HomeMy WebLinkAboutJundt Doc.No. 2092886Subscribed and sworn tr bofnre me
this 22nd day of uay, 1041.
,fose.h l:. Vesely Joseph C. Veaely,
notary Publio, Honnopin County, Minneanta.
Uy aomminslon e.wpires Jan. 29, 1u43.
(Notarial Seal)
JJJJJJJJJ
Duo, No, 2092856 tiled JunC 9, 1941 at A'.ZQ o'clock P. V.
41217?
State of Minnesota
county of Hennepin
it, the Matter oi' the Petition U
John .3. Pillnbury, Eleanor i,.?Ulabury, )
his wife, Elbert L, Carpenter and
Florence Wellea Carpenter, his wife. Vnr
the alteration of pertain parta of the )
plat, of the Rearrangement of Orono Paint)
in the County of Hennepin and State of )
Minnesota, )
District Court
Fourth Judicial District
4rdar Altering Flat
The above antitled mutter ottme an .for hearing before this Cflurt at a special term
theraof held at the Court House in the City of Minneapolis, Hennepin County, Minneaota, an the <
eth day of June, 1941, pursuant to an Order of this Court dated the 12tr day of May, 1941,
llesare, Raegre, Benoon & Krause appeared in attorney8 for said patiyionera and no one appeared
in appoaitfon,
it appearing that notice of this hearing was properly given, as required by law and that
the Court had jurisdiction in the premiaas, the Court, having read the Petition, having heard i.
the evidence adduoed at amid hearing, having; heard the ramark4 of uaun8el and being fully -
advised in the prorninas, now makes and adopts tho following:
r
Fir<dings Of Fast. i
i, mhat that aertain bay in Lake Minnetonka, the shore line of which according to fha
reoorded plat of the Rearrangement of Orono Paint on,f ile and.df raavrd in the office of the
Register of Dead@ in and for the County or Hanaepin and State of Uinneeota farms the,&,iq
r
pert of the northerly bo%udary of Lot Nine (9) in said Rauvrangament of Oroasa Point and.tha
greeter part of the southerly boundary or Lot Ten (10) in said Rearrangement. of Orono Paint,„
it filled in, reclaimed and graded to substantially the same level as raid adja,:ant Lbta'N9AAla
(a) and. Teo (10).
xr
a, Tijot John B. Pillsbury' anal Eleanor L. Pillsbury, bra wife, ate the o,txmorM 1z 1N0iL ritA,�_
joint t*'n,,tzts and not as tenants in o6pmonr and are in possession and 000upgroy: or t>ta
follawirt iiesaribed land, looated in said eo=ty.or Hanriapin a.nd Stato of„litnmsaaaz Via;i
Lots 4`hria (S), 7►qur (4J, ielve (s).► air (4) sad theses parts of Lott_Nino 19) and -T*IfF ttLaj
in said .RearY"ement a_t Orono Point I.TW ;itoutoherlr and txi;t" Pi ttie fo'liex
i..
liar t0• Mrit: fellmnUS at` a po1At in the ofaler- liho oP eant*f 'Aff t>i ► i 11td ,'aa 'j�jA'
f
a. lv. J., ii'3. .i5s?? �-.ru.'-fP .._ t i. }'
160
dedicated 1h the plat of mold Rearrangement or Orono Paint, whioh paint is rive hundred
sighty-eight and 46/joo (068,96) feet northerly, measured alextg the oanter line of said
Center Avenue, from the larthxasterly ddrnsr Or Let Five (5) in said )fiearrsngemont or
orono�Point, thcnoo southerly along the oanter lino of will Avenue five (6) root; thence
eoutharly and southwesterly oh a tangential ourva tO th9 rirrb" with A radius or ten
I twenty-one and 17/100 (221.17) teat, a distalfoo of one hundred sixty-nine and
30/100 (199,35) foot; thanne aruthwasterly on a line tangent to said last described
curve, a distance of five (5) feet; thence southwesterly on a tangential curve to the
right with n radiae Of fear hundred forty -rive and n/100 (445-72) raat,a dlatance oS
One hundred nlnotesn and 25/1o0 (119,26) rest; thenoo southwesterly on a line tangent to
said last deauribod ourva. 8 dlstAnOs Of One hundred 6-ven RmY 3/lo {i0'7.31 teat; thence
xastarly making an angle of forty -roar 43agreen (440) forty-two minutes (421) tO the
right from said lust dosoribod course, a distance or sevanty-nine and 3/10 (79.3) teat,
more ar lens, to the shore of Lake MIMIstonka, together wit4'411 aoorations to said Lots
!line (9) and 'Fen (10) lying southerly and eamt#rly of the above demoribod line including
thereby that part of the above described filled in and reolaimed bay in Lake uinnstonks
lying southerly :ri(j samtsrly of said abov# deaorlbod line,
J. That Mart L. Carpenter and Floreno# 'Kailas Carpenter, his wire, are the Owner&
in fee, as joint t#nanta and not at tenants in common, and era in pesoeosion and
Oooupsnoy of the ro17ocng desoribed land l000ted In maid Caunty of Siennapin and Mats
or VIRnamotmw riS.t )iota 9avon (7) and Right (d) and that part of Lab Wins (u) in said
Roarrosgi wnt or Orono Point lying northerly and westerly or the following described
line to wits Ooginning at a point in the oanter line dr COntie Avenue as laid out and
dadioat#d in tika plat of laid RearrRn'.ftmnt Of (hone Point. which point to five hundred
eighty -sight and 00/to€1 (688.95) foot, ;strthtrly, mmasurtd along the cantor line or said
Center Avenue, rrotu the Northwesterly 0OCner ai' Lot live W In Said Rtaerangap,ent of
Orono Points thonot southerly along the center line of said Avan4e five (5) fast; thones
southerly and touthwest#rly on a tw Wntial Curve to tbs right *ith a radium of two
hundred twenty-one and 17/100 (281.17) feat, a dtatamo of ono hundred sixty-nine and
3b/100 (169.3a) r#tt; thence southwtstarly an a lint tangant'te said Last dssoribad
ourvo, a diatanom 0" rive (5) fast; thence msuthwastorly an a tangential oury to the
rlgbt with a radius of four hundred forty -tire and 72/1b0 (445,1e) fast, ■ diatoms of
ono hundred nineteen and 25/100 (119.25) fart; thaaeo ■outhwottarly on & iiuo tangent to
said last described ours#p a dlstanoo of am hundred seven and S/11t (107,S) foot;
thence westerly tmeRIAg an angle or forts -four dsgroas (dos) Corty-two eduvtos (40, ) to
the right from said last d#eoribod courmt, a distaiioe of seventy -pins and 3/10 (7e,a)
feat, ■er# or leas. to the short of Lske ilinnatonka; also that part oe Lot Ton (10) iw
maid Ra4rrarrPoent of Drone Print lylnla northerly and waateriy or and ad4soont to said
above described lint; top%kor with all acarat'iens to maid Lots mine (9) and Ten (10)
lying northerly and westerly of said mass• ds*orlbod lInr inoludigs £Hereby that'part of
tit above described filled in and roolaiwed bay in Lsko Wah*tonka lying' northerly and
westerly of maid obova-doseribed lint.
f. That John ,3, P1llibury, 3lhanct, L. Pillsbury, #pis wile, tlbasW (.,`Carpenter and
ploranom ',taller Carpenter. his wino, Uvs'Sradsd ang_wipiAtalaad as a rwa,"W far
.rn ,...i..-.-. _..�. ��::`-i�n'�.aaic-a1..a;e:.G.vas��'dsf
161
themselvef for the purpose of providing Ingress and egress to and frons their maid lots a wttip
of land twenty (2O)feet In width over and eoross esld Lots Nine (9) and Tan (1(3) and amid -
aoeratlens thereto in said Rearrangement of Orono POInt, Bald strip of land being tan (16)
feet on each aide aP, mai,aured at r1Rht angles to, the fallowing dasaribed line to wit:
Bsglnning at a paint in the center line of Center Avenue as laid out and dedicated in the plat
of said Aearrangamont of Orono Point, whloh point is five hundred eighty-eight and 95/10O
(513a,96) feet northerly, measured slang the oentar line of said Center Avenue, truss, the
Rdrthwegterly corner of Lot irivo (5) In Reid Rearrangement of Orono Point; thence southerly
along the penter line or said Avenue five (6) faeti thence southerly and southraeterly on a
taangential ourve to the right with a radius of 6No hundred twenty-one and 17/100 feet,
a distance of one hundred sixty-nine and 38/100 (18R,38) feet; thence southyvebterly on a
line tangent to sold last described curve, a distanoo Or fivo (6) feet; theme southwesterly qn
a tangential vurve to tha right with a rndlV* of, roar hundred forty -rive and 72/100 (445.72)
feet, a distance of one Hundred nln*teen and 23/100 (119.25) fbet; thnnoo southwasterly on a
lino tangent to nald last described ourve, a distance or one hundred aspen and 3/10 (107.31
feet, thetu,e acuthweatirly on a tangential ourve to the left with a radius of fifty-oll (66)
Beat, a distance of nlnotsan and 7/10 (18.7) rest; thence southerly on a line tangent to said
loot domajib*d curve, m dletonae or six and 5/10 (5,8) rest, thane southerly on a tdngentldl
ourve to the tuft with a radius of Ono hundred sixty-nine and 7/10 feet (itl9.7), a distlnde
of forty -throe and s/14 (55,9) foot; thanoe soutberly on a line tangent to said last
described ourve, it dlstenoe of twenty and u/10 (20.8) rest; thanes soutberly on a twMential
ourve to the left with a radius or o*venty-eight and 1/lo (70.1) feet, a dlstanae or twenty-
eight and 15/100 (20010) rut, fore or leas, to a Point In the center line of Harder Aronua as
now laid Out and dedigatod in the plat of Bald ItearranPe*tent or Orono Point.
S. That that, arrtaln portion or Border Avenuti on laid am snd dediostad over and aoMeas
purl ai' ',ot Hine (q) in *aid Hoarrenp,ement or Orono Tolnt, being Ghat Vsi'6lori of said
Border Avenue that lied between the westerly Sine or Canter Arenas me laid out and dedieated '
In the plat of said Rimarracp,*aent of Orono Point and a iin* drawn eereff said border Avenue
at right angles t., the s1-,* 1111*e of said Avenue thraubir said last described point In ;bid
wl,ova dasaribed strip of land■ is no l9n8or used or traveled all a public street egoapt tv the
limited extant that the sewn to Included in •aid above nesoribed strip of land, and that said
portion of Border Avenue is useless ror the pairpeew tar wpioh it w%s laid out.
o, That that a*trans portion or Center Avenue in said RearlanRomont or Orono mint lylsr
southerly of a Sin* drawn across maid Centat AVen*a at right anF,lei to the fide lines Of saki
Avenue from a point in the westerly line of Center Ar*nU* Fh+r* loin westerly line is
intsra:ot*d by the southerly line or sate abov* do"ribed strip or land,l, if udelefo ror the •A
purpose for which it was laid pat, to wits a publlo street,
7, That John S. Pillsbury and {leaner i,. Pillsbury, his wire, are the ow Mrs In fee, fa
joint t*nanta and not as tenant* in ocaran, of all of those lets or pertiood thsraor in said
Rearrongao.rnt or Orono Point between which 7is and over and maroon *high are laid but said
above dasaribed portion* or ConL*r and 8or4sr Avenule,
S. t'hat x1t or said above described land is loosted in the Town of Orono in said Ceunty -1
and State and said 'torn is not arsanised under a chart*r or dusoial law providing a methgd or
pr000dure far the vacation or atrests or public grounds by the Municipal authorities therein.
o. That all taxesassessedagainst said land have bean paid.
- Conolztstana of Law And Order
It appearing to b.proper that said Petition mhdt,ld be granted,
�.- Now, Therefore, It is Ordered And Adjudged tLat the recopdod pla[ of the
I
�. AaarrangemOnl Oa Orono Point ort file and of record in the onfios of the Register of
Deeds in and for the County of Hennepin and State or Minnesota be and the pstav is
boreby alte'rad by vacating said portion of Outer Avenue hereinabove cSesoribed in
paragraph a of the Findings of Feet, by vacating maid portion of Border Avenue herein-
above domarlbed in paragraph 5 of aa:ld Findingo of FaoL, and%Vy aubatltutIng for said
portion or Rordar Avenue hereby vaoatod, and by eetahlishing es A publlo road in lieu
titoreof, aaid strip of land herainabove described in paragraph 4 of "aid FlndlnHO or ,
And It In Hereby Furtber Adjudged that tilt title to laid portions of Border and
Center Avonuee hereby vaoated is voated In fat in John 5, 1'i1.lrbury and EleanOr 1..
Pil.iobury, his wife, as joint tanants end not as tenants in 607MOn,
nated This 6 day as' JUnD, 1941.
Ay mils Ccurb.
Luther W, Youngdahl
!ndorecd Judge
Filed
Sun g 1041
Dec. E. i:ovorley, Clark
Paul 8, Olson Deputy
41ZI7'1
Stitt Of Minnesota) District Court
eduoty nt Hennepin jar' rourth Judicial Dimtriot
I, qed. H. Hamndri►y, CIerH of tho above nmw*A Court, do hsrvbr oartify test I
have eompared the paper writing to which this oertitiosty is attached with the original.
Order altering plat, 1n the actlon there entitled, es the maze appears of rsoord &rid An
file in the said Clerk's offloop at th# Court House in said Uirnnoptn County, Minnosota,
and find the seed to 8v a true and correct copy thereof, and of the whole thereof.
In TsstimOny 'Wraof I have heromto sat my hand and afflsed the oval of said
tlimt—iot Court, at the City of Minneapolis, in raid Cmsety, this %b day or June A.D.
1941.
. Asa. B, ilestper Ise
__ ElLerk of Dirtrlat GausL,
- By A. C. Tonrrills
--, - 014trict Coate 9eaLj
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