HomeMy WebLinkAboutRegistration of Land Proceeding LAW OFFICES
MILLER & KELLERMEIER, P.A.
CENTENNIAL LAKES OFFICE PARK
7701 FRANCE AVENUE SOUTH
SUITE 625
EDINA,MINNESOTA 55435
SCOTT E.MILLER*+ TELEPHONE(952)820-1155 LEGAL ASSISTANTS
ROBERTA.KELLERMEIER+ FACSIMILE(952)820-1158 JENNIFER L.WAGNER
EDWARD E.BECKMANN• E-MAIL mklaw@visi.com ROBIN E.DORMAN
CHRISTOPHER R.JONES
'REAL PROPERTY SPECIALIST,CERTIFIED
BY THE MINNESOTA STATE BAR ASSOCIATION
*QUALIFIED NEUTRAL UNDER RULE 114 OF THE
MINNESOTA GENERAL RULES OF PRACTICE March 6,200 1
'ALSO LICENSED IN WISCONSIN
Lynn Vee
City Clerk—City of Orono
2752 Kelley Parkway
Orono,MN 55356
RE: Registration of Land 'roceeding by Matthew and Robin Staloch
Pro • - - . • • . • 05 Watertown Road,Orono,MN
Our Clients: Matthew and Robin Staloch
Our File No.: 2051-01
Dear Ms. Vee:
Our office represents Matthew and Robin Staloch in the above referenced proceeding. We are
enclosing with this correspondence a copy of the proceeding which has been filed in Hennepin
County. You are being notified of the proceeding as a party with a prior interest in the Staloch's
property or an adjacent property owner. The proceeding is solely and only to clarify the legal
description of the westerly boundary of their property. As background for this matter, the Staloch's
property on the westerly boundary has historically been deeded by a description referencing the
"center line of Painter's Creek". The aforementioned portion of the legal description using the"center
line of Painter's Creek" is not an accurate legal description. The proceeding the Staloch's have
commenced is to define the center line of Painter's Creek by an exact description. The Stalochs have,
at their expense, hired a surveyor to survey the exact center line of the Creek and have in this action
requested that Hennepin County show the surveyor's description of the center line of the Creek as the
westerly boundary of their property.
At this time, we would ask that you review the enclosed Notice of Acknowledgment of Service by
Mail and Notice of Receipt of Land Title Summons in Application for Registration of Land ("Notice
of Receipt"). Please sign and return one copy of the Notice of Receipt to our office in the enclosed,
self-addressed, stamped envelope. Signing the Notice of Receipt is only acknowledging that you have
received the Land Title Summons and does not waive your right to object to this action in any way.
Should you have any questions with regard to this matter, we would encourage you to contact our
office regarding any further information you may need.
Sincerely, /"
•
Edward E. Beckmann
RAK:j1w.208
Enclosure
a •
STATE OF MINNESOTA No. 20479 DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
NOTICE OF ACKNOWLEDGEMENT OF SERVICE BY MAIL
TO: Lynn Vee, City Clerk—City of Orono
The enclosed Land Title Summons is served pursuant to Rule 4.05 of the
Minnesota Rules of Civil Procedure.
You must complete the acknowledgment part of this form and return one copy of
the completed from to the sender within 20 days.
Signing this Acknowledgment of Receipt is only an admission that you have
received the summons and complaint, and does not waive any other defenses.
You must sign and date the acknowledgment. If you are served on behalf of a
corporation,unincorporated association(including partnership), or other entity,you must
indicate under your signature your relationship to that entity. If you are served on behalf
of another person and you are authorized to receive process, you must indicate under
your signature your authority.
If you do not complete and return the form to the sender within 20 days, you(or
the party on whose behalf you are being served) may be required to pay any expenses
incurred in serving a summons and complaint in any other manner permitted by law.
If you do complete and return this form, you(or the party on whose behalf you
are being served) must answer the complaint within 20 days. If you fail to do so,
judgment by default will be taken against you for the relief demanded in the complaint.
I declare, under penalty of perjury,that this Notice and Acknowledgement w.
mailed on March(, 2001.
Edward E. Beckm. I " 9309X)
March 2001.
2051.01 (Notice of Ack by Mail ii)
STATE OF MINNESOTA No. 20479 DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
NOTICE OF RECEIPT OF LAND TITLE SUMMONS
IN APPLICATION FOR REGISTRATION OF LAND
TO: Edward E. Beckmann, Esq.
Miller&Kellermeier, P.A.
7701 France Avenue South
Suite#625
Edina, MN 55435
952/820-1155
ACKNOWLEGMENT OF RECEIPT OF LAND TITLE SUMMONS
I declare, under penalty of perjury,that I received a copy of the Land Title Summons in
the above-captioned matter at 2752 Kelley Parkway, Orono, MN 55356.
/ v
Lynn ille, City Clerk—City of Orono
Relatio hip to Entity/Authority
To Receive Service of Process
/c/
Date of Signature
Jen/Ed/2051.01 (Notice of Ack by Mail)
P\11\
JAN 2 2 2001
STATE OF MINNESOTA No. 204791ISTCOURT
COUNTY OF HENNEPIN FOU )�I 'pf L4 SKDISTRICT
BY
LAND TITLE SUMMONS IN APPLICATION FOR REGISTRATION OF LAND
In the Matter of the Application of Matthew A. Staloch and Robin J. Staloch, as
Joint Tenants, to register the title to the following described real estate situated in
Hennepin County, Minnesota,namely:
That part of the Northwest Quarter of Section 31, Township 118, Range
23, lying northerly and westerly of the plat of MCCULLEY FARM;
southerly of the centerline of County Road No. 6 as shown in HCSAH No.
6, Plat 5; and easterly of the following described line:
Commencing at the most westerly corner of Lot 1, Block 2, MCCULLEY
FARM; thence North 81 degrees 31 minutes 11 seconds West, assumed
bearing, along the north line of Lot 2, Block 2, said addition, to the most
northerly corner of said Lot 2 and the point of beginning of the line to be
described; thence North 30 degrees 41 minutes 28 seconds East a distance
of 100.85 feet; thence North 29 degrees 56 minutes 30 seconds East a
distance of 70.53 feet; thence northerly along a tangential curve concave
to the west having a central angle of 22 degrees 11 minutes 30 seconds
and a radius of 150 feet, a distance of 58.10 feet; thence North 7 degrees
45 minutes East tangent to the last described curve a distance of 65.58
feet; thence North 9 degree 30 minutes East a distance of 275 feet;
thence North 12 degrees 30 minutes East a distance of 165 feet; thence
North 20 degrees 30 minutes East a distance of 44.11 feet; thence
northeasterly along a tangential curve concave to the southeast having a
central angle of 57 degrees 17 minutes 18 seconds and a radius of 75 feet a
distance of 74.99 feet; thence North 77 degrees 47 minutes 18 seconds
East tangent to the last curve to its intersection with said centerline of
County Road No. 6 and there terminating.
Applicants,
vs.
Ohio Savings Bank, FSB
Preston McCulley
Graydon M. McCulley
Jean S. McCulley
Ned L. Butterfield
Lorna L. Butterfield
Dennis G. Esterly
Commercial Federal Mortgage Corporation
County of Hennepin
EEB3:2051-01.a87
•
City of Orono
Wells Fargo Bank Minnesota,N.A.
also all heirs and devisees of any of the above-named persons who are deceased; and all
other persons or parties unknown, claiming any-right, title, estate, lien or interest in the
real estate described in the Application or amendments herein.
Defendants.
THE STATE OF MINNESOTA TO THE ABOVE-NAMED DEFENDANTS:
You are hereby summoned and required to answer the Application of the
Applicants in the above-entitled proceeding and to file your answer to the said
Application in the Office of the Clerk of said Court, in said County, within 20 days after
service of this Summons upon you exclusive of the day of such service, and if you fail to
answer the Application within the time aforesaid, the Applicants in this proceeding will
apply to the Court for the relief demanded therein.
. -ctUcfi z ec inc,t,t, WITNESS District Court Administrator/
Attorney for Applican Clerk of said Court, and the seal thereof, at
Minneapolis in said County this
7701 France Ave. South, Suite 625 `qday of It , 001.
Edina, MN 55435
Address k./
(952) 820-1155 By: ,6
Telephone ' Deputy
EEB3:2051-01.a87