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HomeMy WebLinkAbout1760Minnesota Form No. 4. l ( (0 D Doc. No...... ... ............................... WARRANTY DEED Corporation to Corporation ............ ............................... Office of Register of Deeds, *tate of 01innegotal, Countyof ................................... ............................... 7 hereby certify that the within Deed was filed in this Office for record on the ......................day of........................ ............................... 19............, at ....................o' clock........................ X., and was duly recorded in Book ..................... of Deeds, page ........................ .............................................................. ............................... Register of Deeds. By.............. ............................... ........................Deputy. Taxes paid and Transfer entered this ........................day of........................ ............................... 19............ ................................................................ ............................... County Ruditor. By.............. ............................... ........................Deputy. Tax statements for the real property described in this instrument should be sent to: ...... .............. ......r ... ... Xame ................ .............. ............................... .Address - u", Recording Fee $2.00 !'1 L o 4CGE 904 FES -8 -74 6 9 0 4 002.002a B OFFICE OF R ";- 'ISTER OF DEEDS STATE OF MINNESOTA COUNTY OF HENNEPIN I herFf�y certify that the w hin instrument v, as filed for record in this office on the 8 day of FEB A.D. 1974 at 3 410 o'clocKI M., and was duly recorded in book 7 4of Hennepin County Records page 4066 L14 HL iSIER OF DEEDS By �" i ct —M vim FEPUT$RIWER OF DEEDS No delinque „t taxes and Transfer entered. F~*i�l��:�NCE D ISIOoN HENtNEP..iaN CDDU�jTy FIN Dj,�ECTOR By DERM Bala eQrtiticarlor, does seC m er mats to tax for the currant Year ft max aft be ,2atsL — 7- ••rrWbkb a z IRRANSFER ENTERED FIRAN VE 0!,; ;E7 HENNEPINACOUNTY, hIINN. o' C3 s N cQi. is : A Z' O • rt' c €:yam of rri ti O iW ►�j ; i !'► D �� in in ay D � tz eo rrI R zL Q c (0 Z34 i E P4 ` ---,r- c�' i c — c� n R• Pi 0 A 05 03 C �. P4 n. `o :fin 3 X q p\ E t''� n :0 �! �! n ' o0 Qb A P o at* o n. g ZS b LZ a Corporation to Corporafto{ corm i�O. D—M. Minnesota Uniform Con�eyancin¢lllanke (1931). s v vlltJl!'� 14. ............... Jam..................... 74 ��jf g �itbet�ture, made this ..... ............................... ... .......................day of........ 19.... between.... MINNEAP LIS,. NORTRYIELD.. AND SOUTHERN RAILWAY,. , ................................... ............................... a corporation under the laws of the State of .............. S. 4. uth ... Dak ..Qta......................... party of the first part, and CITY OF EDINA, a municipal corporation under the laws of the State of ............ Ni= ego. ta ............ ............................... party of the second part, Witnefsoetb' T"t the said party of the first part, in consideration of the sum of.. ....One ... Dollar ............... .... and -a ... g000d..and..valimble... to it in hand pa 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 assigns. Forever, all the tra t ......... or parcel ......... of land lying and being in the County of ...... Hennepin and State of Minnesota, described as follows, to-wit: The East one-half of that part of Brookside Avenue, as shown by the plat of Grand Vi w Heights, on file or of record in the office of the Register of Deeds, Hennepin County, Minnesota, which lies between the Easterly extension of the South line of Lot 6, Block 3, said plat of Grand View Heights, and the extension across said Brookside Avenue of the South line of Hopkins Road, as shown on said plat of Grand View Heights; Together with a perpetual, non - exclusive easement for roadway purposes for the benefit of the owners and occupants of the East 90 feet of Lots 11 to 19, inclusive, and Lots 2 to 10, inclusive, Block 2, said plat of Grand View fights, over and across the North 20 feet of that part of Lot 19, said Block 2, lying West of the East 90 feet thereof; Zo fbabe anb to ' oYb tfje *a=, Together with all the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, to the said party of the second part, its successors and assigns, For - ever. .Ind the said ... '....... MINNEAPOLIS ... NORTHF.IELD...AND..S:OU.1HFM.. RAIL " .............................................. I................... ..... ..... .. .. . . .. . . .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . .. . ... .. . .. . .. ..... ... ........... .. ... .. .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . .. .. .. . . . ... ...... . party of the first part, for itself and its successors, does covenant with the said party of the second part, its successors and as igns, 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 free from all incumbranoes ....exoep.t,..aa ... noted ... above.; ................................................................................................................. ............................... Tax Statement for Real Property Described in this Instrument be sent to: CITY OF EDINA 4801 West 50th Street Edina, Minnesota 55424 STATE DEED TAX DUE HEREON: Exempt .Ind the above bargained and granted lands and premises, in the quiet and peaceable possession of the said party,of the.sefoond part, its 'successors and assigns, against all persons lawfully claiming or to claim--­, she' br part thereof, subject to ineumbrances, if any, hereinbefore mentioned, the said part t{ fit'st pa ill, TF&ITant and Defend. Ott Te %tirnottp Wbetitd, The said first party has caused these presents to be executed in its corporate name by its..,....V.,ce.... President and its ....... Soire. ......................and its corporate seal to } be hereunto affixed the day and year first above written. MINN . ORTH ELD SOUTHERN RAILWAY r� ts ... E0.0.. ... V1100....Pres. `...:�: Ite ........ s icmt or7 ............................... .11 W1,11age of T d i n a 4801 WEST FIFTIETH STREET - EDINA, MINNESOTA 55424 "'OTTC- ON STP-ECT V*1­11ICTO.N r ­"T!' Of .11'. T11- C__ `N­tP') LN CCOUNIT" 927-8861 ­3 GII.V"ID that Lll� Council Of E., i i I"cmloc_y, on ju," U, 1, 0 S a f t c". r a 1: f:, V -ovd C, L;11i7,;z L VZ2CM)__. 4 A, :11 c `,-I c c C, I U AC —1 1k,.'i,,i.;f �Lltpit -part of Aver.,;Ae, as Shown on thlc �.Iat cf Grand on and of record In che of Fice oic tht. of *.1F?eds, ftnnap-411 County, lziirmesota, lies I.-etween the Easterly exuension ac-oss B-S-ooksidzl O' : the South 1.1T.te of Tract C, 11L,aO.2,.3tc-rec1 Land Survey Nfo. 13193, Files of the Regis":= of litles, Hen_ncp-_'-rj Courty, an�, exteil.S40TI acrcss Brockz;id-2 4'.vc-,.,.ue of Cftc South 1-ine of Hop'Kins ?0a'd, c4.s sliowa oa said plat of Grand Vij?w "laights. 'I"he time of :-Ompl jtt: jo-, 'd vacation is of procezdings ar�d illir! eff,�.ctl,,re da,_Le of sai Lilt'_ 6aice hereof, 'vly 21, 19715. 1, Said Vacatio l 0, -id 1'_3t 3.ff0c.t., and there wa3 COTIA111LICJ, rw;erved, 'lild r6t'3iL_10_J by rec�(.)Iljtion "n.dE�r ng Flhe: vacatAnn, t,-,e fcA.-lowing -7­AistJ.n,!.1 and hority in, on and under the above vacat:F _,O. arc-n.: (a) C,-,I.ty of ;Eaiaa to cnrtC'r upor, i-be ab,_)-;.-,e 11•-ac.al;t;,I, araa to reritk-we-, or attend to., all of f,!,ie pioes, mains, lines, and C-.V.dram't:, for ,lalcor, starlif-'r3l _­-15 +0r) or a-aJL cirallingle 41c, cr, Or ui,,der the ab3vc -,mcarcl (b) `hz aun.or.l+.j,, ot 11,,e is as C­ml,wny to en�(?r upori 'Ibe wel-It: 30 1 e d 4-rcs fez i.2,-s ­� ,A­ e L L -encl. ce, all o e 1 c) S '0 (71, ii•a)_ns in, fiil nr i- i r t:a above area; t' t, i o r i tv Of' e <tch a e v e z. o rl-, P_� e r S 0 n CT c or po r a, VA'a, 0 a.1i:,7 e-Icztric or i­-ejj7,.In'm1<� gas, or s,,_­,.er lines, or water ;-,J-pes, mAlln•, a-,ad 't-lydrancs, •rw Ir., on or uno,,�-,r all-iow w.icated aroa, to entcu Upol'-1 Me- ,;,acatod ar< ri Lc. repair, :cptace, real(we, OL 113 ,�isc attend thereto Daze,al T.-,ily 21, 19,75. BY ORDER OF TA--- GTIly COUNCIL, MITY 10P LDINA B, -FaLlbe-rg, 0 ii"IJ na f GISTERED VOL_ f BPAGE__,S -- — — - I $EGIGTERED V0L_,-/2Z ZpRGE_:.S /ez� ®FFROE OF REGISTRAR OF TITLES STATE OF MlDd[+MOTA Cil➢tlP4>,'ilt Of "Eta AMPIN 1 h0re y certify that the wv'!hin :11s`rumeni was filed in this office on cie 22 day of AUG A.D. 1975 Nt o'caock G1• M. By REGISTRAR OF TITLES DEPUTY REGISTRAR OF TITLES DORSEY, MARQUART, WINDHORST, WEST & DONALD WEST RAYMOND A. REISTER WALDO F MAROUART JOHN J. TAYLOR JOHN W. WINDHORST BERNARD G. HEINZEN HENRY HALLADAY WILLIAM J. HEMPEL JULE M. HANNAFORD JOHN S. HIBBS ARTHUR B. WHITNEY ROBERT 0. FLOTTEN RUSSELL W. LINDOUIST JOHN D. LEVINE DAVID R. BRINK ROBERT J. STRUYK HORACE HITCH MICHAEL A. OLSON VIRGIL H. HILL LARRY W JOHNSON ROBERT V TARBOX THOMAS S. HAY ROBERT J. JOHNSON G. LARRY GRIFFITH M. B. HASSELOUIST CRAIG A. BECK PETER DORSEY DAVID L. McCUSKEY GEORGE P. FLANNERY THOMAS 0 MOE CURTIS L, ROY JAMES H. OHAGAN ARTHUR E. WEISBERG JOHN KMASON DUANE E. JOSEPH MICHAEL W WRIGHT FREDERICK E. LANGE LARRY L. VICKREY JAMES B.VESSEY LOREN R. KNOTT WILLIAM A. WHITLOCK PHILLIP H. MARTIN E. J. SCHWARTZBAUER REESE C. JOHNSON THOMAS M BROWN CHARLES J. HAUENSTEIN CORNELIUS O.MAHONEY CHARLES A. GEER THOMAS S. ERICKSON JOHN C. ZWAKMAN WILLIAM C. SASCOCK JOHN R.WICKS MICHAEL E. BRESS EUGENE LJOHNSON HALLADAY 2400 FIRST NATIONAL BANK BUILDING JON IN WINDHORST, JR. MINNEAPOLIS,MINNESOTA 5540 (612) 340 -2600 CABLE: DOROW TELEX: 29 -0605 TELECOPIER: (612) 340— 2868 1468 W —FIRST NATIONAL BANK BUILDING ST, PAUL,MINNESOTA 55101 (612) 227 -8017 Mr. Robert Dunn City of Edina 4801 West 50th Street Edina, Minnesota 55424 Dear Bob: JONATHAN VILLAGE CENTER CHASKA, MINNESOTA 55318 (612) 448-4012 115 THIRD STREET SOUTHWEST ROCHESTER, MINNESOTA 55901 (507) 288 -3156 February 15, 1974 MICH EL PRICHARD WILLI M R. SOTH 2 THO AS R. MANTHEY RICH RD G. SWANSON FAIT L.OHMAN DAVI A. RANHEIM ROB FIT J. SILVERMAN WILL AM R. HIBBS JO H D. KIRBY PHIL P F. BOELTER WILL AM S. PAYNE JAN STUURMANS R. A. SCHWARTZBAUER DAVID N. FRONEK THOMAS W TINKHAM JON F. TUTTLE ROBERT A HEIBERG EMERY W. BARTLE MICHAEL J. RADMER CURTIS L. STINE MICHAEL TRUCANO WILLIAM J KEPPEL JAMES A FLADER WILLIAM A. JOHNSTONE WILLIAM E. BOOEN WILLIAM P Re: Purchase of Part of East 1/2 of Brookside Avenue, Hennepin County, Minnesota. /9-?A/ DOUGLAS D. McFARLAND DAVID L. BOEHNEN ALAN D. GILLILAND LAWRENCE R. OLIVER FRANK H. VOIGT WILLIAM E MARTIN WILLIAM H HIPPEE,JR. STEPHEN G.SHANK ROBERT A. BURNS TOM A. SEITZ MICHEL A LAFOND BRADFORD L. FERGUSON ROGER J. MAGNUSON J. ROBERT HIBBS OF COUNSEL DAVID E. BRONSON LEAVITT R. BARKER GEORGE E. ANDERSON ROBERT L VANFOSSEN Enclosed is the original executed Warranty Deed from the Railway to Edina, showing it was filed as document No. 4066904. Very truly yours, Th IV. E son TSE /jw /ch cc: Jerry Dalen Enclosure r M Z In C M Z M n M m 0 H' O 7 D m Z o_ -< O Z Z M N O D N I i No. 1 3 COMPLETE TITLE SERVICE TITLE INSURANCE ESCROW SERVICE f40TRACTS 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 17GO Order No 667251 Abstract of Title TO Premises in No. 1. This certifies the within statement from No. 1 to 103 , inclusive, to be a correct Abstract of Title to land described in No. one therein as appears of record in the Real Estate Division of the office of the Register, of Deeds in Hennepin County, Minnesota, including Taxes according to the general tax books of said County. Dated Nnv _ 19, 19 3__, 7 a.m. PS550 Tid surance Compa of Minnesota 2? 5 —13 By Assistant Secretary Re Dorsey, Mara uart . et al Deliver to TITLE INSURANCE COMPANY OF MINNESOTA TITLE INSURANCE BUILDING MINNEAPOLIS, MINNESOTA 55401 Telephone 332-5111 Area Code 612 A SECTION OF LAND -640 ACRES N. 0 ? COR. TABLE OF MEASUREMENTS POST 80 RODS 10 CHAINS Z 0 One link equals 7.92 inches. U Q < Q� 0: CONVERSION TABLES � .o u 0 One chain equals 66 ft., 100 links, or 4 rods Rods Feet Rods 'I Fast Rods Feet Rods Feet Rods Feet Rods Feet Rods Feet Rods Few Rods Feet Rods 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 '1231.0 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 11247.5 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 '1280.5 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 Fast Chats Feet Chains Feet Chains - Feet Links Feet Links Fool Links Feet Links Foot Links Few 1 66 111, 726 21 1386 31 2046 1 .66 111 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 feet from 1 to 40 Links to feet from 1 to 50 A SECTION OF LAND -640 ACRES N. . COR. NORTH QUARTER N.E. COR. TABLE OF MEASUREMENTS POST 80 RODS 10 CHAINS Z One link equals 7.92 inches. U Q < Q� 0: One rod equals 16.5 ft. or 25 links � .o u 0 One chain equals 66 ft., 100 links, or 4 rods v° 0 O 20 RDS ne mile equals 5,280 ft., 320 rods, or 80 chains n o ne square rod contains 272.25 sq. ft. u 0 10 AC. ne acre contains 43,560 sq. ft., 160 sq. rods., or 10 square chains 0 10 CHAINS side of an acre equals 208.71 feet i 0. 80 ACRES o20 CHAINS 0 j � y ? 40 ACRES a x u °m � I rFw e F 20 CHAINS 1 1320 FEET OI %4 LINE SE ON %4 LINE O N SECTIONAL MAP OF A TOWNSHIP WITH ADJOINING SECTIONS ; ........ ..... .... .... ..... .... ...... :36 31 32 33 34 35 36 31: 160 ACRES 1 6 5 4 3 2 1 6 Il i 7 8 1 12 7. z 18 1 13 :13 18 : =It 4 19 2 24 .24 19 ❑�❑ :25 30 29 28 27 26 25 30 36 31 32 331341 35 36 31 1 6 5 4 3 2 1 6 S.W. �OR. POST S.E. COR. NORM No. 2S C 6 TITLE INSURANCE COMPANY OF MINNESOTA r - -- 3G I I / I I /2 24 25 1 3G Minneapolis, Minnesota / 1 6 I ., i Q 1.3 I 1 1 --- 1 - - -1- -- 1 - -J-- --1- ------ 1- - -J ABSTRACT OF TITLE 1. —TO— The East 1/2 of that part of Brookside Avenue as shown by the Plat of Grand View Heights which lies between the Easterly extension of the South line of Lot 6, Block 3, Grand View Heights and the extension across said Brookside Avenue of the South line of Hopkins Road. 8d RoOS io cNA�✓s at3o/t S AC �ec A rod is 163/, feet. A chain is 66 feet or 4 rods. zo AcRts 40 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. An acre contains 160 square rods. 80 ACACS 6bo Fr. CAwNs An acre is about 208> feet square. 40 chains, 160 rods or 2,640 feet. 4o AcRSs --- T-- ?--- �-___r __i - -- 31 1 32 a3 34 i 35 36 aI I 1 I zo taA /NS IJ20 Fr. 6 3 2 I I 7 /8 /7 i /G /S I /?x 13 /8 - - -�- - - +--- I----- -� -^-- _/9 /9 20 I ,Z/ 22 i 23 i Z¢ i /Ga Ac-rCS do 1 29 Zd 27 1 16 15 3e i --- +-- --i - -- -- -i - - -; __- I - - --� 3/ 3Z t 33 34 .55 -46 I 3 / Ao G.11A /N5 / 1 6 I ., i Q 1.3 I 1 1 --- 1 - - -1- -- 1 - -J-- --1- ------ 1- - -J ABSTRACT OF TITLE 1. —TO— The East 1/2 of that part of Brookside Avenue as shown by the Plat of Grand View Heights which lies between the Easterly extension of the South line of Lot 6, Block 3, Grand View Heights and the extension across said Brookside Avenue of the South line of Hopkins Road. _, C The following certificates appear appended to the plat sho %Ti below) which pla -t wa.s filed for record in the of f ice of the 1A. Register of Deeds, Hennepin County, Minnesota, on April 30, 1 -932 at 3:30 o `clock A. �i, , as Document No. 1684337, and was recorded in Book of Govt. Survey Plats, page 3. "The above map of Tcwnship No. 117 North, Range No. 21 West of the 5th ?rincipal 1�`eridian, Minnesota, Is strictly conformable to the field notes of the survey thereof on file in this office, which have been examined and approved. Surveyor General's Office. Warner Lewis Dubuque iay 16th 10-55 Surr . Genl . 1r "I hereby certify that the above map is a correct copy of the original Governme ^t of Township No. 117 North, Range No. 21 West of the 5th Princija l Meridian on file in this Office. (The Great Seal of the Mike Holm, Seely of State. State of Minnesota) St.Paul,Minn.Sept. 4, 1931." Towrzship N° f/i N. Rarr�°� �1 5t 11�r.• Ja, Oren by., 4W W r4o-,- e- rE�a35ss.ss��X�ra�+*�Y r I , •'i9'`f I I `991 - ' `• . ! Ij - �5fi�`. see 1Q — 4 ._dzu__- - �Frc 1✓ Iii _ - t ol � ��� •L i ... `'E'er` ��r ii _W t I t ti 0 0 UNITED STATES, IlDny No. 1121 Dated Oercher 23, 1845. 9 To Land Office Recordis , 331. ALWo-MT VANDEll Luts 5 and 6, Section 2,, Tov;nshij) 117, Range 21. Cash entry. UNM:1) STATES D�.ijlicate Oc,,Oljer 21 . IS ,3. To !rGGk 11 of 13C(.kis, 11,1. Consideration $106.5e, AMERT VANDERNERKEM Lots 5 and 6 of Section 2S, Towrslhij) 11,17, Range 21. I.-NITED STATES Patent April 1 IS -7i-, -7iled November 1, 1SS9. 4:36 1). in. To Book 292 of Deedls, oc.ge -.o6. ALBERT VANDERWERKEN. Lots 5 and G w Section 2S, ToNvn�,hip I!-,, Range 21. ALBERT X VANDERIVALKEN Mrmmy Deed, Nm� mlwr it W5. To -6003: E of De, Is page 2ST Conaldeladon $200. MIN STONE, LwK 5 and 6 of -17oxi)ship 117, Ra.-..Le ALVIN STONE, 'Warramy Dr-FJ, A"guo it. ISW Wed August IS, 3551 6 IL in. En IZABETH, FHS Wife, AS Wok E of Mut jwge 464 Considei-ation S90. K MHENON. 1"s 3 and " aho W 2 of Senion 2S, Tovvil,,hip 1117, Range 21. DEBOP.Ail M.. .)is NV:fE:. jo OWN CURTIS. O. CURTIS Wa7r,-,ntl- Deed, Sept....,..._ T "K Filed October 0, 115n 5 1% m. I!is Wiz'e. BnoiC E of Inge 01 ConsidentGon SM ' - ' , To UnTHAd owQali of L(,,-i 7) and C, of 2X l'a,-vinihip 1-17, A. AL TORBET. Ran-,- -li. Also Lot 3 of Szctioii 2S, Township 11,, Ra 21. ANDRE'W M. TC?IL13F.T, Warranty Deed, Octobm S. I eO Oc- Ober 3, 11:4 i a. in. CA 11, 0 1-11 ME M., Hiy Book At of Week, jv;e 01 WMAmlon $62.5. o Wdixided orvhAf cI I .iv d 6 ni' Q,-,Ction 2s. Tom-isbil, 117. Range, -11. A;su 1-i,,z ! (.F Sec-ior 2S. Township 117, Range 21. %Varrant1- Deed, ovo0v 1. 150. FiNd October 2. ISO', 9 w Hip Bc w ok OF of 1pd� ywn, Kt (WrAdn aWn $lQjo, Undblded malm)-, C� f �iid 4 Of Section 2 , A. P. TownAQ UT Kmon it. U,o maivided orv-AaH of LOT, 5 and 6 of SuvaGn 2s. Tu-r0j; 11L It 21. Also Lnz o.t* Stction 21�. '-o. ll,", ilange 21, A, Pwed, Of"l, "iled To I WK L of M09 lowe YAL 14yWaslon SQ0, JOEM A. CUM K. I. ,. 1, 2 ,..d 4 o,. '-17, 21. Al.-C As"m n, A. n i- t!L PON" i . Rl K. Wnge Lt. ThON!, QW4 AM,. ac, jaw is 1"m YHQ umma 1. ISM, 6 I Cc. of 'dwi� -t%,-. 11 A, (-'T -I e,, -3, 5, it Gfi zleotion 2S. Townhip ll-,, 1. "llon TIM, M1714- , Am owc AO V Rage 1,2 , 1. ti To (i, :.Al,. l'o llool� 0� TALVOT, Lt,_ 1, 2, 4. Of h j, 21. Attachme�)t, A,-.'1 AC, Wt FoVd AnOR 11, Fiv No. 7S. C i:n kk L TALB07. Lola "L 15mye 21- jOSEPH 9, TAW 07, Mwlyage AM 23, OIL Fig d ApAl !SO, 5 P. W. �ils VV;Ie, -)J� pa:�e J;("L , Q 0. :'�Oi - , T!__D c To sQQi3.'2 1'f 'I !17, Ra'loe 21. TL, Ints L 1 0. 1. 5 an4 6 of CpARI,YS Q Q-TMI. Ii1 "'nc CHARLES E CUTTZA. cl Food _1u Jol;,n A. -B (,'utt That (MI 02 n, ' :L, e .-. ,Icl eTo., T. A, 0. CUTTEQ Assiz-pim-1,,f of ',1^. _-F. NO., 18 dated August. 2, Fc A-11a�lsr 2�" p. m. 20 moms s. 2 S6 'M 2. (7 on Mery Wn $11160, unor %qQ of Syd imm"n'. To W HOGAN. a, m. 211- 21 f Snom 1�"now iiL Kano S. rlil'-"Ii;Cc� JOHY. A IM SBURT Fiicd 2, VOT 19 w na. 91) To Same W2 an in No. Ay 24 AL Phed ApAl 2:-r_ 110. 12 nil. C 1i 11. L' 1 A ,ro look 14 w Mus. PaRe 6W CcnSy'!a-wv Sit> 23 EVANF, ,,QMj, Li I_Ozs _I to k, Z-4_-iion 2A Town- STELLA sov_) u7, nango 231. c r ol" C!, 1 SFELLA b EVANT, AILFtiiEi" 2,1- '!" 1, 1h, ��' ro D, ed C M._IAN u;. D,-,, —0. C MW Wd as 51 No _. % Top h- k"w (W�%np Tu,mor in i jjA,r Qq fo: !'N-'-".' Yo j_ 2S, 'V AUDITOR OF HENNEPIN COUNTY WAncate of Tox SaW. dwea Seyenver It 109. To :,"A-(. October 7 12 vi. 30 0. C, HILLMAN. Mok ;02 of local inne 41. Lot: 1 to C AmWsA, Sembn 21 UVWMMP IN, Moe 23, sold kv $2SAG for taxes W ISTS. "signnwQ of Tux Cerh2cate No. 30, January- 26, 100. Filod October 7, I551, 12. m. Book 102 of I)eeds. pa ge 44. Consideration $30. J-,jignieur, C. C. Ill-'-L-.%IAN :31 To Judgrnwq J. 11 THWIPSON. 1, 1M ST. ANTHONY McO.1,7 WORKS 32 J-�. E12SIlA HALL, NVILLIAM GO LLD, et al. S. C. GALE AXIS CO. 33 Vs. IhE A.Vorney-in-Fact. IMAAAM GOULD, et al, 'XILIJ�\M GOULD, 31 By Sheriff, JOSEPH 13, TIIO-MPS(-).N, To E'LISILA. HALL. "signnwQ of Tux Cerh2cate No. 30, January- 26, 100. Filod October 7, I551, 12. m. Book 102 of I)eeds. pa ge 44. Consideration $30. J-,jignieur, docketed Aprij !S-.7. Alriouvt M Judgrnwq docketed -March 1, 1M Amount $A&M. To sdi and cum, I, vc. Sale of Execution un+. er -jitdgn.,-nts 2 and 23. Sheriff's (!(-'rtifleal2. A,:giis', 11: 1—:-'. Filea AuguFt 11, Mon 31 a. w. Book 97, ot. heeds, 6',:�. Lms I jo 6 m os 1ivo of 53ctir)n 2S. To-v,nship 117, P--lnge 21' .!u.d for �20 each. ELISILA- BALL Power of Attorney, jauuary 20, MS. 'File'a OcMer 16, QW. M To Book C cc PQW-rs, Pago 60. CHARLES DARTLESON, To sdi and cum, I, vc. E12SIlA HALL, Assh"mon of Slieriff's No. "4, Oczo:)er 10 138J- By CHARLES J. BARTI-17SON, 1"ji'd Octolt,r 11, -!-j !. ill. 36 IhE A.Vorney-in-Fact. Loo,,c 9T of Pocds, page WE CGWOmadon SM. To JOSEPH 13, TIIO-MPS(-).N, J. R. THOAIPSO\, Dee 1, Noveinhor 9 , 1S5 :). F&. No - o niber 1G, ',S 5 112 -11. E. -M., llis 'Wife' Book 166 of Wed, Pago OV Consideradon $1. 37 10 W 5 and Mum on ,tale of Lot 1 of Sembun M, TawnAhp 117, BFVIERLY C. YANCEY. Wage fil. BEV11195 C. YANCEY, WI age, WrOur 16. 1579. Filed 0c'Lci:,,— 116. 1379, 2:20 r, nI. �"P.' )Iis Wife, Mok 70 ,,t Alompages. page 456. 3S 20 To not ]e P", MM of A,' 00. JOSEPH M. IMOMPSOM Sane land vs Q No. 37. Tlic)AWSON of N-oveniher 21 MA. 39 Tu O'l P Vj% R T. y C. 1,j, Piva jnn:j & 10 L 9�& 1)w 1�, 1002 (A (AO� 2 0MUSiI 031) 4:0 To (q an w� o 0411 vi cc swunw: t "MW W on 5 n" Sm owl ER .1 j.1 j:'- 26, Tovy�hl� 23, 1'T' Ci lr- To Tf" 1, P. )t2' A 31 cr q3 v\ 1 d y r Q-- Q wr 1 ad 4 v, on hi 0 D. C. Y.-Al �11 CY. Yon,. q, Febroauy 3 Filed F(�,',ru�3ry 2C, ISS9, 2:30 p. In. ELLEN Y., 'Ls 'sVife, b 7 of 162. 45 To To secure payment of DiuO SAMI*ET, E. RODEIZTSON. Same la."'(1 as .!I No. 46 47 48 49 so 51 S2 53 A S. F. ROBERTSON Satisfaction of 'Mortgaze No, 4:5, dated SeWC-0-er P, IS'S9. T Yilecl September 2-;, a. in. hEVERLY Q YANCY. ll.00k, -1,S5 of Moitga,,2-. pa.4e 3.S5. BEVERLY 0 YANCEY, Mortgage, September I WAT filed September 23, IS89, S a. m. ELLEN -M,, His Wife, Book 2175 of page W'. To To secure p"mem of MW CARLETON COLLEGE. Lot 5 and Dal, of U, 1 of Section -'S, ToAvi ship 117, Rarzze 21. Part of Ut 4 dumbed as commencing at The intersection of center line of Mefn St. and South 7th St. in Enlina �J:bott Park, thence Sour .r right arg-2,is to the South line of Lot 4, thence East 46 rods, titence at right angles, North 4?) rods to South Mw of smd Addilon, thence as right anMes to be- ghning, excepting Nom Lot 1 that part lying ill the South- cast corner 3otitneasterl3 of ro.,,Cwa�-. CARLETON COLLEGE Sathhcdon of No. 47, dated -May 23, 1903. To Filed Me I T j "1 4. A y m. F, F VE R L Y C. Y A -N C E V. Book IS4 A Monganes. page 331. nEVERLY 0 YANCEY, Mortga ge, November 5, —!-o. Filed November 17, 1,590, S a. ra, ELLEN `L, His Book 325 of Alongages. page 22;. To To secure payment of AM CARRIE L. B-MITJA. Part of Lo-, 4 of 2:., To-,vn=Ilnip 217, Range 21, com =menc- ing at we imers"Aml of center line of -Main St. and South ?h So in Emma Abbott JMrK Aelve Muth at Oght aroes 40 rods to South Vac- of Lot i, ��-,ence East -.0 rods, there ac right angle,; Nui-,Il 4�, roc=s to South line Of EulTna .�")borl Park, thence ai Mlii an4les st to be,iiinir.g, and Lot •? said section, ancepog pwz in solawast Comm, South- easterly of road,vay. CARRIE L. S` ITT111 Satisfaction i-,f -Mortzage No. 19, dated May 19, T o o ,, C. 17ANCII.Y. Book 549 or Afor gayes, page 191 BEVERW C. YANCEY. Alorignn Thly 1 1901 Med inns, 0, 196;, 4A5 p, ni, ELLEN M. lKs IVY,?. Book :---!l of ,�! - s, page 41 To smqm 1 cymNA of SC 0. To Pan of Lot 4 of zs'vc -ir,n 2 , TovTisliip 1.17, Range 21, dev -ibed CARLETON COLINGE. as follows: at rise intersection of the center line of MaA, St- and '.in-,, of 7th St. in Eninia A-obotz FaM and run&n oti*h at angles to said line 'j'a St. 40 raw to M 'crrli line of said Lot 4, thence said lest named line 10 edy 40 r000 thence at right . yoes North 40 rods to. , Souili line of ::aid 1-ln:na, Abbott Pat-!-.. .thence at AM any1es NV"t to the point cf beg-innWz, and Lot 5 in aforesaid Svc don excapdun that part of said Lo, lyirg in t c�rt.er -"'.-'eicof Sol.--'Ieasnrly C- the of 6aid Lot o des - ed as M=: aT ti in rho cvuter of the Eden flahle Road and o" :he Ean boundary Ene of Lot 5 and 1-1111-vi'-g "'or"'i co, = ;-0 line a dl�z'anre or -0 -'�et to the carer of the naTr"n0qWalloMmvQmKand SmA- rastaly aireedon. Aame NonnTnnW abng center Me of said yoga 12 rods, invoup due South paraNel with tho Han houndai y Une of . aid Lot A contor Q said Eden F:aihe 1togd, 1!1 �n direction along, cemer line I Wd Eon F"Ke Wd to pKee of beginning. C-%! L'FTC;i� COLLEGE Pa ti Wka,p of Mu Nm Cana Wamh M 1W. T o ';f-:'071-7 YA'Xf'Fy. C(-11 i oil Itis o! `1i "11c7n- or Cooli"r rortd. at lo'l'; . nl "11C East hlli' klt' :--.'don of ld 01 -_1' 1C 0 morn Or 1, to nRr Edon ("I' Ed Eden to u -pu`.!it (!n of :_-ol 1((-! 1 e ol, s-. . to bl�"1Iiuin-' . belf�:4 'k of of 1'j o" Slcti.-)n Totvuqh=i' 117. Ila 2t ac", 1. 0!, CARLETON COLLEGE FaMCm[ron of No. -,I, 'n-d Noveinb�,r 27, To Ill' 1',E\ Ell Illy jltl'taj j('n nr'i %;!) WILLIAM 0 GILKWIF. �t 2t ;'Od.! '.t " : <t Z't of t 11 Ea, to '—mh lii, '' of 1.'o 1, c 1'� 1-ds' 11;. Ii 0 54 WILLIAM I-LLEN ZIAT? 'i itis T -:) 'WILLIA-11 A. ' �JTI:TCK. at The Nproovesf rorner of Lot 5, thence East tc t Me No, 0,wt comen th"ce South to a point 278 feet Norl!'. of eorn,,2r, Northwest along road 12' o' the veliror ,f EEen. Rord, thence South eat VoNy of Lot -,, West to o c_T NorT!1 1(" bpgi-z;itllo�. Mona;" DmemW� Filed December .3, 1506, 4:20 p. M. —roll Z 'rg of To ::t-cure paynwi�ij of 2.uflo J�uc in Tlnta, part of Lot 4 of Section -'!S, To"'li-,hip !1-., 21, ccnllnelnvin" at tile, intersection of \'a in A,-ei;,,— .,Ii j -,K 40 in Em inn Abbort Park, thence ]rant to a join: 21 TOE'. West of We Ean Ihn of said Lot 4, thence South m South tine cr' Ft!A Lot 4. the-nee W-ost on said Sotith. line to v, pojiit 2-� i7ziF- in the Al,'eizt litre of said Lot 4, thence North 14 601 ruls, thence East 1 rod. thence North to place U beonvirty. Also Wai jort of Lot 5 of said Section Toxoh i�) 21�' Ran -, at z:ie intersection of the center line of -Ml,izi Ave. is E.mina AbboTt Park and emended South w4h Me Nona Eno of said Let 5, thence East to the corner of s%id iz,z, thence S,-,I.Ta to a point 20 feet North of too X=Qepst corner thereof. thence Northwpznedy aWLw vemer of rona jS few. thence South to center of Fr trio Road. thence Stn,thwcsi Mang said E'dler' -cj zic,,itli ait of Lor 3, to the Sowhoesr comn --f —: t'.-'encc. --o N`ortL-":es-t come, of o%W hot A ai-d center of Hophins Read, thence sombenst C. "emn A of HqAWS HNW to As insrsec- 171 :e ct,nte- of said :Eiain Ave in Said plat of En,mia -.hence North on =aid extended line to pbre of beginAng. SURCL 10 CWQY road. W W XVITTICK, Bachek, Power A 3uturno4 May 1 108. Filed flay 4, 185S. To 10AVID Back L of Fuwars, pi2e W, K WNW. To c: c. cii-re To deed and lease, 10 --elease, assign anj sadva- YuAgage. of 14, 1-,- JDAVID il. JONES, Fi !,,, d Q', 4. 1 ti n, 11j' Boole -,f M(rt_agvv, pnpe Y1, ConWeranon S2100. To HARRIETTE L. HUMPHREY. dS 7S'. Sa;igaction of Wortyage AV. Q Cated June 1L 35N. T o ITH june 11 Wtq WIA a. m. 5 S -W1LL1AA1 E. GILLESP117. BoC-i of A17, AVI ,LIAR I E. GILLESP10 V ant nly WK. Alarmi 20, 1961. INK OWvember in WV. 205 p. m. :'i- Ilk Nice, Lioo,. of 1), ;� \7. To r Ion of W :Yarlpasi: V & Syrhenn of Section 23, CHAS. 13. YANO-1-Y. :3`1. ..S (:onin'tnein�' ol (o't; 'r r"-J rl': r'-Iit fef" nf Av -10; 1 27.0 14mv S; W h Dwsmel wAk Ycr Eno of ;1q] Fealwn a, Win 0� 0 IWA:1 Y% GITAASVik !!a V Onn? Vkv l. :- dKod Awguy, M, 1510. 611) ?Oki K B LA ,!50. 2r. j" Nol T�d v:':, 2"'—f Fr. 0E 2S tj of ijo W mc i'leticc, t'� place o"� ni, • Otto J. Morawetz, Mortgage Lillian C. Morawetz, wife Dated August 26, 1910 62. to Filed Sept. 7, 1910 William E. Gillespie Book 686 of Mtgs., page 285. Doc. No. 573024 To secure payment of $3800.00 (For further terms and conditions see record.) All Lots and Blocks in Grand View Heights, except Lots 1 and 2, Block 3, 11, 12 to 18, Block 3, Lots 17, 18, 19, 20, Block 4, which last 14 Lots are not included in lien of this Mortgage. Second party will release any Lot on payment of $150.00. William E. Gillespie Assignment of Mortgage recorded 63. to in Book 686 of Mtgs., page 285. Alice A. Bell (See No. 62) Doc. No. 637105 Dated May 25, 1912 Filed May 27, 1912 Book 731 of Mtgs., page 480. Consideration $3,247.46 Alice A. Bell Partial Release of Mortgage 64. to recorded in Book 686 of Mtgs., Minneapolis, St. page 285. (See No. 62) Paul, Rochester & Dated June 1, 1915 Dubuque Electric Filed June 4, 1915 Traction Co. Book 852 of Mtgs., page 333. Doc. No. 757804 Consideration $1800.00 Lots 11 to 22, Block 2, Grand View Heights Addition to Edina. Otto J. Morawetz Warranty Deed Lillian C. Morawetz, wife Dated May 20, 1913 65. to Filed May 28, 1913 Minneapolis, St. Paul, Book 742 of Deeds, page 331. Rochester and Dubuque Consideration $2850.00 Electric Traction Co. Lots 11, 12, 13, 14, 15, 16, 17, 18, (Maine Corporation) 19, 20, 21, 22, all in Block 2, Doc. No. 675421 Grand View Heights Addition to Edina. It is agreed by both parties that these lots are to be used for Railroad purposes only. Subject to Mortgage dated August 26, 1910 filed Sept. 7, 1910, in Book 686 of Mtgs., page 285, lst lien of $150.00 on each lot 2nd party assumes. 0 40 i�'Tlinn,ea-polis, St. Paul, Trust Deed Rochester and Dubnqn,--- Dated Jan. 1, 19117,' Electric Traction Company Filed May, 25, 1515 66. to Book n7 or ktgs., Page 165 Continental and Commercial Consideration Q1.09 ouc. Trust and Sa•ings Ban" -. To secure 05,00C,000-00 Frank H. Jones, Trustees Payable within A years Doc. No. 756515 5% per annur� All property, real, personal and mixed, no-a o-omed by said first narty and all nhich may be here after acquired by it, all its lines as same is or may be laid out, with all lines !eased and operated by it, running from its terminals in City of Kankato to and thru County of Hennepin, to its terminals in City of Tdnnsapolis and all termiral properties which said first parties no-v.-' or may hereafter acquire, etc. ind to cover by lien of uhis mortgaEe thaz certain lease recorded in Boo,': 157 of Kisc., Page 5, and to include all interest cf first party, in and to certain lease dated July 5, 1913, Therein the Chica7a Great Western Railroad Co. and Wisconsin Minnesota and Pacific Railroad Co. are lessors and said first rarty is lessee. Ednneapclis, St. Paul, Rochester and Dubuque Electric Traction Company 67. Vs Minneapolis Trust Company Continental & Commercial Trust and Savings Bank, and Henry H. Jones, Deft. Doe. No. 924962 United States District Court Certified Copy Appointment of Receiver hated July 20, 1916 Filed Apr 22, 1919 Book 184 Tasc., Fa Es 183 Charles P. BraLnabur appointw" receiver of complainant herein. Nil Continental and Commercial United States District Court Trust and Savings flank, and for the District of Minnesota, Frank H. Jones Fourth Division vs Certified Copy Consolidated Minneapolis, St. pau . Cause Decree Rochester and Dubuque Dated Dec. 22, 1916 Electric Traction Company Filed Oct. 13, 1924, 3:=10 P.m- and Charles P. Bratnober Book 240 of Misc., page 2 as Receiver of Minneapolis, Order, adjudged and decreed, St. Paul, Rochester & Dubuque as follows: Electric Traction Company 1. That the Court has jurisdiction Doc. No. 1239213 of all the parties to this cause and of the subject matters therein involved. That at the time of thc: filing of the bill of complaint by said Continental and Commercial Trust and Savings Bank and Frank H. Janes, Charles P. Bratnober, the Receiver appointed by this Court, was in the possession of a l l the properties described in said bi I 1 of complaint, etc. 2. That the mortgage or deed of trust dated Jan. 1, 1915, to the s:aQ Continental and Commercial Trust and Savings Bank and Frank H. Jones, as Trustees, was duly executed by the said ,Minneapolis, St. Paul, Rochester and Dubuque Electric Traction Company and was caused to be recorded in all of the Counties through which the line of rail- road Oscrirbed the nei.r passes; that a true and correct cony of said mortguyn or deed o F trust was filed herein with the filing of said till of complaint and said mortgage or deed of trust became and was and still is a valid first lien and mortgage on each and all of the properties therein described, which properties are more particularly hereinafter described and referred to, etc. 3. That after the execution and delivery of said mortgage or decd of trust, and prior to the filing of said bill of complaint, the said Minneapolis, St. Paul, Rochcster and Dubuque Electric Traction Company duly made and e.xecuted, as it was authorized to do by said mortgage or deed of trust, one temporary bond of the face value of one K IIion dollars and the same was thereupon immediately certified by the said complainants,, Continental and Commercial Trust and Savings Barak and Frank H. Jones, and by them delivered to the said -iinneapo l is, St. Paul, Rochester ago`• Dubuque Electric Traction Company; and said bond is now outstanding and no other of the bonds described in said mortgage or deed of trust have ever been issued. 4. That immediately after its certification by the said Continental and Commercial Trust and Savings bank and its delivery to the said Minneapolis, St. Paul, Rochester and Dubuque Electric Traction Gores C7avy as aforesaid, the said bond of the face value of one million do l l arz was pledged by the said ll.nneepo l i s, St. Paul, Rochester and Dubuque, Electric Traction Owpany with the Minneapolis Trust Company, Minneapolis, N nnF sotra, a., Trustee, under a Collateral Trust Agr =:emant dQ ` cd j anuory 1, IN"), to secure e an issue of Collateral Trust Notes l >y said `-r:.nnea,po l is, St. Paul, Rochester and Bubuque Electric Traction Company ea tend January 1, 1 91 5, and aggregating the principal sure of- $710,90.00 et:c. i k t; on January 1, 1 91 6, the said Minneapo l i:a, St. Pool, Rochestao and Lubuque Electric Traction Company, dt. Fau ltec in >r-61e payiller t; of interest due on cvc3id Col l utera I Trust Notes on said day and also on said bond of the face value of cne million dollars, in this, that th ure i ";f'.co`'i1Ee due and payable on said day as Whevest on said jCol lc.at r & bust itioWs and on said bone: tha sum A 4 2 r„ O.'00 and no {dart' :�1� *f "eo F has ever been paid, except the sum A' r �- ,� �. ... ?!tii ,,L)�� •3itti tllc';* ...aC`,h of saiO dC Fc:u l z: II;,AC"1 continued Pa more t hr'.$'2 60 `ant's prior fn the , a i._:tf4 of said bi l l of complaint. 5. ? ll "t on July 20. 1 _11 , an order was (tic3de and ent erod in t +1.1.`', Qo. 68. continoed) Court in the action in which the s5 i& MinneaPnlis, St- Paul, k0cheste- and Pubuque Electric Tnaction Company wis the plaintifF and the said Continental and Ummercial Trust and Savinps Bank and Hank H. Jones and the Minneapolis Trust Company were the dafendants, vppolntinr? Charlus P. Rratpober, Reneiver of the property and franchises of overt' clescript.1-on belonging to said Unneapolis, St. Paul, Rochester and Pubuque Electric Tvaction Compary, and that as herairbeFore mentioned the said Bratnober as such Receiver was in the pcssession. of said pronerty at the time of the filing of said bill cf complaint. 6. That on Augqst 1, 1916, the said Minneapolis Trust Umpany, being then the owner and holder of said bank of the face value of one million doilars, vequested and in writire suid Continental an'i Commercial Trust and Savings Bank and Frank H. ,Jones to deciave the principal of said bond, together with interest thereon accrued, forth- with due and payable, and also requested said Continental and Commercial Trust and Sevings Bank and Frank H. Jones to proceed to prVact anj cnforce UOP vights as Trustees and the rights of the ho I won of said bond KY such suit Jr' Suits in e'q;'Ity or at i aw, or by such atker proceedings as said Trustees mi2Q doew most effectual to protect the rights of the Kulder of said bond, etc. 7. That there is now due and owino From the deFendant The Yinneapo!is, St. Paul, Rochesler and Obuque Electric Tractien Company upon the said Collateral Irmst Aotw8 the sum of 02/50,02330 as Principal and the sum o 52,77S.331 as intePext an said PrInciPal sum and as intere" on the ovarVue coupons to the daie of this decree and the additional 003 SUM OT yij .00 "� raby allowed to the Ainneopol"s Trust Company as a Just and reasonable charge for it, corzicoz as Tvu5tne undar said Collateral Trust Agreement, and the further sum of 0,000,00 harch'' allowed to the said Minneapolis Frust Cumpany se a just and reasonable fee for its Attorneys and Solicitors fees, making in a l i so due upon said Collateral Trust Notes and on account of said allowances the aggregate sum of $803,960.56. 8. That prior to tke filing of said bill of complaint the written lease of July 5.1 1913, wherein the Chicago Great Western Railroad Company and the Wisconsin, Minnesota and Pacific Railroad Company were the lessors and the Minneapolis, St. Paul, Rochester and Dubuque Electric Traction Company was the lessee, which said lease is des- cribed in said mortgage or deed of trust, was duly cancelled and no longer subject to the lien of said mortg age . 9. And it is hereby further adjudged and decreed that the principal of said bond, together with interest thereon, is Oe and payable in accordance with the provisions of said mortgage on deed of trust and with the consent of said complainants, the Continental and Commercial Trust and Savings Bank and Frank H. Jones, it is hereby adjudged and decreed that the amount so due on said bond for principal and interv5t An the said amount herein adjudged to be this on account of the said' Coilneral Trost Notes, principal and interest, are said allowances to said Minneapolis Trust Company, to-wit: Va said Yom of 360''560.56. Q. And it is hereby further adjudged and Qc-eed that on or before May 217, W77 the de%ndant Minneapolis, St. Paui, Qchestev and Dubuque E;ewtric Tractico Company, or soyacne in its behalF, pay or cause to he paid to the Clerk of this Court the amount herein adjuipad to Le due upon said Collateral Trust Notes, ppincipal interest anc said allowance, to-wit, the said sum of $803,960.56, with interest theneon From tke date of this decree at the rate of K per annuo, and tognther with the Cie� &s fees fop receiving and disbursing said Hot upon payment of said amount and upon making and filing in this Court an underiaking to pay such sum as the defendant, tho Minneapolis, St. Paul, ROCKSter und Dubuque Electric Traction Compiny may by ordar or decree of this Court be hereaFter directed to pay upon account of allowances to parties in this Court for compervotion, costs and dis- bursenents and upon account of allowances to soliciterE or councel fal. parties to Kis caose. and for the noTpensation OF L& Ricalver and (Conrinued) • 0 (No. 68. continued) his solicitor, and all costs and disbursements of the proceeding, the said Minneapolis, St. Paul, Rochester and Dubuque Electric Traction Company may apply to this Court to be relieved from the operation of this decree of foreclosure and sale herein contained with respect to its property, and upon such payment all interest upon the said amount herein adjudged to be due as aforesaid shall cease and the said defendant, the Mlinneapolis, St. Paul, Rochester and Dubuque Electric Traction Company shall be entitled to be relieved of this decree to that extent. Any undertaking which may be given by the said Minneapolis, St. Paul, lochester and Dubuque Electric Traction Company for the purpose above set forth shall be secured by a lien upon all of its property described in said mortgage or deed of trust, which lien in such case is hereby charged upon such property, and the said Minneapolis, St. Paul, Rochester and Dubuque Electric Traction Company shall from time to time in such event execute, acknowledge and record such instrument or instrumcilts as the Court shall direct to give effect to said lien. 12. And it is hereby further adjudged and decreed that all moneys then in the Hands of the said Receiver derived by him from the sale of any equipment or other property of the said Minneapolis, St. Paul, Rochester and Dubuque Electric Traction Company made pursuant to any order entered herein and covered by said mortgage or deed of trust, may be applied towards the payment hereby required to be made by the sa i d Mii i nneapo I Is, St. Paul, Rochester and Dubuque Electric Traction Compar;y, r Q. And it is hereby further adjudged and decreed that unless the defendant shall be relieved from the operation of said decree as aforesaid, a I I its right, title and interest and equity of redemption in and to said property described in said mortgage or deed of trust arid hereinafter described., or which has been or may be acquired by said Receiver, shall be sold by or under the direction of Howard S. Abbott.:, Standing hraster in Chancery of this Court, together as one property and not as separate parcels, at public auction (etc.) 14. Said Master may in his discretion adjourn the sale for any reasonable time (etc.) 15. Arid it is hereby further adjudged and decreed that any purchaser, of the property decreed to be sold hereunder in making payment for the property purchased may use and apply said bond of one million dollars and the same small be accepted only up to the amount then due and owing as hereinbefore adjudged and decreed upon account of the principal and interest of said Collateral 7 -rust Notes and said allowance to said M i naeapo l i s Trust Co .:pang,, etc. If there sha I I be realized from the said sale an amount, cq)p I i cab i e to the payment of said bond sufficient to pay the entire amount , pri;;cipaI and interest herein adjudged to be due upon said Co1laterai Trust Notes and such allowance to said Minneapolis Truet Company, with interest as aforesa i do then and in that case the said ;pond shall be cancelled and rer'aine.d by the Hacster or cancer 1 i ed and delivered by him to the complainants, %ont i nento l and Commercial Trust and Savings Bank and Frank H. Joao >s, Trustees; whereupon it slial I be -the duty of the said Trustees to execute a satisfaction Cher: >for; (etc.) I F . And it hereby further act judged and decreed that the fund arising from the sale of the propos,ty herein decreed to be soId shaII bf, Opp I i ed as fo I I ows, ,root i n th e f I I ow i roc,, or Ater, to-w i t : To the pay- ment of the amount herein ad judged to be due for principal and interest on account of said Co! i gat: -ra I ruse "totes and said al 1 owance -t:o said Minn apo 1 is Tri.¢st•. Company, with interest thercor► to the time :,Alien such payment is made (etc..) 17 a l)C`..scCr i bc: ,i pF iymcrit oft • ) 18. Adji.Adcjed artcl decreed that If net derived from ,uch s6:: ie stmt i I be insufficient „rzca i nett c�tltr l "i:e Lo r',,,!-,e the payment cal led for by t i s deci c t-l;c.r� ; ,, i o ss.1 #n ;h� i l I;e =<r;1 i i e so fa.r as it w I I coo to the: c ­ 3 r: y <I c:. i ra c y. (loo. 68. Continued) 19. Further adjudged and decreed that upon completion and con irma- tion by the Court of any sale: made under and in pursuance c f this decree, said Howard S. Abott, Standing Master as aforesaid, shall execute to purchaser or purchasers of the said property a good and sufficient deed o' conveyance in fee simple, which deed shall specify the property so purchased and the sum paid therefor. 20. It is hereby further adjudged and decreed that at the time of the execution of the said deed of the said Mater the said Charles P. 6ratnober°, as Receiver, shall thereupon make, execute and deliver to the said purchaser or purchasers a good and sufficient deed of con - veyance in fee simple of any and ali property vested in or standing in the name of the said Receiver, or to which said Receiver has in any way acquired title. 23. And it is hereby i=urthep ordered, adjudged and decreed that the defendant,. the Minneapolis, St. Paul, Rochester anj Dubuque Electric; Traction Compony sha i I execute and deliver to said purchaser or purchasers a deed to all the property herein decreed to be soI,d. 22. Further ordered, adjudged and decreed that upon the execution and delivery of the conveyance by said Master as aforesaid, the Said purchaser or purchasers, his or their representatives or assigns, be let into the possession of said mortgaged premises so conveyed to him or them (etc,.) 23. And it is hereby further ordered, adjudged and decreed that unless the defendant, the Minneapolis, St. Paul, Rochester and Dubuque Electric Traction Company, shall be relieved of the operation of this decree as afope aid,, the defendants and all persons claiming by, through or under them since the commencement of this suit,, be . forever barred and foreceosed from all equity or redemption and claim, of, in and to the said premises or any part thereof. 24. Further adjudged and decreed that said Howard S. Abbott, Stzndin9 , Master as aforesaid make resort to this Court (etc.) 25. The Court reserves for consideration upon the coming in of the , Master's report of sale a l l trotters relating to the adequacy of the bid. (etc.) The Court reserves exclusive jurisdiction to hear and determine all questions relating to the extent of the rights acquired by any pur- chaser under this decree to the possession, use and iit.le of the property;- herein directed to be sold, (etc, etc.) 26. The property hereby dir=ected to be -:old t�:h':ch has been reduced to and is now my the actual possession of the Receiver is as follows: All of the line of railroad of the defendant, ant, the hinneapo i js, St. Paul, Rochester F,' Pubuque Electric Traction Company, now owned of operated by it running ?' g T`r'om its terminals in the City of Minneapolis, Hennepin County, Minnesota, through "the Counties of Hennepin, Dakota and Rice in said State of Minnesota, to its terminals in the City of (� Northfield in said County of lice; all br-'ai;�,,:(9ns add? t , additions and ex- tensions From or to ,,:s ','paid r 1_ne and a r l terminal properties wh_Lc it it now owns or in !•ri'1ich it bas any j^7luc rF'st; a l l rights of way, including s riCht of way xtunr, _ ga. e.ra I i y in a ::,c >ejt,tr:,r• ly dirg}c.Uio from said City of North F o l d to a p oi c Gear the City o f Faribault r � in said County of Vice; T a l l `_�>_.t?G_ cn and depot ti�;''CJ`•:ndn ',t =t . i ; W, operating leases of i 7_ni:. ". now owned !Uy .1_t, if aity, and all grants, easements and ! _ a es covering .s and terminal � � : 't. Y "Ei ± i'i c:� i i:< 1 . � facilities and all interest Wch it moy have as ..r jev or otherw" vo under any contracts For equipment, Pov r - h r of w,y on for a;.'_d` m. na i or other properties, and Q! instrumcnLs pepnolving bo such leases, s, gran a easements, interests and contvanti and W! PT&O thereunder on under any thereof; . and ! otheo tPort, pmc.o v," t° ' d "` :1�' l s f3 � r any i .• L] (No. 68. Continued) 0 interest therein situated in any or either of the Counties above named or elsewhere which the. said defendant now owns or in which: it has an \, i nt crest ; a l ! of the .right, title and interest of the said defendant, the Minneapolis, St. Paul, Rochester & Dubuque Electric Traction, Company in and to that certain written lease, grant or contract, and all rights thereunder, in 157 of Misc., page 5, covering certain terminals and terminal facilities in said City of Minneapolis, of the use and enjoyment thereof, wherein the Electric Short Line Railroad Company is the lessor or grantor, and the said Minneapolis, St. P&u.", Rochester & Dubuque Electric Traction Company is the lessee or grantee. Partial Sat: sfaction for $ 13.x,000.00 of the Judgment under this Decree filed Dec, 23, 1917. Continental and Commercial Trust and Savings Bank and Frank H. Jones,VComplainants vs Minneapolis, St. Paul, I`oehester and Dubuque Electric Traction Company and Charles P. Bratnober, as Receiver of •'inneepolis, St. Patti, Rochester and Dubuque E f ectric Traction Company, =e:feno,ant s Doc. Na. 1920048 United States District Court District of !Minnesota 3 4th Division - No. 77 Equity Certified Copy of Order Dated Oct. 30, 1917 Filed Feb. 3, 1938, 1:50 p.m. Book 36' of Misc., page 13 It is Hereby Ordered: that the resignation of Charles P. Bratnober, as Receiver herein, be and the same: is hereby accepted, such resignation to become effective u pvl1 uliu 111111 V 1 1.111) v1 "UCt' "Iiu the turning over by him to his S;_rc "Ct (} '' 1) f ia'l ??r'c :iEer'` t L' in ri t cy l: a i, ; r= %£ CC iVul, . ! ?i3t 4Z 1? Fir, g 1 c CC'.)li(i >G 'fit�'liii t ti.;!C$ a,,nd f l e6' by ,3a ?_d Pecaiv° r ue, and thra s a;i -e tiF rf � J ' r is 1.l a l l r e> - -.r f^tc-t_.S apprd°1v d cnd a i lo,ied and 1"ie is hereby Iow d 'Cthe surd `� 4r�`!`1'u'.� � C '�? :* ? 7� s servA.ces as C� e o r ; v C o i. < <.1_ �� :� �� 1_ c. r c_ r h i such Receiver, i`r'on ?t ju l'; 1, 19G. ! h at the sureties on his o f'fi :. a l bond as such Ra- c-,aiver be :end they are- herelL -y r. °.leased and C'�1scha.— CJ`ed.: I Is Hereby Furti:eY' �� L•''.r:�CF: 1"I it?'It C. . Varner be, and llP. IS hereby c1 >t:C1_!1`. ^,t Fece::_1:er hel -cin as successor to the Said Charles P . Cratno!)C! "•y tNitl "1 a l l the pot":e;;`s conferred t y the original order herein Uppol rt . " n q said fratnobe,' as Receiver and with a l l the duties and therein contained, exc- -tp ; as such powers and scsid duties ^gay have been Mt-I ecluc -nt I y modified or changed by any order of tit 1 C!ur � herein wi'till i? rect thereto. That the said Wr2r11-1'ea` iz. r:0reb,, direc"ced forthwith to file a bond -_n the usual for i-ii in t hi L, of S50, 000.00 coed tione.d for the fa ?it h fu l 17,:arf 0!'!.,anCC' Ott' -) C1.LSc,'1arge of his C!u"ti °s as s:ich Receiver, h sa.:! sfac"� ory surety or Sur,e.ti_e s thereon. IL, Is i= or'ther 0r f red', -1 'hat said Charles P. Bratnober upon u )- filing o i` said bon(." h, s,,j.ri V arrier be, and lie is hereby r directed to turn over to n -ai.d ')%13rner a I I of Lhe property now in iii. c, o!' -.n his ro >se lion as Receiver herein. Continental and Commercial United States District Court Trust and Savings Bank, and District of Minnesota Frank H. Jones, Complainants Certified Copy Report of Sale 70. vs Dated July 29, 1918 Minneapolis, St. Paul, Rochester Filed Feb. 17, 1948 and Dubuque Electric Traction Book 545 of Misc., Page 614 Company, eta!, defendants To the Eonorable the District I7oc. No. 2489572 Court of the United States for the District of Yinnesota, in the cause above entitled: Howard S. Abbott, Paster in Chancery, expressly a.rpointed in and by that certain decree of foreclosure and sale entered herein on the 22Nd day of Decamber, A. D. 1916, the supplementa. order entered herein on the 28th day of S= eptember A.D. 1917 and the supplemental order entered herein on the l9th day of July, A.D. 1918, to made a sale of the premises and properties in said decree and in, said supplementals order fully described, do hereby respectfully report as follows: That under and in accordance with the provAsions of said decree and said supplemental order of July 19, A. D. 19W, , T fixed the time and :lace when and where the Sale Of the proOerti z directed by said decree of forreclosure and Sale and said supplemental order to be sold should take place, and caused public notice to be given by advertisement of said sale, and the time and place thereof, together with the manner and terms upon which said sale was to be held, i . e . , at public auction at the front door of the court house of Hennepin County Minnesota, in the City of Rinneapolis, Hennepin CO..:.n.,y, St.,ai.° OI _`_in'?e.°,O`, a i .'r. Lon day, the 29th Qc.y of July, A.D. 1918, at the hour Of ten o'clock in the forenoon. A cozy of sair', notice of sale is hereto attached. marked Exhibit "A' and made apart hOr?Of. The v in dGc GrOuTCe with the terms OL said supplemental order of Jul;" 19 +, A.D. 1918, notice of said sale was raven by me by .publishing for one day on July 22, A. D. 1918, in the Vinneapolis jour a.l, a newspaper printed, regularly issued, and having a. general circulation in the County of 'Hennepin, State of Minnesota, and which notice, as published, contained a brief general description of the property to he sold, with a statement of the time and place of sale, and a reference no said decree Of foreclosure and Salo , said SJp l e :e ita± order of Sept. 28 A. D. 1917, and said supplemental order of July 19, 1918, for a more particular description of the properties to to sold, and for a statement of the terms and conditions of sale. The aff ir'.avV of the Publication of said notice Of Sale in said Minneapolis Journal is hereto attached. 1 marked "_nhibit B' and make a part here0f_ Said notice Of s. -''le bein ` _, published in said l inneapolis Joy r•na.l or July 22, D. 191.8 or more than 5 days before the date of sale. That in acc0:"Cdance with the terms of said supplemental order of July 197 t. I. 1918, notice Of said SaO was given by me by publishing for one day, on c lw!_�r 22, A. D. tf fir`, in .'' -, ri . !c,t c .L , u ,,1 c. 1' i:i_Y'_;:?eapol sY Tribune, a nE'1,'.'Spaper printed, regularly y issu 'Ca, and having a _ ? :era! circulation in the County ofiicnnepin, State of Einnasata, ard j. h .j notice as publisheK, coxta:i_ned a brief 'eneral description ��ion of the proverty to be sold, with as t''' : I:.e time d place a e e e a �� , t. of the _ � � r; .. _ r of sal_ d a. r .t _ r, i. to said decree Of foreclosure and sala, :;aid '_.,.. meal order of S �'t . 28, A. D. 2917, and said su pl :. n al order of July 19, 1918, for a ..�or� 3 Sc,iCi I_� �il._,t,c D" Particular description of the properties to be sold, and for a stateoa= of the t.ie2"ms and conditions f sale. The affidavit Of the publication of si:;_d. notice of sale in said hVinneapolis _.riuui<C, is hereto c,tttcGi.aC, marked Exhibit "C" and made a part hereof. Said notice Of sale be i,-- published In Said Linneapolis K:i.bune on July 22, A. D. 1918, or more than 5 days before the date of sale. (continued) r 0 • (Entry No. 70. continued) That on 1 _onda y the 29th day of July, 1918 at the hour of ten o'clock in the forenoon 1 ` +'has present at the front t door of the court }douse of Hennepin County Minnesota in the City of Minneapolis, Hennepin County, State of ? irnesota, that being the time and place fixed by me for the sale under said decree of foreclosure and Sale and said supplemental orders of Se` t • 28, A.D. 1911 and l�uly= 19, A.D. 1918, and, ;pursuant to said decree of foreclosure and Sale and the supplemental order of July 19 A. D. 191:: and said notice of sale, T offerer. at Public auction for sale, as an entirely, as one property, and not as separate parcels, all of the properties, real, personal or mixed, and al! of the powers, ri hts, privy ieEes, :I.''?]r u hies and franchises of every kind and description as s•et, forth in Said notice of sale and more particularly and fully described in said decree of foreclosure and sale and the supplemental ord is of Sent. 2 -81 A. D. 1917, and July 19, A. D. 1918; excepting therefrom kh,.) that portion of the line ex enC`.]-2`_g from Auto junction to Luce Line junction, without equigment, which was heretofore, on she 10t day ny Uecember, A. D. 19 17 offered for sale and sold; anJ except ±b) all c 3 on hand and Dills receivable criFinating during the receivership, and sold the same to the Minneapolis, Northfield and Southern Railway for the, s1J_'"1 of 350,CCO.CO that being the hi`;hest bid :'?c3.dq for said pr'oYE?;'."tieS aL thus offered a said sale, and the said _l r e a'O 1S, T ortra ield and Southern _` a_l :ay being the i. _ =thest bidder therefor. eror. That said sale was publicly, fairly lZ' a_ t. openly �.' _hC; uL- 4, and c _. opportunity given c�.�. all times for i;ny one to make bid if he so des? ' Zl of 7hicl i3 re„apectwu1Z: submitted. Dated, 1___nn a -_Lis, -- .___ so a, July ti„ A.D. 1918. Howard S. Abbott -Easter in Chancery, In said decree and supplemental orders expressly appointed to make said sale. EXHIBIT A Notice Notice of Foreclosure Sale United States District Court, District of ' ,_ine >ota Fourth Division Continental & Commercial Trust & Savings Bank and Frank H. Jones, Complainants. vs h1nneapoli , St. P aul , Rochester & Dubuque Electric Traction Company y e a..L, defendants. cd_ n..,s. C onsolida _.cd cause . WoLice is hereby given that pursuant to tr1e decree of foreclosure and sale made and entered the histrict Court of nh` United State of Aneri:^•� for the District of 1 yr sot a Fourth Division, on the 22nd day:- of Doc. A. D. 1916, in the above e_ ., .,_'_ad ca?is3 and 1 .�,1..'�pl° ' order �, //�� y ��y y�{ l� (' ',; I[1 C�c `."� -��.1 1 7_Y: t�ri J_C'� cause made and entered �e i er...in C__ the �,8V1,� day of Sept. n . D. 191.7 C�.i�;a ti��e� �.; �. 1: J i J supplemental order in said cause made a:°_i1 eri. erect herein or the 19th day of July, A. D. 1918: L, Howard S. 'Obott, `caster In Chancery, ex pressl`v appointed for that purpose, uill sell at public auction to the hi7heW- bidder or bidders for Cctcih, or as pA C> w 1.J -,C; :i_., said decree and ,u: - ^- C' ",_' l,a_._ orders, at the front door of the Cour t House of Hennepin County, in the City of l `?_._:ite,apoli Herne vin County and > at o_: Minnesota, on i.'o �:qy the 29th `�a o�. ul! x'_ , A. 1; . i � .l, at .,.'_ ; hou�' ^o 10 O cloi is in h :i o e- noon, all the riFht , title and equity of redemption of the defendant. t C'ort inuad ) 11 (Entry X10. 70. continued) Minneapolis, St. Paul, Rochester & Dubuque Electric Traction Company in and to the properties, rights, privileges and franchises mentioned in said decree and said supplemental orders and embraced in said covered by the moyt7age or deed of trust dated Ian.. 1, 19!5 of the 1Pin e pal is, St. Paul, Rochester A Dubuque Electric ! rac tion Company to the Gontincntal &, Cor- nercial Trust & Savings Bank of Ch- Canto and 'rank H. Jones as nr1;s`;ee or which may have been or nay be acquired by said Receiver herein, more particularly described as follows: All the line or railway of the defendant )...:ilin e Urolis, St. Paul, Zochesver s- Dubuque :Jlec'Jric, lractio!? Company, now opened or operated Eby it, running fron its terminals in the City of -_in nea oli.s, Hennepin County Minnesota, through the counties of Hennepin, Dakota, and Rice, in said State of °l_1leLcta, to its terminals in the city of `or t'_rl.fiel' in said County of Rice; all branches, additions and extensions from or to its said line, and all termihal properties which it now owns or in which it has any interest; all rights or way, including its right of way extending generally in a Southerly direction from said C:s:j of Northfield to a :^olnt near the City of i ax i'Oault in said County of Rice; all station and depot grounds, station houses, warehouses, freight houses, engine douses, car houses, machine and repair shops, sheds, and all of its other structures of ever; kind and character; all telegraph and telephone lines, including all poles eE n ' nsa. r 1.:ents ich said defendant row owns or is which ich it has YT =i r > a_ u �_ � L' - c:. i.y interest; all r0a.,.beC,." t.r'aCr:s; tunnels, , J.a.?"icS7eS, St`Llrs• %iOJ.uIM rack, turnC i;ita, switches, siii"7.nEs, turn tables, stringers, rails, ties, and all other sinilar a pl.iances and equipment of every kind and character now owned by the said defendant and in any 'lrxy now cr hereafter used in connection with or appertaining unto it said ,.tine of railway; all enE nes , tenders, Motors, car's an o oll r stock an -,,,i i .den ; _ c3 trier � ,� x,.= -�. equipment; all furniture, machinery , tools , i mni e %e^v c , materials and supplies of every kind and character now owned by the cc; j ;ny and in any way now or hereafter used in connection with or apperta.i,'lii :'T unto its said lire of railway; all operating leases of line now owned by it, if any, and all grants, easements and leases covering terminals facilities, and all int-ere which it may have as vendee or otherwise under any contracts for ce.C7'J�_''t2°'n Ate" c right :i ;my or for terminals or other propert 3s and all instruments F; i � � leases, -� r c�'^es contracts, p;r�t�i_, :.ir_�� n such l�.a,� s, era : :Zts, e� se__ :en4s, int interest and an„ , and �_ t thereunder � under any thereof; i] Y1 t, rivi....e es c_2,C1 c._L r1.fi' ^�S �ilerel. ?C.Fr Or U .__ a1T u?.1 _•O','6r'S, >.- � , area franchises of every kind and character j ;i?l`3 or possessed by i and all tracts, pieces Or parcels oisland or any interest therein it'U < :. in any Or either Of the COuSt1eS above named Or elsewhere :1C: the said defendant now owns of in which it has any interest. Exce tnc.: therefrom (a) that portion of e line of railway extending endi7 g fr'om Auto junction to Lace Lin., cJu c io , without equipment. ment hick was her'avofore, on the l8th dal of December, A.D. 1917 offered for sale and said; a: AAA , iexc ;t7 r (b) All cash on rand and bills recCy?r: ^..ble cX'lg:`ratin Win,-, the Receivership. 1.,,E'ms (a) and (b) will not be included in the property or properties offered for sale at this Lime. Any patty to this caa ` or a individual, corporation, associ_a :ion or committee interested in said pinparties, :i_e _ _ = as a boU%c.' older, creditor, stockholder or otherwise nay bid and nurchase at such ..:ca.1_ . , . :.Ol.,1l.fr ._iE'• property v T So i ✓lFl :`Ctc15 eC in his or its rl_?ht free from any trust wiia:-ever. (ce.Jn :,Yuod ) v' (Entry To. 70. conta"iued Said D'aster will offer for sale as an entirety, as one property and rot as set?areate parcels, all of the above oro,eroies, real, personal and mixed, grid 2.11 0f the _ CV7e 'S, 2 ' ,'<ItS ;?rivllC> `�S, i 1 iunitias and franchises Of' every kind and description, as se. , forth above and More partly rly a d:RfI'_ y described in said 6ecree of r_oreclosure and s=ale, exce' tin^ Cher eI ' l '"' O'_;i that ^crtio,a of the line o-Lc' rail',".-ay ex"11er..dir_g; from, :auto 'Junction to !Luce Line Jur:ctiol , -.:tit o-ot equipme- _`: and cash on hard and bills receivable r t - 1-he `-?e^eivershic) which till rot be included with the o 'i 7 _ : in.. a 1r �r_ , oro~ne.c ty offered for sale. l nt, Bale _..ud.- shall be sub ec-t to the a.- ;proval of 'aL court . That % ati -er maz', J-_I"_ his discretion, ad-ourIl _ ne -ale for any reasonable time that v see:.. to hire -ood and su"cier_t, _ 4 1.b-; �DUb G � a!�ouncin_ at the time _ ror . said sal e such IC- ,our mp r-t and the ti e and ;dace to 1., ,' t: e ns be ',d corned: and _ ay it _ ch the sale s_ __ lik=e m am r _ro-n to tf_I:e Ld-our such Sale '.-ithout further ad.ver`tise- i! °nt . The Purchaser of ,-he property, by said decree so to be so!-6, ::iay in r a'.1_in pa-r e.at a'cr the property ; urc_ ^.t sod, use and a -ly the boI_d of s , 000. CO in said decree d s.,rioed, nu+ the . a shall be acc d or--,y up to the ar.�ourt of then as it said decree ad judged and ordered, upon account of the n incipal` and interest of _ e collateral trust rc1,es and the a! 107 anee t O t r e i :t "`_� e a %O =iB `� ruS v Cot ":: ;a -y as f U! ly Set ' Ortl: and described in Decree of fi rec c r _ � Such bond de- 7 7 1.0 ;.1 e and Sc ^..L , �1:�C1. CEO' d 1i -Tered to the 1 _.aster at the 'tii ie of SaIC: or sul ieQuentl,', sha l i. e r v' "� v O /` e i shall a r 1 e- s t, nn ri 1 r- cei "T d at such, pri- o val a .anal_ � �+ Z Vc i3O � iii -. SL :± Vi: iC.1 ^� •� 7 r .. '1 p 1, .�! -r L 1 r 1 '� i..�., f {'l P is �? 1. i+ e of ti �.' C, w,:uld be �- cab_ - L-,Lruer e :. ,')J. said, t. ..., .. to -.. :)Ord, o i; of -he net ;roc�eeds Gw 12�e S2.id say. e w "made for rr Ji 3�r. As a fllrtti 8? assurance O tl:S ',urC ^c^S?r Cr tit rC- ;�Se�'S, s i d faster Ti °41, -Li on the CO:ii''let C:'i and CC f _r: ":2 G1CI- CJ'r the �OU.rt , O ':ij% sale ?ade under and in arsua•_ "o said ca ;cr vt fa.. ecti, _ a _.: a sale and 7,aid orders, _.'.al^;e F:<. C;'ate and .:.c.l:!, TeY' to the, .;urC a5 t7 ,:t_ CP_u ,c .� Uy_�L °.i!l :pro- perties a �arot;er eod. •gin, ' - o" d O:i COl "v'- �'ui.C�: c.__.A �•a_�___ O =' $a.i.' c ^�'d �_1 1 t so sold., in i'.ich 6.eed and bill Of ;ale tl -,e i'.e.:.eiver herein � kaa11 jCir1. Tor the purpose of en orc:�; ^- t..e `rovi s- ._o::S Of $c.J Cec -e of foreclosure and sale, ,U_ri diC:,1Cn of � Caase ire T''t,2.]7C:1 �1AcC Cwc.rt ,7hich. re:: cr -,. os .f or cons iCCra4Cion ul-Io'"? t-1- -c CO?'.lin:r i_:1 o- said .''c'?st(, r s re port, of Sale, all ro'` a �a_r t0 �.'1' �?deC1AC C7 Ci. t =ie 1�1i7. and reserves the, ri xt <n.s a. condition o:_ the 'acre �, ,c'nce OI a : 7 :bid ?; C' � ,� - n 1;.11,='- 'con.firmaGlon - n- e S' 'tl f11"_,1�Cc`1:, U for .� a _ _c . C, :O 7 "1'OCS L.0 r t.1... Pt�Z' : .c r ;?$ t!a l0'.._ t 7,a; s -e" fat, c^.nd rosCr 4r $ tk.e right tU Y'e- Ct a.Iay bid and to re -tak:= and re e _11 the i..L the Co l t shall deer such bid inadequat ,', or U,-�on bidder ;r?aosc bd t0 t„ e :_aster a1J. _ e , r�Gr'_ COI1I ir_'. d and . _ 7.1 1LCi b -,r a4 n , c _C VOLI?"�• t0 COminls' :.1itr1 tl {'. t�rY S Cr spici Salt, Or 1.q4 th aI ?' O-der Of SaCl (^tArt n' - .. ase --_)r `e e 7 .7 1 any : ;.lr J �.,�' �i: �;;rcr.��a� �_c or tf,_.._ _vs_r_. o� �.__ >��c 't or the e..' a?a into -1 � -iqr in cor' ;cct ioY: WIth the _? herein r (:iuired to Ire .::ad. e o ' �. ~ ;s a ~: _.� 3C d ^ors of Ser-. ice of r!ct -.ice of t e ^i t_y,Y 'O 'r:, �"tl`1 - ch,_:r and a so r c?serv'vs f -ill 1,z1`a Sdictl.oi.'. Of suck. c)rae_ to �'I ?ter ar craer, 1IC: C`i; Cr u�Grnn n?C°SSaT�' tc enfarY -_e t-1--e _r0-- `.­ LO'1c Cad 1 %�Crl G ;, ,�. J S i� a.: l ^� t )r s 1 1 i to ., ns ,",aid s.. � c.__ aUC _ {. y �.i Ck! U2r L a d SU -0': e- :n: _t .3.�_ G'_'Q r CI it a' s_0 , l 1 _G , Ol`,� Q i t L i' ^� n l! �1 a n i X < ;Ci by l,S1P., ti.1S4-r1C1 cl d ore!. o� ore c_.o:.vr .d 7. r-ac . ___.c c._ rot : °t of "'r c- ,TI. ,_' f . ?,_ ,._ _` ^a for t r�, i y;1- r,T r i��d S ,� .Os c is r-iC � ,rict of :i r_, soya, 1'6Di)r U, ;�1. i %7.5 Jr , On '. 7 2 %'I "-d da`i o. 1.�G'CG .: �� �„ _ G_ i J, o ": ,t• -_: _ i a the a- e e ' d Cat's. , S1'_ci'.�- exca. ^t a Char •oC'`. b- the te' ":.:s of so4d Later or,- r, a.z p.1- t h O'ale fu­ ., r : er j_ a in resrect, to the ;Iethod of cor:t'ac'., G_. t'_" other 0 1 E sale, ! t- i f 1 t�J (Entry Teo. 70. continued) For further rarti.culars in respect, to tha. terms and conditions of this Sale, priority of liera, deed to �_­Urchase -r and th:e nature and conditions of his possession, r e erence is herebj% n a Qe "to the above mentioned decree of fc-reclosure and sale of said Co,z, t, dated the 22nd day of Dec, herein o _ �. A.D. 1910 the sup:'- le *: ^:2nta1 order :had:; a'_ci entered � e r the 2�?th c�ay of Sept. 1917. and the supple rental order ;:sa e and entered herein on the 19th day of uulj' A. D. lul'J, as I.hp- sane are now on file and of record in t-he office of the C 1 -e-1: of the United States District COUrt for the J�1S ;r1Ct Of ::1Tii1 SOtc`', O '.rtr1 T)i'viS� on at S. -? nnea'_ cliS T'inne sofa. Dated T-Tinnearolis, 1 in nesota jul-�- 22. 1 'DlTI, Ho-rard S. Paster in Chancery, i%: said De ;'r00 and Orders appoilrted 'moo make said Sale, I"ayer, Tiayer, Austrian & Pfatt: Cobb, j'iheel.'.Tright and Dille. Roberts and Strom. Solicitors 71. 0 Continental and Commercial Trust and Savings Bank and Frank H. Jones, Complainants VS Minneapolis, St. Paul, Rochester Dubuque Electric Traction Co., and Charles P. Bratnober as Receiver of Minneapolis, St. Paul, Rochester F? Dubuque Electric Tr action Co., Defendants Doc. No. 1194732 United States District Court Fourth Judicial District Certified Copy of Order Confirming Sale Dated July 19, 1918 Filed Jan. 23, 1924 Boole 230 of Misc., page 330 Finds: That pursuant to Decree Dec. 22, 1916 and Supplemental Order Sept. 28, 1917, master in chancery. as required by said ouppremenzar vruer oec. z1o, offered for sale the unsold property of said Railway Company at public sale Dec. 18, 1917; that notice of said sale was duly given as provided by said original decree and suppler.;ental order; that the master duly made and filed his report of sale which said report was dated and filed Dec. 18, 1917 and in said report the said master reported that he sold to C. T. Jaffray, A. N. Jackson and R. B. Marchant as committee of note holds that portion of the line of railway described in decree herein extending from Auto Club Junction to Luce Line Junction without equipment with the privilege to the purchaser of dismantlir =g -said line of road and selling personal property and such right of way or rights therein as were owned by said Minneapolis, St. Paul, Rochester Dubuque Electric Trac ion Co., for the sum of $100,000.00. And the Court further finds that the said bidders deposited with Receiver the sum of $10,000.00 as required by said supplemental order Sept. 28. That the said bidders have duly assigned and transferred to Minneapolis, Northfield & Southern Railway all their rights, under and by virtue of said bid and have also assigned to said Minneapolis Northfield & Southern Railway all of the collateral notes described in bill of equity and in decree. Further finds that the said Minnc,apo1is, Northfield and Southern Railway desires to have the amount of said bid, to -wit: $100,000.00 endorsed upon the bonds securing said collateral notes as provided by paragraph IS of said Decree of Dec. 22, 1916. it is therefore ordered, that the said sale of said portion of line of railway extending from Auf o Club Junction to Luce Line Junction be confirmed in al respects in accordance with terms of bid as set forth in said report of sale with the privilege to the purchaser of dismantiing said line of road as stated in said report. That the master in chancery he and he is hereby ordered to execute and del iver to M i nneapo I is, Northfield and Southern Rai 1 way as successor to C. T. Jaffray, A. H. Jackson and ;;i, B. rYiarchant as such ccmmittee, the bidders at said sale a deed conveying to the said Minneapolis, P orthf i c: I d and Southern Rai l way the proper -ty covered by t}.e bid at said sale as here i nbe -fore set forth, %, i th the pr i v i l eqe here i nbefore mentioned. Be it further ordered thLt lie ii ! • Continental and Commercial United States District. Court Trust and Savings Hank and Fourth Judicial District Frank H. Jones, Complainants Certified Copy of Order Supplement 72. vs to Decree of December 22, 1916 Minneapolis, St. Paui, Dated July 19, 1918 Rochester & Dubuque Electric Filed Jan. 23, 1924, 10:30 a.m. Traction Co., and Book 230 of Slisc., page 330 Charles D. 6ratnober as Ordered: That C. E. 1larner as Receiver of Minneapolis, Receiver herein be and he is hereby St. Paul, Rochester & ordered and directed to turn over to Dubuque Electric Traction Co., Minneapolis Trust Company for and on Defendants behalf of the holder of said Doc. No. 1194732 Collateral Trust Notes on date of Option described in said petition.,. ail balances remaining in,hands of Receiver after payment of operating expenses and claims accruing prior to May 1, 1513 including deposit of $10,000 >00 made by the said Committee at the time of purchase of the so- called "cut -off" of the Traction Company's line of Railway, extending from Auto Club Junction to Luce Line Junction excluding however all moneys received on account of operation since the M,.ay I, 1915, said Minneapolis Traction Company to pay out of- Such sum any sums due to the complaints in this cause and to their solicitors and to riinneapo1is Trust Company and its solicitors. It is hereby 'urther ordered. That said Receiver execute and deliver to said Minneapolis Trdct.ion Company for and on behalf of holders of said notes a bill of sale of certain box cars heretofore ordered by this Court to be sold and an assignment of all the Receiver's interest _n any ottl- standing contract for :tea i e of said cars. It 1.s Further ordered: Thal the decree here_nbefore entered, Dec. 22, 1'16 and supplemental order dzited Sept. 28, 1917, be and they hereby are suppiemenve.d and modified in following particu!er only: It is ordered that Hov.iard S. Abbott, master in chancery, offer for sale, at public auction, all of the remainin.; property of Minneapolis, St. Paul, Rochester �? Dubuque Electric Traction Co., inc 1 uding the line of railway from 5 •th Street to Northfield an" all right of way including a right of way fr•cim Northfield to Faribault and all reel and personal property of every kind and nature belonging to the said Traction Company or in which it has any interest. That the said master give notice of said sa l F by publishing same for one day in i"{inneapo 1 is Tribune and I.iirneaapo l is Journal and that the said sale may occur within reasonable t1me after 41;e rub 1 ication of said notice but riot less than five: days af=ter such pub 1 i cation. That in any sal e that tales r I i ce pursu ant to terms of thils order 'the property sha 1 1 Le so 1 to tke highest bidder `cl;erefor, ar d in event th< t the property is pur -a our- chased by holder of bond described in Decree of Pee. 221 1916 such �,ur- chaser may use and arp l y t1he same in miEir`inq payr;;ent for said properll-y tic prov_tc;ed in paragraph 15 of said Decree. of Dec,. 22, 1916. That said a':e sha l 1 be ro ported I-o Court, and upon confi�^rr;ation thereof said mas�t.t. -r sha ii 1 make. a proper aced of conveyance and bi 1 1 of style of a l l of the prop:- r°ty so sold or of be sold that tke. deceiver herein shall join said dcec and- bill of sale. That except as than p..d by �.erins of this order the pro- '42, of !?ecree of Dec. d2, 1916 as to method of conducting sa3.6 sale, caistri.bution of proceeds and ocher cogr:ate mat -c;rs shall apply to sa cs pr -ovided For herein • Continental and Commercial Trust United States District Court and Savings Bank and Frank H. Fourth Judicial District Jones, Complainants Certified Copy of Order Accepting 73. vs Resignation of Charles P. Bratnober Minneapolis, St;. Paul, Rochester as Receiver, Allowing his final & Dubuque Electric Tractions Co., account as such fixing his compen- and Charles P. Sratnober as Receiver sation from July 1, 191'/ and of Minneapolis, St. Paul, Rochester appointing C. E. Warner as his & Dubuque Electric Traction Co., successor. Defendants Dated Oct. 30, 1917 Doc. too. 1194732 Filed Jan. 23, 1924 Book 2.30 of Misc., page 330 Hereby ordered: That the resignation of saia Charles P. Bratnober as Receiver herein, be, and the same is hereby accepted, such resignation to become effective upon filing of this order and turning over by him to his successor of all property in his hands as Receiver. That the final account so submitted and filed by said Receiver b: and same is hereby in all respects approved and allowed and he is hereby allowed the sum of $6,000.,00 as compensation for his services as such Receiver from July I, 1917. That the sureties on his official bond as such Receiver be and they are hereby released and discharged, Further ordered: That C. E. Warner be and he is hereby appointed Receiver herein as successor to said Charles P. Bratnober with all the powers conferred by originai order herein appointing said Bratnober as Receiver and with ail duties and obligations therein contained except as such powers and said duties may have been subsequently modified or changed by any Order of Court herein -with respect thereto. That the said 'darner is hereby directed to fi1c bond of $50,000.00. Further ordered: That said Charles P. Bratnober upon filing of said bond by said Warner, be and he is hereby directed to turn over to said 'earner all of property now in his hands or in his possession as Receiver herein. Continental and Commercial Trust United States District Court and Savings Bani: and Frank H. Fourth Judicial District Jones, Complainants Certified Copy of Decree 74. vs of December 22, 1916 14;i nneapo l i s, St. Paul, Rochester Filed Jan. 23, 1924- & DUb;.s_ Lrc Electric ectr i c Tra-act i on Co. Book 230, of ICI i sc , � , page p � 33 0 and Cnar l es P. Bratnober as Receiver Ordered Adjudged "udc ed and Decreed as J of Minn .apo l i s, St. Paul, Izoche ste,r follows: 1. That at time of f i l i nc Dubuque Electric Traction Co., of bill of complaint in said ac icai Defendants by first parties Charles P. 6ratncober Doe. No. I I ".)47 32 Receiver appointed by this Court was in possession of a l l the properties described in bill of comp i a i nt; that a i l of mater i a 1 a I I egat i ons of spa i d b i l l of co :tap la i nt are tru+7. That mo^-tc.�U�,io or cased of trust Jan. 1, 19 1 j to sa i d Cont i nenta I and Commercial Trust i_:nd Savings Bank atad Fronk H. Jones as Trustees, was duly a►, E.9aor i red, made, executed and delivered by said Ml i nneapo l i s, St. Paul, Rac,hest.or E1 Dubuque. E l ec -.r i c 'd r•oct i on Company and was recorder in all of Count i e �, thr ou <,)1i wh i,--h I i ne of rrs i I road descr• .i bed there i n passes; that a true and correct copy o.�._ sa i d mcor tcl age or det-,d of trust was f i led here i n v.' i th F i I i no o- s� i d b i l l of r: oirj r `s a i nc sa i d mortq ace or deed of trust b C'.c raSiiu' and r.d t;'as �;r,d st s f 1 ! .? a valid t' : a` st t t 'ell and mortgage on each i ?nd a l ! of properties t lhur e i n do, c.r i bad wh i c`h propF ^t i ^s are more pat -t i cu l arm l y herc i sha Ftcr in,� r°� - Fera9ca to, T h,-! ; . .,.3+d car)�,Ialnc-ants at t,m01 . cif f, i 1 i nc3 of' their said b i 1i wo.-re vested w i f is a l l and r° i ghts , pC36Ji °.Y'v, err 1 1 i E *C;( *i, ,;h S ch 1'r,("- :' III Sal i d tilts ear :r]E or deed oe" tru :it end 1:)y and st S i I are act S nf# as (No. 74. Continued) 0 3. That after execution and - jelivery of said mortgage or deed of trust and prior to "i I Inc - sa d L)i II of comp:ai tit saf d t,,I- nne a p,, I is, St. F o IF , - I t - a u Cc e- s, e. r IC- U q UDC E. I e c 'K'_. r 4. c 4 r ac,: L I or! 0z r,.i p cane d u I y ii-i a G e. a n 0 -o do by sa'd rnortc ,aqe or &--.ed of trust executed, as 't Wa;� aut-Li -Liud 41, one temporary bond ol" iFOICE OF and the samie was thereupon immediEitely certiii d by sa'I+i Enid by them delivered said 4%iin(learolls) St. F`aul, ':;ochest-er rind Dubu�,,ue Electric Tra.---t-inn Company; drips said 'bo'na' its no%v c,ndl no o-(-har of t!-,e bonds descri'bed in o'aie?' rlortpcjc I _)e or I o F 1,!­u�_-,t lh...ve ever been issued. 4. That. Iii vnadiately ct_t.�r it's certa.-I"icatioin by said Continental and Commercial Trust and Savings Bank and its delivery to said 1,1iinneapolis St. Paul, Rochester and Dubuque Electric Traction Company as aforesaid the said bond of face value of $1,0001000.00 was pledged by said Minneapolis, S-'k'-. Paul, Rochester and Pubuque Electri-c Traction Company with the Hinnearolis Trust Company of Minnedpo!is, Minnesota as Trustees under a Collateral Trust Agreement, Jan. 1, 11015 to secure an issue of Collateral Trust Notes of said 14inneapolis, St. Paul, Rochester and Dubuque Electric Traction Company, Jan. 1, 1915 and Aggregating principal sum of $750,00"'.00 said Collateral Trust Notes bearing interest 6'1o' Semi. That it was provided by terms of said Co!lateral Trust Agreement that when int-et•est should have been dully paid on said Collateral Trust notes there- by secured, that said it,Iinneap�lis Trust Company as Trustee, should detach fron bonds deposited and pledge thereunder the interest coupons pertain- ing to said bonds which slhouln' have matured on or prior to date of the m=aturity of interest so paid on said Collateral Trus.'k-, Notes and should cancel such coupons so dietached and show id 6�-�Iiver the neate to said Muinneapolis, St. Paul, RIOCIIC-.ster and DUbUOLIs? Electric Traction Company or should endorse payrient of such interest upon any temporary bond or bonds eeposited and pledged thereunder being the temnorary bond herebefore me-n- ticned. That the said issue of said Collateral Trust notes was duly sold by said Minneapolis, St. Paul, Rochester and Dubuque Electric Traction Company upon market and are now issued and outstanding. That on Jan. 1. 191,6, the said j"Iin.neapolis, St. Paul, Rochester and Dubuque Electric Traction Company defaulted in payment of interest -due on said Collateral Trust, notes on said day and also on said bond of face value of 'l?'1,000,000.00 in this that there became due and payable on said day as interest on said Collateral Trust Notes and on said bond, $22,500.00 and no part thereof has ever been paid except SlJ,,2SO.00 and that each of said defaults has con- tinued For more than 60 days prior to filing of said bill of complaint. 5• That on July 20, 1916, Charles P. Bratnober was appointed Receiver of 14inneapolis, St. Paul, Rochester and Dubuque Electric Traction Co., and is now in possession of said property. 6. That on Aug. 1, 1916, Mtj.nneapolis Trust Company requested in writinc) that Coriiplainants herein declare the princspal of said '000,000.00 bond. Dec l.gyred in writin<j to said '4inneapolis, it. Paul, Rochester & Dubuque Eiectric Traction Comparty Auc3. -3, 1916. rF,(---euf-)on complainants hecalfl(" authorized' to file said biII of complaint, etc. 7 . Nov; Gut: and cwinq from said deF.ndiant., Mlnneapo'iis, St. Paul, [%'ochoster fi, Dubuque Electric Traction Company upon said Collateral Trust Notes '?75,000-00 as Principai $D'42,77S.51 as irvter' :s-iL and additional suill of w2 0.00 allowed to 'Iinneapolis Trust Coi-,ipany as service for trustee under said Collateral Trust. i%< ,ireement' -tnd $1,000.00 to said Minneapolis Trust Company as fee for Aktotney and Soiicitors fee making in all $5OIp9'60..i36. 8. That prior to fil -ing of s.,-id O' bIll of coi-.,,plaint written lease July 5, 1 91 3 wherein Olhica,.io Great "IVrastcrn 'Railway 0-ovipany and Wisconsin, lklinnesota -in- Rai i% * nnea Pau 1. -) (:, t.- d Pacific 1,411 �a'y Compi�ny were less(.-)rs and Mii po I is, St - P, 1, 11, ch ster & I)ulbuoue Efectr,,*-c Tr '(,;tion was lessec ivhich said lease is descrU­(:.-C.� u S a s 6 - v r; -.!d and no lionger subjoct 11) ill r --Jace or' (I O.t Sa, ance I( to lien of Said I) ear eod' that thero, -'s due ,S)03-c/W..56- ( k 1 0 nt- i I I L l _­ C" I ) ( Entry No. 74. continued) 10. That on or before May 27, 1917, said sum of $803,960.56 shall be paid to the Court, together with interest thereon and Clerk's fees, etc., said Traction Company may .app i y to this court to be released from operation of this decree and foreclosure sale herein contained upon payment of amount herein adjudged to be due any undertaking which may be given by said Traction Company for above purposes shall ba secured by Lien upon all of its property described in said mortgage or deed of trust which lien in such case is hereby charged upon such property, said instruments to be recorded as Court shall direct. 12. A l l moneys received Ev Receiver derived fr orn sale of equipment etc., made pursuant to above order may be applied towards payment of said sum. 13. Howard S. Abbot, Master in Chancery to sell all property in case that defendant does not comply with said order to pay said amount, to be sold together as one property. Provisions for giving notices etc. 14. Provisions as to adjournment of said sale. ' 15. Purchaser may use said bond of $1,000,000.00 only up to amount then due of said Collateral Trust Notes and said allowance to said Minneapolis Trust Company. 16. If total amount due on said Collateral Trust Notes shall be received from sale then Master to cancel same, o•cherri se to mark on same amount paid off, in case of cancellation provided for-disposal of cancelled notes. 17. Directs expenditure of money received from said sale. 18. In case not cuff i c i erlt rec:e i ved to ;gay amount herein adjudged to be due for principal and i ntere:;t on account of said Collateral Trust Dotes and allowance to 1Iinneapolis Trust Company Receiver shall pay over all sums in his hands derived from sale of equipment etc., of said Traction Company covered by said mortgage and it shall he applied to those purposes., 19. Said plaster to cie l i ver deed to purchasers on confirmation by this COU—i —,.. 20, 21, At time of No. 19 said Receiver shall re- execute deed to said ? purchasers. 22. At time of No. 19 said purchasers to take possession and any other person having interest therein 'Co execute deed to said purchasers on order of court. 23. Unless said Traction Company be relieved from this decree any, all parties claiming under it to be foreclosed from equity, in said premises. 24. !.'aster to report to Court all doinc.s in premises after said sale, as soon as possible. 25. Court reserves right to pass on said sale. Ali right to determine all questions relating to rendering of decree for balance that may, be found due to said complainants as trustees, over and above proceeds of sale. herein i i- ccted. F r= then reserves for cons i derat i Or a I I matters not here i n prow i dcc-1 gear x 26. Property hereby directed to be sold which has been reduced to cod is now in actual possession of Receiver is as fo I l or,, s : A l l of the I i ne of railroad of defendant, Traction Company n�'-)w owned or operated by it r Unn i ng from its termination in City of t1 i nnoopo l i s, tL -nnep i n County, Minnesota, -through Counties of Hennepin, Dakota, and Rice in said Minnesota to its terminals in City of Northf i e l (j, Rice Coui►ty, a I I branches, additions, and etc., from or to its said Tine arlc al terminal properties which it now owns or in which it has Finy interest; a l l right of ways including its right f,)f wary exterding goner a l l y in a Southerly direction from said City of Northfield to a po i n::. near the % i ty of Far i bau I t in said County of Rice; ci I l station Ind clepo-t grounds, station houses, r� arc: - kouse; , freight nou (_' ' Cr "IC; i rl hoLiso s,, cEr houses, machine and repiJ .i ! r'' shops, she -d end a l l 01" i tS oth,. it struc'ti -fires of every kind Fuld chai`oct :r, �ccntinued) 6 (Entry No. 74. continued) all telegraph and telephone lines, including all poles, wires and instru- ments which said defendant now owns or in which it has any interest; all road beds; tracks, tunnels, branches, spurs, double tracks, turnouts, switches, sidings, turntables, stringers, rails, ties, etc., now owned by said defendant appu• ta i n i ng to said r a i l ti•,ra, and a l l equipment in connection with said railway all operating lease of said line, grants, easements and leases covering terminals, etc., and all instruments regarding said leases, grants, etc., powers and privileges thereunder; All tracts or parcels of land of said defendant in either of said counties, etc., etc. All interest in lease book 1S7 of Misc., page 5. O I )l Continental and Commercial Trust and Savings iank and Frank H. jones 75• Vs Minneapolis St. Paul, Rochester & Dubucue Electric Tracticn Co. and Charles F. 3raznober as Receiver of Tinnea''DIolis, St. Paul Rochester & Eubuquh Electric Traction Co. Doc. To. MUM Continental and Co--J-ercial Trust and SayinFs Eank and Frank H. jones 76. VS linnea7clis, St. Paul, Rochester &Dubuque Elec:ric Traction Co. and Charles F. Eratnober as Receiver of Linneapolis, St. Paul Rochester & Tubuqui Electric Tracticn Co. Doc. To. 2244277 report of sale for 050,C00.00 be and and receiver in above entitled natter zo turn over to the said Yinneasolis, the pro7erty covered by saia sale and 0 United States District Court District of Einnesota 4th Division #77 in Equity Certified Copy Order Confirming. Sale Dated AuF. 6, 1918 Filed Nov. 13, 194C Book 391 of hisc., Page 533 Ordered that sale for 0350,000-00 made by Howart T. Abbott, DIster in Chancery an July 29, 1918 be, and the same is in all respects confirmed, and the receiver in the above entitled matter is hereby authorized and directed to turn over to the Minneapolis, Northfield and Southern Railway the property covered by said sale and all thereof. United States District Court District of Vinnesota 4th Di7ision To. 77 Equity Cmified Copy Order Confirming Sale Dated Aur. 6, 190' WIK Auk. 2, 1941 Rook 448 of 7isc., Page 2-.':, Ordered that sale under decree conducted by Howard T. Abbott, Wter in Charpry, which occured on July 29, 1918, at which sale the Minneapolis, Northfibid anci. Southern hail= ru1chase6 certain. yropen7 fully a&cPibdd in 04; same is in all respects confir7ed is hereby authorized and di2ectW Northfield and Southern Railwp,- all thereof. Secretary of State (Sea!) Certificate of Authority 77. to Dated Oct. 7, 1935 .;hom it concerns Filed Oct. 9, 1935 Doc. Q. 7_._ 13273 Book 37C of 11isc. , Page 134 That 7inneapolis, Torohfield Southern Railway whose corporate name in 7inneso-a is as ablvo a corporation of the Stata of South Fahona incsr-arat2d on the 21st day of Aunn, 1918 with perpetual existence therefr&, ard whicn naintsins a reTfstayd office in the S tat: ,, of :annesota ai �o- 730 Hennerin Wan= in the Clzy of :2nneapolis Covn�-,.- of Hannewin has been duly co7jiicd with the provisions of the :Innescwa Torei-n dor7oration Act, Wyour 2W Laws of Vinnesola for 1935 and K-, authaviiV to Ac h7winoss 4�rnin �Wn all the 7cvers3 ri-hto and yrivilw-o,- and z0 'cu to nZe 100W=6, duties and reworictions which by lav, a7rarvain Qerw�c- 0 0 I Secretary o--c' State Q ea-11) limended Certificate of Authority 78• to Dated June 1-1. l0r5' Thom i- corcerns liled, june 20, 19,56 Doc. 1,0. 3CI_')IC92 hook 7.1j. of ---.isc., Pa7e 4 That- -n� -,)olis arCl hat- 1.,'in ca- Souther. a 1 -1 7.,., a. vhose cor-,Gr�-_t-e name in I.-i-nesota is 'inneappolis, '`T 0 Southern 'ail',jay a cor7,oratlior o-� the State of -outh J,-,,-ne 1�11 existence Llal�ot- a incoi—orated 21r, d av c t Ghle-refro-, and vhic- --aLta-,ns a re-i e­--�d of"ice in Sta-2 o" 170 "elson in the 'itv of a t - - Ave., 2,­,ent, -nne-�)in, a s co"- 'iii ed with t-- -oro-vi sions o- annen'�O.L' S 01-1, 1 of ---in-esota 1-"oreigm Coroo_-a-� lon �'.ct-, fhan­­ 2&'_�, Lai­s of '.'in-eso'6a 4 f o r 1 "',3 5) a n rd .._s a,, I t c, i J. led to .`,.0 b,, s —es s he7.'ei l t all the ..ers, ­ r_L 4 I .-Ls a-d r_,rivi'j e subi6c- to -h -:'_ e limitations, duties and.restri�- C, ara 0 ions bv 'La,,-.- m^-c.,ertair_ theratc. I" 411 • Howard S. Abbott, Receivers Deed Master in Chancery, Dated Aug. 6, 1918 C. E. Warner, Receiver Filed Dec. 24, 1923, 12 M 79. to Roo`: 1036 of Deeds, Pape 275. Minneapolis, Northfield Whereas, the Minneapolis, St. Paul and Southern Railway. Rochester and Dubuque Electric Doc. `o. iIS9433 Traction Company, for the purpose authorized by its articles of incorporation, executed and deliverer' to the Continental and Commercial Trust and Saviros Rank and Frank M. .tones, Trustees, a certain mortgaoe or deed of trust dated Jan. 1, 1915, to secure an issue of its bonds to the apnrenate amount of 81,000,000-00 of which amount was issued in accordance with the terms of said trust deed: and Whereas, said Minneapolis, St. Paul, Rochester and Dubuque Electric Traction Company, havincq wade default in the payment of the interest, which became due on the bcrd secured by said mortgage or deed of trust, such proceedings were had in a certain cause in equity tending in the United States District Court for the D i str• i ct of K i nnesota, 4th Division, wherein the Continental Trust and Savings Bank and Frank H. Jones were comp. l a i nents and the l i nneapo l i s, St. Paul, Rochester and Dubuque Electric Tract ion Company and others were defendants, that a certain decree of foreclosure sale was, on Dec. 22, 1916, duly entered in said Court and said cause, wherein and whereby it was adjudged and decreed that the mortnaged premises, properties, rights, privileges and franchises should he sold as provided in said decree and the suPP l e ment6 l orders made and entered in said cause on the 2Sth day of Sept. 1 9 1 j, and the i 9th day of Jay, 191S, and Whereas, in said cause Pending in the District Court of the United States, for the District. of 'Minnesota, 4th Division, a receiver of ail the properties, r i ohts, pr i v i l eyes and franchises of the `' i nreapo l i s,, St.. Paul, Rochester and D "buque Electric Traction Company was appointed, and said receiver entered into possession of sa i ci premises, and Whereas Howard S. Abbott, one of the ist parties hereto was, in and by the decrees of the District Court, of the United States for the District of Minnesota, firth D i v i s i o n , entered as aforesaid, appointed Master to make and conduct the sale of said mortgaaed premises, and jo i nt l v with the receiver of said defendant, Minneapolis, St. Paul, Rochester a r,d Dubuque Electric T ra ct i or Company, to execute and deliver deeds of conveyance and bills of sale of the properties to be sold to the purchaser thereof upon the entry of ca decree co i i 7 i nq such sale thereof= and upon paymen? in settlement of the purchase price hid, as in the decree and suop l e ^Manta l orders in said proceed i nos ppov i ded, and Whereas, Howard S, Abbott, one of the I st parties hereto, ill Pursuance of said decree and said supplemental order of Sept. V 1917 at the front door of the courthouse of Honn pin C oonty, in the City of M i nneapo f i s, Hennepin County, and State of K ; rireso La, on Tuesday, Dec, K, 107, did duly oe l l at puhlic auction to C. T. Jaffroy, A, H. Jackson and R. R. y0rchonl;, as a co'.oi ttve for the holders, of- the collateral notes necured by the fiord for 1 , 00:', 000.00, that portion of the l i ne of ;'era i 14 dy of the 4 i nr t 1po i i s, St. P arr I , Rochester and il•u'huque Electric ! ract i on ComDany, exte n i nq From Auto Junction to Luce I- i ne Junction, without equipment for the sum of $100,000.00; .`.lid e`C5'; n i tee keinn the h i Vecst and best K , K r said sale; Cu E not" C"-E' O f t 5c t inn 00A oiace of ;S i i sole Kav i nn been given pur f°i!'nt; to s a i d decree and order o f Scaf. 20j, 1 0 1 I and c ccor i i nc, to law, and said :1vcpc e and : : ;!! I a ?"dur hav „' i' a F')f. "en romp l i ed LI (No. 79rontinued) with in a1i Ahinps re1atino to said sale; there being no bids for the other properties of sa i j Minneapolis, St . Paul, Rochester and Dubuque Electric Traction Company, offered for sale at said time; and Whereas, on the 18th day of December, 1917, Howard S. Abhot , one of the I st parties, Master as aforesaid, d i d duly make and f i l e h i s report of said sale to said court, which said report and the sale therein reported, upon due notice of all parties, w6s, by decree of said court, duly confirmed on July 19, 1918, and whereas an ass i gnment of a l l the r i qh As of said committee was made and Piled herein on July 19, INS to Plinneapolis, rorth-iield and Southern Railway and the order confirming said sale of Dec. 181 1917' confirmed said ass i nnme nt and directed said Howard S. Abbott as Master to execute and deliver to said K i nneapo l i s, Northfield and Southern Railway as successor to C. T. Affray, A. H. Jackson and R- I- ``tarcha n L as such committee, the bidders of said sale, a deeC2 Convey I nq to the said Vinneapoiic, Northfield and Southern Railway, the property covered by the bid at said sale, with the pr i v i I eves therein provided for; and Whereas on July 19, 1918, a supplemental order was entered in so i d cause to make a sale of the premises and properties in said decree of Dec, 22F 190, b, not there i nbefore sold, d :e or ai?.�. said i.ioUlc:r (3:1�-!, -(-,, ore � the T.`. -+ t parties, tti'chs appointed Master to make and conduct the spa e of said mortgaged premises, as provided ;n said order of u ! y 19, 1'? 1 " and execute and deliver 1 1 i• ' e 5 l., '. deeds c;= cc?n•��e;'� +r,:�c� r ?�' ��hc >rc��.y._rf:ie5 -ca sold-to the purchaser thereov upon Ke entry of a decree conf i rig i np said sale thereof, and u-'on i ay;:Y£.n! in r'V i£.nont; of the purchase price bid, as in the decree and su p i pcnta l orders in said proceed i nqs provided; c.'tnd Whereas, sa i;. Howard S. ikha tit one of the parties hereto, in ;pursuance of said supp l eventa l order of July 19, 191S, at the front door of the courthouse of Hennepin County, in the City of ''', i nneapo l i s, Hennepin County and State of 'i i nnesota, did on the 29th day of July 1 9 I ';; du i y se ; l for J { o 400- 00, at public auction, to the Minneapolis, irorthf i e l d and So" Oer"n Railway, ? nd parties hepc i:o, the h i ghcst and best bidder at sa i j sale for the ppopert i es at that time offered for sa l v ,and sold, "nd in said supplemental order of July 19, 1913, spec i i cc. l I y went i _)red, described and directed to be sold, Clue notice of the 040 anj " 1 c` co of such `;a 1 f'. having been given P un uo nt to void decree and Orders, and accord i no to law, and said deproe and .supp i e'1'art:h i ordcrs h<_iv i np been complied 4•: I tl -i in a l l "t:h i nQs 00 + C: W i1cx to soid sole; and 1 ihcreos, on July 29, 19001 the so i d Kowonj S. AboAt, one of the I:mot parties Inster^ as � r e t 1 , i3 r 9 Sd R':] d d du V 'n0 A end file l e his report o i� said d 6 l e to so i d court i r, r r € court, wth i C, said report and d t h e sole therein reported, 1 , a ;or?. due?: notice to a l l Parties, were by decree o f said court, dated Aun. 6, 1 1 `, duly confirmed; and t yere a : , in said t men t i on ed order coi f i rm i rn sa i f r Hotiard S. � o �^ ' ca 1 e i Y I 1 a rd 0„ E. Warner, �r i•e'.ce i ver of said Ainata'oo )i in, St. Paul, Rachestcr card Dubuque Electric Traction o Z.Cf„?p any, as i C _ s i verr , l 5t parties were ordeved and O recce 'i to s i pn s _ , 3 : h t and , : l a 4 v e r deed or deeds C f conveyance a "' b i l l of S : to said nr ;? i n, j(" t h f i d and Soutbern An i ! way 20 part',' hereto, purnh t ;; r as cY i.C".i i. �<"i j d, c nve i no i ' - t .-a r all �: e n d s i n g u l a r the Properties, ertiec, r i h privileges no 't + e s oF said Minneapolis, St Paul, R eC- r nnd O;)i+ue c u i t r a t' n Company, upon bo i .rp amid Go full su% of ' f , ,.' +. . t PAPrews, The i'' rt r ._ . l + �.,5i "�_+fi ik. C+ rlih�.� �,.?. ?i:ll`rl r.<3f t,, ,�:i �' �eP'C'f'.l7 has Ir1 all �E ,' ed yCa, /i iC:r.. of ,-.id Acpts of ie'. ?`ot'l<', tr ".. .,i+if 5: 1::!E', Ind with the supolyionfA a Ar,. 1, I _ i /" and _!tt i 10, 1913, i ' F • (NO .79 cone i nued ) Therefore, This Indenture W i tnesseth : That the said Howard S. Abbott, Master as aforesaid, and C. E. Warner, Deceiver as aforesaid, Ist parties, in order to carry into effect the sales made by said Howard S. Abbott aforesaid to the 2nd party in ;pursuance of the aforesaid decree of Dec. 2u', 1916 and the supplemental orders of Sept. 29, 1917, and July 19, 1918, and in conformity to law, and in consideration of the premises and of the sums so as aforesaid by the 2nd party paid, the receipt whereof is hereby acknowledged, has granted, bare a i ned, sold, a ss i goed, a l i ered, released, conveyed and confirmed, and by these presents doth nrant, bargain, sell, assign, ,a i i cn, release, convey and conf i r7 unto the `.1 i nneabo I i s, Northfield and Southern Railway, 2nd party hereto, and its successors and ass i qns, forever, a l l that line o-i= railway of the defendant, M i nneajo l i s, St. Paul, Rochester and Duf,uquo Electric Traction Company, now owned or opepated by it running from its terminals in the City of V i nneapo l i s, Hennepin County, `l i nnesota, through the- counties of Annep i n, Dakota and Rice in said State of i nnesots, to its terminals in the City of Northfield in said County of Rice; all branches, additions and extensions fron or to its said line, and all tf rn i na 1 nropert i e s wh 4 ch it now owns or in which it has any interest; all rights of way, including its right of way extending generally in a southerly direction from said city of Northfield to a point near the city of Far i bou l t , in said county of R i c e ; a l l stations and de' ?Ot qr" sun6o, . station houses, warehouses, fre i pht 1aOLi.3k?s, e'sr';n 6 rn ':UU`rye£:; CuS "'' i';i"+v'.se:i, ''.. ^aCil ? t:., c:lij ropci t r SIIOpS, SI'1C:dS and Al l of its other structures of every k i n d and character; a l l to I enraph and telephone l i ryes, i nc l ud i nq all poles, wires and S nstrume"s which said defendant now owns or in which it has any interest; a l l road beds, tacks; tunnels, branches, spurs, double tracks, turnouts, switches, sidinqs, turntables, stringers, raii5, ties and all other similar appliances and equipment of every kind now owned by said deferdant and in any way now or hereafter used in connect i or, with or Gppert i i r . i nq unto i t s said l i n e of railway; a l l engines, tenders, motors, cars, and other ro 1 l i np stock and equipment, . except as Provided in s a i d supp l em entea i order of J u l y 1 9 , 190; a l l furniture, machinery, tools, impleacrts, materials and supplies of every kind and character no w owned by the Minneapolis, St. Paul, Rochester and Dubupue Electric Traction Company and in any way now or hereafter used in cor.r.ection with or appertainirn unto its said ( i r . e of ra i la.'ay; a l l operat i nq leases of line now owned by it, if any, and a l l nran`:s, easements and leases cover i nq terminals and terminal facilities, and a l l interest which it may have as vendee or otherwise under any contracts for equipment ?or r i ghts of way, or for tern i na l s op other purl` ones; and a l l i nstrt_im ekts perto i n i nq to such l erses, qr anl:s, vaSi„' cnf s, interests oiled C'orat;rtiaC'i;s, and a l l !'" i Cto1 t S thereunder or under any thereof; all powers, Privileges .:inn franchises of every k i n d and character now owned or possos sed by i t ; a l l tracts, or parcels OF land or any interest therein s i t:u.ated in any or either Of the count i C s above nAne& or elsewhere, which the said l i nneapo l i s, St. Paul, Rochaster and Qkuque Electric i racy i on Co apany now owns or in wh i Ch it K a i any interest; and a l l property, real, persona i or mimed, or said dofcrjont, 4 i nnC'ane l i :s; St. Pool, Rocht.st"r and Dubuou(z l ' _ l eckr i s i pci*,`."d: i on C o" ipar1y, togi c":hoi` w i tk a i l and i i nou l ar the here'd i faments and a� pr�r ,cy.n�.rc � "-.krr untc_. hn i once i sari or in anywise a1. nerfa i n i nn ` i"I e IOWA A p L robv ;`t ?rv(±yed are fu i l y O nco i kej in an I, 0 (No 79 continued) Ll Exhibit hereko attached marked Exhibit A, containing 16 panes of typewritten matter. To have and to hold, all and singular, the above mentioned and described properties, rinhts, privilePes, franchises and estate, whether real, personal or mixed, and wheresoever situated, unto the said 2nd party, i tS successors or ass i c ns, forever. object, however, to all of the conditions and reservations of said decree of sale, said supplemental orders and said orders conf i :^►a i ng said sa le entered in the District Court of the United States in and for the District of Minnesota, 4th Division. Revenue Stamps 522$.00 Requiarly witnessed (two witnesses) Acknowledged Oct. 9, 1918 by Howard S. Abbott:, Piaster in Chancery, bef,-)re Harlan P, Roberts, Notary Public ONotar is l Seal) Flenneo i n County, Minnesota. Comm i ss i on expires ',Iav_ 2, 1 920. Acknowledged Oct. 9, 1913, by C. E. !'!arner, Receiver, before Hai-Ian P. Roberts, 'I "otary Public (Notarial Seal) Hennepin County. +i i nneseta . Commission expires `gay 2, 1920. Exhibit A Description of lands conveyed by Deed of Howard S. Abbott, Master in Chancery to Minneapolis, Northfield and Southern Railway dated Aug. 18, 1919. The following lands in Hennepin County: Lots 11 to 22 inclusive, Block 2, Grand View Heights, Hennepin County; 80 foot right of way through part of Government Lot 8, Section 28, Township 117, Range 21, lying North of Public Road; 66 foot right of way through Government Lot 8, Section 28, Township 117, Range 21. (Other properties not in question not shown.) 0 0 Minneapolis, Northfield Trust Deed and Southern Railway Dated Sept. I, 1926 80. to Filed Sept. 23, 1926 The M! ' nnesota Loan and Book 1:x.67 of Mtqu., page 226 Trust Company, Trustees Consideration: $1.00, etc. & Premises Uoc, 'to. 1376756 To secure bonds aggregating $750,o0o.00 Last bond maturirra Sir:„.t . 11 1941 6% semi. The main line of railroad owned and operated by the Company extending from a point at or near the shops of the Company known as Luce Line Junction, Hennepin County, Minnesota, to the City of Northfield in Rice County, Minnesota, a distance of 41.868 miles and a branch line of railroad owned and operated by the Company extending from a junction with its main line at a point known as Auto Club, Hennepin Co., Minn., to the intersection of Sixtieth Street and Nicollet Avenue in the City of Minneapolis, 'r°linnesota, a distance of 9.361 rni 1 es, together with a l l the appurtenances of the above described line of railroad, including. all telegraph and telephone lines, poles, wire; and instruments, -a11 rights -of -way, station and depot grounds, all tunnels, road beds, spurs, etc., hereafter owned by the railway Company appurtenant to any of said dines of railway, and all tolls, revenues, earnings, income, rents,, issues and profits of the Railway Company and al! the estate, right, -ti.tle, interest, property, possession, clam or demand what -so -ever, as well in law as in equity of the Company in or the said lines of rail- way and every part and parcel thereof, together With the appurtenances and franchises now or Fereafter appertaining thareto. All the right, i it le and interest of the Company under and pus s-uant, to the following described contracts. I. A certtain contract dated Sept. 28, 1923, between Electric Short Line Tt: omi -ina l C(.)mpany and hlinneapo l :is, North-Field and Southern Railway regardinq tha Joint. Use oaf the entire terminal properties of said Electric Short Line Terminal Company from the passenger station I oca-Ced on the premises hereinabove described as parcel No. 111, extending in a general westerly c,"Lrection to a junction with the main line of the Company at Luce Line Junction, Hennepin Co., Minn., a distance of 3.06 Liles, the to -m of which contract is 15 years from the crate thereof=. 2. A certain contract dated July 17, 10,21, between Chicago Great V%!estern R, ?1, 1 rpoad Company and Minneapolis, Northfield and Southern R ai i way regarding the joint use of the railroad facilities of said C11.i_cago great lYc�;tern liaiiro�-id Company betti,�eun Northfield and Far`ibault. l,lir:n . ; a distance: of 1 1 .3 r?ai I es, the term of which contract is 2 yeas;.,, subJec:t to cancF 1 I ation by either party at the expiration of any 5 year period. A I GAo a supra I erienta I agreement regarding the joint use of Berg's Spur l ocat-ed cjbout I r 1. l e south of Nor th f'ie l d, %Iinn . , dated Nov. If 1921 , and reneged fo," all indeterminate term under date of July 11 1926. 3. A cortain contract dated January 17, 1925, between Chicago Great cGstorn Raj. I road Company and Hinneapo I is, North Fie I d and Southern R a I Lay re�lardirrq the joint use of the rai i road i'ac:i 1 w ties of said Chicago Great 1,Eost e'rn Railroad Coilipany from Faribau It 1.-c7 Mankato, Minn,, a distance of 46.9 miles, ;:hu term of which, cona.ract is frow year to ye ir. 4. t1 certain contr°cic'L d':.t'ed Se:p"�. 23, 1t "Ir C3 ;'t6'!C<ar4 Chicago, G@'i?c37 I' a l road CUm:'pany c' nd 1,1lr neapo (is, and Southern Rr-ai I way, regardi.nq thrt joint iise of the r »jai l road =aci l ities of the �,es r r, =;wee Northfield and LandoI lr C, ca itc.G ti.c a. F'r`Xl r�c� 1 Y "x�ad 011i�.�il y F� r Minn., a distant -e of J.(' 4}lies, Igor on period. (CCrrat.l.rlrl0(1 0 (Entry No. 80. continued) • All the following described tracts or parcels of real estate situated in Hennepin County, Minnesota, to -wit: An undivided 1 % 2 of Block 4., Camp & %Va 1 ker's Addition to Minneapolis. The East 330 feet of the south 19 acres of the Southwest 1/4 of the Southwest 1/4 of Section 22, Township 28, Lange 24, containing 4.75 acres; also beginning at a point on the south line of the Northeast 1/4 of the Southwest i/4 of th,i� Southwest 1/4 of Section 22, Township 28, mange 24, distant 331.6 feet '4est of the Southeast corner of said IJor•theast IM of Southwest 1 ,/4 of Southwest 1/4 of said Section 22; thence South 30 feet, more or icss, to a point on North line of South 19 acres of Southwest ./4 of Southwest 1/4 of said Section 22; thence East along the said North line of said South 19 acres, 166 feet; thence North 30 feet, more or less, to South line of Northeast 1/4 of Southwest 1/4 of Southwest 1/4, of Section 22; thence ,`Jest along said 1 i ne 166 feet- to point of beginning, containing 1/8 of an acre, more or less. A tract of land in Government Lot 8, Section 281 Township 117, Range 21, described as follows, to -wit: Beginning at a point on North line of said Government Lot 8, 582 feet East of Northwest corner of said Govern- ment Lot. 8; thence Easterly aIong said north line of said Lot, a distance of 348 feet to center of Eden Prairie Road; thence Southwesterly along center of said Eden Prairie Road to point of intersection with East boundary of the Railroad right -of -way as laid out and travelled across said Government Lot 8; thence Northerly along said Boundary line of Ra i I road r i ght -of -way -to po i nt of beg i nib i ng; so i d tract of i and comps i s i nip a I I of ichat part of so i d Government Lot 3 1 yi no East of 2a i I road r i ,ni;t - of-way and North of Eden Prairie road and containing 0.5 of an acre, more or Less. Commencing at Northeast corner of Southeast i/4 of Section 8, Township 117, Range 21; thence South 418 feet to point of beginning; thence from said point of beg i nn i nca :`south 232.4 feet, more or I e ss, to North I i ne of Park f:ianor; thence - rester i y a I on1p North 1 i ne of Park Manor, 99"'. feet, more or less, to East line of the Bronx; thence Northerly along the East I i n of the Bronx 649.3 feet, more or I ess, to North I i ne of said Southeast I14 of Section 8, said Township and Range; thence East- 573.5 feet, more or less, to a point measured Viestorly 418 feet from Northeast corner of said Southeast 1 /4; thence South 418 feet; thence Easterly 418 feat, more or less, to point of beginning; containing by adiilGclaV.1`'eiilent 10.5 acres, more or less. Subject, howeveill to the right ill the owner* of Northeast 4 acres of said Southeast 114. of passing to and fro over Northerly 60 feet of- that portion lying West of Northeast 4 acres of said Southeast 1 14, such right of passage to exist untii a public street-, highway or other, means of access to said Northeast 4 acres is provided. Together with ark easement and right-of-way 50 feat in width over and across Northeast 4 acres of Southeast 1/4 of Section "S. Township 117, Range 21, upon which to locate, construct, maintain and operate such track or tr;?ces as sha i 1 be necessary in the judgment of the Chief Engineer of the Company to gain access to that part of the Gravel Pit 1 yi nj Vilest of Northeast 4 acres of Southeast 1 1 ° � � � 4 of Section .�, Townsi ") i p 1 1 7, I'ange 21 , sucl"k r i gint -of -way to vrnry, in location from v i me to time as it becomes necessary to move such track or tracks to so gain access to said �ravz2 i pit _;end such easement for ra i Iroad right -of -way shall exist as Iona as said grantee- maintairs track or tracks, to the r ^aid gravel pit ror tht ptrk�pese of rcmov i ng g~>vive ! therefrom. (cone i oue.d) (No. 80. Continued) A I so an easement for rah. I road right -of -way porpAua I I y 50 feet; in width, tke cen Gr I -i "e of which to run Easterly and Westerly across center of Northeast 4 acoes of Southeast 1/4 of Section 8, Township 117, Range 21. Commencing at Northwest corner of Government Lot:. 6, Suction 9, Town- ship 117, Binge 21; thence South along West line of said Section 9, a i.ii:ii..c'?.1'a(::f.? of t ✓:)t, . 6 feet to a po`l.r'E't'. on North Il U:?e S3 I- Park Manor; thence Cast along North line � `ti °� ; 35 e ._ :�c��.ci 1-ar�l: r�.,or' a distance of i5 ".5� feet; thence North 616.7 feet to East and West quarter line of said Section; thence West a lor;c salr_i quarter ling: a distance of 1580.7 feet to place of beginning, except „ strip of land 30 feet wide: lying parallel and adjacent 4o South line o above described tract, said pa ce i of land ce;r:tain__r:g 21,933 .9,> acres, morn on less, excepting, however, from the A forgo X:!''i?L'k t haO porti on thereof described as follows, to-wit: All that 'papt of Go\'erntoen"i: Lo'.',c 5) and 6 in Section 9, Township 1 1 7, R e "ge 21 which lies East: of a line that is !00 feet East of center Northfield of Railroad track as constructed :ail i', 2 3, connecting the said Minneepo l is and Southern Railway Ra il wa i p:r . y with the 1 n line of the G rc t Northern Ra elc ay CoIpa I, and 4a F or Last line of that p rt of above mentioned Lot 5, now owned by said Minneapolis, Northfield and Southern Railway Ooi`lpan V which is a 1 '. ne S ra l i e i .•J1th urd 15S5 j`-•M more or less, East of 1ry1e: *st line of Lot 6, in said Township and Rcii'ge and hounded South by 27th .sweet and the extension thereof as laid out and platted in Park Manor. Lots 80 to 10 bo h inn l us ve, 1 0?, 106F 155, 156, 6, }3 to 1 61 , both inclusive, in Glenwood, subject Owever to following limitations: That lots (0, 1030 106, 155, 4'�4 nd l 56, shall not LSE :improved at any time with a d€ e l l :lnq of less than 4 rooms, shingled roof-, drop siding, painted and plastered, or of boick, cement or stone, and shall never be occupied by a colored person or for any immoral use. That Lots 153 to 1 61 , both inclusive, sha l I never be occupied by a colored person or for any immoral use. That Lots 83 to 103 and Borth 1,12 of Lot 100 are subject to controct by the company to grant to the Village of Golden Valley a right -of- way for street ,purposes. Too tracts of land situot.ed in Southwest 1/4 of Northeast 1/4 of Section 19, Township 29, Range 24. Said above 40 acre tract hereinafter refer "ed to as said 40 acre: tract, for purpose of the Following description is assumed to be a due Forth and South lion, I .st= tract. Being a i l that par L of above descrii=cd 40 acre tract that lies South of ;;auih O r e of South line o r right-of-way of the Minneapolis, Northfield and Southern Railway, 4tel "i.l.Cia ,',cf.i.t:l r'iCZI';"Of °Ws? S -:'sE"'�321r� y was the right-of-way o F the Minneapolis, Paul, Rochester l;' i;i7i.7i,lC`ue Electric Traction C:c:;tparFy. i ) acre r "c =Ct': Two, k, )„:5;.�.;': �i.r't.`� c:;`� "..t ' ?s.� "i_ri��` C3r�1 East 1li�a:. Cf !, s�iJ_ff i�r�t • "1 >•. ,e tract, 343 feet Nornk of SputhcaU corne" of said 40 acre tract which is also oa :>oint:, cn bc.ut,,e x y line of right.. -a F -way of Minnesota Westenn Railroad t,.( %'':,,' rtar which said f .;.E:if1L ...(?; wcl y was 9o."`mG'k`ly the right-of-way of the Electric Short Line , a l way Coi, pony, said right-of-way l in,,z. being a line p app l l e l with rti" d 1. }0 t"2^.et; Southerly F'em '`!:ev OF „Q'. Main in Tract_ of ril:tF3ve named, Ral l r'C od Comp ny; thence Westerly cur.. ing to t:IFC.', Ncpt h re • C72" g said 1"iglid: -Of Way live and parallel with ...., id ,� aio 1• 0 (No. 80. Continued) 0 Track along the circumference of a circle the radius of which is 2060 feet to a point which is on a line parallel with and 455 feet 1Vest of East line of said 40 acre tract and said point being also 3L3 feet North o-F South line of said 40 acre tract; thence South 378 feet to North line oi= ric,ht -of -way of the said I'linneapoiis, Northfield and Southern Railway, which said ri.gl;t -o l= -way was formerly the right-of- way of the Minneapolis, St. Paul, Rochester & Dubuque Electric Traction Company; thence Northeasterly along said right -of-way line 594 feet to East line of said 40 acre tract; thence North 19.5 feet to place of beginning. Also including rolling stock and equipment now owned by the Company, etc., as stipulated.. Any and all lines of railway, extensions and branches, telegraph and telephone tines; including the frnrchises appurtenant thereto, and any and a l l terminal properties, depots, ships, machinery, tools, rolling stock and other equipment-, and any and all Fonds, stocks, and other property of every kind and description, and any ar.d all real or personal property, and a i I Ieases., joint, facility and other track - age con- "races, rights and privileges and amendments, renewals and extensions thereof, and any and all property of ;ny name or nature whatsoever, real or persona I , tangible or intangi.b I e, which ?.s now owned or may hereafter be acquired by the Company. G 0 J. F. T. O'Connor Treasury Department, .Office of Comptroller of the the Comptroller of the Currency Currency Certified Copy of Certificate (Seal of- Currency Bureau, Dated Jan. 2, 1 -934 Treasury Department) Filed Jan. 24, 1934; 2:50 P.m. 81. To Hook 322 of i.iisc., page 361 The Public Certifies that The Ilorth v:restern Doc. No. 1744223 National_ Bank of 11inneapolis and The I',ii.nnesota Loan and Trust Company have been consolidated under the Charter o�' The North v'Iestern rat Tonal Bank of Plirneapolis and under the corporate title of `' tc>r�f t.wester n Rational Bank and ''rust Commpany of 1 inneapolis" with c api , _- ;_ stock of Five Mli ll ion Dollars (,75 , 000, 000) and that the co nsoliciati-on is herwby approvod. Elmer A. Benson, Certificate of Consolidation Commissioner of Banks, Dated Jan. 25, 1934 State ofi.nlesota (seal) Filed Jan. 26 9 1934) 1:30 p.m. 82. To Hook 319 of Misc., page 587 The Public Certifies that he has examined a Doc. No. 1744392 certain consolidation agreement date -,d the 2;'t1 day of September 1.933 made by and between The It i:'nasota Loan and 7- ist Cor:ipany, a �s Mirnesota corporation and The Northwestern National Bank of I,Iinneapolis, Minn., a national banking association, entered into, for the purpose of consolidatin; said two corporations oursuantt, to an act of Congr .ss entitled "Ir, act to provide for the consolidation of national 'hanking associations" appr°o,red November. 7, 1918, as amended Feb. 25, 1927 an'd dune 15, 1.933, �,rhich consolidation agreement was duly appro,red at rre.etinI;s of the share- holdera of the respective corporations; that proof has been si 'brritfted to h:im, -that t1le Corrcptro_Iier of the Currency or, January 2, 19349 issued his official certificate, certifying that The Minnesota Loan and Trust Company and The Northwestern National Bank of MInr apolis, I'Iinn., have been consolidated under the corporate title of Northorestern National Bank and Trust Company o-`' 1.1inneapoli.s with a capital stock of five million dollar- and that the; consolidation haS been approved. by the Comptroller of the Currency. Further certifies that The Minnesota Loan and Trust Company has now become consolidated with The Northwestern "National Bank of I�Iinneapori.s Minn., under the name and corporate title of iorthwesrern Fational Bank and Trust Company of Minn,= ;zrpolis and that pursuant to Chapter 348, Minnesota Session Lars of 1931, its corporate existence as a trust company is merged into that of the consolidated banking cor- poration to the same extent and with the same ef:'ect provided in Section 7699 -9, 1- :asorr's Minnesota Statutes of 192'7, relating to the consolidation of t%,io or snore state banks or trust companies under the provisions of Chapter 155, Minnesota Session Lali.s of 1U25. 9 Minneapolis, Jorthfield and Southcrn Railway (Sout�, Corporation) 83. to Northwestern National %V� and Truct 30pany of Minneapolis (United Kauos of america Association) Vustee Doc. No. 2102064 0 Extension of Trust Deed recorded in Bcok 14&-7 of NtSs., page 226 Mo no. 80 ) Dated Jun3 1, 10'1 Filed Aug. 14, 194). Book 2063 of ntZs,, page 291 Upha-.,-�i Treasury Department Office of Actin& Comptryller of Comptroller of the Curren2y the Currency (Sea!) Certified Copy Certificate 80 to Dated Jan. 12, 1943 Whom it Concerns Filed Jan. 27, 1943 hoc� No, 2172176 Book 422 of Eisc., pale 321 1hereas, satisfac�wry notice ha3 been transmitted to the Comptroller of the Currency to the affect that all requisite, legal and corworate action has been •aken by "Nortbwastern National Bank and hust Com-nn.- 'of ..inneapolis".-, in accordance with the applicable proviHcns the bankinn laws of the United States. to authorizs a c'am'e of Ka title of -chat Association to "Nor thvosVern National Sank of �irnsapalis.'i Now therefore, it is hereby ccrtified, That such change of title is hervIo authorized to ba effective Jan. 12, 1943<. Northwestern National HE-, of Kin nsainlis, as Trustee I (Corporate VaQ aq to Yinncapolis, Northficld and Southern Railwa Doc: v Do. No. 2276176 Minneapolis, Northfield and Southern Railway (South Dakota Spp ooration) korporALe 0 a a i) 86. to Midland Nalional Bank and Trust Gonpany of Minneapoii,':� (a National banhin,,, association under the of tha United Vans of America) Qorporatc Sea!) Doc. No. 2276177 Satisfaction of Trust 0=1 recorded in Book 1067 of nrgs. page 226 (Sce 80 ) Supplemental Trust Decd recorded in Bock 206", of Ktgs., page 291 kne Uo. Dated Mar. 1, 00 Filed Lar. 2, 10"P5 Book 2221 of ntgs., page 97 (Above mortgaga also filed in other Kunties, and as Chattel. Mortgage in Honnspin County and VI other counties, Mortgage Dated Ear. 1, 190 Filed la r. 2, 1945 Book 2201 of Ku7n., is 557 To secure 0300,000,1i1'.' 0 [L] Exhibit A C. B. Upham, Certificate Acting Comptroller of Dated Lar. 1, 1946 the Currency (Soal) Filed Isar. 2, 1946 87. to Book 1;.69 of Eisc,, page 180 Whom It Concerns Certifies that KanZc of title Doe. No. 2348700 of "Midland Raticnal Bank and Trust Company of Minneapolis" to Midland National Dank of Minneapolis" is hereby authorizcd to be affective Var. 1, 1946. C. W. Aurand Affidavit 88., to Dated Ear. 1 1906 • ihom It Concerns Filed Ear. 2: 1946 Doc. No. 2348700 Book 469 of Lisc,, page 180 C. W. Aprand beinZ first duty sworn says that he is a Vice Presidont of TAdiand Fational an Minneapolis, a national bankin--' associaticn organized and existing under the banking laws of the United States; that the former name or title of this association was "Midland National Bank and Trust Company of Minneapolis"; that such name has been duly chanSed by approppiate action of its shareholders an& approval Of the Comptroller of the Currency of the United States to "Aidlak National Bank of Einneapolis"; that this change of name becanc offective as of this first day of Ear. 1946; that the a ,tact ed photostatic copy marked Exhibit A is a Lrue copy of an oriEinal certificate of charge of corperato title issued by the Office of the Comptroller of the Currenvy on Feb. 21, 1946 to tha associaticn and now-In the possession of the association; and that idland National Bank of Minneapolis is the samo national banking association hat was formerly named Midland Mational Bank and Trust Company of Linnsapolis. Midland National Bank of Satisfaction of Eortgage Minneapolis (Corporate Sea!) recorded in Book 2204 of Htgs., 89. to page 56/ (See 1,,o, 86 Minneapolis, Northfield and Dated Sept. 3, 1906 Southern Railway Filed Sept. 5, 1946 Doc. No. 2393550 Book 2239 of ht9s., Page 109 The COL'?: Ci - � •_ _•• - - 1 � Of' L j "1' he Certi i'iea Cop:, or "•;+;, e ,,.. ;_ of Z'ill<<C: o� :ii::a - the Ord lance of t:_c Z' 11a c 4 90 10 .: Edini:, }`�:I�:�cpi:1 (,fo' - �-:inn 1T CO cr�.,J - D,110.d tr1!.�'i1 i',, 1952 Doc. a,o. 2711,5 85 File d I. S _ ,Jr7.,- l��2 3 %1-5 b , - I' '). 1 , - r. - - - - - • . - _ - X30,.: G:,.� o� 1J_J..., .. %:c �•� � - The Co..nC 1 of L:::c 1'4L1_� - Edina }'c, ac-)ir C- f j do o_ 0, a n a;; PL o 1 a :s: S0Ct or 1. ScCtiG III, pa_•� r,.ap�, (C) of -1.1c zoni I. , 'Jr_Ce of C the Vi 11c:.l-'3 O; �Ci= ic., . .I?ni:c„ „`_n Gau?]- _1 si.Al”' :t i, ss:�Cly�� r j COL' C�_J_" of v J _ = r ^SOcc., 1) il:c -:(1C :1C : ti_; °`:?:�Ci C: t S rC_ZC::';;: .SCC C:: 1Z! ( C;) .` ! 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"_il jlrlii:_. C'fi I 1( �:i f, }; G^ GIl; 0 G. riirc� =1 so C:;'; .? Cl' SLIC.1 Ca:l�'C1ance T: '�� be J X11 C1. Ll 6 The vii", �. Council of the V:ILa�G of .diva CerJ1, 4 ed Copy Ordinance No. 20.. 91.. AdJp�•ed June 8, 1959 1'rh0= 1t Concerns Filed tipril o, 1962 Doc. No. 3340754 Book of . gas c . , page An Crdfr.ance Pr•es^_' ' Pro- cedure For the Approval of Plats, Requiring Pay�;ient of a Fee and Irlpos i o Cther 3equcre >,, ^^ Including the Making Of Necessary Irmprovements in Lands Previou .1y I`rot Platted, The Villa --e Council of the Village of .Sectl;on 1. Edina, = •.innesota Ordains: cling Plats: lee All. plats presented for approval of the Village C1 shall be filed with the Village I•Iana;:er and shall be accc:.pan,ed by pa;1rent of a � ^ �,; charged by �-' ; . p�.a � z.g z �:e �Y.. -ch Shall be tr Qne Vi.: -age for services to be re :der ed by employees of the �-e $25e =- ,-le P oposed plat-. The mount of such fee shall in process: -:. r , „+ �,. be $25.00, plus $1 .CO for each lot in the p?Gt raxir-:u:n fee of X100 00. but not to exceed a .4ai lure of the Council to approve the plat shall, rot e'n'title the Pa son ,•r .o paid the fee to the return of all or any part thereon , provided ho,rever that the payment of such fee be effected only as to plats filed after the date this ordinance becomes* effective._ Section 2. Street and Lot Grades; ? r Every plat of previously unsubdivided. lard korerdeplatoof 1-:hich rewires the dedication of a new street or a chan�epin andexis�i -• i -ng Street, shall no;, only cc-�n y wit � state law and the Zcnir .,h a:�1 applicable pro ;risions of {o Ordinance (.;o. 2c1)+ of the Village, but stall also shover thereon the Srade of all streets , A � t_ and- t'�. I:;ean;r�d�, of Ali© moron t and rear lines of each lot. 1n every plat of subdivided and t0 be C°pV@ O) ; a �- pre:t i ©usly sec lard ; ed _ ed for res4 d_nti al purposes, a p:,. tion of of sLxfic4 ..,, s4ze and cha..rac .er sha�.l be sev aWide and dedicated to the pub! is for public use as parks and playgrounds. Section 3. Report on ?1at. The Vills.=-e I >;al.a ':r and uhf Croru.-.:ission shall ed�a-�1ne ea,h plat and repor� thereon Jn t�r.. it q ng`Ltonthe �; 7 Council as to the follo,, .ng :ratters: (a) the accuracy Of ail measuremen - s and grades shown :hereon, and (b) the suitability of the plat from -he standpo -nt of community planning. In the case of the plats mentioned in SeCtion 2, report shall also be made as to the folio; ring matters: (c) the adequacy of streets and c.•on ~^c..._ity thereof with existing and planned streets and 1 (d) the b :��;ays in surrour :d:�n areas. . suit s.,_,,c;bility of street grades in relation to thv * grades Of' lots and eXa.St :nCD Or future OXtenSiGnS Gf A. b'ill.age S 4Yat @I' and storm and sanitary sewer systems. (e) i..-here dedicat -,c n of such land is required the su ^ f • , of laid dedicated for parka 11�ciency of the P� a eg ' ca play;., fu:�d use,' and the recd: mel�dat�.on Park Boa. a raga cI b such duc._ca ion o� land. (f) the est,.ima t oa cost (includ_ :Zg n i and insDection ex- penses) Of grading, gro'v'elling aria .�erTlallen� ±� S1 :X'C1rig streets, in- necessary, .street szgr.s, and constructing any storm 30wors which yay be necessary, and . () the estimated cost (including engineering and inspect orn ex- penSeS , Of constr i.ic` i san': ttar y se, er s and. 1,ater LaainS i; dvou'" to serve all lots in the plat, provided the c0.r1ection o.L uch S!awerS and water-.-airs to the Village se,•:er and water systems is feasible. h01•;ever, the o�.'ncr of the ,land included in %1"lO plat or in lieu of having- the f � ; •,? ^ , his agant, en Orgy ,0_.,t, �.Oa�S Gst=.mated by the Village,. Inay e:t'�loy at his G3:Ce.25ey u r'chl5uGrG PrOfcssio.nal Engineer to prepare pA, 1 i. :.fnary lar_s �,nd cs t c, ^ r �t.� :s e2 cast of t::c r.G ^.casur.�rZ- jy,; :c'veuu nti3 Ar su:.: it. a v,—. j.tt%n, e; zG report t::eree:' to , T ho a ianag er. Advance notica of the e,..plo ;;:zt of such eng in;;ar ::hall be givan to the villaga 1.:an4nrar upon f iii n? of the plat. ( cant"zIuad ) (No. 91. continued) 0- Sf:Ct X0:2 w. J11M, -on spec"' ed n ce •,rc 1., upon co :?J ,;,ion ne rep y� � � coon ? a, o',re t`:� ., , at ,n,, � OZ t. rCr„ . t'0 tllt7. ( : - G .; '. �•�ir v w Qom, -- .. CO ia•al. { ll.t �,JG�..:• r Tj;� '' , „ be tr3n.,..1 .iiiC'C� b r Ana_ �, �ro-•� Z :�...;;ioned in Sectio 2, (b) rar i ` 7 Y G1 a± plU V s nom. a ap u'f,3� of other .,, or {c) refer the p� = :1a�s, or of z'icers or decartL p a" "+ fur;,her repot to ;;ha apps o r late Village .ends, or . {d) rej ct the ulat. Sect-i_o : ,j. PI��tS G: Vei: :; E?iii��ri�' ti' app. ova. has been give '' o u �z'y ';��o•�al. Ca1iS8 cill trees ut ut, U .. pe SO . .;.;0 _T' ! ? S'� ^^ pwc�% � .L tneZ,Oon to be Com'oleted c ye ^`r.�s rec . red b-r J �__ �epert Of tli fir; , a t }:i3 own expenS0 e- , S o2 glneEr 0„ II oy ; . Sigin '� SUDii1V= 021 �'l: '�� -r 0 ilc :, �-1;� such E. cr�� .a v ee . ,rt arlc 4 �•.��+ .4 , nce thereof. vi1C �e -��. �..�c: 2 on.. �J cS,� : : :e X70 the Plat 41:,d tA,e•Vil, :..�..e ::et:;een e ,arson yv. V S ^ Village, .7 C:....., eC...��� UL . ,Le 1,-.r o �". .• 4, r Pay to _- he J� ±live ,11 _ s _ pia,, c G Cos e-'eo ' - c^.Sc ;SS :eri}.s C): < p �, S M%5 vI! ., ;aa,% —er,- 0� SuOC . al a f'. r;1. L v last pa_r..,c -2:t to be J _ ast, one• -th Ord i n of c.e t hr e ye u_ the r n I U ..7'y .c t+el l :' 'I �e � � 1 � a_ . I t7 t- ,.�. V r � :� t•a Year �:1 �rhic . sL'ecia o. ..:e -.,-;.rd -e p 1 r ? assessments r lev:GC�• Provided, :,a. - " "' 0 SuG:I i�pr C' 2.:C :LS 2r 3 1 .. ,�e;Ter t ha;, t';e 'T; 7 i L , / enVcir nt0 Mr ' aEZe S. t : @.G3;tent .' � dc'` J vL��U%_1 is t vn hereina. :. :` r ; , t,:le .'E �.OJ2r Co @S Ov f i.3-i3 d -,s 'y c, sC _ bc,d or iA t: ' Tr; ;_� ,, a bna r .t_G: ai'1 11 '� T �- n f .. Gv - ... :Cs ha � e. 77•x: ..�5, .a1 f''.y VV pa it -S C0JI•.r�. V1 �t.•i :S L_� :.• _ r. ^Ihy. zu,,.d r,•_ -ch b0, r�...� ... 0.. Ll.•de 3'_i ^;1 SL;^ 1 > C� t .'. 1.1 �eO� c'. C' Se �.. vi I f S* -'?di .bt?G'i �� T 1C �_ r�� J 3 [� s Cl �1. Qe./30 -0: o -iid � . , V S_� . �c3� c�Sv � r » , �n y ^ tll• �r Il.. �1'. i.i.... �1� o S). 1 ^ _ .� �•. L J�.'... F•.l 7',,.c:.t �'"' d m C: a:]:Jr a 1...�.C:7tS '.�..';.` -.'•i, t ''• '` s, t-,1GV --hall be, -r�apd oY'1 r a; art. �, J:! Z:1^iv`i.'.'c�.'s�Sw``{ C� ti- !a tC S:;Ch 10v ;� e �.= county ,�,rGCxS'.1X'P� of :it n` v��, .Cl n �.1� 1.0 : 1 e «.ug8 iilld 7,' a Ourlt The bond �le�`e�;, ,a�,,, CQL ptJ ='cam ti on c CC Shall bt. 1V:''? by the on gyp, rc'red by t e Ce::c1.J a ar:oun:. of all cost as in ;, he f1Lti div sion f.; y y Y�(1 Y o� ire i::cr•o�, e en,�s spac_f� a ; J-I . : 1 c i a 1 Y• 1, A Ci S V4 V •� or at ag o� 1 4i d In cash by � :�e d e ► o;�c�r 'cefara the seGL '1 :t �0oti,er� a"' : :M'i �.t3 s ?.1ch c.�reem,ent,; c;,� 5. ^a! I. �•.�, ^ �. °�aed Spec- ^ ��; c :� u�,. t'-- e U8 j': e21i: Of all such cc StS :i� � � VCn iC , JJ_ed �..n such C -ree_, p �..lIi px'uJ_i Iec:t •0I1c76. t c�ICA, ;�'ar0^a'�:C.ot f. Plat. ?'Tnen a -1 at has been �i $;' oti 4w b•r ...E council azrid t a ='e .,_ j b cn coma) .eted• ° �; ; -�- .,. �`: EC: _:-n: O'IC_Ma z :lad *n n..s:leCi as t1el'e 7 r? ,; ,� {: nc T:g 2gr :ems ent e,, :e 14�.�., cr •.,,,. it v �r bOi ►... n� C)1� mod, E L' � c -e i•.c.:: �-,ar 5.,��? me .,ary ranort thereon �-I, a plat ° -t •. << i ;, • . � t o the • ; .. ; -, : ,, ,^ .1,,, _ S•3ction 7. Utreet �`- ainte :.:: lce L'nt�`� COy�� _. +l`,_ `_ eo^ '�� :'al been Completed ter. - the :e„ a '- has uccord� 'e._a. by v•ie IrM ar•� : S Ce Z'; : L 1 Lne ? c?nS G :tom.v ti �C� 1 wcat .o c Y .1. Vie, C::C l+iC `t w� ^4 is .IJ ••�� �- y, Ln g� %:eer n-:s cert, „'i e-' p1,eti�,on ti :C a�';i er a�1�:.11 :1. F' �r^S ,, ; ... _ d aJ to SUICA, Coln - in Ct safe , e UC•'1 street, eet, .e.f u -ed i Or 7laV l .,.v tr condition_ far �. SUCI: use, at his o:Yn ex�� :�sa. ^�.� ~_, no„ be chargaab a iriA ' ha ...� r� ia�'a �h cost of or the resi.a•nszbility for th 1 intG.:ance Of S1J.Ci°1 Streat Until the CO. ^.Ip1 BtlO :i Of SuC :� Strei;t 1.35 5Jv'C3 i So certified. Section $. A,��al_ic, lion. T-•ceot as h ` �.inance s'rall app? y to '' pJ ,ereta?'orc _ _ deb ,t..e pro�•ided, .1.,. o c fiJ.e _ d; nary approv _1 by tl:e G :llar e Coll, _ 1, 11 I"i0"* f6u i V ,e2 ci. d�to s. pl<..,s her eaz,-,ur Section. 9. Zff ccti �e crate. This ordinance sl.nall �' and effect upon its p,.ssage a.id publicatio /I �;; provic�ed�J}�_ i ' full fc�rca u1. . Uqo • 91 . continue -0 Sec�ic:� ;coon by- Ce-,::.c 1, lips:: co :pa;, cn tGc =ti, ,, 1 S:` ct�gr. a roue, t':� p at ,:-'' . �� .,� o2 t,& t •Ci „ou::c_.1. -• Vz' Cx�1'J�'0'l(?r. The 1 , �:,... �. v ti-:a l l be trar,vS:I t V;od �C grant lla t..L1+�•. :c., �r anr,�, ..a" cT„ ^, . :? J ; __ .,. t o: pi ats Ma ntwoned in. Section 07` r _ an,)roval of �. G ...0 VCS. �!G3r �Gr iL:1't.r:c„ J. ••. Y'C"D r VC) Via ci'�i� NQ_'�r 1GV,e tl .a.i1t�}..g4.. o��icers or c_e-artr,ents, Cr re, „ecv t c plat, Sect P.1 t i �:1��:2 -ovai i1�;, ? � "l t:.J j t._)_ _ O' ca�. Ir..eil n r e �i'Lnar' n gzvea �G a pwat 1 aJ_. �,_ f T y ' , and se :e' i.�prcve��, ;ti ��;,,;��� � t tv ce co �Zeted hi, -9 - e� by t. he repo 4 �'....E.' ir:. !,l �.v r,;- � � a::,,, LnCZ�.' ^,ate . nsineer, or i:l lweu o� ti L.s:On S eta a _ r a.lc.:. o vu.JLIJ..'r.,:J:.On i„ -.;��- :� Ca. _..._ OVe•r:c:7�.S •� ;t, ^� �,, _ J.. -... G •'Z 1. _ G � «� e e.: vP .... � � j, i a .� •.a iCX'a c�a:Ce VCi�rLv� -juc , :a _ a. �- c, .�v. �, `v0 _ 1) a.:d i .-%e VZZ.,i�"'�„�� j `^�i, �``J' j C,..,. �'V jL G' ~.. vl: lw i -: i. e:: v .Ci J:�r�Cn•Ai .a..�.r�jV repay. i.c i.ie 17 ,_} t ��� � c.wr OC. � c,civl �... e ��� SC:i �iyi n^. {'.:cE p i ` ��6 ail the ,�;� G c.SSESS� BJi�S ~ ' r� "` @0: Oi SpeC , C) e , 1.0 n '-iJh � :'u ^ ^. •' n ec:Ci O_`' be r,ac?e ;o �. _ .a_ e ` 7 , , V Y 8L' Jour J th .�r�•i r, t �'' p C .a 1, Eey l.r :C,:1 �1 ` (, _ `� •.l iJJ 1: :�l r j ' Y' V:.. , I'-' Ci the V+ i rd f '. ar IC v-* G`l. '�'_ 7 which, CW'�� aSse5S:::Ient—S for .suc., »Jr " G nLS 7 C QV key a.0 r`.� 7••,. Q'Y G..: Gl ,�, � a..t_ �' � L C.C. � _ h,r ^;„�;• V::e E1.OJ2� 'S nG` O _moo C.+- tc y G �.ti� 7C:'1''C:CI GI' �� ,v i- n aces G file a�bond. as �' v ��w1..Lu .. .u:aS V , ^r; ^ l..a. 4�.+...».i G�G'• "v ^ .� G.d vC"r.�......:GJ 4Ii '' 11 <<�l ee::,0 �`v C::Ci~sl c,- nor: �7r h . T3c;'{ :. S COS%S .'i V�'Ii�JJ�':yywl7 i u l: CTi' r'GV�- :s Sl..v l 'P. �..:� "1.}�. l r• 'i 1. uP.0 '"'. C%..�.'C.AUl' �..v ry 1..1 �'G .:J� t S v- i?l:.w a V .S. a o v a 1d, 4 !. l:C.t �4Ctl =v "' C 1 i Vi 1.} s� � :al ass the , _ �.:e ir.- or .c •- p.:.aV rC'C�. 1. 17. Unr yy,,, t C. r cnn , �'•: "G_Ld li: Q:? tlty trc i 1 ^ " - A „ , a_ �,l _ Gva or :7r e'J ny d in = tZ�.1. toa �7 i, _ .c sw ia;,, V Cul'I " J.r e.as, Z,�.^ C t'e.�. .� v `r. td.. �. Y.:. 'agC,' �. :.' �ass ''..til v.� C1:ak 4 .:,. County. Ia The bo,.,Ad ].:: r c ^:C''.? a GEC 5.'iaZ i e vrt by 4 co 'JO_ a _ .On app:' , J n G -V. er ZJ vai 4 at:, , .. r OL:.`].. Oi U :=C•., .+.n V.aE .i'.LL1. Q1V.L6..0:1�' ^r S_ �C..i�.v^' wr _C - v 0. _. or at e t ma o±' entc^,i`wa '7t Sj G, an cash `j}� the SeCL:�'� i, t0 �:" �iJ1 Fj�r v J t CP_ c�'. �reeIM,eii t: � a.nd S.:c ��. b.; _ :V n a pG_ Gri r E�'rt �'v _�` �'- pGj: ?nv O.i a -7. such CCStS ' � ,.Cr ••+ r.L l V l�l -.n suer. G • "r' Lls •a Se .j.'�ve...'tfi:ZlJ. ,1 c: On 6. ! Z T1t7Z AnnrOVai of T) .ate t' ;.vn .,7 {. pre �..--* n :'y vJAG�: Z D'j f rn r.. d �•aV :: S :teen -i ..a beG'il CG :J1 �; E^ ca v.av 1J0�?iC� Z :7C: ty n-4 8. ^C': v »� Sl;Jd1 Vi S 0 .. r� G�: EG4 i,` E% ec �� ^a�� vi-11, nii:,ary re ort v :ereon ' ,' }, plat °¢ ( :;- ScGt,�.o'� c+. �Ir` V 1'i 1Ci 1✓.iU1J lIV �J �v �JL�....�lr �� 1L'.i�' �,.��C -•i.L C ✓u�':i,�� t•:zii:,J�: Wince. L'rttw? � -� ., ,- been COy: nZ @` e �?: aCCOrCi a .. , <� C v _: a OZa fit: , �JJ �� .P.S c: J"�(^ by the e .l-' a�e, a ? t he _ :{c�C• p�4t?,.o t'" Ci a ~ Z1 C.��,. L:tb ..- v,.._ a.._:v C. Cr v fi.ed &S V� •a wale M_ �^ sr 1, ,J. in a safe shall F'� o suc,% street ��' us�,� ; .:bZi^ `» ccnd :l i Or cif C O _ I10� be i.� .vi: i1JE', aV h1S o, -,i ex -p c' rn,_ �, ' Z v Vtl Vac, cc st, o or he rc�-.S'J � � ^ • � •- , `^ ,. J:I ��:IVE .C.'.:ivt"3 Q.. u ,-. -- 1 w_' y Gi« i.�Z ...LS O. h'a t;.G.I S�: e3t ti...J1L VL2 COC.p� CtiO:t Oi such S�rBu� C%S bee a SA CC'ri.__'I c SECv1C3"1 11;)'JjCC� G: �'•�cGnr`' S 'Cl�„ ord : n anc?. Sic: a'J�? y' C;.71. i V c'.. c , G' is 0 ::E p�'O� C�EC� 1: O _ r' c e , „4� , r-; �r ,. ,_ °7'C�3fo e ...�C;d but aiOt -, -�. 'zlc <Z ...:1L. y arp� �va.l by i_Ll,, r e COU.:,c I, ~ad, all plats ._v �-1 SccL. or• 9. � �£ecti�re cute. This ordinance shall bQ in Sul ', r and �'� . e, ocu upon S p..siSRge avid publicatio.' .: 1 ;''' �`' c .. 'P"0 d.i d Q d y 3.ul,J, The Village Council Certified Copy of Resolution of the Village of Edina Adopted Jan. 27, 1958 92• to Filed April 6, 1962 Whom 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 bond, 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 I, 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 sufficient to (continued) - The Village Council Certified Copy of Resolution of the Village of Edina Adopted Jan. 27, 1958 92• to Filed April 6, 1962 Whom 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 bond, 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 I, 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 sufficient to (continued) � r (Entry No. 92• Continued) pay the cost of all improvements of the types described in paragraph I which the Village determines to construct and install within the sub- division; such payment to be made in cash or in installments extending over a period not exceeding three years from the time of such con - struction and installation. The Village will reserve the right to levy special assessments in an amount equal to the cost of said improve- ments, upon the properties especially benefited thereby, but payments recieved under any such agreement will be credited by the Village against the special assessments levied therefor. The provisions of this paragraph shall in no event be construed as applying to any plats ap- proved by the Council prior to the date of this resolution. y r. jR 7 ' Village Council Certified Copy Orc'inance Rio. 243,1 Village of Edina rated Jan. 101 1966 93. to Filed Jan. 19, 1966 �Iliorir it Concerns Bank o 1 �,lisc . , page Doc. iYl�. 3543147 Fag= Crc?7.nance C,�ns-�itutir?g t'r,�? Council as the PI atting ,%utl?orit•, of the Village, Prescribing the Procedui'.:, for t! '. A. of z'1 at , o f Subd� v 1 s- c, ?s, i ,r;gtU l ati rrg and Sobd.-Lvi sions, a;1C! ?;'o%,40- � The Vi r age Ccunc for Relief in Cases O ! � i 1 o f the Vi l I age c f Edina i•�i.n p Se^ticn 1. P# ._,-_ 9 ns -o #:� , Jrdains: �r E --= =- — �_ tiuthori }_tJ ;,eDrovr },' ::,# Th '.' I i a e .5. � ey g Council .,,,a serve as t:ie PI - a _t1_nq :;u; parity ' ^�'i 1 I ag�� o . �. , .� n &Ccor'danca with Minnc-sota LaLys O i ! ���;,5, ChaUtL'r 0f J :)£Ot1 � St., Sri ry on c • 4 02 • .35`x) . \o Diet, rep 1 at or subdivi,� on of I a- ; r, the Vi I I aq-a ShE: i I be f? je accep7;gG i ar' T' 1 ] it by � r � a or g he }ie:.,r ?ey�irr Courr,,y Register of Deeds unless it is accomc�anied by � o i ; e co _ a cert • f d p>, � rasa l uti on adopted LI;,� tr ,e favorable v %. r . owe a; a majority af- the members of the Village'Count #1 approvinc such Section? '� F ! � plat, rep! at or aubdivi� ion .. _r_r r!ads. Fes r I of the ''i ! l ^u • ( IJ,I t I 1 �_ dr i plat S present mac; rGi' the a- prova ! < =i ! ba ri 1 With the P { n a - �,nni.r�.G � °p:�rtr,�u :rt r,a shall l be accompani.ec by payment of a plat [`ill, 1 Le ' a -, s� cl;arcad b; t h a Vi I I E,9e g uhIc, -ia, 1 l e o. s: ces to be rendercr-3 by er;: s o; ees t ,e Village in processing -the proposed pi at. T , �,. F � he umcunt OF suc.? fee sna ! i be $25, P' us $1 f-ar' each lot in the prat but, 3, t � -,ter fee of � 100 . r n.. � o C%iL.i,....._, a c ��xi -nu.;. C'�T tF_r ,i tiii 0 t!)a ,P I at ✓ the Court.,.._ Y ^' l shRj l l nc - � nti t 1 e. lC person who Paid the fee to th° r; turn of a! 1 or any port t:;c',reo . Section 3. r` i nt s t � l CtJy t:� l l_ n C ! ; : / a { f's i n r 1 i (a) Every plat, re:pi at or subdi ��zs? on of ! `r t-. Gwn��,�r , app I ica ! e and ssra f comp 1 y with a l l provisions ons of state l a w �and the Zoning L -rd .nance (^lo. ��! of the Village. (b) .Every Plat of previous Iv WISUadivµded Iand, or r•ep!at of pIacted land which requines the dedication of a new street or a change in an existing street, s h a l l a l s o show thereor the grade of a l l streets and the mean gra.;4e of the Front and rear lines of each lot. Section 4. i;er? cation of Lard = P or ar?c s . �n every plat of pre- viously vided_ ! ar,d to be de ,'e ! o ed � ' pardon of s c a or res-' dentin 1 use, a reasonable such land s,?a1, be set aside and dedicated to tha public for public use as parks and playgrounds, but in lieu ihe i may at his option cont r, reof the subdivider the value of the land otherwise req. `vi 1 !age an amount of cash e4ua ! to �rired to be dedicated t or parks and P aYgrn' -nc�s. my mane }' so paid t,, t},e Vi I I age a l l 1 ! be placed in a specie-.l � and and used only for the acquisition of land For parks and P 1 ayor'o,.rnds . Section 5. Re .c-. won Plat. rq u The Planning Commission with the assistant.„ �---- of tt ?e !�i < r;r.ing Department shy, l 1 and crake a recommends- ion thereon in writingetomthe Council aagatr, h�crt fallowing matters: (a) the accuracy of all measurements and grades shown thereon and (Cuntinued) (Entry No. 93. r C continued) (b) the suitability 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 foilow;ng matters: (c) the adequacy of streets and conformity thereof with existing and planned streets and highways in surrounding areas, (d) the suitability of stneet grades in relation to the grades of lots :and existing or future: extersi.ons 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 end playground use, and the recommendation of the Park Board regarding such dedicatjon of land, (f) the estim,.ted cost (,including engineering and inspection expenses) of gr dinq, gr«veli'ng and permanently surfacing streets, installing street signs, and constructing any storm sewers which may be necessary, -,nd (g) the es"- matac Cost - nc! u114- ne engineering and inspection expenses) of constructing sanitary sewers and water mains - adequate to serve all lots in the plat, prov?ded that connection of such sewers and water mains to the Vi 1 1 ,l:je sewer end water systems is feasible. However, the owner of the iar,d included in the plat, or his agent, in 11SU of h ;-vi.nq the fcrcgoi ng costs estimated by the V i l l age, may employ at his expense, a reg_sterec prof essiona l engineer to prepare pr e i irninary Plans and est .mi:ste5 of cost. of the ne,cess`ry imp ^o�ements and submit a written, itemized report thereon fo the Planning Department. ;id,/ance notice of the employment of such engineer shall be given to the Planning Department upon n�1no of the plat. Section G. Public Ifearin0. It its next regular meeting after receipt of the report and recommendation of the Planning Commission on any plat, real. -7t or subdivision hereunder, the Village Council shall set a date For hearing thereon, which shall be not later than E9 days after the meeting. ,, notice of the date, time, place and purpose of the hearing shall be published once in the official newspaper at least ten d�.ys before the date of hearing. rafter hearing the oral or written views of all interested ;persons, the Council as the Platting authority shall make its decision of the same meeting or at a specified Future meeting thereof. It may by resolution (a) grant prei?m nary approval of plats mentioned in Section 3 (b), with or without modification, (b) grant final approval of ether plats, with or without modification, (c) refer the niat to the appropriate Village officers or departments for further investigation and report to the.Council ct a specified future meeting thereof, cr (d) reject the plat. Section 7. P1 i-ts Given Pre 1 im{ nom_ hpnrova ! . k-,'hen Preliminary iminar approval has been p y given to a plat, the person who filed such plat shall cause all street, water and sewer improvements required by the resolution granting such approval to be completed, at his own expense and under (continued) 4 (Entry No. 93. continued) a i the supervision ot= the Village Engineen,.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 fJi ng Cl)e plat to repay to the V_I1age aii costs, thereof, through, payment of special assessments or otherwsej at least one -third in each of three years, the last payment ro be made not later than December 31 of the third year from the year in which special assessr-Ents for such improvements are levied; provided, however, that the -11( age shal! 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 bcrrowing w !' ! jeopardize the '11.1 !age's credit rating. Such agreement shai± also prcvlde that if special assessments have been ievied for the making of such improvements against any lot in the plat located in the Single FanIly Dwelling C strict and remain u „paid upon the transfer of title to such lot, they sha!l be paid or prepaid in full to the Vi►iage Treasurer and the County Treasurer of Hennepin Count,, The bond herein required shail be given by the developer with a corporation approved by the Counc ” as surety thereon, in the full amount Of all costs of rna!< ng the improvements specIfieu in the subdivision financing agreement not paid in cash by the developer beFore or a-r the time of entering into such agreement, and shall be given for the securing to the Village the payment of al! such costs with -n the period specified in such agreement. Section 8. Final A ro!"oy I l of F! a* `;'hen a plat has been given preliminary-approval by the Ccunc_ and the required improvements have been completed, or subaivisionn financing agreement executed and bond furnished as herein required, the Village iManager shail submit a sup - Riamentary report thereon with the plat to the Council for final approval, which shall be given by resolution. Section 4. Filing Resoiution. certified copy of every resolution adopted under this ordinance granting final approval of any plat shall be filed with the egister of Deeds of `.ennepin County, t,'henever the plat so approved is of land within the municipality contiguous to another municipality, t_he resolution shall also be filed with the Clerk of such contigous municipality. Section 10. Street iai_ntenance. !Until a street in a plat has been completed in accordance with the plans and specifications approved by the Village, and the Village Engineer has certified as to such completion the owner shall keep such street, if used for public travel, in a safe condition for such use, at his own expense. The 'village shall not be chargeable with the cost of or the responsibility for the maintenance of such street until the completion of such street has been so certified. Section I'l. This ordinance may be referred to as the Platting Ordinance of the Village. Section 12. This ordinance shall be in full force and effect upon its adoption and publication in accordance with law, including all portions (continued) I (Entry No. 93. continued) of this ordinance referring to Minnesota Laws of 1965, Chapter 670, notwithstanding that said chapter will not go into effect until January 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; Vaived- ,adopted: December 20, 1965. (Signed) Arthur C. 6redesen, Jr., Mayor Attest: (Signed) Florence S. Hallberg, Villaae Clerk. Published in the Edina- Morningside Courier Cecember 23, 1965• (Entry No. 93. continued) of this ordinance referring to Minnesota Laws of 1965, Chapter 670, notwithstanding that said chapter will not go into effect until January 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; Vaived- ,adopted: December 20, 1965. (Signed) Arthur C. 6redesen, Jr., Mayor Attest: (Signed) Florence S. Hallberg, Villaae Clerk. Published in the Edina- Morningside Courier Cecember 23, 1965• 9 Village Council Village of Edina 94. to Whom it Concerns Doc. ho. 36F8232 0 Certified Copy Ordinance No.263A -I Dated Filed November 27, 1967 Book of Misc., page 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, 1! 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 i s. hereby amended by adding _ thereto a new section 5 reading as follows: `Section 5. Underground Installation of Electric and Telephone wires All new electric distribution tines (excluding. main line feeders and high voltage transmission 1-ines), telephone service lines, and services constructed within the confines of and providing service to customers in newly platted areas shall be installed underground unless the Council shall find, after study and recommendation by the Planning Commission, that (a) the placing of utilities underground would not be compatible with the development planned; (b) the additional cost of burying such utilities would create an undue financial hardship; or (c) unusual topographical, soil or other physical conditions make lrnderciround installation of such lines unreasonable or impratical. The platter shall submit to the Planning Commission a written instrument from each of the utilities showing that the necessary arrangements have been made with the utility for the installation of said facilities" Section 3. This ordinance shall be in full force and effect immediately upon its passage and publication. Section 4. Upon being made effective, a certified copy of this ordinance shall be filed with the Register of Deeds of Hennepin County. First Reading: October 16, 1967 Second Reading: November 6, 1967 Published in the Edina Courier November 9, 1967 (s i caned) Arthur C. Bredesen, gyro, Mayor Attest: (signed) Florence S. Hallberg, Village Clerk 95. 0 0 Village Council Certified Copy Ordinance No. 801 -1 Village of Edina., Dated - Min,nesotw. (Corporate Seal) Filed Dec. 18, 1-970 to Book 70 of Hennepin County Whom it Concerns Records, page 3862421 (No. 2 3A -4 in ordinance arrangement before 1970 codification) An ordinance amending Ordinance No. 801 (263A) to require dedication of land for parks and open space and land or easements for protection of natural grater bodies. The Village Council of the Village of Edina, Minnesota, ordains: Section 1. Section 4 of Ordinance No. 801 (-2053A)* of the Village, as amended, is hereby amended to read as follows: "Sec. 4. Dedication of land for parks and open space and dedication of land or easements for the 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 CoTMmission 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 b.een made for maintenance of s&id 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 snac,e 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 into ,rmittently, a' strip of land ruzrning 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 tc 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 pur -pose of protecting the hydraulic efficiency and the natural character and beauty of such lake, pond or stream, The Planning Commission shall determine which of these options is more appropriate and shall recommend to the Village Council one of said options. In either case there shall also then be granted to the Village the right of ingress to and egress from the said strip of land with men, ea_uipment 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, shall be granted by said easement to the Village." Section 2. This ordinance shall be in full force and effect upon its adoption and publication, and when effective shall be filed with the Office of the Register of Deeds, Hennepir County, Minnesota. Village Council. Certified Copy Ordinance No. 801 -2 Village of Edina, Dated - -- Minnesota (Corporate Seal) Filed Dec. 18, 1970 96. to Book 70 of Hennepin County Whom it Concerns Records, page 3862422 (No. 263A -5 in ordinance arrangement before 1970 codification) An ordinance amending Ordinance No. 801 (263A) of the Village by providing for letter or credit to secure subdivision financing agreement and for recording of agreement. The Village Council of the Village of Edina, Minnesota, ordains: Section 1. Section 7 of Ordinance No. 801 (263A) is hereby amended to read as follows: "Sec. 7. Responsibility for inprovements; subdivision financing agreements. In the case of plats situated within the Single Family Dwelling District, when preliminary approval has been given to such plats, the person who filed such plat shall cause all street, water and sewer improvements required by the resolution granting such approval to be completed, at his own expense and under the supervision of the Village's Director of Public Works and Engineering, or in lieu of making such improvements, he shall sign a subdivision financing agree- ment. Such agreement, to be made between the person filing the plat and the Village, shall obligate the Village to provide engineering services and construct the improvements, and obligate such person to pay to the Village the cost of such services and construction, through payment of special assessments, which shall be payable in three annual installments, provided, however, that the Village shall not be obligated to enter into such agreement if the developer does 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 Village Council determines that the Village must borrow money to pay its costs of construction under such agreement and such borrowing will jeopardize the Village's credit rating. Such agreement shall also provide that if the developer transfers any lot or parcel in the platted area while special assessments thereon remain unpaid, they will be paid or prepaid in full to the Village Treasurer or the County Treasurer. The agreement to pay special assessments at the time of transfer shall also be set forth in a separate agreement and recorded in the appropriate office at developer's expense to give notice to all future purchasers and owners. "The bond herein required shall be given by the developer with a corporation ap roved by the Village Council as surety thereon, in the full amount of all costs of making the improvements specified in the subdivision fi ancing 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 t the Village of the payment of the special assessments. "If the developer does not file such bond, he may in lieu thereof deposit in esc ow in a national or state bank having an office in the Village cash i the full amount of the unpaid improvement costs, together with '.nstructions to the bank to pay the money to the Village to the extent f any default by the developer in the payment of the special assess ents. "The Lett r of Credit herein authorized shall be delivered by the developer only if the Village Council agrees to accept it for the specific plat 'n lieu of such bond or cash escrow. Such Letter of Credit, if accepted, shall be from a national or state bank having an office in the Village, be for the full amount of the unpaid improvement costs, and contain provisions whereby funds will be paid to the Village upon written demand from time to tinge 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. i Village Councii of the Village cf c0,111a, Minnesota (_Sea; 97. to Whom it Concerns Certified Copy Crdinance No.SCl -h,3 Dated - Filed April 12, ly7i Book 71 Hennepin County Records Page 3878409 An Crdinance Ari:ending Crdinance No. hUl of the Village by providing for Subdivision F i nGnc i nci rtci ?•f ment and Letter of Credit to secure Subdivision F i nark i na AyreGr', 7Ir sr` ; cr recording of Acreement and for Final Plat f.pprova i Prate::_ rE The 'V I I 1 aic-e CoUr ;c_ i i of the V i I I age Of Ed i na, iA i nr.esota3, Ordains; Sec %icn ection $ of Ordinance 11'o. SO I, as ariended, is hereby amenced, to read as foI'c"ws: rrS�C• J [iC:sCcCiilSli: i i ity for Improvements: Subdivision Financinq Agreements, When preliminary approval has been given to a plat, the person or persons %ho f i iej such, L i s i (herein cal i ed the "Developer" whether one or more Shall : c6ils.z: al! i it °et, hater and se;,er i mproverrants required by the rE -s0 e is 4 i C;` cram' t ng sucil e pprovo I to be completed, at his own expense .and ijncei -ht of thz Vis'age's Director of Publ is F =orks and En;n i ,ne '^ i ric, or in I i eu of mdk 1 rig Lich improvements, he s!ia i I s 1 'n a sL?OC 1 ^, i ^rc 7 1: ?an., ! rl� agreement %herY 1 n called the "Agree Tent ") . to be mad- between the Deve 1 oaer and the V i i l e.ge, %.'i to i ripi�ove er. `s "to be instal led by the Deve l carer, sha l I cb 1 i ga to the Deere i c,pe . tU i llSt,3 i I 3'? CCi ;:D i etO a l l SLICK I, c�rOYe. ^:1Ctit -, a t- .1::.1 8 own e \?tilS ;° and iZnCik°t" the su.:.:r i g i :gin a-d i nspect i on o ;;ile V i I I age's D i rector o- i uc, i i c f aria t; -,, :i i ncc " i nc;, { h) as to 1 mprovcments pet i t 1 oned f: r by the Deve I ore^ tc be ins--.-, wG 'roc :r i l 1 3� � ` -wil i ch l' I l i age instal l a t i ons sha l l 1`i3 dome on i-, , in pla i s tu3Led' w t h i n t i ie SinC(e `ai'ii ly D w e i I ing Dist:ricL, the M,ult. p rle Resic+ence Di - `rict and •thv- Planned Residential disti - icl -, shat I �) rl ta. thr V i ! I ac, e to crow i dc: Erig i Weer i ^g =•�ry ices and construct tllE 1 ri3provr - vents, arc: oL! ic?ate the Developer to pay to the Vi I lage the cost of suer+ sere i cE-s and ccnstruc-t; i on, thrL)utin payment of special assessmc:n 4s, SY i i ch: Sha i ! [-e �Ja?�'3.7 i i• I n not more th,3n tjlrt e annual, instal I m °ntC ;, and (� � c5 to i mprovei -c :ts pat i s_. i oned for by the Developer, to be ins-Lai t cd and asstss°d in ci CC{' c i't: e with the reo'u i er sees i a l assessment policies o f the \' i 1 t cF-)9c, provide for i nstel i 1 ,`+t i on if crd,°rcd by ti;P )t i !lag;: Counc i i t ?d a_,.s:'Ssi: ent in accC ^Carle' 1i I th the r.?qu 1 iar pot i c i ES of the V i l- (ag,b; prov i 6e�`, noilever, that the Vi I l dge slit' l l not bid ob l I �_ic? ted to enter into F=uch Aare e; cent (i) If Lis- p i it improvements require d by such reso I ut i r,; arc not a l l ocd+tt_ d a +gong the. methods at (A), (8) and (C) above in a r..arirli r satisfac:_ory ;c the Viltace Colsncil, or (1i) if the Developer dogs not- file a bond for the iirprov•-�!ment (it (A) above as hereinafter described, arid, as to tE,,- i r- .provemr.nts at (o) above, does not rite a bond or, depos i t cash in escrow as here i naf ter d;tscr ibrd, or does not deliver a Letter of Credit as flew: i n te.r descr i b:-d, or (iii } as to any improvements, i t', th e Viilac^ Council letormines thet the Village must borrow money to pay i-ts costs or construction udder such Igreer.ent; arid such borrowing will jeopardize thr- Villas -Ict' s crcd i r rating. The Ae;re.cmcnt sha i l also provide, as t0 i r: ^ro:'er:ents of ('j) abova., tho t 'F the Da:.ve l opc r transfers any lot: or parcc t in the plotted area a•,ti i ( :;pec id i assessrr.ent s then levied, or to be i c. i N` b;i s(td on the V i I I �ia,c.' s c s -1 matte, for the i mprov cments made pursuant to s,a i s r•c;r.1a i,l L np,i id, they wit I be paid or prepaid (Continued) C, r (Entry No. 97• 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 Mond herein required shall be given by the Developer with a corpo- ration approved by the Village Council as surety thereon, and, as to improvement,--, rcfarred to at (A) above, sha I i be a performance and payment bond in, at I east the fu I I amount of a I I contracts for the i nsta i 1 at i on of such improvements., and, as to improvements referred to at (B) above, shall be in th full amount of ali 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 acid given for the securing to the Viilage e the payment of the special assessments. "As to i-rIprov,:�r;ents referred to at (B) above, if the Developer does not file such bone ?, 'he may in I i eu thereof deposit in escrow in a national or state beak having an office in the Village cash in the full amount of the unpaid- npa ! O i a,^,rovements costs, together with instructions to the bank to pay thv r.ione;_, to the Village upon written demand from time to t i mu of the ViilarDe to the extent of any default by the Developer in the payment of the special assessments pursuant to the Agreement. "As to improvements referred to at (B) above, if the Developer sloes not file such bond or deposit cash, he may in lieu thereof deliver a Letter of Cred i t to -she V i i I age . Such Letter of Credit sha l 1 Lie: 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 wiIi be paid i:.o the ViIIage upon written demand from time to tinte of the Vi I I age -to tii• extent of any default by the Developer in the pay - ment of the special assessments pursuant to the Agreement." Sec. 2. Section 9 oi= Ordinance No. 801 is hereby amended -to read as fo I ( of -I s : "Sec. 9. Final approval of Plat. When a plat has been given preliminary approva I by the 0--unc i I and the required improvements have been comp I etec:, or subdivision financing agreement executed by the Village and the person or persons who f i I ed such plat, and recordable separate agreement re l at i.i-,9 to payment of special assessments upon sale of property executed, and security furnished, al as herein regUired, the ViIIage Lianager shaI1 submit a supplerientary report thereon with the plat to the Council for final approval, which shall be given by resolution." Sec-3. Repealer. Ordinance No. 301 -2 is repealed. Sec.ij. This ordinance sha1I be in fuI I farce and effect im -liediateiy upon its passage and publication, and ►.Mien effective shall be filed ►pith the office of the Register of Deeds, Hennepin County, I.linnesota_ v Village Council of Edina, Minnesota (Seal) 98. to Whom it Concerns 2 Certified Copy Ordinance No.801 -A4 Dated - Filed Apr. 12, 19 71 Book 71 Hennepin County Records Page 337S410 An Ordinance Amending Ordinance No. 801 of the Village to Require Land or Easements for Protection of Natural Water Bodies The Village Council of Edina, Minnesota, Ordains: Section I. Subparagraph (b) of Section 4 of Ordinance 801, as amended, is hereby amended to read as follows: "(b) Where any plat, replat or subdivision of land adjoins a natural lake, pond or stream, including streams which flow only intermittently, a strip of land running along all sides thereof which are contiguous to such lake, pond, or streams, which strip shall extend from a line not less than 100 feet upland from the lake, pond, or stream, as measured from the high water mark, and to and including.the bed and water body of such lake, pond, or stream, shall be either M dedicated to the Village for public use, or (ii) subjected to a perpetua•1 easement in favor of the Village over and in said land and the bed and water body of such lake, pond or stream for the purpose of protecting the hydraulic efficiency and the natural character and beauty of such lake, pond or stream, the Planning Commission shall determine which of these options is more appropriate and shall recommend to the Village Council one of said options. In either case, there shall also then be granted to the Village the right of ingress to and egress from the said strip of land with men, equipment and material. Also, where the easement is determined to be in the best interest of the Village, said easement shall also provide that the owners of the area as to which such easement is granted shall not make, do, or place, any f i l l , 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,., trade, improve and develop, and to raise the level of the easement area, shall be granted by sa i d easement .to the V i I I age. " 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, ;'=iinnesota. r Village Council o,= the Certified Copy Ordinance No.Wl -Aj Village of Edina, t- +innesota(Sea;) Dated - 99. to Filed Apr. 12, 1971 Uthom it Concerns book 71 Hennepin County Records Page 3676411 An Ordinance Amending Ordinance No. S01 of the Village by Providing for Variances The Village Council of the Village or Edina, :Minnesota, Crdains: Sec. I. Section o of Ordinance \o. ��l, as aclended, is further amended by adding thereto an additional paragraph reading as follows: "lf a variance from the application of the regulations of this ordinance MIaS requested LV Vie owner or n t s anent, the Comcl i ss ion clay in Its report recommend granting such variance in %,hole or in part, but only upon a general f=inding that an unusual hardship on the land exists and a specific minding that (a) the 'hardship is not a mere inconvenience, (b) the hardship is caused u; the particular physical surroundings, shape or topographical conditions or the land included in the plat, (c) the condition or conditions upon ,,,high 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 grantino o= the variance wi11 not be substantis11y deariment:,I to the public weIFare or to other land or improvements in zhe neigh��or- hood of the land." Sec. _. This ordinance shall become effective upon its passage and pub ication, and when e-Ffective shat I be filed with the office of the Register or Deeds, Hennepin County, i,, i nnesota . Village Council of the Certified Copy Ordinance No. 801 - Village of Edina, Minnesota (Seal) A6 Dated - 100 . 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 3% 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. 0 101. Taxes for 1972 and prior years paid as assessed. Taxes for 1973, exempt on: West 60 feet of Lots 11 to 22 inclusive, Block 2, Grand View Heights. Assessed in name of Minneapolis, Northfield and Southern Railway Co., as Plat #75560, Parcel #1910. (Edina #24) 102. Certifications by Title Insurance Company of Minnesota cover records in Register of Deeds' Office of Federal Internal Revenue Lien Notices and Minnesota Income and Inheritance Tax Lien Notices. 103. For Judgment and Bankruptcy Search see Certificate attached. 0 667251 No. 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 Minneapolis, Northfield and ) Southern Railway ) (a South Dakota Corporation) ) Nov. 18, 1963 DATES Nov. 19, 1973,7AM Dated at Minneapolis, this 19th day of November 19-1-3- TITLE INSUURRjANCE COMPANY OF MINNESOTA Form No 8 By�!�' -�—� Asst. Secretary