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02.23000S •Bertelson• 6'2546 -4371
612 546 -5633 FAX
/ oANG PR ^R 'AxFF PAT
DEN, Of R9WfRTI, TSC S Wait Wd1RcS
'R�,tv6Ff R F NIT ERED
FEB 20 1991 DECLARATION
p,.h ao OF
RESTRICTIONS
THIS DECLARATION, made as of the JJ& day of em 6*- 1990, by
the CITY OF EDINA, a Minnesota municipal corporation ( "Declarant ");
WITNESSETH;
WHEREAS, Declarant is the owner of certain property (the "Subject
Property ") located in the City of Edina, Minnesota, described as follows:
Lot 9, White Oaks 2nd Addition, according to the plat thereof on file
Nand of record in the office of the Registrar of Titles in and for Hennepin
County, Minnesota; and
Lot 1, White Oaks 3rd Addition, according to the plat thereof on file
and of record in the office of the Registrar of Titles in and for Hennepin
County, Minnesota; and
WHEREAS, the Subject Property is a wooded, undeveloped area and
presently serves, and historically has served, as a ponding area for collection of
surface waters; and
WHEREAS, the Subject Property is in an area of the City of Edina
known as White Oaks, and the residents of that area contributed funds to Declarant
to promote and assist the purchase of the Subject Property by Declarant; and
WHEREAS, it is desirable, in the public interest, and in the best
interests of the City, that the Subject Property should remain in its present natural
condition and as a ponding area for collection of surface waters.
NOW, THEREFORE, for good and valuable consideration to Declarant
paid, the receipt of which is hereby acknowledged by Declarant, the Declarant does
hereby impose on the Subject Property the following covenants and conditions:
1. The Subject Property shall be and remain in its present, natural
condition, and shall be used only as and for a ponding area for collection of surface
waters; provided, however, that this use restriction shall not prevent Declarant
from (i) constructing or installing on the Subject Property pipes, catch basins, swales,
ditches, lift stations, or other improvements deemed desirable by Declarant for
control or management of surface waters, or (ii) removing dead or dying trees,
shrubs or other vegetation as deemed desirable by Declarant for proper control or
management of surface waters or as deemed by Declarant to be consistent with good
urban forest management practices, or (iii) planting, replacing or repairing trees,
shrubs or other vegetation, on all or any part of the Subject Property, or allowing
others to do so.
2. The foregoing covenant shall be for the benefit of the record fee
owners from time to time of the lots described in Exhibit A attached hereto and
hereby made a part hereof (the " Benefitted Lots "), and may be enforced by any one or
more of the then record fee owners of the Benefitted Lots. Declarant agrees that
enforcement may be by specific performance or mandatory injunction, damages not
being adequate relief. If any action is brought to enforce the foregoing covenant, the
non - prevailing party shall pay all court costs and reasonable attorneys' fees paid or
incurred by the prevailing party, and all costs of collection of such costs and fees,
again including reasonable attorneys' fees.
I The covenant at paragraph 1 hereof and any other provisions
hereof, may be amended, modified or terminated at any time and from time to time
by an agreement, in writing, signed by Declarant and the then record fee owners of a
majority of the Benefitted Lots and recorded or filed in the same office in which this
document is recorded or filed.
4. The terms, covenants and conditions hereof shall run with the land
and shall be binding on all present and future owners of the Subject Property, and
shall inure to the benefit of Declarant, its successors and assigns, and the record fee
owners from time to time, of the Benefitted Lots.
IN TESTIMONY WHEREOF, Declarant has caused this document to be
duly executed as of the day and year first above written.
State deed tax due hereon is
$1.65. Total consideration
for this transaction is $500.00
or less.
-2-
CITY OF EDINA
THIS DOCUMENT WAS PREPARED BY:
DORSEY & WHITNEY (TSE )
2200 First Bank Place East
Minneapolis, MN 55402
STATE OF MINNESOTA)
) SS
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this day of
_ •-- , 1990, by Frederick S. Richards, the Mayor, and Kenneth E.
Rosland, the Manager of the CITY OF EDINA, a Minnesota municipal corporation,
on behalf of the corporation.
;;. THOMAS S. ERICKSON
NOTARY PUBLIC — MINNESOTA
HENNEPIN COUNTY
..•' My C ,3mmission Expires July 14, 1993
-3-
Lots 8, 9, 12, 13, 14, 15, 17, 18, 19 and 20, Auditor's Subdivision Number 319,
Hennepin County, Minnesota;
Lots 2, 7 and 8, White Oaks 3rd Addition;
Lots 12, 13, 14 and 15, White Oaks 4th Addition;
Lots 1, 2, 3 and 4, White Oaks 5th Addition;
All according to the recorded and filed plat and auditor's subdivision thereof,
Hennepin County, Minnesota.
350 PARK AVENUE
NEW YORK, NEW YORK 10022
(212) 415 -9200
1330 CONNECTICUT AVENUE, N. W.
WASHINOTON, D. C. 20036
(202) 857 -0700
3 ORACECHURCH STREET
LONDON EC3V OAT, ENGLAND
44 -71 -929 -3334
36, RUE TRONCRET
75009 PARIS, FRANCE
33-1- 42- 66 -59 -49
45, RUE DE TREVES
B -1040 BRUSSELS, BELGIUM
32- 2-238-78 -11
Mr. Gordon Hughes
City of Edina
4801 West 50th Street
Edina, Minnesota 55424
DoiRsEY & WHITNEY
A PARTNERSHIP INCLUDINO PROFESSIONAL CORPORATIONS
2200 FIRST BANK PLACE EAST
MINNEAPOLIS, MINNESOTA 55402 -1498
(612) 340 -2600
TELEX 29 -0605
FAX (612) 340 -2868
THOM�A MS S. MUCSSON
(614 340-2M
February 22, 1991
Re: Lot 9, White Oaks 2nd Addition
Lot 1, White Oaks 3rd Addition
Dear Gordon:
201 FIRST AVENUE, S. W, SUITE 340
ROCHESTER, MINNESOTA 55902
(507) 288 -3156
1200 FIRST INTERSTATE CENTER
BILLINGS, MONTANA 59103
(406)252-380o
201 DAVIDSON BUILDING
GREAT FALLS, MONTANA 59401
(406) 727 -3632
127 EAST FRONT STREET
MISSOULA, MONTANA 59802
(406) 721 -6025
CERTIFIED MAIL- RETURN
RECEIPT REQUESTED
I enclose herewith for your file a copy of the Declaration of Restrictions
on Lot 9, White Oaks 2nd Addition, and Lot 1, White Oaks 3rd Addition. This has
now been recorded in the office of the Registrar of Titles as Document No. 2148224.
I also enclose herewith the Owner's Duplicate Certificate of Title
No. 738317, evidencing ownership by the City of Edina of said Lot 9 and Lot 1. You
will note the Declaration is noted on the Certificate as a memorial.
I send these documents to you to be kept in your records.
If you have any questions, please call.
Very truly yours,
T/W'11�
Thomas S. Erickson
TSE:kks
Enclosures
DECLARATION
OF
RESTRICTIONS
THIS DECLARATION, made as of the Z9 day of 1990, by
the CITY OF EDINA, a Minnesota municipal corporation ( "Declarant ");
WITNESSETH;
WHEREAS, Declarant is the owner of certain property (the "Subject
Property ") located in the City of Edina, Minnesota, described as follows:
Lot 9, White Oaks 2nd Addition, according to the plat thereof on file
and of record in the office of the Registrar of Titles in and for Hennepin
County, Minnesota; and
Lot 1, White Oaks 3rd Addition, according to the plat thereof on file
and of record in the office of the Registrar of Titles in and for Hennepin
County, Minnesota; and
WHEREAS, the Subject Property is a wooded, undeveloped area and
presently serves, and historically has served, as a ponding area for collection of
surface waters; and
WHEREAS, the Subject Property is in an area of the City of Edina
known as White Oaks, and the residents of that area contributed funds to Declarant
to promote and assist the purchase of the Subject Property by Declarant; and
WHEREAS, it is desirable, in the public interest, and in the best
interests of the City, that the Subject Property should remain in its present natural
condition and as a ponding area for collection of surface waters.
NOW, THEREFORE, for good and valuable consideration to Declarant
paid, the receipt of which is hereby acknowledged by Declarant, the Declarant does
hereby impose on the Subject Property the following covenants and conditions:
1. The Subject Property shall be and remain in its present, natural
condition, and shall be used only as and for a ponding area for collection of surface
waters; provided, however, that this use restriction shall not prevent Declarant
from G) constructing or installing on the Subject Property pipes, catch basins, swales,
ditches, lift stations, or other improvements deemed desirable by Declarant for
control or management of surface waters, or (ii) removing dead or dying trees,
shrubs or other vegetation as deemed desirable by Declarant for proper control or
management of surface waters or as deemed by Declarant to be consistent with good
shrubs or other vegetation, on all or any part of the Subject Property, or allowing
others to do so.
2. The foregoing covenant shall be for the benefit of the record fee
owners from time to time of the lots described in Exhibit A attached hereto and
hereby made a part hereof (the " Benefitted Lots "), and may be enforced by any one or
more of the then record fee owners of the Benefitted Lots. Declarant agrees that
enforcement may be by specific performance or mandatory injunction, damages not
being adequate relief. If any action is brought to enforce the foregoing covenant, the
non - prevailing party shall pay all court costs and reasonable attorneys' fees paid or
incurred by the prevailing party, and all costs of collection of such costs and fees,
again including reasonable attorneys' fees.
3. The covenant at paragraph 1 hereof and any other provisions
hereof, may be amended, modified or terminated at any time and from time to time
by an agreement, in writing, signed by Declarant and the then record fee owners of a
majority of the Benefitted Lots and recorded or filed in the same office in which this
document is recorded or filed.
4. The terms, covenants and conditions hereof shall run with the land
and shall be binding on all present and future owners of the Subject Property, and
shall inure to the benefit of Declarant, its successors and assigns, and the record fee
owners from time to time, of the Benefitted Lots.
IN TESTIMONY WHEREOF, Declarant has caused this document to be
duly executed as of the day and year first above written.
State deed tax due hereon is
$1.65. Total consideration
for this transaction is $500.00
or less.
-2-
CITY OF EDINA
By Its Mayor
And
Its Manager
THIS DOCUMENT WAS PREPARED BY:
DORSEY & WHITNEY (TSE )
2200 First Bank Place East
Minneapolis, MN 55402
STATE OF MINNESOTA )
) SS
COUNTY OF HENNEPIN)
n - The foregoing instrument was acknowledged before me this day of
t~- .1930, by Frederick S. Richards, the Mayor, and Kenneth E.
Rosland, the Manager of the CITY OF EDINA, a Minnesota municipal corporation,
on behalf of the corporation.
THOMAS S. ERICKSON
r NOTARY PUBLIC — MINNESOTA
HENNEPIN COUNTY
rot My Commission Expires July 14, 1983
-3-
Lots 8, 9, 12, 13, 14, 15, 17, 18, 19 and 20, Auditor's Subdivision Number 319,
Hennepin County, Minnesota;
Lots 2, 7 and 8, White Oaks 3rd Addition;
Lots 12, 13, 14 and 15, White Oaks 4th Addition;
Lots 1, 2, 3 and 4, White Oaks 5th Addition;
All acco, °ding to the recorded and filed plat and auditor's subdivision thereof,
Hennepin County, Minnesota.
3s0 2148224
REGISTERED VOL 24 1 b PAGE 7 3$ J
OF IH-f REGISTRAR
HE OF TITLES
Nf; _pIN,,'OUNTY, IViiNNESOTA
GLRT; FI-D FILED ON
JAN 10 1991
REGISTRAR
`3Y OF TITLES
DEPury
&Vl k Cli�i� j ell YS ,jcE -zz
SATISFACTION OF MORTGAGE
By Individual
Satisfaction Of Mortgage
e I • ••-
Form No. 50 - M
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O
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r�
�7
C-0
r10
Miller -Davie Co., Minneapolis 110.3 -86)
Minnesota Uniform Conveyancing Blanks (19861
(reserved for recording data)
THAT CERTAIN MORTGAGE owned by the undersigned, dated September 13 ,19 8 —9,
executed by o Richard J. Andron and Georgia C. Andron, husband and wife,
anti Andrn, Inc., a Minnesota corporation , as Mortgagor, to
Charles N. Lucas and Jane N. Lucas, husband and wife
, as Mortgagee,
and filed for record September 14 , 1989 , as Document Number 2039317
(or in Book of Page ), in the Office of the ($9Mj'MA M)
(Registrar of Titles) of Hennepin County, Minnesota, istkAdAix
maarx&&,2LzjtpcjLxdxaxW satisfied.
Certificate of Title No. 736182
STATE OF MINNESOTA
SS.
COUNTY OF HENNEPIN I
The foregoing instrument was acknowledged before me this � day of
by Charles N. Lucas and Jane N. Lucas, husband and wife
O'Connor & Hannan (PLC)
3800 IDS Center
80 South Eighth Street
Minneapolis, MN 55402
SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT
VAN
K. KEE
My Ox=*.," ExWez Mar 17,19P2 a
:.a,a..rs.aY• s
3-1'1- 91
'W
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m
'
C) A
�3 17
z1t�00
m
Y "cMi
0; N
�C)
V
(reserved for recording data)
THAT CERTAIN MORTGAGE owned by the undersigned, dated September 13 ,19 8 —9,
executed by o Richard J. Andron and Georgia C. Andron, husband and wife,
anti Andrn, Inc., a Minnesota corporation , as Mortgagor, to
Charles N. Lucas and Jane N. Lucas, husband and wife
, as Mortgagee,
and filed for record September 14 , 1989 , as Document Number 2039317
(or in Book of Page ), in the Office of the ($9Mj'MA M)
(Registrar of Titles) of Hennepin County, Minnesota, istkAdAix
maarx&&,2LzjtpcjLxdxaxW satisfied.
Certificate of Title No. 736182
STATE OF MINNESOTA
SS.
COUNTY OF HENNEPIN I
The foregoing instrument was acknowledged before me this � day of
by Charles N. Lucas and Jane N. Lucas, husband and wife
O'Connor & Hannan (PLC)
3800 IDS Center
80 South Eighth Street
Minneapolis, MN 55402
SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT
VAN
K. KEE
My Ox=*.," ExWez Mar 17,19P2 a
:.a,a..rs.aY• s
3-1'1- 91
'W
L
CN'
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1�
;7
Form No. 9 -M— WARRANTY DEED Minnesota Uniform
Corporation or Partnership to
Corporation or Partnership
No delinquent taxes and transfer entered; Certificate
of Real Estate Value ( l) filed ( ) not tequiFed
Certificate of Real Estate Value No.
19 i—
cm 01%
D011(mm COINTly, MWIffs"I
/' 00T 101989 County Auditor
y�,�
De
STATE DEED TAX DUE HEREON: $ 132.00
Date: October f0
, 1989
FOR VALUABLE CONSIDERATION, ANDRON, INC.
Blanks (1978)
Miller -Davis Co., Minneapolis
W
C
=
under the laws of
Minnesota
, Grantor, hereby conveys and
warrants to
CITY OF ED
I NA
, Grantee, a
municipal corporation under the laws of
C-)
I _ .n
Hennepin
County, Minnesota, described as follows:
–�
-n
Lot 9, White Oaks 2nd
Addition, according to
the plat
thereof on
file and of record in
the office of the Registrar of
Titles in
M
TI
Minnesota;
Parcel 2:
�:J
Addition, according to
the plat
c
rrn ' 2
the office of the Registrar of
A
o
rri a o
and for Hennepin County,
�
Z D
.o
S N D.-
D A
f)
7.
a
N
�W
O v/
N
(if more space is needed, continue on back)
together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions:
Affix Deed Tax Stamp Here
STATE OF MINNESOTA
COUNTY OF
HENNEPIN
lip
–.7
Its
The foregoing was acknowledged before me this 10�J day of October '198)
,
by Richard J. Andron
the President
of ANDRON , INC. , a r-n pat. =nn aXi,Q+- inc
—
under the laws of Minnesota , on alf of the
r
MARIE E. JENSEN
NOTARY PUBUC - MINNESOTA
DAKOTA COUNTY
My *W d$" enpUeo SM-94
INSTRUMENT WAS DRAFTED BY (NAME AND ADDRESS)'.!
DORSEY & WHITNEY (JRB)
2200 First Bank Place East
Minneapolis, MN 55402
SIGNATURE OF PERSON T G ACKNOWLEDGMENT
Tax sent to (Include mine and add %w of Grantee, in this instrument should
City of Edina
4801 West 50th Street
Edina, MN 55424
C
, a corporation existing
under the laws of
Minnesota
, Grantor, hereby conveys and
warrants to
CITY OF ED
I NA
, Grantee, a
municipal corporation under the laws of
Minnesota
(reserved for recording data)
Hennepin
(if more space is needed, continue on back)
together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions:
Affix Deed Tax Stamp Here
STATE OF MINNESOTA
COUNTY OF
HENNEPIN
lip
–.7
Its
The foregoing was acknowledged before me this 10�J day of October '198)
,
by Richard J. Andron
the President
of ANDRON , INC. , a r-n pat. =nn aXi,Q+- inc
—
under the laws of Minnesota , on alf of the
r
MARIE E. JENSEN
NOTARY PUBUC - MINNESOTA
DAKOTA COUNTY
My *W d$" enpUeo SM-94
INSTRUMENT WAS DRAFTED BY (NAME AND ADDRESS)'.!
DORSEY & WHITNEY (JRB)
2200 First Bank Place East
Minneapolis, MN 55402
SIGNATURE OF PERSON T G ACKNOWLEDGMENT
Tax sent to (Include mine and add %w of Grantee, in this instrument should
City of Edina
4801 West 50th Street
Edina, MN 55424
, a corporation existing
under the laws of
Minnesota
, Grantor, hereby conveys and
warrants to
CITY OF ED
I NA
, Grantee, a
municipal corporation under the laws of
Minnesota
, real property in
Hennepin
County, Minnesota, described as follows:
Parcel 1:
Lot 9, White Oaks 2nd
Addition, according to
the plat
thereof on
file and of record in
the office of the Registrar of
Titles in
and for Hennepin County,
Minnesota;
Parcel 2:
Lot 1, White Oaks 3rd
Addition, according to
the plat
thereof on
file and of record in
the office of the Registrar of
Titles in
and for Hennepin County,
Minnesota;
(if more space is needed, continue on back)
together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions:
Affix Deed Tax Stamp Here
STATE OF MINNESOTA
COUNTY OF
HENNEPIN
lip
–.7
Its
The foregoing was acknowledged before me this 10�J day of October '198)
,
by Richard J. Andron
the President
of ANDRON , INC. , a r-n pat. =nn aXi,Q+- inc
—
under the laws of Minnesota , on alf of the
r
MARIE E. JENSEN
NOTARY PUBUC - MINNESOTA
DAKOTA COUNTY
My *W d$" enpUeo SM-94
INSTRUMENT WAS DRAFTED BY (NAME AND ADDRESS)'.!
DORSEY & WHITNEY (JRB)
2200 First Bank Place East
Minneapolis, MN 55402
SIGNATURE OF PERSON T G ACKNOWLEDGMENT
Tax sent to (Include mine and add %w of Grantee, in this instrument should
City of Edina
4801 West 50th Street
Edina, MN 55424
DIVISION OF PUBLIC RECORDS
Hfl Registrar of Titles
8th Floor Government Center,
IHEWNEPINI Minneapolis, MN 55487 -0083
HC 1096
IMPORTANT
In dealing with the land described in this
certificate, the names of the parties and
description of the property should be
exactly the same as written on the
certificate, unless documents are to be
filed changing the names or description.
Delay and expense will be caused by the
loss of this certificate.
"KEEP IN A SAFE PLACE"
THIS ENVELOPE CONTAINS YOUR
"OWNER'S DUPLICATE CERTIFICATE OF TITLE"
5
11 3 �73u17 11
!' UMM 2476
OWNER'S
DUPLICATE
Tprttfiratr
of Cl ifjp
City of Edina
Owner.(s.)
STATE of MINNESOTA,
COUNTY of HENNEPIN.
2367 & 2368
MEMORIAL
N�73S217 (Continued)
DOCUME ' I
NUMBER
J
KIND OF
INSTRUMENT
DATE OF
INSTRUMENT
Month Day Year
DATE OF REGISTRATION
Month Day Year Hour
AMOUNT
RUNNING IN FAVOR OF
SIGNATURE OF
DEPUTY REGISTRAR
,
HC 1030
HC 1031 CERTIFICATE OF
No- 738217
DISTRICT COURT No.($) 9283
TITLE
Transfer from No. 736182 Originally registered the 6th day of October
A. D. 1949 Volume 478 Page 146494
N2 738217
STATE of MINNESOTA, REGISTRA'riON
Cow of HNIPIN.
This is to certify that City of Edina, a Minnesota municipal corporation, 4801 West 50th Street, City of Edina, County of Hennepin,
State `o oz' Minnesota
is now the owner(s) of an estate in fee simple of and in the following described land situated in the County of Hennepin and
State of Minnesota, to wit:
Par 1: Lot 9, White Oaks 21d Addition, according to the recorded plat thereof.
Subject to the encumbrances, liens and interest noted by the memorW underwritten or endorsed hereon; and subject to the
1. Liens, claims or rights arising under the laws or the constitution of the viinnesota for the ye the statutes of
.ear 1905, and the amendments thereof, namely:
2. The lien of any real property tal or special assessment for which the land has not been sold at the d
3. Any lease for a period not exceeding three years, when there is actual occupation of this state cannot require to appear of record.
4. All rights in public highways uEion the land, ate of the certificate of title,
the premises under the lease.
S. Such right of appeal or right Yo appear and contest the application as is allowed by law.
6. The rights of any person in possession under deed or contract for deed from the owner l the certificate 7. Any outstanding mechanics lien rights which may exist under sections 514.01 to 514.17.
cafe of title.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed th
this E seal of my office
Tenth day of
October 1989
R. Dan Carlson
Registrar of Titles;
ham,, In and for the County of Hennepin and State of Minnesota.
OF ESTATES, EASEMENTS OR CHARGES ON THE LAND DESCRIBED IN THE
DOCUMENT KIND OF DATE OF
DEPUTY
CERTIFICATE OF TITLE HERETO ATTACHED_
NUMBER INSTRUMENT M�fVSTR!JMENT DATE OF REGISTRATION
mth Day Year Hour AMOUNT i?
�I RUNNING IN FAVOR OF
L
Jan IO 1991 4 jCreating restrictions, covenants &
V�
bjo
SIGNATURE OF
DEPUTY REGISTRAR
r
SEE OVER