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HomeMy WebLinkAbout1991-08-02 Letter, Notice of Adverse ClaimIr POPHAM HAIK 24000N1 TARORCLNTLR SCI,NUUNICII 6 KAUFMAN. LTC) 3300 PIPER JAr r RAV TOWER 222 SOVTN NIN/H STREET 1200 SEVENTEENTH STREET MINNEAPDI.I S. MINNESOTA S5402 DENVER. COLORADO9O20: TE LLPHUNL b 12 333.4800 TELEPHONE 303-893-1200 TELCCOPIER 3038932194 MINNEAPOLIS. MINNESOTA TELECUv1LR 612 334 2713 13001 S—EE I. N W 41OOCENTPuST FINANCIAL CENTER SVITT SOO EAST ZOOS E SECONDSTREET WASHINGTON. D C 20003 MIAMI. FLORIDA 33131 TELEPHONE 305-530-0030 NANCY E. HUSHIK TELEPHONE 202 962-0700 DIRECT DIAL (612) 334.2549 TELECORIER 202 962 0799 TELECOPIEN 305 530 0035 August 2, 1991 ^ cTM D Mr. Richard Little Examiner. of Titles Office Hennepin County Government Center 5 1991 300 South Sixth Street AUG Minneapolis, MN 55487 Re: Proposed Notice of Adverse Claim Dear Rick: Our office represents the City of Orono. In 1989, the City required a developer, Mr. Dennis Kumlin, to submit a Developer's Agreement as a condition for subdividing his land. The Developer's Agreement requires construction of a private road over property in the proposed plat, to be designated as Outlot A. Mr. Kumlin submitted an executed Developer's Agreement prior to the filing of his subdivision, now called Foxwpod Second Addition. I have enclosed the original document for your reference. Traditionally, City Staff does not require the Developer's Agreement to be filed with the plat documents. The plat was filed December 21, 1989 with the Hennepin County Registrar of Titles, upon Certificate of Title No. 577068 as Document No. 2061855. Our office was contacted by City Staff in March 1990 because there had been no Letter of Credit posted by Mr. Kumlin as part of the Developer's Agreement. The City wanted the terms of the Developer's Agreement placed of record to put all potential purchasers of lots on notice of the requirement to construct the road over Outlot A. Mr. Richard Little August 2, 1991 Page 2 Following considerable discussion between City Staff and Mr. Kumlin, our office attempted to file the Developer's Agreement with the Registrar of Titles on July 27, 1990. We were informed that Outlot A now covered three Certificates of Title, Nos. 741349, 741350 and 741351. We were informed by the County that one-third of Outlot A was now owned by a John Rhetts. This information was conveyed to the City. City Staff still wished to see the Developer's Agreement filed with the Registrar's Office. I contacted you in August 1990 and explained my situation as it then existed. You suggested one of two actions. The first was to have the new property owner sign a consent form consenting to the filing of the Developer's Agreement. The second suggestion, if the first did not work, was to have an adverse claim document with the Developer's Agreement attached to it, prepared and sent to you for review and ultimate filing. Attempts to have Mr. Rhetts sign the consent form have failed. I have enclosed a proposed Notice of Adverse Claim with accompanying documents for your review. If this document meets with your approval, it is our intention to file this Notice of Adverse Claim upon Mr. Rhetts'Certificate of Title, No. 741915. Please contact me once you have had a chance to review the documents. I truly appreciate the suggestions you have given me in the past and hope that this Notice of Adverse Claim will meet with your approval so that the City can put the potential property owners on notice of the road to be construc'-ed. Thank you for your time on this matter. NEH/mah 1160NEH cc: Jean Matiusth Thomas Barrett, Esq. Very truly your fcE, Husnik sistant NOTICE OF ADI' ;RSE CLAIM NOTICE IS HEREBY GIVEN, that the undersigned, on behalf of THE CITY OF ORONO, a Minnesota municipal corporation ("City") claims an interest in a certain parcel of registered land located in the County of Hennepin and State of Minnesota, which parcel is legally described on Exhibit A attached hereto, incorporated herein by reference (hereinafter referred to as "Property"), and that said parcel is described in Certificates of Title Nos. i41349, 741350 and 741915, on file in the office of the Registrar of Titles in and for said Hennepin County ("Property"). The undersigned being first duly sworn on oath, says: 1. That the principal place of business of the adverse claimant is 1335 South Brown Road, Orono, Minnesota 55323 and all notices may be served upon the City Clerk at such address. 2. That land contained within original Certificate of Title 577068 was subdivided by owner Dennis Kumlin as evidenced by the plat of Foxwood Second Addition, filed December 21, 1989 as Document No. 2061855. 3. That a Developer's Agreement, attached hereto as Exhibit B, requiring construction of a road over the Property, was executed by Mr. Kumlin and the City, as part of a condition for subdivision, on December 19, 1989 and January 8, 1990, respectively. 4. That subsequent to his execution of the Developer's Agreement, a portion of the Property was conveyed from Dennis Kumlin to John Rhetts by Deed dated December 21, 1989, filed January 4, 1990, with the Hennepin County Registrar of Titles as Document No. 2064822 and memorialized on Certificate of Title No. 741915. 5. That the City submitted a Consent to the Developer's Agreement to Mr. Rhetts for execution and filing, but he would not sign it. 6. That the road has not been constructed to date upon the Property, and therefore the City wishes to file the attached Developer's Agreement in the chain of title to the Property to put others on notice of the Agreement to construct the road. 7. That it is in the public's best interest to be informed of the Developer's Agreement and obligation of the developer to construct a road improvement upon the Property. 8. That the City has made its best efforts to file the Developer's Agreement by attempting to obtain a Consent from Mr. Rhetts. 9. An adverse claim has arisen subsequent to the filing of the deed between Mr. Kumlin and Mr. Rhetts, as cited above, and no provision is provided in Chapter 508 of Minnesota Statutes for otherwise registering said adverse claim. Dated: September 9, , 1991 CITY OF ORONO By Itj: Mayor By Its: C4 Clerk STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) Barbara A. Peterson and Dorothy M. Hallin , being first duly sworn, states that they are the Mayor and City Clerk , of the City of Orono, a Minnesota Municipal Corporation, the Adverse Claimant herein; that they have read the foregoing Notice of Adverse Claim and that the statements therein are true to their own knowledge, based upon information and belief, and as to that information and belief, they believe the statements to be true. CITY OF ORONO Iui: Mayor By 11jj-'e" �� - - Its• Lky Clerk SubscribVd and sworn to before me this �_ day of 5 er- , 1991. LINDA S. VEE NOTARY EPIN - MINNE,CTA C�Ji G HENNEPIN COUNTY My commission expicu Lt2M Notary Public F�O — — — ap dP W— — -2-