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HomeMy WebLinkAbout1690DORSEY, MARQUART, WINDHORST, WEST $ HALLADAY DONALD WEST MICHAEL E. ORES$ 2400 F 1 R S T NATIONAL BANK BUILDING EUGENE L. JOHNSON WILLIAM E. BOWEN WALDO F MAROUART RAYMOND A. REISTER JOHN W. WINDHORST, JR. WILLIAM P LUTHER JOHN W. WINDHORST JOHN J. TAYLOR MICHAEL PRICHARD DOUGLAS D. McFARLAND HENRY HALLADAY BERNARD G. HEINZEN MINNEAPOLIS, MINNESOTA S S 4 O 2 WILLIAM R. SOTH DAVID L SOEHNEN JULE M. HANNAFORD WILLIAM J. HEMPEL THOMAS R. MANTHEY CRAIG L. WILLIAMS ARTHUR B. WHITNEY JOHN S. HIBBS RICHARD G. SWANSON VINCENT S. WALKOWIAK RUSSELL W. LINDQUIST ROBERT 0. FLOTTEN (612) 340— 2600 FAITH L. OH MAN ALAN D. GILLILAND DAVID R. BRINK JOHN D. LEVINE CABLE: DOROW DAVID A. RANHEIM LAWRENCE R. OLIVER HORACE HITCH ROBERT J. STRUYK ROBERT J. SILVER14AN FRANK H. VOIGT VIRGIL H. HILL MICHAEL A. OLSON TELEX: 29 —0605 JAMES M. KLEBBA WILLIAM E. MARTIN RO6ERTV TARS OX LARRYW JOHNSON TELECOPIER:(612) 340 -2868 WILLIAM R. HIBBS WILLIAM H. HIPPEE, JR. DEFOREST SPENCER THOMAS 5. HAY JOHN D. KIRBY STEPHEN G. SHANK ROBERT J. JOHNSON G. LARRY GRIFFITH 1468 W —FIRST NATIONAL BANK BUILDING PHILIP F. BOELTER ROBERT A. BURNS M. B. HASSELOUIST PETER DORSEY CRAIG A- BECK DAVID L. MCCUSKEY ST. PAU L, M I N N ESOTA 56101 WILLIAM B. PAYNE JAN STUURMANS TONI A. SEITZ MICHEL A. LAFOND GEORGE P. FLANNERY THOMAS O. MOE (612) 227 -8017 R. A. SCHWARTZBAUER BRADFORD L. FERGUSON CURTIS L. ROY JAMES H.OHAGAN DAVID N. FRONEK ROGER J. MAGNUSON ARTHUR E. WEISBERG JOHN M. MASON THOMAS W. TINKHAM J. ROBERT HIBBS DUANE E. JOSEPH MICHAEL W. WRIGHT JONATHAN VILLAGE CENTER JON F. TUTTLE FREDERICK E. LANGE LARRY L. VICKREY CHASKA, MINNESOTA 55318 ROBERT A. HEIBERG JAMES B. VESSEY LOREN R. KNOTT (612) 448 — 4012 EMERY W. BARTLE WILLIAM A. WHITLOCK PHILLIP H. MARTIN MICHAEL J. RADMER E.J. SCHWARTZBAUER REESE C. JOHNSON CURTIS L. STINE OF COUNSEL THOMAS M. BROWN CHARLES J. HAUENSTEIN MICHAEL TRUCANO DAVID E- BRONSON CORNELIUS D. MAHONEY CHARLES A. GEER 115 THIRD STREET SOUTHWEST WILLIAM J. KEPPEL LEAVITT R. BARKER THOMAS S. ERICKSON JOHN C. ZWAKMAN ROCHESTER, MINNESOTA 55901 JAMES A. FLADER GEORGE E. ANDERSON WILLIAM C. BABCOCK JOHN R. WICKS (507) 288-3156 WILLIAM A. JOHNSTONE ROBERT L. VANFOSSEN 340 -2659 MY PHONE NUMBER IS July 17, 1973 Mr. Greg Luce Village of Edina 4801 West 50th Street Edina, Minnesota 55424 Re: Outlot A, Gleason Third Addition Dear Greg: Enclosed herewith for the Village file is a xerox copy of the fully executed deed from Roy W. Dickman and Patricia M. Dickman to the Village of Edina of a portion of Outlot A, Gleason Third Addition. The original of this document has now been recorded. When the owner's duplicate certificate of title is ready evidencing the Village's ownership of that portion of Outlot A, Gleason Third Addition, I will obtain that duplicate and send it to you. Very truly yours, Th mas S. Prickson TSE /c Enclosure c�;c �. � �:� .:�:•J i',��ri� i;� J.. I�i:i �,�n, 1 yn>cl taic�, OJ ".. ...... ........................... .................... , ]litrt .. ?? �.. u1 tN <; (�r,it, /;;;!,, r,, .i ._..._.t.,,. 1.i.J..J.. .c• -: ...J.',ci .1i .. ,;1 ... ...... ...... . ..................... ............................... i 1! ?t:111 i, S;?, ��. 3 .... ............................... _ ._..... .......... ................................. .... ...... ..... ............. ..... ....... ............................................................ ......... ............. . -.., a. %orporation, under the lazes of the State of...... Minnesota ........... ............................... party Of the, scoorul part, MitllmS "(fi, That the said Bart ics of the first part, in consideration of the sun, of One and N01100 Dol J it ($] . 00) and other i;ood and valuable consideration - 7)U7`t77iS; .. _._ to ... .....theiij _in, haaid paid by the sai(l party of the second part, the rceci.pt u- hereof is hereby a,cicnow1rd&d, do ........ hereby Grant, hardy -in, Qtt•itclaim., aazd CO?17)C"' uaito the Said party of trite second pant, its su.ccrssors a.nrl assigns, Forr.rcr, all, the tract _.. or parcel.... of land lying and bei.n�s in the Cotrntt of Hennepin . ............ ..........................a.nd. State of .lfinnesota, described as follows, to -wit: That portion of the following described property: Outlot A, Gleason Third Addition, except that portion lying to the West of the following described line, to -wit: Beginning at the Northwesterly corner of said Outlot A; thence Southerly along.the most Westerly line of said Outlot A, which line is 122 feet in length, a distance of 22 feet, to the actual point of beginning, thence Southeasterly to a point on the Northerly edge of Aspen Road, which point lies 46 feet Easterly of the intersection of said Westerly line and Aspen Road, as measured along the said Northerly edge of Aspen Road, and there terminating, which lies Northerly of the following described line, and its extensions, to -wit: Beginning at the most Easterly corner of said Outlot A; thence Southwesterly along the Southeasterly line of said Outlot A, a distance of 27 feet to the actual point of beginning; thence Northwesterly along a line parallel to that line of said Outlot A which line is 115.40 feet in length and runs Northwesterly from the most Southerly point on said Outlot A, a distance of 132 feet; thence Westerly along a line parallel to the Northerly line of said Outlot A, which line is 134.41 feet in length, to the intersection with the Westerly line of the above- described property, and there terminating. STATE DEED TAX DUE HEREON: $ NONE " rxr >,o IP % See Rider 1 on the reverse side hereof for additional provisions hereby made a part hereof. Tax stato•ment for real property described in f!;is ir�t umcnt s'i- if be sent to: Village of Edina 4801 West 50th_Street� (a : ressj - Edina, Minnesota 55424 (city) (state) !Zo �f)abe anb to �f)olb tfie To *tZicr with all the hcredita7nents and appurtenances there - itntO bClOnj�in6 or in anywise appertainin. , to the said party of the second part, its successors and assi fn.s, Forever. 3fn Tretbnoup Wf ficrcof, The said part ies of the first part ha.Ve.... hereunto set.. their, .... ....................... ha.ndS . the day and ycnr first abore tcritten. C r/ . ........................ ............. In presellec of r Roy W' Dickman ....... ........ ....... _. f ! i> Patricia M, bi ckimin t Not try NulA,ic ttvlhill- and jor Said ('ollIlty, pers011(1111/ (1ppe(1re(1 Roy W. Ilickumn m d 11,ti zi.cia 1`1. Dickman, husband and wife, to inn k7lon•1t, to b6 the -_,... resclr( , 110 ctcldri1 t fol'6 in.s 1r(//?(1 c C irr,�trrcnlaFrt, _ ........ and r n ,11, 7(`(1,,'o7 171(11 t he y execl(t.ed the (See ActO s(rnre (1s their ., j1-,_c (lot (111(7 (Ice(l _ ........ - f " THIS INSTRUMENT WAS DRAF =TED BY .��C...... .`.....tf ................ A`C/G�+t' e• `� ... ...... ...................... �fiAA�A. 4.�UEAd�dtAdSfi�lliiF,4AAggAyR; U ors e ('panic} t'Y ✓1'otary Pu.bli -ISLE A. LARSON J, jttnn y' - -' r' t ' NOTARY PUBLIC - MINNES07A unt( Saoay t (Addrefs [ HENNEPIN COUNTY My convnissi n' j� r', �q' Eommissinn•xpirss•)utt :Ti;.1976. ........, s�/1G Note: Thc'hlank lines marked "See Note" arc For use when the instrument is executed by an attorney in Fact. Rider 1 Provided, that no structure or improvement of any kind, including, without limitation, fences, walls, dams, hedges and other like barriers, shall ever be constructed or placed upon the above - described land with the single exception of such walking, skiing, horseback and bicycle paths, if any, as the party of the second part, its successors or assigns, shall hereafter elect to construct; and further provided, that the above - described land shall not be used as a picnic area or a general recreational area; and further provided, that no off -road vehicles shall be allowed to be operated or used upon the above- described property. Off. -road means any motorized vehi.clt= desi_aned for travel on or immediately over land, water, snow, ice, marsh, swampland or other terrain, except that such term excludes vehicles owned or operated by the Village of Edina, or its successors or assigns, or by any person with whom the Village of Edina, its successors or assigns, has contracted, and upon the above - described property for purposes of such repair, maintenance or improvement work as the Village of Edina, its successors or assigns, deems necessary or desirable; and further provided that the restrictive covenants contained in this Rider 1 shall be for the benefit of the following described real property, located in Hennepin County, State of Minnesota ( "Benefited Property ") , and may be enforced released, amended, or modified, in whole or in part, in writing, by the owners of said Benefited Property, their successors, heirs or assigns: or Benefited Property jEl: That portion of the following described-property:, , j Outlot A, Gleason Third Addition, except that portion lying to the West of the follow- ing dir :_�cribe-d line, to wit: I?c c'"i1 :ni ng at the Northt,:esterly corner of said Outlot A; thence Southerly along the most V'estcrly line of said Outlot A, which line is 122 foci- in length, a distance of 22 feet, t -0 t:iic actual Point of beginning; thence to a point on the Northerly cadge Of 70'111,•(1 2zoad, which point, lies 46 feet Easterly af' the intersection of said Westerly line, f =rid Aspen Road, as measured along the said N(.);-t110rly edge of Aspen Road, and there cj, which lies Sou L he7 -1.y of the following de.' ;(" ; )','d to 1 13 C'. CJ l.Il1t.1.ItO clt t.1!(_'- IllO' :t Y.rts;t'.(�rl.y C' (iYli; O t A; of f;aid Out..• of A, ct })Crl )tl r,( lw,j 1 ,1., ,.', ; 1. w Benefited Property #1 That portion of the following described property: Outlot A, Gleason Third Addition, except that portion lying to the West of.the follow- ing described line, to wit: Beginning at the Northwesterly corner of said Outlot A; thence Southerly along the most 1%lesterly line of said Outlot A, which line is 122 feet in length, a distance of 22 feet, to the actual point of beginning; thence Southeasterly to a point on the Northerly edge of Aspen Road, which point lies 46 feet Easterly of the intersection of said Westerly line and Aspen Road, as measured along the said Northerly edge of Aspen Road, and there terminating, which lies Southerly of the following described line, and its extensions, to wit: Beginning at the most Easterly corner of said Outlot A; thence Southwesterly along the Southeasterly line of said Outlot A, a distance of 27 feet to the actual point of beginning; thence Northwesterly along a line parallel to that line of said Outlot A,which line is 115.40 feet in length and runs Northwesterly from the most Southerly point on said Outlot A, a distance of 132 feet; thence iesterly along a line parallel to the Northerly line of said Outlot A, which -line is 134.43_ feet in length, to the intersection with the Westerly line of the above described property, and there terminating. Benefited Property #2: That portion of Outlot A, Gleason Third Addition, lying Westerly of the following described line, to wit: Beginning at the Northwesterly corner of said Outlot A; .thence Southerl.v along the most t•:esterly line of said Outlot A, which line is 3.22 feet in len(tth, a distance of 22 feet, to the actual point of begi.r,r,i.nc;; thence Southeasterly to a joint on thc: Ncri IWIA y c ic;c of i:.,: >r_ r! PC J, t:hich hoy::i lies 4G feet: )'asterly of the. inter:;ecti.on of said s-F!Ost- erly lino and Pnad, its meit:;urccl alone; t.hc said Northerly ecicjo oj_ T, :peri hoac-1, and there Initials: RWD PMD /(00 �Uf� -15-1 1636 ? &ACV 4438� Crortir,13tr TheJUL age of Edina Owner.(s.) IMPORTANT In dealing with the land described in this certificate, the names of the parties and descrip- tion of property should be ex- actly the same as written herein. 4382 do ATTENTION DELAY and EXPENSE will be caused by the loss of this certificate. 0 MEMORIAL (Continued) DOCUMENT NUMBER KIND OF INSTRUMENT DATE OF INS T RUMENT DATE OF REGISTRATION AMOUNT , RUNNING IN FAVOR OF SIGNATURE OF REGISTRAR Month IDayl Year I MonthlDayl Year Hour i i i HC ° CERTIFICATE OF TITLE No. 493813 DISTRICT COURT No.(s) 10028 Transfer from No 493812 Originally registered the 25th day of July A. D. 1950 Volume 519 Page 158723 STATE of MINNESOTA, REGISTRATION Comy of HENNEPIN. This is to certify that The Village of Edina, a Minnesota municipal corporation of 4801 West 50th Street, Village of Edina, County of Hennepin, State of Minnesota arenow the owner(s) of an estate, to wit: in fee simple of and in the following described land situated in the County of Hennepin and State of Minnesota, to wit: > 2 Z f That portion of the following described property; Outlot A, Gleason Third Addition, except that portion lying to the West of the following described line, to wit: Beginning at the Northwesterly corner of said Outlot A; thence Southerly along the most Westerly line of said Outlot A, which line is 122 feet in length, a distance of 22 feet, to the actual point of beginning; thence Southeasterly to a point on the Northerly edge of Aspen Road,'which point lies 46 feet Easterly of the intersection of said Westerly line and Aspen Road, as measured along the said Northerly edge of Aspen Road, and there terminating, which lies Northerly of the following described line, and its extensions, to wit: Beginning at the most Easterly corner of said Outlot A; thence Southwesterly along the Southeasterly line of said Outlot A, a distance of 27 feet to the actual point of beginning; thence Northwesterly along a line parallel to that line of said Outlot A, which line is 115.40 feet in length and runs Northwesterly from the most Southerly point of said Outlot A, a distance of 132 feet; thence Westerly along a line parallel to the Northerly line of said Outlot A, which line is 134.41 feet in length, to the intersection with the Westerly line of the above described property, and there terminating, according to the plat thereof on file or of record in the office of the Registrar of Titles in and for said County. Subject to utility and drainge easements as shown on plat. Subject to an easement granted to the state of Minnesota for creek channel purposes as shown by instrument of record in Book 1097 of Deeds, page 322 over the land described as follows "Beginning at a point on the North boundary of Trunk Highway No. 5 distant 50 feet .West of the center line of "Nine Mile Creek ", thence running Northeasterly along the Northerly boundary of said Highway a distance of 50 feet, thence Northwesterly along the center line of said creek a distance of 35 feet and thence Southwesterly to the place of beginning ". r Subject to an easement in favor of the state of Minnesota to the lands adjoining the aforementioned tract to enter upon said land for the purposes of maintaining said channel and subject further to an easement to maintain portable snow fences during such months as weather conditions make necessary all as shown by instrument of record in said Book 1097 of Deeds, page 322. Subject to certain restrictive .covenants as shown in Deed Doc. No 107681 , Files of Registrar of Titles. (See Inst) Subject to the encumbrances, liens and interest noted by the memorial underwritten or endorsed hereon; and subject to the following rights or encumbrances subsisting, as provided in the twenty- fourth section of "An act concerning the registration of land and the title thereto" of the General laws of the State of Minnesota for the year 1905, and the amendments thereof, namely: 1. Liens, claims or rights arising under the laws or the constitution of the United States, which the statutes of this state cannot require to appear of record. 2. Any tax or special assessment for which a sale of the land has not been had at the date of the certificate of title. 3. Any lease for a period not exceeding three years, when there is actual occupation of the premises under the lease. 4. All public highways embraced in the description of the lands included in the certificates shall be deemed to be excluded. 5. Such right of appeal or right to appear and contest the application as is allowed by law. , 6. The rights of any person in possession under deed or contract for deed from the owner of the certificate of title. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of my office . this Sixth day of July 1973 MEMORIAL OF ESTATES. EASEMENTS OR CHARGES ON THE LAND DESCRIBED IN THE Wayne A. Johnson Registrar of Titles, In and for the County of n wo5ilrid State of Minnesota. By DEPUTY CERTIFICATE OF TITLE HERETO ATTACHED. DOCUMENT NUMBER KIND OF INSTRUMENT DATE OF INSTRUMENT DATE OF REGISTRATION AMOUNT RUNNING IN FAVOR OF SIGNATURE OF REGISTRAR Month Day Year I MonthlDayl Year Hour SEE OVER