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Home My WebLink About1981-05-18 Report of Title ExaminerHC. 013 SJ 17-177-23 No 18795-- ----- - - -- - App. Doc No. 4623662 - Lasi Doc. N, — STATE OF MINNESOTA COUNTY OF HENNEPIN In the Matter of the Application to Register Title to Certain Land, of DISTRICT COURT FOURTH JUDICIAL DISTRICI- REPORT OF EXAMINER T(1 171E HONORABLE JUDGES OF TILE DISTRICT COURT OF IIENNEPIN COUNTY: Pur.want to an order heretofore entered in the above entitled cause whereby said case was referred rn the undersigned Examiner of Titles to examine into the title of the applicant(J) in and to the land de, in the appli, 'i)n, and into the truth of all matters set forth therein, and particularly whether or not land is occur :, d, and, if occupied, the nature thereof, and by what right the occupation is held, and also whether or not any judgments against applicant() or those through whom applicani(q claim title. e.iot, which may be a lien upon the land described in the application, and to search all puhlic records, and fullu inrtstigate all facts pertaining to the rifle which have been brought to my notice: and to make report in writing to the Court of the substance of the proof and file a report thereon, including a certificate of opininn upon the title: 1, said Examiner of Titles, after also having had said land inspected by the County Sur- veyor and hal'ina examined the records indicated on all the abstracts filed herein, do now report as follows: 1. Tha: at the time of the filing of the application herein, the said applicant(sv HARVEY--1.EllF.R, _ems — — was (SWiVA the record owner(t, in fee simple of the certain lands in the County of Hennepin and State of Minnesota described in said application and as follows: Lots 8, 9 and 10, Block 3, "NAVARRC HEIGHTS", Hennepin County Minnesota 2. The Inspection Report of the Couniy Surveyor on file h-rein states that the lots involved herein are vacant but the applicant alleges at Paragraph "E" of the Application that he occupies this premises. Therefore, there should be evidence at the hearing t.-- support a finding of fact in the Decree of Registration as to thi, occupancy of the premises herein. 3. That the mortgage on said land is: None. U. I note the following encumbrance, defects and irregularities: (a) The land description found at Paragraph "C" of the Applii,al t has been revised by setting forth the nam ' the plat exactly a�; it appears in the dedication clause of the recorded plat, thus conformint, to the practice of the office of the Registrar of Titles. In the —I— Filing Stamp Clerk of District Court further proceedings herein, the land dencript.ion found at. P,nr:1J"1-.1J,h 1 hereof should be used. (b) Except as barred by the tax lien foreclosure under, which applicant claims title to said Lots 8, 9 and 10, Book 72 of 11Pnn,-pi11 County Records, page 3977984, entry 196, Document No. 4286289, nfrinn of the County Recorder, entry 197 and Document No. 4286290, office of the County Recorder, entry 198, said Lot 10 is owned of record by Elizabeth R. Roth_,Book 1654 of Deeds, page 275, entry 193, subject to the possible claims of the City of Orono and Albert Roth also kncwn as Albert Clarence Roth, entries 194 and 195. Except as barred by said tax lien foreclosures, said Lots 8 and 9 are owned of record by Melvin A. Abel, Book 68 of Hennepin County Records, page 375011'. entry 187. I recommend the aforesaid parties as defendants hercin. (c) The "subject clause" of the Decree should contain the following concluding statement: To a reservation by the State of Minnesota of minerals and mineral rights. (d) The Inspection Report of the County Surveyor on file herein states that a fence possibly encroaches Along the West line of Lot 10, which fence is claimed by the owner of Lot 11. Said Inspection Report further states that the occupant of Lot 11 is using a part of Lot 10 for yard purposes. According to the County Surveyor, said Lot 11 is occupied by Delilah Moschini. An examination of the County Recorder's Tract Index reveals that said Lot 11 is owri -' of record by Fudge J. Moschini and Delilah G. Moschini as J-ii,f tenants, Bcok 1736 of Deeds, page 390. There are no other interests of record as to said Lot 11. I therefore recommend said Fudge J. Moschini and Delilah G. Moschini as defendants so that there may be evidence at the hearing to support a finding in the Decree as to ether said fence and yar,- encroachments are maintained as a matte:- of right or merely at sufferance. Any encroachment which is maintained as a matter of right must be shown by an appropriate concluding statement in the "subject clause" of the Decree of Regis- tration. Applicant's attorney should ascertain the names of the occupant of said Lot 11 and if they are other than said rL,,,ord owners, such occupants should be made defendants herein. (v iaid Inn poet. ioti fir, PnI,I 1•itr1,11r•• ^I.:ttr t11-1L :1 line 1' n along the Northerly I:IrI. or thr 1•::1:,1 line Itf I,d11. 8 pu::;:ihly en1.1•,),.•h,•:-. onto the within land. An Examination of the County Recorder's Tr•art Index reveals that Lot 7 which adjoins the within land to the Eart, is owned of record by Dean Younp, Book 70 of llen�,epin County lirr,ordn, page 3833128. Thee are no other interests of record as to ra;d± 1,of 7. I therefore recommend said Dean Young as a defendant so Chit. there may be evidence at the hearing to support a finding of fact: in the Decree of Registration as to whether said line fence encro,•• meat is maintained as a matter of eight or merely at sufferance. An%;' encroachment which is maintained as a matter of right must be show,, by an appropriate concluding statement in the "subject clause" of the Decree. Applicant's attorney should ascertain the names of the occupant:7 of said Lot 7 and if they are other than said record ot,rner, occu ants should be made defendants herein. (f) Said Inspection Report further states that power and telephone lines encroach along the South line of the premises herein. I therefore recommend as defendants the power and telephone cqmpirlies maintaininr _aid lines so that there may be evidence at the hearing to support, a finding of fact in the Decree of Registration as to whether said. line encroachments are maintained as a matter of right or merely at sufferance. Any encroachment which ;s maintained as a matter of right must be shown by an appropriate concluding stat,emrnt in the "subject clause" of the Decree of Registration. (g) The abstract shows thatthe taxes for the year 1980 and ^ior years have been paid but that the taxes for 1981 have not been paid. This matter is of no consequence unless, prior to thr time of the hearing, the premises are sold for said taxes. In that event, the Decree of Registration must be made subject to said sale 5. That the Parties defendant in said cause shc,uld n:•; Elizabeth R. Roth City or Orono Albert Roth also known as Albert Clarence Roth Melvin A. Abel Fudge J. Mosr_hini C. Dol i la h/ Mo::ch i n i Dean Young (see Pars. 4(d) and (e) as to occupants) (see Par. 4(f) as to power and telephone companies maintaining said lines) "also all heirs and devisees of any of the above named person who are deceased; and all other persons or parties unknown claimin-� any rignt, title, estate, lien or interest in the real estate describe:i in the Application or amendments herein." That the market value of the land exclusive of improvement i 00. That all the material allegations contained in the sail Application are substantially tru=-, as herein stated, except ar hereinabove found and that applicant entitled to the relief prayed for upon correcting the irregularities and defects above named. Respectfully submitted this 18th day of May. 1981. RSL/ RICHARD W. EDBLOM, Examiner of Titles By Deputy Examiner of Titles d ILM