HomeMy WebLinkAbout1987-06-24 Statement of Adverse ClaimSTATEMENT OF ADVERSE CLA114
TO WHOM IT MAY CONCERN
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NOTICE IS HEREBY GIVEN, that VC1 Capital, Inc., a corporation under the laws
of the State of Minnesota (hereinafter referred to as "Claimant") with its
address at Box 115, Long Lake, Minnesota 55356, makes an Adverse Claim against
the following real estate situated in the County of Hennepin, State of
Minnesota, to -wit:
Lot 2, Block 1, North Arm Estates Third Addition,
the aforesaid real estate being registered land situated in said County and
State according to the books and records on file in the Office of the Registrar
of Titles in and for said County and State in Volume 2230, page 665208,
Certificate of Title No. 665209.
That said Adverse Clain arises by virtue of the facts and circumstances
hereinafter alleged and this Statement of Adverse Claim is filed pursuant to
nSA508.70.
That Mary V. Anderson is the record owner of the above-described real estate
pursuant to the aforesaid Certificate of Title. Th. property was formerly owned
by said Mary V. Anderson and David L. Anderson.
That Claimant is the owner of adjacent parcel, Lot 1, Block 1, North Arm
Estates Third Addition.
FIRST CLAIM
That subsequent to initial registration, Mary V. Anderson and David L. Anderson
and Veda, Inc., C1.i1^ant's predecessor, negotiated for and purchased together
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that portion of their respective lots which is embraced within tract B, ALS No.
924. Subsequently they rerlatted the property as North Ars Estates Third
Addition and divided the parcel between thew, adding the east 30 feet thereof to
the Andersons' lot and the raminder thereof to Veda's lot. The parties agreed
that they would build a joint dock for access to Lake !Minnetonka on the pareel
which was added to the Andersons' lot and that an copurtanant easement would be
granted to Veda, to run with the land, for :he u.se of the dock, with an
agreement that the parties share in the upkeep there:.
That Claimant has written correspondence between the par'.ies evidencing the
agreement but a formal Deed granting the easement has never bass prepared and
f sled.
That the parties did in fact build a joint dock and have continued to use it
jointly to this date, proceeding in every way pursuant to the teras of their
agreement with regard to the easement.
That Claimant has prepared and presented to Mrs. Anderson for her signature
a recordable Deed formalizing said easement but she has failed and refused to
execute the same.
CLA LM TWO
That Andersons' predecessor in title caused a pond to to created upon said
Lot 2, Block 1, North Ara Estates Third Addition near the boundary line with
Claimant's Lot 1, Block 1, North Ara Estates Third Addition. Drainage from said
pond was across the Anderson property and down to Lake Minnetonka.
That drainage from said pond has become impeded causing thj pond to becou
Increasingly larger to the point that it has expanded onto Claimant's property,
covering a substantial part of it with water or at least making it wet and
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unuseable and greatly reducing the value thereof.
That Claimant has requested that the drainage be restored but Andersons have
failed and refused to restore such drainage. Therefore, Claimant's drainage
rights across the subject property have been inteeferred with and Claimant
substantially damaEed thereby.
THEREfO'!E, you are hereby notified that VCI Capital, Inc. does hereby claim
its rights to an easement across the subject property as indicated herein and
does hereby claim its drainaEe rights and its right to have said drainage
restored.
That all notices pertaining to Claimant's Adverse Claim my be served upon
Claimant by serving its attorneys, Sjostrom and Lofthus, at 807 'Twelve Oaks
Center, Wayzata, Minnesota 55�91.
Da ted this., (/ day of 1987
STATE OF MINNESOTA )
ss.
COUaTY OF HENNEPIN )
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VCI CAPITAL, INC.
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Its '� �!��•_., i
being first duly sworn on oath says
that he is the l'-/1 f, i�A lr��.� of VCI Capital, Inc., the corporation
which is the Claimant in the within Statement of Adverse Clain; that he maker
that Statement on behalf of said corporation claiming said Adverse Claim; and
that the Statement is true of his own knowledGe�a nd bell f.
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Subscribed and sworn to before me thiscL'-day of Jl!tiI(-' , 1987
D. N. Siostrom
No�3ry ivONc•Minnelof•
Hennepin
NW My Com. Eo. 1.1.1 Notary1bl(tr
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THIS INSTRUMENT WAS DRAFTED BY:
SJOSTROM AND LOFTIIU.,
807 Twelve Oaks Center
15500 Wayzata Blvd.
Wayzata, Minnesota 55371
(612) 475-3611
Atty. I.D. No. 101722
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