HomeMy WebLinkAboutRe: notice of adverse claim-2012 . �
Christine Mattson
From: Stefan, Tracy(TRG) [Tracy.Stefan@BurnetTitle.com]
Sent: Wednesday, May 30, 2012 1:23 PM
To: Christine Mattson
Subject: Need to get a discharge of a notice of adverse claim filed on a property
Attachments: 201205301319.pdf
Hello Christine -
I also left you a voicemail about this, so you can disregard that if you haven't already heard it.
We are assisting David and Kathleen Daniels with the sale of their property at 710 Gander Road, Orono. The
title work shows that there is a notice of adverse claim that the City of Orono filed on the property in 1991.
We need to get a discharge of the notice in order to proceed with the closing. I have attached a copy of the
recorded Notice of Adverse Claim as well as a copy of the title commitment. The item in question is Schedule
B - Section 1, #3.
Can you please get us the discharge we need? If not, can you please direct me to the correct person? We
would like to obtain the original so we can record at the closing rather than having the city send it directly to
the county.
Thank you for your assistance!
Tracy L Stefan
Closing Assistant •
Burnet Title (� 1 / �
201 East Lake Street �(} �` `��v �
Wayzata, MN 55391 " � �
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Phone: 952-475-0340 �� � ,.�^ 'l�
Fax: 952-475-0592 � 1` � ,n �'
Tracv.Stefan@BurnetTitle.com c� ` � �i` `�'(�_
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-----Original Message----- ,(V(1�
From: WayzataD@burnettitle.com [mailto:WavzataD@burnettitle.com] � �
Sent: Wednesday, May 30, 2012 1:19 PM
To: Stefan, Tracy (TRG)
Subject: Message from "RNP0026733F4A92"
This E-mail was sent from "RNP0026733F4A92" (Aficio MP 5002).
Scan Date: 05.30.2012 13:19:22 (-0500)
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NOTICB OF ADVEB9E CLAIM
NOTICE IS F�REBY C�ZVEN, tha� the undersiqned, on behalf
of THS C�7`Y OF OROffiO, a Minne�tota t�CuniCipal corporatioa ("City")
ciaim� aa 3.n�erest 3n a certain parcel ag reqiatered land
loaated in the County of &enn��in and State o£ Minnseota, which
pazcel is ;legaliy 8escribed on Eshibft A atitach�d hereta,• ,
incarporatec� herein by rafexeacs (hsrefnaEter referrsd to as �
"Property"), and �hat said parcel is desazibed in Certific$tes
of T3.tle 1�os. 741349, 741350 and 7419i5, vn �31e• ia the office
of the Regi�trar of Ti�les in and for said.�ennepin Coua�y i
("PYOPexty'). �
The undarsigaed being fir•st duly sworn or� oath, says:
......_.. ..,, .
7,. That the princ3�a1 place �Cf busi:n8��C'�'the adverse . • - �--�
claimant is 1335 South Bxawn Aoad, Orono, Minneso�a 85323 and
a1.1 noticsa tnaY be s�rv.ed ugou tha City CJ.erk at su�t� address.
2. Tha� lanB contafnQd within a�igir�a�. Csrtificate of .
Title 677068 was gubdfnided by owner Dennis Rumlin as evidenced , .
by the plat af Foawood 8econd Additioa, tiled December 21, x989
as Document I�o. 2061853.
3. That a DevelopAt's AQseement, a�taChed hereCo as , �
Exh3bit 8, requiriag aonBtruc�ion gf a,road over the I�ro�e=tp,
was euecuted by Mr. Kumlin and the City, as par� �oE a oondition
gar subdivision, on Deaemher 19, 1989 and ►Tanua�y 8. 1990,
respectiv�ly. '
� 4. That subsequent to hia e*eaution of the Devela�er'g
Aqreetaeat, a partion of the Property was ooz�ve�ed f�om �ennis
Rumlin to Joha Rhetts by Deed dated DeOember 2]., 1989, �i1sd
Jaauarp 4, 1990, with the..Herinepin County xe9is�rar of Ti�.Ies as
Docuzaent Ro. 2p64822 and memosiali��d oa Cextiftcate of Title
I1o. 791915.
_.._.�' ..---- — "5:�bfa�'�'he C�,'�p'subruittie8 'a Consent"�o'the �Dev�idper's• .. . ,
Aqreement to Mr. rthetts for esecu�on and fil�ng, bu� he would
not aiqn it. �
6. That the road has not beea cvnstructed to date upon
the Property, and thereSore the City wishas to file tibe attac8ed �
Develagez'•s Agzeement in the chain of title �o the Pro�ertY to �
put others oa acti.c� o� tYte Agreeineat to construct the road.
7. That it ie in tha publia's best interest to bo
inEormed of �he Dsveloper's Agreement aac3 obligation oE the
devslvper to conatruct e road improvesneut upvn the Progertx• . .
8. That the City has made its Y�est efforbe to £ile the
Devel,apar's Aqreement by at�emptinq to ob�aia a Consea� from ,
�tr. RY�e�ts. •
� vao �Ni�
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� CopuiY Exe� ne�of Tictea
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9. Rn adversa alaim has.arisen �subaequent �a the �3lin�
of the deed hetween Mr. Kivalin and Mr. Rhetits, as aited. above,
�n� no grovisio»� is provi8ed ia Chapter SOB of D�f�in��dta
5tatutes E'or otherwise reqi��ering said adverae claim.
' Da�ea: Sept�mber �, , ].99�
CZ�'SC OF OItONO
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``;�`,���'`' °�': By
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, _,��1�..s���+� •°�•:ri�� .., _ .,....._...-+..•�. �w•�•••• . .•��_ Y _ . , /j �
}t.•.�l'7�'.9 y �. �5�� b I����'�w'^^�V ' ' .�-.
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xts: tv clerx
STATE 08 MII3NLSOTA)
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COUNTY OF HENIY��IN)
8arbara A. Pe�ereon 8nd ' Dorothv M. �13.in _, heinq
firg� duly sworn, s�a�ea �ha� �hey are the� rtavor
an�, City Clerk , of the Cx�y of OronC, a Minaegota . ,
r[uniaipal Coxporatian, the Adverse C aimant �eref.n; that�they
have sead �he fdrsgoinq Na�fan of Adverse Claim ari0 that thq
etatecaents �here.in are true to their own kziowledqe, b�.aed upoa
3nfozmation and belief, and as to that in�ormatic�n dnd belief�
they believe tho statements tio b� �rue.
CITY OF OS'tONO
_�..._.— .� . . .. _.___.._.._...... ._._.�..._........,__.r, _ .,.• - .�. . - ' .. ._ .._,v-'-
BY
Y • Mavo�,,,
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. BY �
Its:
Subearibpd anB sworn to be�ore. me '
t�sis5 � �ay of j�mb�r . 1991.
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'�'Q�' LTNDA S� y�
No� sy Pub�ia �Hr N EPIN c UI��
Nry ooiom Q-t2•os
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THI$ INSTBLT�NT WA8 DRABTSD BY:
Popham, Ha3k, Schnobrieh & Kautman, Ltd. '
3300 P3per Jatfra� Towes
- 222 8outh Ninth Strset
Mianeapolis, DMi 55402
1145NEH
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�xxi8z� A ,
OU'1'7+OT A, FOXWOOD SECOI�D ADDI�ION
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Old Republic Title Insurance Company
Issued by its Agent, Edina Realty Title, Inc.
COMMITMENT
SCHEDULE A
Case No.: 1033587
1. Effective Date: April 29, 2012 at 7:00 AM
Amended: No.:
2. Policy or Policies to be issued:
(a) Owner's Policy (ALTA Homeowner's(02/03/10)) Amount
$750,000.00
Proposed Insured: Amy M. Matthews and Aaron H.Doering
(b) Loan Policy (ALTA Standard Loan Policy(6/17/06)) Amount
$637,500.00
Proposed Insured: Wintrust Mortgage,a division of Barrington Bank and
Trust Co., N.A., its successors and/or assigns as their
respective interests may appear.
3. Title to the Fee Simple estate or interest in the land described or referred to in this Commitment is at the
effective date hereof vested in
David L. Daniels and Kathleen B. Burns
4. The land referred to in the Commitment is described as follows:
Lot 2,Block 1;
An undivided 1/3 interest in and to:
Outlot A,
Foxwood 2nd Addition, Hennepin County,Minnesota
Edina Realty Title, Inc.
r�.��� `l
Authorized Officer orAgent
Old Republic Title Insurance Company
COMMITMENT
SCHEDULE B -Section I
Requirements
The following are the requirements to be complied with:
1. A deed from David L. Daniels and Kathleen B. Daniels f/k/a Kathleen B. Burns,husband and wife to Amy
M. Matthews and Aaron H. Doering must be signed and recorded.
2. A mortgage from Amy M. Matthews and Aaron H. Doering to Wintrust Mortgage,a division of Barrington
Bank and Trust Co., N.A.in the amount of$637,500.00 must be signed and recorded.
_�
3. �1 Appearing of record is a claim of unregistered interest recorded September 23, 1991 as Document No.
i 2204996. Verify with the Registrar of Titles office that this document will not be carried forvvard to the next
��--� certificate of title. � � , � , '` . � /� ; . � �, ,� � ,-7�``; �„ �
� �
� � �L� �� �`_'y �i'���'r i �' '� t,�' ��S i� � l/�.; ,.� � ��� ,l/ e� � L'��� � 1 1 �i �� I�`��:
�� ,
4. Matters which a physical inspection would�disclose. The Company has ordered a plat drawing and/or �,�; � � /
inspection and there may be further requirements prior to closing. If you do not receive an endorsement . � •
stating further exceptions and/or requirements with your plat drawing,this item will be automatically �G�.%`✓�j�'"
deleted. � ��
�,,��,;, -.._.� �
5. Edina Realty Title's"Affidavit by Selle�'or an affidavit of similar form must be signed at the closing.
6. Edina Realty Title's"Affidavit by Mortgago�'or an affidavit of similar form must be signed at the closing.
7. A completed Certificate of Real Estate value must accompany each deed or conveyance which is to be
recorded.
8, VERIFY PRIOR TO CLOSING THAT THERE ARE NO UNPAID WATER/UTILITY CHARGES ON
SUBJECT PROPERTY.
9. Pursuant to Intemat Revenue Service requirements, Edina Realty Title requires that every seller in a real
estate transaction fully complete and execute a"Certification for No Information Reporting on the Sale or
Exchange of a Principal Residence."
10. A completed Well Disclosure Certificate must accompany each deed or conveyance which is to be '
recorded;or,the deed must certify that there are no wells on the property. For Well Certificate: Contact �
the Abstracting Department at 952-928-5234 for the'/.,%s, Section,Township, Range location information. '
11. The following is for informational purposes only:
If the buyers do not wish to purchase an Owner's Policy of Title Insurance,they must sign Edina Realty
Title's"Notice of Availability of Owner's Title Insurance"at the closing.
If the gap period is to be insured,this transaction must be closed by Edina Realty Title.
Coples of documents referenced in this commitment are available to review upon request. Please contact
our Customer Service Department at 952-928-5200 if you would like a copy of a document.
This commitrnent is invalid unless the Insuring Provisions and Schedules A and B are attached.
Commitment(Schedule B-Sectlon I) 1033587
SCHEDULE B -Section I
Requirements
(Continued)
INFORMATIONAL NOTE:The property to be insured is Torrens Property.
The Certificate of Title Number is 820447.
CHAIN OF TITLE: David L. Daniels and Kathleen B. Daniels,husband and wife acquired the subject
property on February 7, 1995 as shown by the deed recorded as Document No.2588060.
If there are any questions concerning this Commitment, please contact our Customer Service Department
at 952-928-5200.
Commitment typed and examined by drp on 05/24/2012.
�
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This commiVnent is invalid unless ihe Insuring Provisions and Schedules A and B are aKached.
Commitment(Schedule B-Section I) 1033587
Old Republic Title Insurance Company
COMMITMENT
SCHEDULE B -Section II
Exceptions
The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the
satisfaction of the Company.
1. A. Any encroachment, encumbrance,violation,variation,or adverse circumstance affecting the Title
that would be disclosed by an accurate and complete land survey of the Land.
B. Rights or claims of parties in possession not shown by the public records.
C. Any lien,or right to a lien,for services, labor, or material heretofore or hereafter furnished,imposed
by law and not shown by the public records.
D. Defects, liens, encumbrances,adverse claims or other matters, if any,created,first appearing in the
public records or attaching subsequent to the Effective Date but prior to the date the Proposed
Insured acquires for value of record the estate or interest or mortgage thereon covered by this
Commitment.
E. Easements, or claims of easements,not shown by the public records.
F. Taxes or special assessments which are not shown as existing liens by the public records.
2. The following exception will appear on an Owner's Policy to be issued:
No coverage is given for unpaid utility and water bills, if any,which are not a lien on the subject property.
3. Taxes due and payable in the year 2012 in the amount of$7,489.40 which are one-half paid and one-half
due and payable. The base tax amount is$7,489.40.
The real estate property ID or Plat and Parcel Number is 04-117-23-44-0005.
The 2012 taxes are homestead. No representation is made regarding subsequent years'homestead tax
statu s.
4. There are no pending or levied county or municipal assessments affecting the property as of the date of
closing, No coverage is given for any pending or levied assessments which arise subsequent to the date
of clasing.
5. Subject to an easement in favor of the City of Orono for public ingress and other purposes as shown in
Document No.2061856.
6. Terms and conditions of the driveway easement recorded as Document No. 2061857.
7. Subject to a flowage easement in favor of the City of Orono recorded as Document No.2061858.
8. There is an easement for drainage and utility purposes over that part of the property as shown on the
recorded plat.
This commitment Is Invalid unless the Insuring Provisions and Schedules A and B are attached.
Commitment(Schedule B-Section II) 1033587
SheRa L Criswell 05/17l12 12:18:54 PM 0
Edina Realt ' II
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www.edinarealtvt 1043Edina Realty Title 1033587A
6800 France Ave S,Sulte 410,
Phon�: (952)928-5200 Fax: (952)928-5198
�LAT AND SPECIALS ORDER FORM
To: Access Informatlon Systems
From: Edina Reaity Title
Ffle No.: 1033587 .
Buyer Name: Amy M.Matthews and Aeron H. Doering
Seller Name: David Danlels and Kathleen Daniels
Estimated Closing Date: June 15,2012
Property Address: 710 Gander Road;iAFe�et�,MN 55391
County; Hennepin ��0
PID Nos.: 04-117-23-44-0005 ,
Legal Description: Lot 2, Block 1, Foxwood 2nd Addition, Hennepin County, Minnesota
Additional Comments:
Please perform the following searches on the above propetty:
m Plat Drawing
O Inspect(on
OO Special Assessment
O Foreclosure Search
❑ City Assessment Search ,
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Piat And Speclals Order Forrn ,,,�.in�1033687
M?�P����..t�, .