HomeMy WebLinkAboutJan. 2010 -email re: assent to registration Mike Gaffron
Fre+�m: Mike Gaffron
Sent: Friday, January 15, 2010 1:18 PM
, To: Lin Vee; Soren Mattick
Subject: RE: Land Registration-attached this time!
As long as they follow through with keeping our utility easement and variance document intact, we should have no
problem. The land lakeward of the vacated road has never been considered by the City as public property, and the
proposed registration action makes perfect sense to me. If Soren agrees, sign it. FYI,Address of the property is 3251
Casco Circle. PIN#is 20-117-23 43 0007.
Michael P.Gaffron
Assistant City Administrator/Long Term Strategy
City of Orono
(Street Address)2750 Kelley Parkway
(Mailing Address)P.O. Box 66,Crystal Bay,MN 55323
Phone: (952)249-4600
Fax: (952)249-4616
From: Lin Vee
Sent: Friday, January 15, 2010 12:33 PM
To: Soren Mattick; Mike Gaffron
Subject: Land Registration-attached this time!
Is there any reason I shouldn't sign the attached Assent to Registration? I don't think I have seen this particular form
before.
Lin Vee
City Clerk
City of Orono
952.249.4602
www.ci.orono.mn.us
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MARI'FRANCGS SKALA�O'
PLEASE RESPOIv'D TO DUI,UTH OFFICE
�111Ua1"y 1�, ��1� Writer's Direct Dial Number(218)725-6812
E-Mail Address ploraas(cDfryberger.com
Ms. Linda Vee �'�l�(;���,��
City Clerk
Orono Village Hall J,qN � 4 2010
2750 Kelley Parkway
Crystal Bay. MN 55323 C��'OFpR���
Re: William and Laura Koch-Application to Register Title to Land
Dear Ms. Vee:
Judge William Koch and Laura Koch are in the process of registering title to their home. Enclosed for
your information are a copy of the Examiner's Report and a map showing the property in question.
Page 4 of the Eaaminer's Report contains information on the interest of the City of Orono in the
property. These interests will be preserved in the final decree.
Also enclosed is an Assent to Registration. If you sign this document, have your signature notarized and
return it to me, we will not have to involve the City in the court action.
If you have any questions, please do not hesitate to contact me. I would also be happy to answer any
questions your attorney may have.
Thank you for your anticipated cooperation and assistance.
Very truly yours,
�
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Paul A. Loraas
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Enclosures
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DULUTH ON'FICE: 302 W SUPERIOK STREET.SUITE 700.DULUTH,MMNESOTA 55802.PHONE(218)722-08G 1.FAX(218)725-6800
SUYERIOR UFFICE: 1409 HAMMOND AVF,NUE•SUITE 33�•SUPCRIOR,WISCONSIN 54$SO•NHONE(71 S)39Z-74O5•FAT(7I5)392-74�7
S'f.PAUL UFFICE: THE FIRST NA"�IOkAL BANI:BUILDING.332 MINNESOTA STREET•SUITE WEST 1260.ST.PAUL,MINNESOTA 55101.PHONE(651)221-I044.FAX(651)221-1035
STATE OF MINNESOTA NO. 27-CV-ET-09-1149 DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
ASSENT TO REGISTRATION
In the Matter of the Application of William H. Koch and Laura D. Koch, husband and
wife, as joint tenants, to register the title to the following-described real estate situated in
Hennepin County, Minnesota, namely:
That part of vacated Lake Shore Avenue and that part of the tract of land lying
between said avenue and the shore of Lake Minnetonka, all lying between the
northeasterly extensions of the northerly line and of the southerly line of Lot 1 1,
Spring Park.
The undersigned hereby assents to the registration of the property described above as
requested by William H. Koch and Laura D. Koch.
Dated: /" - 2 c= , 2010
CITY OF ORONO
!'
By �.�u�°� C��-e�
Linda Vee, City Clerk
State of Minnesota, County of Hennepin
The foregoing Assent was acknowledged before me on —��������<<_F�y 2c� , 2010, by
Linda Vee, the City Clerk of the City of Orono, a municipal corporation, on behalf of the City.
��)=t-� f--�-% ��;���;__
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� ,.�-�� Notary Public
�r,�4�• R,�C�IEL DODGE
'���' NOTARY PUBLIC-f�41N�ESOTA
na:�.i�ocs�i�x�h�nooniv�,i� z��r�,
;, + f,4y Gomir��sion Ex;ires Jan.31,2010
!-,^i�`��`.��y��' �"':'��_C�-��Y"'�-���
� No. 27-CV-ET-09-1149
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
App. & Last Doc. No. 9363427
S1/2 Sec. 20-117-23
In the Matter of the Application of
REPORT OF EXAMINER
William H. Koch and Laura D. Koch, husband
and wife, as joint tenants
To Register the Title to Certain Land.
TO THE HONORABLE JUDGES OF THE DISTRICT COURT OF HENNEPIN
COUNTY:
Pursuant to Minn. Stat. § 508.13, the undersigned Examiner of Titles has examined the
title of the Applicant to the land described in the Application, investigated the truth of all
matters set forth therein, determined whether or not the land is occupied, and, if
occupied, the nature thereof and by what right the occupation is held, and also whether
or not any judgments against the Applicant or those through whom the Applicant claims
title may be a lien upon the land described in the Application. I have searched the
pubiic records, and fully investigated all facts brought to my notice pertaining to the title,
including an inspection report by the County Surveyor. This report to the Court contains
the substance of the proof and a Certificate of Opinion upon the title.
1. At the time of the filing of the Application herein, the Applicant was not the
record owner, in fee simple of the land in the County of Hennepin and State of
Minnesota described in the Application and as follows:
That part of vacated Lake Shore Avenue and that part of the tract of land lying
between said avenue and the shore of Lake Minnetonka, all lying between the
northeasterly extensions of the northerly line and of the southerly line of Lot 11,
Spring Park.
2. According to the Application and the Hennepin County Surveyor's
Inspection Report, the land is occupied by the Applicants.
3. There are no mortgages of record for the subject land.
1
� 4. I note the followinq encumbrances, defects and irreqularities:
(a) The above legal description differs slightly from that in the Application and
should be used in all further proceedings.
(b) Applicants are the fee owners of Lot 11, Spring Park as shown on
Certificate of Title No. 1300338. The land lying between Lake Shore Avenue and the
shore of Lake Minnetonka described in paragraph 1 above, is owned of record by
Chauncey W. Griggs and Addison G. Foster, Book 81 of Deeds, page 103, Book 86 of
Deeds, page 447 and Book 89 of Deeds, page 405, who with their spouses, Martha A.
Griggs and Martha A. Foster, were the proprietors of the plat of Spring Park. In 1881,
they conveyed their interest in said Lot 11, Book 99 Deeds, page 172, but the deed did
not describe the tract of land lying between Lake Shore Avenue and Lake Minnetonka,
described in paragraph 1 above. The dedication clause of the plat of Spring Park
contains the following words:
We concede to the owners of Lots 7 to 52 inclusive, and 83 to 101 inclusive, and
111 to 133 inclusive, that tract of land on the opposite side of Lake Shore Avenue
designated herein and defined by an extension of the boundary lines of said lots.
In previous land title registration cases, this Court has construed deeds of some
of the above described lots to include the tract of land lying between Lake Shore
Avenue and Lake Minnetonka and defined by an extension of the boundary lines of the
lot described in the deed. There should be evidence at the hearing to support a Finding
in the Decree that the Applicants and the predecessors in interest have acquired title to
that part of the tract of land lying between vacated Lake Shore Avenue and the shore of
Lake Minnetonka, lying between the northeasterly extensions of the northerly line and of
the southerly line of Lot 11, Spring Park, by adverse possession, by occupying it for 15
consecutive years in a manner which was actual, open, notorious, hostile, exclusive and
continuous and accompanied by an intention to claim adversely, and that they have
paid the taxes on the real estate in question for at least five consecutive years during
said period of adverse possession. Given the significant passage of time since the land
was platted and that no separate tax parcels exist for the tract of land formed by the
extension of the side lines of said Lot 11, I do not recommend as defendants, Chauncey
W. Griggs, Martha A. Griggs, Addison G. Foster and Martha A. Foster. I recommend as
2
. ' defendants the owners and encumbrancers of adjoining Lot 10, currently shown by the
• records of the Hennepin County Recorder as Mary L. Tucker, as Trustee of the Mary
L. Tucker Trust Under Aqreement Dated November 19, 2009, document no.
9457930, there are currently no encumbrancers of said Lot 10 and of Lot 12, currently
shown by the records of the Hennepin County Recorder as Robert G. Luesse and
Mary E. Luesse, document no. 2918012, there are currently no encumbrancers of said
Lot 12 and the occupants of said Lots 10 and 12, whose names must be ascertained
by Applicants attorney, so that there may be evidence at the hearing to support a
Finding in the Decree that the owners, encumbrancers and occupants of said Lots 10
and 12 claim no interest in the land to be registered.
(c) Lake Shore Avenue was dedicated in the plat of Spring Park. That part of
Lake Shore Avenue adjacent to Lot 11 was vacated in 1903, Book 97 of Miscellaneous
Records, page 106, document no. 364977 at abstract entry no. 3, prior to the enactment
of Minn. Stat. §507.17 in 1939, regarding conveyances including abutting vacated public
rights-of-way. At the time of the vacation of said part of Lake Shore Avenue, the
adjacent Lot 11 was owned by Lane MacGregor, Book 586 Deeds, page 527, document
no. 477051, who in 1907, conveyed Lot 11 without reference to the vacated avenue.
There should be evidence at the hearing to support a Finding in the Decree that the
Applicants and the predecessors in interest have acquired tit/e to that part of vacated
Lake Shore Avenue, lying between the northeasterly extensions of the norther/y line and
of the southerly line of Lot 11, Spring Park, by adverse possession, by occupying it for
15 consecutive years in a manner which was actual, open, notorious, hostile, exclusive
and continuous and accompanied by an intention to claim adversely, and that they have
paid the taxes on the real estate in question for at least five consecutive years during
said period of adverse possession. Given the significant passage of time, I do not
recommend as a defendant Lane MacGregor.
I recommend as defendants the owners and encumbrancers of adjoining Lot 10,
Mary L. Tucker, as Trustee of the Mary L. Tucker Trust Under Agreement Dated
November 19, 2009 and of Lot 12, Robert G. Luesse and Mary E. Luesse, and the
occupants of said Lots 10 and 12, whose names must be ascertained by Applicants
attorney, and the City of Orono, so that there may be evidence at the hearing to
3
, support a Finding in the Decree that the owners, encumbrancers and occupants of said
Lots 10 and 12 and the City of Orono claim no interest in that part of vacated Lake
Shore Avenue to be registered..
(d) Abstract entry no. 6, document no. 3648226, is an underground utility
easement over part of the land, in favor of the Village of Orono. The "subject clause" of
the Decree should contain the following concluding statement:
To a utility easement in favor of the City of Orono over a strip of land lying within 10
feet on each side of a line drawn from a point on the Northeasterly extension of the
Northwesterly line of Lot 11, Spring Park, distant 183 feet Northeasterly from the
most Westerly corner of said Lot 11; thence Southeasterly to a point on the
Northeasterly extension of the Southeasterly line of said Lot 11, distant 183 feet
Northeasterly from the most Southerly corner of said Lot 11, County Recorder
document no. 3648226.
I again recommend as a defendant, the City of Orono.
(e) At abstract entry no. 7, document no. 8804705, Resolution No. 5436, the
City of Orono granted a variance over Lot 11, Spring Park and the land to be registered.
The following concluding statement should be contained in the "subject clause" of the
Decree:
To Resolution No. 5436 of the City of Orono, granting a variance over Lot 11 and
the above land, County Recorder document no. 8804705.
I again recommend as a defendant, the City of Orono.
(f) I recommend that the Applicants pursuant to Minn. Stat. §508.421, Subd.
2, request the Registrar of Titles to issue a single certificate of title for Lot 11 and the
land in paragraph 1 above. There should be evidence at the hearing to support a
Finding in the Decree that the Applicants are the fee owners of Lot 11, Spring Park.
5. That the parties defendant in said cause should be:
Mary L. Tucker, as Trustee of the Mary L. Tucker Trust Under Agreement
Dated November 19, 2009
Robert G. Luesse
Mary E. Luesse
4
. � See Par. 4(b) regarding occupants
City of Orono
"also all heirs and devisees of any of the above-named persons who are deceased; and
all other persons or parties unknown claiming any right, title, estate, lien or interest in
the real estate described in the Application or amendments herein."
6. That all the material allegations contains in the said Application are
substantially true, as herein stated, except as hereinbefore found that the Applicant is
entitled to the relief prayed for upon correcting the irregularities and defects above-
named.
Respectfully submitted this 31St day of December, 2009.
Kimbali Foster, Examiner of Titles
By
Beth Asmussen
Deputy Examiner of Titles
5
Hennepin County Property Map Print Page 1 of 1
_ _ _
, � Hennepin County Property Map - Tax Year: 2009
The data contalneC on tDis paqe is derlve0 from a compllation ot records anC maps anE may tontnin tlistrepancks[hat can only be disclosed by an accurate survey pertortned by a licensed ,
land surveyor.The per�meter and area(square loota9e an0 aaes)are approx�mates and may COntain tli5crepancfe5.The Informatlon on[his Da9e S�ouW be used!or retertnce purposes only.�.��.�
Hennepin Counry does not quarantee the accuracy ot material herein rnntained and is not responsible tor any misuse or misrepresentauon of this informa[ion or Its derivatives.
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Selected Parcel Data Date Printed:1/7/2030 8:32:27 AM
ParcelID: 20-117-23-43-0007 Current ParcetDate: 12/4/2009
Owner Name: WILLIAM H KOCH ET AL
Parcel Address: 3251 CASCO CIR,ORONO,MN 55391
�t�o�pe✓'�`*� Stti�jGc�- �-D �orrans
reg�sfi-af'+oh ac�'ioh
http://gis.co.hennepin.mn.us/HCPropertyMap/Locator.aspx?PID=2011723430007 1/7/2010