HomeMy WebLinkAbout1765Warranty Deed.
.� Corporation to Individual.
Form No. 7 —M. Miller -Davie Co., Minneapolis. Minn.
Minnesota Uniform Conveyancing Blanks (1851).
� ig 1r�ber�ture, .Made this .......................... ............................day of........................ ...........,...................
-. 19 ".....,
between
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a corporation under the laws of the State of .................... ... .............................., party of the first part, and
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and State o ........................1..' . ,
o f the County o f ............................................ ............................... f
part...: ..... of the second part,
IMM tl That the said art o the first part, in consideration of the sum of
.................. ............................... ......... ........................................................... .. DOLL✓I RS,
to it in hand paid by the said part.... ......of the second part, the re eel t whereof is hereby ackn l dged,
does hereby Grant, Bargain, Sell, and Convey unto the said part ..................of the second part,........................
heirlwa6ftOns, Forever, all the tract ............ or parcel ............ of land lying and being in the County of
......................... k'...................... ............................and State of .Minnesota, described as follows, to -wit:
To J4abe anb to jbolb the dame, Together with al the hereditaments and ap ur enances thereunto
belonging, or in anywise appertaining, to the t.... the second part, .......... ..........................heirs and
assigns, Forever. ,9nd the said .................................................................................................................................................... ...............................
.. ........ - ... . ...................... ................................. .... ................................................................................................................................. . .......... .......... ............... ---
party o Ukirst part, for itself and its successors, does covenant with the said part. '�.......of the second
part, .... .........................heirs and assigns, that it is well seized in fee of the lands and premises aforesaid, and
has good right to sell and convey the same in manner and form aforesaid, and that the same are free
fromall Incur nbrances .................................................................................................................................................................... ...............................
.1 nd the above bargained and granted lands and premises, in the quiet and peaceable possession of the .
said part ..................of the second part , ........................ heirs and assigns, against all persons lawfully claiming or
to claim the whole or any part thereof, subject to encumbrances, if any, hereinbefore mentioned, the said
party of the first part will Warrant and Defend.
stn Teotimonp Wbertd, The said first party has &aua& these
be executed&Acorporate name by its .... ...............................
rest en and its _ ........................ ............................and its corporate seal to
l be hereunto a fixed the day and year first above written.
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..... ............................... .... f.............. ............................... ......................... I..........
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In Presence of ) By( . �.... .... 1
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....................................................... ............................... . , �, Its ................................. .......President
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Its.................................. ...............................
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otate ofit�r�egota,
Countyof ...................................... ...............................
Onthis ..............: .... ............................day of ................................. ' . ........ .............................., 19 ......, before me, a
Noun .. ..............I............. .........................within and or said County P: ersonally appeared
............................ !!..:.................,...... 1t...!1 �!!..........._... ............................... and. ...........................:... 8...
.. ................ ...............................
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to me personally known who, beinj each by me duly sworn . ............................did say that they are respectively
the ....... .i....' .....................� and the ............................................................... .............................of the corpari tion named in the
f oreffoinj instrument, and that the seal a f j'ixed to said instrument is the corporate seal of said corporation,
and that said instrument was siined and sealed in beharf of said corporation by authority of its floard
1F ......................and said.............. t.. +.. ... _..and
........................ !.0.. .................... ...................acknowledffed said instrument to be the free act and deed of said
corporation.
.� ... .... ......................... I............ ...............................
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Nota Public........... .... ................ .......................County, Jinn.
My commission expires .................................................... .................19............
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LOUIS GROSS
23 N. Fourth Street
MINNEAPOLIS 1, MINNESOTA
December 2, 1958
Mr. Warren Hyde
Village Manager
Edina Village Hall
Edina, Minnesota
Dear Warren:
We have recently had several conversations in
connection with the villagers request that we consent to
the removal of a certain restriction on Lot Five (5),
Prospect Hills Addition, so that the village will be able
to construct an under- ground reservoir on these premises.
I have now had an opportunity to check into the matter
thoroughly, and I am prepared to release the restriction
upon the agreement by the Village of Edina to the follow-
ing terms and conditions:
I. The village must agree that it will be liable
for any damage resulting to my property as a result of the
construction or operation of the reservoir. I am not
referring to any diminution of value which may result from
the reservoir being situated immediately adjacent to my
land, but only to actual physical damage which might
result to either the land or the house.
II. The lot owned by the village will be properly
sodded, graded and landscaped. In particular, and as you
mentioned previously, some bushes should be put in near
my house in a manner satisfactory to me.
III. The contour of Lot Five (5) shall be such that
rain and surface water will not run down onto my land,
but rather will flow off towards the West. In its present
condition, the lot is in such a state that rain water is
trapped before it gets to my land. However, if the lot
is sodded and graded, the water would come down on us
unless protective measures were taken.
IV. The village should agree that its premises will
not be used as a playground or picnic ground, and that all
parking on the lot will be prohibited except for proper
maintenance purposes.
t
I
To: Warren Hyde - #2 December 2, 1958
V. I understand that there is no present intention
on the part of the village to put in a well on its property.
The village should agree that if at any time a well is
drilled on its property, the village shall at that time
insure that my house shall receive an adequate supply of
water. No one can predict the effect that a well on Lot
Five (5) would have on my water supply. Therefore, the
village must guarantee that I will receive adequate water
in the event that a well is put in on its lot.z�
VI. The village should agree that the construction,
will be done in accordance with plans and specifications
which have been submitted to me a co of which I
� py
presently have. �^
p y `5 ktV C l e f ;14 y
VII. Although I have two (2) surveys which indicate
that my house is within the boundaries of my land and
properly distanced from our common property line, your
survey appears to indicate that our house stands a trifle
too close to this line. You have mentioned that the
village might be willing to deed a sufficient portion of
its lot to put this dispute to rest. You mentioned also
that the village might consider conveying a very small
portion of this property without consideration on my part,
but I would want to compensate the village for this strip
of land so purchased by me. I am sure a satisfactory
purchase price can be agreed upon.
All of the above matters have been discussed by us,
and I am sure that you will agree that nothing unreasonable
Is being requested. I am only trying to insure adequate
protection for my property while at the some time allowing
the village to construct its reservoir. When the Village
Council has agreed to the terms set forth above, I aill
promptly execute the release of restriction which you
have given me.
i'
°Sincer y yours
j `rYY�
LG/r
November 6, 1959
f.lre Louis Gross
7012 Kerry Road
Edina 24, Minn.
Dear li,1r. Gross:
Deed has now been prepared for conveyance to you and !Fars. Gross by the
Village of a part of Lot 5, Prospect Hills Addition,
In order that we may have this transaction completed as soon as
possible (we know we hove been slow about preparation of dead), we hope
you will stop In at the office for the deed and duplicate certificate of
title--or, If you would prefer to havo fih. Hyde deliver it *.o you, just
give us a call.
Yours very truly,
Village clerk
gsa
IN
LAW OFFICES
c
MASLON, KAPLAN, EDELMAN, JOSEPH a BORMAN
SAMUEL H.MASLON
HYMAN EDELMAN
SIDNEY J.KAPLAN
SHELDON KAPLAN
ROGER E.JOSEPH
MARVIN BORMAN
FELIX M. PHILLIPS
BERT M. G ROSS
2-757
Mr. Warren Hyde
Edina Village Manager
4801 West 50th Street
Minneapolis2 Minnesota
Dear Warren;
BUILDERS EXCHANGE BUILDING
MINNEAPOLIS 2, MINNESOTA
February,
Twenty— seventh
1959
I am returning herewith three copies of the Agreement
between Louis and Beatrice Gross and the Village of Edina regarding
the water reservoir to be constructed by the village.
The backed agreement contains a fully executed release
of restriction; in the other two copies, the release itself has
not been executed although the agreement has. If you need any
further signatures, please let me know.
My father will be happy to send the village his check for
$50 at your convenience. We will, of course, need a deed for
the portion of Lot 5 being sold, together with the owner's duplicate
certificate of title so that the deed can be filed. `
If I can be of any further help in this matter, please
contact me.
Very truly yours,
Bert M. Gross
Enc s.
nc 5C� —
ls �"
I
Mr. Duane Joseph - 2
June 17, 1960
Ill. village to _Alson
"comencing at the Southeast Corner of Lot FIVO (5)9 Prospect Hills
.4dditiont thence raest ,along the South line of said Lot Five (5) a
distance of Two Hundred and Fifty -once and Five Tenths (251.5) feed
thence Northerly, pexpendicular to said South line a distance of
Twenty (202) feed thence East parallel to and Twenty (20) feet
North of said south line a distance of "two Hundred ard Fifty -twO
(252) feet, - more oz less, to the east line of said Lot Five (3)6
thence Southerly along said East lice to the point of beginning."
Enclosed is a pencilled copy with a rough sketch which will portray some -
what r re graphically what wo are trying to coo.
ould you pease -got in touch with Mr. Cross NO see what has to be worked
out legally in order that these transfers can be made. If, as it looks,
we will have to rsplat, the Village will, I supposes, have.to do that, but
I would like to avoid thin procedure if passible.
Verb truly yours:
Barren C. Hyde
.Village Manager
XWjh
Enc. 1
cc. Mross - 800 First National Bank Bunlding
RrAlson - 7008 Dublin Road
Liaross - 7012 Kerry Road
i�
A G R E E M E N T
r
A G R E E M E N T
THIS AGREEMENT, Made this �Z 7 day of � � ^ � f , 1959,
by and between the VILLAGE OF EDINA, a municipal corporation, party of the
first part, and LOUIS GROSS AND BEATRICE GROSS (husband wife), of the County
of Hennepin, State of Minnesota, parties of the second part, WITNESSETH THAT:
WHEREAS the parties of the second part are the owners of the
property legally described as follows, to -wits
Lot Seven (7), Prospect Hills Addition, according to the
plat thereof on file or of record in the office of the
Register of Deeds in and for Hennepin County; and
WHEREAS the parties of the second part have this day executed and
delivered to the Village of Edina a release of a restriction, a copy of which
is hereto attached; and
WHEREAS the Village of Edina intends to erect a pump house and under-
ground water reservoir on the following describeda property, to -wit:
Lot Five (5) Prospect Hillis Addition, according to the plat
thereof on file or of record in the office.of the Registrar
of Deeds in and for Hennepin County,
said improvements to be erected substantially in accordance with the plans and
specifications for the .same prepared by Banister Engineering Co., dated October
22, 1958, and on file in the office of the Village Engineer of the Village of
Edina;
NOW, THEREFORE, the village of Edina, in consideration of obtaining
from the parties of the second part the release of restriction attached hereto,
does hereby agree with said parties of the second part as follows:
1. To remain liable for any physical damage to the property or the improve-
ments thereon owned by the parties of the second part and above described directly
caused by the construction by it of the pump house and underground water reser-
voir on said Lot 5.
2. To grade, sod, and landscape said Lot 5 upon completion of the pump house
and underground water reservoir, including the placing of shrubs near or adjacent
-1-
to the boundary line of the property owned by the parties of the second part.
3. To contour said Lot 5 upon completion of the improvements thereon to
be constructed so that the rainfall and surface waters, do not runn off said
property And onto the property owned by the parties of the second part,
4. To prohibit the use of said Lot 5 for playground or picnic area pur-
poses, and to prohibit all parking on said lot except parking of vehicles used
in connection with maintenance purposes.
5. To guarantee a water Supply to parties of the second part's property
only in the event that the Village of Edina maintains and operates a well on
said Lot 5. This guaranty is given to assure -that if a public well is drilled
on Lot 5, such a well will not deplete the ground water supply now available
to and used by Lot 7. This guaranty shall only be construed as a guarantee
of a water supply, and shall not be interpreted to include any defective
operation of the parties of the second part's well, pump or any other defect
not caused by a loss of a water supplyi. This agreement shall be binding
upon the heirs, successors, and assigns of the parties hereto,
6. To construct said pump house and underground water reservoir substan-
tially in accordance with the plans and specifications hereinbefore referred
j
to.
7. To sell to parties of the second part the following described portion
of said Lot 5, to -wits
"Commencing at the Southwest corner of Lot Five (5),Prospect
Hills Addition; thence Easterly along the South line of said
Lot Five (5) a distance of Thirty and Fifty -eight Hundredths
(30,58) feet; thence Northerly 'perpendicular to said South
line -a distance of Ten (10) feet; thence Northwesterly to a
point on the West line of said Lot Five (5), said point being
Seventy- two (.72) feet Northwesterly of said Southwest corner;
thence Southeasterly along said West line to the point of
beginning',
it being understood and agreed that the sale price for said property 'shall be
FIFTY AND NO/100 DOLLARS ($50.00) cash, and that the Village of Edina shall not
be obligated to furnish a registered land survey of said property if one is
required by the Registrar of Titles office.
8. The parties of the second part shall take possession of said
portion of said Lot Five (5) after construction of the reservoir is completed,
but not later than September 1, 1959.
-2-
THIS AGREEMENT was approved by the Village Council on December i3,
1958, a certified excerpt of the Minutes of said Meeting being attached
hereto
IN WITNESS WHEREOF, the parties hereto have set their hands this
'l day of 19590
In the Presence of; UTILAGE 0 INA
1,.
Its Village Me age
,Lou's Gross
Beat ice Gross
-3-
RELEASE OF RESTRICTION
In consideration of One Dollar ($1.00) and other good and
valuable consideration, we, LOUIS GROSS and BEATRICE GROSS, husband and
wife, owners of the hereinafter described property situate in the County
of Hennepin, State of Minnesota, to -wit:
Lot Seven (7,), Prospect Hills Addition according
to the 'plat thereof on file or of record, in the oi"fice
of the Register of Deeds in and for Hennepin County
do hereby consent to the removal of the rest'r'iction on Lot Five (5), Prospect
Hills Addition, which restriction was imposed on said property by a deed
dated June 23, 1942, filed for registration in the office of the Registrar of
Titles on July 23, 1942, and registered as Document No. 180174 which
restriction provides as follows:
"The above property shall be conveyed subject to the
following restrictive covenant: No residence of value
less than $7,500 shall be erected on any lot in this
tract. No person of any race other than Caucasion race
shall use or occupy any lot except that this covenant shall
not prevent occupancy by dcmestic servants of a different
race domiciled with an owner or tenant."
IN TESTIMONY WHEREOF, We have hereunto set our hands this 1126
day of 1959•
In the Presence of;
Louie Gross
Ste,.
Beatrice dross
STATE OF MINNESOTA )
SS.
COUNTY OF HEMPIN )
on this 1G,'�� day of 1959, before me
personally appeared LOUIS GROSS and BEATRICE 6ROSS, to me,known to be the
persons described in and who executed the foregoing instrument, and
acknowledged that they executed the same as their free act and deed.
— A��- A,,;.,e��
No i c
(Notarial Seal) Z ,;; ;Y.
TRANSCRIPT FROM MINUTES OF THE RF-MAR
VILLAGE COUNCIL MEETING OF WKDAY*
DECEh1BFR 8, 1958 - EDINA VILLAGE HALL
Members an.wering Roilcall wero Hank, Dickson, Kohler, Tupa and 3redesen.
"WATER RESERVOIR CCM' ED.-, Manager Hyde presented letters of assent to
the proposed water reservoir, from Messrs. Louis Gross, 7012 Kerry Road, and Wilson,
7004 Dublin Road, rehiring, as conditions of assent, that certain, guarantees be
ma3a by the Village as to the lecation,of the reservoir, the character of the work
to be done* and the maintenance of the property thereafter. Mr. Gross.9164 'required
Chet. 3!111�STe 1data# be i°urnithed"to-him$, and, abile the other quaraatees, dosed
were agreeable "'to the Council, it was tuggested that WOter be fux�slshed Ehe gross
property only so long as the Gross family is in residence there. Manager Hyde
was instructed to confer with ftynard Hasselquist as to the property way to make
these guarantees -- *ether by contractual agreement or by deed restriction. Mr.
Hyde reported that Consulting Engineer Bannister has wade a firm recommendation
for aware: of contract to the low "Total job" bidder, Phelps -drake Company, at
,473.00.
He explained that the dirt will be hauled to the says Farm, over
a route pre - determined, and known to the bidders at the time bids were submitted*
(Gunnar a. Johnson had bid lower than`Phelps- Draaka on the "tuup Sum" price, but
higher on the hauling, making the "total bid" higher than that of Phelps - crake).
It was 'then moved by Bank,, seconded by Dickson and carried;, that contract be
awarded to Phelps- Drake,and Gross and Wilson conditions acceptedo"
STATE OF MINNE=A. )
CWNTY OF HENN. —PIN ) SS
VILLAGE OF Eli )INA
I* the undersilgned, duly appointed and acting Village Clerk of the Village of Edina
Hennepin County, do hereby cortify that I have compared the attached and foregoing
exeerpt from the Minutes of the Regular Meeting of the Edina Village Council held
g,onday, December 8, 1958, and titan the same is a full, true and correct copy of the
L14nutes of said Regular Meeting, as far as such minutes relate to AWARD OF CONTRACT
FOR RESERVOIR, AND C(XiDITIONS OF RESERVOIR IMPOSED BY (AS RS Or NEIMWRIKG PROPETZTIES.
WITNESS my hand and seal of said Village this 13th day of February* 1959.
Village C1erY
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