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#04-2998 Easement Proceedings
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#04-2998 Easement Proceedings
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No. 21 7132. Tract H of the registered land survey matched the description of the land <br />which was to be conveyed by Warranty Deed as noted in ~1emorandum paragraph 1, <br />above, and Tract G matched the description of the land o\·er which an easement for <br />driveway purposes was to be conveyed. A copy of Registered Land Survey No. 352, <br />received at the hearing as Exhibit 16, is attached to this Memorandum. <br />3. Franc P. Daniels and Marion P. Daniels, his wife, executed a Warranty Deed in <br />favor of Olive C. Case, dated July 19, 1954 and filed August 24, 1954 as Doc. No. <br />432783, which contained the following description: <br />Tract H, Registered Land Survey Number 352 Files of Registrar of Titles County of <br />Hennepin. <br />Together with an Easement for Driveway purposes over Tract G, said Registered Land <br />Survey. <br />Pursuant to the Warranty Deed, the Registrar of Titles issued new Certificate of Title No. <br />219093 to Olive C. Case for Tract H. The new Certificate of Title included the following <br />recital: <br />Together with an easement for driveway purposes over Tract G, Registered Land Survey <br />Ko. 352, as contained in deed Doc. No. 432783, Files of Registrar of Titles. <br />In addition, the Registrar issued Residue Certificate of Title No. 2199094 to Franc P. <br />Daniels for Tract G and other land not conveyed to Olive C. Case. The new Residue <br />Certificate of Title included the following recital: <br />Subject to an easement for driveway purposes over Tract G, Registered Land Survey No. <br />352, as contained in deed Doc. No. 432783, Files of Registrar of Titles. <br />The recitals regarding "an obligation to convey," which had appeared on the First <br />Certificate of Title, were not carried forward onto the ne\v certificates of title. <br />Presumably the Registrar of Titles thought deed Doc. No. 432783 satisfied the <br />obligations to convey land and easement. <br />4. Franc P. Daniels by Warranty Deed dated December 29, 1960 and filed December <br />30, 1960 as Doc. No. 64 7217 conveyed to John F. Dunn and Mary A. Dunn, husband and <br />wife as joint tenants, the following described land: <br />Tract F, Registered Land Sun1ey No. 352, Files of the Registrar of Titles, Hennepin <br />County, . . . together with a non-exclusive easement for roadway purposes in, over and <br />6
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