Loading...
HomeMy WebLinkAboutGeneral Administration_City Clerk_EASEMENTS_STIPULATIONS_RELEASESThis Instrument is Considered Exempt for Tax Purposes EASEMENT FOR PUBLIC ROAD PURPOSES THIS EASEMENT, made thie tia7N- day of March, 1980, by and between Roger C. Evanson and Marilyn Evanson, husband i:nd wife, 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; !9ITNESSETH: That the said parties of- the- first -hart, in consideration of One and no/100 Dollar ($1.00) to them in hand paid by the party of the second part, the receipt whereof is hereby acknowledged, do Grant, Bargain, Sell, Convey, and Warrant to said party of the second part an Easement in perpetuity for public road purposes in, under, and over the following described property situated in the County of. Hennepin, State of Minnesota, to -wit: The East 33 feet of the West 38 feet of the South 1'8.6 feet of the North 981.6 feet of the West 224 feet of the Southeast Quarter of the Southwest Quarter, Section 8, Township 116 North, Range 21 West. IH WITNESS WHEREOF, the said parties of the first part have hereunto set their hands and seals the day and year first above written. In Presence of: RRg C. Evanson Marilyn son STATE OF. MINNESOTA) ss. COUNTY OF HENNEPIN) On this day of March, 1980, before me, a Notary Public within and or County, personally appeared Roger C. Evanson and Marilyn Evanson, husband and wife, to me known to be the persons described in and who executed the foregoing instrument and acknowledged that they executed the same as their free act and deed. THIS INSTRUMENT WAS DRAFTED BY: DJ^ Curtis E. Austin, Attorney Notary Public Suite 730, 7900 Xerxes Ave. S. _ Bloomington, FN 55431 ut'c,-1 C. iC,L-i MettN Pc�! c, 'l •-r,L; � Q cn ry, Minn. 17y Comm ss.c•i Dcc. 1,% 1982 TRANSPM VENTEPEID APR 22 1980 FWANCE Dll ri,_ 0,; 41H1k;tqNEP1N Cu , Poor Quality Document Disclaimer The original or copy of a document or page of a document presented at the time of digital scanning contained within this digital file may be of substandard quality for viewing, printing or faxing needs. This Instrument is Considered ExeMut for Tax Purposes ecunA eecorder �- 0,0j, l4�0 bcc ho , 1-15y?Rs �- EASEMENT FOR PUBLIC ROAD PURPOSES THIS EASEMENT, made this 7,77-y day of March, 1980, by and between Roger C. Evanson and Marilyn Evanson, husband and wife, parties of the first hart, 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 i .;r ties-�f--the fist a3 �; in consideration of One and no/100 Dollar ($1.00) to them in hand 'Paid by the party of the second part, the receipt whereof is hereby acknowledged, do Grant, Bargain, Sell, Convey, and Warrant to said party of the second part an Easement in perpetuity for public road purposes in, under, and over the following described property situated in the County of Hennepin, State of Minnesota, to -wit: The East 33 feet of the Vest 38 feet of the South 148.6 feet of the North 981.6 feet of the [west 224 feet of the Southeast Quarter of the Southwest Quarter, Section 8, Township 116 North, Range 21 West. IN WITNESS WHEREOF, the said parties of the first Dart have hereunto set their hands and seals the day and year first above written. In Presence of: g C. Evanson — G Marilyn Ev son STATE OF MINNESOTA) ss. COUNTY OF HENNEPIN) On this day of March, 1980, before me, a Notary Public within and for said County, personally appeared Roger C. Evanson and Marilyn Evanson, husband and wife, to me known to be the persons described in and who executed the foregoing instrument and acknowledged that they executed the same as their free act and deed. THIS INSTRUMENT WAS DRAFTED BY: Curtis E. Austin, Attorney Suite 730, 7900 Xerxes Ave. S. Bloomington, MN 55431 Notary Public [ZAR;AN C. KRAUEL hate:;, Fuojic, ,.e^.oepin Cc:.,nty, Minn. M1:y Commission Exl-ires Dec. 17, 1982 TRANSFER ENTERED APR 22 1 FINAN��� HEf�Lb G tf I , &4 1. 1. u I COIJ �A:j rn�jo7 .: , 4 4 off, 9�20, 1 J) 0-36 .-Is 76 L8 "A' 's3 - rJ 21 nr 530 0/ 'vo-J6 13 w E; 6 100 10 12,04669447 A 12001 oz;k% MA 0 13: Sr %o r- 0111- 9% 0 0 C3 IS741 I - % gil- ---------- 7 7j 15 Ac. .700, 50,35 57 f zwll IN J-• "y 1 61 1 q1 o..0;60 -4�� 09 --- 161 so 01 Cyl 3-96 192 31131 CA I r C URT ✓ 501 S-150 % I" ""Lli . - --b J. 15 8Z 50 ✓c, i 7oo) Ifo j23 , I ;501.9 Z66 ;Z3J- :� 0' 7. Z -7 3 2� 7 R 04 7Y .50 u ;55 A -1y is INV 7. c 0 z ojloalt' c], c� L 0 N G,.�tA r 1�7 Oil '::'7 1544� 3- .0 11'^ WS& 't ?1' 9 sil _JI 01 OL of z Z": so A P "I -a 0 v -. . �p 1.54 trs ' 9 z 'o I ov zt— SHAUGHNESSY Ist ADD.; rt Sr Q_' �SHA'WHNE9�S' Q- -- 5 'y' 9L4L s 4� I 65 9 V r 4 o 13 iv 91 c I .$187 :tl-% S6 rxi Qv 35 17-5 130 1 0 Nil) "/7 33 100 /00 0 so --olo rL( LY L E BUC HANAft 33 loa3 -2� :5 1 •/00 10.990 �t :E SO In 14S F RENCE,ii-,, LANE t de�; I A 7�4 701 100 z I . - - !R nols 0 0 -;ADD' rzi 151 0, in rj 7.9 foo 100 'ZI NO f9 -vv 736 44. NO, 09 26-vv 7 400 1 1�; DE 447 BLVD ld 100 L 5"l3 '21 'Il 0*16 11 V 20, # 0 L "Ill 4 1-1�',-.- -I 26 39 2� R. U, (D 4'! v. OUTLOT A 10 SS41 Lo - . . . , -..z:l a, X4 en Instrument is Considerec. Exempt for Tax Purposes EASEMENT FOR PUBLIC ROAD PURPOSES THIS EASEMENT, made this Z�'Ty day of March, 1980, by and between Roger C. Evanson and Marilyn Evanson, husband and wife, parties of the first Dart, and the City of Edina, a municipal corporation organized under the laws of the State of Minnesota, party of the second part; r .; i'?ITNESSETH: That the said: j ar,��..., �f--th-e -fire p-�-t, in consideration of One and no/100 Dollar ($1.00)- to them in hand paid by the party of the second part, the receipt whereof is hereby acknowledged, do Grant, Bargain, Sell, Convey, and Warrant to said party of the second part an Easement in perpetuity for public road purposes in, under, and over the following described property situated in the County of Hennepin, State of Minnesota, to -wit: The East 33 feet of the West 38 feet of the South 148.6 feet of the North 981.6 feet of the West 224 feet of the Southeast Quarter of the Southwest Quarter, Section 3, Township 116 North, Range 21 West. IN WITNESS WHEREOF, the said parties of the first part have hereunto set their hands and seals the day and year first above written. In Presence oi: R�g_­eY C. Evanson Marilyn Ev son STATE OF MINNESOTA) ss. COUNTY OF'HENNEPIN) On this�� day of March, 1980, before me, a Notary Public within and for said County, personally appeared Roger C. Evanson and Marilyn Evanson, husband and wife, to me known to be the persons described in and who executed the foregoing instrument and acknowledged that they executed the same as their free act and deed. THIS INSTRUMENT WAS DRAFTED BY: Curtis E. Austin, Attorney Suite 730, 7900 Xerxes Ave. S. Bloomington, MN 55431 Notary Public C. KPAUEL Hntr'i�.f Public• Hennepin County, Minn. Ac':y Commission Expires Dec:. 17,, 19a2 a cm STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN 763 272 FOURTH JUDICIAL DISTRICT Clarence A. Lowe, Plaintiff, AMENDED JUDGMENT VS. The First National Bank of Hopkins, a March 26, 1980 United States Corporation, all unknown heirs of Joseph Roushar, deceased, Amanda Roushar, Joseph Tesarek, Anna Tesarek, Allan W. Garrison, Helen May Garrison, aka Helen M. Garrison, John R. Paulson, Lois V. Paulson, Nora K. Fergestad, Lancer Stores, Inc., a Minnesota Corporation, David E. Thomas, Jr., Virginia S. Thomas, County of Hennepin, a body politic and corporate -under the laws of the State of Minnesota, Minnesota Gas Company, a Delaware Corporation, Northwestern Bell Telephone Company, an Iowa Corporation, Morris Chaffen, Guaranty State Bank of St. Paul, a Minnesota Corporation, the United States of America, the City of Edina, a Minnesota Corporation, Sonja Lazear, Marcia Holabird and Mina Fergestad, heirs of Marvin L. Fergestad, deceased, also all unknown Heirs of Marvin L. Fergestad, deceased, Allan W. Garrison as. Trustee for Edina Estates, Inc., a Minnesota Corporation, Bar-Ett Invest- ment Company, a Partnership, M. L. Baratz Investment Company, a Partnership, B. B. & B. Investment Company, a Partnership, Dupont Investment Company, a Partnership,. also all other persons unknown claiming any right, title, estate, interest or lien in the real estate described in the Complaint herein. Defendants. The above -entitled action having been regulally placed upon the calendar of the above -named Court for the September A.D. 1979 General Term thereof, came on for trial before the Court on the 13th day of March, 1980, and the Court, after hearing the evidence adduced at saiditrial and being fully advised in the premises, did, on the 14th day of March, 180, duly make and file its findings and order for judgment herein, and thereafter, on the 25th day of March, 1980, the Court did make and file its order amending said judgment. i Now, pursuant to said order and on motion of, Barry L. Wittenkeller, Esquire, Attorney for the plaintiff, IT IS HEREBY ADJUDGED AND DECREED: 1. That the plaintiff, Clarence A. Lowe is the owner of the property described as follows, to -wit: That part of the Northwest Quarter of the Northwest Quarter of Section 7, Township 116, North, Range 21 West of the 5th Principal Meridian, Hennepin County Minnesota, described as follows: - 1 - 763 272 Beginning ,It a point i.n the West line of said Northwest Quarter of said Northwest Quarter distant 663.35 feet south of the Northwest corner thereof; thence Southerly, along said west line of the Northwest Quarter of the Northwest Quarter to t;he inter -section with a I ine drawn 50 feet northerly of, measured at a right angle 'to and parallel with Line "A" herein- after described; thence easterly, parallel with said Line "A" to the intersection with a line drawn 33 feet easterly of, measured at a right angle to and Parallel with the west line of said Northwest Quarter of the Northwest Quarter; thence northerly, along a line parallel with the west line of said Northwest Quarter of the Northwest Quarter to a point therein distant 30 feet northerly from Line "Z" hereinafter described; thence deflecting to the right at an angle of 141 degrees 50 minutes 15 seconds, a distance of 32.37 feet, more or less, to the intersection with a line drawn 53 feet easterly of, measured at a right angle to and parallel with the west line of said Northwest Quarter of the Northwest Quarter; thence northerly, parallel with the west line of said Northwest Quarter of the Northwest Quarter, a distance of 49.33 feet, more 'or less, to the intersection with a line drawn 20 feet southerly of, measured at a right angle to and parallel with the southerly right of way line of vacated County Road No. 39; thence northeasterly, along a line parallel with the southerly right of way line of said vacated County Road No. 39, to the intersection with a line 40 feet westerly of, measured at a right angle to and parallel with Line "13" hereinafter described; thence northerly along a line parallel with said Line "B" to an intersection with a line drawn easterly from the point of beginning and at a right angle to the west line of said North- west Quarter of the Northwest Quarter; thence westerly, along said right angle line, to the point of beginning. Line "A": Commencing at a point in the south line of the Southwest Quarter of the Northwest Quarter of Section 7, Township 116, Range 21, distant 437.5 feet cast of the southwest corner thereof; thence northerly at an angle of.91 degrees 13 minutes (as measured from West to North) to the intersection with the south line of the Northwest Quarter of the Northwest Quarter of said Section 7; thence continue northerly, along last described course, 127.74 feet to the point of beginning of Line "A"; thence deflecting to the left at an angle of 80 degrees a distance of 600 feet and there terminating. Line "Z": Commencing at the southwest corner of the Northwest Quarter of Section 7, Township 116, Range 21; thence on an assumed bearing of North 3 degrees 43 minutes 43 seconds west, along the west line of said Northwest Quarter, a distance of 1617.90 feet to the point of beginning of Line "Z";.thence South 80 degrees 03 minutes 13 seconds cast, a distance of 213.23 feet and there terminating. Line "B": Commencing at a point in the south line of the Southwest Quarter of the Northwest Quarter of Section 7, 'rownship 116, Range 21, distant 437.5 feet cast of the southwest, corner thereof; thence northerly at an angle of' 91 degrees 13 minutes (as measured from west to north), a distance of 1468.20 feet; thence northwesterly, deflecting to the left, an angle of 80 degrees 00 minutes, a distance of 271.57 feet to the point of beginning of Line "B"; thence northerly, deflecting to the right, an angle of 93 degrees 30 minutes, a distance of 589.47 feet and there terminating. Also that part of the Northwest Quarter of the Northwest Quarter of Section 7, Township 116, Range 21, Hennepin County, Minnesota described as follows: - 2 - V 763 272 Commencing at the southwest corner of the Northwest Quarter of said Section 7; thence on an assumed bearing of North 3 degrees, 43 minutes;..43 seconds West, along the west line of said North- west Quarter, -.a distance of 1576.73 feet; thence South 80 degrees, 03 minutes, 13 seconds East along a line hereinafter referred to as "Line X", a distance of 234.90 feet, thence North 13 degrees, 27 minutes, 33 seconds Last, along a line hereinafter referred to as "Line Y", a distance of 40.08 feet to the inter- section with a line parallel with and 40.00 feet northerly, measured at a right IllglO, from said "Line X", and said .parallel line to he hereinafter referred to as "Line Z"; thence Northerly along said "Line Y" a distance of 199.97 feet, more or less, to its intersection with the southerly right of way line of vacated County Road No. 39, said point of intersection being the actual point of beginning of the land to be described; thence Southerly along said "Line Y" to the beginning of a curve concave to the northwest having a radius of 36.00 feet, said "Line Y" and said "Line Z" are tangent to said curve; thence southwesterly and westerly along said curve to its point of tangency with said "Line Z"; thence westerly along said "Line Z" to a point 30.00 feet easterly from its intersection with a line parallel with and 33.00 feet east of the west line of said Northwest Quarter of the Northwest Quarter; thence northwesterly to a point on the last described parallel line 30.00 feet northerly from its intersection with said "Li.ne Z"; thence north along the last described parallel line to the southerly right of way line of Vacated County Road No. 39; thence easterly along said right of way line to the point of beginning. EXCEPT the northerly 20.00 feet of the ;above described land, and EXCEPT that part of the above described land lying west of a line. 53.00 feet cast from and parallel with the west line of said Northwest Quarter of the Northwest Quarter. 2. That the defendants have no right, nor claim, nor interest in said property with the exception of those rights reserved by Stipulation between Plaintiff and defendants, County of Hennepin, a body politic and corporate under the laws of the State of Minnesota, Minnesota Gas Company, a Delaware Corporation, and City of Edina, a Minnesota Corporation filed with the Court. JUDGMENT ROLL AMFNDH): pi►,,,' March 26, 1980 moo_,_�•r4* BY THE COURT DISTRICT COURT ADMINISTRATOR By Deputy - 3 - EASEMENT FOR PUBLIC ROAD PURPOSES This Instrument is Exempt From State Deed Tax THIS EASEMENT, made this day of March, 1980, by and between Roger C. Evanson and Marilyn Evanson, husband and wife, 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 Dollar ($1.00) to them in hand paid by the party of the second part, the receipt whereof is hereby acknowledged, do Grant, Bargain, Sell, Convey, and Warrant to said party of the second part an Easement in perpetuity for public road purposes in, under, and over the following described property situated in the County of Hennepin, State of Minnesota, to -wit: The East 33 feet of the West 38 feet of the South 148.6 feet of the North 981.6 feet of the West 224 feet of the Southeast Quarter of the Southwest Quarter, Section 8, Township 116 North, Range 21 West. IN WITNESS WHEREOF, the said parties of the first part have hereunto set their hands and seals the day and year first above written. In the Presence of: Roger C. Evanson Marilyn Evanson STATE OF MINNESOTA) ss. COUNTY OF HENNEPIN) On this day of March, 1980, before me, a Notary Public within and for said County, personally appeared Roger C. Evanson and Marilyn Evanson, husband and wife, to me known to be the persons described in and who executed the foregoing instrument and acknowledged that they executed the same as their free act and deed. THIS INSTRUMENT WAS DRAFTED BY: Curtis E. Austin, Attorney Suite 730, 7900 Xerxes Ave. S. Bloomington, MN 55431 EASEMENT FOR ROADWAY PURPOSES THIS INDENTURE made and entered into this day of February, 1980, by and between Roger C. Evanson and Marilyn Evanson, husband and wife, parties of the: first part, and Warren E. Hanson and Sarah L. Hanson, husband and wife, parties of the second part, WITNESSETH: That said parties of the first part in consideration of One Dollar ($1.00) and other good and valuable consideration to them in hand paid by the said parties of the second part, receipt of which is hereby acknowledged, do hereby grant, bargain, sell, convey, and warrant to said parties of the second part, their successors and assigns, an easement in perpetuity for roadway purposes in, over and across the following described property situated it the County of.Hennepin, State of Minnesota, to -wit: Commencing at a point along the North line, 10 feet East of the West line, thence easterly to a point 26 feet East of the West line, _ then at right angles South 148.6 feet to a point on the South line 26 feet East of the West line; thence westerly to a point 10 feet East of the West line, then at right angles North 148.6 feet to a point on the North line 10 feet East of the -West line, which is the point of beginning, of the South 148.6 feet of the North 981.6 feet of the West 48 feet of the Southeast 1/4 of the Southwest 1/4 of Section 8, Township 116 North, Range 21 West. Said easement to be appurtenant to and run in favor of the following described property situated in the County of Hennepin, -1- State of Minnesota, to -wit: The South 100 feet of the North 833 feet of the East 415 feet of the West 448 feet of the Southeast 1/4 of the Southwest 1/4 of Section 8, Township 116N, Range 21W. IN WITNESS WHEREOF, the said first parties have caused these presents to be executed the day and year first above written. In the Presence of: STATE OF MINNESOTA ) ) ss. rnuwTY OF HENNEPIN ) e. � � I R6get C. Evanson Marilyn EyCanson On this 92-?MLday of , 1980, before me, a Notary Public within and or Kitdd�Co y, personally appeared' Roger C. Evanson and Marilyn Evanson, usband and wife, to me known to be the persons described in and who executed the foregoing instrument and acknowledged that they executed the same as their free act and deed. MARIAN C. KRAUEL NotaFy Public, Hennepin County, Minn. %jy Commission Expires Dec. 17, 198 THIS INSTRUMENT WAS DRAFTED BY: Trygve A. Egge Attorney at Law 2116-2nd Avenue South Mpls., MN 55404 -2- c 'k, EASEMENT FOR PUBLIC ROAD PURPOSES THIS INSTRUMENT, Made this day of February, 1980, by and between Roger C. Evanson and Marilyn Evanson, husband and wife, 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 them in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, do Grant, Bargain, Sell, Convey, and Warrant to said party of the second part an Easement in perpetuity for public road purposes in, under, and over the following described property situate in the County of Hennepin and State of Minnesota, to -wit: Commencing at a point along the North line, 10 feet East of the West line, thence easterly to a point 26 feet East of the West line, then at right angles South 148.6 feet to a point on the South line 26 feet East of the West line; thence westerly to a point 10 feet East of the West line, then at right angles North 148.6 feet to a point on the North line 10 feet East of the West line, which is the point of beginning, of the South 148.6 feet of. the North 981.6 feet of the West 48 feet of the Southeast 1/4 of the Southwest 1/4 of Section 8, Township 116 North, Range 21 West. IN WITNESS WHEREOF, the said parties of the first part have hereunto set their hands and seals the day and year first above written. In Presence of:� C .l t g C. Evanson Ma lyr;/�Evanson -1- STATE OF MINNESOTA ss. COUNTY OF HENNEPIN ) On thisday of 1980, before me, a Notary Public within and for said Co y, personally appeared Roger C. Evanson and Marilyn Evanson, husband and wife, to me known to be the persons described in and who executed the foregoing instrument, and acknowledged that they executed the same as their free act and deed. MARIAN C. KRAUEL Notec, Public, H.—IneFi❑ County; Minn. / My COmmiss;OFI LApc v, Dec. ,7, 198Z THIS INSTRUMENT WAS DRAFTED BY: Trygve A. Egge Attorney at Law 2116-2nd Avenue South Minneapolis, Minnesota 55404 EASEMENT FOR PUBLIC ROAD PURPOSES THIS EASEMENT, made this 2,?7-q day of March, 1980, by and between Roger C. Evanson and Marilyn Evanson, husband and ,wife, 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 part- es .:,f the first part; -in consideration of One and no/100 Dollar ($1.00) to them in hand paid ;by the party of the second part, the receipt whereof is hereby acknowledged, do Grant, Bargain, Sell, Convey, and Warrant to said party of the second part an Easement in perpetuity .for public road purposes in, under, and over the following described property situated in the County of Hennepin, State of Minnesota, to.=wit: The East 33 feet of the West 38 feet of the South 148.6 feet of the North 981.6 feet of the West 224 feet of the Southeast Quarter of the Southwest Quarter, Section 8, Township 116 North, Range 21 West. IN i^FITNESS WHEREOF, the said parties of the first part have hereunto set their hands and seals the day and year first above written. In Presence of: Lie Rog-' C . Evanson L _ Marilyn Ev son STATE OF MINNESOTA) ss. COUNTY OF HENNEPIN) . On this day of March, 1980, before me, a Notary Public within and or said County, personally appeared Roger C. Evanson and Marilyn Evanson, husband and wife, to me known to be the persons described in and who executed the foregoing instrument and acknowledged that they executed the same as their free act and deed. THIS INSTRUMENT WAS DRAFTED BY: Curtis E., Austin, Attorney Suite 730, 7900 Xerxes Ave. S. Bloomington, MN 55431 1 1 Notary Public MARIAN C. KRAUEL ►dnt?i;, Public, ,. ..._:(: 0,;unzy, Minn. %Ni) :'amr;iiss;c i :::ire Dec. 17, 1982 EASEMENT FOR ROADWAY PURPOSES THIS EASEMENT, made this day of March, 1980, by and between.Roger C. Evanson and Marilyn Evanson, husband and wife, Parties of the first part, and Warren E. Hanson and Sarah L. Hanson, husband and wife, parties of the second part; WITNESSETH: That said parties of the first part in consideration of One and no/100 Dollar ($1.00) and other good and valuable consideration to them in hand paid by the said parties of the second part, receipt of which is hereby acknowledged, do hereby Grant, Bargain, Sell, Convey, and Warrant to said parties of the second part, their successors and assigns, an easement in perpetuity for roadway purposes in, over and across the following described property situated in the County of Hennepin, State of Minnesota, to -wit: The East 33 feet of the West 38 feet of the South 148.6 feet of the North 981.6 feet of the liest 224 feet of the Southeast Quarter of the Southwest Quarter, Section 8, Township 116 North, Range 21 WTest. Said easement to be appurtenant to and run in .favor of the following described property situated in the County of Hennepin, State of Minnesota, to -wit: The South 100 feet of the North 833 feet of the East 415 feet of the West 448 feet of the Southeast Quarter of the Southwest Quarter of Section 8, Township 116 North, Range 21 West. IN WITNESS WHEREOF, the said parties have caused these presents to be executed the day and year first above written. In the Presence of: Roger C. Evanson Marilyn Evanson STATE OF MINNESOTA) COUNTY OF HENNEPIN) ss. On this day of March, 1980, before me, a Notary Public within and for said County, personally appeared Roger C. Evanson and Marilyn Evanson, husband and wife, to me known to be the persons described in and who executed the foregoing instrument and acknowledged that they executed the same as their free act and deed. THIS INSTRUMENT WAS DRAFTED BY: Curtis E. Austin, Attorney Suite 730,: 7900 Xerxes Ave. S. Bloomington, MN 55431 9-� r EASEMENT FOR PUBLIC ROAD PURPOSES THIS EASEMENT, made this day of March, 1980, by and between Roger C. Evanson and Marilyn Evanson, husband and wife, 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 Dollar ($1:.00) to them in hand paid by the party of the second part, the receipt whereof is hereby acknowledged, do Grant, Bargain, Sell, Convey, and Warrant to said party of the second part an Easement in Perpetuity .for public road purposes in, under, and over the following described property situated in the County of Hennepin, State of Minnesota, to -wit: The East 33 feet of the West 38 feet of the South 148.6 feet of the North 981.6 feet of the West 224 feet of the Southeast Quarter of the Southwest Quarter, Section 8, Township 116 North, Range 21 West. IN WITNESS WHEREOF, the said parties of the first Part have hereunto set their hands and seals the day and year first above written. In Presence of: Roger C. Evanson Marilyn Evanson THIS INSTRUMENT WAS DRAFTED BY: Curtis E. Austin, Attorney Suite 730, 7900 Xerxes Ave. S. Bloomington, MN 55431 � A Oct. 27, 1981 Dear Council Member, I am writing this letter to you regarding a sincere concern my wife and I have over our property rights. For the second time since we a-ccquired our property on August 4, 1976, a private individual wants to attack our ownership for his (their) personal financial gain. The developers of the proposed "rtarthe. Woods hill Addition" (see attached sheet)are trying to ret the Edina Planning Commission to approve their subdivision proposal. The FPC has turned down t'ne proposal subject to the developer accoutring a portion of my residential property. Rather then contacting us for some eauitable solution to the problem, the developer seems bent on circumventing our rights by enlisting the City of Edina's help in condemning our property. Is it within the realm of judicious reason. that. one private party can confiscate another private property owner's land to venerate a profit?? The imrlications .are frightning!!!!! We are not concerned about a legal contest with the developer. We will feel betrayed by the City of Edina if they become a party in st-te► rt.i.n;r to confiscate our land. 4:e are not tryinrr to block the develor.ment of the proposed subdivision. Please understand that the rAo• fired imrrovernents nee�'ed to facilitate. the will put a t-o;L11y needless rurden on four other property o- ners for the enrichment of the develorer!! ' We say ITO! Let us sit down and reason together and work out sor,F equitable sol: Dior. My wife Pn�i I want to invite you out to our residence to look over the situation for yourself.*I will c-ll you for an arpointmen.t. Needless to say, we are deeply concerned over this matter. ;•'aybe we can avoid the legal cost of ret-nininq the rights to our leF7aly acer.,.iired residence. Sincerely, Roger C. rv-"nson Res: 941 5979 7717 V-arth Court Bus: 544 9591 Edinn, Nn. 55'+35 A G E N D A COMMUNITY DEVELOPMENT AND PLANNING COMMISSION WEDNESDAY, SEPTERIBER 30, 1981, AT 7:30 P.M. EDINA CITY HALL COUNCIL CHAMBERS I. OLD BUSINESS: Z-81-5 Community Development Corporation R-1 Single Family Dwelling District to SR-5 Senior Citizen Residence District. Overall Development Plan. Amendment. Generally located North of Parklawn Avenue and West of York Avenue, and gererally described as the North 1/2 of the 'Vest 1/2 of the Northwest 1/2 of the Northeast 1/4 of the Southwest 1/4 of Section 32, Town- ship 028, Range 24 and the East 160 feet of the North 1/2 of the Northeast 1/2 of the Northwest 1/4 of the Southwest 1/4 of Section 32, Township 028, Range 24. 11. NEW BUSINESS: Z-81-7 J.H.E. Associates, Inc., R-1 Single Family Dwelling District to & 0-1 Office. Building District. Lots 1,2,E3, Block 1, Braewood LD-81-15 Park. Generally located east of County Road 18 and south of Braemar Park. Z-81-8 Darrel A. Farr Development Corp., R-1 Single Family Dwelling E District to 0-1 Office Building District. S-81-13 Lincoln Office.Center. Generally located in the Northeast quad-, rant of County Road 18 and West 7th Street, and generally described as part of Tracts .A & B, Registered Land Survey No. 246. Z-81-9 Byron S Kathleen Recke. C-4 to C-1. Commercial District. .Lots 11 and 12, Block 22, Fairfax Addition. Generally located at Valley View,Road and Oaklawn Avenue. S-81-12 Marthe Woods Hill Addition. Generally located north of West 78th Street and west of Marth Road, and generally described Ps the east 132 feet -)f the South 1/2 of the Southwest 1/4 of the Southwest 1/4 of Section 8, Township 116, Range 21. -81-14 Lot 11, Block 7, Braemar Hills 9th Addition. Generally located west of Gleason Roao and north of 'Vest 78th Street. LD-81-16 Lot 6, Block 7, Brae-nar Hills 9th Addition. Generally located west of Gleason Road and north of West 78th Street. Amendment to the C-1 Commercial District of .the Zoning Ordinance to allow Child Day Care as _a principal use. 111. NEXT MEETING DATE: October. 28, 1981, at 7:30 p.m. IV. ADJOURNMENT I ERTIFICATE OF SURVEY LAND SURVEYORS S713 OLWO"T Awsodut WUTW They -want to help themselves to this entire end of our property M EIR i P A DT to develop their property �7 7h themselves 0 They -want want e PrOT) s property e this entire f ou .r to develop: 10 PrOT) rty de e e 4%� 11ZO Iss, X ZZ9 0-Y Description: The South IhS.6, feet of the North 981,6- feet of the West 2a .0 fee' of the Sast half of the Southwest Quarter of Section F,,Townshlp.'- 116, Range 21.. 4e hereby certify that this is a true and correct representation of a survey of the boundaries of the land above described and of the location of all buildings, if any, thereon and all visible encroachments, if any., from or on said land. This survey is made only in connection with a mortgage loan now being placed on the property and no liability is assumed except to -the holder Of such mortgage or any other interest acquired by the raason of such mortg34 it; is understood and agreed no monuments -have been set for the purpose of,.., establishing lot lines or boundary corners. Dated this 30th day.of June, 19760. b nnes a il-C-13tration :10. 9018- V/t ly Flr•I�11�L /7f4�s _ . ADO?Ti:� L/Nf Oj THE �% Lim THE S//.'if LicTiYE5,0�!j Of _ SEG. B. Ile z frf • 1 IQL t 1 • �a o 1 r • «U/eT r;. S 1•� 33 0 • o o � r - • S •� -~ h� ------/3zoo- -• 11 SO[/1.V L/f(/f Lt�TX�f sdl% A� June 30, 1980 Trygve A. Egg.e, Esq. Merrill House 2116 2nd Avenue South . Minneapolis, Minnesota 55404 ,Re: Evanson v. Hanson v. City of Edina Your File: 2201 Dear Mr. Egge: As you may know, Mr. Lindstrom is out of the office until July 7, 1980. In the meantime I am handling some of his' business affairs. I have discussed with Mr. Lindstrom your refusal to execute a Stipulation of Dismissal With Prejudice in the above -referenced matter. Mr. Lind-strom informed me that throughout the course of settlement discussions, he operated on the assumption that as a result of the settlement, all claims against the City,of Edina would be discharged in full.' i.. A Stipulation of Dismissal Without Prejudice would fail' to accomplish that goal, and would enable the Evansons to - recommence -an action against the City of Edina arising out of the same transactions and.occurrences that were the subject of the initial lawsuit. For these,reasons, Mr. Lindstrom is unwilling to sign a Stipulation of Dismissal Without Prejudice, and insists that the dismissal be with prejudice as to both parties. Please contact me.if I can be of assistance -in clarifying this matter: However,, since Mr. Lindstrom will return to,the office on July 7, 1980,"the most productive course,might-be if you and he take the matter up next week. Very truly yours, ` JCraig D. Diviney CDD : sp ; "GVE A. EGGE .rTORNEY AT LAW June 20, 1980 Mr. John Lindstrom Dorsey Law Firm 2300 First National. Bank Building Minneapolis, Minnesota 55402 RE: Evanson v. Hanson v. City of Edina My File: 2201 Dear Mr. Lindstrom: ,Apt 2 3 1910 MERRILL HOUSE 2116 2nd Avenue South Mpls., MN 55404 (612) 871-6470 Enclosed herewith for your signature please find an original and two copies of a Stipulation of Dismissal Without Prejudice. I am not authorized to sign a Stipulation of Dismissal With Prejudice. Please sign and retain one copy and send one signed copy back to this office. Also would you please take care of filing the original with the Court. Sincer ly, f� / 7v r A. E e' Attorney at Law TAE/cp Enclosures cc: Mr. and Mrs. Evanson y y i June 18, 1980 / Trygve A. Egge, Esq. Merrill House '2116 2nd Avenue South - S Minneapolis, Minnesota 55404 Re:' Hanson v.' Evanson v. City of Edina' Your File 2201 Dear Mr. Egge: I, am writing for Mr. Lindstrom who is out o-f town until July 7, 1980. I am in receipt of your letter of June 11, 1980 with enclosures. Mr. Lindstrom has requested -,that I return to you the Stipulationof'Dismissal.without Prejudice and will require a Stipulation of Dismissal With -Prejudice,' which I have'enclosed.� Please' -execute the Stipulation and return it to me. I hope.this has not caused .you any -inconvenience. If you have- any questions ,or comments please do not hesitate to call. s -Sincerely.." ' Sue Prazak Secretary to Mr. Lindstrom sp Enclosure h , "RYGVE A. EGGE ATTORNEY AT LAW June 11, 1980 Mr. John H. Lindstrom Dorsey Law Firm 2300 First National Bank Building Minneapolis, Minnesota 55402 RE: Hanson v. Evanson v. City of Edina My File: 2201 Dear Mr. Lindstrom: JUN 13 is" MERRILL HOUSE 2116 2nd Avenue South Mpls- MN 55404 (612) 871-6470 Enclosed herewith for your signature please find an original and two copies of Stipulation of Dismissal Without Prejudice. I would appreciate it if you would sign the Stipulation,. retain one copy for your file and return one fully signed copy to me for my file. Also, would you kindly take care of filing the original with the Court? Thank you for your cooperation. Sincerely, Trygver' A Egge Attorney at Law TAE/mmc ENC. Juice 3, 1960 Mr. Gordon L. Hughes Mr. Francis Hoffman Mr. Harold Sand 4601 West 50th Street Edina, Minnesota 55424 Re: Hanson v. Evanson v. City of Edina Gentlemen: Apparently, some confusion has arisen out of the outcome of the Marth Road matter. The City should have received, according to our records, a copy of the Easement for Public Road Purposes granted by the Evansons to the City of Edina. I have enclosed a copy,of the Easement for each of you and trust that this resolves the ambiguity. The Dorsey Real Estate Department informs me that ::lie Easement was recorded on 4/22/80 as Document No. 4557858 and that the original document was returned to the City on 5/6/80. Please contact me if you have any questions. Sincerely, John H. Lindstrom JHL : sp Enclosure NOTES OF TELEPHONE CALL to Others Date_ `7� -"? c� Time Phone RE: a MEMORANDUM TO: Thomas S. Erickson FROM: Marit K. Meister DATE: April 23, 1980 RE: City of Edina - Easement (Evanston, Pt of 8-116-21) I filed the Easement with the Hennepin County Recorder on April 22, 1980. It was given Document No. 4557858. The owners were correct on the Easement - Roger C. Evanson and Marilyn B. Evanson, husband and wife, as joint tenants. Marilyn's middle initial was not included on the Easement, though. They own the South 148.6 feet of the North 981.6 feet of the West 224 feet of the Southeast Quarter of the Southwest Quarter, Section 8, Township 116 North, Range 21 West, Hennepin County, Minnesota. Their is one mortgage of record, which Evansons assumed. The Mortgage was in favor of Eberhardt Company, a Minnesota corporation. It was dated September 20, 1972, and filed September 28, 1972, as Document No. 3973734 and was assigned to Commercial Federal Savings and Loan Association by Assignment dated October 10, 1972, filed October 13, 1972, as Document No. 3976694. /kb V &/,0 - 60151-Atfe MAY 0 8 1980 May 7, 1980 Mr. John H. Lindstrom Dorsey, Windhorst, Hannaford, Whitney & Halladay 2300 First National Bank Building Minneapolis, Minnesota 55402 RE: Hanson vs. Evanson vs. City of Edina Dear John: Enclosed please find the Release properly executed by the Hanson's. I am not certain of the purpose of this particular Release, but I have no objection to it. The Stipulation of Dismissal has already been executed in regard to the Warren E. Hanson and Sarah L. Hanson, Plaintiffs, versus, Roger C. Evanson and Marilyn Evanson. It is my understanding none of .the third -party pleadings were filed,and no Stipulation of Dismissal was necessary. However, if you would prefer to have a Stipulation drafted, please let me know, and we will prepare it. Sincerely, d'a Curtis E. Austin CEA:ss Enclosure DORSEY, WINDHORST, HANNAFORD, WHITNEY a HALLADAY HENRY F. ..( TMOMAS C MOC 2300 FIRST NATIONAL BANK BUILDING JAMES A. FLADER JULE M hANNAFDRD JAMS M 0HAGAN ARTHUR B. WHITNEY JONN M.MASON RUSSELL W LINDOUIST LOREN R. KNOTT DAVID R. BR..A PHILLIP N MARTIN HORACE "ITCH RE, SE C JOHNSON ROBERT J. JOHNSON CNARLES J. HAUENSTCIN MAYNARD B-HASSELOUIST CNARLES A GEER PETER DORSEY JOHN C-ZWAKMAN GEORGE P FLAN NERY - JOHN R. WICKS CUR715 L. ROY EUGENE L. JOHNSON ARTH UP E. WEISBERG JOHN W. WINDMORST, JR, DUANE E, JOSEPH MICHAEL PRICHARD JAMES B. VCSSEY JOHN P. VI7KO WILLIAM A. WHITLOCK WILLIAM R. SOTM EDWARD J. SCMWAPTZBAUER RICMARD G. SWANSON THOMAS M. BROWN FAITH L. OMMAN CORNELIUS 0. MAHONEY. JR. DAVID A PANNE IN WILLIAM C. BABCOCK ROBERT J. SILVERMAN THOMAS S ERICKSON THOMAS R. MANTHEY MICHAEL E. BRESS WILLIAM R. MIBBS RAYMOND A. REISTER PHILIP F. BOEL7ER JOHN J, TAYLOR WILLIAM B. PAYNE WILLIAM J. HEMPEL ROBERT A NEI8ERG JOHN S, MIBBS JOHN D. KIRBY ROBERT O.FLOTTEN- ROBERT A SCHWAPTZBAUER JOHN D. LEVINE - DAVID N. FRONEK ROBERT J. STPUYK THOMAS W TINKHAM MICHAEL A OLSON JON F. TUTTLE LARRY W JOHNSON EMERY W. BARTLE THOMAS S. MAY WILLIAM A, JOHNSTONE G. LARRY GRIFFITH STEVEN K. CHAMPLIN CRAIG A BECK MICHAEL J. RADMER DAVID L MCCUSKEY MICHAEL TRUCANO M I N N E A P O L I S, MINNESOTA S S 4 0 2 (612) 340-2600 CABLE: DOROW TELEX: 29-0605 TELECO PIER:(612) 340-2866 860 W-FIRST NATIONAL BANK BLDG ST. PAUL,MINNF.SOTA 56101 1612) 227-8017 118 THIRD STREET SOUTHWEST ROCHESTER, MINNESOTA SS901 (507) 286-3166 312 FIRST NATIONAL BANK BLDG WAYZATA, MINNESOTA 65391 (6121 476 - 0373 May 2, 1980 Mrs, FlorencelR. Hallberg City Clerk City of Edinal 4801 West 50tYi Street Edina, Minnesita 55424 Dear Mrs. Hallberg: I Enclosed herewith are were filed with Hennepin County: MKM/kb enclosures DAVID L BOEHNEN MICMEL A LAFOND DON D CARLSON PAUL J-SCHEERER WILLIAM J. KEPPEL FRANK H. VOIGT WILLIAM M, MIPPECJR. ROBERT A BURNS ROGER J. MAGNUSON PETER S. MENDRIASON JAY F. COOK STANLEY M-REIN CNARLES L POTUZNIK VERLANE L. ENDORF DENNIS P. BURATTI ROBERT L MOB BINS BARRY D. GLAZER IRVING WEISEA STEPMEN E. GOTTSCHALK KENNETH L. CUTLER OWEN C. MARA J.ROBERT M1813 S MICHAEL L MURPHY WRY M.JOMNSON ROBERT G SAYER SUZANNE B, VAN DYK STUART R-HEMPHILL J DAVID JACK50N W CNARLES LANK STEVEN F. WOLWMOT, J.MAROUIS EASTWOOD E DWARD J. RUINER JAMES E. BOWLUS the following documents that THOMAS D VANDER MOLEN MARK A JARBDE PAUL E KLAAS MARGERY K, OTTD RONA:D J BROWN MARC L KRUGER CATHERINE A BARTLETT DAVID J. LUBBEN BRUCE J. SMNIDER GEORGE G. ECF DARRON C. KNUTSON BARBARA B. FARRELL LENZA MCELRATM. JR MARIANNE D. SHORT MICHAEL E. PCESLU14D ELIZABETH A, GOODMAN MARIANNE E- DURKIN JONN K. ELLINGBOE ROBERT J DWYER, JR. BRIAN L NOPONALL BRIAN L PALMER MICHAEL T. WESTERMEYER JEROME P, GILLIGAN DIANE D. MALFELD DEBORA. S. KLEINMAN WILLIAM J. BERENS JAMES D-ALT OF COUNSEL WALDO F. MAROUART JOHN F, FINN 1. Notice of Completion of Proceedings on Street Vacation Antrim Road Cattested copyl filed with the Registrar of Titles on April 22, 1980, in Vol. 1565 of Register of Titles, Page 472538 as Document No. 1378673. 2, Easement covering part of SE Quarter of SW Quarter.8,-116-21 Coriginall from Roaer C. Evanson and arilyn Evanson, dated March 28, 11980, and filed Apri 22, 1980, as Document No, 4557858, Very truly yours, Marit K. Meister Assistant to Thomas S, Erickson 1 April 21,'1950 i ,Curtis L. Austin, Esq. Northwestern Financial Center Suite 730 , 7900 Xerxes Avenue South ' Minneapolis, Minnesota 55431 - Trygve 'A. Egge, , Esq. mer.rill ,arouse 211.6 grid . Avenue South Minneapolis, Mil.3ne-sota 5540.4 Re: Hanson v. Evanson v. City of ;dina Dear Mr. Austin and Mr. Egge: _ Please instruct your clients to execute the -enclosed and return to me at your.convenience.' Also, could you draft' a stipulation of dismissal- and forviard sane to. me. Sincerely, ~ John 1-1. Lindstrom. JHL: sp, _Enclosures i ef/I-"a"-7166 An 2 1110 April 18, 1980 Mr. John H. Lindstrom Dorsey, Windhorst, Hannaford, Whitney & Halladay 2300 First National.Bank Building Minneapolis, Minnesota 55402 RE: Hanson vs. Evanson vs. City of Edina Dear Mr. Lindstrom; Enclosed please find the original Easement for Public Road Purposes regarding the Evanson's, Hanson's, and the City of Edina. Thank you. Sincerely, Curtis E. Austin CEA:ss Enclosure April, 101 1980 , Curtis E: Austin, Esq. Northwestern.Financial Center Suite 730 .7900,Xerxes avenue South Minneapolis, Minnesota 55431 Re.: Hanson-v. Evanson v. City of Edina Dear Mr. Austin My apologies for not thanking you for the tremendous /lunch. - It turns out that -I, should have had more than one glass of.wine -= the remainder of,that day was'not ne$rly so pleasant, It is our practice to file the original easement. Please send the original at your convenience. Also, could you please - have typed across the top of the document "This Instrument -Is Considered.Exempt For Tax Purposes." , Sincerely, John H. Lindstrom JHL:sp cc: Trygve A. Egre , 6712 -dVW -Alff APR 0 9 1980 April 7, 1980 Mr. John H. Lindstrom Dorsey, Windhorst, Hannaford, Whitney & Halladay 2300 First National Bank Building Minneapolis, Minnesota 55402 Dear Mr. Lindstrom: Enclosed please find a photocopy of the Easement running in favor of the City of Edina. Do you wish us to file the original, or is this a document you would prefer to file on behalf of the City or have forwarded to the City for filing. Would you please let me know. Sincerely, Curtis E. Austin CEA:ss Enclosure gu.e T, ms I MEMORANDUM OF TELEPHONE CONVERSATION JOHN H. LINDSTROM TO: FROM: DATE: y RE: kt o Date: 3 / TO: Fr T. S. Erickson (2659)) Re: VC-la— aCM4� r MEMORANDUM TO: Thomas Erickson FROM: John Lindstrom DATE: March 17, 1980 RE: City of Edina (Lowe) and (Marth Road) I thought perhaps a summary of the events that have occurred to date in the two Edina matters referenced above would be useful. The Lowe case is, for all practical purposes, closed. Mr. Lowe's attorney has accepted Edina's version of the Stipulation, and he is now in the process of filing the Stipulation with the Court. I will forward a certificate of filing when it is available. Unfortunately, the Marth Road matter is not progressing as smoothly. As you are aware, a problem arose last week concerning the trial schedule. Mr. Hanson's attorney is required by the Rules for the Fourth Judicial District to serve a Note of Issue upon us simultaneously with his filing the Note in court. He failed to do so. As a result, I had no notice that trial was scheduled for the loth of March. One telephone call to the Clerk remedied the problem. The case has been stricken from the trial calendar. The parties have reached an impassein the settlement negotiations. Evanson (the owner of the servient tenement) is willing to give an easement in perpetuity to both Hanson and the City of Edina, but the width of that easement (approximately twenty-six feet) is insufficient to permit assured approval of Hanson's subdivision plans. And the width of this proposed easement does not particularly benefit the City of Edina. Because Marth Road is some forty-eight feet wide, the easement must be at least thirty-three feet to allow continuity between the two roads. In addition, the proposed easement does not include the most westerly ten. feet of property. Mr. Hughes has informed me that the City desires at least five of those feet in order to make Marth Road and the proposed easement.mesh more completely. Another problem arises in negotiating with Evanson's lawyer. Unless the City can persuade Evanson to grant a thirty- three foot wide easement, the City probably will not be able to secure that thirty-three foot easement by dedication. As you know, dedication only results in ownership of that portion of the private roadway actually maintained, plus enough land for adjacent support. Unfortunately, this may be less than thirty-three feet in this instance. Therefore, I am trying to placate Evanson's attorney, hoping that he will convince his client to grant an easement of at least thirty-three feet. Actually, if Evanson cannot be convinced to grant such an easement, it may not be worth the City's money to litigate the matter, since the City could not secure a wider ease- ment than Evanson is now willing to grant. I have suggested that all parties meet at the Dorsey firm sometime in the next few weeks in an attempt to hammer out an easement acceptable to'all concerned. I will apprise you of these developments as they occur. sp -2- Marc... 21, 1980 Gordon L.. Hughes Director of,planning plin } ram. - �801 Host h ai"a, Ni11?"ic:rjota 55424 1 / es Wnso% 'T. Evanson V. . Cit of Edina � D it ;r . Hughes La'kcIased For your y rovai_ please fire Qe Easement i ;_ you wave any questions, ns , ri7-C':i` f do I 0t :1esi l a-te John ' i.:iI'C,vtroT^ ,.7i.r Lnclosure f STATE OF MINNESOTA DISTRICT COURT OF MINNESOTA FOURTH JUDICIAL DISTRICT JACK M. PROVO DISTRICT COURT ADMINISTRATOR 12TH FLOOR COURTS TOWER HENNEPIN COUNTY GOVERNMENT CENTER MINNEAPOLIS, MINNESOTA 55487 March 11, 1980 Mr. John H. Lindstrom Attorney at Law 2300 First National Bank Building Minneapolis, MN 55402 RE: Warren and Sarah Hanson vs. Roger and Marilyn Evanson Case No. 756794 Dear Mr. Lindstrom: I received your letter of March 4, 1980, concerning the above -mentioned case. Be advised that the case has been stricken from the trial calendar. Sincerely, 6 """j Roy H. Halldeen Court Division Supervisor RHH/kla cc: Curtis E. Austin Trygve A. Egge NOTES OF TELEPHONE CALL to 4;:D, 9 Others. Date S Time /0,JVf7,-- Phone Re: oko M-Iy20 MEMORANDUM OF TELEPHONE CONVERSATION JOHN H. LINDSTROM T0: 01�u Xfi H FROM: 3 / DATE: RE: /�✓�� �6o.CS /�A6C -gig. � f �J%lGf abes c4V OZ 70' ;Zwool r ? 7 C MEMORANDUM OF TELEPHONE CONVERSATION JOHN H. LINDSTROM m FROM: DATE: March 4, 1980 Mr. ?Roy Iialldeen, c/o Assignment Office Hennepin County Government Center krinneapolis, Minnesota 55487 Re:t Hanson.v.-Evanson V. City•of.Edina Court File No. 756794 Dear Mr.' He&ldeen: Fursduat to our conversation of .Msnch 3, 1930, I have contacted all parties -involved and with their-mestival consent, we are requesting -an indefinite continuance of the abeouecaptioned case. If you have any questions, -please do not hesitate to) call me. Very truly yours., John 11. Lindstrom JHL'• sp - TRYGVE A. EGGS ATTORNEY AT LAW March 3, 1980 Mr. Curtis E. Austin Northwestern Financial Center 7900 Xerxes Avenue South Suite 730 Minneapolis, Minnesota 55431 Re: Hanson v. Evanson My File 2201 Dear Mr. Austin: MERRILL HOUSE 2116 2nd Avenue South Mpls., MN 55404 (612) 871.6470 %041ills This letter will confirm our telephone conversation of today, wherein you stated that you would be sending a draft in the amount of $3,000. Enclosed please find two original easements which we also talked about today. It was also agreed that I would not cash the draft and you will not file the easements until your question about the acceptability of the easement by the City of Edina is resolved. I spoke to Mr. Lindstrom, attorney for the City of Edina, he said he will be speaking with you and the city planner. . Neither of us'expect that the dimensions of the easement will be unacceptable to the City of Edina. Sincerely, let_ Trygve A. Egge Attorney at Law TAE/cp Enclosures cc: Mr. & Mrs. Evanson -,/Mr. Lindstrom MEMORANDUM OF TELEPHONE CONVERSATION JOHN H. LINDSTROM FROM: DATE: RE: MEMORANDUM OF TELEPHONE CONVERSATION JOHN H. LINDSTROM TO: ; 4r yj-C FROM: DATE: p*4--G li RE: •Ilk d"A - _. IbI , MRMnRANT)TTM TO: THOMAS S. ERICKSON FROM: deEtt Allen You asked me to check to see who owns the 33' strip of land on the attached map, whether there has ever been an easement for roadway purposes over that piece, and who owns the property to the South of this 33' strip. 1. It appears from the tract index that the 33' strip of land remains in the name of Arnold F. Heger. He at one time owned most of the property in this area and somehow this particular strip of land was never conveyed. The tax records indicated a Gordon L. Schuster was the owner and taxpayer. They double checked the tract index and came up with Arnold Heger as the owner also, unless there is an outstanding deed. 2. There were no easements over the 33' strip of land in any of the transfer documents, or as separate instruments. 3. The property just to the South, described as the South 148.6 feet of the North 981.6 feet of the West 224 feet of the Southeast 1/4 of the Southwest 1/4, Section 8, Township 116, Range 21, is owned by Thomas J. Weiseth and his wife by Warranty Deed filed 9-28-72 as Document t No. 3973733 in the office of the Register of Deeds. 10-6-75 Sr' _ N � •�. i � F � iD F S r 6O -Y _ C• �-• s L - _ s { 6- Z .; 7—c r" Wj it 13z- 0 � v Z65192 1 sue, �. z3t• 9 \ 1.4554 1 .. • ` e\ AiJvn -. tyy -t. •- .�"`i 10 �d De 5 612-"05--Am January 24, 1980 Mr. John H. Lindstrom Dorsey, Windhorst, Hannaford, Whitney & Halladay 2300 First National Bank Building Minneapolis, Minnesota 55402 RE: Hanson vs. Evanson vs. City of Edina Dear Mr. Lindstrom: Enclosed please find a letter I received from Trygve Egge in regard to the possible settlement of the pending litigation. You will note he is proposing a perpetual easement for roadway purposes for the benefit of the Hanson's property. In my last conversation with you, I had gained the impression that the City of Edina would require an easement running in favor of the City of Edina before they would allow a plat of the Hanson's property. Could you please clarify this matter for me so that Mr. Egge and I can bring the matter to a successful conclusion.. Thank you. Sincerely, Curtis E. Austin CEA:ss Enclosure TRYGVE A. EGGE ATTORNEY AT LAW January 18, 1980 Mr. Curtis Austin Northwestern Financial Center Suite 730 7900 Xerxes Avenue South Minneapolis, Minnesota 55431 Re: Evanson v. Hanson My File: 2201 Dear Mr. Austin: MERRILL HOUSE 2116 2nd Avenue South Mpls., MN 55404 (612) 871-6470 I have discussed your settlement of December 18, 1979 with my clients. As expressed to you earlier, my clients have not wanted to cause trouble with the Hansons only to receive fair treat- ment. My clients were impressed with your comments concerning the limited income of your clients. Therefore, please be advised that my clients accept your settlement offer in the sum of $3,000. Enclosed is a Stipulation of Dismissal which I ask you to sign and return to this office, together with your draft of $3,000. I will prepare a perpetual easement for roadway purposes over the Evanson driveway to the benefit of the Hanson property. I will have the Evansons execute the easement upon receipt of the settlement draft and forward it to your office for filing. I have discussed this matter with the attorney for the city of Edina. They are not interested in pursuing a claim of public dedication if the matter is settled between the Hansons and the Evansons. They would not raise the issue again separately if we settle our case. Therefore, we can go ahead and conclude this matter at this time. If you have any questions, please do not hesitate to contact me. Sinceree,,ly; Trygve�A. Egge TAE/cp Enclosure cc: Mr. & Mrs. Evanson C COP DORSEY, WINDHORST, HANNAFORD, WHITNEY & HI LLADAY 2300 FIRST NATIONAL BANK BUILDING MINNEAPOLIS,MINNESOTA 55402 880 W-FIRST NATIONAL BANK BUILDING (612) 340-2600 115 THIRD STREET SOUTHWEST ST. PAUL,MINNESOTA 55101 CABLE: DOROW ROCHESTER. MINNESOTA 55901 (612) 227-8017 (507) 288-3156 TELEX: 29-0605 TELECOPIER: (612) 340-2868 January 28, 1980 JOHN H. LINDSTROM (612) 340-2989 Mr. Curtis E. Austin Northwestern Financial Center Suite 730 7900 Xerxes Avenue South Minneapolis, Minnesota 55431 Dear Mr. Austin: Your letter of January 24 is correct in that the Municipal Ordinances in effect in the City of Edina would require that the right-of-way in question become a public, not a private, easement in order for the Hanson subdivision proposal to have any chance of success. If the easement . runs only in favor -of the dominant tenement, Mr. Hanson must seek a variance from the City Council in order for his proposed subdivision to be granted. A variance for this reason is rarely granted. Sincerely, John H. Lindstrom JHL:sp cc: Tom Erickson cc: Trygve A. Egge cc: Ken Rosland MEMORANDUM TO: ; Thomas Erickson ' FROM: John Lindstrom �. DATE: January:22', 1980 RE: Marth Road Matter -- City of Edina Audit - The City of Edina has been named a third party defendant.in a case captioned Hanson v. Evans.on�and,the City of Edina. Briefly,- the•caseIconcerns the.following: Hanson owns a Parcel.of real estate that is adjacent to a parcel of real.estate owned -by Evanson. Although Hanson's real estate is indirectly serviced by an existing road, Hanson has used a private right of way�to reach his land that traverses Evanson's property: Hanson desires that he be permitted to subdivide his parcel of realeestate. In order for such permission to'be granted; Hanson would-probably.be required to obtain a perpetual public easement on what -now is the private right -of way across Evanson's land. In an'effort to block Hanson's efforts toward subdividing Hanson's property, Evanson threatened to deny Hanson further use of the right of ,,way: As a ' result, , Hanson brought suit against Evanson, alleging, among other things, that the private right of way had been'used,'by the general public and had been maintained by.the City of.Edina.• These two actions, -in Hanson's opinion, result in an -implied -dedication of the right of way to .the. public pursuantto Minnesota. lair, Threatened with the possibilities of present or future dedication, Evanson then`impled the City'of Edina in an attempt to' .resolve.the legal status of,the right of way in one action.;, The City of Edina'now claims that the right of way has been impliedly dedicated to'the'City. However, the City faces no liability of any kind arising out of;bfte current action. Indeed,,if the suit is successful; the City will realize a substantial.'benefit. And a.possibility exists that the suit will be settled without any participation by, the City of Edina. - J.L. sp MEMORANDUM OF TELEPHONE CONVERSATION JOHN LINDSTROM TO/FROM: NUMBER: f 3 S' _ 714 RE: �/Q%� dal- DATE : TIME: ,/ Y04, /'h , MEMORANDUM OF TELEPHONE CONVERSATION JOHN LINDSTROM TO/FROM: fj l",-,I NUMBER: RE: �I1 I� 41ia n n DATE: TIME: ),I- fo 0. b �o MEMORANDUM OF TELEPHONE CONVERSATION JOHN LINDSTROM TO/FROM: NUMBER: / I RE: DATE: TIME: MEMORANDUM.OF TELEPHONE CONVERSATION JOHN LINDSTROM MEMORANDUM OF TELEPHONE CONVERSATION JOHN LINDSTROM MEMORANDUM OF TELEPHONE CONVERSATION JOHN LINDSTROM TO/FROM: NUMBER: ryyl- op ?/- 4 v ?40 RE: ml?fm/ /ww DATE:/A. /40 TIME: ,pt:11,1' MEMORANDUM OF TELEPHONE CONVERSATION JOHN LINDSTROM TO/FROM:) 5� NUMBER: RE: A/� �R DATE: TIME: �. MEMORANDUM OF TELEPHONE CONVERSATION JOHN LINDSTROM TO/FROM: �iiGl7fi+, NUMBER: RE: DATE: % o TIME: all Ile IJ'f :9zll oe X401C �D��y SArT a 8'Yuj d �66 ��` -� -� , D""?RICT COURT ADMINISTRATION PHONE 348-3164 Ja Provo Adn strator November 29, 1979 John Lindstrom Attorney at Law 2300 First National Bank Building Minneapolis, Minnesota 55402 Dear Sir: 12th Floor, Court Tower Government Center Minneapolis, Mn. 55487 Re: Warren -Hon, et al vs. Roger E. Everson Court File No. 756794 We are returning your papers for the following reason: A fee of $ is required, XX Overpayment of $ 19.00 enclosed. Personal out-of-state checks not accepted, please send Cashier's check or Money Order in U. S. currency. Must file combined Note of Issue/Readiness for Trial. Statement of case must be filed at time of filing Note of Issue/ Readiness for Trial. Papers should be filed in Affidavit of Identification required. We are unable to find any record of this case. A Proposed Order and Memorandum must accompany a Notice of Motion and Motion upon filing. (See Rule 4d, Fourth Judicial District) An Affidavit and Demand for Change of Venue has been filed. If opposed to the Change of Venue, respond in writing to District Court within eight days pursuant to Supreme Court Ruling June 13, 1975 on Standslast vs. Reid. Please respond to: XX Other: No fee is require for Municipalities. i.e. City of Edina HC 2830 �Dll A Deput MEMORANDUM OF TELEPHONE CONVERSATION JOHN LINDSTROM TO/FROM: NUMBER:pZ DATE: TIME: . �o� wad. � � �;��'� ����• °�G` �. ems ` a` z �a� MEMORANDUM OF TELEPHONE CONVERSATION JOHN LINDSTROM TO/FROM: ;r tIe NUMBER: RE: o �di�c ma • (/� DATE: TIME: 7 • C� . �. ��/, �dZGs�l!/IG� IDOo „ MEMO] TO: Thomas Erickson FROM: John H. Lindstrom DATE: November 28, 1979 RE: City of Edina re: Mr. Egge, Evanson's attorney, indicated that his client might be willing to settle for $7,000.00. I sounded - out Mr. Austin's opinion of that figure, asking if his clients, the Hansons, would be willing to pay Mr. Evanson, since the road would substantially benefit the Hansons. Mr. Austin said that his clients were on a fixed income, and that they very well might be amenable to such a solution but for the fact that they simply could not come up with $7,000.00. I asked Austin if his clients would be willing to mortgage the proposed subdivision land or otherwise give security to the City of �} Edina if the City were to front the Hanson's the $7,000.00 (or whatever lesser figure could be negotiated) needed to buy off Evanson's claim. He replied that he would contact the Hansons for their answer. r� I telephoned Mr. Hoffman and explained the negotiations with Egge and Austin. I also explained that if we proceeded in this manner, the City of Edina would lose virtually nothing except, perhaps, interest on the money fronted to the Hansons, since the Hansons are virtually assured of realizing a substantial amount of money after subdivision is completed. I further explained that the trial costs could easily run in excess of $3,000.00 with no absolute guarantee of success, although the City's chances of success do appear very good. Hoffman said that the idea appears superficially sound, as long as the Hansons do not expect a guarantee of approval for the subdivision but that he would likY to talk with others -in Edina's administration before giving me a definite answer as to the City's position. sp November 23, 1979 Mr. Fran Hoffman City Hall - Edina .4301 W. 50th Street Edina, Minnasota 55424 Dear Mr. Hoffman: Enclosed is'a copy of the answer we filed on behalf of the City of Edina in the Marth Road matter. Please call.me if you have any 4uestions. Very truly yours, John H. Lindstrom JHL : s2 Enclosure November 28, 1979 'Trygve A I ' Egge, Esq. 2116 .Second Avenue South Minneapolis, Minnesota 55404 Re: Hanson v. Evanson v./City of Dina Dear Pir. Egge i Enclosed'and served upon you b ^ail please find the City of Edina's Angwer to Third Party Complaint. sincerely,,. r John'H. Lindstrom JIiL: sp Enclosure i MEMORANDUM OF TELEPHONE CONVERSATION JOHN LINDSTROM TO/FROM: NUMBER: /%� • RE: 1"t%( DATE: II ( ZG i / Nil M •rr MEMORANDUM OF TELEPHONE CONVERSATION TO/FROM: Ii G�yt NUMBER: RE: DATE: JOHN LINDSTROM TIME : O,, S, oT ! / �G �!. n' r r ,wee�-Ac AA Ara er ecG"l A c f �v�r-�a L� s �o� �✓re S-v r�+.., 64 u� WX J i November 1., 1979 Mr. Francis Hoffman Director, Public Works and Engineering City of Edina 4801 West-50th-Street Edina, Minnesota' 55424 RE: Furth Road Dear Frans I enclose herewith a Third Party,Summons and Com- plaint. I°accepted service of this Summons and Complaint on November 1, 1979. -ire have until.November 21, 1979, to respond, if we wish to respond. will you please advise as to whether or not you wish to respond. Very.truly.yours, Thomas S. Erickson. TSE/bjd - Enclosure cc._ Mr. Kenneth E. Rosland Mr. Gordon Hughes TRYGVE A. EGGE ATTORNEY AT LAW October 31, 1979 Mr. Thomas S. Erickson Dorsey Law Firm 2300 1st National Bank Building Minneapolis, Minnesota 55402 Re: Evanson v. Hanson My File: 2201 Dear Mr. Erickson: RECEIVED N QV 011979 MERRILL HOUSE 2116 2nd Avenue South Mpls., MN 55404 (612) 871-6470 Enclosed please find the original and one copy of an Admission of Service. Also enclosed is a copy of a Third Party Summons and Complaint with Exhibit. Please sign the original Admission of Service on behalf of your client, and return it to this office, if this is not acceptable, please advise. Since -e1y, 7�j�� t e A. E��'ee- Try Attorney at Law TAE/cp Enclosures cc: Mr. & Mrs. Evanson NOTES OF TELEPHONE CALL to Others i n TRYGVE A. EGGE ATTORNEY AT LAW MERRILL HOUSE 2116 2nd Avenue. South R E C E! V t:, U Mpls., MN 55404 ® C T 02 1979 (612) 871-6470 October 1, 1979 Mr. Thomas S. Erickson Dorsey Law Firm 2300 1st National Bank Building Minneapolis, Minnesota 55402 Re: Evanson v. Hanson My File: 2201 Dear Mr. Erickson: I would like to know your position on the above entitled matter. I hope to hear from you soon. Sincerely, 41�iy,,'� TrygvzeA. Eggs Attorney at Law TAE/cp cc: Roger Evanson RECEIVED TRYGVE A. EGGE ATTORNEY AT LAW September 17, 1979 Thomas S. Erickson Dorsey Law Firm 2300 1st National Bank Bldg. Minneapolis, MN. 55402 Re: Evanson vs Hanson My File: 2201 Dear Mr. Erickson: SEP 18 1979 MERRILL HOUSE 2116 2nd Avenue South Mpls., MN 55404 (612) 871-6470 Hopefully, you have had an opportunity to review the letter forwarded to you by Mr. Huges. Please let me hear from you soon on this matter. Sincerel T g e A. eggW�C Attorney at Law TAE/mh cc/ Evanson -v OF INNA 4801 WEST 50TH STREET, EDINA, MINNESOTA 55424 612-927-8861 August 30, 1979 Mr. Trygve A. Egge Merrill House 2116 - 2nd Avenue South Minneapolis, MN 55404 Dear Mr. Egge: I have received your letter of August 22 1979, concerning the Hanson/ Evanson matter. I have forwarded a copy of your letter to Thomas S. Erickson, our attorney. In that Mr. Erickson is presently on vacation, we will not be able to respond for two to three weeks. Thank you. Sincerely, 4rdL. Hughes Director of Planning GLH: jkt TRYGVE A. EGGE ATTORNEY AT LAW MERRILL HOUSE 2116 2nd Avenue South Mpls., MN 55404 (612) 871.6470 August 22, 1979 Gorden Hughes, Director of Planning Edina Planning Dept. 4801 West 50th St. Edina, MN. 55424 Dear Mr. Hughes: As you may be aware, a suit was commenced by Mr. and Mrs. Warren:Hanson against Mr. and Mrs. Roger Evanson.. Mr. and Mrs. Evanson have initiated.a counter -claim for a Quiet Title Action in order to settle, once and for all, the right-of-way dispute they have with the Hansons. Since the nature of a Quiet Title Action is to lay torest all adverse claims against the property, I must ask you.to consider those interests or claims of right the City of Edina may have against the Evanson property. Mr. Austin, the Hanson's attorney, has raised the question as to.whether an implied dedication (M.S.A. 160.05) applies to this situation. The statute makes reference to maintenance of a private road as a public highway. Our investigation has revealed that: 1. Three years ago the. Evanson driveway was superficially blacktopped for.the sole purpose of preventing erosion of gravel upon 78th Street, due to complaints by the `state highway department to the City of Edina. 2. Prior to blacktopping, thedriveway, was graded only. after heavy rains to return the gravel to the driveway. 3. The snowplowing of the Evanson driveway was done -strictly for the convenience of the plow operator; never under instruction of the City of Edina staff and never at the request of the landowner. 4. The City Public .Works Department has not kept any written records of street maintenance activity. It is clear from the facts that statutory dedication does not apply. Nonetheless,.it may be appropriatefor the City to become involved in the suit so the technical and procedural requirements of a Quiet Title Action are met. This can be accomplished by either of two methods.. First, the city can intervene in the present action or second,,the Evansons can make the City of Edina a party by the process known as third -party complaint. The city"s involvement could simply be to become an inactive.party, entering an answer disclaiming any interest. Such a response would be consistent with your position that this is a matter strictly between the Hansons and Evansons. Your files indicate this position as long ago as 1975 when Lon Lofthus of the City Engineering Department attempted to get the Hansons and Lords to enter into a private easement agreement, and more recently by your correspondence to Mr. Austin dated Nov. 8, 1978 wherein you stated that it was the Hansons',obligation,to secure their own right of way across the Evanson property. Please refer these matters to your city attorney and if either of the above methods would be appropriate perspective of the City of Edina. -in facilitating the of all claims in the Evanson property by meeting the of including any party.with an interest in an action title. Please let me hear from you as soon as possible. Sincerel , T �iA.S SelYg g Attorney at Law TAE/mh cc/ client advise me from the resolution requirements to quiet o 111111:�'' DORSEY, MARQUART, WINDHORST, WEST & HALLADAY NEW FILE REQUISITION Client City of Edina Client 094802 Name Number: Address 4801 West 50th Street, Edina 55424 Phone No. 927-8861 Reference Re: Marth Road — Hansen & Evanson Lawsuit Will time be charged to this Re: 17Yes EJ No If No --provide below the name and number of the Re: to which time will be charged. Re File: Large — ® Medium — Small — Is this a referral? Yes No XX If a referral, by whom referred? Name on File: In charge John Lindstrom Billing Attorney Name rs S. Erickson Have you checked for conflict of interest? _ Do we have a related client? No Description of work to be performed FEE ARRANGEMENT Yes 1. In discussing arrangements, did you discuss fee with the client? Yes No XX 2. Is client able to pay fee? Yes XX No If answer is no, the matter must be reviewed by the Administrative Partner before the file may be opened. 3. Basis for fee - - Time xx Contingency (give details) Other (specify) Other Instructions: Date November 21 , 19 79 O Re: Number OO oZ17 0 Re: Number Correspondence Spindle Legal Spindle n hers 'I'hC mas S . Erickson Billing Attorney 0276 Number BILLING ARRANGEMENT 1. Client is to be b' I led �,,_ Monthly Bi Monthly Quarterly JW End of Matter 2. Is there any reason why disbursements should not be automatically billed to the client by Bookkeeping? Yes No XX If yes, state reason 1 Signature Billing Attorney A -a Approving Partner LITIGATION DEPARTMENT NEW WORK SCREENING REQUEST (SEND TO R. BUCKVOLD) 1. Attorney Originating Request: g 1�11i�d�+ ® OA (No litigation matter can be accepted until approved by the Litigation Screening Partner) 2. Client: (If existing client, fill in name only) Name City of Edina Address Affiliates, subsidiaries, connected business entities or persons 3. Adverse Party or Parties and Their Attorneys, If Known: Warren E. & Sarah Hanson.and Roger C. & Marilyn E. Evanson 4. Nature of Claim and Approximate Amount Involved: 5. Has Contingent Fee Been Proposed? 6. To Originating Attorney: a. Have you checked thoroughly for conflicts by calling the Vault-2852? x b. If found, have conflicts been resolved? Yes x No Not Applicable c. Can we get paid in full and in a timely fashion? d. Retainer requested or obtained? If so, how much? e. Name of billing attorney Tom Erickson f. Others on the file " - %.' - �, ciT 7. To Litigation Screening Partner: a. Is a litigator available? If so, who? twI b. Have we checked thoroughly for conflicts and resolved them if found? c. If existing client, is client in good standing with us? 4E Approved C.-�Rejected Assigned to: Date By Litigation Screening Partner CONTINGENT FEE CASE Approved: Partner Partner - Member o F1 T11t�r'i' ('nmr.�i t+-nr Our File No. 094802 — 00270 Court File No. Reg. No. 1 756794 Calendar No. PLEADINGS REGISTER FOR Warren E. & Sarah Hanson v. V. Roger C. Evanson & Marilyn E. Evanson CITY OF EDINA Pleading No. Description Personal Service Service by Mail Court File Date Sent Rec'd. Sent Rec'd. Mess. Mailed 1 Notice of Motion & Motion 10-18 79 2 Certificate of Non - Readiness 10-22 79 3 Proposed Order and Memorandum 10-22 79 4 Third Party Summons and Complaint 11-1 79 5 Admission of Service 11-1 79 6 Answer to Third Party Complaint 11-28- 79 11-28- 79 STATE OF MINNESOTA COUNTY OF HENNEPIN Warren E. Hanson and Sarah Hanson, Plaintiffs, VS. Roger C. Evanson and Marilyn E. Evanson, Defendants, VS. City of Edina, Third Party Defendant. r'1 1 DISTRICT COURT % Y FOURTH JUDICIAL DISTRICT ANSWER TO THIRD PARTY COMPLAINT The City of Edina, third party defendant in the above -captioned matter, for its Answer to the Third Party Complaint herein, admits, denies and alleges as follows: FIRST DEFENSE 1. Alleges that it is without knowledge or information sufficient to form a belief as to the truth of each and every allegation set forth in III of the Complaint. 2. Admits that the property described as "The South 148.E feet of the North 981.6 feet of the West 224 feet of the Southwest 1/4 of the Southwest 1/4 of Section 8, Township 116, Range 21" is situated in Hennepin County, Minnesota; admits that said property is adjacent to the south side of the property described as "The South 100 feet of the North 833 feet of the ',Vest 448 feet of the Southeast 1/4 of the Southwest 1/4, Section 8, Township 116, Range 21, West of the 5th Principal Meridian, except the West 33 feet thereof"; alleges that it is without knowledge or information sufficient to form a belief as to each and every other allegation set forth in 11 II of.the Complaint. 3. Admits that the plaintiffs had a right of way from their property over defendants' property to Marth Road; alleges that it is without knowledge or information sufficient to form a,belief as to the truth of each and every other allegation set forth in 1► III of the Complaint. 4. Admits that the City of Edina has as an interest in the above -referenced right of way under Minnesota Statute § 160.05. 5. Denies each and every allegation set forth in 1► V of the Complaint. 6. Denies each and every allegation set forth in 1► VI of the Complaint. SECOND DEFENSE 1.. Alleges that the claims of the third party TT set forth in the Complaint are barred by the doctrines of waiver and estoppel. THIRD DEFENSE 1. Alleges that the claims of the third party 1T set forth in the Complaint are barred by the doctrine of laches. WHEREFORE, Third Party Defendant prays: 1. That the property in dispute be adjudged dedicated pursuant to the provisions of Minnesota Statute § 160.05(1), and that the property in dispute be declared a public highway. 2. That both the plaintiffs and the defendants, and any other persons or entities, be enjoined from asserting any claims adverse to the public's title to the property in dispute. 3. That both the plaintiffs and the defendants, and any other persons or entities, be declared to have no estate, right, title, lien or other interest in or to the property in dispute. -2- 4. That the City of Edina be awarded its costs and attorney's fees. 5. That this Court grant such other relief as it deems equitable.' Dated: November 23, 1979 DORSEY, WINDHORST, HANNAFORD, WHITNEY & HA,LLAADAY L-0 XJohn H. Lindstrom 00 First National Bank Bldg. Minneapolis, Minnesota 55402 Telephone: 612-340-2989 Attorneys for Third Party Defendant City of Edina AFFIDAVIT OF MAILING STATE OF MINNESOTA) ss. COUNTY OF HENNEPIN) SUE PRAZAK, being first duly sworn, on oath deposes and states that on the 28th day of November 1979 , she did deposit in the United States mails an envelope properly sealed and with postage prepaid thereon, addressed to Trygve A. Egge, Esq. 2116 Second Avenue South Minneapolis, Minnesota .55404 the last known address of said addressee, in which envelope she had first placed a true and correct copy of.the attached Answer to Third Party Complaint. Subscribed and sworn to before me this day of 19 77-------------------------- KAYE M. MATOUSEK OTARY PUBLIC - MINNESOTA HENNEPIN COUNTY Commission Expires Nov. 11. 1983 ltrn�sfdON�OiMsr - STATE OF MINNESOTA COUNTY OF HENNEPIN Warren E. Hanson and Sarah Hanson, Plaintiffs, VS. Roger C. Evanson and Marilyn E. Evanson, Defendants, and Roger C. Evanson and Marilyn E. Evanson, Third Party Plaintiffs, VS. City of Edina Third Party Defendant. DISTRICT COURT FOURTH JUDICIAL DISTRICT ADMISSION OF SERVICE Due and proper service of a true, accurate and complete copy of the attached Third -Party Summons and Complaint in the matter of Roger C. Evanson and Marilyn E.-Evanson versus the City of/Eddiina is hereby admitted on its behalf by the undersigned this a�;Z day of .1979. i Thomas S. Erickson Attorney for City of Edina Dorsey Law Firm 2300 1st National Bank Building Minneapolis, Minnesota 55402 (612) 340-2600 STATE OF MI14NESOTA COUNTY OF HENNEPIN Warren E. Hanson and Sarah Hanson, Plaintiffs, VS. Roger C. Evanson and Marilyn E. Evanson, Defendants, VS. City of Edina, Third Party Defendant, DISTRICT COURT FOURTH JUDICIAL DISTRICT THIRD PARTY SUMMONS You are hereby summoned and required to serve upon Curtis E. Austin, plaintiffs attorney, whose address is 730 N.F'.C., 7900 Xerxes Avenue South, Bloomington, Minnesota 55431, and upon Trygve A. Egge, who is attorney for the defendants and third party plaintiff, and whose address is 2116 2nd Avenue South, Minneapolis, Minnesota 55404, an Answer to the Third Party Complaint, which is herewith served upon you, within twenty (20) days after the service of this Summons upon you exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the Third Party Complaint. There is also served upon you herewith, a copy of the Complaint of plaintiff, which you may answer. Trygve -,A-. Egge Attorney for Defendant and Third Party Plaintiff 2116 2nd Avenue South Minneapolis, Minnesota 55404 Telephone: (612) 871-6470 Dated: October 31, 1979 STATE OF MIN14ESOTA COUNTY OF HENNEPIN Warren E. Hanson and Sarah Hanson, Plaintiffs, VS. Roger C. Evanson and Marilyn E. Evanson, Defendants, VS. City of Edina, Third Party Defendant, - - - - - - - - - - - - - - - - DISTRICT COURT FOURTH JUDICIAL DISTRICT THIRD PARTY COMPLAINT Roger C. Evanson and Marilyn E. Evanson, defendants and Third Party Plaintiffs in the above matter, for their Third Party Complaint against Third Party Defendants, state and allege: I. That Plaintiffs, Warren E. and Sarah Hanson, have served upon Roger C. and Marilyn E. Evanson, a Complaint, a copy of which is hereto attached as Exhibit A. II. That at all times mentioned in Plaintiffs' Complaint, Defendants owned and still own that certain real property situated in the County of Hennepin, State of Minnesota, and described as follows: The South 148.6 feet of the North 981.6 feet of the West 224 feet of the Southeast 1/4 of the Southwest 1/4 of Section 8, Township 116, Range 21. Said property is adjacent to and abutts.the south side of the Plaintiffs' property described in his Complaint. III. That since completion of Shaugnessy Road up to the Plaintiffs' property, Plaintiffs had a right of way from their said property over Defendants' adjoining property to Marth Road r to pass and re -pass freely at all times on foot or with vehicle. The portion of Defendants' property subject to said right of way is described as follows: The South 148.6 feet of. the North 981.6 feet of the West 48 of the Southeast 1/4 of the Southwest 1/4 of Section 8, Township 116, Range 21 West. IV. That Third Party Defendant, the City of Edina, has a potential interest in the above described right of way under MSA 160.05. V. That Third Party Defendants', potential claim is without any right whatever, and Third .Party Defendant has no right, title, lien or interest in or to the property described above. IV. That Third Party Defendants potential claim or interest in said property constitutes a cloud on Defendants and, Third Party Plaintiffs' title to said property. WHEREFORE, Defendant and Third Party Plaintiff, prays: 1. That Third Party Defendants and all persons or entities claiming under them,.be required to set forth the nature of their claims to said real property; 2. That all adverse claims to said real property be determined by a decree of this court. . - 3. That said decree declare and adjudge that Defendant and Third Party Plaintiff owns in fee simple, and is entitled to the quiet and peaceful possession of, said real property; and that Third Party Defendants and all persons or entities claiming under them, have no estate, right, title, lien, or inter- est in or to said real property or any part thereof; 4. That said decree permanently enjoin Third Party Defendants and all persons or entities claiming under them, from asserting any adverse claim to defendant -third party plaintiffs' title to said.property. 5. For costs of this action; and 6. For such other and further relief as the court deems just and proper. Try§ve/A. Egge G Attorney for Defendants and Third Party Plaintiffs 2116 2nd Avenue South Minneapolis, Minnesota 55404 Telephone: (612) 871-6470 Dated: October 31, 1979 4. STATE OF MINNESOTA ' DISTRICT COURT, COUNTY -OF HENNEPIN FOURTH JUDICIAL DISTRICT -------------------------- Warren E. Hanson and Sarah L. Hanson, Plaintiffs, COMPLAINT vs. Court File No. Roger C. Evanson and Marilyn Evanson, Defendants. ------- -------------------- comes now the.,Plaintiffs for their cause of action state and allege as followas That the Plaintiffs.are owners of property which is located at 7713 Marth Road,.Edina,-Minnesota, legally described as: The South 100 feet.of the North 833.feet of the West -448 feet of the 'Southeast 1/4 of the- Southwest 1/4, Section 8, Township •116, Range 21, West of the Sth Principal Meridian, except the West 33 feet thereof. That said Plaintiff, Warren E..Hanson, has been the owner in fee of said property for approximately thirty (30) years, and Plaintiff, Sarah L. Hanson, .has had an interest in said property for over twenty-five (25) years. III.• That the Defendants are owners of property which is located at 7717 Marth Rodd, Edina, Minnesota, legally described as: The South- 149 -6 feet of the North 981.6 feet of the West 224 feet of the Southeast 1/4 of the Southwest 1/4, Section 8,•Township 116, Range 21. IV. That Plaintiffs have used property legally described ass The south 148.6 feet of the North 981.6.feet of the West 48 feet of the Southeast 1/4 of the Southwest 1/4 of Section 8, Township 116N, Range 21W, , for the purposes of an ingress and egress to the property for a.period of twenty-eight (28) years. That such use of the property has been -open, continuous,.hostile, and adverse to the rights of the fee owners of the.property. V. - That the City of Edina has maintained Marth Road and the above -described improved portion for a period of over fifteen (15) years and continue to maintain said road, including snow removal. V.I. - That the continued, open,- hostile, and adverse use of the road by the Plaintiffs for twenty-eight (28) years grants to the Plaintiffs a prescriptive easement over and across the property of the Defendants. VIZ That attached hereto and wade a part hereof is a partial plat of said property with the property of the Plaintiffs being the area contained within -A, and the property of the Defendants being the area contained within -Bo That the Defendants have -advised the Plaintiffs of their intent to close the access of such roadway to the property of the Plaintiffs outright, and have constructed a fence on said property restricting the use thereof. WHEREFORE, Plaintiffs pray an Order granting a prescriptive easement granting -a right-of-way for roadway purposes over the land legally described as: The South 148.6 feet of the Worth 981.6 feet of the West 48 feet of the Southeast 1/4 of the Southwest 1/4 of Section 8, Townshtp 116N. Range 21W, Hennepin County, Minnesota. Curtis E. Austin Attorney for Plaintiffs 7,30 N. F. C. 7800 Xerxes Avenue South Bloomington, Minnesota 55431 Telephona: (612) 835-7166 R TRYGVE A. EGGE ATTORNEY AT LAW RECEIVEU ACT 22 1979 October 19, 1979 Mr. Curtis E. Austin Attorney at Law Northwestern Financial Center Suite 730 7900 Xerxes Avenue South Minneapolis, Minnesota 55431 Re: Evanson v. Hanson My File: 2201 Dear Mr. Austin: MERRILL HOUSE 2116 2nd Avenue South Mpls., MN 55404 (612) 871-6470 Enclosed and served upon you by U. S. Mail is a Certificate of Non -Readiness. Also enclosed is my Proposed Order and Memorandum. Please advise, if you will stipulate to the entry of a Counter- claim, and Third Party Complaint. You earlier stated that you would stipulate to amendment of my pleadings for a counterclaim. Please advise. Sincer.e1 y, Tryove i.._4gge. Attorney at Law TAE/cp Enclosures cc: Roger and Marilyn Evanson Mr. Thomas S. Erickson ,/ STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT Warren E. Hanson and Sarah Hanson, Plaintiffs, ORDER VS. District Court File No. 756794 Roger C. Evanson and Marilyn E. Evanson, Defendants. - - - - - - - - - - - - - - - - That on October 301 1979, at 9:30 a.m., defendants, through their attorney, Trygve A. Egge, appeared before the Special Term Court. Curtis Austin, attorney for plaintiffs, did (not) appear. That the Court having reviewed the file and being advised on the premises hereby orders: 1. That Defendants may serve upon plaintiffs a Counterclaim. 2. That Defendants may serve a Third Party Summons and Complaint. IT IS SO ORDERED. J Dated: Judge of District Court STATE OF MINNESOTA COUNTY OF HENNEPIN Warren E. Hanson and Sarah Hanson, Plaintiffs, VS. Roger C. Evanson and Marilyn E. Evanson, Defendants. ISSUES: I. DISTRICT COURT FOURTH JUDICIAL DISTRICT MEMORANDUM OF DEFENDANTS District Court File No. 756794 Whether Defendants may upon Motion to the Court enter and serve a Counterclaim. ANS: YES II. Whether Defendants may upon Motion to the Court be granted leave to serve a Third Party Complaint. ANS: YES FACTS: Plaintiffs are suing to obtain a declaratory judgment for an easement by adverse use. Defendants contend no adverse use exists. Further, defendants assert that any use was due to a necessity of way, extinguished by a new access to Plaintiffs' property. Now Plaintiffs assert informally that a certain statute M.S. §160.05 creates a public easement. In order to counter such a claim, Defendants feel compelled to quiet title as to the issues of ease- ments. In order to bring in all known interested or potentially interested parties, a Third Party Complaint is necessary. DISCUSSION: ISSUE I. Rule 13 M.R.C.P. provides for a counterclaim when it arises out of the transaction. MRCP 13.01. Rule 13.05 MRCP provides.: "A claim which either matured or was acquired by the pleader after serving his pleading may, with the permission of the court, be presented as a counterclaim." Rule 13.06 MRCP provides: "When a pleader fails to set up a counterclaim through oversight, inadvertence, or excusable neglect, or when justice requires, he may by leave of court set up the counterclaim by amendment." Here the action asserted by the plaintiff in the first instance, has been met on the merits in a prior order of the District Court dated June 13, 1979. However, the plaintiff has informally as- serted issues which require, the effect, a counterclaim by defen- dants to quiet title. It is in the interests of all parties and the Court to have all issues relating to the property resolved in one hearing. ISSUE II. Rule 14.01 MRCP states: "Within 45 days after service of the summons upon him, and thereafter by leave of court granted on motion upon notice to all parties to the action, a defendant as a third -party plaintiff may serve a summons and complaint, together with a copy of plaintiff's complaint, upon a person, whether or not he is a party to the action,..." "The purpose for impleading a third -party defendant is to eliminate multiplicity of actions by bringing into the pending litigation all litigants having an interest in the total proceeding and to dispose of the entire matter without the expense and time involved in many separate lawsuits. Since the purpose is to eliminate multiplicity of claims, courts should be liberal in permitting impleader and should be reluctant to order separate trials of the third -party actions except in the clearest of situations where prejudice will out - weight the desireability of a single trial." MN Prac. Hetlund and Adamson, Vol. 1, page 508. CONCLUSION: The Motion for leave to: 1. Enter and serve a Counterclaim. 2. Enter and serve a Third Party Summons and Complaint. should be granted. Trygve A. Eggfe Attorney for Defendants 2116 2nd Avenue South Minneapolis, Minnesota 55404 Telephone: (612) 871-6470 STATE OF MINNESOTA COUNTY OF HENNEPIN Warren E. Hanson and Sarah Hanson, Plaintiff(s), VS. Roger C. Evanson and Marilyn E. Evanson, Defendant(s). IN DISTRICT COURT FOURTH JUDICIAL DISTRICT CERTIFICATE OF NON -READINESS District Court File # 756794 The undersigned hereby certifies.to the Court that: 1. This case is not ready for trial for the following enumerated reasons: A. A Motion is pending regarding entry of: t. 1. Counterclaim 2. Third Party Summons and Complaint 2. Sufficient time shall have elapsed by the 15th day of January , 1980 , to give the undersigned reasonable opportunity to complete all necessary actions or procedures and this matter shall be ready for trial by said date. 3. A copy of this Certificate has been mailed or delivered to Counsel for each adverse party. Dated: October 19, 1979 To: Attorneys' for: Address: By:Trygve A. Egge Attorneys for: Defendants Address: 2116 2nd Ave. So. Minneapolis, MN 55404 To: Curtis A. Austin Attorneys for: Plaintiffs Address: 7900 Xerxes Ave. So., Suite 730 Minneapolis, PAIN 55431 , !" .0 TRYGVE A. EGGE ATTORNEY AT LAW October 17, 1979 Mr. Curtis E. Austin Attorney at Law Northwestern Financial Center Suite 730 7900 Xerxes Avenue South Minneapolis, Minnesota 55431 Re: Evanson v. Hanson My File: 2201 Dear Mr. Austin: RECEI)IEu OCT MERRILL HOUSE 2116 2nd Avenue South Mpls., MN 55404 (612) 871-6470 Enclosed and herewith served upon you by U. S. Mail is a Notice of Motion and Motion with Exhibits. Sin cer , T yg A. gg Attorney at Law TAE/cp Enclosures cc: Roger and Marilyn Evanson Mr. Thomas S. Erickson STATE OF MINNESOTA COUNTY OF HENNEPIN Warren E. Hanson and Sarah Hanson, Plaintiffs, VS. Roger C. Evanson and Marilyn E. Evanson, Defendants, VS. City of Edina Third Party Defendant, DISTRICT COURT FOURTH JUDICIAL DISTRICT NOTICE OF MOTION AND MOTION TO: Warren E. Hanson and Sarah Hanson, Plaintiffs, and their attorney Curtis Austin. Defendant moves at 9:30 a.m., on the 30th day of October, 1979, before the Special Term for leave to: 1. Enter a Counterclaim, as set forth in Exhibit A, attached. 2. Make the City of Edina, a party to this action and that there be served upon it a Summons and Third Party Complaint, as set forth in Exhibit B, attached hereto. may= Trygve"A. Egge Attorney for Defendants 2116 2nd Avenue South Minneapolis, Minnesota 55404 Dated: October , 1979. Telephone: (612).871-6470 r I a EXHIBIT A STATE OF MINNESOTA COUNTY OF HENNEPIN Warren E. Hanson and Sarah Hanson, Plaintiffs, VS. Roger C. Evanson and Marilyn E. Evanson, Defendants. DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTERCLAIM Roger C. Evanson and Marilyn E. Evanson, defendants in the above matter, for their Counterclaim against the plaintiffs, state and allege; I. That at all times mentioned in Plaintiffs' Complaint, Defendants owned and still own that certain real property situated in the County of Hennepin, State of Minnesota, and described as follows: The South 148.6 feet of the North 981.6 feet of the West 224 feet of the Southeast 1/4 of the Southwest 1/4 of Section 8, Township 116, Range 21. Said property is adjacent to and abutts the south side of the Plaintiffs' property described in his Complaint. II. That since completion of Shaugnessy Road up to the Plaintiffs' property, Plaintiffs had a right of way from their said property over Defendants' adjoining property to Marth Road to pass and re -pass freely at all times on foot or with vehicle. The portion of Defendants' property subject to said right of way is described as follows: The South 148.6 feet of the North 981.6 feet of the West 48 of the Southeast 1/4 of the Southwest 1/4 of Section 8,,Township 116, Range 21 West. WHEREFORE, Roger C. Evanson and Marilyn E. Evanson demand judgment: 1. Declaring that the property described in Plaintiffs' Complaint is no longer subject to a right of way by the Plaintiffs. 2. Declaring the property in question is vested in fee simple in Roger C. Evanson and Marilyn E. Evanson and no other person, entity or public or private body has any interest or claim of tight in the use or enjoyment thereof. .4 Trygy-b -A. Egge," Attorney for Defendants 2116 2nd Avenue South Minneapolis, Minnesota 55404 Telephone: (612) 871-6470 Dated: October 1979 EXHIBIT B STATE OF MINNESOTA COUNTY OF HENNEPIN Warren E. Hanson and Sarah Hanson, Plaintiffs, VS. Roger C. Evanson and Marilyn E. Evanson, Defendants, VS. City of Edina, Third Party Defendant, DISTRICT COURT FOURTH JUDICIAL DISTRICT THIRD PARTY SUMMONS You are hereby summoned and required to serve upon Curtis E. Austin, plaintiffs attorney, whose address is 730 N.F.C., 7900 Xerxes Avenue South, Bloomington, Minnesota 55431, and upon Trygve A. Egge, who is attorney for the defendants and third party plaintiff, and whose address is 2116 2nd Avenue South, Minneapolis, Minnesota 55404, an Answer to the Third Party Complaint, which is herewith served upon you, within twenty (20) days after the service of this Summons upon you ' exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the Third Party Complaint. There is also served upon you herewith, a copy of the Complaint of plaintiff, which you may answer. Tryg a JA'. Egge Attorney for Defendant and Third Party Plaintiff 2116 2nd Avenue South Minneapolis, Minnesota 55404 Telephone: (612) 871-6470 Dated: October - i- 1979 EXHIBIT B STATE OF MIN14ESOTA DISTRICT COURT COUNTY OF HENNEPIN Warren E. Hanson and Sarah Hanson, Plaintiffs, VS. Roger C. Evanson and Marilyn E. Evanson, Defendants, VS. City of Edina, Third Party Defendant, FOURTH JUDICIAL DI,STRICT THIRD PARTY COMPLAINT Roger C. Evanson and Marilyn E. Evanson, defendants and Third Party Plaintiffs in the above matter, for their Third Party Complaint. -.against Third Party Defendants, state and allege: I. That Plaintiffs, Warren E. and Sarah Hanson, have served upon Roger C. and Marilyn E. Evanson, a Complaint, a copy of which is hereto attached as Exhibit A. II. That at all times mentioned in Plaintiffs' Complaint, Defendants owned and still own that certain real property situated in the County of Hennepin, State of Minnesota, and q described as follows: The South 148.6 feet of the North 981.6 feet of the West 224 feet of the Southeast 1/4 of the Southwest 1/4 of Section 8, Township 116, Range 21. Said property is adjacent to and abutts.the south side of the Plaintiffs' property described in his Complaint. That since completion of Shaugnessy Road up to the Plaintiffs' property, Plaintiffs had a right of way from their said property over Defendants' adjoining property to Marth Road to pass and re -pass freely at all times on foot or with vehicle. The portion of Defendants' property subject to said right of way is described as follows: The South 148.6 feet of. the North 981.6 feet of the West 48 of the Southeast 1/4 of the Southwest 1/4 of Section 8, Township 116, Range 21 West. IV. That Third Party Defendant, the City of Edina, has a potential interest in the above described right of way under MSA 160.05. V. That Third Party Defendants', potential claim is without any right whatever, and Third.Party Defendant has no right, title, lien or interest in or to the property described above. IV. That Third Party Defendants potential claim or interest in said property constitutes a cloud on Defendants and Third Party Plaintiffs' title to said property. WHEREFORE, Defendant and Third Party Plaintiff, prays: 1. That Third Party Defendants and all persons -.or entities claiming under them,.be required to set forth the nature of their claims to said real property; 2. That all adverse claims to said real property be determined by a decree of this court. 3. That said decree declare and adjudge that Defendant and Third Party Plaintiff owns in fee simple, and is entitled to the quiet and peaceful possession of, said real property; and that Third Party Defendants and all persons or entities claiming under them, have no estate, right, title, lien, or inter- est in or to said real property or any part thereof; 4. That said decree permanently enjoin Third Party - Defendants and all persons or entities claiming under them, from asserting any adverse claim to defendant -third party plaintiffs' title to said.property. 5. For costs of this action; and 6. For such other and further relief as the court deems just and proper. Trygve/A. Egge Attorney for Defendants and Third Party Plaintiffs 2116 2nd Avenue South Minneapolis, Minnesota 55404 Telephone: (612) 871-6470 Dated: October 1979 . A ; eji ii J . el . ..... .... .721 -A STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT ---------------------------------------------------------------- Warren E. Hanson and Sarah Hanson, Plaintiffs, VS. Roger C. Evanson and Marilyn E. Evanson, Defendants, and STIPULATION OF DISMISSAL WITHOUT PREJUDICE Roger C. Evanson and Marilyn E. Evanson, VS. City of Edina, Third -Party Plaintifffs, Third -Party Defendant. The above -entitled matter, having been fully settled and compromised, it is now therefore mutually stipulated and agreed between the parties to the above -entitled action, through their attorneys of record, as follows: 1. That the above -entitled action be, and the same hereby is, dismissed without prejudice as to the claims against the Third -Party Defendant herein. 2. That a suitable Order for Judgment and Dismissal and Judgment of Dismissal may be entered herein in accordance with the form herein stated.. 3. That notice of entry of Judgment is expressly waived and the Judgment may be entered without further notice to any party hereto. Dat this day of June, 1980. 7 ry e A. Eg4e John H. Lindstrom Attorney for Evansons Atty. for City of Edina 2116 2nd Avenue South Dorsey Law Firm Mpls., MN 55404 2300 First National Bank Bldg. Minneapolis, MN 55402 STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT ---------------------------------------------------------------- Warren E. Hanson and Sarah Hanson, VS. Roger C. Evanson and Marilyn E. Evanson, Plaintiffs, Defendants, and STIPULATION OF DISMISSAL WITHOUT PREJUDICE Roger C. Evanson and Marilyn E. Evanson, VS. City of Edina, Third -Party Plaintifffs, Third -Party Defendant. The above -entitled matter, having been fully settled and compromised, it is now therefore mutually stipulated and agreed between the parties to the above -entitled action, through their attorneys of record, as follows: 1. That the above -entitled action be, and the same hereby is, dismissed without prejudice as to the claims against the Third -Party Defendant herein. 2. That a suitable Order for Judgment and Dismissal and Judgment of Dismissal may be entered herein in accordance with the form herein stated. 3. That notice of entry of Judgment is expressly waived and the Judgment may be entered without further notice to any party hereto. ed this day of June, 1980. ,l T gve-A. Eg John H. Lindstrom Attorney for vansons Atty. for City of Edina 2116 2nd Avenue South' Dorsey Law Firm Mpls., MN 55404 2300 First National Bank Bldg. Minneapolis, MN 55402 i STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT ---------------------------------------------------------------- Warren E. Hanson and Sarah Hanson, Plaintiffs, VS. Roger C. Evanson and Marilyn E. Evanson, Defendants, and STIPULATION OF DISMISSAL WITHOUT/PREJUDICE Roger C. Evanson and Marilyn E. Evanson, VS. City of Edina, Third -Party Plaintifffs, Third -Party Defendant. The above -entitled matter, having been fully settled and compromised, it is now therefore mutually stipulated and agreed between the parties to the above -entitled action, through their attorneys of record, as follows: 1. That the above -entitled action be, and the same hereby is, dismissed without prejudice as to the claims against the Third -Party Defendant herein. 2. That a suitable Order for Judgment and Dismissal and Judgment of Dismissal may be entered herein in accordance with the form herein stated. 3. That notice of entry of Judgment is expressly waived and the Judgment may be entered without further notice to any party hereto. Dat!�this day of June, 1980. T y A. gge John H. Lindstrom Attorney for Evansons Atty. for City of Edina 2116 2nd Avenue South Dorsey Law Firm Mpls., MN 55404 2300 First National Bank Bldg. Minneapolis, MN 55402 B STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT Warren E. Hanson and Sarah Hanson, V. Roger C. Evanson and Marilyn E. Evanson, Plaintiffs, Defendants, and STIPULATION OF DISMISSAL WITH PREJUDICE Roger C. Evanson and Marilyn E. Evanson, City of Edina, Third -Party Plaintiffs, Third -Party Defendant. The above -entitled matter, having been fully settled and compromised, it is now therefore mutually stipulated and agreed between the parties to the above -entitled action, through their attorneys of record, as follows: 1. That the above -entitled action be, and the same hereby is, dismissed with prejudice as to the claims against the Third -Party Defendant herein. 2. That a suitable Order for Judgment and Dismissal and Judgment of Dismissal may be entered herein in accordance with the form herein stated. 3. That notice of entry of Judgment is expressly waived and the Judgment may be entered without further notice to any party hereto. Dated this day of June, 1980. Trygve A. Egge John H. Lindstr m Attorney for Evansons Atty. for City of Edina l 2116 2nd Avenue South Dorsey Law Firm Minneapolis, MN 55404 2300 First National Bank Bldg.. Minneapolis, MN 55402 STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN Warren E. Hanson and Sarah Hanson, kt� Roger C. Evanson and Marilyn E. Evanson, and Roger C. Evanson and Marilyn E. Evanson, v. City of Edina, Plaintiffs, Defendants, FOURTH JUDICIAL DISTRICT STIPULATION OF DISMISSAL . WITH PREJUDICE Third -Party Plaintiffs, Third -Party Defendant. The above -entitled matter, having been fully settled and compromised,'it is now therefore mutually stipulated and agreed between the parties to the above -entitled action, through their attorneys of record, as follows: 1. That the above -entitled action be, and the same hereby is, dismissed with prejudice as to the claims against the Third -Party Defendant herein. 2. That a suitable Order for Judgment and Dismissal and Judgment of Dismissal may be entered herein in accordance with the form herein stated. 3. That notice of entry of Judgment is expressly waived and the Judgment may be entered without further notice to any party hereto. Dated this day of June, 1980. / v Trygve A. Egge John H. Li.ndstr m may. Attorney for Evansons Atty. for City of Edina ` 2116 2nd Avenue South Dorsey Law Firm Minneapolis, MN 55404 2300 First National Bank Bldg. Minneapolis, MN 55402 RELEASE This Release is made by Warren E. Hanson and Sarah Hanson, and is binding on their heirs, successors, assigns, and anyone claiming by or through them. This Release is given for the benefit of the City of Edina, Minnesota and all of its successors and assigns. Warren E. Hanson and Sarah Hanson do hereby release the City of Edina from any liability and claims which were made, or which could have been made in the action entitled Warren E. Hanson and Sarah Hanson v. Roger C. Evanson and Marilyn Evanson, v. City of Edina brought in Hennepin County District Court, Fourth Judicial District, and concerning the property more particularly described as follows: The South 148.6 feet of the North 981.6 feet of the West 224 feet of the Southeast 1/4 of the Southwest 1/4 of Section 8, Township 116, Range 21; and The South 100 feet of the North 833 feet of the West 448 feet of the Southeast 1/4 of the Southwest 1/4, Section 8, Township 116, Range 21, West of the 5th Principal Meridian, except the West 33 feet thereof. IN WITNESS WHEREOF, the undersigned have executed these is presents this / ' day of 1980. a 4 A z,— � _. Warren E. Hanson Sa ah Hanson Subscribed and sworn to before me this day of 1980. Notary Public " CURTIS E. AUSTIN A �,Y • HENrv�ru'v Ur Tt �. NOTA{ty ru,y1- MY COMMISSION EX --' AUO. B. 19651 RELEASE This Release is made by Warren E. Hanson and Sarah Hanson, and is binding on their heirs, successors, assigns, and anyone claiming by or through them. This Release is given for the benefit of the City of Edina, Minnesota and all of its successors and assigns. Warren E. Hanson and Sarah Hanson do hereby release the City of Edina from any liability and claims which were made, or which could have been made in the action entitled Warren E. Hanson and Sarah Hanson v..Roger C. Evanson and Marilyn Evanson, v. City of Edina brought in Hennepin County District Court, Fourth Judicial District, and concerning the property more particularly described as follows: The South 148.6 feet of the North 981.6 feet of the West 224 feet of the Southeast 1/4 of the Southwest 1/4 of Section 8, Township 116, Range 21; and The South 100 feet of the North 833 feet of the West 448 feet of the Southeast 1/4 of the Southwest 1/4, Section 8, Township 116, Range 21, West of the 5th Principal Meridian, except the West 33 feet thereof. IN WITNESS WHEREOF, the undersigned have executed these presents this day of Subscribed and sworn to before me this day of Notary Public , 1980. Warren E. Hanson Sarah Hanson . 1980. RELEASE This Release is made by Roger C. Evanson and Marilyn Evanson, and is binding on their heirs, successors, assigns, and anyone claiming by or through them. This Release is given for the benefit of the City of Edina, Minnesota and all of its successors and assigns. Roger C. Evanson and Marilyn Evanson do hereby release the City of Edina from any liability and claims which were made, or which could have been made in the action entitled Warren E. Hanson and Sarah Hanson v. Roger C. Evanson and Marilyn Evanson, v. City of Edina brought in Hennepin County District Court, Fourth Judicial District, and concerning the property more particularly described as follows: The South 148.6 feet of the North 981.6 feet of the West 224 feet of the Southeast 1/4 of the Southwest 1/4 of Section 8, Township 116, Range 21; and The South 100 feet of the North 883 feet of the West 448 feet of the Southeast 1/4 of the Southwest 1/4, Section 8, Township 116, Range 21, West of the 5th Principal Meridian, excapt the West 33 feet thereof. IN WITNESS WHEREOF, the undersigned have executed these presents this day of , 1980. Subscribed and sworn to before me this day of Notary Public . 1980. Roger C. Evanson Marilyn Evanson `1 0 f $ "► N r _ jT RA - O. +... 4 r woe ►'� �M~ 2 49'40" •"� =v- ,;',.�� w , too 137.4- Ne9V9'46".r SS 4 96 .5714 oy �05 ;2 BRAEMAR •° rohA y 69°44 300.05 44 t5 < y at o Q/ " . SO to32� ` '0 375 4 3 6RAEMAR HtLI S s �- 49�8 HILLS a <m Ir 4 P _ 9. d x S�34912E1 �' Z t 11 T 8 a esf, 260.7t Y s r 8iH' "Aoo.s';S2zsE ° 733. IPA e 3sr�� W 4015 OcF i� /�' av cvii b0 A!�bc�'4�448Nr9*49'40•5 SO°5457E o ^� °o ZZ 13 1431 ?oil, 19 3 ! t to 4i- s6 D J� Q f P :� .. 4 i5 )4 , ua AD o - .. � ,rho•. D. .. f 238.ot .-: � - o �'• __ \ �- __._ �O .• N 6%.�•. i 0 9,56• ;-W 0� _ P Fn �z. DUT(pt nt , w cn _ - 4'� - .J •� -. � .. W ,. ` l i .. - `.-•--Z-•.— tip - _ � 4,. 0 . 4 30 S6 3 a - 3 .° y , - Q e � c ors s0- o"r; p:1f51ZZM ° 40 30 13Z - 48 ay�lea 735 t35� 30 35o.1b N69 P 20 F o tt684 0 iL� ~ ' �9, O c�` S B9'Sb •37 "WZp§.98 o i; � v ; v 8 � v' .�hi: G .�r. ter_ • ...---- -r3 v 1. i _- !r __ _ __- -;i - k4 le S-P/U/rd III � -a-- r>--T' �_-a-, nd -- -.I S =2-7 DORSEY, MARQUART, WLNDHORST, WEST 8L HALLADAY DONAID WEST J IIE"labs 2300 FIRST NATIONAL BANK BUILDING FAITH L OMMAN f. JOHN S ' DAVID A PAMMEIM JO.MSA G.C; SIROUART JO'+N r wIMO+CRST M(NRT MALLAD.Y ROBERT0. FLO ROBERT 0, iLOtTEN JOMN 0 LEVINE M I N N E A P O L I S, MINNESOTA S S 4 0 2 ROBEQT J SILVERMAN JULE Al MAN 10PO ROBERT J STRUYR - WILLIAM R. MIBBS 0. ARTMUR B. _TMCY MICHAEL A OLSON HILLJOP BOCL PNILIP P. BO[LTCR RUSSELL W LINOGUIST LARRY W JOHNSON (612) 340-2600 - - WILLIAM B PAYNE DAYIO R, SPINA NO4ACE "ITEM TMOMAS S MAY O. LARRY GRIFFITH CABLE: DOROW JAN STUD RMANS vIPO1L N. HILL CRND A. eeER TELEX• 29-0605 0.A SCMMARTZBAUER $TEVEN KCMAMPUN P092Ri V TAR R0PERTJ-JDNNSON DAVID L MCCUSKCV TMOMAS 0 POE TELEC0PIER:(612) 340-2666 DAVID M FRONEN N 0 MASSELOUIST JAMES M D`MAGAN TMOMAS W. TINANAN JOM F TUrTLC PETER CORSEY CCCPOE ? FLAM"M JOMN M MASON MICHAEL W WRIGHT 1466 W-FIRST NATIONAL BANK BUILDING ROBERT A HEIBERG CURTIS LPot LARRY LVICARET - ST. PAUL. MINNESOTA SSIOI ARTLE [MCI -L RAO" M:CMACJ ADNCR ARTHUR E. WEISBERG LOPEN R RNOfT (612) 227-6017 PAU R STIS GUAMC C. JOSEPM PMILLIP 11 MARTIN CUR L L STINPEER JAME9 B. \'ESS EI RECSC C JOM.SOR MICHAEL TRUCARDCANO WILLIAM A w r..3CR CHARLES J MAJE.BTEIN - JONAT14AN VILLAGE CENTER WILLIAM J PEPPEL _J. SCMWARTIBAJER CHARLES A GEER CHASKA. MINN ESOTA 55318 JAI -IS A FLATHOMAOER N.eRc'+M JOMNC IWAAAIAM (612) 446-4012 WILLIAM A JOMNSTONE C()0.E D MAMONIY JOMN R. WICAS WILLIAM E BOWEN THOMEIJUS TNOMAS S. ERICASON EUGENE L, JOHNSON WILLIAM P LUTMER WLLIAM C. BABCOCR JOMN W WIMCNOPST• JR. DOUGLAS 0. MCF NICMAEL E BRESS MICHAEL PRICMARO IIS THIRD STREET SOUTHWEST .)AND DAVID LBOEMM,' RAIMONO A,REISTER WILLIAM R. SOrM ROCHESTER, MINNESOTA SS901 ALA. D I LILAND JONN J. TAYLOR TMOMAS R MANTNEY (507) 266-3156 LAIRE.CE R. OLIVER BERNARD G. "11.2EN RICHARD 0 SWANSON FRANA 0.VOIOT Mr. Robert C. Dunn Edina City Engineer 4801 West 50th Street Edina, Minnesota 55424. Re: WILLIAM E MARi1M WILLIAM M- MI.PCE.JR. STEPHEN C. SMANN POSERT A BURMS TONI A BEITE MICHEL A LAFONO BRADFORD L FER¢uSON ROGER J-MAGNUSON J. ROBERT W98S JAY CODA STANLEY REIM CHARLES L POTUINIM VERLAME L ENCORF DENNIS BUaATTI GEOROGNN BECHER ROBERT ROBBINS BMRY•0 GLAZER PETER MENCRUSON MICMY MAY IRVING WEISER STEPMEN GOTTSCHALK TMOMAS ELRIMS Or COUNSEL DAVID E. BRONSOM LEAVITT R. SAR.ER GEORGE E ANOERSON ROBERT LVAA.FOSSEN P I Pit rip IL Dear Bob: The City is claiming a road easement for the east frontage road of Highway 169-212 from Link Road north. A portion of that frontage road ♦L' was obtained by recorded easement. However, an additional portion, crossing U I. over land now owned, as I recall, by Watson Construction Company,. was obtained by maintenance and public use for six years pursuant to Minnesota Statute 9160.05. That statute provides that if maintained and -used for six years, A public road results having a width of 66 feet, being 33 feet on either side of the maintained centerline. However, a recent Minnesota case, Barfnecht, et al. v. Town Board of Hollywood (Minn. Sup. Ct., July 22, 1975), held that a dedication by public use, the language of the statute to the contrary not- withstanding, cannot constitutionally exceed the amount of roadway actually used. The court interpreted "used area".so as to include shoulders and ditches that are needed and have actually been used to support and maintain the traveled portion of the roadway. Therefore, the portion of the east frontage road that is claimed by maintenance and usage can be claimed only to the extent of its actual use, not to the extent of 66 feet as stated in . the statute. September 17, 1975 Street Improvement No. BA-100 If you have any questions concerning this opinion or its application in any given circumstance, please advise. Very truly yours, TSE/abc Thomas S. Erickson cc: ir. J. N. Dalen . Mr. Warren C. Hyde c ;e C � f ,=► .�E. ,:,�\1, 0 MEMO TO: FILE FROM: T. S. Erickson DATE: October 31, 1978 RE: Edina re Marth Road Easements, October 1975 On October 30, 1978, I spoke with Fran Hoffman. He advised me that the City Building Department had, on Friday, October 27, 1978, issued a building permit to Evenson, who intends to build a garage on Parcel 4230, just at the north end of the existing dedicated Marth Road off 78th Street, in Edina. This garage, according to Hoffman, would be upon the northerly extension of Marth Road that the City has been maintaining and claims to be a public road by virtue of Minn. Stat. §160.05. I advised Hoffman to call Evenson and tell him that the permit was issued by mistake and is being rescinded and to follow that up with a letter by certified mail, return receipt requested. Rescission is on the theory that the permit was issued under a mistake, the mistake being that the permit would allow construction of a garage upon a public road and therefore should not have been given. I further advised Hoffman of the case involving the Town Board of Holl wood handed down by the Minnesota Supreme Court on July 2975, which held that a dedication by public use under Minn. Stat. §160.05 was valid only to the extent that the public had actually maintained a roadway and could not exceed in width the "used area" and that the phrase "used area" included ditches and shoulders that were needed and had actually been used to sup- port and maintain the traveled portion of the road. Fran was going to follow up and make the necessary call and write the necessary letter. TSE/abc DONA qgE 4801 WEST 50TH STREET. EDINA. MINNESOTA 55424 RECEIVED 612.927-8861 November 8, 1978 NOV 10 1978 Mr. Curt Austin Attorney at Law 7900 Xerxes Avenue South Minneapolis, MN 55444 RE: Warren Hansen Subdivision Dear Curt: As you know, the.subject subdivision was continued at the last Planning Commission meeting in order to review the Marth Court access problem. Since that time we received a revised subdivision plan which shows the proposed lot which contains Hansen's huuse accessing easterly to Shaughnessey Road. by way of a neck lot.. Based upon past Planning Commission and Council actions on such lot arrangements, I am quite certain that this subdivision plan would not be approved. . .Also since the last meeting, we have received a building permit application from the property owner immediately to .the south of the Hansen property. This application proposed the construction of a detached garage on the westerly extreme of the property. This construction would effectively preclude Hansen's access to Marth Court. We have withheld approval of this permit pending resolution of -the Marth Court problem. Due to the above referenced permit application, I believe that a resolution to the Marth Court problem must be pursued.immediateiy. In that.the Marth Court extension would be of limited public value, we believe that it is your client's obligation to.secure this right of way. In the past, the Council has agreed to assist in such acquisitions, but has maintained that the property owner must bear all cost associated with t e acquisition.- In any event, I am convinced that acquisition of this. access is necessary in order to secure approval of the proposed subdivision. Please review this matter and advise me of your thoughts. Obviously, we are quite concerned with our ability to indefinitely withhold the building permit for the garage to the south. Sincerely, Gordon L. Hughes Director of Planning Edina Planning Department cc: /r. Thomas S. Erickson Mr. Kenneth Rosland S - 2- 7 HORSEY, MARQUART, WINDHORST, WEST $_ HALLADAY "LL`MJMe"'EL 2300 FIRST NATIONAL BANK BUILDING FAITH LONMAN \LLIAMEMARTIN JDw.4 S .HB95 DAVID A RANHEIM W!LIIAM H. HIPPELJR. ►n•:-C�ST P19SRT 0. FLOT7EN ROwERT J. S14VERMAM STEPMEN G. SHANII JOHN 0 LEVINE M I N N E A P O L I S, MINNESOTA 55402 WILLU n R. w1965 PDUR1 A BURNS J.L= r a.v:OPO R09EPT J STP'jTN - JOHN O. KIR9T 70N1 A BEITE - A=-' 5 MICMAEL A CLSOn - i.:PALTER A. ' P� .'_�bu!ST LARRTr J04N50" - - - (612) 340-2600 .-. - WILLIP PANS DRAW RD LFED N +� R a-- TNOMAS S MAT - CABLE' DOROW JAN Sr L- JAI! STUL'RMANS _ ROGER J. A NUSON J. SSON G. LARRT GR-FFITM - - MART J. ROB HIB NIBBS JAY V� VAIG A 6SCN TELEX: 29-0605 - STEV- MPLIN STC�En ACHAMPUn JAY COON COOT FS9E^. T '+?S1t CA'nD L M:CUSKET - TELEGO PIER:(612) 340-2868. DAVID N. FROMEN STANLET REIN - - _ J —50M TMCMAS 0 MOE - TMCMAS W. TINKMAM CHARLEE L S-a.B.F_Z :ST NTTI­ JAM ES M ONA„AN - JON F T•JTTLE EhOORFIN VERUNC L CNOORF Tx _� J�=:c J:N.r M MA50v 1468 W-FIRST NATIONAL BANK BUILDING - AHEyERG aMN _ . 'GE_1 - ..ae�if r'/_Y MdMAE: W'+P•GMT ST. PAUL•MINNESOTA 55I01 ENEERT ENE- BAPriE GE BEE GE04GEANM BACKER = -' E . SBEPG LAPRT L VIC•. RET LOPEn R A.NGTT _ (612) 227-8017 _ MICMAEL J RAOMEP PAUL SCNECRER P09ERT H09BIN5 BARRF D GLAZER i:AA.E E.=?. PMILLIP " MARTIN CURDS L STINE PETERMICKY NENORIASON - .:—Ss 3.. _SET C JO TRUCANL NICNT M - re1+..-- =POI [HABEAS J HAaENSTEIN CHARL AdEN JONATMAN VILLAGE CENTER WILLIAM waluH J KEPPEL 1RVING WEISER ' - E C L Sl= ... _A.ER [MAPLES A GEE.R CHASKA. MINNESOTA 55318 JAMES A.FLADER STEPHEN GOTTSCHALK {...3 H },:t_M JOMN C Z+AKMAN (612) 448-4012 WILLIAM A.JOHNSTON& - THOMAS CLKINS C}+EuUS :. CWT JOmv R.+ICAS - WILLIA.M E-BOWEN T'—_-+ S 5.?USGM EUGEME L:OI...1 ON - WILLIAM P. LUTHER C JOMN W. WINE'+C.-ST. JR. DOUGLAS O. MCFARLANO OF COUNSEL .•CAA_ ° 55 MAeAEI PRIG ARD - IIS THIRD STREET SOUTHWEST - ONAO L BOEHMEN DAVID E BRONSON D = —D A='c_S--ZR 'WILLIAM FL50-" - ROCHESTER, MINNESOTA 55901 ALAN D G:WLANO LEAVITT R. BARNER Y' N 1 :A ::R TMCMAS R MANTLE' (507) 288-3156 LA'+REKCE R. OLIVER GEORGE E.ANOERSOM �..VO 5 :-�.ZEM RICHARD G S.AASON _ FRANK H. VOIGT R0 9ERT L VANFOSSEN September 17, 1975 Mr. Robert C. Duna Edina City Engineer 4801 West 50th Street Edina, Minnesota 55424 Re: 'Street Improvement No. BA-100 Dear Bob: The City is claiming a road easement for the eastfrontage road of Highway 169-212 from Link Road north.: A portion of that frontage road was obtained by recorded easement. However, an additional portion, crossing over land now owned, as I recall, by Watson Construction Company, was obtained by maintenance.and public use for six years pursuant to Minnesota Statute §160.05. That statute provides that if maintained and used for six years, a public road results having a width of 66 feet, being 33 feeton either side of the maintained centerline. However, a_recent Minnesota case, Barfnecht, et al. v. Town 3oard of. Hollvwood.(Minn..Sup. Ct., July 22, 1975), held that a.dedication.by public use,.the language of the statute to the contrary not- withstanding, cannot constitutional) exceed the amount of roadway actually used. The court interpre ad -used area" so as to include shoulders and ditches that are needed and have actually been used to support and maintain the traveled portion of the roadway. Therefore, the portion of the east frontage road .that is claimed by maintenance and usage can be claimed only to the extent of its actual use, not to the extent of 66 feet as stated in the statute. If you have any questions concerning this opinion or its application in any given circumstance, please advise. TSE/abc' cc: 'Mr. J. N. Dalen ,ir. Warren C. Hyde Very truly yours, Thomas S. Erickson Musual risks they face1.their k The state argues that this case is� Schwartz v. Talmo, supra. where a 'clause far workers' compensation benefits was upheld against oat dal ; challenge. In Schwartz, however, this court was called uPoa f the legislature's decision to exclude suicide victims from x workers, compensation death benefits of any_ kind.5 Here, the legislature has 5 Three months after our decision in Schwartz, the legislature amended Y..inn. Stat. S 176.021, subd. 1, stri i'Tc ng out the language exclud- ing suicide victims from compensation, which Schwartz enforced. Minn. Laws 1973, ch. 623. already permitted recovery of death benefits by Otis Ondler's depend- ants. The only question before us is whether the classification - azcluding heart attack victims from the workers who will receive the additional death benefit has a rational basis. We hold that it does not. The classification, lacking a rational basis, denies equal pro- tection under the Fourteenth Amendment of the U. S. Constitution and Article I, Section 2 of the Minnesota Constitution. Reversed. ri LZ (9 ell rt No. 342 HUBQ A D T COUNTY Otis, II alrJ iDiti [11J V lJl� 1 1 mod, J. Albert D. Shinneman, John A. Masog, Attorney, Park Rapids Respondent, 49423 vs. Arago Township, et al, Gregory D. Larson, Attorney, Park Rapids Appellants. S Y L L A B U S 1. To establish a public road pursuant to Minn. Stat. S 160.05, subd.l (1978), the road must be used by the public and maintained by an appropriate agency of government for a continuous period of at least six years. 2. For purposes of determining whether a road was maintained by an appropriate agency of government so as to satisfy Minn. Stat. S 160.05, subd. 1 (1978), the question is whether the agency would have had authority to maintain the road if the road had already. become a public highway. 3. Adjoining townships may agree to divide responsibility for maintaining roads on or along town lines in such manner that one township acquires the duty to maintain a portion of an existing road running along the town line but entirely within the other township. 4. The record discloses no evidence of physical action within the six years prior to the commencement of this action that was either intended to or sufficient to close the land against public use and thereby toll the six -year period contained in Minn. Stat. S 160.05, subd. 1 (1978). 5. Where a public highway has been created by operation of Minn. Stat. S 160.05, subd. 1 (1978), there is no authority for awarding damages to the affected landowner. FRIDAY. JANUARY 4. 1080 FINANCE and COMMERCE 113 6. Where a petition to vacate a town road is filed and contains the eight signatures required by Minn. Stat. 5 164.07, subd. 1 (1978). and where, before the town board either acts or is required to act on the petition by Minn. Stat. S 164.07. subd. 2 (1978)', a number of signers request the withdrawal of their names so that the number of remaining signers is less than eight, there is no authority under 164.07 for the town board to act on the petition. Award of damages and appraiser fees reversed. Case remanded with directions to enter judgment for defendants. Heard before Sheran, C.J.. Otis, and Kelly, JJ., and considered and decided by the court en banc. OTIS, Justice.( Han. Clinton W. Wyant, District Court Trial Judge). In October 1976 plaintiff Albert Shinneman petitioned the Arago Township Board to vacate a road crossing his property that had never been officially dedicated. The town board took no action on the petition. ' By a complaint served November 4, 1976, plaintiff sued to enjoin defendant townships, Arago and Lake Emma, from using and maintaining the road, and, in the alternative, he requested that the court vacate the road or award him damages. The defendant townships answered alleging that the road had been established as a public road via statutory user pursuant to Minn. Stat. S 160.05, subd. 1 (1976), and that plaintiff is precluded from recovering damages. After a trial without a jury, the trial court concluded that Arago Township had taken plaintiff's property by establiahinv a town road pursuant to 6 160.05, subd. 1, and that plaintiff was entitled to compensation. Further proceedings were ordered to fix damages. Judgment was subsequently entered for the sum of $6,470.00. Arago Township was also charged 5500.00 for appraiser fees. Defendants appealed. We reverse the trial court's award of damages and appraiser fees and remand with directions to enter judgment for defendants. In 1953 plaintiff purchased some property in Arago Township. The land, lying south of Hubbard County Road Forty, is bordered on the south by Potato Lake and on the east by the Arago-Lake Emma township line. The lot is 300 feet deep and contains approximately verbally register his objections to public maintenance of the road, the record discloses no other physical action. I On October 4, 1976, plaintiff presented.to-.the Arago Township Board a petition requesting vacation of,the road. The petition contained eight signatures as required byNinn. Stat. S 164.07, subd. 1 (1978). Three of the eight original signers, however, later signed a counter petition and requested in writing that their names be withdrawn from plaintiff's petition. 'While both. petitions were considered at the board's November 1, 1976, meeting, no action has ever been taken with respect to plaintiff's petition. 1. Our initial question is whether a public road was established pursuant to Minn. Stat. S 160.05, subd. 1 (1978).1 The requirements 1 Minn. Stat. S 160.05, subd. 1 (1978) providesc When any road or portion thereof shall have been used and kept in repair and worked for at least six years continuously as a public highway, the same shall be deemed dedicated to the public • • • and be and remain, until lawfully vacated, a public highway whether the same has ever been established as a public highway or not • • • of the statute are (1) use by the public and (2) maintenance at the expense of an appropriate agency of government -(3) over a continuous period of at least six years. Anderson v. Birkeland, 229 Minn. 77, 80, 38 N.W.2d 215, 218 (1949). The evidence leaves no doubt that the'public use requirement has been satisfied. While traffic over the road was not copioug, the road was used by those members -of the public who could naturally be expected to enjoy it. That is sufficient. Id. at 82, 38 N.W.2d at 219. 2. A more serious issue -is whether the road has been maintained by an appropriate agency of government. While this road branches off a road on the Lake Emma-Arago tarn line, it lies entirely within the territory of Arago Township. At the same time the road was maintained by Lake Emma Township. The statute, *inn. Stat. S 160.05, subd. 1 (1978). states that the road must be maintained "as a public highway." Clearly,until the six years have passed the road is not,a public highway, but for purposes of determining whether the statutory requirements have been met, it is nevertheless treated as such. The maintenance must be of a quality and character appropriate to an already existing public road. Thus, if a governmental agency would have been authorized to maintain this road had The road in controversy branches off a road that runs on the township line south from County Road Forty. It lies along the eastern edge of plaintiff's property. Although there was some use and main- tenance of the road prior to the early 1960's, such use was noncontin- uous and unsystematic. During this period the road existed as an eight- to ten -foot wide grassy center roadway. Sometime during or prior to the early 1960's, however, the townships of Lake Emma and Arago agreed to divide responsibility for maintaining roads on or along this township line, with Lake Emma charged with maintaini_`3 roads south of County Road Forty. The road over plaintiff's property diverges only a short distance, no more than sixty feet, from the township line and was treated as an extension of the road on the town line. Thus, while the road lies wholly within Arago Township, Lake Emma began maintaining it sometime between 1960 and 1962. In a letter dated January 11, 1962, the Lake Emma Township Hoard informed plaintiff that 'Lake Emma will act to have this road maintained as previously agreed with Arago Township and ' • • any action or actions to move said road shall be up to the Township of Arago in which said road is located.' The road has been maintained on a consistent basis since the early 1960's. while the northern portion received somewhat more attention at first than did the southern part, the maintenance was sufficient to keep the road open to the lake. The evidence shows clearly that Lake Emma continued to maintain this road through the commencement of this action. over the period of maintenance the width of the road was gradually increased to about twenty feet. Plaintiff testified at trial that he blocked passage on the road at least twice between 1961 and 1963. On the first occasion the obstruction was removed after plaintiff was contacted by township officials. The second time, plaintiff placed a log across the road with the purpose of preventing a certain driver from damaging the road while it was muddy. when the road dried, and before he was contacted by governmental officials, plaintiff removed the log. On at least two other occasions, at the request of county officials, plaintiff moved property that had been parked in a manner that partially obstructed the roadway. In neither instance was any obstruction intended by plaintiff. While plaintiff continued to 5 160.05, subd. 1. 3. The question therefore, is whether Lake Emma. could have .exer- cised any authority to maintain a. public road outsideits territory under these.circumstances. In certain circumstances townships are permitted to act officL&Ily beyond their territorial boundaries. Minn. Stat. 5 160.07 (1978). for example, pe--mite township road authorities to expend. reasonable sums to assist in the improvement and maintenance of roads lying beyond the boundary of and leading into such town.2 Minn. Stat. 5 164.12 (1978) 12 Minn. Stat. 5 160.07 (1978) provides: The road authority of any county, town or city may appropriate and expend such reasonable sums as it may deem proper to assist in the improvement and maintenance of roads, bridges, or ferries lying beyond the boundary of and leading into such county town or city. provides that adjoining towns may establish, alter, and maintain roads 'on or along the line between such towns.'3 (It should be noted 3 Minn. Stat. 5.164.12 (1978) provides in part: Subdivision I. Proposal to establish. When adjoining towns pro- pose to establish, alter, or vacate a road on or along the line between such towns they shall proceed as hereinafter provided. Subd. 2. Division of responsibilities. The town boards shall divide the length of the road proposed to be established, altered, or vacated into two parts. When it is proposed to establish or alter a road, the division shall be made so as to divide as nearly equal as possible the cost of right of way, construction, and maintenance of the entire road. If the proposal is to vacate a road, the division shall be made so as to divide as nearly equal as possible any damages that muy be occasioned thereby. Subd. 3. Agreement. After the division the boards shall enter into an agreement specifying which part shall be vacated, or opened, constructed, and maintained b each. Thereafter, each board shall proceed in the manner ann& subject to the same review as provided in section 164.06 or section 164.07. — .that the predecessor to 5 164.12 referred only to roads "on the line" between two towns. Minn. Stat. 5 163.17 (1957).) when such roads are to be established or altered the town boards are to divide the cost and responsibility for maintenance, and they are directed to enter an agreement with regard thereto. These statutes evince an intent that town lines not operate as insuperable barriers. Townships may enter agreements of mutual convenience regarding roads on or along town lines. Even though a town line runs down the center of a road, the adjoining towns are not.'compelled to divide the duties of maintenance strictly in accordance q with theirterritorial borders. They may reach some other accomodation. occurred in the early 1960's. Since the record discloses no eviaence of physical action in the six years prior to the commencement of this action that was either intended to or sufficient to close the land against the public use; the six -year requirement of 5 160.05, subd. 1, was satisfied. 5. The trial court ruled that establishing a road pursuant to f 160.05, subd. 1, constituted a taking of property that required compensation. As a result plaintiff was awarded damages and Arago Township was charged with costs incurred in fixing damages. .The award of damages'was not warranted. Section 160.05, subd. 1, provides no method by which government can take property. The statute, rather, provides a substitute for the common-law creation of highways by prescription or adverse use. Barfnecht v Town Board of Hollywood Town h , 304 Minn. 505, 506, 232 N.W.2d 420, 422 (1975). During the running of the six -year statute, the township and the public are adverse users and, at any time during that period, the landowner may seek damages for trespass, he may bar users from the property, or he may force the township, if it wishes to continue to use his property, to condemn it and pay compensation. After six years have passed, however, he is estopped from asserting those rights. The township and the public acquire rights not because they take them, but because the landowner forfeits them by failing to act within the prescribed period. Moreover, so long as a reasonable time and method exist for obtaining compensation or other appropriate relief --and this is supplied by the six -yeas term --an affected property owner has no, complaint if his request for relief is held barred by long acquiescence and lathes or by the running of a statute of limitations. Kaukauna Water Poway Co v Green Bay 6 Miss• Canal Co., 142 U.S. 254, 290-91 (1891); Jacobosky v.Town of Ahnapee, 244 Nis. 640, 646, 13 N.W.2d 72, 75 (1944). Sea also Rrambeck v. City of Gretna, 198 Web. 608,'614, 254 N.W.2d 691, 695 (1977). 6. Finally, in the alternative, plaintiff asked the trial court to compel the vacation of the road under authority of Minn. Stet. S 164.07 (1978). Section 164.07, subde. 1, 2, directs a town board to act on petitions regarding township roads when they are signed by eight voters of a specified class. Plaintiff's petition initially O P I N I 0 N OTIS, Justice. (Hon, John A, Spellacys District.Court Trial Judge) Plaintiff Westby brings this action against Itasca County and department of natural resources conservation officer Donald Claude claiming;t damages for negligent maintenance of a highway. The trial court ruled that Claude enjoyed sovereign immunity of the State of Minnesota, that he was not an agent or employee of Itasca County, that even if he was an inde- pendent contractor of the county, his negligence was collateral, and, con- sequently,thatthe county could not be held vicariously liable for his acts. The.jury found that Claude was 100 percent negligent and that the plaintiff and the county were free from negligence. Plaintiff appeals on the grounds -that the trial court's rulings on the agency and independent contractor status of Claude were incorrect. We reverse and order judgment for plaintiff. Plaintiff Westby injured his lower back when his truck overturned as a result of encountering a mud slick on Itasca County Highway Fourteen near Bigfork, Minnesota. That condition was created approximately one hour before the accident when a beaver dam located near the road was destroyed by dynamite to prevent the erosion of the roadbed from water backed up by the dam. In accordance with county practices extending back at least twenty years, the blasting was handled by a department of natural resources conservation officer, Donald Claude, at the request of a county highway maintenance employee, Gene Gustafson. The explosion was designed to blow debris horizontally over the road to avoid -power lines which were located directly above the dam. Claude and his son removed the larger pieces of debris from the road but most of the slippery material remained on the highway. This hazardous condition was not marked or flagged in any manner to warn drivers,and the county was not notified of the hazard until after tF.:".accident. 1. Restatement (Second) of Agency 5 2 (1958) sets forth the relevant rules& An independent contractor is a person who contracts with another to do something for him but who is not con- trolled by the other nor subject to the other's right to control with respect to his physical conduct in the per- formance of the undertaking. He may or (nay not be an agent. 4.. FINANCE and COMMERCE FRIDAY, JANUARY 4, 1880 included the required signatures. However, before the board either Moreover, the laws recognize that there are occasions where, for reasons acted or was required to act by Minn. Stet. 5 164.07, aubd. 2 (1978), of necessity or practicality, such roads do not lie precisely on the three signers requested that tiheiz names be withdrawn. The town board town line. In such circumstances the towns are not precluded from for that of the town line was'constrained to give these requests effect. In re Meyer dividing the duties of maintenance portion 278 Minn. 20, 30, 152 H.W.2d 770, 784 (1967)1 Domeier v. Golling, rosd.4 243 Minn. 237, 241, 67 H.W.2d 898; 901 (1954). Following these 4 When statutory language has left room, we have not required town line. in Skrove v. Towns withdrawals the petition contained fewer than the required number of such roads to rigidly conform to the 154 Minn. 118, 191 N.W. 584 (list), for of Belmont and Christiania, characterized as a town line road under the existing signatures and the township board was without authority to act. example, we statute, a road that varied as much as 500 feet from the actual town line, Likewise the district court had no authority to intervene. In the circumstances of this case, therefore, where the road - departs only a short distance from the town line and is an extension of a road lying on the town line, had that road already assumed the character of a public road, the towns of Arago and Lake Emma.would have had clear authority to enter an agreement allocating to Lake Emma responsibility for maintaining the road. Consequently, mainten- ance performed by Lake Emma pursuant to such an agreement was performed by an appropriate agency of government within the meaning of Minn. Stat. S 160.05, subd. 1 (1978). 4. Plaintiff also questions whether the required use and main- tenance occurred over a continuous period.of six years. He urges that he took physical action that stopped the.running of the period. in Barfnecht v Town Board of Hollywood Township, 304 Minn. 535, 308, 232 N.W.2d 420, 423 (1975). we stated, 'if (the landowner) means to dispute the rightfulness of the public use, he must assert his rights within the statutory period by physical action or .suit.' In so doing we restated the law set forth in Miller v. Town of Corinna, 42 Minn. 391, 392, 44 N.W. 127, 128 (1890), that the landowner can stop the running of the statute 'by applying to the courts to have the right of the public tested, or within that time he may close the land against the public use.' Not all physical action will toll the statute. The period is started anew only by action that 'Close(s) the land against the public use.' It is unnecessary to decide whether plaintiff's physical actions were of the character necessary to start the statute running anew. The award of damages and appraiser fees is reversed and the case is remanded with directions to enter judgment for defendants. MR. JUSTICE TODD took no part in the consideration or decision of this case. No. 347 Jerry L. Westby, Appellant, 49222 vs. Itasca County, Respondent. ITASCA COUNTY Ttie, J. . Took no part, Todd, J. Edward J. Matonich, and Darrold Persson, Attorneys, Hibbing Russell A. Anderson, Attorney, Bemld�i S Y L L A B U S 1. A conservation officer who agreed to destroy a beaver dam at the request of and on behalf of the county for purposes of road mainten- ance held to be an independent contractor of the county. 2. Road maintenance held a non -delegable duty. 3. An independent contractor's failure to remove mud and debris from a road after blasting a beaver dam for road maintenance purposes is not collateral negligence which will relieve his principal, the county, from liability. The essential maintenance and use of the road began by 1962. Plaintiff Reversed and remanded. waited more than fourteen years before filing suit against the town- Heazd before Otis, Rogosheske, and Wahl, JJ., and considered and ships in November 1976. The physical actions relied on by plaintiff decided by the court an bane. 0 .1 and nutiuleuauee or a ItrcUrca;dc tuldl truck trail for public use, slid not ac- quire an interest by adverse posses- sion, dedication, or user by the use of the right-of-way for six years. Op. Atty.Gen., July 2, 1952. Former § 160.19 was based on prin- elple of adverse possession and was designed to settle forever litigation concerning location of public roads. Id. Foruner § 160.19, relating to estab- lishnteut of road by user, had no ap- pilealion to street within city or vil- lage by reason of former § 100.01. Op. Atty.Gen., 396-C-4, Aug. 31, 1951. former § 1G0.19 applied to streets in village or other Incorporated nnulici- pality. Op.Atty.Gen.1934, No. 489, p. 748. A town road could be established by filing a petition us provided by former 163.13, by dedication of land for road purposes by owners thercor and an acceptance of such dedication by town under former § ]G:1.19, or by dedica- Hu t by user as provided by former § 16o.19, but there was uo authority whereby town could purchase outright the necessary right of way for it town road. Op.Atty.Geu.1932, No. 18-1, P. 2llti. Former § 160.19 was uppllcable to streets as well as roads. Op-Atty. Gen., 39G-C-4, Oct. 12, 1932. Before there could be it dedlcadoll by user under former § 160.10, road %vas required to have been used and kept in repair and worked for at least six years continuously as a public highway. Op.Atty.Gen.1928, No. 217, p. 207. P:Ifcct of user of old road after al- teratlon by county board discussed. Id. 4. Retroactive operation Laws 1899, c. 152, containing a pro- visiuu like that set out lu former § 16o.19, was nut retroactive, and a highway cstatblished by user hefore its enactment was ]hinted to the chair- acter and extent of the user. State v. Mager, 1912, 119 Alina. 512, 138 N.W. 935. 1HU l)LUV1Z1V1M VL a.i,...'-r 4 i••­— as set out in substance 3u Laws 1877, c. 50, (Geu.St.1878, e. 13, § 47), were entirely prospective, and no acts done or time elapsed before the passage of the statute could be considered. State v. Waholz, 1881, 28 Minn. 114, 9 N.W. 578. 5. Dedication —In general Alaxhu that man was presunled to intend usual and natural cousequeuces or his acts, was applicable to dedica- tions of roadways. Daugherty v. Sowers, 1955, 2.13 Minn. 572, 68 N.W. 2d 866. Acceptance of dedication of strip of laud fur use as public highway by pub - He may be shown by public user, as by travel, or by acts of public oW- cers in improving and maintaining the road. Anderson v. Birkeland, 1949, 229 Minn. 77, 38 N.W.2d 215. The intention of owner to set apart it strip of land for use of public as highway was foundation of com- nton-law dedication, and any act of owner, or of any person acting for hint with his knowledge and consent, front which till Intention may be un- equivocally Inferred, was sullicient to constitute a common-law dedica- tion. Id. The evidence sustained the lludings that It road by prescription had been established on the boundary line be- tween the farms of the parties to the action, by their joint use thereof dur- ing it period of almost 50 years, which became appurtenant to each farm and every part thereof. hence, by con- veying by deed of warrauty part of the land over which the road was laid without reservation or exception, the grantor did not relinquish the eftse- ment where It appeared that he re- mulned the owner of the balance of the farut to which It wits also appur- tenant. Sorkil v. Strom, 1923, 156 Minn. 155, 104 N.W. 333. A road or it street could be dedi- cated by statutory user pursuant to Minnesota Statutes 1915, § 160.19 (see now section 160.05) despite title regis- tration proceedings had taken place during the time of the construction of the road, and there would be no con- 42 nlec bettveen AI!unesota Statutes 1945, § 160.19, and § 508.02. Op.Atty. Gen., 3969-4, July 23, 1959. Where land was dedicated for road Purposes "for enough to get a good track," facts were too uncertain to conclude that a four rod road was es- tablished by user and proper pro- cedure was for town to proceed to establish it road. Op-Atty.Gen., 377- A-1, Julie 7, 1948. 6. — Nature and requisites of dedication A way may be dedicated as a pub- lic highway, evell though it is a eul- de-sac, Kciter V. Berge, 1945, 219 Aliun. 374, 18 NAV.2d 35; Daugherty i.; v. Sowers, 1955, 243 Minn. 5?l, 68 N. W.2d 866. Although there could be no dedlea-. tion of roadway without landowner's Intent, such requisite intent need not be expressed, and in fact need not ac- tually exist in owner's mind, but might be implied from acts and con- duct of owner which were unequlvo- E_ tally and convincingly indicative of is dedication and upon which public bad k, right to and did rely. Daugherty v. Sowers, 1955, 243 Minn. 572, 08 N.W. F 2d 860. Dedication of rondwny rests upon Intent and not upon prescription. Id. Essentials of common law dedica- tion of roadway are laudowner's in- tent, express or implied, to have his land appropriated and devoted to pub- lic use, and acceptance of that use by Public. Id. The public may rely on that which landowner has done as Indicative of his Intent, and if his conduct has been "'lull as to Icad all ordinarily discreet man to Infer Intention to make dedica- tion of strip of Innd as Public high- way, and the Public rely upon such acts as a dedication and may accept It for Public use and use It as a public road, the dedication becomes complete and cannot be recalled by owner. An- derson v. Birkeland, 1949, 229 Minn. 77, 38 N.W.2d 215. Although intention of landowner to dedicate strip of land as public high- way must appear to exist as requisite 43 for common law dedication, it need not always exist In fact in mind of landowner, but may be ascertained from acts on his part which unequivo- cally carry with them the plain im- plIcation of Intention to dedicate a road to public use. Id. "Dedication" is not based on "es- toppel", but it is of itself it distinctive couuuou-law doctrine and Is compre- hensible without reference to latter, although essential elements of latter may be present in a given case, and if for continuous period of at least six years a roadway has been used ublic and, In addition thereto, has 1�'Cll \VOt'kCd III d Iien anal as public hlg sway under authority and expense of government, roadway is thereby dedicated and accepted as a public highway. Id. The basic element of dedication of roadway as public highway is owner's Intent and not public use for period of prescription, and when that intent Is clearly manifested the dedication against owner lmconles effectivp and lrrevnenbin na f__F softie enser of ualtder ,ee and charac c '�"11c acccn) once, and sue] user to be effective need not exlst fur filly detlulle length of time. Id. Landowner's act, In having gravel Put on roadway over his land used by Public to be used In lnlprovhtg road- way and flttlng It for travel, was an act in furtherance of such public use as it basis for Inference that landown- er intended to dedleate roadway to public use. Kelter v. Berge, 1945, 219 Minn. 374, 18 N.W.2d 35. Landowner, by cous(ructlug )few road Its a substitute for part of road. way over bis land which he closed to Public use, recognized vulldity of pub- lic's clalul to the roadway as basis for Inference- that landowner intended to dedicate roadway to public use. Id. To constitute a common-law dedlca- tion of a roadway there must be an approprlatlon or surrender by the owner to public use and an acceptance by the public. It may be express, or implied as a fact from attendant cir- cumstances. Jungels V. SChramel, 1924, 158 Minn. 93, 197 N.W. 99. , .haver ovur ruatmy y ,......... --- it ot adverse turd does not ripen into Su public right. Op.Atty.Gen., 390-G1, L Dec. 15, 1955. 7. - Time required Beyond bare necessity of sulfieient user of roadway to nnauifest accept- unce by public, icngtb of time of user beconnes important: only as it nmy be a significant evidentiary factor in es- tablishing or corroborating owner's dedicatory intent. Anderson v. Birke- land, 1949, 229 Minn. 77, 38 N.W.2d 215. A dedication rests upon assent and not upon prescription and does not dc- peud upon length of tinie road wits used for public purposes, the tinne ele- ulent being important only where fact of dedication rests upon inference, but public use need not be for tine pe- riod of the statute ill order to war- rant inference of dedication. Keiter v. Berge, 1045, 219 Minn. 374, 18 N. W2d 35. A road established pursuant to the statute beconnes a public road uponn expiration of six years, and if a road is established by couonon-law dedica tlol there is no definite tine at which the road so established becomes pub- lic and owner of the fee becomes di- vested of his rights. Op.Atty.Gen., 377-A-4, Aug. 26, 1935. 8. -- Effect of dedication Interruption of public use of road- way across private land by installing a gate thereon and absence of adverse use thereafter for the period of the Statute were humaterial if roadway wits dedicated to It public use. '{enter v. Berge, 1945, 219 Minn. 374,18 N.W. 2d 35. Action for trespass could not be maintained against abutting landown- er for cutting trees wit.hiu the tight of way of It town road dedicated Uy user. Op.Atty.Gen., 377-A-4, Aug. 2, 1956. 9. - Revocation Where landowner's dedication of road is accepted by public, dedication cation. Ditogberty V. Sowers, 243 Minn. 572, 08 N.W.Zd 866. The public may rely on that which landowner has clone as indicative of Ills intent, and if his conduct has been such as to lead all ordinarily discreet Inn n.to infer intention to make dedica- tion of strip of ]and as public high- way, nud the pnblle rely upon Such acts as a deification and may aeeept It for public use and use it as a pill) - lie road, the dedication becolucs conn- plete and cannot be recalled by own- er. Anderson v. Birkelaud, 19-19, 229 Minn. 77, 38 N.W2d 215. A dedicator of a public highway could not revoke the dedication by at- tempted substitution of another high- way without the consent of the pub- lic. I:eiter v. Berge, 1945, 219 Alien. ( 374, 18 N. W.2d 35. 10. — Acts preventing dedication Whore the owner of laud abutting of a high -way had constructed a fence encroaching of land which wits subse- quently clainned to have been deill- cated to the public as a part of the highway, and the fence was substan- tially maintained for over 20 years, though for a ininiber of years a por- tion thereof had been removed or taken down, and such land was never used for the purposes of travel, but had always been in the plaintiff's possession, nud he had planted trees thereon, and Soule of his buildings en- croached oil the land, and iu response to his request for a sidewalk along the line the authorities lend constructed a fence along the line as claimed by hint, the evidence was not suliicieut to show a dedication. 1l111-ley V. City of \Vest St. Paul, 1901, 83 Minn. 401, 86 N.W. 427. If landowner whose land was used by the public Its a cutof becnnse it river crossed a section road can show that he orally protested directly to town board 30 years ago as to use of such cutoff by the public, it would constitute additional proof but not conclusive that owner never assented to use of such toad by the public. Op.Atty.Gen., 379-A-2, May 3, 1940. 44 To show establishuneut� of public highway by user, it is not necessary that every portion of road should be worked at expense of government, nor that any part should receive attention every year during six -year period. Anderson v. Birkeland, 19-19, 229 Minn. 77, 38 NAV.2d 215. 1Vhile highway must be shown to have been used by public and kept in repair thereby at public exlwnse for six years in order to establish public highway by statutory user, the public need not keep road in repair in oilder to establish conuno. law dedication thereof as highway. Bosell v. ltanne- stad, 1948, 220 Minn. 413, 33 N.NV.2d 40. Aceeptance w by the public of com- mon-ladedication of it highway may be inferred front fact of common user by the public or Pratt acts of public olliccrs in improving and maintaining highway, but expenditure of public funds for improving and maintaining it as a highway is not necessary. Kelter v. Berge, 1945, 219 Minn. 374, 18 N.W.2d 35. The fact that public officials In city had ivade no repairs of alleyway lo- cated on landowner's ]and wits imina- terial in determining question wheth- er there had been a conunon-law dedi- cation of the alleyway to the public by the landowner. Dickinson v. Ruble, 1942, 211 Minn. 373, 1 N.W.2d 373. The keeping in repair and working of a road for six years, which to- gether with user was required by former § 160.19, was required to be done under the authority and at the expense of the government, function- ing through an appropriate agency. Whiteley V. Strickler, 19'_4, 159 Mien. 145, 198 NAV. 420. To establish a public highway un- der former § 100.19, the road niust have been traveled by the public and have Ucen worked for the prescribed Six-yer• aperiod, but it was not neces. sitry that every portion of such road should have been worked, or that tiny part should have received attention every year. Town of Wells v. Sulll- 45 244. In order to establish a public high- way by adverse user under foruwr § 160.19, mere use for public travel for six years was insufficient, and work or repairs on the highway at least six Years before the contest also was required to be shown. A1lniteapolis Brewing Co. v. City of Nast Grand Forks, 1912, 118 Minn. l07, 136 N.W. 1103. The work required to establish a highway by statutory dedication Is only such as may be necessary, tak- ing into account the natural condition of the roadbed; and heuce town au- thorilles cannot be enjoined from Im- proving a road which has been used since 1888, and has been continuously traveled and worked sufficiently to keep it in proper condition. Ilansen v. Town of Verdi, 1901, 83 Minn. 44, 85 N.W. 906, following Miller v. Town of Corinna, 42 Minn. 391, 44 N.W. 127, and Rogers v. Town of Aitkin, 77 Minn. 539, 80 N.W. 702. Town board has Sallie duties and ob- llgations in regard to maintenance and repair of a road established by user as it has in regard to any other town road. Op.Atty.Gen., 377-A-4, June 17, 1957. Where road over private land used by the public to go to and front ath- letic field at state teachers college was not used and kept in repair and worked for at least six years coutiau- ously as a public highway, state teach- ers college board did not have an ease- nieut over the road. Op.Atty.Gcu., 390-C-4, Dec. 15, 1955. A road along shore of a lake which has shifted front tithe to time because of growth of brush turd because of wet weather, upon which to puhile money was spent for repairs or maht- tenance, Is not a public road. Op. Atty.Gen., 371-A-2, Sept. 30, 1032. 12. Width of road When a roadway is acquired Uy user its width, it the absence of stat- ute, Is measured by the user. Schrack v. Hennepin County, 1920, 146 Alinn. 171,- 178 N.W. 484. When it is evident that further im- provements will have to be made for the safety and convenience of travel- ers and they become reasonably neces- sary to a roadway acquired by user, the public is entitled to the use of land outside the traveled way. Id. Laws 1899, c. 152, was nbt retro- active, and a highway established by user before its enactment Is limited to the extent of the user. State v. Ilager, 1912, 119 Alinn. 512, 138 N.W. 935. The clause Introduced into this stat- ute by Laws 1899, P. 155, C. 152, pro- viding that the road shall be deemed dedicated to the width of two rods on each side of the center line, does not apply to established highways by user before the act took effect. Gilbert v. Village of White Bear, 1909, 107 Alinn. 239, 119 N.W. 1063. A public highway acquired by ad- verse user was not necessarily limited to a track made by passing vehicles, but its -width was to be determined as a question of fact by the extent of user. Arndt v. Thomas, 19041 93 Alinn. 1, 100 N.W. 378, 106 Am.St.ltep. 418, 2 Ann.Cas. 972. The forerunner of this section, Gen. St.1878, c. 13, § 47, which also con- tained some of the provisions now found lit § 160.02, did not limit the width of roads acquired by adverse user for six years, but only limited the width of roads laid out by the county authorities. Marchand V. Town of Alaple Grove, 1892, -18 Alinn. 271, 51 N.W. 606. Where a public highway was ob- tained solely by adverse user under tho foruter statute, Its width was to be measured and determined, as a question of filet, by the charneter and extent of the user. It was not nec- essarily conliued to the track made by passing vehicles, but might include such adjacent land its might be need- ed for ordinary repairs and Improve- ments. Id. Where It cartway two rods wide had been established under former § ]G3.15, town could rely on former § 160.10 for authority to improve the road to It width of four.rods over.ob- jection of adjoining property owners since former § 160.19 applied to road dedicated by user, not established roads. Op.Atty.Gen., 1950, No. 112, P. 196. If town road was established by user, it was four rods wide under the statute. Op.Atty.Geu., 377-A-1, April 17, 1947. , A two -rod road, bought and paid for by township as a two -rod road about 20 years ago and used by pub- lic ever slake, may become a four - rod right of way by user. Op.Atty. Gen., 377-A-4, Sept. 18, 1041. This section does not require that all streets be four rods In width, but will apply where street is actually open to use and kept in repair for at least six. continuous years to this width, regardless of any plat which may have been made concerning streets in village:; which are desig- nitted as trunk highways. Op.Atty. Gen.1931, No. 489, p. 748. Where a vote to establish cartway two rods wide under former § 1G3.13, was ineffective because order was never filed, fact that subsequently for over six years cartway one rat in width was worked and kept in repair did not establish a legal cartway by dedication under former § 160.19, since cartway by dedication could be established only by using to the width of four rods. Op.Atty.Gen.1934, No. 214, p. 404. A road established by user is deemed dedicated .to the public to the width of two rods on each side . of the center line. Op.Atty.Gen., 2.73-A-1, Alag. 27, 3031. The, statute applles only to roads that have become public highways by user subsequent to April 11, 1899, on which date the statute was approved. Op.Atty.Cen., 377-B-1, Aug. 18, 1927. That public travel may deviate slightly from line of established high- way does not necessarily result In mating of lands outside of limits of right of way it public highway by user. Op.Atty.Gela., 379-A-2, March 16, 1027. .. .. . . 46. A highway established by user un- der the statute is four rods wide and town board may open it to a width of two rods on each side of center line, but if the road became estab- lished by user for period of six years prior to April 11, 1899, statute does not apply and in such case width Is measured by extent of the use. Op. .kt.ty.Gen., 379-0-13-B, June 7, 1026. 13. Establishment of highway, by public authorities The former statute rebated to es- tablishment of roads by user and not to roads or streets laid out by order of town board or village or city coun- cil. Op.Atty.Gen., 377-A-4, Nov. 2, 193G ; Op.Atty.Geu., 377-B-10, June 26, 1939. The former § 160.10 was applicable to streets as well as roads but did iiot apply where road or street had in been in fact laid out by public au- thority and the work and mainte- nance consisted of maintaining and improving the established road or street. Op.Atty.Gen., 39G-0-4, June -9, 1932. 14. Defective or Incomplete proceed- ings to establish highway , La 1881, the town supervisors at- tempted to lay .out the highway in question, but the record of their acts was defective. Immediately follow- ing such attempt, the road was sur- veyed and opened, and has ever ,since been known, and continually used and traveled, as a public highway, and public work has been expended thereon when necessary. held suRi- cient to show that the highway was established by a statutory user. Rog- ers v. 'Town of Altldn, 1899, 77 Minn. Nil), 80 N.W. 702. The operation of the former stat- ute, as unleaded by Laws 1879, e. 51, wasnot affected by the fact that Proceedings previously commenced to lay out the road In question as a highway were still pending. inrelt v. Stillwater St. 1t. Co., 1893, 53 Alinn. 68, 55 N.W. 116. A deed bounded the land conveyed thereby by a certain road, giving the name by which it was known, there. 47 being actually such a road by dedi- cation and user. held, that the deed was not notice of the lines of a road, differing from those of the dedicated road, which had been attempted to be laid out, but was not legally laid out. Prescott v. Beyer, 1886, 34 Minu. 493, 26 N.W. 732. 15. County line roads Where two towns situated In ad- joining counties established a road between such towns on it county line, even though such road was )lot es- tablished in compliance with former § 162.20 by judicial proceedings, It became a legally established highway by user under former § 160.19, if it had been used and kept in repair and worked for at least six years continu- ously as a public highway, and the town boards of the two towns could continue to maintain and keep such road in repair. Op.Atty.Gen.1038, No. 267, p. 406. 16. Section line roads It is common knowledge that., ex- cept under special circumstances, newly established roads and cartways In rural areas are, wherever practica- ble, located on section or subsection lines and on the line between the Binds of adjoining owners, rather than across lands of one of them. Friede v. Pool, 1944, 217 Minn. 332, 14 N.W.2d 454. A deviation of travel on a public road, beyond the four -rod limit, held not such notice to landowners as would set in motion this six -year statute of limitations, where the travel was with reference to the fact• that the legal highway hay bceu lnld Out oft the section line. A1cCasland Y. Walworth Tp., Becker County, 1016, 132 Allan. 460, 157 N.W. 715. Where it strip of .laud has been claimed to be a highway by statutory user, under Gen.St.189.1, § 1832, and all provisions of the statute as to use have been compiled with it is a legal highway, though the landown- er and fate, public authorities may have been mistaken as to the true lo- cation of a section line whlcli they believe to have been the center of �..... ... },... .aJ. OI U,Yul V. 1U%Vn uL CtT tcrsburg, 1900, 99 Minn. 450, 109 N. IV. 810. Li an action for damages for tres- pass on realty, the defense was that the locus in quo was at public high- ` way. A petition had been prescufed 1 30 years previous to file trespass for the location of :t highway ou a sec- tion lice, and Ilse petition was grant- ed and the highway laid out. A con- troversy subsequently arose as to the true section line, and as to whether the highway had been located there- on; and a petition for a new loca- tion was presented, and the rond laid out, and defendants undertook to open and improve the road, when the action of trespass was brought against them. Hold, that a coutea- don that the former road was tit - tended to be located on the section line, and'was so understood by all parties, aand, having been used for 30 years, there Nvaas a practical location or the section line, by which the pub- lic and all parties were bound, cull- not be sustained, where there was nothing to show that the former highway was in fact laid out on the section line, or on wlint was then understood to be such.- Thompson v. Trowe, 1001, 82 Minn. 471, 85 NAV. 109. Where section line roads estab- lished Lu township, ill order to avoid natural obstacles, deviated from es- tablished right of way line, allot sonne of roads had been graded for several years at expense of township and others at 'to time had lord public funds expended thereon, ]it some in- stautces fences had been built, trees planted, and ordinary acts or owuee- shlp performed by adjoining owners within original rights of ivuy of roads, and traveled highways did not follow Such rights of way, there were.. legal roads to extent of two rods oil each side of the center line or the traveled way, where such way had been traveled for at least six years and public funds for construction and luaiuteauuice thereor had been expended thereon under tills section, but Uac orighual deslgnMed rights of way along secllon lilacs Properly es- tablished remained public property 48 iur iugitway purposes, unless public title thereto had been divested by ad- verse possession which ripened into title before 1899, In view of § 541.01. 01).ALty.Geu.1930, No. 286, p. 255. Where county road had been es- tablished along a section line but traveled portion had deviated front section line, the traveled way was not a road established by user with- in this section, but Its existence and use were referable to fact that there was a road established along tine sec- tion line though the same had not been opened for public travel and the use of the present traveled road away from the section line did not constitute an abandonment of the le- gally established section line road. Op.Atty.Gen., G43-F, July 21, 1930. 17. Obstruction of road In determining whether plaintiff exercised ordinary care in attennpt- iug to travel a highway known to. lilm to be partially obstructaxl, evi- dence that there was no other road by which he could reach his desti- nation is competent. Skjeggerud v. Minneapolis & St. L. R. Co., 1887, 3& Minn. 56, 35 N.N. 572. A person causing obstruction on township road may be prosecuted, or township may bring Injunction pro- cecdiug against landowner, who may be restrained from maintaining the olast:rnctlon and front Interfering with the township or Its agents who are to. widen the road. Op.Atty.Gen., 377- A-5, Aug. 14, 19-10. 18. vacation of road SInce tender former §§ 160.01 and 163.18, "town road" includes cart ways fund highways by user, town board could, under former § 160.19, vacate tiny road or the classes men- tioned. Op.ALty.Gen., 378-A, Ala rch. 7, 19'_J. 19. User of road .1-101 Public user of roadway may be - established by Comparatively squall nunnber of persons. Daugherty v. Sowers, 1955, 2J3 Itllnu. 57d, Obi N. V. 2d 866. The right of travel by all tine world a (I not the exercise of the right constitutes a road a "public highway", fund user by public is suf- ficient if those members of public, who would naturally be expected to enjoy it, do or have done so, at their pleasure and convenience, even though they be limited in number and even if some are accotnrnodated more than others: Anderson V. Birke land, 1949, 220 Minn. 77, 38 N.W.2d 215. A public user of a road may be es- tablished by comparatively small number of persons who during suiti- mer season have occasion to take such road to Lakeshore for recreation or Other purposes. Id. 20. Plats If plat, certificates and title to Property dedicated oil plat as it road are in proper order, county board has discretion with respect to approval or disapproval of plat presented to it. Op.Atty.Ccu., 18-D, March 7, 1051. 21. Railroads Former § 160.20 relating to legal highway, was inapplicable In deter- utitiinig whether motorist, entering street front road partly on and paral- lel to rallway coutpaay's property nticd only for storage purposeswas on private roadway, so as t, o require hint to yield right of way to auto- mobile approaching on street. Ilosell v, ltannestad, 19-18, 226 Aliml. 413, 33 N.\V.2d 40. The Commissioner of highways de- terailines anal designates the land re- quired for right of way, and "land" Includes all easements or rights grow- ing out Of such land. Petition of 12 M.S.A.-4 49 It Is right of travel by all the world, Burnqulst, 1945, 220 Minn. 4Note 22- 8, 10 N. and not exercise of right, which con- IV.2d 394. stitutes road a public highway and user by public is sufficient if those A railway company ]aid its ti%icic members of public even though they over it street used as a highway, but be limited in number and even If not legally laid out, and the public - Soule are accommodaated more than thereafter used the crossing for others, wino would naturally be ex- years, without objection by tilt. conn- pectcd to enjoy it do, or have done so, Pany, which, on the contrary, kelit: it at their pleasure and convenience. In repair, and planl.ed it, aand built Id, cattle guards. IIetd silincieut evi- dence of a dedication. c,, Paul, Af. & M. R. Co. V. City of 11111ineapolis,. 1890, 44 AIInn. 149, 40 N.W. 324. Village could lay water main across a railroad crossing with or without consent of rallroad, where road which crossed tracks was a continuation of street in village and had been used by public as a public road or highway since 1872, and if railroad property was benefited by improveiifent, it. could be assessed therefor. Op.rltty. Geu., 1950, No. 172, P. 308. Where railroad had purchased a right of way and thert.:nfter pur- Chatsed additional 150 feet oil each side thereof and a depot was built oil the right of way and village existed opposite therefrom, the fornu�r stat- ute prohibited public frown acqulring any highway easements is such right Of way. Op.Atty.Gen., 377-1). Dec. 19, 1939. 22. Evidence Where evidence is coufllcting as to whether owner Intended to nutke dedl- catkn► of roadway and whether puh- lie accepted dedle"Hon, gnestiota IS pecullarly one of fact for trier of fact. Daugherty v. Sowers, 1955, 2.13 Minn. 572, 68 N.W.2d 500. Although intention of landowner to dedicate strip or hand as pnbllc highway must appear to exist ass regnislte for comunon lane dedication, It need not always exist in fact in mind of landowner, but may be as- certained front acts on his part which unequivocably carry with them the plait implication of inlcnilo❑ to dedi. cute n. road to public use. Anderson v. Ilil-keland, 1949, 229 Allun. 77, 38 N.W.2d 215. In ejectment against a city for a Portion of a public street, wider an Nbto 22 averment in the answer that for 20 years defendant "has been in pos- session of the property, and has im- proved and used the same as :1 pula- lie street," evidence is admissible that defendant "used and kept in re- pair and worked" Life street for 6 Years. Ifall V. City Of 'St. Paul, 189-1, 56 Minn. 428, 57 N.W. 928. On the question as to whether land has been dedicated for a public high- way, evidence is aduai:;Sible to show that it was for the Interest of the owner to have a highway at the locus in quo, and that he had petitioned for it, and had signed a remonstrance against a change in its location. Ellsworth v. Lord, 1889, 40 Minn. 337, 42 N.W. 389. 23. — Burden of proof In trespass for the removing of it fence, where defendant pleaded that the fence was in the highway, and that he removed it under ]its author- ity as a public officer, and plaintiff made a prinut facie case showing the fence upon his land, it was error to dismiss the action at the close of plaintiff's case; the burden being up- on defendant. Danielson v. Kyl- lonen, 1910, 111 Minn. 47, 126 N.W. •104. 24. — Sufficiency of evidence In action to enjoin defendants from obstructing roadway alleged to have been established by common law dedi- cation, evidence was sufficient to sus- tain trial court's finding of owner's assent to appropriation and also ac- ceptance of dedication by both public authority and public Itself by way of user. Daugherty v. Sowers, 1955, 243 Minn. 572, 68 N.W.2d 866. Evidence that defendant and pred- ecessor fit title acquiesced ]n use by public of cartway over their land for about 60 years, that defendant in cul- tivating fields protected cartway by lifting plow across it, that lie fur- thered public use by arranging to have grave] put on road.to be used in improving It, and that lie recog- nized validity of public's clalin to roadway by constructing a new road as a substitute for part of cartway 50 which be closed, sustained finding of dedication of cartway. Keifer v. Berge, 1945, 219 AI]nn. 374, 18 N.W.2d 35. Evidence was sufficient to esUth- lisla cannnou-law dedication of pub- lic roadway between separate tracts of hued. Metalak Y. Rasmussen, 1931, 18-1 Minn. 260; 238 N.W. 478. Evidence established a public road by common-law dedication, in that such road had not been abandoned. IIopkins v. Dahl, 1931, 183 Minn. 393, 236 N.W. 706. The evidence did not sustain the finding that there was a common-law dedication of a highway. Jungels v. Schraniel, 1024, 158 Minn. 93, 197 N.W. 99. In proceeding by plaintiff town to compel defendant town to contribute to expenses of repairing bridge be- tween the towns, evidence showed that road between towns was public highway by user. Town of Alt. Pleasant v. Town of Florence, 191.7, 138 Minn. 359, 165 N.W. 126. Evidence in an action to enjoin the obstruction of a road showed estab- lishment of the road as it public high- way by user. Town of Wells v. Sullivan, 1914, 125 Minn. 353, 147 N.W. 244. In nit action to enjoin defendant township from constructing a high- way over land owned by plaintiff, evidence justified a judgment for plaintiff ail the ground that no road or portion thereof had been used or kept in repair and worked for six years continuously as a public high- way along it section line over plain- tiff's land where it was claimed to exist, and that there was no public road on such ]tile or any part there- of. Orth v. Norfolk Tp., 1913, 120 Minn. 530, 139 N.W. 1134. Evidence justified an injunction at the suit of a private property owner against the town authorities who were attempting to lay out it public highway over the owner's land, on the ground that there was not at any thne a public highway upon such land. Kulkbrenner v. Town of Au- gusta, 1911, 115 Minn. 538, 132 N.W. 1134. Evidence did not show that a highway by user had become estab- lished at the cumnieucen,ent of an ac- tion at law to lay out a road. Town of Great Scott v. ltobiasun, 1911, 115 Minn. 247,132 N.W. 204. In an action for obstructing a pub- lic highway, evidence was hisuflicient to show that the place was a public highway. Town of Bellevue v. Ilun- ter, 1908, 105 Minn. 313, 117 N.W. 4,15. Evidence showed that the place of an alleged trespass was it public high-, way by both a common-law and stat- utory dedication thereof. Jeppson v. Ahnquist, 1905, 94 Mi,ui. 403, 103 N. W. 10. ,In an action for trespass to realty, where the material controversy was the existence of a highway, and the evidence was conflicting, a finding that there was no highway where defendants were alleged to have tres- passed held supported by the evi- dence. Arndt v. Thomas, 1003, 90 Minn. 355, 96 N.W. 1125. 25. Questions for Jury Where evidence is in conflict as to whether owner intended to dedicate roadway over his land as a public highway and whether public accepted dedication, ultimate question of dedi- cation is peculiarly one for the find- er of facts. Keiter v. Berge, 1945, 219 Minn. 374,18 N.W.2d 35. In action for damages for entering on plaintiff's property along a high- way and removing earth and trees, 1t was a question for the jury wheth- er defendant county, in improving a roadway acquired by user so that traveled surface was of a definite and uniform width, with ditches draining It and a j)ruper grade to meet a connecting road system, used more of plaintiff's land than, was rea- sonably necessary. Schrock V. llen- ncpin County, 1920, 146 Minn. 171, 178 N.11' 484. The evidence showed Mat, fron1t the time defendant's railroad was built, there had been a public high- way running at right .angle, to de- fendant's tracks; that soon after the road was built, the public put sane plank at the crossing, so as to en- able travel to pass; that defcnd:unt took this up and put down new nlanlc crossings, which it thcrcaftcr nlain- tatned at its own expense; that these crossings were on a line with each Other, and together with the higIlxvay Oil each side made one continain,is line for travel; that the road, irnclud- ing these crossings, was exieasively traveled by the public wilhont objec- tion from defendant; and that this was the only crossing in the neigh- borhood. IIeld, that the question of dedication by defendant company of a highway across its tracks was one of fact for the jury. Skjeggcrud v. Minneapolls & St. L. It. Co., 1S87, 38 Minn. 56, 35 N.W. 572. Whether a road has been kept in repair and worked for at least six Years continuously as a public high- way is a question of fact. Op.Atty. Gen., 373-C-13-B, July 12, 1935. 160.051 Repealed. Laws 1959, c. 500, art. 6, § 13 History and Source of Law This section, derived from Laws 1957, c. 943, § 6, related to the width of high- way bridges over railroad tracks. See, now, § 165.06. 160.06 Trail or portage dedication . Any trail or portage between public or navigable bodies of water or. from public or navigable water to a public highway in this state which has been in continued and uninterrupted use by 51 Subd. 9. Road authority, "Road authority" means the comn►fssfoner, as to trunk highways; the .county board, its to county state -aid highways and comity highways; the town hoard us to town roads; turd the governing 1)odles of cities when the gov ruing bodies or city, streets are specifically men- tioned. Inn rn •►rued and kept In repair and worked for ttC least MIX years coarntr+vumlj its a public'highwity,, tile,;iiiui�i i' i►ull 11G.`dl��lgcd dpdiente�l to the' public to thr. 'width • •nf rtwo:' rotlit oii'+ enchi sided of J tile: Ceutan: lilie thereof trod bu ''ever- heen established' m0a, [Sec main volitive for text of subda.,10 and 11] Subd. 12. Controlled access highway. ."Controlled access highway" means tiny highway, street, or road, including streets 'within cities over, front, or to which owners or occmpants of abutting land or other per•son>,s have or are to have no right of access, or only"a con troll ed'right 'of ,the easement of ac- cess, light, air, or view. Subd. 13. Public property. "Public property" means any property ex- cept streets, roads, or bridges owned by tiny subdivision of government, in- cluding but not limited. to, the property' of school idlstricts however organ - ]Zell, towns, cities, nuullclpallties, countles, and any board or commission of tiny .thereof, and pmhlic corporations created by this laws of this state. Amended by Laws 1973, c. 123, art. 5, $ 7; Lutes 1976, c. 2, 172 ; Laws 1976, '9i�'� ,.i.r�l.,l:y ;E'7 J,�f 1'ir •":..`.. •.. -... I.'f. I -�+: •. '.. ,•.1. 1. .:., � l.n ; _g1,19731Amendment. ,-Lawsl1973. c. 123. eludes" certain roads,as town roads and art.; 5. 1.7, was a general .authority per- use of'word "Includes" Indicates leglsla- mltting the consolidation of; the terms tive Intent that statute does not provide !tvillages" . and "boroughs" - Into, the exclusive statement of every procedure term "cities" or:the substitution of the that, may possibly he employed to'attaln term >"statutory, cities" for , "villages" status. of town road and, thus,, roads and for "boroughs.": - • , • may be .established as "town roads" 1976 Amendments.; Laws -1976, c.' 2, 4 through:a procedure not enumerated in 172 substituted references to the consti- statute. Jrl •re Maintenance of Road tution. Laws 197G, c. 166, 4 7 substitut- Areas Shown .on flat of Suburban Es- ed commissioner of transportation for tates. 1977. 250 N.W.2d 827.• commissioner of highways. . Any' attempt to differentiate between ' a "public road" and a "town road" op- ,erates to Improperly construe the more Supplementary_Iudex,to Notes incluslve',lerm "described town road" as used In statute giving county board jur- Public property" 11 " ' u :Isdietlomover complaints as to construc- tion or. maintenance of a "described town`road" and any such'subtle distinc- 2. Road or highway } t .,: ,:n +.tlon would be rejected. Id. It Is the right of travel by all the Under this section and 4 160.13 It Is world, and not the exercise of the right, the town,,board and not the electors which constitutes a road a public high- that 'have ''the authority to light town way, Quist v. Fuller, 1974, .300 Minn, roads. Op.Atty.Gen., 396f-2, Aug. 1 365, 22u N.W.2d 29G, 1960- ' " . County board would he authorized to,. 11. Public property„ construct bridges In places that 'they!,' Statute giving broad power to co+n deemed: necessary, and could require a,:) mr issione. of • highways to acqulre by - right of way for a bridge over a private eminent domain , proceeding , all .. land channel, constructed by a landowner "and property necessary to Improvement with the consent of the commissioner of highway trunk system gave com- af conservation. Op.Atty.Gen., 377a-1, t inissioner right to . appropriate- lands April 17, 1962. already devoted to public use. State 7. Town roads 1, rn; bylHead'v: Christopher, 1969. 284 Minn. ' Definition In Subd. 6 of. "town .roads" 233. 170:N.W.2d 95, certiorari denied 90 Is not all-inclusive-, rather, statute "In. S Gtt.i 6T0 396 U.S. 1011, 24 L.):d.2d 602. 160.03 Compensatlon for publlo property aw �Review Commentaries 1. In' general Advance land acquisition. June 1968, Compensation need not be paid .for 1 62 Minn.Law Review 1175. damage caused by relocation of a high- Rights of abutting, property owners way to a new right-of-way which ve- to freeway access. William Mitchell, sults In a diversion of the main flow of opinion, VOL 5, No. 1, p. 3 (December traffic away from property which abuts 1062). " 'the old right -"of -way. Recite v. State, nt 1974. 298 Minn.. 500.' 215 N.W.2d 786. 160.04 Width of roads j 1. Construction and application 2. Additional right of way Streets and alleys Inet Lid ed within a's In the absence of.specific Information recorded plat, which had been estab- township road established in 1915 would fished and maintained by the township' be presumed to be four rods In width for more than six years as a town road, ;. pursuant;to the then existing law. Op• should be • at least four rods wide. Op.' Atty.Gen., 377b-1, Dec. 16, 1966. Atty.Gen., 396f-3, Nov..7. 1960. 12 ;)71t 01. ti-7.7irst : c ass "secmlr under. Special Laws ,1885, s Chapter 1]0:' ThCs subtlit I�+lou ,,ill np)1'11 to roads at11(1.8treets except platted streets withhr,eitles. , Qu i ' l .:••ti, 1+ + + 1�:.. ya:rr :r r r;t I e: [Sea Malit volrnae for tC'A.nf aubd.'9J ..J,.: Aulended by Laws 1073, c. 123, art. 5, •$` r.7.. 1973. Amendment."' Laws 1973,'.c. ,123, public: use;" he ' must assert his right art.. 5.:J 7, was a general authority, -per- within a statutory period by physical ,mltting„ the,coriaolldatlon',of „the'_ternle action or suit,,Ad:''-':':.. ' + '•villages'". and "boroughs*"" into :the s, Where only road --to •iota owned by term "cities" or the 'substitution of,the , -plaintiffs and 'another mus road which .term "statutory cities",•fore:"villages" 'passed through plaintiffs' property and and/or "boroughs.',' ,+terminated at the other property and the Cross References; road was a public road from county road Privately owned:.•recreational.rareas'• to plaintiffs', driveway. the remainder of dedicated to public use, see 4.87.03.1 the road was not private property. as Recreational public ue,lanes..seJ.87.e•1[ 164' 't"'asserted' by plaintiffs, but was also a t15Re l [A'164•, ..public road. Leeper, v. Hampton Hills Inc..' 1971,'290` Minn..143, 187 N.11 2 765. If, for a continuous period of not leas Supplementary. Index to, Notes than six' years, a'portion designated on a pplat as a.road'had been used by the Easements by. prescription 10.6,, `1.`c publicand'in addition thereto worked .New trial 26 - and kept .ln repair as a public road un- der the' authority"and expense of the a<.,,.,1 Ipubllc authortiles,,the portion would be 3. Construction and application deldicated'aud ,established as a public ;.,This section, Jf construed, to lextend road pursuant 'to this section, and the public dedication of road; by, public use width,of such rr.2d'would he two rode W widths greaten than,tlrat,u['actual on'each side' of,the'centerline"without public use, results' in;;uneonstitutional ;reference to the plat and the so-called 50 !taking of property, without 'Aue,process foot dedication strip could'be t.laregard • :of{lu.tv.: liurfnecht t t:'1'own lid.?;of::Hoi_ fed Op.Atty.Gmt •:377a-4, Se it. 7, 19G1. Iywuod;,Tp.; .;t`arxer iCounty ,;,1975; '3114 6 , =-, JVaturp and ,requisites of dedica- A11nn.. 505, 232 • N,W.2d 420 .,, t "y rl, .Itlon •: , This sectlon:provides a atatute of,llm- r,a; PubitC ;it e. nee(I nut 'for period 'of 'Itatlons, the running ufrwhich,estgpslun �tatute,of_ll itationa for, road to be owner from. denying exiatence,Of, a;pub- �tledfcated:;to. yubllc'and al that is"re- IIc easement. 1, Id. :i, •lb..l qulreddle thut,clrcunnstances be such as Privately -owned land;ounnot,,beCome to, erniit;tl+e,inference clearly and un- public road;byadverse.:use beyond,Dur- equivocally.-Bengtson•v,;)'I1lageof,Aia- •Ilon'so-used'merely;by..&;statutory ,pro- rine,on- t,.:Crofx,J,197G, 310..A1inn..;508. 110unceninent to that effect. ild - t 246.•NAV,.2d,582, i • ' i. It is .the• right oNtravel b> all the 'A;;dedlcatlon•�of,,-publicroad resin tip - world. and not the.vxerclse:oi, the; right ri;:oit-.as,9ent and ;'not prescription and It which constltutes•a road n' public -high- -maybe made ;instanter.•:Id.,-, !way. Quist v. Fuller,''1974, 300,-Minn: ti,PresuniptIon:'of..publlc aocepptance`.o[ +365. 220 N.W.2d 296. 1-n, >,,. ,+.:'•d'edlcation•of;.highway ❑ray ,be drawn I Town board. should follow the- provi -,from! an actual: assumption of care and 'dons of , $' 164.07: in establishing ;a= 2rrod " 'control of an alleged -highway by public cartway as'a 4-rod cartway;.where,the.:: authorities by.,grading, working, :or cartway' had originally been .established -:. ,bridging upon. it. .Id.: pursuant to provisions of 3 '1G4:08. and i acceptance of dedication 'of roadway the -provisions of this section, ,would not. +by public' may'be',shown by user' by the In this instance be applicable. .Op.Atly. public,, as by travel or by acts of public Gen. 377b-1. July 19, 1963. 'i officers In, lipproying and maintaining This section In In the nature of a stat-the highway. Id• ute of limitations and Is not a grant of 1 Elements . of', Common-law 'dedication authority for future conduct.,:sOp.AttY• bf roaNvay'are the landowner's' intent. Gen., 396f-3, Dec.: 131: 1960. r,L' :::.:r1 , . express or implied, to have his land ap- Dedication-In general'' i'`:;,:'e1:+. proprlated and devoted to a public use Public road may be established by and an acceptance of that use by the user, by statutoryry dedication or by'com- ;public. ' Id. moo -law dedication. • Bengtson vi YIi- Whether'a' ark' of 'a city street which la a of Marine on St: Croix :A976 ,310 was tinppladed had -been dedicated by B ,, r;,,., .,user' under - the provisions of subd. 1 of inn. cab, n y* public b8'l: thts''section' should be determined by -stiDedication by public use ourin 10 ac- the occurrences' since theaddition addition of tual tonally exceed the amount o[ ac- 'the last sentence of Subd. 1 by the 1967 foul dedication. ,Carver- ot. Town 175. amendment:• ••Op.Atty.Gen., '59-A-53, of Hollywood Tp.,' Carver County,: 1976, , , . ., 304 Minn. 505. 232 �N.W.2d 420.' April 1,9, 19G5.•; This section. ctun'operate to dedicate'a 7. •r- Time ,requlred road only to extent of actual .use, over - Under this: section a road Is dedl- the statutory, period. Id.:. , :•d , ! cated to .public'. to the width of tour Dedication. , resulting from adverse rods. It it, has; been :used, repaired and .public use of road arises from fact: that worked,,by the'yyubft. for six continu- the use gives owner notice that, If he otts year's. OP. tty.Gen., 377a-4. June means to dispute the rightfulness o!r i 26. 1962: 13 § ; 160.05 ROAD&, ENERAL -PROVISIONS g. Effect of dedication pany 1t Is doubtful if village fi :au- " I:ven though there has been corip►i- thorized tolensa' such' road.. and Day ance with this section, the right o{ Dub- rent.;for its use.-.,, Op.Atly.Qen.,!, 47if, lie In and to a road is that' of an eahertt Seppt 17 1862. `- '-0i' " nient only: and the abutting ownertrevArr.StreetaIaod• ailsys included wlthin, a talus the fee ti�lls to the center _91it recorded. pplat wltich had .Veen . estaU road'subJe-er-ET-the rgnt4kllahed''and'maintained by'a township use any thereof as :may be ;ia for - more • thatn six. Years :could .be,va- necesnary In the Improvement ,of • tho,,'' cated as town roads under, the provi- blghwa for public use. Op.Alty.Glen2;4''f lslons'osectl6ii 164.07;'but,'It'not'va- 377b-10 Nov. 1, 196t.:; i ':,+'lrfl'!cated, the:town,had a•duty to maintain 07. 10.5 Easements' by prescription•i;l!:. Il;.�ttheA y.Gunden,' 39Gf 3,' 'Novi, and 1G4"'I - Where there wan open, continuous{iOp,Atty.Oen:; 396f-3, Novi 7,0E]9G0.1( .c, 'visible and unmolested use of portion4ot 7 lg'.''•:Usert'of'`road!,'• r++` Tom, 'lot' ds public road,; for,:, more:-than.-151ifii tini•mandamus,actlon, to, compel, town years the public acquired an easement a members of towns board of'super- by the prescription and Its right Couldf, visors .to remove obstruct Ion,;from ,''or not be divested without public consent wa8 at , road i h plaintiff astatua or operation of law; '. tax •titla"convey-1 once of burdened lot to owner of ad- ,;; tory use evidence sustained , finding Jacent lot did not terminate the ppublle i„ that an main tonance=-work performed lrIghts in road. QQulst,v. Fullert,1074,f;8UU 4- on =roadi-duggrinKK the period, in;• w1►1ch i Mlnn. 806, 220 N.W.2d 206 I,1; :red I ttabllsthedahaflebeen p rtormed rgyplaln= 11.• Repairing and working of•road .' :, i;'tlff'for,'hls personal benefit..;,:Moritk'v. -.,.Under this section Win not neceanary Town'of. Burns, 197E 292•'Mlnn 166;' 193 ' that every part o[ 'road be worked at I r 6201 _ government expense:or• that;any, :par, , ,rW` laintlff who -contended that,road`waa 'ticular part receive attention every.year ,. a public road, dedicated' by' statutory !of the six -year period.. Leeper v. Hamp-, I` user'had burden of proving that•::town ton 'Hills., inc.;' 1971, 290'MInn:A43,, 187 ihad::worked the'road ilkept lt•1n: repair, N.W.2d:766, ,I 1,%'t "i ' t:, +! ' tt or authorlxed� use,i'obi Public ;funft,for 126"1 W166 of road ' "+,' l .- y, il+ 1' thAt ,Uurpose, buG`plaintiff,was: notire. Boundary of public' hlgh%vA�.!acquired quire to 'show, that the government liy. public, use Is question of fact to be, worked' every. part , of road during' the ,determined by ,fact finder:;' Barfpecht.v; six -year' statutory, period, d, even that Ibtvn Bd.' of. Hollywood ''Tp.' Carver it"worked•"somA)part of -road eery?year County, ,1075, 304 -Minn `_606;ii 232 W. W.:, during: six,years.. Id 2d 42tt. ;;, .; 'To' Drove ,-dedicatio`n'`of! ptilill6 i road Width `of prescriptive., easement Be- ' 'by'stntutory user; one 'must show'`that qulred by. public use of. road, is not lint: for period of six -roars continuously the .1ted to portion of road actually. trai•eled public` used the rond and' the govern - and. may include shoulders "and, ditches ment kept'itin"repair•, ld.''• that are needed and hate actually been fir' One can establish publle,user of!road, used'to support.and;,ma tat the Gav- by showinqf�+tlint,it comptiratively.ismal► eled'portlon. Id.. ,'k�r.`"P'' ` '',', .; Inumbef:•ofl•persone used =the road fro• : A.town.has the authbrity.,to'reqqulre Isix'yeara'Contlnubuslyn:ld.- ;,_ the 'removal of fences or' Uees'1vlthin -4-^1'6r,plYr0l)Aes.of%roadslbeing',dedicated road limits If the usefulness of lf"ie road . t"tryppuilllc;'public, 'lraer rhay;be-eat"blished for public travel would be Impalred:•:Op ; Illy iicomparatively'small nwnber.of er-, Atty.Gen., 377b-loJ, Nov,'1 ,1961. ' sonsLeepet' v'•Hanipton Hllla.,;lnc As an IncWent of.his. fee`Aitle; td`the .-1971 290:•lilnn. 143;,187,NA%%2d.7G5.' center of the road; 'the -abutting, owner W!1':vldence�Bupparted'tlnding, that trail is the' owner, of tho''trees, hedges land iiassing,=_through -plaintiffs' property, was fences on and along the road.' Id.,s1.(�a dedicated. by _user, tu, public,,and, there- - relor to the enactmentJof+.thls:sec :PYore beennle>a ptihlic rond prior to.pplain tlon'-the width "of' -'a 'road't.acquired tiffs `acqufsitlon of .the Property, in'ac- through-public use'waa'meaaured, byAho .` 'lion bwplointiffs:to recover damages for character and the extent'=o[ : the: uPer trespi�sa, and. unlawful i8pproprfation••of Op.Ally:Gen., 377-a-4, '?ic G"7; 19G1. '!land'On' ground •that thw1raili was their Where road wan acquProd lbynppubllC ii•Ivstetproperty: Idar'1 + i., 1 ' ; i,i user. and subsequently the':road• deslg >'`•Under!revldence'''ahowing .lthat' :road lnaf6d"4ii'a"county4state'61d'•;highwayl •derved-110 homes In".area.,whlch.received 'deBignatfont''as county -state gId;,'-high garbage. and refuseAfig posal"service pro - way, would •rot =Increase -;the' w 1dth of •.vided -by vllldkei, they trial court .did .not the road to fiG feet:.:`Id i I 1r r , i+�+�a ':3otiniiiilt; error'-In'.determining'that such 17. 'Obitruetion of 'road! i "" ri t`if"i `''road%%van a'rublic road: an a- matter of Where two rod road, had'`.Ueen,?uiai+d 'r.tlaw."Trehnicic v. Gordon 19G1; 259 Minn. f.and 'nialntained for over six'years'thln 11GTwIcAtablimh's road nn.'a=publlc.roh6, section. would deem the,1•oad dedicated IV'ls'necessary :not only to•ahow.that to tile public to a width of two rods on road was kept in repair and worked In either side or the center line.' but "excess'of six yearn, but also that there ,town board would be obligated ' a to DaY ' iwas'a pulilie userfof• road. iAd.• for Improvements .which wore',taken oil The stnUUory, user •provlslons<of; this the outer one rod. ; OP.Atty Oen , 877a�4: sectlon do not:'apply; to cartwal s ':.Op. ,Sept- 6, 1962. s` , s.9t , Alty.Gen..' 377b,,1,,, Dec 7G, 19G6 t 11L ':V cati ghf 1 nd wrthlna's dry: hail '22. ! Evidence, „ • i> formerly been a "platted street'.' which Common uner.by public le werY high - had been vacated, , the land,,could , be est kind of evidence � of . public accept - claimed by. the' city: sec, a, dedicated ance; of dedication of • highway. Tl^.nit- streetr b user if the'.requfretnenth ,of son v. 0-Minn.VIIILLge,;of Marine.8'24N.W St: 2. x, "Build. 1 of this section -were met. PP. 1976,1 608; 246:N.W.2d 682.: Atty,Qen:, 69a58,-Jan. 13,y197T t ,,, ise;rdedicationas,';.of pu))Ii:•iroadh public Vacation of road. after 11977expiration',`of • -1tse;,such as 'fora public road, . may he two years from date of order Changing Implied , from 'the circumstances: of the road under it 160.09,did not,peevent toper- in lvidual case;; I bwever; intent,to ded- ation of six year user htatutel ' Op.Atty, ieatel4bust -be, shown. , .Quist v, Fidler, Gent 377A_15, Feb. 28', 1963.' `S ' ' •1974,'800 Minn, 865, 220 N.W.2d 296. .... :.,i . e,euet ..:.on: 9a_ Sufficlenev �ef evidence ROADS; GENERAL TROVISIONS V 1GO.®H to recover reasonable value of Impro�e- which he' made' ld public toad which ments which plaintiff had made on the crossed his property.., Id. road which crossed his property and 26• New trial " r which led to other properties. Bengt-, Where motionfor new trial whs,ba'sed son .v:': Village of Marine on St:' Croix, solely on ,newly , discovered evidence and 1976; 310 Minn. 608, 246 N:W.2d 682. 'dld .not. question eonvtitutlonallty of Trial' court's findings may be held taking of roadside , property. constitu- clearly erroneous, notwithstanding evl- tlonal Issue was,not within scope'of Sit- dence to support such findings, If re- preme Court's review .of' order denyingg viewing ,court 1a left with deflnite' and that motion and, where plaintiff etrtted ;. firm conviction that a mistake' has no ground for a new trial as to inJunc- been made: Id. " tive relief no question ".of . law was ' "' Evidence' supported finding that vll- raised. Schaust v.„ Town Bd. of Holly- lage 'had'not Impliedly,,contracted • to wood Tp., Carver' County,. 1973, 296 reimburse.,piaintiff,-for Improvements, Minn.;571, 204 Xjy.2d 646. 160.06.;' Trail or'portage dedloatlon J• ., 1 Crdsi.•Referencei have the, effect of automatically vacate Inapplicatlon of this'eecllon io.ctertaln Ing portions of.the old road that would 'canoe :routes marked'. by State .see;! not be; used and, Ili. order to have any 86.32. "" :` ' ' pportion of,Lite old _road revert to. abut - Privately , owned..' recreational areab ting ownere. procoodinga, under j.160.00 dedicated to public, use,.Bee ,4 8703 , would. be required.. Op•AttyiGem, 377- 1. In general 13-10-K,,Deo._ g,aQGO,• The adoption of a . resolution by a lown:.board to alter a road ,would 16007,41niprovements within,or without boundaries `rond authority ofiany"eotutty, tmiil' of clty� 11111y;,06froprinto land V.f jMid,shch,.rca4onable''antns4, ag, It nllty dt1etii:;prnpci ,to_;nsalat lit the Iin1wore. mcut.aiul"mulutennnce of mud+i bl•Idgcir, or ferries 'lyhlg.' bc�;oi l'the boiindl cry of nud .Imu]Ipg,litto.ench' col sty; town or city,:,. , ;;f' i ,., _ r"0111 ;','", Amended by Lairs 1073 c.'123 art "1973"Amendment. Lawa;,1973• c."I2,3, Under subd. 6 o[ 4 165.07;: a county art. 6, 1 7, was a general authority,per- could not expend county state -aid high- mltting the consolidation of the terms wayjunds on an Interstate bridge un- -'i,.' ".villages" and "boroughs" into. ithe less It,connected to the: county slate- terni-',citle9" or the substitution of the aid : highwayy: system, ' but the..:County form 'statutory .cities`" for "tillages', board would., not be .so, restricted with ;in it/or,.,'bdrougits." reference to•.,county, road..and bridge 1. Construction and appllcatlon - funds. ,Op.Atty.Gen.,s 642b-7 June 29. A city. could expend funds for the 1960. ntafntenanoo of a town road and bridge 3. Towne l" providing access to the clty'n dump '; The town board' could use, funds for grounds,: oven though there wahino''dl- ^' construction and maintenance of roads rest connection between the town road leading Into the sown,, where the road and the cityy Op.Atty.Gcn., 69-A-53, formerly was. before annexation- pro - March 10,! 19G4L; ; ;':: ""' '"'eeedings• a portion of` the town.i Op. Atty,.Gen , 442a-21, July; 25, 160.08 = Controlled ' accesO' ' "Subdivision' I. ' Plans:;''The' rdad"I`Ili,thoiitiek. of file r;tlltc, counties. or cltivx, acting"Pilo ithntt';'i'oi lu`'coiija+rittlon. ivi'th:u (,nth, othi'r,,.or, }vttll, oily' f/ah�ltil alin'uf�; or illth`ntij`, IW:subdli'im,io'.(i)f till otiler, ,state hav- ItlfhIl''iu imtrnctIoh or III.,, ctlaiicay" a re'iiittltoi lull to ldliil' fur"thi+•'iht�fi�iatton; 'tlBtablinli►ijf•lit, locatliiu, .rdocatlon, hujlrtiei'ui@ut,' and iutcliiinc( IiP.. cdlitrolliid noels higlilvaj`g 'for ptihlic iisc whenever' the"road' it ittItorI,tlostlet`i'rniUu that h•iiffic cou(ltlouv, itrescat, or fhturc;,will Justify 4uch'hlKhwal>i, i 1 .Build. 2., Repealed by Laltb 1000, C. 312, j 8, off. May 8, ]i)OD. [See inane voluutc' for' -text of subdst 3 to 7] Amended.by!Laws+ 1073, c.'123,'urt. 5, § 7.­" 1973 Amendment.' Laws 1973, 'e:• 123;` "'Opinlon, Vol. 6, No, 1 p• 3 (December art. 6, 4 7 +vas a general authority per.-,i! 7962). ••i i.' ' "'' mltting the consolidation of the terms. . 1Condemnation ' "villages" "and " "boroughs into' tile' : e ' While the. taking of an abutting land-' term :!cities", or ,the substitution of the ;j; term 'statutory cities'• for '-villages- owner's "direct 'access to' an existing and/or "boroughs." I;,,,s;'. <' t 1':'highw•ay, Tis :constitutionally compensa- Croea References ble, compensation need not. be paid. to a Approval, of hlf,-liw'ay protects .by nonnbutting landowner for damages. no Metropolitan Council 'see ¢ 473.16T." w, —different In kind from those suffered by Bus lanes required on freeways,:, set the general public, resulting from the 473.1 la closing of Indirect access openings to a Routes 'through "hiunlclpalltlee;' Bee,i controlled, access highway, which causes 44 161.171 to ]61.177. the nonabutting landowners and the general public_ to use a more circuitous Nana { r vws 21. f L I,4~% lwal, t\ 303, H "1", 61. lleu.BL.tf113, §§ -1t;3, _1ai:L l.awx .1S7:1 c.:St. j i' 76, 77. Gen.St.1878, c. 13, § 47. Laws 1913, e. 235, §§ Itev.Laws 1905, §§ 1197, 1105. Laws 1877, C. 50, L Gen.St.1894, §§ 1832, 1880. Interim Commission Comment, 1958 No substantive change. Cross References Notice of dedication, filing of, see § 117.19. Occupancy of public way as giving occupant no title thereto, see § 541.01. Right to overflow, obstruct or impair highways, see § 110.16. Town roads or cartways, dedication, see § 161.15. vesting in state or rights, etc., dedicated to public use before road is taken over by state, see § 161.18. Law Review Commentaries Highways, establisbment by pre- scription, interruption sufficient to prevent. April 1923, 7 Minn.Law Re- view 418. Notes of Decisions Acts preventing dedication 10 Burden of proof 23 Constitutionality I, 2 Construction and application 3 County line roads 15 Dedication 5-10 In general 5 Acts preventing 10 Effect of 8 Nature and requisites 6 Requisites 6 Revocation 9 Time required 7 Defective or Incomplete proce to establish highway 14 Effect of dedication. 8 Establishment of highway by authorities 13 Evldoace 22-24 Burden of proof 23 Sutliclency 24 Jury questions 25 Nature and requisites of dedl 6 Obstruction of road 17 Plats 20 Questions for Jury 25 Railroads 21 Repairing and working of road Retroactive operation 4 Revocation of dedication 9 Section line roads 16 Special laws, validity 2 Sufficiency of evidence 24 Time required for dedication 7 User of road 19 Vacation of road 18 Validity I, 2 Special laws 2 Width of road 12 Library references Iighways C-1-17. C.J.S. Highways §§ 3-24. edings . I. Validity Former section was not Invalid, public and was not unconstitutional, as de- priving one of his property without (hie process of law. Miller v. Town of Curium, 1800, 42 Minn. 391, 44 N.W. 127. cation 2. -- Special laws The act entitled "An act to legallze certain highways in Ramsey county", ", Sp.I,aws 1879, c. 226 was applicable to the highway in controversy, and was a valid and constitutional exercise II of legislative authority within the principles laid down in State V. Mes- senger, 27 Mlun. 119, 6 N.W. 457. State v. Bruggernnan, 1884, 31 Minn. 403, 18 N.W. 454. 40 11 �,,.,.,•� -&oho, c. la v-L, was mrenae to legealize and establish as a public highway an old traveled road extend- Ing through several towns in Dakota county, which had been in use by the public for several years as a common highway. The act was a public and not a private law, of the passage of which the citizen and courts were bound to take notice. The enactment was not In violation of the consiltu- tional provision (article 1, § 13) that private property shall not be taken for public use without just compensa- tion first paid or secured. State v. Messenger, 1880, 27 Minn. 119, 6 N.W. 457. 3. Construction and application Former § 160.19 was not exclusive and did not supersede common law dedication of highway to public use. Bosell v. Rannestad, 1948, 226 Minn. 413, 33 N:N 2d 40. Intention to dedicate land as a high- way may be inferred from owner's long acquiescence in public use of his hand as a highway, his acts in further- ance Of such use, his recognition of a need for the highway, and his rec- ognition of validity of public's claim to the highway after it was used as such. Keiter v. I3erge, 1945, 219 Minn. 374, 18 N.W.2d 35. Knowledge and assent of the owner, whether known or unknown, may be presumed from long continued unin- terrupted use by the public of the `c roadway. Metalak v. Rasmussen, 1931, 184 Minn. 260, 238 N.W. 478. In an action for trespass on plain- tiff's land by highway oflicers in at- tempting to improve a highway, where It had been determined that it public highway had been acquired by ad- verse user, but it was diilicult from the evidence to find the boundaries of such highway, the cause was re- manded for further proceedings to de- termine such boundaries. Arndt v. :I`honas, 1901, 03 Minn. 1, 100 N.W. 378, 106 Ann.St.Itep. 418, 2 Ann.Cas. 972. A road which had been used by the public, kept In repair, and worked by the public authorities for more than 10 years was a public highway, with- 41 In former § 160.19. Elfelt v. Still- water St. R. Co., 1803, 53 Alban. 68, 65 N.W. 116. Former § 160.19 did not supersede the common-law rule as to dedication, under which user by the public for no particular time and without keeping In repair or working the highway may establish an acceptance. Klenk v. Town of Walnut Lake, 1892, 51 Minn. 381, 53 N.W. 703. The owner's intent to dedicate land for a highway may be presumed from Iong-continued uninterrupted use by the public. Id. If road has been used and kept in repair and worked for at least six years continuously as a public high- way by the town, it Is a public road. Op.Atty.Gen., 379-A-2, July 12, 1935; Op.Atty.Gen., 373--C-13-B, July 12, 1935. Former § 160.19 had no application to municipalities. Op.Atty.Gen. 396- G-4, Feb. 16, 1950. Where a "road" as defined in former § 160.19 was established, such facts standing alone did not put into opera- tion former § 163.17, relating to town roads, since latter section applied to road established by administrative proceedings. Op.Atty.Gcm., 377-A-11, March 7, 1935. "Dedication by user," as defined In former § 160.19, applied to road wher- ever it was actually located, and had no reference to town lines. Id. Former § 160.19 did not apply to trails or private driveways. Op.Atty. Gen., 377-A-4, March 7, 1955. Rona established prior to enactment of former § 160.10 was not subJect to the provisions thereof and was public highway only to extent that It had been traveled an(] used. Op.Atty.Gen., 377-A-4, Sept. 22, 1053. Former § 160.19 did not relate to highways within a city or village and could not serve as the basis of a dcdl- cation by user therein. Op.Atty.Gen., 390-0-4, April 10, 1953. The United States, which was grant- ed a right-of-way by the state over certain state lands for construction 11111 �` ` ` , it, i� 11�;Ii ITZ -K -AxUVISIONS -Z 111ii- 7"W pet d j h 160.og 4jjjZ 1, 0 01-ithe made % t crilased, h), I d -public. 201) Perty. Ow teliki, -P Z engt 0 ion. Id. a, .4115 ix.1 Mere hoU, I w.Zd SR? acifely 131tir neu. t -7- rjal *,U XW . . . . . . . . .•. 07 4F,�,Jtaj 1, i- _T172, �_ 320 Z '12:0 4 J tr All .g, Si4 pmuse 14 Crass Referaereces of autoubatlostRy vaaft I t. Start-.Tzry r--er "s sect an tO.certa.M "of, I= NA" Inappucatfort of this Ve the Aff vAl, of mad to canoe rotates m ;ng'Pordons a the' Uri Lk" Uhq6ed h" been a _pWorrned b 85.32. marked: by zeculca ift Ls not necessary XT Pwn- lc� state, road that would • 3`10C be used japd.lfi,order to have, that &rerY pan of road fie worked at "If for hLff Persona, benefit ritz v. Privately, Own aria voaionOf,the old road rever to abaunt� government expense or dedicated to public regreatlonal. 1: Town or Burns, 1972, 292 Minn. 165,,193 Ung owneri,pizceangs,:under j 16o.op that any, par- 'N-W.2d '620.- t1cular P,muso.,, see'j' 87.03 Would. be" requIrid.. receive attention ever I'laintifftvilo contended that', a of the a t race Year in general OP.Atty'Gen, 371r lye q adoption D;k1960j r orlod. Leeper v. Hanip- road,was ..th ' ;'. - ? .-I ' .'_ x a P a Public road dedicated by f F Iton Hit Inc.. 1971. 290-Minn., 143., 187 user had statutory t6wilk.,board tone Iftl a? S, . �141 1 0 .,&,.resplutlon N-W.2d giroad �would,not. Hills, 65. had, burden of provinii that.town n, I �7 worked the road '12, or kept t In repair, Width of road authorized Use. of PUJjJjC funds. for .160.07 ArnprovementS Within-or'With 110tindary of public highway "Cqt I tired calfred to 81 Out bdindakle's V, that purpose, 'but Plaintiff was not,re- ti"by Public use Is question low that the 1'*1(')'jId ileteritifile(I by fac of fact to be 1111010rity f 1.4 ,J. JlltptAltrltlfC arid CX4 , government OW11-dr, eitv� worked every I. finder. Harfnecht v. I,d- Of Hollywood TP Part Of road during the ;11111'silell rellsonit Town Wol"e. N.,Vr .rve It worked some Plirt of road every Year melt" l 11' Of -��ad. A)jel� `VA Or-ft 2d 420. h2 during I I cotinky. 1975 304 Minn. 505, Ca al"'ear st"ttitOlT. Period or even that it"Id Ividtil of P ary of and leadfiik six years id. .011(1'tile bound. To prove dedication 'of publiq re8criPtive easement He- by road Coun. y, loan .pity 1; -1, 11: (itilrod by Public use of road is one Must. allow that d: by, j,ft%j.";,1973­:('!.,'j2;j.r. statutory user, art:i 5 J, lied to portion of I-Oacl actually not lim- for period of six i'Cill's continuously the ic"211. traveled and May include 8110"Iders and ditches Public Used the "call find en Admi t art. G.A 7. L;Aws, 1978.1 C-193,"" . Xilder, subd.i� 4,a eneral alit46ritY, per.. Could -not-, exp a 'County that are needed and have actually been One call. establish knitting tII6, C end icounty eta men[ kept it In repair. the govern- Z. used to support and to. Onqq IdatIq'A'.,'o( tho;,terme te-aid high. ,maintaill the 11 public -ume ad Yfliageg" and' wAYof4rkds,,on1 AniJinterstate bridge un. Clec, portion. ld by showl? ,,,r Of,ro If`tIlitt", conipars, ely aniall 0 hit . 0;, tile'. tile Rubst"tiOlit Ot'tbe,, al higll%%.& ilt-iCtln�ectedoto:<thoi county state.' persona used the road foi. term �­Atatutory',citle Six years continuously. ld An -,­ � tit :-IlYbtem.:,,but � the, county Lilo removal of fences or trees within Por Purposes or road being dedicated A town has �htl authorlty' 0 Pei' 8, to r,quf�e 51 for 'Nillakes' boUd. , woufft not, be, 4so. � restricted with road 111"Its If the usel"I'lless or lilt) road ed t,:..'j iit i-refe for lijilillt, trayol AN,(wjjjd bo I,%, vor -borougba reference tot 111111110, 111111141 11hur lilt%), Ili, 41titIll to-,- county road, and brid Itirod, oil, _p Alsilild 9% an June 23. city could exPOIlk funds for 1. e 1960. i�,, AM�,0011,, 37111. 103, kl%% 1. V01111 %%till 111111111t,.p of J,ep- A,% III% h1k4doll. of �114 roe 140kim. Lontirke V. 1-111111ptoll 1011 It 11 Is.., line tel"Ince Of a town road and bridge 3. Towns:.; t101"(011 (it them "tI0 to 010 1071., 290 NI.Inn. lad. the abuttilitz ox%.Pf,Ilor 1', 143, 187 N'.\\' 2tl 765uld'use funds fur sad -maintenance of "346119 mvl \xk, gkv 1�1MINtIlAy \Vdm where the road mv lit �% 1,ire tta et w u "St ki'6 %he 'ekIbLet'llent Of thin sec- fore 1) her tO 111thlic and there- 1 Rq, annexation pro- - . , I : tIOn the width tiff ' became a public road prior to Iftin- •off the -town.. op. P, ujy.�. 1960. 1 vl...... through P11I)lle "me )VA" 'Miliolirt)(1 I)y till) Its, p1liffitl(fN to recover i Of a road acquired tjo 11eq%ilsit loll of 1110 proilorty, r1i 0111OL71 kill and the exlellf, of (110, User. it litillilites for OP -Al. Y.C;en.. 377-a-4. Sept. 7. 1961. 're"Pamm and unlawfill apProtirlation or AVIlere road AlInd Oil ground that the trall,was their Was acquired by public Pr,%. Uncr LOW millismuently the road deflig, OtO IwoPerly., fit. an . . . . . N1Jj((jz11l'jjjtjjV01f1(%m' or .rill' Under - 1 -1 Haled an a "011"IY-111ate itid highway ider evidence sh I elti t r Ilk ()Ili, - (,1*- 11 e()j)jj0jiitjq r e Ow nf I - tit enell. Ot wr or j%-jtjj jjljy: de-signatioij a rved 10 hoilles let a which at road n '%\ I I . , ­ , 1, � . . Abli ".f., . I �'I'lixiii;i onotilow -ittite res. W as coulso-siate aid high-- It received d -11 Ji waY Would rot garbage still refuse disposal service pro- increa e the %%,i Ith of vided 11Y village 111� filith(irif 1 1 hav- the road to 66 feet. Ids 6 i oil the trial court did not 17. Obstruction of road COMIlift error 111' determining that stioll fi road Wam it I)lll)llo roittl Als a. matter of Where two rod rued had been 'jjncd law, Trohniric V. Gordon, 1061, 2G0 t'. till( lie, , and maintained for over mix years thin A111. 100 N.111.2d 622, section would deem the road dedicated To establish a road [in it Public rond. It C 0011dit Oil rpment, 6r t?, 1110 public to a Wldth of two rods oil It In nocomilary not only to show' that e Cher tilde Of the center title, but a road was kept In rcPalr and worked lit ti )d 2.- town board would be obligated to pay excess Of six Yearn, but also that there lliC�00,-'iiY L.A%V'10060,',e' '96.1fa, 8 for improvements which were taken oil , , i. 1. !. . ., Ir . the Outer one rod. "'"jLheasitlautblin user of road 12.1 OP.Atty.Gell., 377a-4. t d., F Itory user provis'lon Sept. 6, 1962. a of,this j ee-flialh,follonc,40 i; eXt-b ;8 d4 8 J61),110 !",H : .1 , section do not apply to cartways. op. , ..•Li 11' , 18. Vacation of road s Atty.Gen., 3771-I. Dec. 16, I966. Amended by.i�,awj(,1073 'e0�123,,;nrt05`§l7A ],',van though land within a city. had 22. Evidence ­1973 Amendmetit,.'':Law4!�197,3,,I:i�'!:,123,1.i''l: formerly been a "platted street" which Common user nion; V61.-I"No, 1. P. $1 (Detiombert the land kt� per,- 062).", had been vacated, Y Public Is very high- art. 5. § 7. Was a general author ity tl; claimed could be eilt kind mitting the consolidation of the ternis li street by the city Of evidence of Public accept - as a dedicated anco of dedication of highway "village#3".:,aticl,:."boroughs". t Ahto, ;Conderimatidn"ili" by user if the requirements of Ben t - term.,'!ci Lies",, or., son v. Vlllige of Marine on �t. Cr'olx, the, substitution N.N'hile, thil, t4LkIng-,qf at) -abutting land - of, the qf; of this section were met. op. 1976. 310 Minn 508. 246 N.W.2d 582.i tern "�katutqry AttY.Gen.. 69a-53, Jan. 13, 1977. cities" wner'g "direct-acidess" to' an for' "villages" existing 51" A dedicatiot; -of land to the public and/or borou Vacation of road af'er expiration of -monstItutionally, compensa- ghs.-t.; N,:ik it., iii;(highwayols 1: time, such as for a public road, 11111Y be Cross References ble, compensation need not, be paid. to a two years from date of order changing I Implied from none,butting landowner for damag6si no road under § 160 09 did not prevent per- In If ideal .the circumstances.of the Approval of hilliway projec 8, b ne 1111,1e'�§ 471.1 7. Y14f,-diffeyent. -in, )dnd fromi,those suffered by alien Of six Year user statute. 1 0 its Case:, however. intent to ded- Metropolitan' Cou Op.Atty. scale Must bo, shown. Fuller, jrequIrq�1,qn,;&ewaYe;l�,se6 -lit, I a., gelit; a. 4bllc�..,reoulting from the Gen.. 377A-i5. Feb. 28 Quist v Dus th I 1963. ': '... cooing of. ]nfl] A974, 300 Minn; 365, 220 N.W.2d.29G.", jjk,,U, 6_,cIV rect4c6ess openings W4 Where road upon anti Parallel to 24 Sufficlencl of evidence Routes th�.�u idftlbli,"S�e­ ""controlled i acceas,Jblqhway, which causes 473.i6ii.ne' road right of way rat!- Rou cerses LIvidence (11 not support finding t 1.l77.,,:j'14 to be trunk %11 highway and reverts to railroad conk 161.171 o-16 Is . nonabutting .: landowners and the Evidence was not a that Public roa(l. In a Law Review Comments enerol liublic-Ita'und,almore circuitous effort Commentaries 'iu.i.n1eltnil Of h 14- Rights of .abutting 'Oroptdriy' 'Ow'ner's Inc. State. Dept. of. Highways. by Ighway, iaccesa;..;.Courteaus. to freeway aceess. William Mitchell, :,�.Spannaua,1978.26STq.W.2d66.: