HomeMy WebLinkAbout2313510 NORTH CENTRAL LIFE TOWER
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
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
Mr. Kenneth E. Rosland
City of Edina
4801 West 50th Street
Edina, Minnesota 55424
Dear Ken:
THOMAS S. ERICKSON, P. A.
(612) 340 -2659
October 30, 1985
Re: Bonn Property Gift
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
011 331 562 32 50
I enclose herewith our title opinion on the property
acquired recently by the City of Edina by means of a gift
from Jessie D. Bonn. The title shows in the City of Edina
essentially free of encumbrances.
This property should now be accepted by the City
of Edina by Council resolution similar to the one adopted
in connection with the acceptance of the conveyance by Doctor
and Mrs. Carson. Also, as previously advised, the property
should be exempted from real estate taxes payable in 1986
and subsequent years; we were able to record the Deed on
October 15, 1985.
Very truly yours,
Thomas. Erickson
TSE:bjr
Enclosure
510 NORTH CENTRAL LIFE TOWER
445 MINNESOTA STREET
ST. PAUL,MINNESOTA 55101
(612) ZZ7 -8017
P. 0. BOX 848
340 FIRST NATIONAL BANK BUILDING
ROCHESTER, MINNESOTA 55903
(507) 286 -3156
312 FIRST NATIONAL BANK BUILDING
WAYZATA, MINNESOTA 55391
( 612) 475-0373
201 DAVIDSON BUILDING
8 THIRD STREET NORTH
GREAT FALLS, MONTANA 59401
(406) 727-3832
DORSEY & WHITNEY
A Partnership Including Professional Corporations
2200 FIRST BANK PLACE EAST
MINNEAPOLIS MINNESOTA 55402
304 TRANSWESTERN PLAZA III
550 NORTH 31- STREET
(612) 340 -2600
P. 0. BOX 1179
TELEX 29-0605
BILLINGS, MONTANA 59103
TELECOPIER : (612) 340-2868
(406) 252 -3800
SUITE 675 NORTH
IBOO M STREET N.W.
WASHINGTON, 0, C. 20035
(202) 955 -1050
200 PARK AVENUE
NEW YORK, NEW YORK 10166
(212) 972 -4433
30 RUE LA BOETIE
75008 PARIS, FRANCE
Oil 33 562 32 50
October 28, 1985
City of Edina
4801 West 50th Street
Edina, Minnesota 55424
Re: That part of the Northwest Quarter of the
Northwest Quarter of Section 32, Township 117,
Range 21, Hennepin County, Minnesota, described
as follows:
Beginning at the southeast corner of IDYLWOOD
THIRD ADDITION, according to the recorded plat
thereof; thence on an assumed bearing of East,
along the north line of IDYLWOOD SECOND ADDITION,
according to the recorded plat thereof, a
distance of 187.10 feet to the west line of
CARSON'S HILL; thence North 0 degrees 21 minutes
55 seconds East, along said west line, a distance
of 224.03 feet; thence North 89 degrees 02
minutes 12 seconds West, a distance of 57.66
feet; thence South 0 degrees 57 minutes 48
seconds West., a distance of 62.00 feet; thence
North 89 degrees 02 minutes 12 seconds West, a
distance of 26.00 feet; thence North 10 degrees
02 minutes 12 seconds West, a distance of 72.00
feet; thence North 82 degrees 02 minutes 12
seconds West, a distance of 90.14 feet to the
east line of said IDYLWOOD THIRD ADDITION; thence
South 0 degrees 28 minutes 05 seconds West, along
said east line, a distance of 246.84 feet to the
point of beginning.
Gentlemen:
We have examined the title to the above described
premises as shown by an Abstract of Title last certified to
DORSEY & WHITNEY
City of Edina
October 28, 1985
Page Two
August 21, 1952, at 7:00 A.M., by Title Insurance Company of
Minnesota and an examination of the documents filed in the
Office of the Hennepin County Recorder between August 21, 1952
at 7:00 A.M. through October 21, 1985 at 7:00 A.M. Based upon
such examination, we are of the opinion that as of October 21,
1985, at 7:00 A.M., fee title to said premises was vested in
CITY OF EDINA, a municipal corporation, free and clear of all
liens, charges and encumbrances, except as follows:
1. Taxes for 1985 and prior years are paid.
2. The half section sheet discloses that the above
premises does not abut on any public street.
3. Matters disclosed on survey dated September 18,
1985, prepared by Egan, Field & Nowak, Inc.
4. Subject to the restrictions set forth in deed to
the City of Edina, Document No. 5041829, which provide:
a) the property shall forever remain as open space
and in its natural condition; and
b) shall never be used for residential or commercial
purposes; and
c) 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.
This opinion is limited to the matters shown by said
Abstract of Title and in the documents so examined. All matters
not so shown are excepted from this opinion and include (a)
rights of any parties in possession, (b) possibility of liens
for improvements in process or completed on the premises within
the last one hundred twenty (120) days, (c) general zoning,
building and environmental protection laws, ordinances, regula-
tions and restrictions, (d) special assessments, (e) matters
which an accurate survey of the premises would disclose, (f)
security interests in crops or fixtures under Chapter 336,
Minnesota Statutes, and (g) the presence of hazardous sub-
stances, hazardous waste, pollutants or contaminants not
appearing in the Abstract of Title.
DORSEY & WHITNEY
City of Edina
October 28, 1985
Page Three
With respect to (a) above, we suggest that you satisfy
yourself that no one is in possession of the premises other than
the above named fee owner, or if anyone else is in possession,
that he does not claim any title or interest in the premises.
With respect to (b) above, we further suggest that you satisfy
yourself by a visual inspection of the premises that there have
been no improvements in process or completed on the premises
within the last one hundred twenty (120) days, or if there have
been such improvements, inquiry should be made to determine that
said improvements have been paid for in full. With respect to
(g) above, we further suggest that you satisfy yourselves by
testing and investigation of the premises that no such
substances, wastes, pollutants or contaminants are present in or
on the premises.
We call your attention to the fact that no examination
has been made of the original records or proceedings referred to
in said Abstract of Title, and this opinion is further subject
to any and all matters which would be disclosed by such an
examination.
RAS /j as
Very truly yours,
DORSEY & WHITNEY
By
John D. Giudicessi
510 NORTH CENTRAL LIFE TOWER
445 MINNESOTA STREET
ST. PAUL,MINNESOTA 55101
(612) 227-8017
P. 0. BOX 848
340 FIRST NATIONAL BANK BUILDING
ROCHESTER, MINNESOTA 55903
(507) 288-3156
312 FIRST NATIONAL BANK BUILDING
WAYZATA, MINNESOTA 55391
(612) 475 - 0373
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
October 9, 1985
Mr. Kenneth E. Rosland
City of Edina
4801 West 50th Street
Edina, Minnesota 55424
Re: Bonn Property Gift
Dear Ken:
201 201 DAVIDSON BUILDING
8 THIRD STREET NORTH
GREAT FALLS, MONTANA 59401
(406) 727 -3632
SUITE 575 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
4)zl;
I enclose herewith three (3) copies of a Quit Claim
Deed from Jessie D. Bonn, single, to the City of Edina. The
deed describes the property which was described in the survey
prepared by Egan, Field & Nowak dated September 18, 1985,
which you gave to me on October 7th. The enclosed deed
contains the same restrictions as in the deed from Dr. and
Mrs. Carson, i.e., the property shall remain open space and
in its natural condition and not be improved for any active
parks. I trust this is correct.
I am sending you this deed at this time without
having first made an examination of the title, because it
is important that we obtain execution and delivery of this
deed, and have it recorded, before October 15, 1985. If we
can obtain its recording prior to October 15, we can have
the portion of the property conveyed to the City exempted
from real estate taxes payable in 1986. Therefore, I propose
that we obtain execution of this deed immediately and have
it recorded and then obtain the necessary title evidence to
make sure that Mrs. Bonn owns the property and can convey
it to us without the joinder of any other persons.
-5
r
DORSEY & WHITNEY
Mr. Kenneth E. Rosland
Page Two
October 9, 1985
I am sending this deed to you so that you can obtain
execution by Mrs. Bonn. When executed, please return it to
me promptly (I presume it would be better to use messengers
rather than the mail since we are running short on time) and
I will then see to its recording.
Of course, it will also be necessary to eventually
adopt a council resolution accepting the gift of the land
and authorizing a lot division so that the parcel conveyed
to us can be separately taxed. On that point, we may have
some difficulty in obtaining recording of the deed prior to
a council resolution approving the lot division, but we will
make the attempt.
TSE:jn
Enclosure
If you have any questions, please call.
Very truly yours,
Thomas S. Erickson
2
0
q
D
e
0
cc
� 3
Q LA
p �W
3 N�
Q �
0
u
e
h
ltl
X 3 123
--N 82O4z 1121
90. id W,
kdlT10N
3.25±
a
J_
Z
W
4 t�jl Z
NN o
0
Na Q
4
i D
v
• 3
0.30±
$CA L E: 1" = 30'
SURVEY FOR: CITY OF EDINA
DESCRIPTION:
That part of the Northwest Quarter of the Northwest Quarter of Section 32, Township 117, Range 21,
Hennepin County, Minnesota, described as follows:
Beginning at the southeast corner of IDYLWOOD THIRD ADDITION, according to the recorded plat
thereof; thence on an assumed bearing of East, along the north line of IDYLWOOD SECOND ADDITION,
according to the recorded plat thereof, a distance of 187.10 feet to the west line of CARSON'S
HTLL; thence North 0 degrees 21 minutes 55 seconds East, along said west line, a distance of
224.03 feet; t.-hence North 89 dtgrecs 02 minutes 12 seconds West, a distance of 57.66 feet;
thence South 0 degrees 57 minutes 48 seconds West, a distance of 62.00 feet; thence North 89
degrees 02 minutes 12 seconds West, a distance of 26.00 feet; thence North 10 degrees 021 minutes
12 seconds West, a distance of 72.00 feet.; thence North 82 degrees 02 minutes 12 seconds West,
a distance of 90.14 feet to the east line of said IDYLWOOD THIRD ADDITION; thence South 0 degrees
28 minutes 05 seconds West, along said east line, a distance of 246.84 feet to the point: of
beginning.
I hereby certify that this survey was prepared by me or under my direct supervision and that I am a duly
Registered Land Surveyor under the Laws of the State of Minnesota.
Dated this 18th day of September, 1985.
E G A N, F I E 1. D f N 0 W A K, I N C.
�`. Surveyors
Minnesota Registration . 9053
NOTE: Bearinhs shown are assumed.
2323- 62
z
0
cc
2
0
0
Q
0
CC
x 3
o Ln
O O �p
3 N�
Q
4 `y
O
CJ
G
w
"N 8 0 '12„
90,14
I
corner of
1 IDYLWOOD THIRD_
ADDITION
I
IRON _. -- 57.66 - - aci
3
W
t-4
O
��
ZC
-
O
N N
CC = X
p�
x
I
J
6,61
°o
Z
Z
(U
14,10
691
I
obi
IRON
- 26.00
IRON
L -N.89 °02'12 "W.
'
3.25*
i
k
x �
i
I
x
I
I
I
x
I
J
J_
Z
(U
I�
N 1
obi
cc
Ilk
'
Z
'0
x
�
I
1-130±
187,10 --- - - - - -' Z
-EAST I cc
North line a{' IDYLWOOD SECOND ADDITION I
(1*)
SCALE 1" = 30'
SURVEY FOR: CITY OF EDINA
DESCRIPTION:
That part of the Northwest Quarter of the Northwest Quarter of Section 32, Township 117, Range 21,
Hennepin County, Minnesota, described as follows:
Beginning at the southeast corner of IDYLWOOD THIRD ADDITION, according to the recorded plat;
thereof; thence on an assumed'be4ring of East, along the north line of IDYLWOOD SECOND ADDITION,
according to the recorded plat thereof, a distance of 187.1.0 feet to the west lane of CARSON'S
HILL; thence North 0 degrees 21 minutes 55 seconds East, along said west line, a distance of
224.03 feet; thence North 8Y d'egrecs 02 minutes 12 seconds West, a distance of 57.66 feet;
thence South 0 degrees 57 minutes 48 seconds West, a distance of 62.00 feet; thence North 89
degrees 02 minutes 12 seconds West, a distance of 26.00 feet; thence North 10 degrees 02 minutes
12 seconds West, a distance of 72.00 feet; thence North 82 degrees 02 minutes 12 seconds West,
a distance of 90.14 feet-to the east line of said IDYLWOOD THIRD ADDITION; thence South 0 degrees
28 minutes 05 seconds West, along said east line, a distance of 246.84 feet to the point of
beginning.
I hereby certify that this survey was prepared by me or under my direct supervision and that I am a duly
Registered Land Surveyor under the I,,aws of the State of Minnesota.
Dated this 18th day of September, 1985.
E G A N, F I E I, D £ N 0 W A K, I N C.
Surveyors
by
Minnesota` Registration No. 9053
NOTE: Bearings shown are assumed.
2323 -62
3031