HomeMy WebLinkAbout1991-09-03 Letter, Review of Property FilesjBnwrW.LMtfUT
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B aiumia Zmoio Aauev
Lambert & Boeder
A tiormys A tLaw
lUUOSuruMiBMUVARO
WAYXATA.MMCiaTA S3391
(612) 475-3433
Tojconex (612) 475-0301
CARTUDlLAfTTU
KojjrlLLom
Mary K Uvttww
OCouw.
CowuM D. Lyhcr
ItaMAiAludO
S«ptembet 3. 1991
City of Orono
p. O. Box 66
Cryital Bay* MN S5323
Bo'; 3020 cateo Point Road* Wayzata, Minnesota SS391
City of Orono Rvaolution No. 2869
Dear Blr/Madam:
Pursuant to your direction in the abovo-roforoncod
resolution* 1 have examined ' a registered property abstract
prepared by Universal Title Insurance Company, dated August 20*
1991* at 7:00 a.n.* consisting of four pages and three
exhibits. My examination of said registered property abstract
indicates that on the date and hour above stated there vas
outstanding in the Office of the^ Registrar of Titles fo^
Hennepin County* Minnesota* Certificate of Title No. 705574,
showing record title in fee simple absolute to the following
described property situated in Hennepin County. Minnesota*
to-wit:
Tract T. Registered Land Survey No. 461* Files of Registrar
of Titles. County of Hennepin*
stood in the name of Delorls Braun, also known
Braun* an undivided 1/2 interest, and Ronald
undivided 1/2 interest, subject to the following:
as Delores
Braun, an
1. The inchoate interes
l■eccied to Ronald Braun.
of Carol A. Braun* who is
2. A Mortgage in favor of The Farmers and Mechanics
savings Bank of Minneapolis (a Minnesota corporation), in the
original amount of $40*000.00* dated May 10* 1976* and filed
for record on Nay 18* 1978. as Document No. 1273244.
3. A Contract for Deed in favor of Carol J. Kelly. In the
original amount of $200,000.00. dated April 15. 1983* and filed
for record on April 20. 1983. as Document No. 1S09925.
4 A MAehAilie't Ll«n 8tat#ia*nt in favor of Ron Kruoger &
iniarJanuRcy 22# 1991# is Docuinint No* 2150066 in tbo iisount of
t6«006.94.
5. Building ristriotions eontainid in Deed Doeuaent No.
478966 IS referred to in Deed Doeunent No. 524728# files of
Registrar of Titles. This item appeara as a recital to the
Certificate of Title.
6. A bankruptcy filing by Dolores Braun# docketed July
20, 1980# as Case Number 4->88BK2834.
7. The 1991 taxes of $5# 136.88 are ehe-half unpaid. The
fee has been assigned: Plat: 43088: Nunicipality: 38-Orono:
I.D. NO. 20>I17-23-34-0020. £oc tax purposes. Homestead.
8. ‘ A special assessment search attached to the Registered
Property Abstract indicates that , special assessments now
payable are as follows: Levy No.*. 12029; Del. Utilities;
Beginning year - 1991: Number of years - 1; Number of years
remaining - 0; Annual principal - $564.43; Balance after
payment > $0.00.
The special assessment search indicates that there are
no pending assessments.
9. The Registrar of Titles reports that the Owners
Duplicate Certificate of Title #705574 is at the Registrar's
office.
10. Those metters not shown by the abstract of title and
the records referred to therein. All matters not so shown are
excepted from this title opinion and include:
a. The rights and claims of persons in possession other
than the record owner;
b. Natters which an accurate survey of the premises would
disclose;
c. The lien of unpaid installments of special assessments#
If any# not yet due but payable in the future;
d. Mechanic's lien claims, if any. where no notice thereof
appears of record:
e. Building, zoning and platting ordinances.
11. The following statutory exceptions which appear on the
Certificate of Title:
M Lians elaias or rights arising undsr ths laws ot tho
constitution o£ the United states, which the statutes of
this state cannot require to appear of record.
h nnv tax or special assessments for which a sale of the
und^. “t mm Md at th. d.t. of tM CrtlflMt. of
Title.
0 \nv lease for a period not exceeding three years when
there"is actual occupation of the premises under the lease.
d. All tights in public highways upon the land.
s. such right of appeal or right to appear and contest tho
application ae is allowed by law.
#
£ The rights of any person in possession under deed or
SintMCt for 0..d fti» th. own.r of th. C.ttific.to of
Title.
g. Any outstanding mechanic’s lien rights which may exist
under section 514.01 to 514.17.
csrtElfi to which wo connot cortifys
about^^whlch the purchaser of real property should
inquiry, some of these may be iul IKSdardof the premises. Attached hereto as Exhibit A is our standard
list of exceptions to this title opinion,
Very truly youre.
XJ4MBERT & BOEDER
mbert
JWL/leg
Enclosure
PYHIHIT /i
You are charied with notice of the rlghtt of anyone In pmnlon.
SSlSect thTp^^ for any evidence of uae or potteuloinv «trangera or
IdS^ng^^ty vmm of roads, private driveways, dralnase ditches, encroaching
btdMings or fences.
hflundarles. Any ouesilon as to location of boundary lines, encroachments,
^StmwSoc r^ted matters can be determined only by a proper survey.
Mechantc*a Liens. Claims of Hens for labor or material fionlshed fw tto
[mwSmentofthe premises need not be filed until 120 days afw
Therefore, a Hen for recently completed w^ may not •■*”“*** jj
oftitle upon which our title opinion tewithin the last 120 days? If so. you should be furnished with satisfactory evidence
that these items have been paid for.
ftnrtinancM. Do the municipal, township or county regulation pet^mlt use of
SS^SpSyfS^ puiposes? What are the building setback requirements?
P#f«nrMii Preoeriv . 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.
Water Bills. Ascertain from the Water Department whether the water bills have
been paid, and have transfer made on their records.
Water. If private well Is used, has water been tested and capacity of well checked?
Public Improvements . Inquire as to existing municipal, township or county
improvements serving the properly.
Hnmeatead Tanr Asseasment. If you are to occupy property as a home, mal«
aPDllcatlon to the assessor of the municipality In which the property Is located
bS'ore next January lit or June 1st, whichever first occurs after your closing, for
full or partial homestead rate.
ganitarv PaciliHea. la 1 aanltary fewer line available? If not, what Is the condition
of the on-tSl-!ot sanitary facility? Is the surface w«er and shallow
table at an elevation which could affect the operation of the on-th^lot facility?
Have there been problems of pumping and maintenance of the septic tank?
Conditions . Are there surface water problems In the area? Is the soil of good
quality to support the foundation of contemplated structures? Are soli tests
available?
inir^
•r«n^ »
pnrr<Hii?
Joseph E. Br<’
OeLoris W.jnd and wife
e U\m 01111 Monies Soylngs
MORTGAGE
Dated: May 10, 1978 Recorded: May 18, 1978
Document No. 1273244
Amount: $40,000.00Dye 0fi(I PayaDie: nayi, poo8
egai: Tiiat part of Tract I. Reolstnreil LaBank of Minneapolis,
a Minnesota corporation Survey No. 461, Files of Registrar of Titles,
County of Hennepin lying Northwesterly of the
followiriy described line: Commencing at the most Westerly corner of said tract;
thence Southeasterly along the Southwesterly line of said tract a distance of
146.63 feet to the point of beginning of the line being described: thence
Northeasterly, deflecting left 108 degrees 12 minutes from a line tangent to said
Southwesterly line at said point of beginning, to the.Northeasterly line of said
tract, and there ending, and situate in hennepln County. Minnesota.
Mortgagee's Duplicate Certificate No. 566182 was Issued, to The Farmers and Mechanics
Savings Bank of Minneapolis.
Joseph E.~ Braun and
Delores Braun, husband and wife
Carol J. Kelly
CONTRACT .FOR DEED
Dated: April 15, 1983
Recorded: April 20, 1983
Document No. 1509925
(See Exhibit C)
Ron Krueger 6 Associates, Inc.,
a Minnesota corporation by
Amanda Kratz, Agent
Deloris Draun/Ronald Braun
and Carol J. Kelly
MECHANIC'S LIEN
Dated: January 18, 1991
Recorded: January 22, 1991
Document No. 2150066
Amount: $C006.94
Date of first item: March 14, 1990
Date of last item: November 5, 1990
Legal: 3020 Casco Point Road
Tract T Registered Land Survey Number 461
Hennepin County, Minnesota
That no probate, guardianship, or Incompetency proceedings appear on record in the office
of the Clerk of the Probate Court, Hennepin County, Minnesota, as to the Registered owner
or any parlies Joining with said Registered owner in any mortgages shown above within the
last ten years or since the date of original registration. If later, except as follows;
That thare are no aasawnts for uUUty, dralnaje. or other purposes within the
of iwld promises according to the recorded or registered plat thereof a if said premlsej are
platted, except as follows:
None
That wit .In the last ten years, or since the date of originalBankruptcy proceedings and no Notices of Internal Revenue Tax Liens appear* docketM in the
United States District Court. District of Minnesota. Fourtli Division: and no unreleased
Notices of Internal Revenue Tax Liens appear recorded in the office of the R^lstrar or
Titles. Hennepin County, Minnesota, against any of the registered owners of the aDove
premises during said ten years, or since the date of original registration, if later, or
against parties, if any. joining with the registered owner in the mortgage oi n^^rtg^.ges
shown above except as follows: ALSO included, unreleased Notices of State Tax Liens on
file in the Office of County Recorder. Hennepin County, Minnesota and unsatlsflM
Judgments‘in favor of the State of Minnesota which are docketed in District Court, Fourth
Judicial District, Hennepin County, Minnesota.
See Bankruptcy attached
mat according to tho General Tax Books of said County, the Real Estate Taxes for the
above described pr appear as follows:
Taxes due and payable in the year 1990 and prior years are paid in full.
Taxes due and payable in the year 1991 In the amount of $5,136.88 are one-half
paid, one-half unpaid
Assessed in: Josepti E. Braun, et al as homestead
laxpayer: Carol J. KellyPlat: 43088 Parcel: — Municipality: 38-Orono
Property ID. 20 117 23 34 0020
3033-3A(10/90) .5M Page 3 of 4 page Abstract
Tr«ni£«r fro. Not 5661B2 & 566183 Originally regittarad tha Uth day of Octobar
At Da 1937 Volu*« 196 61799
REGISTRATIONStm < HHaon
TMl b lo CHtily HmI Iblotli »•««. *lio •• »«lor«« *n onJlvU«d 1/2 InttrMt. 2501 Dr«»J*n Un«. City o( Go ! c
c,«o.y of iu.~,io. ...» 0. HI....... ..a. ..~id or.... •« 1/* >”»
Stata of Gaorgla
St«t« of Mlnnoteta. to wit:
Tract T. Raglat.rad Land Survay No. 461. Fllea Registrar of Titles. County of Hennepin.
■ A 4 Tinr^ Nrt 47896B ss referred to in deed Doc. No. 524728. Files of Registrar ofSubject to building restrictions contained In deed Doc.No. 478968 as reterrea to
Tltlas;
Subioct to the oncumbrancos, lions and intoroit noted by the memorial onderwriMen or endorsed hereon; and sobjeet to the
rlgl... « .»bri..h.9, .. p.<«Ul.d in .b. .« "An ... ~n.«nln9 'J*' ^
.nd Ih. M.U <d tb. l.«« of lb. SI... .1 Mlnn.»U l« A. y..r IMS, .nd lb. .n»ndm.n.. tb...rf, n.nM,V
u... ~ .I.M. ..w.. ..a.. - a» “"»«■ “«••• ''“‘.VV.n » 21’
l y-n. -1-" >• •'""
4. All riibla In public highway* upoM lha lend.
*. ihTrieS •' •* •’
7. Any auttlondlng machanlc* Han right* which moy aalil under cectlon* 514.01 la 514.17.
th.. ... ..id D.1..1. B„... .1- D.I.... ...... 1. ‘k. .1 5» y..... 1. ."■—.a ..a i. ..a.. ». a...b.ii.,; ..a .h.. .n.
- __ , —W.I aV Rr*’un and in undt^r no dlsflblllcv.said Uonald Hrawin is o£ the ago of 37 yoota, ii> niar*.iud . ^ ^
IN WITNESS WHEREOF, I have hereunto tubteribed my nemo and affixed the leal of my office
,h Se\ teenth dey of Auguet 1987
R. Dan Carlson
couc.MEMORIAL
Raghlrar of Tiliot,
In and for the County of Hennepin end Stele of Minnesote.
OtPUTY
OF KTATK. EAStMENTS OR CHARGES ON THE UNO DiSCRISED IN THE CERTIHCATt OS TITli HERETO AnACHia
document
NUMtER
r
1273244
KINO OP
INSTRUMENT
Mortsase
Contract
for
DATS orINATWUMCNT
Month loeyl V8«f
May 10 1978
the £ol dese
line of ed t
thence NKlVi
DATE OF REGISTRATION
Month |Oey i Year
May 18 1978
line: Com at
act a diet o
deflecting 1
146.63 f
ift 108M?
beginningi to the NEly 11 la of sd
Hour
11:15 1 ?*tuuuu.uu I 1^11 v»»«»w KW ..i:- -- - - - - - - - - -—-
the mosTwiy cor of said tract; thence SEly along the SWly
AMOUNT
$40000.00
RUNNING IN FAVOR OF
The Farmers and Mechanics Savings
Bank of Minneapolis. Minneapolis. MN
On that pt of Tract T lying NNly of
c CO Che pc o
* from a line
ract and ther
: beginning of the line being descrlbi d;
tangent to sd SWly line at sd pt of
! ending.
Mortgagee's Duplicate No. 566182
Issued to holder of Mtge Doc No
1273244 May 18 1978
Carol J. Kelly
3020 Casco Point Kd
yfavzat^* Minn
SIGNATURE OF
DEPUTY REGISTRAR
SEE OVER
Vh
‘' 'if-
4K 705'
UMB.236*
rTATE of Mil
COUNTY of f
RLS
A. D. 1937 Volune 196
REGISTRATION
Page 61799
m K UmmK
•OMY il HDIINi
hit it to certify IImI Jims L. Maaacy« 3030 Casco Point Roadi City of Oronoi County of Hennepin, State of Minnetots
It now tho ownor(t) of on oitoto in foo timpio of and in tho following described lend situoled in the County of Hennepin and
itato of Minnesota, to wit:
e
Tract U» Registered Land Survey No« A61t Files of Registrar of Titles* County of Hennepin.
Subject to building restrictions contained in deed Doc. No. 478968 as referred to in deed Doc. No. 524728, Files of Registrar
of Titles;
Subject to the uncumbrences, liens and interest noted by the memorial underwritten or endorsed hereon; and subject to the
ollowing rights or encumbrances subsisting, as provided in the twenty-fourth section of''Am act concerning the registration of land
ind the title thereto" of the General laws of the State of Minnesota for the year 1905, and ttiu amendments thereof, namely:
1. Lisfii, cioimt sr rluhft orltlng undsr ths lows or iKo contlltutioa of Iho Unllod Slotsti which ths ilatutss of thli ttolo conoat rti|ulrt to eppoor of rocord.
S. IK# Hon of ony tool proporty tax or tpoclol yitoitmonl for which tho lond hot not boon told ol tho doto of tho cortlflcoto of tills.
3. Any loots for o porlod not oxcooding throo yoort* whon thoro It octuol occupollon of tho promiiot undor tho loots.
4. All righli In public highways upon tho land.
5. Such right of oppool or right to oppoor ond contott Iho oppllcotion at it ollowod by low.
a. Tho rights of ony porton in pottottlon undor dood or coniroct for dood from iho ownor of tho corfificolo of litlo.
7. Any oultlondlng mochonict lion rights which moy oxlit undor locllont 514.01 to 514.17. ^
That the said James L. Massey is of the age of 30 years, is unmarried and is under no disability.
gi.TS»^
1
f
IN WITNESS WHEREOF, I have lierounto subscribed my name and affi tod tho seal of my office
this Twenty-sixth day of July 1989
$
R. Dan Carlson
Ragbtrar of Tillas,
In and for lha County of Htnnapin and Slat* of Minnaaota.
MEMORIAL
OF ISTATiS, lASEMiNTS OR CHAROIS ON THE UND DESCRIBED IN THE CERTIFICATE OF TITLE HERETO AHACHED.
OiRUTY
oocumint II kind of
NUMaCR P INBTRUMENT
OATS OF
INSrnUMKNT DATE OF REGISTRATION AMOUNT RUNNING IN FAVOR OF SIGNATURE OF
DEPUTY REGISTRARMonth ]Oay] VetP Mont^|OAy| YtAr Hour
876942 Easement Oct 24 1966 Jun 13 1967 3:45
The City of Orono. Gra;^ting a
perpetual undtaground utility
easement over pt of and
(See Inst)
1759781 Mortgage ^ug 1 1986 Sep 30 1986 11 $100000.00
The Bank Wayzata
F/ayzata, MN
2028543 Mortgage Jun 9 1989 Jul 26 1989 1 $145600.00
Preferred Mortgage Corporation
St. Paul, MN
2028544
Asst of
Mtge Doc
No 20285^3 Jun 9 1989 Jul 26 1989 1
First Minnesota Savings Bank, F.S.B.
‘llnneapolis, MN \J_____