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STATE OF MINNESOTA
COUNTY OF HENNEPIN 763 272
Clarence A. Lowe,
Plaintiff,
VS.
04 ox,
The First National Bank of Hopkins, a
'United States Corporation, all unkncl:n
heirs of Joseph Roushar, deceased,
Amanda Roushar, Joseph Tesarek, Anna Tesarek,
Allan W. Garrison, Helen May Garrison,
aka Helen M. Garrison, John R. Paulson,
Lois V. Paulson, Nora K. Fergestad, Lancer
Stores, Inc., a Minnesota Corporation,
David E. Thomas, Jr., Virginia S. Thomas,
County of Hennepin, a body politic and
corporate under the laws of the State of
Minnesota, Minnesota Gas Company, a
Delaware Corporation, Northwestern Bell
Telephone Company, an Iowa Corporation,
Morris Chaffen, Guaranty State Bank of
St. Paul, a Minnesota Corporation, the
United States of America, the City of
Edina, a Minnesota Corporation, Sonja
Lazear, Marcia Holabird and Mina Fergestad,
heirs of Marvin L. Fergestad, deceased,
also all unknown heirs of Marvin L.
Fergestad, deceased, Allan W. Garrison
as Trustee for Edina Estates, Inc., a
Minnesota Corporation, Bar -Ett Invest-
ment Company, a Partnership, M. L. Baratz
Investment Company, a Partnership, B. B.
$ B. Investment Company, a Partnership,
Dupont Investment Company, a Partnership,
also all other persons unknown claiming any
right, title, estate, interest or lien in the
real estate described in the Complaint herein.
Defendants.
DISTRICT COURT
FOURTH JUDICIAL DISTRICT
AMENDED JUDGMENT
March 26, 1980
The above - entitled action having been regularly placed upon the calendar
of the above -named Court for the September A.D. 1979 General Term thereof,
came on for trial before the Court on the 13th day of March, 1980, and the
Court, after hearing the evidence adduced at said trial and being fully advised
in the premises, did, on the 14th day of March, 1980, duly make and file its
findings and order for judgment herein, and thereafter, on the 25th day of
March, 1990, the Court did make and file its order amending said judgment.
Now, pursuant to said order and on motion of Barry L. Wittenkeller, Esquire,
,i. Attorney for the plaintiff, IT IS HEREBY ADJUDGED AND DECREED:
1. That the plaintiff, Clarence A. Lowe is the owner of the property
described as follows, to -wit:
That part of the Northwest Quarter of the Nortinaest Quarter
of Section 7, Township 116, North, Range 21 West of the
Sth Principal Meridian, Hennepin County Minnesota, described
as follows:
- 1 - -
763 272,
.s
M
Beginning at a point in the West line of said Northwest
Quarter of said Northwest Quarter distant 663.35 feet, south
of the Northwest corner thereof; thence Southerly, along said
west line of the Northwest Quarter of the Northwest Quarter to
the intersection with a line drawn 50 feet northerly of,
measured at a right angle to and parallel with Line "A" herein -
after described ;tthence easterly, parallel with said Line "All
to the intersection with a line drawn 33 feet easterly of,
measured at a right angle to and parallel with the west line
of said Northwest Quarter of the Northwest Quarter; thence
northerly, along a line parallel with the'west line of said
Northwest Quarter of the Northwest Quarter to a point therein
distant 30 feet northerly from Line "Z" hereinafter described;
thence deflecting to the right at an angle of 141 degrees 50
minutes 15 seconds, a distance of 32.37 feet, more or less,
to the intersection with a line drawn 53 feet easterly of,
measured at a right angle to and parallel with the west line
of said Northwest Quarter of the Northwest Quarter; thence
northerly, parallel with the west line of said Northwest
Quarter of the Northwest Quarter, a distance of 49.33 feet,
more or less, to the intersection with a line drawn 20 feet
southerly of, measured at a right angle to and parallel with
the southerly right of way line of vacated County Road No. 39;
thence northeasterly, along a line parallel with the southerly
right of way line of said vacated County Road No. 39, to the
intersection with a line 40 feet westerly of, measured at a
right angle to and parallel with Line "B" hereinafter described;
thence northerly along a line parallel with said Line "B" to an
intersection with a line drawn easterly from the point of
beginning and at a right angle to the west line of said North-
west Quarter of the Northwest Quarter; thence westerly, along
said right angle line, to the point of beginning.
Line "A ":
Commencing at a point in the south line of the Southwest Quarter
of the Northwest Quarter of Section 7, Township 116, Range 21,
distant 437.5 feet east of the southwest corner thereof; thence
northerly at an angle of 91 degrees 13 minutes (as measured
from {hest to North) to the intersection with the south line of
the Northwest Quarter of the Northwest Quarter of said Section
7; thence continue northerly, along last described course,
127.74 feet to the point of beginning of Line "A "; thence
deflecting to the left at an angle of 80 degrees a distance of
600 feet and there terminating.
Line "Z": '
Commencing at the southwest corner of the Northwest Quarter
of Section 7, Township 116, Range 21; thence on an assumed
bearing of North 3 degrees 43 minutes 43 seconds west, along
the west line of said Northwest Quarter, a cistance of 1617.90
feet to the point of beginning of Line "Z "; thence South 80
degrees 03 minutes 13 .seconds east, a distance of 213.23 feet
and there terminating.
Line "B":
Commencing at a point in the south line of the Southwest Quarter
of the Northwest Quarter of Section 7, Township 116, Range 21,
distant 437.5 feet east of the southwest corner thereof; thence
northerly at an angle of 91 degrees 13 minutes (as measured
from west to north), a distance of 1468.20 feet; thence
northwesterly, deflecting to the left, an angle of 80 degrees
00 minutes, a distance of 271.57 feet to the point of beginning
of Line "B"; thence northerly, deflecting to the right, an
angle of 93 degrees 30 minutes, a distance of 5$9.47 feet and
there tviminating.' - -
Also that part of the Northwest Quarter of the Northwest Quarter
of Section 7, Township 116, Range 21, Hennepin County, Minnesota
described as follows:
- 2 -
J
763 272
Commencing at the southwest. corner of the Northwest Quarter of .
said Section 7; thence on an assumed bearing of North 3 degrees,
43 minutes, 43 seconds Nest, along the west line of said North-
west Quarter, a distance of- 1576.73 feet; thence South 80 degrees,
03 minutes, 13 seconds East? along a line hereinafter referred
to as "Line X ", a distance.of 234.90 feet, thence North 13
degrees, 27 minutes, 33'seconds East, along a line hereinafter -
referred to as "Line Y", a•distance of 40.08 feet to the inter-
section with a line parallel with and 40.00 feet northerly,
measured at a right angle, from said "Line X", and said parallel
line to be hereinafter referred to as "Line Z "; thence Northerly
along said "Line Y" a distance of 199.97 feet, more or less, to
its intersection with the southerly right of way line of vacated
County Road No. 39, said point of intersection being the actual
point of beginning of the land to be described; thence Southerly.
along said "Line Y" to the beginning of a curve concave to the
northwest having a radius of 36.00 feet, said "Line Y" and said
"Line Z" are tangent to said curve; thence southwesterly and
westerly along said curve to its point of tangency with said
"Line Z"; thence westerly along said "Line Z" to a point 30.00
feet easterly from its intersection with a line parallel with
and 33.00 feet east of the west line of said Northwest Quarter
of the Northwest Quarter; thence northwesterly to a point on
the last described parallel line 30.00 feet northerly from its
intersection with said "Line Z"; thence north along the last
described parallel line to the southerly right of way line of
vacated County Road No. 39; thence easterly along said right of
way line to the point of beginning. EXCEPT the northerly 20.00
feet of the above described land, and EXCEPT that part of the
above described land lying west of a line 53.00 feet east from
and parallel with the west line of said Northwest Quarter of
the Northwest Quarter.
2. That the defendants have no right, nor claim, nor interest in said
property with the exception of those rights reserved by Stipulation between
Plaintiff and defendants, County of Hennepin, a body politic and corporate
under the laws of the State of Minnesota, Minnesota Gas Company, a Delaware
Corporation, and City of Edina, a Minnesota Corporation filed with the Court.
JUDGMENT ROLL
AMENDED:
rely.' March 26, 1980
C
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bd d icua joy crxcert ccryy of thu
9figjatj cn tilt) and nt record in rliy oftioo.
MAR 1-00
.Il1C�i rd.'rHU;VU,: !},sL 4t:aiirvfu,;t�slK
- 3 -
BY THE COURT
F
DISTRICT COURT ADMINISTRATOR
By C' .. L, :��
Deputy
MAR 26 ISt-0
FINANCE DIVf8i: ,
HENNEPIN COUNTY, t si�i�:•
€3 €f'LIT
ti
}
STATE OF MINNESOTA F L rc DISTRICT COURT
COUNTY OF HENNEPIN MAR r3QFOURTH JUDICIAL, DISTRICT
JA K. " ROVO
Clarence A. Lowe, OISi. CT.! HENN, Co.
Plaintiff,
LIPI&M
The First National Bank of Hopkins,
a United States Corporation, all
unknown heirs of Joseph Roushar,
deceased, Amanda Roushar, Joseph
Tesarek, Anna Tesarek, Allan W.
Garrison, Helen May Garrison, aka
Helen M. Garrison, John R. Paulson,
Lois V. Paulson, Nora K. Fergestad,
Lancer Stores, Inc., a Minnesota
Corporation, David E. Thomas, Jr.,
Virginia S. Thomas, County of
Hennepin, a body politic and
corporate under the laws of the
State of Minnesota, Minnesota Gas Court File No. 763272
Company, a Delaware Corporation,
Northwestern Bell Telephone Company,
an Iowa Corporation, Morris Chaffen,
Guaranty State Bank of St. Paul, a
Minnesota Corporation, the United
States of America, the City of
Edina, a Minnesota Corporation, Sonja
Lazear, Marcia Holabird and Mina
Fergestad, heirs of Marvin L.
Fergestad, deceased, also all
unknown heirs of Marvin L. Fergestad,
deceased, Allan W. Garrison as
Trustee for Edina Estates, Inc., a
Minnesota Corporation, Bar -Ett Invest-
ment Company, a Partnership, M. L.
Baratz Investment Company, a
Partnership, B. B. & B. Investment
Company, a Partnership, Dupont
Investment Company, a Partnership,
also all other persons unknown
claiming any right, title, estate,
interest or lien in the real estate
described in the Complaint herein,
Defendants.
STIPULATION
WHEREAS, Clarence A. Lowe, hereinafter referred to
as plaintiff, has commenced an action in the above entitled
matter, District Court Case No. 763272, to determine adverse
claims to certain real property as described in the Summons
'and Complaint, and
ar.
WHEREAS, the City of Edina, a Minnesota Corporat; on,
hereinafter referred to as defendant, is one of th,! vr_,fendiants
listed in the said Summons and Complaint as appearing to claim
some estate, interest, in or lien on the said property, as
de-!-cribed in the Summons and Complaint, and
WHEREAS, the parties wish to enter into this
Stipulation resolving all claims and demands of every kind,
character and description arising by reason of the ssuid action,
NOW THEREFORE, in furtherence of the above - stated
purpose, the parties agree as follows:
I. That the defendant, City of Edina shall be
en1--itled to retain an easement in perpetuity for all utiyizy
and drainage purposes, including water lines, storm sewer li.-nes
and sanitary sewer lines, including the right to enter for the
purpose of constructing, maintaining, altering, repairing and
reconstructing utility and drainage systems in, under_ and over
that portion. of Property so donated and dedicated for such
put-pose in that certain proposed plat entitled "T,oWe First
Addition" surveyed by Egan, Field & Nowak, Inc., Surveyors,
a copy of which is attached hereto marked Exhibit "A" and mado
a part. hereof.
2. That any subsequent judgment rendered in
plaintiff's favor in this matter, shall reflect the interest
retain °d h2re'n by the defendant, City of Edina.
3. That defendant, City of Edina, shall not be
respoi- Isible for any costs and disbursements incurred by and
awardr_d to plaintiff in the above- entitled matter.
-2-
_
4. That in return for the above Stipulations,
the defendant, City of Edina,agrees to withdraw its Answer to
the Complaint, herein, thereby releasing any and all claims,
save those retained herein.
Dated: //" Id rc
arence A. Lowe
INCE, TISCHLEDER & ASSOCIATES
By r };0r
Barry L.
Attorney
135 West
Blooming
887 -6800
Wittenkeller
for Plaintiff
97th Street
Lon, Mn. 55420
fA� Or ihIYNESOTrj CUUMY OF 10NNEPIi
l tttlkhi�:tp baa•trua an�.c rred copy of tt�"
tr+g:s l nfl Fiia snd-of, r d In my office.
MAR 4,"D 130
�KA!t ;.f33At]i. Dist: Ct. Administrator
Deputy
CITY OF EDINA
By
Its
DORSEY, WI H2O 'S''I', /HANNAFORD,
WHITNEY ,� L AY. i
M
,sonn -n. Linastrom
Attorney for City of Edina
2300 First National Bank Bldg.
Minneapolis, Mn. 55402
340 -2989
A
S
4. That in return for the above Stipulations,
the defendant, City of Edina,agrees to withdraw its Answer to
the Complaint, herein, thereby releasing any and all claims,
save those retained herein.
Dated: //" Id rc
arence A. Lowe
INCE, TISCHLEDER & ASSOCIATES
By r };0r
Barry L.
Attorney
135 West
Blooming
887 -6800
Wittenkeller
for Plaintiff
97th Street
Lon, Mn. 55420
fA� Or ihIYNESOTrj CUUMY OF 10NNEPIi
l tttlkhi�:tp baa•trua an�.c rred copy of tt�"
tr+g:s l nfl Fiia snd-of, r d In my office.
MAR 4,"D 130
�KA!t ;.f33At]i. Dist: Ct. Administrator
Deputy
CITY OF EDINA
By
Its
DORSEY, WI H2O 'S''I', /HANNAFORD,
WHITNEY ,� L AY. i
M
,sonn -n. Linastrom
Attorney for City of Edina
2300 First National Bank Bldg.
Minneapolis, Mn. 55402
340 -2989
A
S