgage Rose Holt, husband Dated November 5, 1921 and wife Filed November 9, 1921 53. To Book 1136 of Mtgs., page 205 The Minneapolis Savings To secure $2,500.00 and Loan Association Doc. No. 1054108 The Minneapolis Savings Satisfaction of Mortgage and Loan Association Recorded in Book 1136 of Mtgs., 54. To page 205 (See #53) John H. Holt and wife Dated April 13, 1922 Doc. No. 1076652 Filed April 17, 1922 Book 980 of Mtgs., page 296 John H. Holt and Mortgage Rose Holt, husband Dated April 13, 1922 and wife Filed April 17, 1922 55. To Book 1163 of Mtgs., page 120 The Minneapolis Savings To secure $2,700.00 and Loan Association Doc. No. 1076653 The Minneapolis Savings Satisfaction of Mortgage and Loan Association Recorded in Book 928 of Mtgs.,\% 56. To page 158 (See #55) John H. Holt and wife Dated December 18, 1923 Doc. No. 1188694 Filed December 19, 1923 Book 928 of Mtgs., page 158 John H. Holt and Mortgage Rose Holt, husband Dated December 18, 1923 and wife Filed December 19, 1923 57. To Book 1308 of Mtgs., page 231 The Minneapolis Savings To secure $2,700.00 and Loan Association Doc. No. 1188695 11 The Minneapolis Savings and Loan Association 58. To John H. Holt and wife Doc. No. 1300790 John H. Holt and Rose Holt, wife 59. To The Minneapolis Savings and Loan Association Doc. No. 1300791 The Minneapolis Savings and Loan Association 60. To John H. Holt and wife Doc. No. 1461258 John H. Holt and Rose Holt, wife 61. To The Minneapolis Savings and Loan Association Doc. No. 1461259 62. The Minneapolis Savings and Loan Association To John H. Holt and wife Doc. No. 1598093 John H. Holt and Rose Holt, wife 63. To The Minneapolis Savings and Loan Association Doc. No. 1598094 • Satisfaction of Mortgage Recorded in Book 1308 of Mtgs., page 231 (See #57) Dated August 27, 1925 Filed August 28, 1925 Book 1453 of Mtgs., page 22 Mortgage Dated August 27, 1925 Filed August 28, 1925 Book 1415 of Mtgs., page 311 To secure $2,700.00 Satisfaction of Mortgage Recorded in Book 1415 of Mtgs., page 311 (See #59) Dated December 27, 1927 Filed January 3, 1928 Book 1491 of Mtgs., page 230 Mortgage Dated December 27, 1927 Filed January 3, 1928 Book 1598 of Mtgs., page 262 To secure $2, 700.00 Satisfaction of Mortgage Recorded in Book 1598 of Mtgs., page 262 (See #61) Dated March 28, 1930 Filed June 18, 1930 Book 1492 of Mtgs., page 497 Mortgage Dated March 28, 1930 Filed June 18, 1930 Book 1738 of Mtgs., page 215 To secure $2,700.00 The Minneapolis Savings and Loan Association (Corporate Seal) 64. To John H. Holt and wife Doc. No. 1718191 John H. Holt and Rose Holt, husband and wife 65. To The Minneapolis Savings and Loan Association Doc. No. 1718190 The Minneapolis Savings and Loan Association (Minnesota Corporation) (Corporate Seal) 66. To John H. Holt and wife Doc. No. 1877770 John H. Holt and Rose Holt, husband and wife 67. To The Minneapolis Savings and Loan Association, of Minneapolis, Minnesota Doc. No. 1877769 The Minneapolis Savings and Loan Association (Minnesota Corporation) (Corporate Seal) 68. To John H. Holt and wife Doc. No. 2055353 • Satisfaction of Mortgage Recorded in Book 1738 of Mtgs., page 215 (See #63) Dated April 15, 1933 Filed April 17, 1933 Book 1628 of Mtgs., page 26 Mortgage Dated April 15, 1933 Filed April 17, 1933 Book 1831 of Mtgs., page 117 To secure $2,300.00 Satisfaction of Mortgage Recorded in Book 1831 of Mtgs. page 117 (See #65) Dated May 1, 1937 Filed May 4, 1937 Book 1936 of Mtgs., page 169 Mortgage Dated May 1, 1937 Filed May 4, 1937 Book 19+2 of Mtgs., page 517 To secure $2,000.00 Satisfaction of Mortgage Recorded in Book 19+2 of page 517 (See #67) Dated September 13, 19+0 Filed September 19, 19+0 Book 2030 of Mtgs., page Mtgs . , 293 0 John H. Holt and Rose Holt, husband and wife 69. To The Minneapolis Savings and Loan Association of Minneapolis, Minnesota Doc. No. 2055352 The Minneapolis Savings and Loan Association (Minnesota Corporation) (Corporate Seal) 70. To John H. Holt and wife Doc. No. 2256112 John H. Holt and Rose G. Holt, his wife 71. To Christie Holt Doc. No. 2163547 Christie Holt, single 72. To John H. Holt and Rose G. Holt his wife as joint tenants Doc. No. 2163548 John H. Holt and Rose G. Holt, husband and wife 73. To The Minneapolis Savings and Loan Association 'b,' f Minneapolis, Min 'pesota Doc. No. 2256111 Mortgage Dated September 13, 1940 Filed September 19, 1940 Book 2032 of Mtgs., page 592 To secure $2,000.00 Satisfaction of Mortgage Recorded in Book 2032 of Mtgs., page 592 (See #69) Dated October 9, 1944 Filed October 14, 1944 Book 2183 of Mtgs., page 247 Warranty Deed Dated August 4, 1921 Filed November 17, 1942 Book 1208 of Deeds, page 118 Consideration $1,00 etc. The East 1/2 of the West 1/2 of the Northeast 1/4 of the Southwest 1/4 of Section 32, Township 28, Range 24, containing 10 acres, more or less. Warranty Deed Dated August 4, 1921 Filed November 17, 1942 Book 1535 of Deeds, page 159 Consideration $1.00 etc. The East 1/2 of the West 1/2 of the Northeast 1/4 of the Southwest 1/4 of Section 32, Township 28, Range 24, containing 10 acres, more or less. Mortgage Dated October 13, 1944 Filed October 14, 1944 Book 2181 of Mtgs., page 37 To secure $1,800.00 0 The Minneapolis Savings and Loan Association (Minnesota Corporation) 74. To John H. Holt and wife Doc. No. 2706465 John H. Holt and Rose G. Holt, husband and wife 75. To The Minneapolis Savings and Loan Association of Minneapolis, Minnesota Doc. No. 27o6464 The Minneapolis Savings and Loan Association (Minnesota Corporation) (Corporate Seal) 76. To John H. Holt and wife Doc. No. 3241493 0 Satisfaction of Mortgage Recorded in Book 2181 of Mtgs., page 3.7 (See #73) Dated July 25, 1951 Filed August 2, 1951 Book 2582 of Mtgs., page 135 Mortgage Dated August 1, 1951 Filed August 2, 1951 Book 2571 of Mtgs., page 621 To secure $2,600.00 - ��- Satisfaction of Mortgage Recorded in Book 2571 of Mtgs., page 621 as Doc. No. 27o6464 (See #75) Dated June 30 , 1960 Filed July 11, 1960 Book 3194 of Mtgs., page 543 0 The Council of the Certified Copy of Amendment of Village of Edina the Ordinance of the Village of 77• To Edina, Hennepin Pounty, Minnesota Whom It Concerns Dated April 8, 1952 Doc. No. 2745385 Filed April 8, 1952, 3:45 p.m. Book 641 of Misc., page 45 The Council of the Village of Edina, Hennepin County, Minnesota, do ordain as follows: Section 1. Section III, paragraph (c) of the zoning ordinance of the Village of Edina, Hennepin County, Minnesota, passed by the council of said Village on the 25th day of May, 1931, and thereafter amended, is hereby further amended as follows: Section III (c). No land shall be platted or subdivided which, at the time of application for approval of the plat, is provided with public water and sewer connections or in which public water or sewer connections are contemplated unless such plat or subdivision meets all of the following minimum requirements: 1. Each _lot shall have a frontage on a public street-of not less than 75 feet. 2. The average minimum depth of all the lots in the proposed plat or subdivision shall be not.less than 120 feet. 3• The area of each lot in the proposed plat or subdivision shall be riot less than 8,250 square feet. No land shall be platted or subdivided which, at the time of application for approval of the plat, is not provided with public water and sewer connections and in which public water or sewer connections are not contemplated unless such plat or subdivision meets all of the following minimum requirements: 1. Each lot shall have a frontage on a public street of not less than 90 feet. 2. The average minimum depth of all the lots in the proposed plat or subdivision shall be not less than 125 feet. 3• The area of each lot in the proposed plat or subdivision shall be not less than 11,250 square feet. All lots contained in Land hereafter platted or subdivided shall have side lines as nearly as practical at right angles to the street line. Section II. This ordinance shall take effect and be in force from and after its adoption. Passed by the Village Council this 22 day of October, 1951. That the above ordinance was passed pursuant to the authority of- Minnesota Statutes, Section 171.26 et seq. and that with such regula- tions in force, by virtue of Minnesota Statutes, Section 171.29. Subdivision 2, no conveyance of land in which, the land conveyed is described by metes and bounds or by reference to a plat made after such regulations become effective which is not.aprroved as provided by statute, shall be made or recorded if the parcel described in the conveyance is less than two and 1/2 acres in area and 150 feet in width unless such parcel is a separate parcel. of record at the time of the adoption of the above ordinance or unless an agreement to convey such smaller parcel has been entered into prior to such time and the instrument showing the agreement to convey is recorded in the office of the Register of Deeds within one year thereafter. Any owner or agent of the owner of land in the Village of Edina who conveys a lot or parcel in violation of this statute shall forfeit and pay to the Village of Edina a penalty of riot less than $100.00 for each lot or parcel so conveyed and such conveyance may be enjoined. The Village Council Certified Copy Ordinance No. toy Of the Village of Edina Adopted June $, 1959 78. TO Filed April. 6, 1962 Whom It Concerns Doc. 2'0. 3340754 Book of Misc. , page An Ordinance Prescribing Pro- cedure For the Approval of Flats, Requiring Payment of a Fee and Imposing Other RequirellIents, Including the Making of Necessary Improvements in Lands Previously The Village Council of the Village of Ed.ina,�aMinnesota Ordains: Section 1. Filing Plats: Fee, All.,,plats presented for approval of the Village Council shall be filed with the Village Manager and shah_ be accompanied by payment of a plat filing fee which shall be charged by the Village for services to'be rendered by employees of the Village in processing the proposed plat. The amount of such fee shall be $25•00, plus $1.00 for each lot in the plat, but not to exceed a maximum fee of $100.00. Failure of the Council to approve the plat- shall not entitle the person who paid the fee to the return of all or any part thereof; provided, however, that the payment of such fee be required only as to plats filed after the date this ordinance becomes effective. Section 2. Street and Lot Grades; Park Dedication. Every plat of previously unsubdivided land, or replat of platted land which requires the dedication of a new street or a change in an exist- ing street, shall, not only comply with all applicable provisions of state law and the Zoning Ordinance (No. 261) of the Village, but shall also show thereon the grade of all streets and the mean grade of the front and rear lines of each lot. In every plat of land not previously stibOl .vided and to be developed for residential purposes, a portion of such land of sufficient size and character shall be set aside and dedicated to the public for public use as parks and playgrounds. Section 3. Report on Plat. The Village Manager and the Planning Commission shall examine each plat and report thereon in writing to the Council as to the following matters: (a) the accuracy of all measurements and grades shown thereon, and (b ) the suitability of the plat from the standpoint of community planning. In the case of the plats mentioned in Section 2, report shall also be made as to the following matters: (c) the adequacy of streets and conformity thereof with existing and planned streets and highways in surrounding areas. (d) the suitability of street grades in relation to the grades Of lots and existing or Future extensions of the Village's water and storm and sanitary sewer systems. (e) where dedication of such land is required, the sufficiency of. land dedicated for park and playground use, and the recommendation of the Park. Board regarding such dedication of land. ' (f) the estimated cost (including engineering and inspection ex- penses) of grading, gravelling and permanently surfacing streets, in- stalling street signs, and constructing any storm sewers which may be necessary, and { ) the estimated cost (including engineering and inspection ex- penses , of constructing sanitary sewers and water mains adequate to serve all lots in the plat, provided the connection of such sewers and watermains to the Village sewer and water systems is feasible. However, the owner of the land included in the plat, or his agent., in lieu of having the foregoing costs estimated by the Village, may employ at his expense, a registered professional engineer to prepare preliminary plans and estimates of cost of the necessary improvements and submit a written, itemized report thereof to the Village Manager. Advance notice of the employment of such engineer shall be given to tho V"i.,aaun Manager upon filing of the plat: (continued) (NO. 78 continued) Section 4. Action by Council. Upon completion of the report specified in Section 3 above, the plat and :�oort shall be transmitted to the Council for approval. The Council „ay (a) grant preliminary approval of plats mentioned in Section _2, or (b) grant final approval of other plats, or (c) refer the plat for further report to the appropriate Village officers or departments, or (d) reject the plat. Section 5. Plats Given Preliminary Approval. When preliminary approval has been given to a plat, the person who filed such plat shall cause all street, water and sewer improvements required by the report thereon to be completed, at his own expense and under the supervision of the Village Engineer, or in lieu of making such improvements, he shall sign a subdivision financing agreement and file a bond to assure per-- formance thereof. Such agreement, to be made between the person filing the plat and the Village, shall obligate the person filing the plat to repay to the Village all costs thereof, through payment of special assessments or otherwise, at least one -third in each of three years, the last payment to be made not later than December 31 of the third year from the year in which special assessments for sudh improvements are levied; provided, however, that the Village shall not be obligated to enter into such agreement if the developer does not file a bond as hereinafter described or if the Village Council determines that the Village must borrow v.,Oney to pay its costs of construction under such agreement and such borrowing will jeopardize the VillagO s credit rating. Such agreement shall. also provide that if special assessments .have: been levied for the making of such improvements against any lot in the plat and remain unpaid upon the transfer of title to such lot, they shall be paid or prepaid in full-to the Village Treasurer and the County Treasurer of Hennepin County. The bond herein required shall be given by the developer with a corporation approved by the Council as surety thereon, in the full amount of all costs of making the improvements specified in the sub- division financing agreement not paid in cash by the developer before or at the time of entering into such agreement, and shall be given for the securing to the Village the payment of all such costs within the period specified in such agreement. Section 6. Final Approval of Plat. When a plat has been given preliminary approval by the Council and the required improvements have been completed, subdivision financing agreement executed, or bond fur- nished as herein required, the Village Manager shall submit a supple- mentary report thereon with the plat to the Council for final approval. Section 7. Street Maintenance. Until a street in a plat has been completed in accordance with the plans and specifications approved by the Village, and the Village Engineer has certified as to such com- pletion, the owner shall keep such street, if used for public travel, in a safe condition for such use, at his own expense. The Village shall not be chargeable with the cost of or the responsibility for the maintenance of such street until the completion of such street has been so certified. Section 8. Application. Except as herein otherwise provided, this ordinance shall apply to all plats heretofore filed but not yet given preliminary approval by the Village Council, and to all plats hereafter filed. Section 9. Effective date. This ordinance shall be in full force and effect upon its passa e a- id ubl s • a ' g p ca,on as provided by law. The Village Council Certifies! Copy of Resolution of the Village of Edina Adopted Jan. 27, 1958 79. to Filed April 6, 1962 Whom It Concerns Book of Misc. page Doc. No. 3340756 Declaring Policy as to Approval of Plats and Conditional. Upon the Installation of Water and Sanitary and Storm Sewer Improve - ments. Resolved by the Council of the Village of Edina, Minnesota, that the policy of the Village with reference to the approval of Plats of new subdivision within the Village limits is hereby declared to be as follows: 1. No plat filed as a preliminary plat with the Planning Commis- sion after September 1, 1957, and no plat submitted to the Council for the final approval after April 10, 1958, shall be approved unless and until the person, firm or corporation submitting such plat shall have fully complied with the requirements set forth in subdivision (a) or (b) below. (a) All lateral water mains, all lateral sanitary sewers, and any storm sewer and drainage facilities and structures within the pi'atted area which are necessary to provide adequate water and sewer service and adequate drainage for such area must have been constructed and in- stalled without expense to the Village, and there shall be filed with the final plat adequate proof that all costs of such construction and installation have been paid in full. (b) In lieu.of the above, there may be filed with the plat a bond in the amount and with surety and conditions to be approved by the Council, securing to the Village the actual construction and installa- tion of said improvements without cost to the Village and within a period designated by the Council and expressed in the bond, and the payment of all costs thereof. 2. The requirements of paragraph 1 as to lateral water or sewer mains may be waived by the Council in the case of plats or subdivisions in locations to which the municipal water or sewer system is not to be extended within a reasonable time, provided that the requirements thereof relating to storm sewer and drainage facilities shall have been fully complied with, and the platted lots are of the size required to permit individual water and sewage disposal facilities to be constructed to established standards. 3. Any or all of the requirements of paragraph I may be waived by unanimous vote of the members of the Council at a meeting duly held, in the case of a replat of a previously approved subdivision which ' does not provide for a new public street and does not increase the. original number of platted lots. . 4. No plat will be approved after the date of this resolution ex- cept upon'the conditions above set forth, unless the same was filed with the Planning Commission as a preliminary plat on or before September 1, 1957, and is submitted to the Council for final approval on or prior to April 10, 19581 and, at the discretion of the Council is accompanied by a written agreement executed by the person, firm or corporation sub- mitting the plat, effective upon acceptance by the Council to pay to the Village a sum fixed by the Council, estimated to be sufficient to (continued) iEntry No-79 Continued) pay the cost of all improvements of the types described in paragraph l which the Village determines to construct and install within the sub- division; such payment to be made in cash or in installments extending over a period not exceeding three years from the time of such con - struction and installation. The Village will reserve the right to levy special assessments in an amount equal to the cost of said improve- ments, upon the properties especially benefited thereby, but payments recieved under any such agreement' will be credited by the Village against the special assessments levied therefor. The provisions of this paragraph shall in no event be construed as applying to any plats ap- proved roved b the Council prior to the date of this resolution. Village Council Certified Copy Ordinance No. 263,' Village of Edina Dated Jan. 10, 1966 80, to Filed Jan. 19, 1966 I'n'hom it Concerns Book of Misc., page Doc. No. 3588147 'gin Ordinance Constituting the Council as the Platting Authority of -the Village, Prescribing the Procedure for the Approval of Plats o(' Subdivisions, Regulating Plats and Subdivisions, and Providing For Relief in Cases of Hardship. The Village Council of the Village of Edina, Minnesota Ordains: Section 1. Platting `wthority to ipprove Plats. The ViIIage Council shall serve as the Platting ,authority of the Village in accordance with Minnesota Laws of 1965, Chapter 670, Section 8 (Minn. St., Sec. 462.35$). No plat, replat or subdivision of land in the Village shall be filed or accepted for filing by the Hennepin County Register of Deeds unless it is accompanied by a certified copy of a resolution adopted by the favorable vote of a majority of the members of the Village'Council approving such plat, replat or subdivision. Section 2. Filing Plats- Fee. All plats presented for the approval of the Village Council shall be filed with the Planning Department and shall be accompanied,by payment of a plat Filing fee which shall be charged by the Village for services to be rendered by employees of the Village in processing the proposed plat. The amount of such fee shall be $25, Plus $1 for each lot in the plat, but not to exceed a maximum fee of $100. Rejection of the plat by the Council shall not entitle the person who paid the fee to the return of all or any part t;iereof. Section 3. Plats to Comply with Law and Zoning Ordinance (a) Every plat, replat or subdivision of land shall comply with all applicable provisions of state law and the Zoning Ordinance (No. 261) of the Village. (b) Every plat of previously unsubdivided land, or replat of platted land which requires the dedication of a new street or a change in an existing street, shall also show thereon the grade of all streets and the mean grade of the Front and rear lines of each lot. Section 4. Dedication of Land for Parks. In every plat of pre- viously unsubdivided land to be developed for residential use, a reasonable portion of such land shall be set aside and dedicated to the public for public use as parks and playgrounds, but in lieu thereof the subdivider may at his option contribute to the Village an amount of cash equal to the value of the land otherwise required to be dedicated for parks and playgro +,nds. ,'ony money so paid to the Village shall be placed in a speci.�I Fund and used only for the acquisition of Iand.for parks and pl aygrot ands. Section 5. Report on Plat. The Planning Commission with the assistance of the Planning Department shall examine each plat and report and make a recommendation thereon in writing to the Council as to the following matters: (a) the acquracy of all measurements and grades shown thereon, and (Continued) 0 (Entry No' 80 continued) (b) the suitabili- ty of the plat from the standpoint of community planning. In the case of the plats mentioned in Section 3 (b), report shall also be made as to the following matters,. (c) the adequacy of streets and conformity thereof with existing and planned streets and highways in surrounding areas, W the suitability of street grades in relation to the grades of lots and ex stI nc or Fut I i 1 3 ure extensions of the Village's water and storm and sanitary sewer systems, (e) where dedication of land is required, the sufficiency of land dedicated for park and playground use, and the recommendation of the Park Board regarding such dedication of land, M the estimoted cost (includIng engineering and inspection expenses) rf grading,, c ;rc:ve i linq and permanently surfacing streets., installing street signs, and constructing any storm sewers which may be necessary, and the estimat,6 cost (IncPuc- engineering and inspection expenses) of constructing sanitary sewers and water mains adequate to serve all lots in the plat, provided that connection of such sewers and water mains to the Village sewer and water systems is feasible. However, the owner of the land -Included in the plat, or his agent, in lieu of 11,;;Yinq the forragolno costs estimated by the Village, may employ at his expense, a reqZstere6 professicnal engineer to prepare preliminary I plans and estimates oFF cost, of the necessar,� i mprov ements and submit a written, itemized report thereon to the Planning Department. Advance notice of the employment of such engineer shall be given to the Planning Department upon lFilino o4' the plat. Section 6. Public Ifearin - n. '1 t its next regular meeting after receipt of the report and recommendation of the Planning Commission on any plat, rep l�-zt or subdivision hereunder, the Village Council shall set a date iFor hearing thereon, which shall be not later than 60 days after the meeting. A notice of the date, time, place and purpose of the hearing shall be published once in the official newspaper at least ten days before the date of hearing. After hearing the oral or written views of all interested persons, the Council as the Platting Authority shall make its decision at the same meeting or at a specified future meeting thereof. It may by resolution (a) grant preliminary approval of plats mentioned in Section 3 (b), with or without modification, (b) grant Final approval of other plats, with or without mo.dificationt (c) refer the niat to the anpropriate Village officers or departments for further investigation and report to the Council at a specified future meeting ,thereof, cr (d) reje'ct the plat. Section 7. Pli ,ts---.Given Pre - i Iminary e; pn nova l. 'k,'hen preliminary approval has been given to a plat, the person who filed such plat shall cause all street, water and sewer improvements required by the resolution granting such approval to be completed, at his own expense and under (continued) (Entry No. 80 continued) ., C I the supervision of the Village Engineer, or in lieu of making such improvements, he shall sign a subdivision financing agreement and file a bond to assure performance thereof. Such agreement, to be made between the person filing-the plat and the Village, shall obligate the person filing the plat to repay to the Village all costs, thereof, through, payment of special assessments or otherwise, at least one -third in each of three years, the last payment to be made not later than December 31 of the third year from the year in which special assessments for such improvements are levied; provided, however, that the Village shall not be obligated to enter into such agreement if the developer does not file a bond as hereinafter described or if the Village Council determines that the Village must borrow money to pay its costs of construction under such agreement and such borrowing will ,jeopardize the Village's credit rating. Such agreement shall also provide that if special assessments have been levied for the making of such improvements against any lot in the plat located in the Single Family Dwelling District and remain unpaid upon the transfer of title to such lot, they shall be paid or prepaid in full to the Village Treasurer and the County Treasurer of Hennepin County. The bond herein required shall be given by the developer with a corporation approved by the CounciE as surety thereon, in the full amount of all costs of malting the improvements specified in the subdivision financing agreement not paid in cash by the developer before or at the time of entering into such agreement, and shall be given for the securing to the Village the payment of all such costs within the period specified in such agreement. Section 8. Final Approval of Plat. 1Ihen a plat has been given preliminary approval by the Council and the required improvements have been completed, or subdivision financing agreement executed and bond furnished as herein required, the Village Manager shall submit a sup - plamentary report thereon with the plat to the Council for final approval, which shall be given by resolution. Section 9. Filing Resolution. A certified copy of every resolution adopted under this ordinance granting final approval of any plat shall be filed with the Register of Deeds of Hennepin County. t,%Ihenever the plat so approved is of land within the municipality contiguous to another municipality, the resolution shall also be filed with the Clerk of such contigous municipality. Section 10. Street 1aintenance. Until a street in a plat has been completed in accordance with the plans and specifications approved by the Village, and the Village Engineer has certified as to such.completion, the owner shall keep such street, if used for public travel, in a safe condition for`such use, at his own expense. The Village shall not be chargeable with the cost of or the responsibility for the maintenance of such street until the completion of such street has been so certified. Section Ii. This ordinance may be referred to as the Platting Ordinance of the Village. Section 12. This ordinance shall be in full Force and effect upon its adoption and publication in accordance with law, including all portions (continued) n u (Entry No. gp continued) 0 of this ordinance referring to M--nnesota Laws of 1965, Chapter 670, notwithstanding that said chapter will not go into effect until January I, 1966. Section 13. Upon being made effective, a certified copy of this ordinance shall be filed with the Register of Deeds of Hennepin County. First Reading: December 20 1965. Second Reading: Waived. Adopted: December 20, 1965. (SignedS Arthur C. Bredesen, Jr., Mayor Attest: (Signed) Florence B. Hallberg, Village Clerk. Published in the Edina- Morningside Courier December 23, 1965. • • Villane Council Certified Copy Ordinance No.263A --I Village of Edina Dated 81. to Filed November 27, 1967 Whom it Concerns Book of Misc., page Doc. No. 3688232 An Ordinance Amending the Platting Ordinance of the Village by- Requiring Underground Installation of Electric and Telephone Lines The Village Council of the Village of Edina, Minnesota, Ordains: Section I. Sections 5, 6, 7, 8, 9, 10, 11 and 12 or Ordinance , No. 263A (Platting Ordinance) of the Village are hereby renumbered Sections 6, 7, 8, 9, 10, 110, 12 and 13, respectively. Section 2, Ordinance No. 263A i's hereby amended by adding thereto a new section 5 reading as follows: "Section 5. Under -round Installation of Electric and Telephone Wires All new electric distribution lines'—Fexcludinq main line feeders and high voltage transmission lines), telephone service lines, and services constructed within the confines of and providing service to customers in newly platted areas shall be installed underground unless the Council shall find, after study and recommendation by the Planning Commission, that (a) the placing of utilities underground would not be compatible with the development planned; (b) the additional cost of burying such utilities would create an undue financial hardship; or (c) unusual topographical, soil or other physical conditions make underground installation of such lines unreasonable or impratical. The platter shall submit to the Planning Commission a written instrument from each of the utilities showing that the necessary arrangements have been made with the utility for the installation of said facilities" Section 3. This ordinance shall be in full force and effect immediately upon its passage and publication. Section 4. Upon being made effective, a certified copy of this ordinance shall be filed with the Register of Deeds of Hennepin County. First Reading: October 16, 1967 Second Reading: November 6, 1967 Published in the Edina Courier November 9, 1967 (signed) Arthur C. Bredesen, Jr,, Mayor Attest: (signed) Florence B. Hallberg, Village Clerk • The Village Council of the Village of Edina, Minnesota (Seal) 82. to Whom it Concerns 0 Certified Copy Ordinance No. 801••1 Dated - Filed Dec. 181 1970 Book 70 Hennepin County 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. The _Village Council of the Village of Edina, Minnesota, Ordains: Section i. Section 4 of Ordinance No. 801 (263A) of the Village, as amended, is hereby amended to read as follows: "Sec. 4. Dedication of Land for Parks and Open Space and Dedication of Land or Easements for the Protect -ion of Natural Water Bodies. (a) In every plat, replat,'or subdivision of land for residential use a reasonable portion of such land shall be set aside as open space land for the sole benefit, use and enjoyment of present and future lot or homeowners within the play;, replzt or subdivision, and their guests, or shall be dedicated to the public for public use as parks and playgrounds. The Planning Commission shall determine which of these options is more appropriate and shall recommend to the Village of Edina one of the following procedures: (1) The open space land shall be conveyed by the tract owner or owners to a home owner's association or other similar nonprofit organization so that fee simple title sh.111 be vested in such organization, provided tlr-t suitable arrangements have been made for maintenance of said land and any buildings thereon, and provided further, that art open space easement for said land shall be conveyed to the Village to assure that open space land shall remain open, or (2) The Open space land shall be dedicated by the tract owner or owners to the general public for park and playground purposes. In lieu of setting aside or dedicating said open space, the tract owner or owners-at their option, may contribute to the Village an amount of cash equal to the value of the land otherwise required to be so set aside or dedicated. Any money so paid to the Village shall be placed in a special fund and used only for the acquisition of land for parks and playgrounds. (b) Where any plat, replat, or subdivision of land adjoins a natural lake, pond, or stream, including streams which flow only intermittently, a strip of land running along all sides thereof which are contiguous to such lake, pond, or stream, which strip shall extend from a line not less than $0 feet uplandfrom the lake, pond, or stream, as measured from the high water nark, and to and including the bed and water body of such lake, pond, or stream, shall be either(i) dedicated to the Village for public use, or (ii) subjected to a perpetual easement in favor of the Village over and in said land and the bed and water body of such lake, pond or stream for the purpose of protecting the hydraulic efficiency and the natural character and beauty of such lake, pond or stream. The Planning Commission shall determine which of'these options is more appropriate and shall recommend to the Village Council one of said options. In either case there shall also then be granted to the Village the right of ingress to and egress from the said strip of land with men, equipment and material. Also, where the easement is determined to be in the best interest of the Village, said easement shall also provide that the owners Of the area as to which such easement is granted shall not make, do, or (Continued) (Entry No. $2 continued) 0 place, any fill, grading, improvement or development of any kind on or to such easement area, or raise the level of the easement area in any away, but all such right to fill, grade, improve and develop, and to raise the level of the easement area, shall be granted by said easement to the Village." Section 2. This ordinance shall be in full force and effect upon its adoption and publication, and when effective shall be filed with the Office of the Register of Deeds, Hennepin County, Minnesota. Village Council Certified Copy Ordinance No, 801 -2 Village of Edina, Dated - -- Minnesota (Corporate Seal) Filed Dec. 18, 1970 83. 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 The Village Council of the Village of Edina, Minnesota, ordains: Section 1. Section 7 of Ordinance No. 801 (263A) is hereby amended to read as follows: "Sec. 7. Responsibility for inprovements; subdivision financing agreements. In the case of plats situated within the Single Family Dwelling District, when preliminary approval has been given to such plats, the person who filed such plat shall cause all street, water and sewer improvements required by the resolution granting such approval to be completed, at his own expense and under the supervision of the Village's Director of Public Works and Engineering, or in lieu of making such improvements, he shall sign a subdivision financing agree - ment. Such agreement, to be made between the person filing the plat and the Village, shall obligate the Village to provide engineering services and construct the improvements, and obligate such person to pay to the Village the cost of such services and construction, through payment of special assessments, which shall be payable in three annual installments, provided, however, that the Village shall not be obligated to enter into such agreement if the developer does 'riot file a bond or deposit cash in escrow as hereinafter described, or does not deliver a Letter of Credit as hereinafter described, or if the Village Council determines that the Village must borrow money to pay its costs of construction under such agreement and such borrowing will jeopardize the Village's credit rating. Such agreement shall also provide that if the developer transfers any lot or parcel in the platted area while special assessments thereon remain unpaid, they will be paid or prepaid in full to the Village Treasurer or the County Treasurer. The agreement to pay special assessments at the time of transfer shall also be set forth in a separate agreement and recorded in the appropriate office at developer's expense to give notice to all future purchasers and owners. "The bond herein required shall be given by the developer with a corporation approved by the Village Council as surety thereon, in the full amount of all costs of making the improvements specified in the subdivision financing agreement not paid in cash by the developer before or at the time of entering into such agreement, and shall be given for the securing to the Village of the payment of the special assessments. "If the developer does not file such bond, he may in lieu thereof deposit in escrow in a national or state bank having an office in the Village cash in the full amount of the unpaid improvement costs, together with instructions to the bank to pay the money to the Village to the extent of any default by the developer in the payment of the special assessments. "The Letter of.Credit herein authorized shall be delivered by the developer only if the Village Council agrees to accept it for the specific plat in lieu of such bond or cash escrow. Such Letter of Credit, if accepted, shall be from a national or state bank having an office in the Village, be for the full amount of the unpaid improvement costs, and contain provisions whereby funds will be paid to the Village upon written demand from time to tim.e of the Village to the extent of any default by the developer in the payment of the special assessments." Sec. 2. This ordinance shall be in full force and effect immediately upon its passage and publication, and when effective shall be filed with the Office of the Register of Deeds, Hennepin County, Minnesota. 0 V i 1 i age Council of the Certi r ied Copy Ordinance No.801 -A3 Village of Edina, Dated - Minnesota (Seal) Filed April 12, 1971 to Book 71 Hennepin County Records Whom it Concerns Page 3878409 An Ordinance Amending Ordinance No. 8w 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 The Village Council of the Village of Edina, Minnesota, Ordains: Section 1. Section 8 of Ordinance No. 801, as amended, is hereby amended, to read as follows: "Sec. 8. Responsibility for Improvements: Subdivision Financing Agreements. When preliminary approval has been given to a plat, the person or persons who filed such plat (herein called the "Developer" whether one or more) shall cause all street, water and sewer improvements required by the resolution granting such approval to be completed, at his own expense and under the supervision of the Village's Director of Public Works and Engineering, or in lieu of making such improvements, he shall sign a subdivision financing agreement (herein called the "Agreerent "). Such Agreement, to be made between the Developer and the Village, Was to improvements to be installed by the Developer, shall obligate the Developer to install and complete all such improvements, at h.is own expense and under the supervision and inspection of the Village's Director of Public Works and Engineering, (B) as to improvements petitioned for by the Developer to be installed by the Village, which Village installations shall be done only in plats situated within the Single Family Dwelling District, the Multiple Residences District and the Planned Residential district, shall obligate the Village to provide Engineering services and construct the improve- ments, and obligate the Developer to pay to the Village the cost of such services and construction, through payment of special assessments, which shall be payable in not more than three annual installments, and (C) as to improvements petitioned for by the Developer to be installed and assessed in accordance with the regular special assessment policies of the Village, shall provide for installation if ordered by the Village Council and assessment in accordance= with the regular policies of the Vil- lage; provided, however, that the Village shall not be obligated to enter into such Agreement 0 ) if the plat improvements required by such resolution are not allocated among the-methods at (A), (B) and (C) above in a manner satisfactory to the Village Council, or.(ii) if the Developer does not file a bond for the improvement at (A) above as hereinafter described, and, as to the improvements at (8) above, does not file a bond or deposit cash in escrow as hereinafter described, or does not deliver a letter of Credit as hereinafter described., or (iii) as to any improvements, if,the Village Council determines that the Village must burrow money to pay its costs of construction under such Agreement and such borrowing will jeopardize the Village's credit rating. The Agreement shall also provide, as to improvements at (B) above,_ that if the Developer transfers any lot- or parcel in the platted area while special assessments then levied, or to be levied based on the Village's estimate, for the improvements made pursuant to said Agreement remain unpaid, they will be paid or prepaid (Continued) (Entry No. 84 Continued) n u in full to the Village Treasurer or the County Treasurer. The agreement to pay such special assessments at the time of transfer shall also be set forth in a separate agreement and filed or recorded at the Developer's expense in the office of the Hennepin County Registrar of Titles or Register of Deeds, as the case may be, to give notice to all future purchasers and owners. "The bond herein required shall be given by the Developer with a corpo- ration approved by the Village Council as surety thereon, and, as.to improvements referred to at (A) above, shall be a performance and payment bond in at least the full amount of all contracts for the installation of such improvements, and, as to improvements referred to at (B) above, shall be in the full amount of all costs of making the improvements specified in the Agreement not paid in cash by the Developer before or at the time of entering into the Agreement and given for the securing to the Village of the payment of the special assessments. "As to improvements referred to at (b) above, if the Developer doer not file such bond, he may in lieu thereof deposit in escrow in a national or state bank having an office in the Village cash in the full amount of the unpaid improvements costs, together with instructions to the bank to pay the money to the Village upon written demand from time to time of the Village to the extent of any default by the Developer in the payment of the special assessments pursuant to the Agreement. "As to improvements referred to at.(B) above, if the Developer does not file such bond or deposit cash, he may in lieu thereof deliver a Letter of Credit to the Village. Such Letter of Credit shall be from a national or state bank approved by the Village Council, be for the full amount of the unpaid improvement costs, and contain provisions whereby funds will be paid to the Village upon written demand from. time to time of the Village to the extent of any default by the Developer in the pay- ment of the special assessments pursuant to the Agreement." ' Sec. 2. Section 9 of Ordinance No. 801 is hereby amended to read as follows: "Sec. 9. Final Approval of Plat. When a plat has been given preliminary approval by the Council and the required improvements have been completed, or subdivision financing agreement executed by the Village and the person or persons who filed such plat, and recordable. separate agreement re1ati,ng to payment of special assessments upon sale of property executed, and security furnished, all as herein required, the Village Manager shall submit a supplementary report thereon with the plat to the Council for final approval, which shall be given by resolution." Sec.3. Repealer.. Ordinance No. 801-2 is repealed. Sec.4. This ordinance shall be in full force and effect immediately upon its passage and publication, and when effective shall be filed with the office of the Register of Deeds, Hennepin County, Minnesota. C Village Council of Edina, Minnesota (Seal) 85. to Whom it Concerns Certified Copy Ordinance No.801 -A4 Dated - Filed Apr, 12, 1971 Book 71 Hennepin County Records Page 3878410 An Ordinance Amend i rig Ordinance No. 801 of the Village to Require Land or Easements for Protection of Natural Water Bodies The Village Council of Edina, Minnesota, Ordains: Section I, Subparagraph (b) of Section 4 of Ordinance 801, as amended, is hereby amended to read as follows: "(b) Where any plat, replat or subdivision of land adjoins a natural lake, pond or stream, including streams which flow only intermittently, a strip of land running along all sides thereof which are contiguous to such lake, pond, or streams, which strip shall extend from a line not less than 100 feet upland from the lake, pond, or stream, as measured from the high water mark, and to and including the bed and water body of such lake, pond, or stream, shall be either, (i) dedicated to the Village for public use, or (ii) subjected to a perpetual easement in favor of the Village over and in said land and the bed and water body of such lake, pond or stream for the purpose of protecting the hydraulic efficiency and the natural character and beauty of such lake, pond or stream, the Planning Commission shall determine: which of these options is more appropriate and shall recommend to the Village Council one of said options. In either case, there shall also then be granted to the Village the right of ingress to and egress from the said strip of land with men, equipment and material. Also, where the easement is determined to be in the best interest of the Village, said easement shall also provide that the owners of the area as to which such easement is granted shall not make, do, or place, any fill, grading, improvement or development of any kind on or to such easement area, or raise the level of the ease- ment area in any way, but all such right to fill, grade, improve and develop, and to raise the level of the easement area, shall be granted by said easement to the Village." Section 2. This ordinance shall be in full force and effect upon its adoption and publication, and when effective shall be filed with the Office of the Register of Deeds, Hennepin County, Minnesota. Village Council of the Certified Copy Ordinance No.801-A5 V i I I age -of - Ed i na, P, i nn.e--ota (sea i ) Dated 86. to Filed Apr. 12, 1971 Whom it Concerns Book 71 Hennepin County Records Page 3878411 An Ordinance Amending Ordinance No. 801 of the Village by Providing for Variances The Village Council of the Village of Edina, Minnesota, Ordains: Sec. I. Section 6 of Ordinance No. 8UIJI as amended., is further amended by adding thereto an additional paragraph reading as follows: "If a variance from the application of the regulations of this ordinance was requested by the owner or his agent, the Commission may in its report recommend granting such variance in whole or in part, but only upon a general finding that an unusual hardship on the land exists and a specific finding that (a) the hardship is not a mere inconvenience, (b) the hardship is caused by the particular physical surroundings, shape or topographical conditions of the land included in the plat, (c) the condition or conditions upon which the request for a variance is based are unique and not genet-ally applicable to other property, (d) the hardship is caused by this ordinance and not by any persons presently having an interest in the land, and (e) the granting of the variance will not be substantially detrimental to the public welfare or to other land or improvements in*the neighbor- hood of the land." Sec. 2. This ordinance shall become effective upon its passage and publication, and when effective shall be filed with the office of the Register of Deedsl Hennepin County, Minnesota. MMN V i l l aSe Council of the Village of Edina, Ainnesota (:leaf) to Whom it Concerns Certified Copy Crdinance No.3O1 -A6 Dated - Fied Sept. 22, 1971 Book 71 Hennepin County Records Page 390768 An Ordinance amending Crd i mace No. 801 of the Village to require- platting with residential rezoning, to require dedication of land or contribution of cash for Parks and Play- grounds and fop Final P 1 at Approval Procedure.. The Village Council of the Village of Edina, hinnesota, Ordains: Section 1. Section 3 of Crdinance No. 301 is hereby amended by changing the heading thereof as follows: "Sec. 3. Plats to Comply Vith Law and toning Ordinances; Plats Required for Residential Iezonings." Sec. 2. Section 3 of Ordinance No. 801 is hereby amended by adding thereto a subparagraph (d) as follows: "(d) Any land transferred from a non-residential zoning district to a residential zoning district (including the single family dwelling district), or from one residential zoning district to another residential zoning district (including, in each case, the single family dwelling district) shall be platted pursuant to and in accordance with this ordinance, in connection with and at the time of such transfer." Sec. 3. Subparagraph (a) of Section !i. of Crdinance No. 801, as amended, is hereby amended to read as follows: "(a) In every plat, replat, or subdivision of land for residential use a reasonable portion of such land, but not less than 3% thereof in area, shall be set aside and dedicated by the tract owner or owners to the general public as open space for part: and playground purposes. Provided, however, that in such plats, replats or subdivisions in excess of 36 acres, the tract owner'or owners shall have the option of contributing to the Village an amount of cash equal to the undeveloped value of the land other- wise required to be so set aside and dedicated, or to set aside and dedicate a part, of such land and to contribute the balance of such undeveloped land value in cash. Provided further, however, that in such plats, replats or subdivisions of IC acres or less, the Village shall have the option to require such cash contribution in lieu of setting aside and dedicating land or to require a mart of such land and the balance'of such undeveloped land value in cash. Land then set aside and dedicated for public part; and Playground purposes pursuant to Section S (Planned Residential District) of Crdinance Po. 811 may be considered as set aside and dedicated under this Crdinance No. Sol to the extent required hereunder in connection with such Plat, replat or subdivision, but teen only to the extent that such land is in excess of the open space.then required by Crdinance No. 811. An mono so ,. , Y Y Paid to the Village l l age shG l I be placed i n a special -Fund and used only for the acquisition of land for parks and playgrounds, development of existing parks and Playground sites, and debt retirement in connection with KnA previously acquired for pars and Playgrounds. For purposes of this ordinance " undeveloped value of the land" is defined as the market value of the land within such plat, replat or subdivision as of the date the Plat, replat or subdivision is presented to the Village Council for pre- liminary approval, or if no preliminary approval be given or required, as of the date so presented for final approval, as determined by the Village assessor in the same manner as he determines the market value of land for tax purposes, excluding, in determining such value, all value added to such (Continued) i (Entry Plo. 87 continued) I and by i mprovernents, ii nc I ud i nq ut i I i ties, streets and other pub I i c i i i,or- ovestients serving such land, but including i n such dei'errr 1 n t i on the highest and best use to which the land can be put under the zoning district, then existing or under that . -on i nc; district to +vli i ch the 1 and i s then a >out to be transferred." Sc:c. 4. Section 9 of Ordinance No. 86 1 � � ' as �i- nenocca, is her-eoy amended t.. read as follows: "Sec. 9. Final Approval of Plat. 'hen a pia•` has been given preliminary approval by the Council and the required i mproverjents have been con p I ,�-4-ed, or subdivision financing e;c,,reement executed by the ViIIaoe and the person or persons tvilo filed such plat, and recordab ` o sepal -ate agree.,ient re- lating to payment of special assessments upon sale of property executed, and security furnished and land set aside and dedicated or c'uivalent dish contribution made, all as herein required, the Village Aanag+er shall subiaiit a supplementary report thereon with the plat to the Council for final approval, which shall be given by resolution." Sec. 5. This ordinance shall be in full force and effect upon its passage and publication, and when effective sha l I be riled with the off -i ce o Register of Deeds, Hennepin County, i'a i nnesota In the Matter of the Application District Court, Hennepin 88. of County, Minnesota Glacier Sand and Gravel Company Fourth Judicial District (Corporate Seal) to register title Case No. 11922 to certain land Certified Copy Amended Doc. No. 2925801 Application Dated February 2, 1955 Filed February 8, 1955 a Book 42 of Appls., page 551 The North 1/2 of the Northwest 1/4 of Section 32, Township 28, Range 24, except that part thereof described as follows: Commencing at the Northeast corner of the .Northeast 1/4 of the Northwest 1/4 of said Section 32, Township 28, Range 24; thence South along the Easterly line of said section a distance of 130 feet; thence West parallel with the North line of said section a distance of 165 feet; thence North parallel with the East line of said section a distance of 130 feet to the North line of said section; thence East along said North line of said section a distance of 126 feet to. the point of beginning, Lots 9, 10,. 11 and Lot 12 except the East 33 feet thereof,. McCabe's Wood Lake Out Lots; The West 15 acres of the Southeast 1/4 of the Northwest 1/4 of Section 3211, Township 28, Range 24; The East 1/2 of the Northeast 1/4 of the Southwest 1/4 of the Northwest 1/4 of Section 32 Township 28, Range'24; Lots 1 to 20 inclusive, Block 1, Lots l to 20 inclusive, Block 2; Lots l to 7 inclusive, Block 3, Harriet Park. Applicant does desire to register the boundary lines of said premises. The names and addresses of the owners of adjoining lands affected by the establishment of boundary lines are: Names P. O. Address -*-- ------- - - - - -- (Shown for reference as to boundary lines) John H. Holt and Rose G. Holt, husband and wife 89. To Joseph J. Maurer and Mary J. Maurer, husband and wife as joint tenants Doc. No. 32+0330 Joseph /H. Maurer and Mary J. Maurer, husband and wife 90. To Minnesota Federal Savings and Loan Association (United States of America Corporation) Doc. No. 32+0331 Minnesota Federal Savings and Loan Association (United States of America Corporation) (Corporate Seal) 91. To Joseph J. Maurer and wife Real Properties, To 92. Whom it Concerns Doc. No. 2868521 u Warranty Deed Dated June 24, 1960 Filed July 1, 1960 Book 2260 of Deeds, page 610 Consideration $1.00 etc. The East 1/2 of the West 1/2 of the Northeast 1/4 of the Southwest 1/4, Section 32, Township 28, Range 24, Hennepin County, Minnesota. Free from all encumbrances, except the lien of all unpaid special assessments and interest thereon. Revenue Stamps $38.50 Treasurer's Certificate, State Deed Tax $38.50 paid. Mortgage Dated June 24, 1960 Filed July 1, 1960 Book 3193 of Mtgs., page 415 To secure $17,000.00 Satisfaction of Mortgage Recorded in Book 3193 of Mtgs., page 415 as Doc. No. 32+0331 (See #90) Dated February 14, 1968 Filed March 6, 1968 Book 68 of Hennepin County Records, page 3704446 Inc. Articles of Incorporation Dated March 27, 195+ Filed April 14, 195+ Book 690 of Misc., page 118 Itsduration shall be perpetual. Real Properties, Inc. (No Corporate Seal) 93. To Whom it Concerns Doc. No. 2897752 Amended Articles of Incorporation Dated August 31, 195+ Filed September 16, 195+ Book 701 of Misc., page 501 The name of this corporation is Real Properties, Inc. Its duration shall be perpetual. 0 Joseph J. Maurer and Warranty Deed Mary J. Maurer, Dated August 3, 1960 husband and wife Filed December 31, 1963 94. To Book 2426 of Deeds, page 564 Real Properties, Inc. Consideration $1.00 etc. (Minnesota Corporation) A 1/3 interest in the East 1/2 Doc. No. 3453012 of the West 1/2 of the Northeast 1/4 of the Southwest 1/4, Section 32, Township 28, Range 24. Free from all incumbrances, except a first mortgage now of record against said property in favor of Minnesota Federal Savings and Loan Association, and the lien of all unpaid special Assessments and interest thereon. State Deed Tax Stamps $1.10 Joseph J. Maurer and Warranty Deed Mary J. Maurer, Dated August 3, 1960 husband and wife Filed December 31, 1963 95. To Book 2426 of Deeds, page 565 Warren Shultz Consideration $1.00 etc. Doc. No. 3453013 A 1/3 interest in the East 1/2 of the West 1/2 of the Northeast 1/4 of the Southwest 1/4, Section 32, Township 28, Range 24. Free from all incumbrances, except a first mortgage against said property in favor of Minnesota Federal Savings and Loan Association; and the lien of all unpaid special assessments and interest thereon. State Deed Tax Stamps $1.10 Real Properties, Inc. (Minnesota Corporation) (Corporate Seal) 96. To Whom it Concerns Doc. No. 3579038 Real Properties, Inc. (Minnesota Corporation) (No Corporate Seal) 97. To Whom it Concerns Amendment to Articles of Incorporation Dated November 10, 1965 Filed December 8, 1965 Book 1025 of Misc., page 21 Amendment to Articles of Incorporation Dated January 25, 1968 Filed March 6, 1968 Book 68 of Hennepin County Records, page 3704378 Filed with the Secretary of State of the State of Minnesota February 28, 1968 The name of the corporation shall be Goodyear Realty, Inc. Warren Shultz and Madeline L. Shultz, his wife; Joseph J. Maurer and Mary J. Maurer, his wife; Harry Goodyear and Mary Patricia Goodyear, husband and wife and Robert E. Engstrom and Phyllis R. Engstrom his wife 98. To Village of Edina (Minnesota Municipal Corporation) Goodyear Realty, Inc. (Minnesota Corporation) (Corporate Seal) 99. To Robert E. Engstrom Northeast 1/4 of the Southwest 1/4, Subject to reservations, easements Free from all encumbrances, except assessments and interest thereon. State Deed Tax Stamps $2.20 Goodyear Realty, Inc. (Minnesota Corporation) (Corporate Seal) 100. To Harry Goodyear 0 Easement for Public Road Purposes Dated July 27, 1970 Filed November 10, 1970 Book 70 of Hennepin County Records, page 3855072 Consideration $1.00 Does Grant, Bargain, Sell, Convey, and Warrant to said partyof the second part an Easement in perpetuity for public road purposes in, under, and over the following described property situate in the County of Hennepin and State of Minnesota, to -wit: The South 40 feet of the East 1/2 of the West 1/2 of the Northeast 1/4 of Southwest 1/4, Section 32, Township 28, Range 24. State Deed Tax Exempt. Warranty Deed Dated September 11, 1970 Filed November 10, 1970 Book 70 of Hennepin County Records, page 3855164 Consideration $1.00 etc. A 116 interest in the East 1/2 of the West 1/2 of the Section 32, Township 28, Range 24. and restrictions of record, if any. the lien of all unpaid special Warranty Deed Dated September 11, 1970 Filed November 10, 1970 Book 70 of Hennepin County Records, page 3855165 Consideration $1.00 etc. A 1/6 interest in the East 1/2 of the West -1/2 of the Northeast 1/4 of the Southwest 1/4, Section 32, Township 28, Range 24. Subject to reservations, easements and restrictions of record, if any. Free from all incumbrances, except the lien of all unpaid special assessments and interest thereon. State Deed Tax Stamps $2.20 101. Taxes for 1971 Taxes for 1972 as assessed. Assessed in the and prior years paid. amount $5x754.72 first 1/2 paid second 112 not paid name of Maurer; Plat 73832; Parcel 3200; (Edina #24) • n u 102. Certifications by Title Insurance Company of Minnesota cover records in Register of Deeds' Office of Federal Internal Revenue Lien Notices and Minnesota Income and Inheritance Tax Lien Notices. 103. For Judgment and Bankruptcy Search see Certificate attached. r� No. 6 2 3 8 9 9 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 I DATES Real Properties, Inc. ) (a Minnesota Corporation) ) Goodyear Realty, Inc. ) (a Minnesota Corporation) ) Joseph J. Maurer Mrs. Joseph J. Maurer Mary J. Maurer Warren Shultz Robert E. Engstrom Harry Goodyear Aug. 6, 1962 Aug. 6, 1962 Aug. 6, 1962 Aug. 6, 1962 Aug. 6, 1962 Aug. 6, 1962 Aug. 6, 1962 Aug. 6, 1962 Nov. 11, 1970 Nov. 11, 1970 Aug. 7, 1972, 7AM Aug. 7, 1972, 7AM Aug. 7, 1972, 7AM Aug. 7, 1972, 7AM Aug. 7, 1972, 7AM Aug. 7, 1972, 7AM Dated at Minneapolis, this 7th day of August 19 72 TITLE INSURANCE COMPANY OF MINNESOTA Form No 8 By C � -^�-- ' - ASSt. Secretary