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Home My WebLink AboutSummons/Registration of Land ~-VJY ~/~n (5/'lty~ 5--r-SeJ i( ~ RECEIVED DEe 0 1 2006 HUE MOELLER, BATES & GONTAREK PLC ATTORNEYS AT LAW 16670 FRANKLIN TRAIL P.O. BOX 67 PRIOR LAKE, MINNESOTA 55372 (952) 447-2131 Fax: (952) 447-5628 E-mail: hbg(ii1oriorlakelaw.com JAMES D. BATES DEAN G. GAVIN ALLISON 1. GONT AREK BRYCE D. HUEMOELLER November 30, 2006 To defendants named in the enclosed Summons in Application for Registration of Land: We represent Gary H. Schwartz and Laura E. Elletson in this initial registration proceeding involving land in Scott County, Minnesota, that is described in the Summons. If you will review, sign and return one copy of the enclosed Notice and Acknowledgment of Service it will save the time, expense and inconvenience of having you served personally. As the notice indicates, returning the form does not prevent you from filing an answer to the Summons in Application for Registration of Land if you believe there is a reason for you to do so. Sincerely, (}~v!~ Dean G. Gavin DGG:jd Enclosures Maintenance Center 17073 Adelmann Street S.E. Prior Lake, Minnesota 55372 December 12, 2006 Suesan Lea Pace Halleland, Lewis, Nilan, Sipkins & Johnson Pillsbury Center South 220 South Sixth Street, Suite 600 Minneapolis, MN 55402-4501 RE: Summons in Application for Registration of Land Dear Suesan: We recently received the two summonses in Application for Registration of Land, for the following properties: 1. Gary H. Schwartz and Laura E. Elletson (70-CV-06-8969) 2. Haferman Properties II, LLC and Jonathan L. Haferman and Gail L, Haferman (70-CV-06-8971 ) The information for each of these summonses is attached. The City staff has reviewed the City's potential interest in each of these parcels. In the Schwartz/Elletson parcel, the City has a storm sewer line along the east property boundary, extending to the lake. We have an easement over the platted portion, but will need to retain a 15' wide easement over the unplatted portion they are asking to register. The Haferman parcels are not located in the City of Prior Lake, and the City has no interest in these parcels. Thank you for handling this matter. If you have any questions, please contact me at (952) 447-9812. Sincerely, ~Q.~ U~~:_~:n~ier Planning Director Enclosures 1:\06 files\06 correspondence~ane\registration ~fpriorlake.com Phone 952.440.9675 / Fax 952.440.9678 NOTICE AND ACKNOWLEDGMENT OF SERVICE BY MAIL NOTICE TO: CITY OF PRIOR LAKE The enclosed summons in application for registration of land in the matter of Gary H. Schwartz and Laura E. Elletson, et a1., applicants v. C. Theo Weiland, et a1., defendants, Case No. 70-CV-06-8969, is served pursuant to Rule 4.05 of the Minnesota Rules of Civil Procedure. You must complete the acknowledgment part of this form and return one copy of the completed form to the sender within 20 days. SIGNING THIS ACKNOWLEDGMENT OF RECEIPT IS ONL Y AN ADMISSION THAT YOU HAVE RECEIVED THE SUMMONS IN APPLICATION FOR REGISTRATION OF LAND, AND DOES NOT WAIVE ANY OTHER DEFENSES. You must sign and date the acknowledgment. If you are served on behalf of a corporation, unincorporated association (including a partnership), or other entity, you must indicate under your signature your relationship to that entity. If you are served on behalf of another person and you are authorized to receive process, you must indicate under your signature your authority. IF YOU DO NOT COMPLETE AND RETURN THE FORM TO THE SENDER WITHIN 20 DAYS, YOU (OR THE PARTY ON WHOSE BEHALF YOU ARE BEING SERVED) MAY BE REQUIRED TO PAY ANY EXPENSES INCURRED IN SERVING A SUMMONS IN APPLICATION FOR REGISTRATION OF LAND IN ANY OTHER MANNER PERMITTED BY LAW. If you do complete and return this form, you (or the party on whose behalf you are being served) must answer the complaint within 20 days. If you fail to do so, judgment by default will be taken against you for the relief demanded in the application filed herein. I declare, under penalty of perjury, that this Notice and Acknowledgment of Receipt of Summons in Application for Registration of Land was mailed on November 30, 2006. 5~~~ Signa re ACKNOWLEDGMENT OF RECEIPT OF SUMMONS IN APPLICATION FOR REGISTRATION OF LAND I declare, under penalty of perjury, that I received a copy of the su for registration of land in the above-captioned matter at 1,Y./76, "Fi,~,'" P~ t} 55372. ( (:,.! ,I' ../it- · ~ U;y /' Signature (\ f' ons in application oad,PriorLake,~ ...~~ SUMMONS IN APPLICATION FOR REGISTRATION OF LAND STATE OF MINNESOTA 70-CV -06-8969 DISTRICT COURT COUNTY OF SCOTT FIRST WDICIAL DISTRICT OTHER CIVIL In the Matter of the Application of Gary H. Schwartz and Laura E. Elletson, husband and wife, as joint tenants, to Register Title to the following described real estate situated in Scott County, Minnesota: The Northeasterly 30.00 feet of Lot 8 (measured at right angles to the Northeasterly line thereof) and Lot 9, "F AIRLA \VN SHORES", Scott County, Minnesota. Together with that part of Government Lot 2, Section 25, Township 115, Range 22, Scott County, Minnesota, described as follows: Beginning at the northwest comer of said Northeasterly 30.00 feet of said Lot 8; thence northwesterly, along the northwesterly extension of the southwesterly line of said Northeasterly 30.00 feet, to the shore line of Prior Lake; thence northeasterly along said shore line to its intersection with the northwesterly extension of the northeasterly line of said Lot 9; thence southeasterly along said northwesterly extension to the northeasterly comer of said Lot 9; thence southwesterly along the northwesterly line of said Lots 8 and 9 to the point of beginning. vs. C. Theo Weiland; C. Theodore Weiland; Minnie M. Weiland; Minnie Weiland; Robert R. Beck; Susan P. Beck; Prior Lake State Bank; U.S. Bank National Association, ND; Karen A. Amato; Susan K. Skovran; First Franklin, a Division of Nat.City Bank of Indiana; First Franklin Financial Corporation; Ronald L. Haberkorn; Sandra J. Haberkorn; City of Prior Lake; State of Minnesota; Minnesota Department ofNaturafResources; Wells Fargo Bank, N.A., sucessor by merger to Wells Fargo Home Mortgage, Inc.; Tradition Capital Bank; 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 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 applicants in the above proceeding and to file your answer to the said application in the office of the Administrator of said court, in said county, within 20 days after service of this summons 1 upon you exclusive of the day of such service, and, if you fail to answer the application within the time aforesaid, the applicants in this proceeding will apply to the court for the relief demanded therein. WITNESS, Scott County Court Administrator and the seal thereof, at Shakopee, Scott County, Minnesota, this JIlL day of Nuve-tn h.ev , 2006. BYD!uMk~ Attorneys for Applicants HUEMOELLER, BATES & GONTAREK PLC Dean G. Gavin, #0246803 16670 Franklin Trail Prior Lake, MN 55372 (952) 447-2131 ~.ROV ED ASTD FORM THIS ~s' AV 0'1: Ocr 20 0/::.' ''\ ~ ----- . .>\ }Lt.....:....~......J LEE VICKERMAN DEPUTY EXAMINER OFTITLES scorr COUNn MUiNESOTA 2 ---- -------~--- Scott County Page 1 of 1 Schwartz and Ellison Property This drawing is neither a legally recorded map nor a survey and is not intended to be used as one. This drawing is a compilation of records, information, and data located in various city, county, and state offices, and other sources affecting the area shown, and is to be used for reference purposes only. Scott County is not responsible for any inaccuracies herein contained. If discrepeancies are found, please contact the Scott County Surveyors Office. - " /-'-~ '!Scott w~-" ~ ~ d, December 5, 2006 http://gis.co.scott.mn.us/serv letlcom.esrLesrimap.Esrimap ?ServiceN ame=overview &Client V ersion=4.0&... 12/512006