HomeMy WebLinkAbout1991 original Platting title opinion •
LISZT LAW OFFICE, Ltd.
v Suite312
8900 Penn Avenue South
4� lJ
( • `1 Minneapolis, Minnesota 55431
VDf � Telephone (612) 881-8805
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Telecopier (612) 881-4810
MARVIN A. LISZT
June 7 , 1991
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City of Orono
1335 South Brown Road
Orono, Minnesota
Re: Legal Description as per Exhibit "B" attached
Attention: Ms. Jeanne Mavis
Pursuant to your request, I have examined title to the above
described premises, based upon a Registered Property Abstract,
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last certified as of the 22nd day of May, 1991, at 7 : 00 o'clock
A.M. Said Abstract covers Certificate of Title No. 743356, dated
• February 14 , 1990, originally registered July 16, 1921 ; July 16,
1921 and July 18 , 1946 in Vol . 2493 , Page 743356, in the office
of the Registrar of Titles of Hennepin County, Minnesota.
From such examination, I conclude that said premises were owned
as of that date by Robert L. Waade, who, according to said
Certificate, is married to Iris L. Waade.
Such ownership is subject to the following:
1. Subject to a right-of-way for driving purposes across
Lot 1, approximately East and West at the place now
used for said purposes as referred to in deed Doc. No.
188101, Files of Registrar of Titles ; (as to Par 1) .
(See Exhibit A attached hereto) .
2 . Subject to a reservation to the State of Minnesota of
mineral and mineral rights; (as to Par 2) .
3 . Subject to the right of the State of Minnesota to
portions of Lots 1, 2 and 3 in. Block 4 , and Lots 1, 2 ,
6, 7 and 8 in Block 5 in Forest Lake Park lying beyond
the high water mark of Forest Lake. (as to Par 2)
4 . Real Estate Taxes - Taxes for 1990 and prior years paid
on all parcels.
Taxes for 1991, Amount $4 , 067 . 82 , First 1/2 Paid,
Second 1/2 Not Paid; (Base tax $4 , 067 . 82) . Assessed in
Waade as Non-homestead , Property ID No. 07 117 23 24
0009 .
Taxes for 1991, Amount $. 288 , Paid; (Base tax $2 . 88) .
Assessed in Waade as Non-homestead; Property ID No. 07
117 23 24 0010.
Taxes for 1991, Amount $676. 04 , First 1/2 Paid, Second
1/2 Not Paid; (Base tax $676. 04) . Assessment also
covers other land. Assessed in Waade as Homestead;
Property ID No. 07 117 23 13 0096 .
Taxes for 1991, Amount $6, 626. 60, First 1/2 Paid,
Second 1/2 Not Paid; (Base tax $6, 626 . 60) . Assessed in
Waade as Homestead; Property ID No. 07 117 23 13 0087 .
Taxes for 1991 , Amount $ . 96, Paid; (Base tax $. 96) .
Assessed in Waade as Homestead; Property ID No. 07 117
23 13 0088 .
5 . That the following statutory exceptions appear on the
certificate:
a. Liens, claims or rights arising under the
laws or the Constitution of the United
States, which the statutes of this state
cannot require to appear of record.
b. Any real property tax or special assessment
for which a sale of the land has not been had
at the date of the certificate of title.
c. Any lease for a period not exceeding three
years, when there is actual occupation of the
premises under the lease.
d. All rights in public highways upon the land.
e. Such right of appeal or right to appear and
contest the application as is allowed by law.
f. The rights of any person in possession under
deed or contract for deed from the owner of
the certificate of title.
g. Any outstanding mechanics lien rights which
may exist under sections 514 . 01 to 514 . 17 .
6 . Public zoning, building ordinances and regulations.
7 . Rights, if any, of parties in possession other than
said owners.
8 . Mechanics ' Lien rights, if any, for recent improvements
on the premises or property connected therewith.
9 . Any matter which may be ascertained by survey or by an
actual physical inspection of the premises.
With respect to items numbered 7 and 5 c and f, I would suggest
that you satisfy yourself completely prior to closing that no one
is in possession of the premises other than the above-named fee
owners. In Minnesota if we take title from the record owners,
and someone other than the record owners are in possession, we
take notice with any possible claims those parties in possession
might make. It is up to you to receive satisfactory evidence
from anybody in possession other than the fee owners that they
make no claim to title inconsistent with the title you are
purchasing.
With respect to items numbered 8 and 5 a, I would suggest that
you satisfy yourself completely by a visual inspection prior to
closing that there have been no recent improvements made to the
premises. If there have been, the property could be liened by
contractors or suppliers of material who have not been paid. The
lien is effective for 120 days from the date of the last item of
work performed by the contractor. Any new work you find or are
told about should prompt you to find adequate evidence that said
improvement has been paid for in full . At the closing you will
receive from the sellers an Affidavit stating that there is no
work for which they have not made payment; you are entitled to
rely upon the Affidavit, but I would also suggest that you make
the close inspection as herein described.
With respect to item numbered 9 above, I would suggest that you
satisfy yourself completely prior to closing that all your
improvements lie well within your boundary lines and do not
encroach upon other adjoining property, and that all improvements
on adjoining property lie well within their boundary lines, and
do not encroach upon yours. If the closing takes place and
encroachments are found, the net effect is costly litigation to
have them removed.
If you have any questions regarding the above, do not hesitate to
give me a call .
Very truly yours,
LISZT LAW OFFICE, Ltd.
Marvin A. Liszt
MAL:mis
Encls .
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I.i,..i..i,.l....r....r Form Na. 5.M w..,...., u...... ..r...va C:'.�u,ir
Zlj141 3Iubrnntu(re, Natio this . 17th ._.stay of ... _.April. ._ . . , 1943 ,
` Lt I.ere ........sees
Carl A. Anderson and ttelrin Anderrnn, .Me •ifs
of the Cessna**of Hennepin .. ... ... . .. . . and cinteof . .lfinneeotn, rl les
of Ihr first jnrl, and . ..1verre..1,. Olson rued Utldur L. Olsen, bis wit, _..._... .....•
' . . .. _sees. ,of Ihrt'emottof
Hennepin . and Mato of 14111uenntn . .. ...._. ..., pa WAS of the second part,
. Ingitnrssrtb. That the said parties of the firer part, 1n ooneider•alton of the earn of .. ...
Cas Dollar and other ♦n1:.u,h:e rnnniderntions DOLLARS,
(,t them In hand!pall Art filo said parties of Olt,secreted part, the rerelpl whereof is Asrrby nrkeo,rl-
'dee 1,div horsily Omni, Rnrrnin, Soil,and Cont'rrl u,nl., tilt said pnrfles of the a.w,nrl part via Joint
I lrnnuf, .,Md enl via tenants in euuirnon, their oa.lrns, the aurtdrnr of said parties, end the heirs and
' aasiens of the surr•!.•on, Forrwr,all the tract or pa,r•rel of land !life f and beh,g In the Count/ of
' __....___.kennepin.._...... .. .. and Stab of.ifinnasntn, described as follows, to-tell:
Lnt Ann (1) axcort the Barth One Ilundred end Twenty-1'1Y', (125) /Pant tl.eronf,
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"nt.knvten nnrdnni, )tenon-stn County, )(inn., nconrdfnft to the rvtr or plot thereof on
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• file and of record to the Office of the Rectstrnr of Titles in And for said County.
SuS,lect to condition subsequent consistine of building restrictions with
reversioner, Clouse ne sl.own in deed Doc. No. 71►(,09 Titus of R',iietrnr of Titles.
Alen subject to n right-n-we.y for driving purposes Across the lot, n-rproximntely
east And west. nt the Pince now used for 'mid purroeee.
I 00114411•111 .I! ii01.11.111.1b11
a ..s iIf rt. .•-
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I To 31,sit ante to bo(b for!learnt, Together with all the hereditament: and appurtenances than
.vn to beton eine or In anywise apport aining, to the said partlu of the asoond part, Chair a.14 toe, the sun
vitae of'aid parties, and the hairs and alone of the survivor,Forever,the said parties of the second part
taking as Joint tenants and not as tenant* In common.
wed Cha ,aid Cnr1 A. Anderson and •®'loxes Andereon. his wife _...__...._.. .
. -— _sees._._ _........._._._ _._........_._.._..__.._ ........_......_....................__ __..
parties of the first part,for themselves, their.._..... . Astra, arerufors and admintefratore do......._.
ravnant with the 'said p-rtlrs of the wound part, thafr aaalgne,the survivor of inlet part!.+,and the hetet
n,vl ./origins of Iha survivor, that...they...rtro will selud in fop of the land,and premises aforesaid and
Anus .good right to aell and ronu.pOe.rams in manner nod form aforesaid. and that 1ho sato• are
fres from. all InruPMlrnnee*,
led Ike abo.' hes r f al.ad and granted lands and pro m iaas, In the qui,t.and pea Arab/. pusrseloe of as
said peruse of the wooed part, their olefin', the survivor of said parties,and the hole*end eeo.floo of lhs
survivor, against ail perw,na lawfully claiming or to Plains tAs irhals or any 'seri thereof, ewbf rl M
• Ineumhran,#e, If any. heroinbefors msnllm+oA, Oho sold pard es .. of the first part 6,411 Warrant .c4
/)Mood.
in trtllrnonp i/Ibrrrof, rAs sold part inset 1A,,t.•.1 parr lie Vu . Acnes►•;est their
hands the day wed year fret elbow written.
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; . .Votary Public . _.. .. ... . , within and for sold County,parrowally apr..ortal
Carl A. Andorlm, ane' Solna Andaraon, Aii air,.
to r»." knmrn to ba taa parson 1 _saaor(bad fn, and who a.arrutad las forspolnf Inatrurnant, '
.and nrk,urrhderiI thol they a.tvoufad tha same as
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