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HomeMy WebLinkAbout1970-12-22 Letter, Abstract of TitleWAYNE G. POPHAM RAYMOND A. HAIK ROGER W. SCHNOBRICH DENVER KAU"MAN DAVID S. DOTY ROBERT A. MINISH RODE A. WOPOEN RUDY K. STEURY G. MARC WHITEHEAD 5 RUCE D. WILL1i FAC OERICM S. P C TAROS RONALD C.ELMJUIST ROBERT H. ZALK POPHAM. HAIK. SCHNOBRICH. KAUFMAN & DOTY. LTD 900 FARMERS 6 MECHANICS BANK BUILDING Mr. Ralph Martin Clerk Administrator Village of Orono P.O. Box 66 Crystal Bay, Minnesota MINNEAPOLIS 55402 December 22, 1970 Re: Kullberg Property Title Opinion; Our File Number 3643 Dear Mr. Martin: TELEPHONE 335-9731 AREA CODE 612 At your request I have examined an abstract of title to the following described property located in Hennepin County, Minnesota: That part of Lot 5, Block 9, Townsite of Langdon Park, described as follows: Commencing at the Southeast corner of said Lot 5; thence West on the South line of said Lot 132 feet; thence Northerly parallel with the Easterly side line of said Lot 495 feet; thence East to a point in the Easterly side line of said Lot which is distant 495 feet Northerly from the Southeast corner of said Lot; thence Southerly along the Easterly line of said Lot to the point of beginning. The abstract of title contains 78 entries and was last certified October 7, 1969 at 7:00 a.m. by the Title Insurance Company of Minnesota. I have also examined the tract index covering said property in the office of the Hennepin County Register of Deeds. As of December 21, 1970 and based on my examination of the foregoing, I find the title to the above described property to be vested in Ronald E. Kullberg and Audrey J. Kullberg, husband and wife, as joint tenants, subject to the following: POPHAM. HAIK, SCHNOBRICH, KAUFMAN 6 DOTY. LTD Mr. Ralph Martin Page Two December 22, 1970 1. A mortgage dated December 13, 1965, filed December 28, 1965, and recorded in Book 3584 of Mortgages, page 584, to secure the original principal amount of $19,000.00 held by the Small Business Administration. 2. A mortgage dated November 10, 1969, filed December 18, 1969, and recorded in Book 69 of Hennepin County Records, page 3810504 to secure the original principal amount of $97,000.00 held by the State Bank of Mound. By a document dated November 6, 1969, filed January 2, 1970, and recorded in Book 70 of Hennepin County Records, page 3813655. The Small Business Administration has subordinated the mortgage in number 1 hereof to the mortgage held by the State Bank of Mound. 3. An assignment of rent dated November 10, 1969, filed January 2, 1970, and recorded in Book 70 of Hennepin County Records, page 3813654 held by the State Bank of Mound. 4. A financing statement held by the State Bank of Mound, filed January 27, 1970 and recorded in Book 70 of Hennepin County Records, page 391626, evidencing a security interest in certain personal pr:.,perty on the described premises. 5. A conveyance by Quit Claim Deed appears into the chain of title from Rose Larson, a widow, dated May 19, 1956, filed December 4, 1957, and recorded in Book 2151 of Deeds, page 639. However, Rose Larson received title to the subject property by a Decree of Distributi-n dated October 7, 1957 and filed April 25, 1962 in the office of the Register of Deeds. As the Larson conveyance preceded the conveyance by which she took title to an undivided interest in the property, the conveyance was not effective to pass her interest in the property. 6. Those matters not of record appearing on the cover page of this title opinion which are hereby incorporated by reference and made a part of this title opinion. At closing, the Village of Orono should receive releases of the mortgages in numbers 1 and 2 above and the assignment in number 3 above as to the portion of the described property it is purchasing. We will prepare the deed from K;alloergs to Orono. Either the sum of $300.00 should be withheld from the Sellers to cover the matter noted in number 5, as a title registration POPHAM. HAIK, SCHNOBRICH, KAUFMAN & DOTY. LTD Mr. Ralph Martin Page Three December 22, 1970 may be needed to clear this interest, or, the Sellers should secure a Quit Claim Deed to the Village of Orono from Rose Larson. Please call if you have any questions. Very tru yours, )001 Rolfe A. Worden RAW:blr cc: Mr. Ronald E. Kullberg First State Bank of Mound Small Business Administration As pointed out in our title opinion, the following are some of the items that you should check as they do not appear of record and are not included in our title examination. . POSSESSION. You are charged with notice of the rights of anyone in possession. You should inspect the property for any evidence of use or possession by strangers or adjoining property owners of roads, private driveways, drainage ditches, encroaching buildings or fences. Any question as to location of boundary lines, encroach- ments, easements or related matters can he determined only by a proper survey. MEC'HANIC'S' LIENS. Claims of liens for labor or material furnished for the improvement of the premise-, need not be filed until S days after the completion of the work or until 90 days after the last item of material has been furnished. Therefore, a lien for recently com- pleted work may not be reflected in the abstract of title upon which our title opinion is based. Have any improvements been made within the last 90 days'' If so, you should be furnished with satisfactory evidence that these items have been paid for. 3. ZONING ORDINANCES. Do the municipal regulations permit use of the property for your purposes" What are the building setback requirements? 4. SPECIAL ASSESSMENTS. Assessments for special improvements are usually payable in installments over a period of years. This matter may be determined by inquiry at the municipal office. 5. PERSONAL PROPERTY. A purchaser of real estate on which a building is located should have a written agreement covering the purchase of items such as refrigerators. stoves, water heaters, carpets, furniture, and other personal property. 6. SANITARY FACILITIES. Is a sanitary sewer line available? If not, what is the condition of the on -the -lot sanitary facility? Is the surface water and shallow ground water table at an elevation which could affect the operation of the on -the -lot facility". Have there been problems of pumping and maintenance of the septic tank? 7. WATER. If private well is used: Has water been tested and capacity of well checked? 8. WATER BILLS. Ascertain from the Water Department whether the water bill has been paid, and have transfer made on their records. 9. MUNICIPAL IMPROVEMENTS. Inquire as to existing municipal improve- ments serving the property. 10. HOMESTEAD TAX ASSESSMENT. If you are to occupy property as a home, make application before next January 15th for homestead rate. 11. SOIL CONDITIONS. Are there surface water problems in [tie area? Is the soil of good quality to support the foundation of contemplated structures? Are soil tests available? POPHAM, HAIK, SCHNOBRIC'H, KAUFMAN & DOTY