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HomeMy WebLinkAboutRe: hazardous property PopxAl� H � 1 � � � :\{ 2400 Or�E Tn BOR C E NTE R S C H N O B R I C H & K A U F M A N. L T D. •�;��� Tow E r. 1200 SEVENTEENTH STREET 222 SOUTH NINTM:iTREET DENVER,COLORADO BO2O2 MINNEAPOLIS,MINNESOTA 5540� TE�EPHONE 303-893-1200 �[ TE�/E�vr�oN(E�6(�12-333-4800 TE�ECoaiER303-893-2194 MINNEAPOLIS, MINNESOTA v.�� �E�]7cov1'EllHYL-334-27i3 4100 CENTRUST FINANCIAL CENTER 13001 STREET,N.W. 100 S.E.SECOND STREET SUITE SOO EAST MIAMI,FIORIDA 33131 WqSHINGTON,D.C.20005 TELEPHONE305-530-0050 SUESAN PAGE-SHAPIRO TE�ePr+oNe202-962-8700 DirxEcr Din�(612) 334-2626 TE�ECOPiER 305-530-0055 TE�ECOPiEw 202-962-B799 September 13 , 1991 Mr . Robert M. Pearson 13005 Main Street Rogers, MN 55374 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 on Mr . Fred Curtis, the owner and Mr . James Thompson, a contract for deed purchaser . Mr . Thompson had no .permanent address and it was di�=icult 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 for bankruptcy, adding additional complications to this matter. It must have also caused complications �n 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 Marc� 1990 the City had incurred legal fees in the amount of $2, 6 0 . 12 . In ligh� of the complications involved, we feel that the attorneys fees 'are reasonable. The City will not discharge its Notice of Lis Pendens as filed on this property until it is compensated for its egpenses, 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 willing to delete the $527. 00 in legal fees which accrued since March of 1990. If the $527 is deleted, the City expenses are as follows : Legal Fees $2, 620 . 12 - Securing building 165 . 72 Burning uilding 500 .00 Debris r moval 3 , 540 . 00 Tot�l $6, 825 . 84 To the e�tent you do not accept this offer by September 20, 1991, it is withdrawn. We will then seek compensation for any additional time we spend an this matter, including the $527 we have agreed to compromise. , . � 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��� � Suesan Pace-Shapiro Deputy City Attorney for the City of Orono SPS/mah . cc: Ron Moo se, City Administrator ✓ Jeanne abusth Tom Kue n Thomas . Barrett 117BNEH iI ) �- � C�� � ORONO ���Q V lS � �i 2,991 SUESAN PAGE-SHAPIRO DiRecr D�a�(612)334-2626 September 27, 1991 Mr . Robert M. Pearson Robert M. Pearson Law Office 13005 Main Street Rogers , MN 55374 Re: 2180 Prospect Avenue, Orono, Minnesota Stipulation for Dismissal Your File No . 3437 Our File No . 3643-005 Dear Mr . Pearson: Enclosed please find a proposed Stipulation for Dismissal for the hazardous building action at 2180 Prospect Avenue. It is my understanding a check for $6, 963 . 84 was submitted to the City of Orono on September 27, 1991, in exchange for a Discharge of Notice of Lis Pendens . Please review and execute the enclosed Stipulation and return it to me . I will ensure tha� tre do�ument is filed with Hennepin County District Court for this matter . Very truly yours , ,��. -PQ.Le �`�I�-� Suesan Pace-Shapiro Deputy City Attorney for the City of Orono SPS/mah cc: Ron Moorse Thomas J. Barrett 1178NEH STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT CASE TYPE: HAZARDOUS BUILDING IN THE MATTER OF A HAZARDOUS ) Court Case No. 89-5885 BUILDING, being a certain ) dwelling known as 2180 Prospect ) Avenue, Orono, Minnesota, and ) legally described in Hennepin ) STIPULATION OF DISMISSAL County as part of the Northeast ) Quarter of the Southwest Quarter ) of Section 10, Township 117, ) Range 23 , Hennepin County, ) Minnesota, as filed in the ) Office of the ounty Recorder, ) Hennepin Count , Minnesota. ) Petitioner, City of Orono ("City" ) and Respondent, the Estate of Fred Curtis ( "Estate") , having settled their claims, hereby stipulate to a dismissal of the hazardous building action for property at 2180 Prospect Avenue, which is legally described as : All that part of the Northeast 1/4 of the South�est 1/4 of Section 10, Township 117, Range 23 described as follows : Beginning at a point on the West line of the Northeast 1/4 of the Southwest 1/4 of said Section 10, 515 . 625 feet North of the Southwest corner of said Northeast 1/4 of the S uthwest 1/4; thence North 130 feet; thenc East 208 feet; thence South 130 feet; thence West 208 feet to the point of begin ing. � . ' The City and the Estate agree to dismiss the above-captioned matter with prejudice and without further costs or disbursements consistent with this stipulation. DATED: POPHAM, HAIK, SCHNOBRICH & KAUFMAN, LTD. � By: Suesan Pace-Shapiro, Reg. No. 199345 3300 Piper Jaffray Tower 222 South Ninth Street Minneapolis, Minnesota 55402 Telephone: �612) 333-4800 i I ATTORNEY FOR PETITIONERS I DATED: ROBERT M. PEARSON LAW OFFICE By: Robert M. Pearson Reg . No. 13005 Main Street Rogers, Minnesota 55374 Telephone: (612) 428-2297 ATTORNEY FOR RESPONDENT 1 192NEH � -2- � - POPHAM HAIK 2400ONETABORCENTEF SCHNOBRICH & KAUFMAN, LTD. 3300PIPERJAFFRAVTOWER 1200 SEVENTEENTH STREET 222 SOUTH NINTM STREET DENVER,COLORAD080202 MINNEAPOLIS,MINNESOTA55402 TELEPHOr+E 303-893-1200 TELEVNONE 612-333-4800 TE�ECOPiER303-893-2194 MINNEAPOLIS, MINNESOTA TE�ecoPiEn612-334-2713 4100 CENTRUST FINANCIAL CENTER 13001 STREET,N.W. IOO S.E.SECONO STREET SUITE 500 EAST MIAM1,FLORIDA 33131 yraG.�ON,D.C.2000$ NANCY E. HUSNIK GTMO�� Te�ePnoHe 305-530-0050 QRQ�1"Q Te�EPHone 202-962-8700 DIRECT DIA�(612)334-2549 1—-- -- � Te�ecoPiea 305-530-0055 rl ��[ L�i�. � Te�ecoPiEa 202-962-8799 .,L'r September 19 , 1991 ��E�� 2 3 �.991 Ms . Renee Fjeld Equity Title 17113 Minnetonka Blvd . Minnetonka, MN 55345 Re: Property at 2180 Prospect Avenue, Orono, Minnesota Seller : Estate of Fred Curtis Buyer : Mike Hilbelink Dear Renee : This office represents the City of Orono . I am enclosing two copies of Orono Resolution No . 3009 passed by the Orono City Council on August 26, 1991 . I would like you to retain one copy for your file. I am requiring your assurance that the other copy will be given to the buyer, Mr . Hilbelink, at the time of closing . Mr . Hilbelink' s attention should be pointed specifically to page 2 , Item 1(A) under the heading "Conclusions, Order and Conditions . " It must be understood by Mr . Hilbelink that Item 1(A) conditions the issuance of any building permit upon the �full payment of fees owed to the City of Orono as a result of the hazardous building action conducted against this property. To convey your assurance that this document has been provided to Mr . Hilbelink at time of closing, you may either contact me by phone at the number above or send me written assurance. { � r� ) Ms. Renee Fjeld Equity Title September 19, 1991 Page 2 Thank yqu for your assistance in this matter. Very truly yours, �� � - Na icy E�� Husnik Let�al Assistant for the City of Orono NEH/mah Enclosures � cc: Ron Moorse Tom Kuehn Thomas Barrett Suesan Pace-Shapiro t 186NEH c � POPHAM, HAIK, SCHNOBRICH & KAUFMAN, LTD. 3300 PIPER JAFFRAY TOWER MINNEAPOLIS, MINNESOTA 55402 `NAYNE G. POPHAM DAVID q,JONES TELEPNONE TIMOTMY W. KUCK JULIE FLEMING-WO�FE RAYMOND A. FiAIK LEE E.SHEEHY ROGER W. SGHNOBRICH ALAIN RRECON 612-333-4HOO BRVCE A.PETERSON DEBORAH A.DYSON OENVER KAUFMAN LESLIE GILLETTE TELECOPIER RUTH A.MICKELSEN BENSON K.WHI'NEY JANNA SEVEAANCE KATHRYN M.wA_KER ROBERT A.MINISH MICHA�L T. NILAN 1331 612-334-2713 THOMAS G.MIELENHAUSEN `^aEORGE J.SOC!iA ROIFE A.WORDEN THOMAS M. SIPKINS 1321 612-334-27B1 MICHAEL D.GHRISTENSON SHANE R. KELLcY G. MARC wHITEHEAD ROBERT C.MOILANEN J. MICHAEL SCHWARTZ MARK F.TEN EYCK BRUCE D.WILLIS THOMA F. NELSON �311 612-334-2503 � JEFFREY P.CAIRNS DUANE R. NOECKER G. ROBERT JOHNSON THOMA J. RADIO ELLEN L.MAAS DEE ROWE GARY R. MACOMBER DAVID .HASHMAII • LEWIS J. ROTMAN GARV P.GENGELII ROBERT S. BURK KATHL EN M. MARTIN SU�TE 2400 TODD M.JOHNSON JOHN M.BAKER HUGH v P�UNKETT,I11 JOHN .CHILDS 1200 SEVENTEENTH STREET LOUIS P.SMITH KAREN M. HANSEN FREDERICK C.BROWN DOUGL 5 P.SEATON BRUCE H. LITTLE SVESAN VACE-SHAPIRO TNOMAS K.BERG THOMA E.5.>NNER DENVER� COLORADO 80202 MARK F. PALMA STEVEN M. PHIL�IPS JAMES B.ORUCK RICHAWD A.KAP�AN TELEPHONE 303-B93-1200 RUSSELL 5. PONESSA �INDA 5.FRIEDNER JEFFREY 5. HALPERN BRUGE�'�,8.MCPNEETERS TE�ECOPIER 303-693-2194 BRYAN L.CRAWFORD ANOREW D. PARKER BRUCE D. MALKERSON SCOTT �.RICHTER MATTHEW E.DAMON JOY M.WALDERA JAMES R.STEILEN PAUL J.�LINSTROTH SU�TE 300 SOUTH .�ONN W. PROVO PATRICIA A.O'LcARY JAMES 6. LOCKNART SCOTT A.SMITH .JILL I. FRIEDERS KAREN R.COLE ALLEN W. FIINDERAKER BRIAN N.JOMNSON iB00 M STREET,N.W. PAUL B.JONES CLIFFORD M.GREENE BRADLEY A,PULLER WASHINGTON, D. C. 20036 WILLIAM D.HITTLER D. wILLIAM KAUFMAN DONALO M. LEWiS TELEPHONE 202-828-5300 ELLEN SUE PARKER PAUL H.TIETZ KENNETH RO55• TELECOPIER 202-62B-5316 GREGORV G.BROOKER oF COur�SEL MICHAEL O. FREEMAN DAVID R.STRANO BRIAN W.OHM FRED L.MORRISON HOWARD SAM MYERS,�II SCOTT K_GOLDSMITM DIRECT DIAL NUMBER GREGORY G.SCOTT JUDITH YOUNGER IARRY D. ESPEL GIRAR�P.MILLER � ROSANNE G.ZAIDENWEBER JANIE 5.MAYERON ELIZAB�TH A.THOMPSON CECILIA M.MICHEL TFiOMAS J. BARRETT KEITH J. HALLELAND ( 612> 334-2549 ROBERT C.CASTLE JAMES A.PAYNE MARK B.PETERSON TNERESE M.HANKEI .owirrcy�wu�icowr.u�ucw�ssoun� INCLUDING THE FORMER LAW FIRM OF HAI.PERN 6 DRUCK October 22, 1990 Equity Title 17113 Minnetonka Boulevard Minnetonka, Minnesota 55345 = Attention: Lori RE: Closing of Property at 2180 Prospect Avenue, Orono, Minnesota Dear Lori : It is my understanding that you are the closer on the sale of the above property. Per our conversation on October 15, 1990, you indicated you would need a Discharge Notice of Lis Pendens to remove the Lis Pendens placed within the Seller ' s title due to a hazardous building action. As per our conversation, I am sending you a copy of the proposed Discharge. You informed me that fees owing to the City due to the hazardous building action will be deducted from the closing proceeds when the closing of the sale of the property takes place. Once the City receives a check for the outstanding fees it will surrender an original, executed Discharge. I believe the purchaser, Michael Hilbelink, has been in touch with Ms. Jeanne Mabusth at the City of Orono and understands the arrangement. Please contact me when you know the exact date.,of closing. I will then process the Discharge so a signed and dated original can be sent to Orono City Hall in time for the closing . � • Equity Title October 22, 1990 Page 2 It is my under tanding that you will file the Discharge �otice of Lis Pendens . will need the filing data, including document number once yo receive that from the County. Should �ou have any questions, please contact me. Very truly your , �� r, N cy E Husnik L gal ssistant cc: Jeanne Mabusth Thomas Barrett 65ZNEH : i /� :'art 1��,,-(�cmplet� . .. - . C OZ'IIl i�v O. O!—!Yi �.v� j� �ninne�f.3 ' r n� _ •inK- �d�+e(h�i',-�r n. Q Sta�e of lYlinn�sota, `JJ. District �ourt, County of h�NNEPIN Fourth Judicial District In the Matter of a I�-azardous BuildinQ at Court File 2180 Prospect Avenu� Orono, Minnesota No. 89-5885 vs. Plaintiff Defendant—� KNOW ALL BY THE E PRESENTS, That the undersigned Suesan Pace-Shapiro, Assistant Cit Attorne for th Cit of Orono Minnesota do e S hereby certify that a ertain Notice of Lis Pendens,in the above entitled action,which has been pending in the above named Court, an which affected, involved and brought in question the real estate, situate in the County of Hennepin and State of Minnesota, described as follows, to-wit: All that part of the Nprtheast 1/4 of the Southwest 1/4 of Section 10, Township 117, Range 23 described as follows: Beginning at a point on the West line of the Northeast 1/4 of the Southwest 1/4 of said Section 10, 515.625 feet North of the Southwest corner of said Northeast 1/4 of the Southwest 1/4; thence North 130 feet; thence East 208 feet; thence South 130 feet; thence West 208 feet to point of beginning. and which was filed for record in the office of the County Recorder of said County of Hennepin on the 13th r]ay of Sentember , 19�2, and recorded in Book of on page as Doc No. 5573700 is hereby discharged and said action has been dismissed so far as it pertains to the above described real property.And the County Recorder of said County is hereby authorized and directed to discharge the same upor.the record thereof,according to the statute in such case made and provided. IN TES�,TIMONY WHEREOF,The undersigned h�_�_hereunto set her hand—this "�''�' �day of September , 1g91 , ,,�l:�Ic�u, 1�2c2.-�=at� 3uesan �- iSTapiro State of Minnesota, l� J�. County of Henne in On this ��r` day of SentPmhar , 19�L, before me, a notary public within and for said County, personally appeared Suesan Pace-Shapiro, �Assistant Citv Attornev for the Citv of Orono. MinneGota to me known to be the person�described in, and who executed the foregoing instrument, on behalf of the City _�nd acknowledged that�he—executed � fSee Note1 the same as the free act and deed of the Git� . ISee Note) NnTARIAI,ti9'AMP l�lt tiF:AL�(�H O'PHF.R TITI.F:ON RANKi M ���.�1"'��A � ou�oT�cou�m► �'y�i'��,��,, ������ ����'�fl�11,1995 til(;N.4�I'ltHh:Oh'NOTAKY PIJRLI('ON(YfHF:R�)FFI('IAI. NOTF.:The hlank lines marked"tiee Note"nre for uae when the instrument is executed by an uttornry. I�oc. No. +;�'.•. �:,+r-y� . a DISCHARGE OF NOTICE ` ��"�� ', ' : OF LIS PENDENS ; '��.�- :�� �� Partial or Complete '� -� �� ' � �:�� ` � x .. � ; ., VF ' Office of County Recorder State of Minnesota, l County of ) I hereby certify that the within Instru- ment was filed in this office for record on the da,y of --, 19—, �t o'clock M., and was duly recorded in Book of , page or � Copied � Microfilmed and was duly recorded as instrument No. County Recorder. By Deputy. , ^ � EXHIBIT A : All that part of the Northeast 1/4 of the Southwest 1/4 of Section 10 , Township 117 , Range 23 described as follows : Beginning at a point on the West line of the Northeast 1/4 of the Southwest 1/4 of said Section 10 , 515 . 625 feet North of the Southwest corner of said Northeast 1/4 of the Southwest 1/4 ; thence Nor�n 130 feet ; thence East 208 feet ; thence South 130 feet ; thence West 208 feet to point of beginning . ♦ �r"'' P �� 1� �� .� �� H .� Ih 2�OOOnETaBOAGENTE.R SCHNCSRtCH & KAUFMAM1 . LTC. 33cJOPiFEHJnrr�HnvTc>wE= I ZOO SE�ENTEENTM STREET 222 S�UTti N�NTn STREET DENVER,COLORADO 80202 Mihrvt.APO�iS.M�NNESOTn GSSOL TE�EPHOHfi 303�893-I200 TE�Eanor�E 612-333-4800 TE�ECoaiER303-B93-2194 MINNEAPOLIS, MINNESOTA TE�ECOPiER612-334-2713 � 41OOGENTRUSTFINANCIAICENTER , 1300I STREET,N.W. 100 S.E-SECOND STREET � SUiTE 500 EAST. M�nr�i,F�onion 33131 WASMINGiON,D.C.ZOOOS TE�EPno�+E305-530-0050 NANGY E. HUSNIK TELEPMONE2O2-9G2-B7OO DIREGT DIAL (612)334-2549 TE��COPiER 305-530-0055 TE�ECoviER 202-962-8799 Se�tember 4 , 1991 Equity Title 17113 Minnetonka Blvd. Minnetonka, MN 55345 Attn: Lynette Knickerbocker RE: Closing on Property at 2180 Prospect Avenue, Orono, Minnesota � Dear Lynette : I received a message on Tuesday, September 3 , 1991 sometime after 4 : 00 from Robert Pearson concerning the above referenced property. Mr . Pearson indicated he was in a closing and wanted me to return his call . When I contacted Equity Title, I spoke to you who indicated that the closing had taken place and that money for fees, incurred in a hazardous building action on the above property, and owed to the City to Orono, had been deducted at the closing . It was expected that a Discharge to our Notice of Lis Pendens was to be prepared by our office once the City received a check. I am enclosing a copy of a letter I sent to Lori on October 22, 1990,. This letter reflects the conversation we had concerning a prolposed closing for the above property. In the letter, I requested that Lori inform me when she knew the exact date of closing so that the process for discerning the fees and executing the Discharge could be arranged. I received no such call and the only notice of a closing was Mr . Pearson' s call at approximately 5 : �J0 late on September 3 , 1991. � ti ! Equity Title September 4 , 1991 Page 2 At this point , I am not aware of the fee amount you used at time of closing . However, I am aware that since the date of our conversation of October 15, 1990, the City has incurred further legal fees on this property, in the amount of $527 . 00 . The total amount owing to the City of Orono is $7 , 353 . 00 . Until the City receiv�s a check in the amount of $7, 353 . 00, the City will not be in a position to release a Discharge Notice of Lis Pendens for the property. Please contact me if you need further information. Very truly yours , Nancy E. Husnik Legal Assistant NEH/mah 1172NEH �. cc : Thomas J. Barrett