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HomeMy WebLinkAbout2457350 PARE AVENUE NEW YORE, NEW YORE 10022 (212)415 -9200 1330 CONNECTICUT AVENUE, N. W. WASHINGTON, D. C. 20036 (202)857-0700 3 ORACECHUHCH STREET LONDON EC3V OAT, ENGLAND 44 -71- 929 -3334 36, RUE TRONCHET 75009 PARIS, FRANCE 33- 1- 42- 66 -59 -49 35 SQUARE DE MEEUS B -1040 BRUSSELS, BELGIUM 32- 2- 504 -46 -11 Ms. Candice L. Fiedler City of Edina 4801 West 50th Street Edina, Minnesota 55424 DOBSEY & WHITNEY A PAB'fNH8S -P INCLU 1- PH- SSIONAL CO8PO8ATfODiS 220 SOUTH SIXTH STREET MINNEAPOLIS, MINNESOTA 55402 -1498 (612) 340-2600 TELEX 29-0605 FAX (612) 340-2868 JEROME P. GU IGAN (612) 340 -286 October 12,1992 Re: Parkwood Knolls 23rd Addition Utility Easement Dear Candy: fir} 1 201 FIRST AVENUE, S. W, SUITE 340 ROCHESTER, MINNESOTA 55902 (507)288 -3156 1200 FIRST INTERSTATE CENTER BILLINGS, MONTANA 59103 (406)252 -3800 507 DAVIDSON BUILDING GREAT PALLS, MONTANA 59401 (406)727 -3632 127 EAST FRONT STREET MISSOULA, MONTANA 59802 (406)721-6025 801 ORAND, SUITE 3900 DES MOINES, IOWA 50309 (515) 283-1000 Enclosed is a copy of the recorded Utility Easement relating to the Parkwood Knolls 23rd Addition. The easement you forwarded to me with your letter of August 11th was executed by Parkwood Knolls Construction Company. In attempting to record the easement it was discovered the owner of the property subject to the Easement was Carl Hansen. Consequently, the Easement was revised and re- executed by the Personal Representatives of the Estate of Carl Hansen. JPG:cmn Enclosure If you have any questions, please give me a call. Yours triil— Pero e EASEMENT FOR UTILITIES THIS INSTRUMENT, Made this day ofG ?Ci'ff 1992, by and between Helen M. Hansen, Harvey C. Hansqh and Kenneth M. Anderson, as Personal Representatives of the Estate of Carl M. Hansen, deceased, parties of the first part, and the City of Edina, a municipal corporation organized under the laws of the State of Minnesota, party of the second part; WITNESSETH, That the said Parties of the first part, in consideration of One and No /100 Dollars ($1.00), to it in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, does hereby Grant, Bargain, Sell and convey to said party of the second part an Easement in perpetuity for utility and drainage purposes, including the right to enter for the purpose of constructing, maintaining, altering, repairing and reconstructing utility systems, under and across the following described property situa%e in the County of Hennepin and State of Minnesota, to -wit: The south ten (10.0) feet of Lot 2, Block 1, PARKWOOD KNOLLS COUGAR ADDITION, according to the recorded plat thereof. It is the intention and agreement of the Parties hereto that the party of the second part shall in the construction or maintenance of said utilities replace any shrubs or sod removed by any excavation in connection with such construction or maintenance work, in as nearly as possible the same condition as before such excavation. IN TESTIMONY WHEREOF, the said presents to be executed on the day Helen M. Hansen Personal Representatives of the Estate of Harvey C. Hansen, Deceased STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) first parties have caused these and year first above written. Harvey Hansen Kenneth M. Anderson The foregoing instrument was acknowledged before me this &j day of , 1992 by Helen M. Hansen, Harvey C. Hansen and Kenneth M. A erson, as Personal Representatives of the Estate of ,pd Carl M. Hansen, deceased. ANN B. BURNS NOTARY PUBLIC- MINNESOTA (Notarial Sea il :; HENNEPIN COUNTY Fr!y Commission Expires Sept ?7 ' :r "exempt from This instrument was drafted by: RIDER, BENNETT, EGAN & ARUNDEL 2000 Lincoln Centre 333 So. Seventh St. Minneapolis, MN 55402 22g487l ,itUISILREU VOIc2 PAGECn�►_�S. VIA OFFICE OF THE REGISTRAR OF TITLES HENNEPIN COUNTY, MINNESOTA. CERTIFIED FILED ON SEP 4 to At, REGISTRAR OF TITLES 3Y DEPUTY N MIG�OFIlM T ,I: 1:.} SV . V WILL OF CARL M. HANSEN I, CARL M. HANSEN, declare this my will and revoke all wills and codicils made by me prior to the date of this will. ARTICLE ONE Payment of Taxes I direct the personal representative to pay, without apportionment, all death taxes of any character (including interest and penalties) imposed by reason of my death. Death taxes as used in the preceding sentence shall include any generation- skipping transfer taxes on any transfer occasioned by my death. ARTICLE TWO Specific Gifts 2.1 - Gift to wife: I give all of my wearing apparel, household goods and furnishings, all other tangible personal property and any interest I may have in the real estate constituting my home to my wife, HELEN M. HANSEN, if she survives me. 2.2 - Contingent provision: If my wife does not survive me, I give all property of the kind mentioned in the preceding paragraph 2.1 to my son, HARVEY C. HANSEN; except that any interest in the real estate constituting my home shall be added to my 'f residuary estate to be disposed of in accordance with ARTICLE THREE. 2.3 - Gift to Family Trust: I give the sum of One Million Dollars to the trustee as a separate trust to be designated the Family Trust, the property of which shall be disposed of in accordance with ARTICLE FOUR. The gift provided by this paragraph shall be reduced by an amount equal in value to the difference, if any, between my GST exemption (as provided by Section 2631 of the Internal Revenue Code) and that portion of my GST exemption remaining unused at my death after allocating portions of such GST exemption to all generation- skipping transfers (other than the ones made by this paragraph) made by me at or prior to my death to the extent necessary to exempt all such transfers from the generation - skipping transfer tax otherwise applicable thereto. ARTICLE THREE Disposition of Residuary Estate 3.1 - Definition: By the term "my residuary estate" is meant all property remaining in my estate after payment of all items required by law to be paid therefrom and after satisfaction of the preceding provisions of this will. 3.2 - Gift to wife: I give my residuary estate to my wife if she survives me. 2 r 3.3 - Provision if wife doesn't survive: If my wife does not survive me I give my residuary estate to the trustee as a separate trust to be disposed of in accordance with ARTICLE SIX. ARTICLE FOUR Family Trust 4.1 Distribution of income: The net income of the assets of this trust from the date of my death shall be distributed to my wife during her lifetime in convenient installments and at least quarterly. After the death of my wife, the net income of this trust shall be distributed in convenient installments and at least quarterly to my son or to any one or more of his issue, all as the trustee may determine to be suitable and prudent to provide for the care, support and maintenance of such persons. 4.2 - Uses of principal: The trustee may also from time to time distribute to my wife such portions of the principal of this trust as the trustee may determine to be suitable and prudent. After the death of my wife, the trustee may also distribute to my son or to any one or more of his issue from time to time such portions of the principal of this trust as the trustee may determine to be suitable and prudent to provide for the proper care, support and maintenance of such persons. 4.3 - Termination of trust: On the death of the survivor of my wife and my son, the trustee shall distribute One Hundred 3 r VX- 9/ - l S/ Thousand Dollars ($100,000.00) to my son's wife, KAY HANSEN, if she is then living, and all remaining property of this trust shall be distributed to the then living issue of my son by right of representation; except that the share so provided for any grandchild of mine who has not then attained the age of forty years shall be held by the trustee as a trust named for such grandchild, the property of which shall be disposed of in accordance with ARTICLE FIVE. ARTICLE FIVE Separate Trusts for Grandchildren 5.1 - Distribution of income: The net income of a trust named for a grandchild of mine shall be distributed to such grandchild in convenient installments and at least quarterly. 5.2 - Uses of principal: The trustee may also from time to time distribute to the grandchild of mine for whom a trust is named, such portions of the principal of such trust as the trustee may determine to be suitable and prudent. 5.3 - Right of withdrawal: A grandchild of mine may with- draw one -third of the then remaining property of the trust named for such grandchild at any time after attaining the age of thirty years; may withdraw one -half of the then remaining property thereof at any time after attaining the age of thirty -five years; and may 4 withdraw all remaining property thereof at any time after attaining the age of forty years. 5.4 - Distribution on death of grandchild: On the death of a grandchild of mine, all remaining property of a trust named for such grandchild shall be distributed as follows: (A) Such grandchild shall have the power to appoint such property in any manner except that (a) no appointment may be made to benefit directly or indirectly the estate of the holder or creditors of the holder or of the holder's estate, and (b) any interest so appointed must vest within twenty -one years after the death of the survivor of myself, my wife and all issue of mine living on the date of my death. Such power shall be exercised by such grandchild alone and in all events by his or her last will executed after my death and expressly referring to such power. (B) Any property not so appointed shall be distributed to the then living issue of such grandchild, by right of representation. ARTICLE SIX Trust for Son 6.1 - Distribution of income: The net income of this trust shall be distributed to my son or to any one or more of his issue, all as the trustee determines to be suitable and prudent to provide for the care, support and maintenance of such persons. 6.2 - Uses of principal: The trustee may also distribute to my son or to any one or more of his issue such portions of the trust principal as the trustee may determine to be suitable and 5 P/r- -./ t / prudent to provide for the proper care, support and maintenance of such persons. 6.3 - Distribution on death of son: On the death of my son, all remaining property of this trust shall be distributed as follows: (A) My son shall have the power to appoint all or part of such property to or for the benefit of any one or more of my son's issue in such amounts and proportions as my son shall determine. Such power shall be exercised by my son by his last will executed after my death and expressly referring to this power. (B) Any property not so appointed by my son shall be distributed to the then living issue of my son by right'of representation; except that the share so provided for any grandchild of mine who has not attained the age of forty years shall be held by the trustee as a trust named for such grandchild, the property of which shall be disposed of in accordance with ARTICLE FIVE. ARTICLE SEVEN General Provisions 7.1 - Regarding survivorship of wife: If there is no sufficient evidence that my wife and I died otherwise than simultaneously, my wife shall be conclusively presumed to have survived me for all purposes in the interpretation of this will. 7.2 - Appointment of trustee: I appoint my wife, HELEN M. HANSEN, my son, HARVEY C. HANSEN, and KENNETH M. ANDERSON (herein collectively referred to as "the trustee "), as the trustee of all trusts created by this will. If my wife fails or ceases to act in such capacity, no successor need be appointed to replace her. Each of the other trustees shall have the power to appoint a successor trustee to himself- -any such appointment to be evidenced by means of a writing filed with each then acting trustee and to be subject to change in similar fashion at any time prior to its becoming effective.. No bond shall be required of any trustee. 7.3 - Trustee powers generally: The trustee shall have all of the powers enumerated in Minnesota Statutes, Section 501B.81 (which constitutes a part of the Minnesota Trustees' Powers Act) as such powers exist on the date of the execution of this will. The trustee also shall have the power to determine the composition of any distributive share (even though shares of dissimilar composition may be allocated to similarly situated distributees) except that in making any such determinations, all assets on hand for distribution shall be valued as of the date of their distribution, or as near thereto as may be reasonably feasible. My son, while acting as a trustee, shall not exercise or participate in the exercise of any power granted to the trustee by this will to distribute any property to my son. 7.4 - Limitation on duration of trusts: Notwithstanding any provision to the contrary herein, no trust under this will shall continue beyond expiration of the period of twenty -one years after the death of the survivor of myself, my wife and all issue of mine 7 living on the.date of my death. On the expiration of such period, each trust theretofore in existence under this will shall terminate and all remaining property thereof shall then be distributed to the person for whom such trust is named. 7.5 - Gift in trust under certain circumstances: Whenever a provision.of this will (other than the foregoing paragraph 7.4) requires outright distribution of property to a person who is then under age twenty -one years, such property shall instead be held by the trustee as a trust named for such person. Portions of the net income and principal of each such trust may be distributed to the person for whom it is named as the trustee determines to be suitable and prudent. When the person for whom any such trust is named attains the age of twenty -one years, or upon the prior death of such person, all property of such trust shall be distributed to such person or to such person's estate. 7.6 - Definition of issue: Any reference herein to "grandchildren" or "issue" shall include only my grandchildren KELSEY HANSEN and CARL C. HANSEN and their lawful descendants. 7.7 - Miscellaneous: No distribution shall be made to a trust beneficiary pursuant to the authority contained in other portions of this will which would have the effect of discharging any person's legal obligation to support such beneficiary. 8 i ARTICLE EIGHT Appointment and Powers of Personal Representative 8.1 - Appointment of personal representative: I appoint my wife, HELEN M. HANSEN, my son, HARVEY C. HANSEN, and KENNETH M. ANDERSON (herein collectively referred to as "the personal representative ") as the personal representative of my estate. In the event any personal representative fails or ceases to act, the remaining personal representative or personal representatives may continue to act without appointment of an additional personal representative. I request that no bond shall be required of any personal representative. 8.2 - Powers of personal representative: I grant to the personal representative with reference to all property of my estate powers in all respects corresponding to those granted to the trustee under this will. IN TESTIMONY WHEREOF, I have hereunto set my hand this �7 day of f�ra CtiK� R; 1990. The foregoing instrument was on this day of 1990, signed signed at the end thereof and on the margin of pages one (1) through eight (8), inclusive, by the above -named CARL M. HANSEN in the presence of us and each of us, and the same was by him declared and published as his will in the presence of us and each of us, and at his request and in his presence and in the presence of each 9 k4 other we have this day hereunto subscribed our names as attesting witnesses thereto. G residing at g�v `f D ', \-� residin at residing at 10 STATE OF MINNESOTA FOURTH JUDICIAL DISTRICT DISTRICT COURT COUNTY OF HENNEPIN PROBATE COURT DIVISION File No. PX -91 -1515 In Re: Estate of Carl M. Hansen, ORDER OF FORMAL PROBATE OF WILL AND FORMAL APPOINTMENT OF EXECUTORS Deceased. The petition dated August 2, 1991, of Harvey C. Hansen, for the formal probate of the last will and for formal appointment of executors of the above named decedent having duly come on for hearing before the above named Court on September 3, 1991, the undersigned Judge having considered such petition, being fully advised in the premises, makes the following findings and determinations, after having referred said matter to Referee in Probate, Richard Wolfson, and said Referee having duly reported to the Court his findings: 1. That the petition for formal probate of will and for formal appointment of a personal representatives is complete. 2. That the time for any notice has expired and any notice as required by the laws of this state has been given and proved. 3. That the petitioner has declared and affirmed that the representations contained in the petition are true, correct, and complete to the best of his knowledge or information. 4. That the petitioner appears from the petition to be an interested person as defined by the laws of this State. 5. That the above named decedent testator herein is dead, having died on July 12, 1991, at Gaular, Norway. 6. That, on the basis of the statements in the petition, this Court has jurisdiction of this estate, proceeding, and subject matter. 7. That venue for this proceeding is in the above named County of the State of Minnesota, because the decedent was domiciled in such County at the time of his death, and was the owner of property located in the State of Minnesota. Court File No. PX -91 -1515 8. That decedent's heirs are as identified in the petition commencing this proceeding. 9. That decedent died testate. 10. That the original, duly executed, and apparently unrevoked last will of the decedent is in the court's possession, and that the will to which the requested appointment relates will be formally probated upon entry of this order. 11. That the petition does not indicate the existence of a possible unrevoked testamentary instrument which may relate to property subject to the laws of this state, and which is not filed for probate in this Court. 12. That it appears from the petition that the time limit for original probate and appointment proceedings has not expired. 13. That from the statements in the petition, Helen M. Hansen, Harvey C. Hansen, and Kenneth M. Anderson have. priority entitling appointment as co- personal representative because they are nominated in the last will of decedent as co- personal representative, with no bond, in an undesignated administration, and are not disqualified to serve as co- personal representatives of the decedent. 14. That the petition does not indicate that a personal representative has been appointed in this or another county of this state whose appointment has not been terminated. 15. That this proceeding in uncontested, the petition being unopposed, no objections having been filed. 16. That all heirs of the decedent survived the decedent by at least 120 hours. Now, therefore, it is ORDERED, ADJUDGED, and DECREED by the Court as follows: 1. That the petition is hereby granted. 2. That the decedent's last will duly executed on December 14, 1990, is hereby formally probated. 3. That Helen M. Hansen, Harvey C. Hansen and Kenneth M. Anderson are hereby formally appointed co- personal representatives of the estate of Carl M. Hansen, deceased, with no bond, in supervised administration. Page - 2 a Court File No. PX -91 -1515 4. That upon qualification and acceptance, letters testamentary issue accordingly. Dated: September (� 1991 (COURT SEAL) :Findings Submitted By: Richard Wolfs §n Referee in Probate Court BY THE COURT: Patricia L. Belois Judge of District Court Probate Court Division F' led: September 1991 4 60(1 0 Probate Court Administrator Page - 3 M.S. 524.3 -601 SUPERVISED STATE OF MINNESOTA FOURTH JUDICIAL DISTRICT DISTRICT COURT COUNTY OF HENNEPIN PROBATE COURT DIVISION File No. PX -91 -1515 In Re: Estate of LETTERS TESTAMENTARY Carl M. Hansen, Deceased The above named decedent having died on July 12, 1991, and Helen M. Hansen, Harvey C. Hansen and Kenneth M. Anderson, all of Hennepin County, Minnesota, having been appointed and qualified are hereby authorized to act as personal representatives according to law. 4 !L� / 9/A X1991 Judge of District C urt Probate Court Division Patricia L. Belois ( COURT SEAL ) STATE OFMIMESOTA, COUNTY OF }IENNEPIN STATE OF MINNESOTA, COUNTY OF HENNEPIN Certified to be a true and cormetto Copy of fre oriy;ral Carolled to be a true and ea ci Ii.J I file and Of retadIn my ofnCe I further earthy saw detNrnent !s) Consisting Of cres i l atteapre; in full fora and effect, on file and of record in My vmw A4J&`311992 AUG 3 11992 Jack . P vo Dist. Ct. Administrator Jack � ' "'his ;• "'. Admn;i:.;g;;,r By Deputyr E -� pU ±y ,9,1157 Y ' 1# 2294870 � REGrsTEREI -5, GriQi OFFICE OF THE REGISTRAR OF TITLES HENNErIN COUNTY, MINNESOTA, CERTIFIED FILED ON REGISTRAR OF TITLES BY -- DEPUTY i