HomeMy WebLinkAboutLand title summons Confiirmation Report — Memory Send
Time : Sep-12-2001 01:33pm
Tel line : +9522494616
Name : CITY OF ORONO
Job number . 940
Date . Sep-1Z 01:31pm
To . 6123348886
Document pages . 006
Start time . Sep-12 01 :31pm
End time . Sep-12 01 :32pm
Pases sent . 006
Status . OK
Job number : 940 **� SEND SUCCESSFUL ***
04`'��''o ��Z� Of OT''OYLO
m �
�.,r �`
z�so xeiiey�o,-x�.,,Qy
P_O Box 66
Crysta!Buy, MN 55323
(9�2� 249-4600
Fczx: �95 2) 249-46I6
FAX TRANSMiSSION COVER SHEET
z�are= �J'— �� — o/ _
To_ Tv�-x �c���
Fnx: .�p
Re: �S a�szcL ���p --
Sender: ' ��.� �._.e�� '
YOUSHOULD RECEIT�.E' (o PAGE(S), INCL2"TDING' THIS COVER SHEET
IF'YOUDO NOT.REC'F.II/E ALL TFIE PslGES.
PLEASE CALJ (952J 249-4600.
�.�e�� ,et� isn.�- �-�� -�' �u- ��s-�.-e- ��
�.,i- ��- ��� ' �.�_.-•- z� .
,�/Y��� .V �c.-�,,-c��-'�-�-o ��+-- - ���� - -
t'� c�r,.��
r � .
/ /7 1
/ � �/
l G;�,C,t,.�-L�.�L�2- �f ' /�C�
l
No. 20565
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
LAND TITLE SUMMONS IN APPLICATION FOR REGISTRATION OF LAND
In the matter of the Application of
WILLIAM L. DELAY and LORI A. DELAY, LAND TITLE SUMMONS
as joint tenants
to register the title to the following described real estate situated in Hennepin County, Minnesota,
namely:
Lot 6, Fagerness; and the accretions to said lot lying between the
extensions southeasterly to the shore of Lake Minnetonka of the
northeasterly and southwesterly lines of said lot and southeasterly
of the southeasterly line of Under the Linden Ave., as dedicated in
said plat, which southeasteriy line is 40 feet southeasterly, as
measured at right angles, from the southeasterly line of said lot.
Applicant(s),
vs.
Bank of America, N.A.; Stearns Bank National Association; City of Orono; State of
Minnesota;
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 any amendments to the application made in this matter,
Defendants.
THE STATE OF MINNES07A TO THE ABOVE-NAMED DEFENDANTS:
You are hereby summoned and required to answer the application of the applicant(s) in the
above-entitled proceeding and to file your answer to the said application in the office of the clerk of
this court, in this county, within 20 days after service of this summons upon you, exclusive of the
day of such service, and if you fail to answer the application within the time aforesaid, the
applicant(s) in this proceeding will apply to the court for the relief demanded therein.
/s/ Huqh J. D. Bishop WITNESS, District Court Administrator/Clerk of
Hugh J. D. Bishop, 845X this court, and the seal thereof, at Minneapolis
in Hennepin County, Minnesota, this 27'h
Attorney for Applicant(s) day of Auqust , 2001.
Mail Station 39730
Edina, MN 55439-0730
Telephone: 612-590-9000 By: B. J. HeubroCk
Deputy
� ' Aua-15-01 11 ;47am Fran-HENN CO EXAM OF TITLES +61z34838T2 T-565 P.02/06 F-948
N'o.z456S
STATE OT MYNNESOTA DISTRY�'Y' ���T
COUNTY OF��1�INEPI� FU�7R�XI N�ICIAL DISTRIC'�'
N %z 18-117-23 Last T�oc. No. 7506669
Tn the matter of thc �pplfcation of )
)
V�IIi,LIAM r,. �E�,AY and Ld�tT A. DELAY, ) REPORT OF EXAMTNER
as joint tenanTs, )
�
Ta Register the Title to Certain X,,�xnd )
TO THE H(7N'd�.A.�LE JUDG�S O�THE DISTRICT CO'C]lt'T' OF HEl�'NEPIN COUNTY:
Pursuani �o an Qrder heretofore entered in the above-entitled cause whereby said
case was referred to the undersigned Bxtuniner o#�Titles ta examine into the title of rhe
Applicant in and io the land described in �he Application, and into the truth of all matters
set farth therein, and particularly whether or not the land is occupied, and, if occupied,
ihe nature thereof, and by what right the occupation is held, and alsa whG�lzer or not any
judgments against Applicant or tk�pse 'Chrorxgh whorn ApplicAnt claims tiile, exist, which
�nay be a lien upon thc l�ld described in the Application, and to seareh al]public records,
and fully invesiigate a11 facts pertaining to the title which l�ave �ecn brought to my
notice; and ta make report in writing to the Court of the substance of the prodf and �ile a
report thereon, including a Certificate of opinion upon the ritle; I, s$id Examiner af Titles,
a£ter also ha�ving had said land inspected by the County Surveyor and having examined
The records indicated on all the abstracts fi]ed h�rein, do no�uv report as fo114ws:
1. At the time of the�lin�ot'the Application herein, the said Applieants, Willi�m
L. DeLay and Lori A. �ela�, 'uvEr� the record owners, except as lZer�inafter noted, in fee
simplc of the cerl'ain lands in the County of Hennepin arid Stare of Minnesota descriUed
in said Application and as fallows:
Lot 6, Fagemess; and tl�e accretians ta said lot lying between the
�xtensions southeastcrly to t1�e shore of Lake Ivlinnetonka of the
northeasterly and south�esterly lines of said lot and soutl�east�rly
of the southeasierly line of�7nder tlze Linden Ave.a as dedicated in
said plat, which southeasterly lin� is 40 fcet southeasterly, as
measured at right angles, from the scutheasterly li�r�e of said lot.
1
� Au�-15-01 11:47am From-HENN CO EXA� OF TITLES +6123483872 T-585 P.03/05 f-949
2, "�lze Inspection Report of the County Survey�r on �ile herein discloses and the
applicant alleg�s at Paragraph "F" that the within land�s oecupied by applicanis.
3. The records of the Hennepin County �ecorder discloses mortgages which
should be shown in concludin� statements in the "subj�et clause" o� the Decre� as
follows:
A Mortgage in favor of�ar�k of�lmerica, N.A.., dated May 25, �000, and
recorded J'une 21, �p�0, as Cou�zy 12ecorder Dac. No. 73I378.5 ro seeure
the principal sum of$38Z,000.p0.
A Morrgage in favor of 5tearns Bank�ational Assocration., dated May ZS,
2000, and r�ecorded June 29, 2000, aS COurity RBGOrder DOC. No. 7317458
to secure the pran�ipal stlJ�! af$1 SO,aao.oo.
I therefoxe recommend Bank of Americ�, N.A. axxd Stearns Bank National
Association as defendants herein.
4.I note the followiag epcumbrances, defects and irr�gul�rities:
(A) A. camparison of the or�ginal plai of Fagernass with the Cauniy Surveyor's
Half Section sheet makes it clear that partians of the land sought tp be re�istered herein
rnay have been, in the past, within the bed Qf Lal�e Minnetonka. Pursuant to 1Vlinn. St�C,
§SOS,1S, T hereby r�GQrnmenc�that the State of MiAnesota be made a defendant herein s�
tY�at there mAy be evidenc� at the heArzng ta support a finding in the Decree whether it
claims an interest in the fee tYzle to any portian of the within lan�l which may be within the
former bed of the lake.
(b) Although the width is not shawn on the original plat, the abo�ve legal
description makes an implicit determination that the width af Under the Linden av�nue as
dedicated in the plat of Fagerness is 40 feet. I therefare r�commend that the City o!
Orana ba made a defendant herein sa that there may be evidenGe at the hearing to
suppQrt � #�in�.ng in the Decree that FageYrress Foint Road, dedicated Yn the plat af
Fagerness as Uncier the Linden avenue, is open and in use to a widrh of 44 feet and chat
2
' Aua-15-Ot 11 :46am From-HENN CO EXAM OF TITLES +61234938T2 T-565 P.04/05 F-949
accretions along rhe southeasterly boundary of said road are not su�rjecX to a dedicac�on
far street purpdses..
(c) Entry no. $9 of Yhe abstract disclose the record of a vari<ince relativc to t17e
withi�a land granted by the City of Orono. This variance states 'Chat it ru.ns witl3 the land
and is required to be shawn in the chain oPtitle. r therefore recommend that tlle "subject
clause" of the De�ree contain the�'ollowing concluding statement:
To ahe terms and eonditions of variances gr�inred by the City df
Orano contained in County Recorder poc. No. 5307192.
(d) The T,nspeGtion Repart af the Count�r Survey�r on f�le herein discloses no
encroachments
(e) �efore �che Petition and Qrder for Summons is prepared applicant's �tt�orney
m.ust fiie th� usual judginent, bankruptcy and tax lien searches As to: Thomas O,
1Vlortenson, Patricia A. Mor�enson,William�-. DeLay and Lori A.l)e�.tt�.
When this has been done it should be brought to your examincr's attention sa that
lle m�y recommend any additional defendants by Supplemental Rcport.
5. That the parC�es defendunt ln said cause should be:
Bank of America, N.A.
Steams Bank National Association
State of Mir�t�esat�
City of Orono
[see�(e)as to se�rcl�es required]
alsa a11 heirs and devisees o£any di the above-narned persons who are deceased; and all
other persons or parties unknawn claiming an� rigkit, title, estate, lien ar interest in the
real estate described in the 1�pplication or amendments herein."
6. That the market value af ihe land exclusive of irnprovements is $213,000.00.
3
' A'ua-16-01 11:46am From-HENN CO EXAM OF TITLES +81234838T2 T-565 P.05/05 f-949
7. That all th� material al�egations contained in the said ApplicatiQn are
subst�ntially true, as h�rein stated, except as hereinabove found a.nd that applicant is
entitled to the reli�f prayed for upan correc�ing the irregularities and defects above
narned.
Respectfully submitted this 15th day of August.2001. �
$D�V'A� A, �Q��,7r., Examinar of Titles
By Danald H. or strom, eputy
4
No. 20565
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
In the matter of the Application of
WILLIAM L. DELAY and LORI A. DELAY, ACKNOWLEDGEMENT
as joint tenants, OF SERVICE OF
LAND TITLE SUMMONS
to register the title to certain land
in Hennepin County, Minnesota, described
in the report or reports of the Examiner of
Titles on file herein.
ACKNOWLEDGM�CNT BY NAMED DEFENDANT
Comes now the undersigned, being the City Clerk of the City of Orono, a defendant in
the above-captioned matter, and after being duly sworn does say on oath that on
September 10 , 2001 I received a copy of the land title summons issued by the above
court in the above-captioned matter, and I hereby acknowledge on behalf of the above-
named defendant that as of this date the defendant has been duly served with the land
titie summons.
Dated: ��.����,b-��' �� , 2001
T
' - � �.�
[Signature of officer]
L:h��. S. Uee , �'',���'i�r/_
[Print ame of offi er and titleJ
[ Page 1 of 2 ]
STATE OF MINNESOTA, COUNTY OF HENNEPIN ) SS
The foregoing instrument was subscribed and sworn before me this September !0 ,
2001, by L��nc1� s. �� , who is the City Clerk of
the City of Orono, a body corporate and politic of the State of Minnesota.
�-f�c� �. ����C l.�cc<"�---
Notary Public
� E
Notary Seal: �.�����,, irOiARY��'��
���,�3t,2005
[ Page2of2 ]
H U G H B I S H O P
September 6, 2001
Via email to:
City Clerk e-mail: LVee@ci.orono.mn.us
2750 Kelley Parkway Phone: 952-249-4600
Orono, MN 55356
Re: Initial Application to Register Title
William L. DeLay and Lori A. DeLay
Case 20565
Dear Lynn:
Attached to this letter or email are the following:
'` Acknowledgment of service (for signature and return via fax and maii)
" Land title summons (the document being acknowledged as received)
" Report of examiner of titles (showing why the City is named)
Would you be so good as to have the first document signed before a notary and fax it back to
1-877-281-8168 and also mail the hard copy via U S Postal Service to: ,
Hugh Bishop �
Mail Station 39730
Edina, MN 55439-0730
Thank you very much for your attention to this—your acknowledgment saves our having to incur
the cost of a sheriff or other process server to visit your offices in order to hand you a physical
copy and then make an affidavit of having done so.
Cordially yours,
Hugh Bishop
5508 wesr 66T" STREET MAIL STATION 39730 ' EDINA, MN 55439-0730
HughB_ishop�a_Settl_e_mentCounsel,net Fax: 877-281-8168 PHONE: 612-590-9000