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Hamm application to register land 2024
Taft/ Thomas L. Bray 612.977.8285 TBray@taftlaw.com February 16, 2024 Anna Carlson City Clerk 2750 Kelley Parkway Orono, MN 55356 Re: Application to Register Land Hennepin County District Court File No. 27-ET-CV-22-66 Dear Anna Carlson: 2200 IDS Center, 80 South 8th Street Minneapolis, MN 55402-2210 Tel: 612.977.8400 1 Fax: 612.977.8650 taftlaw.com Affirmative Action, Equal Opportunity Employer We represent Edward H. Hamm, Jr. as Trustee of the Amendment and Restatement of Trust of Edward H. Hamm dated October 10, 1995 (the "Hamm Trust") who is seeking to register title to property located at 485 Orono Orchard Road, Wayzata, Minnesota 55391 to fix a problem with the property's legal description. The current legal description of the Hamm property is a metes and bounds legal description and the description does not "close", meaning the beginning and ending points of the description do not meet. Because a portion of the Hamm Trust property is bisected by Fox Street and is bordered on the east by Orono Orchard Road S, and because there are City of Orono documents recorded against the Hamm Trust property (that the Applicant is not seeking to terminate) the Hennepin County Examiner of Titles named the City of Orono as a defendant in the proceeding. As a named defendant, the law requires the City of Orono to be served with notice of this proceeding. No money or damages are sought from the city or any other defendant. Enclosed please find the following documents: 1. Land Title Summons. 2. County GIS Map of the Hamm Trust parcel. 3. Application to Register Land ("Application"). 4. Amended and Substituted Report of Examiner ("Report"). The Examiner issued two supplemental Reports of Examiner, neither of which affected the city's interests, and so we did not include copies of them in this packet. The supplemental reports, along with a survey of the property and other pleadings may be obtained by accessing the Court's website at: https:Hpublicaccess.courts.state.mn.us/ or upon request via email to Taft paralegal, Donna Grelson, at dgrelson@taftlaw.com. Ms. Grelson can also email you copies of the recorded City of Orono documents that affect the property (as outlined in the Application and Report). Taft Stettinius & Hollister LLP I Taftlaw.com I The Modern Law Firm 131346306v1 Anna Carlson February 16, 2024 Page 2 If the city wishes to agree or assent to the proceeding, please let Ms. Grelson or me know and we will forward you an Assent for signature. If the city does nothing, neither asserts an interest or signs an Assent, the Hamm Trust may obtain a judgment registering title to its property by default. After you have had a chance to review the documents in the matter please feel free to contact me (or have your attorney contact me) to discuss the city's interests in the property. I may be reached at 612- 977-8285 or 651-270-1500 or at tbray(a-taftlaw.com. Sincerely, Taft Stettinius & Hollister LLP /s/ Thomas L. Bray Thomas L. Bray TLB:dg Enclosures 131346306v1 27-ET-CV-22-66 Filed in District Court State of Minnesota 2/5/2024 3:04 PM Rev. March 2021 27-ET-CV-22-66 STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT LAND TITLE SUMMONS IN APPLICATION FOR REGISTRATION OF LAND In the Matter of the Application of Edward H. Hamm, Jr. as Trustee of the Amendment and Restatement of Trust of Edward H. Hamm dated October 10, 1995 to register the title to the following described real estate situated in Hennepin County, Minnesota, namely: That part of Government Lot 4 and the Southwest Quarter of Section 2, Township 117, Range 23, Hennepin County Minnesota, described as follows: Beginning at a point on the East line of Government Lot 4, distant 434.3 feet South of the Northeast corner thereof, designated as Point A; thence Northwesterly deflecting to the right from said East line 101 degrees 43 minutes, a distance of 182 feet; thence Northwesterly 60 feet along a curve to the right with a radius of 4687.5 feet; thence Northwesterly 200 feet along a curve to the right with a radius of 222.45 feet; thence Northerly 175 feet along a curve to the right with a radius of 237.56 feet; thence Northerly 50 feet along a curve to the right with a radius of 527.42 feet; thence Northeasterly to a point on the North line of Government Lot 4, distant 360 feet West of the Northeast corner thereof designated as Point B; thence northeasterly 55.51 feet along a line which forms an angle of 68 degrees 40 minutes 08 seconds with said North line of Government Lot 4; thence northerly 100.00 feet along a tangential curve concave to the west having a radius of 181.40 feet and a central angle of 31 degrees 35 minutes 07 seconds; thence northwesterly 125.00 feet along a compound curve concave to the west having a radius of 283.70 feet and a central angle of 25 degrees 14 minutes 42 seconds; thence northwesterly on a line tangent to last described curve 267.40 feet; thence northwesterly deflecting 02 degrees 23 minutes 00 seconds to the left from last described course 123.34 feet; thence northwesterly 104.40 feet along a tangential curve concave to the southwest having a radius of 164.00 feet and a central angle of 36 degrees 28 minutes 30 seconds, to a point on the west line of the East One -Half of the Northwest Quarter of the Southwest Quarter of said Section 2, exclusive of the highway (33 feet wide) upon the easterly side thereof, said East One -Half being ascertained after taking from the Northwest Quarter of the Southwest Quarter of said section said highway upon the easterly side, and which is 636.66 feet north from the Southwest corner of said East One -Half so ascertained; thence north along said west line of the East One -Half so ascertained 679.66 feet to the northwest corner thereof; thence east along the north line of the Southwest Quarter of said Section 2 to the northeast coiner of the Northwest Quarter of the Southwest Quarter of Section 2; thence south along the east line of said Northwest Quarter of the Southwest Quarter of Section 2 and Government Lot 4 to the point of beginning. Also that part of said West One -Half of the Northwest Quarter of the Southwest Quarter of Section 2 exclusive of highway (33 feet wide) on the easterly side thereof, said West One -Half being ascertained after taking from said Northwest Quarter of the Southwest Quarter of Section 2 said highway upon the easterly side; lying easterly of Macmillan Addition, according to the recorded plat thereof and northerly of a line and its westerly extension described as commencing at the northeast corner of said West One- Half so ascertained; thence on an assumed bearing of South 00 degrees 17 minutes 01 second East, along the east line of said West One -Half so ascertained 679.85 feet, more or less to a point 636.66 feet north of the southeast corner of said West One -Half, said point being the point of beginning of the line to be described; thence deflecting right at an angle of 83 degrees 53 minutes 00 seconds on a line bearing South 83 degrees 35 minutes 59 seconds West 33.68 feet; thence South 82 degrees 23 minutes 59 seconds West 66.32 feet to the most southerly southeast corner of Outlot C, said Macmillan Addition and said line there terminating. Together with a non-exclusive easement for driveway purposes over, under and across part of Outlot C and Lot 2, Block 1, MacMillan Addition and the Northwest Quarter of the Southwest Quarter of Section 2, Township 17, Range 23, as described in the Private Road Agreement recorded January 14, 1930 as Document No. Al579568 and amended in the Agreement Regarding Correction of Easement Legal Description recorded June 19, 2018 as Document Nos. Al0563491 and T5538418. 27-ET-CV-22-66 Filed in District Court State of Minnesota 2/5/2024 3:04 PM Rev. March 2021 Applicant(s) vs. Edward H. Hamm, Jr.; Elisabeth J. Dayton; David C. Weyerhaeuser, as Trustee of the David C. Weyerhaeuser Revocable Trust under Agreement dated July 18, 2014; The Northern Trust Company; Wells Fargo Bank, N.A.; David C. Weyerhaeuser; Partnership Holdings LLC; "unknown occupants of 1580 Fox St."; "unknown occupants of PID No. 03-117-23-41-0006' ; "unknown occupants of PID No. 02-117-23-23-0008'; "unknown occupants of PID No. 02-117-23-32-0008' ; "unknown occupants of PID No. 03-117-23-14-0001' ; Gregory J. Truchinski; Nancy R. Truchinski; Far View LLC; "unknown occupants of 1560 Fox St."; The Trustee(s) of the Medina Surf Trust u/a 4/26/2019; "unknown occupants of 1570 Fox St."; U.S. Bank National Association; Carol G. Brooks; Conley Brooks Jr.; Bank of America, N.A.; Mortgage Electronic Registration Systems, Inc.; David MacMillan; John H. MacMillan IV; Kate M. Reed; Wayzata Bay LLC, a Minnesota limited liability company; William P. Henneman; Andrea B. Henneman; BankVista; Alerus Financial, N.A.; Stifel Bank & Trust; Craigbank Holdings, LLC; "unknown occupants of 1620 Fox St."; "unknown occupants of 1700 Fox St."; City of Orono; State of Minnesota; Northern States Power Company; Xcel Energy, Inc.; 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 within 20 days after service of this Summons upon you. An answer is only required if you want to object to registration of the property as requested by the Applicant. If you fail to answer within 20 days, the Applicant in this proceeding will apply to the court for the relief demanded in the Application without further notice to you. Your Answer must be e-filed by your attorney. If you do not have an attorney, you may e-file the Answer, or the Answer may be filed by mailing it to: Examiner of Titles, A- 701, Hennepin County Government Center, 300 South Sixth Street, Minneapolis, MN 55487-0071 with a check payable to District Court Administrator for $297.00 for the filing fee, or with an order waiving the fee. If you have questions about these procedures, you may contact the Examiner of Titles office by phone at 612-348-3191 or by email at Ex.Titles@hennepin.us. You should also serve your answer on the Applicant's attorney, or the Applicant, if self -represented, within the 20 days. Witness, District Court Administrator of said Court, and the seal thereof, at Minneapolis, in said County, this 5th day of February, 2024. By Deputy Thomas L. Bray Attorney(s) for Applicant(s) Taft Stettinius & Hollister LLP 2200 IDS Center, 80 S 8th Street Minneapolis, MN 55402 Address 612-977-8285 Phone 0 Hennepin County Property Map Date: 2/14/2024 Dickenson St v� y a m c 0 a O o` I <a x tit ,,•� O� 1 inch = 400 feet PARCEL ID: 0211723320001 OWNER NAME: Edward H Hamm Trustee PARCEL ADDRESS: 485 Orono Orchard Rd S,Orono MN 55391 PARCEL AREA: 21.53 acres, 937,776 sq ft A-T-B: Abstract SALE PRICE: SALE DATE: SALE CODE: ASSESSED 2022, PAYABLE 2023 PROPERTY TYPE: Residential HOMESTEAD: Non -Homestead MARKET VALUE: $5,431,800 TAX TOTAL: $56,714.08 ASSESSED 2023, PAYABLE 2024 PROPERTY TYPE: Residential HOMESTEAD: Non -Homestead MARKET VALUE: $6,126,600 Comments: This data (i) is furnished 'AS IS' with no representation as to completeness or accuracy; (ii) is furnished with no warranty of any kind; and (iii) is not suitable for legal, engineering or surveying purposes. Hennepin County shall not be liable for any damage, injury or loss resulting from this data. COPYRIGHT © HENNEPIN COUNTY 2024 Existing Cens 1350021,1042450 LAND TYPE Torrens (T) DOC NUM 5960596 Certified, filed and/or recorded on Jul 20, 2022 11:43 AM Office of the Registrar of Titles Hennepin County, Minnesota Amber Bougie, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 149 Pkg ID 2470184E Document Recording Fee $46.00 Multiple Certificates Affected Fee $20.00 Document Total $66.00 This cover sheet is now a permanent part of the recorded document. 11111111111111111111111111111111111111111111111111 LAND TYPE Abstract (A) DOC NUM 11126966 Certified, filed and/or recorded on Jul 11, 2022 1:58 PM Office of the County Recorder Hennepin County, Minnesota Amber Bougie, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 175 Pkg ID 2466200E Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. 27-ET-GV-22.66 Individual Application (Rev.8/17) 508.06 STATE OF MINNESOTA COUNTY OF HENNEPIN 140. In the Matter of the Application of Edward H. Hamm, Jr. as Trustee of the Amendment and Restatement of Trust of Edward H. Hamm dated October 10, 1995 To Register the Tittle to Certain Land STATE OF MINNESOTA j l� COUNTY OF DAKOTA � TO THE JUDGES OF THE ABOVE -NAMED COURT FOW in District Court State of Minnesota 6/28/2= 2:15 PM DISTRICT COURT FOURTH JUDICIAL DISTRICT OTHER CIVIL: TORRENS APPLICATION Applicant hereby applies to register the title to the land described In this Application and solemnly swears that the contents of this Application are true to the best of Applicant's own knowledge, except as to those matters stated on AppliicarWs information and belief, and that as to those matters Applicant believes them to be true. _ . , _ // 1l- Jr., Tnatee of he Amendment and Restatement of _ of ., Lii. Hamm da , d October 1t 1995 Applicant is 18 years of age or older and is not under any legal incapacity. B, Description of land: no land is legally described on the attached Exhibit A. tin addition to the land, Applicant seeks to register the appurtenant easements described on Exhibit B. The estimated market value of the land to be registered, exclusive of improvements, according to the last official assessment is $1.149.000. C. Estate or interest claimed in the land is fee simple and is © subject to homestead OR ® not subject to homestead. 0. ❑ The land is occupied by Applicant ® The land is unoccupied ❑ The land is occupied as follows E. The land is encumbered by the following I'iens and interests, recorded or unrecorded: 715737$600 V-11ST-GV-22.66 Flied in Di MO Court state of WMwwoota 612g12D22 2:16 PM 1, Terms and conditions contained in Notice of tis Pendens - Condemnation of Certain Lands for Highway Purposes, recorded as Document No. 6735487. NOTE; Applicant obtained Commitment for Title Insurance No. 21-1402, dated March 14, 2021, from Trademark'nitle Services, Inc. (the "Commitment'), which has or will be provided to the Examiner of Titles as part of this application process. It is the Apploonrs belief and understanding that Document No. 6736487 does not affect the property described in Exhibits A or B. but rather h affects property tying near the property described herein, which was at one time owned by the Applicant. Applicant's attorney has requested Trademark Title Services, Inc, delete Document No. 6735487 as an exception to title from the Commitment, but to -date this has not been done. Therefore. Applicant is including in this application Document No. 6735487 as a possible encumbrance. 2. Terms and conditions contained in Private Road Agreement, recorded on January 14, 1030 as Document No. 1670668, as partially amended by Document No. Al0563491. 3. Nan -exclusive easement for driveway purposes as contained in instrument recorded on July 12, 1945 in Book 1643 of Deed, page 333, Doc, No. A2295932. 4, Terms and conditions contained In Declaration of Subdivision Covenants, recorded April 14, 2000 as Document No. 7285795. 6. Terms and conditions contained in Easement Agreement, recorded on May 21, 2001 as Document No. 7474628. 8, Terms and conditions contained In Resolution No, 6017 granting a conditional use permit per municipal zoning code Section 10.03, Sub % recorded on February 5. 2004 as Document Ato. 8287776, 7. Terms and conditions contained in Resolution No. 4953 granting a variance to municipal zoning code Section 10.03, Sub 16 (C) recorded, on April 7, 2004 as Document No. 8327496. 8. Terms and Conditions contained in Resolution No. 4972 granting a conditional use permit per municipal zoning code Sedion 10.20, Sub 3 (t3), recorded on April 7, 2004 as Document No. 8327497. 9. Terms and conditions contained in Agreement Regarding Correction of Easement Legal Oesoription, recorded on June 19, 2018 as Document No. A10563491. F. Applicant seeks a determination terminating or modifying the following liens or interests: None. G. The title to the land is subject to the following other defects: Applicant acquired title to the land pursuant to a Quit Claim Deed dated June 26,1 ON and recorded in the office of the Hennepin County Recorder as Document No. 6626573 ("Applicant's Vesting [Deed'). The legat description used in Applicant's Vesting geed (the `Record Description") does not close along the land's westerly boundary and Is, therefore, ambiguous. The reap In the westerly boundary of the Record Description is shown on the Boundary, Location, Topographic and utility Survey prepared by Sunde Land Surveying dated April 7, 2021, Project No. 2021-030 CSurvey°)' The Record Description was first used in a Deed from Joseph Chapman, Jr. and Elizabeth Mayhew Chapman, his wife, to William Hamm, Jr. and Marie Hersey Hamm, his wita, dated June 27,1945 and ' Applicant is filing the Survey with the District Court to provide a record of the gap in the historic description. Note that Street 4 of 4 of the Survey depicts an alternative corrective description which Applicant elected not to use because it is consistent with the current descriptions of certain adjacent registered property aurreritly described on Hennepin County Certificates of Title Nos. 1350021 and 1042450. 2 7157378600 27-ET V-22-66 recorded on July 12, 19/46 in the office of the Hennepin County Recorder as Document No. 2295932 (the "Original Deed"). All of the parties to the Original Deed are deceased, so Applicant is unable to determine how the parties to the Original Deed intended the legal description used in the Original Deed to close. Furthermore, because the lands on either side of the unclosed westerly boundary described in the Original Deed have, at all times since the execution of the Original Deed, been subject to and used in accordance with a roadway easement, the use of the lands an either side of the un-closed westerly boundary described in the Original Deed by the parties to the Original Deed and their successors in title does not evidence any particular understanding or agreement as to the intended or agreed upon location of said westerly boundary. Attached to this Application as Exhibit C Is an Affidavit of Mr. Arlee J. Carlson, the Minnesota licensed professional land surveyor who prepared the Survey. The Affidavit states that in the Affient's professional opinion, the legal description of the land set forth on the attached Exhibit A is a reasonable resolution of the ambiguities in the legal description set forth in the Original Deed and in Applicant's Vesting peed, taking into account various factors including the description set forth In the Original Deed and the current, record descriptions of certain surrounding parcels. FINW in DistOd Court state of Minnesota 9/2W2022 2:15 PM Based on (1) the ambiguity in the legal descriptions used in the Original Deed and the subsequent deeds in Applicant's chain of title including, without limitation, Applicant's Vesting Deed caused by the Record Description's failure to close, (2) the absence of any evidence as to the intent of the parties to the Original Deed as to the exact location of the westerly boundary of the property described In the Original Deed, (3) the absence of evidence as to any particular understanding or agreement between the successors in title to the parties to the Original Deed as to the exact location of the westerly boundary of the property described in the Original Deed, and (4) the Affidavit of Mr. Adee J. Carlson, a Minnesota licensed professional land surveyor. Applicant seeks a Declaratory Judgment that the legal description of the land owned by Applicant is as set forth on the attached Exhibit A and registration of the Applicant's title to that land. 9 Applicant does not wish to fix and establish the boundary lines of the land for] ❑ Applicant desires to fix and establish all boundary lines of the land. Applicant requests the Court to adjudicate that Applicant is vested with title to the estate or estates in the lands as described in this Application, 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 appr �riate. Edwar . H , Jr., Trustee of the Amendment and Restatement of Trust of Edward H. Hamm dated October 10,1995 Subscribed and sworn to before me on ,J-t4.%i.,- ■4 t 2t-2_ , by r (date) dvmrd_H. Hamm. Jr. (Notary public) 7157378wo Attorney for Applicant Name: Thomas 1, Bray Firm: left S-te-ft6us g Hollister t.t_P Address: 2200 QS_ Center, 80 S. a Sjgt M,i=polis..MN $6402 Telephone: 612-_977-428� Fax: Q12 Q77-866 Attorney Registration No.,192417 Email: thEgy aw corn 27-ET-CV-22-66 Approved for Filing: Deputy Examiner of TitM Filed In District Court Stair of Minnesota OnW2022 2:15 PM 71573786VIO 27-ET-CV-22-M Filed In D19W # Court State of Minnesota W912022 2:16 PiA Individual Application (Rev.8/17) 608-06 Exhibit A to Application to Register Title to Land Legal Description of Fee Title to be Registered That part of Government Lot 4 and the Southwest Quarter of Section 2, Township 117 North, Range 23 West of the Fifth Principal Meridian, Hennepin County Minnesota, described as follows: Beginning at a point on the Fast line of Government tot 4, distant 434.3 feet South of the Northeast corner thereof, designated as Paint A; thence NortImesterty deflecting to the right from said East line 101 degrees 43 minutes, a distance of 182 feet; thence Northwesterly 60 feet along a curve to the right with a radius of 4687.6 feet; thence Northwesterly 200 feet along a Curve to the right with a radius of 222.46 feet; thence Northerly 1755 feet along a curve to the right with a radius of 237.56 feet; thence Northerly 50 feet along a curve to the right with a radius of 527.42 feet; thence Northeasterly to a point on the North line of Government Lot 4, distant 360 feet West of the Northeast corner thereof designated as Point B; thence northeasterly 66.61 feet along a line which fortis an angle of 68 degrees 40 minutes 08 seconds with said North fine of Government Lot 4; thence northerly 100.00 feet along a tangential cone to the west having a radius of 181.40 feet and a central angle of 31 degrees 36 minutes 07 seconds; theme northwesterly 125.00 feet along a compound curve concave to the west having a radius of 283.70 feet and a central angle or25 degrees 14 minutes 42 seconds; thence northwesterly on a line tangent to last described curve 267.40 feel; thence northwesterly deflecting 02 degrees 23 minutes 00 seconds to the left from last described course 123.34 feet; thence northwesterly 104.40 feet along a tangential Curve concave to the southwest having a radius of 104.00 feet and a central angle of 36 degrees 28 minutes 30 seconds, to a point on the west line of the Fast One -Half of the Northwest Quarter of the Southwest Quarter of said Section 2, exclusive of the highway (33 feet wide) upon the easterly side thereof, sold Fast One -Half being ascertained after taking from the Northwest Quarter of the Southwest Quarter of said section said highway upon the easterly side, and which is 636.66 feet north from the Southwest Comer of said East One -Half so ascertained; thence north along sold west One of the East One -Half so ascertained 679.66 feet to the northwest corner thereof; thence east along the north line of the Southwest Quarter of said Section 2 to" northeast comer of the Northwest Quarter of the Southwest Quarter of Section 2; thence south along the east line of said Northwest Quarter of the Southwest Quarter of Section 2 and Government Lot 4 to the point of beginning. Also that part of said West One -Half of the Northwest Quarter of the Southwest Quarter of Section 2 exclusive of highway (33 feet wide) on the easterly side thereof, said West One-half being ascertained after taking from said Northwest Quarter of the Southwest Quarter of Section 2 said highway upon the easterly side; lying: easterly of Macmillan Addition, according to the recorded plat thereof and northerly of a line and its westerly extension described as commencing at the northeast comer of said West One- Half so ascertained; thence on an assumed bearing of South 00 degrees 17 minutes 01 second Fast, along the east tine of said West One -Half so ascertained 679.85 feet, more or less to a point 636.68 feet north of the soutteast comer of said West One -Half, said point being the paint of beginning of the line to be described; thence deflecting right at an angle of 83 degrees 53 minutes 00 seconds on a tine bearing South 83 degrees 36 minutes 59 seconds West 33.68 feet; thence South 82 degrees 23 minutes 59 seconds West 86.32 feet to the most southerly southeast corner of Outtot C, said Macmillan Addition and said line there terminating. Subject to and together with a 16.00 foot wide easement for driveway purposes over and across that part of the above described premises lying 8.00 feet on each side of the line described above between "Point A" and "Point B", A-1 71573786vIO 27-ET-CV-22-N Red in Opa 10 Court Stake of MNmesota &291 = 2:15 PM Individual Application (Rev.8117) 608.06 Exhibit B to Application to Register ''itie to land Legal Description of Appurtenant Basements to be Registered Applicant seeks to register the following as an appurtenant easement over abstract property; A non-exclusive easement for driveway purposes over that part of Government Lot 4, Section 2, Township 117, Range 23 lying Northerly and Easterly of a line and its extension drawn parallel with and 8 feet distant Southerly and Westerly from the above described line between Point A and Paint B measured at right angles and radially to said line between Point A and Point B, as contaloed In Instrument recorded in Book 1643 of Deed, page 333, Doc. No. A2295932; and Applicant seeks to register the following as an appurtenant easement over land already registered and described on Certificates of Title Nos.136=1 and 1042450; A non-exclusive easement for driveway purposes over a parl of the Northwest Quarter of the Southwest Quarter of Section 2, Township 17, Range 23 as described In the Private Road Agwmant dated October 30,1929 and recorded on January 14,1930 as Document No.1579568 and in the Agreement Regarding Correction of Easement Legal Description dated May 26, 2018 and recorded on June 19, 2018 as Document Nos. A10563491 and T0553841 B. B-1 27-ET CV-22•B6 Individual Application (Rev.8117) 508.O6 Exhibit C to Application to Register Title to Land Affidavit of Surveyor 0.1 Filed in District Court State of A wwmota BJM022 2:16 PM 71S7378600 27-ET-CV-22-N STATIC OF MINNESOTA COUNTY OF HENNEPIN IN THE MATTER OF APPLICATION OF Edward H. Hamm, Jr. as Trustee of the Amendment and Restatement of Trust of Edward H. Hamm dated October 10.1996, to register title to oertaln land. STATE OF MINNESOTA } 7 ss. COUNTY OF i,>C a DISTMCT COURT FOURTH JUDICIAL DISTRICT FILE NO, OTHER CIVIL, Tonens AFFIDAVIT OF SURVEYOR AM 4, gads , being first duly sworn on oath, states or affirms says that: 1. i am a Licensed Land Surveyor under the laws of Minnesota and my Minnesota License No. is A4940. I am employed by Sunda Land Surveying. 2. t prepared and certified the Boundary, Location, Topographic and Utility Survey dated April 7, 2021, Project No. 2021-030 ("Survey"). 3. One of the legal descriptions which I surveyed and depicted on the Survey is the metes and bounds description first used In that certain Deed dated June 27,1945 (the "1M Deed') and recorded in the office of the Hennepin County Recorder as Document No. 2295932 (1295932 Legal Description"}. 4. The metes and bounds cake in the 2295932 Legal Description do not dose Q.e. the final metes and bounds call In the description does not terminate at the description's point of beginning). S. The Applicant has advised me that both the Grantors and Grantees identified in the document that first used the 2295932 Legal Description (a deed from Joseph Chapman, Jr. and Elizabeth Mayhew Chapmen, his wife, to William Hamm, Jr. and Marie Hersey Hamm, his wife, dated June 27,1945 and recorded on July 12. 1945 in the office of the Hennepin County Recorder as Document No. 2295932) are deceased, and that Applicants are unable to determine how the parties to the 1945 Deed intended the 2295932 Legal Description to close. 6. 1 have reviewed the 2295932 Legal Description, the legal descriptions of various surrounding properties, and the descriptions of certaln recorded roadway easements located in the area of the ambiguous boundary. Based on that review, I prepared new legal description that modifies the 2295932 Description so that It doses and that is attached hereto as Exhibit A CProposed Legal Description"}. In my professional opinion, the modifications I made to the 2295932 Legal Description to create the Proposed Legal Description are a reasonable resolution of the ambiguity resulting from the 2295932 Legal Description's failure to close. [SApature ofAffiant and Juraf on Wowing pap] Filed In District Court State of t kWosota 6/29r= 2:15 PM C-2 7337326SV2 27-0f-CV-22.66 Dated: Gl v1.o SubrAped and UILM-0— to before me this�rr�rr33 day of , 2022, I -a dj,J-i),ft ttrrB ofl+fota+Y71i FT``''irI IN 73373265V2 C-3 Afflant Artee I Carlson,,.-' Filed in WWI Court State of Minne$M M012022 2:15 PM 27-ET.CV-224e Exhibit to Affidavitof Artee J. Carlson Legal Description That part of Government lot 4 and the Southwest Quarter of Section 2, Township 117 North, Range 23 West of the Fifth Principal Meridian, Hennepin County Minnesota, described as follows: Beginning at a point on the East fine of Government Lot 4, distant 434.3 feet South of the Northeast corner thereof, designated as Point A; thence tdorMwestedy deflecting to the right from said East line 101 degrees 43 minutes, a distance of 162 feet; thence Northwesterly 60 feet along a curve to the right with a radius of 4687.6 feet; thence Northwesterly 200 feet along a curve to the right with a radius of 222.46 feet; thence Northerly 175 feet along a curve to the right with a radius of 237,5e feet; thence Northerly 80 feet along a curve to the right with a radius of 527.42 feet; thence Northeasterly to a point on the North line of Government Lot 4, distant 360 feet West of the Northeast corner thereof designated as Point B; thence northeasterly 66.61 feet along a line which forms an angle of 08 degrees 40 minutes 08 seconds with said North One of Government Lot 4; thence northerly 100.00 feet akxtg a tangential concave to the west having a radius of 181.40 feet and a central angle of 31 degrees 36 minutes 07 seconds; thence northwesterly 125.00 feet along a oompou nd curve concave to the west having a radius of 263.70 feet and a central angle of26 degrees 14 minutes 42 seconds; thence northwesterly on a line tangent to last described curve 267.40 feet; thence northwesterly deflecting 02 degrees 23 minutes 00 seconds to the left from last described course 123.34 feet; thence northwesterly 104,40 feet along a tangential curve comma to the southwest having a radius of 164.00 feet and a central angle of 36 degrees 28 minutes 30 seconds, to a point on the west line of the East One -Half of the Northwest Quarter of the Southwest Quarter of said Section 2, exclusive of the highway (33 feet wide) upon the easterly side thereof, said East One -Half being ascertained after taking from the Northwest Quarter of the Southwest Quarter of said section said highway upon the easterly side, and which Is 636.66 feet north from the Southwest comer of said East One -Half so ascertained; thence north along said west line of the East One -Half so ascertained 679.66 feet to the northwest corner thereof; thence east along the north line of the Southwest Quarter of said Section 2 to the northeast comer of the Northwest Quarter of the Southwest Quarter of Section 2; thence souih along the east line of said Northwest Quarter of the Southwest Quarter of Section 2 and Government Lot 4 to the point of beginning. Also that part of said West One -Half of the Northwest Quarter of the Southwest Quarter of Section 2 exclusive of highway (33 feet wide) on the easterly side thereof, said West One -Half being ascertained after taking from said Northwest Quarter of the Southwest Quarter of Section 2 said highway upon the easterly side; lying easterly of Macmillan Addition, according to the recorded plat thereof and northerly of a line and ifs westerly extension described as commencing at the northeast comer of said Vest One- Half so ascertained; thence on an assumed bearing of South 00 degrees 17 minutes 01 second East, along the east line of said West One-Kalf so ascertained 079.86 feet, more or less to a point 636,66 feet north of the southeast comer of said West One-half, said point being the point of beginning of the tine to be described; thence deflecting right at an angle of 83 degrees 63 minutes 00 Seconds on a line bearing South 83 degrees 35 minutes 69 seconds West 33,68 feet; thence South 82 degrees 23 minutes 69 seconds V*066.32 Peet lo the most southeW southeast corner of Outlot C, said Macmillan Addition and said line there terminating. Subject to and together with a 16.00 #loot wide easement for driveway purposes over and across that part of the above described premises lying 8.00 feet on each side of the line described above between "Point A" and "Point 13". A•1 73373265v2 C4 Fled in District Court Stele of Minnesota ar2W2022 2:16 FM 27-FT-0V•22-W Fled In District Court $tale of Minnesota 6t74;'12022 �:15 PM/ EXAMINER'S APPROVAL STATEMENT In the Matter of the ;Application of Edward H. Hamm, Jr. as Trustee of the Amendment and Restatement of Trust of Edward H. Hamm dated October 10,1995 To Register the Title to Certain Land The foregoing 10-page Application is approved as to form and for.jecoiding with the County Recorder on the following lands: See the foregoing Exhibits A and B and for filing with the Registrar of Titles on the following lands: See the foregoing Exhibit B for lands described on Certificates of Title Nos.1350021 and 1042450 Susan Ledray Examines `l" es June 29, 2022 By: Paul W. Pahning Deputy Examiner of Titles 27-ET-CV-22-66 Filed in District Court State of Minnesota 8/14/2023 2:34 PM 27-ET-CV-22-66 STATE OF MINNESOTA COUNTY OF HENNEPIN Pt. Govt. Lot 4 and NW '/4 SW '/4 2-117-23 In the Matter of the Application of Edward H. Hamm, Jr. as Trustee of the Amendment and Restatement of Trust of Edward H. Hamm dated October 10, 1995 To Register the Title to Certain Land. DISTRICT COURT FOURTH JUDICIAL DISTRICT App. No. Al1126966 Last Doc. (Appt.) No. A11126967 AMENDED AND SUBSTITUTED REPORT OF EXAMINER TO THE HONORABLE JUDGES OF THE DISTRICT COURT OF HENNEPIN COUNTY: Pursuant to Minn. Stat. § 508,13, the undersigned Examiner of Titles has examined the title of the Applicant to the land described in the Application, investigated the truth of all matters set forth therein, determined whether or not the land is occupied, and, if occupied, the nature thereof and by what right the occupation is held, and also whether or not any judgments against the Applicant or those through whom the Applicant claims title may be a lien upon the land described in the Application. I have searched the public records, and fully investigated all facts brought to my notice pertaining to the title, including the abstracts filed herein (I will refer to the stub abstract from Quality Abstract, Inc. as the "Abstract"), and an inspection report by the County Surveyor. This report to the Court contains the substance of the proof and a Certificate of Opinion upon the title. Record Ownership. At the time of the filing of the Application herein, the Applicant was the record owner, except as herein noted, in fee simple of the land in the County of Hennepin and State of Minnesota described in the Application and as follows: That part of Government Lot 4 and the Southwest Quarter of Section 2, Township 117, Range 23, Hennepin County Minnesota, described as follows: Beginning at a point on the East line of Government Lot 4, distant 434.3 feet South of the Northeast corner thereof, designated as Point A; thence Northwesterly deflecting to the right from said East line 101 degrees 43 minutes, a distance of 182 feet; thence Northwesterly 60 feet along a curve to the right with a radius of 4687.5 feet; thence Northwesterly 200 feet along a curve to the right with a radius of 222.45 feet; thence Northerly 175 feet along 27-ET-CV-22-66 Filed in District Court State of Minnesota 8/14/2023 2:34 PM a curve to the right with a radius of 237.56 feet; thence Northerly 50 feet along a curve to the right with a radius of 527.42 feet; thence Northeasterly to a point on the North line of Government Lot 4, distant 360 feet West of the Northeast corner thereof designated as Point B; thence northeasterly 55.51 feet along a line which forms an angle of 68 degrees 40 minutes 08 seconds with said North line of Government Lot 4; thence northerly 100.00 feet along a tangential curve concave to the west having a radius of 181.40 feet and a central angle of 31 degrees 35 minutes 07 seconds; thence northwesterly 125.00 feet along a compound curve concave to the west having a radius of 283.70 feet and a central angle of 25 degrees 14 minutes 42 seconds; thence northwesterly on a line tangent to last described curve 267.40 feet; thence northwesterly deflecting 02 degrees 23 minutes 00 seconds to the left from last described course 123.34 feet; thence northwesterly 104.40 feet along a tangential curve concave to the southwest having a radius of 164.00 feet and a central angle of 36 degrees 28 minutes 30 seconds, to a point on the west line of the East One -Half of the Northwest Quarter of the Southwest Quarter of said Section 2, exclusive of the highway (33 feet wide) upon the easterly side thereof, said East One -Half being ascertained after taking from the Northwest Quarter of the Southwest Quarter of said section said highway upon the easterly side, and which is 636.66 feet north from the Southwest corner of said East One -Half so ascertained; thence north along said west line of the East One -Half so ascertained 679.66 feet to the northwest corner thereof; thence east along the north line of the Southwest Quarter of said Section 2 to the northeast corner of the Northwest Quarter of the Southwest Quarter of Section 2; thence south along the east line of said Northwest Quarter of the Southwest Quarter of Section 2 and Government Lot 4 to the point of beginning. Also that part of said West One -Half of the Northwest Quarter of the Southwest Quarter of Section 2 exclusive of highway (33 feet wide) on the easterly side thereof, said West One -Half being ascertained after taking fiom said Northwest Quarter of the Southwest Quarter of Section 2 said highway upon the easterly side; lying easterly of Macmillan Addition, according to the recorded plat thereof and northerly of a line and its westerly extension described as commencing at the northeast corner of said West One- Half so ascertained; thence on an assumed bearing of South 00 degrees 17 minutes 01 second East, along the east line of said West One -Half so ascertained 679.85 feet, more or less to a point 636.66 feet north of the southeast corner of said West One -Half, said point being the point of beginning of the line to be described; thence deflecting right at an angle of 83 degrees 53 minutes 00 seconds on a line bearing South 83 degrees 35 minutes 59 seconds West 33.68 feet; thence South 82 degrees 23 minutes 59 seconds West 66.32 feet to the most southerly southeast corner of Outlot C, said Macmillan Addition and said line there terminating. Together with a non-exclusive easement for driveway purposes over, under and across part of Outlot C and Lot 2, Block 1, MacMillan Addition and the Northwest Quarter of the Southwest Quarter of Section 2, Township 17, Range 23, as described in the Private Road Agreement recorded January 14, 1930 as Document No. Al579568 and amended in the Agreement Regarding Correction of Easement Legal Description recorded June 19, 2018 as Document Nos. A10563491 and T5538418. (hereinafter "the Land") 27-ET-CV-22-66 Filed in District Court State of Minnesota 8/14/2023 2:34 PM The legal description in the Application has been revised to conform to Hennepin County's preferred format. This legal description should be used in all further proceedings. The Property Id. No. of the Land is 02-117-23-32-0001. 2. Occupancy. Applicant states that the Land is unoccupied. The Report of Survey and of Inspection of Premises dated August 8, 2022 ("County Surveyor's Report") states the Land is occupied by Edward H. Hamm, Jr. Minn. Stat. § 508.15 requires that persons found in possession of the Land be joined as a party to the proceeding. Evidence must be submitted for the hearing to support a finding in the Decree of Registration as to the names of the occupant(s) of the Land and the nature of their interest, including the term of any lease. If the evidence discloses that any occupant has an interest greater than a lease of 3 years, the Decree must include an appropriate concluding statement in the "subject clause." I recommend Edward H. Hamm, Jr. and any other occupants of the Land as defendants. The Affidavit in Support of Summons must list the names of all occupants of the Land and Applicant should add any additional persons occupying at the time the Affidavit is submitted to the Land Title Summons. 3. Mortgages. No mortgages or financing statements encumber the Land. 4. I note the following encumbrances, defects, and irregularities: A. Construe Legal Description. The land Applicant seeks to register is shown on Attachment A to this Report as the outlined tract. Applicant alleges that the description of the Land in the Deed by which Applicant acquired title, (Abstract entry no. 24) Document No. A6625573, is defective because it does not close along the westerly boundary. Applicant has filed a survey by Arlee Carlson, licensed land surveyor, Sunde Land Surveying, LLC. dated April 7, 2021 ("Survey"), which depicts the land description in Deed Document No. A6625573 and shows the defect. A portion of this survey is copied onto Attachment A to this Report. The defect is marked with yellow. A line running 169.30 feet ends at a dashed north -south line (which is the line dividing the NW1/4 of the SW1/4 in half, exclusive of highway on the east side). Another line in the Deed description ends at said north/south dashed line, but approximately 10 feet north of where the line running 169.30 feet ends. This gap, or failure to close, is corrected by modifications to the historical legal description. The description at Paragraph 1 of this Report adjusts the line running 169.30 feet so that it connects with ki 27-ET-CV-22-66 Filed in District Court State of Minnesota 8/14/2023 2:34 PM the northerly point and closes the gap. The adjustment of the line appears to retract Applicant's line and land area, rather than expanding Applicant's Land. The Description Exhibit by Arlee J. Carlson, licensed land surveyor, Sunde Land Surveying, LLC, dated March 17, 2022 ("Description Exhibit"), filed herein, depicts the corrected legal description. As Applicant alleges, the description in Document No. A6625573 was first used in the Deed from Joseph Chapman, Jr. ("Chapman") and Elizabeth Mayhew Chapman, his spouse, to William Hamm, Jr. and Marie Hersey Hamm (the "Chapman Deed") (Abstract entry no. 1) Book 1643 of Deeds, p. 333, Document No. A2295932. Applicant alleges that the description of the Land at Paragraph 1 is a reasonable resolution of the ambiguities in the description first used in the Chapman Deed. I find that the description at Paragraph 1 meets surveying standards and resolves the closure problem. When an owner seeks to register land, the examiner of titles reviews the legal description of adjoining properties to determine whether the legal description of the land to be registered conflicts or possibly conflicts with the description of adjoining property. The description of the Land does not conflict with the lands on Certificate of Title Nos. 1042450 and 1350021 and does not conflict with the boundary line of the plat of MacMillan Addition. The North and East lines of Applicant's land are quarter section lines, and the description of the Land does not conflict with adjoining lands to the north and east. I cannot determine with certainty whether the description of the Land conflicts with the descriptions used in Deed Doc Nos. A10163238 and A10802370. For that reason, I recommend the following defendants, so there may be a finding that they claim no interest inn the land being registered, other than easement rights described in the Report. Property Owner(s) Encumbrancers 1520 Fox St. Elisabeth J. Dayton Property Id. No. 02-117-23-32- (Document No. A10802370) 0002 1540 Fox St. David C. Weyerhaeuser, as The Northern Trust trustee of the David C. Property Id. No. 02-117-23-32- Company (Document No. 0003 Weyerhaeuser Revocable A10452670) Trust under Agreement dated July 18, 2014 Wells Fargo Bank, N.A. (Document No. A10163238) (Mortgage Document No. A10962332 Applicant should ascertain the names of any other occupants of the above lands and list them in the Affidavit in Support of Summons and include them as defendants in the Land Title Summons. 4 27-ET-CV-22-66 Filed in District Court State of Minnesota 8/14/2023 2:34 PM In addition, Applicant should name the "unknown occupants of (insert address of the land)" as defendants. I recommend that said unknown parties be served by publication. B. Appurtenant Easement. Applicant seeks to register an appurtenant easement over unregistered land pursuant to Minn. Stat. § 508.04, Subd. 2. The easement is included in the land description at paragraph 1 of this Report. The easement being registered generally follows the westerly line of Applicant's Land from Fox Street northerly to the southeast corner of Outlot C, MacMillan Addition and then continues westerly over Outlot C and Lot 2, Block 1, MacMillan Addition, and part of the unplatted land lying southerly of those lots. So there may be a determination that the easement included in the description of the land to be registered benefits the lands being registered by Applicant in this action, I recommend as defendants the record owners and encumbrancers of the servient estate of the appurtenant easement Applicant seeks to register, namely: Property Owner(s) Encumbrancers 1520 Fox St. Elisabeth J. Dayton Property Id. No. 02-117-23-32- (Document No. A10802370). 0002 1540 Fox St. David C. Weyerhaeuser, as The Northern Trust Property Id. No. 02-117-23-32- trustee of the David C. Company 0003 Weyerhaeuser Revocable (Document No. A10452670) Trust under Agreement dated July 18, 2014 Wells Fargo Bank, N.A. (Document No. A10163238) (Mortgage Document No. A10962332 Unassigned Partnership Holdings LLC Property Id. No. 02-117-23-32- (Document No. A10410818) 0008 1560 Fox St. FarView LLC Property Id. No. 02-117-23-32- (Document No. A10411254) 0009 The Applicant should ascertain the names of any other occupants of the servient land and list them in the Affidavit in Support of Summons and name them as defendants in the Land Title Summons. In addition, Applicant should name the "unknown occupants of (insert address of the servient land or the property identification number of the servient land, if no address is assigned)" as defendants. I recommend that said unknown parties be served by publication. W 27-ET-CV-22-66 Filed in District Court State of Minnesota 8/14/2023 2:34 PM The modification of easement filed as Document No. A10563491 was executed by additional parties with rights to use the easement. The current record owners and encumbrancers of these benefitted lands are: Property Owner(s) Encumbrancers 1570 Fox St. The Trustee(s) of the Medina U.S. Bank National Surf Trust u/a 4/26/2019 Property Id. No. 02-117-23-32- Association 0007 (Document No. A10662685) (Document No. Al 1031496) Note: Document recites that Judy Buckley is trustee of The Medina Surf Trust u/a 4/26/2019 1580 Fox St. Partnership Holdings LLC Property Id. No. 02-117-23-12- (Document No. A11081761) 0007 1640 Fox St. Carol G. Brooks and Conley David MacMillan, John H. Property Id. No. 03-117-23-14- Brooks Jr. MacMillan IV, and Kate M. 0004 (Document Nos. A8727962 Reed and A10297960) (Right of First Refusal Document No. A8727963) Unassigned Partnership Holdings LLC Property Id. Nos. 02-117-23- (Certificate of Title No. 23-0008,03-117-23-41-0006 1463093) and 03-117-23-14-0001 Applicant should also ascertain whether any other parties use the private driveway (excluding guests) and name them as defendants. Applicant should ascertain the names of any other occupants of the benefitted lands and name them as defendants. In addition, Applicant should name the "unknown occupants of (insert address, of the benefitted land or the property identification number of the benefitted land, if no address is assigned)" as defendants. I recommend that said unknown parties be served by publication. I recommend the above -named parties as defendants for the purpose of an adjudication of the Applicant's claim to this appurtenant easement. C. Land is subject to Easement Document No. A1579568. The Land is also subject to the easement discussed at Paragraph 4 (B). The "subject to" clause of the Decree of Registration should contain the following concluding statement: 6 27-ET-CV-22-66 Filed in District Court State of Minnesota 8/14/2023 2:34 PM To a non-exclusive easement for driveway purposes over under and across part of the Northwest Quarter of the Southwest Quarter of Section 2, Township 17, Range 23 as described in the Private Road Agreement recorded January 14, 1930, as Document No. A1579568 and amended in the Agreement Regarding Correction of Easement Legal Description recorded June 19, 2018, as Document Nos. A10563491 and T5538418. The parties benefitting from this easement are the same persons named as defendants at Paragraph 4 B. of this Report. I again recommend them as defendants, without re -stating the names. D. Easement Document No. A2295932 over registered lands. Applicant asserts that the land being registered is benefitted by an easement over registered lands. This easement also burdens Applicant's land. The centerline of this 16 foot wide driveway easement is the same as the westerly line of Applicant's land from the most southerly point heading northerly to Fox Street. The servient estate for the westerly half of this easement is already registered, as shown on Certificate of Title Nos. 1350021 and 1042450. Both certificates include a recital showing they are subject to the easement, as follows, but the recitals do not identify the benefitted lands; Subject to an easement for driveway purposes over that part of the above -described premises lying Northerly and Easterly of a line and its extension drawn parallel with and 8 feet distant Southerly and Westerly from the line between Point A and Point B measured at right angles and radially to said line between Point A and Point B as contained in instrument recorded in CR Book 1643 of Deeds, page 333, Doc. No. 2295932. So there may be a determination that the easement in Document No. 2295932 over the lands on Certificate of Title Nos. 1350021 and 1042450 benefits the lands being registered by Applicant in this action, I recommend the owners and encumbrancers and occupants of the burdened lands as defendants, as follows: Property Owner(s) Encumbrancers 1465 Fox St. Stephen J. Fields and Sara Bell Bank Property Id. No. 02-117-23- H. Cotton (Mortgage Document Nos. 33-0002 (Certificate of Title No. T5681426 and T5689287) 1350021) 1485 Fox St. William P. Henneman and BankVista Property Id. No. 02-117-23- Andrea B. Henneman (Mortgage Document No. 33-0001 (Certificate of Title No. T5784876) 1042450) Stifel Bank & Trust 27-ET-CV-22-66 Filed in District Court State of Minnesota 8/14/2023 2:34 PM (Mortgage Document No. T5899414) Alerus Financial, N.A. (Document No. T5911816) Applicant should ascertain whether any other parties use the private driveway (excluding guests) and name them as defendants. The Applicant should also ascertain the names of any other occupants of the above lands, and name them as defendants. In addition, Applicant should name the "unknown occupants of (insert address of servient estate)" as defendants. I recommend that said unknown occupants be served by publication. Assuming the evidence supports this determination, the following recital should be inserted in the Decree of Registration immediately following the land description therein: Together with a non-exclusive easement for driveway purposes over that part of Government Lot 4, Section 2, Township 117, Range 23 lying Northerly and Easterly of a line and its extension drawn parallel with and 8 feet distant Southerly and Westerly from the line between Point A and Point B measured at right angles and radially to said line between Point A and Point B as contained in instrument recorded in CR Book 1643 of Deeds, page 333, Doc. No. 2295932; (See Order Doc. No. _(Registrar to insert Doc. No. assigned to this Decree)) Additionally, the Decree of Registration should contain the following Order: The Registrar shall file this Decree of Registration as a memorial on the land described in Certificate of Title Nos. 1350021 and 1042450 and in future Certificates of Title, the recital below shall be amended to add the italicized language as follows, and the memorial of the Decree of Registration omitted: Subject to an easement for driveway purposes over that part of the above -described premises lying Northerly and Easterly of a line and its extension drawn parallel with and 8 feet distant Southerly and Westerly from the line between Point A and Point B measured at right angles and radially to said line between Point A and Point B as contained in instrument recorded in CR Book 1643 of Deeds, page 333, Doc. No. 2295932; (Also see Order Doc. No. (Registrar to insert Doc. No. assigned to this Decree) determining easement is appurtenant to certain lands.) I note for clarity that Points A and B are defined in Document No. A2295932 and Point B is not the same as Point B at Paragraph 1 (description of Applicant's Land.). 27-ET-CV-22-66 Filed in District Court State of Minnesota 8/14/2023 2:34 PM As alleged in the Application, Applicant's land is also subject to the easement in Document No. A2295932. Therefore, the "subject to" clause of the Decree of Registration should contain the following concluding statement: Subject to a non-exclusive easement for driveway purposes over that part of the above - described Government Lot 4, Section 2, Township 117, Range 23 lying Southerly and Westerly of a line and its extension drawn parallel with and 8 feet distant Northerly and Easterly from the line between Point A and Point B measured at right angles and radially to said line between Point A and Point B as contained in instrument recorded in CR Book 1643 of Deeds, page 333, Doc. No. 2295932. The parties with rights to use this easement have already been identified and made defendants in this Paragraph. E. Easement Document No. A747628. The Application states the Applicant's land is subject to an Easement Agreement dated February 28, 2001, filed May 21, 2001, as Document No. A7474628 (Abstract entry no. 28). In this document, Applicant granted another easement that burdens the portion of the Land in Government Lot 4 in essentially the same area as the easement Document No. A2295932. The "subject to" clause of the Decree of Registration should contain the following concluding statement: To an easement for driveway purposes over part of Government Lot 4 as described in Easement Agreement filed May 21, 2001, as Document No. A7474628. The benefitted lands are defined in the easement as Lots 1 and 2, Block 1; Lot 1, Block 2; and Outlot C all in MacMillan Addition, and that part of the NE1/4 of the SE1/4 of sec 3-117-23 except that part embraced within MacMillan Addition. I recommend the owners and encumbrancers of the following benefitted lands as defendants: Property Owner Encumbrancer 1560 Fox St. FarView LLC Property Id. No. 02-117-23-32- (Document No. A10411254) 0009 Lot 2, Block 1 1580 Fox St. Partnership Holdings LLC Property Id. No. 02-117-23-12- (Document No. A11081761) 0007 Lot 1, Block 2 1620 Fox St. Craigbank Holdino, LLC Property Id. No. 02-117-23-23- (Document No. A10410799) 0008 Lot 1, Block 1 27-ET-CV-22-66 Filed in District Court State of Minnesota 8/14/2023 2:34 PM Unassigned Partnership Holdings LLC Property Id. No. 02-117-23-32- (Document No. A10410818) 0008 Outlot C 1700 Fox St. Craigbank Holdings, LLC Property Id. No. 03-117-23-41- (Document No. A9500605) 0007 Pt. of NE/SE Section 3-117-23 Applicant should ascertain whether any other parties use the private driveway (excluding guests) and name them as defendants. The Applicant should also ascertain the names of any other occupants of the above lands, and name them as defendants. In addition, Applicant should name the "unknown occupants of (insert address of servient estate)" as defendants. I recommend that said unknown occupants be served by publication. F. Other easements. Several documents in Applicant's chain of title and for adjoining lands contained grants or reservations of driveway easements with non-specific legal descriptions for the easement. See, for example, the deeds in Book 621 of Deeds, pp. 536 and 537, Book 1130 of Deeds, page 9, Book 1095 of Deeds, page 592, Book 1292 of Deeds, pp. 554 and 557, Book 2376 of Deeds, page 586. The road and driveways that appear on the Survey and that are noted on the County Surveyor's Report are addressed in this Report. It is likely that the non-specific easements were later defined and recorded and are noted in this Report. However, so there may be evidence to support a finding in the Decree of Registration that any easements not noted in concluding statements in this Report have terminated by agreement or abandonment, I again recommend the parties listed as defendants in Paragraphs 4 B, C, D and E as defendants. G. Fox Street. The Survey and Description Exhibit show the Land is bisected by a 66 foot right of way for Fox Street. The center line of the right of way is the north line of Government Lot 4 which is also the south line of the NW 1/4 SW 1/4. The southerly 33 feet of that right of way was platted as 3rd Ave. in the plat of Orono. The plat of Orono was vacated in the Final Decree recorded June 7, 1899, in Book 80 of Misc. p. 307, Document No. A294029, but the vacation excepted this right of way. Therefore, the northerly 33 feet of the portion of Government Lot 4 included in Applicant's Land remains dedicated to the public as a road. No document of record establishes any other right of way for Fox Street. Past half section maps have labeled a road in the location of Fox Street as a Town Road. By statute, all registered lands are subject to public highways that are open and in use. There should 10 27-ET-CV-22-66 Filed in District Court State of Minnesota 8/14/2023 2:34 PM be evidence at the hearing to support a finding in the Decree that Fox Street, where it crosses Applicant's Land, is open and in use as a public road. To address the dedication of land for public road in the plat of Orono, the "subject clause" of the Decree should contain the following concluding statement (or a revised concluding statement depending on the evidence presented): To an easement for public road purposes over the north 33 feet of above -described part of Government Lot 4, dedicated as 3rd Ave. in the plat of Orono; now known as Fox Street, per Decree of Registration Doc. No. (Registrar to insert Doc. No. assigned to Decree). I recommend the City of Orono as a defendant. If the parties enter into a stipulation to further define public rights of way over the Land, or record documents conveying interests, the above concluding statement should be revised. H. Orchard Road, The Survey and Description Exhibit show a 33 foot right of way for Orono Orchard Rd. S. along the entire easterly boundary of the property. The portion of that right of way lying in Government Lot 4 (south of Fox St.) was dedicated in the plat of Orono as Brackett Avenue. The vacation of the plat of Orono in the Final Decree recorded June 7, 1899, in Book 80 of Misc., p. 307, Document No. A294029 also excepted this right of way. There is no dedication of a road or record of a road easement for Orono Orchard Rd. over the portion of the Land lying north of Fox St.. A corresponding 33 foot right of way over a part of the property adjoining to the east was dedicated in the plat of Blue Hill as Orono Orchard Rd. S. and in the plat of Minnetonka Bluffs as Booth Avenue. The plat of Minnetonka Bluffs shows a right of way over the easterly 33 feet of the Land adjoining the plat. That plat did not, however, include the Land. No document of record establishes any other right of way for Orono Orchard Rd. S. By statute, all registered lands are subject to public highways that are open and in use. See Minn. Stat. §508.35. To address the portion of said road dedicated in the plat of Orono, the "subject clause" of the Decree should contain the following concluding statement (or a revised concluding statement depending on the evidence presented): To an easement for public road purposes over the east 33 feet of above -described part of Government Lot 4, dedicated as Brackett Ave. in the plat of Orono; now known as Orono Orchard Road South, per Decree of Registration Doc. No. (Registrar to insert Doc. No. assigned to Decree). 11 27-ET-CV-22-66 Filed in District Court State of Minnesota 8/14/2023 2:34 PM I again recommend the City of Orono as a defendant. If the parties enter into a stipulation to further define public rights of way over the Land, or record documents conveying interests, the above concluding statement should be revised. I. Notice of Lis Pendens Document No. A6735487. In the Application, Applicant notes that the title insurance commitment for the Land that it obtained includes an exception for a Notice of Lis Pendens (Abstract entry no. 25) filed May 20, 1997, as Document No. A6735487, but alleges that the Land is not affected by the Notice of Lis Pendens. I agree with Applicant's allegation, and therefore recommend nothing further in connection with the Notice of Lis Pendens. J. Wetland/Pond. The Survey filed by Applicant depicts a wetland or pond in the northeast and northwest section of the Land. The Survey labels this area "Cattails." The adjoining plats of Orono Orchard Hill and Smith Dettloff Addition labels the area immediately adjoining the area in the northeast labeled "Cattails" on the Survey as wetland. The Applicant also provided a copy of a title commitment that it obtained which also notes the existence of the wetland or pond. The State of Minnesota owns the bed of certain waters below the low-water mark in trust for public uses. See State by Head v. Slotness, 289 Minn. 485, 486, 185 N.W.2d 530, 532 (1971). It is unclear whether the area depicted as "Cattails" on the Survey is one where the State of Minnesota may claim title. So there may be evidence to support a finding in the Decree of Registration as to whether the State has any rights in the land being registered, I recommend the State of Minnesota as a defendant. K. Certificate of Trust Document No. A7285794. To reflect a Certificate of Trust, (Abstract entry no. 26) dated April 12, 2000, recorded April 14, 2000, as Document No. A7285794, the Decree of Registration must contain the following concluding statement in the "subject to" clause of the Decree: To a Certificate of Trust for the Amendment and Restatement of the Trust of Edward H. Hamm dated April 12, 2000, recorded April 14, 2000, as Document No. A7285794. I recommend no additional defendants. 12 27-ET-CV-22-66 Filed in District Court State of Minnesota 8/14/2023 2:34 PM L. Declaration of Subdivision Covenants Document No. A7285795. Applicant filed a Declaration of Subdivision Covenants (Abstract entry no. 27) dated July 9, 1999, recorded April 14, 2000, as Document No. A7285795, imposing various restrictions on the Land. To reflect the Declaration of Subdivision Covenants dated July 9, 1999, recorded April 14, 2000, as Document No. A7285795, the Decree of Registration must contain the following concluding statement in the "subject to" clause of the Decree: To a Declaration of Subdivision Covenants, dated July 9, 1999, recorded April 14, 2000, as Document No. A7285795. I again recommend the City of Orono as a defendant. M. Resolution Document No. A8287776. To reflect a Resolution Granting a Conditional Use Permit, (Abstract entry no. 29) dated July 28, 2003, recorded February 5, 2004, as Document No. A8287776, the Decree of Registration must contain the following concluding statement in the "subject to" clause of the Decree: To a Resolution Granting a Conditional Use Permit, dated July 28, 2003, recorded February 5, 2004, as Document No. A8287776. I again recommend the City of Orono as a defendant. N. Resolution Document No. A8327496. To reflect a Resolution Granting a Variance, (Abstract entry no. 30) dated April 14, 2003, recorded April 7, 2004, as Document No. A8327496, the Decree of Registration must contain the following concluding statement in the "subject to" clause of the Decree: To a Resolution Granting a Variance, dated April 14, 2003, recorded April 7, 2004, as Document No. A8327496. I again recommend the City of Orono as a defendant. O. Resolution Document No. A8327497. To reflect a Resolution Granting a Conditional Use Permit, (Abstract entry no. 31) dated May 12, 2003, recorded April 7, 2004, as Document No. A8327497, the Decree of Registration must contain the following concluding statemert in the "subject to" clause of the Decree: 13 27-ET-CV-22-66 Filed in District Court State of Minnesota 8/14/2023 2:34 PM To a Resolution Granting a Conditional Use Permit, May 12, 2003, recorded April 7, 2004, as Document No. A8327497. I again recommend the City of Orono as a defendant. P. Resolution, Document No. A8327498. To reflect a Resolution Granting Approval for Sewer Connection, dated May 12, 2003, recorded April 7, 2004, as Document No. A8327498, the Decree of Registration must contain the following concluding statement in the "subject to" clause of the Decree: To a Resolution Granting a Conditional Use Permit, May 12, 2003, recorded April 7, 2004, as Document No. A8327498. I again recommend the City of Orono as a defendant. Q. Encroachments - County Surveyor's Report. The County Surveyor's Report on file herein notes the following possible encroachments, and includes a diagram depicting the locations. The possible encroachments are: 1) A 5 foot wire fence along the easterly boundary of the Land northerly of Fox Street may encroach on the Land. A 6 foot wire fence along the easterly boundary south of Fox Street may also encroach. Orono Orchard Road S. adjoins the fences to the east. There should be evidence at the hearing to support a finding in the Decree as to who maintains the fences, whether or not they encroach on Applicant's land, and if they encroach, whether the encroachment exists as a matter of right or merely at sufferance. If such encroachments exist as a matter of right, an appropriate concluding statement must be added to the "subject clause" of the Decree. I again recommend the City of Orono as a defendant. 2) A call box located north of Fox Street on the easterly boundary of the Land possibly encroaches. I assume there will be evidence at the hearing to support a finding in the Decree as to who maintains the call box, and whether any encroachment exists as a matter of right or merely at sufferance. If an encroachment exists as a matter of right, an appropriate concluding statement must be added to the "subject clause" of the Decree. 14 27-ET-CV-22-66 Filed in District Court State of Minnesota 8/14/2023 2:34 PM The Applicant should determine who maintains the call box and include them as a defendant. 3) Overhead power lines and power poles located along the northerly line of the Land, the easterly line (south of Fox Street), and the northerly line of Fox Street possibly encroach on the Land. An electricity riser is also located on the easterly line south of Fox Street. I assume there will be evidence at the hearing to support a finding in the Decree of Registration as to who maintains the wires, poles, and riser, and if any of these encroach, whether the encroachment exists as a matter of right or merely at sufferance. If an encroachment exists as a matter of right, an appropriate concluding statement must be added to the "subject clause" of the Decree. I recommend Northern States Power Company as a defendant. The Applicant should also include as defendants any other parties maintaining the electrical components and include them as a defendant. 4) A gravel drive commencing at Orono Orchard Road South and traveling along the westerly and southerly boundary line of the Land to Fox Street. This driveway is within the easement that was addressed in previous paragraphs and is mentioned here for completeness only. 5) A 15 foot bituminous drive way commencing at Fox Street and traveling northerly and westerly along the westerly and southerly line of the Land encroaches on the Land. This driveway is within the easement that was addressed in previous paragraphs and is mentioned here for completeness only. 6) An 18 inch corrugated metal pipe crosses underneath the 15 foot bituminous driveway and concrete sump structures lie on either side of the 15 foot bituminous drive where the Land adjoins 1520 Fox Street. A concrete valley gutter runs along a portion of the 15 foot bituminous drive. I assume there will be evidence at the hearing to support a finding in the Decree as to who maintains said 18 inch corrugated metal pipe, concrete sump structures, and concrete valley gutter, and whether said metal pipe, concrete sump structures, and concrete valley gutter encroach upon the Land as a matter of right or merely at sufferance. If such encroachments exist as a matter of right, an appropriate concluding statement must be added to the "subject clause" of the Decree. I again recommend Elisabeth J. Dayton; David C. Weyerhaeuser, as trustee of the David C. Weyerhaeuser Revocable Trust under Agreement dated July 18, 2014; Wells Fargo Bank, N.A.; and the occupants of the land identified as 1520 Fox St. and 1540 Fox 15 27-ET-CV-22-66 Filed in District Court State of Minnesota 8/14/2023 2:34 PM St.; together with anyone else Applicant knows maintains the pipe, sump structures, and u tter, as defendants. 7) Seven mailboxes possibly encroach on the Land along the 15 foot bituminous drive described above. I assume there will be evidence at the hearing to support a finding in the Decree as to who maintains the seven mailboxes along the I S foot bituminous drive, and if they encroach whether said mailboxes encroach upon the Land as a matter of right or merely at sufferance. If such encroachments exist as a matter of right, an appropriate concluding statement must be added to the "subject clause" of the Decree. The Applicant should ascertain the names of anyone that owns and maintains the mailboxes and include them as defendants. 8) A barbed wire fence along the northerly pant of the westerly boundary may encroach on the Land. I assume there will be evidence at the hearing to support a finding in the Decree as to who maintains the barbed wire fence and whether said fence encroaches upon. the Land as a matter of right or merely at sufferance. If an encroachment exist as a matter of right, an appropriate concluding statement must be added to the "subject clause" of the Decree. I again recommend Partnership Holdings LLC, and the occupants of the land identified as 1580 Fox St., as defendants. The Applicant should also ascertain the names of anyone else that owns and maintains the fence and include them as defendants. 5. That the parties defendant in said cause should be: • Edward H. Hamm, Jr. • See Paragraph 2 as to occupants of the Land • Elisabeth J. Dayton • David C. Weyerhaeuser, as trustee of the David C. Weyerhaeuser Revocable Trust under Agreement dated July 18, 2014 • The Northern Trust Company • Wells Fargo Bank, N.A. • See Paragraph 4(A) as to occupants • Partnership Holdings LLC • FarView LLC • The Trustee(s) of the Medina Surf Trust u/a 4/26/2019 • U.S. Bank National Association • Carol G. Brooks iC 27-ET-CV-22-66 Filed in District Court State of Minnesota 8/14/2023 2:34 PM • Conley Brooks Jr. • David MacMillan • John H. MacMillan IV • Kate M. Reed • See Paragraph 4(B) as to occupants and parties using easement • Stephen J. Fields • Sara H. Cotton • Bell Bank • William P. Henneman • Andrea B. Henneman • BankVista • Stifel Bank & Trust • Alerus Financial, N.A. • See Paragraph 4(D) as to occupants and parties using easement • Craigbank Holdings, LLC • See Paragraph 4(E) as to occupants and parties using easement • City of Orono • State of Minnesota • Northern States Power Company • See Section 4(Q) as to occupants and owners and users ofpossible encroachments "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." 6. That all the material allegations contained in the Application are substantially true, as herein stated, except as hereinbefore found that the Applicant is entitled to the relief prayed for upon correcting the irregularities and defects above -named. 17 27-ET-CV-22-66 Filed in District Court State of Minnesota 8/14/2023 2:34 PM Respectfully submitted, August 14, 2023 Susan T. Ledray, Examiner of Titles By: Paul W. Fahning, Deputy Examiner of Title MEMORANDUM TO APPLICANT: If you have determined that a defendant recommended in the Report of Examiner is deceased name any known heirs of the deceased defendant as defendants, and complete and attach the Affidavit in Support of Summons to your Petition and Order for Summons. If the Report of Examiner requires Applicant to ascertain the name of the party/parties maintaining utilities, or other possible encroachments, determine their names and include them in the Affidavit in Support of Summons. 18 27-ET-CV-22-66 Filed in District Court State of Minnesota 8/14/2023 2:34 PM s82.4I'ou rrT— 66.32 [S53°5PNI S83°35'59 33.68 ATTACHMENT A to Report of Examiner 19 \N\ r"+