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HomeMy WebLinkAbout1926Cr Otate of AtnnOota, s3. Countyof ............ HENNEPIN ........... ............................... The foregoing instrument was aeknowledded before me this ... a. ...... day of .......... D e. C. emhex ........ ............................... 19.7.5... ......... by JOSEPH B. MOORE and JANE E. R. MOORE, husband and wife. b a- /li. .... y ................ ..... ............................. 4'pfi ON ACKNOWLEDGED) PE; O RS A ..... .. ............................... ... (SIG PERSON TAKING ACKNOWLEDGMENT) J. N. DA4CPd ......... ............................... THIS INSTRUMENT WAS DRAFTED BY ary Pu�� 0fteFN*-'dunty, Minn. This { 9,4 was ed 6Y My Commission Expires July 25, 1977, ........... ................................ . ...................... . ......................... .. ......... I .......... I ........._ Dorsey,, P0 ry z; °i, WindhOntt, MW 1 u `.a -�y - -2 . — R_, joienal -2in4 'Aida Minnompoks, Mkmomta i ✓ +;i� &NT lac "Sy. "ji D HEREIN E N SHALL B PRO RE Y SENT TOe Name of Mtg. Co. Mailing Address City State Zip Cod♦ Loan Numb"ber- -'—�—„ Name of Grantee Mailing Address _ State ZIP. W €A� E-+ ° Q � A Q 0. �'r� o o A o e o ❑� e zz O n0w U ? 'Z� o zt 1 °; Warranty De Individual to Miller-Davis Co., Minneapolis Form No. 3-M. Minnesota Uniform Conveyancing Blanks (Revised 1974) xbt"� Men uret made, this...... A ................................................. day of ............ D.P,.q.em1nT ............................... 197..5......, between .......,JOSEPH.. B.... MOORE ... and...JANE..E....R....MOORE.,...husband ... and .... Wif.e. ................... ......................................... of the County of ......... #enaepin ..................................................... and State, of ......... Xinn.eg.Q.ta .......................................................... part-ies. of the fors part, and ....... CITY ... OF ... EDINA ...... a ... muni.cipal ............................. I ............................................................. ........................................... .......... ­* ....... ­ ...... * ..... ** ..... ­­ ..... ­* .................. a corporation under the, laws of the State of ................... Minnesota . . . ........ .......................... I party of the second part, Wit=% 0b, That the said partA.§-..r?.. of the first part, in consideration of the SU7n Of One Dollar ($1.00) and ... other good and valuable consideration ---- '7 -B e fTL-.+R S, ................... ................. .................. good 7777777 ...... to ......... them ....................... ............... in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, do ....... .... hereby Grant, Bargain, Sell, and Convey aento the said party of the second part, is successors and a signs, Forever, all the tract...... or parcel...... of land lying and being in the County ......... . ..................................... and State of Minnesota, described as follows, to-wit: Ito jabe� aub to 0alb the dame, Together with all the hereditaments and appurtenances 7. . thereunto belonging, rm anywise. appertaining, to the said party of the second part, its successors and ' assigns, Forever. Ind the said....... Jo.seph ... B_..Mo.oxe...aud ... Jaue ... ....... .......... .......................................... .................................................... ...................................... I ................................................................................................................................................................ parties ... of the first art, for-theMs.elVe .1gi.r .............. heirs, executors and administrators, do............ covenant with the sal party of the second part, its successors and assigns, that ...... ;tPY ... AKP ..................... well t seized in fee of the la ds and premises aforesaid, and have..... good right to sell and convey the, same in f 7 manner and form a resaid, and that the same are free from all incumbrances, This Instrument is Exempt from State Deed Tax ai�ed and g7 premises, in the quiet and peaceable possession of the .Ind the above barg -anted lands and P7 said party of the seco'4 part, its successors and assigns, against all persons lawfully claiming or to claim, the whole or any part hereof, subject to 17?,CUMbrances, if any, hereinbefore mentioned, the said partLes.... of the, fast part will ; arrant and Defend. 3111 TeVir hand-s. the day and Wbfftd, The said partA-es. of the first part have...... hereunto set........ their ....... first above written. ............. . .................................................. % J6�9 6H B MO�m .. ........ .................... ........ ...... ­ ......... I .................................. .... . .. ... ':!E le_..] .... .... . . . . ...................................... ..... .......... I ................................................... I .......................................................... . b} 6 sy yr Description: That part of Government Lot Four (4), Section Thirty - three (33), Township One Hundred Seventeen (117), Range Twenty -one (21), described as follows: Commencing at a point in the West line of said Government Lot 4 distant 18 rods south of the Northwest corner thereof; thence South along the West line of said Lot 4 to the Southwest corner thereof; thence East along the South line of said Lot 4 to a point distant 978.5 feet west of the South- east corner of said Lot 4; said point being the actual point of beginning of the tract of land to be described; thence East along the South line of said Government Lot 4 a distance of 368 feet to a point 37 rods west of the Southeast corner of said Lot 4; thence North parallel with the East line of said Lot 4 a distance of 20 rods, more or less, to an intersection with a line which com- mences 47 rods west of the East line and 40 rods North of the South line of said Government Lot 4, and which runs in a southeasterly direction to a point in the East line of Government Lot 5 in said Section 33 distant 50 rods South of the Northeast corner of said Lot 5; thence Northwesterly along said aforementioned line to a point 40 rods south of the North line of said Lot 4 and 47 rods west of the East line of said Lot 4; thence west parallel with North boundary line thereof three rods; thence north- westerly to a point formed by the intersection of a line drawn northerly from the actual point of beginning, parallel with the East line of said Lot 4, with a line drawn from the initial point of commencement to a point hereinabove described as being 40 rods south of the North line and 50 rods west of the East line of said Government Lot 4; thence from said point of intersection southerly parallel with the East line of said Lot 4 to the actual point of beginning, according to the Govern- ment Survey thereof, Hennepin County, Minnesota. Subject to easement in public road along portion of the South line of said land as shown in Deed Document No. 215829, Files of Registrar of Titles; also Subject to a building restriction as contained in Deed Document No. 215829, Files of Registrar of Titles. 41 , AGREEMENT FOR PURCHASE AND GIFT OF REAL PROPERTY THE UNDERSIGNED, JOSEPH B. MOORE and JANE E. R. MOORE, husband and wife, (herein called "Sellers ") acknowledge receipt this date from the CITY OF EDINA, a Minnesota municipal corporation, (herein called "Buyer ") of the sum of One Hundred and No /100 Dollars ($100.00) as earnest money and in part payment for the purchase of the property located at 5100 Grove Street in the City .of Edina, County of Hennepin, and State of Minnesota, which property is legally described on Exhibit A attached hereto and made a part hereof, together with all garden bulbs, plants, shrubs and trees, all storm sash, storm doors, detachable vestibules, screens, awnings, window shades, blinds (including venetian blinds), curtain rods, traverse rods, drapery rods, lighting fixtures . and bulbs, plumbing fixtures, hot water tanks and heating plant (with any burners, tanks, stokers and other equipment used in connection therewith), water softener and liquid gas tank and controls (if the property of Sellers), sump pump, television antenna, incinerator, built -in dishwasher, garbage disposal, ovens, cook top stoves and central air conditioning equipment, if any, used and located on said premises; all of which property Sellers have this date sold to the Buyer for the sum of Seventy -five Thousand One Hundred and No /100 ($75,100.00). Sellers and Buyer acknowledge and agree that the actual fair market value of the above property as of the date hereof is at least One Hundred Ten Thousand and No /100 Dollars ($110,000.00), as evidenced by the appraisal thereof made by Mrs. Ottis BogaarJ, dated November 25, 1975. Buyer hereby acknowledges receipt of a gift from Sellers in the amount of at least Thirty- five Thousand and No /100 Dollars ($35,000.00), being the difference between the total purchase price to be paid by Buyer for the property and the actual fair market value thereof. Buyer agrees to pay the purchase price set forth above in the following manner: (i) $100.00 Down payment herewith paid; and (ii) $75,000.00 Pursuant to terms of a promissory note (the "Note ") in form and substance identical to Exhibit B attached hereto• and made a part hereof. Said Note shall be executed by Buyer and delivered to Sellers on the date of closing, which date shall be on or before December 31, 1975. It is understood and agreed, however, that said Note shall only be evidence of Buyer's obligation to pay Sellers the balance of the purchase price pursuant to the terms therein contained and shall not be considered as payment of the balance of such purchase price. Subject to performance by the Buyer, the Sellers agree to execute and deliver to Buyer a Warranty Deed and Owner's Duplicate Certificate of Title conveying marketable title to said premises, subject only to the following exceptions: (a) Building and zoning laws, ordinances, State and Federal regulations. (b) Restrictions relating to use or improvement of the premises without effective forfeiture provisions and which do not interfere with Buyer's intended use of the premises. (c) Utility and drainage easements. (d) Reservation of minerals or mineral rights to the State of Minnesota. On or before the date of closing the Sellers will pay in full all real estate taxes payable with respect to the premises in 1975 and prior years, and all special assessments levied against the premises as of the date of closing. Buyer hereby grants to Seller the right to use and possess the premises until June 1, 1976; provided, however, that in the event that circum- stances or events beyond the control of Sellers shall create a hardship for Sellers to surrender possession of the premises to Buyer on June 1, 1976, then Sellers shall be entitled to the further right to use and possess the premises for such additional reasonable period of time, not later than September 1, 1976, -2- as may be necessary. Sellersshall notify Buyer in writing of the date Sellers will surrender possession to the Buyer,and Buyer will acknowledge, in writing, the surrender of such possession. The interest forgone by Sellers on the balance of the purchase price pursuant to the terms of the.Note is in lieu of rental for the premises. During such period of possession subsequent to the closing data, Sellers will pay for all utilities used on the premises, will maintain the premises in as good a condition as exists on the date of closing, will hold the Buyer harmless from any claims for damage to the property or injury to persons occuring on or about the premises, and. will. at their expense keep the premises unceasingly insured against fire and extended coverage risks for the benefit of Buyer for at least the sum of $35,000.00. Sellers shall also pay all real estate taxes payable with respect to the premises in 1976 as the same become payable during 1976, in default of which Buyer may deduct such sum from the next payment due under the Note. Sellers shall remove all of their personal property from the premises on or before the date on which they vacate the premises. Any property not so removed shall become the property of the Buyer and may be used or disposed of.in whatever manner it desires. The terms, covenants and agreements contained in this paragraph shall survive the date of closing. Closing shall take place at the offices of Buyer at 4801 West 50th Street, Edina, Minnesota 55424. Buyer acknowledges that it has received and examined a Registered Property Abstract of the premises dated December 3, 1975, and is willing to accept title to the premises as exists on such date. All notices permitted or required hereunder shall be in writing and shall not be deemed given unless served personally or deposited in the United States mails, postage paid, addressed to or served upon the parties at the following addresses, or such other address as the other party shall be given notice of If to Buyer: City of Edina 4801 West 50th Street Edina, Minnesota 55424 Attention: Mr. Greg Luce -3- i If to Sellers: Mr. & Mrs. Joseph Moore 5100 Grove Street Minneapolis, Minnesota 55436 Such addresses may be changed by either party by written notice to the other party in the manner herein provided. IN WITNESS WHEREOF, The Sellers and Buyer have caused this instru- ment to be executed this,,`' � day of December, 1975. -4- Jph B. Moore Jane E. R. Moore Exhibit A Description: That part of Government Lot Four (4), Section Thirty -three (33), Township One Hundred Seventeen (117), Range Twenty- one-(21), described as follows: Commencing at a point in the West line of said Government Lot 4 distant 18 rods south of the Northwest corner thereof; thence South along the West line of said Lot 4 to the Southwest corner thereof; thence East along the South line of said Lot 4 to a point distant 978.5 feet west of the Southeast corner of said Lot 4; said point being the actual point of beginning of the tract of land to be described; thence East along the South line of said Government Lot 4 a distance of 368 feet to a point 37 rods west of the Southeast corner of said Lot 4; thence North parallel with the East line of said Lot 4 a distance of 20 rods, more or less, to an intersection with a line which commences 47 rods west of the East line and 40 rods North of the South line of said Government Lot 4, and which runs in a southeasterly direction to a point in the East line of Government Lot 5 in said Section 33 distant 50 rods South of the Northeast corner of said Lot 5; thence Northwesterly along said aforementioned line to a point 40 rods south of the North line of said Lot 4 and 47 rods west of the East line of said Lot 4; thence west parallel with North boundary line thereof three rods; thence northwesterly to a point formed by the intersection of a line drawn northerly from the actual point of beginning, parallel with the East line of said Lot 4, with a line drawn from the initial point of commencement to a point hereinabove described as being 40 rods south of the North line and 50 rods west of the East line of said Government Lot 4; thence from said point of intersection southerly parallel with the East line of said Lot 4 to the actual point of beginning, according to the Government Survey thereof, Hennepin County, Minnesota. Subject to easement in public road along portion of the South line of said land as shown in Deed Document No. 215829, Files of Registrar of Titles; also Subject to a building restriction as contained in Deed Document No. 215829, Files of Registrar of Titles. Exhibit B PROMISSORY NOTE $75,000.00 Edina,.Minnesota December jk, 1975 FOR VALUE RECEIVED, The CITY OF EDINA, a Minnesota municipal corporation, does hereby promise to pay to JOSEPH B. MOORE and JANE E. R. MOORE, husband and wife, the principal sum of Seventy-five Thousand and No /100 Dollars ($75,000.00), together with interest on the unpaid balance thereof from and after April 1, 1976 at the rate of six percent (6%) per The principal amount hereof shall be due and payable in five (5) annual installments of Fifteen Thousand and No /100 Dollars ($15,000.00) each commencing January 15, 1976, and continuing on each January 15th thereafter to and including January 15, 1980. Accrued interest shall be paid together with each principal installment payment. All payments due hereunder shall be made in lawful money of the United States at 5100 Grove Street, Edina, Minnesota 55436, or at such other address as may be designated by the payees by written notice to the City of Edina. The City of Edina hereby waives presentment, demand, protest, notice and diligence in the collection of all sums owing under this Note. This note is not negotiable and may not be assigned or transferred by the above named payees, and may not be enforced by any person or entities other than said payees or their heirs, representatives, administrators or executors. This Note shall be governed by and construed in accordance with the laws of the State of Minnesota. CITY OF EDINA is Mayor ty Manager