1960-03-14MINUTE BOOK OF THE VILLAGE COUNCIL OF THE
OF MOUND, MINNESOTA - March 14, 1960
VILLAGE
-!
MINUTES OF THE ADJOURNED MEETING OF MARCH 14, 1960
12:30 P.M. at the Mound Village Office.
Present were: Mayor Larson, Trustees Batdorf, Petersen, Attorney
Ploetz and Manager Boxell.
Mr. Howard T. Orr of the U.S. Post Office Dept. was present and reported
on requirements of the government, and the Village Attorney reported on
specific procedure of such proposed action; the village council adjourned
to the proposed site for the l~ost Office.
The Village Council reconvened at Z:30 P.M. at the Mound Village Office.
. A RESOLUTION AUTHORIZING THE MAYOR, CLERK, AND ATTORNEY
TO CLEAR TITLE TO CERTAIN I~ROPERTY IN THE VILLGE OF MOUND
AND TO OFFER THE SAME ON OPTION TO THE POST OFFICE DEPT.
Batdorf offered the following resolution and moved its adoption.
seconded the motion.
Petersen
BE IT RESOLVED BY THE VILLAGE COUNCIL, VILLAGE OF MOUND,
MINNESOTA:
1. That the Village Attorney be directed to register title under the
Torrnes system title registration for the following described lands:
That part of Lot 7, Auditor's Subdivision Number 170, Hermepin
County Minnesota, described as follows: Commencing at the intersection
of the southerly right of way line of County Road No. 15, and the easterly
line of Lot 6, Auditor's Subdivision Number 170; thence eaterly along said
southerly right of way line 68 feet 8 inches to the actual point of beginning;
thence southerly at right angles to said right of way line, to the extension
easterly of the. center line of the alley which lies south of Lots 1 to 6,
Auditor's Subdivision Number 170, thence easterly along said extended
center line of said alley to the intersection thereof with the easterly line
of Lot 7, being also the most westerly or exterior line of Lot 25, Auditor's
Subdivision Number 170; thence northerly, northeasterly and easterly along
the said exterior line of Lot ZS, to ,Ihe most southerly corner between Lots
? and 35, Auditor's Subdivision Number 170; thence northerly along the line
between said Lots 7 and 35 to the most northerly oorner between Lots 7
and 35, Auditor's Subdivision Number 170; thence westerly along the south-
erly right of way line of County Ro~ld No. 15, to the point of beginning, also
That part of Lot 25, Auditor's Subdivision Number 170, Hennepin County,
L/~mesota, described as follows: Commencing at a point on the southerly
2
right of way line of County Road No. 15, 168 feet 8 inches easterly of the inter-
section of said right of way line and the easterly line of Lot 6, Auditor's Sub-
division No. 170; thence southerly and at right angles to said right of way line
to the most northerly, or exterior, line of Lot 25, Auditor's Subdivision No.
170, being the actual point of beginning of the tract described herein; thence
southerly on said line drawn southerly from and at right angles to said right
of way line to the interior line .of. said Lot 25; thence westerly, southwesterly
and southerly on said interior~/e to its intersection with the easterly exten-
sion of the center line of the alley which lies south of Lots 1 - 6, Auditor's
Subdivision No. 170; thence westerly on said extension of the center line of
said alley to the exterior, or most westerly line of Lot 25; thence northerly,
northeasterly and easterly to the point of beginning, also
That part of Lot 36, Auditor's Subdivision No. 170, Hennepin County,
Minnesota, lying northerly and westerly of the two intersecting lines described
as follows: first, the easterly extension of the center line of the alley lying
southerly of Lots 1 - 6, Auditor's Subdivision No. 170, and, second, a line
drawn southerly from, and perpindicular to, the southerly right of way line
of County Road No. 15, commencing at a point thereon 108 feet 8 inches easterly
from the intersection of said right of way line and the easterly line of Lot 6,
Auditor's Subdivision No. 170, and also
That part of Lot 37, Auditor's Subdivision No. 170, Hennepin County,
Minnesota, lying northerly and westerly of the two intersecting lines described
as follows: first, the easterly extension of the center line of the alley lying
southerly of Lots 1 - 6, Auditor's Subdivision No. 170, and, second, a line
drawn southerly from, and perpindi~ular to, the southerly right of way line of
County l~oad No. 15, commencing at a point thereon 168 feet 8 inches easterly
from the intersection ~[ said right of way line and the easterly line of Lot 6,
Auditor's Subdivision No. 170.
2. That the Mayor and Clerk be authorized and directed to execute, in
favor of the State of Minne~)ta, a conveyance of that portion of Lot 7, Auditor's
Subidvision No. 170 as described above.
3. That the Mayor and Clerk be authorized and directed to bid at State
Tax Sale, at such price as they deem reasonable but not to exceed $500.00, for
that part of Lot 7, Auditor's Subdivision No. 170 as described above.
4. That the Mayor and Clerk be authorized and directed to execute the
attached option to the U.S. Post Office Department, for the purchase price of
$1,500.00, for the option consideration of $1.00, for the four tracts of land as
described above, for the period of 365 days for the exercise of said option and
the closing of said purchase, and specifying the mutual understanding that the
Village is pursuing land title registration proceedings for Torrnes registration
of the title to said land.
Roll Call Vote:
So carried and resolved.
I~atdorf Aye
Peter sen Aye
Lar s on Aye
OPTION TO PURCHASE LAND ~ ~ ~
1. In consideration of the sum of one dollar, and other valuable considerations to me in hand paid, receipt of which is hereby ac-
knowledged, the underlined hereby grants unto the Postmaster General of The United States~gns the irrevocable option or
right to purchase witfA'~q~ days from the date hereof for the price of $
lng described pefco, of land situated in th~o~~ ~ ~ the follow.
~unty ~ ~ , ~ne stat, ~ ~ '
~ te-wit:
2. Election to purchase shall be signified by written notice thereof served upon the undersigned within the above limited time, and
thereafter the undersigned shall deliver to the Postmaster General or his assigns without delay a title insurance commitment, written by a
title company satisfactory to the Postmaster General, obligating the company to issue a policy of title insurance to the Government or Its
assignee of the type and in the form customarily used in the community where the property is located in an amount not less than the pur-
chase price, guaranteeing title at the time of closing in the condition required in this Option. If the title insurance commitment is made
subject to any defects, encumbrances, liens, charges or other objections, then the undersigned shall have 30 days from the date of the com-
mitment to remove the same ar make arrangements satisfactory to the Postmaster General to remove the same at the time of closing. If the
undersigned fails to remove or make arrangements to remove such defects or other objections as aforesaid, the Government or its assignee
shall have 30 days either to effect their removal and charge the cost thereof against the purchase price, or to terminate said agreement to
purchase. Any de'lay caused by the removal of the defects and other objections as aforesaid, shall extend the closing date the numberof
days equal to such delay. If the use of the property or the construction of a building for postal purposes is prohibited by restrictive cov-
enants or by any law, regulation ar mandate of the state ~r local government, such prohibition shall be considered a defect in title subject
-to the pr~visions of this paragraph. If title can be conveyed in the condition required hereunder, the parties agree to complete the sale
within 30 days after the delivery of the title insu~l~tn~11~h~l ~ ~
3. The sale shall be consummated at
by the delivery of a warranty deed with full covenants conveying a marketable title, by payment of the purchase price and bydeliveryof
the final policy of title insurance by the undersigned.
4. Real estate taxes which are assessed, levied, imposed, or which are a lien on the property, on the day the sale is consummated,
as well as rents, general and special water and sewer rent or rates, electric and gas charges, if any, and the fallowing, charges are to be
prorated and adjusted to the day the sale is consummated:
$. The agents, employees or representatives of the Post Office Department or of lease bidders shall have the right, during the per-
iod of this option, subject to the use made of the premises by .the undersigned, to enter upon the said premises for the sole purpose of in-
specting the same and making test borings, plans and topographical surveys in connection with optionee's contemplated uso of the pram-
itel. Optionee or the lease bidder concerned, as the case may be, at its expense shall promptly restore the property of the undersigned to
its original condition in accordance with good engineering practices.
6. Possession of the property shall be delivered to the purchaser on the day the sale is consummated unless a different possession
date is herein specified.
7. It is understood that the Postmaster General contemplates assigning this option to a bidder for the purpose of having constructed
on said property a building or buildings to be used in whole or in part for postal purposes and to lease all or parts of the same to The
United States of America.
8. As used in this Option, the term Postmaster General includes the Postmaster General, the Assistant Postmaster General, Bu-
reau of Facilities, or a duly authorized representative of either such officer.
9. The following paragraphs were added or deleted before execution:
IN WITNESS WHEREOF, I, (we) have hereunto set my (our) hand(s) and seal(s) this
7'e/ephofle of Optiofler
POST OFFICE OEPARTIdENT
OPTION TO PURCHASE LAND
1. In consideration of the sum of one dollar, and other valuable considerations to me in hand paid, receipt of which is hereby ac-
knowledged, the undersigned he.grants unto the Postmaster General of The United States~gns the irrevocable option or
right to purchase within d~.y~_f~om the r the price of
lng described p~ituated in the~j~ ~ ~e ~~ .... s the fallow.,
County of ., and State of ........ , to-wit:
2. Flection to purchase shall be signified by written notice thereof served upon the undersigned within the above limited time, and
thereafter the undersigned shall deliver to the Postmaster General or his assigns without delay a title insurance commitment, written by a
title company satisfactory to the Postmaster General, obligating the company to issue a policy of title insurance to the Government or its
assignee of the type and in the form customarily used in the community where the property is ~ocated in an amount not less 'than the pur-
chase price, guaranteeing title at the time of closing in the condition required in this Option. If the title insurance commitment is made
subject to any defects, encumbrances, liens, charges or other objections, then the undersigned shall have 30 days from the date of the com-
mitment to remove the same or make arrangements satisfactory to the Postmaster General to remove the same at the time of closing. If the
undersigned fails to remove or make arrangements to remove such defects or other objections as aforesaid, the Government or its assignee
shall have 30 days either to effect their removal and charge the cost thereof against the purchase price, or to terminate said agreement to
purchase. Any de'lay caused by the removal of the defects and other objections as aforesaid, shall extend the closing date the numberof
days equal to such delay. If the use of the property or the construction of a building for postal purposes is prohibited by restrictivecov.
enants or by any law, regulation or mandate of the state or local government, such prohibition shall be considered a defect in title subject
to the provisions of this paragraph. If title can be conveyed in the condition required hereunder, the parties agree to complete the sale
within 30 days after the delivery of the title ins itbm
3. The sale shall be consummatedat ~ ~l~~
by the delivery of a warranty deed with full covenants conveying a marketable title, by payment of the purchase price and bydeliveryof
the final policy of title insurance by the undersigned.
4. Real estate taxes which are assessed, levied, imposed, or which are a lien on the property, on the day the sale is consummated,
as well as rents, general and special water and sewer rent or rates, electric: and gas charges, if any, and the following charges are to be
prorated and adjusted to the day the sale is consummated:
5. The agents, employees or representatives of the Post Office Department or of lease bidders shall have the right, during the per-
iod of this optian, subject to the use made of the premises by the undersigned, to enter upon the said premises for the sole purpose of in-
specting the same and making test borings, plans and topographical surveys in connection with optionee*s contemplated use of the prem-
ises. Optionee or the lease bidder concerned, as the case may bet at its expense shall promptly restore the property of the undersigned to
its original condition in occordance with good engineering practices.
6. Possession of the property shall be delivered to the purchaser on the day the sale is consummated unless a different possession
date is herein specified.
7. It is understood that the Postmaster General contemplates assigning this option to a bidder for the purpose of having constructed
on said property a building or buildings to be used in whole or in part for postal purposes and to lease all or parts of the same to The
United States of America.
8. As used in this Option, the term Postmaster General includes the Postmaster Generalt the Assistant Postmaster General, Bu-
reau of Facilities· or a duly authorized representative of either such officer.
day of
IN WITJ~PRI:OF, I, (wo) havo horeunto~t my (our) hand(s) and seal(s) this
POD Form 4828
May ]958
Addreee of Optlonor
Telephone of Optioner
(Instrument should be properly acknowledged)
' ~n~sota, ~sc~vea as Zo~e~ ~~ at the ~at~seet~ ~ the
s~therly rl~t ~ ~ l~e of Comty R~d No, 1~ ~d the eastef~
say 00 eet inc . t0 the aet po t
south~ at ~t ~glee to said ~ght of w~ ~e~
~ the een~f ~ne ~ the ~ey w~ ~ south ~ ~te 1 to 6~ Auditors
s~v~i~ N~f 170; ~hence ~stef~ ~ong said ~te~d ~nte~
~ey to the ~te~secti~ t~ ~th t~ e~tef~ line of ~t
r~, not,newberry and e~te~ ~ the
t 2%~ to the ~t sou~er~ corer bet~en ~ 7
r 1~ ~e norther~ ~g t~ ~e be~n said ~ 7 ~d ~ to the
nor~ner~ co. er be~een ~t8 7 and 35. Au~torJ8
~e west~ ~o the 8outhe .........
uae po~ ox men--g) ~o
That part af Lot 25s Auditor's Subdivision Number 170, Hennepin County,
~innesota, described as follows, ¢camencing at a point on the southerly right
of way line of County Road Mo. 15, 168 feet 8 inches easterly of the lntersectio~
of la.id right of way line and the easterly line of Lot 6, AuditOr,s Subdivision
No. 170; thence southerly and at fight angles to said right of 'way line to the
meet northerly, or exterior, line of Lot 25, Auditor,s Subdivision No. 170, being
the actual point of beginning of the trafft described herein; thence I~outherly on
said line drawn southerly frost and at right angles to said right of ,ray line te
the interior line of said Lot 25; thence westerly, southwesterly and southerly
on said interior line to its intersection with the easterly extensicei of the
eenter line of the alley which lies south of ~ote 1 - 6, Auditor,s $~d~division
No. 170; thence westerly on said extension of the center line of said alley to
the exterior, or J~oet westerly line of Lot 25; thence northerly, norl;heasterly
and easterly to the point of beginning, also
That pa~t of Lot 35, Auditor,s Subdivision No. 170, Hennepin County~
Hinnesota, ~ezmzz~ lying northerly and westerly of the two intersecti,~g lines
described as foll~rs~ first, the easterly extension of the center li~m of the
alley lying southerly o~ Lots 1 - 6, Auditor's Subdivision Mo. 170, and, second,
a line dra~n southerly from, and perpindicul&r to, the x~ southerly right of
way line of County Road No. 15, comuencing at a point thereon 168 fe, t 8 inches
easterly from the intersection of said right of way line and the easterly line
of Lot 6, Auditor's Subdivision Mo. 170~ a~d also
That part of Lot 37, Auditor,s Subdivision No. 170, Hennepin County,
Minnesota, ~ lying northerly and westerly of the two intersecting lines
described as follows: first, the easterly extension of the center ltJ~e of the
alley lying southerly of Lots 1 - 6, Auditor,s Subdivision No. 170, ~md, second,
a line drawn soatherly fr~, and perpindicular to, the southerly right of way
line of County Road No. 15, ccanencing at a point the~eoa 168 feet 8 lnche~
easterly from the lntersectice of said right of way line and the easterly line
o~Auditor,s Subdivision No. 170.
3-4
ON LAKE MINN£TONKA
MOUND, M! NNE$OTA
March 2~, 1960
Barbara Heyman, Clerk
Village of Mound, Minnesota
I~ H.B.R. Larson, Mayor of the Village of Mound, hereb~ call
a special meeting of the Village Council to be held in the Mound
Village Office~ March 23, 1960 at 12:00 P.M. O'clock Noon.
To a~t on petition of Douglas Beach for Annexation ~ the
Village of Mound.
You are hereby directed to give notice of the meeting to each
member of the Village Council.
H.B.Ro Larson ~ Mayor
ON LAKE MINNETONKA
MOUND, MINNESOTA
March 22, 1960
Mro Byron Petersen
Mr. Gordon Batdorf
Mr. Howard Orn
You are hereby notified that pursuant to N.S.A. Section 412e
191~ the Mayor has called a special meeting of the Village Council to
be held in the Mound Village Office, March 23, 1960 atl2:00 noon.
ara Heyman ', Clerk