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Home My WebLink AboutRe: easements , � POPHAM HAIK 2400 Orv�TneoR CtNrEF S C H N O B R I C H & K A U F M A N, L T D. 3300 PiPER JnFFRnv TowEa 1200 SEVENTEENTH STREET 222 SOUTH NINTH`�TREET DENVER,COLORADO 80202 MINNEAPOLIS,MINNESOTA 55402 TELEPMONE 303-893-1200 TE�EPr�oNE 612-333-4800 TELECOVIER303-B93-2794 MINNEAPOLIS, Iv11NNE50TA TE�ECOPiER612-334-2713 4100 CENTRUST FINANCiAL CENTER 1300I STREET,N.W. IOO S.E.SECOND STREET SU ITE 500 EAST MIAM1,FLORIOH 33131 WASHINGTON,D.C.20005 NANCY E. HUSNIK TELEPMONE 305-530-0050 DIREGT DIAL(612) 334-2549 TE�ePr+oNe 202-962-8700 ....,... ....... .._... . TELECOPIER305-530-0055 � � T TELECOPIER202-962-8799 �''�(;.� � ��:.: . . . � ....:4.._... .._ ...� ..._.. . .. September 16 , 1991 Mike Hilbelink ��P� � $ �� Edina Realty 1120 East Wayzata Blvd. Wayzata, MN 55391 Re: ocuments for Easement 2180 Prospect Avenue, Orono, Minnesot Dear Mike: Following our conversation on September 12, I am sending you the following documents : 1) Drainage and Utilities Easement dated August 9 , 1991 signed by Helen C. Morrison; and 2) Drainage Easement dated August 9 , 1991 signed by Helen C. Morrison. These two �o��aments, as we discussed, will need to be changed in order for them to filed with the Hennepin County Recorder . It is unclear whether Helen Morrison has a title interest in the property or if she is involved purely as the personal representative for the decedent, Fred W. Curtis . If Ms . Morrison has an interest in the property, her name on the documents should be followed by the phrase "individually, and as Personal Representative of the Estate of Fred W. Curtis . " If Ms . Morrison is involved only as the Personal Representative, you may describe her as "the Personal Representative of the Estate of Fred W. Curtis . " Please note that the description after Ms . Morrison' s name must be placed in three separate places on the documents : ; � Mike Hilbelink Edina Realty September 16, 1991 Page 2 1) at the top of the page where her name is first mentioned 2) at the signature space, and 3) within the acknowledgement. Also, the acknow ledgements indicate that Ms . Morrison signed the documents ih Hennepin County, Minnesota. The notary is from North Carolina��. The acknowledgements must clearly ' indicate the state and' county where Ms. Morrison signed the documents . If it was �ot in Minnesota, one line can be drawn through "Minnesota" an� "Hennepin" on both documents . The actual state and count� of acknowledgement can be typed in. Finally, I will need a certified copy of the Letters Testamentary for the Estate of Fred W. Curtis . I currently have a photocopy. Once you make the appropriate changes to the documents, please forward them to me and I will file them with the Hennepin County Recorder. Please call me if you have any questions . Very truly yours, � � ' N cy E. Husnik Legal Assistant NEH/mah Enclosure � cc: Jeanne Mabusth � Suesan Pace-Sha iro 1175NEH i , -. y POPHAM HAIK 24000nETneoRCENTER SCHNOBRICH & KAUFMAN, LiD. 3300PiPERJncFRnvTOWEP 1200 SEVENTEENTH STREET 222 SOUTH NiNT�i;iTREET DENVER,COLORAD080202 MINNEAPOL15.MINNESOTA55402 TE�EPr�Or.tE 303-893-1200 TE�EaHONE 612-333-4800 TELECoaiER303-B93-2794 MINNEAPOLIS, MINNESOTA TE�ECOPiER612-334-2713 4100 CENTRUST FINANCIAL CENTER 1300I STREET,N.W. I00 5.E.SECOND STaEET SU ITE 500 EAST MIAM1,FLORIDA 33131 WqSMINGTON,D.C.20005 TE�EPHONE305-530-0050 SUESAN PACE-SHAPIRO TELEPMONEZOZ-B62-B7OO DIREGT DinL(612)334-2626 TELECOPIER 305-530-0055 TELEcoPiER 202-962-H799 ^'."`^1.Y -.....�...,...��.-��.,."'•� :i�, September 13 , 1991 ; `;L oftonio � � : «��d�J Mr . Robert M. Pearson 13005 Main Street Rogers, MN 55374 ��.�P, 1 6 1991 Re: Property at 2180 Prospect Avenue, Orono, Minnesota Your File No . 3437 Dear Mr . Pearson: I am in receipt of your letter dated September 10, 1991 concerning the above property. The City of Orono began inspections of the above property in October of 1988 . Efforts were made with the property owner to reach a solution. Unable to do so, the Orono City Council passed Resolution No . 2521, on October 10 , 1988, requiring repair or removal of the property above. In February, 1989 an Order to Raze and Remove Hazardous Building was served ori Mr . Fred Curtis , the owner and Mr . James Thompson, a contract for deed purchaser . Mr . Thompson had no permanent address and it was difficult to reach him. Several attempts were made at locating an address where he could be found and served . As you are aware, Mr . Curtis had to be served out of state . Following service, Mr . Curtis sent us a letter dated February 9 , 1989 , explaining his problems with Mr . Thompson. He authorized the City to raze the house on the property and "have the cost become a lien or assessment against the property. " He also requested that the razing of the building not taken place until the finalization of the contract for deed� cancellation between Mr . Curtis and Mr . Thompson. In the interim, , ,. � Mr. Robert M. Pearson September 12, 1991 Page 2 Mr. Thompson filed fo� bankruptcy, adding additional complications to this 'matter . It must have also caused complications in the cancellation of the contract for deed, because the contract was not cancelled and filing of the cancellation did not appear until September 12, 1989 . On October 17, 1989 Orono Deputy City Attorney Benson Whitney appeared in District Court and obtained a default judgment to raze and remove the building. The contract was cancelled, the bankruptcy issues were resolved and the razing and removal of the structure was performed by the City in March 1990 . By March 1990 t�e City had incurred legal fees in the amount of $2, 620. 12 . In light of thelcomplications involved, we feel that the attorneys fees are rea�onable. The City will not discharge its Notice of Lis Pendens as filed on this property until it is compensated for its expenses, including the legal fees . It is my understanding at one point in time, that the purchaser of the above property had indicated to City staff inembers that he would pay the fees related to the hazardous building action. Perhaps you wish to discuss this matter with him. In an effort to reach a speedy resolution to this issue, the City would be willi�ng to delete the $527. 00 in legal fees which accrued since Marjch of 1990 . If the $527 is deleted, the City expenses are as fdllows : Legal Fees $2, 620 . 12 - Securinq building 165 . 72 Burning building 500 . 00 Debris removal 3 , 540 . 00 Total �,I $6, 825 . 84 To the extent yo�u do not accept this offer by September 20, 1991, it is withdrawn. We will then seek compensation for any adc�itional time we spend 4� this matter, including the $527 we h�ve agreed to compromise. i . ,, , t Mr. Robert M. Pearson September 12, 1991 Page 3 Please contact me once you have had time to consider this offer. Very truly yours, � i��,(Q/,��V�GC�-G Suesan Pace-Shapiro Deputy City Attorney for the City of Orono SPS/mah • cc: Ron Moorse,l� Citv ,Administrator Jeanne Mabujsth � Tom Kuehn Thomas J. Barrett 1 178NEH / f I