HomeMy WebLinkAboutLand title summons �%o�;� City of Orono
���. 2750 Kelley Parkway
� '� P.O. Box 66
� �� _ �/� Crystal8ay, MN 55323
t w�/ (952) 249-4600
9kESH¢// Fax: (952) 249-4616
FAX TRANSMISSION COVER SHEET
Date: March 12, 2004
To: Tom Barrett
Fax: 612-334-8888
Re; Land Title Summons in Application for Registration of Land
Sender: Lin Vee
YOU SHOULD RECEIVE 9 PAGE(S), INCLUDING THIS COVER SHEET. IF
YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL (952) 249-4600.
Tom,
I will return the Acknowledgement today to Eastlund and will also put a copy of this information
in the mail to you. Please contact Ron or Mike with any concerns.
Thanks,
Lin
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No. 20703
STATE OF MINNESOTA DIST�TCT CO��tT
COTJNTY OF IiENNEPIN� FOY.�TH.rTJBICIAL DISTRYCT
N /Z 18-117-23 App. and Last l�oc. I�o. 79795Z2
In the macter of the Application of )
)
GARY L. �KLOF and CATHY F. L$E, ) REPORT OF EXAMTNER
as j oint tenants, )
)
To �2.egister the Title to Certain Land )
TO THE HONORABLE.�DGES OF THE D7STRICT COYJRT OF'HENNEPIN COUN'T�':
Pursuant to an Order h�retofore cntered in the above-enritled cause whereby said case
was referred to dle undersigned�xarniner of Titles to examine into the title of the Applicant in
and to the land described in the Application, and into the truth of all marters set forth therein,
and particulariy whether or not the land is occupied, and, if occupied, the nature thereof, and by
vvhat right the occupation is held, and also whether or not a�ly judgments against ApplicanY or
those through whom Applicant claims title, exist, whicl�may be a �ien upon the land described
in the Application, and to se�rch all public recorcls, and ful�y in�v�stig�te all facts pertaining to
the title which have been brought to my notic�; and to make report in writing to the Court of the
substance of the proof and file a repart therean, including a Certificate of apinion upon the tiCle;
I, said�x�miner of Titles, after also having had sAid land inspected by the County Surveyor and
having examined the records uidicated on all the abstracts �i1ed hereitl, do naw report as
follows:
1. At lh.e time of the filing of the Application herein, the said.Applicants, Gary L. Eklof
and Cathy F. Lee, were the record owners, except as hereinafter noted, in �ee simple vf r.he
cenain lands in the County of Hennepin and Stat'e of Nlinnesota described in said Application
and as follows:
Lot 8, Fagerness, including the accretions thereto lying betvveen the
northwesterly extensions to the shoreline of Lak.e Minnetonka of the
northeasterly and southwesterly lines of said Lot 8; and the accret7ons to
sa.id LQt 8 described as follows:
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The accretiflns to Crovernment Lot 3, Seciion 18, To�ship 117, Range
23, adjaining "Lots 7, 8 and 9, Fagerness, which lie southeasterly of a line
that is parallel with and distant 40 feet southeasterly from the
nortl�westerly line of Fagerr�ess Point �2oad, shown on the plat of
Fagerness as lJnder the Linden Ave; which lie southwesterly of "Line A"
described beloW; and which lie northeasterly af a line d.rar�n parallel with
and 77 feet southwesterly of said "Line A."
Line A: Cammencing at the most sautherly comer of said Lot 9;
thence on an assumed bearing of South 44 degrees 48 zninutes East
(assuming that the southeas#erly line of said Lot 9 has a bearing of
North 45 degrees 13 minutes East) to the shoreline of La1ce
Minnetonka, and said line there e.nding.
2. The Tnspection RepQrt o� the Cou.nry Surveyor on f le herein discloses and the
applicant alleges at Paragraph "F" that the within land is occupied by the applicants.
3, The records of the Hennepin Counry Recorder do not disclose the record of an
enforceable mortgage encumberi.ng the vc�ithin land.
4.I note the followiug encumbrances, defeets and irregularities:
(a) A comparison of the original plat of Fa�emess with the County Surveyor's Half
Secriou sheet malces it clear that portions of the land sought to be re�istered her�in may ha�ve
been,in the past, within the bed of Lake Minnetonl�t. Pursuant to Minn. Stat. §SOS.IS, 7 hereby
recommend that the State of 1VXinnesota be made a defendant herein so that there may be
evidence at the hearing to support a i'inding in the Decree whether zt clai�ns an inzerest in the fee
ntle to any portion of the within land which may be wilhiri the former bed of the Zake.
(b) Although the width is not shown on #he original plat, th� above legal description
makes an implicit deternaination that the Width of Under the Linden a�venue as dedicated in the
plat of Fagerness is 44 feet. I there£ore recommer�d that the City af Orono be made a defendant
herein so that there ma� be evideace at the hearing to support a finding in the Decree that
Fagerness Point 12oad, dedicated in rhe plat of Fagerness as Under the Linden avenue, is open
and in use to a width of 40 feet and that accretions along the southeasterly boundary of sttid
road are not subject to a dedication for street purposes.
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(c) Entry SSA of the absuact disclases the recard of an easement created in 1965 which
allows for the encraachment of a garage upon adjoining T-ot 7 t�nether with rights of
maintenance and repair. The Inspection Report of the County Surveyor on f�Ie discloses that a
garage claimed by the applicants encroaches over the southwesterly luie Qf the within Iand and
onto sa�.d r,ot 7. I therefore recommend that I�evi.n D. Manley, Janet L. Manley and Ohio
Savings Bank the record owners and encLunbrancer of the adjoining land , be made defendants
herein and that the "subj ect clause" of'the Decree cantain th� foll4wing concluding statemeut:
7'ogether wirh an easement for the encroachment and maintenance
of a garage building over Lot 7, Fagerness for the beneft of sard
Lot &, as creaced in I3ook 2526 of Deeds, page 116, Doc. No.
3550973.
(d) The Tnspection Repon of the Count� Surveyor on �le herein discloses that power,
telephane and Cable T�V lines encroach across the southwesterly line of thc within land. Y
therefore recommend that Narthern States PoweX Company, Qvvest Corporation, and the
cable televisiou franchisee serving the a.rea [whose identity must be ascertained by applicant`s
attorney] be made defendants herein so that there may be evidence at �lie hearing to support a
finding in the Decree whecher the encroachment of power, telephone and Cable TV'lines along
the southwesterly line of the within land subsist as a matter of right or merely ar su„ff'erance. Yf
said encroacliments are maintained as a matter of right an appropriate concluding statement
mu.st be added to the "subj ect clause" of ihe Decxee.
(e) The abstracrors jt.d�nent and banlcruptc,y search dated Tune 23, 2003, discloses the
following judgment against a Kathryn Lee,who may the same person as one of the applicants:
MiYbank rnsurance Campany vs. Kathryn Lee., docketed
September 17, 1996, Case No_ 96-11649, in tlze amount of
$1,404.82.
Y r�commend said judgment creditor as a defendant herein so that there may be
evidence at the hearing to support a finding in the Decree wheiher the creditor claims a statutory
lien upon the within land.
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(� The legal description contained in the application an file herein has been revised to
conform to the practices of the Registrar of Titles and to adjoininb Torrens File No. 20691.
Althou�h this change does not require an amended applicatiou, in all fut�re pleadings the
description showzl at para�aph 1 above should be used.
5. That the par�ies defend�nt in said C�nse should be:
State of Minnesota
City of Orono
Kevin D. Manley
Janet�. Manley
Ohio Savings Bank
Northern States Power Company
Qwest Corpararion
�see¶4(d) as to identity of Cable TV franehisee] .
Milbank Insurance Cot�pany
also all heirs and devisees of any of the above-named persans who are deceased; and a11 oth�r
persons or parties tu�irnown claiming any right, title, estate, lien or interest in the real estate
described in the Application or amendments herein."
6. That the market value of the land exclusive o�i.mprovements is $304,000.00.
7. That all the material allegations contained in theTsa d �P�P�1�ShOe�titled t bthen eli f
true, as herein stated, except as hereinabove found and tha pp
prayed for upon correcting the irreg�aarities and defects abovE uamed.
Respectfully submitted this 4th day of August, 2003.
ED�WARll A. BOCK., Jr.,Examiner of Titles
By J�onald�i.NordsLrom, eputy
Forms used in Torrens proceedings may be found at the�xaminer of Titles int�rnet site:
http://wvww-henn epin.us/ExTitles/etmain.htm
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RECE11/ED
EASTLUND, SOLSTAD, CADE & HUTCHINSON, LTDr��'�j � � �oQ�
LAW OFFICES ���YOFORONO
4200 COUNTY ROAD az WEST
MARKT.SOLSTAD SAVAGE, MINNESOTA 55378-4oa8 WARREN E. EASTLUND
JOSEPH R. CADE E-MAIL esch�eschlaw.com ��923-2000)
THOMAS F. HUTCHINSON OF COUNSEL
HANS F.ZIMMERMANN FACSIMILE 952•H94•6421
DALE J. MOE' JOHN G. HORNER
SHARON HERLAND YSEBAERT
TELEPHONE 952•B94•6400 GREGORY A. McCLENAHAN
DAVID 5.WETHING
HEATHER L.L. KOERING
'MSBA CERTIFIED REAL
PROPEF2TY LAW SPECIALIST r'eUruaI� 2V� �OO`t
State of Minr�e�ota 1`dorthern States Power Company�
102 Capital Building 414 Nicollet Mall
St. Paul, MN 55155 Minneapolis, MN 55401
City of Orono
2750 Kelley Parkway
Orono, MN 55356
Re: Registration of 1965 Fagerness Point Road, Orono, Minnesota
Dear Madam or Sir:
Enclosed herewith and served upon you please find Land Title Summons in Application
for Registration of Land. This office represents Gary Eklof and Cathy Lee with regard to the
registration of the title of their property. I am enclosing for your convenience a copy of the
Examiner's Report dated August 4, 2003. Please note that the primary reason that Mr. Eklof and
Ms. Lee are registering the title to their property is to acquire marketable title to the accretions to
Lake Minnetonka, which lie south of Fagerness Point Road.
If you have any questions, please contact me at your convenience.
Very truly yours,
EASTL UND, SOLSTAD, CADE&
HUTCHINSON, L TD.
U�
�'�f.sc.s�.�`>..�..F'�.
Dale J. Moe
DJM/alb
Enclosures
cc: Gary Eklof and Cathy Lee
� � ���
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S�o���r�r,AT�sor.a NO. 20�03 A�S'�'RiC�'COUR'z'
C � o��-��`N�EYLIv FOU}Z'i'H JU DICXAL D�STRICT�
HENN, C�O��� 1�
1N1S � �? �SUNTMONS TR APPT�1CA:l�Oi�'1�OR REGiSTRATION OF LAlvJJ
. �,
BY kr�.A,pplictrtion of�G�ry L. Eklof and Cathy 1'.L�e, as joint ten��nts,ta re�ister the
tTtle Co the fol�owQi�����`ed real estatc situated ia Hennepin County;Mi�nesota_namely-
Lot 8,F�geYt]ess, in.cludut�the accretions thereto lying bchveen Che northwesterly extCnsions to
the shoreline of Lake Minnetonka of the nortbeas�Crly and soud�we5terly lines of said Lot 8:and
the accretions to said f.ot 8 ciescribed as follo«�s:
7
"Z'he accretions to Government�,ot 3, Section 18,Townsl,ip 117.Range 23, adjoinin,Lots 7. 3 and
9, �a�erness,u�hi.ch lie southe�sterly of a line ihat is p�.rallel witb and distanl�40 fect southcasterly
fram the north.westezJy iinc of Fa�er�,ess Point Road. show� on the plat of Tagc:rness as Under che
,Linden Ave;which lie southwesterly of"Line A"dcscribed below;a.ad which lie northo�zsterly ot
a linc drawn parallel with and 77 feel southwes#erly of said"Line A."
(,ine A: Go�nrnencit�g at tl�e most southea�ly corner ot'sa�d Lot 4;thc;nce o�an.assurraed
bearing of Soueh 44 de;g;rees 48 minutes East(assuming that tl�e southcasterly line of said
Lot 9 has a Uearing of NQrth 45 degrees 13 cxlinuces�asl)ta tl,c shoreline of Lake
Minr�etonka,and said linc Lhere ending_
Applicants vs, ZCe�vin D.Mturley;Janet L_Manley;Obio S�vings Banlc FS33; Miibank Insurance Compaiay:
State of Minnesota; City of Orono;Northem States Power Campany;QwesC CorporZtion; ��nd Modiacom
Cocx�munications Corpora�tion
also all heArs at�d devisces of any of the above-nam�d persons w�10 �u'e d�ceased; and all other persons or
partics unknown, ctaiming any right, ricle. estace, lien or intcrest in the rcal e�t�te described in the
Application or ametydments herein.
�e�e:,da:rLs.
TI�E STATE O.0 MINNESOTA TO TH��BUVE-NAMF_D D�CFEI�!bANTS:
You arc hereby summoned and zequircd to answer thc Application of the Appiicr�nts in Che aU�'ve-
entitled proceediz,g and ta �le yovr ansv✓er to the said Applicatioi� in the offce of the District Court
,Ad�ninistrator in said Couniy, u iLhin 20 dzty5 aftcr servicc of thfs Sumrnons upon you exclusive of the d�7}�
of such sez��icc, and i1 you Cdil to 7nsWer the Appllcatian t�ithin the ti3ne afor�said, the ApplicanCs in this
proceedillb��'i1l upp]y to t�e Court far t�ie relicf dez�:�n�ied*1�e.ein.
VJits�ess, llz5trict Calir[Admin�stratoz of said Court. `
�nd the seal iliereof, at Minz�eapolis,in said ,��ttoraeys ior F�ppl;c4r.ts
Dale J. Moe
�
County,tliis �� day of lanuary,2004. Eastlund, Svlstad,Ca.de c�, 1-Iutch.islson, l,t ,
— 4200 County Raad 42 VJcst
, � Sava�e. MN 55?78
�y� � (952) $94-6�3U0
Ueputy
1�9-� ZO/ZO�d 811-1 Z18i8bEll9+ S31111 �0 w�'X3 0� NN3H-woa� weZ�; �� qp_g�_qB�
STATE OF MINNESOTA No. 20703 DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
In the Matter of the Application of
Gary L. Eklof and Cathy Lee, NOTICE OF SERVICE
as joint tenants, BY MAIL
To register the Title to Certain Land
TO: City of Orono, 2750 Kelley Parkway, Orono, MN 55356.
The enclosed Land Title Summons is served pursuant to Rule 4.05 of the Minnesota
Rules of Civil Procedure.
You must complete the acknowledgment part of this form and return one copy of the
completed form to the sender with 20 days.
Signing the Acknowledgment of Receipt is only an admission that you have received
the Land Title Summons and does not waive any other defenses.
You must sign and date the acknowledgment. If you are served on behalf of a
corporation, unincorporated association (including partnership), or other entity, you must
indicate under your signature your relationship to that entity. If you are served on behalf of
another person and you are authorized to receive process, you must indicate under your signature
your authority.
If you do not complete and return the form to the sender with 20 days, you (or the
party on whose behalf you are being served) may be required to pay any expense incurred
in serving a Land Title Summons in any other manner permitted by law.
If you do complete and return this form, you (or the party on whose behalf you are being
served) must answer the Land Title Summons within 20 days. If you fail to do so,judgment by
default will be taken against you for the relief demanded in the Land Title Summons.
I declare, under penalty of perjury, that this Notice and Acknowledgment of Receipt of
Land Title Summons was mailed on February 26, 2004.
�� �_.�
C_ �-V`� v� :�1.,�
�`y�
Alecia Brown
Date of Signature: :7� Ol� `���-�,
STATE OF MINNESOTA No. 20703 DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
In the Matter of the Application of
Gary L. Eklof and Cathy Lee, ACKNOWLEDGEMENT AND
as joint tenants, RECEIPT OF LAND TITLE
SUMMONS
To register the Title to Certain Land
I declare, under penalty of per�ury, that I received a copy of the Land 'I'itle Summons in
the above-captioned matter at the following address.
City of Orono
2750 Kelley Parkway
Orono, MN 55356
���
�-�� �. ���.�
���- (�c;'e�
Relation ip to Entity/
Authority to Receive Service of Process
Date of Signature: 3�i Z��