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HomeMy WebLinkAboutTitle OpinionAttn: Mike Gaffron City of Orono 2750 Kelley Parkway Long Lake, MN 55356 Re: Title Opinion File No. 97-012R Gentlemen: Michael T. Hoekstra Attorney at Law 19075 Easton Road Wayzata, MN 55391-3126 PH (612) 473-9374 FAX (612) 476-1767 · May 20, 1999 "'1 .. ~r::~,"'; :~n '· . 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: T~es 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. Boundary Line with neighboring Property: 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 Richardsons 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 II. 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 tax~s 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. MTH:ms cc: Nancy Chadwick, Hinshaw and Culbertson ~~~ Michael T. Hoekstra 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 corner 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 cor:p.er 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 extensio;ns 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.