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Home My WebLink AboutRe: research on recorded documents qV No"K,� Christine Mattson From: Jean Olson [JOlson@ck-law.com] Sent: Tuesday, September 11, 2012 9:19 AM To: Christine Mattson Cc: Soren Mattick Subject: RE: Research Assistance Attachments: Englund - Plat2.pdf; Englund - Cert of Title.pdf; Englund - Easement.pdf; Englund - Platl.pdf Hi Christine, In regards to your inquiry regarding whether the following 1. Consent to Plat letter from mortgage holder 2. Resolution approving final plat 3. Flowage and conservation easement were recorded regarding the plat of Englund Third Addition, this is what I have found. The Easement was recorded as Document No. 4136388 - copy attached I could not find a recorded Resolution approving final plat, but the Plat for Englund Third Addition was recorded as Document No. 4136387 on Certificate of Title 1112177 on July 15, 2005 - copy of recorded page attached. Also attached is a copy of the actual plat which was recorded on Certificate No. 1112177. In regard to the Consent to Plat letter from mortgage holder regarding the mortgage in favor of State Bank of Rogers (which mortgage was recorded as document no. 3892724), 1 could not find anything of record regarding this document either. But, I have attached a copy of the Cancelled Certificate of Title No. 1158317 (which was transferred from Certificate of Title No. 1112177). You will see on this Certificate that the Mortgage you are referencing was satisfied. I put a "circle" around the entries. If you need anything else please let me know. Jean M.Olson, Legal Assistant Campbell Knutson,Professional Association 1380 Corporate Center Curve•Suite 317• Eagan, MN 55121 Direct:651.234.6212• Fax:651.452.5550 e-mail: Tolson@ck-law.com From: Christine Mattson [mailto:CMattson(cbci.orono.mn.us] Sent: Wednesday, September 05, 2012 8:21 AM To: Jean Olson Subject: Research Assistance Hi Jean, We need your assistance. The attached documents were apparently sent to Hinshaw & Culbertson for recording in 2005, but I cannot find any documentation proving they were recorded. Will you perform your magic and research if they were recorded or not? We, of course, would like copies proving they were recorded. i Thanks! Christine Mattson Planning Assistant City of Orono 2750 Kelly Parkway Orono MN 55356 (physical address) PO Box 66 Crystal Bay MN 55323-0066 (mailing address) 9 952.249.4620 g 952.249.4616 M cmattson@ci.orono.mn.us I -t� www.ci.orono.mn.us Office Hours: Monday- Friday 8 am to 4:30 pm OUR OFFICE WILL BE CLOSED: Monday, November 12, 2012 2 ati � to gg9® O •: � All d a a� it ip " � t}giIf} a joiIs O �} ' � c �q ee , $}ailii g� � ��iib 420 v Gad L a a iS; ' j® r FF ai J p PbF 0 HuIvy /x-1�J/.4 i ►I � i►IIDiRRJ® --------------------ate QI I I I a a--.4I Uj Jil i oil I I i t I I I Ia --------- 1------------sa-------------J R 8 v J Y.'f/VV1>IY/VIII �J�Y l tVI,�/vC /ii iri�t tyi vel rcT. ,t Cancelled Certificate of Title Certificate Number:1158317 Created by Document Number. 4136387 Transfer From Certificate Number. 1112177 Transfer To Certificate Number. 1162348 1162349 Originally registered February 5,1947 Volume:367,Certificate No:113149,District Court No:6982 State of Minnesota S.S. Registration County of Hennepin This Is to certify that Bobbie D.Morlock,whose address Is 5020 Page Avenue North,St.Michael,Minnesota,55376 is now the owner of an estate In fee simple In the following described land situated in the County of Hennepin and State of Minnesota: Lots 1 and 2,Block 1,Englund Third Addition Subject to drainage and utility easements as shown on plat; Subject to the Interests shown by the following memorials and to the following rights or encumbrances set forth in Minnesota statutes chapter 508,namely: 1. Liens,claims,or rights arising under the laws of the Constitution of the United States,which the statutes of this state cannot require to appear of record; 2. Any real property tax or special assessment; 3. Any lease for a period not exceeding three years,when there is actual occupation of the premises under the lease; 4. All rights in public highways upon the land; 5. Such right of appeal or right to appear and contest the application as Is allowed by law; 6. The rights of any person in possession under deed or contract for deed from the owner of the certificate of title; 7. Any outstanding mechanics Ilan rights which may exist under sections 514.01 to 514.17. Memorials Document Date of Filing Number Document Type Month Day,Year Time Amount $ Running in Favor Of 1484182 Highway Plat Oct 6,1982 10:00 AM Hennepin County State Aid Highway Number 19,Plat 50,as directed by Resolution Doc No 979240. 3892724i Mortgage Dec 15,2003 9:00 AM $304,5pp.00 State Bank of Rogers, City of Rogers,State of Minnesota 4136388 Easement Jul 15,2005 9:00 AM City of Orono. Granting an easement for conservation purposes over part of above Lots 1 and 2. (See Inst) 4144508 Satisfaction of Aug 4,2005 3:00 PM a as document no(s).3892724.0 Mortgage 4158310 Warranty Deed Sep 7,2005 2:00 PM James D.Kelly&Deborah K.Kefly,as joint tenants L1 4158311 Warranty Deed Sep 7,2005 2:00 PM Ja2mes D.Kelly&Deborah K.Kelly,as joint tenants Certificate Number. 1158317 This Is a non-cort fied copy Page 1 of 2 Indexes Verified through 8/27/2012 IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of my office this 15th day of July,2005. *' _* Michael H.Cunniff :. Registrar of Titles, In and for the County of Hennepin and State of Minnesota. Certificate Number. 1158317 This Is a non-certified copy Page 2 of 2 i 4136388 FLOWAGE AND CONSERVATION EASEMENT AGREEMENT AND WAIVER OF DAMAGES THIS INDENTURE, made and entered into this i g day of av Zai S r 2984, by and between Bobbie D. Morlock and Nita D. Morlock,husband and wife, and its heirs, assigns, and successors (hereinafter collectively referred to as the Grantor)and C: the City of Orono, its successors and assigns, a municipal corporation under the laws of the State of Minnesota(hereinafter referred to as the Grantee.) WITNESSETH, Grantor, for and in consideration of the sum of One Dollar ($1.00) and other valuable consideration, hereby covenant, grant, gift, quit claim and convey to grantee the right to restrict and grantor(s) agree to limit and preclude the use, improvement and development,under the conditions and covenants herein contained,the following described Land in the County of Hennepin and State of Minnesota: See attached Exhibits A and Al i (hereinafter referred to as the"Easement Area'). 1. Grantor hereby covenants and agrees: Aw MN TAXES RAID A. No structures shall be constructed, erected, or placed upon, above, TAXPAYER SERViCES or beneath the Easement Area including without limitation,fences, TRANSFER ENTERED fireplaces, steps, docks, piers, hardcover or roads of any nature whatsoever, or any other structure or improvement inconsistent JUL 14 2005 with the natural state of the land. B. No trees, shrubs or other vegetation shall be destroyed, cut or NN INCOUNTY MINN. removed from the Easement Area except as authorized by written DEPUTY consent of Grantee. C. No earth, loam, peat, gravel, soil or any other natural material or substance shall be moved or removed from the Easement Area and there shall be no excavation of any nature whatsoever or any change of the topography of the Easement Area without the written consent of Grantee. D. No soil,sand,gravel or other substance or material as landfill shall be placed,dumped or stored upon the Easement Area and no waste, trash or garbage shall be placed, dumped or stored upon the Easement Area. E. No use shall be made of the Easement Area except uses, if any, which will not change or alter the natural condition of the Easement Area, and no use which would tend to change the drainage, erosion control,soil conservation, characteristics shall be made of the Easement Area F. Grantee may enter upon the Easement Area for the purposes of ` inspection and enforcement of the covenants contained herein and , to cause to be removed from the Easement Area without any liability any structures, uses, materials, substances, or unnatural matter inconsistent with the covenants contained herein and the natural state of the Easement. i I 2. Grantor hereby grant, gift, quit claim and convey to Grantee, a perpetual flowage easement and right and privilege to trespass over and upon any or i all of the Easement Area. 3. Grantor herein do hereby remiss, release, acquit and forever discharge, ' forever, the Grantee and any and all of its officers and employees of and from any and all claims,demand or causes of action of any kind or nature whatsoever which may arise or accrue by virtue of any flowage or trespass within terms of these agreements. i In addition to any other remedy the grantee may have, the covenants and restrictions contained herein may be enforced by injunction. Grantor does not intend that the public should have any interest in the above Easement Area by virtue of this indenture or otherwise,except as hereinabove set forth. The Grantor herein certifies that the Easement Area herein described is free and ; clear of all encumbrances except: None. I All provisions hereof shall run with the land and shall extend to and bind the heirs, successors,representatives,grantees or assigns of the respective parties hereto. I i i I w , GRANTOR: Bobbie D.Morlock and Nita D.Morlock,husband and wife. BY And: ffAq avy, STATE OF MINNESOTA ) ( SS. COUNTY OF HENNEPIN ) On this day o20044 Bobbie D. Morlock and Nita D. Morlock, husband and wife, pers allA�ap ed before me, who is personally known to me, and who executed the foregoing instrument, and acknowledged that they executed the same as their free act and deed. Notary P c i STATE DEED TAX DUE HEREON: $ JUDY P.OLSON NDTAFWPW=. U q?MYCQ=bftEvkwjffL3j,9aV This instrument is drafted by: City of Orono P.O.Box 66 Crystal Bay,MN 55323 dusk fill i N z 4 1 all or i° ta N _ I I P4 ( L N I CS dM t ` — — — — 7 L - - - - - - - - - --�- - - - ai � yv a2/v^f�S /�ict/vir' rsi �v�r �uty •0 )' m c ym,, - - - - - - - - - - - - - - - - -- - - - - - E = c o 2. £ ao $ c m m v Vo v NW�ofLa, Exhibit fffa*,f AL figs of Lot 1. I W ewnw df La 1. fiba,.f I IhM AVVIMW PM ADMI M ss �� N s - �^ AfffiA a f37�7.A9 SF. . . I Itij I I i ► I Ali I - c� C L - - - - - - - - - - - � PAS CAMEW". I I M eooamant far OWSW"ftn pvpaee Ow.urda, OW aaaas%a Nam 2QQ0 feet of lo!L gook t.f7#gMM AfM AQpf11QM.H—apb C—tx f�ofq J3 I /�. I M*,M SM feet GO @W Lots 96a1.f cet moreoP, denotes iron monument found Requested By: e . « �, pfd b;"n. r�e� Revised: Bobbie Morlock - p denotes iron pipe set o,,,,,,,, „�aer ,s d aerie and marked as shown: stale 8D0tl0'L ° /O0B' Date: Drawn y: Scale: Checked By: �j TTO t ,AM=13 Job No. denotes soil boring `-50' Paul E Otto (l53 � M I—-- C denotes percolation test hole l0/2%4 D.N.A. 1 =50 P.E.O. — -o 4136388 � 1-1 OD .4 MMTMREMOMR Q Or►E�ucfluwn, rA CEM ED F1'r)ON JUL i 5 2005 �& .4 RA � r'i11�S Ll K ow F JOB osr 10Al CTF. NO. 3 f� 4131;3&7 • I OFFICE OF THE REGWW - o OF TITLES HENNEPIN COUNTY,MINNESOTA Ir CERTIFIED FILED ON c A a r JUL 15 200 _ STA F TITLES CL w BY N O O I lu cIr oqr �o Ir O 1E O p W O o o O p O Z Z 2 l W a N 9 0 OO O A v NEl ~ O +• O O FIr of ® Z O BIW Qa J N 1•