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LAW OFFICES
KATZ, LANGE, DAMS, MANKA & FELDMAN, LTD
A. LARRY KATZ
STEVEN Z. LANGE
STEPHEN C. DAVIS
JOHN H. FELDMAN
GARY L. MANKA
ROBERT J. HAJEK
PATRICK W. LEDRAY
ROBERT D. SCHWARTZ
MICHAEL J. PITTON
Mr. Thomas Erickson
Attorney at Law
2200 First Bank Place
Minneapolis, MN 55402
RECEiVEo
JUL. 2 3 1981
�D 1608 1 D S CENTER
80 SOUTH EIGHTH STREET
MINNEAPOLIS, MINNESOTA 55402
TELEPHONE 336 -9671
AREA CODE 612
July 22, 1981
RE: The Edina Regency Condominium
Dear Mr. Erickson:
Attached for your information is a photocopy of a
certified copy of the Order and Decree of Rer_;istration in
the above matter.
very truly yours
Robert D. you
RDS /lmc
Enclosure
'
STA` L OF MINNESOTA
COUNTY OF HENNEPIN
142 la736
Z ! $o
No. 1 -£3624
DISTRICT COURT
FOURTH JUDICIAL DISTRICT
In the Matter of the Application of
Realty Development Services, Inc.,
Petrie Development Corporation, and
Rainbow Development Company, Inc.,
three Minnesota corporations,
original applicants, and Metro
Consultants, Inc., a Minnesota
corporation, Cross - Applicant,
To Register the Title to Certain
Land.
OIZI)ER AND DI CRI E
OF RLGISTR_A_TiON
The above - entitled matter, upon motion of the applicant, came
on for hearing at the Government Center in the City of Minneapolis,
said County and State, before the Referee, who has filed his report
herein, and to whom said matter has been duly referred to hear the
evidence in said cause and report his conclusions therefrom; and
the Court having duly considered the Application, the Report or
Reports of the Examiner, the evidence adduced by the Applicant, and
the Report of the Referee, finds:
1. That the estimated market value of the premises hereinafter
described, exclusive of improvements, according to the last official
assessment thereof, is Forty -Three Thousand Six Hundred and 00 /100
($43,600.00) Dollars.
2. That all the requirements of the law in respect to the
Application and any amendments thereto have been complied with, and
that all of the defendants in this proceeding have been duly served
with process as required by law, or have consented to the registra-
tion herein, and it further appea-s that no Answer and Notice of
Appearance has been filed in this proceeding.
3. That except as hereinafter provided, none of the defendants
named in the Summons and any amendments or supplements thereto, have
any right, title, estate, lien or interest in the real estate herein-
after described.
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FEE PAID
JUN 1 1081
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4. That applicants, by the deed recorded in the office of
the Iennepin County Recorder as Document No. 4563472 conveyed the
land described in the Application to the cross applicant, Metro
Consultants, Inc., a Minnesota corporation, which is now the record
owner in fee simple of the land except as noted in the Examiner's
Original Report.
5. That the within land is unoccupied.
6. That the mortgage filed in the office of the Hennepin
County Recorder as Document No. 4445292 in favor of First National
Bank of St. Paul, a National*Banking Association, has been satisfied
by instrument filed as Document No. 4567992.
7. That the mortgage filed in the office of the Hennepin
County Recorder as Document No. 4490900 in favor of The Americana
State Bank of Edina, a Minnesota corporation, has been satisfied
by instrument filed as Document No. 4566856.
8. That the land is now subject to a mortgage as follows:
A mortgage in favor of Realty Development Services,
Inc.,•a Minnesota Corporation, Rainbow Development
Company, Inc., a Minnesota Corporation, and Petrie
Development Corporation, a Minnesota Corporation,
dated May 16, 1980, filed for record May 20, 1980
as County Recorder Document No. 4563473, also filed
in the office of the Registrar of Titles as Document
No. 1381614 to secure the principal sum of $108,000.00;
A combination Mortgage, Security Agreement and Fixture
Financing Statement in favor of Naugle -beck, Inc., a
Minnesota Corporation, dated May 16, 1980, filed for
record May 20, 1980 in the office of the Hennepin
County Recorder as Document No. 4563474 also filed in
the office of the Registrar of Titles as Document No.
1381615 to secure the principal sum of $2,110,000.00.
9. That on the 11th day of July, 1980, Metro Consultants, Inc.,
a Minnesota corporation, as owner and Realty Development Services,
Inc., a Minnesota corporation and Petrie Development Corporation, a
Minnesota corporation and Rainbow Development Company, Inc., a
Minnesota corporation and Naugle -Leck, Inc., a Minnesota corporation
as mortgagees joined in the execution of the Plat of Edina Regency
which embraces the land described in the Application and other
registered land; the plat has been filed in both the office of the
County Recorder and the Registrar of Titles so that the land
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described in the Application then became known as Lot 1, Block 1,
Edina Reye-ncy except the South 66 feet- of said LoL 1.
10. That the applicants or their predecessors in interest Ii
acquired title to the within land by adverse possession by occupying
it for fifteen (15) consecutive years in a manner which was actual,
open, exclusive, continuous, hostile, and accompanied by an intention
to claim adversely.
11. That the land is subject to a permanent easement for side-
walk purposes in favor of the City of Edina, contained in Book 69
of Hennepin County Records, Page 3786560, for sidewalk purposes
over and across that part of Lot 1, Block 1, Edina Regency, lying
northerly of the following described line:
Commencing at the Northwest corner of said Lot 1;
thence on an assumed bearing of South along the
West line of said Lot 1 a distance of 7.19 feet
to the point of beginning of the line to be
described; thence Southeasterly 77.20 feet along
a non - tangential curve concave to the Northeast
having a radius of 136.00 feet, a central angle
of thirty -two degrees (32 °) thirty -one minutes (31')
twenty -three seconds (23 ") and a chord bearing
South-seventy-three (731) forty -one minutes (41')
eighteen seconds (18 ") East; thence Southeasterly,
tangent to said curve, 32.44 feet; thence South-
easterly 58.86 feet along a tangential curve to
the right having a radius of 37.49 feet to the East
line of said Lot 1 and there terminating.
12. That a portion of the within land described below is
subject:
to a permanent easement in favor of the City of
Edina contained in County Recorder Document No.
4256869 for utility purposes over and across that
part of Lot 1, Block 1, Edina Regency, lying
Westerly of the following described line:
beginning at a point on the South line of Lot 1,
distant 120.00 feet West from the Southeast corner
of said Lot 1; thence on an assumed bearing of
North along a line parallel with the East line of
said Lot 1 a distance of 132.00 feet; thence North
twenty -one degrees (211) forty -six minutes (46')
West a distance of 26.97 feet to a line which is
parallel with and 1.30.00 feet West from said East
line and its Northerly extension; thence on a
bearing of North along said last described'parallel
line to the Northerly line of said Lot 1 and there
terminating.
13. That the sewer easement over the South 10 feet of the
following described land:
That part of t_he East 143 feet of Lot 56, lying
North of the South 60 feet, Auditor's Subdivision
No. 172, Hennepin County, Minnesota; EXCEPT that
part described as follows: beginning at Northeast
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corer ol: Said Lot 5(,; Llience SouLh .Hong I: i:;L Line
Of ;aid 1,ot 56, a d.i! ;(,'lice of '70:62 feet; thence
Nor-Lhwe:;Lerly a distance of 08.'20 feet a.lon(J a
curved 1_.i.11e, Concave to the SouLhwesL having a
radius of 43.5 feet and being tangent to East line
Of said Lot 56; thence West ill a straight line
tangent to last described curve, a distance of 26.43
feet; thence Northwesterly a distance of 77.66 feet
on a tangential curve to the right-, having a radius
of 130 feet to an intersection with the West line of
the East 143 feet of said Lot 56; thence North
along said West line a distance 11.14 feet to North
line of said Lot 56; thence East along said North
line a distance of 143 feet to the point of beginning.
which land is now a part of Lot 1, Block 1, Edina Regency, was
terminated by abandonment.
14. That the Financing Statement in favor of The First
National Bank of Saint Paul filed January 17, 1979, File No. 9294,
County Recorder Document No. 4445301 was terminated by Document
filed as County Recorder Document No. 4636297 on April 10, 1981.
15. That the land is subject to a permanent easement in favor
of ��t11he City of Edina, filed as Hennepin County Recorder Document
No. 76 Sq;�f for retaining wall purposes, including the right to
enter for the purpose of constructing, maintaining, altering,
repairing and reconstructing a retaining wall on, in, over and
across the following described property in the County of Hennepin
and State of Minnesota:
That part of the West 3.00 feet of Lot 1, Block
1, Edina Regency, lying North of a line perpendicular
to the West line of said Lot 1 at a point 23.86 feet
South of the Northwest corner of said Lot 1, all
according to the recorded plat thereof.
16. That the power pole and power and telephone lines
encroaching along the Westerly line of the within land encroach
merely at sufferance.
17. That on the 24th day of July, 1980, the Registrar of
Titles entered Certificate of Title No. 603200 to Metro Consultants,
Inc., a Minnesota corporation for the South 66 feet -of Lot 1,
' Block 1, Edina Regency.
18. That there appear upon Certificate of Title No. 603200
memorials of instruments as follows:
Document No. 1.206245, a notice of adverse claim
by the City of Edina;
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Document No. 1313942, I inanciny !;L:al.:OinuiiL irn (-,Ivor
017 '1'110 First National Bank
oC SaijiL Paul, which f inanciny
statement was terminated by Q
Document No. 1421579 filed A
April 15, 1981;
Document No. 1381614, mortgage recorded in the office
of the Hennepin County Recorder
as Document No. 4563472;
Document No. 1381615, mortgage recorded in the office
of the Hennepin County Recorder
as Document No. 4563474;
Document No. 1389341, declaration establishing
Apartment Ownership No. 179, The
Edina Regency Condominium;
Document No. 1389342, Floor Plans of Apartment
Ownership No. 179, The Edina
Regency Condominium;
Document No. 1419824, Amendment to Document No.
1381615;
Document No. 1421579, Termination of Financing
Statement.
19. That the Declaration, Document No. 1389341, Files of the
Registrar of Titles and the Floor Plans, Document No. 1389342,
Files of the Registrar of Titles have been filed in the office of
the Hennepin County Recorder as Document Nos. 4578136 and 4578137,
respectively; that said documents submit all of Lot 1, Block 1 Edina
Regency to the provisions of the Minnesota Condominium Act,
Minnesota Statutes Chapter 515; that the Declaration and Floor Plans
satisfy the requirements of Minnesota Statutes Chapter 515 except
that the Floor Plans do not contain the verified statement that the
Floor Plans accurately depict the layout, location, apartment
numbers and dimensions of the apartments as built as required by
Minnesota Statutes Section 515.13.
20. That the Notice of Adverse Claim memorialized on
Certificate of Title No. 603200 as Document No. 1206245 claims an
easement for utility purposes as described in the County Recorder
Document No. 4256869.
21. That the Declaration has been submitted to the platting
authority of the City of Edina pursuant to Minnesota Statutes
5515.15.
22. That the Apartment Ownership embraces all of the land
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described in CerL.iiicaLcl of 'Title No. 60:3100 and ;.111 Of Ole land
involved in this proceeding.
23. That there has been prepared for filing an Amended Floor -
Plans of said Apartment Ownership No. 179 containing a verified
statement as required by Minnesota Statute Ch. 515; that the said
Amended Floor Plans show the name of the Apartment Ownership is
Edina Regency Condominiums and the said Amended Floor Plans
accurately depict the layout, location, and apartment numbers and
dimensions of the apartments as built as required by Minnesota
Statutes Section 515.13; that the Amended Floor Plans follow the
general requirements found in Minnesota Statutes Ch. 505.08 as to
plats.
24. That the Amended Floor Plans have been submitted to the
Registrar of Titles for filing.
25. That the owners and encumbrancers of the land lying
west of Parcel 3 as described in the Examiner's original report,
and as identified in the Examiner's Supplemental Report, are as
follows: Wesley R. Weber, Jr., Marie E. Weber, Northwestern
National Bank of Minneapolis, First Federal Savings and Loan
Association of Minneapolis, Lars J. Saether, Lajla L. Saether,
Owen E. Wynne, and Dorothy C. Wynne. That each of the above
defendants have been served with a copy of the Lane 'Title Summons.
26. That there has been.prepared for filing Amendments to
the Declaration and Amended Floor.Plans. That the said documents
submit all of Lot 1, Block 1, Edina Regency to the provisions of
• the Minnesota Condominium Act, Minnesota Statutes Chapter 515;
that the Declaration and Amended Floor Plans satisfy the require-
ments of Minnesota Statutes Chapter 515; and that a true and
correct copy of the Amendments have been filed herein.
27. That the Articles of Incorporation of The Edina Regency
Association, Inc. were filed in the office of the Secretary of
State of the State of Minnesota on the 9th day of July, 1980 and
were recorded in the office of the Hennepin County Recorder as
Document No. 4577106 on the 25th day of July, 1980.
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NOW, THLRLFORL••, IT 1S HLREBY ORDERE ), ADJUDGE'D AND UECR1 :1 -:D ,is
follows:
1. That a default as to each defendant named in the Sununotis m-'
and any amendments or supplements thereto, and all heirs and
devisees of any of the persons named therein who are deceased and,
"all other persons or parties unknown claiming any right, title,
estate, lien or interest in the real estate hereinafter described,"
is hereby entered in the above- entitled action.
2. That METRO CONSULTANTS, INC., a Minnesota corporation
whose post office address is 7300 France Avenue South, City of
Edina, County of Hennepin, State of Minnesota, is the owner of an
estate in fee simple of the following described land in the County
of Hennepin, State of Minnesota:
Lot 1, Block 1, Edina Regency, except the South
66 feet of said Lot 1.
3. That the said interest in land be brought under the provi-
.sions and operations of Chapter 508, Minnesota Statutes, and all
acts amendatory thereof, and the title thereto be confirmed and
registered as provided in and by said Act; subject, however:
a. To a permanent easement in favor of the City of
Edina contained in Book 69 of Hennepin County
Records, page 3786560, for sidewalk purposes
over and across that part of Lot 1, Block 1,
EDINA REGENCY, lying Northerly of the following
described line: Commencing at the Northwest
corner of said Lot 1; thence on an assumed
bearing of South along the West line of said
Lot 1 a distance of 7.19 feet to the point of
beginning of the line to be described; thence
Southeasterly 77.20 feet along a non - tangential
curve concave to the Northeast having a radius
of 136.00 feet, a central angle of 32 degrees
31 minutes 23 seconds and a chord bearing South
73 degrees 41 minutes 18 seconds East; thence
Southeasterly, tangent to said curve, 32.44
feet; thence Southeasterly 58.86 feet along a
tangential curve to the right having a radius
of 37.49 feet to the East line of said Lot 1
and there terminating.
b. To a permanent easement in favor of the City of
Edina contained in County Recorder Document No.
4256869 for utility purposes over and across
that part of Lot 1, Block 1, EDINA RI,GENCY,
lying Westerly of the following described line:
Beginning at a point on the South line of said
Lot 1, distant 120.00 feet West from the South-
east corner of said Lot 1; thence on an assumed
beariiig of North along a line parallel with the
East line of said Lot 1 a distance of 132.00
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I (�e l 1_ licence Nor l h 21 det1 rcre!, 4 0 ni i ilu (_Us West a
di.atance of 26.` 1 feet Lo a line which is
parallel with and 130.00 Legit West Lrom said
East line and its Northerly extension; thence on -�
a bearing of North along said last described
parallel line to the Northerly line of said Lot
1 and there terminating.
C. 11 mortgage in favor of Realty Development
Services, Inc., a Minnesota Corporation, Rainbow
Development Company, Inc., a Minnesota corpora-
tion and Petrie Development Corporation, a
Minnesota corporation, dated May 16, 1980, filed
for record May 20, 1980 in the office of the
Registrar of Titles as Document No. 1381614 to
secure the principal sum of $108,000.00;
d. A combination.Mortgage, Security Agreement and
Fixture Financing Statement in favor of Naugle-
Lock, Inc., a Minnesota corporation dated May
16, 1980, filed for record May 20, 1980 in the
office of the Registrar of Titles as Document No.
1381615 to secure the principal sum of
$2,110,000.00.
e. To Declaration establishing Apartment Ownership
No. 179, The Edina Regency Condominium, filed
as Document No. 1389341, Files of the Registrar
of Titles.
f. The Floor Plans of Apartment Ownership No. 179,
The Edina Regency Condominium, filed'as Document
No. 1389341, Files of the Registrar of Titles.
g. To a permanent easement in favor of the City of
Edina contained in County Recorder Document No.
4645439 for retaining wall purposes, including
the right to enter for the purpose of construct -
ing, maintaining, altering, repairing or recon-
structing a retaining wall on, in, over and
across the following described property: That
part of the West 3.00 feet of Lot 1, Block 1,
Edina Regency, lying North of a line perpendicu-
lar to the West line of said Lot 1 at a point
23.86 feet South of the Northwest corner of said
Lot 1, all according to the recorded plat thereof.
h. To Document No. 1419824, the amendment to the
mortgage filed as Document No. 1381615.
• 4. That the Registrar of Titles cancel the Certificate issued
pursuant to this Order and Decree of Registration and Certificate of
Title No. 603200 and that he issue a new Certificate of Title in
favor of Metro Consultants, Inc., a Minnesota corporation for land
therein described as follows:
Lot 1, flock 1, EDINA REGENCY, according_ to the
recorded plat thereof;
Subject to a permanent easement in favor of the
City of Edina contained in Book 69 of Hennepin
County Records, page 3786560, for sidewalk pur-
poses over and across that part of Lot 1, block 1,
EDINA REGENCY, lying Northerly of the following
described line: Commencing at Lhe Northwest corner
of said Lot 1; thence an an assumed bearing of
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5( -)ULI1 <alc>ncl Lhe WesL I. i ne of. :;1-i id ],of, 1 a d i:,Lance
of 7.39 1 -eet. Lo Llic lx -) iiit- of he(IiIininil of Lho
.Line to he described; thence SouL leas L-erly 77.20
feet alolig a non- tangenLi.al curve_ concave to the
Northeast having a radius of 136.00 feet, ri
central angle of 32 de<lrees 3L minuLes23 seconds
and a chord bearing South 73 degrees 41 minutes 18
seconds East; thence Southeasterly, tangent to said
curve, 32.44 feet; thence Southeasterly 58.86 feet
along a tangential curve to the right having a
radius of 37.49 feet to the East line of said Lot 1
and there terminating. -
Subject to a permanent easement in favor of the
City of Edina contained in County Recorder
Document No. 4256869 for utility purposes over and
across that part of Lot 1, Block 1, EDINA REGENCY,
lying Westerly of the following described line:
Beginning at a point on the South line of said
Lot 1, distant 120.00 feet West from the Southeast
corner of said Lot 1; thence on an assumed bearing
of North along a line parallel with the East line
of said Lot 1 a distance of 132.00 feet; thence
North 21 degrees 46 minutes West'a distance of
26.97 feet to a line which is parallel with and
130.00 feet West from said East line and its
Northerly extension; thence -on a bearing of North
along said last described parallel line to the
Northerly line of said Lot 1 and there terminating.
Subject to a permanent easement in favor of the
z City of Edina contained in County Recorder
Document No. 4645439 for retaining wall purposes,
including the right to enter for the purpose of
constructing, maintaining, altering, repairing or
reconstructing a retaining wall on, in, over and
across the following described property: That
part of the West 3.00 feet of Lot 1, Block 1,
Edina Regency, lying North of a line perpendicular
to the West line of said Lot 1 at a point 23.86
feet South of the Northwest corner of said Lot 1,
all according to the recorded plat thereof.
5. That the Registrar of Titles omit from the Certificate of
Title issued to Metro Consultants, Inc., a Minnesota corporation, for
Lot 1, Block 1, EDINA REGENCY the memorial of Document Nos. 1206245,
1313942, and 1421579, but that he carry forward the memorials of
Document Nos. 1381614, 1381615, 1389341, 1389342, and 1419824, Files
of the Registrar of Titles.
6. That the Registrar of Titles, upon the filing with him
of a certified copy of this Order, receive for regis.tration for
the purposes of showing them as memorials, the Amendments to the
Declaration and the Amended Floor Plans for Apartment Ownership
No. 179; and that the Registrar of Titles show by memorial upon
said Certificate of Title that the said Declaration as amended
and the Amended Floor Plans satisfy the requirements of Minnesota
Statutes Chapter 515 as amended.'
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7. That the Certificates of 'Title issued for the residential
apartment Nos. 101 to 106 inclusive and 201 to 206 inclusive and
301 to 306 inclusive shall be in the form as follows:
Apartment No. and % of undivided interest
in the common areas and facilities, Apartment Ownership
No. 179, The Edina Regency Condominium, post office
address, Edina, Minnesota, located on the following
described land:
J w _
Lot 1, Block 1, EDINA REGENCY, according to
the recorded_p.IA, "_t;,hurcQ.L;
according to the Declaration of Apartment Owner` ',hih and
the attached By -Laws filed as J)ocument No. 1389 341. on the
28th day of Jul "y, 1980 as amended by Document t�os. I_iIZU37
and (herein insert the Document Nos. assigned to
thel7f,2 _6`173bs) and the Amended Floor Plans filed as
Document No. _L:141) ! �� %rt(Arein insert the Document No.
assigned to the Amended Floor Plans) on the �N?p� day of
�%A.A 1981, Files of the Registrar of Titles;
Each apartment shall be used as a private dwelling subject
to the provisions and restrictions as more fully set out in
said Declaration and By -Laws;
subject to the provisions of Minnesota Condominium Act,
Minnesota Statutes Chapter 515, and acts amendatory
thereof.
8. That upon the issuance of future Certificates of Title for
Garage Apartments No. 1 to 30 inclusive in Apartment Ownership No. 171
as designated in the Declaration, the Registrar of Titles describe
the apartments in the same form as described above for the residential
apartments except that in place of showing that the apartments shall
be used as a private dwelling he show that the apartment shall be
used for the parking of vehicles and related purposes.
Dated this the day of
i'
i
Decree entered this day
of �1 %{ it< 19811 at
L1,,r
/)-m.
Jack M. Provo
District Court Administrator
i
1
l
Deputy
t
r't L c' 1981.
r
Judge of Dis r6l t " "LF
Cerlifiel to be a true and V.!'eFt copy
original on file and or tocold office.
- C{ork pf Dir)ct G'ou
,'SUN 0•,��.taR�? � � ^�;;•
By
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HLNN, LO' n)sr: cr.
A0 PAINI$T17ATo Rif,'LERK
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7 _ _
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CWI)CL Of Tl< PEGISTRAR 8
Of TITLES
Hfmrll,!N COway. MINNESOTA
CERTIFIED FILED ON
JUN 2- 1981
gEGJU R OF TITLES
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