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Home My WebLink AboutLegal reviewMichael T. Hoekstra Attorney at Law 19075 Easton Road Wayzata, MN 55391-3126 PH (612) 473-9374 FAX (612) 476-1767 May 26, 1999 Attn: Mike Gaffron City of Orono 2750 Kelley Parkway Long Lake, MN 55356 Re: FINAL Title Opinion File No. 97-012R Gentlemen: Pursuant to your request I have examined the title to property in Hennepin County, Minnesota legally described as follows: DESCRIPTION: See Attached Exhibit "A"for Legal Description This examination was based upon an Abstract of Title containing entries 1 to 365 inclusive and an Abstract of Title containing entries 367 to 682 inclusive, both certified to by Title Insurance Company of Minnesota, information from the Hennepin County Recorder's Tract Index, a survey prepared by Westwood Professional Services, Inc. for the Final Plat of Carriage Hill, and a Title Insurance Commitment dated March 12, 1999 prepared by Chicago Title Insurance Company under it's Case No. 256478. From such examination, I am of the opinion and find that on said date at said time, Elizabeth S. Borman and Jeanne E. Corwin, were the owners of a good and marketable title in fee simple to said land, free and clear of all encumbrances except the following: 1. Taxes: Taxes due and payable in the year 1998 and prior years are paid in full. Taxes due and payable in 1999 are as follows: Taxes for PID NO. 10-117-23-21-0007 are $3,781.50,base tax $3,781.50,solid waste fee $43.35, Non -homestead for taxes payable in 1999. Taxes for PID No. 10-117-23-24-0001 are $202.66, base tax $200.95, solid waste fee $1.71, Non -homestead for taxes payable in 1999. Taxes for PID No. 10-117-23-21-0001 are $3.96, base tax $3.93, solid waste fee $.03, Non -homestead for taxes payable in 1999. The listed taxpayer on above three PID Numbers are E. S. Borman and J. E. Corwin. 2. Spousal Interest: It is my understanding that Elizabeth S. Borman is married to Marvin Borman and that Jeanne E. Corwin is married to Burt H. Corwin. Accordingly it will be necessary for the fee owner's spouses, Marvin Borman and Burt H. Corwin, to join in signing the conveyancing documents in favor of BohLand Development, Inc., a Minnesota corporation, which is to be the party executing the plat of Carriage Hill. 3. Boundau Line with neigILboring Pro e : The survey has revealed that the fence lines between the property owned by Keenan G. Richardson and Jean Ledell Richardson and the Corwin and Borman property do not coincide exactly with the legal descriptions of the Richardson property and the Corwin and Borman property. It is my understanding that the developer, BohLand Development, Inc. and the Richardson have agreed to resolve the discrepancy by an exchange of Quit Claim Deeds so that the Richardson legal description and the description for the proposed plat of Carriage Hill coincide. The proposed legal description for the Richardson parcel is attached hereto as Exhibit "B". There are two mortgages on the Richardson property. The first mortgage is dated December 29, 1997, was recorded February 13, 1998 as Document No. 6849954 and was executed by Keenan G. Richardson and Jean Ledell Richardson in favor of Residential Mortgage Group, Inc. This mortgage was assigned to Norwest Mortgage, Inc. by an Assignment of Mortgage dated December 29, 1997, recorded February 20, 1998 as Document No. 6853432. The second mortgage is dated March 31, 1998, was recorded May 4, 1998 as Document No. 6890806 and was executed by Keenan G. Richardson and Jean Ledell Richardson in favor of U.S. Bank National Association. Mortgage Modifications and Partial Releases of the above mortgages should be obtained and recorded. It is my understanding that these documents have been forwarded to the lenders for execution. The Property Identification number for the Richardson property is 10-117-23-21- 0004. 1999 tax amount is $4,057.32,base tax amount is $4,014.48,solid waste fee $42.84, Homestead for taxes payable in 1999. I have talked with Dennis Hill of the Hennepin County Department of Property Taxation and have been advised that the property line readjustment, if acceptable to the City, could be handled by an exchange of Quit Claim Deeds to be recorded before the filing of the plat of Carriage Hill. In such case the real estate taxes on the Richardson property would not need to be paid in order to record the plat of Carriage Hill according to Mr. Hill. 4. Roadways: The following public roadways appear to affect the property: Willow Drive South on the west side of the property Brown Road South on the east side of the property. King Street on the north side of the property. 5. Such ownership is also subject to the following: a) Rights, if any, of the parties in possession other than said owners; b) Mechanics lien rights, if any, for any recent improvements upon said premises or property connected therewith; c) Special assessments, if any, which may be levied upon said premises; d) Public zoning, building, or environmental ordinances and regulations; e) Encroachments, gaps, overlaps, boundary line issues, environmental and lead paint issues, and other matters which would be disclosed by an accurate survey and/or inspection of the premises; f) Records subsequent to abstract and title commitment certification dates; g) Unpaid water or sewer bills, if any, which could constitute a lien against the premises. Thank You for allowing me to be of service to you in this matter. Yours very truly, \ \yMichae�IT. Hoekstra MTH:ms cc: Nancy Chadwick, Hinshaw and Culbertson EXHIBIT "A" LEGAL DESCRIPTION That part of the Northeast Quarter of the Northwest Quarter and Government Lot 6 in Section 10, Township 117, Range 23, Hennepin County, Minnesota described as follows: Commencing at the northeast comer of said Government Lot 6; thence South 00 degrees 04 minutes 55 seconds West, assumed bearing, along the east line of said Government Lot 6, a distance of 61.43 feet to the actual point of beginning; thence North 00 degrees 04 minutes 55 seconds East, along the east line of said Government Lot 6 and said Northeast Quarter of the Northwest Quarter, a distance of 1336.12 feet to the intersection with the easterly extension of the south line of King Street, as dedicated on the plat of MINNETONKA VIEW, according to the recorded plat thereof; thence North 89 degrees 41 minutes 50 seconds West, along said south line and said easterly extension, a distance of 173.00 feet; thence North 00 degrees 04 minutes 55 seconds East, parallel with said east line of the Northeast Quarter of the Northwest Quarter, a distance of 33.00 feet to the north line of said Northeast Quarter of the Northwest Quarter; thence North 89 degrees 41 minutes 50 seconds West, along said north line a distance of 1154.93 feet to the northwest corner of said Northeast Quarter of the Northwest Quarter; thence South 00 degrees 08 minutes 30 seconds West, along the west line of said Northeast Quarter of the Northwest Quarter, a distance of 622.71 feet to the north line of JOHNSTONS FRENCH LAKE SECOND ADDITION, according to the recorded plat thereof; thence South 89 degrees 42 minutes 52 seconds East, along said north line, a distance of 37.26 feet to the northeast comer of said JOHNSTONS FRENCH LAKE SECOND ADDITION; thence South 02 degrees 05 minutes 38 seconds East, along the east line of said JOHNSTONS FRENCH LAKE SECOND ADDITION, a distance of 224.10 feet; thence southerly, continuing along said east line, along a tangential curve, concave to the east, having a central angle of 26 degrees 30 minutes 01 seconds, a radius of 669.62 feet, for an arc distance of 309.71 feet; thence South 54 degrees 45 minutes 18 seconds East, continuing along said east line, not tangent to the last described curve, a distance of 83.06 feet; thence South 35 degrees 36 minutes 55 seconds East, continuing along said east line, a distance of 96.43 feet to the most easterly corner of said JOHNSTONS FRENCH LAKE SECOND ADDITION; thence North 53 degrees 30 minutes 36 seconds East, a distance of 243.02 feet; thence South 44 degrees 51 minutes 12 seconds East, a distance of 248.84 feet; thence South 47 degrees 32 minutes 39 seconds West, a distance of 284.00 feet to the center line of Willow Drive; thence South 35 degrees 40 minutes 44 seconds East, along said centerline a distance of 630.17 feet to a line that bears South 41 degrees 04 minutes 55 seconds West from the point of beginning; thence North 41 degrees 04 minutes 55 seconds East, a distance of 833.84 feet to the point of beginning. Except therefrom that part of the Northeast Quarter of the Northwest Quarter of Section 10, Township 117, Range 23, Hennepin County, Minnesota, corresponding to Lot 10, Block 6, MINNETONKA VIEW, now vacated together with the southerly half of the east west vacated alley as delineated in Block 6 and dedicated on said plat, lying between the northerly extensions of the east and west lines of said Lot 10 and together with the northerly half of vacated Rose Street as dedicated on said plat, lying between the southerly extensions of the east and west lines of said Lot 10. EXHIBIT "B" PROPOSED LEGAL DESCRIPTION FOR RICHARDSON PARCEL That part of the Northeast Quarter of the Northwest Quarter and Government Lot 6 in Section 10, Township 117, Range 23, Hennepin County, Minnesota, described as follows: Commencing at the southwest corner of said Northeast Quarter of the Northwest Quarter, thence North 00 degrees 08 minutes 30 seconds East, assumed bearing along the west line of said Northeast Quarter of the Northwest Quarter, a distance of 389.76 feet; thence South 36 degrees 06 minutes 22 seconds East, a distance of 426.62 feet to the most easterly corner of JOHNSTONS FRENCH LAKE SECOND ADDITION, according to the recorded plat thereof and the actual point of beginning; thence North 53 degrees, 30 minutes 36 seconds East, a distance of 243.02 feet; thence South 44 degrees 51 minutes 12 seconds East, a distance of 248.84 feet; thence South 47 degrees 32 minutes 39 seconds West, a distance of 284.00 feet to the centerline of Willow Drive; thence North 35 degrees 48 minutes 55 seconds West, a distance of 275.73 feet to the point of beginning. Michael T. Hoekstra Attorney at Law 19075 Easton Road Wayzata, MN 55391-3126 Ph. (612) 473-9374 FAX (612) 476-1767 April 23, 1999 Secretary of State Business Services Division 180 State Office Building 100 Constitution Avenue St. Paul, MN 55155-1299 Re: Carriage Hill Homeowner's Association, Inc. (Non -Profit Corporation) Gentlemen: Enclosed for filing please find the following: 1) Articles of Incorporation for Carriage Hill Homeowner's Association, Inc. 2) Check payable to Secretary of State for $70.00 filing fees If the Articles are acceptable for filing, please send the Certificate of Incorporation to me and return the Articles to me after filing. Thank You. Yours very truly, Michael T. Hoekstra MTH:ms Enc. cc: Steven R. Bohl Westwood Professional Services, Inc, April 26, 1999 .Jim Hafner Minnehaha Creek Watershed District Gray Freshwater Center, Navarre 2500 Shady Oak Road, Suite 37 Excelsior, MN 55331 RE: Carriage Hill, Orono Project No. 98795 Dear Mr- Hafner: Ci 1 Y kaf- tliiUjV0 104 Marty Drive, Suite 3 Buffalo, MN 55313 Phone:612-682-2587 Fax: 612-682-2639 Toll Free: 1-888-682-2587 Email: wps®westwoocips,com Please find enclosed Grading, Drainage & Street Construction Plans for the above referenced project. The enclosed plans incorporate both City of Orono and Minnehaha Creels Watershed District review comments. A brief overview of changes is included below. After a review of our preliminary plat submission drawings, the MCWD requested several revisions to our drawings. These changes include: ■ Labeling the pond's 10:1 safety bench. This was incorporated into the drawings by providing a pond detail, shown on page 1/3. • The silt fence detail has been corrected to show 24" driven depth, 4' stake spacing for unsupported fence, and 8' stake spacing for supported fence. • Grading notes now include both a revegetation schedule, and a note for silt fence removal. • 11"x17" reductions have been included along with signed full size sets. Beyond the MCWD changes, the City of Orono's engineering consultant, Bonestroo Rosene Anderlik, & Assoc., has required an outlet structure that provides 1-foot of skimming to remove floatables and debris. We have added the outlet control structure, including a submerged outlet, to provide skimming. Along with this change, we propose the removal of the existing 12" CMP outlet, and the installation of an 18" CMP in its place. As you may recall, we proposed using the existing 12" CMP in conjunction with a new 15" CMP in our preliminary drawings. Because of the required outlet control structure, a one pipe outlet system is a better choice for both economic and aesthetic reasons. Pond routing calculations, incorporating the new outlet, have been enclosed as an addendum to our previously submitted stormwater management calculations. Designing the Future Toddy ...since 19-72 It is our understanding that the land owner, BohLand Development has already submitted the required application and address labels. Please let us know if there is any additional information you would like us to provide. On behalf of the developer, Bohland Development, Inc., we respectfully request staff review and board approval. Please call with any questions or comments you may have at 612-682-2587. Thank you for your time and consideration. Sincerely, WESTWOOD PROFESSIONAL SERVICES, INC. son M. McCarty, EIT enclosures cc: Steve Bohl, Bohland Development, Inc. Tom Kellogg, Bonestroo Rosene Anderlik R Associates City of Orono P.O. Box 66 Crystal Bay, MN 55323 m )473 7357 04/27/99 12.35:57 Customer. hohland PARK DEDICATION FEE 1 @ 29400.00 29400.00 SUBTOTAL 29,400.00 TAX 0.00 TOTAL SALE 29 400.00 Check Received 2.00 04W E 0.00 CLERK# 06 TRANS# 9564 City of Orono P.O. Box 66 C—stal Bay, MN 55323 t612)473-7357 04/27/99 Customer; 6ohland FILING FEES/PLAT REV 1 @ 400.00 SUBTOTAL Inh TOTAL SALE Check Received 12.36:47 CLERK# 06 TRANS# 9565 400.00 400.00 0.00 400.00 400.00 0.00 O fir/ O O f� � =h CITY of ORONO Municipal Offices Street Address: Mailing Address: tC O 2750 Kelley Parkway P.O. Box 66 ES8 Orono, Mil 55356 Crystal Bay, MN 55323.0066 OFFICIAL NOTICE OF ADDRESS ASSIGNMENT November 2, 1999 Post Office: Wayzata 55391 Fire Department: Long Lake School District: 4278 Orono Zoning File: 42495 Location: Section 10, Township 117, Range 23, QQ 21 and 24 Plat Name: Carriage Hill Status: Lots 2-6 to be accessed by a private road (Carriage Lane) to be maintained and serviced by the property owners and/or homeowner's association. The City of Orono has no obligation or intention to acquire or open this road as a public road. Lot 1 to be accessed by existing road (Brown Road South). Address Assignments: PID LOT/BLOCK STREET ADDRESS STATUS 10-117-23 210008 Lot 1, Block 1 825 Brown Road South Residence under const. 10-117-23 210009 Lot 2, Block 1 2135 Carriage Lane Vacant lot 10-117-23 210010 Lot 3, Block 1 2155 Carriage Lane Vacant lot 10-117-23 24 0035 Lot 4, Block 1 2140 Carriage Lane Vacant lot 10-117-23 24 0036 Lot 5, Block 1 2120 Carriage Lane Residence under const. 10-117-23 24 0037 Lot 6, Block 1 2125 Carriage Lane Vacant lot 10-117-23 210011 Outlot A Vacant outlot 10-117-23 24 0038 Outlot B Private driveway 10-117-23 24 0039 Outlot C Private road Please change all your records accordingly. Thank you. Sincerely, �C�'ifre� Carole Haseman Deputy Clerk Enclosures - City Map; Plat Map Section 10-117-23- 21 he 24 cc: Steven R. Bohl, Bohland Development, Inc., 825 Brown Road South, Wayzata, MN 55391 Post Office, Fire Department, School District, Orono Police Department, Orono City Departments (Finance, Public Works, Elections, Assessing & On -Site Systems Manager), Hennepin County Sheriff, Hennepin County Dept. of Taxation, Minnegasco, NSP, Triax, US West Telephone (612) 249-4600 • Fax (612) 2494616 (✓_ � LL_ � 6P Z J ey tiY Q Q G� Z to � � J 1 a HILtSO R ! a1,10 m VCLYYY p V J U 4 W 0 ¢ ¢ � L y kfl.CJ�y�; y1• N d y Q jr . Qli u ¢ O T{NGTO 4 J yj Z RD 3h1�1C] �� 1�aiJ^ ""18J.4 ¢ J .% Ir p V Ir �1 'PH AepuoD J � p RF- m P+o 0 3 j m ~ a of J Ave lViSAHD r LU 17 r+mn a RQ �� w u+ ■ . d U 4 'Oa 1d SNH I 04. vsAi 7 31 J X 4 m y� 6. o U {u J r IYbY � m Q S in W a�? N y s�� . [�n . 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