Loading...
HomeMy WebLinkAboutstipulation/city/homeowner p�o��� , . �,�� l� � POPHAM, HAIK, SCHNOBRICH, KAUFMAN & DOTY, LTD. � 4344 IDS CENTER MINNEAPOLIS� MJNNESOTA 55402 TCLEPMONE AND TELECOPICR 612-333-4800 WAVNE G. POPHAM BRUCE D. MALKERSON ROBERT C.MOILANEN 2060 PETRO-LEWIS TOWER ROGER W.SCMNOBRICH JAMES R.STEILEN STEVEN G. HE�KENS 717 SEVENTEENTM STREET DENVER KAUFMAN JAMES B. LOCKHART THOMAS F. NELSON DENVER,COLORADO BOZOZ ' DAVID 5.OOTY ALLEN W. MINDERAKER THOMAS J. RADIO TELEPMONE AND TELCCOPIER . ROBERT A•MINISM CLIFFORD M.GREENE DAVID L.HASHMALL 303-292-2660 ROLFE A.WORDEN D.WILL�AM KAUFMAN KATHLEEN M. MARTIN G• MARC WHITEHE.�.D DESYL L.PETERSON JOHN C•CHILDS BRUCE O.W�LLIS MICHAEI O. FREEMAN DOUGV.S P. SEATON SUITE 002-2000 L STREET,N.W. FREDERICK 5• RICMARDS TMOMAS C.D�HOU�LA BFUCE B. MCPHEETERS WASHINGTON, D. C. 20036 G. ROBERT JOMNSON LARRY D. ESPEL (iARY O.BV.CK�ORD TELEPMONE AHD TELECOPIER GARY R. MACOMBER JANIE 5. MAYERON SCOTT E.RICMTER ?p2-gB7-5154 ROBERT 5. BURK DAVID A.JONES GREGOFt� L.WIlMES HUGH V. PLUNKETT,SII LEE E.SMEEMY ELIZABETH A.TNOMPSON FREDERICK C. BROWN LESLIE GILlE7TE OF COUr�SEL TMOMAS K.BERG MICHAEL T. NILAN FRED L. MORRISON May 15, 1984 Mr . C. Steven Wilson Gray, Plant, Mooty, Mooty & Bennett 3400 City Center Minneapolis , MN 55402 Re: Harrison R. Johnston, Jr. Land Registration Court File No. 19049 Our Client: City of Orono Dear Mr . Wilson: Enclosed please find three copies of a proposed stipulation between your client and the City of Orono. Through this stipulation, the City of Orono agrees to your client ' s land registration proceeding subject to your client agreeing to register his land subject to existing easements in favor of the City of Orono and conditions as imposed upon his property when he platted it. The next Orono City Council meeting is May 30, 1984. I am sending a copy of this letter and copies of the same stipulation to the City Manager , Walter Benson, so he may distribute these documents to the councilmembers well in advance of the Council meeting. I realize that May 30 is beyond the extension date we had originally requested from you. If you have a problem with this extra time allowance, please contact me immediately. I have also spoken to Mr . Benson about your request to have Mr. Benson be a potential witness at your client 's land registration hearing. I discussed the matter with Mr . Benson and May 15 , 1984 Page 2 he responded that he would agree to testify at your client 's hearing. Mr . Benson requested that as soon as it is known when he will be needed, he would like to be contacted. Either you can contact me and I will contact Mr . Benson or you .can contact him directly at 473-7358. Should you require anything further or if you have any questions , please contact me . Very ruly yours, C ' ncy E/. Husnik egal Assistant NEH/jf Enclosures cc: Leslie Gillette, Esq. Walter R. Benson Bruce D. Malkersan Esq. 4462j STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT In the Dlatter of the Application ) of Harrison R. Johnston, Jr . and ) No. 19049 Elizabeth Crosby Johnston, as ) joint tenants , Original ) Applicants and Robert J. Dayton ) STIPULATION and Joan L. Dayton, as joint ) tenants , Cross Applicants . ) WHEREAS, Harrison R. Johnston, Jr . and Elizabeth Crosby Johnston applied to register the property described in the Report of Examiner herein and Robert J. Dayton and Joan L. Dayton, filed a cross-application herein (all of whom are collectively referred to as "Applicants" ) ; and WHEREAS, the City of Orono, a municipal corporation, is one of the named defendants in this land registration proceeding; and WHEREAS, the City of Orono wishes to assent to this application for land title registration under the terms and conditions specified below. , NOW, THEREFORE, IT IS AGREED: 1 . Applicants agree to register title subject to the following: a . Drainage and utility easements as dedicated in the plat of Johnstbns French Lake (now as to Lot 4, Block 1, Lot 1 , Block 3 and Outlot E, Johnstons French Lake Second Addition) . b. Drainage easements as shown in the plat of Johnstons French Lake Second Addition (as to Lot l , Block 1, Outlot A, Outlot B, Outlot C, Lot l , Block 2 , and Outlot D) . c . A flowage and conservation easement and waiver of damages in favor of the City of Orono, a municipal corporation, dated November 2, 1979 and filed for record November 5 , 1979 and recorded in the office of the County Recorder as Document No. 4518449 (now as to Lot 1 , Block 3 , and Lot l, Block 4, Johnstons French Lake Second Addition) . d . A flowage and conservation easement and waiver of damages in favor of the City of Orono, a municipal corporation, dated October 25, 1979, filed for record November 6, 1979 and recorded in the office of the County Recorder as Document No. 4518825 (now as to Lot 1 , Block 2, Outlot C, and Outlot D, all in Johnstons French Lake Second Addition) . e . A flowage and conservation easement and waiver of damages in favor of the City of Orono, a municipal corporation, dated January 24, 1983, filed for record February 22, 1983 and recorded in the office of the County Recorder as Document No. 4773224 for the following described land: The drainage easements and wetlands as shown on the plat of Johnstons French Lake Second Addition, together with any wetlands which are or may be nade a part of any lot or parcel in the plat of Johnstons French Lake Second Addition by the recision of the open water of French Lake and/or the acreation (sic) of such lands to any such lot or parcel. f . An easement for public ingress, egress, access , road and utilities purposes and uses dated January 24, 1983 , filed for record February 22, 1983 and recorded in the office of the County Recorder as Document No. 4773223 (as to Outlot E, Johnstons French Lake Second Addition) . -2- . g . Conditions as set out in the Resolution of the City Council of the City of Orono dated January 24, 1983 , fiied for record February 22, 1983 and recorded in the office of the County Recorder as Document No. 4773221, to wit: l . All lots will access via French Lake Road with no direct access permitted to Willow Drive (as to all Lots ) : 2.a) Outlot A must remain under joint ownership with Lot 2, Block l, Johnstons French Lake Second Addition. b) Outlot B must remain under joint ownership with Lot 3 , Block l , Johnstons French Lake Second Addition. c) Outlot C must remain under joint ownership with Lot 4, Block l, Johnstons French Lake Second Addition. 2 . In consideration of Applicants ' agreement to register title subject to the above recitals , the City of Orono hereby assents to the registration. Dated: , 1984. CITY OF ORONO By Mary Butler Its Mayor GRAY, PLANT, MOOTY, MOOTY & BENNETT By C. Steven Wilson 3400 City Center Minneapolis, Minnesota 55402 Attorneys for Applicants -3— STATE OF MINNESOTA ) ) ss . COUNTY OF HENNEPIN ) Acknowledged before me this day of , 1984, by Mary Butler , the Mayor of the City of Orono, a Minnesota �unicipal corporation, on behalf of the corporation. Notary Public 4442j . .-4_ � . • '