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Home My WebLink About2210i zL(0 MEMORANDUM TO: Jerry Gilligan FROM: deEtt Allen it. DATE: March 30, 1994 RE: Edina re General Our File No. 94802:168 Carson's Hill was platted by K. Paul Carson, Jr. and Mary F. Carson, husband and wife, filed 12/17/54. The entire plat consisted of Lot 1, Block 1 and is entirely abstract property. From the time of the plat to the current date, the following are the only documents recorded affecting title: 4834085 Quit Claim Deed filed 10/12/83, K. Paul Carson, Jr. and wife, to the City of Edina (covers property shown in red on attached half section map, Tax ID #32- 117- 21 -21- 0068). 5009370 Quit Claim Deed filed 7/2/85, K. Paul Carson, Jr. and wife, to the City of Edina (covers property shown in green on attached half section map, Tax ID #32- 117 -21 -21 -0070) 5009371 Affidavit filed 7/2/85 6115709 Amendment Restrictions filed 7/14/93. Therefore, it appears that the City of Edina owns that portion of Lot 1, Block 1, Carson's Hill colored red and green on the attached half section (also known as "Tract A ") and Mr. and Mrs. Carson own that parcel colored purple, Tax ID #32- 117 -21 -21 -0071. C."'u.0 �� C � �L �-c c/ ..i'L� f �, ��% ��G�J � �s�' -.✓L aC�f -o7c% j LEGAL DESCRIPTION INFORMATION PAGE 1 NEXT = INQUIRY CODE 103 PROPERTY ID 32 117 21 21 0068 PSC C SCH DST 273 WTRSHD 1 SWR DST IFPROJ # MUNIC 24 PLAT 74460 PARCEL EARLIEST DELINQ YR ACREAGE .00 DIV STATUS OWNER CITY OF EDINA LAST STAT CHG 04/03/84 VERF LEGAL PROP ADDR 24 ADDRESS UNASSIGNED CONDMN # LOT 001 BLOCK 001 TAXPAY N/A CITY OF EDINA PREVIOUS OWNER 4801 W 50TH ST EDINA MN 55424 APPROX PARCEL SIZE 203.87 X 363 TRAN DATES 09/21/89 ADN CARSON'S HILL ADDN DATE FILED 12/17/1954 A METES / BOUNDS DESCRIPTION S 203.87 OF LOT 1 AS MEAS ALONG E AND W LINES THOF CREATED BY DIV # 830999 DATE 83/11/21 PREV PROP IDS 32 117 21 21 0001 SUBSEQ PROP IDS LEGAL DESCRIPTION INFORMATION PAGE 1 MORE NEXT = INQUIRY CODE 103 PROPERTY ID 32 117 21 21 0070 PSC C SCH DST 273 WTRSHD 1 SWR DST IFPROJ # MUNIC 24 PLAT 74460 PARCEL EARLIEST DELINQ YR ACREAGE .00 DIV STATUS OWNER CITY OF EDINA LAST STAT CHG 05/13/86 VERF LEGAL PROP ADDR 24 ADDRESS UNASSIGNED CONDMN # LOT 001 BLOCK 001 TAXPAY N/A CITY OF EDINA PREVIOUS OWNER 4801 W 50TH ST EDINA MN 55424 APPROX PARCEL SIZE IRREGULAR TRAN DATES 06/17/93 06/14/93 04/15/92 ADN CARSON'S HILL ADDN DATE FILED 12/17/1954 A METES / BOUNDS DESCRIPTION COM AT NW COR OF LOT 1 TH S 0 DEG 21 MIN 55 SEC W ALONG W LINE THOF TO A PT 203.87 FT N FROM SW COR THOF AND ACTUAL PT OF BEG TH N 77 DEG 04 MIN 53 SEC E 32.76 FT TH NELY 52.87 FT ALONG A TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 76.83 FT TH NELY TANGENT TO SAID CURVE 70.67 FT TH NELY 25.83 FT ALONG A TANGENTIAL CURVE TO THE RT HAVING A RADIUS OF 63.16 FT TH NELY TANGENT TO SAID CURVE 80.1 FT TH NLY 81.23 FT ALONG A TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 44.61 FT TH NWLY TANGENT TO SAID CURVE 53.84 FT TH NLY 36.35 FT ALONG A TANGENTIAL CURVE TO THE RT HAVING A RADIUS OF 31.5 FT TH NLY TANGENT TO SAID CURVE 115.65 FT TO A LEGAL DESCRIPTION INFORMATION PAGE 2 NEXT = INQUIRY CODE 103 PROPERTY ID 32 117 21 21 0070 PSC C SCH DST 273 WTRSHD 1 SWR DST IFPROJ # MUNIC 24 PLAT 74460 PARCEL EARLIEST DELINQ YR ACREAGE .00 DIV STATUS OWNER CITY OF EDINA LAST STAT CHG 05/13/86 VERF LEGAL PROP ADDR 24 ADDRESS UNASSIGNED CONDMN # LOT 001 BLOCK 001 TAXPAY N/A CITY OF EDINA PREVIOUS OWNER 4801 W 50TH ST EDINA MN 55424 APPROX PARCEL SIZE IRREGULAR TRAN DATES 06/17/93 06/14/93 04/15/92 ADN CARSON'S HILL ADDN DATE FILED 12/17/1954 A METES / BOUNDS DESCRIPTION PT ON N LINE OF LOT 1 TH E TO NE COR THOF TH S ALONG E LINE THOF TO A PT 203.87 FT N FROM SE COR THOF TH W TO BEG CREATED BY DIV # 851005 DATE 85/10/04 PREV PROP IDS 32 117 21 21 0069 SUBSEQ PROP IDS LEGAL DESCRIPTION INFORMATION PAGE 1 MORE NEXT = INQUIRY CODE 103 PROPERTY ID 32 117 21 21 0071 PSC C SCH DST 273 WTRSHD 1 SWR DST IFPROJ # MUNIC 24 PLAT 74460 PARCEL EARLIEST DELINQ YR ACREAGE .00 DIV STATUS OWNER K PAUL CARSON JR ET AL LAST STAT CHG 05/13/86 VERF LEGAL PROP ADDR 6001 PINE GROVE RD CONDMN # LOT 001 BLOCK 001 TAXPAY N/A K PAUL CARSON JR PREVIOUS OWNER 6001 PINE GROVE RD EDINA MN 55436 APPROX PARCEL SIZE IRREGULAR TRAN DATES 06/14/93 04/15/92 10/30/85 ADN CARSON'S HILL ADDN DATE FILED 12/17/1954 A METES / BOUNDS DESCRIPTION BEG AT NW COR OF LOT 1 TH S 0 DEG 21 MIN 55 SEC W ALONG W LINE THOF TO A PT 203.87 FT N FROM SW COR THOF TH N 77 DEG 04 MIN 53 SEC E 32.76 FT TH NELY 52.87 FT ALONG A TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 76.83 FT TH NELY TANGENT TO SAID CURVE 70.67 FT TH NELY 25.83 FT ALONG A TANGENTIAL CURVE TO THE RT HAVING A RADIUS OF 63.16 FT TH NELY TANGENT TO SAID CURVE 80.1 FT TH NLY 81.23 FT ALONG A TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 44.61 FT TH NWLY TANGENT TO SAID CURVE 53.84 FT TH NLY 36.35 FT ALONG A TANGENTIAL CURVE TO THE RT HAVING A RADIUS OF 31.5 FT TH NLY TANGENT TO SAID CURVE 115.65 FT TO A PT ON N LINE OF LOT 1 TH W TO LEGAL DESCRIPTION INFORMATION PAGE 2 NEXT = INQUIRY CODE 103 PROPERTY ID 32 117 21 21 0071 PSC C SCH DST 273 WTRSHD 1 SWR DST IFPROJ # MUNIC 24 PLAT 74460 PARCEL EARLIEST DELINQ YR ACREAGE .00 DIV STATUS OWNER K PAUL CARSON JR ET AL LAST STAT CHG 05/13/86 VERF LEGAL PROP ADDR 6001 PINE GROVE RD CONDMN # LOT 001 BLOCK 001 TAXPAY N/A K PAUL CARSON JR PREVIOUS OWNER 6001 PINE GROVE RD EDINA MN 55436 APPROX PARCEL SIZE IRREGULAR TRAN DATES 06/14/93 04/15/92 10/30/85 ADN CARSON'S HILL ADDN DATE FILED 12/17/1954 A METES / BOUNDS DESCRIPTION BEG CREATED BY DIV # 851005 DATE 85/10/04 PREV PROP IDS 32 117 21 21 0069 SUBSEQ PROP IDS -- . TRANSACTION CODE 110 RECORDED THRU 03/08/94 SEARCH FIELD 4 LEGAL DOCUMENT RECORDING SYSTEM GENERAL INFORMATION ABSTRACT /TORRENS A SEARCH CHANGE GRANTOR DOC NUM 03/30/94 11:49:32 SEARCH FROM SEARCH TO REC DATE LOT BLOCK GRANTEE CERTIF TRACT /UNIT LEGAL COMMENT INSTRUMENT STRQQ ------------------------------------------------------------------------------- CARSON JR K PAUL 6115709 07/14/93 1 1 EDINA CITY OF CARSONS HILL AMENDED RESTRICTIONS COMPLETE Y 2 SEC. 321 T 7, R. 21 Aar 3 'OkOL % 4YRSHIRE BLVD CM) A Q9 2 2 t 2 EDEN PRAIRIE RD .............. tis 2 0141. 'T 1 3 EDINA HICHLANDS HANKES TER 'Z' I DR I avoA AMENDMENT TO 6115709 . PERPETUAL RESTRICTIONS THIS AGREEMENT made and entered into this G A day of Sk 1993, between K. Paul Carson, Jr., and Mary F. Carson, husband and wife (herein called "Grantors "), and City of Edina, a Minnesota municipal corporation (herein called "Grantee "). WTTNESSETH, THAT: WHEREAS, Grantors have conveyed to the Grantee the property described in Exhibit A attached hereto (herein called the "Subject Property ") by deed dated October 7, 1983, and recorded in the office of the Hennepin County Recorder as Document No. 4834085, and by deed dated June 27, 1985, and recorded in the office of the Hennepin County Recorder as Document No. 5009370; and WHEREAS, the conveyance of the Subject Property by the Grantors to the Grantee is subject to the perpetual restrictions contained in said Document No. 4834085; and WHEREAS, the parties hereto are desirous of amending the perpetual restrictions contained in said Document No. 4834085. NOW, THEREFORE, for good and valuable consideration the parties hereto do hereby agree that the perpetual restrictions contained in said Document No. 4834085 are amended to provide that dead trees may not be removed unless they pose a safety hazard. They shall remain in place to enhance the flora and fauna. All other provisions of the perpetual restrictions shall remain the same and are not affected hereby. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year first above written. CITY OF EDINA By �! Its Mayor 1 And Its Manager STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN K. Paul Carson, Jr. The foregoing instrument was acknowledged before me this G 4-f— day of -J-;C(4 1993, by Fyc�errcK -= P—"4 'j, and �( L-� _ the Mayor and City Manager, respectively, of the City of Edina, a municipal corporation, on behalf of the corporation. offoosod-0-411 0-0-0-0- 0000000000 00 ---- ��- - MARCELLA M. DAEHN lr�e•\!x NOTARY PUBLIC - MINNESOTA �0s HENNEPIN CCUNTY My Commission Expires Apr. 21, 1998 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Notary Public foregoing instrument was acknowledged before me this �y day of �:?e 1993, by K. Paul Carson, Jr. and Mary F. Carson, husband and wif . . JOYCE D.SCNUBERT ��- NOTARY PUBLIC— MINNESOTA HENNEPIN COUNTY otary Public My Comm. Expires July 29. 19% tr r THIS INSTRUMENT IS EXEMPT FROM STATE DEED TAX. Drafted by: DORSEY & WHITNEY 2200 First Bank Place East Minneapolis, Minnesota 55402 -2- EXHIBIT A That part of Lot 1, Block 1, Carson's Hill described as follows: Beginning at the northeast corner of said Lot 1, said point being marked by a Judicial Landmark; thence South 0 degrees 21 minutes 48 seconds West, assumed bearing, along the east line of said Lot 1, a distance of 599.49 feet to the southeast corner of said Lot 1, said point being marked by a Judicial Landmark; thence South 89 degrees 57 minutes 37 seconds West, along the south line of said Lot 1, a distance of 361.23 feet to the southwest corner of said Lot 1, said point being marked by a Judicial Landmark; thence North 0 degrees 21 minutes 55 seconds East, along the west line of said Lot 1, a distance of 203.87 feet; thence North 77 degrees 04 minutes 53 seconds East, a distance of 32.76 feet; thence northeasterly a distance of 52.87 feet along a tangential curve, concave to the northwest, having a radius of 76.83 feet and a central angle of 39 degrees 25 minutes 36 seconds; thence North 37 degrees 39 minutes 17 seconds East, tangent to said curve, a distance of 70.67 feet; thence northeasterly a distance of 25.83 feet along a tangential curve, concave to the southeast, having a radius of 63.16 feet and a central angle of 23 degrees 26 minutes 03 seconds; thence North 61 degrees 05 minutes 20 seconds East, tangent to said last curve, a distance of 80.10 feet; thence northerly a distance of 81.23 feet along a tangential curve, concave to the west, having a radius of 44.61 feet and a central angle of 104 degrees 20 minutes 10 seconds; thence North 43 degrees 14 minutes 50 seconds West, tangent to last said curve, a distance of 53.84 feet; thence northerly a distance of 36.35 feet along a tangential curve, concave to the east, having a radius of 31.50 feet and a central angle of 66 degrees 06 minutes 52 seconds; thence North 22 degrees 52 minutes 02 seconds East, tangent to last said curve, a distance of 115.65 feet to a point in the north line of said Lot 1, distant 142.48 feet west from the northeast corner of said Lot 1; thence on a bearing of East, along the North line of said Lot 1, a distance of 142.48 feet to the point of beginning. 0 61157% D6115709 [DIDO' 16. CIO -,RMER Y, K.", SOT A T U4 93 JUL 14 tH 10: 36 ASf'C',U!-% IZ 7cW DEPUTY R EC FEE �Zlu AMENDMENT TO PERPETUAL RESTRICTIONS THIS AGREEMENT made and entered into this 4 �4 day of s,.! 1993, between IC Paul Carson, Jr., and Mary F. Carson, husband and wife (hereiri called "Grantors "), and City of Edina, a Minnesota municipal corporation (herein called "Grantee "). WITNESSETH, THAT: WHEREAS, Grantors have conveyed to the Grantee the property described in Exhibit A attached hereto (herein called the "Subject Property ") by deed dated October 7, 1983, and recorded in the office of the Hennepin County Recorder as Document No. 4834085, and by deed dated June 27, 1985, and recorded in the office of the Hennepin County Recorder as Document No. 5009370; and WHEREAS, the conveyance of the Subject Property by the Grantors to the Grantee is subject to the perpetual restrictions contained in said Document No. 4834085; and WHEREAS, the parties hereto are desirous of amending the perpetual restrictions contained in said Document No. 4834085. NOW, THEREFORE, for good and valuable consideration the parties hereto do hereby agree that the perpetual restrictions contained in said Document No. 4834085 are amended to provide that dead trees may not be removed unless they pose a safety hazard. They shall remain in place to enhance the flora and fauna. All other provisions of the perpetual restrictions shall remain the same and are not affected hereby. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year first above written. CITY OF EDINA LIM its xvianager '-4' K. Paul Carson, Jr. Mary F. rson STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this Gf— day of . 1993, by and c�, e �� - 4.fl" , the Mayor and City Manager, respectively, of the City of Edina, a municipal corporation, on behalf of the corporation. MARCELLA R1.." `! krz_ NOTARY PU :U�' HENNEPI � My Commission Up!= Arr. 21, 1033 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Notary Public ::� he foregoing instrument was acknowledged before me this day of 1993, by K. Paul Carson, Jr. and Mary F. Carson, husband and wife. 4 4-%* loyrr [ rYil C v-, AP), i + . -i)W •;; 37iSrtary Public THIS INSTRUMENT IS EXEMPT FROM STATE DEED TAX. Drafted by: DORSEY & WHITNEY 2200 First Bank Place East Minneapolis, Minnesota 55402 504 EXHIBIT A That part of Lot 1, Block 1, Carson's Hill described as follows: Beginning at the northeast corner of said Lot 1, said point being marked by a judicial Landmark; thence South 0 degrees 21 minutes 48 seconds West, assumed bearing, along the east line of said Lot 1, a distance of 599.49 feet to the southeast corner of said Lot 1, said point being marked by a Judicial Landmark; thence South 89 degrees 57 minutes 37 seconds West, along the south line of said Lot 1, a distance of 361.23 feet to the southwest corner of said Lot 1, said point being marked by a Judicial Landmark; thence North 0 degrees 21 minutes 55 seconds East, along the west line of said Lot 1, a distance of 203.87 feet; thence North 77 degrees 04 minutes 53 seconds East, a distance of 32.76 feet; thence northeasterly a distance of 52.87 feet along a tangential curve, concave to the northwest, having a radius of 76.83 feet and a central angle of 39 degrees 25 minutes 36 seconds; thence North 37 degrees 39 minutes 17 seconds East, tangent to said curve, a distance of 70.67 feet; thence northeasterly a distance of 25.83 feet along a tangential curve, concave to the southeast, having a radius of 63.16 feet and a central angle of 23 degrees 26 minutes 03 seconds; thence North 61 degrees 05 minutes 20 seconds East, tangent to said last curve, a distance of 80.10 feet; thence northerly a distance of 81.23 feet along a tangential curve, concave to the west, having a radius of 44.61 feet and a central angle of 104 degrees 20 minutes 10 seconds; thence North 43 degrees 14 minutes 50 seconds West, tangent to last said curve, a distance of 53.84 feet; thence northerly a distance of 36.35 feet along a tangential curve, concave to the east, having a radius of 31.50 feet and a central angle of 66 degrees 06 minutes 52 seconds; thence North 22 degrees 52 minutes 02 seconds East, tangent to last said curve, a distance of 115.65 feet to a point in the north line of said Lot 1, distant 142.48 feet west from the northeast corner of said Lot 1; thence on a bearing of East, along the North line of said Lot 1, a distance of 142.48 feet to the point of beginning. 2A I* A AMENDMENT TO PERPETUAL RESTRICTIONS THIS AGREEMENT made and entered into this (, f-i, day of JZ� I 1993, between K. Paul Carson, Jr., and Mary F. Carson, husband and wife (hereini called "Grantors "), and City of Edina, a Minnesota municipal corporation (herein called "Grantee "). WITNESSETH, THAT:, WHEREAS, Grantors have conveyed to the Grantee the property described in Exhibit A attached hereto (herein called the "Subject Property") by deed dated October 7, 1983, and recorded in the office of the Hennepin County Recorder as Document No. 4834085, and by deed dated June 27, 1985, and recorded in the office of the Hennepin County Recorder as Document No. 5009370; and WHEREAS, the conveyance of the Subject Property by the Grantors to the Grantee is subject to the perpetual restrictions contained in said Document No. 4834085; and WHEREAS, the parties hereto are desirous of amending the perpetual restrictions contained in said Document No. 4834085. NOW, THEREFORE, for good and valuable consideration the parties hereto do hereby agree that the perpetual restrictions contained in said Document No. 4834085 are amended to provide that dead trees may not be removed unless they pose a safety hazard. They shall remain in place to enhance the flora and fauna. All other provisions of the perpetual restrictions shall remain the same and are not affected hereby. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year first above written. CITY OF EDINA Its Mayor And Its Manager " r K. Paul Carson, Jr. Mary F. rson` STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) zai0A The foregoing instrument was acknowledged before me this 6 4� day of 77 t 1993, by F►-C k C '-« tc S' and eh nt e-. , the Mayor and City Manager, respectively, of the City of Edina, a municipal corporation, on behalf of the corporation. MARCELLA M. DAEHN tofNOTARY PUBLIC =�OT•� HENNEPIN CCL'�'.TY My CcmmLsWw Expires Apr. 21. 1.096 Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 1993, by K. Paul Carson, Jr. and Mary F. Carson, husband and wif . JOYCE D. SCHUBERT - NOTARY PUBLIC- t,41 HENNEPIN COUNTY otary Public My Comm Exons July 29. 19% ■ THIS INSTRUMENT IS EXEMPT FROM STATE DEED TAX. Drafted by: DORSEY & WHITNEY 2200 First Bank Place East Minneapolis, Minnesota 55402 -2- EXHIBIT A That part of Lot 1, Block 1, Carson's Hill described as follows: Beginning at the northeast corner of said Lot 1, said point being marked by a Judicial Landmark; thence South 0 degrees 21 minutes 48 seconds West, assumed bearing, along the east line of said Lot 1, a distance of 599.49 feet to the southeast corner of said Lot 1, said point being marked by a Judicial Landmark; thence South 89 degrees 57 minutes 37 seconds West, along the south line of said Lot 1, a distance of 361.23 feet to the southwest corner of said Lot 1, said point being marked by a Judicial Landmark; thence North 0 degrees 21 minutes 55 seconds East, along the west line of said Lot 1, a distance of 203.87 feet; thence North 77 degrees 04 minutes 53 seconds East, a distance of 32.76 feet; thence northeasterly a distance of 52.87 feet along a tangential curve, concave to the northwest, having a radius of 76.83 feet and a central angle of 39 degrees 25 minutes 36 seconds; thence North 37 degrees 39 minutes 17 seconds East, tangent to said curve, a distance of 70.67 feet; thence northeasterly a distance of 25.83 feet along a tangential curve, concave to the southeast, having a radius of 63.16 feet and a central angle of 23 degrees 26 minutes 03 seconds; thence North 61 degrees 05 minutes 20 seconds East, tangent to said last curve, a distance of 80.10 feet; thence northerly a distance of 81.23 feet along a tangential curve, concave to the west, having a radius of 44.61 feet and a central_ angle of 104 degrees 20 minutes 10 seconds; thence North 43 degrees 14 minutes 50 seconds West, tangent to last said curve, a distance of 53.84 feet; thence northerly a distance of 36.35 feet along a tangential curve, concave to the east, having a radius of 31.50 feet and a central angle of 66 degrees 06 minutes 52 seconds; thence North 22 degrees 52 minutes 02 seconds East, tangent to last said curve, a distance of 115.65 feet to a point in the north line of said Lot 1, distant 142.48 feet west from the northeast corner of said Lot 1; thence on a bearing of East, along the North line of said Lot 1, a distance of 142.48 feet to the point of beginning. Zzio QUIT CLAIM DEED 4834085 FOR VALUABLE CONSIDERATION, K. Paul Carson, Jr. and Mary F. Carson, husband and wife, Grantors, hereby convey and quitclaim to City of Edina, a municipal corporation under the laws of Minnesota, Grantee, real property in Hennepin County, Minnesota described as follows: II. An easement for access to the property hereby conveyed upon the limited terms hereinafter stated over and across the remaining part of Tract A and also a five (5') foot strip in that part of Lot 1 which is not included within Tract A the southerly line of which commences at a point in the West line of Lot 1 distant thirty (30') feet South of the northwest corner thereof; thence East parallel to the North line of Lot 1 a distance of fifty (50') feet; thence deflecting to the left at an angle of 45 degrees I. That part of Lot 1, Block 1, Carson's Hill described as follows: Beginning at the northeast corner of said Lot 1, said point being marked by a Judicial Landmark; thence South 0 degrees 21 minutes 48 seconds West, 0 assumed bearing, along the east line of said Lot 1, a distance of 599.49 feet to the southeast corner of said Lot 1, said point being marked by a Judicial Landmark; thence South 89 degrees 57 minutes 37 seconds West, along the south line of said Lot 1, a distance of 361.23 feet to the ,.1 southwest corner of said Lot 1, said point being marked by a Judicial I� Landmark; thence North 0 degrees 21 minutes 55 seconds East, along the west line of said-Lot 1, a distance of 203.87 feet; thence North 77 (� degrees 04 minutes 53 seconds East, a distance of 32.76 feet;',thence northeasterly a distance of 52.87 feet along a tangential curve, concave to the northwest, having a radius-of 76.83 feet and a central angle of 39 degrees 25 minutes 36 seconds; thence North 37 degrees 39 minutes 17 seconds East, tangent to said curve, a distance of 70.67 feet; thence northeasterly a distance of 25.83 feet along a tangential curve, concave to the southeast, having a radius of 63.16 feet and a central angle of 23 degrees 26 minutes 03 seconds; thence North 61 degrees 05 minutes 20 seconds East, tangent to said last curve, a distance of 80.10 feet; thence northerly a distance of 81.23 feet along a tangential curve, concave to the west, having a radius of 44.61 feet and a central angle of 104 degrees 20 minutes 10 seconds; thence-North 43 degrees 14 minutes 50 seconds West, tangent to last said curve, a distance of 53.84 feet; thence northerly a distance of 36.35 feet along a tangential curve, concave to the east, having a radius of 31.50 feet and a central angle of 66 degrees 06 minutes 52 seconds; thence North 22 degrees 52 minutes 02 seconds East, tangent to last said curve, a distance of 115.65 feet to a point in the north line of said Lot 1, distant 142.48 feet west from the northeast corner of said Lot 1; thence on a bearing of East, along the North line of said Lot 1, a distance of 142.48 feet to the point of beginning, said part of Lot 1 being hereinafter referred to as Tract A, and the following portion of Tract A is EXCEPTED from this conveyance, to -wit: That part thereof lying northerly of a line extending from a point in the westerly line of said Lot 1 distant 203.87 feet northerly of the southwest corner thereof to a point in the easterly line of said Lot distant 203.87 feet northerly of the southeasterly corner thereof II. An easement for access to the property hereby conveyed upon the limited terms hereinafter stated over and across the remaining part of Tract A and also a five (5') foot strip in that part of Lot 1 which is not included within Tract A the southerly line of which commences at a point in the West line of Lot 1 distant thirty (30') feet South of the northwest corner thereof; thence East parallel to the North line of Lot 1 a distance of fifty (50') feet; thence deflecting to the left at an angle of 45 degrees J to the South line of the North twelve (12') feet of Lot 1; thence along said South line to an intersection with the northwesterly line of Tract A and there terminating. Subject, however, to the right of Grantors, their successors and assigns to change the location of said easement as hereinafter provided. Together with all hereditaments and appurtenances belonging thereto, to said party of the second part, its successors and assigns, forever. Subject to the following perpetual restrictions that the property hereby conveyed (i) shall forever remain as open space and in its natural condition, and (ii) shall never be used for residential or commercial purposes, and (iii) shall never be improved or upgraded as an active playground area nor as a recreational park with game courts, lights, shelters, benches, signs, etc.; however, good forestry management may be practiced, including removal of dead or diseased trees and shrubs to protect the natural state of the area, and existing paths may be maintained in their present manner. None of the foregoing restrictions, in whole or in part, may ever be amended, modified or released by either the City of Edina or the adjoining owners. The foregoing restrictions and the property conveyed are for the benefit of the general public and the foregoing restrictions may be enforced by Grantors or any one of their issue or by any adjoining owner against any person violating or attempting to violate the same by any legal or equitable remedies then available, including, without limitation, mandatory injunction. The term "adjoining owner" means the owners of the part of said Lot 1 which is not included within Tract A and the owners of all other property which has a common boundary with said Tract A. The location of said five (5') foot easement strip may be changed at any time by delivery to Grantee, its successors or assigns, of an instrument in recordable form executed by all parties then having an interest in said part of Lot 1. not included within Tract A, including owners and encumbrancers, stating that the location of said strip is changed and describing the new location thereof; provided, however, that the new easement must be at least five (5') feet wide and must be in a location ::hich allows passage and use thereof by necessary equipment and motorized vehicles and may be improved by Grantee to at least as good condition as is the then existing easement area. The five (5') foot easement may be used only by Grantee, its contractors and authorized agents and their respective employees, for the sole purpose of practicing good forestry management according to said restrictions, including entry of any necessary equipment, including motorized vehicles. Members of the general public shall not be permitted to use said easement. In any event, said easement shall terminate if the property or other adjoining property then owned by Grantee becomes directly accessible to a public road. If Grantee elects to permit use of any part of Tract A by the general public using access other than said easement, Grantee shall erect a fence on Tract A along its common boundary with the remaining portion of said Lot 1 which is sufficient to prevent dogs from crossing said boundary. - 2 - The property hereby conveyed is intended to be, and is, conveyed to the City of Edina in fee simple absolute, without any rights of reversion, rights of re -entry or similar rights, reserved or retained by Grantees, or any other person, but subject only to the foregoing restrictions. IN TESTIMONY WHEREOF, the said Grantors-have hereunto set their hands this day,,pf October, 1983. k- K. Paul Carson, Jr. STATE OF MINNESOTA) )ss. COUNTY OF HENNEPIN) Mary Carson The foregoing instrument was acknowledged before me this � day of October, 1983, by K. Paul Carson, Jr. and Mary F. Carson, husband and wife, Grantors. Notary Public . LORRAINE 0 MACZIEWSKI +► uE NOTARY PUBLIC - f.4II4N£5d7T4 A � � HENNEPIN COUNTY My COmnrss+0n £xn!ros Jan '• 5 "3313 This instrument was drafted by: Thomson, Wahlfors, Moran & Groth, Ltd. 1400 First Bank Place West Minneapolis, MN 55402 THIS DOCUMENT IS EXEMPT FROM STATE DEED TAX PURSUANT TO MINNESOTA STATUTES SECTION 287.22 Tax Statements for the Real Property Described in this instrument should be sent to: 1 OI - 3 - No delinquent taxes and transter entereo DEPARTMENT OF PROPERTY TAXATION HENNEPIN COUNTY MINN Q 12= � man i+�I�noa BY DEPUTY This te does not relate to taws for tha cut( which h may maY Of maY not be p" 4834085 00O.UJI0 FEE REQUIRED F V 1983 0C 12A9, 9: 49 34085 rll� ('s Co ECOPUR -FIV i I ♦1 510 NORTH CENTRAL LIFE TOWER 445 MINNESOTA STREET ST. PAUL,MINNESOTA 55101 ( 512) 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 DORSEY & WHITNEY A Partnership Including Professional Corporations 2200 FIRST BANK PLACE EAST MINNEAPOLIS, MINNESOTA 55402 ( 612) 340-2600 TELEX: 29 -0605 TELECOPIER: (612) 340 -2868 THOMAS S. ERICKSON, P. A. (612) 340 -2659 July 16, 1985 Ms. Marcella Daehn City of Edina 4801 West 50 Street Edina, Minnesota 55424 Dear Marce: 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) 955 -1050 30 RUE LA BOETIE 75008 PARIS, FRANCE OH 331 562 32 50 For your records, I am enclosing a folly executed copy of the quit claim deed from K. Paul Carson, Jr. and Mary F. Carson to the City of Edina, with accompanying affidavit of K. Paul Carson, Jr., which documents have been recorded on July 2, 1985 in the office of the County Recorder as Document Nos. 5009370 and 5009371, respectively. enclosure Very truly yours, . 7 Jacki Dolan J Z Z 1 C3 5099370 V� FOR VALUABLE CONSIDERATION, K. Paul Carson, Jr. and Mary F. Carson, husband and wife, Grantors, hereby convey and quitclaim to City of Edina, a 1 municipal corporation under the laws of Minnesota, Grantee, real property in �- Hennepin County, Minnesota described as follows: 1� That part of Lot 1, Block 1, Carson's Hill described as follows: Beginning at the northeast corner of said Lot 1, said point being marked by a Judicial Landmark; thence South 0 degrees 21 minutes 48 seconds West, assumed bearing, along the east line of said Lot 1, a distance of 599.49 feet to the southeast corner of said Lot 1, said point being marked by a Judicial Landmark; thence South 89 degrees 57 minutes 37 seconds West, along the south line of said Lot 1, a distance of 361.23 feet to the southwest corner of said Lot 1, said point being marked by a Judicial Landmark; thence North 0 degrees 21 minutes 55 seconds East, along the west line of said Lot 1, a distance of 203.87 feet; thence North 77- degrees 04 minutes 53 seconds East, a distance of 32.76 feet; thence northeasterly a distance of 52.87 feet along a tangential curve, concave to the northwest, having a radius of 76.83 feet and a central angle of 39 degrees 25 minutes 36 seconds; thence North 37 degrees 39 minutes 17 seconds East, tangent to said curve, a distance of 70.67 feet; thence northeasterly a distance of 25.83 feet along a tangential curve, concave to the southeast, having a radius of 63.16 feet and a central angle of 23 degrees 26 minutes 03 seconds; thence North 61 degrees 05 minutes 20 seconds East, tangent to said last curve, a distance of 80.10 feet; thence northerly a distance of 81.23 feet along a tangential curve, concave to the west, having a radius of 44.61 feet and a central angle of 104 degrees 20 minutes 10 seconds; thence North 43 degrees 14 minutes 50 seconds West, tangent to last said curve, a distance of 53.84 feet; thence northerly a distance of 36.35 feet along a tangential curve, concave to the east, having a radius of 31.50 feet and a central angle of 66 degrees 06 minutes 52 seconds; thence North 22 degrees 52 minutes 02 seconds East, tangent to last said curve, a distance of 115.65 feet to a point in the north line of said Lot 1, distant 142.48 feet west from the northeast corner of said Lot 1; thence on a bearing of East, along the North line of said Lot 1, a distance of 142.48 feet to the point of beginning, said part of Lot 1 being hereinafter referred to as Tract A, and the following portion of Tract A is EXCEPTED from this conveyance, to -wit: That part thereof lying southerly of a line extending from a point in the westerly line of said Lot 1 distant 203.87 feet northerly of the southwest corner thereof to a point in the easterly line of said Lot distant 203.87 feet northerly of the southeasterly corner thereof. The portion of Tract A excepted from this conveyance has been conveyed by Grantors to Grantee by deed dated October 7, 1983, and recorded as Document No. 4834085. The easement for access contained in said Document No. 4834085 is extended for the benefit of the tract hereby conveyed reserving the same rights to change its location. This conveyance is also subject to the perpetual restrictions contained in said Document No. 4834085. LIM Evil �y The property hereby convey is intended to be, and is, conveyed to the City of Edina in fee simple absglute, without any rights of reversion, rights of re -entry or similar rights, served or retained by Grantees, or any other person, but subject only to theoregoing restrictions. IN TESTIMONY WHEREOF, the said Grantors have hereunto set their hands this day of �G 1985. MAA,,.. - �- i�04Z&Z ry F. Carson STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this Z 7 day of 1985, by K. Paul Carson, Jr. and Mary F. Carson, husband and wife, Gy antors. i Notary Public This instrument was drafted by: W.M. THOMSO� Thomson, Wahlfors, Moran & Groth, Ltd. i OTMrPUOLec— MMNE'VoTA , 1400 First Bank Place West DIEM COUNTY Minneapolis, MN 55402 990M AM. 9."M -� This deed is exempt from payment of state deed stamps pursuant to Minnesota Statutes Section 287.22. Tax Statements for the Real Property Described in this Instrument shoulO be sent to; G V• FILED ❑ NOT R: . DEPUTY I I/ NO FEE REQUIRED i-10ii"N" ON 1985 JUL —2 FN 1: 54 ,t 5 f1l: I- tM N i 5,0993 r• 0 0,, e-4. CO. CO P ;irlLj y MITT. ` _7 /� A c- COUNTY AUDITOR —4 I llhc a tbN p(A fa!G!p. to taxes for the cur rent year paid. nay G _y -t be p. w 5099371 AFFIDAVIT z STATE OF MINNESOTA) ' COUNTY OF HENNEPIN) K. Paul Carson, Jr. t*ing first duly sworn on oath says: rya 1. That he is one anA the same person as Knute P. Carson, Jr. named as a grantee in that certain Warranty Deed „1 , 1 -'.. , . l.icCA' F cut'iidf'y 25, !948, In Ii00K 1819 of Deeds, page 53, as Document No. 2490475, in the Files of Hennepin County Recorder; and 2. That the Mary Frances Carson also named as a grantee in said Warranty Deed is one and the same as the Mary F. Carson named as a grantor in that certain Quit Claim Deed dated October 7, 1983, filed October 12, 1983, as Document No. 4834085, and in that certain Quit Claim Deed dated /1,,( --)'7 1985, filed 1985, s Document No. C tj 3 Q, and 3. That he is a grantor in both of said Quit Claim Deeds. Subscribed and s to before me this day of 1985. N o ary u is THI INS ::, W. M. TH0MSON rrorAnv PUBLIC - M NNE'IOTA HENNEPIN COUNTY a' MY Commission EXPiM Aug. 9. 19N �y -S- rxu RAFTED BY (name and address) I 1 4 �;, 5099371 N%:. r IN COUN ml SD cf. R;TIED cok EU ON 1985 JUL -2 FM 1: 54 A S C C!j ME N MIA F09-93 CO-RECORP Y" 3 `lam -1 ,// 1-4-1111' .1 ZZ /O QUIT CLAIM DEED 4834o8ti FOR VALUABLE CONSIDERATION, K. Paul Carson, Jr. and Mary F. Carson, husband and wife, Grantors, hereby convey and quitclaim to City of Edina, a municipal corporation under the laws of Minnesota, Grantee, real property in Hennepin County, Minnesota described as follows: II. An easement for access to the property hereby conveyed upon the limited terms hereinafter stated over and across the remaining part of Tract A and also a five (5') foot strip in that part of Lot 1 which is not included within Tract A the southerly line of which commences at a point in the West line of Lot 1 distant thirty (30') feet South of the northwest corner thereof; thence East parallel to the North line of Lot 1 a distance of fifty (50') feet; thence deflecting to the left at an angle of 45 degrees I. That part of Lot 1, Block 1, Carson's Hill described as follows: Beginning at the northeast corner of said Lot 1, said point being,marked by a Judicial Landmark; thence South 0 degrees 21 minutes 48 seconds West, p assumed bearing, along the east line of said Lot 1, a distance of 599.49 1 feet to the southeast corner of said Lot 1, said point being marked by a Judicial Landmark; thence South 89 degrees 57 minutes 37 seconds West, along the south line of said Lot 1, a distance of 361.23 feet to the southwest corner of said Lot 1, said point being marked by a Judicial ly `N. Landmark; thence North 0 degrees 21 minutes 55 seconds East, along the west line of said Lot 1, a distance of 203.87 feet; thence No th 77 N degrees 04 minutes 53 seconds East, a distance of 32.76 feet; thence northeasterly a distance of 52.87 feet along a tangential curve, concave to the northwest, having a radius of 76.83 feet and a central angle of 39 degrees 25 minutes 36 seconds; thence North 37 degrees 39 minutes 17 seconds East, tangent to said curve, a distance of 70.67 feet; thence northeasterly a distance of 25.83 feet along a tangential curve, concave to the southeast, having a radius of 63.16 feet and a central angle of 23 degrees 26 minutes 03 seconds; thence North 61 degrees 05 minutes 20 seconds East, tangent to said last curve, a distance of 80.10 feet; thence northerly a distance of 81.23 feet along a tangential curve, concave to the west, having a radius of 44.61 feet and a central angle of 104 degrees 20 minutes 10 seconds; thence North 43 degrees 14 minutes 50 seconds West, tangent to last said curve, a distance of 53.84 feet; thence northerly a distance of 36.35 feet along a tangential curve, concave to the east, having a radius of 31.50 feet and a central angle of 66 degrees 06 minutes 52 seconds; thence North 22 degrees 52 minutes 02 seconds East, tangent to last said curve, a distance of 115.65 feet to a point in the north line of said Lot 1, distant 142.48 feet west from the northeast corner of said Lot 1; thence on a bearing of East, along the North line of said Lot 1, a distance of 142.48 feet to the point of beginning, said part of Lot 1 being hereinafter referred to as Tract A, and the following portion of Tract A is EXCEPTED from this conveyance, to -wit: That part thereof lying northerly of a line extending from a point in the westerly line of said Lot 1 distant 203.87 feet northerly of the southwest corner thereof to a point in the easterly line of said Lot distant 203.87 feet northerly of the southeasterly corner thereof II. An easement for access to the property hereby conveyed upon the limited terms hereinafter stated over and across the remaining part of Tract A and also a five (5') foot strip in that part of Lot 1 which is not included within Tract A the southerly line of which commences at a point in the West line of Lot 1 distant thirty (30') feet South of the northwest corner thereof; thence East parallel to the North line of Lot 1 a distance of fifty (50') feet; thence deflecting to the left at an angle of 45 degrees to the South line of the North twelve (12') feet of Lot 1; thence along said South line to an intersection with the northwesterly line of Tract A and there terminating. Subject, however, to the right of Grantors, their successors and assigns to change the location of said easement as hereinafter provided. Together with all hereditaments and appurtenances belonging thereto, to said party of the second part, its successors and assigns, forever. Subject to the following perpetual restrictions that the property hereby conveyed (i) shall forever remain as open space and in its natural condition, and (ii) shall never be used for residential or commercial purposes, and (iii) shall never be improved or upgraded as an active playground area nor as a recreational park with game courts, lights, shelters, benches, signs, etc.; however, good forestry management may be practiced, including removal of dead or diseased trees and shrubs to protect the natural state of the area, and existing paths may be maintained in their present manner. None of the foregoing restrictions, in whole or in part, may ever be amended, modified or released by either the City of Edina or the adjoining owners. The foregoing restrictions and the property conveyed are for the benefit of the general public and the foregoing restrictions may be enforced by Grantors or any one of their issue or by any adjoining owner against any person violating or attempting to violate the same by any legal or equitable remedies then available, including, without limitation, mandatory injunction. The term "adjoining owner" means the owners of the part of said Lot 1 which is not included within Tract A and the owners of all other property which has a common boundary with said Tract A. The location of said five (5') foot easement strip may be changed at any time by delivery to Grantee, its successors or assigns, of an instrument in recordable form executed by all parties then having an interest in said part of Lot 1. not included within Tract A, including owners and encumbrancers, stating that the location of said strip is changed and describing the new location thereof; provided, however, that the new easement must be at least five (5') feet wide and must be in a location which allows passage and use thereof by necessary equipment and motorized vehicles and may be improved by Grantee to at least as good condition as is the then existing easement area. The five (5') foot easement may be used only by Grantee, its contractors and authorized agents and their respective employees, for the sole purpose of practicing good forestry management according to said restrictions, including entry of any necessary equipment, including motorized vehicles. Members of the general public shall not be permitted to use said easement. In any event, said easement shall terminate if the property or other adjoining property then owned by Grantee becomes directly accessible to a public road. If Grantee elects to permit use of any part of Tract A by the general public using access other than said easement, Grantee shall erect a fence on Tract A along its common boundary with the remaining portion of said Lot 1 which is sufficient to prevent dogs from crossing said boundary. - 2 - I' rf The property hereby conveyed is intended to be, and is, conveyed to the City of Edina in fee simple absolute, without any rights of reversion, rights of re -entry or similar rights, reserved or retained by Grantees, or any other person, but subject .only to the foregoing restrictions. IN TESTIMONY WHEREOF, the said Grantors, ;have hereunto set their hands this days f October, 1983. K. Paul Carson, Jr. STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) 0 , �� I1,l 2 "VAN Carson The foregoing instrument was acknowledged before me this 1,tk-1 day of October, 1983, by K. Paul Carson, Jr. and Mary F. Carson, husband and wife, Grantors. LORRAINE 0. MACZIEWSK! Notary Public a' NOTARY PUBLIC - MINNESOTA H>ENNt =PIN COUNTY MY C0MXWi �Wn E%P+r" Jan 15,, Im opeoppopoppooppop This instrument was drafted by: Thomson, Wahlfors, Moran & Groth, Ltd. 1400 First Bank Place West Minneapolis, MN 55402 THIS DOCUMENT IS EXEMPT FROM STATE DEED TAX PURSUANT TO MINNESOTA STATUTES SECTION 287.22 Tax Statements for the Real Property Described in this Instrument should be sent to: — 3 — w� re 0 NO lRl:'tiL OCT 12 No delinquent taxes and transfer entered DEPARTMENT OF PROPERTY TAXATION HENN&PIN COUNTY MINN ,. 7,,A `'' BY Gf DEPUTY This certificate does not relate to taxes for the Wr ar fl'- { r� which may or may not t>e paid, —`l{ill�UVA Z/0 4834 of 12-H Ill 0 8 5 s 000.00,230 -FEE REQUIRED lj--FVF 1983 OCT 12 4 : 49 Der "'u, m -, li I ,3 40 CO ECOPDLR U T MEMORANDUM TO: Mr. Kenneth E. Rosland Dorsey & Whitney File FROM: T. S. Erickson DATE: October 10, 1994 RE: Lot 1, Carson's Hill Dr. Paul Carson has been expressing concern to the City of Edina over the lack of area within Lot 1, Carson's Hill. Said Lot 1 is owned in part by Dr. and Mrs. Carson, and in part by the City of Edina. The plat of Carson's Hill shows an east -west dimension of 363 feet and a north -south dimension of 600 feet. However, a survey dated July 5, 1983, prepared by Egan, Field & Nowak, Inc., shows those dimensions as 361.23 feet and 599.49 feet, respectively. It is the shorter distances that concerned Dr. Carson. On October 4, 1994, I met with Dr. Carson and Ken Rosland to discuss the problem. I pointed out that all plats and descriptions surrounding the plat of Carson's Hill respected, and are measured from, the 363 foot and 600 foot dimensions of Carson's Hill. I also pointed out that Judicial Landmarks ( "JLM ") were fixed at all corners of the plat of Carson's Hill except the Northwest corner of Carson's Hill, and I opined that the chances of having the JLM's moved if placed in the wrong spots were slim to none. After discussion, it was concluded that: 1. The pipe marking the Northwest corner of the plat of Carson's Hill had probably been inadvertently moved and, as moved, had been used as a basis for placing the JLM's. This resulted in a shortening of the lot boundaries of Carson's Hill without much hope of reinstating the prior boundaries because of the difficulty (a successful court action would be necessary) of moving the JLM's. 2. Newer, better measuring equipment now used may have resulted in measuring the Carson's Hill distances more accurately, and shorter, than before. 3. Dr. Carson was not concerned about the shorter dimensions and resulting change in boundaries of Carson's Hill. MEMORANDUM Page 2 October 6, 1994 4. Ken Rosland also was not concerned about the shorter dimensions and resulting change in boundaries of Carson's Hill insofar as it related to the Edina property. 5. All parties agreed nothing further need be, or should be, done at this time. r=E TSE:vb - %%r+�P.tt Itr/• �- 9+`+�+�•�q. J 7 y. Aa' fib � _ r c, "�. ,,;, boa- e•Ge•P .. � �•1- r � H_w__a � _ �4- � � 0 ilia 1+-16- to t 0l• —5 3 t z,,r= z r ' 12�a.r ,� ?2.� ta•�,a�, - "p. w?%i t_+ c O rVta'/ 1:+'i.►�'.."" - I $a. of 710. ,Q,i:�«(91 I CA r cAdo ? dial A J — - - -- - - N., L Y _. —_ -- n,. x. to rw�.,,,.,,�, i #&A•Dvw-AocwV he PIN o � ter- ''' -r, � .•sy1 ✓ yJ• !2 � v � j1,; av !1, L..... � - • ,� df..�s. Loo ��...F�..�t,. too Its i I� ; ks�'se•brx.. r jEtanp � 'T't/y _ r c, "�. ,,;, boa- e•Ge•P .. � �•1- r � H_w__a � _ �4- � � 0 ilia 1+-16- to t 0l• —5 3 t z,,r= z r ' 12�a.r ,� ?2.� ta•�,a�, - "p. w?%i t_+ c O rVta'/ 1:+'i.►�'.."" - I $a. of 710. ,Q,i:�«(91 I CA r cAdo ? TaN &3'2 w�S�+i P I 1 �� Xq Y4 Of- I?Af4 Z // `9 oN mo 9umoir _ 3l03 0 0 Q MON041&1T 9g 3 -0. 1"* I Lc) r 1 $Loc< 1 �AcRc'r-L43 SUP i xS �� a ( co �=S=�ip N� *91 &oc, 2� 0 JLM ii-A4 7, 510 NORTH CENTRAL LIFETOWER 445 MINNESOTA STREET 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 Z2. 1U DORSEY & WHITNEY A Partnership Including Professional Corporations 2200 FIRST BANK PLACE EAST MINNEAPOLIS, MINNESOTA 55402 ( 612) 340- 2600 TELEX: 29-0505 TELECOPIER : (612) 340 -2868 THOMAS S. ERICKSON, P. A. (612) 340 -2659 July 16, 1985 Ms. Marcella Daehn City of Edina 4801 West 50 Street Edina, Minnesota 55424 Dear Marce: 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) 955 -1050 30 RUE LA BOETIE 75008 PARIS, FRANCE Oil 331 562 32 50 For your records, I am enclosing a fully executed copy of the quit claim deed from K. Paul Carson, Jr, and Mary F. Carson to the City of Edina, with accompanying affidavit of K. Paul Carson, Jr., which documents have been recorded on July 2, 1985 in the office of the County Recorder as Document Nos. 5009370 and 5009371, respectively. enclosure Very truly yours, acki Dolan 7 V l A V Lj l0 5090370 FOR VALUABLE CONSIDERATION, K. Paul Carson, Jr. and Mary F. Carson, husband and wife, Grantors, hereby convey and quitclaim to City of Edina, a municipal corporation under the laws of Minnesota, Grantee, real property in Hennepin County, Minnesota described as follows: That part of Lot 1, Block 1, Carson's Hill described as follows: Beginning at the northeast corner of said Lot 1, said point being marked by a Judicial Landmark; thence South 0 degrees 21 minutes 48 seconds West, assumed bearing, along the east line of said Lot 1, a distance of 599.49 feet to the southeast corner of said Lot 1, said point being marked by a Judicial Landmark; thence South 89 degrees 57 minutes 37 seconds West, along the south line of said Lot 1, a distance of 361.23 feet to the southwest corner of said Lot 1, said point being marked by a Judicial Landmark; thence North 0 degrees 21 minutes 55 seconds East, along the west line of said Lot 1, a distance of 203.87 feet; thence North 77 degrees 04 minutes 53 seconds East, a distance of 32.76 feet; thence northeasterly a distance of 52.87 feet along a tangential curve, concave to the northwest, having a radius of 76.83 feet and a central angle of 39 degrees 25 minutes 36 seconds; thence North 37 degrees 39 minutes 17 seconds East, tangent to said curve, a distance of 70.67 feet; thence northeasterly a distance of 25.83 feet along a tangential curve, concave to the southeast, having a radius of 63.16 feet and a central angle of 23 degrees 26 minutes 03 seconds; thence North 61 degrees 05 minutes 20 seconds East, tangent to said last curve, a distance of 80.10 feet; thence northerly a distance of 81.23 feet along a tangential curve, concave to the west, having a radius of 44.61 feet and a central angle of 104 degrees 20 minutes 10 seconds; thence North 43 degrees 14 minutes 50 seconds West, tangent to last said curve, a distance of 53.84 feet; thence northerly a distance of 36.35 feet along a tangential curve, concave to the east, having a radius of 31.50 feet and a central angle of 66 degrees 06 minutes 52 seconds; thence North 22 degrees 52 minutes 02 seconds East, tangent to last said curve, a distance of 115.65 feet to a point in the north line of said Lot 1, distant 142.48 feet west from the northeast corner of said Lot 1; thence on a bearing of East, along the North line of said Lot 1, a distance of 142.48 feet to the point of beginning, said part of Lot 1 being hereinafter referred to as Tract A, and the following portion of Tract A is EXCEPTED from this conveyance, to -wit: That part thereof lying southerly of a line extending from a point in the westerly line of said Lot 1 distant 203.87 feet northerly of the southwest corner thereof to a point in the easterly line of said Lot distant 203.87 feet northerly of the southeasterly corner thereof. The portion of Tract A excepted from this conveyance has been conveyed by Grantors to Grantee by deed dated October 7, 1983, and recorded as Document No. 4834085. The easement for access contained in said Document No. 4834085 is extended for the benefit of the tract hereby conveyed reserving the same rights to change its location. This conveyance is also subject to the perpetual restrictions contained in said Document No. 4834085. A The property hereby coney'' is intended to be, and is, conveyed to the City of Edina in fee simple absolute, without any rights of reversion, rights of re -entry or similar rights, bserved or retained by Grantees, or any other person, but subject only to theoregoing restrictions. IN TESTIMONY WHEREOF, the said Grantors have hereunto set their hands this day of �� 1985. ?-J- ��,44OLZ ry F. Carson STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) �7 Lt The foregoing instrument was acknowledged before me this Z / day of 1985, by K. Paul Carson, Jr. and Mary F. Carson, husband and wife, antors. i Notary Public �.aysvW. id This instrument was drafted by: W.M. THOMSON Thomson, Wahlfors, Moran & Groth, Ltd. 00rMw�usuc- MMNC-'OTA 1400 First Bank Place West POWSPIN COUNTY 8 g Minneapolis, MN 55402 M►OMM1Mwsn1XPiMAu9.9, 1M g- This deed is exempt from payment of state deed stamps pursuant to Minnesota Statutes Section 287.22. Tax Statements for the Real Property Described in this Instrurn t shQL414 be sent to; C7,4 d � � l'� a. y U / /v- G V. FILED ❑ NUT�Q•� m- 0 pEPUTY 5099370, ili#!- —245 y 3 0 NO FEE REQ it H"%%-LP1N WUN 7 Y.MAK'Sol", CER1 f M*-D , %a Or% is �CORt'iL` ON 1985 JUL -2 PM 1., 54 AS 11000MI-N i5o993'70 r e o .. e-4� CO. RECORDIP 6, "Puy y No delinquent tmyWs and trans entered DEPT. OF PROPEr,,,T',' TAX & -1U86C RBORM, HENNIU-M COUNTY MINN* COUNTY AUDITOR not slate to taxes for the ..".t year — ,h pay or may not to said- 70 A r 4 i AFFIDAVIT STATE OF MINNESOTA) COUNTY OF HENNEPIN) I K. Paul Carson, Jr. wing first duly sworn on oath says: r> 1. That he is one and the same person as Knute P. Carson, Jr. named as a grantee in that certain Warranty Deed dated _ecember 3, 1946, fi a - ,..i, i.�c... x°cuY'i.tal'f 25, 1948, in ii001{ 1819 of Deeds, page 53, as Document No. 2490475, in the Files of Hennepin County Recorder; and 2. That the Mary Frances Carson also named as a grantee in said Warranty Deed is one and the same as the Mary F. Carson named as a grantor in that certain Quit Claim Deed dated October 7, 1983, filed October 12, 1983, as Document No. 4834085, and in that certain Quit Claim Deed dated G,�i -) 17 1985, filed �Y/��ii/ji. c,2- , 1985, As Document No. U(j Y 3 z7a, and 3. That he is a grantor in both of said Quit Claim Deeds. Subscribed and s to before me this 1'7-14 day of 1985. Za Notary Pu blic , «' "":; W . THOMSON i� NOTARY PUBLIC - WNNEIOTA , z HENNEPIN COUNTY My Commiae10n ExOhse Aug. 9. 19ft I 50093'1 • 4 f JUL-i� t' C�FF1Ci, UT 1;UL'N"? h.F.CG�kr. `i N4i:i'IN C 0 U N i Y.."4t4K''S5� -, CE NIED FILED r-NO ch ;4ECORCEC 0% l,5 1985 JUL -2 PR 1 :14 oo C' CO. REC Z6 Y"' �� C THOMSON, WAHLFORS, MORAN & GROTH, LTD. ATTORNEYS AT LAW 1400 FIRST BANK PLACE WEST MINNEAPOLIS, MINNESOTA 55402 612/339-4567 --Z / o _LIAM M.THOMSON ,FI3 L. WAHLFORS ME8 J. MORAN, JR. 7NAL0 H. GROTH SCOTT HOKE City of Edina 4801 West 50th Street Edina, MN 55424 Attn: Kenneth E. Rosland June 27, 1985 Dear Mr. Rosland: S. Pursuant to the letter of ThomCarsonEandkMaryd 98 m F. Carson which conveys enclosing a deed from Dr. K. Pau certain land to the City as a gift. Yours very truly, THOMSON, WAHLFORS, MORAN & GROTH, LTD. By William M. Thomson WMT:ttw Enclosure cc: Thomas S. Erickson, Esq. Dr. K. Paul Carson FOR VALUABLE CONSIDERATION, K. Paul Carson, Jr. and Mary F. Carson, husband and wife, Grantors, hereby convey and quitclaim to City of Edina, a municipal corporation under the laws of Minnesota, Grantee, real property in Hennepin County, Minnesota described as follows: That part of Lot 1, Block 1, Carson's Hill described as follows: Beginning at the northeast corner of said Lot 1, said point being marked by a Judicial Landmark; thence South 0 degrees 21 minutes 48 seconds West, assumed bearing, along the east line of said Lot 1, a distance of 599.49 feet to the southeast corner of said Lot 1, said point being marked by a Judicial Landmark; thence South 89 degrees 57 minutes 37 seconds West, along the south line of said Lot 1, a distance of 361.23 feet to the southwest corner of said Lot 1, said point being marked by a Judicial Landmark; thence North 0 degrees 21 minutes 55 seconds East, along the west line of said Lot 1, a distance of 203.87 feet; thence North 77 degrees 04 minutes 53 seconds East, a distance of 32.76 feet; thence northeasterly a distance of 52.87 feet along a tangential curve, concave to the northwest, having a radius of 76.83 feet and a central angle of 39 degrees 25 minutes 36 seconds; thence North 37 degrees 39 minutes 17 seconds East, tangent to said curve, a distance of 70.67 feet; thence northeasterly a distance of 25.83 feet along a tangential curve, concave to the southeast, having a radius of 63.16 feet and a central angle of 23 degrees 26 minutes 03 seconds; thence North 61 degrees 05 minutes 20 seconds East, tangent to said last curve, a distance of 80.10 feet; thence northerly a distance of 81.23 feet along a tangential curve, concave to the west, having a radius of 44.61 feet and a central angle of 104 degrees 20 minutes 10 seconds; thence North 43 degrees 14 minutes 50 seconds West, tangent to last said curve, a distance of 53.84 feet; thence northerly a distance of 36.35 feet along a tangential curve, concave to the east, having a radius of 31.50 feet and a central angle of 66 degrees 06 minutes 52 seconds; thence North 22 degrees 52 minutes 02 seconds East, tangent to last said curve, a distance of 115.65 feet to a point in the north line of said Lot 1, distant 142.48 feet west from the northeast corner of said Lot 1; thence on a bearing of East, along the North line of said Lot 1, a distance of 142.48 feet to the point of beginning, said part of Lot 1 being hereinafter referred to as Tract A. and the following portion of Tract A is EXCEPTED from this conveyance, to -wit: That part thereof lying southerly of a line extending from a point in the westerly line of said Lot 1 distant 203.87 feet northerly of the southwest corner thereof to a point in the easterly line of said Lot distant 203.87 feet northerly of the southeasterly corner thereof. The portion of Tract A excepted from this conveyance has been conveyed by Grantors to Grantee by deed dated October 7, 1983, and recorded as Document No. 4834085. The easement for access contained in said Document No. 4834085 is extended for the benefit of the tract hereby conveyed reserving the same rights to change its location. This conveyance is also subject to the perpetual restrictions contained in said Document No. 4834085. The property hereby conveyed is intended to be, and is, conveyed to the City of Edina in fee simple absolute, without any rights of reversion, rights of re -entry or similar rights, reserved or retained by Grantees, or any other person, but subject only to the foregoing restrictions. IN TESTIMONY WHEREOF, the said Grantors have hereunto set their hands this day of 54�, 1985. STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) 0.2&q- J. AIM/ ry F. Carson ff- 7 The foregoing instrument was acknowledged before me this Z day of t1L , 1985, by K. Paul Carson, Jr, and Mary F. Carson, husband and wife, antors. V, Notary Public .�w This instrument was drafted by: rte. W.M. THOMSO,n' Thomson, Wahlfors, Moran & Groth, Ltd. NOTARY PUBLIC - VNINE'OTA 1400 First Bank Place West HENNEPIN COUN -#Y Minneapolis, MN 55402 hNCO11MDMtlOnEXOMAUO.9.1m THOMSON, WAHLh ❑RS, M ❑RAN & GROTH, LTD. ATTORNEYS AT LAW 1400 FIRST BANK PLACE WEST MINNEAPOLIS, MINNESOTA 55402 ''�% 612/3/ tJ 39 -4567 `^ z / WILLIAM M.THOMSON JAMES L. WAHLFORS JAMES J. MO RAN, JR. RONALD H. GROTH O. SCOTT HOKE City of Edina 4801 West 50th Street Edina, MN 55424 Attn: Kenneth E. Rosland Dear Mr. Rosland: June 27, 1985 Pursuant to the letter of Thomas S. Erickson dated June 17, 1985, I am enclosing a deed from Dr. K. Paul Carson and Mary F. Carson which conveys certain land to the City as a gift. Yours very truly, THOMSON, WAHLFORS, MORAN & GROTH, LTD. By ' / 11( Z. William M. Thomson WMT:ttw Enclosure cc: Thomas S. Erickson, Esq. Dr. K. Paul Carson r � .r FOR VALUABLE CONSIDERATION, K. Paul Carson, Jr. and Mary F. Carson, husband and wife, Grantors, hereby convey and quitclaim to City of Edina, a municipal corporation under the laws of Minnesota, Grantee, real property in Hennepin County, Minnesota described as follows: That part of Lot 1, Block 1, Carson's Hill described as follows: Beginning at the northeast corner of said Lot 1, said point being marked by a Judicial Landmark; thence South 0 degrees 21 minutes 48 seconds West, assumed bearing, along the east line of said Lot 1, a distance of 599.49 feet to the southeast corner of said Lot 1, said point being marked by a Judicial Landmark; thence South 89 degrees 57 minutes 37 seconds West, along the south line of said Lot 1, a distance of 361.23 feet to the southwest corner of said Lot 1, said point being marked by a Judicial Landmark; thence North 0 degrees 21 minutes 55 seconds East, along the west line of said Lot 1, a distance of 203.87 feet; thence North 77 degrees 04 minutes 53 seconds East, a distance of 32.76 feet; thence northeasterly a distance of 52.87 feet along a tangential curve, concave to the northwest, having a radius of 76.83 feet and a central angle of 39 degrees 25 minutes 36 seconds; thence North 37 degrees 39 minutes 17 seconds East, tangent to said curve, a distance of 70.67 feet; thence northeasterly a distance of 25.83 feet along a tangential curve, concave to the southeast, having a radius of 63.16 feet and a central angle of 23 degrees 26 minutes 03 seconds; thence North 61 degrees 05 minutes 20 seconds East, tangent to said last curve, a distance of 80.10 feet; thence northerly a distance of 81.23 feet along a tangential curve, concave to the west, having a radius of 44.61 feet and a central angle of 104 degrees 20 minutes 10 seconds; thence North 43 degrees 14 minutes 50 seconds West, tangent to last said curve, a distance of 53.84 feet; thence northerly a distance of 36.35 feet along a tangential curve, concave to the east, having a radius of 31.50 feet and a central angle of 66 degrees 06 minutes 52 seconds; thence North 22 degrees 52 minutes 02 seconds East, tangent to last said curve, a distance of 115.65 feet to a point in the north line of said Lot 1, distant 142.48 feet west from the northeast corner of said Lot 1; thence on a bearing of East, along the North line of said Lot 1, a distance of 142.48 feet to the point of beginning, said part of Lot 1 being hereinafter referred to as Tract A, and the following portion of Tract A is EXCEPTED from this conveyance, to -wit: That part thereof lying southerly of a line extending from a point in the westerly line of said Lot 1 distant 203.87 feet northerly of the southwest corner thereof to a point in the easterly line of said Lot distant 203.87 feet northerly of the southeasterly corner thereof. The portion of Tract A excepted from this conveyance has been conveyed by Grantors to Grantee by deed dated October 7, 1983, and recorded as Document No. 4834085. The easement for access contained in said Document No. 4834085 is extended for the benefit of the tract hereby conveyed reserving the same rights to change its location. This conveyance is also subject to the perpetual restrictions contained in said Document No. 4834085. Y . .'I The property hereby conveyed is intended to be, and is, conveyed to the City of Edina in fee simple absolute, without any rights of reversion, rights of re -entry or similar rights, reserved or retained by Grantees, or any other person, but subject only to the foregoing restrictions. IN TESTIMONY WHEREOF, the said Grantors have hereunto set their hands this day of S��c�Q. 1985. ry F. Carson STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) 7� The foregoing instrument was acknowledged before me this Z day of tJ� , 1985, by K. Paul Carson, Jr. and Mary F. Carson, husband and wife, Vantors. Notary Public This instrument was drafted by: r'" W.M. THOMSON� Thomson, Wahlfors, Moran & Groth, Ltd. NpTARYPUBLIC - M{NNE OTA 1400 First Bank Place West HENNEPIN COUN'T'Y Minneapolis, MN 55402 MyCo�wonExaro�Auo.9.im AIM KJOR L? TAXES PAID F. t�" �!r-�_ 1VICES 6562405 HENNEPIN COUNTY MINN. °EK &ESERVATION AND CONSERVA'T'ION EASEMENT THIS PRESERVATION AND CONSERVATION EASEMENT is entered into this day of March, 1996, by and between K. Paul Carson, Jr. and Mary F. Carson, husband and wife, whose address is 6001 Pine Grove Road, Edina, MN 55436 ( "Owners "), and the Minnesota Land Trust, a Minnesota nonprofit corporation, having its principal office in Minneapolis, Minnesota ( "Trust "). WITNESSETH: A. Owners are the sole owners in fee simple of certain real property identified on Exhibit A attached hereto and incorporated by this reference, consisting of 1.5 acres of land, together with buildi s and other improvements located in Hennepin County, Minnesota ( "Protected Land ")The Protected Land includes a residential dwelling commonly known as Maryhill ( "Marylill "), which is more particularly described below. * �"xP16tr- A k B. Maryhill is a single family residential dwelling designed by William Gray Purcell, a student of Frank Lloyd Wright. The State of Minnesota has determined that it is in the public interest to protect the integrity of structures like Maryhill as elements of the state's cultural, social, economic, religious, political, architectural and aesthetic heritage. C. The Protected Land is primarily a steeply sloped residential lot, with significant open space, hardwood forest and ravines. The Protected Land has, in addition to its historic designation, scenic qualities that can be enjoyed by the public from Dundee Road and Ayrshire Boulevard in the City of Edina. D. The architectural and scenic qualities and open space character ( "Preservation and Conservation Values ") of the Protected Land are set forth in a Property Report dated March ', 1996, which the parties acknowledge accurately represents the present condition of the Protected Land. Each of the parties has a copy of the Property Report. The Trust intends to use the Property Report in monitoring subsequent uses of the Protected Land and enforcing the terms of this Preservation and Conservation Easement. Notwithstanding this, the parties may use all other relevant evidence to establish the present condition of the Protected Land in the event of a disagreement as to whether a subsequent activity or use is consistent with the terms of this Preservation and Conservation Easement. E. Owners intend to convey to the Trust the right to preserve and protect the Preservation and Conservation Values of the Protected Land in perpetuity and to prevent or remedy subsequent activities or uses that are inconsistent with the terms of this Preservation and Conservation Easement. Carson Easement Page i F. The grant of this Preservation and Conservation Easement will serve the policies of the State of Minnesota which encourage the protection of Minnesota's natural resources, as set forth in part in Minn. Stat. Ch. 84C, and which encourage the preservation of historic places, as set forth in part in Minn. Stat. Sec. 138.663. This Preservation and Conservation Easement will also serve the policies of the City of Edina, which encourage the preservation of buildings with architectural significance, as set forth in City of Edina Land Use, Planning and Zoning Ordinance Nos. 800.01 et seq. and 850.20. G. The Trust is a publicly supported, nonprofit corporation which seeks to protect the natural, scenic, agricultural, forested and open space conditions of land in Minnesota, as well as the cultural, social, economic, religious, political, architectural and aesthetic heritage of historic places in Minnesota. In addition, the Trust is qualified as a conservation organization under Sections 501(c)(3) and 170(h) of the Internal Revenue Code of 1986, as amended. The Trust has agreed to assume the obligation of protecting the Preservation and Conservation Values of the Protected Land in perpetuity according to the terms of this Preservation and Conservation Easement. NOW, THEREFORE, in consideration of their mutual covenants and pursuant to the provisions relating to conservation easements in Minn. Stat. Ch. 84C and pursuant to the guidelines for historic preservation in Minn. Stat. Sec. 138.664 et seq., and guidelines maintained by the Minnesota Historical Society, Owners convey and warrant to the Trust and the Trust accepts a perpetual preservation and conservation easement on the Protected Land of the character and to the extent set forth herein. 1. In n The parties intend permanently to retain the Protected Land in its predominantly open and scenic condition, to retain Maryhill in its present architectural condition, and to prevent or remedy any subsequent activity or use that signifcantly impairs or interferes with the Preservation and Conservation Values of the Protected Land and Maryhill (tile "Intent "). Owners intend to restrict all subsequent use of the Protected Land to activities and modifications consistent with the terms of this Preservation and Conservation Easement. 2. Trust's Rights To accomplish the parties' intent, Owners convey the following rights to the Trust: A. The Trust shall preserve and protect the Preservation and Conservation Values of the Protected Land pursuant to the terms of this Preservation and Conservation Easement. B. The Trust shall enter or direct an architectural historian as its agent to enter the Protected Land and Maryhill at least annually (more often if necessary),at reasonable times to monitor activities, uses and modifications to Maryhill, and to enforce the terms of this Preservation and Conservation Easement. The Trust shall give reasonable prior notice to Owners of all such entries and shall not unreasonably interfere with Owners' use and quiet Carson GasemejA Page 3' enjoyment of the Protected Land. C. The Trust may act, pursuant to Paragraph 19, to prevent or remedy all activities and uses of the Protected Land not consistent with the terms of this Preservation and Conservation Easement. 3. Prohibited Uses Owners shall not perform or knowingly allow others to perform acts on the Protected Land that would significantly impair or interfere with the Preservation and Conservation Values of the Protected Land and the Intent of the Preservation and Conservation Easement. This general restriction is not limited by the more specific restrictions set forth in Paragraphs 4 - 12. The parties acknowledge that the current use of the Protected Land as a residential property is consistent with the terms of this Preservation and Conservation Easement and the Owners may, subject to the restrictions set forth in Paragraphs 4 - 13, continue making such use of the Protected Land. 4. ResidentiaL Commercial and Industrial Uses Owners shall not subdivide, either legally or physically, all or part of the Protected Land for residential, commercial or industrial development. Owners shall not subdivide, either legally or physically, the Protected Land for any other reason without the prior written approval of the Trust. Owners shall not engage in commercial or industrial activities on the Protected Land. Owners shall not engage in the exploration or extraction of soil, sand, gravel, rock minerals, hydrocarbons or any other natural resource on or from the Protected Land. Owners shall not grant rights of way on the Protected Land in conjunction with commercial or industrial activites or residential development on lands other than the Protected Land. 5. Architectural Preservation of Marylijil For the purpose of assuring that the historic value and integrity of Maryhill shall be maintained, the Protected Land and Maryhill itself shall be maintained at all times in a good state of repair, structurally sound, and in substantially the condition existing on the date of this Preservation and Conservation Easement. To accomplish such purpose, Owners, for themselves and their heirs, representatives, successors and assigns, do hereby covenant and agree as follows: a. That no change or alteration of any kind shall be made to the exterior of any or all improvements, and no addition or new building, structure or improvement, including driveways, but excluding garden paths and garden walls, shall hereafter be placed, moved onto, or erected upon the Protected Land, whether attached to or detached from the improvements, without first receiving the written approval of the Trust. b. That the interior and exterior walls and roof of the house shall be repaired or renewed using only the same materials specified by the original architect, William Gray Purcell, or such as were still in use at the time this Easement was conveyed to the Trust. i Carson Easement, Page _j c. That the exterior wall surfaces shall be painted barn red (with outside white trim) as the house was maintained since the 1950s or, alternatively if renewed, shall be replaced with vertical grain clear cedar weatherboards covered with a clear sealer as originally specified. d. That the house shall not be removed from or repositioned on the Protected Land, and other improvements shall not be removed from or repositioned without first receiving the written approval of the Trust. e. That the exterior of the house shall be kept and maintained in good repair at all times. Also, the interior of the house shall be kept and maintained in good repair where failure to maintain may cause or tend to cause the exterior to fall into a state of disrepair. f. That additionally the following restrictions shall pertain to the following architecturally significant interior features of Maryhill: i. There shall be no alteration to the basic plan, including no removal of original walls or additions of new partitions, except in the basement and on the workshop floor. ii. Brick chimney surfaces alongside the front stairs, along the corridor and in the livingroom are not to be painted, coated, or covered. iii. Varnished woodwork is to be maintained throughout the livingroom, corridor, both balconies and landing above workshop, including ceilings, all principal rafters and joists, staircase balustrade, bookshelves, baseboards, door frames, and interior door surfaces opening into livingroom, balcony, and corridor. No varnished woodwork may be painted, except polychrome decoration as specified by William Gray Purcell. When renewed, woodwork must be varnished or covered with a comparable clear sealer. iv. Painted plank floors shall be maintained in livingroom and corridor. Worn floors shall be replaced with the same flooring as designed by William Gray Purcell. v. Steel casement windows shall be preserved and maintained as installed. Special personalized panes may be replaced and reset with clear glass. vi. William Gray Purcell- designed decorative features shall be preserved and maintained in their original locations, finishes, colors and condition, including the livingroom balcony balustrade, workshop balustrade, basement staircase balustrade, front door and door surrounds, livingroom bookcase, jack rafters, and leaded casement windows in kitchen. g. Subject to the more specific provisions of paragraph 18 herein, if in the determination of the Trust Maryhill is damaged beyond repair or destroyed by natural or human forces, Owners shall have the option of either rebuilding Maryhill according to the i Carson E sense )L Page <) original plans and specifications of William Gray Purcell or of leaving the Protected Land without any structure. Owners shall not replace Maryhill with anything other than a dwelling built on the same location on the Protected Land according to the original plans and specifications of William Gray Purcell (preserved in the Northwest Architectural Archives, University of Minnesota). If Owners choose not to replace Maryhill in this manner and anytime thereafter wish to sell the Protected Land without any dwelling, Owners may do so but the Protected Land shall not be subdivided for sale. The Protected Land shall be offered first for sale to the City of Edina at the then existing market value. In no event shall Maryhill be used for any purpose other than as a private residence. 6. Udl ty Systems Owners may maintain, repair and replace existing utility systems on the Protected Land including, without limitation, water, sewer, power, fuel and communications lines and related facilities. Owners shall not install new utility systems or extensions of existing utility systems on the Protected Land without the prior approval of the Trust, except as needed to serve any additional uses permitted by this Preservation and Conservation Easement. Owners may install, maintain and replace irrigation systems used on the Protected Land. 7. Surface Alteration Owners shall not alter the surface of the Protected Land including without limitation the filling, excavation or removal of soil, sand, gravel, rocks or other material except as reasonably required in the course of activities or uses permitted under the terms of this Preservation and Conservation Easement. Landscaping which does not significantly alter the terrain is permitted on the Protected Land surrounding Maryhill. 8. foil and Water Degradation Owners shall not engage in activities or uses that cause or are likely to cause soil degradation, erosion, or water pollution, either on the surface or underground. 9. Waste Removal Owners shall not dump or dispose of refuse or other waste material on the Protected Land, except for the disposal of brush and other plant material by composting or other environmentally safe method allowed by the City of Edina. 10. Water Bodies and Courses Owners shall not alter existing bodies of water or water courses or construct new bodies of water or water courses on the Protected Land without the prior written approval of the Trust. 11. Trees, shrubs and Vegetation Owners shall not remove, destroy, cut, mow or alter trees, shrubs, and other vegetation except (i) for areas immediately adjacent to and threatening buildings or improvements permitted by this Preservation and Conservation Easement, (ii) to prevent or control extreme infestations of insects, noxious weeds, diseases, fire, personal injury or property damage, (iii) for firewood intended for residential use on the Protected Land, (iv) as reasonably required to maintain the trails permitted in Paragraph 12, i {'arson fasement Page 6 and (v) for other activities or uses permitted by the terms of this Preservation and Conservation Easement. 12. Recreational Use Owners may maintain existing trails for walking, cross country skiing and other non- motorized recreational activities on or across the Protected Land. Owners shall not use or allow others to use motorcycles, all- terrain vehicles or other motorized vehicles on the Protected Land except for ingress and egress to Maryhill across the existing driveway and as reasonably necessary for other activities or uses permitted by the terms of this Preservation and Conservation Easement. 13. Signs Owners shall not erect or install any signs or billboards on the Protected Land except for signs stating the name and address of the Protected Land or the name of the persons residing on the Protected Land, announcing the sale or lease of the Protected Land, or the activities or uses permitted by the terms of this Preservation and Conservation Easement, designating the boundaries of or directions to the Protected Land, or restricting entry or use of the Protected Land. With the prior written approval of Owners, the Trust may erect or install signs announcing that the Protected Land is subject to this Preservation and Conservation Easement. For all signs permitted by this paragraph, the location, number and design must not significantly diminish the Preservation and Conservation Values of the Protected Land. 14. Trust's Approval The requirement that Owners obtain the prior written approval of the Trust is intended to let the Trust study the proposed use or change and decide if it is consistent with this Preservation and Conservation Easement and maintains or enhances the Preservation and Conservation Values of the Protected Land. Owners shall submit a request in writing to the Trust at least ninety days prior to the proposed date of commencement of the use or change in question. The request shall set out the details of the use or change sought, its design and location, the impact of the proposed use or change on the Preservation and Conservation Values of the Protected Land, and other material information in sufficient detail to allow the Trust to make an informed judgment that the proposed use or change is or is not consistent with this Preservation and Conservation Easement or would adversely affect the Preservation and Conservation Values of the Protected Land. The Trust shall notify Owners in writing of its decision within sixty days of its receipt of Owners' request. The Trust may withhold its approval only on a reasonable determination that the proposed use would be inconsistent with this Preservation and Conservation Easement, impairs the Preservation and Conservation Values of the Protected Land, results in violation of any applicable law or regulation or that it lacks information in sufficient detail to reach an informed judgment that the proposed use or change is or is not consistent with this Preservation and Conservation Easement. The Trust may condition its approval on the Owners' acceptance of modifications which in the Trust's judgment would make the proposed use or change, as modified, consistent with this Preservation and Conservation Easement or protects the Preservation and Conservation values of the Protected Land. (,arson Easement Page 15. Public Access No right of access by the public to any portion of the Protected Land is conveyed by this Preservation and Conservation Easement. 16. Reserved Rights Owners reserve all rights accruing from their ownership of the Protected Land including without limitation the right to engage in or allow others to engage in all activities or uses of the Protected Land that are not prohibited or limited by this Preservation and Conservation Easement, the right to exclude all or any of the public from the Protected Land and to sell or transfer the Protected Land subject to this Preservation and Conservation Easement. Owners shall inform all others who exercise any :right by or through them on the Protected Land of the terms of this Preservation and Conservation Easement. Owners shall incorporate by reference the terms of this Preservation and Conservation Easement in all deeds or other legal instruments by which they transfer any interest, including a leasehold interest, in all or part of the Protected Land. Owners shall give sixty days prior written notice to the Trust of a transfer of any part of fee title to the Protected Land. 17. Costs and Liabilities Owners retain all obligations and shall bear all costs and liabilities of any kind accruing from their ownership of the Protected Land including the following responsibilities: A. Owners shall remain solely responsible for the operations, upkeep and maintenance of the Protected Land. Owners shall keep the Protected Land free of all liens arising out of work performed for, materials furnished to, or obligations incurred by Owners. B. Owners shall pay all taxes and assessments levied against the Protected Land including any taxes or assessments levied against the interest of the Trust established by this Preservation and Conservation Easement. The Trust may but is not obligated to make any payment of taxes or assessments levied against the Protected Land or the interest established by this Preservation and Conservation Easement and shall have a right of reimbursement against Owners for such amounts. Such amounts paid by the Trust small constitute a lien on the Protected Land with the same effect and priority as a mechanic's lien. -e C. Owners shall remain solely responsible for maintaining liability insurance for their uses of the Protected Land and the Protected Land itself. Liability insurance policies maintained by the Owner covering the Protected Land will name the Trust as an additional named insured. Owners shall hold harmless, indemnify and defend the Trust from and against all liabilities, penalties, costs, losses, damages, expenses, causes of action, claims, demands or judgments, including without limitation reasonable attorneys fees, arising out of or relating to (i) personal injury, death or property damage resulting from an act, omission, or condition on or about the Protected Land unless due solely to the negligence or willful act of the Trust, (ii) the obligations retained by Owners to maintain the Protected Land and pay taxes in Paragraph 17 (A) and (B), and (iii) the mere existence of this Preservation and Conservation Easement. •Carson Easement Page 8' 18. Casualty Damage or Destruction In the event that Maryhill or any part thereof shall be damaged or destroyed by fire, flood, windstorm, earth movement or other casualty, Owners shall notify the Trust in writing within fourteen (14) days of the damage or destruction, such notification including what, if any, emergency work has already been completed. No repairs or reconstruction of any kind, other than temporary emergency work to prevent further damage to Maryhill and to protect public safety, shall be undertaken by Owners without the Trust's prior written approval of the work. Within four (4) weeks of the date of damage or destruction, Owners shall submit to the Trust a written report prepared by a qualified restoration architect and an engineer, if required by the Trust, acceptable to the Owners and the Trust which shall include the following: A. an assessment of the nature and extent of the damage; B. a determination of the feasibility of the restoration of Maryhill and /or reconstruction of damaged or destroyed portions of Maryhill; and C. a report of such restoration /reconstruction work necessary to return Maryhill to the condition existing at the date hereof. If, after reviewing the report provided above, Owners and the Trust agree that the purpose of the Preservation and Conservation Easement will be served by such restoration /reconstruction, Owners and the Trust shall establish a schedule under which Owners shall complete the restoration /construction of Maryhill in accordance with plans and specifications consented to by the parties up to at least the total of the casualty insurance proceeds. If, after reviewing the report, Owners and the Trust agree that the preservation purpose of the Preservation and Conservation Easement would not be served by such restoration /construction, Owners shall obtain the prior written consent of the Trust in the event Owners wish to demolish, remove or raze Maryhill. At such time, the provisions of paragraph 5.g. shall take effect. If, after reviewing the report, Owners and the Trust cannot agree that the purpose of the Preservation and Conservation Easement will or will not be served by such restoration /reconstruction, the matter may be referred by either party to binding arbitration and settled in accordance with the State of Minnesota arbitration statute then in effect. 19. Enforcement If the Trust finds at any time that Owners have breached or may breach the terms of this Preservation and Conservation Easement, the Trust may give written notice of the breach to Owners and demand action to cure the breach including without limitation restoration of the Protected Land and Maryhill. If Owners do not cure the breach within thirty days of notice, the Trust may commence an action to (i) enforce the terms of this Preservation and Conservation Easement, (ii) enjoin the breach, ex parte if needed, either temporarily or permanently, (iii) recover damages, (iv) require restoration of the Protected Land to its condition prior to the breach, and (v) pursue any other remedies available to it in law or equity. If, in its sole discretion, the Trust determines that immediate action is needed {'arson Ea>einel]E Page 9 to prevent or mitigate significant damage to the Protected Land, the Trust may pursue its remedies under this Paragraph without written notice or giving Owners time to cure the breach. 20. Costs of Enforcement If the Trust prevails in an action brought under Paragraph 19, Owners shall reimburse the Trust for all costs incurred by the Trust in enforcing the terms of this Preservation and Conservation Easement including without limitation costs of suit, reasonable attorneys fees, and costs of restoration. If Owners prevail and the Court finds that the Trust brought the action without reasonable cause or in bad faith, the Trust shall reimburse Owners' costs of defense including without limitation costs of suit and reasonable attorneys fees. 21. Waiver The manner in which the Trust enforces the terms of this Preservation and Conservation Easement is subject to the Trust's discretion. A decision by the Trust not to exercise its rights of enforcement in the event of a breach of a term of this Preservation and Conservation Easement shall not constitute a waiver by the Trust of such term, any subsequent breach of the same or any other term, or any of the Trust's rights under this Preservation and Conservation Easement. The delay or omission by the Trust to discover a breach by Owners or to exercise a right of enforcement as to such breach shall not impair or waive its rights of enforcement against Owners. 22. Acts Beyond Owners' Control The Trust shall not exercise its rights of enforcement against Owner for injury or alteration to the Protected Land resulting from causes beyond the reasonable control of Owners including without limitation fire, flood, storm and earth movement, or from any prudent action taken by Owners under emergency conditions to prevent, abate, or mitigate significant injury or alteration to the Protected Land resulting from such causes. 23. Extinguishment If subsequent unexpected changes in the conditions surrounding the Protected Land make it impossible to protect the Preservation and Conservation Values of the Protected Land, this Preservation and Conservation Easement can only be extinguished, either all or in part, by proceedings in a court having jurisdiction. The amount of net proceeds to which the Trust is entitled from an extinguishment, which shall be in an amount which reflects its percentage interest in the fair market value of the Protected Land, shall be used consistent with the preservation and protection of the natural, scenic and historic qualities of land in Minnesota. Net proceeds shall include, without limitation, insurance proceeds, condemnation proceeds or awards, proceeds from a sale in lieu of condemnation, and proceeds from the sale or exchange by Owners of any portion of the Protected Land after extinguishment. i Carson bsenienl Page 10 In the event of extinguishment, the provisions of this paragraph shall survive extinguishment and shall constitute a lien on the Protected Land with the same effect and priority as a mechanic's lien. 24. Ass$nment of Easement The Trust may transfer its rights and obligations in this Preservation and Conservation Easement only to a qualified conservation organization and /or a qualified historic preservation organization, as provided in Section 170(h) of the Internal Revenue Code, which may hold conservation and /or preservation easements, as provided in Minn. Stat. Ch. 84C. As a condition of such transfer, the Trust shall require the continued enforcement of this Preservation and Conservation Easement. 25. Notices Any notice or other communication that either party wishes to or must give to the other shall be in writing and either served personally or sent by first class mail, postage prepaid, to the following addresses or such other address as either party shall designate by written notice to the other: Owners: K. Paul Carson, Jr. and Mary F. Carson 6001 Pine Grove Road Edina, MN 55436 Trust: Minnesota Land Trust 70 N. 22nd Avenue Minneapolis, MN 55411 Attn: Land Projects Committee 26. Governim Law and Construction This Preservation and Conservation Easement shall be governed by the laws of Minnesota. 27. Entire Agreemen This Preservation and Conservation Easement sets forth the entire agreement of the parties and supersedes all prior discussions. 28. Amendment The parties may amend this Preservation and Conservation Easement provided that such amendment (i) shall not impair or threaten the Preservation and Conservation Values of the Protected Land, (ii) shall not affect the perpetual duration of this Preservation and Conservation Easement, (iii) is approved by the Trust pursuant to its Policy Statement on Amending Conservation Easements, and (iv) shall not affect the qualification of this Preservation and Conservation Easement under Minnesota Statutes Ch. 84C or the status of the Trust under Sections 501(c)(3) and 170(h) of the Internal Revenue Code of 1986, as amended. 29. Binding Effect The covenants, terms, conditions and restrictions of this Preservation and Conservation Easement shall bind and inure to the benefit of the parties, their personal representatives, heirs, successors, assigns and all others who exercise any right by or through them and shall run in perpetuity with the Protected Land. i Caron Easement Page II OWNERS: -4k "Vol K. Paul Carson, Jr. Mary F. ffarson STATE OF MINNESOTA TRUST: MIN OTA ND TRresidUST M David B. Hartwell, Pent COUNTY OF HENNEPIN in instrument was acknowledged before me this day of March, 1996, by K. The foregoing g Paul Carson, Jr. and Mary F. Carson, husband and wi % RENAY w LEONE J! ►MCAARV CO A My Cwm Op. 01411 0M Notary ublic STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me thisC99y�ay of March, 1996, by David B. Hartwell, the President of Minnesota Land Trust, a Minnesota nonprofit corporation. Notary Publi THIS INSTRUMENT WAS DRAFTED BY: MINNESOTA LAND TRUST 70 N. 22nd Avenue Minneapolis, MN 55411 (612) 522 -3743 RENAY w LEONE jf WrAw Ftmw YNIAWTA CARVER COUNTY W came m000 Exp, 01131=W Car on Ea seineut Page 1? EXHIBIT A Legal Description of Protected Land 1j Lot 1, Block 1, Carson's Hill, in Hennepin County, Minnesota; except that part of Lot 1, Block 1, Carson's Hill described as follows: Beginning at the northeast corner of said Lot 1, said point being marked by a Judicial Landmark; thence south 0 degrees 21 minutes 48 seconds West, assumed bearing, along the east line of said Lot 1, a distance of 599.49 feet to the southeast corner of said Lot 1, said point being marked by a Judicial Landmark; thence south 89 degrees 57 minutes 37 seconds West, along the south line of said Lot 1, a distance of 361.23 feet to the southwest corner of said Lot 1, said point being marked by a Judicial Landmark; thence North 0 degrees 21 minutes 55 seconds East, along the west line of said Lot 1, a distance of 203.87 feet; thence North 77 degrees 04 minutes 53 seconds East, a distance of 32.76 feet; thence northeasterly a distance of 52.87 feet along a tangential curve, concave to the northwest, having a radius of 76.83 feet and a central angle of 39 degrees 25 minutes 36 seconds; thence North 37 degrees 39 minutes 17 seconds East, . tangent to said curve, a distance of 70.67 feet; thence northeasterly a distance of 25.83 feet along a tangential curve, concave to the southeast, having a radius of 63.16 feet and a central angle of 23 degrees 26 minutes 03 seconds; thence North 61 degrees 05 minutes 20 seconds East, tangent to said last curve, a distance of 80.10 feet; thence northerly a distance of 81.23 feet along a tangential curve, concave to the west, having a radius of 44.61 feet and a central angle of 104 degrees 20 minutes 10 seconds; thence North 43 degrees 14 minutes 50 seconds West, tangent to last said curve, a distance of 53.84 feet; thence northerly a distance of 36.35 feet along a tangential curve, concave to the east, having a radius of 31.50 feet and a central angle of 66 degrees 06 minutes 52 seconds; thence North 22 degrees 52 minutes 02 seconds East, tangent to last said curve, a distance of 115.65 feet to a point in the north line of said Lot 1, distant 142.48 feet west from the northeast corner of said Lot l; thence on a bearing of East, along the North line of said Lot 1, a distance of 142.48 feet to the point of beginning. 7 . y: S • 6562405 17APR961039 A6592405 17APR961039 A6562405 17APR961039 A6562405 SCO $4.50 SER $5.00 DO'S $15. 00 DER �. Cc T A C R F E T! F! F! L sy 9a Af r I7 PX 1138 6562405 PT Y AND PRIOR TAXES PAID TAXPAYER SERVICES TRANSFER ENTERED MAR 2 0 1996 y 6557132 CONSERV TION EASEMENT THIS CONSERVATION EASEMENT is entered into this 9�day of March, 1996, by and between the City of Edina, whose address is 4801 West 50th Street, Edina, MN 55424 -1394 ( "Owner "), and the Minnesota Land Trust, a Minnesota nonprofit corporation having its principal office in Minneapolis, Minnesota ( "Trust "). WITNESSETH: A. Owner is the sole owner in fee simple of certain real property identified on Exhibit A, attached hereto and incorporated by this reference, consisting of approximately 3.5 acres of land located in Hennepin County, Minnesota ( "Protected Land "). B. The Protected Land is primarily open space, woodland and ravine. In addition, the Protected Land has scenic qualities that can be enjoyed by the public from Dundee Road and Ayrshire Boulevard in the City of Edina. C. The natural and scenic qualities and forested and open space character conservation Values ") of the Protected Land are set forth in a Property Report dated March , 1996, which the parties acknowledge accurately represents the present condition of the Protected Land. Each of the parties has a copy of the Property Report. The Trust intends to use the Property Report in monitoring subsequent uses of the Protected Land and enforcing the terms of this Conservation Easement. Notwithstanding this, the parties may use all other relevant evidence to establish the present condition of the Protected Land in the event of a disagreement as to whether a subsequent activity or use is consistent with the terms of this Conservation Easement. D. Owner intends to convey to the Trust the right to preserve and protect the Conservation Values of the Protected Land in perpetuity and to prevent subsequent activities or uses that are inconsistent with the terms of this Conservation Easement. E. The grant of this Conservation Easement will serve the policies of the State of Minnesota which encourage the protection of Minnesota's natural resources, as set forth in part in Minnesota Statutes Section 84C.01 -02 (Conservation Easements). F. The Trust is a publicly supported, nonprofit corporation which seeks to protect the natural, scenic, agricultural, forested, and open space conditions of land in Minnesota. In addition, the Trust is qualified as a conservation organization under Sections 501(c)(3) and 170(h) of the Internal Revenue Code. The Trust has agreed to assume the obligation of protecting the natural and scenic qualities of the Protected Land in perpetuity according to the terms of this Conservation Easement. Edina Conservation Easement Page 2 NOW, THEREFORE, in consideration of their mutual covenants and pursuant to the provisions relating to conservation easements set forth in Minnesota Statutes Sections 84C.01- .05, Owner conveys and warrants to the Trust and the Trust accepts a perpetual conservation easement on the Protected Land of the character and to the extent set forth herein. 1. Intent The parties intend to permanently retain the Protected Land as open space and its predominantly natural condition and to prevent any subsequent activity or use that significantly impairs or interferes with the Conservation Values of the Protected Land. Owner intends to restrict all subsequent use of the Protected Land to activities consistent with the terms of this Conservation Easement. 2. Trust's Rights To accomplish the parties' intent, Owner conveys the following rights to the Trust: A. The Trust shall preserve and protect the Conservation Values of the Protected Land pursuant to the terms of this Conservation Easement. B. The Trust may enter the Protected Land at reasonable times to monitor subsequent activities and uses and to enforce the terms of this Conservation Easement. The Trust shall give reasonable prior notice to Owner of all such entries and shall not unreasonably interfere with the use and quiet enjoyment by Owner and the public of the Protected Land. C. The Trust may act, pursuant to Paragraph 16, to prevent all subsequent activities and uses of the Protected Land not consistent with the terms of this Conservation Easement. 3. Prohibited Uses Owner shall not perform or knowingly allow others to perform acts on the Protected Land that would significantly impair or interfere with the Conservation Values of the Protected Land. This general restriction is not limited by the more specific restrictions set forth in Paragraphs 4 -12. The parties acknowledge that the present use of the Protected Land is consistent with the terms of this Conservation Easement *and the Owner may, subject to the restrictions set forth in Paragraphs 4 -13, continue making such use of the Protected Land. 4. Residential, Commercial & Industrial Uses Owner shall not subdivide all or part of the Protected Lands for residential, commercial or industrial development. Owner shall not engage in commercial or industrial activities on the Protected Land. Owner shall not engage in the exploration or extraction of soil, sand, gravel, rock minerals, hydrocarbons or any other natural resource on or from the Protected Land. Owner shall not grant rights of way on the Protected Land in conjunction with commercial or industrial activities or residential development on lands other than the Protected Land. Edina Conservation Easement Page 3 5. Construction Owner shall not construct or install buildings or improvements of any kind including, without limitation, fences, driveways, parking lots, and roads, on the Protected Land, except as specified herein. Owner may maintain, repair, and replace existing paths but shall not widen them unless doing so lessens the environmental impact of the path on the Protected Land and Owner has obtained the prior written approval of the Trust. 6. Utility Systems Owner may maintain, repair, and replace existing utility systems on the Protected Land including, without limitation, water, sewer, power, fuel, and communications lines and related facilities. Owner shall not install new utility systems or extensions of existing utility systems on the Protected Land including, without limitation, water, sewer, power, fuel, and communications lines and related facilities, without the prior approval of the Trust except as needed to serve any additional uses permitted by the terms of this Conservation Easement. 7. Surface Alteration Owner shall not alter the surface of the Protected Land including, without limitation, the filling, excavation, or removal of soil, sand, gravel, rocks, or other material except as reasonably required in the course of activities or uses permitted under the terms of this Conservation Easement. 8. Soil and Water Degradation Owner shall not engage in activities or uses with respect to the Protected Land that cause or are likely to cause soil degradation, erosion, or water pollution, either on the surface or underground. 9. Waste Removal Owner shall not dump or dispose of refuse or other waste material on the Protected Land although, subject to applicable laws and regulations, Owner may dispose of brush and other plant material from the Protected Land by composting. 10. Water Bodies and Courses Owner shall not alter existing bodies of water or water courses on the Protected Land or construct new bodies of water or water courses on the Protected Land except as reasonably required for the activities or uses permitted by the terms of this Conservation Easement and for which Owner has obtained the prior written approval of the Trust. 11. Trees, Shrubs, and Vegetation Owner shall not remove, destroy, cut, mow, or alter trees, shrubs, and other vegetation on the Protected Land except (i) for areas immediately adjacent to improvements permitted by Paragraph 5, (ii) to prevent or control severe infestations of insects, noxious weeds, diseases, fire, personal injury, or property damage, (iii) for periodic removal of brush and invasive non - native species of trees and plants; and (iv) for other activities or uses permitted by the terms of this Conservation Easement. If Owner does not remove vegetation pursuant to subparagraph (iii) above, the Trust may, but is not obligated to, remove such vegetation at its sole expense. Edina Conservation Easement Page 4 12. Sigm Owner shall not erect or install any signs or billboards on the Protected Land except for signs stating the name and address of the Protected Land or the name of the persons residing on the Protected Land, announcing the sale or lease of the Protected Land or the activities or uses permitted by the terms of this Conservation Easement, designating the boundaries of or directions to the Protected Land, or restricting entry to or use of the Protected Land. With the prior written approval of Owner, the Trust may erect or install signs announcing that the Protected Land is subject to this Conservation Easement. For all signs permitted by this Paragraph, the location, number, and design must not significantly diminish the natural and scenic qualities of the Protected Land. 13. Trust's Approval The requirement that Owner obtain the prior written approval of the Trust is intended to let the Trust study the proposed use and decide if it is consistent with this Conservation Easement and maintains or enhances the Conservation Values of the Protected Land. Owner shall submit a request in writing to the Trust at least ninety days prior to the proposed date of commencement of the use in question. The request shall set out the use for which approval is sought, its design and location, the impact of the proposed use on the Conservation Values of the Protected Land, and other material information in sufficient detail to allow the Trust to make an informed judgment that the proposed use is or is not consistent with this Conservation Easement or would adversely effect the Conservation Values of the Protected Land. The Trust shall notify Owner in writing of its decision within sixty days of its receipt of Owners' request. The Trust may withhold its approval only on a reasonable determination that the proposed use would be inconsistent with this Conservation Easement, impairs the Conservation Values of the Protected Land, results in violation of any applicable law or regulation or that it lacks information in sufficient detail to reach an informed judgment that the proposed use is or is not consistent with this Conservation Easement. The Trust may condition its approval on the Owner's acceptance of modifications which, in the Trust's judgment, would make the proposed use, as modified, consistent with this Conservation Easement or protects the Conservation Values of the Protected Land. 14. Reserved Rights Owner reserves all rights accruing from its ownership of the Protected Land including, without limitation, the right to engage in or allow others to engage in all activities or uses of the Protected Land that are not prohibited or limited by this Conservation Easement, the right to exclude all or any of the public from the Protected Land and to sell or transfer all or part of the Protected Land subject to this Conservation Easement. Owner shall inform all others who exercise any right by or through it on the Protected Land of the terms of this Conservation Easement. Owner shall incorporate by reference the terms of this Conservation Easement in all deeds or other legal instruments by which it transfers any interest, including a leasehold interest, in all or part of the Protected Land. Owner shall give sixty days prior written notification to the Trust of a transfer of all or any part of fee title to the Protected Land. 15. Costs and Liabilities Owner retains all obligations and shall bear all costs and Edina Conservation Easement: Page 5 liabilities of any kind accruing from its ownership of the Protected Land. 16. Enforcement The terms of this Conservation Easement may be enforced by the Trust against the Owner and any person violating or attempting to violate the same by any legal or equitable remedies available, including without limitation mandatory injunction. 17. Costs of Enforcement If the Trust prevails in an action brought under Paragraph 16, Owner shall reimburse the Trust for all costs incurred by the Trust in enforcing the terms of this Conservation Easement including, without limitation, costs of suit, reasonable attorney's fees, and costs of restoration. If Owner prevails and the District Court finds that the Trust brought the action without reasonable cause or in bad faith, the Trust shall reimburse Owner's costs of defense including, without limitation, costs of suit and reasonable attorney's fees. 18. Waiver The enforcement of the terms of this Conservation Easement is subject to the Trust's discretion. A decision by the Trust not to exercise its rights of enforcement in the event of a breach of a term of this Conservation Easement shall not constitute a waiver by the Trust of such term, any subsequent breach of the same or any other term, or any of the Trust's rights under this Conservation Easement. The delay or omission by the Trust to discover a breach by Owner or to exercise a right of enforcement as to such breach shall not impair or waive its rights of enforcement against Owner. 19. Acts Beyond Owner's Control The Trust shall not exercise its rights of enforcement against Owner for injury or alteration to the Protected Land resulting from causes beyond the reasonable control of Owner including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken by Owner under emergency conditions to prevent, abate, or mitigate significant injury or alteration to the Protected Land resulting from such causes. 20. Extinguishment If subsequent unexpected changes in the conditions surrounding the Protected Land make it impossible to preserve and protect the Conservation Values of the Protected Land, this Conservation Easement can only be extinguished, either all or in part, by proceedings in a court having jurisdiction. 21. Assignment of Easement The Trust may transfer its rights and obligations in this Conservation Easement only to a qualified conservation organization, as provided in Section 170(h) of the Internal Revenue Code, which may hold conservation easements, as provided in Minnesota Statutes Sec. 84C.01(2) (1992). As a condition of such transfer, the Trust shall require the continued enforcement of this Conservation Easement. 22. Notices Any notice or other communication that either party wishes to or must give to the other shall be in writing and either served personally or sent by first class mail, Edina Conservation Easement Page 6 postage prepaid, to the following addresses or such other address as either party shall designate by written notice to the other: OWNERS: TRUST: City of Edina Minnesota Land Trust 4801 West 50th Street 70 North 22nd Avenue Edina, MN 55424 -1394 Minneapolis, MN 55411 -2237 ATTN: City Manager ATTN: Land Projects Committee 23. Governing Law and Construction This Conservation Easement shall be governed by the laws of Minnesota. 24. Entire Agreement This Conservation Easement sets forth the entire agreement of the parties and supersedes all prior discussions. 25. Amendment The parties may amend this Conservation Easement provided that such amendment (i) shall not impair or threaten the Conservation Values of the Protected Land, (ii) shall not affect the perpetual duration of this Conservation Easement, (iii) is approved by the Trust pursuant to its Policy Statement on Amending Conservation Easements, and (iv) shall not affect the qualification of this Conservation Easement under Minnesota Statutes Sections 84C.01- 84C.05 or the status of the Trust under Section 170(h) of the Internal Revenue Code. 26. Binding Effect The covenants, terms, conditions, and restrictions of this Conservation Easement shall bind and inure to the benefit of the parties, their personal representatives, heirs, successors, assigns, and all others who exercise any right by or through them and shall run in perpetuity with the Protected Land. OWNERS: TRUST: CITY O DIN MINN POT LAND TRUST By _ C Its Mayo ' avi B. H rtwell, President B Its City Manag r Edina Conservation Easement Page 7 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this /Wt day of March, 1996, by and X14 L q c� ,�, t, , the Mayor and City Manager, respectively, of the City of Edina, a municipal corporation under the laws of Minnesota. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN 0 DEBRA A. MANOEN NOTARy pUBUC- NNNESOTA j ;' MY COMMISSION EXPIRES 1.31.00 �,. This instrument was acknowledged before me this day of March, 1996, before me by David B. Hartwell, President of Minnesota Land Trust, a nonprofit Minnesota corporation. Notary Pu This instrument was drafted by: Minnesota Land Trust 70 North 22nd Avenue Minneapolis, MN 55411 -2237 (612) 522 -3743 +t, Rk LEONE 1i NOM �� WIM CCOUNTYMy Ca►I *. 01411MOW - - 60 %# W Edina Conservation Easement Page 8 EXHIBIT A Legal Description That part of Lot 1, Block 1, Carson's Hill, in Hennepin County, Minnesota, described as follows: Beginning at the northeast corner of said Lot 1, said point being marked by a Judicial Landmark; thence south 0 degrees 21 minutes 48 seconds West, assumed bearing, along the east line of said Lot 1, a distance of 599.49 feet to the southeast corner of said Lot 1, said point being marked by a Judicial Landmark; thence south 89 degrees 57 minutes 37 seconds West, along the south line of said Lot 1, a distance of 361.23 feet to the southwest corner of said Lot 1, said point being marked by a Judicial Landmark; thence North 0 degrees 21 minutes 55 seconds East, along the west line of said Lot 1, a distance of 203.87 feet; thence North 77 degrees 04 minutes 53 seconds East, a distance of 32.76 feet; thence northeasterly a distance of 52.87 feet along a tangential curve, concave to the northwest, having a radius of 76.83 feet and a central angle of 39 degrees .25 minutes 36 seconds; thence North 37 degrees 39 minutes 17 seconds East, tangent to said curve, a distance of 70.67 feet; thence northeasterly a distance of 25.83 feet along a tangential curve, concave to the southeast, having a radius of 63.16 feet and a central angle of 23 degrees 26 minutes 03 seconds; thence North 61 degrees 05 minutes 20 seconds East, tangent to said last curve, a distance of 80.10 feet; thence northerly a distance of 81.23 feet along a tangential curve, concave to the west, having a radius of 44.61 feet and a central angle of 104 degrees 20 minutes 10 seconds; thence North 43 degrees 14 minutes 50 seconds West, tangent to last said curve, a distance of 53.84 feet; thence northerly a distance of 36.35 feet along a tangential curve, concave to the east, having a radius of 31.50 feet and a central angle of 66 degrees 06 minutes 52 seconds; thence North 22 degrees 52 minutes 02 seconds East, tangent to last said curve, a distance of 115.65 feet to a point in the north line of said Lot 1, distant 142.48 feet west from the northeast corner of said Lot 1; thence on a bearing of East, along the North line of said Lot 1, a distance of 142.48 feet to the point of beginning. 6557132 2-15 065517132, '73ER $5, CID 4 A F R*9 610 ; 25 0655 13 2 -3ZO $4.50 4A, CF'9610:25 DE-557132 DOC $15, 00 �,)7 A 4 M, 10:27 F r rn K�v - us+ Tew�a .and -Ti� KXN h &On c) iDJQ- mos MQ SSYI I CONSERVATION EASEMENT THIS CONSERVATION EASEMENT is entered into this day of March, 1996, by and between the City of Edina, whose address is 4801 West 50th Street, Edina, MN 55424 -1394 ( "Owner "), and the Minnesota Land Trust, a Minnesota nonprofit corporation having its principal office in Minneapolis, Minnesota ( "Trust "). WITNESSETH: A. Owner is the sole owner in fee simple of certain real property identified on Exhibit A, attached hereto and incorporated by this reference, consisting of approximately 3.5 acres of land located in Hennepin County, Minnesota ( "Protected Land "). B. The Protected Land is primarily open space, woodland and ravine. In addition, the Protected Land has scenic qualities that can be enjoyed by the public from Dundee Road and Ayrshire Boulevard in the City of Edina. C. The natural and scenic qualities and forested and open space character ( "Conservation Values ") of the Protected Land are set forth in a Property Report dated March 1996, which the parties acknowledge accurately represents the present condition of the Protected Land. Each of the parties has a copy of the Property Report. The Trust intends to use the Property Report in monitoring subsequent uses of the Protected Land and enforcing the terms of this Conservation Easement. Notwithstanding this, the parties may use all other relevant evidence to establish the present condition of the Protected Land in the event of a disagreement as to whether a subsequent activity or use is consistent with the terms of this Conservation Easement. D. Owner intends to convey to the Trust the right to preserve and protect the Conservation Values of the Protected Land in perpetuity and to prevent subsequent activities or uses that are inconsistent with the terms of this Conservation Easement. E. The grant of this Conservation Easement will serve the policies of the State of Minnesota which encourage the protection of Minnesota's natural resources, as set forth in part in Minnesota Statutes Section 84C.01 -02 (Conservation Easements). F. The Trust is a publicly supported, nonprofit corporation which seeks to protect the natural, scenic, agricultural, forested, and open space conditions of land in Minnesota. In addition, the Trust is qualified as a conservation organization under Sections 501(c)(3) and 170(h) of the Internal Revenue Code. The Trust has agreed to assume the obligation of protecting the natural and scenic qualities of the Protected Land in perpetuity according to the terms of this Conservation Easement. Edina Conservation Easement Page 2 NOW, THEREFORE, in consideration of their mutual covenants and pursuant to the provisions relating to conservation easements set forth in Minnesota Statutes Sections 84C.01- .05, Owner conveys and warrants to the Trust and the Trust accepts a perpetual conservation easement on the Protected Land of the character and to the extent set forth herein. 1. Intent The parties intend to permanently retain the Protected Land as open space and its predominantly natural condition and to prevent any subsequent activity or use that significantly impairs or interferes with the Conservation Values of the Protected Land. Owner intends to restrict all subsequent use of the Protected Land to activities consistent with the terms of this Conservation Easement. 2. Trust's Rights To accomplish the parties' intent, Owner conveys the following rights to the Trust: A. The Trust shall preserve and protect the Conservation Values of the Protected Land pursuant to the terms of this Conservation Easement. B. The Trust may enter the Protected Land at reasonable times to monitor subsequent activities and uses and to enforce the terms of this Conservation Easement. The Trust shall give reasonable prior notice to Owner of all such entries and shall not unreasonably interfere with the use and quiet enjoyment by Owner and the public of the Protected Land. C. The Trust may act, pursuant to Paragraph 16, to prevent all subsequent activities and uses of the Protected Land not consistent with the terms of this Conservation Easement. 3. Prohibited Uses Owner shall not perform or knowingly allow others to perform acts on the Protected Land that would significantly impair or interfere with the Conservation Values of the Protected Land. This general restriction is not limited by the more specific restrictions set forth in Paragraphs 4 -12. The parties acknowledge that the present use of the Protected Land is consistent with the terms of this Conservation Easementland the Owner may, subject to the restrictions set forth in Paragraphs 4 -13, continue making such use of the Protected Land. 4. Residential, Commercial & Industrial Uses Owner shall not subdivide all or part of the Protected Lands for residential, commercial or industrial development. Owner shall not engage in commercial or industrial activities on the Protected Land. Owner shall not engage in the exploration or extraction of soil, sand, gravel, rock minerals, hydrocarbons or any other natural resource on or from the Protected Land. Owner shall not grant rights of way on the Protected Land in conjunction with commercial or industrial activities or residential development on lands other than the Protected Land. Edina Conservation Easement Page 3 5. Construction Owner shall not construct or install buildings or improvements of any kind including, without limitation, fences, driveways, parking lots, and roads, on the Protected Land, except as specified herein. Owner may maintain, repair, and replace existing paths but shall not widen them unless doing so lessens the environmental impact of the path on the Protected Land and Owner has obtained the prior written approval of the Trust. 6. Utility Systems Owner may maintain, repair, and replace existing utility systems on the Protected Land including, without limitation, water, sewer, power, fuel, and communications lines and related facilities. Owner shall not install new utility systems or extensions of existing utility systems on the Protected Land including, without limitation, water, sewer, power, fuel, and communications lines and related facilities, without the prior approval of the Trust except as needed to serve any additional uses permitted by the terms of this Conservation Easement. 7. Surface Alteration Owner shall not alter the surface of the Protected Land including, without limitation, the filling, excavation, or removal of soil, sand, gravel, rocks, or other material except as reasonably required in the course of activities or uses permitted under the terms of this Conservation Easement. 8. Soil and Water Degradation Owner shall not engage in activities or uses with respect to the Protected Land that cause or are likely to cause soil degradation, erosion, or water pollution, either on the surface or underground. 9. Waste Removal Owner shall not dump or dispose of refuse or other waste material on the Protected Land although, subject to applicable laws and regulations, Owner may dispose of brush and other plant material from the Protected Land by composting. 10. Water Bodies and Courses Owner shall not alter existing bodies of water or water courses on the Protected Land or construct new bodies of water or water courses on the Protected Land except as reasonably required for the activities or uses permitted by the terms of this Conservation Easement and for which Owner has obtained the prior` written approval of the Trust. 11. Trees, Shrubs, and Vegetation Owner shall not remove, destroy, cut, mow, or alter trees, shrubs, and other vegetation on the Protected Land except (i) for areas immediately adjacent to improvements permitted by Paragraph 5, (ii) to prevent or control severe infestations of insects, noxious weeds, diseases, fire, personal injury, or property damage, (iii) for periodic removal of brush and invasive non - native species of trees and plants; and (iv) for other activities or uses permitted by the terms of this Conservation Easement. If Owner does not remove vegetation pursuant to subparagraph (iii) above, the Trust may, but is not obligated to, remove such vegetation at its sole expense. Edina Conservation Easement Page 4 12. S i lily Owner shall not erect or install any signs or billboards on the Protected Land except for signs stating the name and address of the Protected Land or the name of the persons residing on the Protected Land, announcing the sale or lease of the Protected Land or the activities or uses permitted by the terms of this Conservation Easement, designating the boundaries of or directions to the Protected Land, or restricting entry to or use of the Protected Land. With the prior written approval of Owner, the Trust may erect or install signs announcing that the Protected Land is subject to this Conservation Easement. For all signs permitted by this Paragraph, the location, number, and design must not significantly diminish the natural and scenic qualities of the Protected Land. 13. Trust's Approval The requirement that Owner obtain the prior written approval of the Trust is intended to let the Trust study the proposed use and decide if it is consistent with this Conservation Easement and maintains or enhances the Conservation Values of the Protected Land. Owner shall submit a request in writing to the Trust at least ninety days prior to the proposed date of commencement of the use in question. The request shall set out the use for which approval is sought, its design and location, the impact of the proposed use on the Conservation Values of the Protected Land, and other material information in sufficient detail to allow the Trust to make an informed judgment that the proposed use is or is not consistent with this Conservation Easement or would adversely effect the Conservation Values of the Protected Land. The Trust shall notify Owner in writing of its decision within sixty days of its receipt of Owners' request. The Trust may withhold its approval only on a reasonable determination that the proposed use would be inconsistent with this Conservation Easement, impairs the Conservation Values of the Protected Land, results in violation of any applicable law or regulation or that it lacks information in sufficient detail to reach an informed judgment that the proposed use is or is not consistent with this Conservation Easement. The Trust may condition its approval on the Owner's acceptance of modifications which, in the Trust's judgment, would make the proposed use, as modified, consistent with this Conservation Easement or protects the Conservation Values of the Protected Land. 14. Reserved Rights Owner reserves all rights accruing from its ownership of the Protected Land including, without limitation, the right to engage in or allciw others to engage in all activities or uses of the Protected Land that are not prohibited or limited by this Conservation Easement, the right to exclude all or any of the public from the Protected Land and to sell or transfer all or part of the Protected Land subject to this Conservation Easement. Owner shall inform all others who exercise any right by or through it on the Protected Land of the terms of this Conservation Easement. Owner shall incorporate by reference the terms of this Conservation Easement in all deeds or other legal instruments by which it transfers any interest, including a leasehold interest, in all or part of the Protected Land. Owner shall give sixty days prior written notification to the Trust of a transfer of all or any part of fee title to the Protected Land. 15. Costs and Liabilities Owner retains all obligations and shall bear all costs and Edina Conservation Easement Page 5 liabilities of any kind accruing from its ownership of the Protected Land. 16. Enforcement The terms of this Conservation Easement may be enforced by the Trust against the Owner and any person violating or attempting to violate the same by any legal or equitable remedies available, including without limitation mandatory injunction. 17. Costs of Enforcement If the Trust prevails in an action brought under Paragraph 16, Owner shall reimburse the Trust for all costs incurred by the Trust in enforcing the terms of this Conservation Easement including, without limitation, costs of suit, reasonable attorney's fees, and costs of restoration. If Owner prevails and the District Court finds that the Trust brought the action without reasonable cause or in bad faith, the Trust shall reimburse Owner's costs of defense including, without limitation, costs of suit and reasonable attorney's fees. 18. Waiver The enforcement of the terms of this Conservation Easement is subject to the Trust's discretion. A decision by the Trust not to exercise its rights of enforcement in the event of a breach of a term of this Conservation Easement shall not constitute a waiver by the Trust of such term, any subsequent breach of the same or any other term, or any of the Trust's rights under this Conservation Easement. The delay or omission by the Trust to discover a breach by Owner or to exercise a right of enforcement as to such breach shall not impair or waive its rights of enforcement against Owner. 19. Acts Beyond Owner's Control The Trust shall not exercise its rights of enforcement against Owner for injury or alteration to the Protected Land resulting from causes beyond the reasonable control of Owner including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken by Owner under emergency conditions to prevent, abate, or mitigate significant injury or alteration to the Protected Land resulting from such causes. 20. Extinguishment If subsequent unexpected changes in the conditions surrounding the Protected Land make it impossible to preserve and protect the Conservation Values of the Protected Land, this Conservation Easement can only be extinguished, either all or in part, by proceedings in a court having jurisdiction. 21. Assignment of Easement The Trust may transfer its rights and obligations in this Conservation Easement only to a qualified conservation organization, as provided in Section 170(h) of the Internal Revenue Code, which may hold conservation easements, as provided in Minnesota Statutes Sec. 84C.01(2) (1992). As a condition of such transfer, the Trust shall require the continued enforcement of this Conservation Easement. 22. Notices Any notice or other communication that either party wishes to or must give to the other shall be in writing and either served personally or sent by first class mail, Edina Conservation Easement Page 6 postage prepaid, to the following addresses or such other address as either party shall designate by written notice to the other: OWNERS: TRUST: City of Edina Minnesota Land Trust 4801 West 50th Street 70 North 22nd Avenue Edina, MN 55424 -1394 Minneapolis, MN 55411 -2237 ATTN: City Manager ATTN: Land Projects Committee 23. Governing Law and Construction This Conservation Easement shall be governed by the laws of Minnesota. 24. Entire Agreement This Conservation Easement sets forth the entire agreement of the parties and supersedes all prior discussions. 25. Amendment The parties may amend this Conservation Easement provided that such amendment (i) shall not impair or threaten the Conservation Values of the Protected Land, (ii) shall not affect the perpetual duration of this Conservation Easement, (iii) is approved by the Trust pursuant to its Policy Statement on Amending Conservation Easements, and (iv) shall not affect the qualification of this Conservation Easement under Minnesota Statutes Sections 84C.01- 84C.05 or the status of the Trust under Section 170(h) of the Internal Revenue Code. 26. Binding Effect The covenants, terms, conditions, and restrictions of this Conservation Easement shall bind and inure to the benefit of the parties, their personal representatives, heirs, successors, assigns, and all others who exercise any right by or through them and shall run in perpetuity with the Protected Land. OWNERS: CITY OFFD1,N By ItZMayor By Its City Manager TRUST: MINNE T AND TRUST By C. vi . HarAvell, President Edina Conservation Easement Page 7 STATE OF MINNESOTA COUNTY OF N V Yom. This instrument was acknowledged before me this /0 day of March, 1996, by . S ie�n� and 41,41If ,OQzA Q adu&� , the Mayor and City Manager, respectively, of the City of Edina, a municipal corporation under the laws of Minnesota. STATE OF MINNESOTA COUNTY OF HENNEPIN DEBRA A. MANGEN NOTARY PUBue- MINNESOTA MY COMMISSION EXPIRES 141-W This instrument was acknowledged before me this U' 'day of March, 1996, before me by David B. Hartwell, President of Minnesota Land Trust, a nonprofit Minnesota corporation. /,"o Notar Publ' This instrument was drafted by: Minnesota Land Trust 70 North 22nd Avenue Minneapolis, MN 55411 -2237 (612) 522 -3743 '` ~� No RENAY W � CARVER pp(j� A �h Carr1�� E2gx OtAStl�ppp Edina Conservation Easement Page 8 EXHIBIT A Legal Description That part of Lot 1, Block 1, Carson's Hill, in Hennepin County, Minnesota, described as follows: Beginning at the northeast corner of said Lot 1, said point being marked by a Judicial Landmark; thence south 0 degrees 21 minutes 48 seconds West, assumed bearing, along the east line of said Lot 1, a distance of 599.49 feet to the southeast corner of said Lot 1, said point being marked by a Judicial Landmark; thence south 89 degrees 57 minutes 37 seconds West, along the south line of said Lot 1, a distance of 361.23 feet to the southwest corner of said Lot 1, said point being marked by a Judicial Landmark; thence North 0 degrees 21 minutes 55 seconds East, along the west line of said Lot 1, a distance of 203.87 feet; thence North 77 degrees 04 minutes 53 seconds East, a distance of 32.76 feet; thence northeasterly a distance of 52.87 feet along a tangential curve,, concave to the northwest, having a radius of 76.83 feet and a central angle of 39 degrees 25 minutes 36 seconds; thence North 37 degrees 39 minutes 17 seconds East, tangent to said curve, a distance of 70.67 feet; thence northeasterly a distance of 25.83 feet along a tangential curve, concave to the southeast, having a radius of 63.16 feet and a central angle of 23 degrees 26 minutes 03 seconds; thence North 61 degrees 05 minutes 20 seconds East, tangent to said last curve, a distance of 80.10 feet; thence northerly a distance of 81.23 feet along a tangential curve, concave to the west, having a radius of 44.61 feet and a central angle of 104 degrees 20 minutes 10 seconds; thence North 43 degrees 14 minutes 50 seconds West, tangent to last said curve, a distance of 53.84 feet; thence northerly a distance of 36.35 feet along a tangential curve, concave to the east, having a radius of 31.50 feet and a central angle of 66 degrees 06 minutes 52 seconds; thence North 22 degrees 52 minutes 02 seconds East, tangent to last said curve, a distance of 115.65 feet to a point in the north line of said Lot 1, distant 142.48 feet west from the northeast corner of said Lot 1; thence on a bearing of East, along the North line of said Lot 1, a distance of 142.48 feet to the point of beginning.