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STATE OF M
COUNTY OF
'A DISTRICT COURT
IN FOURTH JUDICIAL DISTRICT
In the Matter of the Application of No. 20731
JSG Company LLP, a �a,'l innesota limited liability partnership
To register the title to the estate in STIPULATION TO
Hennepin County, Minnesota, described WITHDRAW ANSWER
in the report(s) of the Examiner of Titles on AND WITHDRAWAL
file herein. OF ANSWER
This Stipulation to Withdraw Answer and Withdrawal of Answer is made this 0`f—
day of November, 2007, by and between JSG Company LLP, the applicant in the above -
referenced registratio proceeding ( "JSG Company"), the City of Edina "the "City'), and
the Housing and Redevelopment Authority for the City of Edina (the "HRA ").
WHEREAS, SG Company filed an Application to Register property it owns in
Hennepin County (the "Property"); and
WHEREAS, JSG served a Land Title Summons upon all named Defendants
contained in that Sununons, including the City and the HRA, in furtherance of its
registration of the Property; and
WHEREAS, the City and the HRA filed an Answer to the Summons objecting to
a portion of the Property being registered; and
WHEREAS, he parties have agreed to resolve the matters between them.
NOW, THE FORE, for good and valuable consideration, the receipt of which
is hereby acknowle ged, the parties, through their undersigned counsel, agree and
stipulate as follows:
1. JSG I ompany will register the Property as legally described in its
Application and as at ached hereto as Exhibit A.
. I
2. The
filed Answer in the
and the HRA agree and hereby do withdraw their previously
matter on the condition that JSG Company registers
the Property subject to the following items:
a. To he rights of the public for right of way purposes over that portion
of est 50`h Street described above;
b. Together with the right to maintain a building encroachment upon
West 50`" Street as created in C.R. Doc. No. 5412156;
c. To an easement for public walkway purposes in favor of the City of
Ed' a as created in Document No. 4294176;
d. To an easement for public walkway purposes in favor of the City of
a as created in Document No. 4294177;
e. To a parking and variance agreement in favor of the City of Edina as
co tained in Document No. 5412155;
f. To a Special Assessment agreement in favor of the City of Edina as
contained in Document No. 5412157;
g. Together with the right to maintain a building encroachment upon a
public walkway as described in Document No. 5414216; and
h. To a license agreement in favor of the Housing and Redevelopment
Au hority for the City of Edina as contained in Document No.
42 0621.
IN
hereby agree to the
WHEREOF, the parties, through their undersigned counsel,
Stipulation as of the day and year first written above.
[SIGNATURES ON FOLLOWING PAGES]
2
SIEGEL, BRILL, GREUPNER,
DUFFY & FOSTER, P.A.
By: _
Jaifes A. Yarosh (#24](854)
100 Washington Avenue South
Suite 1300
Minneapolis, MN 55401
(612) 337 -6100
Attorneys for JSG Company, LLP
WHITNEY, LLP
Mark E. amel j#0040113)
Suite 15
50 South Sixth Street
Minneapolis, MN 55401
(612) 340 -2600
Attorneys for City of Edina and
Housing and Redevelopment
Authority for the City of Edina
4
That part of Lot 45,
EXHIBIT A
s Subdivision Number 172 described as follows:
Beginning at the northwest corner of Lot 47, said auditor's plat; thence South, along the
west line of said Lot 47, to the southwest corner of said Lot 47; thence West, parallel
with the north line of said Lot 45, a distance of 13.90 feet; thence South, parallel with the
west line of said Lot 47 and its southerly extension, a distance of 1.10 feet; thence West,
parallel with the no line of said Lot 45, a distance of 36.10 feet; thence South, parallel
with the west line o said Lot 47 and its southerly extension, a distance of 2.40 feet;
thence West, parallel with the north line of said Lot 45, a distance of 33.00 feet; thence
North, parallel with the west line of said Lot 47 and its southerly extension, a distance of
134.75 feet; thence West, parallel with the north line of said Lot 45, a distance of 4.00
feet; thence North, p allel with the west line of said Lot 47, to the north line of said Lot
45; thence East, along said north line, a distance of 87.00 feet to the point of beginning.
That part of the So
Subdivision Number
47, said Auditor's pl
on the north line o
northwest comer of s
west line of said Lot
th Half of West 50th Street, as shown on the plat of Auditor's
72, lying westerly of the northerly extension of the west line of Lot
t, and easterly of a line described as follows: beginning at a point
Lot 45, said Auditor's plat, distant 87.00 feet West from the
id Lot 47; thence North, parallel with the northerly extension of the
7, to the center line of said West 50th Street and there terminating.