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Home My WebLink AboutRe: discharge notice of Lis Pendens HINSHAW & C U L 8 E R T S C RJ L LP ATTORNEYS AT LAW Accenture Tower 333 South Seventh Street Suite 2000 Minneapolis,MN 55402 T 612-333-3434 F 612-334-8888 ,av; www.hinshawlaw.com October 14, 2010 VIA EMAIL Soren M. Mattick, Esq. Campbell Knutson I380 Corporate Center Curve Suite 317 Eagan,MN 55121 Re: City of Orono v. Chazles E. Carlson, Sally K. Carlson, and Timothy D. Plaziak Court File No.: CD2752 Dear Soren: As we discussed, attached is the proposed Discharge Notice of Lis Pendens. Please feel free to edit as you see fit. Also attached is a copy of the recorded Notice of Lis Pendens. This issue was prompted by an inquiry from Tom Patrin (sp.)who is seeking to buy some property. His realtor has identified certain title problems both with the road easement as well as part of the portion deeded to Mr. Plaziak. Mr. Patrin's telephone number is 651-222-4699 and Tara of Edina Realty is his realtor. Her telephone number is 952-476-3414. If I can be of any assistance in this matter, please let me know. We have recalled the file from archives and can provide any background you may need. Please give my best to the "last of the old guard," Mike Gaffron. Again, thank you for assisting with this. Very truly yours, H SH & CULBERTSON LLP /►�l a�.�li Thomas J. adio , ;�N, , 612-334-2653 tradio@hinshawlaw.com TJR:jbm Attachments Arizona Califomia Florida Illinois Indiana Massachusetts Minnesota Missouri NewYork Oregon Rhode Island Wisconsin 121269268v1 0754868 41288 � * Doc No 8406548 07/29/2004 12:31 PM Certified filed and or recorded on above date: Office of the County Recorder Hennepin County, Minnesota Michael H. Cunniff, County Recorder Deputy 18 TranslD 49558 Fees $15.00 DOC $4.50 SUR $19.50 Total STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT CASE TYPE: CONDEMNATION City of Orono,a Minnesota municipal Court File No.: CD- Z7,�Z, corporation, Petitioner, v. NOTICE OF LIS PENDENS Chazles E. Carlson, Sa11y K. Carlson, and Timothy D. Plaziak, Respondents. IN TI�MATTER OF CONDEMNATION BY THE CITY OF ORONO OF CERTAIN LANDS LOCATED IN THE CITY OF ORONO TO: COUNTY RECORDER AND REGISTRAR OF TITLES FOR HENNEPIN COUNTY, MINNESOTA: Notice is hereby given that on July 29, 2004, the City of Orono filed a Petition in the Office of the Administrator of the District Court of Hennepin County, Fourth Judicial District for the condemnation, pursuant to Minnesota Statutes Chapter 117 of certain interests in property situated in Hennepin County, Minnesota, as more particularly described in the Exhibit attached hereto and made a part hereof, for the purpose of acquiring the property interests described therein. No state deed ta�c is due the State of Minnesota on this instrument. I� II�� , 121097809v1 754868 '� ,i „i � ; � � �� 1 � �, '��' ��''' , ii'�Hi ' ; Dat • � �, 2pp4 HINSHAW& CULBERTSON LLP '/ . Thomas J. Radio, g. No. 137029 Jodi L. Johnson, Reg. No. 277265 3100 Campbell Mithun Tower � �� 222 South Ninth Street ° Minneapolis, MN 55402 Telephone: 612-333-3434 Fax: 612-334-8888 1 ATTORNEYS FOR THE CITY OF ORONO � J` IS 1NSTRUMENT WAS DRAFTED BY: � Hinshaw&Culbertson LLP 3100 Campbell Mithun Tower 222 South Ninth Street Minneapolis,MN 55402 612-333-3434 (TJR) � , '' i� . , I� �I �''�� I Iq� �2x �I��'. ;�� , ;�!,�� i 121097804v1754868 EXHIBIT A DESCRIPTION OF PROPERTY INTERESTS ACQUIRED A permanent, public right of way easement for ingress and egress purposes over, across,upon, and under the following described parcel: The Easterly one half (Ih) of the alley formerly known as Oak Place lying adjacent to the Westerly 30 feet of Lot 1, Block 7, Saga Hi11 Revised, Hennepin County, Minnesota. It is the intention of the Petitioner to acquire the above-described easement, including, but not limited to the interests of the following parties in such easement: Party Interest 1. Chazles E. Cazlson and Sally K. Carlson Fee Owner 2. Timothy D. Plaziak Contract for Deed � ,;,'�a � '`�� I,,,�,, I u� �� I �� , ' 'Iy�� I � � �� 1'iBJ' ',,'.*U '�, '�':',I� ,. li�-�"7 �I�.I � �..:a i. �;�',I � �I � I !I a � � �'�I " �, ` ;�I �� I �� '� i;�l� `I j ,.� u� � i � ("�� '�I#I' ;i� �Na�H; ��i� ',;i,i; , � , ,I � �'�� F�I � � I,: :I i I I ��, i'�j �x y I�i ,��';�, STATE OF MINNESOTA DISTRICT COURT COLTNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT CASE TYPE: CONDEMNATION City of Orono, a Minnesota municipal Court File No.: CD-2752 corporation, Petitioner, v. DISCHARGE NOTICE OF Charles E. Carlson, Sally K. Carlson, LIS PENDENS and Timothy D. Plaziak, Respondents. KNOW ALL BY THESE PRESENTS, that the undersigned, attorney for the City of Orono, does hereby certify that a certain Notice of Lis Pendens in the above-entitled action, which has been pending in the above-named Court, and which affected, involved, and brought into question certain real estate situated in the County of Hennepin and State of Minnesota, legally described as follows: A permanent easement for drainage and utility purposes, including the right to construct and maintain the same, together with the right of the public ingress, egress, and access over, above, under and across the land located in Hennepin County, State of Minnesota, legally described as follows: The Easterly one half(1/2) of that part of vacated Oak Place which lies between the westerly extensions across it of the Southerly line of Lot 1, Block 7, "Saga Hill Revised, Hennepin Co. Minn." and the Southerly right-of-way line of Summit Avenue as said avenue is shown on said plat. ,� ��'�� 121117596v2 0754868 41288 �I';I� I !',� ,�IN! I ,� . r and which was filed of record in the office of the County Recorder of said County of Hennepin on July 29, 2004, as Document No. 8406548, is hereby discharged; said action has been dismissed. The County Recorder of said County is hereby authorized and directed to discharge the same upon the record thereof, according to the statute in such case made and provided. IN TESTIMONY WHEREOF, the undersigned has hereunto set his hand this day of , 2010. Dated: , 2010 CAMPBELL KNUTSON 1��a� �I ��ra�� !'��'� �� Soren M. Mattick, Reg. No. 027785X � � ��` 1380 Corporate Center Curve, Suite 317 ��p,! �' Eagan, MN 55121 Telephone: 651-452-5000 Fax: 651-452-5550 ATTORNEYS FOR PETITIONER CITY OF ORONO STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2010, by Soren M. Mattick, of Campbell Knutson in its capacity as attorneys for the City of Orono. Notary Public THIS INSTRUMENT DRAFTED BY: Campbell Knutson (SMM) 1380 Corporate Center Curve, Suite 317 Eagan, MN 55121 Telephone: 651-452-5000 , al�� I� 2 'II�� 1211 U596v2 0754868 41288 1 � i 1!I�1:' ��,�i Pk�� STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT CASE TYPE: CONDEMNATION City of Orono, a Minnesota municipal Court File No.: CD-2752 corporation, Petitioner, v. COMNIISSIONERS' AWARD Charles E. Cazlson, Sally K. Cazlson, and Timothy D. Plaziak, Respondents. The undersigned commissioners, appointed by the above-named court, having qualified according to law, met as directed by the order of the court appointing them as commissioners, given notice in writing of the time and place of their meetings, heard the allegations and proofs of all persons interested in touching the matters committed to them, heazd testimony publicly under oath from those persons wishing to be heazd in connection with said taki.ng, and in their presence viewed the lands hereafter described, and completed such hearings as were requested by parties appearing with respect to said lands, now hereby make the following awazd of damages that in their judgment will result to the owners of the premises described in the petition and to any party ha�ing an interest therein by reason of the taking of said premises by the Petitioner. The total awazd of damages to all persons or parties interested in said premises is in the sum of$�p� Said award is made as follows: To: Charles Carlson $ o�,pL �• /...�'`/ The aforesaid award of damages is made subject to the following: , ,�;',��,; �ziii3�t��sasbs 1. The owner's obligation to pay the taxes due and payable in 2004 and prior years, with penalties, if any; and � 2. The ovmer's obligation to pay all of the unpaid special assessments and future installments thereof which were levied or pending as of December 1, 2004; and 3. The owner's obligation to pay such street maintenance and other annual charges as were levied or pending as of December 1, 2004, if any. We further report that each of the undersigned commissioners viewed the property described in the petition and that all the undersigned participated in hearing all testimony of the interested parties that was offered for consideration by the commissioners and participated in ascertaining, determin.ing, assessing, and awazding damages for the taking of said premises. Dated: �i Os r ��t�v l�f'�ra Commissioner � � ^ �y�� /�1�4�(.`T`".�r��-- , Commissioner �� '�"„� 1�e�'+� (- IM�`kS , Commissioner This document was drafted by: Hinshaw& Culbertson LLP 3100 Campbell Mithun Tower 222 South 9'�Street Minneapolis, MN 55402 Telephone: 612-333-3434 (T�) 2 121113766v1 754868 -'� : ; , . ,... STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN 04 S�P 2� P�i �� Z I FOURTH JUDICIAL DISTRICT �Y �E,P� F1EPy��, C�. tif�iftfC� � ASE TYPE: CONDEMNATION c�u�r ��t�€��cs�� r City of Orono, a Minnesota municipal �ourt��e No.: CD-2752 corporation, Petitioner, v. AMENDED ORDER GRANTING Charles E. Carlson, CONDEMNATION PETITION AND APPOINTING COMMISSTONERS Respondent. . IN THE MATTER OF CONDEMNATION BY THE CITY OF ORONO OF CERTAIN LANDS LOCATED IN THE CITY OF ORONO The Petition in the above matter came on for hearing before the Honorable Gary Larson, Judge of District Court, on the 21 st day of September, 2004, at 8:30 a.m., at District Court, Hennepin County Government Center,Minneapolis, Minnesota. Thomas 7. Radio, Esq., Hinshaw & Culbertson LLP, 3100 Campbell Mithun Tower, 222 South Ninth Street, Minneapolis, Minnesota 55402, appeared on behalf of the Petitioner, the City of Orono. The respondent Charles E. Carlson appeared personally. The Court having heard the arguments of counsel present, and upon all the files, records and proceedings herein, THE COURT FINDS: 1. The notice of the objects of the Petition and the time and place of hearing thereof was served in accordance with Minn. Stat. § 117.055 upon the Respondents named in the Petition. � ',,k;'' � ': !��' 121049061v1 754868 ;. 1' :I I 2. The names of all persons appearing of record or known to the Petitioner, after due and diligent inquiry, to have any right, title or interest in and to the real property interests described in Exhibit A atta.ched to the Petition (the "Property") are stated therein. 3. Based upon all files in this proceeding and being fully advised in the premises, the Court finds: (a) that the legislative and administrative findings made by the Petitioner applicable to the Property, were not arbitrary, capricious or unreasonable and did not constitute an abuse of discretion; (ii) that the allegations of the Petition are true; (iii) that the procedures used are and were in accord with the statutes goveming the Petitioner's acquisition of property by condemnation; and (iv) that the taking contemplated herein is for a public purpose. THEREFORE, IT IS HEREBY ORDERED THAT: 1. Julian Hook, Michael O'Toole, and Kevin Meeks be and are hereby appointed as Commissioners, all being residents of the County of Hennepin, to ascertain and report the amount of damages in accordance with Hennepin County's "Policy on Condemnation Proceedings," if any, that will be sustained by the named Respondents, said Commissioners to be paid in accordance with said Policy. The Commissioners shall have the right to enter the Property and to inspect the same for the purpose of ascertaining the amount of damages. The Commissioners shall file their report of awards as to the Property within 270 days from the date of this Order in the Office of the Administrator of the District Court, 12th Floor, Hennepin County Govemment Center,Minneapolis,Minnesota. The Commissioners are to meet on the 12�' floor of the Hennepin County District Court on September 30, 2004, at 9:30 a.m., to be administered their oath of office. 2. On or after December 1, 2004, Petitioner is hereby permitted and authorized to deposit into court, or pay to the owner pursuant to Minnesota Statutes section 117.042, the 2 121049061v1 754868 principal sum of $7,500.00 as to the property described in Exhibit A attached hereto and incorporated herein. 3. On or after December 1, 2004, the district court administrator is directed to accept the aforesaid deposit. 4. Immediately following said deposit, said district court administrator shall, from said deposited funds, pay.to the City of Orono and County of Hennepin such amounts as are, as of the date of transfer of title and possession in accordance with this Order, levied or pending against the real estate described in said Exhibit A as special assessments and other annual charges that may be or become a lien thereon, and real estate taxes payable with respect to said real estate in the year in which the petition in this matter was filed, and preceding years. All of such payments s�all include interest and penalties payable therewith, if any, due to the date of payment. 5. Upon the making of said deposit by the Petitioner or payment by Petitioner directly to the owner, the easement for public egress and ingress and for utilities for the real estate described in Exhibit A shall, without further notice, immediately vest in the Petitioner. 6. Petitioner shall give written notice of the fact of deposit or payment to all parties previously appearing in these proceedings. 7. Failure to vacate said real estate within five days after notice of payment or deposit in accordance with this order may cause the respondents or others claiming under them to be found in contempt of this Court. The Court retains jurisdiction of this matter for the purpose of granting Petitioner such other and further relief as may be necessary and appropriate to implement the provisions of this order and to otherwise transfer title and the right to 3 121049061v1 754868 possession of said real estate to Petitioner in accordance with the provisions of Minnesota Statutes sections 117.042 and 117.043. 8. Petitioner is permitted and authorized to enter onto the Property for the purposes of making surveys and inspections and for purposes of investigation, monitoring, testing, surveying, boring, or other similar activities necessary or appropriate to identify the existence and extent of a release or threat of release of a hazazdous substance, pollutant, or contaminants prior to Quick-Take Date pursuant to Minn. Stat. § 117.041. 9. That such other and further relief be granted as may be appropriate, just and equitable. Dated: , 2004 1 BY TH O T: S Gary arson ud of ' trict Court / � i ` ., 4 121049061v1 754866 EXHIBIT A EASEMENT A permanent easement for drainage and utility purposes, including the right to construct and maintain the same, together with the right of the public ingress, egress, and access over, above, under and across the land located in Hennepin County, State of Minnesota, legally described as follows: The Easterly one half(1/2) of that part of vacated Oak Place which lies between the westerly extensions across it of the Southerly line of Lot 1, Block 7, "Saga Hill Revised, Heruiepin Co. Minn." and the Southerly right-of-way line of Summit Avenue as said avenue is shown on said plat. '�'I I � � ,,,I I .y F This instrument was drafted by: Hinshaw& Culbertson LLP 3100 Campbell Mithun Tower 222 South Ninth Street Minneapolis, MN 55402 (612)333-3434 (TJR) � �� p �! �r ,� R �I #' �'' ;k �i Ip � � ;� �; �� tl,.,� �i � , , � � ;: ; , I�I, i � 121101138v1754868 STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT CASE TYPE: CONDEMNATION City of Orono, a Minnesota municipal Court File No.: CD-2752 corporation, Petitioner, v. FINAL CERTIFICATE Charles E. Cazlson Respondents. T'his is to certify that: 1. A petition was filed by the City of Orono with the Hennepin County District Court on July 29, 2004, which stated the necessity of acquiring certain lands hereinafter described in order to reestablish a public right-of-way. 2. Court-appointed commissioners f led their award on June 7, 2005, in the amount of$23,024.15. 3. Petitioner paid Resgondent the $23,024.15 pursuant to the Commissioners' Awazd, for the taking of said real estate,plus improvements; 5. The amount so paid represent the full amount due and owing as damages arising from the condemnation to be paid to any interested parties as a result of the taking herein of the premises as follows: A permanent easement for drainage and utility purposes, including the right to construct and maintain the same, together with the right of the public ingress, egress, and access over, above, under and across the land located in Hennepin County, State of Minnesota, legally described as follows: ��a� 121I19150v1 754868 The Easterly one half(1/2) of that part of vacated Oak Place which lies between the westerly extensions across it of the Southerly line of Lot I, Block 7, "Saga Hill Revised, Hennepin Co. Minn." and the Southerly right-of-way line of Summit Avenue as said avenue is shown on said plat. and which was filed of record in the office of the County Recorder of said County of Hennepin on July 29, 2004, as Document No. 8406548. Together with any and all streets and alIeys adjacent thereto, vacated or to be vacated, and together with any and all appurtenant easements. No state deed tax is due the state of Minnesota on this instrument. Dated: _�, 2005 HINSHAW& CULBERTSON LLP -Z� l Thomas J. Radio, g. No. 137 29 3100 Campbell Mithun Tower 222 South Ninth Street Minneapolis, MN 55402 ! �p� Telephone: 612-333-3434 . ��''`�VI ' Fax: 612-334-8888 � I ATTORNEYS FOR PETITIONER CITY OF ORONO STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this�day of September, 2005, before me, a Notary Public,personally appeazed Thomas J. Radio,to me personally known,who executed the foregoing instrument and acknowledged that he executed the same as his free act and deed. _... �.. �� I�.��;�w- N4 Publi This instrument was drafted by: o Hinshaw& Culbertson LLP JENNIFER 8. �JcCOP1NELL 3100 Campbell Mithun Tower NOTAHY PU[3i.ii;.iN1NNESOTA 222 South 9�'Street �ar co.�wao��,�,.a,,�o,o Minneapolis,MN 55402 " „ 612-334-2653 (TJR) 2 12I119150v1 754868