Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
1735
JOHN J. WATERS ATTORNEY AT LAW 8900 PENN AVENUE SOUTH MINNEAPOLIS, MINN. 55431 (612) 884 -5231 July 12, 1974 City of Edina 4801 West 50th Street Edina, Minnesota Re: Acquisition of American Legion Post No. 471 Dear Sirs: In connection with the sale of the Edina American Legion Post No. 471 Housing Foundation, Inc. property at 4900 Eden Avenue, Edina, Minnesota, and for the purpose of inducing acceptance of the deed to the City of Edina, I hereby give to the City of Edina the following opinion. I have examined the Articles of Incorporation and the By -Laws of the Edina American Legion Post No. 471 Housing Foundation, Inc. and find that the members of the Corporation have the right to vote and that they did pursuant to notice, approve a Resolution of the Board of Directors of the Corporation recommending the sale of the property to the City of Edina. Therefore, in my opinion, the sale of the aforesaid property may be, and has been, authorized by the members of the Corporation at a meeting duly called pursuant to Minnesota Statutes Annotated 317.26, subdivision 2(1). It is my further opinion that the Resolution tendered in connection with the sale of the property is a binding resolution on the Edina American Legion Post No. 471 Housing Foundation, Inc. Sincerely, n J. Wat s JJW/ 1 b L16 LIFE & CASUALTY CERTIFICATE OF INSURANCE TO: THE CITY OF EDINA 4801 West 50th Street Edina, Minnesota 55424 THE /ETNA CASUALTY AND SURETY COMPANY THE STANDARD FIRE INSURANCE COMPANY Hartford, Connecticut DATE: ,July 11, 1974 Gentlemen: This is to certify that the following insurance policy, subject to its terms, conditions and exclusions, is at present in force in this Company: SMP.37SM001673FCAEffective 10/25/73 to 10/25/76 PG ................ Name of Insured EDINA AMERICAN LEGION POST NO. 471 4900 Eden Avenue Covering Edina, Minnesota IN If checked, SMP Policy includes Comprehensive General Liability KIND OF INSURANCE I LIMITS OF LIABILITY Bodily Injury and Property Damage Liability Thousand Dollars Each Occurrence Thousand Dollars Aggregate COMPREHENSIVE GENERAL LIABILITY 300 Thousand Dollars Each Person Bodily Injury Liability 300 Thousand Dollars Each Occurrence Thousand Dollars Aggregate Products Completed Operations Property Damage Liability Glass 2 5 Thousand Dollars Each Occurrence 25 Thousand Dollars Aggregate As per schedule attached In event of cancellation, )Kdays written notice will be given to the party to whom this certificate is addressed. Covering Fire, Extended Coverage 8 Vandalism on building located at 4900 Eden Avenue, Edina, Minnesota, 90% Coinsurance., $45,000.00 -- Comprehensive General Liability. By.............................. .... ...... ............................... Authorized Representative OF ALEXANDER 8 ALEXANDER, INC. (54931 -A) 2-67 CMPD PRINTED IN U.S.A. t INSURANCE BINDER INSURER'S COPY �► Alexander & Alexander Inc. Shelard Plaza P. O. Box 1360 Alexander Minneapolis, Minnesota 55440 &6jewnder Telephone 612 545 -2876 Telex 29 -0431 EDINA AMERICAN LEGION POST NO. 471 INSURED: HOUSING FOUNDATION, INC ADDRESS: 4900 Eden Avenue Edina, Minnesota INSURANCE COMPANY Aetna Casualty & SuretyPOL. NO. 3 7 SM0 016 7 3 FCA DATE EFFECTIVE 7/12/74 PRODUCER D.V.Jensen DEPT.Commercial Proi2erty Until endorsement TERM issuance LIMIT CO -INS. I.V. COVERAG LOCATION 4900 Eden Avenue, Edina, Minnesota REMARKS: Adding the City of Edina as Additional Named Insured as respects LOSS PAYABLE TO LOSS PAYABLE ADDRESS MODEL IDENTIFICATION NUMBER (1) PURCHASE BODY TYPE SERIAL NUMBER (S) CU. IN. ACTUAL COST DATE YEAR TRADE NAME TRUCK LOAD CAPACITY MOTOR NUMBER (M) /H.P. INC. EQUIPMENT NEW /USED THIS INSURANCE IS BINDING SUBJECT TO THE PROVISIONS OF THE STANDARD POLICY OF THE STATE IN WHICH THE PROPERTY INSURED IS LOCATED. THIS BINDER SHALL BE CANCELLED BY THE DELIVERY OF THE FORMAL POLICIES OR ENDORSEMENTS REFLECTING THESE CHANGES, OR CANCELLED BY WRITTEN NOTICE IN ACCORDANCE WITH STANDARD POLICY PROVISIONS. ALEXANDER & ALEXANDER, INC., AGENTS DATE ORDERED 7 111 174 BY BY'� HORSEY, MAr QUART, WINDHORST, WEST a HALLADAY DONALD WEST WILLIAM J. HEMPEL 2300 FIRST NATIONAL BANK BUILDING FAITH L OHMAN WILLIAM E. MARTIN WALDO F. MAROUART JOHN S. HIBBS DAVID A RANHEIM WILLIAM H. HIPPEE, JR. JOHN W WINDHORST HENRY HALLADAY ROBERT 0. FLOTTEN JOHN D. LEVINE MINNEAPOLIS, MINNESOTA 5 5 4 0 2 ROBERT J. SILVERMAN STEPHEN G. SHANK JULE M. HANNAFORO ROBERT J. STRUYN WILLIAM R. HIBBS JOHN 0. ROBERT A. BURNS A. ARTHUR 8. WHITNEY MICHAEL A.OLSON PHILIP F. BOELTER BOEL MICH A. LAF MICHEL A LAFONO RUSSELL W. LINODUIST LARRY W. JOHNSON (612) 340-2600 WILLIAM B. PAYNE BRADFORD L. FERGUSON DAVID R. BRINK THOMAS S. HAY CABLE: DOROW JAN STUURMANS ROGER J. MAGNUSON HORACE HITCH O.OMAS GRIFFITH R.A SCHWARTZSAUER J. ROBERT HIBBS VIRGIL " HILL CRAIG A BECK TELEX: 29 -0605 STEVEN N. CHAMPLIN JAY COOK ROBERT V. TARBOX DAVID L MCCUSKEY TELECOPIER:(612) 340 -2868 DAVID N. FRONEX STANLEY REIN ROBERT J. JOHNSON M. B. HASSELOUIST THOMAS 0 MOE JAMES H. OHAGAN THOMAS W. TINKHAM JON F. TUTTLE _ CHARLES L. POTUZNIK VERLANE L ENDORF PETER DORSEY JOHN M MASON 1468 W -FIRST NATIONAL BANK BUILDING ROBERT A NE18ERG GEORGE P. FLANNERY MICHAEL W WRIGHT ST. PAUL, MINNESOTA 55101 EMERY W. BARTLE GEORGEANN BECKER GEORG NN BEI CURTIS L. ROY LARRY L VICKREY KNOTT (612) 227-8017 MICHAEL J. RADMER ROBERT HOBBINS ARTHUR E WEISBERG DUANE E. JOSEPH LOREN R. PHILLIP H. MARTIN PAUL SCHEERER CURTIS L STINE BARRY D. GLAZER PETER HENDRIXSON JAMES S. VESSEY REESE C JOHNSON MICHAEL TRUCANO KICKY MAY WILLIAM A WHITLOCK CHARLES J HAUENSTEIN JONATHAN VILLAGE CENTER WILLIAM J.KEPPEL IRVING WEISER E J. SC14WARTZOAUER CHARLES A. GEER CHASKA, MINNESOTA $5316 JAMES A FLADER STEPHEN GOTTSCHALK THOMAS M. BROWN JOHN C. ZWAKMAN (612) 44$ -4012 WILLIAM A JOHNSTONE THOMAS ELKINS CORNELIUS D. MAHONEY JOHN R WICKS WILLIAM E. BOWEN THOMAS S. ERICKSON EUGENE L JOHNSON WILLIAM P. LUTHER LUTHER WILLIAM C BABCOCK MICHAEL E. BRESS JOHN W. PRI WINDH ARST, Jp. MICHAEL PRICHARO 116 THIRD STREET SOUTHWEST DOUGLAS O. ftFARLAND COUNSEL RAYMOND A REISTER WILLIAM R, SOTH ROCHESTER, MINNESOTA 55901 DAVID LBOEHNEN HNEN ALAN D GILLILAND ID DAVID E. BRONSON LEAVITT R. BARKER JOHN J. TAYLOR THOMAS R. MANTHEY (507) 288-3156 LAWRENCE R. OLIVER GEORGE E ANDERSON BERNARD G HEINZEN RICHARD 0. SWANSON FRANK H. VOIGT ROBERT L VANFOSSEN July 11, 1974 Edina American Legion Post No. 471 Housing Foundation, Inc. 4900 Eden Avenue Edina, Minnesota 55424 Attention Mr. H. J. Flidson Re: Sale of Property at 4900 Eden Avenue, Edina, Minnesota, to the City of Edina. Gentlemen: The City if Edina has entered into a purchase agreement with you for the purchase of the property at the above address. This agreement is dated June 24, 1974. Under the agreement you have the right of possession of certain portions of the above described property for a period of two years from the date of closing. The date of closing will be July 12, 1974. This letter is given to you to set forth the date of closing for the purpose of determining definitely the beginning and ending dates of your two -year period Of OLcupancy under the agreement. This letter is given to you also for the purpose of affirming the fact that the City of Edina has no obligations to you, of any kind, by virtue of your continued possession of a portion of the property at the above address, to issue any licenses of any kind for the carrying on of any activities or other functions at the above address. Very truly yours, DORSEY, MARQUART, WINDHORST, WEST & HALLADAY TSEjabc by �t Thomas S. Erickson cc: �Mr. J. N. Dalen Attorney for the City of Edina Mr. Warren C. Hyde DORSEY, MAROUART, WINDHORST, WEST & HALLADAY RECEIPT AND CONSENT The undersigned acknowledges receipt of the letter from Dorsey, M,arquart, Windhorst, West & Halladay dated July 11, 1974, to which this receipt and consent is attached, and agrees that the date of closing is July 12, 1974, and that the City has no obligation to issue any licenses to the undersigned as set out in said letter. Dated: July , 1974. EDINA AMERICAN LEGION POST NO. 471 P101 SING FOUNDATION, INC. by Its President and Its Secretary r DORSEY, MAROUART, WINDHORST, WEST & HALLADAY RECEIPT AND CONSENT The undersigned acknowledges receipt of the letter from Dorsey, M,arquart, Windhorst, West & Halladay dated July 11, 1974, to which this receipt and consent is attached, and agrees that the date of closing is July 12, 1974, and that the City has no obligation to issue any licenses to the undersigned as set out in said letter. Dated: July , 1974. EDINA AMERICAN LEGION POST NO. 471 P101 SING FOUNDATION, INC. by Its President and Its Secretary SELLER: Edina American Legion Post No. 471 Housing Foundation Inc. BUYER: The City of Edina DATE OF CLOSING: July , 1974 1. Seller's Board of Directors' approval and authorization of officers to execute closing documents. (Also shareholders' or members' ap- proval if this is all or substantially all the assets of the Seller.) 2. Affidavit of No Judgments 3. Proof of payment of 1974 real estate takes 4. Insurance policies (Seller to obtain) (a) Fire and Extended Coverage Risks - Buyer as insured (b) Public liability insurance - Buyer and Seller as insureds 5. Warranty Deed (a) State Deed - exempt 6. Affidavit of Purchaser as to Torrens parcel 7. Owner's Duplicate Certificate as to Torrens parcel (at Courthouse) 8. Keys 9. Spotcheck title (a) Abstract (b) Certificate of Title CLOSING STATEMENT SELLER: Edina American Legion Post No. 471 Housing Foundation Incorporated BUYER: The City of Edina DATE OF CLOSING: July , 1974 PURCHASE PRICE: Earnest Money $ 1,000.00 Cash on Date of Closing $59,000.00 $60,000.00 EXPENSES BUYER 1. State Deed Tax 2. 1974 Real Estate Taxes* ($2,186.72 + penalty of $ ) 3. Abstract Fee 4. Registered Property Abstract Fee 5. Filing Fee -- Warranty Deed (a) Abstract 2.00 (b) Torrens 5.00 * includes 7% penalty on first half 1974 taxes $60,000.00 $60,000.00 SELLER Exempt Re: City of Edina Acquisition of American Legion Post No. 471. Dear John: DOUGLAS D. McFARLAND DAVID L. BOEHNEN ALAN 0. GILLILAND LAWRENCE R. OLIVER FRANK H. VOIGT WLLIAM E. MARTIN WILLIAM H. HIPPEE, JR STEPHEN G. SHANK ROBERT A. BURNS TONI A. BEITZ MICHEL A LAFOND BRADFORD LFERGUSON ROGER J. MAGNUSON J ROBERT HIBBS OF COUNSEL DAVID E BRONSON LEAVITT R. BARKER GEORGE E. ANDERSON ROBERT L VANFOSSEN Inclosed is a closing statement and closing agenda in the above transaction. Also enclosed is'an original and one copy of a warranty deed and an original and one copy of an affidavit to be executed and delivered by your clients at the closing. I am sending this material to you at this time so as to expedite the closing itself.. In addition to the deed and affidavit, we will need to have available_ at closing, or Preferably in ad- vance of the closing, the necessary evidence of directors' and shareholders, approval and the insurance policies. Once you have reviewed the enclosed, if you have any questions, please call me so we can discuss them. I understand we are set for closing on July 19, 1974 at the City Hall. I will shortly send you the signed purchase agreement. Very truly yours, TSE /abc Thomas S. Erickson Enclosures cc: Mr. J. N. Dalen ,,,.-)(w /closing statement and agenda only) DORSEY, MARQUART, WINDHORST, WEST & HALLADAY DONALD WEST WALDO F MAROUART RAYMOND A. RESTER JOHN J. TAYLOR 2400 F E R S T NATIONAL N A L BANK BUILDING I L D I N G JOHN W WINDHORST, JR. JOHN W. WINDHORST BERNARD G. HEINZEN MICHAEL PRICHARD HENRY HALLADAY WILLIAM J. HEMPEL MINNEAPOLIS, MINNESOTA 5 5 4 0 2 WILLIAM R.SOTH JULE M. HANNAFORD ARTHUR B.WHITNEY JOHN S. HIBBS ROBERT O. FLOTTEN THOMAS R. MANTHEY RICHARD G. SWANSON RUSSELL W LINDOUIST JOHN D. LEVINE ( 612) 340-2600 FAITH L OHMAN DAVID R. BRINK ROBERT J. STRUYK DAVID A. RANHEIM HORACE HITCH MICHAEL A. OLSON CABLE: COROW ROBERT J. SILVERMAN VIRGIL H. HILL LARRY W. JOHNSON TELEX: 29 -0605 WILLIAM R. HIBBS ROBERT V. TARBOX THOMAS S. HAY JOHN D. KIRBY ROBERT J. JOHNSON G. LARRY GRIFFITH TE LECO P I ER: (612) 340 -2868 PHILIP F. BOELTER M. B. HASSELOUIST CRAIG A. BECK WILLIAM S. PAY NE PETER DORSEY GEORGE P. FLANNERY DAVID L McCUSKEY 1468 W—FIRST NATIONAL BANK BUILDING JAN STUURMANS CURTIS L ROV THOMAS O. OE JAMES H.OHAGAN ST. PAUL, h) I N N ES OTA 55101 R.A SCHWARTZBAUER DAVID N. FIR EX ARTHUR E WEISBERG JOHN M. MASON (612) 227-8017 THOMAS W TINKHAM DUANE E JOSEPH MICHAEL W WRIGHT JON F TUTTLE FREDERICK E. LANGE LARRY L. VICKREY ROBERTA HEIBERG JAMES B. VESSEY LOR£N R. KNOTT JONATHAN VILLAGE CENTER EMERY W. BARTLE WILLIAM A WHITLOCK PHILLIP H. MARTIN CHAS'KA, MINNESOTA 55318 MICHAEL J. RADMER E.J.SCHWARTZBAUER REESE C. JOHNSON (.612) 448-4012 CURTIS LSTINE THOMAS M. BROWN CHARLES J. HAUENSTEIN MICHAEL TRUCANO CORNELIUS D. MAHONEY CHARLES A. GEER WILLIAM J. KEPPEL THOMAS S. ERICKSON WILLIAM C. 13ABCOCK JOHN C. ZWAKMAN JOHN R. WICKS 115 THIRD STREET SOUTHWEST JAMES A RADER WILLIAM A. JOHNS TONE MICHAEL E. BRESS EUGENE L. JOHNSON ROCHESTER, MINNESOTA 65901 WILLIAM E. BOWES (IS 07 288 -3166 WILLIAM P. LUTHER July 2, 1974 John Waters, Esq. 3900 Penn Avenue South inneapolis, Piinnesota 55431 Re: City of Edina Acquisition of American Legion Post No. 471. Dear John: DOUGLAS D. McFARLAND DAVID L. BOEHNEN ALAN 0. GILLILAND LAWRENCE R. OLIVER FRANK H. VOIGT WLLIAM E. MARTIN WILLIAM H. HIPPEE, JR STEPHEN G. SHANK ROBERT A. BURNS TONI A. BEITZ MICHEL A LAFOND BRADFORD LFERGUSON ROGER J. MAGNUSON J ROBERT HIBBS OF COUNSEL DAVID E BRONSON LEAVITT R. BARKER GEORGE E. ANDERSON ROBERT L VANFOSSEN Inclosed is a closing statement and closing agenda in the above transaction. Also enclosed is'an original and one copy of a warranty deed and an original and one copy of an affidavit to be executed and delivered by your clients at the closing. I am sending this material to you at this time so as to expedite the closing itself.. In addition to the deed and affidavit, we will need to have available_ at closing, or Preferably in ad- vance of the closing, the necessary evidence of directors' and shareholders, approval and the insurance policies. Once you have reviewed the enclosed, if you have any questions, please call me so we can discuss them. I understand we are set for closing on July 19, 1974 at the City Hall. I will shortly send you the signed purchase agreement. Very truly yours, TSE /abc Thomas S. Erickson Enclosures cc: Mr. J. N. Dalen ,,,.-)(w /closing statement and agenda only) DORSEY, MARQUART, WINDHORST, WEST 8, HALLADAY DONALD WEST WILLIAM J. HEMPEL 2300 FIRST NATIONAL BANK BUILDING FAITH L OHMAN WILLIAM E. MARTIN WALDO F. MARQUART JOHN S. HIBBS DAVID A RANHEIM WILLIAM H. HIPPEE. JR. JON" W. WINDHORST ROBERT 0. FLOTTEN D. MINNEAPOLIS, M I N N E S O TA 5 5 4 0 2 ROBERT J. SILVERMAN STEPHEN G. SHANK HENRY MALLADAY JULE M. "ANNAFORD JOHN LEVINE ROBERT J. STRUYk WILLIAM R. HIBBS JOHN 0. KIRBY ROBERT A. BURNS TONI A BEITZ ARTHUR B. WHITNEY MICHAEL A OLSON PHILIP F. BOELTER MICHEL A LAFOND RUSSELL W. LINOOUIST LARRY W. JOHNSON (612) 340- 2600 WILLIAM S. PAYNE BRADFORD L. FERGUSON DAVID R. BRINK THOMAS S. HAY CABLE: DORO W JAN STUURMANS ROGER J. MAGNUSON MORALE HITCH G. LARRY GRIFFITH R. A, HIB85 JAY VIRGIL H. HILL. CRAIG A BECK TELEX: 29 -0605 EN K.CTZBAUER STEVEN JAY COOK COOK ROBERT V TAR BOX DAVID L EY TELECOPIER°(612) 340 -2868 F ONEKPLIN DAVID N. FRONEK STANLEY REIN ° ROBERT J. JOHNSON M. B. MASSELOUIST 0. MOE THOMAS 0. MOE JAMES H. OHAGAN THOMAS W. TINKMAM JON F. TUTTLE CHARLES L. POTUZNIK VERLANE L ENOORF PETER DORSEY JOHN MASON 1468 W —FIRST NATIONAL BANK BUILDING ROBERT A HEIBERG DENNIS BURATTI GEORGE P. FLANNERY MICHAEL W WRIGHT $T. PAUL. MINNESOTA 55101 EMERY W BARTLE GEORGEANN BECkER CURTIS L. ROY ARTHUR E. WEISBERG LARRY L. VI CKREY LOREN R. KNOTT (612) 227 -8017 MICHAEL J. RADMER PAUL 5 ROBERT GLAZES BARRY D. GLAZER DUANE E. JOSEPH PHILLIP H. MARTIN L STINp L PETER HENDRIXSON JAMES B. VESSEY REESE C. JOHNSON RUCA MICHAEL TRUCANL MICHAEL MAY WILLIAM A. WHITLOCK CHARLES J. HAUENSTEIN JONATHAN VILLAGE CENTER WILLIAM J. KEPPEL fR IRVIN E J. SCNWARTZBAUER CHARLES A. GEER CHASKA, MINNESOTA 56318 JAMES AFUDER STEPHEN N GOT STEPHEN GOTTSCHALK, THOMAS M. BROWN JOHN C. ZWAKMAN (612) 448 -4012 WILLIAM A, JOHNSTONE THOMAS ELKINS CORNELIUS D. MAHONEY JOHN R WICKS WILLIAM E. BOWEN THOMAS S. ERICKSON EUGENE L JOHNSON WILLIAM P. LUTHER WILLIAM C. BABCOCK MICHAEL E. BRESS JOHN W. WINOHORST, JR MICHAEL PRICHARD 115 THIRD STREET SOUTHWEST DOUGLAS D. McFARLAND OF COUNSEL RAYMOND A REISTER WILLIAM R. SOTH ROCHESTER, MINNESOTA 55901 DAVID LBOEHNEN ALAN D GILULAHD DAVID E. BRONSON LEAVITT R. BARKER JOHN J. TAYLOR THOMAS R. MANTHCY (607) 288 -3156 LAWRENCE R. OLIVER GEORGE E ANDERSON BERNARD G HEINZEN RICHARD G. SWANSON FRANK H: VOIGT ROBERT L VANFOSSEN July 11, 1974 Edina American Legion Post No. 471 Housing Foundation, Inc. 4900 Eden Avenue Edina, Minnesota 55424 Attention Mr. H. J. Hudson Re: Sale of Property at 4900 Eden Avenue, Edina, Minnesota, to the City of Edina. Gentlemen: The City of Edina has entered into a purchase agreement with you for the purchase of the property at the above address. This agreement is dated June 24, 1974. Under the agreement you have the right of possession of certain portions of the above described property for a period of two years from the date of closing. The date of closing will be July IZ, 1974.. 13 T This letter is given to you to set forth the date of closing for the purpose of determining definitely the beginning and ending dates of your two -year period of occupancy under the agreement. This letter is given to you also for the purpose of affirming the fact that the City of Edina has no obligations to you, of any kind, by virtue of your continued possession of a portion of the property at the above address, to issue any licenses of any kind for the carrying on of any activities or other functions at the above address. Very truly yours, DORSEY, MARQUART, WINDHORST, WEST & HALLADAY TSE /abc by 4 4 Thomas S. Erickson cc: Mr. J. N. Dalen Attorney for the City of Edina, Mr. Warren C. Hyde DORSEY, MAROUART, WINDHORST, WEST & HALLADAY RECEIPT AND CONSENT The undersigned acknowledges receipt of the letter from Dorsey, Marquart, Windhorst, West & Halladay dated July 11, 1974, to which this receipt gnd consent is attached, and agrees that the date of closing is July k,f, 1974, and that the City has no obligation to issue any licenses to the undersigned as set out in said letter. Dated: July , 1974. EDINA AMERICAN LEGION POST NO. 471 HOUSING FOUNDATION, INC. by Its President and Its Secretary Abtate of Aiuneota, Countyof ....... ............................... .4.EF.W............... The foregoing inzstrztment was acknowledged before me this........ 15th .. ............... ............................... dayof ............................. Ju. ly. .............................., 1974............., by ............ .. ............................... ... ........... ............ *...... 11 ........ v...... ........ ..... ................._ of... EDINA...&'- X+t�IrAN...UGION...rGST...I.0- ....4.7..1 AIMING... FOUNDATION ...INCAI.,....a ..A�.i 06Qta corporation, on behalf of the corporation. THIS INSTRUMENT WAS DRAFTED BY ................ ............................... is instrument was draftiA a 2� Dafae h4arqu3ri 1ZILiadherst, Wei► ��tsalladay 2400 Ist National Bank OW!ess) inneapos, mneso a ............................................................... i...... ............................... (SEAL) a Qi v O A d b M p A � � i r .46) v` ' W4 to rz PC! a en olc ~to �•�.. o r C� g�A cj ti �lOD s� { We, the undersigned,,NDALL K. KNEEN and STANLEY N. NAGELL, respectively the President and Secretary.,pf EDINA AMERICAN LEGION POST NO. 471 HOUSING FOUNDATION, INC., a corporation— organized under the provisions of Chapter 317 of the Minnesota Statutes, .do hereby certify that at a special meeting of the Board of Directors of said Corporation duly called and held in the office of the Corporation in the City of Edina, County of Hennepin, State of Minnesota, on the 6th day of March` 1974, for the purpose of approving the sale of its real estate at 4900 Eden Avenue, Edina, Minnesota, to the City of Edina pursuant to the provisions of said Chapter, the following Resolution was duly adopted by the affirmative vote of a majority of the Directors of the Corporation, to -wit: "WHEREAS, the Edina American Legion Post No. 471 Housing Foundation, Inc. has received an offer to purchase its real estate at 4900 Eden Avenue, Edina, Minnesota, from the City of Edina, and WHEREAS, said real estate is substantially all of the assets of the Corporation, and WHEREAS, it is recommended by the Board of Directors that the sale of the property be approved and the Directors and Officers of the Corporation be authorized and directed to effect such a sale, and WHEREAS, the Board of Directors of said Corporation, in recommending said sale, are acting pursuant to Minnesota Statutes, Section 317.26, subdivision 20); NOW, THEREFORE, BE IT RESOLVED, that this Corporation, by and through its Board of Directors, hereby recommends to the members` the sale of its real estate at 4900.-Eden Avenue, Edina, Minnesota, to the City of Edina, all in accordance with the proposed offer of said City of Edina at a purchase prise of Sixty Thousand and No /100 '($60,OQO.00)` Dollars, and BE IT FURTHER RESOLVED, that the Board of Directors recommend that the President and Secretary of this Corporation be authorized and directed to execute and deliver such deeds, contracts or other documents as may be necessary to consummate the sale of said land to the City of Edina. That said resolution was thereupon at the same place and immediately following the action of the Board of Directors, presented to the members of the`Corporation pursuant to notice,to Aeach.oftthe members of said Corporation, there being present a quorum, the members did, by an affirmative vote of a majority of them thereat, adopt and approve the following Resolution: " NOW, THEREFORE, BE IT RESOLVED, that this Corporation by and through its members, hereby adopts and approves the sale of its real estate at 4900 Eden Avenue, Edina, Minne sota, to the City of Edina, for a sale price of Sixty Thousand Dollars and no /100 ($60,000.00) Dollars, or as close thereto as the Officers and Directors of the Corporation may attain, and BE IT FURTHER RESOLVED, that the Board of Directors through the President and Secretary of this Corporation be, and they are, hereby authorized and directed to execute and deliver such deeds, contracts or other documents as may be necessary to consummate the sale of said land to the City of Edina, and BE IT FURTHER RESOLVED, that said action may be accomplished without further meeting of the members of the Corporation That the undersigned further certify that at a special meeting of the Board of Directors of said Corporation duly called and held in the office of the Corporation on the 5th day of May, 1974, for the purpose of approving the final sale of the Corporation's real estate to the City of Edina, did duly adopt by .the affirmative vote -of,a mojoxity of the Directors of said Corporation the following Resolution, to -wit: "WHEREAS, the City of Edina has made a firm offer of Sixty Thousand and�.no /160 ($60,000.00) Dollars for the purchase-6f the Corporation's'�rea l estate, and WHEREAS•. the CorporationF shall have the right to use the premises for a period of two (2) years from and after the date, -,of the 4a1e of said property; NOW, THEREFORE, BE IT RESOLVED, that this Corporation by and through its Board of Directors ,;hereby approves the terms of the sale of its real estate at 4900 Eden Avenue, Edina, Minnesota, to the City of Edina for the.purchase price of Sixty Thousand and No /100 ($60,000.00)' Dollars and in accordance with the other terms of the proposed offer presented to the Board of Directors therewith and BE IT FURTHER RESOLVED, that the President and Secretary of this Corporation be, and they are, hereby authorized and directed to execute and deliver such deeds, contracts or other documents as may be necessary to consummate the sale of said land to the City.of Edina.. -2 IN WITNESS WHEREOF, we have hereunto subscribed our names as President and Secretary, respectively, of EDINA AMERICAN LEGION POST NO. 471 HOUSING FOUNDATION, INC. this /o day of July, 1974. EDINA AMERICAN LEGION POST NO. 471 HOUSING FOUNDATION, INC. Kbndall.K. Kneen, President Stanley N age , ecr ry STATE OF MINNESOTA j Ss. COUNTY OF HENNEPIN ) On this / day of July, 1974, before me personally appeared KENDALL K. KNEEN and STANLEY N. NAGELL, to me known to be respectively the President and Secretary of EDINA AMERICAN LEGION POST NO. 471 HOUSING FOUNDATION, INC., who executed the foregoing instrument and acknowledged that they executed the same as their free act and deed as such President and Secretary respectively. John J. Waters, Notary Public, Hennepin Coun y, Minn sot commission expires Dece r l 1978. JOHN J. WATERS NOTARY PUBLIC -MINNESOTA HENNEPIN COUNTY My Commission Expires Dec. 12, 1978 VV ACM fi ik: r M N C 3 D m Z _ M O m 3 QA c� D O Z Q � to p N .n A Z M N O S The following matters are covered in this'Abstract: INFORMATION CONTAINED IN THE CURRENT CERTIFICATE OF TITLE and instruments subse- quently filed in the office of Registrar of Titles,' 'GENERAL TAXES. (Search for special assess ments is made only where specifically ordered). BANKRUP -ICY SEARCH in U. S. District Court, District of Minnesota, 4th Division, against all registereikowners for the past ten years. FEDERAL TAX LIENS docketed in U. S. District Court, District of Minnesota' Third Division against all registered owners, -for the past ten years, and those filed in the office of Register of Deeds, Hennepin County, Minnesota, against all registered owners for the past ten years. HENNEPIN COUNTY PROBATE MATTERS which might indicate death or any disability of the regis- tered owner since the date of the current Certifi- cate of Title. EASEMENTS, if any, shown on the recorded or registered plat. COMPLETE TITLE SERVICE TITLE INSURANCE ESCROW SERVICE ABSTRACTS OF TITLE SEARCHES FOR TAXES, .-JUDGMENTS IN STATE s AND FEDERAL COURTS, BANKRUPTCY PROCEEDINGS SPECIAL ASSESSMENT SEARCHES CHATTEL MORTGAGE ABSTRACTS FEDERAL TAX LIEN SEARCHES IN FEDERAL COURT, THIRD DIVISION RECORDING SERVICE REGISTERED PROPERTY ABSTRACTS :Y i Order No. 682731 Registered Property (TORRENS TITLE) Abstract COVERING Certificate No. 205569 Re John J. Waters Deliver to Dorsey Law Firm First a na dg- Minneapolis, Minnesota ATTN: TOM ERICKSON TITLE INSURANCE, COMPANY OF MINNESOTA TITLE INSURANCE BUILDING MINNEAPOLIS, MINNESOTA 55401 Telephone 332 -5111 Area Code 612 CONVERSION TABLES Rods Few Rods Poet Rods Feet .Reds Few Rods Feet Reds feet Rods Fast Reds Feat Rods Few Rods few 1 16.5 11 181. 21 346.5 31 511.5 Al 676.5 51 841.5 61 1006.5 71 1171.5 81 1336.5 91 1501.5 2 33.0 12 198. 22 363.0 32 528.0 42 693.0 52 858.0 62 1023.0 72 1188.0 '82 1353.0 92 1518.0 3 49.5 13 214. 23 379.5 33 544.5 43 709.5 53 874.5 63 1039.5 73 1204.5 83 1369.3 93 1534.5 4 66.0 14 231. 24 396.0 34 561.0 44 726.0 54 891.0 64 1056.0 74 1221.0 84 1386.0 94 1551.0 5 82.5 1 S 247. 25 412.5 35 577.5 45 742.5 55 907.5 65 1072.5 75 1237.5 .85 1402.5 95 1567.5 6 99.0 16 264. 26 429.0 36 594.0 46 759.0 56 924.0 66 1089.0 76 1254.0 86 1419.0 96 1584.0 7 115.5 17 280. 27 445.5 37 610.5 47 775.5 57 940.5 67 1105.5 77 1270.5 87 1435.,5 97 1600.5 8 132.0 18 .2" 28 462.0 38 627.0 48 792.0 58 957.0 68 1122.0 78 1287.0 AS 1452:0 98 1617.0 9 148.5 .14 . 3131 29 478.5 39 643.5 49 808.5 59 973.5 69 1138.5 79 1303.5• X89 1468.5 99 1633.5 10 165.0 20 330. 30 495.0 40 660.0 50 825.0 60 990.0 70 1155.0 80 1320.0 90 1485.0 100 165010 Rods to fast from 1 to 100 Chains Feat Chains am Chains Feat Chains Fast Links Few Links Feet Links Feet Links Feet Links feet 1 66 11 26 21 1386 31 2046 1 .66 11 7.26 21 13.86 31 20.46 41 27.06 2 132 12 92 22 1452 32 2112 2 1.32 12 7.92 22 14.52 32 21.12 42 27.72 3 198 13 58 23 1518 33 2178 3 1.98 13 8.58 23 15.18 33 21.78 43 28.38 4 264 14 24 24 1584 34 2244 4 2.64 .14 9.24 24 15.84 34 22.44 44 29.04 5 330 15 90 25 1650 35 2310 5 3.30 15 9.90 25 16.50 35 23.10 45 29.70 6 396 16 1 56 26 1716 36 2376 6 3.96 16 .10.56 26 17.16 36 23.76 46 30.36 7 462 17 1122 27 1782 37 2442 7 4.62 17 11.22 27 17.82 37 24.42 47 31.02 8 528 18 1188 28 1848 38 2508 8 5.28 18 11.88 28 18.48 38 25.08 48 31.68 9 594 19 254 29 1914 39 2574 9 5.94 19 12.54 29 19.14 39 25.74 49 32.34 10 660 20 320 30 1980 40 2640 10 6.60 20 13.20 30 19.80 40 26.40 50 33.00 Chains o foot from 1 to 40 Links to fed from i to 50 A SECTION OF LAND -640 ACRES N_W. OR. Nom IiUARIIR.�� .. N.E. COL 2 e: s O N 3 T RE OF MEASUREMENTS Fosr so Roar 10 CH N N O e link equals 7.92 inches V o • rod equals 16.5 ft. or 25 links 0 ROS' • chain equals 66 ft., 100 links, or 4 rods N O • mile equals 5,280 ft., 320 rods, or 80 chains vi o ne square rod contains 272.25 sq. ft. a v 10 AC. no acre contains 43,560 sq. ft., 160 sq. rods., or a 10 square chains 0. 10 CHAINS 20 CHAINS v, side of an acre equals 208.71 feet Z � 80 ACRES EEC* :2 K X"i a r v 0 40 ACRES � N CE N R OF 20 CHAINS 1320 FEET o %4 LINE SE ION �A LINE SECTIONAL MAP OF A TOWNSHIP WITH ADJOINING SECTIONS :36 31 32 33 34 35 36 31: 1 6 5 1 4 3 2 1 6 160 ACRES :12 7 1 12 7 ;13 18 1 13 18 o 04 :24 19 20 21 22 23 24 19 i 25 30 29 28 27 26 21 , ; .......................... :..s ...: soum uAmit S. . COR. POST S.E, COR. TIM FORM 69 Order No. 682731 REGISTERED PROPERTY ABSTRACT This abstract covers Certificate of Title No. 205569 dated October 2 2, 1953 (originally registered April 1 + 1940 ), registered in Vol. 6 7 5 page 2 0 5 5 h A in the office of the Registrar of Titles of Hennepin County, Minnesota. The TITLE INSURANCE COMPANY OF MINNESOTA does hereby certify: That the property described in the Certificate of Title appears therein as follows: Tracts B and C, Registered Land Survey No. 212, Files of Registrar of Titles, County of Hennepin. That according to said Certificate, the property is registered in the following names: Edina American Legion Post No. 471 Housing Foundation, Inc. (Minnesota Corporation) That recitals appear therein as follows: Tract B is subject to the restrictions created by Deed Doc. No. 373135, Files of Registrar of Titles. (See exhibit A hereto attached) 4 Page 1 of page Certificate. [f8 That the unreleased encumbrances, liens and interest noted by the memorials underwritten or endorsed thereon appear as follows: Albert Graber, Registered Engineer and Surveyor to The Public Edina American Legion Post No. 471 Housing Foundation Inc. (Minnesota Corporation) to The Village of Edina (Municipal Corporation) Memorial Plat Dated - -- Filed April 10, Doc. No. 155596 Showing Judicial On Tract B. (and other land) 1940 Landmarks Easement Dated June 15, 1955 Filed July 7, 1955 Doc. No. 465870 Consideration $1.00 etc. Granting an easement over the South 35 feet of Tract "C" Registered Land Survey No. 212 for roadway purposes. That no notice of probate or, incompetency proceedings appears from the indexes to Estates of Deceased persons and Wards in the office of the Clerk of Probate Court, Hennepin County, Minnesota, as to the Registered owner or any parties joining with the registered owner in the mortgage or mortgages shown above. 2 4 Page —of page Certificate TIM FORM 67 That where the premises in question are platted, the recorded or registered plat thereof shows no easements within the boundaries of said premises for utility, drainage or other purposes. That according to the General Tax Books of said County, there are no unpaid real estate taxes and no Tax Sales which appear unredeemed, unmerged or uncancelled against the above described property e x c e p t Taxes for 1974 amount $2,186.72'not paid and penalty. (Assessment also covers other land) (Assessed in the name of Edina American Legion Post No. 471 Housing Foundation, Inc.; Plat 74910; Parcel 1050; Edina #24). That within the last ten years no bankruptcy proceedings and no Notices of Internal Revenue Tax Liens appear docketed in the United States District Court, District of Minnesota, Fourth Division, and no Notices of Internal Revenue Tax Liens appear recorded in the office of the Register of Deeds, Hennepin County, Minnesota, or filed in the United States District Court, District of Minnesota, Third Division against any of the registered owners of the premises in question during said ten year period, or against parties, if any, joining with the registered owner in the mortgage or mortgages shown above, which affect the title to the premises in question . 3 4 Page of page Certificate TIM FORM 66 That the following statutory exceptions appear on the Certificate: 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. NOTE: If premises covered by the foregoing Abstract are to be divided and conveyed by language necessary to describe said portion, other than by simple, fractional or quantity parts, order of the District Court, Fourth Judicial District, Hennepin County, Minnesota, provides for the filing of a "Registered Land Survey" when so required by the Registrar of Titles. Dated at Minneapolis, Minnesota, this 13 day of at 7:00 o'clock A.M. R���,- c >( T, les o� the �ty�, The office .1 yy is a tB. „: ? s -- It 4 4 Page of — June, 1974 TITLE INSURANCE COMPANY _0 MINNESOTA Ily 2'C� Ass! ant Secretary L page Certificate I ter �.Y!. %, XLL1Ou4PoJM MdAkw rorm 114o. il—rd. Minnesota Uniform Conveyancing Rian.Li (1931). nib e n t tt r e, Of. adf. + h ............ �C .. . ........ ....day of. JUJ-,ti .......... 19..."AJ121 . ............ ............ I ..................... .................. ............ . . ...... ....... . ..... ............. ..... a corporation under the laws of the State, of ..........................M A A.e. A.Q. t a ............................ pasty of the first part, and .......... t= (f...qrAq P ... .... 4 - .. Y. f ............................. .... . .. a corporation under the laws of the State, of .... .......................M .............. ............................... ... ......................... ...... .... . party ol(- the second part, Witnezoetb, That the said party of the first part, in consideration of the sum of &R ... .... wad ... Q_tter� ... aqw.d_ a na_V. a luabkv... .Y1 ...... . ... to it in hand paid by the said party of the second part, the receipt whereof to hereby acknowledged, does here-by Brant, Bat-gain, Quitclaim, and Convey unto the said party of the second part, its successors and assigns, Forever, all the tract ... ..or parcel......... of land lying and being in the County of-, ...... ....... ................... .......................... and State of Minnesota, described as follows, to-wit: Quarter of the Southwest Quarter (NW, � of SW ) of Section Fi,�,-hteen T Yin. t part of the 211orthvest Quart ;1E) Townshiv Twent-,,cight (28), Range Twenty -four (24), dcsc_x -ibed as fr-l-lows: 00,nwn�ncing at the point of intersection of the West line of said Sep ,-lion with the Thort'_, Lili.rl ('_L Sta,;e Aid. Road No. 20, also known as Fiftieth, (I ( ,th) ',,reet, Vnence South. aion, thr- W r!' t line of said :section to its intersection with the center line of t',,- p so-called ro :ins h sa-& whic, point of Intersection is thirty-three and one hplf (33-i.) feet Sout. i line of t;aici Section from a judicial landmark I ocated at the intersection of said WF,st Line= lilit"n C.e northerly line of said Ho-okins Road; thence South eirhty (80) deIF�rpes three t'?, iiii noiz -P intersection at the center of said Road a distance of , - ,,u t P s Fast from said qt of orie houid-red eighty- -seven and fifteen hundredths (187.15) feet; therice South eight,six ('36 (58' minutes Fast along the center of the so-called Eden Pral r'.0 -t distance of ore hundred ninety-six and ninety -three hiindredths (,196.93) feet to the noint of interspc-11-ion of the West line of Lot Pleven (11) Flock Five (5), Craik's First ,'sdd Lion to Edina, Hennepin County, Minnesota, rroduced South to saki center line., -Vr1nich sat noint of Irtit mentioned intersection is thirty -three (33) feet South measured along the sa,44d 'Rest line of Lot Pleven (11) , Block Five (5) , Craik's First Addition to 7t1na from a j-,rli- mornwzipnt locatc-d at the Southwest corner of said Lot (11), Block Five (5'), ra ik' s 11 'Irst Addition, thence North from said last mentioned point of intersection along, sail production and. the said West line of Lot Pleven (11) one hundred Fighty-seven and nirot.; ,:even hundredths (187.97) feet to the Northwest corner of said Lot Eleven (11) which said 1,r)rt.,iwPst corner of said Lot Eleven (11) is marked. with a judi,�ial lardmark; thence North o the - ei'Lhtt,—nine (89) degrees twenty (20) minutes East a distance of sixty (60) feet t -OrtheaSt corner of 6PLid. Lot which smid Northeast corner is marked with a Judicial lan,imn.rk, thence Yorth two hundred ninety-eight and forty -five e hundred-t1as (298.,45) feet along an ex- ter.si.on of the East line of said Lot to the North line of State Aid Road No. 20 to a point ma,-,'ke(t with a judicial landmark, thence* northwesterly along said northerly line of said State Aid Road '-`,To. 20 to the point of beginning, according to the United. States Government .curve,, thereof, and according to the plats thereof on file and of record in the offf._ of "he Regis-iler of Dec;ls in and for said Hennepin County. � eed. is given -for the sole purpose of cancelling, releasing and removing the restric- ti•n. contained in Certificate of Title No. 101002 which was created by deed Document No. 2182,C1S4, Files of Registrar of Titles, Hennepin County, Minnesota restricting the property Jcscribed, for church and school purposes only, upon the understanding that it is not to '6e used. for commercial, industrial or multiple ple housing units. It ma,,,, however, be d ,:,se M,trlcinal Corporation or any lawful public purpose. To Jbabc anb to Jj)o1b the *atnc, Together with all the hereditaments and appurtenances there- unto belonging or in anywise appertaining, to the said party of the second part, its successors and assigns, Forever. N Ttotimonp Wbertd, The said first party has caused these presents to be executed in its corporate name by its ..... ............................... Pre,8;dent and its... ....... Secxztary ..................and its corporate seal to be hereunto affixed the day and year flrat above written. 'kv-s ... THUZZ"RROA.L., ..... ........... ........... In Presence of .............. .................... Its ............ ......................President .... ............ Its.........: ......... .......... ...... Filed 8-12-52 Exhibit A D oc. No. 373135 Mr. J. N. Dalen Edina Director of Finance 4801 West 50th Street Edina, Minnesota 55424 Re: American Legion Post. Dear Jerry: On July 15, 1974 we closed the acquisition of the American Legion Post property. In connection with that purchase, I enclose the following for your files: 1. Fully executed copy of the purchase agreement. 2. A conformed copy of the deed, which is now being filed. 3. A certified copy of resolutions adopted by the directors and members of the American Legion Post authorizing the sale to Edina. 4. An opinion letter from John J. Waters, attorney for the Post, stating that the sale has been duly authorized by the Post. 5. Certificate of insurance evidencing liability coverage on the Post property of $300,000/$300,000 /$25,000 and fire and extended coverage in the amount of $45,000. Also attached is a binder of insurance whereby the City of Edina will be added as a named insured to the liability and fire insurance policies. 6. A letter from me to the Post reciting that the closing date is July 15, for the purpose of establishing the Post's two -year occupancy, and further reciting that the City has no obligation to issue any licenses. When the receipt and consent has been signed by the Post, I will forward them to you. 7. Abstract of title to Part of Lots 10 and 11, Block 5, Craik's First Addition to Edina, last certified to May 10, 1974, 7:00 A.M., by Title Insurance Company of Minnesota. DORSEY, MARQUART, WINDHORST, WEST & HALLADAY DONALD WEST WILLIAM J. HEMPEL 2300 F I R S T NATIONAL B A N K BUILDING FAITH L OHMAN WILLIAM E. MARTIN WALDO F. MAROUART JOHN S. HIBBS DAVID A RANHEIM WILLIAM H. HIPPEE, JR. JOHN W. WINDHORST ROBERT O. FLOTTEN ROBERT J. SILVERMAN STEPHEN G. SHANK HENRY SALLADAY JOHN D. LEVINE M I N N E A P O L I S, M I N N E S O TA B 5 4 0 2 WILLIAM R. HIBBS ROBERT A. BURNS JULE M. HANNAFORD ROBERT J. STRUYK JOHN D. KIRBY TONI A. SEITZ ARTHUR B. WHITNEY MICHAEL A. OLSON PHILIP F. BOELTER MICHEL A. LAFOND RUSSELL W. LINDOUIST LARRY W. JOHNSON (612) 340 -2600 WILLIAM S. PAYNE BRADFORD L. FERGUSON DAVID R. BRINK HORACE HITCH THOMAS S. HAY G. LARRY GRIFFITH CABLE: DORO W JAN STUURMANS R. A. SCHWARTZBAUER ROGER J. MAGNUSON J. ROBERT HIBBS VIRGIL H. HILL CRAIG A. BECK TELEX: 29 —0605 STEVEN K. CHAMPLIN JAY COOK ROBE RT V. TAR BOX ROBERT J. JOHNSON DAVID LMcCUSKEV THOMAS O. MOE TELECO PIER:(612)340-2868 DAVID N. FRONEK THOMAS W. TINKHAM STANLEY REIN CHARLES L. POTUZNIK M. B. HASSELOUIST JAMES H. O'HAGAN JON F. TUTTLE VERLANE L. ENDORF PETER DORSEY JOHN M. MASON 1468 W —FIRST NATIONAL BANK BUILDING ROBERT A. HEIBERG DENNIS BURATTI GEORGE PFIANNERY MICHAEL W. WRIGHT ST. PAUL, MINNESOTA 55101 EMERYW BARTLE GEORG EANN BECKER CURT I5 L. ROY ARTHUR E. WEISBERG LARRY L. VICKREY LOREN R. KNOTT (612) 227 -8017 MICHAEL J. RADMER PAUL SCHEERER ROBERT HOBBINS BARRY D. GLAZER DUANE E. JOSEPH PHILLIP H MARTIN CURTIS L. STINE PETER HENDRIXSON JAMES B.A. VESSEY REESE C JOHNSON MICHAEL TRUCANO NICKY HAY WILLIAM WHITLOCK CHARLES J. HAUENSTFM JONATHAN VILLAGE CENTER WILLIAM J. KEPPEL IRVING WEISER E. J. SCHWARTZBAUER CHARLES A. GEER CHASKA, MINNESOTA 55318 JAMES A FLADER STEPHEN GOTTSCHALK THOMAS M. BROWN JOHN C. ZWAKMAN (612) 448 -4012 WILLIAM A. JOHNSTONE THOMAS ELKINS CORNELIUS D. NAM ONEY JOHN R. WICKS WILLIAM E. BOWEN THOMAS S. ERICKSO0 EUGENE L. JOHNSON WILLIAM P. LUTHER WILLIAM C. BABCOCK JOHN W. WINDHORST. JR. DOUGLAS D. McFARLAND OF COUNSEL MICHAEL E. BRESS MICHAEL PRICHARD 116 THIRD STREET SOUTHWEST DAVID L. BO EHNEN DAVID E. BRONSON RAYMOND A. REISTER WILLIAM R. SOTH ROCHESTER, MINNESOTA 55901 ALAN D. GILLILAND LEAVITT R. BARKER JOHN J. TAYLOR THOMAS R. MANTHEY (507) 286 -3156 LAWRENCE R. OLIVER GEORGE E. ANDERSON BERNARD G. HEINZEN RICHARD G. SWANSON FRANK H. VOIGT ROBERT L. VANFOSSEN July 15, 1974 Mr. J. N. Dalen Edina Director of Finance 4801 West 50th Street Edina, Minnesota 55424 Re: American Legion Post. Dear Jerry: On July 15, 1974 we closed the acquisition of the American Legion Post property. In connection with that purchase, I enclose the following for your files: 1. Fully executed copy of the purchase agreement. 2. A conformed copy of the deed, which is now being filed. 3. A certified copy of resolutions adopted by the directors and members of the American Legion Post authorizing the sale to Edina. 4. An opinion letter from John J. Waters, attorney for the Post, stating that the sale has been duly authorized by the Post. 5. Certificate of insurance evidencing liability coverage on the Post property of $300,000/$300,000 /$25,000 and fire and extended coverage in the amount of $45,000. Also attached is a binder of insurance whereby the City of Edina will be added as a named insured to the liability and fire insurance policies. 6. A letter from me to the Post reciting that the closing date is July 15, for the purpose of establishing the Post's two -year occupancy, and further reciting that the City has no obligation to issue any licenses. When the receipt and consent has been signed by the Post, I will forward them to you. 7. Abstract of title to Part of Lots 10 and 11, Block 5, Craik's First Addition to Edina, last certified to May 10, 1974, 7:00 A.M., by Title Insurance Company of Minnesota. DORSEY, MAROUART, WINDHORST, WEST a HALLADAY Mr. J. N. Dalen Page 2 July 15, 1974 8. Registered Property Abstract to Tracts B and C, R.L.S. No. 212, Files of Registrar of Titles, dated as of June 13, 1974. Please review the enclosed certificate of insurance. Are the dollar amounts of liability coverage acceptable? Is the amount of fire insurance acceptable? If not, please advise, and the Post will obtain whatever you require in the way of coverage. Also, we should obtain a copy of the policy itself. Will you please see to the obtaining of that policy. The property should be now exempted from real estate taxes as to all but the "Retained Premises" as described in paragraph 10 of the purchase agreement. Will you please discuss such exemption with Kent Swanson. The exemption should begin with the real estate taxes due and payable in 1975. A member of the Post will be delivering to your office the keys for the Post building. Under the agreement, the City has the right of access to all of the property other than the Retained Premises. When we have received back the recorded deed and the owner's duplicate certificate of title, we will forward those to you. TSE /abc Enclosures cc: Mr. Warren C. Hyde (w /o encs.) Very truly yours, Thomas S. Erickson Warranty Deed, Except Assessments. Corporation to Corporation Form No. la—M. Miller -Davis Co., Minneapolis Minnesota Uniform Conveyancing Blanks (Revised 1973) ' 15th i� ubeuture, Made this .................... ............................day of ................. Jule ............................... between ........ .....INA AMERICAN LEGION POST N0. 471 HOUSING FOUNDATIONS... INC-, ............ ............................... ...... ................................................... ............................... ........................... a corporation under the laws of the State of........... ummtA ........ ........................., party of the first part, and THE CITY OF EDINA municipal alcorporation Minnesota under the Laws of the State of .......................................... .............................., partY ............ of the second part, WittYe00b, That the said party of the first part, in consideration of the sum. of ..... ............................... One Dollar (.1.00) and other good and valuable considerati � ............. .... ............................... .......................... ............................... to it in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, does hereby Grant, Bargain, Sell, and Convey unto the said party of the second part, its successors and as- signs, Forever, all the tract......... or parcel ......... of land lying and being in the County of ......... 4 AP ............... and State of .Minnesota, described as follows, to -wit: Tracts B and , Registered Land Survey No. 212, Files of Registrar of Titles, County f nepin�Also, that part of Lots 10 and 11, Block 5, Craik's First Addition to Edina, described as follows: Beginning at the Southeast corner of said Lot 10; thence Northwesterly along the Northeasterly line of said Lot, a distance of 114.5 feet to a point 98.0 feet Southeasterly from the most Northerly corner thereof; thence South 79 degrees, West, a distance of 82.66 feet to a point on the West line of said Lot 11, distant 29 feet Southerly from the Northwest corner thereof; thence Southerly along the Westerly line of said Lot 11, a distance of 60.07 feet to a point 65.72 feet Northwesterly from the Southwest corner thereof; thence deflecting to the left at an -",angle of 11 degrees and running Southeasterly 67.65 feet to a point an the Southerly line of said Lot 11, distant 12.927 feet Easterly from the Southwesterly corner thereof; thence Easterly and Northeasterly along the Southerly and Southeasterly line of said Lots 10 and 11 to the point of beginning, according to the plat thereof on file and of record in the office of the Register of Deeds in and for Hennepin County, Minnesota. To Jbabe anb to jboib the 6atne, Together with all the hereditaments and appurtenances there- unto belonging, or in anywise ap_pe� Ame� can Leg on Post fNo. 471 Housing Four ation, Inc., signs, Forever..I Ind the said......... F.... d ............................................................................................................................................. ............................... ............................................................................................................................................................................................................................ ............................... party of the first part, for itself and its auoeessors, does covenant with the said party of the second part, its successors and assigns, that it is well seized in fee of the lands and premises aforesaid, and has good right to sell and convey the same in manner and form aforesaid, and that the same are ree from all incumbrances, extent building and zoning laws, ordinances, State and Federa regulations; reservations of any minerals or mineral rights to the State of Minnesota And',itility easements of record, if any; Tau Statement for Real Property described in this instru>sent shall be sent to: The City of Edina 4801 West 50th Street Edina, Minnesota 55424 .................................... ............................... ............................the lien of all unpaid special assessments and interest thereon. .......................................................................................................................................................................................................................... ............................... .......................................................................................................................................................................................................................... ............................... ✓!nd the above bargained and granted lands and premises, in the quiet and peaceable possession of the said party of the second part, its successors, and assigns, against all persons lawfully claiming or to claim the whole or any part thereof, subject to incumbrances ..................... . heretnbefore, mentioned, the said party of the first part will Warrant and Defend. STATE DEED TAX DUE HEREON: FAT In Teotimon -P Wbereof, The said first party has caused these presents to be executed in its corporate name by its ..... ............................... President and its ................ Secretary .............. and ita a pz t . rp Lta- No Seal b&A*xe.unta-a# red -.thee dad and year frs± cb ^rs x:r-iu�t. EDINA AMERICAN LEMON POST NO. 471 hOUSING FOUNDATION, INC. .............................................................................................. ............................... By...,, /s/ ,Kendall K. Kneen ........................................ ............................... Its .............. ......................President /s/ Stanley N.- Nagell ................ ...... .... ............................... Its........... S. ecy.. ......... ............................... btate of Anntoota 1, s3. Countyof ............ ..........................HWINPIN ............... The foregoing instrument was acknowledged before me this ........ l5th ......................................... ....... ... .......... ..... .... I ......... .... dayof, ........................... July .. . ..... ... . .... .... . . 197.4............, by ............................................... ....................................... ';... �...................................... of..,ED ... RIQAN ... LZGlOK ... r.QS.T ... NQ.....47.1 MOU.S..=_ FOUNDATION ... INC.,.._ .4.111=069t4 corporation, on behalf of the corporation. THIS INSTRUMENT WAS DRAFTED BY .................../ s1...John...J.,.... Waters.................. ............................... This instrument was ro • a V Dorsey, MarRuavi' W' d t, West l �aliaday .................................................. .............................1,.......... ......................... ...... . 2400 1st National Bank Oftess) Minneapolis, Mumewta _ ........................................... ............................... (SEAL) A IN a ti J o W W a x z As b q � U v C Z5 I,.l 47 �W x -a� N p v o 0 0� �e h v OW M y .��+ CZ NJ v •y�A C? V — i Zi Z. Pe cc h izt U Q, .0 it tl7 D � v A T C1 .0 � c awt ,a E C � C � Cu 3 v _H 0 0 O .RC r+ C �Onz- 1 ,[ C O ILL W S2 Q P't LL. AGM - C Z5 I,.l 47 �W x -a� N p v o 0 0� �e h v OW M y .��+ CZ NJ v •y�A C? V — i Zi Z. Pe cc h izt U Q, .0 it tl7 D � v A T C1 .0 � c awt ,a DORSEY, MARQUART, WINDHORST, WEST Bc HALLADAY DONALD WEST WILLIAM J. HEMPEL 2300 FIRST NATIONAL BANK BUILDING FAITH L OHMAN WILLIAM E. MARTIN WALDO F. MAROUART JOHN S. HIBBS DAVID A. RANHEIM WILLIAM H. HIPPEE, JR, JOHN W. WINDHORST HENRY HALLADAY ROBERT O. FLOTTEN JOHN D. LEVINE MINNEAPOLIS, MINNESOTA 55402 ROBERT J. SILVERMAN WILLIAM R. HIBBS STEPHEN G. SHANK ROBERT A, BURNS JULE M. HAN NAFORD ROBERT J. STRUYK JOHN 0. KIRBY TONI A. SEITZ ARTHUR 8. WHITNEY MICHAEL A. OLSON PHILIP F. BOELTER MICHEL A. LAFOND RUSSELL. W L NDOUIST LARRY W. JOHNSON (612) 340 -2600 WILLIAM B. PAYNE BRADFORD L. FERGUSON DAVID R. BRINK HORACE HITCH THOMAS S. HAY G. LARRY GRIFFITH CABLE: DOROW JAN STUURMAHS R. A. SCHWARTZBAUER ROGER J. MAGNUSON J.ROBERT HIBBS VIRGIL H. HILL CRAIG A. BECK TELEX: 29 - 0606 STEVEN K. CHAMPLIN JAY COOK ROBERT V. TARBOX ROBERT J. JOHNSON DAVID LWCUSKEY THOMAS O MOE TELECOPIER:(612)34O-286$ DAVID N. FRONEK THOMAS W. TINKHAM STANLEY REIN CHARLES L. POTUZNIK K HASSELOUIST JAMES H. OHAGAN JON F.TUTTLE VERLANE L. ENDORF PETER DORSEY JOHN M.MASON BUILDING K B 1468 W -FIRST NATIONAL BANK B ROBERT K HEIBERG DENNIS BURATTI GEORGE P. FLANNERY MICHAEL W. WRIGHT ST PAUL. MINNESOTA . EMERY W BARTLE GEORGEANN BECKER CURTIS L. ROY ARTHUR E. WEISBERG LARRY L. VICKREY LOREN R. KNOTT (612) 227 -8017 MICHAEL J. RADMER PAUL SCHEERER ROBERT HOBBINS BARRY D. GLAZER DUANE E. JOSEPH PHILLIP H. MARTIN CURTIS L. STINE PETER HENDRIXSON JAMES B. VESSEY REESE C. JOHNSON MICHAEL TRUCANO NICKY HAY WILLIAM A WN ITLOCK CHARLES J HAUENSTEIN JONATHAN VILLAGE CENTER WILLIAM J. KEPPEL IRVING WEISER E. J. SCHWARTZBAUER CHARLES A. GEER CHAS KA, MINNESOTA 55318 JAMES A. FLADER STEPHEN GOTTSCHALK THOMAS M. BROWN JOHN C. ZWAKMAN (612) 448 -4012 WILLIAM A. JOHNSTONE THOMAS ELKINS CORNELIUS D. MAHONEY JOHN R WICKS WILLIAM E. BOWEN THOMAS 5. ERICKSON EUGENE L. JOHNSON WILLIAM P. LUTHER WILLIAM C. BABCOCK JOHN W WINDHORST,JR DOUGLAS D. MCFARLAND OF COUNSEL MICHAEL E. BRESS MICHAEL PRICHARD 115 THIRD STREET SOUTHWEST DAVID L.SOEHNEN DAVID E. BRONSON RAYMOND A. REISTER WILLIAM R. SOTH ROCHESTER, MINNESOTA 55901 ALAN D. GILLILAND LEAVITT R. BARKER JOHN J. TAYLOR THOMAS R. MANTHEY (S 07) 288-3156 LAWRENCE R. OLIVER GEORGE E. ANDERSON BERNARD G. HEINZEN RICHARD G SWANSON FRANK H. VOIGT ROBERT L. VANFOSSEN June 18, 1974 Mr. J. N. Dalen Edina Finance Director 4801 West 50th Street Edina, Minnesota 55424 Re: Legion Hall Property. Dear Jerry: Enclosed is our title opinion for a portion of the Legion Hall property. We have not yet examined title to the Torrens portion. That we hope to do shortly. You will note there are no title objections which will cause any difficulty in connection with closing. TSEjabc Enclosure cc: Mr. Warren C. Hyde Very truly yours, q\--IIIII,IIIIIIIIIIIIIII-��� Thomas S. Erickson K DORSEY, MARQUART, WINDHORST, WEST & HALLADAY DONALD WEST WILLIAM J. HEMPEL 2300 F IRS T NATIONAL B A N K BUILDING FAITH L. OHMAN WILLIAM E. MARTIN WALDO F. MARQUART JOHN S. HIBBS DAVID A. RANHEIM WILLIAM H, HIPPEE,JR. JOHN W. ROBERT ROBERT J. ILVERMAN STEPHEN G. SHANK HENRY HALILADAYRST LEVINETEN M I N N E A P O L I S, M I N N E S O TA 5 S 4 O 2 H WILLIAM R. HIBBS ROBERT A, BURNS JULE M. HANNAFORD ROBERT J. STRUYK JOHN D. KIRBY TONI A. SEITZ ARTHUR B.WHITNEY MICHAEL A. OLSON PHILIP F. BOELTER MICHEL A. LAFOND RUSSELL W LINDOUIST LARRY W. JOHNSON (612) 340-2600 WILLIAM B. PAYNE BRADFORD L. FERGUSON DAVID R. BRINK HORACE HITCH THOMAS S. HAY G. LARRY GRIFFITH CABLE: DORO W JAN STUURMANS R. A. SCHWARTZBAUER ROGER J. MAGNUSON J, ROBERT HIBBS VIRGIL H. HILL CRAIG A. BECK TELEX: 29 —0605 STEVEN K. CHAMPLIN JAY COOK ROBERT V TARBOX ROBERT J. JOHNSON DAVID L. McCUSKEY THOMAS 0. MOE TELECOPIER:(612) 340 -2868 DAVID N. FRONEK THOMAS W. TINKHAM STANLEY REIN CHARLES L. POTUZNIK M. B. HASSELOUIST JAMES H. O`HAGAN JON F. TUTTLE VERLANE L. ENDORF PETER DORSEY JOHN M. MASON 1468 W—FIRST NATIONAL BANK BUILDING ROBERT A. HEIBERG DENNIS BURATTI GEORGE P FLANNERY MICHAEL W. WRIGHT ST. PAUL, MINNESOTA 55101 EMERY W BARTLE GEORGEANN BECKER CURTIS L. ROY ARTHUR E.WEISBERG LARRY L. VICKREY LOREN R. KNOTT (612) 227 -8017 MICHAELJ. RADMER PAUL SCHEERER ROBERT HOBBINS BARRY D. GLAZER DUANE E. JOSEPH PHILLIP H. MARTIN CURTIS L. STINE PETER HENDRIXSON JAMES B. VESSEY REESE C. JOHNSON MICHAEL TRUCANO NICKY HAY WI LLIAM A. WHITLOCK CHARLES J. HAUENSTEIN JONATHAN VILLAGE CENTER WILLIAM J. KEPPEL IRVING WEISER E. J. SCHWARTZBAUER CHARLES A. GEER CHASKA, MINNESOTA 55318 JAMES A. FLADER STEPHEN GOTTSCHALK THOMAS M. BROWN JOHN C. ZWAKMAN (612) 448 -4012 WILLIAM A. JOHNSTONE THOMAS ELKINS CORNELIUS D. MAHONEY JOHN R.WICKS WILLIAM E. BRWEN THOMAS S. ERICK SON EUGENE L. JOHNSON WILLIAM P. LUTHER WILLIAM C. BABCOCK JOHN W WINDHORST,JR. DOUGLAS D.MCFARLAND OF COUNSEL MICHAEL E. BRESS MICHAEL PRICHARD 115 THIRD STREET SOUTHWEST DAVID L. SOEHNEN DAVID E. BRONSON RAYMOND A. REISTER WILLIAM R. SOTH ROCHESTER, MINNESOTA 55901 ALAN D. GILLILAND LEAVITT R. BARKER JOHN J. TAYLOR THOMAS R. MANTHEY (507) 288 -3156 LAWRENCE R. OLIVER GEORGE E.ANDERSON BERNARD G. HEINZE14 RICHARD G. SWANSON FRANK H. VOIGT ROBERT L VANFOSSEN June 6, 1974 Honorable Members of the City Council City of Edina 4801 West Fiftieth Street Edina, Minnesota 55424 Re: That part of Lots 10 and 11, Block 5, Craik's First Addition to Edina, descri- bed as follows: Beginning at the South- east corner of said Lot 10; thence North- westerly along the Northeasterly line of said Lot, a distance of 114.5 feet to a point 98.0 feet Southeasterly from the most Northerly corner thereof; thence South 79 degrees, West, as distance of 82.66 feet to a point on the West line of said Lot 11, distant 29 feet South- erly from the Northwest corner thereof; thence Southerly along the Westerly line of said Lot 11, a distance of 60.07 feet to a point 65.72 feet Northwesterly from the Southwest corner thereof; thence deflecting to the left at an angle of 11 degrees and running Southeasterly 67.65 feet to a point on the Southerly line of said Lot 11, distant 12.927 feet Easterly from the Southwesterly corner thereof; thence Easterly and Northeast- erly along the Southerly and Southeast- erly line of said Lots 10 and 11 to the point of beginning, Gentlemen: We have examined title to the above described premises as shown by an Abstract of Title last certified to May 10, 1974 at 7:00 A.M. by DORSEY, MARQUART, WINDHORST, WEST & HALLADAY Honorable Members of the City Council June 6, 1974 Page 2 Title Insurance Company of Minnesota. Based upon such examination, we are of the opinion that as of May 10, 1974 at 7:00 A.M., fee title to said premises was vested in EDINA AMERICAN LEGION POST NO. 471 HOUSING FOUNDA- TION INCORPORATED, a Minnesota corporation, free and clear of all liens, charges and encumbrances, except as follows: 1. Real estate taxes due and payable in 1973 and prior years are paid. Real estate taxes due and payable in 1974 in the amount of $2,186.72 are unpaid. (Plat 74910; Parcel 1050; Edina 424) 2. A special assessment for a water main has been levied against the premises, there remaining to be paid the sum of $228.00 thereon. This opinion is limited to the matters shown by said Abstract of Title and records referred to therein. All matters now so shown are excepted from this opinion and include (a) rights of any parties in possession, (b) possibility of liens for improvements in process or completed on the premises within the last ninety (90) days, (c) general zoning and building laws and restrictions, (d) special assessments, (e) matters which an accurate survey of the premises would disclose, and (f) security interests in crops or fix- tures under Chapter 336, Minnesota Statutes, not appearing in the Abstract of Title. With respect to (a) above, we suggest that you satisfy yourselves that no one is in possession of the premises other than the above named fee owners, or, if anyone else is in possession, that they do not claim any title or interest in the premises. With respect to (b) above, we further suggest that you satisfy yourselves by a visual inspection of the premises that there have been no improvements in process or completed on the premises within the last ninety (90) days, or, if there have been such improvements, inquiry should be made to determine that said improvements have been paid for in full. Very truly yours, DORSEY, MARQUART, WINDHORST, WEST & HALLADAY By Dennis Buratti DB:pr PURCHASE AGREEMENT Minneapolis, Minnesota June 1974 1. Parties EDINA AMERICAN LEGION.POST NO. 471 HOUSING FOUNDATION INCORPORATED, a Minnesota corporation (hereinafter called "Seller ") hereby acknowledges receipt from THE CITY OF EDINA, a municipal corporation under the laws of the State of Minnesota (hereinafter called "Buyer "), of the sum of One Thousand and No /100 Dollars ($1,000.00), as earnest money and in part payment for the purchase of certain property situated in the City of Edina, County of Hennepin, State of Minnesota (hereinafter referred to as the "Premises "), legally described as follows: 2. Legal Tracts B and C, Registered Land Survey No. 212, Files of Registrar Description of Titles, County of Hennepin. Also, That part of Lots 10 and 11, Block 5, Craik's First Addition to Edina, described as follows: Beginning at the Southeast corner of said Lot 10; thence Northwesterly along the Northeasterly line of said Lot, a distance of 114.5 feet to a point 98.0 feet South- easterly from the most Northerly corner thereof; thence South 79 degrees, West, a distance of 82.66 feet to a point on the West line of said Lot 11, distant 29 feet Southerly from the Northwest corner -- thereof; thence Southerly along the Westerly line of said Lot 11, a distance of 60.07 feet to a point 65.72 feet Northwesterly from the Southwest corner thereof; thence deflecting to the left at an angle of 11 degrees and running Southeasterly 67.65 feet to a point on the Southerly line of said Lot 11, distant 12.927 feet Easterly from the.Southwesterly corner thereof; thence Easterly and North- easterly along the Southerly and Southeasterly line of said Lots 10 and 11 to the point of beginning. all of which property Seller, as owner, has by this Agreement this date I3. Purchase sold and agreed to convey unto Buyer for the sum of Sixty Thousand and Price No /100 Dollars ($60,000.00), which Buyer agrees to pay in the following manner: 4. Method of $ 1,000.00 - Earnest Money, the receipt of which is hereby acknowledge; and Payment $59,000.00 - Cash, on the date of closing. 5. Warranty Deed Subject to performance by the Buyer, Seller agrees to execute and deliver on the closing date a Warranty Deed conveying marketable title to the Premises and appurtenant easements, if any, to Buyer, with State Deed Tax Stamps in the amount specified by law affixed or paid for by Seller, subject only to the following exceptions: y (i) Building and zoning laws, ordinances, State and Federal regulations; (ii) Reservations of any minerals or mineral rights to the State of Minnesota; (iii) Utility easements which, in Buyer's sole opinion, do not affect its intended use of the Premises; together with Owner's Duplicate Certificate of Title for all portions of the Premises, if any, which are registered property. Seller shall also obtain and deliver to Buyer on the closing date, documentation reasonably satisfactory to Buyer that the transaction contem- plated hereby has been approved by the Board of Directors and membership of Seller, and authorizing certain of its officers to execute all closing documents. 6. Real Seller shall pay at the date of closing all real estate taxes due Estate Taxes and payable in 1974 and in all prior years and installments of special and Assess- assressments payable therewith. Buyer shall pay all real estate taxes due ments and Ipayable in 1975 and subsequent years and installments of special assess- ments payable therewith. Buyer shall also pay, when due, any taxes imposed under Minnesota Statute 5272.01, Subdivision 2, if any, by reason of Seller's use and occupancy of a portion of the Premises pursuant to paragraph 10 hereof. 7. Title Seller within ten (10) days after the date hereof shall deliver Examina- tion and to Buyer an Abstract of Title certified to date and shall furnish a Registered Correction Property Abstract covering the Premises to include proper searches covering i bankruptcies and state and federal judgments and liens. The Buyer shall be allowed twenty (20) days after receipt thereof by its attorney for examina- tion of said title and the making of anv objections thereto, said objections to be delivered to Seller or Seller's agent or attorney within said twenty (20) day period or be deemed to be waived, but this provision shall not negate the obligation of Seller to convey the Premises by a Warranty Deed, nor negate any warranties given by such deed. If any objections are so made, -2- the Seller shall be allowed one hundred twenty,(120) days to make such title marketable. The Seller further agrees to use all reasonable efforts and to expend such sums as may be reasonably necessary to make said title marketable in the event a defect is disclosed. Pending correction of title the payments hereunder required shall be postponed, but upon correction of title and within ten'(10) days after written notice to Buyer, the Buyer and Seller shall perform this Agreement according to its terms. If said title is not marketable and is not made so within said 120 day period from the date of written objections thereto as above pro- vided, then Buyer shall have the option to (a) terminate this Agreement upon notice given,to Seller by Buyer or its attorney whereupon all earnest money shall immediately be refunded to Buyer, or (b) to waive such ob- jections and proceed with such purchase, or (c) may enforce the specific performance of this Agreement by Seller-; ,but if title to the premises be found marketable or be made so within said time and Buyer shall default in any of the agreements herein contained, then and in that case, Seller may (i) terminate this Agreement in the same manner as a contract for deed is terminated except for payment of a mortgage registry tax if no such payment is required by statute, or (ii) Seller may enforce the specific performance of this Agreement by Buyer, or (iii) Seller may resort to any and all other remedies available to Seller either at law or in equity; provided, however, that such action, by either Seller or Buyer, to enforce specific performance of this Agreement, or any action by Seller under Seller's option (iii) shall be commenced within six (6) months from and after said 120 day period as to Buyer and said 10 day period as to Seller. 8. Commissions Seller warrants and represents that there has been no real estate broker or salesperson to whom any commission, finder's fee or other compensation is owing by reason of the transaction contemplated hereby. Seller further agrees to hold Buyer harmless from and indemnify it against any and all loss, costs, damages or expenses, including reasonable attorneys' fees, arising out of or due to any claims for a commission, finder's fee, or other compensation due to or arising out of this transaction. -3- 0 '3. Date and The transaction contemplated hereby shall be closed on or Place of Closinp, before July 12, 1974, or as soon thereafter as title to the Premises is found or has been made marketable or defects thereto have been waived by Buyer pursuant to paragraph 7 hereof. The delivery of all closing papers and monies shall be made at the offices of the Buyer at 4801 West 50th Street, Edina, Minnesota 55424. Possession It is agreed that Seller shall be entitled to possession, rent -free, of all of the Premises except those portions thereof below designated for exclusive possession by Buyer (which Premises to be possessed by Seller are hereinafter called the "Retained Premises'.'); for a period not to exceed two (2) years from the date of closing. During such period of possession after the date of closing, Seller covenants and agrees as follows: (i) To pay promptly all bills for utilities furnished to the Retained Premises; (ii) To keep and maintain the Retained Premises in at least as good a condition and state of repair as exists on the date of closing; (iii) To procure and maintain,at its sole cost and expense, a policy of insurance with an insurance company reasonably acceptable with Buyer, naming the Buyer as insured, insuring the u4 ole of the Premises, including both the Retained °remises and that possessed by Buyer, against loss due to fire and extended coverage risks, in an amount equal to the full insurable value of the whole of the Premises. (iv) To hold Buyer harmless from and indemnify it against any loss, damage, or expense whatsoever, including attorneys' fees, arising out of any damage to property or injury to persons which occurs or is claimed to have occurred on or about the Retained Premises during such period of possession by Seller. Also, Seller shall procure and maintain, at its sole cost and expense, a policy of public liability insurance with an insurance company reasonably acceptable with Buyer, insuring against any claims for bodily injury or property damage occurring on or about the Retained Premises, naming both Buyer and Seller as insureds, and in such liability limits as the Buyer shall reasonably require. The insurance policies described at (iii) and (iv) above shall be delivered to and held by Buyer during the period of possession by Seller and shall not be cancellable without at least ten (10) days' prior written notice to Buyer. Seller agrees to deliver full possession of the Retained Premises to Buyer as soon as it has acquired possession of another facility for its operation, but not later than the date which is two (2) years after the date of closing. On date of closing, Buyer shall be given full and exclusive possession of all of the land not improved with the present building, the storage rooms in the I I __ -4- 0 northeast corner of said building, and the storage area in the southwest corner of said building. Buyer shall have full access at all times to said storage rooms and area over -and through said building, and shall have full control over and use of all of said storage rooms and area and all of the land not improved, with said building. The provisions of this paragraph 10 shall survive the closing date. L1. Time of Buyer and Seller agree that time is of the essence in this Essence Agreement. L2. Notices All notices and objections to title to be given pursuant hereto shall be deemed given or served, and shall not be deemed to have been duly given or served, unless in writing and delivered personally to Buyer or Seller, as the case may be, or deposited in the United States mail, postage prepaid, addressed to Seller or Buyer at the following addresses: If to Buyer at: The City of Edina 4801 West 50th Street Edina, Minnesota 55424 Attention: City Clerk If to Seller at: Edina American Legion Post No. 471 4900 Eden Avenue Edina, Minnesot 5 Attention: or to their respective attorneys. L3. Offer It is understood and agreed that this is only an offer, subject Onlv to withdrawal by the Buyer at any time after the expiration of ten (10) days after delivery to the Seller and before execution by the Seller and delivery to Buyer of a fully executed copy of this Agreement. Seller shall refund all earnest money to Buyer on Buyer's request if this Agreement is not accepted by Seller and a fully executed copy delivered to Buyer within said 10 day period. The undersigned, owner of the Premises herein described, hereby agrees to sell•said Premises for the price and upon the terms and conditions above set forth and subject to all conditions herein expressed. EDINA AMERICAN LEGION POST NO. 471 HOUSING FOUNDATION INCORPORATED Its it U The undersigned Buyer hereby agrees to purchase the premises herein described for the price and upon the terms above set forth, and subject to all conditions herein expressed. THE CITY OF EDINA By�G" Its M Y- And -6- Its Ci V? -3 � DORSEY, MARQUART, WINDHORST, WEST & HALLADAY DONALD WEST WILLIAM J. HEMPEL 2300 F 1 R S T NATIONAL BANK BUILDING FAITH L OHMAN WILLIAM E. MARTIN WALDO F. MAROUART JOHN S HIBBS DAVID A. RANHEIM WILLIAM H. NIPPEE, JR. JOHN W. WINDHORST HENRY HALLADAY ROBERT O. FLOTTEN JOHN D. LEVINE M I N N E A P O L I S, M I N N E S O TA S S 4 0 2 ROBERT J. SILVERMAN STEPHEN G. SHA "K JULE M. HANNAFORD ROBERT J. STRUYK WILLIAM R HI JOHN D KIRBY BBS ROBERT A. BURNS TONI A. BEITZ ARTHUR B. WHITNEY MICHAEL A OLSON PHILIP F. SOELTER MICHEL A. LAFOND RUSSELL W LINDOUIST LARRY W, JOHNSON (612) 340-2600 WILLIAM B PAYNE BRADFORD L. FERGUSON DAVID R. BRINK THOMAS S. HAY CABLE: DOROW JAN STUURMANS ROGER J. MAGNUSON HORACE HITCH G LARRY GRIFFITH R.A. R HIBBS JAY VIRGIL H. HILL CRAIG A BECK TELEX: 29 -0605 EN K C AMPLI STEVEN N CNAMPLIN JAY COOK COOT ROBERT V. TA ROBERT J. JOHNSON DAVID L. McCUSKEY THOMAS 0 MOE TELECOPIER'(612) 340 -2866 DAVID N. FRONEN STANLEY REIN M. P. HASSELOUIST JAMES H. OHAGAN THOMAS W TINKHAM JON F TUTTLE CHARLES L. POTUZNIK VERLANE L. ENDORF PETER DORSEY. JOHN M MASON 1466 W —FIRST NATIONAL BANK BUILDING ROBERT NEIBERG DENNIS BURATTI NERV IS MICHAEL ST. PAUL, MINNESOTA 55101 EMERY WBARTLE GEORGEANN BECKER CURT CURTS L. L. ROY ARTHUR E. WEISBERG VICKREHT LARRY L VICNREY LORENR KNOTT (612) 227 -8017 MICHAEL J RADMER ROBERT HOBBINS DUANE E. JOSEPH PHILLIP H. MARTIN PAUL SCMEERER CURTIS l STINE BARRY D. GLAZER PETE PETER HENDRV %SON JAMES S. VESSEY REESE C. JOHNSON MICHAEL TSTINE MIC Y HAY WILLIAM A. WHITLOCK CHARLES J. HAUENSTEIN JONATHAN VILLAGE CENTER WILLIAM J.KEPPEL WEISER E J. SCHWARTZBAUER, CHARLES A GEER CHASKA, MINNESOTA 55318 JAMES A. FLADER STEP MEN G:, : SCHALK THOMAS M. BROWN JOHN C. ZWAKMAN (612) 448 -4012 WILLIAM ALJOHNSTONE THOMAS ELKINS CORN ELIUS 0. MAHONEY JOHN R. WICKS WILLIAM E. BOWEN THOMAS S. ERICKSON EUGENE L. JOHNSON WILLIAM P. LUTHER WILLIAM C. BABCOCK MICHAEL E. BRESS JOHN W. WINDHORST, JR- MICHAEL PRICHARD 115 THIRD STREET SOUTHWEST DOUGLAS D. MCFARLAND OF COUNSEL RAYMOND A. REISTER WILLIAM R. SOTH ROCHESTER, MINNESOTA 55901 DAVID LBOEHNEN ALAN D. GILLILAND DAVID E. BRONSON LEAVITT R. BARKER JOHN J. TAYLOR THOMAS R. MANTHEY (507) 288 -3156 LAWRENCE R OLIVER GEORGE E. ANDERSON BERNARD G. HEINZEN RICHARD G. SWANSON FRANK H VOIGT ROBERT L VANFOSSEN June 11, 1974 John Waters, Esq. 8900 Penn Avenue South Minneapolis, Minnesota 55431 Re: City of Edina Purchase of Edina Legion Post. Dear Mr. Waters: Enclosed is a revised form of purchase agreement between the City of Edina and Edina American Legion Post No. 471 Housing Foundation Incor- porated. I have noted in red the changes made on the draft previously reviewed by you. Those changes occur in paragraphs 2, 7, 9, and 10. I am also sending copies of this purchase agreement to the City of Edina for its review. If you and the City now approve this agreement, we can proceed to have it executed. I would appreciate your prompt review and comments. Also enclosed is a copy of our title opinion on those parts of Lots 10 and 11 in Block 5 of Craik`s First Addition to Edina which are being acquired. We have not yet received an abstract for Tracts B and C, R.L.S. 212. I would appreciate your obtaining that abstract and forwarding it to me for our examination and opinion. You will note the closing date is now July 12. Assuming no title difficulties in connection with the examination to the title to Tracts B and C, we should have no difficulty in being ready to close by that date. Very truly yours, C TSE /abc Thomas S. E icksoft- Enclosures cc: �'Mr. J. N. Dalen Mr. Warren C. Hyde June 11, 1974 Mr. Warren C. Hyde Edina City Manager 4801 West 50th Street Edina, Minnesota 55424 Re: City of Edina Purchase of Edina Legion Post, Dear Warren: Inclosed is a revised purchase agreement, with a copy of my let- ter to Mr. Waters, the attorney for the seller. The revised agreement gives Edina exclusive possession of tits unimproved portions of the real estate and certain storage areas within the building. In my letter of May 17 or. this subject, I stated that the Legion Post would pay taxes imposed by 'iinn. Stat. 5272. 71, Subd. 2, by reason of the continued use and occupancy by the Post. However, it is the position of the Post t ?tat that statute does not apply to it because it covers only use of exempt property "in connection with a business conducted for profit...," and it is not a business conducted for profit. The alternative to taxation under the above c {red statute is taxation according to Minn. Stat. $272.68. That statute provides, in Subdivision 2, that property.which is acquired by subdivisions of government "shall remain taxable until the acquiring authority is by law or by the terms of a purchase agreement entitled to actually take possession thereof." Under this section the property would remain taxable, and the taxes would be paid by Edina. However, as you will note by reading paragraph 10 of the revised agreement enclosed, we provide that Edina shall have full and exclusive possession of certain portions of the property being acquired, with the balance of the property being left in the possession of the Post for a period of not more than two years. By this provision we would hope to come within the taxing guidelines laid down by the case of Christian Business Men's Committee of 23inneg olis, Inc. v. State, 228 Minn. 549 (1949). In that case the court held that if a building would be exempt from taxation except for the fact that a portion thereof is used for a nontax- exempt purpose, then the building is partially exempt and partially not exempt, based upon,tbe value of the reppective DoRSEY, MARQUART, WINDHORST, WEST $ MALLADAY DONALD WEST RAYMOND A. FEISTIER 2400 FIRST NATIONAL 6 A �`: K BUILDING JOHN W. WINDHORST, JR. DOUGLAS D. McFARLAND WALDO F. MAROUART JOHN J. TAYLOR MICHAEL PRICHARD DAVID L. BOEHNEN JOHN W. WINDHORST HENRY HALLADAY BERNARD G. HEINZEN WILLIAM J HEMPEL MINNEAPOLIS, MINNESOTA 55402 WILLIAM R. SOTH ALAN 0. GILLILAND JULE M HANNAFORD JOHN S. HIBBS THOMAS R. MANTHEY RICHARD G. SWANSON LAWRENCE R. OLIVER ARTHUR e. WHITNEY ROBERT O. FLOTTEN FAITH L OHMAN FRANK H. VOIGT WILLIAM E. MARTIN RUSSELL W LINDOUIST JOHN D. LEVINE ( 612 ) 340— 2600 DAVID A. RANHEIM WILLIAM H. HIPPEE, JR. DAVID R. BRINK ROBERT J. STRUYK CABLE: DOROW ROBERT J. SILVER14AN STEPHEN G.SHANK HORACE HITCH MICHAEL A, OLSON WILLIAM R. HIBBS ROBERT A. BURNS VIRGIL H. HILL LARRY W JOHNSON TELEX: 29 -0605 JOHN D. KIRBY TONI A BEITZ ROBERT V. TARBOX ROBERT J. JOHNSON THOMAS SHAY TELECOPIER:(612)34O -2868 PHILIP F. BOELTER MICHEL A- LAFOND M. B. HASSELOUIST G. LARRY GRIFFITH CRAIG A. BECK WILLIAM B. PAYNE BRADFORD L FERGUSON PETER DORSEY DAVID MCCUSKEY 1468 W—FIRST NATIONAL BANK BUILDING JAN STUURMANS R. A SCHWARTZBAUER ROGER J. MAGNUSON J. ROBERT HIBBS GEORGE P. FLANNERY THOMAS O. MOE ST, PAUL, MINNESOTA 55101 DAVID N. FRONEK CURTIS L. ROY JAMES H. O HA AN (612) 227 -8017 THOMAS W TINKHAM ARTHUR E WEISBERG JOHN M MASON JON F. TUTTLE DUANE E.JOSEPH MICHAEL W WRIGHT RDBERTAHEIBERG FREDERICK E. LANGE JAMES B. VESSEY LARRY 4. VICKREY LOREN R. KNOTT JONATHAN VILLAGE CENTER EMERY W. BARTLE WILLIAM A. WHITLOCK PHILLIP H. MARTIN CHASKA, MI NNESOTA 65318 MICHAEL J. RADMEA C)CHA L. RAD E. J. SCHWARTZBAUER REESEC JOHNSON (612) 448 -4012 MICHAEL TRINE THOMAS M. BROWN CHARLES J. HAUENSTEIN WILLIAM J. KEPPEL OF COUNSEL CORNELIUS D MAHONEY CHARLES A. GEER JAMES A. FLADER DAVID E. BRONSON THOMAS S. ERICKSON JOHN C, ZWAKMAN 115 THIRD STREET SOUTHWEST WILLIAM A. JOHNSTONE LEAVITT R. BARKER WILLIAM C. BABCOCK JOHN R. WICKS ROCHESTER, MINNESOTA 55901 WILLIAM E. BOOEN GEORGE E. ANDERSON MICHAEL E. BRESS EUGENE LJOHNSON (607) 288-3156 WILLIAM P. LUTHER ROBERT L VANFOSSEN June 11, 1974 Mr. Warren C. Hyde Edina City Manager 4801 West 50th Street Edina, Minnesota 55424 Re: City of Edina Purchase of Edina Legion Post, Dear Warren: Inclosed is a revised purchase agreement, with a copy of my let- ter to Mr. Waters, the attorney for the seller. The revised agreement gives Edina exclusive possession of tits unimproved portions of the real estate and certain storage areas within the building. In my letter of May 17 or. this subject, I stated that the Legion Post would pay taxes imposed by 'iinn. Stat. 5272. 71, Subd. 2, by reason of the continued use and occupancy by the Post. However, it is the position of the Post t ?tat that statute does not apply to it because it covers only use of exempt property "in connection with a business conducted for profit...," and it is not a business conducted for profit. The alternative to taxation under the above c {red statute is taxation according to Minn. Stat. $272.68. That statute provides, in Subdivision 2, that property.which is acquired by subdivisions of government "shall remain taxable until the acquiring authority is by law or by the terms of a purchase agreement entitled to actually take possession thereof." Under this section the property would remain taxable, and the taxes would be paid by Edina. However, as you will note by reading paragraph 10 of the revised agreement enclosed, we provide that Edina shall have full and exclusive possession of certain portions of the property being acquired, with the balance of the property being left in the possession of the Post for a period of not more than two years. By this provision we would hope to come within the taxing guidelines laid down by the case of Christian Business Men's Committee of 23inneg olis, Inc. v. State, 228 Minn. 549 (1949). In that case the court held that if a building would be exempt from taxation except for the fact that a portion thereof is used for a nontax- exempt purpose, then the building is partially exempt and partially not exempt, based upon,tbe value of the reppective r%.r ay ti b �v� .Sy o P o� o$ G DORSEY, MARQUART, WINDHORST, WEST a HALLADAY Mr. Warren C. Hyde Page 2 June 11, 1974 portions used for the tax - exempt and nontax- exempt purposes. The court, however, does say that, to be entitled to this prorating feature, the tax - exempt use must be of a substantial part of the building and that substantial part must be exclusively occupied by the tax - exempt organization. We have provided in the purchase agreement for the exclusive use by Edina of those portions of the property designated in the agreement. It is my understanding, based on my conversations with fir. Dalen, that those portions constitute a substantial portion of the total property. Therefore, we should fall within the guidelines set out in the above cited case. Once the acquisition has been completed, the City Assessor should be advised so that he can allocate the valuers between the respective portions of the property, and that portion occupied by Edina should then be exempted from taxation. Edina will then pay taxes only on the portion to be used by the Post. As soon as I hear from Mr. Waters as to his comments on the agree- ment, I will communicate further with you. I would also appreciate your prompt review of the agreement. Very truly yours, TSE /abc Thomas S. Erickson Enclosures 3 cc! Mr. J. N. Dalen (w /encs.) 117131.15 DORSEY, MARQUART, WINDHORST, WEST &, HALLADAY June 19, 1974 .Sohn Waters, Esq . 8900 Penn Avenue South Minneapolis # Minnesota 55431 Re: City of Edina Purchase of Edina Legion Post. Lear Mr. Waters: F Enclosed are four codes of what, "hopefully, is a final form of purchase agreement between the City of Edina and Edina American Legion Post No. 471 Housing Foundation Incorporated. I have revised paragraph 6 to provide that Edina will pay the taxes,.if any, imposed under Minn. Stat. 5272.01, Subd. 2. i have also revised paragraph 10 by deleting subparagraph (v), which imposed the obligation to pay such taxes upon the Legion Post. it is my understandings that this agreement now meets with your approval. if so, please have three copies signed by the Legion Post and return Ms+m to >a$• 2 will Chen have them eggeuced by Edina and wLI1 return to you a tuiity executed copy. Very truly yours, TSE /a be Thomas S. Erickson Enclosures cet �Tr. J. N. Dalen Mr. Marren C. Hyde FIRST NAT { O N A L, BANK B U I L R I N G JOHN W WINDHORST, JR. MICHAEL PRICHARD DOUGLAS D. MtFARLAND DAVID L. BOEHNEN DONALD WEST RAYMOND A. REISTER 2400 WILLIAM R. BOTH ALAN D. GILLILAND WALD0 F MAROUART JOHN W. WINDHORST JOHN J;.TAYLOR BERNARD G HEINZEN M I LA N EA P O L I S, M 1 N N E S O TA S S 4 0 2 THOMAS R. MANTHEY LAWRENCE R. OLIVER HENRY HALLADAY WILLIAM J. HEMPEL RICHARD G.SWANSON FAITH L OHMAN FRANK E. WILLIAM E. MARTIN JULE M HANNAFORD ARTHUR B. WHITNEY JOHN 5 HIBBS ROBERT O. FLOTTEN ( 612) 340- 2600 DAVID A. RANHEIM WILLIAM H. HIPPEE. JR. RUSSELL W. LINDQUIST JOHN D. LEVINE CA6LE DOROW ROBERT J. SILVERMAN WILLIAM R. HIBBS ROBERT A. BURNS ROBERT A. BURNS DAVID R. BRINK 'HORACE HITCH ROBERT J. STRUYK MICHAEL A. OLSON TELEX: 29 -0605 JOHND. KIRBY TONIA.BEITZ A. LAFOND VIRGIL H. HILL LARRY W. JOHNSON TELECO P I ER: (612134O -2868 PHILIP F. BOELTER WILLIAM B. PAYNE MICHEL BRADFORD LFERGUSON ROBERT V TARBOK THOMAS S. HAY JAN STUURMANS ROGER J. MAGNUSON ROBERT J.JOHNSON M. B. HASSELOUIST G. LARRY GRIFFITH CRAIG A. BECK _ NATIONAL BANK BUILDING R. A. SCHWARTZBAUER J. ROBERT HIBBS PETER DORSEY DAVID L. MCCUSKEY 1468 W-FIRST ST. PAUL, MI N NESOTA 55101 DAVID N. FRONEK THOMAS W TINKHAM GEORGE P. FLANNERY THOMAS O MOE JAMES H CiHAGAN (612) 227 -8017 JON FTUTTLE CURTIS L. ROY ARTHUR E. WEISBERG JOHN M. MASON ROBERT A. HEIBERG DUANE E. JOSEPH MICHAEL W. WRIGHT L. VILLAGE CENTER EMERY W BARTLE MICHAEL J. RADMER FREDERICK E LANGE JAMES B. VESSEY LARRY VICKREY LOREN R. KNOTT JONATHAN CHASKA, MINNESOTA 55318 CURTIS LSTINE WILLIAM A. WHITLOCK PHILLIPH MARTIN (612) 448 -4012 MICHAEL TRUCANO WILLIAM J. KEPPEL OF COUNSEL E J.SCHWARTZBAUER THOMAS M. BROWN REESE C. JOHNSON CHARLES J HAUENSTEIN JAMES A. FLADER DAVID E. BRONSON CORNELIUS D MAHONEY CHARLES A. GEER 115 THIRD STREET SOUTHWEST WILLIAM A. JOHNSTONE WILLIAM E. BOWEN LEAVITT R. BARKER GEORGE E.ANDERSON THOMAS S. ERICKSON JOHN C. ZWAKMAN POCHESTER, MINNESOTA 65901 WILLIAM P. LUTHER ROBERT LVANFOSBEN WILLIAM C. BABCOCK MICHAEL E. BRESS JOHN R. WICKS EUGENE L. JOHNSON (S )7 288 -3156 June 19, 1974 .Sohn Waters, Esq . 8900 Penn Avenue South Minneapolis # Minnesota 55431 Re: City of Edina Purchase of Edina Legion Post. Lear Mr. Waters: F Enclosed are four codes of what, "hopefully, is a final form of purchase agreement between the City of Edina and Edina American Legion Post No. 471 Housing Foundation Incorporated. I have revised paragraph 6 to provide that Edina will pay the taxes,.if any, imposed under Minn. Stat. 5272.01, Subd. 2. i have also revised paragraph 10 by deleting subparagraph (v), which imposed the obligation to pay such taxes upon the Legion Post. it is my understandings that this agreement now meets with your approval. if so, please have three copies signed by the Legion Post and return Ms+m to >a$• 2 will Chen have them eggeuced by Edina and wLI1 return to you a tuiity executed copy. Very truly yours, TSE /a be Thomas S. Erickson Enclosures cet �Tr. J. N. Dalen Mr. Marren C. Hyde PURCHASE AGREEIENT Minneapolis, Minnesota June , 1974 1. Parties EDINA AMERICAN LEGION.POST NO. 471 HOUSING FOUNDATION INCORPORATED, a Minnesota corporation (hereinafter called "Seller ") hereby acknowledges receipt from THE CITY OF EDINA, a municipal corporation under the laws of the State of Minnesota (hereinafter called "Buyer "), of the sum of One Thousand and No /100 Dollars ($1,000.00), as earnest money and in part payment for the purchase of certain property situated in the City of Edina, County of Hennepin, State of Minnesota (hereinafter referred to as the "Premises"), legally described as follows: 2. Legal Tracts B and C, Registered Land Survey No. 212, Files of Registrar Description of Titles, County of Hennepin. Also, That part of Lots 10 and 11, Block 5, Craik`s First Addition to Edina, described as follows: Beginning at the Southeast corner of said-'Lot 10; thence Northwesterly along the Northeasterly line of said Lot, a distance of 114.5 feet to a point 98.0 feet South- easterly from the most Northerly corner thereof; thence South 79 degrees, West, a distance of 82.66 feet to a point on the West line of said Lot 11, distant 29 feet Southerly from the Northwest corner thereof; thence Southerly along the Westerly line of said Lot 11, a distance of 60.07 feet to a point 65.72 feet Northwesterly from the Southwest corner thereof; thence deflecting to the left at an angle of 11 degrees and running Southeasterly 67.65 feet to a point on the Southerly line of said Lot 11, distant 12.927 feet Easterly from the-Southwesterly corner thereof; thence Easterly and North- easterly along the Southerly and Southeasterly line of said Lots 10 and 11 to the point of beginning. all of which property Seller, as oy,mer, has by this Agreement this date 3. Purchase sold and agreed to convey unto Buyer for the sum of Sixty Thousand and Price No /100 Dollars ($60,000.00), which Buyer agrees to pay in the following manner: 4. Method of $ 1,000.00 - Earnest Money, the receipt of which is,hereby acknowledge; and Payment $59,000.00 - Cash, on the date of closing. 5. Warranty Deed Subject to performance by the Buyer, Seller agrees to execute and deliver on the closing date a Warranty Deed conveying marketable title to the Premises and appurtenant easements, if any, to Buyer, with State Deed Tax Stamps in the amount specified by law affixed or paid for by Seller, subject only to the following exceptions: Real Estate Taxes and Assess- ments (i) Building and zoning laws, ordinances, State and Federal regulations; (ii) Reservations of any minerals or mineral rights to the State of Minnesota; (iii) Utility easements which, in Buyer's sole opinion, do not affect its intended use of the Premises; together with Owner's Duplicate Certificate of Title for all portions of the Premises, if any, which are registered property. Seller shall also obtain and deliver to Buyer on the closing date, documentation reasonably satisfactory to Buyer that the transaction contem- plated hereby has been approved by the Board of Directors and membership of Seller, and authorizing certain of its officers to execute all closing documents. Seller shall pay at the date of closing all real estate taxes due and payable in 1974 and in all prior years and installments of special assessments payable therewith. Buyer shall pay all real estate taxes due and payable in 1975 and subsequent years and installments of special assess- ments payable therewith. Buyer shall also pay, when due, any taxes imposed under Minnesota Statute 9272.01, Subdivision 2, if any, by reason of Seller's use and occupancy of a portion of the Premises pursuant to paragraph 10 hereof. 'I7. Title Seller within ten (10) days after the date hereof shall deliver Examina- tion and to Buyer an Abstract of Title certified to date and shall furnish a Registered Correction Property Abstract covering the Premises to include proper searches covering bankruptcies and state and federal judgments and liens. The Buyer shall be allowed twenty (20) days after receipt thereof by its attorney for examina- tion of said title and the making of any objections thereto, said objections to be delivered to Seller or Seller's agent or attorney within said twenty (20) day period or be deemed to be waived, but this provision shall not negate the obligation of Seller to convey the Premises by a Warranty Deed, nor negate any warranties given by such deed. If any objections are so made, -2- the Seller shall be allowed one hundred twenty (120) days to make such title marketable. The Seller further agrees to use all reasonable efforts and to expend such sums as may be reasonably necessary to make said title marketable in the event a defect is disclosed. Pending correction of title the payments hereunder required shall be postponed, but upon correction of title and within ten (10) days after written notice to Buyer, the Buyer and Seller shall perform this Agreement according to its terms. If said title is not marketable and is not made so within said 120 day period from the date of written objections thereto as above pro- vided, then Buyer shall have the option to (a) terminate this Agreement upon notice given to Seller by Buyer or its attorney whereupon all earnest money shall immediately be refunded to Buyer, or (b) to waive such ob- jections and proceed with such purchase, or (c) may enforce the specific performance of this Agreement by Seller-; -but if title to the Premises be found marketable or be made so within said time and Buyer shall default in any of the agreements herein contained, then and in that case, Seller may (i) terminate this Agreement in the same manner as a contract for deed is terminated except for payment of a mortgage registry tax if no such payment is required by statute, or (ii) Seller may enforce the specific performance of this Agreement by Buyer, or (iii) Seller may resort to any and all other remedies available to Seller either at law or in equity; provided, however, that such action, by either Seller or Buyer, to enforce specific performance of this Agreement, or any action by Seller under Seller's option (iii) shall be commenced within six (6) months from and after said 120 day period as to Buyer and said 10 day period as to Seller. S. Commissions Seller warrants and represents that there has been no real estate broker or salesperson to whom any commission, finder's fee or other compensation is owing by reason of the transaction contemplated hereby. Seller further agrees to hold Buyer harmless from and indemnify it against any and all loss, costs, damages or expenses, including reasonable attorneys' fees, arising out of or due to any claims for a commission, finder's fee, or other compensation due to or arising out of this transaction. -3- 9. Date and The transaction contemplated herebv shall be closed on or Place of Closing before July 12, 1974, or as'soon thereafter as title to the premises is found or has been made marketable or defects thereto have been waived by Buyer pursuant to paragraph 7 hereof. The delivery of all closing papers and monies shall be made at the offices of the Buyer at 4801 West 50th Street, Edina, Minnesota 55424. - -- D. Possession It is agreed that Seller shall be entitled to possession, rent -free, of all of the Premises except those portions thereof below designated for exclusive possession by Buyer (which Premises to be possessed by Seller are hereinafter called the "retained Premises'l; for a period not to exceed two (2) years from the date of closing. During such period of possession after the date of closing, Seller covenants and agrees as follows: (i) To pay promptly all bills for utilities furnished to the Retained Premises; (ii) To keep and maintain the Retained Premises in at least as good a condition and state of repair as exists on the date of closing; (iii) To procure and maintain,at its sole cost and expense, a policy of insurance with an insurance company reasonably acceptable with Buyer, naming the Buyer as insured, insuring the whole of the Premises, including both the Retained Premises and that possessed by Buyer, against loss due to fire and extended coverage risks, in an amount equal to the full insurable value of the whole of the Premises. (iv) To hold Buyer harmless from and indemnify it against any loss, damage, or expense whatsoever, including attorneys' fees, arising out of any damage to property or injury to persons which occurs or is claimed to have occurred on or about the Retained Premises during such period of possession by Seller. Also, Seller shall procure'and maintain, at its sole cost and expense, a policy of public liability insurance with an insurance company reasonably acceptable with Buyer, insuring against any claims for bodily injury or property damage occurring on or about the Retained Premises, naming both Buyer and Seller as insureds, and in such liability limits as the Buyer shall reasonably require. The insurance policies described at (iii) and (iv) above shall be delivered to and held by Buyer during the period of possession by Seller and shall not be cancellable without at least ten (10) days' prior written notice to Buyer. Seller agrees to deliver full possession of the Retained Premises to Buyer as soon as it has acquired possession of another facility for its operation, but not later than the date which is two (2) years after the date of closing. On date of closing, Buyer shall be given full and exclusive possession of all of the land not improved with the present building, the storage rooms in the -4- Ll. Time of Essence L2. Notices L3. Offer Onlv northeast corner of said building, and the storage area in the southwest ' corner of said building. Buyer shall have full access at all times to said storage rooms and area over and through said building, and shall have full control over and use of all of said storage rooms and area and all of the land not improved with said building. The provisions of this paragraph 10 shall survive the closing date. Buyer and Seller agree that time is of the essence in this Agreement. All notices and objections to title to be given pursuant hereto shall be deemed given or served, and shall not be deemed to have been duly given or served, unless in writing and delivered personally to Buyer or Seller, as the case may be, or deposited in the United States mail, postage prepaid, addressed to Seller or Buyer at the following addresses: If to Buyer at: If to Seller at: or to their respective attorneys. The City of Edina 4801 West 50th Street Edina, Minnesota 55424 Attention: City Clerk Edina American Legion Post No. 471 4900 Eden Avenue Edina, Minnesota 55424_ Attention: It is understood and agreed that this is only an offer, subject to withdrawal by the Buyer at any time after the expiration of ten (10) days after delivery to the Seller and before execution by the Seller and delivery to Buyer of a fully executed copy of this Agreement. Seller shall refund all earnest money to Buyer on Buyer's request if this Agreement is not accepted by Seller and a fully executed copy delivered to Buyer within said 10 day period. The undersigned, owner of the Premises herein described, hereby agrees to sell said Premises for the price and upon the terms and conditions above set forth and subject to all conditions herein expressed. EDINA AMERICAN LEGION POST NO. 471 HOUSING FOUNDATION INCORPORATED By Its -5- w The undersigned Buyer hereby agrees to purchase the premises herein described for the price and upon the terms above set forth, and subject to all conditions herein expressed. THE CITY OF EDINA By Its Mayor And -6- Its City Manager I. Parties +-735 PURCEJ.ASE AGREEMENT Minneapolis, Minnesota May , 1974 EDINA AMERICAN LEGION.POST NO. 471 HOUSING FOUNDATION INCORPORATED, a Minnesota corporation (hereinafter called "Seller ") hereby acknowledges receipt from THE CITY OF EDINA, a municipal corporation under the .laws of the State of Minnesota (hereinafter called "Buyer "), of the sum of One Thousand and No /100 Dollars ($1,000.00), as earnest money and in part payment for the purchase of certain property situated in the City of manner: 4. Method of $ 1,000.00 - Earnest Money, the receipt of which is hereby acknowledge; and Payment $59,000.00 - Cash, on the date of closing. 5. Warranty ` Deed Subject to performance by the Buyer, Seller agrees to execute and deliver on the closing date a Warranty Deed conveying marketable title to the Premises and appurtenant easements, if any, to Buyer, with State Deed Tax Stamps in the amount specified by law affixed or paid for by Seller, subject only to the following exceptions: Edina, County of Hennepin, State of Minnesota (hereinafter referred to as the "Premises10), legally described as follows: 2; Legal Tracts B and C, Registered Land Survey No. 212, Files of Registrar Description of Titles, County of Hennepin. Also, That part of Lots 10 and 11, Block 5, Craik's First Addition to Edina, described as follows: Beginning at the Southeast corner of said Lot 10; thence Northwesterly along the Northeasterly line of said Lot, a distance of 114.5 feet to a point 98.0 feet South- easterly from the most Northerly corner thereof; thence South 79 degrees, West, a distance of 82.66 feet to a point on the West line of said Lot 11, distant 29 feet Southerly from the Northwest corner thereof; thence Southerly along the Westerly line of said Lot 11, a distance of 60.07 feet to a point 65.72 feet Northwesterly from the Southwest corner thereof; thence deflecting to the left at an angle of 11 degrees and running Southeasterly 67.65 feet to a point on the Southerly line of said Lot 11, distant 12.927 feet Easterly from the Southwesterly corner thereof; thence Easterly and North - aeasterly along the Southerly and Southeasterly line of said Lots 10 and 11 to the point of beginning. all of which property Seller, as owner, has by this Agreement this date 3. Purchase sold and agreed to convey unto Buyer for the sum of Sixty Thousand and Price No /100 Dollars ($60,000.00), which Buyer agrees to pay in the following manner: 4. Method of $ 1,000.00 - Earnest Money, the receipt of which is hereby acknowledge; and Payment $59,000.00 - Cash, on the date of closing. 5. Warranty ` Deed Subject to performance by the Buyer, Seller agrees to execute and deliver on the closing date a Warranty Deed conveying marketable title to the Premises and appurtenant easements, if any, to Buyer, with State Deed Tax Stamps in the amount specified by law affixed or paid for by Seller, subject only to the following exceptions: 6. Real Estate Taxes and Assess- ments (i) Building and zoning laws, ordinances, State and Federal regulations; (ii) Reservations of any minerals or mineral rights to the State of Minnesota; (iii) Utility easements which, in Buyer !s sole opinion, do not affect its intended use of the Premises; together with Owner's Duplicate Certificate of Title for all portions of the Premises, if any, which are registered property. Seller shall also obtain and deliver to Buyer on the closing date, documentation reasonably satisfactory to Buyer that the transaction contem- plated hereby has been approved by the Board of Directors and membership of Seller, and authorizing certain of its officers to execute all closing documents. Seller shall pay at the date of closing all real estate taxes due and payable in 1974 and in all prior years and installments of special assessments payable therewith. I7. Title Seller within ten (10) days after the date hereof shall deliver Examina- tion and to Buyer an Abstract of Title certified to date and shall furnish a Registered Correction Property Abstract covering the Premises to include proper searches covering Y bankruptcies and state and federal judgments and liens. The Buyer shall be allowed twenty (20) days after receipt thereof by its attorney for examina- tion of said title and the making of any objections thereto, said objections to be delivered to Seller or Seller's agent or attorney within said twenty (20) day period or be deemed to be waived, but this provision shall not negate the obligation of Seller to convey the Premises by a Warranty Deed, nor negate any warranties giden.by such deed. If any objections are so made, the Seller shall be allowed one hundred twenty (120) days to make such title marketable. The Seller further agrees to use all reasonable efforts and to expend such sums as may be reasonably necessary to make said title marketable in the event a defect is disclosed. Pending correction of title the payments hereunder required shall be postponed, but upon correction of title and within ten (10) days after written notice to Buyer, the Buyer and Seller shall perform this Agreement according to its terms. -2- If said title is not marketable and is not made so within said 120 day period from the date of written objections thereto as above pro- vided, then Buyer shall have the option to (a) terminate this Agreement upon notice given, to Seller by Buyer.or its attorney whereupon all earnest money shall immediately be refunded to Buyer, or (b) to waive such ob- jections and proceed with such purchase, or (c) may enforce the specific performance of this Agreement by Seller; but if title to the premises be found marketable or be made so within said time and Buyer shall default in any of the agreements herein contained, then and in that case, Seller may (i) terminate this Agreement in the same manner as a contract for deed is terminated except for payment of a mortgage registry tax if no such payment is required by statute, or (ii) Seller may enforce the specific performance of this Agreement by Buyer, or (iii) Seller may resort to any and all other remedies available to Seller either at law or in equity; provided, however, that such action, by either Seller or Buyer, to enforce specific performance of this Agreement, or any action by Seller under Seller's option (iii) shall be commenced within six (6) months from and after said 120 day period as to Buyer and said 10 day:period as to Seller. 8. Commissions Seller warrants and represents that there has been no real estate broker or salesperson to whom any commission, finder's fee or other compensation is owing by reason of the transaction contemplated hereby. Seller further agrees to hold Buyer.harmless from and indemnify it against any and all loss, costs, damages or expenses, including reasonable attorneys' fees, arising out of or due to any claims for a commission, finder's fee, or other compensation due to or arising out of this transaction. 9. Date and The transaction contemplated hereby shall be closed on or Place of Closing before July 12, 1974, or as soon thereafter as title to the premises is found or has been made marketable or defects thereto have been waived by Buyer pursuant to paragraph 7 hereof. The delivery of all closing papers and monies shall be made at the offices of the Buyer at 4801 West 50th Street, Edina, Minnesota 55424. -3- 10. Possession It is agreed that Seller shall be entitled to possession, rent -free, of all of the Premises except those portions thereof below designated for exclusive possession by Buyer (which Premises to be possessed by Seller are hereinafter called the "Retained Premises.'.'); for a period not to exceed two (2) years from the date of closing. During such period of possession after the date of closing, Seller covenants and agrees as follows: (i) To pay promptly all bills for utilities furnished to the Retained Premises; (ii) To keep and maintain the Retained Premises in at least as good a condition and state of repair as exists on the date of closing; (iii) To procure and maintain,at its sole cost and expense, a policy of insurance with an insurance company reasonably acceptable with Buyer, naming the Buyer as insured, insuring the whole of the Premises, including both the Retained Premises and t at possessed by Buyer, against loss due 'to---fire-and extended coverage risks, in an amount equal to the full insurable value of the whole of the Premises. (iv) To hold Puyer harmless from and indemnify it against any loss, damage, or expense whatsoever, including attorneys' fees, arising out of any damage to property or injury to persons which occurs or is claimed to have occurred on or about the Retained Premises during such period of possession by Seller. Also, Seller shall procure and maintain, at its sole cost and expense, a policy of public liability insurance with an insurance company reasonably acceptable with Buyer, insuring against any claims for bodily injury or property damage occurring on or about the Retained Premises, naming both Buyer and Seller as insureds, and in such liability limits as the Buyer shall reasonably require. (v) To pay, when due, all taxes which may be imposed under the provisions of Minn. Stat. 272.01, Subdivision 2, if any, by reason of Seller's use and occupancy of the Retained Premises subsequent to the date of closing. The insurance policies described at (iii) and (iv) above shall be delivered to and held by Buyer during the period of possession by Seller and shall not be cancellable without at least ten (10) days' prior written notice to Buyer. Seller agrees to deliver full possession of the Retained Premises to Buyer as soon as it has acquired possession of another facility for its operation, but not later than the date which is two (2) years after the date of closing. On date of closing, Buyer shall be given full and exclusive possession of all of the land not improved with the present building, the storage rooms in the -4- northeast corner of said building, and the storage area in the southwest corner of.said building. Buyer shall have full access at all times to said storage rooms and area over and through said building, and shall have full control over and use of all of said storage rooms and area and all of the land not improved with said building. The provisions of this paragraph 10 shall survive the closing date. 11. Time of Buyer and Seller agree that time is of the essence in this Essence Agreement. 12. Notices All notices and objections to title to be given pursuant hereto shall be deemed given or served, and shall not be deemed to have been duly given or served, unless in writing and delivered personally to Buyer or Seller, as the case may be, or deposited in the United States mail, postage prepaid, addressed to Seller or Buyer at the following addresses: If to Buyer at: The City of Edina 4801 West 50th Street Edina, Minnesota 55424 Attention: City Clerk If to Seller at: Edina American Legion Post No. 471 4900 Eden Avenue Edina, Minnesota- 55424 Attention: or to their respective attorneys. 13. Offer It is understood and agreed that this is only an offer, subject Only to withdrawal by the Buyer at any time after the expiration of ten (10) days after delivery to the Seller and before execution by the Seller and delivery to Buyer of a fully executed copy of this Agreement. Seller shall refund all earnest money to Buyer on Buyer's request if this Agreement is not accepted by Seller and a fully executed copy delivered to Buyer within said 10 day period. The undersigned, owner of the Premises herein described, hereby agrees to sell said Premises for the price and upon the terms and conditions above set forth and subject to all conditions herein expressed. EDINA AMERICAN LEGION POST NO. 471 HOUSING FOUNDATION INCORPORATED By Its -5- The undersigned Buyer hereby agrees to purchase the ?remises herein described for the price and upon the terms above set forth, and subject to all conditions herein expressed. THE CITY OF EDINA By Its Mayor And Its City Manager -6- %W -M-1. -16$3 ?WWAC 507932 w Wit The C ity 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. RIS 232 lm r71 ATTENTION DELAY and EXPENSE will be caused by the loss of this certificate. MEMORIAL (Continued) DOCUMENT NUMBER KIND OF INSTRUMENT DATE OF INSTRUMENT DATE OF REGISTRATION AMOUNT RUNNING IN FAVOR OF SIGNATURE OF REGISTRAR Month jDayl Year Monthl Dayl Year Hour HC 1031 CERTIFICATE OF TITLE NO- 507932 DISTRICT COURT No.(s) 4947 & 11103 Transfer from No. 205569 Originally registered the 10th day of April A.D. 1940 & the 30th day of March A.D. 1953 Volumes 221 & 646 Pages 69250 & 196647 STATE of MINNESOTA, REGISTRATION COUNTY of bNEPIN. This is to certify that The City of Edina, a Minnesota municipal corporation of 4801 West 50th Street, City of Edina, County of Hennepin, State of Minnesota is now the owner(s) of an estate in fee simple of and in the following described land situated in the County of Hennepin and State of Minnesota, to wit: Tracts B and C, Registered Land Survey No. 212, Files of Registrar of Titles, County of Hennepin. Tract B is subject to the restrictions created by Deed Doc No. 373135, Files of Registrar of Titles; i 2 L > i ZIP L.: 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 rights in public highways upon the land. S. 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 Sixteenth day of July 197+ Wayne A. Johnson Registrar of Titles, In and for the County of He nd State of Minnesota. MEMORIAL By DEPUTY OF ESTATES, EASEMENTS OR CHARGES ON THE LAND DESCRIBED IN THE CERTIFICATE OF TITLE HERETO ATTACHED. DOCUMENT NUMBER KIND OF INSTRUMENT DATE OF INSTRUMENT DATE OF REGISTRATION AMOUNT RUNNING IN FAVOR OF SIGNATURE OF REGISTRAR I Month I Dayl Year Month I Dayl Year Hour 1 Memorial I t Api 10 1940 �:4o Showing Judicial Landmarks On Tract R The Village of Edina. Granting an easement over the So 35 ft of Tract SEE OVER r M Z N M 3 D Z 3 n M 0 N' O � D o Z o -< Q O U -n to o_ Z Z M (n O D Y"! NO. 5 FORM 199 COMPLETE TITLE SERVICE TITLE INSURANCE ESCROW SERVICE ABSTRACTS OF TITLE SEARCHES FOR TAXES, JUDGMENTS IN STATE AND FEDERAL COURTS, BANKRUPTCY PROCEEDINGS SPECIAL ASSESSMENT SEARCHES CHATTEL MORTGAGE ABSTRACTS FEDERAL TAX LIEN SEARCHES IN FEDERAL COURT, THIRD DIVISION RECORDING SERVICE REGISTERED PROPERTY ABSTRACTS Ll T� 5 Or 679230 der No Abstract of Title TO Part of Lots -10 and 11, Block 5. Craik'-s First Addition to Edina, Hennepin County, Minnesota, This certifies the within statement from Nos. 149 to 152 inclusive, to be a correct Abstract of Title to land described in No. 121 therein as appears of record in the Real Fstate Division of the office of the Register of Deeds in Hennepin County, Minnesota, since June 8. 19 71 7 9, ,14 , including Taxes according to the general tax books of said County. Dated May 10 19-7-4—, 7 a.m. Tid surance Company of Minnesota By Assistant Secretary Re Edina American Legion Post #471 Deliver to Dorsey , Marquart , et al 21+00 First National Bank R7 dg. Minneapolis, Minnesota Attn: Tom Erickson TITLE INSURANCE COMPANY OF MINNESOTA TITLE INSURANCE BUILDING MINNEAPOLIS, MINNESOTA 55401 Telephone 332 -51 1 1 Area Code 612 P -200 98-70 CONVERSION TABLES Rods .Mel Rods Foot tods feel Rods Feet Rods Feel Rods Feet Rods No Rods Foot Rods Fe,,qrttods feet 1 16.5 11 181.5 21 346.5 31 511.5 41 676.5 51 841.5 61 1006.5 71 1171.5 81 1336.5 91 1501.5 2 33.0 12 198.0 22 363.0 32 528.0 42 693.0 52 858.0 62 1023.0 72 1188.0 '82 1353.0 92 1518.0 3 49.5 13 214.5 23 379.5 33 544.5 43 709.5 53 874.5 63 1039.5 73 1204.5 83 1369.5 93 1534.5 4 66.0 14 231.0 24 396.0 34 561.0 44 726.0 54 891.0 64 1056.0 74 1221.0 84 1386.0 94 1551.0 5 82.5 15 247.5 25 412.5 35 577.5 45 742.5 55 907.5 65 1072.5 75 1237.5 85 1402.5 95 1567.5 6 99.0 16 264.0 26 429.0 36 594.0 46 759.0 56 924.0 66 1089.0 76 1254.0 86 1419.0 96 1584.0 7 115.5 17 280.5 27 445.5 37 610.5 47 775.5 57 940.5 67 1105.5 77 1270.5 87 1435.5 97 1600.5 8 132.0 18 297.0 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 29 478.5 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 50 825.0 60 990.0 70 1155.0 80 1320.0 90 1485.0 100 1650.0 Rods to feet from 1 to 100 Chains Foot Chains Feel Chains Fool Chains Feet Links Feel Links Foot Links Feel Links Feet Links Feel 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 32 2112 2 1.32 12 7.92 22 14.52 32 21.12 42 27.72 3 198 13 858 23 1518 33 2178 3 1.98 13 8.58 23 15.18 33 21.78 43 28.38 4 264 14 924 24 1584 34 2244 4 2.64 14 9.24 24 15.84 34 22.44 44 29.04 5 330 15 990 25 1650 35 2310 5 3.30 15 9.90 25 16.50 35 23.10 45 29.70 6 396 16 1056 26 1716 36 2376 6 3.96 16 10.56 26 17.16 36 23.76 46 30.36 7 462 17 1122 27 1782 37 2442 7 4.62 17 11.22 27 17.82 37 24.42 47 31.02 8 528 18 1188 28 1848 38 2508 8 5.28 18 11.88 28 18.48 38 25.08 48 31.68 9 594 19 1254 29 1914 39 2574 9 5.94 19 12.54 29 19.14 39 25.74 49 32.34 10 660 20 1320 30 1980 40 2640 10 6.60 20 13.20 30 19.80 40 26.40 50 33.00 Chains to from 1 to 40 Links to feet from 1 to 50 a i- i C v 3 A SECTION OF LAND -640 ACRES NAW. COR. I NORTH-QUARTER N.E. COR. TABLE F MEASUREMENTS POST so Roos 70 CHAINS = One link equals 7.92 inches ui <ij V c < oc One rod equals 16.5 ft, or 25 links m o o h S 'n $ One cha n equals 66 ft., 100 links, or 4 rods o H 0 0 RIDS; One mil equals 5,280 ft., 320 rods, or 80 chains ✓i $ One squ re rod contains 272.25 sq. ft. c 10 AC. One acr contains 43,560 sq. ft.,160 sq. rods., or 10 sq to chains a n 10 CHAINS A side o an acre equals 208.71 feet Z 80 ACRES 020 CHAINS IIILLLllllll \ \ \UUUIII13 D '4 HERZ ? 40 ACRES u 0 a rpm OF 20 CHAINS 1320 FEET O �/� LINE SEC ION % LINE SEC ONAL MAP OF A TOWNSHIP WITH ADJOINING SECTIONS :3, 31 32 331,34 35 36 31: 160 ACRES 1 6 5 4 3 2 1 6 :1 7 8 1 12 71-, 18 1 t 13 18 ��IJJJ 24 19 26"L F 24 19 .25 30 29 28 27 26 25 30 :36 31 32 33 34 35 36 31 1 6 5 4 3 2 1 6 S.W. COR. POST S.E. COR. r M N C 51 Z n Q m 'a C---.:l 0 C---.:l " � 3 a D Z o !J Q 0 0 w Z Z M r� O n 971617 �\ 3s Order No COMPLETE TITLE SERVICE Abstract of Title TITLE INSURANCE f N'° TO ESCROW SERVICE ' ;. Part of Lott 10 and 11, Block ABSTRACTS OF TITLE I SEARCHES FOR TAXES, * r, 5, Craik's First Addition to JUDGMENTS; IN STATE Edina, Hennepin County, AND FEDERAL COURTS, k BANKRUPTCY PROCEEDINGS Minnesota. SPECIAL ASSESSMENT SEARCHES CHATTEL MORTGAGE ABSTRACTS This certifies the within statement from FEDERAL TAX LIEN SEARCHES IN �" Nos. - 131 to .146 inclusive, FEDERAL COURT, THIRD DIVISION r , to be a correct Abstract of Title to land described in RECORDING SERVICE REGISTERED PROPERTY ABSTRACTS No. 121 therein as appears of record in the Real Estate Division of the ofim of the Register of Deeds in Hennepin County, Minnesota, since , M s r c h 2-3. 1954 7 A.M. including Taxes according to the general ✓ tax books of said County. Dated Ji}ne 8, 19 71 , 7 a.m. Tit nsurance Company f Minnesota By ssistant Secreta Re Edina American Legion Post 471 Deliver to P yLL 6 TITLE INSURANCE COMPANY OF MINNESOTA TITLE INSURANCE BUILDING MINNEAPOLIS, MINNESOTA 55401 Telephone 332-5111 Area Code 612 98 -70 P -200 CONVERSION TABLES Rods Fset $ d• Feet Beds Feet Rods Feet Rods Feet Rods Feet Rods Feat Rods Feet Redo Feet Rode Fart 1 16.5 1 181.6 21 846.6 31 511.5 41 676.5 51 841.5 61 1006.5 71 1171.5 81 1888.5 91 1601.5 2 88.0 198.0 22 363.0 32 528.0 42 693.0 52 858.0 62 1023.0 72 1188.0 82 1868.0 92 1518.0 3 49.5 1 214.5 23 379.5 33 544.5 43 709.5 63 874.6 63 1039.5 73 1204.5 88 1869.5 98 1684.5 4 66.0 1 231.0 24 396.0 34 561.0 44 726.0 54 891.0 64 1056.0 74 1221.0 84 1886.0 94 1551.0 5 82.5 1 247.5 26 412.6 35 577.5 45 742.5 55 907.6 65 1072.5 75 1237.5 85 1402.6 96 1667.6 6 99.0 1 264.0 26 429.0 36 594.0 46 759.0 56 924.0 66 1089.0 76 1254.0 86 1419.0 98 1584.0 7 115.6 1 280.5 27 445.5 37 610.5 47 775.5 57 940.6 67 1105.5 77 1270.6 87 1486.6 97 1600.6 8 132.0 1 297.0 28 462.0 38 627.0 _ 48 792.0 58 957.0 68 1122.0 76 1287.0 88 1462.0 98 1617.0 9 148.5 19 818.6 29 478.5 89 648.5 49 808.5 69 978.6 69 1138.5 3S 79 1808.5 89 1468.6 99 1688.6 10 165.0 20 330.0 80 495.0 40 660.0 50 825.0 60 990.0 7.0 1166.0 80 1820.0 90 1485.0 ZOO 1660.0 Rods to feet from l to 100 Chains Feet atni Feet Cha6u Feel Chahu rest USIN Feat Idehs Feet Unb Feat Ide1m Feet Unk Nd 1 66 11 726 21 1886 81 2046 1 .66 11 7.26 21 18.86 81 20.48 41 87.06 2 132 12 792 22 1462 82 2112 2 1.32 12 7.92 22 14.52 82 21.12 42 57.72 8 198 3 888 23 1518 33 2178 8 1.98 18 8.58 28 15.18 88 21.78 48 28.88 4 264 4 924 24 1584 84 2244 4 2.64 14 9.24 24 16.84 84 21:.44 44 2944 5 830 5 990 25 1650 35 2310 6 3.30 15 9.90 25 16.50 85 28.10 46 29.70 6 896 6 1056 26 1716 36 2376 6 3.96 16 10.66 26 17.16 88 28.78 48 80.88 7 482 7 1122 27 1782 87 2442 1 4.62 17 11.22 27 17.82 87 24.48 47 81.02 8 528 8 1188 28 1848 88 2608 8 5.28 18 11.88 26 18.48 88 26.08 46 SIM 9 594 1264 29 1914 89 2574 9 6.94 19 12.61 29 19.14 89 25.74 49 62.64 10 880 1820 80 1980 40 2840 30 8.80 20 18.20 80 19.80 40 28.40 60 88.00 Ch to feet from 1 to 40 WBb to feet from 1 to 60 A SECTION OF LAND - 640 ACRES Al MGM 6001# 4010RIA N TMLL OR M$A81sts9t1a1T$ MM to WFT, One link equal# 792 ioches, One rod equals 16.5It OF 25 links, ! f V1 N t OM chain equals 66ft, IOO lks, or 4 rods, 20 AC One mile equals 9260fk,3Z0rda,or Botha, One square rod contains 272 25 sq, ft, d One acre contains 41160•gf},160aq rda,er 10aq 04 A side of in care equals 208,7 fad 0 o R 10 AC, ; 44 p N eoACaES ���ja N. U V � uv a 40 ACRES CENT 11 OF UCTIONAL MAP OF blNe A TOWNINIP $66 WITH ION NNa ADdOININO $ACTION$ I36 31 32 33 34 3S 35 611; 11 8 8 16! 4 1 1 112 7 8 9 10 II 12 7 160 ACRES 13 i8 Ib 18 1 ae Se 24 19 24 19 E.Z' Z 26 27 26 128 30 29 26 s0 36 31 32 36 31 ; 3S 34 35 4 3 2 1 6 5 1�6� Us" L t80M y_. roc !'O a � x� y� yo A 0 ' ESCROWS. , 5, .Craik t s First Addition to Edina, Hennepin County, ABSTRACTS OF TITLE r and, Minnesota. REGISTERED (TORRENS) PROPERTY ` CERTIFICATES ON LANDS IN This centifies the within statement from HENNEPIN COUNTY, MINNESOTA Nos- 126 to 130 inclusive, INCLUDING SEARCHES FOR to be a correct dbstract of Title to land described TAXES, JUDGMENTS IN FEDERAL AND in No 121 therein as appears of record in STATE COURTS AND PROCEEDINGS the office of the Register of Deeds in Hennepin IN BANUUPTCY County, Minnesota, since Oct,. 7 p 19 3 7 am. tenser Priniiug 060nr, i[ianwolis ± including Taxes according to the general tax ooks of said County, Dated March 23, 19___ -4, 7 a. m. Title Insurance Comp y of Minnesota =z^" Assistant Secretary Deliver to Title Department 1180783 Mitie 3ns;ura ace Com�panp of, i��egot� j 125 South Fifth Street Minneapolis 2, Minnesota --C ME V1 � r � r _ y'1 . N6.a..:it •. f N "�* , " »sir• 1 2 ti w K� AA IZI qq k� .._ .. .z. +�%. , - - ice, 3 .. ., a,;.':' vim' ., �". �'�.`€.«�.. � . �•"'�" ,�. , . '�' � X ,•3.� v s a? x K µ' 9s Tlrss ise�-ti iea Ilse witki�i start t : Vc Nus.. _ tosjR' ` .tea be a c t.8 j Tine to tayr�d r �;l t` eix a�a'atppars,t z , the '4ce o f tie ReAtA' 4 f }Meats % Ifs Couxty, N tiunesota, sinest+ is " 7 C�•3 'j �p to • sia M.0 faxes aecordixf to the OrierW tax books-of, tfi. .Slewwid Gouttty. F�+ated "fi . t� - r W � d asislu�rt �iTs��r v beliver, to drat �tStat Sair i R 9 tl f� Mat u reincit to is AMC P W 123 Sou*, Fipdi Site t Sr k min !n ,� } •.` +� �3 $ Res j� ..Pr % —70 V Order No 427041 No. 3- 441- 16i[ —�brpe 64 ;ti TITLE INSURANCE SERVICE _ Rj}trct 0, f Ti�Li.YC .. on TO i Real Estate Located in Mkoiewft and Northwest States LntR 10 and 11. B1 nek �-;— . - ESCROWS — c!rAiIcIA Virst Arlditinn r.* ABSTRACTS OF TITLE to Edi na HPnne in n County _ ' ' ' and Minnesota- REGISTERED - (TORRENS) PROPERTY �► CERTIFICATES ON LANDS IN . This certifies the within .statement from 4 j HENNEPIN COUNTY, MINNESOTA Nos 11.5 to 120 inclusive, CO INCLUDING SEARCHES FOR to be a correct Jbstract of Title to land described TAXES, JUDGMENTS IN FEDERAL AND in No _0316 therein as appears of record in 0 'f STATE COURTS AND PROCEEDINGS K the o,fce of the Register of Deeds in Hennepin IN BANKRUPTCY _ County, Minnesota, since Mareh 1, 19 50, 7 a. m., 16o64 Jansen Printing Company, ffiinnespoiir a, including Taxes according to the general tax books to of said County. G Dated Nny _ 13, 19 --52, 7 a. m.� Title Insurance Com y innesota By , Jssistant Secretary M1� 5 Deliver to y .eY Uk C2 Title DeDartment #173100 ry 4 of linntoota 125 South Fifth Street Minueapolis 2, Miianesota ' tF n � r A I., r`-1 .W Sat cle A O e� No. 2- 849 -6M —Form 52 TITLE INSURANCE SERVICE on Real Estate Located in Minnesota and Northwest States ESCROWS ABSTRACTS OF TITLE and REGISTERED (TORRENS) PROPERTY CERTIFICATES ON LANDS IN HENNEPIN COUNTY, MINNESOTA INCLUDING SEARCHES FOR TAXES, JUDGMENTS IN FEDERAL AND STATE COURTS AND PROCEEDINGS IN BANKRUPTCY THE LU" PEEYB, INC.. MMWZAPOLIB 19itle Nourauce comma np Of minneota 125 South Fifth Street y Minneapolis 2, Minnesota 16064 Minnesota. This certifies the within statement from Nos 1v9 to 114 ---inclusive, to be a correct Abstract of Title to land described in No_ 0A6 therein as appears of record in the " office of the Register of Deeds in Hennepin County, Minnesota, since Oat, 25j 1947s, 7 a .m. p including Taxes according to the general tax books of said County. Dated March 1st, 42, 7 Tide Insurance Co p of Minnesota Assistant Secretary Deliver to 'title Department 1131510 19itle Nourauce comma np Of minneota 125 South Fifth Street y Minneapolis 2, Minnesota 16064 No. 3 -5 -46 —IOM —Form 54 Y ABSTRACTS OF TITLE To All Lots or Lands in Hennepin County, Minnesota 'CLUDING SEARCHES FOR TAXES JUDGMENTS IN FEDERAL AND STATE COURTS AND PROCEEDINGS IN BANKRUPTCY FURNISHED ON SHORT NOTICE Title Insurance in all its Branches - THE LAND PEEKS, INC.. MINNEAPOLIY Order No ........... 31 355$ ............. Zb5tract o f Title TO Lots 10 and 11..j .... Block 5.2 ................... Craik's First Addition to Edina... Hennepin County, Minnesota. This certifies the within statement from Nos ...100 ........................ to...... ...:d$................Inclusive, to be a correct Abstract of Title to land described in No ........ Qr'1e ............ therein as appears of record in the office of the Register of Deeds in Hennepin County, Minnesota, since Mare including Taxes according to the general tax books of said County. Dated ...... ©Q1...... ....................19.....%7 7 a. m. Title II��nssurance Company of Minnesota By.Q /.... �� -r+c ....... ............................... Abstract Off —er & Assistant Secretary Deliver to Title.... D:epartment .......... 13.1510 Title R!6urance Compatip U Order No ....... 298 .09 ............... No. 3- 5- 40-10M —Form 54 ABSTRACTS OF TITLE ` ZiFlbz tract of Title To All Lots or Lands in Hennepin TO County, Minnesota ... Lots ... l0 .... anrl... 11.,. ...B.laak ... 5.t ................ INCLUDING SEARCHES FOR TAXES - JUDGMENTS IN FEDERAL AND STATE r.3 Z....Fix'.a t..Add I . ... Q...........: ti COURTS AND PROCEEDINGS IN Edina ...........',,,,.. r,7 ,..K BANKRUPTCY Minnesota. A............................................... FURNISHED ON SHORT NOTICE ............................... � h This certifies the within statement- from i � f � UX t .. Nos 96 to ......... ...................... ... .......... 99 ............. inclusive, ive, ,N a Title Insurance in all to be a correct Abstract of Title to land described in 0 n - its Branches No ....ane ...:............therein as appears of record in the 0 *- office of the Register of Deeds in Hennepin County, raY LUND PRE 2, INC., aiu�rtasroLls - Minnesota, since... Aug ..'7....ar.m. _ including Taxes according to the general tax books of said County. Dated.... . arch... 2.5.x ...... ...................19....4.7, 7 a. m. cllzt Title Insurance Company of Minnesota 0 l' bstract Officer & dssistant Secretary i - - Deliver to ......The ..Il i .nneapali- a....Con.gre.gatlonal Union ..,, �t ....................... ............................... ........... T. D. Title 3n5urance Compan`p of ;. Alinne'ota v 125 South Fifth Street I , Minneapolis 2, Minnesota A DEMNO :z :z r2mj :rPP coo CAD Lim" a e.n S� Co.) CD CD low, efl WNW 0 :z 4 D C 0 Zi (D > za rt- 0 0 0 (D > -0 z i 0-0 (D i Et 0 rt 7'M This certifies that the within statement from No.- . -_A._ 99 tO 95 .... . . inclusive, is a correct Abstract of Title to land described in No.... PLI-0 ......... therein, as appears of record in the off ce of the Register of Deeds in and for Hennepin County, Minnesota, from the_._8 �4___day of etober� TAN, including taxes, according to the general tax books of said County. Dated .. August 30th ..... ........ 19. ...... . ......... . . .......... !Lq., 7 a. m. Minneapolis Abstract Corporation B3 Secretary Fe6 for Abstract - - - - - - For ... F.—I—JUIson ---------- Deliver to-- --- --- - - -- -- 1 .. e Cl'J r ZZ G 0 r �••] C d 00 Issi z x l J t� "moo O C z 0 u i s 'i TO ALL LOTS OR .LANDS IN HENNEPIN COUNTY, MINN. . _:. Including Searches for Taxes, Judgments in Federal and State Courts, and Proceedings`in . Bankruptcy v FURNISHED ON SHORT' NOTICE. Conveyancing Accurately Done rat TEstatr batrart 0.1a `pant MINNEAPOLIS,, MINN. THE LARGEST AND MOST COMPLETE ABSTRACT PLANT IN . THE NORTHWEST' No.,r- 6 3 A-�:- To This certifies the within written statement from Nos...-8 -%--___-to... ... inclusive, to be a correct Abstract of Title to land de- scribed in No.A! __. therein as appears of record in the office of the Register of Deeds in Hennepin County, Minnesota, since _1..,7:_.. T.:...... - BE, �i; t�dj4g_ ,t�,- Ili,2„,�`,6F:,e%[•t•� -�6A° I, - laesJts- ef- sei� -�ea�. - Real Estate Abstract Company, c Secretary For..t._ Fee for Abstract, Judgment Search, - �.?.. Total, $..��q-- .�2:..... - �1 �Sta-te r Goan za yf Ot New York Life Building, MINNEAPOLIS, MINN. e, No.,r- 6 3 A-�:- To This certifies the within written statement from Nos...-8 -%--___-to... ... inclusive, to be a correct Abstract of Title to land de- scribed in No.A! __. therein as appears of record in the office of the Register of Deeds in Hennepin County, Minnesota, since _1..,7:_.. T.:...... - BE, �i; t�dj4g_ ,t�,- Ili,2„,�`,6F:,e%[•t•� -�6A° I, - laesJts- ef- sei� -�ea�. - Real Estate Abstract Company, c Secretary For..t._ Fee for Abstract, Judgment Search, - �.?.. Total, $..��q-- .�2:..... - �1 �Sta-te r Goan za yf Ot New York Life Building, MINNEAPOLIS, MINN. No...3� . - t TO ALL LOTS OR LANDS .IN ` HENNEPIN COUNTY, MINN. ® �l if NO Including Searches for Taxes, Judgments in Federal To �P and'State Courts, and Proceedings in Bankruptcy FURNISHED ON SHORT NOTICE. Conveyancing Accurately Done �r j1r rat 'Estate This certifies the within written statement from Nos..- ..___...ao..___... inclusive, to . be a correct Abstract of Title to land de- scribed in MINNEAPOLIS, MINN. No...- � therein as appears of record in the office of the Register of ` Deeds in Hennepin County, Minnesota, since THE LARGEST AND MOST COMPLETE- .._----------- � ABSTRACT PLANT IN THE cluding Taxes according to the general tax NORTHWEST. books o said County. Dated.................. ........ al E tate b ract Company, Secretary _ For..-- -..... , -�.. - ..... - -• -- - .......__ -.__. Fee for Abstract, $.- ..�?.. -__ Judgment Search, .� Total, $ - �_L9 _ �stat� .zggs� comi3aariy- New York Life Building, MINNEAPOLIS, MINN rs� No. 2 Correct AbStraetS of Title Order No... ..... 1lJ. C......... ABSTRACT OF TITLE y TO TO ALL LANDS IN HENNEPIN COUNTY INCLUDING JUDGMENTS IN THE UNITED) .� STATES AND STATE COURTS, TAXES, * r ETC., ETC., FURNISHED ON SHORT NOTICE�� r. DEEDS AND MORTGAGES MADE ` -" ACKNOWLEDGEMENTS TAKEN AND GENERAL CONVEYANCING PROMPTLY ATTENDED TO MERRILL ABSTRACT COMPANY 900 PHOENIX BUILDING MINNEAPOLIS, MINN. PRESS OF 9YRON 6 WILLARD, MINNEAPOLIS. MINN. o OFFICE OF MERRILL ABSTRACT COMPANY { ` 900 PHOENIX BUILDING, MINNEAPOLIS, MINN. This certifies that they wilhin statement from No._.. ......7_..to ........ ..:........ inclusive is a correct Abstract of Title to land described in >rs:, No___ .......... z ........ . .. therein, as appears of record in $ennqpin County, from the ............. day e' ej ..._Z&Lincluding taxes. Dated ................. �/„/.!.!! �'l!-_:.......C...f1...... -....- --....190..., -�-a. m. MERRILL ABSTRACT COMPANY 1'resiclent, t� Fees for Abstract, °...........n Judgment Search, - - - $ ............... 51... Total - - - - ...°2....... For�/�j % J... .....-- ••-- •- ......- .......................... No. 1. Without Judgment. Order )V'o......�.. Correct Abstracts of Title ABSTRACT OF TITLE {;;, TO ALL LANDS IN HENNEPIN COUNTY. ..2Q.. INCLUDING JUDGMENTS IN THE UNITED -- ................ STATES AND STATE COURTS, TAXES, •• °•--• --••-• • - • - - -••- • -- - - Al ••- •- •• ••- ETC., ETC., FURNISHED ON G` SHORT NOTICE. ............ ....... ..................J. 0...... ............................................ .......... ( r 1 d.i;VU C DEEDS AND MORTGAGES MADE. OFFICE OF ACKNOWLEDGEMENTS TAKEN MERRILL ABSTRACT COMPANY, AND ... 900 PHOENIX BUILDING, MINNEAPOLIS, MINN. GENERAL CONVEYANCING This certifies that the within statement PROMPTLY ATTENDED TO. from .No. 1 to .......... .....r ................. inclusive is a - correct ✓Ibstract of Title to land described in MERRILL ABSTRACT COMPANY, NO- .... 1 .......... ... ........ .therein, as appears of record 900 PHOENIX BUILDING, MINNEAPOLIS, MINN. in Henn pin County, includinff taxes. Dated. -.. ........... -U, 190..J,7 a. iv.. Kimball & Storer Co., Printers, Minneapolis, Minn. MERRILL ABSyT ACT COMPANY, Pv ecidenl. Fees for Abstract, � . Juddment Search, - - - .. ......... .. .:_.r� Total For . J � - - -C.lf- -`..- . ..... / / i a �IvUGd 31a� %,„,� '1'lo.EOV So bat 0 C� ie. lass ��''e,�i.cul�Q .iY , h�J; ���e. ao is rys. u� )nY oj -AWM glaft 50 Qvrv�,e� U /�Mi k hW. NOAA�. s. o 1.8_Q. m ow hL �a a,� cwu� M � . � I a,►'' �)CJ�i.,aetaw o�`111.t 1QalLa I�ee. Ib. �I$S6. 0,,, aok fi, at �Vvvvw ` FC, i ` M1 4 a �IvUGd 31a� %,„,� '1'lo.EOV So bat 0 C� ie. lass ��''e,�i.cul�Q .iY , h�J; ���e. ao is rys. u� )nY oj -AWM glaft 50 Qvrv�,e� U /�Mi k hW. NOAA�. s. o 1.8_Q. m ow hL �a a,� cwu� M � . � I a,►'' �)CJ�i.,aetaw o�`111.t 1QalLa I�ee. Ib. �I$S6. 0,,, aok fi, at �Vvvvw ` FC, �0� �.�n.a,�19w (0 J `IIJmti. oLt 11 W4,vl/. iii o td" 9� �„� SO ae�G �e�u��d dbww� A �OCI�o� �°e.�� Ohl. bGwavl 1 �1eo. iH cr Flo �oJ�.�niu Anmw.m� acvCe� %. iUr�� iJza..�{. wo An �aeb ��oske� �'.�UI+kVaa,w, �1wu� �o. 5 kul, amAu (A.CdnadP� i i## -0, da1�,Y� mvo� 4M k� `11q.5 1�1a1�d 11�a� 7. �¢s� O,,v`Vn q,m, of ucon.d✓. 1w. C��co�v 1�� �9.�,c;� �l' .800 of &TV", ow-� 0 �/Wm,v lawl 00 P-VV (A 0. .our vry i,�oN�L� - 1�,a,�ed, . 10.41 Sb. -� ��ii,c,c,, �lrnl . I & , 18 5(� . Qo o�P� G1,. Qcirwla �10� .'�81� . 6) AC) 0-0 Ay CvLt 01, f 1. 19 r 61, 6 11. rl .,Yn 10 A �A tFO &R lw vub .)0 �ahw Ci. aftaJ4 &U64 �/MOjv a. TO y�� U npµw -,v � �upmc� 13. I�a�. Q.��Nac�,.� 1( Oltb,/-U (UwOµp4 uCMP�L ��h A (YjtA/ " 4 41- �J &p 10 ot 610- LS� OA VnI (qD. ,� ovv�,ci,¢nu�,m✓ � 3 Jo °� Ttcry g. I g G I - 51,1 bv� "/�AUJAJ O'd to MM wol 15 k. 11. a �ic�a.d�bwub� tin�u �9ourfo�uuwo�`1YlAq. 5 atio � ��a yal„'ri� (jelcvWuV��,,d yo Of& U04OA/i (40.11. 181�v ti3. ►8l� L 11, Ml�. 4 PIYYI m,k .stir (�ezo,4,k d-j k ut. q - Ot " � k ju ti4 /a,o,ld, N � �oncc��avw o� �YVI�.`Yl.o. l o W q, &u�jj Qua of-0 Ve.,A u' . q-qF1 . y o� �'l�'v v� ��,e. �� 'tea �tWAA- � uo+I ?4l /Cul/ ji �4 Jo C UW0404 �6 - s aw. �rl. 13.10 10 � 5Lryti �. aM. IL.1�63. ww Quo ot. Qaq.v N I8 bja�jt-,� � I �/ 4 qb4/�J- q t" ' X I9, rl (T&. U"C�OAA W o uAmroj L L.�,i ow A C1�u.ztwwG,en. lJwv (Ulo+/I/d J�o ry d�,aY.uE �(.Cd,+�bwaClw hh S {ry1 au1 `Y1t �Gk Jo 31 . I�b7. II v a.rn. ao At t JVLdtW %Vl% o� " Tnj,.)bo. iso. '�. I$Gl, 10 Q . *. a0A � IT1 a . �'j ct v 01, &�.VAAV 4. q-oo a �4t'/ � 4-. is�q died 9 " ✓lc,g v; i81�9.11a.m. (�no�ra �� WJudq Pq.'r�f�. k9"J"G,ri b 00 Vlnd. � 4 " M.o. Ut- buA Q�ww�d�Na�oV✓ 1 ry'j . IM fBGq. I1a,*1 (?ac�v Sb'o qkvtjll.fl a� foaJ ,uM< ti, J-1 ol, / -Jk, tip, b 1 "all rys o dV�nww �o 1W IYI . WAI,t/ Xvnt& 1A1, Q dV,wm.ww cylor a,o,ot - M&L U, Jon an�nw�vlA. i�M�c'J -a J Q o o�, I g l�etda �a L bo S 4/v ow 1. ISO s d. wv Ao Rav I - I g ��,ed �Vl,ov . �0.181�8 , I► %,�a J�c�wV� av✓ � 4 � i �} so �0 QR.P.UJ�t� c ti.18S�.IQa.'m� �a 15d "ATO D ` o i M y q4l. 1, &W, 19,01a Ott, lee . L . ►Ws. I (lo A� v - Ynt .0), 3 o+ AV-VL,14aJbvaull - o� o C Or) 4 W V G3, CA j a`P a - d s Q M-6 0 1 r 9 tJ'i x �s - 3L t�, All h � F 4 r 0 -*V dl� ammx,ud, 1+,Q,i �1u. 31s CfW- 61 t UMt ItCOAl �'o �6/aL o cynwvvv.. IAhU. 18'1 wni�lw.tm�u;,�ti wiO, artivu,xir� of �aNP.� dam' TIA, Q1�.i.'�7. X591. to arm, Qu�h, 90 laud., CI'a � 81. u�CP� JD Js Qroidnew' �� J�o � ii a�rooiv h.t � .4`�✓ J'o UAVU-) a P,0,nd .,v ma.ti. a�clRp�a�p �Lawuv �at+a�acf;ovo��Ylo.36. ivn i/�. tn.w�. 1�.aCe�. yaw. ryq. I '✓ �.`4vtt�, 2,oaP� Ga� Eqs. QM dna w �:uU & !L',�o fa roti q��j Y9awualvu��o+�. �ti�1G0'� LA a4U4Af 40. TO 41W � r OVA &UA�r 19A/al �w 5 R V oxoc� v% q �aI I � v h-. I SID Qu� 3 8'09 q a.v . . Qa�' �o a Ysoa. (uMd,3, �0,Uv� c�.�mv l�alxd lied. W. Ib� VW IW� 4 0 J�i�cd G,r,C. tip. Is71.q ouiGA Wlawvt/ G'�po�, �3 Int°� (y, �ltiti �wvfi Isno CJ6,4 IaA& �.Wa-aw/D Liu 04.1,13-191, a� Dt,j Oct �a. �s &. i'� �„ c� p �, sa mirk �Pa8, sy, ra,vwi; �4dar X-fd U (W aua Wti J (lam dv w � wslz. Duna. a � �o .v. tn", Uyt,"". 4j Qm.c� 10, 44. i� u -"4, dc,ecie,d, � ��,o�,p v 100 1441 lyla 04-'vV,Iqs- (�)o A 54 (Yn G'a I�q To c 0 ) 6�A a&V4 mn" AA. to. lsqs d,u�od� 4 iaCno6Wo✓ OA I MQJ& -'YO "0 OL duded ,fa be�.00k, ��aafiwe�Nlo.l� cu, 0 Lk 0 di 9io aw AIL UTA.w- 1�7� Q (WktcxlmP� TO ��, 1.��. IR.Ig83.5 r.m. Ro aid. 10G. T \ o I "JW�r tAIXI, 11, 'Jv J w %U. ifs 0-0 &ouk 5� .Q ��c. lJ � I�U Y 0'� D (I 1avaA dee"d �etwo� .� u,�,io�, ,� . ��.u,__Qcrw eni %�.� o �x�ai�'Vl,an.a e� �.ii.e,�n �c,�.vw I � . I � a o ah� � . U'o- urr.�a � . tit q . folv O-t ji au"O'o 9-0 Ou �.�•�n a �i'Vl��u,v �,o�� ��,. 3. I g "tu Cb.ov -Y' t 4.Q �gS. u�,Jnrvv M3.5 �:rn. � B so (2,0 0-k -q e) s-s7. �w �U�w�vo� ,�o ��.�A �J o ,�,eu�w � " �,a,�,P�, U �b1,�1 y � b �e. �s . �i. tip, .�.o -�v1- s�av -�,�� $.a -tip 'owo� �,�, .`l'�� `��. 6wt Q,� d �.�ur ,P��,a,,,% C� o ode, �-� � - -:, .4'� , ��-. � 1 1�ov e/,.(,nvv. io. nq fur Otaw cii.edp. . 10.1�Sq. 4'✓ nm 1/(y 0Mn.aa/o✓ U 0 c CrW J�0' �;�CUh.�r � 1'0 PD �c eeu,�or � ,� ov�/�' ,g'I,� r o� �ikc • 1 B . 't�B , W �I ; 040. 51. J o 1��a.�i -cL �� . I, I s Qm dn.�ur ,� na;,�e. J ,�;Q,e,d, �e,c , 1 � . I g s � . � �vrn� .. ', G3,o o� i�o �h.�. Qa�� i ia,; �. U v ate: r &3. s4. 0-01 "A) U 0 au d. ADAI��w &, Wov. )S . I b g a Jo D,om^v PIN q. Qapv �F3S MAu p 1TJeo�ii�l r� A,et�z� v� Qdmviw,knu�w,v do Vimw. Maw (�c�. �s. ie8v W10041DW �X/%,,- &I" U44? OtIt a I ).Yt- tio t/vm a{ �� mow. ji PfL0.G., ' Wnvl'kryt �w lAdim� 50 p p "IUW 4 u 1.0. 57/ �71A c d � cYVl,o�g e,,�aw. UJAI TV) , ao at tisu- rWi,t C'ja �sv dA,tv SV �J, M ►, L T �. hod" utmJ ,� a4/t. I O• I � � �. �O n.cv � . Mtv�v � �t,� . ( 18 � . I O y A m►. 0 at tU Af UYLAA Y7 a �p Aeeowdr c�1,C wpfw� tat" wJd,Giwkw �r�cCiZ, Mftu'c�✓ �iv�ua �o�i✓ �v As e.'va 14d tlq"/ of all V:flw R.Amw n,w�u. 0.a Muw' c6lnv4- kic, - 16.18. 1d t +-e- A ovvt uUtJ4 roo is7a 0 p �o liked kUWVVn"OA1V11 0,4 dEN c� TGP�ow�' ""' Q.Ilaaiv Il�o.o C�.ann -w �oe+,%Qv o� At(n.W. ean,Vnw a w.c� b1,o.vh.t �' cwvw�,a neen,w.v� �um.ry 91o�, II 'Wei tioB ". OW a �l✓ aw @A att/vt m du,,tl� a d�w /yt OA& I Io q ��.oao 4U.w L��NnGMn ✓OpN nx.W✓..wel\ 59, 100 4 nn, ,�,<, ryVla,�.� o� du qtt�" l 51)L4 Glel 1 17. ► 9 11 0,.YVI.. � q U", (6/ook 4O Imcot, 6 C, a IaG. A 4. rAMduw,��on.w,Qw, add�/uA,�,) tt � ��d�a, 9, 3 a ri�<�v�� a� t�w 'V I�1,tI . eowu/v o� b UI4 o� . I S , ti& ' 'v�1 ; �,P,,.v�,�,c,Pi �� �,,,I;%„ vw .1,�w �lllar� ,�,,�w o� b'1,t1% 7 � 9 . ev �U4 & " � nu«.d,; ,�%u.�.ce� �f55� �u -''�; r}�1,. 4,10 O-A b,4 foMwm CIOWW4 0 Gq 11 iqo 5v7- � OIYV ,aat:d, sbti+Y 6s�.s� �l,�v�, �,e . � 8 .� ,�,,c,,;,,ee, �lU a,Q rrvi. ,�w �11,on.� �,tiw q- C/K �nen,�,�o�arw OVV-L//vV - Dot Lu/a-v Ct Jo 3,0 Ok Qa � s7. Wt4 61, k/. K�WX1/�0.4h„w2v �O4,a,�pUU�A/ �VV,t� %Lo 60 �4.ie9d. � Y Q,ww,v fly 4 b &t, 18 - Tx - w da �hti` �eod c�vv�y � <b,wwrV 0 y�l ac 5. Qurww ba CNUI 5 u,P�wa,� � on,�2avy d1tv. fto ot III T LVto lt�nl AArwn. UAW i1�oo -ia� MFG 1 Sj- W,a wvj /D 644. Oe,�.4.1. 1g1l,. o"tX1,& juvf�:&I'mw, I C�. b6. �71 •► L 1 0 f .f A Qnowr✓ Ji,Q.ed wi,. L. �Syq. II a.m. �,OO-FW U61 711f� a �. Si1. C�kach,5,�aaLd Qd�.. hoA eilvw 0 "+& 0 6�tmvv (1 YIo,,GCa,�v CY'ar�.u, (li aiP,w�a hem ko w W, � - qp-+ FO 1Ak�:a�✓ �.a/uwuw L M6. OAVLO-t,t4 � q 5 l� S.7� 11o,vf�w�niCJ' uc{, ,m,Mk i,n Qm�.wuwi� � 4�q ss a&Nv aw L �1Jp 50g' 1�2cpi.o � 0314 e . t,aa Q,dc� -I r ,a�,�, Q,�,Q,�,��,�C ��afi� d aw. tip. �jo s Jo �1 �,2,ci, �Q,Pr . k. I9'o5. jj%v O.M. "jxt'lw,&AX4 40 3sgq, .A�;, I� �- I l C�Aoc.�v $ qa 06 P-, ,V�nW,�N t�WW. "ko �rG{n�wa. a ,IQ��wn,+I,d1u�a,G.�w b I ION IR03 �J �rvwON /IjAgNj 13 %. 7cl?. � ��� %f mil ����e� i�Orr e.2. �9ou �� /O y W-e, 0,�, e� �,. ro� oz "A ?A elKlw "Oeoe, /1 13, �, r I (P- � �/, ,*,. ,� ev'' I I - Ax -CA kV 71 -4AAmle C�` 3S 'T .4-1 :, &V do jIt, eo� �giz, d� avi Cis„ ptw g 6--o` � UtA 4K hk A 06-L kIA,41,�L4 - 10,418�t4 � IV -Ac am. fl-, d- / 6 - /� 'l� fit, �.�'� .�.�; ✓k.�- A--,� 4� Aj �] e� c M, acs cQ p •�, cUw1 @ b.c �1 t9 t �-c� -\w1 fi �a it.,—a- �p- JJ U �Ces a�a s tic, -e.+A -4 C,4 "eqj to yl eu s f r &k [ ?� �1r Q -L-� nom/: -P AA r � C9 G�_,,t -'� lr�%lit.rt_1- D�r�..��/�.�%"'� .�- � ✓L Q�uT _ 1�1� � . �` 2 lL.- - _ - - -_ _ _-_i (J,Ci9 t1,1. L _/ li1A D? 2t9 ��. a Q f �t.� Set fA4A ------ - - - - -- - - - -- �Y�_aR , a i® a 86. Secretary of State C. C. Government Plat State of Minnesota Dated February 27, 1854 To Filed April 30, 1932, 8:30 A.M. The - Public Book of Plats of Government 1684403 Field Notes Page 20 Copy of Government Plat of Survey of Township 28, Range 24. 87. The United States of ,' C. G. Patent America Dated April 2, 1857 To Filed July 16 19410 12:20 P.M. William Hoyt Book 1493 of heeds, page 507 2098208 The Southwest 1/4 of Section 18- 28-24, containing 169.32 acres. 88. In the matter of the Probate Court, Estate Hennepin County, Minnesota, Of Case No. 315 Charles L, Williams, 0. C. Order of License to Sell Leceased. Dated December 5, 1870 2098209 Filed July 16, 1941 12:20 P.M. 'agge 'Dook 406 of Misc., 432 Ordered that Horatio E. Mann, Administrator of said estate with the will annexed, be and he is hereby licensed and authorized to sell the following described lands, viz: One undivided quarter of the Southwest 1/4 of Section 18 -28 24 situate in said County of Hennepin Appraisers: -- Sal a Bond $1500.00 89. In the Matter of the Probate Court, Estate Henne in County, Minnesota Of Case No. 315 Charles L. Williams, C. C. Order Confirming sale. Deceased. Dated April 20, 1871 2098209 Filed July 16, 1941 12:20 P.M. Book 406 of Misc., §age 432 Order confirming sale made by Horatio E. Mann'the Administrator with the will annexed, on Mey 40 1871 of the following: One undivided quarter'of the Southwest 1/4 of Section 18 -28-24 unto Andrew Craik for the sure of 41732.53. 90. Certificate of Incorporation Of the Edina- Morningside Church (Community- Congregational) 1758984 Dated May 25, 1934 Filed July 6, 1934, 2:30 P.M. Book 324 of disc., rage 401 91. Articles of Incorporation Dated June 23, 1902 Of Filed September 30 19030 4j P.M. The Minneapolis Congregational Book 97 of Mise... Wage 414 Union (Minnesota Corporation) 373896 92. The Edina Morningside Warranty Deed Community Congregational Dated October 6, 1942 Church (successor by Filed June 6, 19450 11:45 A.M. consolidation to The Edina Book I � 45 of Deeds, Wage 2,b-7 Union Church) Consideration $1.00 etc. (Minnesota Corporation) Lots 10 and 11, Block 5, Craik's To let Addition to Edina. The Minneapolis Subject to encumbrances of record. Congregational Union (Minnesota Corporation) 2289991 93. The Congregational Notice Church Building Society Dated November 23, 1945 (New York Corporation) Filed November 26, 19450 12:40 P.M. To Book ��,35 of Misc., Page Sd The Public The Congregational Church Building 2325169 society, hereby gives notice that it claims an interest in the following: All lots 10 and 11, Block 5 in Craik's let Addtion to Edina in the County of Hennepin and State of Minnesota; that it claims said interest under an instrument designated as a Mortgage executed by the Trustees of the Union Church of Edin , Minnesota hereinafter referred to as the Church, daredJune 18, 190G, recorded in Book 593, Page 428 of Mortgages, that said Mortgage recites that the said Society has granted aid to the stud Church in the sum of $350.00 and that in consideration thereof the said Trustees of the Union Church of Edina, Minnesota does for itself and successors, covenant, grant, promise and agree that in case the said Church shall cease to be an evangelical Church, in fellowship with a Congregational and or Christian Association recognized by the General Countil of Congregational Christian Churches in the United States, or shall for the space of one year suspend public worship in its house of worship, or shall cease to exist in its corporate capacity, or shall by deed, mortgage, or otherwise alienate encumber or allow to be alienated or encumbered its house of worship aforesaid, or any portion of the premises hereinbefore described, then and in such case the said Church shall and will forthwith refund to the said Society, the successors or assigns thereof, the said amounts with interest thereon at 6% from the time of received it the said Church for the better securing the performance by it of the covenants and obligations above mentioned andthe repay- '. ment of the said amount, with interest thereon from the time of receiving it, to said Society, in any of the cases above mentioned and In consideration of ($1.00 paid did grant, sell, convey and confirm unto the said Society the real estate above described; that no part of the above amount has been paid or returned to said Society, and that it claims all of the right, title and interest in and to said J property, and under the above described Mortgage, as in said instrument originally set forth. 94. Taxee for 1921 to 1938, inclusive, Exempt. Taxes for 1939 to 1944, inclusive, Paid. Taxes for 1945, amount $16.25, first half paid, last half not paid. 95. For Judgment and Bankruptcy Search see Certificate attached. In the utter of the 96. Estate of Charles L. Williams, Deceased Doc. No. 2261776 Probate Court, Hennepin County, Minnesota. Case No. 315 Certified Copy Letters of Adkihi6tratior with Will Annexed Dated Sept. 27,- 1870 Filed Nov. 18, 19441 10:45 a.m. Book 449 of Misc., page 235 To Horatio E. Mann, administrix Certificate dated Nov. 16, 1944 attached as to correct copy made by Clerk of Probate Court, Hennepin County Minnesota under Probate Court Seal, with the further Certificate that above Letters were in full force and effect through April 28, 1871,. 97. Taxes for 1945 paid. Taxes for 1946 amounts $5.65 on Lot 10 and $17.28 on Lot 11, not paid. Taxes assessed in the name Minneapolis Congregational Union, Edina. 98. 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. 99. For Judgment and Bankruptcy Search see Certificate attached. I 100 The Congregational Church Satisfaction of Mortgage, recorded Building Society (a New in Book 593 of Mtgs., page 428 • York Corporation) (See No. 76) to Dated Aug. 29, 1947 The Trustees of the Union Filed Oct. 24, 1947s 3 :30 p.m. Church of Edina -- Book "' of Mtgs., page'xj j Doe. No. 2469353 In the presence of two witnesses The Congregational Church Building Society (a New York Corporation) signed and acknowledged Aug. 29, 1947 by Truman B. Douglass and W. K. Newman, respectively Vice President and Secretary (Corporate Seal), by authority of its Board of Directors and said officers before Ruth Esther King, Notary Public (Notarial Seal) State of New York. Commission expires Mar. 30, 1949. 101 The Congregational Church Satisfaction of Mortgage, recorded Building Society (a New in Book 1152 of Mtgs., page 481 York Corporation) (See No. 84) to Dated Aug29, 1947 Edina Union Church, other- Filed Oct: . 24, 1947s 3:30 p.m. wise known as the Trustees In the presence of two witnesses of Union Church of Edina -- The Congregational Church Building Doc. No. 2469352 Society (a New York Corporation) Book,. of Mtgs. , page�,--5 )L_ signed and acknowledged Aug.29, 1947 by Truman B. Douglass and W.K.Newman, respectively Vice President and Secretary (Corporate Seal) by authority of its Board of Directors and said officers before Ruth Esther King, Notary Public (Notarial Beal) State of New York. Commission expires Mar. 30, 1949. 102 Fred K. Willson Affidavit to Dated May 10, 1947 Whom it Concerns Filed Oct. 241 1947, 3:30 p.m Doc. No. 2469355 Book Sa 4- of Misc., page 7� 3 i Fred K. Willson, being first duly sworn deposes and says that he is and has been -a resident of the Village of Edina, County of Hennepin, State of Minnesota during all of the time herein mentioned; that he was a member of Edina Union Church, a religious corporation on Nov. 12, 1904 the date of that certain deed filed and recorded in the office of the Register of (Continued) A (Number 02 Continued) Deeds, Hennepin County, Minnesota on Feb. 24,'1905,,wherein the Trustees of the Union Church of Edina, were the grantees and wherein ots 10 and 11, Block 5, Craik's First Addition to Edina was desc ibed and was a member of such Church during all of the times he einafter mentioned. Affiant ta.tes that he had knowledge and is familiar with that certain mortgage dated June 18 1906 and filed for record in said Register's office on June 25, 1908 in Book 593 of Mtgs., on page 428 made, executed and delivered by The Trustees of the Union Church of Edina and wherein above described premises are described. Affiant states further that he had knowledge of and is familiar with that mortgage dated Sept. 2h, 1941 and filed for record in said Register's office on Oct. 5, 1921 in Book 1152 of Mtgs., on page 481 made, executed and delivered by Edina Union Church, other- wise known as The Trustees of Union Church of Edina and wherein above described premises are described. Affiant further states that he had knowledge of and is familiar with the incorporation of Edina Union Church, certificate of which in- corporation was dated Dec. 8, 1904 and filed for record in said Register's office on Dec. 82 1904 in Book 101 of Misc., records on page 36. Affiant states of -his own knowledge that the Union Church of Edina referred to in the deed and the 2 mortgages above described is one and the same religious society as Edina Union Church referred to in above mentioned certificate of incorporation. 103 The Congregational Church Quit Claim Deed Building Society (New York Dated Aug. 29, 1947 Corporation) Filed Oct. 242 19472 3 :30 p.m....- To The Minneapolis Congregational Book / � of Deeds, page Consideration $1;00 etc. Union (Minnesota Corporation) Lots10 and 11, Block 5, Craik's Doc. No. 2469354 First Addition to Edina, Hennepin County, Minnesota. (In the presence of two witnesses) Acknowledged Aug. 29, 1947 by Truman B. Douglass and W. K. Newman, respectively Vice President and Secretary (Corporate Seal) by authority of its Board of Directors and said officers before Ruth Esther King, State of New York. Commiasion expires Mar. 30, 1949. 104 Edina American Legion Articles of Incorporation Post No. 471 Housing Dated May 14, 1947 Foundation Incorporated Filed Sep. 6, 1947, 10:50 a.m. to Book 50P t of Misc., page /o Whom it Concerns This Corporation shall commence Doc. No. 2459839 upon the filing of these Articles of Incorporation in the Office of the Secretary of State of Minnesota and the Register of Deeds for the County of Hennepin, State of Minnesota. Corporation shall be organized as a non - profit Corporation, without capital stock - - -- Regularly witnessed (two witnesses). Acknowledged May 14, 1947 by Harry S. Davis, Richard J. Duggan, Othmar C. Link; C. E. Corwine; EditTin C. Kruekeberg; C. C. Campbell, L. C. White, Donald J. McClell.en; Edward P. Schmidt; S. F. Kisner; Harmon J. King, L. A. Dyregrev, Lee M. Humphreys, Chas. H. Arnold, Oscar H. Berg, Ralph J. Johnson, Carl Westerberg, Vic Irgens, Cranford W. Ingham, Henry H. Gregg and Arnold I. Raugland before John A. Moore, Notary Public (Notarial Seal)Hennepin County, Minnesota. Commission expires Sept. 16, 1950. 105 The Minneapolis Congregational Warranty Deed Union a t+&n. (Minnesota. Dated Oct. 11, 1947 Corporation ) Filed. Oct. 24, 1947, 3 :30 p.m. To Book of Deeds, page S1 Edina American Legion Post No. Consideration $1.00 etd. 471 Housing Foundation Lots 10 and 11, Block 5, Craik's- Incorporated (Minnesota first Addition to Edina, Hennepin Corporation) County, Minnesota. Doc. No. 2469356 Free from all incumbrances, except taxes due and payable in the year 1948 and subsequent years and un- paid installments of special assessments, if any, Revenue stamps 42.20. Regularly witnessed (two witnesses). The Minneapolis Congregational Union a corporation signed and acknowledged Oct. 11, 1947 by James A. Davis and Floyd E. Nelson, respectively President and Secretary No corporate seal) by authority of its Board of Directors and said officers before A.H. Towler, Notary Public (Notarial Seal) Hennepin County, Minnesota. Commission expires Nov. 2, 1951. 106 Taxes for 1946 Assessed in Th 107 Certifications in Register of and Minnesota Paid. Minneapolis Congregational Union, Edina. by Title Insurance Company of Minnesota cover records Deeds' office of Federal Internal Revenue Lien notices income and. inheritance tax lien notices. 108 For Judgment and Bankruptcy Search see Certificate attached. Edina American Legion Post No. 471 Housing Foundation Incorporated 109 to First Edina State Bank a Minnesota Corporation Doc. No. 2553232 I Mortgage Dated March 28, 1949 Filed March 28, 1949, 3:10 P.M. Book 2406 of Mtgs., pa a 460 To secure payment of $$,000.00 First Edina State Bank Satisfaction of Mortgage, recorded in (Minnesota Corporation) Book 2406 of Mtgs., page 460 (See #109) 110 to Dated Feb. 24, 1950 Edina American Legion Post Filed Feb. 28, 1950, 12 :50 p.m. No 471 Housing Foundation Book ':z4-70 of Mtgs., page � Incorporated - - - Regularly witnessed (two witnesses) Doc. No. 2611828 First Edina State Bank signed and acknowledged Feb. 24, 1950 by E. W. Oredson and T. C. Jackson, respectively Cashier and Assistant Cashier (Corporate Seal) by authority of its Board of Directors and said officers before J. E. Dorsey, Jr., Notary Public, Notarial Beal, Hennepin County, Minnesota. Commission expires, June 29, 1955. Edina American Legion Post Mortgage No. 471 Housing Foundation In- Dated Feb. 21, 1950 corporated ('Minnesota Corporation) Filed Feb. 27, 1950, 11:20 a.m. 111 to Book 2 y(oq of Mtgs. , page 9XI First Edina State Bank To secure payment of 95t600.002 last (Minnesota Corporation) payment Feb. 21, 19602 - - - - Doc. No. 2611563 Lots 10 and 11, Block 5, Craik's first Addition to Edina, Hennepin County, Minnesota. Assignment of Rents and Power of Sale Clauses. Regularly witnessed (two witnesses) Edina American Legion Post No. 471 Housing Foundation Incorporated, signed and acknowledged Feb. 21, 1950 by Arvid W. Anderson and Othmar C. Link, respectively President and Secretary (Corporate-Seal) by authority of its Board of Directors and said officers before Thomas C. Jackson, Notary Public, Notarial Seal, Hennepin County, Minnesota. Commission expires, Jan. 20, 1953• 112 Taxes for 1947 and 1948 paid. Taxes for 1949 amounts $151.32 and $22.70 not paid. Assessed in Edina American Legion Post #471; Edina. 113 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. 114 For Judgment and Bankruptcy Search see Certificate attached. 11 -5 The Council of the Certified Copy of Amendment of Village of Edina the Ordinance of the Village of to Edi.na, Hennepin County, Minnesota Whom It Concerns Dated April. �, 19r2 V Doc. Pdo, 27LK3r Fi.led'April 8, 19c,'2,:1,_ p.m. Book of Misc. , page The Council of the Village of Edina, Hennepin County, Yti..nnesota, do ordain as follolls: Section 1. Section IiI, paragraph (c) of the zoni.nF ordinance of 4he Village of Edina, Hennepin County, Minnesota, passed by the council of said village on the 25th dal- of Pia,-, 192.1, 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 w'.th publ.!lc water and sewer connections or in which public water or sewer connections are contemplated unless such plat c)r 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 mini -mum depth of all the lots in the proposed pl.a`: or subdivision shall be not less than 120 feet. 3. The area of each lot in the proposed plat or subdiv -I.si.on shall be not less than 8,250 square feet. No land shall be platted or subdivided irhi.ch, at the t-1-me of application for approval of the plat, :..s not provided with public water and sewer connections and in which public water or seiner connections are not contemplated unless such plat or subdi_visi.on 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 i_n the proposed plat or subdivision shall be not less than 12�, feet. 3. The area of each lot in the proposed plat or subdi.visinn shall be not less than 11,250 square feet, All lots contained in land hereafter platted or subd vi -ded shall have sidq lines as nearlt as practical at right angles to the street li.ne. Section II. This ordinance shall take effect and be in .force from and after i.ts adoption. Passed by the Village Council this 22 da- of October, 19x1. That the above ordinance was passed nzzrsuant to the authori.t,- of Minnesota Statutes, Section 1,71.2( et sea, and that with such regula- tions in farce, by virtue --f T- 11.nnesota Statutes, Section 1,771.?9, Subdivision 2, no conve --ante of land in which the land conveT-ed is described by metes and bounds or bir reference to a plat made after such regulations became effective which is not approved as provided by statute, shall be made or recorded if the parcel described i_n the conve�,7ance is less than twr) 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 adopti ^.n of the above ordinance or unless an agreement to convey such smaller parcel has been entered into pr'.or to such time and the instrument showing the agreement to convey is recorded in the offiwce of the Register of Deeds within one .-ear thereafter. Ani,- Gh�rner or agent of the owner of land in the Village e,f Edina who conveys a lot or parcel in violation o_f. this statute shall forfeit and pad,- to the Village of Edina a penalty of not less than $100.00 for each lot or parcel so copve; red and such conveyance nay be enjoined. i I 116 Edina. American Legion Mortgfl�7,e Post No. 471, Housing Dated Nov. 7, 1952 Foundation Incorpc?rated, Filed Nov. 12, 1952, 12:50 n m. a Minnesota Corporation EookA 4 of 14tgs., page (No Corporate Seel) To s cur X8,250.00 to Last payment Nov. 7, 1962 - -- First Edina State flank, Lots 10 and 11, Block 5, Cra.ik's a Minnesota Corpore.t:i.on First Addition to Edina, Hennepin Doc. No. 2783467 Connty, Minnesota. Assignment of Rents and Power of Sale Clauses. Witnessed and acknowledged. 1.1.7 No search mp�i e for Old. Ape Assistance Lien Certificates by direction of P-o-ol.ica.nt. 1.18 Taxes for 1949 and 1950 paid. Taxes for 1951 amounts A132.38 and X23.36 1/2 paid, 1/2 not paid and- penalty. Assessed in Edina. American Legion Post 471. (Edina). 119 Certifications by Title Insurance Company of Minnesota cover records in Register of Deeds' Office of Fede.rU.l_ Internal Revenue Lien notices a.nd Minnesota income and inheritance t:x Lien notices. 120 For Judgment and Bankruptcy Search see Certificate attached. Form No. 42. JP &525M - I t I / i I /2 r ' Z4 � 25 1 � 36 i. Title Nourante Compattp of Annoota 125 SOUTH FIFTH STREET MINNEAPOLIS 2, MINN. — --- Il-- --i - -- -- -1. -.-._ - -- - ---- 3/ 13Z i 33 ; 94 3S 1 36 3 / 6 t S 4 i ,3 i 1 t -- 1-- J_— �._-- .L-- -L- --j CONTINUATION OF ABSTRACT OF TITLE —TO- 121. That part of Lots 10 and 11, Block 5, Craik's First Addition to Edina described as follows: Beginning at the Southeast corner of said Lot 10; thence Northwesterly along the North- easterly line of said Lot, a distance of 114.5 feet to a point 98.0 feet Southeasterly from the most Northerly corner thereof; thence South ?9 degrees, Nest, distance of 82.66 feet to a point on the Nest line of said Lot 11, distant 29 feet Southerly from the Northwest corner thereof; thence Southerly along the Westerly line of said Lot 11, a distance of 60.07 feet to a point 65.72 feet Northwesterly from the Southwest corner there- of; thence deflecting to the left at an angle of 11 degrees and running Southeasterly 67.65 feet to a point on the Southerly line of said Lot 11, distant 12.927 feet Easterly from the Southwesterly corner thereof; thence Easterly and Northeasterly along the Southerly and Southeasterly line of said Lots 10 and 11 to the point of beginning. Since: November 13, 1952, 7:00 AM $o Roos / /O cHA /NS 3 33of1 ACRE A rod is 16/ feet. z A chain is 66 feet or 4 rods. 4 zo acKEs 4o Roos 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. 8 80 ACA4S � ��o / /oCMINs An acre containor 160 square rods. An acre is about 208Y4 feet square. 40 chains, 160 rods or 2,640 feet. 4o ACRES 1 31 1 32 11 .13 1 34 1 35 36 3 3/ l I I 1 1 1 1 Zo CHA/NS / /3Zo Fr, .3 7/ G G 1 7 e fi 9; -- + - - --r --- rt--- -� - - -� - -- - - - -4 1 17 ' 16 IS I /?x I 13 _.I.— _...1 —..._ i- - -4 — /9 I z p3 i 24 / /9 i /G o ACE'sfs --- S- -- t--- +--- +- - -i- -- - - - --t 30 Z9 t Z S Z7 Z6 6 t S 4 i ,3 i 1 t -- 1-- J_— �._-- .L-- -L- --j CONTINUATION OF ABSTRACT OF TITLE —TO- 121. That part of Lots 10 and 11, Block 5, Craik's First Addition to Edina described as follows: Beginning at the Southeast corner of said Lot 10; thence Northwesterly along the North- easterly line of said Lot, a distance of 114.5 feet to a point 98.0 feet Southeasterly from the most Northerly corner thereof; thence South ?9 degrees, Nest, distance of 82.66 feet to a point on the Nest line of said Lot 11, distant 29 feet Southerly from the Northwest corner thereof; thence Southerly along the Westerly line of said Lot 11, a distance of 60.07 feet to a point 65.72 feet Northwesterly from the Southwest corner there- of; thence deflecting to the left at an angle of 11 degrees and running Southeasterly 67.65 feet to a point on the Southerly line of said Lot 11, distant 12.927 feet Easterly from the Southwesterly corner thereof; thence Easterly and Northeasterly along the Southerly and Southeasterly line of said Lots 10 and 11 to the point of beginning. Since: November 13, 1952, 7:00 AM it 122. First Edina State Bank (Minnesota Corporation) (Corporate Seal) to Edina American Legion Post No. 4'71 Houslr?g Foundation Incorporated, a Minnesota Corporation Doc. No. 2784977 E Satisfaction of Mortgage recorded in Book 2469 of Mtgs., page 521 (See No. 111) Dated Nov. 10, 1952 Filed Nov. 20 1952, 11:50 a.m. Book 2670 of Atgs., page 433 Witnessed and Acknowledged. 123. Taxes for 1951 and 1952 paid. Taxes assessed in the name Edina American Legion Post 471. (Edina) 124. 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. 125. For Judgment and Bankruptcy Search see Certificate attached. First Edina State Bank Satisfaction of Mortgage, recorded (Minnesota Corporation) in Book 2669 of Mtgs., page 88 (Corporate Seal) (See 116) 126. to Dated Nov. 10, 1953 Edina American Legion Post Filed Mar. 221 1954, 11:50 a.m. No. 471 Housing Foundation Book.jt, of Mtgs., page%` Incorporated, a Minnesota Witnessed and acknowledged. Corporation. Doc. No. 2864746 Edina America Legion Post Mortgage No. 471 Housing Foundation Dated Nov. 10, 1953 Incorporated (Minn. Corp.) Filed Nov. 23, 1953, 2:30 pm. 127. to Book 2739 of Mtgs., page 289 First Edina State Bank, To secure payment of $10,000.00 a Minnesota corporation. Last payment: November 10, 1963 Doc. No. 2846658 That part of Lots 10 and 11, Block 5, Craikts First Addition to Edina, Hennepin County, Minnesota, described as follows: Beginning at the Southeast corner of said Lot 10; thence Northwesterly along the Northeasterly line of said lot a distance of 114.5 feet to a point 98.0 feet Southeasterly from the most Northerly corner thereof; thence South 79 degrees West a distance of 82.66 feet to a point on the West line of said Lot 11, distant 29 feet Southerly from the Northwest corner thereof; thence Southerly along the Westerly line of said Lot 11 a distance of 60.07 feet to a point 65.72 feet Northerly from the Southwest corner thereof; thence deflecting to the left at an angle of 11 degrees and running Southeasterly 67.65 feet to a point on the Southerly line of said Lot 11, distant 12.927 feet Easterly from the Southwesterly corner thereof; thence Easterly and Northeasterly along the Southerly and Southeasterly line of said , Lots 10 and 11 to the point of beginning. And Tracts B and C of of Registered Land Survey No. 212, Files of the Registrar of titles, County of Hennepin, State of Minnesota, the same being registered land as evidenced by Certificate of Title No. 205569. Assignment of Rents and Power of male Clauses. Witnessed and acknowledged. 128. Taxes for 1953, amount $177.42, not paid on above and tither land. Assessed in the name Edina American Legion Post 471 (Edina). 129. 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. 130. For Judgment and Bankruptcy Search see Certificate attached. The Village council of the Village of Edina COrtified Copy Ordinance No. 26 Ado Adopted June 8 131. 0 P , 1959 Whom It Concerns Filed April 6, 1962 Book of Misc., page 11 16 `1 Doe. No. 3340754 An O,dinance Presc�-.tbj 0 X_ j, Cr -o- cedurc, For the Approval. 04' Plats, Requiring Payment of a p e-t� -e and Imposing Othqr Requ - 1 -remarl-,S, Including the Makin of I ece�4sar"Y In1prove.raents in Land The Village Council of the Village of Not Platted. Edina) Minnesota Ordains: Section 1. Filing Plats: Fee All lats presented for approval of the is Council shall be filed with the Villa8e Manager 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 $25-00, p!us $1.00 for each lot in the plat, but not to ex-eed r,� maximum fee of $100.00. Failure of the � Council to apprG, 1. C 1 shall not entitle the Ve tLl(.-) P-Lal:, Person who paid the fee to the return Of any part thereof; Provided, however, that the payment Of such fee bra required only as to plats filed after the date this ordlinance bscoma6 effective. Section 2. Street and Lot Grades; Park Dedication. Every plat Of Previolzsly unsubdivided land, Or replat op platted land which requires the dedication of a new street or a chran-,�e ar, exist- ing street, shall not only comply with ail state law and the Zoning Ordinance (No. 2*6'-'l applicable povl310nS Of ,) of the Village, bu•(. sh&." I also show thereon the grado of all streets and the i'llcan grade of front and rear line.,- of each lot In every pla; of land no- ciabdivided and to be developed for residential purpose,,;, a po,tioxn o.,f such land Of sufficient size and character "shall be se- asido ra,lcl dedicated to the public for p1lblic use as pa7.,k6 allet Section 3. Report eon Plat, The V ill ago Marager , alld t.1,4o planx.J'n ; COwmissiOn shall e,,*.,aruine each plat and r ep " rt thereon in uritiji- t,,, f1,,L0 Co,ono,-11.3. as to the followinc. matters- (a the accuracy of all measu. rements and grades shoc-na tt io-cor.. and (b� the suitability of the plat fx'oln the ztandpoint of " ' planning. V commurd ty In the case of the plats mentioned ill Section. 2 aLSO be raade as to the following matters: raport sinall the adecluacy, of streets and � con4' J. and plaxiller 10M41-Y thoreof with existinj�� i streets and highways in surxcv.nding sa-e,.-as, (d) the S-Lji4-&bi_jjty Of - 'LE street grades in re- L-.Jon to iia"he'.' -r &�L, Al Of 1041-Is and ex.-Tsting or future extensions of ti-,,e Village's. cxd stoi-jrz and sanitax-v sewer systems. (E-) Wher e d'e'dication of such land is required, the svffic-lezv�Y Of Iand (Iedicated for park and playground i:,sro, and the Of the Pa.,�k Board regarding such dedix_;�,ition of land. esti-Mated cost ard, inspe��At'ion ex- of gradinc, Q>) gravelling i�nd porntne t I y Z�treo 1_> 1A -UrfP'Cinz strec�t, in- sign,�3� and con5trvtoting any sto 1� " rya 3-�,!Ors lvhioh I.-a'a. and y t I i o e_s tizr, a t e, d, c os t n c I d Lurlrllf� and itary - -I e r r& .4 constructing, Zan- sawe" F, wato. ailis 'a.dequat'o to lots the of ��u,h �s- sew'er '11-d wacr em r 11C1W_11_,V1C1�r, the tnF,� JFnd .4. i. , f, , h J.n a-, f.:Osts b, t h c DerAN(I e 1U.-V,ne(a "o, 0 •plan*s pa 1 C.", (1 4"", 4. r. hc n E., e 0 to th r' loor t"no . -0 Of j. o .` J, (NO- 131 COntlinu:�d) Section 4. Action by council. lI L UP0 COMPI - on of the report SP0C'f'c-r-I' in Section 3 above, the Plat and poi-t shall be transiritte(I to the Council for approval. The Counci, -, n. a Y (a) grant Preliminary approval of plats :mentioned i.1 Sect-Lon 21 or (b) krant final approval of other plats, or (C) refer the plat for further report to the appropriate Vil)-aga 07:'f icel%s or departments, or reject the plat. Section 5. Plats Given Preliminary Approval. lihell pro, m-1.11ary approval. has been given to a plat, the person who filed such Cause all street, pl�it shall L� , water and sewer improvements required by the reDo-,,t thereol,I to be completed, at his own expense and under the supervi's'e ore of the Village Engineer, .4. , or in lieu of making such improvements, he shall sign a subdivision financing agreement, and file a bond to assure per- formance thereof. - uch ag�.•eement, 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 paylment of special assessments or otherwise at least one-third in each of three pgars, the last Payment to be made not later than Decc,.Iliber 31 of the third year from the Y�-,ar in which special assessments for such * " axaprovemaInts are levied; provided, however, that the Village sh-all not bo obligated to r d enter into sich agreement if the developer "' O,:�,S not f fl-a a bond as hereinafter described or if. the Village Council determines that the L. Village must borrow Toney to pay its agreement and such borro4,�ing will jeo costs Of construction under such pardize the Village's credit rating. Such agreement shall. also provide th<lt if sTe ial assessments have been leviel' for the making of such '_i,,npr, � ovemc ts .d upon the transf-e t'o such lot, in the plat and rerain unpaj n agairst nny lot of title they shall be paid or Prepaid in full to the Village Ta.,easurer and the COtIn.ty Treasurer of Hennepin County. The bond herein required shal.3 be given by the developer, with a corpora„1 gar, approved by the Council as svo,-e-1;y J.11 the ful'-I of ail costs of making the impl'Ove-Marl"I's Specified in 1-.he s-uilb- division financing agreement not paid in cash by'tIIa developer be.-Core Or at thie time of entering into such agreement, and s1hall be given for the securing to the Village the payment of all such Coot's within the Period specified in such agreement. Section 6. Final Approval of Plat. When a plat has been give,-, preliminary approval by the Councl-I and the required improvements have beer, completed, subdivision financing ':' agreement executed, or bond fur- nished as herein required, the Villa mentary report thereoln v!ith the e Manager shall submit a supple- Plat 'to the Council for final approval. Section 7. Street Maintenance. Until t11 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 chargeable be cargeable 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, tbAs ordinance shall apply to all plats heretofore filed but .-,Ot yet given preliminary approval by the Village CounC.I.I., and tO all plats lacreaflcir filed. Section 9. Effective date. This ord.-Linnnee shall be in full force and effect upon its passa&.3 a� iid uablic„tion as provided by law. Y The Village Council Certified Copy of Resolution of the Village of Edina Adopted Jan. 27, 1958 132. to Filed Aprif 6, 1962 Whore It Concerns Book of Misc., page Doc. No. 3340756 Resolution 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: I. 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 platted 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 bona, and the payment of all costs thereof. 2. The requirements of paragraph I 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, 1958, 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 s6fficient to (continued) ' ' �► 1 (Entry No. 132 Continued) pay the cost of a I I impr =ovements of the types described in paragraph which the Village determines to construct and install within the sub -- division; such payment to be made in cash or in installments extending otrcr a period not exceeding three years from the time of such con - stpuction 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 by the Council prior to the date of this resolution. � Village Council Certified Copy Ordinance No. 263;' Village of Edina Dated Jan. 101 1966 133. to Filed Jan. 19, 1966 1'lhom it Concerns Book of "disc., page Doc. No. 3585147 An Ordinance Constituting the Council as the Platting ,%uthority 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 Vi l ! acre Council of the Village of Edina, Minnesota, Ordains: Section I. _Pl attinq Authority to :'ipprove Plats. The Village Council shall rve as the Platting Authority of the Village in accordance with Minnesota Lavin of 1965, Chapter 670, Section 8 (Minn. St., Sec. 462.358). No plat, replat or subdivision of land in the Vi l 1 age shall be filed or �cc:ept. ►�d for fi l inch by the Hennepin County Register of Deeds unless it is accompanied by a certified copy of a resclurion adopted by the favorable vote of a majority of the members of the Village Co►.lncll approving such plat, replat or, subdivision. Section 2. Fi linty Plats ; Fee. All I plats presented for the approval of the Village Council( ,h;_ I 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 render-P:.d by employe::; of the Village in processing the proposed plat. The amount ol':such fee shat 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 a l l or any par-L t'.rr_reof. Section 3. PI ats to_CoEiiD l y _w3_th Law and Zo_ning_._.tA•dinance . (a) 'Eve. y p I at, rep I at or subdivision of I and sha I I comp I y';rith a I I applicable provisions of state law and the Zoning Ordinance (No. 261) of the ViIIage. (b) Every plat of previously unsubdivided land, or r•e[,lat 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 unsz bdivided ( and 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. Any money so paid to the Village shall be placed in a specie:{ Fond and used only for the acquisition of land for parks and P! ayrPOUnds. Section $• Re,crt on Plat. The Planning Commission with the assistance of the Planning Department sha 1 l examine each plat and report and make a recommendation thereon in writing to the Council as to the following matters: (a) the accuracy of all measurements and grades shown thereon, and (Continued) Y s � 1 (Entry No. 133 continued) (b) the suitauil -ty ot- 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 followyng matters: (c) the adequacy of stree -ts 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 FuturV; e tensions 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 Bark Board regarding such dedication of land, (f') the estimated cost (incl udi.na- engineering and inspection expenses) of or-ading, gr:velling and permanently surfacing streets, .Lnstalling street signs, and constructing any storm sewers which may be necessary, -ind (g) the estii. ated: cost (. nc I u(' 4nc 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 'tillage sewer end water systems is feasible. However, the owner of the land included in the plat, or his agent, in Ii. -.0 of IiF�vinq the fcrrq:a ne cos'ts Estimated by the Village, may employ at his expense, a reg'stervc engineer to prepare preliminary plans and estimates of cos.,t of the necessary improvements 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 filing o the plat. Section 6. Publ- ic Ffeari � "t its next regular meeting after receipt of the repor-t and recommendation of the Planning Commission on ony plat, repl.t or subdivision hereunder, the Village Council shall set a date for 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 small 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 modification, (c) refer the plat to the E!rnroc,riate Village officers or departments for further investigation and report to the Council :zt a specified future iIeeting thereof, f "r (d) reject the plat. Sect on 7. M:.ts Given Preliminary Approval. 1 %'hen preliminary L.pprova t has been given to a p I at,�the person who filed such plat sha I l cause all street water and sewer improvements required by the resolution granting such approval to be completed, at his own expense and under (continued) K (Entry No. 133 continued) 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 bcrrow.ing 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 Count. The bond herein required shaiI be given by the developer with a corporation approved by the Councl! 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 the payment of al° such costs within the period specified in such agreement. Section S. Final - Approval of P I at . 4;Ihen a plat has been given preliminary approval by the Council and the required improvements have been completed, or.subdiviswon f- Inancing 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. Filinq 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. 11henever 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 Maintenance. Until a street in a plat has been comp.l_eted__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 [.,is 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 lI. 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 (continues') (Entry No. 133 continued) of this ordinance referring to Minnesota Laws of 1965, Chapter 670 ' notwithstanding that said chapter-will not go into effect until JalIllary 1, 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. Adopt-ed: December 20, 1965. (Signed Arthur C. Bredesenl Jr., Mayor Attest: (Signed) Florence B. Hallberg, Village Clerk. Published in the Edina-MornIngside Courier December 23, 1965. 0 Villape Council Certified Copy Ordinance No.263A-1 Village of Edina Dated 134. to Filed November 27, 1967 Whom it Concerns Book of Misc., page Doe. No, 36PS232 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 1. 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, 11, 12 and 13, respectively. Section 2. Ordinance No. 263A is hereby amended by adding thereto a new section 5 reading as follows: "Section 5. 11 n d_g_rygla� u i d ID --It a I I at i on of Electrin -and Telen ., -W —ire All new electric distribution lines (excluding main line feeders and high voltage transmission lines), telephone service lines, and services constructed within the confines of and providing service to customers ill newly platted areas sha ll 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 Y unusual topographical, soil or other physical conditions make uYeapround inst6i1ation 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 passape 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: Octoker 16, 1967 Second Reading: November 6, 1967 Published in the Edina Courier November 9, 1967 (sinned) Arthur C. Bredesen, Jr., Mayor Attest: (signed) Florence B. Hallberg, Village Clerk Village Council Village of Edina, Minnesota (Corporate 135• to Whom it Concerns Certified Copy Ordinance No. 801 -1 Dated --- Seal) Filed. Dec. 18, 1970 Book 70 of Hennepin County Records, page 3862421 (No. 263A -4 in ordinance arrangement before 1970 codification) An ordinance amending Ordinance No. 8011 (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 1. Section 4 of Ordinance No. 801 (263A) of the Village, as amended, is hereby amended to read as follows: "Sec. k. Dedication of land for parks and open space and dedication of land or easements for the protection 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 plat, replat or subdivision, and their guests, or shall be dedicated to the public for public use as parks and play- grounds. 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 organiza- tion so that fee simple title shall be vested in such organization, provided that suitable arrangements have been made for maintenance of said land and and building thereon, and provided further, that an 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 50 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 orations. 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 ease- ment is granted shall not make, do, or place, any fill, grading, improve; -. ment or development of any kind on or to such easement area, or raise the level of the easement area in any way, but all such right to fill., grade, improve and develop, and to raise the level of the easement area, shalt. 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. I Village Council Certified Copy Ordinance No. 801 -2 Village of Edina, Dated - -- Minnesota (Corporate Seal) Filed Dec. 18, 1970 136. to Book 70 of Hennepin County Whom it Concerns Records, page 3862+22 (No. 263A -5 in ordinance arrangement before .1.970 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. Responsib-ility 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 appyoval to be comple -ed, 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 not 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 Villagre Council determines that the Village must borrow money to pay its costs of construction under such agreement and such borrowi-ag will jeopardise the Village's crec3x.t rating. Such agreement shall also provide t :hzi,t if the developer transfers any lot or parcel in the platted area;: whale 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 seoarate agreement and recorded in the appropriate offi-1- at d.eveloner'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 riot 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 instruc:tionS 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_ agree to accept it for the specif:i.c plat in lieu of suc, bond or cash escrow. Such Letter 07 Credit, if accepted., shall be from a national or state bank having an offi, e in the Village, be for the full amount of the unpaid improvement casts,, and contain provisions whereby funds will be paid to th.e 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." 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.. Village Council of the Village of Edina, Minnesota (Seal) 137. to Whom it Concerns Certif=ied Copy Ordinance No.801 -A3 Dated - Filed April 12, 1971 Book 71 Hennepin County Records Page 3878409 An Ordinance Amending Ordinance No. 801 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: "Seca S. 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 "Agreement "). 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, (8) 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 hultiple Residence 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 (i) if the plat improvements required by such resolution are not allocated among he 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 (B) above, does not file a bond or deposit cash in escrow as hereinafter described, or does not deliver a Letter of Credit as here i na ftcr described, or ( iii ) as to any improvements, if the V i I I age Council determines that the V i I l age must borrow money to pay its costs of construction under such Agreement and such borrowing wili 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 mode pursuant to said Agreement remain unpaid, they will be paid or prepaid (Continued) l- (Entry No. 137 Continued) 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 corp o- 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 (13) 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 (8) above, 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 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 (8) 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 Flat. 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 pet -son or persons who filed such plat, and recordable separate agreement relating to payment of special assessments upon sale of property executed, and security furnished, all as herein required, the Village hanager shall submit a supplementary report thereon with the plat to the Council for final approval, which shall be given by resolution." Sec. 3. Repea I er.. 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. Village Council of Edina, Minnesota 138. to Whom it Concerns -1 Certified Copy Ordinance duo . SU VO4 (Seal) Dated - Filed Apr. 12, 1971 Book 71 Hennepin County Records Page AND() An Ordinance Amending Ordinance No. 801 of the Village to Require Land or Easements for Protection of Natural ► ester Bodies The Village Council of Edina, Ninnesota, Ordains: Section 1. Subparagraph Q) 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 V i I l age 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 hydoau l i c o f F i c i ency and the natural character and beauty of such t ak , pond or stre 6m, the Planning Commission shall determine which of these options is more appropriate and shall recommend to the V i l l age Council one of said options. In either case., there shall also then be granted to the V i l i age the right of ingress to and egress from the said strip of land with mien, 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, grads', improve anf_l 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 riled with the Office of the Register of Deeds, Hennepin County, Minnesota. Village Council of the Certified Copy Ordinance No.801 -AS Village of Edina, Minnesota(Seal) Dated - 139• 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 i;he Village of Edina, Minnesota, Ordains: Sec. I. Section 6 of Ordinance No. 8011 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 upori 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 generally 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 Deeds, Hennepin County, Pi i nnesota. Ray M. Gidney, Certificate Comptroller of the Currency Dated July 30, 1954 11+0. to Filed August 10, 1954 Whom it Concerns Book 698 of Misc., page 489 Doc. No. 2890066 First Edina State Bank located in Edina, Minnesota has complied with all the provisions of the Statutes of the United States required to be complied with before being authorized to commence business as a National Banking Association. Now, therefore, I, Ray M. Gidney, Comptroller of the Currency do hereby certify that the above named bank is authorized to commence the business of banking as a National Banking Association under the title "First Edina National Bank" effective August 2, 1954. First Edina National Bank (United States of America Corporation) (Corporate Seal) 141. to Edina American Legion Post No. 471 Housing Foundation Incorporated (Minn. Corp.) Doc. No. 3565052 Edina American Legion Post No. 471 Housing Foundation Incorporated (Minnesota Corporation) (No Corporate Seal) 142. to First Edina National Bank, a National Banking Association Doc. No. 3565053 First Edina National Bank/,-,k,; (4n-it ed --_St at.e s Gerp- or- a— t1- on, -),(Corporate Seal) 143. to Edina American Legion Post No. 471 Housing Foundation Incorporated (.Minnesota Corporation) Satisfaction of Mortgage Recorded in Book 2739 of page 289 (See # 127) Dated September 23, 1965 Filed September 27, 1965 Book 3563 of Mtgs., page Mtgs. , 543 Mortgage Dated September 17, 1965 Filed September 27, 1965 Book 3562 of Mtgs., page 187 To secure $2,850.00 Satisfaction of Mortgage Recorded in Book 3562 of Mtgs., page 187 (See #142) Dated November 18, 1969 Filed December 12, 1969 Book 69 Hennepin County Records page 3809361 Edina American Legion No. Slope Easement 471 Housing Foundation Dated June 11, 1968 Incorporated (Said Corporation has Filed July 16, 1968 No Corporate Seal) Book 68 Hennepin County Records 144. to page 3724872 State of Minnesota Consideration: $500.00 Hereby grants to the State of Minnesota the right to construct a slope on all that part of the following described property in Hennepin County, Minnesota, as a part of the general plan of improvement and protection of Trunk Highway No. 35: The right to construct slopes on and remove materials from all that part of the following described tract, which right shall cease on December 1, 1972 or on such earlier date upon which the Commissioner of Highways determines by formal order that it is no longer needed for highway purposes: Lots 10 and 11, Block 5, Craik's First Addition to Edina, excepting therefrom that part described as follows: Commencing at the northwest corner of said Lot 11 at a judicial landmark; thence south on the west line of said Lot 11 a distance of 29 feet; thence north 791 east to the east line of said Lot 10; thence northwesterly along said east line to the most northerly corner of said Lot 10; thence south along the west line of said Lot 10 (Continued) { (Entry No. 144 Continued) to a judicial landmark at the northeast corner of said Lot 11; thence west along the north line of said Lot 11 to the point of beginning, also except that part described as follows: Commencing on the south line of said Lot 11 at a point distant along said south line of 12.927 feet easterly of the southwest corner of said Lot 11; thence westerly along said south line to the southwest corner of said Lot 11; thence northerly along the west line of said Lot ll for 65.72 feet; thence southerly to the point of beginning; which lies southerly of the following described line: From a point of Line B described below distant 258.16 feet easterly from its point of beginning, run northerly at right angles with said line B to an intersection with the northerly line of Eden Avenue which is the point of beginning of the line to be described; thence run westerly to a point distant 50 feet northeasterly (measured at right angles) from a point on Line A described below distant 95.57 feet southeasterly from its point of termination and there terminating. Line A. From a point on the south line of section 18, township 28 range 24, distant 42.56 feet east of the southwest corner thereof, run southerly at an angle of 890 33' 39" with said south section line (measured from east to south) for 416.66 feet; thence deflect to the left at an angle of 900 for 57 feet to the point of beginning of the line to be described; thence deflect to the left at an angle of 900 for 100 feet; thence deflect to the left on a 0 °59'25" curve (delta angle 60 45' 10 ") for 682 feet; thence on tangent to said curve for 28.79 feet; thence deflect to the right on a 60 00' curve (delta angle 260 21') for 439.17 feet; thence on tangent to said curve for 836.46 feet; thence deflect to the left on a 200 00' curve (delta angle 540 17' 55 ") for 271.49 feet; thence on tangent to said curve for 115.66 feet and there terminating; Line B. From a point on LineAdescribed above distant 111.96 feet southeasterly of its point of termination run westerly at an angle of 500 24' 40" with said Line B (measured from a northwesterly to a westerly direction) for 106.16 feet to the point of beginning of the line to be described; thence run easterly along the last described course for 100 feet; thence deflect to the left on a 100 00' curve (delta angle 300 14' 35 ") for 302.43 feet and there terminating. Grantor is the owner of the above described premises and has the lawful right and authority to convey and grant the slope easement herein granted. It is agreed, and the right is hereby granted, that all earth or other materials necessarily excavated, removed or taken from said premises in the construction of said slopes shall become the property of the State to be removed, or used in the construction of Trunk Highway No. 100, or otherwise disposed of as the State may deem fit. The State may, for the protection of said slopes, at its option, seed or sod same. Grantor, for itself, its successors and assigns, does hereby release the State of Minnesota, its successors and assigns, from all claims for any and all damages resulting to the above described tract by reason of the extinguishment of said easement or right of access. . f- First Edina National Bank Consent of Mortgagee 145. to Dated June 27, 1968 Whom it Concerns Filed July 16, 1968 F Book 68 Hennepin County Records page 3724872 The first party, owner of that certain mortgage dated September 17, 1965 recorded in the office of the Register of Deeds of Hennepin County, Minnesota, on September 27, 1965, in Book 3562 of Mtgs., page 187, covering the lands described in the foregoing slope easement dated June 11, 1968, does hereby consent to the Slope Easement therein granted to the State of Minnesota, and does hereby agree that said mortgage shall be subject to the rights conveyed to the State of Minnesota therein. 146. Taxes for 1970 and prior ,years paid. Taxes for 1971 amount $1,701.64, not paid and penalty. (Assessment also covers other land) Assessed in the name of American Legion No. 471. Plat 74910; Parcel 1050. (Edina #24) 147. 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. 148.. For Judgment and Bankruptcy Search see Certificate attached. Village Council of the Certified Copy Ordinance No. 801 - Village of Edina, Minnesota (Seal) A6 Dated - 149. to Filed Sept. 22, 1971 Whom it Concerns Book 71 Hennepin County Records Page 3907687 An Ordinance amending Ordinance No. 801 of the Village to require platting with residential rezoning, to require dedication of land or contri- bution of cash for Parks and Playgrounds and for Final Plat Approval Procedure. The Village Council of the Village of Edina, Minnesota, Ordains: Section I. Section 3 of Ordinance No. 801 is hereby amended by changing the heading thereof as follows: "Sec. 3. Plats to Comply with Law and Zoning Ordinances; Plats Required for Residential Rezonings." 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 ac- cordance with this ordinance, in connection with and at the time of such transfer." Sec. 3. Subparagraph (a) of Section 4 of Ordinance 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 37o thereof in area, shall be set aside and dedicated by the tract owner or owners to the general public as open space for park and playground purposes. Provided, however, that in such plats, replats or subdivisions in excess of 30 acres, the tract owner or owners shall have the option of contri- buting to the Village an amount of cash equal to the undeveloped value of the land otherwise 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 10 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 part of such land and the balance of such undeveloped land value in cash. Land then set aside and dedicated for public park and playground purposes pursuant to Section 5 (Planned Residential District) of Ordinance No. 811 may be considered as set aside and dedi- cated under this Ordinance No. 801 to the extent required hereunder in connection with such plat, replat or subdivision, but then only to the extent that such land is in excess of the open space then required by Ordinance No. 811. 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, development of existing parks and playground sites, and debt retirement in connection with land previously acquired for parks 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 preliminary 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 land by im- provements, including utilities, streets and other public improvements serving such land, but including in such determination the highest and best use to which the land can be put under the zoning district then existing or under that zoning district to which the land is then about to be transferred." Sec. 4. Section 9 of Ordinance No. 801, as amended, 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 relating to payment of special assessments upon sale of property executed, and security furnished and land set aside and dedi- cated or equivalent cash contribution made, 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 re- solution." Sec. 5. This ordinance shall be in full force and effect upon its passage and publication, and when effective shall be filed with the office of the Register of Deeds, Hennepin County, Minnesota. 150. Taxes for 1973 and prior years paid. Taxes for 1974 amount $2,186.72 not paid. Assessed in the name of American Legion Rost No, 471; Plat 74910; Parcel 1050; (Edina #24) 151. 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 Dien Notices. 152, For Judgment and Bankruptcy Search see Certificate attached. 1 No. 679230 x Verified by 6� 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 Edina American Legion Post ) No, 471 Housing Foundation ) Incorporated ) (Minnesota Corporation) ) June 7, 1971 DATES May 10, 1974 7AM Dated at Minneapolis, this 10th day of MaY 19 74 TITLE INSURANCE COMPAN OF MINNESOTA Form No 8 By Asst. Secretary No. 971617 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 Edina American Legion Post No. 471) housing Foundation Incorporated ) (Minnesota Corporation) ) June 7, 1961 Dated at Minneapolis, this 8th day of June Iq D bbForm No 8 DATES June 8, 1971, 7AM TITLE INSURANCE COMPANY OF MINNESOTA BY sst. Secretary T.D.�~J180753 No 459384 r Verified by CERTIFICATE ON JUDGMENT LIEN AND BANKRUPTCY DOCKETS THIS CERTIFIES that we have searched and examined the Judgment Lien and Bankruptcy Dockets in the fol- lowing named Courts: District Court, Fourth Judicial District, Hennepin County, Minnesota. United States Circuit Court, District of Minnesota, Fourth Division. United States District Court, District of Minnesota, Fourth Division. We find no bankruptcy proceedings and no unsatisfied judgments or notices of Internal Revenue Tax Liens appear. ing therein 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.) MIMI- Edina American Legion Post No. 471) Housing Foundation Incorporated ) (Minnesota Corporation) ) I Oct. 6, 1953 DATES March 23, 1954,7AM Dated at Minneapolis, th;. 23 rd day of March , 19_54 TITLE INSURANCE COMPANY OF MINNESOTA Fee $ 1. 00 Form No. 8, L.P. 12- 52 -30M By Asst. Secretary 1 No 4 9L o o I Verified by CERTIFICATE ON JUDGMENT LIEN AND BANKRUPTCY DOCKETS THIS CERTIFIES that we have searched and examined the Judgment Lien and Bankruptcy Dockets in the fol- lowing named Courts: District Court, Fourth Judicial District, Hennepin County, Minnesota. United States Circuit Court, District of Minnesota, Fourth Division. United States District Court, District of Minnesota, Fourth Division. We find no bankruptcy proceedings and no unsatisfied judgments or notices of Internal Revenue Tax Liens appearing therein 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 DATES Edina American Legion Post No. 471 ) Housing Foundation Incorporated ) (Minnesnta Cnrnnrnttnn) ) Nov. 12, 1952 Oct. 7, 1953,7AM Dated at Minneapolis, this 7th day of O n t obar 19-11�L3— TITLE INSU AN COMPANY OF MINNESOTA Fee $ 1.00 �,, Form No. 8, L.P. 9- 51 -30M By Asst. Secretary T. D. 113100 No. 427041 Verified bit CERTIFICATE ON JUDGMENT LIEN AND BANKRUPTCY DOCKETS THIS CERTIFIES that we have searched and examined the Judgment Lien and Bankruptcy Dockets in the fol- lowing named Courts: District Court, Fourth Judicial District, Hennepin County, Minnesota. United States Circuit Court, District of Minnesota, Fourth Division. United States District Court, District of Minnesota, Fourth Division. We find no bankruptcy proceedings and no unsatisfied judgments or notices of Internal Revenue Tax Liens appearing therein 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 Edina American Legion Poet No. 471 ) Housing Foundation Inoo DATES rated )i Feb. 28. 1950 1 Nov. 13, 1952.7AM Dated at Minneapolis, thin 1. th day of November ig--52 Fee a 1.00 Form No. 8. L.P. 9- 51 -30M TITLE INSUG RA�TCE C MP OF MINNESOTA By tr t. Secretary T. D. 131510 No- 35096 Verified by CERTIFICATE ON JUDGMENT LIEN AND BANKRUPTCY DOCKETS THIS CERTIFIES that we have searched and examined the Judgment Lien and Bankruptcy Dockets in the fol- lowing named Courts; District Court, Fourth Judicial District, Hennepin County, Minnesota. United States Circuit Court, District of Minnesota, Fourth Division. United States District Court, District of Minnesota, Fourth Division. We find no bankruptcy proceedings and no unsatisfied judgments or notices of Internal Revenue Tax Liens appearing therein 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 y DATES Edina American Legion Post No. 471 Housing Foundation, Incorporated ) Oct. 24, 1947 Dated at Minneapolis, Ain Ziat day OL March 19 March 1, 1950,7AM TITLE INSURANCE COMPANY OF MINNESOTA Fee $ 1-00 Form No. 9, L.P. 2- 49 -30M By _ r � - -_ -��' _Asst. Secretary T.D. 131510 N.313558 Verified by- CERTIFICATE ON JUDGMENT LIEN AND BANKRUPTCY DOCKETS THIS CERTIFIES that we have searched and examined the Judgment Lien and Bankruptcy Dockets in the fol. lowing named Courts: District Court, Fourth Judicial District, Hennepin County, Minnesota. United States Circuit Court, District of Minnesota, Fourth Division. United States District Court, District of Minnesota, Fourth Division. We find no bankruptcy proceedings and no unsatisfied judgments or notices of Internal Revenue Tax Liens appearing therein 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 The Congregational Church Building Society 3 Oct. 16, 1930 The Minneapolis Congregational Union March 24, 1947 Edina American Legion Poet No. 471 Housing Foundation Ineor Oct. 160 1930 DATES Oct. 25, 1947,7AM Oct. 25, 19470 7AM Oct. 25, 1947,7AM Dated at Minneapolis, this 25th day of October 19-4-7_ TITLE INSURANCE COMPANY OF MINNESOTA Fee ,$ 3.00 Form No. 8. L.P. 7- 47 -30M By �=a Secretary Verified by___. _. CERTIFICATE ON JUDGMENT LIEN AND BANKRUPTCY DOCKETS THIS CERTIFIES that we have searched and examined the Judgment Lien and Bankruptcy Dockets in the fol- lowing named Courts: District Court, Fourth Judicial District, Hennepin County, Minnesota. United States Circuit Court, District of Minnesota, Fourth Division. United States District Court, District of Minnesota, Fourth Division. We find no bankruptcy proceedings and no unsatisfied judgments or notices of Internal Revenue Tax Liens appearing therein 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 DATES The Minneapolis Con re ational,Union Aug. 29 1946 March 25, 1947,7AM a Dated at Minneapolis, this 25th day of Mxtrnh 19-47- TULE INSURANCB COMPANY OF MINNESOTA Fee $ 1,00' Form No. 8, L.P. 5- 46.30M By "� ��"1� Amt• SeCtetgry No.......1.?.�9.....�.... Verified by ............................. CERTIFICATE AS TO JUDGMENTS AND AS TO BANKRUPTCY PROCEEDINGS THIS CERTIFIES that we have searched and examined the Judgment Lien and Bankruptcy Dockets in the following named Courts, viz.: District Court, Fourth Judicial District, Hennepin County, Minnesota. United States Circuit Court, District of Minnesota, Fourth Division. United States District Court, District of Minnesota, Fourth Division. We find no bankruptcy proceedings therein by or against the persons named hereon; and find no unsatisfied judgments or notices of Internal Revenue Tax Laens docketed therein against ,the persons named hereon, between the dates set opposite their respective names, except as shown hereon. No search made as to parties the middle initial of whose name is other than as stated herein. The Trustees of the Union Church of Edina Edina union Church or The Edina) Union Church ) The Edina Morningside Community) Congregational Church ) The Minneapolis Congregational) Union ) Dated at Minneapolis, Minnesota Fee $4.00 F11IN� October 16, 1930 October 16, 1930 October 16, 1930 October 16, 1930 s 30th day of August, Minneapolis Abstract By lz . June 7, 1945 June 7, 1945 June 7, 194& August 30, 194607 AM 1946 at 7 A.M. Corporation Secretary. N No. 56634 Verified by yam_ CERTIFICATE AS TO JUDGMENTS THIS CERTIFIES that we have searched and examined the Judgment Lien Docket in the following named Courts, viz: United States Circuit Court, District of Minnesota; United States District Court, District of Minnesota; United States Circuit Court, Fourth Division, District of Minnesota; United States District Court, Fourth Division, District of Minnesota; District Court, Fourth Judicial District, in and for the County of Hennepin and State of Minnesota, and find no judgments docketed therein and unsatisfied of record against either of the following named persons between the dates set opposite their respective names, except as shown hereon. No search made as to parties the middle initial of whose name is other than stated herein. NAMES The-Trustees of the Union) Church of Edina j No bankruptcy proceedings by or against The Trustees of the Union Church of DATES Oct. B. 1921 YAM Dated at Minneapolis, this ^fir day of Q.cAber 192- -3 Fee $ .50 REAL ESTATE ABSTRACT COMPANY, gy__(/ Secretary. No. 53'786 Verified by CERTIFICATE AS TO JUDGMENTS THIS CERTIFIES that we have searched and examined the Judgment Lien Docket in the following named Courts, viz: United States Circuit Court, District df Minnesota; United States District Court, District of Minnesota; United States Circuit Court, Fourth Division, District of Minnesota; United States District Court, Fourth Division, District of Minnesota; District Court, Fourth Judicial District, in and for the County of .Hennepin and State of Minnesota, and find no judgments docketed therein and unsatisfied of record against either of the following named persons between the dates set opposite their respective names, except as shown hereon. —None No search made as to parties the middle initial of whose name is other than stated herein. NAMES I DATES The Trustees of the Usdon Ch zch of Edina No bankruptcy proceedings by or against The Trustees of the Union Church of Edina June 7, _1911 _ _ surge --- &,-- ssX, .7.dDd_._ . Dated at Minneapolis, this Sth _day of trine _1921_ Fee $ 050 REAL ESTATE ABSTRACT COMPANY, By — Secretary. (7- USE WHEN NO JUDGMENTS ARE SHOWN. _ -_ Order No. ................. .� ................. CERTIFICATE AS TO JUDGMENTS. It THIS CERTIFIES that we have searched and examined the Judgment Lien Docket of the District Court, Fourth Judicial District, Hennepin County, Minnesota; also the Judgment Lien Docket of the United States Circuit Court, District of Minnesota, Fourth Division; also the Judgment Lien and Bankruptcy Dockets of the United States District Court, District of Minnesota, Fourth Division, and find no Judgments unsatisfied of re- cord docketed therein against either of the following named persons, between the dates set opposite their respective names. No search made as to parties the middle initial of whose name is other than stated herein. DATES NAMES - MONTH DAY YEAR MONTH DAY V-SAR OUR Ze ` �o1W /a /,M-- -'-v` /90 � I 1 Neither any bankruptcy proceedings by or j against Dated at Minneapolis, Minnesota, this %'' day of MERRILL ABSTRACT COMPANY, Fees, $- ,✓ Iq