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HomeMy WebLinkAboutTorrens proceedings R /V, 01-a cl&S MA` _ 8Ptt 12.6 p�'b No 20385 STATE OF MINNESOTA , --- : DISTRICT COURT COUNTY OF HENNEPIN - - - : FOURTH JUDICIAL DISTRICT - Type of Case: Torrens Proceeding In the Matter of the Application of Court File No. TO 000020385 Timothy M. Lembke ORDER To Register the Title to Certain Land. The above-captioned matter came on before the undersigned, Judge of District Court, on January 21, 2009 pursuant to the Motion of Timothy M. Lembke to adopt the proposed Findings of Fact and Conclusions of Law contained in the Examiner of Titles Report dated October 31, 2008. Upon all of the files and proceedings herein, the Court makes the following: FINDINGS OF FACT 1. That the title records indicate the chain of title for Lot 1, Block I, CLAIRE ADDITION, was prior in time to the chain of title for the Southerly 5 acres of the Northerly 20 acres of that part of the Northeast Quarter of the Southwest Quarter lying South of the Great Northern Railroad right-of-way, Section 3 3-T118-R23. 2. That on January 26, 1960, Harry B. Wright and Thelma A. Wright were the grantees in a deed for the land described as the Southerly 5 acres of the Northerly 20 acres of that part of the Northeast Quarter of the Southwest Quarter lying South of the Great Northern Railroad right-of way, Section 33-T118-R23. 3. That on November 6, 1981, Harry B. Wright and Thelma A. Wright conveyed to Harriet V Harris, Jack B. Wright, Donald L. Bowman, Marlene J. Hellzen and Robert J. Bowman the land described in Finding 2 above, reserving a life estate in Harry B. Wright and Thelma A. Wright. 4. That on September 28, 1998, Harriet V. Harris and Jack A. Harris, wife and husband, Donald L. Bowman, single, Thelma A. Wright, single, Robert J. Bowman, single and Marlene J. Hellzen and James P. Hellzen, wife and husband conveyed to Timothy M. Lemke the land described in Finding 2 above. 5. That the adjoining land to the south, described as the north ten and two-thirds acres of the South 16 acres of the Northeast Quarter of the Southwest Quarter of -1- Section 33, Township 118 North, Range 23 West, was platted as CLAIRE ADDITION on July 19, 1984. 6. That there is an overlap between the legal descriptions set forth in Finding 2 above and in Finding 5 above, and that the overlap is 14.14 feet on the east line and 10.75 on the west line. 7. That Scott K. Goldsmith and Lynn D.. Schwie were the grantees in a deed dated December 14, 1987, for Lot 1, Block 1, CLAIRE ADDITION.' 8. That the land described in the Application is: That part of the Northeast Quarter of the Southwest Quarter of Section 33, Township 118, Range 23 lying between the North line of the plat of CLAIRE ADDITION and the South line of the North 643.37 feet of said Northeast Quarter of the Southwest Quarter, That part of Lot 1, Block 1, CLAIRE ADDITION, lying Northerly of a line running from a point on the East line of the Northeast Quarter of the Southwest Quarter of Section 33, Township 118, Range 23 distant 801.28 feet Southerly from the Northeast corner of said Southwest Quarter to a point on the West line of said Northeast Quarter of the Southwest Quarter distant+802.95 feet Southerly from the Northwest corner of said Northeast Quarter of the Southwest Quarter. 9. That a fence is located between the north line of the lat of CLAIRE ADDITION and the south line of that part of Lot 1, Block 1, CLAIRE ADDITION described in the Application, and along a portion of said South line. 10. That there was some evidence that Applicant's pred cessors in interest mowed up to the fence, cutting brush to get the mower through tot the fence. FROM THE FOREGOING THE COURT MAKES THE FOLLOWING: CONCLUSIONS OF LAW 1. That the interest of the record owners of that part of Lot 1, Block 1, CLAIRE ADDITION described in the Application, is superior to the interest of the Applicant based on the commencement date of the chain of title for the underlying legal description. 2. Applicant did not establish by clear and convincing evidence that he has acquired title under the doctrine of adverse possession, to that part of Lot 1, Block 1, CLAIRE ADDITION described in the Application. 3. Applicant did not establish by clear, positive and un e uivocal evidence that he has acquired title under the doctrine of practical location of )oundary, to that part of Lot 1, Block 1, CLAIRE ADDITION described in the Application. ORDER -2- I 1. That the Application to register land made by Timothy M. Lemke in Torrens Case No. 20385 is dismissed as to the following described land only. That part of Lot 1, Block 1, CLAIRE ADDITION, lying Northerly of a line running from a point on the East line of the Northeast Quarter of the Southwest Quarter of Section 33, Township 118, Range 23 distant 801.?8 feet Southerly from the Northeast corner of said Southwest Quarter to a point on the West line of said Northeast Quarter of the Southwest Quarter distant 02.95 feet Southerly from the Northwest corner of said Northeast Quarter of th Southwest Quarter. 2. That this matter is referred back to the Examin r of Titles pursuant to Minn. Stat. § 508.13 for further proceedings consistent with t is Order. BY THE COURT: Dated: , 2009. Mary en on DuFresne Judge District Court -3- State of Minnesota District Court Hennepin County Fourth Judicial District Court File Number:27-CV-TO-000020385 Case Type: Torrens Mailing Label CITY OF ORONO ATTENTION LINDA S VEE-CITY CLERK 2750 KELLEY PARKWAY ORONO MN 553569387 LEMBKE,TIMOTHY,M VS MITCHELL,ERIC, Please find enclosed, documents from Hennepin County Court. If you have any questions,please call 612-348-7174. Dated:January21 2009 Mark S.Thompson P Court Administrator Hennepin County District Court 300 South Sixth Street,C-12 Minneapolis MN 55487-0421 cc: STEVEN H BERNDT MEDIACOM MINNESOTA LLC LAURIE MCDOWELL ALAN S MCDOWELL SUSAN S MCDOWELL ALAN S MCDOWELL LIVING TRUST ALLAN J ENGLEMAN ARLA MAE ENGLEMAN SCOTT K GOLDSMITH RALPH L MOORE MARC DAVID SIMPSON RICHARD TODD FRANKS NORTHERN STATES POWER CO QWEST CORPORATION AMERICA'S WHOLESALE LENDER �I Mailing Label for All Files Revised:1/2003 I i