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Home My WebLink AboutRe: register title F7 //Ua 7)5 Ai. 014 cliWITef.L AP.( r2e N-6 ' 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. Go dsmith and Lynn D.. Schwie were the grantees in a deed dated December 14, 1987, for of 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, dock 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 locat d between the north line of the plat of CLAIRE ADDITION and the south line of that p rt of Lot 1, Block 1, CLAIRE ADDITION described in the Application, and along a po ion of said South line. 10. That there was some evidence that Applicant's predecessors in interest mowed up to the fence, cutting brush to get the mower through to the fence. FROM THE FOREGOING THE COURT MAKES THE FOLLOWING: CONCLUSIONS OF LAW l 1. That the interest of threcord owners of that part of Lot 1, Block 1, CLAIRE ADDITION described in the pplication, is superior to the interest of the Applicant based on the commencement date f the chain of title for the underlying legal description. 2. Applicant did not estal lish by clear and convincing evidence that he has acquired title under the doctrine of advierse possession, to that part of Lot 1, Block 1, CLAIRE ADDITION described in the Application. 3. Applicant did not establish by clear, positive and unequivocal evidence that he has acquired title under the doctrine of practical location of boundary, 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 801.28 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. 2. That this matter is referred back to the Examiner of Titles pursuant to Minn. Stat. § 508.13 for further proceedings consistent with this Order. BY THE COURT: Dated: 1 bi ,12009. 7 /U� 4 i / 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 SEE-CITY CLERK 2750 KELLEY PARKW Y ORONO MN 553569387 LEMBKE,TIMOTHY,$VI VS MITCHELL,ERIC, Please find enclosed, documents from Hennepin County Court. If you have any question$, please call 612-348-7174. Dated:January 21, 2009 Mark S.Thompson 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 WHOLESAL LENDER it Mailing Label for All Files Revised:1/2003 , 1 • ZAPPIA LE\\.. AHN HEUER LTD. ATTORNEYS AT LAW Writer's Direct Dial #763-502-7112 CLARK M. IVERSON STEVEN H. BERNDT* October 5, 2004 - JAMES A.HEUER,JR.** THOMAS M. ZAPPIA*" ' JOEL T. LEVAHN , CAMERON M.PARKHURs-r ERIKA M. FLORES TO ALL PERSONS INTERESTED IN THE APPLICATION OF TIMOTHY M. LEMBKE FOR REGISTRATION OF LAND: PARALEGALS To all interested parties: = MARY ANN CHRISTIANS JILL R.HOI:MES You have been served with a Land Title Summons for the registration of LAURA-INCESRICTSEN land owned by Timothy M. Lembke. The property being registered"is SHELLEY LOVEJOYlocated at 285 Old Crystal Bay Road North, Orono,_Minnesota 55356. MEGAN E.MOENOEN TRACY PUCHTEL I , MARGOSODAHL - - If you are not.claiming an ownership interest in this property you do not needto respond to this Summons.- If you have questions please feel free - to contact Me at: '763-502-7112. 941 HILLWIND RD.N.E Very truly yours, - SurrE 301 MINNEAPOLIS,MN . ZA17ei EVAHN HE LTD. 55432 TEL: 763-571-7721 " FAx: 763-571-7734 ,' Steven H. Berndt SHB/rpac 11 ; *MSBA BOARD CERTIFIED REAL PROPERTY SPECIALIST **ADMITrED IN WISCONSIN ' Oct-81-04 01 :32pm From-HENN CO EXAM OF TITLES +6123483872 T-237 P.02/03 F-036 .i4 - LJ 1.2-__-71 = 1172) HC 4003 (7-83) ti C T 12004 STATE OF MINNESOTA NO. 20385 Fr;/lSTl I TIAgJQ7 A:ii•:c;"S`RATOR CLERK COUNTY OF HENNEPIN FOURTH IDJCIAL.DISTRICT , ,6Z. DEPUTY LAND TITLE SUMMONS IN APPLICATION FOR REGISTRATION OF LAND In the Matter of thepplication of Timothy M. Lembke to register the title to the following described real estate situated in Hennepin County, Minnesota, namely: See attached Exhibit A. Applicant vs. Eric Mitchell, Lisa E. Mitchell, Northern States Power Company, Qwest Corporation; a Colodo corporation, Mediacom Minnesota, LLC; City of Orono; America's Wholesale Lender, a New York corporation, Associated Bank, Laurie McDowell, Alan S. MCDowell and Susan S. McDowell, Trustees of the Alan S. McDowell Living Trust, Allan J. Engleman, Arla Mae Engleman, and Countrywide Home Loans, Inc., a New York corporation. also all heirs and devisees of any of the above-named persons who are deceased; and all other persons or parties unknown, claiming any right, title, estate, lien or interest in the real estate described in the Application or amendments herein. Defendants THE STATE OF MINNESOTA TO THE ABOVE-NAMED DEFENDANTS: You are hereby summoned and required to answer the Application of the Applicant(s) in the above-enti ed proceeding and to file your answer to the said Application in the office of the ICIerk of said Court, in said County, within 20 days after service of this Summons upon/,you exclusive of the day of such service, and if you fail to answer the Application within the time aforesaid, the Applicant(s) in this proceeding will apply to the Court for the relief demanded therein. Steven H. Berndt WITNESS, District Court Administrator/ Attorneys for applicants Clerk of said Court, and the seal there of Zappia, LeVahn & Heuer, Ltd. at Minneapolis in said County this day 941 Hillwind Road NE, Suite 301 of ,r1rr , 2004 Fridley, Minnesota 55432 Phone: (763) 571-7721By: FAX: (763) 571-7734 ` u •eputy • Oct-01-04 01:32pm From—HENN CO EXAM OF TITLES +6123483872 T-237 P.03/03 F-036 • . . • EXHIBIT A • That pat of th I+Iortheast QuXriei'o.f the Southwest Quartzr'ofSection 33,Township 118, 'Range 23 Vrig-between the North-line of.the plat of CLAIRE ADDITION and the South • f:t)ie•Norih 643•:37 feet ofsaid Northeast Quarter of the Southwest Qua.rter. --That part ol`Lot 1,$toot:•I;'r'L/JRE.ADDITfOI1 Iying Nonhcrly of a line:arming from a Tinqiofthe-Northeast-Quarter ofthe Southwest Quarter of Section 33, �'q r hip I•f S, ane 3 distant 80128 feet Southerly-from the Northeast corner of said Soi�thu�cst Quairter-to'a o int on the West line said Northeast Quarter of the.Southwesi Quarter distant 802,VS feect Southerly'froin theNorthwcst corner ofsaid Northeast • Quait4-of alae.qvuthure t Quarter. • • • City of Orono 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 Fax: (952) 249-4616 FAX TRANSMISSION COVER SHEET Date: /1) -- /5–O To: �a - Fax: / Re: Aa<e- e -- — Sender: YOU SHOULD RECEIVE V PAGE(S), INCLUDING THIS COVER SHEET. IF YQ7U DO NOT RECEIVE ALL THE PAGES, PLEASE CALL (952) 249-4600. /dreek74-e- / 7rt-& _ tr,t4AL"--14-2 aelaGeizA1-4 4/4_,Le..)1 Y -a 24- ,