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Home My WebLink AboutRe: info from former city attorney HINSHAW u :� �; '_ � ;'� �� r > c:� N I.. L. P ATTORNEYS AT LAW 333 South Seventh Street June 17, 2009 s��te 2000 �� Minneapolis, MN 55402-2431 I)j?. Mr. William Wells ��,� ? � ��;��'' 612-333-3434 City Administrator 6�z-s3n-assa(faX) Clty Of 01'0110 C'�T��F �i'i(,`i'�,;(� `NWWhinshawlaw.com Orono Village Hall 2750 Kelley Parkway Crystal Bay, MN 55323 Re: Recorded Documents Dear Mr. Wells: Before your titne, my firm had represented the City of Orono in various matters. In that regard, I am enclosing the following documents that I recently received back from the Hennepin County Taxpayer Services Department, which were recorded back in 2005: 1. Original Resolution No. 5274; and 2. Copy of a Discharge of Notice of Lis Pendens and accompanying papers regarding fee owners Troy D. Anderson and Catherine A. Anderson's property. Should you have any questions, please feel free to contact me. Very truly yours, �___ HINSHAW CULBERTSON LLP � �Yz-t c`��- Thomas J. Radi 612-334-2653 tradio@hinshawlaw.com TJR:jbm Enclosure 121239843v] 7048395 ADMINISTRA Arizona California Florida Illinois Indiana Massachusetts Minnesota Missouri New York Oregon Rhode Island Wisconsin s�Y�� - �Y�� tl �o L�'' � � i3 STATE OF MINNESOTA ��11;�+{;1� I�ISTRiCT COURT COUNTY dF HENNEPIN FOURTH J'UDICIAL DISTRICT CASE TYPE: CONDEMNATION Court File No. CD-�66 IN THE MATTER OF CONDEMNATION DTSCHARGE OF N4TICE SY THE CITY �F ORONO OF CERTA.IN OF LIS PENDENS LANDS LOCATED IN TI�E CITY OF ORONO . .p The undersigned, Thomas J. Radia, attorney for Petitioner, hereby certifies that a �`' N � -- - � ce�tain notice of lzs pendens, in the above-eztit�ed ac�i�n, which has heezz pending in the � F-+ abave-named court and which affected, involved, and brought in question the real estate, � situate in the County of Hennepin, State of MznnesoCa, more particulazly described in Exhibit A attached hereto and made a part k�ereof, c�vhich was dated July 25, I997, and was �'iled for record in the of�ce of the county recorder of said county of Hennepin an July 29, 1997, as Docum�ent No. 6764383,.is hereby discharged and said action has been dismissed. The county recosder 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 � J �� of , 1998. �`c -.HINSHAW& CULBERTS�N � ..._ . ..._ _. r �� $y ' L=�l'il-{l" Thozxzas J. ad' Reg. No. 137029 ; � 3200 Pipe ffray Tower _ ; 222 South Ninth Street MinneapoLis, MN 55402 (612) 333-3434 AtCorneys for PeCitioner City of Orono 057/14139740 1l7/98 �l�1�� •�V.,Lt��' .;��e,�' ;�;;,;�4',�,�'' • +,'`�;yt"•:�. 3TATE OF MlNNESOTA,COUNTY OF IiENNEPIN � (y��""'"�y� j;,, �, CertfAed to be a truo and cor�ect copy of ihe � �4s p��(ti��' ! Y ��T`��f original on A and of reoord in oi�ce �R � .. � R 8 Z00�5 �+:�r � �� ,�x, + �f�� MICHAEL H. N F, COUN?Y RECOR4ER ��;+ � n k�:,,t `-'� ;:� � �;,� , . M �� .ti,�'i_; �: ;,�r �, �- _. �.� � , v� :�-.,;_•-r.• <>:� ��,''••......•�•�'�:�' ��`� ;V �Fn��,� ,�y: �"�:aY�t�� . STATE OF M3IVNESOTA ) ) ss. COUNTY OF HENNEPTN ) The foregoing.instrument was acknowledged before me, a notary public, this 8th day of January, 1998, by Thomas J. Radio, of Hinshaw & Culbertson, axtorneys for the City of �rono. � � o Public THIS INSTRUMEN'T WAS DRAFTED BY: _ ■ _.. . _ . . y JENNtFER B.McCANNELL � Hinshaw & Culbertson . - Nos�r Pueuc•�xNr�sori► OAKQTA COilNTY 32U0 Piper Jaffray Tower . � � r�yc�rm�Exqre,,r,,,.s�,zaoo 222 South Ninth Street " " Minneapolis, NiN 55402 {b12) 333-3434 os7nais�ao in�s � . . , , _ _ . . � . � •'• ,.a� � - . �. STATE OF MINNESOTA DISTIZICT COURT COUNTY OF HENNEP�N � FOLJRTH JUDICIAL DISTRICT . . . CASE TYPE: CONDEMNATION � Court File No. CD-��'�� ? IN THE MATTER OF CONDEMNATT�N NOTICE OF LIS PENDENS BY THE CITY OF ORONO OF CERTAIN LANDS LOCATED IN THE CTTY OF ORONO � T4: . COUNTY RECORDER AND REGTSTRAR OF TTI'LES FUR.HENNEPIN C4UNTY, MINNESOTA: � Notice is hereby given tYzat on 7uly 28, 1997, the City of Orono filed a Petition ' attached as Exlubit A in the Office of the Adminis�rator of the District Court of Hennepin Counry, Fourth Judicial District for the condemnation, pursuant to Minnesota Statutes Chapter 117 of certa.in interests in property situated in Herznepin Counry, Minnesota, as more � particulazly described in the Exhibits attached hereto aind made a part hereof, for the purpose of acquiring the property interests described therein. No state deed tax zs due the State of Minnesota on this instrument. Dated: 7 , 1997 HINSHAW & CULBERTSON . B � �c,d�� Y � . Thomas J'. B ett Reg. No. 4911 Thomas J, dio Reg. No. 137029 3200 Piper Jaffray Tower. � 222 Ninth Street South Minneapolis, MN 55402 � (512) 333-3434 � � Attorneys for City of Orono � This Petition was drafted by Hinshaw & Culbertson, Attorneys at Law. � US71t41365327125/97 � . �x��$�� I� � - � � , . . '-a+, � , . . , • . . ,�� . , . STATE pF MII�TNESOTA ) ) ss. COUNTY OF HENNEPIN ) . The foregoing instrument was ackn wledged before me, a notary public, this�th day of _ . T997, by�.bnns�s • of Hinshaw & Culberison, attorneys for the Ci f o. � � . ��1 d . ot Public � � � THIS TNSTRUMENT WAS DRAFTED BY: � Hinshaw & Culbertson '� ' 3200 Piper Jaffray Tower JENNIFER B.MaCONNQI ` NOTARYPUBUC-MINtiE8C771 222 South Ninth Street DAKOTA COUNI'Y Ivlinneapolis, MN SS402 � . :� Wr��n•�ra.st,toco (612} 333-3434 �` " OS7/14I365327l25/97 2 � . , , . . . ' " . . • "^� �. � , ' . �:'. STATT OP MII�NCSOTA IllI5TRICT CQURT COUI�FTY OF HENNEI'IN FOURTH JUDICIAL DISTRICT • CASE TYPE: CONDEMNATION Court File No. CD-2428 IN THE MATTER OF CONDEMNATION . CONDEMNATION PETITION AND BY THE CITY OF ORONO OF CERT.A.Il�� MOTI4N FOR "QUICK-TAKE" .. LANDS LOCATED,IN THE CTT'Y OF ORONO TRANSFER OF TITLE AND � POSSFSSION UNDER . MINN. S'lAT. 5117.0�2 � � The City�of Orono (the "Petitioner"} for its Petition and its Motion for "Quick-Take" Transfer of Title and Possession under Minnesota Statutes Section 117.042, states and aileges: I. . � Tliat Petitioner is a municipal corporation af the State c�f M�nnesota and is authorized � pursuant to Minnesota Statutes-to acquire properry interests by the exercise of the gower of eminent domain under and pursuant to Chapier 117 of Minnesota Statutes. . II. That on June 9, 1997, the City Council for tYze Petitioner duly adopted resolution, � parsuant to which Petitioner has found it necessax•y to acquire, by exercise of tl�e power of eminent doma.in, the property interests descrihed in Ehe Exhibits attached hereto {collectively� tlze "Property") to construct a sanitary sewer. The rights being acquired consist of temporary and permanenC easements. EXHIBIT A U57/I413G533 7/25197 : , � . . � . , • . , ;: . IIT. . That, pursuant to the Resoluiions,.Petitioner has deterrnined (a) that to carry out the. purposes and objectives enumerated herein, it is necessary, advisable and in the pubiic interest , to acquire, by exercise of the power of eminent domain, all rights, title, interests and possession that those persons and entities named in,the Exhibits attached hereto�and all other . persons and entities unknown to the Petitioner that may have in ihe easements designated as the Property; (b) that such acquisifion has been duIy authorized; and (c} that Petitioner l�as . retained the undersigned attorneys to ac.quire the Property on behalf of the Petitioner. ' IV. . . That, to the best of Petitioner's knowledge, information and Uelief, as a result of due and diligent inquiry, the Exhibits attached here[o (a} identify all persons and entities apgearing of record or known to Petitioner to be the owners of, or potentially to have.an interest in, the Property, and (b} descri�e Che naCure of s.uch interesls. The identificatiQn of such interests in the Exhibits is for informational purposes only and is not intended to limit the right, title or interest of any Respondent in the Prvperty. Without lirnitation, Petitioner's intention is to acquire the easement rights designated on the Exhibits. V. That this PeEition does not seek to exercise the power of eminent domain against any reservatiun of mineral rights or mineral interests bel�nging to the State of Mznnesota. os�iiai:��s�:��n_s�� 2 . . �� s�o. , . y > , � IV. That the Petitioner requires titie, interest and possession to t.he �'roperty to be acquired in accordance with Minn. Stat. § 117.042, as of October 27, I997 (the "Qe�icli-TaIce Date"). VII. � A. That Petitioner also requires the right to enter onto the Property prior to Quick-Take Date for the purposes of making surveys and inspections of the Property �nd, if necessary and appropriate, for the purposes of investigation, mbnitozing, testing, surveyina, boring, or ather sinular activities, to identify the existence and extent of a release or threat of. release of a hazardous substance, pollutant, or contami.nants, in accordance with Minn. Stat. § 117.041. B. ThaC Petitioner zeserves its right to recover costs of clean up and testing and all other dan�ages resulting frorn ehe presence of pollutants, contaminants, or hazardous materiais on the Property froin all potential responsible parties in a separate legal action. � WHEREFORE, yoar Peti�ioner prays: � , �,. That it be permitted to proceed, as is provided by law, to acquire by eminent domain the right, title and interest in and to the Property designated on the Exhibits, as against alI persons or entities named in the Exhzbits attached hereto and against all persons or - emtities unknown ciaizning any right, title, estate, lien or iaterest in said Praperty; . 2. That it be adjudged and determined that the Property is sought to be taken for a public purpose and use and that the takzng is authorized by law; � 3. Tiiat pursuant to Minn. Stat. § 1 I7.075, three competent and disinterestec� persons, residents of Kennepin C4unty, Minnesota, be appointed as commissioners (the 057/1413G533 7/2Sl97 3 . ' ' ;_� � � �,,, . �. . ' � • .✓ "Commissioners.") to ascertain and. report the amoune of damaaes that will be sustaicZed by parties having an interest in the Property on accvunt of the taking; 4. That as provided in the specia! "Policy on Condemnation�Proceedings" of • Hennepin Caunty (the "Condemnation Policy"), the Commissioners shall consist of: ' {a). a licensed real estate person actively engaged in real estate salcs; (b) a certified general real property apprazser who hoIds a current, valid . izcense under Minn. Stat. Ch. 82B; � (c) a registered attorney knowledgeable in erninent domain matters. � In no event shall,more than bne attorney serve as a cc�rnmissioner on any panel.- 5. That the Court order and tix the time and place vf the first meeting of the Comrnissioners and prescribe their compensa.tion in accordance with the Condeznnatzon Poiicy; � 6. That the Comn�issioners be directed and instructed by the Court to proceed . , according to law as against all persons or parties named in tha Exhibits attached hereto to make a fair a�ld impartial assessment and award of all damages ihat will be sustained by the owners of the Property by reason of such taking and to report the same to this Court; ' 7. That in all such cases where, for any reason, it shall be doubtful to whom the . award is to be paid, the payrneat shall be made to the Administrator of�the Court to be paid out by the Administrator under direction of the Conrt; . 8. ThaC the owners of the Property aze ordered to perrnit the Petitioner and its � agents to enter the Property and to conduct surveys and examinations of the Property relative to these proceedings; and , 057/I413G533 7/2S/97 c� .' �� • . ' �a� � ' ...3 9. That such other and further relief be granted as may be appropriate, Just and equitable. � PRAYBR FOR RELIEF AS TO PETI'I'IONER'S "QUICK-TAK�" MOTIQN FOR TRANSFER OF�TTTLE AND POSSESS�ON UNDER MTNN. STAT. § 117.042 Yotzr Petitioner further prays for an Order of this Court, pursuant to Minn. Stat. � § 117.042: � � �. Authorizing the traztsfer to Petitioner of the right, title and interest in and to the � � Property described in tfie Exhibits attached hereto, including the right of passession, effective as of the Quick-Take Date: 2. . 1'ermittang and authorizing Peticioner to enter onto the 1'roperty for the � purposes of making surveys and inspections and for purposes of investigation, monitorina, testing, surveying, bdring, or other similar activities necessary or appropri�te to identify the existence and exCent of a release or threat of reiease of a hazardous substance, pollutant, or contaminants przor to Quick-Take Date pursuant to A4inn. Stat. § I 17.041. 3. Pernutting artd authorizing Petitioner to deposit into Court, or pay to the owiiers, pursuant to Minn. Stat. § 117A42, the principat sum for each Parcel specified on Schedule 1 attached hereto. � 4. That said airiounts set forth on Schedale I are establzshed. by the Court as being sufficzent to secure the owners' constitutional righEs to have compensation paid or secured for the.taking of their properry pending final determznation of the value of the interests taken. Tliat the amounts so esCablished will not stop either the Petitioner from clainung that the true values of the interests taken are less than the amount specified therein 057/14 i;46533 7125/97 5 , . . . . . � _ _ .� � , ;, . � - nor the owners fc•om asserting that the true values of the intei•ests taken are more than the amounts specified therein. 5. That the title and right to possession of the Property shall, without further � notice, immediately v.est in the Petit�oner, upon either {a) the Petitioner's makzng the deposit sp�ci�ed in p�-agraph 3 hereof for such pa�rcel and 90 days having passed since the "Notice � of Intent to Take Possession under Minn. Stat. § 117.042" is given to the owners of such . Parcel, or {b) payment by Petitioner directly to the owner a,f such Parcel pursuant to a Stipulation. 6. That immediately following each said deposit, the District Court Adminiscrator shalI, fz•om said deposited funds, pay ta the City of Orono and County of Hennepin (a) all real estate taxes, including the principal balance of and all accrued interest on unpaid special �issessn�ents, wiietiier ]evied or pending, against.the Parcel for whicli the deposit was niade; � and (b) any Public Works charges (water, sewer, garbage, etc.}, irispection, board-up or demolition charges, or other charges as are unpaid on the Parcel for wk�.ich the deposit was made on or before the Quick-Take Date, or ihe date of the Commissioner's Award, whichever � is earlier. All ot such payments shall inclucie intec•est and penalties gayable [herewiCh, if any, due on the date of deposit of said amounts iiZto Court pursuant to said Minn. Stat. § 117.042. In the eve'`;�t tfiat:any said deposit is insufficient Co comQletely pay all of the � - ;:-+, �y �k above-mentioned«taxes,`ass�ssments and charges, the amount deposited shali be applied toward the same. Howe�er, pursuant to Minn. Stat. §§ 117.135(1), 272.68(1), in no event �shall Petitioner be required to pay accrued taxes andlor unpaid assessmeiits or any other charges on a parcef of tYte Property tEiat exceed tiie fair market value of such parcel. The fair 057/1413GS:ii 7l25/97 (j • �"'� .�+. .. . � ' � r > ' � , � market value of any such parcel will be that aznount determined by the Commissioners as the Award in Condemnation for such parcel._ � 7. That, upon notice of the Petitioner's making of a deposit or payxnent, the Respondant shall vacate possession of the real estate within �ve (5) days if they have.noc already done so. 8. That such other and further relief be granted as may be appropriate, just and equitable. � � . � • Dated: / � , 1997 HIN�SHAW & CULBFRTSON � By`�% Thomas 7. B rett Reg. I�To. 49].I � Thomas J. R '� Reg: No. 1�7029 3200 Pipe� Jaffray Tower � 222 Ninth Street South � � Minneapolis, MN 55402. (612) 333-3434 � Attorneys for Citiy of Orono � This PetiEion was drafted by Hinshaw & Culbertson, Attorneys at Law. os�iia i 3�ss��n_s�9� 7 . • . . i. . � . �•.�. .,r,,,� • � :4��' ♦ SCH�DUL� ;I. � QUICK-TAKE D�POSIT AMOUNTS PARCEL AMpUN� � 1• $2,000 �, . � i . os�na�z�s3s�rs�� . .o� .. � •. k �� ._ .. � � � �� f' ..� ' � � , , . EXHIBIT A � . ' PARTIES: . Troy D. Anderson and Catherine M. Anderson; Norwest Mort�age, Inc.; Noz•west Bank Minnesota National Association; Centrust M.ortgage Corporation; Mark S. HaIst�n and. Patricia A. Haisten; Li6erty Savings, Inc.; City af Orono, Coanty of Hennepin. All other parties unknown having any right, tiele, or interest in the prernises herein, together with the unknown heirs.or devisees, if any, of the partzes named that may 6e deceased, . together with the spouses of Che parties named, if any. DESCRIPTION OF PROPERTY TNTERESTS ACQUIRED � TEMPORARY CONSTRUGTiON EASEMENT A temporary easement for construction purposes over, under and acr�ss tb.e west fifteen {15} feet of the east twenty-five (25) feet of the property described as tl�e east 60 feet of west 735 � feet of south 175 feet of southwest quarter of section 26 and Iots 3 and 4, Albee's Long Lake Addition according to the map or p1aC thereof on �le and of record in the office of the County Recorder, Hennepin County, Minnesota. Said temp�rary easement shal! exgire automatically on December 31, 1997, wiChout Che need of fu�-�her recording. PEIZMANENT SANITARY SEWER EASEMENT A permanent, non-exclusive easement over, acrass, under and upon that portion of the Property Iegally described as folZows: A corridor ten (]0) feet wide centered on a Iine parallel to and �ve (5) feet west of the east line of the east sixty (60) feeC of west seven hundred thirry five (735) feet o£south one hundred seventy five (17S) feet of southwest quarter of Section 26 and Lots 3 and 4 Albee's Long Lake Addition according to Ehe map or . piat thereof on file and of record in the office �f the County Recorder, Hennepin County, Minnesota. Said line originates on the north iine and terminatzs on the sout�i line of said property. � (Registered properCy as is evidence by Certifzcate of Title No. 788432.) Street Address: I490 Long Lake Boulevard, Lang Lake, Minnesota 55.356 Property Description: . � That gart of the South 175 feet of Government Lot 1, Section � 26, Township 118, Range 23 lying F.ast of a line drawn parailel . to and 675 feet East of, me�sared at right angies to, the West � line of said Section 2G aiid West of the extension South of the . most Westerly Izne af Lot 1, "Auditor's Subdivision Number � ' 291, Hennepin County, Minn�sata." OS7/14I3GS;i3 7/2R/97 .. . , � . . .. r .. � .. . � •�`� n �� ' ( ,.^ � � Subject to an� easement over and across tfie Easterly 12 feet of ' said premises as contained in deed of record in Book 1861 �of Deeds, page 357. NATURE (�F INTERESTS TO THE BEST QF PETITIONER'S KNOV�'L,EDGE: Notwithstanding any provisions hereof or possible interpretation hereof to the contrary, it is the intention of PeEitianer to acquire a11• interests in the above-descrzbed reai estate, inclUdina bvt not limited to the following: � � ~ , - Fee Owner: Troy D. Anderson Catherine A. Anderson Special Assessments, if any: Real Fstate Taxes: County of Hennepin Easernents: Minnegasco, a divzsion of Arkla, Inc. {A DE corp) � City of Orono Mortgage: Norwest Mortgage, Tnc. � � Norwest Bank Minnesota National Association � . Liberty Savings, Tnc. . - Other Tnterests: � � AlI otlier parties unfcnown having any right, title nr interest in the premises herein, includinQ but not limited to the unknown heirs or devisees, if any, of the parties named that may be V deceased, and the spouses of the parties named, if any. . , .a , , , . � .. :c:: • ' �,� . , . . . �:t �. . . :� � - . .�. ..,. . . :t .f . _� . . � � . �w'w .. 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