Loading...
HomeMy WebLinkAbout1976DORSEY, WINDHORST, HANNAFORD, WHITNEY 8e HALLAOAY JOHN W WINDHORST ROBERT J STRUYK HENRY HALLADAY MICHAEL A. OLSON JULE HANNAFORD LARRY W JOHNSON ARTHUR B, WHITNEY THOMAS S. HAY RUSSELL W. LINOOUIST G. LARRY GRIFFITH DAVID R. BRINK CRAIG A BECK HORACE E. HITLH DAVID L. WCUSKEY VIRGIL H. HILL THOMAS O. MOE ROBERT V. TARBOX JAMES H. O'HAGAN ROBERT J. JOHNSON JOHN K MASON MAYNARD B. HASSELOUIST MICHAEL W. WRIGHT PETER DORSEY LARRY L. VICKREY GEORGE P. FLANNERY LOREN R.KNOTT CURTIS L. ROY PHILLIP H. MARTIN ARTHUR E. WEISBERG REESE C. JOHNSON DUANE E. JOSEPH CHARLES J. HAUENSTEIN JAMES B.VESSEY CHARLES A. GEER WILLIAM A. WHITLOCK JOHN C. ZWAKMAN EDWARD J. SCHWARTZBAUER JOHN R. WICKS THOMAS M. BROWN EUGENE L. JOHNSON CORNELIUS D. MAHONEY, JR- JOHN W WINDHORST, JR. WILLIAM C. BABCOCK MICHAEL PRICHARD THOMAS 5. ERICKSON WILLIAM R. SOTH MICHAEL E. BRESS RICHARD G. SWANSON RAYMOND A. ROSTER FAITH L OHMAN JOHN J. TAYLOR DAVID A. RANHEIM BERNARD G. HEINZEN ROBERT J. SILVERMAN WILLIAM J. HEMPEL THOMAS R. MANTHEY JOHN S. HIBBS WILLIAM R. HIBBS ROBERT 0, FLOTTEN PHILIP F BOELTER JOHN D. LEVINE WILLIAM S. PAYNE 2300 FIRST NATIONAL BANK BUILDING MINNEAPOLIS,MINNESOTA 55402 (6112) 340 -2600 CABLE: DOROW TELEX: 29 -0605 TELECOPIER: (612) 340 -2868 1468 W -FIRST NATIONAL BANK BUILDING ST. PAUL,MiNNESOTA 66101 (612) 227 -8017 115 THIRD STREET SOUTHWEST ROCHESTER, MINNESOTA 55901 (507) 288 -3+66 Mr. Robert Dunn CITY OF EDINA 4801 West 50th St, Edina, Minnesota 55424 Dear Mr, Dunn: March 10, 1977 ROBERT A HEIBERG ROBERT L HOBBINS JOHN D. KIRBY BARRY D. GLAZER ROBERT A. SCHWARTZBAUER PETER 5 HENDRIXSON DAVID N. FRONEK NICK R. HAY THOMAS W. TINKHAM IRVING WEISER JON F. TUTTLE STEPHEN E. GOTTSCHALK EMERY W BARTLE THOMAS W ELKINS WILLIAM A. JOHNSTONE KENNETH L CUTLER STEVEN K CHAMPLIN DAVID M. OUI MILAN MICHAEL J. RADMER JAMES R. PIELEMEIER MICHAEL TRUCANO GARY M. JOHNSON JOHN P. VITKO THOMAS W FINN DON D. CARLSON JAY L BENNETT PAUL J. SCHEERER ROBERT G. BAYER DAN F NICOL SUZANNE B. VANOYK KENNETH A. IVERSON STUART R. HEMPHILL JAMES A FLADER J. DAVID JACKSON DAVID L. SOEHNEN W CHARLES LANTZ WILLIAM E. MARTIN DOUGLAS E. RAY FRANK H. VOIGT STEVEN F. WOLGAMOT WILLIAM H. HIPPEE, JR. J.MAROUIS EASTWOOD ROBERT A. BURNS EDWARD J. PLUIMER MICHEL A LAFOND KENNETH W. ERICKSON ROGER J. MAGNUSON OWEN C. MARX J. ROBERT HIBBS JAMES E. BOWLUS JAY F. COOK STANLEY M. REIN OF COUNSEL CHARLES L POTUZNIA DONALD WEST VERLANE L ENDORF WALDO F. MAROUART DENNIS P. BURATTI GEORGE E. ANDERSON GEORGEANN BECKER ROBERT LVANFOSSEN I am returning for your records the recorded Declaration and Protective Covenants on Lake Edina- - Village Replat, It was filed on March 1, 1977, as Document Number 1210523, MJ:th Enc. e' 77 A 6 I lene ruly yours, Johannsen DECLARATION AND PROTECTIVE COVENANTS WHEREAS, the City of Edina is the owner of certain property in the City of Edina described as follows: Lots 1, 2, and 3, Block 1; Lots 1 and 2, Block 2; Lest 4, Block. 1 x c e p t treat part I n thea., LorIy of a line : u. -n i n(: crom a point on the Nor, heasterly line of said Lot 4, which point is 5 feet Northwesterly of the most Easterly corner of said Lot 4, to a point on the Southwesterly line of said Lot 4, which point is 10 feet Northwesterly of the most Southerly corner of said Lot 4 as measured along said Southwesterly line (for purposes hereof designated as, and deemed to be, a lot); That part of Lot 4, Block 1, lying Southeasterly of a line running from a point on the Northeasterly line of said Lot 4, which point is 5 feet Northwesterly of the most Easterly corner of said Lot 4, to a point on the Southwesterly line of said Lot 4, which point is 10 feet Northwesterly of the most Southerly corner of said Lot 4 as measured along said Southwesterly line; and Lot 5, Block 1, except that part lying Southeasterly of a line running from a point on the Northeasterly line of said Lot 5, which point is 10 feel-. Northwesterly of the most Easterly corner of said Lot 5, to a point on the Southwesterly line of said Lot 5, which point is 20 feet Northwesterly of the most Southerly corner of said Lot 5 as measured along said Southwesterly line (for purposes hereof designated as, and deemed to be, a lot); Lot 6, Block 1, and that part of Lot 5, Block 1, ly_'IrT Southeasterly of a line running from a point on the Northeasterly line of said Lot 5, which point is 10 feet Northwesterly of the most Easterly corner of said Lot 5, to a point on the Southwesterly line of said Lot 5, which point is 20 feet Northwesterly of the most Southerly corner of said Lot 5 as measured along said Southwesterly line (for purposes hereof designated as, and deemed to be, a lot); All in Lake Edina - Village Replat, according to the plat thereof of record on file in the office of the Registrar of Titles in and for Hennepin County, Minnesota; [the above described lots being hereinafter called the "Subject Property "]; and WHEREAS, the Subject Property, except Lot 1, Block 1, said plat of Lake Edina- Village Replat, was previously subject to certain conditions and restrictions as contained in Document No. 715717, files of the Registrar of Titles, rennepin County, Minnesota, dated January 2, 1963, and filed on January 4, 1963; and k WHEREAS, the conditions and restrictions contained in paragraphs 1, 4, 6, and 12 in said Document No. 715717 were removed by order of the District Court dated November 23, 1971, and filed November 30, 1971, in the office of the Registrar of Titles, Hennepin County, Minnesota, as Document No. 1016435, and the Subject Property, therefore, is free of the conditions and restrictions set out in paragraphs 1, 4, 6, and 12 in said Dcoument No. 715717, but is yet subject (except for said Lot 1, Block 1, of said plat) to all the conditions and restrictions contained in the balance of said document; and WHEREAS, the City of Edina now desires to impose the following additional restrictions upon the Subject Property, and further desires to impose upon said Lot 1, Block 1, of said plat the following restrictions and also the conditions and re- strictions contained in said Document No. 715717 except those set forth in paragraphs 1, 4, 6, and 12 thereof, so that all. of the Subject Property will be subject to the same conditions and restrictions. NOW, THEREFORE, the City of Edina does hereby impose the following restrictions upon each and all of the lots in the Subject Property, which restrictions are for the benefit of each and all of the lots in the Subject Property and every other lot in the plat of Lake Edina 3rd Addition, Hennepin County, Minnesota, and shall operate as equitable restrictions or easements passing with the conveyance of each and all of the lots in the Subject Property, and shall apply to and bind every successor in interest of the City of Edina, and are imposed upon the Subject Property as a servitude in favor of every lot within the Subject Property and every other lot in said plat of Lake Edina 3rd Addition: -2- 1. No buildings shall be erected, placed, altered, or permitted to remain on any lot in the Subject Property other than one detached, single- family dwelling with a two -car private garage attached to such dwelling, to be used only as a residence for a single family. On each lot in the Subject Property, any dwelling thereon shall contain, exclusive of the basement, open porch, and garage, at least Nine hundred (900) square feet of area on the first floor for a two -story dwelling, and One thousand (1,000) square feet of area on the first floor for a one - and -a -half or single -story dwelling. 2. All of the conditions and restrictions contained in said Document No. 715717, except those found in paragraphs 1, 4, 6, and 12, are also hereby reimposed upon all of the Subject Property. 3. If any person shall violate or attempt to violate the foregoing restrictions, it shall be lawful for any person or persons owning any interest in any lot to be benefited by the above restrictions,or the City of Edina as to the restriction imposed by paragraph 7 in said Document No. 715717, to institute and prosecute proceedings at law or in equity against the party or parties violating or attempting to violate such restrictions, either to prevent such violation or to recover damages therefor. 4. The above restrictions shall run with the land and be binding on all parties and persons claiming an interest therein until January 1, 1989. IN WITNESS WHEREOF, the City of Edina has caused these presents to be duly executed this day of , 1977. In Presence of: CITY by /, -3- .L l_ J L. v 1 4 TA STATE OF MINNESOTA ] ] COUNTY OF HENNEPIN ] On this _ r day of L 1977, before me, a Notary Public within and for said County, personally ap- peared JAMES VAN VALKENBURG and FLORENCE B. HALLBERG, to me —E,rc na? 1 y known, who, hei nn each by me duly sworn, d4,1 ay that they are respectively the Mayor and the Clerk of the CITY OF EDINA, the corporation named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its City Council, and said JAMES VAN VALKENBURG and FLORENCE B. HALLBERG acknowledged said instrument to be the free act and deed of said corporation. -4- THOMAS S. ERLCKSON NOTARY PUBLIC - MINPIESOTA. HENNEPIN COUNTY My Commission Expires Jun. 26, 1980 v�5"IYK'Vr�iY'�WY1►r 210523 REGISTEIZED ........................... OFFICE OF REGISTRAR OF TITL95 STATE OF %UNNESOTA C0,0NI-Y OF HIMNEPIN that tb,e within fmtwn here-by certify was tiled in this Office Of' 1W day Of MAR A-D. 1977 At to O'clock M, FEs-STRAR OF TITLES. BY DEPUTY REGISTRAR OF Trf vJti�J 1.844 ?ARIE 556275 vrTriflo Ir I97G the City of Edina Owner.(s.) IMPORTANT In dealing with the land described in this certificate, the names of the parties and descrip- tion of property should be ex- actly the same as written herein. 4"ftvl � 'r Rffmffi-vemmu 5136 jas ATTENTION DELAY and EXPENSE will be caused by the loss of this certificate. MEMORIAL (Continued) DOCUMENT NUMBER KIND OF INSTRUMENT DATE OF INSTRUMENT DATE OF REGISTRATION I AMOUNT RUNNING IN FAVOR OF SIGNATURE OF DEPUTY REGISTRAR Month Day Year Month Day Year Hour 1210523 Declaration Feb 14 1977 Mar 1 1977 1 :45 Creating restrictions until Jan 1 198 F0.' CERTIFICATE OF TITLE Transfer from No. 543153 A.' D. 1950 M 556275 DISTRICT COURT No-(s) 9720 Originally registered the 8th day of February Volume 495 page 151320 STATE of MINNESOTA, REGISTRATION COUNTY of HENNEPIN. This is to certify that the City of Edina, a Minnesota municipal corporation of 4801 West 50th Street, City of Edina, County of Hennepin, State of Minnesota is now the owner(s) of an estate in fee simple of and in the following described land situated in the County of Hennepin and State of Minnesota, to wit: Lot 1, Block 1; Lots 1 and 2, Block 2; Lake Edina Village Replat, according to the plat thereof on file or... Or:revrd' ?`;<tYkc' ;ire of the Registrar aP Titles in and for said County. i• Subject to utility easements as shy c�n:.lat Subject to a limitation of the right` of accessa�r f�prr>';a� Q` @v lend to certain described strips as acquired by the State in deed Doc. No. 1019952, Files of RegistrarC? 2"le Subject to snow fence easements now over that portion of the premises described in instruments on file and of record in the office of the Register of Deeds of Hennepin County, Minnesota found in Book 358 of Miscellaneous Records, page 16 and in Book 366 of Miscellaneous Records, page 121; Subject to the encumbrances, liens and interest noted by the memorial underwritten or endorsed hereon; and subject to the following rights or encumbrances subsisting, as provided in the twenty- fourth section of "An act concerning the registration of land and the title thereto" of the General laws of the State of Minnesota for the year 1905, and the amendments thereof, namely: 1. Liens, claims or rights arising under the laws or the constitution of the United States, which the statutes of this state cannot require to appear of record. 2. The lien of any tax or special assessment for which the land has not been sold at the date of . February 22, 1977. 3. Any lease for a period not exceeding three years, when there is actual occupation of the premises under the lease. 4. All rights in public highways upon the land. 5. Such right of appeal or right to appear and contest the application as is allowed by law. 6. The rights of any person in possession under deed or contract for deed from the owner of the certificate of title. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of my office this Twenty -fifth day of October 1977 MEMORIAL OF ESTATES, EASEMENTS OR CHARGES ON THE LAND DESCRIBED IN THE Wayne A. Johnson Registrar of Titles, In and for the C n of Hennepin and State of Minnesota. By . DEPUTY CERTIFICATE OF TITL HERETO ATTACHED. SEE OVER DOCUMENT KIND OF DATE OF INSTRUMENT DATE OF REGISTRATION AMOUNT RUNNING IN FAVOR OF SIGNATURE OF DEPUTY REGISTRAR NUMBER INSTRUMENT Month Day Year Month Day Year Hour Easement for Village of Edina from Dale Green & Sanitary Melvina Green, hus & wf. Granting 526747 Sewer Mar 11 1957 Apr 9 1957 8:30 an easement in perpetuity for sanitary sewer purposes &c now over pt ofLl, Bl. Declaration Creating conditions &restrictions of Conditions which shall run until Jan 1, 1989 & 715717 & Restric- Jan 2 1963 Jan 4 1963 1 easements (Now as to all of Lt 1, tions B 1 &all of Lts 1& 2, B 2 Directing that above land is free of Order the conditions, restrictions & 1016+ of Court Nov 2 1971_ Nov 0 1 10 easements set forth in Pars 1 4 6 & 12 of Doc. No. SEE OVER SEE OVER