LS70-13 r
Form #5-68 f LOT SPLIT APPLICATION
CITY OF FRIDLEY
FOR CITY USE
APPLICANT: Duffy Lumber Company Applicant's Name
REPRESENTED BY: James N. Neilson, Atty. Lot Split # 70-13
ADDRESS: S39 Pierce Anoka 55303
>1 Street City Zip Code Date Filed; 10/20/70
TELEPHONE 4 21- 2 3 4 0
H # Fee: 1 •0oReceipt #13108
Home Business Council Action:DfLtm!,
° 118 E. Main Street, Anoka, 55303 - Tel. 421-5151 REAIiKS: -�-�
PROPERTY OWNER(S)_Duffy Lumber Company
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Property Location on Street
or Exact Street Address (IF ANY) 7969 E . River Drive Fridley , Minn and
w 305 Longfellow Ave. , Fridley, Minn.
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Legal Description of Property:
Lots 6 , 7 , 8 , 9 and 10 , Block 6 , Spring Brook Park, Anoka County,
Minnesota.
Reason for Lot Split:
To divide Lot 8 due to the fact that a portion of 2 structures
were erected on Lot 8 about 1960 and 1961 .
Total Area of Property
______sq. ft. Present Zoning 01,a-eojfj6afj-6
The undersigned hereby declares that all the facts and
representations stated in this application are true and
correct. DUFFY BER COMPANY
DATE:
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By: 7V _
BCW FOR CITY USE ONLY (Se♦ reverse side for additional imtrUtiso
FLATS & SUBS: Date of Consideration -
Remarks:
PLANNING COMMISSION: Date of Consideration -
Remarks:
CITY COUNCIL: Date of Consideration
Remarks:
1 .
3
LOT SPLIT APPLICATION PROCEDURE
1 . Obtain application form at City Hall. (6431 University Ave. N.E. , Fridley)
2. Return completed application form with the required sketch of the property
involved and the lot split fee of $15.00 for each original lot being split.
3. The application will be submitted to the Plats & Subdivisions and Streets
& Utilities Subcommittee for recommendations. This Vommittee meets once a
month, when required. The City will supply the applicant with minutes of
the Subcommittee.
4. Following the Plats & Subs Committee recommendation of approval, the owner
must then obtain a Certificate of Survey on the original parcel or parcels
along with the new parc-:e ,,.reat- w.•!i al'. -xist.ir4r, strucr.ures tied in.
5. The Certificate of Survey should then contain a simple description of a part
of a platted lot or registered lot and be filed with the Engineering Department
for Planning Commission recommendations. The Planning Commission meets on the
second and fourth Thursday of the month. The City will supply the applicant
with minutes of the Planning Commission.
C, The recommendations of the Planning Commission are submitted to the City
Council for final action. The Council meets on the first and third Monday
of the month.
7. The City Council, approval may be subject to certain stipulations which must
be complied with by the applicant.
8. A letter will be sent to the applicant to notify him of the Council action
and to advise him to comply with the conditions imposed by the City. The
letter will also contain any necessary deeds for easements and other pertinent
papers for his signature.
9. When all the conditions of the lot split have been complied with, the applioant
should file the lot split in Anoka County.
10. in all cases where Council action has been sought and denied, no petition for
identical action can be presented until a period of six months has elapsed.
NOTE: THE RESULTING REAL ESTATE TAXES AND SPECIAL ASSESSMENTS FOR
THE NEW PARCELS IN TOTAL AFTER THE LOT SPLIT, MAY ECCE® THE
AMOUNT ASSESSED TO THE ORIGINAL PARCEL. THE FINANCE DEPARTMENT
OF FRIDLEY MAY BE ABLE TO PROVIDE THE ESTIMATED AMOUNT OF
ADDITIONAL TAXES OR ASSESSMENTS.
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L.S. #70-13: L. 8 & 9, B1. 6,
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October 7, 1969
To: Duffy Lumber Co.
This is to certify that I have examined the title to: •
Lots 6, 7, and 8, Bicck 6, Spring Brook Perk, Anoka County, PA nnesota,
by an examination of registered Property Abstract dated October I , 1969, cover— .
Ing Certificate No. 2.0870 and filed in Volume 67 at page 225 of the office of
the Registrar of Titles, and from such examination I am of the opinion that the
fee simple title to said premises is in Marvin E. Benson and Lois M. Benson,
husband and wife, as joint tenants.
Subject, however, to the following exceptions, limitations and encumbrances:
I . Subject to a mortgage dated December 23, 1960 and registered December
29, 1960 as document No. 34662. This mortgage is in the original amount
of $11 ,000.00 and runs from Marvin E. Benson and Lois N,. Benson, his wife;
& Wilbur F. Suelter and Wilma J. Suelter, his wife to Twin City Federal
,Savings and Loan Association and covers Lots 6, 7 and all that part of Lot
8, lying Northerly of a straight line drawn from the NE corner of said Lot
8 to a point in the South line of said Lot 8 distant 66.30' `/Jest from the
SE corner of said Lot 8 and there terminating. This constitutes a first
mortgage upon the premises described herein.
2. Subject to a mortgage dated August 15, 1969 and registered august la,
191,159 as document No. 65224. This mortgage is in the original an-ount of
$9,200.00 and runs from N�arvin E. Benson and Lois M. Benson, his wife to
First National Bank In Anoka. This constitutes a second mortgage upon the
premises described herein.
3. Subject to reservation to the State of Minnesota in trust for the
taxing districts concerned of ail minerals and mineral rights.
4. Subject to unpaid real estate taxes payable in 1969 in the arnount of
$502.58 representing the second half of the 1969 tax, the first half of
$502.56 having already been paid. Taxes for 1968 and prior years are paid
in full .
5. SUbject to governmental regulations, if any, affecting the use and
occupancy of the premises and any buildings thereon.
F. Subject to the lien of unpaid special assessments, If any, not pres—
ently payable but to be paid as a part of annual taxes hereafter to become
due.
7. Subject to the rights or claims of any person or persons in possession
thereof .
To: Dt, f:fy Lumber Co. October 7, 1969
Page Two
8. Subject to the rights of any person or persons having furnished
labor or material upon said premises within the past ninety. (90) days
to claim a lien upon said premises.
9. Subject to the following statutory exceptions appearing on the Cer—
tificate:
a. Liens, claims or- rights arising or existing under the laws of
the constitution of the United States, which this State cannot
require to appear of record.
b. The Lien of any tax or special assessment for which the land has
not been sold at the date of the Certificate of Title.
c. Any lease for a period not exceeding three years, when there is
actual occupation of the premises thereunder.
d. All rights in public highways upon the land.
01
e. Such riicght ,of appeal , or right to appear and contest the appli—
cation as is allowed by this chapter.
f . The rights of any person in possession under deed or contract
for deed frau the owner of the Certificate of Title.
I have checked with the Treasurer for the City of Fridley and have been informed
that there are special assessments against the premises described herein. Further
information regarding the assessments can be obtained only by written request or
by going in person to the City Offices.
The records of the Registrar of Titles for Anoka County indicate that the Owner's
Duplicate Certificate of Title was delivered to First National Sank in Anoka on
August 26, 1969.
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October 7, 1969
To. Duffy Lumber Co.
This is to certify that i have examined the title to:
Lots 9 and 10, in Block 6; all in Spring Brook Park, Anoka County,
Minnesota,
by an examination of Registered Property Abstract dated October I , 1969, cover—
ing Certificate No. 7797 and filed in Volume 26 at page 267 of the office of
the Registrar of Titles, and from such examination I am of the opinion that the
fee simple title to said premises Is in Marvin Benson and Lois M. Benson, hus—
band and wife, as joint tenants.
Subject, however, to the following exceptions, limitations and encumbrances:
1 . Subject to a mortgage dated July 7, 1961 and registered July 12, 1961
as document No. 3612.6. This mortgage is in the original amount of $6,000
and runs from Marvin Benson and lois M. Benson, his wife, to Twin City
Federal Savings and Loan Association. This constitutes a first mortgage
upon the premises described herein.
2. Subject to reservation to the State of Minnesota in trust Por the
taxing districts concerned of all minerals and mineral rights/as provided -
by I aw.
3. Subject to unpaid real estate taxes payable in /rior
e amount of
$326.25 representing the second half of the 1969 tast half of
$326.25 having already been paid. Taxes for 1968 aears are paid
in full .
4. Subject to governmental regulations, If any, 'ffecting the use and
occupancy of the premises and any buildings thereon.
5. Subject to the lien of unpaid special assessments, if any, not pres—
ently payable but to be paid as a part of anpual taxes hereafter to become ,
due. /
C. Subject to the rights or claims of a arson or persons in possession
thereof .
7. Subject to the rights of any per on or persons having furnished labor
or material upon said premises wit in the past ninety (90) days to claim a
lien upon said premises.
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To: Duffy Lumber Co. Uctober 7, 169
Page Two
8. Subject to the following statutory exceptions appearing on the Cer—
tificate:
a. Liens, claims or rights arising or existing under the laws of
the constitution of the United States, which this State canoot
require to appear of record.
b. The Lien of any tax or special assessment for which the land
has not been sold at the date of the Certificate of Title.
c. Any lease for a period not exceeding three years, when there is
actual occupation of the premises thereunder.
d. All rights In public highways upon the land.
e. Such right of appeal , or right to appear and contest the appli—
cation as is allowed by this chapter.
f . The rights of any person in possession under deed or contract
for deed from the owner of the Certificate of Titie.
I have checked with the Treasurer for the City of Fridley and have been informed
that there are special assessments against the premises described herein. Further
information regarding the assessments can be obtained only by written request or
by going in person to the City Offices.
EEC:mv :,;v
70�/3
BABCOCK, LOCHER, NEILSON & MANNELLA
ATTORNEYS AT LAW
118 EAST MAIN STREET
ANOKA. MINNESOTA 55303
EDMUND P. BABCOCK TEL. 421.5151
LANDOL J. LOCHER AREA CODE 012
JAMES M. NEILSON
FELIX A. MANNELLA
JOHN R. SPEARMAN
RICHARD A. BEENS
October 20 , 1970
City of Fridley
Fridley, Minnesota
Attention: Engineering Department
Re : Duffy Lumber Company
Enclosed find a Lot Split Application regarding Lots 6 , 7 , 8 , 9 and
10 , Block 6 , Spring Brook Park, Anoka County, Minnesota. Also enclosed
find our check in the amount of $15. 00 for your fee.
If there are any questions regarding this , please call me .
Very truly yours ,
James Neilson
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$,"1 UNWOM PAVE.W-E.
I ECE IV ED
OCT 2'1) 1979
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BABCOCK, LOCHER, NEILSON &. MANNELLA
ATTORNEYS AT LAW
118 EAST MAIN STREET
ANOKA. MINNESOTA 55303
,
EDMUND P. BA13C,OCK TEL. 421.5151
LANDOL J. LOCHER AREA CODE 612
JAMES M. NEILSON
FELIX A. MANNELLA
JOHN R. SPEAKMAN
RICHARD A. BEENS
November 12 , 1970
City of Fridley
Fridley, Minnesota
Attention : City Manager
Re : Duffy Lumber Company - Lot Split No . 70- 13,
Enclosed find the following re the above :
1 . Xerox copy of Lot Split Application .
2 . Copy of title opinion dated October 7 , 1969 covering Lots
6 , 7 and 8 , Block 6, Spring Brook Park.
3. Copy of title opinion dated October 7, 1969 covering Lots
9 and 10 , Block 6 , Spring Brook Park.
4. Copy of Purchase Agreement to Clarence S. Nasby Jr . and
Beverly H. Nasby-
. 5.
asby.. 5. Copy of Contract for Deed dated January 14 , 1970 , from
Duffy Lumber Company , Inc . to Clarence S . Nasby - Jr. and
Beverly H. Nasby .
6. Copy of Contract for Deed dated July 20 , 1970 , from
Duffy Lumber Company to Clarence S. Nasby Jr. and
Beverly H. Nasby.
7 . Survey by N. C . Hoium for the subject property.
Please have this matter placed on the agenda for Monday evening. I
realize that it will not be heard until 9 : 30 or thereafter.
Someone from Duffy Lumber Cotinpany together with myself will be at the
hearing.
Thank you for your kin(: consideration in this matter .
Very truly yours ,
James M. Ne:il'son`
Plats & Subc.-Str. & Util. Subcommittee - October 21, 1970 Page 2
2. LOT SPLIT REQUEST, L.S. #70-13, BY DUFFY LUMBER COMPANY REPRESENTED BY
JAMES N. NEILSON, ATTY. : Lots 8 and 9, Block 6, Spring Brook Park.
Darrel Clark said that the original lot split was recorded in the County
in 1960. The land and dwellings are now under one ownership and the owner wishes
to sell, but does not want to use the 1960 lot line and is requesting a new lot
line. The proposed lot line would meet the sideyard requirements for the
garage on Lot 8, and the land area for the dwelling on Lots 6, 7 and 8 is more
than adequate to meet the ordinance requirements. Also, the new line would be
straight. There would be no difficulty with the legal description which is a
little bit long but very clear.
Chairman Schmedeke explained that as long as the owner is the same for both
parcels, and the proposed lot line will allow sufficient land area to meet the
City Codes , it would seem logical to concur.
MOTION by Zeglen, seconded by Meissner, that the Plats & Subdivisions-
Streets & Utilities Subcommittee recommend to the Planning Commission approval
of the lot split request, L.S. #70-13, by Duffy Lumber Company of Lots 8 and
9, Block 6, Spring Brook Park as shown on the certificate of survey dated
May 26, 1970. Upon a voice vote, all voting aye, the motion carried unanimously.
3. PROPOSED PRELIMINARY PLAT, P.S. #70-04, FIVE SANDS BY FIVE SANDS, INC. :
Generally located South of 79th Way, East of East River Road, West of the
railroad tracks and North of 78th Way.
Chairman Schmedeke reminded the Subcommittee that it was not necessary to
act on the request this evening because it is quite a large project and the
public hearing before the Planning Commission is November 4, 1970.
Mr. James Kurth, surveyor, represented the Five Sands , Inc.
Mr. Zeglen commented he noticed construction of an apartment on Lot 1.
Mr. Kurth said that the concept will be built in Phases because of financing.
When one structure is completed, they will be able to get the money to start
another. In order to get the assessments for each building, the lots would
have to be defined. At the present time, there are two fee owners, Five Sands,
Inc. and Pearson's Inc. ; however, Five Sands, Inc. have a contract to purchase
all the property in the proposed plat. The problem was whether to plat or have
a registered land survey. Because the property was torrens , platting was
chosen as easements for streets and utilities would be necessary.
A map will be available for the Subcommittee at the next meeting showing
the water system, and they are using underground utilities, Mr. Kurth said.
Mr. Meissner asked the purpose of the Outlots . Mr. Kurth explained that
an outlot is a piece of property which is impossible to use for normal building
site, and is usually sold in conjunction with the adjoining lot, or is used for
some other purpose than a regular lot. In the proposed plat there are seven
lots and three outlots, A, B and C. Lot 7 will be used for a recreation area
and will be called a common area lot in that each of the units surrounding the
lot have the right to use the facilities. Outlots call attention to the fact
that there is something to look into so that the buyer would beware.
Planning Commissi-on Meeting - October 21, 1970 Page 2
The Subcommittee wished to call attention to the fact that the East 33
feet of Lot 6 was being used for Main Street, but the half section does not
show it, although the street is in. They felt the deed had been signed but
not recorded. However, the City legally owns the property because the road
has been there since 1956 and became a public street.
Reference was made to Parcel 1900, the 22.5 foot description gap and the
Commission agreed this would be no problem as it is located between Lots 6
and 7.which are under one ownership. They would assume the railroad company
had acquired it. The railroad company was told about the description gap. In
order to get a clear title, the original owner has to be contacted. If he is
"Tong gone" or cannot be located, then the title has to be cleared by the court.
Darrel Clark explained they have sold off more than half of Lot 6, and
the lot split request would split the land into two pieces. Summit Gear Company
would still meet all the requirements of the ordinance for setbacks, etc.
Summit Gear Company sold the land about a year ago but was not aware they had
to have a lot split approved before the assessments could be split.
MOTION by Schmedeke, seconded by Harris, that the Planning Commission
recommend approval to the City Council of the lot split request, L.S. #70-12,
by Summit Gear, Incorporated to split off the South 200 feet of the East 363
feet of Lot 6, Auditor's Subdivision #78 as described in the Lot Split Applica-
tion subject to the determination that the proper easement deed for the 33 feet
along Main Street be filed in Anoka County. Upop a voice vote, all voting aye,
the motion carried unanimously.
2. CONFIRM PUBLIC HEARING DATE OF NOVEMBER 4, 1970 FOR THE PROPOSED PRELIMIN-
ARY PLAT, P.S. #70-04, FIVE SANDS, BY FIVE SANDS, INCORPORATED:
As explained by Darrel Clark, the reason for platting is that each build-
ing will have its separate mortgage and assessments. The registrar of deeds
would not accept the present descriptions inasmuch as the land is torrens.
Streets and utilities easements cannot be dedicated unless they plat. Accord-
ing to the schedule, Phase 1 is the application for the mortgage.
Darrel Clark continued that the Subcommittee, which met previously this
evening raised many questions and they are going to ask information from the
City Attorney. There are two fee owners. Lots 1 through 6, Pearson's lst
Addition is owned by Five Sands, Inc. and Pearson's Inc. owns the portion to
the South.
MOTION by Harris, seconded by Fitzpatrick, that the Planning Commission
confirm the public hearing date of November 4, 1970 for the preliminary plat,
P.S. #70-04, Five Sands,by Five Sands, Incorporated. Upon a voice vote, all
voting aye, the motion carried unanimously.
3. LOT SPLIT REQUEST: L.S. #70-13, DUFFY LUMBER COMPANY REPRESENTED BY
JAMES M. NEILSON: Lots 8 and 9, Block 6, Spring Brook Park.
Mr. Neilson was unable to be present.
Planning Commission Meeting - October 21, 1970 Page 3
The Engineering Assistant said that the reason for splitting is to take a
small part of Lot 8 and give that small part to Lots 9 and 10, and then give
a small portion of Lot 9 to go with Lots 6, 7 and 8. Back in 1960, the lots
had been split, but the petitioners did not want to use this description and
were asking for a new split, which they felt would straighten the lot line.
This property is under one ownership and probably will be up for sale. The
area requirements are adequate.
The Commission commented on the fact that, under the request, the new lot
line would be only 5 feet from the garage and noted the house faced Longfellow
Avenue. Considering the amount of land involved, Chairman Erickson suggested
a new lot line which would give a straight line to the lots and allow the
southerly tract more room North of the garage. The certificate of survey.
dated May 26, 1970, presented this evening was designated as "Exhibit A". A
line was drawn from the Northeast corner of Lot 8 and marked point "A" to a
point on the West line of Lot 9 located 69 feet North of the southwest corner
of Lot 10 and marked point "B".
MOTION by Harris, seconded by Minish, that the Planning Commission recom-
mend approval of Lot Split L.S. #70-13, Duffy Lumber Company by James M. Neilson,
attorney, of Lots 8 and 9, Block 6, Spring Brook Park with the following sug-
gested change: On the street line running from a point from the Northeast
corner of Lot 8, designated as point "A", to a point on the West line of Lot 9
located 69 feet North of the Southwest corner of Lot 10, designated as point
"B" as per Exhibit "A" of October 21, 1970; the reason being that under the old
proposal, they did not have enough rear yard setback, and, also, the recommended
change of the Commission would give more area to the southerly site and still
accomplish a straight line. Upon a voice vote, all voting ave, the motion
carried unanimously,
Mr. Schmedeke explained that the Subcommittee received this information
only this evening. The Subcommittee would have liked to walk over the site,
but felt that perhaps the petitioner had a reason for requesting this line,
but on the other hand, Chairman Erickson's suggestion seems to be very
agreeable.
4. PLANTING BOULEVARD (40 FEE IN MOORE LAKE HIGHLANDS 4TH ADDITION:
The Commission expressed their thanks to Mr. Fitzpatrick, Chairman of
Parks and Recreation Commission, for the informative report on "Trees and
Shrubs Best Suited to Fridley Soil". An item of surprise was that the box elder
and maple were related.
Mr. Schmedeke said that he wished to thank the Parks and Recreation
Department on behalf of the, Planning Commission for their time and effort put
into this study. He thought Paul Brown and Ralph Volkman should be congratu-
lated. He felt he learned a lot by reading the report. He thought the Build
ing Inspection Department should be given this report for their use. He won-
dered if the City should try pl'Anting evergreen in the Planting Boulevard.
He felt that the Parks and Recreation Commission should make a plan for the
area and suggest ways of accomplishing it. Darrel Clark mentioned that there
is a class at the high school that does a lot of outside nature work. In
REGULAR COUNCIL MEETING OF NOVEMBER 2, 1970 PAGE 5
The Council gave a copy of the survey to Mr. Winston W. Jacobson, who had
brought up the subject of charges at the Council Meeting of October 19, 1970.
RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF OCTOBER 21, 1970:
1. LOT SPLIT REQUEST, L.S. #70-12, BY SUMMIT GEAR, INC. : Lot 6,Auditor's
Sub. No. 78 - to split off the south 200 feet of the east 363 feet,
the balance of the property has been sold.
The City Engineer showed the Council a map of the property to be split on
the overhead projection screen, and he also handed out the plans for the
proposed split. He pointed out that the Planning Commission has recommended
approval. He also said that Summit Gear's property only has parking for a
limited amount of cars and he would like to have the Council make a con-
dition that the property owner work with the City for an adequate parking
plan and a schedule for the improving of the parking plan, and he hoped
this could include all three parcels. Councilman Harris said that he
would suggest a landscaping plan also.
MOTION by Councilman Liebl to approve the Lot Split L.S. #70-12 for Summit
Gear, Inc. subject to the receipt of landscaping and parking plans and
a schedule of improvements for the property with the existing structure.
Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor
Pro tem Harris declared the motion carried.
2. LOT SPLIT REQUEST: L.S. #70-13, DUFFY LUMBER COMPANY REPRESENTED BY
JAMES M. NEILSON: Lots 8 & 9, Block 6, Spring Brook Park.
The City Engineer showed the property to be split on the projection screen
and handed out small maps to the Council. There was no one present at the
j Meeting representing Duffy Lumber. The City Engineer said that there were
two buildings on the property and they wish to split it at an angle. He
pointed out the angle at which the Planning Commission had recommended it
be split to make the lots more even.
MOTION by Kirkham to approve the Lot Split L.S. #70-13 for Duffy Lumber
Company as recommended by the Planning Commission. Seconded by Councilman
Breider. Upon a voice vote, there being no nays, Mayor Pro tem Harris
declared the motion carried.
RECEIVING THE MINUTES OF THE PARKS AND RECREATION COMMISSION MEETING OF
OCTOBER 26, 1970:
MOTION by Councilman Breider to receive the Minutes of the Parks and
Recreation Commission Meeting of October 26, 1970. Seconded by Councilman
Liebl. Upon a voice vote, there being no nays, Mayor Pro tem Harris
declared the motion carried.
RECEIVING THE MINUTES OF THE HUMAN RELATIONS COMMITTEE MEETING OF OCTOBER
22, 1970, AND RECEIVING LETTER TO MAYOR LISTING SUGGESTED MEMBERS:
MOTION by Councilman Breider to receive the Minutes of the Human Relations
Commission Meeting of October 22, 1970, and the letter to Mayor Kirkham
listing suggested members. Seconded by Councilman Liebl.
REGULAR COUNCIL MEETING OF NOVEMBER 21 1970 PAGE 6
Councilman Breider asked the Mayor if he was ready to make the appoint-
ments. Mayor Kirkham said he had just received the letter in the Agenda
and wanted to look them over and make sure they were from the proper
wards, as by law they are to be picked from different wards and philo-
sophies.
THE VOTE upon the motion was a voice vote, there being no nays, Mayor
Pro tem Harris declared the motion carried.
RECESS:
Mayor Pro tem Harris called a recess at 8:25 P.M. after which Mayor Kirkham
took the Chair.
COUNCILMAN SHERIDAN ARRIVED A`1' THE MEETING AT 8:35 P.M.
Mayor Kirkham reconvened the meetin(4 at 8: 35 P.M.
DISCUSSION REGARDING MINNESOTA IiIGHWAY DEPARTMENT FENCING ON T.H. #47:
Mayor Kirkham said that he would like to put on the Agenda: "Reaffirming
the action of ordering in the fence on University Avenue". He said there
should be Council action as a matter of record. Councilman Breider asked
the City Engineer if the Council was ordering the fence in or concurring
with the Minnesota Highway Department. Mayor Kirkham said that the
Council did not order the project in, but the Highway Department asked
for approval and he felt they should take some formal action.
The City Engineer explained that the project is all funded by the Highway
Department and when the City was informed of the project, he brought it
to the Council to make them aware of it. He said no formal action is
necessary. The Acting City Manager said that the Minnesota Highway
Department had not asked for approval, but the Council had requested
they come to a meeting regarding it. Councilman Harris said he recalled
that the plans on the fencing were presented to the Council and the
Council ordered the fencing on T.H. #47 from I. 694 south. He said it was
his understanding that they were going to discuss further the fencing from
I. 694 north. He said he was not in attendance at the meeting at which
the Highway Department appeared because of a N.S.S.S.D. meeting, then he
had to go out of town, and came back to find posts up.
Councilman Harris said that some of the business people wanted to come
before the Council and be heard. He said he was hard pressed to believe
the Minnesota Highway Department can do it without the Council taking
formal action. The City Engineer said the plans were discussed with the
Council. He had brought the plans to advise the Council the Highway
Department was proceeding with the improvement and to see if there were
any recommendations the Council wanted to pass on. After that discussion,
the Council was in agreement that the highway should be fenced south of
I. 694. There was a question on the north side and we asked the Highway
Department to meet with the City Council so they could discuss some items
in person. Councilman Harris agreed up to that point, but thought that
from the time they ordered in the fence going south, he indicated that he
would like to invite the business people in the area in to discuss the
fence and this was never achieved.
REGULAR COUNCIL MEETING OF NOVEMBER 16, 1970 PAGE 17
B. MINNEAPOLIS URBAN CORPS: RESOLUTION ON NON-RETURNABLE CONTAINERS:
MOTION by Councilman Harris to receive the communication and resolution
from the Minneapolis Urban Corps. Seconded by Councilman Sheridan. Upon
a voice vote, all voting aye, Mayor Kirkham declared the motion carried
unanimously.
C. ATTORNEY GENERAL: FLAG ORDINANCE
The City Attorney said that obviously the Attorney General does not want
to rule on it. He said that he had checked the Minnesota law and there
was no indication either way. Mayor Kirkham said that he would like to
publish it. Councilman Harris said that he assumed that if it was read,
he would render an opinion. The City Attorney said that was his under-
standing also.
MOTION by Councilman Harris to instruct the City Attorney to check
further into the legality of the Flag Ordinance as written. Seconded by
Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham
declared the motion carried unanimously.
/ RECONSIDERATION OF LOT SPLIT #70-13, LOTS 6-10, BLOCK 6, SPRING BROOK
PARK ADDITION, DUFFY LUMBER COMPANY:
The City Engineer said that the Lot Split approved by Council was
modified from the way the applicant presented it. They have gone
through the legal procedure of getting the deeds etc. and would like
to have it approved as submitted. The lot split line is still 5'
away from the property line, and it would still meet the side yard
Ordinance requirement.
The Representative of Duffy Lumber Company said that this was originally
owned by Marvin Benson. There are two houses on 5 lots. In 1960
there was a mortgage placed on the property to the north, being Lots
6, 7, & 8. Subsequently there was a house built on the south portion
and a mortgage placed on it in 1961. Then it was transferred to
Duffy Lumber Company. They then attempted to sell the property to the
north with the house on it. It was sold on January 14, 1970 to Nasby's.
They then entered into a contract agreement. The line would split the
two houses. He said that he did not know where the front of the
property was. It has been approved as submitted by everybody concerned
with no problems. Now they need Council approval of the Lot Split.
Councilman Harris questioned if the new split would meet the legal
requirements of 7500 square feet. The City Attorney said that Lots 6, 7,
8, & 9 could be replatted. The Representative said that they could do it
under a registered land survey. He wanted to get the approval of the
City Council before he filed the deed.
Councilman Harris said that this would be setting a precident and the
Council has turned people down. If there is enough land, they should
make the split for two buildable sites. The variance of area require-
ments should go to the Board of Appeals.
REGULAR COUNCIL MEETING r' NOVEABER i6, 1970 PAGE 18
Councilman Liebl said that he appreciated the problem he was faced with,
and is somewhat of a hardship case. He asked what was the address of
the building with the garage. The Representative said that the north
house was 7969 East River Road and the south house faces Longfellow and
is 305 Longfellow. Councilman Liebl asked if the Council had the
authority to grant an area variance without it going to the Board of
Appeals. The City Attorney said that they do. Councilman Harris asked
if this would be a metes and bounds description and the Representative
said no, nor did they intend to plat. He then read the legal descriptions
of both houses. The City Attorney asked what was the objection to
moving the line and the Representative said that the Nasby's did not
agree to moving the line. Councilman Harris said that they would be
giving up a portion of Lot 8 and getting an equal value on Lot 9. The
Representative said that the property on East River Road was more
valuable.
MOTION by Councilman Liebl to grant the Lot Split #70-13 as originally
submitted, to Duffy Lumber Company. Seconded by Councilman Sheridan.
Upon a voice vote, all voting aye, Mayor Kirkham declared the motion
carried unanimously.
RECEIVING TWO QUOTATIONS ON MOBILE WARMING HOUSES: (Parks & Recreation
Department)
The Director of Parks and Recreation explained that he was thinking in
terms of mobile homes for warming houses. They could be moved from place
to place and used during the summer on the playgrounds. This is the same
concept as has been used for school buildings. Mayor Kirkham asked how
they are finished inside. The Director said that they are all wood and
are not finished inside. There would be benches for putting on skates.
In the summer they plan to use for storage and moved to another area.
They can be used for mobile playgrounds. This would bring a playground
program to an area for a day, and there would be leadership provided.
This would have a metal exterior with a wood floor. He said that he
planned on using the smaller (12'X32' ) at Terrace Park and the larger
one at Commons Park. They could then be moved later on in the season.
Councilman Harris asked what was the advantage of mobile homes over a
permanent structure. He thought there may be some objection with the way
they would look. They should be gone when summer comes. Why not use a
permanent structure on Commons Park?
The Parks and Recreation Director explained that there would be greater
flexibility in having them mobile. The larger one (141X56' ) used at
Commons Park would of course not be as mobile as the smaller one.
Councilman Breider asked if they would be heated. The Director said that
for the one for Commons Park gas would be piped in and for the smaller one
bottle gas would be used. Councilman Harris said that he had some
reservations about the larger mobile home. The Director said that this is
a new concept that he would like to try. He thought that it would work
and would provide great flexibility. The price of $5,035.00 for the larger
one is not out of line. Councilman Breider said that he liked the idea
of the smaller unit that could be moved around the City, but he also would
have some reservations on the larger one. Councilman Liebl suggested
s
r .
/.-.l i�J t. .r..\l�` L 1�....1.• ,,1�i t'_Il.eyrl•, 11�rF,.r
ANOI:A, MINNESOTA 55303
Telephone 42.1-2621
PURCI ;.ASE AGREEMENT
Anoka, Minn.,......................................... .........................19..
RECEIVE) 01... . ............................................ .............................I..........
..
tiiesum of............................... ........................................................................................($........................) DOLLARS
as earnest money and in part payment for the purchase of property at
(Check.Cash or Note--State which)
situated in the
County of...... .................................................................. State of Minnesota,and legally described as follows, to wart
including all garden bulbs, plants, shrubs and trees, all storm sash, storm doors, detachable vestibules, screens, awnings,
window shades, blinds (including venetian blinds), curtain rods, traverse rods, drapery rods, lighting fixtures and bulbs,
i4 plumbing fixtures, hot water tanks and heating plant' (with any burners, tanks, stokers and other equipment used in
connection therewith), water softener and liquid gas tank and controls (if the property of seller), exterior television
antenna, incinerator, dishwasher and garbage disposal, built-in ovens, cool: top stoves and central air conditioning equip-
ment, if any, used and located on said premises and including also the following personal property;
all of which property the undersigned, as agent for the owner, has this day sold to the buyer for the sum of
.................. .................:...........................($....:...................) DOLLARS,
which the buyer agrees to pay in the following manner:
Earnest money herein paid $...................... and $.......................cash,on ............................................, the date of closing.
Subject to performance by the buyer the seller agrees to execute and deliver a........................................................................Warranty Deed
(to be joined in by spouse, if any) conveying marketable title to said premises subject only to the following exceptions:
(a) I3uilding and zoning laws, ordinances, State and Federal regulations.
(b) Restrictions relating to use or improvement of premises without effective forfeiture provision.
(e) Reservation of any minerals or mineral rights to the State of Minnesota.
(d) Utility and drainage casements which do not interfere with present improvements.
(e) Rights of tenants as follows: (unless specified, not subject to tenancies)
The buyer shall pay the real estate taxes due in the year 19............ and any unpaid installments of special assessments payable there-
with and thereafter.
Seller covenants that buildings, if any, are entirely within the boundary lines of the property and agrees to remove all personal
property not included therein and all debris from the premises prior to possession date.
The seller further agrees to deliver possession not later than............................................................provided that all conditions of tris
agreement have been complied with. Unless otherwise specified this sale,shall be closed on or before 60 days from the date hereof.
In the event this property is destroyed or substantially damaged by fire or any other cause before the closing date, this agreement
shall become null and void, at the purchaser's option, and all monies paid hereunder shall be refunded to him.
The buyer and seller also mutually agree that pro rata adjustments of rents, interest, insurance and city water, and, in the case of
-income property, current operating expenses, shall be made as of............................................................................................................:............
The seller shall, within a reasonable time after approval of this agreement, furnish an abstract of title, or a Registered Property
Abstract certified to date to include proper searches covering bankruptcies,and State and Federal judgments and liens. The buyer shall be
allowed 10 days after receipt thereof for examination of said title and the making of any objections thereto, said objections to be matte in
writing or deemed to 1>c waived. If any objections are so made the seller shall be'allowed 120 clays to make such title marketable. Pen,lirr:
correction of title the payments hereunder required shall be postponed, but upon correction of title and within 10 days after written rnxlc_
to the buyer, the parties shall perform this agreement according to its terms.
1f said title is not marketable and is not made so within 120 days from the date of written objections thereto as above pm%`,i_:i.
this agreement shall be null and void, and neither principal shall be 'liable for damages hereunder to the other principal. All money th
tofore paid by the buyer shall be refunded. If the tide to said property be found marketable or be so made within said tart c, and �nya
shall default in any of the a=;rceracnts and continue in default for a period of 10 days, then and u, that case the seller n..y tanninare this
contract and on such termination all the payments made upon this contract shall be retained by said seller and said agent, :a ti:ar respective
interests may appear, as liquidated darnagcs, time being of the essence hereof.This provision shall not deprive either ix. ty v;the n;is of
enforcing the specific performance of this contract provided such contract shall not be terminated as aforesaid,and provide) :ction to enforce
such specific performance shall be coriimenced within six months after such right of action shall arise.
It is understood and agreed that this sale is made subject to the approval by the owner of said premises, in writin.;: v:.kh approval
agent has............................days to obtain, and that the undersigned agent is in no manner liable or responsible on account of this agree-
ment, except to return or account for the earnest money paid under this contract.
The delivery of all papers and monies shall be made at the office of: ,
NOON RI3ALTY h CONSTRUCTION.
Ri3r�LTY t� CONSi .UCTION
By................................. ............... .....................Agent
........... ............ .
I,the undersigned,owner of the above land,do hereby approve
the above aGrcement and the sale thereby made. I hereby aSree to purchase the said property for the price and
upon the terms above mentioned, and subject to all conditions
herein expressed.
.......... .................................... .(SE:AI.)
"sell:;�..................................r ............................................... ........................................(S,^:AL)
It
.....................................................(SEAL) .........................................................................._...................(SEAL)
Int Buyer
I
I
• •
.�ilcLtic ancZ artcrcd.into this................................1!}tl?............•.... ...................I1.Cv� of
J J a ,, t :' 1 y. » .., by and bctivicera........)�taf f�...htztuae r...Ou nr�,�ay.,,... ,.��...............:......................
. ...................... ........... ........................,
a corporation under lite taros of the Slate of..................... .......................................... party of the first part, f
CL 7i.tl............iia.il.i.l:,iwGt....7. ...A�.i:.,•i).;;.a....�T.3:.n..s1.'t)C]...�.i�lt:a;.�;f...��.....11�1`� y./. .111"i...Y,ia.f a........................................................................ I
i .............., part.ics-of the second part;
file`:;: , That t11e said party of thv first part, in consideration of the covenants and a ree-
Meats of said ... of the second part, hereinafter contained,hereby sells and agrees to convey unto �
said part*�.5:.`;....of thv s^co;ul part, ..............S;11c?.;;..... .?4.?.:........................arid assigns, by a..............:.................................Deed,
accompanied by an abstract evIdenctazg good title in party of the first part at the data hereof, or by an
owner's duplicate certificate of title, upon the prompt and full performance by said part.�.�s...of OW second
t lilt lr e,
part, of ..........part of this agrcen7.ent, ilio tract........................of land lying and bcinb in the County of +
i
Anoka ..........................and State of Minnesota, described as follows, to-wit:
...........................
Lots Six (6) , Seven (7) , and Light (8) , Block Six (6) , Spring Brook Park Addita-on. r
i
1
1
.4nd said par•t...Les.of the Second part, in consideration of the premises, hereby agree.....:.to pay said party
ofthe first part, at.....................................................................................................................................................................................I................... `
1 its and for the purchase price of said premises, the sum of...S.event,ren...TnAusaazd...and...No...10no...Kull4xodths'
-..---.-.-.-.-.--. -.-.-.-.-.-.-. -.-.-.-•.-.-.--.-.---.-.-:-.-....-.-.-.-.-.-.$.17..,.0.0Q..Q.Q-.-.... ....-.-.r..............-.-.......-.r.....-.-.-.--.:..-Do Zlars,. 1
in manner and at tinies following, to-wit: - - - ---- -- - i
$1,500.00 (One Thousand Five Hundred and No One Hundredths Dollars) Receipt herein {
acknowledged.
C $15,500.00 (Fifteen Thousand. Five Hundred and No One Hdndndths Dollars) Balance due
i herein to be paid in cash on or before July 17, 1970; no interest is to
I .�
be charred on this balance owing.
Seller is to pay all real estate taxes due and payable in 1970, all city improvements �
of record to be paid in full, all debts and liens to be paid in full. Buyer to be
furnished .with a WArranty Deed and house sold as is.; this includes debts and liens that )
January . 1970.
are due and owing; on or before 14,
i
I Said part...i.t:s.....of the second part further covenants..............and agree...............as follows: to pay before penalty attaches
thereto, all taxes due and payable in the year 19...71...., and in subsequent years, and all special assessments licretofore or 1
hereafterlevied. ..............................................._................................................_..........................................................................................................
...............................................................................................................................................................
`1
also that any buildings and improvements now on said land, or which shall hereafter be erected, placed, or made there-
j on, shall not be 'removed therefrom, but shall be and remain the property of the party of file first part until this con-
tract shall be fully performed by the part...i.CLS.of the second part; and at....jLhc_i r....oti,n cxP---sc to�:cecp '•• t ',
w V ,/l.11 , ilio �4i.�.it QS
on said premises at all times insured in some reliable insurance company or companies, to be approved by the party of
the first part, against loss by fire for at least the sum of..............................................................................................................................
F3.ftecn Tho sand 'ive. \liu. d--e 1 an 1 �,
l...a....5..... G......9..
,
j and against loss by windstorm for at least the sum of................
r-if cc . t... f�ousand... vS...�t>i d. 5..5JQ.Q...Q.Q.--......- -..
.-. . ....Dollars,
i payable to said party of the first part, its successors or assigns, and, in case of loss, should there be any surplus over ane:
above the amount then owing said party of the first part, its successors, or assigns, the balance shall be paid over to the
i said part...:.:s.of the second part as...........tliolr.........interest shall appear, and to deposit with the party of the first part
policies of said insurance. But should the second part..1cs..fail to pay any item to be paid by said part..ij-,s.•unde: ec;c I
terms hereof, same may be paid by first party and shall be forthwith payable, with interest thereon, as an additional
t 1
� amount due first party under .this contract.
But should default be made in the payment of principal or interest due hereunder, or of any part thereof, to be by
j second part._".-'Z o: should.........:.tile�.............fail to pay the taxes or assessments upon said land, prer;,:unts upon sant
insurance,.or to perform any or either of the covenants, agreements, terms or conditions herein contained,'to 'be by said
second part •S••--wept or performed, the slid party of the first part may, at its option, by written not;ce declare this
corltrB•Ct cailydled and torilliflillvd. talld till rii;itts, titic alld illtcrut I'villil-Cd 'clic-r llie wr by bait wolitl }1;a'i•.%•=;i••Sllall
1 t'kefCUp641 Ce..:ic &1111 tertl,i/iale, atld all linprovi!11wilk rtiade Upotl the preallses, gild till payhtents n/adu llereltnder bliall
belong to said party of the first part as liquidated damages for breach of this contract by said second part..^."'S..., said i
i
noticr- to be in accordance with the statute in such case made and provided. Matter the extension ok the time of pay- ;
' ment of any sunt,or snnt: m moncy to be paid hereunder, nor any waiver by the party of the first part of its rights to `t
.ltrid,a Ilia ,',n,t,act f.n-iritrd by rewitin of any brcaeh thereof, Shall to any manner affect the right of said party to
cancel 'this contract became of defaults• subsequently maturinf;, and no extension of tune shall be valid unless evi-
denced by duly signed instruincnt, Further, after service of notice and failure to remove, within the peri,i,l allowed by
law, the default therein SpCCIiIC<l, said j1aCt .!?.;,....Of'the second part hereby speetlically ag.ree....;~...... upon demand of said
} party of the first part, duietly and pcaccably to surrcndpr to it possession of said premis.cs, and every part thereof, it {
bcin,r urlile,•stond til.-+t a„ti ;uch ,'cfxult, .,;.ill part....I.Q.r,o fssion. o” sa'd -dr
t,,c sceor.d psrt.7.t ....to lt.ve possecnits.•;,
anc:;scrtl.rn.7 `x,r 1 o, lhi.s roldrrrr.t• r
' i f• , rrucl that. ult l.]rc eor.•crt«.rrts ar,tL a�wcentcrzls hcrci.n, con.totrtcl slta.iG rrtn �
1 With the, lamt arid. bind Me liar.~, e,recrtlors, acIrrri.ni.strators, successors and•assi(lits of tltc respectivc,prtrti.es
hc,rclo.
�tl Cn11I1101rJt l�1�)CCt4�,
11111n roll flx!:1 l,n,rly ha.n nr imx;il, thri.,r
,dlo lu Ire. exed:11.1"d, 1..,r,t.la d!ur'p"wald; .................
President and its......................................................and its Cor•porale seal to �
be lccrc:ntto affi:ruL, u,rtd sac.d jiart:i.C:.s...of the sccort,d Tzar°G Ita.v::.....
her auto set..UI.Q.1r....hand.s..,the day and year first above toritten,
.................... ....................I............
`-
1 . , hr• ]'rest°�'^,, f
a
,
IAl' ` ,,1�.r......1� ... .(.... !..........................................
Its ..�i �........................................... i
......... ............................ ... ........................................................... i
G%i•44a� 4'� ��I�n YSd.C!.�0 t' ,. USS.' 1 fr Z (. - - . ... •�-r• ,'\ _ ..
CountyD ...... .....................................
On this...............Z./.-sA ............................................clay of...................Janua.ry....:........ ........................... 19...7.Q.., before rne, a
t
...... ..........i ........................................,,...............................zoithin and for said County, personally appeared '
......................................C1pxe-nGr....5......Nby.
As. ......,lx..........,..............and ...............�.ip.�t�;rly.... ......h:�s!�Y...............:....................................
f
1 to me personally known, who, being each by me duly sworn...........................dial say that they are respectively
the....................................Pr!esrdcrtG:tcnrZxtlte..hus.ha.nd...and-wife..................................
:..ufxbltt^ccnrpura. irm:atusr�t�cL�i.�z•:t1:�
for..csccrt�t:in;�r�rczrcrr�:t;�rcrcdctli�I. lac:�sen�:�/jti�z�cl:z`.o:satrb:ts���z�zr>xe»��s:t�Ire;avz�Znz�arCe:sEzrl�nj`suicL:L'o1•p:��rntin,c, �
:rcracZ:t-lw.�saixl� res�rnn7:crat��z�cst�rzct�xczctL:scuZt��r�.be3tx�Lf gay'xst�itl��raz'�uzraGtoiz:Izyfux�lannt�y;o�,;ffz�T�oa>�rtc
:of................................................................:.......and.said........UPMence...S......Ka.5.by..,.....]x......azi ...B.QVQr.1y....J1A...a\a ...wife
cnt�'...................................:...............:..........:-:..............ach;nowledyed said instrument to be the free act and ecdrof said
ZCi.ICO.'r..pa'rtICS .:7
IDI PRE-SE IN,Cr.. Or, ; '7 //• s �� fir. `'�'
��. . ce .!�.......1,/. .. t:: y—y.................:.....................
•3 .Notary P-u lie, ..xa � - ...:...::.:...:.CountTj,.ltinn.
�" Y. l � ♦ !. T
MY commission expires..........................:.......................................... 19........... (!
SS.
County of......................An.ol,.i........................................ 1, •1J_. . ;.. ... .s... :. _ f. f i
,
1
On xy.
this....................14th..................................................day of...................,T.a.ztw� ................................1 19.7..0......, before me, a
NA*%!.r..y....L'ub1.4-Z....................................................................... ..., within and for said County, personally appeared !
....................CIarenGe...S.,....Nasby....J.r......ln4 ..... y......;11„ ....................::.................. i
............................................................................................................................._...... .................................................................................................................
......
to 7nx known,
p t` d the foregoin6 instrument and acicnowZ- i
1 ed-eed that ..tl evy...j2 exectcted the esan e.cas .and ime1ra,ecute free act and deed. '
.......\ 4Q.,rf��.5.....,.....- -.... t
rYotary Pz bli� '�*'^;~�s�"17).....................County, .Rim.
,. , a {
,on zxAircounty.1'r
.fit y commission expires.....................................EL z frnn^^�r 19............
• t
v ytOto
ti ^y 4t
€IIS ':� "� o o � I
N o o
h3 r, O J p' U j� .Cn, O r.. •N N .� :II. V�
Q C� '� ` o 'ten o �• I ':�j ;��
o f t3
O
C3 Id i
r
4 ' f
�;s ltncic rand entcrc;ch info this .. -..............................:..........day of I
y .....
�)tll� 19-.17-0.:, by and Gctuccn.........1)uCrY.....Luullicz... oml2any...............I... ...
..
i
l
a Corporatto,t rater the lams of the..S`atc of............:....MiJI.1IQS..A.t. ............................, party of the first part, and
.., ,1 t>,. ,. Tr r _1,..
...............C.J.�;.z.�..,t.�.�:....5.......,1�.r��.l��:..,...J.z'........�xz;.a.....,:.�...�.-ex.1.�.....��.......1�.,.�,:1.N.,...................... ......................................... ... ..........
parties of the second part; j
That the said part r/ of the. first part, in consideration of the covenants and aerce- i
nlcuts of said parties cif the sreond ;cart, he.rcinafter conta.in.ed, hereby sells and a6rces to convey unto
said parties of the sec<?nal part, ore joint tcrcarrts aauZ not as tenants in cornnaorv, their assl6ns, the survivor
of said parties, anal tic. hcirs and assa(n.s of t,lic survivor, by a...............W.a.rTdnty............I................................Decd,
acconapaanicd lr,t an abstract evid„neliq Food title in party of the first part at the date hereof, or by an
orvrrer's dra.plicatn ccrti.frcrta of title, upoti• the prompt and full performance by said parties of the second
part, n their part of this a reenicri.t, the tract...... of land, lyln6 and bein6 in the, County of.............................. {
........•..•.•..•,n.ol ...,,.,.,;•,•.,••.........................•....and State, of Minnesota, described as follows, to-wit:
Lots 6 and 7 and 71.1 that cart of Lots 8 and 9 lying Northerly of the fol-
lowing described line: Commencing at a point on the East line of said Lot 8 ;
;distant 71 feet North from the Southeast corner of Lot 10 ; thence Westerly to'
�a point on the Southwesterly line of said Lot 9 distant 69 feet Northwesterly!
from the Southwesterly corner of Lot 10 and there terminating . All in Block i
6, Spring Broolc Park, Anoka County, Minnesota.
This Contract for Deed is given in replacement of that certain Contract for
Deed dated January 14, 1970 , by and between the parties herein. i
.grad said parties of the Seconal part, in consideration of the premises, hereby agree to pay said party I
of the first part, at.............it5....dire.ct.io? ...................................... :...................... I
as and for tine pura7to&3 plica of said pr„mi;ed, tha tzcrri of....SevE.nte.en...Trl•ou.sand., and .......................
NoZ7,0 0 t hs..-.-..-.-..-.....-..-.-..-..-.-..-.-....-..-....-..-.....-..-.:.'.'.. I-.-..-..-.-.-..—..- -..-.-..-..-..—..—. __Dollars, I
inmanner and at times followings, to-wit: ......................._.............................................................................................................................
$1 , 500 . 00 Down, receipt of which is hereby acknowledged.
$15 , 500 . 00 Shall beaid in cash on or before October 17, 1970 ; no interest
p �
is to, be charged on this Contract for Deed balance . y
Seller is to pay all real estate taxes due and payable in 1970, all city
improvements of record to be paid in full, all debts and liens to be paid
in full . Buyer to be furnished with a Warranty Deed and house sold as is ;
this includes, debts and liens that are due and owing on or before January 14,
1970 .
Said parties.of the second part further coven-ant acid agree as follows: to pay, before penalty attaches thereto, all taxes
due and payable in the year 19.-7.1..... and in subsequent years, and all special assessments heretofore or hereafter levied,
also that any buildings and improvements now on said land, or which shall hereafter be erected, placed, or made there- r
on, shall not be removed therefrom, but shall be and remain the property of the party of the first part until this toll-
tract shall be fully performed by the parties of the second part; and at their own expense, to keep the buildings on said !
premises at all times insured in sonic reliable insurance company or companies, to'be approved by the party of the first
part, against loss by fire f,�r at (cast the sutra of..........F.Ift.e.en...Thous.and....Fim..c....llundr.ad....and..........................
............................. U.0.ti1s.-.--..-..-.-_.-_--- -.- -.-.- -_-_- - -.- -.-..-_-.-.-_-.-.. .-......-.-..-.-.-..-.-..-..-.-..-.-. .....---.-.-...Doi lars
and again,;t Ir,ss by windstorm for at least the surn of....r- •f CC'i1-.....rhousa-nd....F1v-o,.-.1-tun_dr.-e.d----and...................
._.. ....10•QLI1S_- -- - - - - - - -- -- - - - - - - -.-_-.-.-.-.-.....- - - - -- - - -- - - -- - - -- - - - - - - -- --
..._0 ..... ..............................•--•---.-.-_..-..... ...,_...._. . . _.._.:_.._...........-_...--......_.-...Dollars,
1>ayabie to said party of the first fart, its successors or assigns, and, in case of toss, shnvid there he any surplus over and
above the amount then oxviniz said party of the first part, its successors or assigns, the balance shall be paid over to the
said parties of the second part as their interest shall appear, and to dept sit with the party of the first part policies of
said insurance. But should the second parties fail to pay any item to be paid by said parties under the terms hereof, same
may be paid by first party and sliall be forthwith payable, with interest thereon, as an additional amount due first party
under this contract.
But should defacrlt i,c made in the payment of principal or interest due hereunder`, or of any part thereof, to be by
second parties paid, or shcndd they fail to pay the taxes or assessments upon said land, p retuiut:rs upon said insurance, or
to perform anv or either of t!ie covenants, rc;reements, terms or conditions herein contained, to be by said second parties
kelt or pert"rarrted, tht• said party of the fiat part may, at its option, by written notice declare this contract cancelled
and terminated. and all riitts, title and interest acquired- thereunder by said second parties shall thereupon cease and
terminate, and all imt,rm•cctertts Made uporl the preritises, and all payments made hereunder shall belong to said party
of the first part a•: linuidated d:tnag:eq f;,r breach of this contract by said parties, said nr,t;ce to he in accordance
I'vith the sta'e'c in +.;.-h c sc nrvlc and l•rnvidcd. Ncit!ter the exten=ion of the time of payment .of any sum or sums of
rnnr.r.; to he paid ht-relrr.rler, n•tr an.; waiver by the party of the first part of its. rights to declare this contract forfeited
by reason rf art 4 l,rc;trh thcrvof, ,]tall in .rot manner affect the• rit!ht of said l.arty to cancel this contract because of
defaults snhsegncntly nraturinc;
1 � >
' ..Jc i;.i w,.i.,(..�.. l.�.r, f)1� •i��. .,. ,.�.�� ..i., �: .. ,:�.,. .•. , .11 f4 1/i.E iLlI, G, ilU�� r,i'. iii(.
be an essentiat part of this Contra(.(; and that all the corenanls and a�ircenients herein, contained shalt
run with the land and b1nrl the heirs, execrators, adnr:inistrators, successors and assi6ns of the respective
parties herclo.
3111 ZeMimonp IT.I fici'eof, Thr said fr:si, '1r07-111 has cartscd these
i= presents to be, executed in its corporate name by its...................................
Presi,lrr,#,and its ......... ... .....and. its cou•norale sell fn
be h.creun.to afii cd, and said parties of the scrond part have
kercunto set their hands the day and year [Irst above. v.rittarr..
DUEF.x...)a - BER...COMPAN.Y. ........... .
I3y:. ............�.... //�
In PrCSenee of Its...........Cch.. ......1//� President
...........- ��' ����1 f�.- a.4, .n . . .......
:. ?....... ..............:............................................... Its...
As tgfClaxence S.- Nasb & Beyerl Nasb �................... -.,,.., ... .. . ... . ................................
y" - - X. y Crence 5 �1 S �' r .............................................
,{
Beverly/H Naseby
ss.
County of..........AZI.O.la..................................................
On this.. �.`.:.... ..............................day o ..G' ................................................` 19..1.. .., before me, a
.! f•.
I
........N.Q.Ia.xy....Rijh.li.r..............................•...................................,...........within, and for said County, personally appeared
..............................................................................................................................and..................................................................................................................
to me personally known, who, bein6 each by me, duly sworn..............................did say that they arc respectively
t7w....................................Presiden.t and the.......................................................................................of the corporation named in the
fore;oin,_s instrument, and that the seal alAxed to said instru.ni.ent is the corporate seal of said corporation,
and that said iustrum.ent was sifted and sealed in behalf of said corporation by authority of its Bourd
. i Of........................................................................and said........................................................................................................................................................
and......................,....................................................... acknowledged said instrument to be the free act and deed of said
j enrporation. n /7
!
- Notary Public....................................................:..................:Cou,nty, .91inn.
i
Jrlyeonpnr,ission expires............................... '
JAMES M. Nt ILSO N
t v6 646 rJ �yJlr� � ��
Nolziry f iiNic, Anoka Cou;ty, /inn.
Ramsey SS• IJryCon.r„issico Expires h;!; 7977
County of.....................RS�riR.......................... ...........
E .
I 20th August 70 '
On this ...day o ........1 1 .19............ before me, a
i
...............Notary....Pub.1. .e...................................................................... withiaz and for said County, personally appeared
.....Gj.ax.en.Ge....S......N.asb..y........Jr.......and....Revexly H.,.....Nas.b.. ..
..........................................................................................................................................................................................:................................................................. I
to me known to be, the persons... described in and who execrr.ted the fore6oina instrument., and acknowl-
edged that ...th,e..y. executed the sante a.s..........th-e•i•Y...........•••free act and deed. �..
lE�� : ; �,I�li�ELLA ! ..!< ... ........................................... I
gggCpC�(, LGCI,CR, J Judith A. Harris
Attomeis at !a: Ramsey
t,i :in Sireet
Votary Public................................. ...................................Cotr,71ty, Ni.nn.
118 East
' mnesota 55303
Anoka, M February 17 , 7 o
Myconzm,ission expires.....................................................................1 19.......,...
E
I
C v w
A u iG ro O yr O E, p h
r � � Q c"� " o � Rl c, oq E� � • ,
tt
h a
November 20, 1970
Tames M. Neilson
118 E. Dain Street
Anoka, Minn. 55303
Re: Lot Split 170-13, Duffy Lumber Company
539 Fierce Street, Anoka, Minn.
Pear Mr. Neilson
Please be advised that the Fridley City Council recon-
sidered your lot split request at their meeting- of November 15,
1970.
D
The Council did alter their previous recommendation
and reapprove the split along the division line that you had
originally renuested.
if you have any questions, please call.
-- furs y' . my J
DARREL CLARK
Engineering Assistant
DC:ob
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