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04-12-2004 Council Packet
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04-12-2004 Council Packet
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• M <br />12. That the Order for Summons contains an error in that it state that defendant Robb Rudd is a resident of <br />Minnesota, whereas in fact, on the date of the Order for Summons, he was deceased, and his heirs have <br />been given notice of this proceeding by publication <br />13. That, to the extent that Applicant does not have record title, he, and his predecessors in interest have <br />acquired title to the above described land by adverse possession by occupying it for more than 15 years in a <br />manner which is actual, open, continuous, notorious, exclusive, hostile, and accompanied by an intention to <br />claim adversely. . <br />. l4. That the occupants of the parcels which abut the parcel claimed adversely by applicant are: Gary L. <br />Valenta and Carol D. Valenta (parcel to the Northwest), Michael L. Theis and Bonita K. Theis (parcel to <br />the North), Richard Rudd (parcel to the East) and Charles H. Kickhafer and Maxine K Kickhafer, aka <br />Maxine B. Kickhafer, and the City of Orono (parcel to the West). <br />IS. That all the material allegations contained in the Application are substantially true, as herein stated, <br />except as hereinabove found, and that the Applicant is entitled to the relief prayed, as herein provided. <br />NOW THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows: <br />1 . That a default as to each defendant named in the Summons and any amendments or supplements <br />thereto and all heirs and devisees of any of the persons named therein who are deceased and “all <br />other persons or parties unknown claiming any right, title, estate, lien, dr interest in the hereinafter <br />described real estate”, is entered in the above entitled action. <br />2. That Roger H. Diesen, whose post>office address is 105 Beach Drive, City of Rockford, County <br />of Wright, State of Minnesota, is the owner of an estate in fee simple of the land in the County of <br />Hennepin, State of Minnesota, described as follows: <br />That part of the Northwest Quarter of the Southwest Quarter of Section 30, <br />Township 118, Range 23, described as beginning at the intersection of the west line <br />of said Section 30 and the south line of the north 369.48 feet of said Northwest <br />Quarter of the Southwest Quarter; thence easterly along said south line 1215.22 <br />feet; thence southerly deflecting to the right 91 degrees 48 minutes 25 seconds to the <br />north line of the south 446.2 feet of said Northwest Quarter of the Southwest <br />Quarter; thence westerly along said north line to said west line of Section 30; thence <br />• northerly along said west line to the point of beginning <br />» <br />3. That said interest in land be brought under the provisions and operations of Chapter 508, Minnesota <br />Statutes, and all acts amendatory thereof, and that the title thereto be confinned and registered as <br />provided m and by said act; subject, however: <br />To any rights or encumbrances which may be subsisting, specified in Section 508.25, Chapter 508, <br />Minnesota Statutes, and all acts amendatory thereof;
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