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Home My WebLink About07/24/2001 - Trimble & Assoc., Ltd. - re: land title Trimble & Associates, Ltd. Attorneys at Law 11700 Wayzata Boulevard Offices also in: Minneapolis,Minnesota 55305 Stillwater,Minnesota and Telephone:763-797-7477 Facsimile:763-797-5858 Auckland,New Zealand Jeffrey C.O'Brien 763-797-7477 July 24, 2001 VIA U.S. MAIL City of Orono Attn: Lin Vee, City Clerk 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 Re: In the Matter of the Application of Walfred Properties, LLP to Register the Title to Certain Land, Case No. 20563 Enclosed and served upon you via U.S. mail,please find a Land Title Summons in Application for Registration of Land regarding the above-captioned matter as well as two (2) execution copies of a Notice and Acknowledgment of Service by Mail. Also enclosed for your reference please find a copy of the Application and Petition relative to the same. Please sign and return each execution copy and return one (1) copy of the Notice and Acknowledgment in the enclosed self-addressed stamped envelope. Please contact the undersigned with any questions or comments. Thank You. Very t P.ly y e s, /---7 Jef : . Brien e . G:\CORP\NCCBA\summons service It STATE OF MINNESOTA � DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT JU 1 9 2001 In the Matter of the Application of Court File No. 20563 HENN. CO. DST. CT. Walfred Properties, LLP, a Minnesota BY ADMINISTRATOR CE-=F<:5uT`/ limited liability partnership, To register the title to the real estate LAND TITLE SUMMONS IN APPLICATION in Hennepin County, Minnesota, FOR REGISTRATION OF LAND namely; That part of Lot 5, Block 3, Townsite of Langdon Park, described as follows, to wit: Beginning at the intersection of the North line of said Lot 5 with the Northeasterly line of the public highway running across said Lot 5 and known as Minnetonka Lake Park and Maple Plain Road; thence 152.38 feet Easterly from said point along the North line of said Lot 5, thence 114 feet Southwesterly to a point in the Northeasterly line of said road 95.6 feet Southeasterly from the point of beginning,thence • Northwesterly 95.6 feet to the point of beginning, Applicant vs. Snyder's Drug Stores, Inc., a Minnesota corporation, Peoples Bank of Commerce, a Minnesota banking corporation, the unknown heirs of Agnes E. Wetherald, the unknown heirs of Herbert Wetherald, the unknown heirs of Charles F. Wetherald, Rene W. Wetherald, Grace Woolbright, Ramona Mary Cusick, Edward Raymond Loeffler, Jr., James Michael Loeffler, Anne Louise Pink, Cynthia Marie Loeffler, Theresa Eileen Loeffler, Mary Elizabeth Loeffler, Katherine Frances Loeffler, Robert Rene Loeffler, William Joseph Loeffler, Richard W. Trenkle, Jean Forney, North Central Conservative Baptist Association, a Minnesota nonprofit corporation, Hennepin County, Minnesota, City of Orono, Minnesota, F.M. Frattalone Excavating & Grading, Inc., a Minnesota corporation, Xcel Energy Inc., a Minnesota corporation, and also all 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 G:\CORP\NCCBA\petition-order-summons THE STATE OF MINNESOTA TO THE ABOVE NAMED DEFENDANTS: You are hereby summoned and required to answer the Application of the Applicant in the t 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 twenty (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 Applicant in this proceeding will apply to the Court for the relief demanded therein. TRIMBLE & ASSOCIATES, LTD. I WITNESS,Mark Thompson, Clerk of said / f Court, and the seal ther�,of, at Minneapolis in / O said County this I C'— day of U " 4 _, 2001. Tony '.' 'mble, '• 122455 Jef •y O' : ieu, #304852 By: _ ' . 44. Ck-4 LK---- 11 10 ayzata Boulevard Minneapolis, MN 55303 763-797-7477 Attorneys for Applicant G:\CORP\NCCBA\petition-order-summons 2 1 STATE OF MINNESOTA �. ��1� DISTRICT COURT COUNTY OF HENNEPIN I FOURTH JUDICIAL DISTRICT NoraO (0-" In the Matter of the Application of ) 7.\\ 7.7 Walfred Properties, LLP, ) JAM 12.001 a Minnesota limited liability ) partnership, ) C C. To Register the Title to Certain Land {nr'+ t 'al'i lr) STATE OF MINNESOTA ) To the Judges of the above named Court: ) ss COUNTY OF HENNEPIN ) The undersigned, on behalf of the corporation herein named, makes application to register the title to the land hereinafter described pursuant to Minnesota Statutes Chapter 508 and does solemnly swear that the contents of this application and the statements made therein are true of his/her own knowledge save as to such as are therein stated on information and belief,and that as to those he/she believes them to be true. [cross out all paragraphs or words not applicable] A. Name: Walfred Properties, LLP Principal place of business. S1(1(1 -Eden Avenue, Suite 111, City nf Edina, Crnmty nf Hennepin _, State of Minnesota B. Incorporated under the laws of Minnesota C. Description of land: [for the registration of easements over unregistered land,the fee simple estate to which the easements are appurtenant must also be described] That part of Lot 5,Block 3,Townsite of Langdon Park,described as follows,to wit: Beginning at the intersection of the North line of said Lot 5 with the Northeasterly line of the public highway running across said Lot 5 and known as Minnetonka Lake Park and Maple Plain Road; thence 152.38 feet Easterly from said point along the North line of said Lot 5,thence 114 feet Southwesterly to a point in the Northeasterly line of said road 95.6 feet Southeasterly from the point of beginning, thence Northwesterly 95.6 feet to the point of beginning The estimated market value of the land to be registered, exclusive of improvements according to the last official assessment is Thirty-eight Thousand and No/100 Dollars ($38,000.00). [to be ascertained from the County Finance Department-Property ID control counter] G:\CORP\Nccba\APPLICAT.WPD D. Estate or interest claimed in the dominant estate is in fee simple. E. The land is occupied by the following parties: Name Address Estate or Interest Walfred Properties, LLP, a 5100 Eden Avenue, Suite 111 Fee simple interest Minnesota limited liability Edina, MN 55424 partnership F. The following liens and interests encumber the land: Name of Claimant Lien or Interest Recording Data 1. Hettie Belle Trenkle, possible fee ownership Hennepin County Recorder a/k/a Nettie Belle Trenkle, Doc. Nos. 3641496 and Nettie Trenkle, Hettie 3641497 Trenkle 2. Northwestern National possible fee ownership Hennepin County Recorder Bank of America, a Doc. Nos. 3641496 and national banking 3641497 association, as Executor of Estate of Hetty Belle Trenkle, a/k/a Hettie Bell Trenkle 3. North Central possible fee ownership Hennepin County Recorder Conservative Baptist Doc. No. 5917557 Association, a Minnesota non-profit corporation 4. County of Hennepin, a easement for sidewalk Hennepin County Recorder body politic and purposes Doc. No. 5453094 corporation under the laws of the State of Minnesota 5. Voyageur Service easement for ingress and Hennepin County Recorder Centers, Inc., a Minnesota egress Doc. No. 6746189 corporation G:\CORP\Nccba\APPLICAT.WPD 2 G. Applicant wishes to terminate or modify the following liens or interests: [for each lien or interest:list the names of the interested parties,the relief sought and the reason for requesting relief and the recording data if any] Name of Claimant Lien or Interest Recording Data 1. Hettie Belle Trenkle, Extinguish any right, title Hennepin County Recorder a/k/a Nettie Belle Trenkle, or interest Doc. No. 3641496 Nettie Trenkle, Nettie Trenkle 2. Northwestern National Extinguish any right, title Hennepin County Recorder Bank of America, a or interest Doc. No. 3641497 national banking association, as Executor of Estate of Hetty Belle Trenkle, a/k/a Hettie Bell Trenkle 3. North Central Extinguish any right,title Hennepin County Recorder Conservative Baptist or interest Doc. No. 5917557 Association, a Minnesota non-profit corporation H. The title to the land contains the following other defects which should be cured: The underlying legal description utilized in prior conveyances is vague and indefinite, utilizing a call "49 feet along said line from the Westerly corner of Lot 22, Wiley's Navarre Addition, Lake Minnetonka" without specifying whether the course is northwesterly or southeasterly from said corner(Hennepin County Recorder Document No. 3641497—attached). I. I [do not] wish to register the boundary lines of the land. [names and addresses of owners of lands affected by the determination of boundaries must be listed below] Wherefore the applicant requests the Court to adjudicate that it is vested with title to the estate or estates in the lands as described above, and that the Court direct the Registrar of Titles to register the same in applicant's name and for such other relief as the Court finds appropriate. Applicant: Walfred Properties, LLP, a Minnesota limited liability partnership By: .41,/%21- Its: J�. [title] G:\CORP\Nccba\APPLICAT.WPD 3 Subscribed and sworn to before me on -oU by ,'�%a/Ti`/C. i 11 Zs,.� „;It:•' JULIANN HANSON ti Applicant's f/;� �r"- ti ` _ NOTARYPUBLIC-MINNESOTA PP My commission Expires Jan.31,2005 ot4ry Public] [Notary Seal] Approved for filing: Deputy Exa iner of Titles Attorney for applicant: Tony P. Trimble, # 122455 Address: Trimble & Associates, Ltd. 11700 Wayzata Boulevard Minneapolis, MN 55303 Telephone: (612) 797-7477 Fax: (612) 797-5858 STATE OF M! N O A t 7* 0041110'i°,tki:i:i,„0".44,07'tbct topY 4 0e' 4 AN ,� a Y 11� 1S'" I . ' 2( fWt By . �� iT •' \sA {`1l/f • iy G:\CORP\Nccba\APPLICAT.W PD 4 STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT In the Matter of the Application of Court File No. 20563 Walfred Properties, LLP, a Minnesota limited liability partnership, To register the title to the real estate PETITION AND ORDER FOR SUMMONS in Hennepin County, Minnesota, described in the report or reports of the Examiner of Titles on file herein. PETITION FOR SUMMONS Now comes Petitioner's attorney and respectfully shows: That he is the attorney the Applicant(s) in the above-entitled proceeding; That an Application for Registration has been duly filed with the Clerk of said Court, and thereafter,by order of said Court,duly referred to the Examiner of Titles for said Hennepin County; That thereafter the said Examiner made and filed said Examiner's Report or reports herein wherein said Examiner finds and reports to the Court that in said Examiner's opinion the Applicant(s)has(have)a title proper for registration or if the Report or reports of the Examiner was or were adverse, the Applicant(s) hereby elect(s)to proceed with said registration; That the Examiner in the Examiner's said Report or reports recommends that certain persons named by said Examiner be joined as defendants in said registration proceeding,whose names and addresses are hereinafter set forth in the attached ORDER FOR SUMMONS, and are by reference thereto, specifically incorporated in this Petition; That the names of any persons,other than those named by the Examiner,hereinafter set forth in the attached ORDER FOR SUMMONS,are known or believed by your Petitioner to have or claim G:\CORP\NCC BA\petition-order-summons some right,title,estate,lien or interest in the premises described in the said Report or reports of the Examiner, and are by reference thereto specifically incorporated in this Petition; That your Petitioner has made a diligent effort by reasonable inquiry and search to ascertain the addresses of the persons hereinafter set forth in the attached ORDER FOR SUMMONS and the addresses of said persons are as hereinafter set forth in the attached ORDER FOR SUMMONS. Your Petitioner further states that there are no other persons or parties known to your Petitioner having,or claiming to have,any right,title,estate,lien or interest in or upon the real estate described in the said Report or reports of the Examiner who should be made defendants herein; and that Petitioner believes that said persons or parties whose addresses are given in the attached ORDER FOR SUMMONS as "unknown," are not residents of the State of Minnesota and cannot be found therein. WHEREFORE,your Petitioner prays that a Summons may be issued in this proceeding and that the Court enter its Order directing the Clerk of said Court to issue a Summons herein, as provided by law,directed to the persons named in said attached ORDER FOR SUMMONS;also to all heirs and devisees of any of the persons named in the attached ORDER FOR SUMMONS who are deceased; and to all other persons or parties unknown claiming any right, title, estate, lien or interest in the real estate described in the Application herein and any amendments thereto. **** G:\CORP\NCCBA\petition-order-summons 2 TRIMBLE & ASSOCIATES, LTD. To "' r ble, #122455 Je e C. O'Brien, #304852 1 01 Wayzata Boulevard inneapolis, MN 55305 763-797-7477 Attorneys for Petitioner STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) Jeffrey C. O'Brien, being first duly sworn, on oath says that he is the attorney for the Applicant named above, that he knows the contents of the foregoing Petition, that the averments thereof are true of his own knowledge,save as to such as are therein stated on information and belief, and that as to those he believes them to be true. Jeffr: t'O'B en Subscribed and sworn to before me, this l� day of 7-6 c4 , 2001 AWAWAAMAPNAWAMAAAANW (- )k \ ■ MATEW W.HAAPOJA • 1. �� ((( TH '4;4,.. r i'\ NOTARY PUBIIGMINNESOTA :;: MY OOIYr&BSION EXPIRES 131,2005 Notary Public, Hennepin County, MN My commission expires , 200_ G:\CORP\NCCBA\petition-order-summons 3 • ORDER FOR SUMMONS Upon examining the foregoing attached Petition and all the files and records in said proceeding: IT IS ORDERED, that the Clerk of this Court issue a Summons herein as required by law directed to the following parties who are hereby named as defendants in this proceeding: Name Address Snyder's Drug Stores, Inc., a Minnesota 14525 Highway 7 corporation Minnetonka, MN 55343 Peoples Bank of Commerce, a Minnesota 234 E. 1St Avenue banking corporation Cambridge, MN 55008 Agnes E. Wetherald unknown Herbert Wetherald unknown Charles F. Wetherald unknown Rene W. Wetherald 965 W. Hwy 36 Roseville, MN 55113 Grace Woolbright unknown Ramona Mary Cusick 2183 Lydia Ave. Maplewood, MN 55109 Edward Raymond Loeffler, Jr. 4318 Chatsworth Shoreview, MN 55112 James Michael Loeffler 239 Summit Avenue St. Paul, MN 55102 Anne Louise Pink 1380 Bidwell Street W. St. Paul, MN 55118 Cynthia Marie Loeffler 2299 Amberwood Dr. Woodbury, MN 55125 G:\CORP\NCCBA\petition-order-summons 4 • Name Address Theresa Eileen Loeffler 401 Sibley Street St. Paul, MN 55101 Mary Elizabeth Loeffler 401 Sibley Street St. Paul, MN 55101 Katherine Francis Loeffler 2299 Amberwood Dr. Woodbury, MN 55125 Robert Rene Loeffler 2680 Oxford Street Roseville, MN 55113 William Joseph Loeffler U.S.S. Lynde McCormick (DDG-8) F-2 Division F.P.O. San Francisco, CA 96672 Richard W. Trenkle unknown Jean Forney unknown North Central Conservative Baptist 7260 University Ave. NE Association, a Minnesota nonprofit Suite 110 corporation Fridley, MN 55432 City of Orono 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 F.M. Frattalone Excavating & Grading, Inc., a 3066 Spruce Street Minnesota corporation Little Canada, MN 55117 County of Hennepin Hennepin County Government Center 300 South 6th St. Minneapolis, MN 55487 Northern States Power Company, a Minnesota c/o Corporation Service Company corporation 33 S. 6th Street Multifoods Tower Minneapolis, MN 55402 also all heirs and devisees of any of the above-named persons who are deceased; and all other G:\CORP\NCCBA\petition-order-summons 5 ' persons or parties unknown claiming any right,title,estate,lien or interest in the real estate described in the Application herein and any amendments thereto. Dated this day of , 2001 Approved: JUDGE OF DISTRICT COURT Edward A. Bock, Jr. EXAMINER OF TITLES G:\CORP\NCCBA\petition-order-summons 6 STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT In the Matter of the Application of Court File No. 20563 Walfred Properties, LLP, a Minnesota limited liability partnership, To register the title to the real estate NOTICE AND ACKNOWLEDGMENT in Hennepin County, Minnesota, OF SERVICE BY MAIL namely; That part of Lot 5, Block 3, Townsite of Langdon Park, described as follows, to wit: Beginning at the intersection of the North line of said Lot 5 with the Northeasterly line of the public highway running across said Lot 5 and known as Minnetonka Lake Park and Maple Plain Road; thence 152.38 feet Easterly from said point along the North line of said Lot 5, thence 114 feet Southwesterly to a point in the Northeasterly line of said road 95.6 feet Southeasterly from the point of beginning,thence Northwesterly 95.6 feet to the point of beginning, Applicant vs. Snyder's Drug Stores, Inc., a Minnesota corporation, Peoples Bank of Commerce, a Minnesota banking corporation,the unknown heirs of Agnes E. Wetherald, the unknown heirs of Herbert Wetherald, the unknown heirs of Charles F. Wetherald, Rene W. Wetherald, Grace Woolbright, Ramona Mary Cusick, Edward Raymond Loeffler, Jr., James Michael Loeffler, Anne Louise Pink, Cynthia Marie Loeffler, Theresa Eileen Loeffler, Mary Elizabeth Loeffler, Katherine Frances Loeffler, Robert Rene Loeffler, William Joseph Loeffler, Richard W. Trenkle, Jean Forney,North Central Conservative Baptist Association, a Minnesota nonprofit corporation, Hennepin County, Minnesota, City of Orono, Minnesota, F.M. Frattalone Excavating & Grading, Inc., a Minnesota corporation, Xcel Energy Inc., a Minnesota corporation, and also all 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 G:\CORP\NCCBA\notice service-mail • TO: City of Orono, Lin Vee, City Clerk, 2750 Kelley Parkway, Crystal Bay, Minnesota 55323: 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 form to the sender within twenty (20) days. Signing this Acknowledgment of Receipt is only an admission that you have received the land title summons, 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 a 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 twenty (20) days, you (or the party on whose behalf you are being served) may be required to pay any expenses incurred in serving a land title summons 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 land title summons within twenty (20) days. If you fail to do so, judgment by default will be taken against you for the relief demanded in the land title summons. I declare under penalty of perjury,that this Notice and Acknowledgment of Recei Land Title Summons was mailed on July 24, 2001. Ae Inlat 4:1 &e Signature 4 Cle fie. 01/4/ Date of Signature ACKNOWLEDGMENT OF RECEIPT OF LAND TITLE SUMMONS IN APPLICATION FOR REGISTRATION OF LAND I declare, under penalty of perjury, that I received a copy of the land title summons in the above- captioned matter at 2750 Kelley Parkway, Crystal Bay, Minnesota 55323. G:\CORP\NCCBA\notice service-mail a-� / 4 Lin Vee City Clerk Relationship to Entity/Authority to Receive Service of Process g1,10, Date of Signature G:\CORP\NCCBA\notice service-mail