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HomeMy WebLinkAbout2123880 WEST-FIRST NATIONAL BANK BUILDING ST. PAUL, MINNESOTA 55101 (612) 227- 8017 P. 0. BOX 848 340 FIRST NATIONAL BANK BUILDING ROCHESTER, MINNESOTA 55903 (507) 288-3156 312 FIRST NATIONAL BANK BUILDING WAYZATA, MINNESOTA 55391 (612) 475-0373 Z /Z3 DORSEY & WHITNEY A Partnership Including Professional Corporations 2200 FIRST BANK PLACE EAST MINNEAPOLIS, MINNESOTA 55402 (612) 340-2600 TELEX: 29 -0605 TELECOPIER c (612) 340 -2868 Mr. Gordon L. Hughes City of Edina 4801 West 50th Street Edina, Minnesota 55424 THOMAS S. ERICKSON, P. A. (612) 340 -2659 May 2, 1983 Re: Marthe Woods Hill Addition Dear Gordon: 201 DAVIDSON BUILDING 8 THIRD STREET NORTH GREAT FALLS, MONTANA 59401 (406)727-3632 SUITE 675 NORTH 1800 M STREET N. W. WASHINGTON, D. C. 20036 (202)296-2780 30 RUE LA BOETIE 75008 PARIS, FRANCE TEL-(I) 562 32 50 I enclose herewith a Title Opinion from Doherty, Rumble & Butler addressed to the City of Edina, to my attention, on the property owned by Roger C. Evanson and Marilyn B. Evanson, husband and wife. Also enclosed is an Easement for Public Road Purposes signed by Mr, and Mrs. Evanson granting a public road easement over the West 5 feet and the East 10 feet of the West 48 feet of the property described in the Title Opinion. You will note the Easement has been recorded in the of- fice of the County Recorder on March 16, 1983 as Document No. 4778408. I send these to you for your file in connection with the above referenced plat. As we discussed, there are two mortgages against the property over which the public road easement exists, but you have been advised by Mr. Evanson that both of those mortgages would be released as to our easement, or satisfied, or that the mortgagees would execute and deliver subordination to our easement, sometime around May 6. I suggest you pursue that matter with Mr. Evanson in due course. TSE:jd enclosures If you have any questions, please advise. Very truly yours, Thomas S. Erickson MI CHAELJ.DOHERTY 11882 -19731 WI LFRID E. RUMBLE (1891 -1971) PIERCE BUTLER,JR.(1893 -19571 J. C. FOOTE IRVING CLARK TH EO PHIL RUSTERHOLZ FRANK CLAYBOURNE PIERCE BUTLER JOHN L. HANNAFORD PERRY M.WILSON,JR. J EROME HALLORAN JOSEPH M.FJNLEY HENRY D.FLASCH EUGENE M. WARLICH JAMES K.WITTENBERG ROBERT L. DAVIDSON JOHN J. MSG IRL,JR. THOMAS E. ROHRICHT So YD H. RATCHYE BURTON G. ROSS RALPH K. MORRIS BRUCE E. HANSON J. LAWRENCE MSINTYRE RICHARD A.WILHOIT WILLIAM J.COSGRIFF RICHARD B. PETERSON RONALD A. ZAMANSKY DEAN R. EDSTROM C. ROBERT BEATTIE DAV ID G. MARTI N STEPHEN T.REFSELL GEORGE L. MAY WILLIAM J. HARGIS JONATHAN P.SCOLL TIMOTHY R. OUINN ALAN I. SILVER ROBERT H.WENNER Z /23 DOHERTY, RUMBLE & BUTLER PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW 3750 IDS TOWER MINNEAPOLIS, MINNESOTA 55402 TELEPHONE (612) 340 -5SSS TELEX 290 -63S WRITERS DIRECT DIAL NUMBER 340 -5578 SAINT PAUL OFFICE ISOO FIRST NATIONAL BANK BUILDING SAINT PAUL, MINNESOTA SSIO1 TELEPHONE (612) 291 -9333 April 20, 1983 City of Edina 4801 West 50th Street Edina, Minnesota 55424 Attention: Thomas Erickson, 111,1 qpq , ,, City Attorney ELLEN HIGGINS JAMES R. CRASSWELLER BRUCE C. FAULKEN JEFFREY B.OBERMAN CYNTHIA S. ROSENBLATT GREGORY A. KVAM CARTER G. BISHOP RICHARD H.ZEHRING NEVIN R.HARWOOD ROBERT S. BRILL PENELOPE A. HUNT MARC W. LARSON DAVID P. DYSON THOMAS A. CONNOP JANICE L.OZZELLO ELIZABETH HOENE MARY E. PROBST LISA M. HURWITZ ANN HART WERNZ KAREEN R. ECKLUND PHILIP L. ERICKSON WILLIAM L.SIPPEL BRENT D. BOSTROM LUCINDA HRUSKA- CLAEYS ANN E.TOBIN R. RUSSELL MATHER CRAIG D. NORMAN STEPHEN C. BEACH DONALD S. MSCAULEY WESTON C. LOEGERING OF COUNSEL FRANCIS D. BUTLER HAROLD JORDAN DANIEL W.O'BRIEN WILLIAM B.RANDALL Re: The South 148.6 feet of the North 981.6 feet of the West 224 feet of the Southeast 1/4 of the Southwest 1/4 of Section 8, Township 116, Range 21. Dear Mr. Erickson: We have caused to be examined the Abstract of Title certified to as of April 1, 1983, at 7:00 a.m. by Title Insurance Company of Minnesota, as to the premises situated in Hennepin County, Minnesota, described as follows: The South 148.6 feet of the North 981.6 feet of the West 224 feet of the Southeast 1/4 of the Southwest 1/4 of Section 8, Township 116, Range 21. From such examination, assuming the Abstract of Title to be correct and complete, we are of the opinion that on said date the premises were owned in fee simple by Roger C. Evanson, a /k /a R. C. Evanson and Marilyn B. Evanson a /k /a Marilyn Bernice Evanson, husband and wife as joint tenants. Such ownership is subject to the following: 1. A Mortgage dated September 20, 1972, and filed September 28, 1972, as Document No. 3973734, from Thomas J. Weiseth and Diana M. Weiseth, husband and wife, to DOHERTY, RUMBLE & BUTLER City of Edina April 20, 1983 Page Two Eberhardt Company, a Minnesota corporation in the original amount of $32,400; assigned to Commercial Federal Savings and Loan Association dated October 10, 1972, and filed October 13, 1972, as Document No. 3976694. 2. A Mortgage dated January 20, 1983, and filed February 18, 1983, as Document No. 4773065, from Roger C. Evanson a /k /a R. C. Evanson and Marilyn B. (Bernice) Evan- son, husband and wife, to Minnesota Federal Savings and Loan Association (a United States of America corporation) in the original amount of $5,000 due and payable on January 15, 1986. This Mortgage contains a provision for acceleration of the unpaid balance of the Mortgage if the property is sold, unless prior approval of the buyer is given by the Mortgagee. 3. Easement for public road over the West 48 feet is granted to the City of Edina in Document Nos. 4557858 and 4778408. 4. The Surveyor's Certificate filed as Document No. 4057491 indicates that there is an overlap of approxi- mately three one - hundredths of a foot on the line which is the South line of this property and the North line of Lot 3, Block 1, Windsor Addition. 5. An Affidavit should be obtained stating that the Mortgage referred to in Document No. 4773065 which reference is "Subject to a mortgage dated 9/29/72 to said party of the second part, securing the sum of $32,400 ", was in fact intended to refer Mortgage then of record as Docu- ment No. 3973734. 6. Real estate taxes due and payable in the year 1983 in the amount of $1,540.94. 7. The Abstract of Title does not contain a search for existing special assessments on the property. Your attention is directed to the possibility of public improvements recently authorized, now in process, or recently completed, out of which special assessment liens might arise and to the further possibility of deferred assessments, the collection of which is postponed until the happening of some future occurrence, act or event. DOHERTY, RUMBLE & BUTLER City of Edina April 20, 1983 Page Three Your attention is directed to any applicable zoning, building or use regulations by governmental bodies or regulatory agencies restricting the use, subdivision, or improvement of the premises. The property is subject to such matters as would be disclosed by an accurate survey of the premises and to the possibility of encroachments on the lines of said property by adjoining buildings, fences or other structures, out of which claims of adverse possession might arise and to the further possibility of the existence of roads, paths or other ways across the premises out of which claims of ad- verse user might arise. You are charged with the notice of the rights of any persons who may be in possession of said premises, or who may have furnished material or performed labor in the improvement thereof within the past 90 days out of which mechanic's or other liens might arise. Very truly yours, DOHERTY, RUMBLE & BUTLER PR ESSIONAL ASSOCIATION rlz-1.66 nathan P. Scoll JPS:KSR:acb cc: Roger C. Evanson James Van Valkenberg 4778408 ZIZ3 EASEMENT FOR PUBLIC ROAD PURPOSES THIS INSTRUMENT, Made this day I�a� 1983, by and between Roger C. Evanson and Marilyn Evanson, husband and wife, of the County of Hennepin and State of Minnesota, parties of the first part, and the City of Edina, a municipal corporation organized under the laws of the State of Minnesota, party of the second part; WITNESSETH, That the said parties of the first part, in consideration of One and No /100 Dollars ($1.00), to them in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, do Grant, Bargain, Sell, Convey, and Warrant to said party of the second part an Easement in perpetuity for public road purposes, in, under, and over the following described property situated in the County of Hennepin and State of Minnesota, to -wit: The West 5 feet of the South 148.6 feet of the North 981.6 feet of the West 224 feet of the Southeast Quarter of the South- west Quarter, Section 8, Township 116 North, Range 21 West. The East 10 feet of the West 48 feet of the South 148.6 feet of tre North 981.6 feet of the West 224 feet of the South- east Quarter of the Southwest Quarter, Section 8, Township 116 North, Range 21 West. r ' Not I F.F'M MILL F GF PROPi:R7Y TAXA T ION w � r� y IN WITNESS WHEREOF, The said parties of the first part have hereunto set their hands and seal the day and year first above written. AND Ro a C. Evanson Marilyn E nson STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this day of A.D. 1983, before me, a Notary Public within and for said County, personally appeared Roger C. Evanson and Marilyn Evanson, husband and wife, to me personally 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. $RMt'J H + NQ;7eR'N" — M�NA1ESOTA W&04 "W COUNTY � � � r ✓� C /cam � � /li���� � M omm. £xR. Jae. 18. t68B tl (Notarial Seal) THIS DOCUMENT IS EXEMPT FROM DEED TAX This instrument was drafted by: City of Edina 4801 [Test 50th Street Edina, Minnesota 55424 4'778408 '0; 3 v Cr. I NO FEE REQUIRED N Y 1S.03 MAR 16 PM 2: 39 - Aos Ofa-4- 40/y 880 WEST -FIRST NATIONAL BANK BUILDING ST. PAUL, MINNESOTA 55101 (612) 227- 8017 P. O. BOX 848 340 FIRST NATIONAL BANK BUILDING ROCHESTER, MINNESOTA 55903 (507) 288-3156 312 FIRST NATIONAL BANK BUILDING WAYZATA, MINNESOTA 55391 (612) 475-0373 ZiZ3 DORSEY & WHITNEY A Partnership Including Professional Corporations 2200 FIRST BANK PLACE EAST MINNEAPOLIS, MINNESOTA 55402 (1512):340-2600 TELEX: 29-0605 TELECOPIER: (612) 340-2868 THOMAS S. ERICKSON, P. A. (6121 340 -2659 May 2, 1983 Mr. James Van Valkenburg Thomsen, Nybeck et al 7250 France Avenue South #102 Edina, Minnesota 55435 Re: Evanson - Niarthe Court Dear Jim: 201 DAVIDSON BUILDING 8 THIRD STREET NORTH GREAT FALLS, MONTANA 59401 (406)727 -3632 SUITE 675 NORTH 1800 M STREET N. W. WASHINGTON, D. C. 20035 (202)Z96-2780 30 RUE LA BOETIE 75008 PARIS, FRANCE TEL-. (1) 562 32 50 I have now received from Jon Scoll the desired Opinion on the property of Mr. and Mrs. Evanson on Marthe Court. You also have a copy. As you have noted, there are two mortgages of record which are prior to the City's easement. Gordon Hughes advises me that Mr. Evanson has ad- vised him that those mortgages will be released or satisfied, or the mortgagees will subordinate to the City easements, on or about May 6. The City does require that those mortgages be released, satisfied or sub- ordinated, and we request that you assist in obtaining such releases, satisfactions or subordination. Thank you for your continued help and cooperation. Very truly yours, �E :jd s Erickson :' Mr. Gordon L. Hughes This Instrument is EASEMENT THIS EASEMENT, between Roger C. Evanson :onsidered Exempt for Tax Purposes FOR PUBLIC ROAD PURPOSES made this Ulf day _of March, 1980, by and and Marilyn Evanson, husband and wife, parties of the first part, and the City of Edina, a municipal corporation organized under the laws of the State of Minnesota, party of the second part;' WITNESSETE -.- -That the ° 4id p art es- he pa t; in consideration of One and no /100 Dollar ($1.00) to them in hand paid by the party of the second part, the receipt whereof is hereby acknowledged, do Grant, Bargain, Sell, Convey, and Warrant to said party of the second part an Easement in perpetuity for public road purposes in, under, and over the following described property situated in the County of Hennepin, State of Minnesota, to -wit: The East 33 feet of the (West 38 feet of the South 148.6 feet of the Northi981.6 feet of the West 224 feet of the Southeast Quarter of the Southwest Quarter, Section 8, Township 116 North, Range 21 West. IN WITNESS ..WHERP- M,___. .sa.i..d, -43 r-ti .of the first part have hereunto set their hands and seals the day and year first above written. In Presence of: l: R16gECZ C. Evanson Marilyn Ev son STATE OF MINNESOTA) ss. COUNTY OF HENNEPIN) On this day of March, 1980, before me, a Notary Public within and or said County, personally appeared Roger C. Evanson and Marilyn Evanson, husband and wife, to me known to be the persons described in-and who executed the foregoing,I-Astrumcnt and acknowledged that they executed the same as their free act and deed.' r �`- 4 THIS INSTRUMENT WAS DRAFTED BY: �• Curtis E. Austin, Attorney Notary Public 4Vjjl w,, Sut�te 730, 7900 Xerxes Ave. S. " MARIAN C. KBAUEL Bloomington, MN 55431 t irtotrsv .Public, Hennepin County, Minn. My Commission Expires Dec. ,1.7...1982 TRANSFER ENTERED �' APR 22 1980 :. �, FINANCE DIVISION 4Jj44WtN11P1N 00 4 N. s` Tyr 4'79051 PARTIAL RELEASE OF MORTGAGE CONW&RCIAL FEDERAL SAVINGS AND LOAN "°CAof then corporation, mortgage re na ter' lssor , for vale cable c nsideration, receipt Vhereof is hereby acknowledged, does f never discharge and release the tract of. land lying and being in the County of Hennepin. State of Miniteaota, described as 46 lows. to-wit: The West 5 feet of the South 148.6 eet of the North 981.6 feet of the West 224 feet of he Southeast Quarter of the a °21hWest.QuThe Last 10 -feet f the West 116 North, Range 48 feet of the South 148.6 feet of he North 981.6 feet of the West 224 feet of the Southea t Quarter of the ange Southwest Quarter, Section 8, Towns ip 21 West. from all claims and lions of and under that ertain mortgage dated September 20, 1972, and filed Septembe 28, 1972, as Document No. 3973734 executed by Thomas J. W sseth and Diana M. Weiseth as mortgagors to Eberhardt Company, assigned to Commercial Federal Savings and an Association by Document�NOaa366�94rhich�a ►ortgagencoversd filetober and other land. The County Recorder is authorized above - described land from the lien of this record thereof. IN TBSTIMONY W=REOF, Commercial W411 Association has cause these presents ents t corporate name by its c��.. *�...,. • this 4&L ay o _1" NEBRASKA STATE OF MONKLMM COUNTY OF DOUGLAS COMMERCIAL Ff LOAN ASSOC] By ' -et--t Its Opal H. rise By A es C. Pa1 ss. discharge the gage upon the decal Savings and be executed in and its Assistant 4 983. SAVINGS AND oin was acknowled ed by r,,, chic 4TH [Ja} ^f The forPq 9 9 198 3, by Opal M. Wia a na February and James C Pmer _ the ce res ent As ie S of Commercial Fed cal Savings and Loan Association, a Nebraska corporation. /7 _ Notary Public - Caroline L©t�!^y This instrument drafted by: COMMERCIAL FEDERAL CAROLINE SAVINGS AND LOAN ASSOCIAT 'ONGFN;Rq` N IEpRY P.O. BOX 1103 _Z: MMCcmm orgars,,,r�allob,. _DMHA, NEBRASKA 68101 a "' °fl'o. 1985 (402) 554 -9200 W" 4 K;klllovf cmv, V.m w -,—tiA 1A IM JON -9 M 11125, 1,/17 L' OFFICE OF COMITY RECORDER STATE OF t,,jjN14ESOTA rjt)Ui-,f7yf OF HENNEPIN I HERMA' INSTRUl' -'E COPYANL)f,) RECORDS ID C;l �J�