HomeMy WebLinkAbout98-053 Application for Registration of Land
Scott County Property Card
Owner:
Address:
City /State/Zip:
Address:
City /State/Zip:
Parcel ID
Number:
Deeded Acres:
GIS Acres:
Plat:
Lot:
Block:
Legal
Description:
Page 1 of 1
Scott County Property Card
Owner Information
SCHIPPER,MICHAEL L & SUZANNE
2883 SPRING LAKE RD SW
PRIOR LAKE, MN 55372
Parcel Address
2883 SPRING LAKE RD SW
PRIOR LAKE MN 55372
Property Information
251330860
o
0.38739
PLAT-25133 SPRING LAKE TOWNSITE
6
49
SPRING LAKE TOWNSITE Lot-006 Block-049
& VAC ST BETW. BLKS 48 & 49
/
/
/
/
'^),;~.
IScott
/ /' /
1ft" "
N
W,$.{-ll^ ~~
~
s
This drawing is neither a legally recorded map nor a survey and is not intend.
to be used as one. This drawing is a compilation of records, information, ant
data located in various city, county, and state offices, and other sources
affecting the area shown. Scott County is not responsible for and inaccuracie
herein contained. If discrepancies are found, please con.tact...the5CQtLCQun.t~
Surveyors Office.
http://gis.co.scott.mn. us/common/asp/printParceISummary .asp ?thePin=2513 30860
7/2/2008
Verlyn Raaen
D<.JV-. - . : ~ .
~ L S -f-1I'-?
d' ~~ Ckpf-.
)~ )d---
-
From:
To:
Subject:
Date:
Verlyn Raaen
Susan McDermott
Summons In Application For Registration Of Land 97-21051
Wednesday, April 08,1998 12:27PM
Upon review of the above referenced summons, I find that there is no apparent interest by the City of Prior Lake in
Lot 6, Block 49, Townsite of Spring Lake and in the abutting parcels described in the registration application.
In the "Report of Examiner" under 5.(b), the referenced City Resolution (88-13), Document Number 243965
vacated the City's interest in the platted "Reserve" (waterfront area) which is described as a portion of the land to
be registered.
Under 5.(c), the referenced City Notice of Lis Pendens, Document Number 366375 has no bearing on this
registration proceeding. It involved the condemnation of easement parcels for the City Project # 94-02, Northwood
Road, constructed in 1997.
According to the City's vacation map, the portion of the platted "Seventh St" R.O.W. described in the registration
document was vacated in 1977. Lani Leichty reviewed this former public access to Spring Lake and indicated that
there is no interest by the City.
Page 1
- ~
,
I
I
I
I
I
f
/
)' j
I
II I
I
I
)' I
I
I
/
I
, 1
'-- ~ 1. Jl
\1
I
I I
I 4" SERVo I~ERV.
I 10' RISER .f/i I~':; RI~ER
L=26' , L=26
I 0 = 9.5' I . /1 ~:.~~;.O
E:". 910.0
II ~//lllmfll I GAR. a 8SMT.
8 ~ 9 ,922.6
I I J{.LL.Lu . I
I . d~ . .
-..I -------/ ' , 1
I ' - - - - - - i - - - - - ~ _ - - - ,,: ...,
I ,,' !".,~~ l.~ -- ".,....:. "''':,__/-) ,
. ,- I 97' I 14?'
t '::, I / >-' I' ~ , _ ' . I l >-'
' I':::: \., "
\ I i'.. '30"TREE. I .. ~
\ / I '- I Cl I . ,I ' ".' 0
E N IB"TFlEE .' SIGN ',I I- f ~OLE.." ',:f-~ / -', / '-' I
50' /i',; { ,~.. .~;:' .. ::309> ~\5a' , i;; , ..
~ x..fll--- x --,- /<0 I "'A1l_~__ . I~ CMp
. X - "= ,. M~"., -- .-.,~=,- r .. __ . "'IG'" '''N BOX , .~_
-- - _'u'", "=-'4 ::-. -"'~~~' ----"-....1 ___ _
I . /.. ,'-r- . __....__ ' ___
----..-.-.. MH::2 I 364 16"
I
I I
l[}
I /1 12
V I TRENCH_\
' DAM
I '.
I
4" SERVo
10' RISER
L: 26'
. 0, 10'
EL 912.0
I
4" SERVo
/0' RISER
l = 2€'
o : 10'
EL. 910.0
7
\
.5
11,.,,\
I:L.J FF. ~~l.:'
f (NO !l:;~~i.i
I
-
I
--.. _SIG~
/09'
;; I ----::;':-J
(!) ':
"" . .
II " :
,/ .,. '.
i: 03.:' 2 ....._59. I
92'
I
I
/
I
I
10 I
I
. I
" '1'
. 5'
.~ .;
,
, I
I
,-
.
, ,
-
-
,1,1 ;c. ,\,.. !~II -:.. ~_.ooC'
-..',- ::"~ ~ :n6' ~:\~ i a ~
6" I -..- ;-"~9-;;--T" ~ 0 ll.:
EVERGREEN,:, ", :! _;.;;" a.:,/
I 'i ~- q: I
! ; I - ~ I
. : I") J
J :- 3' (~. , I
, " ".7:' I' /" 3
'~,' yl
: :\/I~
_/.. I ~
5 Y~1J\ : TTTTf71
I' . I
I ~ ' ;
II Gtl<j I 910.4 ~
1/ FF, 316.3 ;
Ii BSMT.; )
r/ , )
LL.!..L.uL'....L/ '..LLL/~
10' RISER
L : 2"
o = 10 5'
EL. 908 0
4" SERVo
1'2"
"
A.
II
f777i .
~ GAl
,I I
~
,
,
'.
"
)..
3:
a
1-'
if.
MA:ft'L' .0
BOX ..:i,_-_
o 15"CMP
12"TREr:
--J....
---=::
j .:
I / . I
/ r,,. f . /~' I
I V I, ,.
I'!/ . 1'J : 4'
V ,I. '10
Y J I L I
/ IlIIIOBSMTI./' If/:
91~.r ' I ':L
I : I - .
LI/LLI./J I
10' RISEF' /
l = 26'
0: '2
El. 9120
4" SE Rv
~_._~
SUMMONS IN APPLICATION FOR REGISTRATION OF LAND
STATE OF MINNESOTA
97-21051
DISTRICT COURT
COUNTY OF SCOTT
FIRST JUDICIAL DISTRICT
OTHER CIVIL
In the Matter of the Application of John B. Mahoney Construction, Inc., to
Register Title to the following described real estate situated in Scott County,
Minnesota:
Lot 6, Block 49, Townsite of Spring Lake, Scott County, Minnesota, and that
part of 7th Street and the Reserve on said plat lying northwesterly of the
southeasterly line of Lot 6 and its extension to Spring Lake, southeasterly of a
line parallel to and 10 feet southeasterly of the southeasterly line of Block 48 and
its extension to Spring Lake, and southwesterly of a line running from the most
northerly comer of Block 49 to the most easterly comer of Block 48.
vs.
Prior Lake State Bank, State of Minnesota, County of Scott, City of Prior Lake,
Dalores M. Craig, Francis M. Craig, Thomas G. Craig, Robin L. Craig, James
P. Pond, C. A. Darlington, Carey A. Darlington, A. B. Jones, Howard
Copeland, H. C. Cooper, T. A. Holmes, Mark S. Heinz, Mary K, Heinz,
GMAC Mortgage Corporation of PA, Minnesota Department of Natural
Resources,
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
applicant in the above proceeding and to me your answer to the said application in the
office of the Administrator of saiq 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 applicants in this proceeding will apply to
1
.....
....\
the court for the relief demanded therein.
WITNESS, Scott County Court Administrator
and the seal thereof, at Shakopee, Scott
County, Minnesota, this :13 day of
fYlM V\, , 1998.
By ~k- ~
Deputy
Attorneys for Applicants
HUEMOELLER & BATES
Bryce D. Huemoeller, #4782X
16670 Franklin Trail
Prior Lake, MN 55372
(612) 447-2131
~.DPROVED AS TO FORM THI~
~,~19
I ')<"> Vickerman "nl
:::~'::ut'! t:i~:::Jn~nar of ,i. as
sc~tt "county I ~.!1innesota
2
.. ---,j
. --.,.,.
..~:,;)
..i~
97-21051
STATE OF MINNESOTA
DISTRICT COURT
COUNTY OF SCOTT
FIRST JUDICIAL DISTRICT
OTHER CIVIL
In the Matter of the Application of
John B. Mahoney Construction, Inc.,
REPORT OF EXAMINER
To Register Title to Certain Land
TO THE HONORABLE JUDGES OF THE DISTRICT COURT OF SCOTT COUNTY:
Pursuant to an Order heretofore entered in the above entitled
cause whereby this case was referred to the undersigned Deputy
Examiner of Titles to examine into the title of the Applicants in
and to the land described in the Appli,cation, and into the truth of
all matters set forth therein, and particularly whether or not the
land is occupied, and, if occupied, the nature thereof, and by what
right the occupation is held, and also whether or not any judgments
against the Applicants, or those through whom the Applicants claim
title, exist, which may be a lien upon the land described in the
Application, and to search all public records, and fully
investigate all facts pertaining to the title which have been
brought to my notice; and to make a report in writing to the Court
of the substance of the proof and file a report thereon, including
a certificate of opinion upon the title; I, the Deputy Examiner of
Titles, after also having the land inspected by the County Surveyor
and having examined the records indicated on all the abstracts
filed herein, do now report as follows:
1. OWNERS. At the time of the filing of the Application herein,
John B. Mahoney Construction, Inc., a Minnesota corporation, was
the record owner in fee simple of the certain land in the County of
Scott and State of Minnesota, as described in the application, and
as follows:
Lot 6, Block 49, Townsite of Spring Lake, Scott County,
Minnesota, and that part of 7th Street and the Reserve on said
plat lying northwesterly of the southeasterly line of Lot 6
and its extension to Spring Lake, southeasterly of a line
parallel to and 10 feet southeasterly of the southeasterly
line of Block 48 and its extension to Spring Lake, and
southwesterly of a line running from the most northerly corner
of Block 49 to the most easterly corner of Block 48.
....,.... ~"J
. ---.
.~~J
\~)
2 . OCCUPANTS.
land is occupied
January 28, 1998,
the applicant.
Paragraph F of the Application alleges that the
by the Applicants. The Report of Surveyor dated
indicates the land is constructively occupied by
3. MORTGAGE. The following mortgage appears of record and shall
be contained in an appropriate concluding statement in the Decree
of Registration and set forth as a memorial upon the certificate of
title to be issued pursuant to the Decree:
(a)
Mortgage in
October 31,
Document No.
$90,000.00.
favor of Prior Lake State Bank dated
1997, recorded November 7, 1997, as
402065 to secure the principal sum of
(Abstract Entry No. 168).
Based upon the foregoing, Prior Lake State Bank shall be named as
defendant herein.
4. OTHER INTERESTS AND ENCUMBRANCES. The following other
interests and encumbrances appear of record and shall be contained
in an appropriate concluding statement in the Decree of
Registration and set forth as memorials upon the certificate of
title to be issued pursuant to the Decree:
(a) Right of the state of Minnesota in its sovereign
capacity to the beds of lakes and navigable streams, and to
regulate the use of public waters pursuant to Minn. Stat.
~103A. 201. Also possible riparian rights of the State of
Minnesota to that portion of land lying below the normal
ordinary high water line of Spring Lake.
(b) Real estate taxes due and payable upon the land in
1997 and prior years have been paid. The 1998 tax information
is not yet available.
c) Special Assessments search enclosed with the abstract
indicate that there are special assessments levied against the
subject property by Scott County for Sewer and Water Project
76-1. The amount of special assessments is $558.94 for parcel
25-133-681-0 and $631.39 for parcel 25-133-086-0.
d) Paragraph B of the Application states that the
Applicant is a corporation organized under the laws of the
State of Minnesota.
5. DEFECTS AND IRREGULARITIES. The title of the Applicants to the
land is subject to the following defects and irregularities:
2
.... .. '\ ~
:-:-"
"hW;V
2:ii~i)
~"+,,}o."
(a) There must be evidence at the hearing to support a
finding in the Decree of Registration that the Applicant and
their predecessors in title have been in adverse possession of
the subject land described in the application for more than 15
years. For the purpose of such an adjudication, the following
shall be named defendants herein:
state of Minnesota; County of Scott; City of Prior Lake;
Dalores M. Craig; Francis M. Craig; Thomas G. Craig;
Robin L. Craig; James P. Pond; C.A. Darlington; Carey A.
Darlington; A.B. Jones; Howard Copeland; H.c. Cooper; and
T.A. Holmes.
(b) There must be evidence at the hearing to support a
finding of fact in the Decree of Registration that the City of
Prior Lake does not claim or have any interest in the land by
virtue of a resolution dated February 16, 1988, recorded
February 19, 1988 as Document No. 243965. For the purposes of
such an adjudication, the City of Prior Lake shall be named a
defendant herein.
(c) There must be evidence at the hearing to support a
Finding of Fact in the Decree of Registration that the City of
Prior Lake does not claim or have any interest in the land by
virtue of a Notice of Lis Pendens dated February 12, 1996,
recorded February 14, 1996 as Document No. 366375. For the
purposes of such an adjudication, the City of Prior Lake shall
be named a defendant herein.
(d) There must be evidence at the hearing to support a
Finding of Fact in the Decree of Registration that the owners
and holders of encumbrances on Lot 5, Block 49, Townsite of
Spring Lake do not have or claim any interest in the land
described in the Application by virtue of a fence line noted
in the Report of Surveyor. For the purposes of such an
adjudication, the owners and holders of encumbrances on Lot 5,
Block 49, Townsite of Spring Lake shall be named defendants
herein.
(e) The Report of Surveyor dated January 28, 1998,
recommends that the Minnesota Department of Natural Resources
be named a defendant herein.
(f) There must be evidence at the hearing to support a
Finding of Fact in the Decree of Registration that the owners
and holders of encumbrances on Lot 1, Block 48, Townsite of
Spring Lake, do not have or claim any interest int he land
described in the Application by virtue of the driveway access
noted in the Report of Surveyor. For the purposes of such an
3
~l.
~";;
I.. ,,~...',.. '_",
:.~~~,~i~".
;/<\)
~
adjudication, the owners and holders of encumbrances on Lot 1,
Block 48, Townsite of Spring Lake shall be named defendants
herein.
6. REGISTRATION OF BOUNDARY LINE. The Application discloses at
paragraph H that the Applicants do not desire to register any of
the boundary lines of the land.
7. EXAMINATION. This report is based upon the Report of Surveyor,
dated January 29, 1998, filed herein and the examination of an
abstract containing 172 entries certified to the land described in
the Application on December 15, 1997 at 8:00 a.m., by Scott County
Abstract and Title, Inc.
8. DEFENDANTS. The parties defendant in this title registration
proceeding shall be:
State of Minnesota
County of Scott
City of Prior Lake
Dalores M. Craig
Francis M. Craig
Thomas G. Craig
Robin L.Craig
James P. Pond
C.A. Darlington
Carey A. Darlington
A. B. Jones
Howard Copeland
H.C. Cooper --
T.A. Holmes
Owners and Holders of encumbrances of Lot 1, Block 48,
Townsite of Spring Lake
Owners and Holders of encumbrances of Lot 5, Block 49,
Townsite of Spring Lake
Minnesota Department of Natural Resources
"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."
9. VALUATION. The market value of the land exclusive of
improvements, according to the last official assessment, is
$110,000.00.
10. FINAL CONTINUATION. The abstract, to include searches as to
all state and federal judgments, federal and state tax liens,
4
,,, '.. -I ~.' ,
~
' i;:, ~ '.:.; ;
,{~~:...j;,
';f~
bankruptcies, real estate taxes, and tax and special assessment
sales, shall be continued to the day of the final hearing and
submitted to the undersigned for a final examination prior to the
final hearing.
11. RECOMMENDATIONS. All the material allegations contained in
the Application are substantially true, as herein stated, except as
herein above found, and the Applicants are entitled to the relief
prayed for upon correcting the defects and irregularities above-
named.
Dated:
;)--1 0 -q~
~-li~
ee Vickerman (112744)
Deputy Scott County Examiner
of Titles
206 Scott Street
Shakopee, MN 55379
(612) 445-2817
5
,','<10
\.
...:;,J
'.;~
97-21051
STATE OF MINNESOTA
DISTRICT COURT
COUNTY OF SCOTT
FIRST JUDICIAL DISTRICT
OTHER CIVIL
In the Matter of the Application of
John B. Mahoney Construction, Inc.,
SUPPLEMENTAL
REPORT OF EXAMINER
To Register Title to Certain Land
TO THE HONORABLE JUDGES OF THE DISTRICT COURT OF SCOTT COUNTY:
The attorney for the Applicant has determined by two Reports
of Title prepared by Scott County Abstract and Title, Inc., dated
February 23, 1998, the owners and holders of encumbrances on Lot 1,
Block 48, Spring Lake Townsite, and Lot 5, Block 49, Spring Lake
Townsite, pursuant to Paragraphs 5(d) and 5(f) of the Report of
Examiner, dated February 10, 1998. Based on the reports of the
owners and holders of encumbrances submitted by the Applicant, the
parties defendant herein shall be:
Prior Lake State Bank
State of Minnesota
County of Scott
City of Prior Lake
Dalores M. Craig
Francis M. Craig
Thomas G. Craig
Robin L. Craig
James P. Pond
C.A. Darlington
Carey A. Darlington
A. B. Jones
Howard Copeland
H.C. Cooper
T.A. Holmes
Mark S. Heinz
Mary K. Heinz
GMAC Mortgage Corporation of PA
Minnesota Department of Natural Resources
1
"'~'.;'
'., "'.-'
~;:'.:i~~;"
'~"
"~"'..
~ ", "":
~':.,'
"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."
Dated: ~ /).) It{tt~
Lee VlC erman (112744)
Deputy Scott County Examiner
of Titles
206 Scott Street
Shakopee, MN 55379
(612) 445-2817
2
[.
MAR 3 , 1998
~
HUEMOELLER & BATES
ATTORNEYS AT LAW
16670 FRANKLIN TRAil
POST OFFICE BOX 67
PRIOR LAKE, MINNESOTA 55372
JAMES D. BATES
BRYCE D. HUEMOEllER
March 30, 1998
Telephone (612) 447-2131
Telecopier (6121 447-5628
To defendants named in the enclosed Summons in
Application for Registration of Land:
We represent John B. Mahoney Construction, Inc. 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 yours,
iJJ A~I /Q. ~~
B~d. ~emoeller
!~
BDH:ab
Enclosure
cc: John B. Mahoney Construction, Inc.
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 John B.
Mahoney Construction, Inc., applicant v. Prior Lake State Bank, et aI., defendants, case no. 97-
21051, 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 ONLY AN ADMISSION
THA T 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 w~ed o~arCh 30, 1998;
/1(, '1rJr-HA1/
Ignature
ACKNOWLEDGMENT OF RECEIPT OF
SUMMONS IN APPLICATION FOR REGISTRATION OF LAND
I declare, under penalty of perjury, that I received a copy of the summons' n application
for registration of land in the above-captioned matter at 16200 Eagle Creek A e, Prior Lake,
MN 55372.
t=:-lPR 1216 ' % 1212: 5::;PM HUE MOELLER & BRTES
F- ~ 1. .3
:FAX TRANSMISSION
HUEMO.ELLER & BATES
16670 F'RANKUN TRAIL.
P~IOFl LAK,,", MN 5;:'372
(612) 447-2 I 31
FAX: (6 12) 447-562B
Pages:
April 6, 1998
10f3
]<~ax #:
Verlyn/City of Prior Lake
447-41263
Date:
To:
Subject:
Ann BuszmaIll1, Secretary
Mahoney Registration Proceeding
From;
--:..:
CONFIDENTULrTY NOTICE: The doculflo!7Ir(s) accompanying III is f(J.{ conlain conjidlf:nria! informa1ion which i,; leg..!i!v
privileged. The infcU'lnari0l1 is illrended only for III(: [I"I! o/rlle irlllf:nded recipiML ~rjOIL l1.fe IlOllhr: irII<'/ld",d re,'ipiew,
you are ha..:by /!orijif!d rhot (.my Jisclosurlf:, copying, di.l'uiburiolt or Ih/! rakillg of any oeliOlI ill relione,e' 011 flu C(>rllf'IIIS
of'rhe le{eccpied injr;rlr/ariolt e;;reepl iI.... dire,'I dt!/ivery to lIlt! intended fecipie7l1 nam/!'d abow is slricdv Fronibire'd. {!
-"ou huve received r/lis fax in aror, pilla..../! /!(Jlify ILl' immedi{,/uly by rel"phone TO OITwlge for rlf:lum of tho' ,JriiJiJtCLI
d()u.lmenls 10 u.,-
COMMENTS:
Attached per your request is copy of Resolution 88-13 with regard to the above
regislration proceeding.
ab
HR 6-0Q \,In:J
... . - "''' jLJ.."
1: 34 PM
SCOTT CO RECORDEK
jtfu. NU,
tJ iL'i:~OD! JO
! . I..
CITY OF PRIOR LAKE
PZ::SCLtrnCtt 88-13
~Ul'ICN PROJIDIN(; fOR 'mE: V'AC..'.TIai or M:SERlJ'E (x)N1~tNm
IolI'mlN PA,Rl'I OF '1'H& PlAT OF ~ tAKE 'lOlNSI'l'E.
~8Y
WU&
l"O'.t'I~ BY ~.
LARSOH
~~, the CLty council of Pdor Lake on its cwn motion, endeavors to
vacate part of the followln9 described Reserve.
r..EGN. DE$CRIP1'I~
1"1 '
"
'rh4t part. of the kser:ve lying between the SOuthHSterly 1me of
Lot 4, alock 51, extended to Sprin9 Lalc.e and the Northwesterly
line ertendec3 Southerly of fAt 4, Block 51, to Spt~1 Lake.
Also that part of said Peserw adjacent to Bloc~ 47, of E:ald plat
lying NortltJestedy of the Soutl'westerly extens.Lon of the
No[t:.hwesterly line of LUghth Street in Bald plitt and lying
Easterly of the Sou.thedy extensIon of the Easterly line of '1'en\;h
Street in said plat.
Also all that part of said Reserve adjacent to Blocks 48 and 49,
of 5ald plat lying Southeasterly of the S/:)utn.,.eet(:rly extension of
the NorthWesterly line of said Block 48: and Nortrr.lesterly of the
soutbwesterly e~enslon of the Northwesterly line of SiMth Street
in said plat. EXctPrniC therefran that part of said Reserve
contained within the Southwesterly extension of the Northwe6tedy
and southea6tetly lines of Seventh St.reet in said Plat.
,~
~, notlc.:e of tl1e hearing on said Motion to Vacate has been duly
publ ishea anc1 post~ in aeeorOanc:e with the applicable Hinnesoto
Statutes, and
Draf~ed By: City Of Prior Lake
(612) '(41.4~30
AI)21) DAKQTA $TAEET S.E.
P.Q, IIQX. :J$'
PRIOR LAKE. MINNESOTA 55:172
~,Jltll] ";! dT! !]i)[.JJi-IH lJd'3S: ::::0 :::It:, , 9l",1 ::idl::!
APR- 6~98 MON 1:3~ rM ~CUIl LU Kt~UKU~K
r^^ fiV, Ul~~~VV.JV
~
WHEREAS_ the City council then proceeded to hear all t:ersons 1nt(~rested in
said ~tion to. Vacate and persons interested aff()fded the
QppOrtunity to present:. their views and objections to th(~ granting
of saidvacatlcn.
WHEREAS, the city Council of PdOt Lake has aeter:mined that the vacat10n of
said ru::sERV'E would be in the p.Wllc Interest.
MIEREAS, all of the 8boYe p~oper~ 18 considered to be N:JStraet or
unregistered pcoperty.
lPof !H~OF.E BE IT ~VW BY 'mE MAYOR MD Crn" cx::xJN:tL Of' PJiUOR I.AFZ,
MmNESJI'A, ~hat pU.r(.uant to Hj.nnesota Stat~tee U2.S51, the abO'.re legally
deseribed rusERVE: and WA~ situated in the City of Prior lr.ake, ScOtt
County, I1innesota 1/3 hereby vacated.
BE IT nmni!:;R ~vt1) that. this Pel601ut1on wl1l be forv~ded to the Off1~
of the, O:>unty ~ot'der, Scott CoW'lty, for appropriate action.
Passed and adopted tb1s 16th &sy of Fel:lruart--" 1988.
ns. lI2
Andren X Andren
Fitzgerald AblJ!& titzgerald Absent
Larson ..L- Larson
scott -L. SCott.
Hhite ..L White -
~ld J. umaeht
ity Manager
City of prior Lake
{seal}
.,L:.. .
~ . l~ ! i .
.' ...._..~~...:.:.::.~
l '.;r):....~:" .. 0', .
. i~.~'I':" . ;!"'.~;.', ,'.
-~.". I" .. ".:~.: ....}. '
. ~ .. ~' ..., . : I.
, '
" ' ....
, . ~
~ .
'.1 . .
..,.. ..
..... .. _.1
, .
, .
. ~ -'..
pw:J;.
.1.... ~l t, I'~" ~oC.'''.
~ -.... C."~l,, II."""
, ~.'.Dr ....., ,..... r,..1IIIIIl ",,-.,-,
...~1\i" -~.
I"~ 'I" 411I
&.D. .. .1 J.'
.' G 4v" P". .~
~~
%d p~, ,~
p~ J'Io ,JS7
Pi .s"'.s-!'t51..
,'.-
.; ,
. ".'
_ . ..... . ~'<'" . .".
I~FR 08 ' '38 0'3: 1 '3r:IM HUEMOELLER & BATES
I~. 1/1.;
:FAX TRANSMISSION
HUEMOELLER & BATES
16670 FRANKLIN TRAIl..
PF:lIOR u.KE, MN 55372
(6 I 2) 447-2 I 3 I
F'AX: (6 I 2) 447-56ZS
Pages;
April 8, 1998
1 of 17
.fax #:
Verlyn/City of Prior Lake
447-4263
Date:
To:
Subject:
Ann Buszmann, Secretary
Mahoney Registration Proceeding
From:
CONf"JDEiVI1ALlTYIIJOT/C!i. TII/! doculrlel1l(.,) a(;(:ompanying l/lis/ax "onlain L'(}/!/eJ/!/zcial flzjimrUlli'JIl which is f.-gal/v
p", liilegecJ. Th.- informalioll is inlended (J111v fo" clIl! uu of clu intemd..d rt!cipit!/lf. '(you ar/! ,WI Ill" ime/lded recipiem,
you are h.:relJ)I /Wlifil~d cllar allY disclo:;un:, CeJpyillg, dislribUlioJ1 or Ihl! raking of any (Jclioll in ""iiUIlL" oil Ill. conlenT.>
0/ che cel<:''L'pied infoal1acioJ1 exapr i:.>' direcl dc!livery 10 ch/! illl<:l1d/!d TllL"ipien: named abo,'C' is \"trier/v prohibilt'd. if
YOlt haw receivt!d litis jiD:. in i!r"or, please notify us imll1r!diar.:/v by I<:l/!phone 10 arrangll for relUI'7/. (~I'hc o/.igi,wl
ducuJ/teTlf.' '0 us.
-:
:..~
--
COMMENTS:
Attached per your request is copy of Notice of Lis Pendens with regard t,) the
above registration proceeding.
ab
~ ~ APR 08 '98 09:19PM HUEMOELLER & BATES
..
P.2/17
. '.
DISTRICT COURT
ST ATE OF MINNESOTA
COUNTY OF seO'IT
FIRST JUDICIAL DISTRICT
CASE T'lPE: CONDEMNATION
Coun File No. Cj b . /598'
IN TIlE MATTER OF CONDEMNATION
BY THE CITY OF PRIOR LAKE.
MINNESor A Of CERTAIN LANDS IN
-mE CffY OF pR]OR LAKE
NonCE OF LIS PENDENS
No state del~d taX is due the State of Minnesota. on this instrument.
Dated: Februcuy 12. 1996
POPHAM. HAlK, SCHNOBRICH & KAUFMAN. LTh.
By s~.~AIJe
Steve.n A. Kaye
Suite 3300. 222 Ninth Street South
Minneapolis. MN 55402
(612) 333-4800
Reg. No. 199345
Reg. No. 2.11308
Attorneys for Petitioner City of Prior Lake
~
lbis Petition was drafted by Popham, Haik. Schnobrich & Kaufman. Ltd., Attorneys at Law.
II SO
D~"'. 1/D.~u..lq31 tgL\.
v;,J...!i2.- ~O~ft. ~I a
o'I":I:ClI GP 'nil uo;:.~1U. o. n~
.c:m:'1' CI:IlDft"r, ~~
'~1f"A4 tUe4 DQ
.-;>/-J 4-
6101l21061S12J12l".l6 i
"
:~~ ::~~::~20D a-l ~
5~ o:lllII'l."T.. )lINPtl!C'l'A
~U~ A:ll~P or ~~I.~oo.S an
1>~9~'
:~11-~~' s-r-ty .~......
b~.I-<- IJIu41. INliJ!;p..pl>.<:;.i
I ~j48
1 7l..{'/- 9
~. :t t.J S4-'~
APR 08 '98
09:20A~ HUE MOELLER & BATES
STATE OF MINNESOTA )
) 58.
COUNTi OF HENNEPIN )
The foregoing instnlment was acknowledged before me, a nowy public. this Jk day
of February, 1996, by Steven A. Kaye of Popbam. Haik, SchIlobrich & Kaufman. Ltd.,
attorneys for the Cir)l of Prior Lake. Minnesota.
TInS INSTRUMENT WAS DRAFTED BY:
popham. Haik, Scbnobrich &. Kaufman. Ltd.
Suite 3300, 27.2 South. Ninth Street
Minneapolis. MN 55402
(612) 333-4800
(SAKaye)
,
'"
610l22l06181 ~Ull6
- 2 -
~A.\I O. t.\'fS1E\'l$\O \
1lO1'~ pUiUC.1I\1~
_.-InD b~'4tI J-- :I \ - tiQO
~~--- --
F' . 3/1 7
APR 08 ' c:JE_-J
09:20RM HUEMOELLER & BRTES
F'.4/17
EXWBIT ftt,.
PARCEL 1
A permanent and perpecu:d easement for public street. sewer, utilit)". and drail'.L3ge purposes over.
across. upon and under the real property legally described as follows:
A. strip of land (50.00 feet in widlh over that part of QoVe.m1D.ent Lot 2. lying East of the weSt
570.0 feet thereof :md Northerly of Spring l....ake Townsite and the plat of Butternut Bead.. and
th.'at part of Governroeot Lot 1. Jying Northerly of Spring Lake Townsite. all of the above
being in Section 4, Township 114, Range 22. Scott County, Minnesota, the centerline of which
is described as follows:
Commencing at the Southwest comer of the Southwest Quartet of the Northwest Qu3Ite! of
Section 3. TO\\'DShip 114. Range 22. in said County~ lheJ'lGC North 61 degn:es 24 minutes 19
secondS Ease. assuming the West line of said Southwest Quarter of the Nonhwest Quatn:r of
Section 3 bear:, North 00 degrees 20 minutes 10 seconds East. a distance of 654.48 feet tv the.
point of beginning of said centerline to be described; thence. Southerly a distanee Gf 87.75 feet
along a nontangential curve concave to the West having a. radius of 300.00 feet and a.central
anele of 16 degreeS 45 arlnutes 31 seconds. the chord of said ctU'Ve bears South 31 degrees 04
minutes 05 se:mnds East f1) a point to be herein31i:cr referred to as Point A~ thence contlouiQg,
Southe'fly and Southwesterly a distance of 330.31 feet along said curve ba"ing a radius of
300.00 feet and a eennl angle of 63 degrees 05 minutes 43 seconds; thence South 40 degree..<;
24 minutes 24 seconds West tangent to me last described curve a diStance of 153.14 feet;
thence Southwesterly a distance of 14.32 feet along a WlgentiaI curve concave to the
Nonhwest having a. radius of 300.00 feet and a e;enual wgle of 02 degtees 44 minuteS 03
seconds [Q a point to he hereinafter refwed to as Point B; thence c.onolluing Southwcsterly a
distance of 185_17 feet along said curve having a radius of 100.00 feet and a centra angle of
15 ckgteeS 21 minutes 53 seconds to 3. point to be hetein:after referred to as Point C; tbena:
continuing Southwesterly a distallce of 4.8.5 feet along said curve having a llldtllS of 300.00
feet and a central angle of 0 degrees S5 minuteS 33 seconds; thence South 79 degrees 25
minutes 53 seconds WeI:.t t3Dgent to the last desaibed curve a distance of 122J)6 feet; lbence
Westerly a dlstaD.ce of 102.65 fut along a tangential curve concave to the South having a
radius of l.4CO.OO feel and a. centnl angle of 04 degrees 12 minures 04 seconds; thel3ce Suuth
75 cregrees 1~ minutes 49 seconds West tangent to the last described curve a distance of 74.96
feet; thence Westerly 3. dis~ce of 43.76 feet along a ungentiill (.1UVe concave to the Nonh
having a radius of 300.00 feet and a central angle of 08 degrees 21 minutes 24 seconds; thence
Westerly and Southwesterly a distance of 176.2& feet along a reverse curve ronca"e to The
South~asl having a radius of 800.00 feet and a central angle of 19 degrees 47 minuteS 14
seconds to a paint to be hereinafter teferrea to as Point D; thence condnuing Southwesterly a
distance of 85.79 feet alollg said orrve having a radius of 800.00 feet and a central angle of 06
degrees 08 minutes 40 seconds; thence South 57 degrees 39 minutes 21 seconds We;.t lJWgenI
to the last desaibed curve a 4istance of 228.97 feet; thence South......esterly a cUstance of 162.36
feet along a tangential curve conca....e to the Southeast having a radillS of 1.500.00 feet and a
central angle of 06 degrees 12 minures 06 seconds: then'-C Southwesterly 3Dd Southd'ly a
cllsrance of 326.55 feet along a. compound curve concave to the Southeast having a (a,diu.-, of
500.00 feet and a central angle of 37 degrees 25 minutes 12 seconds and said cenrerline there
terminating.
Said strip of land is to extend by its full width from the. West line of Notthwood. accon.1lng to
said plat on file aJld of ~cord in the office of the County'Recorder. SCOtt County. MinnesO(;l.
tSl0f22l0l2312J121'J6
RPR 08'g8 0g: 21R~' HUEMOELLER & BRTES
P . 5/1 7
to a line whictl bears North 75 degrees 57 minutes 57 seconds West and passes through the
point of tenninatlon.
A permanem and perperoaJ easement for publiC sewer, utiUty. and drainage purposes (lVec-, across,
upon and under that part of said Government Lot 1 legally described as follows:
A suip of land 20.00 teet in width the centerline of which is described as follows;
Beginning ar said above rderenced Point D; tben.ce South 26 degtees 11 minutes 59 seconds
East. racJ1al tel the above desaibed centerline. a c1isamc:e of 30.00 feet; rhenl:e South 05 degrr~.s
50 minutes 39 seoonds East a dlst.ana of 130.00 feet and there re.rmi1Wing.
Said sttip of land is to extend by its full width from the Southeasterly line of the ahon
described 60.00 fooe wide perpetual easement to a line wbich bears North 84 degree6 09
minuteS 21 seconds East and passes through the point of Itrmination.
Also a strip of land 20.00 feet in width over said Govemme.nc Lot 1 lb.e Southerly.llne of
which is cJesCdbed as follows:
BegiD.Ding a[ me Nortb:West romer of Lot 6. Block 22, nid Townsite of Spring Lake; thence
E~tetly alOlll~ the North.e:rly line of said Lot 6 a distanCe of 45.00 feet and there rerminating
Said strip of 'land is [0 extew:1 by its full width from the Easterly line of !he above described
60.00 foot wide perpetllal easement to a line dnwn Northerly and perpendicular lO said
Northerly lint: of Lot 6 from said point of tetm.inatlon.
It is the intention of the Petitionee to ar:quire an easemem are'll. over. across. upon and under the above-
described real propet1:y, including but not limited to the following interests. but not including the
interest of the City of Prior L3ke in streets adjacem to saJd real property.
!3ID:
Interest
Scott County
United. StateS of Ame:nca. Department
of Housing and Urban Development
Fee
Right to consent to any tranSfer
~
"
'10i2210~32 2/12196
- 2 -
RPR 06 '98 09:22AM HUE MOELLER & BATES
P. 6/1 7
"
!.XlIIBIT A
PARCEL 2
A permanent and pcrpt~tual easeJ1lent tor publlc street. sewer. utility, aDd drainage purposes over,
across. upon and under the real property tegally described as follows:
A strip of land 60.00 feet in width over Wl; part of Lots S and 6, Townsite of Spring Lake.
according to said plat on file and of recoro in the office of the Count)" R&t:lrder, Scott Counr,
Mionesota, the centerline of which)5 desaibed as follows:
Corrunenclng :It rhe Southwest corner of the Southwest Qulll1U of the Northwest Quarte.{" of
Section '3. Township 114, Range 22. in said County; d;lence North 67 degrees 24 minutes 19
seconds East. &.Ssumlng the West lIne of said Southwest Quarter of the No1'thwest Quattel' of
Section 3 bears North 00 degrees 20 minuteS 10 seconds East. a dlSWlce of 654.4& feet to [he
point of beginning of said centerllDe to be described; thetloe Sourhe.rl)' a distllIlce of 87.75 feet
along a norn.angential curve conca:ve to the West having a radius of 300-,)0 feet and a central
angle of 16 degrees 4S minutes 31 seconds. the chord. of said curve bean; South 3J. degcees C>>
minuteS 05 seMods East to 8 point to be hereinafter refc.m:d to 3S PoiDt A~ thence continuillg
Southerly and Southwesterly "3. distance of 330.37 feet along said curve having a radius of
300.00 feet and a central arIg1e of 63 de~ 05 minutes 43 seconds; then.ce SOlltll40 degrees
24 minutes 2&:, seconds West tangent to the last described curve a distaIlc:e of 153.14 feet;
thence Southwesterly a distanCe of 14.32. feel: along a ungenrlal curve concave to the
Northwest ha'{ing a radius of 300.00 feet and 'lI. central angle of 02 degrees 44 minutes 03
seconds M a point to be hetelnafter referred to as Poil'lt B; thence continuing Southweslcdy a
disGlOce of 185.17 feet along said curve havi1'l.& a radius of 300.00 feet and a centnl angle of
35 degrees 21 minuteS 53 seronds to a poInt to be hereinafttr refetred to as PoitlI C; lhence
conIinulng SI)uthwesterLy a distance of 4,85 feet along said CUIVe having ll. radius of 300.00
feet and a central angle of 0 degrees 55 minutes 33 seconds; thence South 19 degrees 25
min1lt~s 53 sc:conds Wes[ Wlgenr to the laSt described curve 3. distance of 122.06 feet; thence
W~terly a disunce of 102.65 feet along a tangential curve concave to the South h2ving a
radius of 1.400.00 feet and a central angle of 04 degrees 12 rninure.s 04 seconds; thence South
75 degrees 13 minutes 49 seconds West tangent to the last desCribed cut'U'e a distance of 74.96
fee[~ them::e Westerly a dlstanGe of 43.76 feet along 3. tangential CUf'Je ooncave to tlle Nonh
having a radius of ~OO.OO feet and a centtal ~gle of 08 degrees 21 minuteS 24 seconds: thence
Westerly and Southwesterly a distance of 276.2& !eet along a reverse curve concave to the
Southeast ha'lIing a ndlus of 800.00 feet and a central angle of 19 degrees 41 minures 14
seconds to a point to be hc:re.inafter leferred to as point D; thence continuing SOUIDwt$terly a
disrance of 85.79 feet along said curve having a radius of 800.00 feet and a a:ntnl angle of 06
degrees 08 minuteS 40 seconds; thence South 57 degrees 39 minutes 21 seconds West tangent
to the last described curve a distance of 228.97 feet: thence Southwesterly a dist"...mce of 162.36
feet along a tacgential curve concave to the Southeast having a radius of' 1.500.00 feet and a
central angle; of 06 degrees 1f minutes 06 seconds: tl'le.nCe Southwesterly and Southerly a
distanct: of !.26.55 feet along a compound C'IlIVe concave to the Sou1:l'1eaSt having a ra-dius of
500.00 fuel :lIld a central angle of 37 degrees 25 minuteS 12 seconds and said centerline there
t.enninat:i11&.
:--....
Said SU'lp of land is to l:Y.rend by its full width from the West line of Nonhwood. acCl'ilding l:0
said plat on Jile and of record In the office of the County Recorder, Scott County. Minnesotl!l.
[0 a line wblch beacs North 75 degrees 51 minutes 57 seconds .West and passes throt.lgh the
point of terminarion. "
61on.11082311112196
RPR 08 '98 09:22RM HUEMOELLER & BRTES
. "
A temporacy easement for construction purposes over, aaoss. upon and under that part of said Lms 5
and 6 legally describoo as follows:
'That part of said Lots oS and 6 wbich lies Easterly of me above described 60.00 foot wide
perpetual easement and Westerly of the folloWing described line.:
Beginning at 3-polnt on the Southerly line of said Lot 5 distmlt 10.00 feel Easlefty of lIle
Soutbwest corner of said Lot 5 as measured along said Southerly line; r.beDCe Nocthf:dy to l'I.
poInt on the NClJ:therly line of said Lot 5. distant 1S.00 feet Easterly of the Northwest cot'I1ef of
said t.ot 5 as measured along said Northerly line; thence Northeasterly to 3 polllt on the
Nottbefly lint of said Lot 6 d15tmt 30.00 feet Easterly of l:he Northwest corner of said Lot 6
as measured along saJd Northerly tiDe of Lot 6 and there tenninatlng.
Said remporuy easement to expire July 1. 1997.
It is the intention of the: Petitioner to acquire an easCIIle:nt area over. acroS5. upon and under .tiC ..bove-
described real property. including but not limited to the fOllowing inu:re:sts. but Dot includirlgthe
IDtereSt of the City of )~or Lake in streets adjarent to said real propertY.
~
Interest
Scott County
Fee
~
"
61otl21QB23221121i16
- 2-
F'.7/17
RPR 08 '98 09:23AM HUEMOELLER & BRTES
EXHIBIT A
PARCEL 5
A permanent and perpetual easement for public sew~, utl.Uty. and dra.i.nage purposes over. across.
I1pon and under lhe. real propertY legally de.scdbed :as follows:
A strip of land 24.00 feet in width over that pan of Lot 60. NQrthwood. according to said plat
00 file and of tb:ord in the office of We CoW1l.Y Recorder. Scott CoUlllY. MiI:l:!leSOta. the
Northwesrerly l1ue of which 1S described as tbUows:
,..</ Commencing at me Southwest (;OtIla' of the Soulhwest Quaner of the Nonhwest Quarter of
Section 3. Township 114, Range 22. Soou. County. M]DtJt:Sota; thence NQt'[berly along the
Wt:1it line of said SoU1b.\liest Quarter of the Northwest Quarter a distance of 255.03 feet: thence
Northeaslerly, ddled:lng to the right 63 degrees 16 mJ,nutts 31 seconds a disrance of 475.48
feet to the poiIlt of beginning of the line to be. heIeil:ll'lft,a- desctlbed; thence conrinulng
Northeasr.erly. a:ong the NOttheasr.erly extension of the last descrlbed. line. a dist;am::t:of 206.70
feet; thence deflecting to the left. 10 degrees IS minutes '37 secoDds a dl5t3nc.e of 120J)() feet
and there temLlI1lltlng.
Said strip of land is to extend by 115 full width from the Nonheasterly right-of-way line of
Northwood Road as dedicared in said plat to a lIne drawn SOUIheasterly from said poiIl( of
~rmination. ~rpendlcular to said above described line.
A temporary easement for consl1\lclion purposes over, across. upon and tinder that pan of said Lot 60
legally described as fol1lows;
Th.at part of said Lot 60 which lies Westerly of the following desmbed line.
Begionlllg at point on the Southwes(~ly Une of said Lot 60. disW1t 40.00 feet Southeasterly of
(be Northwest I~m& of said Lot 60 as measured along said Southwesrerly line; thence
Northerly to a point on the Northc:rly tine of said Lot 60. disunt 20.00 teet Eas1eIly of said
Northwest comet' of Lot 60 as measured alol:lg said Northerly line and there re.rmill2t1ng.
Said temporary easement to ex.pire July 1. 1991.
It is rhe intention of the Petitioner to acquire an easement area over, across. upon and w1der the above-
described real propeny. including but not limited to the following intereSts, but not iDcluding the
interest of the City of Prior talee in streetS adjacent to said real propett)'.
~
Interest
,
Ge.nld W. Cooke
Sue Eliz:abeth Cooke
Knutson Mortgage Corporation. f/Wa
KnutsOn Mortgage and Financial
Corporation
Prior Lake S13te Bank
Fee
Fee
Mortgagee
Mort&agee
'"
610122l0823221l2l9Ci
P"EJ/17
RPR 08 ' '38 0'3: 23Rl1 HUEMOELLER & BRIES '
P. 9/1 7
EXHIIUT A
PARCEL 6
A permanent and perpetual casement folt public sewer, utility, and dfafnage purposes over. across,
upon and under the ceil plOpeny legally described as follows:
A saip of lane! 24.00 feet in width over tlW part of Lot 59. Northwood. according to said pial
on file and of reOOId in the office of the CountY Recorder. SCOtI County. MinneSota. the
Normweltedy line of which is described as follows:
Commfl'ndng :u the Southwest c:omer of the South welt Quarter of the Northwest Qu3Itef of
Section 3. Towmhip 114. Range 22. SCOtI County. Minnesota; thence Northerly along the
/" West line of said Southwest Quarter of the Northwest Qu~r a disrnnce of 255.03 fut~ thence
Northeasterly. deflecting to the right 63 degrees 16 ulinure.s 31 seconds a. dlstance of 475.48
feet to the point of beginnlDg ot the line to be heteirJ31te.r describeO; thence contlnwng
Northeasterly. along the Northeasterly extenSion of the last described line, a distaIJt;c JJt' 206.70
feet; thence deflecting to the left 10 ckgrees 18 minuteS 37 seconds a dJStance of 120.00 feet
and there a:.rwi.aatlng.
SaId limp of land is to ~rend by its full width from the Nonhea5ttrly right-<lf-way line of
Northwood Road as dedicated In said plat to a line drawn Southe.3Slfily from said poInt of
ternUnatlon, p~dicular to said above described line,
It is the jrrrentlon of tbe Petitioner 10 acquire an easement area over. across. upon and unl1er the above-
described real propen:f. includiDg but not limIted to the following interests, but not including the
iorerest of the City of Prior Lake in streets adjacent to said real propertY.
~
~
Calvln D. Brown
Fee
Mc:mlee Brown
1ncho~
~
"
610t'22l08232 V12l\l6
.
.
09:24AM HUEMOELLER & BATES
P.10/17
APR 08 '98
EXHIBIT A
PARCEL 13
A pennanent and pe~petua.l easement for public street. sewer. utility, and dr:ainage pwposes over,
across. upon and und::r the real property legally described as follows:
A Strip of land 60.00 feet in widrh over that part of Outlot A. Northwood, aCalrding to said
plat on file and of record in the office of the County Recorder. Sam COMty, Minnesota.. the
cenr.erllne of which is described as. follows:
\
Comm.encJog at the Southwest corner of the Southwest Quarca of the Nonhwesl Quartet of
Section 3. Township 114, Range 22. in said County; ~ North 67 degrees 24 minutes 19
seconds East. assuming the West line of said Southwest Quarrer of me Northwest Quarter of
Se.:tlon 3 bears North 00 degrees 20 minutes 10 seconds E:.ls[, a d.istance of 654.48 feet ro I:he
point of beginning, of said centerline (0 be descr.lbed" said point to be hereinafter referred to as
Point E; thence Southerly 3. disWl.ce of 87.7S feet along a nontallgential curve caru::.ave to the
West haVing a radius of 30lHlQ feet and a central angle of 16 degrees 45 mim1ces 31 iecoods.
the chord of said curve bears South 31 degrees 04 minutes 05 seconds East iO a. paine ro be
hereinafter referred 10 as Point A; thence continuing Southerly and Southwesrer1y a distance of
330.37 feet along said curve having a radius of 300.00 feet and a cemral angle of 63 deprees
OS minutes 43 seconds~ thence South 40 degrees 24 minuleS 24 seconc1S West t2DgenllO me
last described curve a distance of 153,14 feet; thence Southwesterly a distance of 14.32 feet
along a t3ngen.tlal curve concave ill !he Northwest having a radius of 300.00 feel and a central
:mgle of 02 degrees 44 ntinutes 00 seconds to a point to be herei.n.after referred 00 as Point B:
thence continuing Soumwe.sterly a dlstanc:e ot 185.17 feel along said curve having a radius of
300.00 feet and a central angle of 35 degJeeS 21 minutes 53 secoDds to a point to be
hereinafter refi:ued to as Point C: thence comlnuing Southwesterly a distance of 485 fat
along said curve having a radius of 300.00 feet and a central angle of 0 degrees 55 mioutt.:s 33
seconds; thence South 79 degrees 2S minures S3 seconds West tangent to the last descrlbed
curve a distance of 122.06 feet; [hence Westerly a distance of 102.65 feet along a tangential
curve conca....e to the South having a radius of 1.400.00 feet and a central angle of Q4. ~g(ees
12 minutes 04 seconds: thence South 7S degrees 13 minutes 49 seconds West tangent to the
last descnbed curve a distance of 74.96 feet: and there tenninatln&.
Said strip of land is to extend by its full width from a line wbich bears NOIth SO de~ 33
minutes 11 seoonds East and passes through said poiDt of beginning to a line whIch bears
Nonh 14 degrees 46 minutes 11 seconds West.. and passes through the point of td1Il.ination.
Also a strip of land 60.00 feet in width over said Outloc A. the ceDt.erllne. of which is desctibed as
follows:
,
Beginning at sJ.id above referenced Point B: thence South 46 degrees S 1 minures 33 ser.ollds
East. r.n:ital to me first above described centerline. a cUsrnnce of 80.00 feet to the We.stel'ly
right'of-way tine of NorthlolJ"Ood Avenue as dedicated iIl said plat (now kn01VlJ as Northwood
Road).
Sald strip of land is to extend by its full width from the Easterly line of the first abOve
deSOlbed 60,00 foot wide perpetual easement to said We:jterly right"of~way line.
61012.21081'2. ~U9Ci
RPR 1218 '98 as: 25Hr1 HLlEMOELL.ER & BRTES
P.l1/17
A permanent and perpetual e3Sement for public sewer. utility. :wd drafI13gc purposes over, acrus:s.
upon and under mar part of said OutlOt A leglLlly desCribed as foUows:
A strip of land 20J)Q feet in width tlte centerline of which Is described as follows:
Begioning at said above referenced Point C; thence North 28 degrees 54 minures 23 seronds
West, not mdial to the first above described c.enrerHne. a disune:: of 68.00 feet aill! ihete
terminating.
Said strip of land is to extend by its full wIdth from the Northerly liDe of the first above
described 60.00 foot wide perpetual easement to a line which bean; North 61 degrtts 05
minutes 37 seconds East and passes through the poInt of u:ro:Iination...
Also a strip of land 20.00 feet in wIdth over said Outlot A. the centerline of Wrucll i$
described as follows:
Beginning 3! s;ti.d above referenced Point A; rhence South 67 degrees 18 minutes 42 seconds
West. radial te- the tirst above described centerUoe. a distance of 40.00 feet and !here.
tenninati~g.
Said Strip of land 1s to exrend by its full width from the Southwesterly line ot the first above
described 60.00 fOOl wide pe.rpetualeasement to a line drawn parallel with 3IId dislaCIt 10.00
feet Southwesterly of said Southwesterly line of the first above desaibed 60.00 foot wide
perperoal easement.
Also a strip of land 20.00 feet in w1dth over said Outlot A. the c:t:nterliIIC: of which is
described as follows:
Commencing at said above referenced Point E; thence North 39 degree.s. 26 minures 49
seconds West ~l distance of 124.75 feet to a point to be hercina.fter refeIred to lIS Point F;
thence continuing Nonh 39 degrees 26 minutes 49 seconds West a distance of 149.19 feet to
the point of beginnIng of said centerline; thence South 53 degl'ees 10 minutes IS seconds West
a dtsi31lCe of 52.81 feet and there terminating.
Said strip of land is to extend by its full width from the SolIthwcsretly dghLt()f.way llne of
said Northwoocl Road [0 a line drawn perpend1ct1lar to said ceruaIlne and passes through the
point of termination.
A permanent and perpetUal easement for public street :md sidewalk purposes over, across, Upou <..uJ
under that pan of said Outlot A legally desaibed as follows:
A strip of land 16.00 feet in width. the Northeas~ly line of which is condguous with t'd.hi
Southwesterly tight-ot-way line of Northwood Road.
Said strip of land is m extend by its full width from a line which bears South 53 degrees 10
minutes 15 seconds War. from said above re!etentZd Point F to a 11ne drawn parnllel with and
distant 50.00 feet Westerly of the Westerly line of Lot 61 in said plat and its Southerly
extension.
"
6[aa2108232 VI 2196
- 2-
RPR 08 '98 09: 25~~M HUEMOELLER & BRTES
..
P.12/17
\.. .
A permanent and perpe-rnal easement for public street and sidewalk pUIpOses over, across, upon and
under thar pan of Government Lots 6 and 1 in said Section 3, and said Outlot A legally descIibed is
(ollows:
A strip of land 16.00 feet in width, the Easterly and Sootheasterly lines of which are
COntIgllous wirh the Westerly and Nonhwestcrly right-of-way line of said Northwood Road,
and its Sour.herly extension.
Said strip of la.ud is to extend by its full width from a lIne drawn parallel with and dlStallt
66.00 feet Southwesterly of the Southwesterly line of Lot 60 in said plat and i~ NorThwesterly
extension to the North line of said Government Lot 7.
A perman~nt and perpetual eas~ment for public utility, sewer 3.fld drainage purposes over, :lO"CSS. upou
:and under said Outlot A legally descdbed as follows:
A strip oC land 20.00 feet in Width the centerline of which is descrtbed as rol1ows~
Beginning at the intersection of a line drawn parallel with and distant 50.00 feet Westeriy of
tl1e Westerly line of Lot 76 in said plat and lts Northerly extenston with a line drawn par3l1el
With and distant 50.00 feet Northwesterly of me Northwesterly line of Lot 71 in Sa1d. plat; am1
its Southwesterly extension; thence Southerly, along said line drawn p:uallel wiTh and distant
50.00 feet We.stl~ly of the Westerly Une of Lot 76, a distance of 60.04 feet to the point of
beginning of said ~terlioe to be hereinafter described; thence Westerly, deflecting to the right
90 degrees 00 mtnures 00 seconds a distance of 33.00 feet and there rerminating.
Said slrlp of land is to extend by Its full width from said line drawn parallel with and dismtlt
50.00 {eel Westerly of the Westerly line of Lot 76 to a line drawn ptrpendLcular to said
cenre.rli.ne and passes through the point of termination.
A pet11UIllent and pezpetual easement for publlc sewer, Utility, drainage, and ponding purpo$e5 over,
across. upon and under that part of said Outlot A and Government Lot S in said Section :3 legally
desctibed as tollows:
Comme.ndng at said Southwest comer of the Sourhwest Quarter of me Northwest Qu:uta" of
Section 3; thence North 00 degrees 20 minutes 10 seconds East. on an assumed bearing aloQg
tJ1e West line of said Southwest Quarter of the Northwest Quarter, a ~ of 350.00 feet;
thence Nonh 78 degJees 57 minutes 12 seconds East a distance of 79.93 fut to the 'POint of
beginning, said point to be hereinafter referred to as "Point G"~ thence North 13 degrees 40
minutes 00 seconds East 3 distance of 131.85 feel; thence North 82 degrees .59 minutes 48
seconds East a distaDc:e of 150.54 feet; thence North ~5 degrees 49 miD.Ules 57 seconds East a
diSl3Dce of 40.41 feet; thence North 53 degrees 10 min.utes IS seconds East a distance of
36.00 feet to said Southwes~ly right-of-way line of Northwood Road; thence Southeasterly
along said Southwesterly right.of-way llne to its intersection with me fonowicg desailJed line:
..... --.
Com.mencing at said above referenced "Point G": thence South 16 degrees 18 mlnull:.S 11
seconds East a distance of 95.00 feet~ thence North 73 degrees 40 minuteS 00 seconds East a
clistance of 31.09 feet; thence South 00 degrees 35 minutes 41 seconds East a distance of
17.44 feet~ thencl~ North 89 degrees 24 minutes 19 seconds East a disrance of 30.00 feet:
th~TlCC North OOdeg.rees 35 minutes 41 seconds West a d.!.StatlCC of 25.89 fc:t::t; thcnet; Nonh 73
degrees 40 minutes 00 seconds East a distance of 61.88 feet: thence North 82 tkgr~ 59
610tl2108232.2IlVJ6
- 3 -
"
HF'R 0E:' '38 09: 26HM HUE MOELLER & BHTES
minutes 48 seconds East a disran.ce of 168.41 feet; thence North 16 degrees 49 minutes 01
seconds East a dlS&lJ'lce of 75.54 feet to the point of beginning of uid hereinafter descrioed
line, said poim (If beginning is to be hereinafter referred to as "point H"; thence Non:h 53
d.egIees 10 minutes 15 seconds East to said Southwesterly right-of-way line and said poim 01
intersection.
'Thence South 5) degl.-ees 10 minutes 15 sc:.conds West a d1.stance of 3Ln feet to said above
referenced Poim H; thence South 16 degrees 49 minutes 01 seconds We.'lt 3 dist.all'-e of 75.54
feet; thence South 82 degrees 59 minutes 48 secouds West 1. dista.n.ee af 168.41 feel; thdlc:e
South 73 degrees 40 minUteS 00 seconds West a distance of 61.88 feet:; thence South 00
degrees 3S roinl1te5 41 seconds East a distanCe of 25.89 feet; thefttt Sowh 89 degrees 24
tn1n1ltes 19 seconds West a distance of 30.00 feet; thence NoM 00 degrees 3S 1Ilinutel> 41
seconds West a distance of 17.44 feet: thence South 73 degrees 40 minuteS 00 seconds West 3-
distance of 31.09 feet: thence North 16 degrees 18 minutes 11 seconds West a diSW1~ of
95.00 f~t to tht point of be&inrdng,
A t~mpor:uy easement tor slope and constr1JCl:'lon purposes over, across. upon and unclt'J' tbal patt 01
OutlOt A and said Government Lot S legally described as follows:
That part of said Outlot A and said Go"emI1lent Lot S which lies Northerly of the last above
described perpe1Ual utility, drainage, and pondlng easement, Easterly and Southerly ot the
following described line:
Beginning:at said above referenced "Point 0-; thence Noah 16.degrecs 20 minutes 00 sewnds
West a distance of 3.5.00 feet; thence North 7.3 degrees 40 m1tratf:s 00 seconds East a dist3nce
of 134.71 feet; thence North 82 degrees 59 minutes 48 seconds East to said SouthweSterly
t1ght.of.way Un::: of Nonhwood Road and there term1nating.
A temporary easement tor constrUction purposes over. across, upon and unda that pan of Outlot ^
legally described as follows:
A strip of land 20.00 teet in width the Southeasterly Une of which is contiguous with the
North\llesrerly Hne of the first above described 60,00 foot wide perperoal street, utility and
dr.unage eaSe1DI:nL
Said strip or latLd Is to extend by its full width froID the following described "Lint A" to the
following descrIbed "{jne B".
"Line A,8:l
Commencing :l.l said above referenced "Point e"; thence Easterly a distance of 45.48 feet along
the centerline of' the tint aboNe descrtbed 60.00 foot wide pexpetUal easement having a ...unus
of 300.00 feet :md a central angle of 08 degrees 41 milWttS 10 seconds. the chord of said
curve bears No::th 74 degrees 37 minutes 31 secouds East, to the point of beginning of said
"Une A"; thence North 20 degrees 10 minutes 50 seconds West, radial to said c.enterUne. a
diSWlce of 50.00 feet and I:here te.n:ninatlng.
"UneB":
"
61Clf"..llOllln 211296
- 4 -
P. 13/1~7
'.
HF'R 08 '98 09: 26811 -HJEr10ELLER & BHTES
P.14/17
commencing at ~:aid above referenced "Point B"; thence Nonheaster'ly a disunce of 14.32 feet
along said centerline of the first above described 60.00 foOt wlde perpetual easement luving :l.
radius of 300.00 feet and a cenlral angle of 02 degrees 44 minures OJ secc1nd;., me chord of
l;aiJ cu.r....e bears North 41 dGgrees 46 minutes 26 seconds East; thence Nor,h .~ de~"'ees 24
mrnut~ 24 seamds Bast along said Ci:tlteI'Une a.."Id tangent to the last described cur-,re a
distance of 15314 feet; thC!1Ce Noithea.steily a. distanea of 42.86 feet 3long a ungenn:JJ C1J1"Vt'
COIlCave to the N:>rthwest having a radius of 300.00 feet and a central angle of 08 degrees 11 .
miwte.S 08 seconds to the point of begianlng of said "Une B"; then.Ce North ')7 clegrees 46
nnnut.es 44 seconds West, radial to said cenrerline. a distanee of 50.00 feel and there
terminating.
Also a snip of land lOJXl feet in width over s3icJ Outlot As the SOl.1theasrerly, Easterly and
NonbeilSi-Ctly Une of whL:h is contiguous with t.he Northwesterly. Weste1'ty. and Southwescerly line of
u'le first aoove ducrim.d 60.00 foot wide petperual easement Said strip of ];-,nd ~ to c:{tend by its full
width from said above described "line B" to a line which bears South 53 degrees 10 mJnutes 15
seconds West from said ,ibove referenced Point F.
Also a strip of land 10.00 feet in wldIh over said Govermnent Lot 6 and 7 and sald OutlOt A,.rhe
NoI1.he.3btetly. Eb'lerly, and Southe:i1;terly line of wbich is contiguous willi the Som:hwesterlj',
Westerly, and Norchwes\t:rly line of the above described 16.00 foot wide perpetual street and sidewlll
easement and the above described 1600 foot \Vide pecperuaJ sidewalk easement. S21c1 ~aip of land is
tv extend by its full vvidth from the NorJ1wesrerly line of the last above described 20.00 fuet v.'ide
perperoal utility and drainage e:uement to said Northerly Hoe of Governmenr Lot 7.
Also a strip of land 5.00 feet in width over said OU1lot A,.the Easterly line of which is contiguous
with the We:)'Wrly line of the last above described 10.00 foot wide temportr'f easemem. S:aid strip of
land 1s to extend by its fun widtJ'l from a line drawn parallel -wi.th and distant 15.00 feet SOllrhe:rly of
the Sourherly liue of Lot 67 in said plat and its Westerly extension to 3. line drawn paralk1\!!ith and
dist::tnt 10.00 feet Southerly of the Southerly line of Lor 12 in said pIar and its Westerly extension.
Also a strip of land 5.00 feet in widTh over said Government Lot 7 the Southeasterly tine of which is
contiguous witJ.'1 the Northwesti..-rly line of the last above described 10.00 foot wide rempotary'
eascmenI. Said snip of i ar1rlls to extend by its !Un width from a line drawn parallel v:ith and distanI
30.00 feet Southwesterly of the SouthwesterLy line of Lot 100 In said plat and its Northwc.::t..=dy
extension to the Nottb line of said GOVttOlllent Lot 1.
All of the above described temporary easemen[3 to expire July I, 1997.
A peananent 31ld p~anJal easement fot' publiC sewer. utility, drninagc, and pondlng PllTpos.es over,
across, upon ;mil under that part of said Govern..-uent Lot 7 1egally described as follo"...."':
That pan of said Government.Lot 7, which lies Southerly of the Nol1h line of said
GOllcnunent Lot 7, Northwesterly of said Northwesterly righl-of-W3Y line of Non.'1wood Roa.;1
and Northeasterly of the following desaibed ll.ne:
Commencing .<1 Itle intersection Of said Northwestedy rlght-of-v.o.ay line wit.'i s.aid Ncrth lIne of
Government Lot 7~ thence Southwesterly. along said NorrhwtSterly right-of-way line. 3
dislanCe of 23.00 feet to the point of beglnnlng of said line to be described: thence
Northwesterly deflecting to the right 90 degfee.s, 00 minutes 00 seconds a dl~t:mc.c of 16.00
feet to said Noml line of Government Lot 7. and said line"there Ie:rminating.
610f.U I 082]22112J96
- s -
,
APR 08' gEl 09: 27R~i HUEMOELLER & BRTES
II is me intention of thf~ Petitioner to ac:guire an e3SCOl.eot area over, aaoss, upon and under the above-
described re::al property, including but not Umlted to the following interests, but not including the
interest of the Cty ot Prior Lake in streets adjacent to said real properlY,
finy
James J. Dunn
l.1nda M. DuD.a
klchfield Bank&. Trust Co.
State of Minnesota
David E. Barron &: Hekn L. Page
Mark A. Astell &. IeaDne M. Astell
State of Miwlesota
~
610t221082322Jl2J96
Interest
Fee
Fee
Mortgagee
Ease.meDl Qranree
Easement Grantee
Grantee
Tax UeDOr
.'"
- 6 -
P.15/17
,
HPR 08 ' 98 09: 28m'1 HUE MOELLER & BHTES
P. 15/17
, ,
EXHIBIT A
PARQL14
A permanent and perpc~roal easement for public: sewer. utility, and dralnage purposes over, acmss,
upon and under the real propat}' legally described as foUows:
"l1w part of Lo[ 77, Notthwood. aCl:Ordlng to said plat aD file and of record in me office of'"
the County Recorder. Scott Couoty. MInnesota, which lies Westerly of the following described
line:
",'
,
Beginning at the Northwest corner of said Lot 77; thence Southerly 10 a poi1:l1 on the Southaly
line of 8aid Lot. 77, distant 105.00 feet Southe:asterly ollbe Southwest corner of said Lot n as
measured along said SOllthedy line and mere tenninatiDg. .
Said temporary easemenrs [0 expire July I, 1997.
It is the jntenttOil of the Petitioner to acquire an easement area over. aaos~ upon and ufl.dec the above--
described real property. including but nOl limited to the rollowing .intctesb>, b\.l[ not including.the
interest of the City of Prior Lake in Streets adjacent to said real propeay.
Party
InWest
Bruce W. Myrvold
Diana Lee Myrvold
Fee
Fee
"
610/221 tl1Z32. 211 V96
t
.RPR 08'98 i2l9:28RM HUE MOELLER & ERTES
EXHIBIT A
PARCEL 17
A pdlr.anent a:ud perpetual e4Sement for public sewer, utility. and drainage purposes over. across.
upon 31ld under the re31 pmperty legally des.c:ribed as follows:
A $lIip of land 24.00 feet in Widlh over th:lt pan of Lot 59. Nonhwood. accordin[; to s3.4d plat
on file and of rec01d in the offic;c. of the County Rec.ordet, Scott COWll)'. MiIlllf;SOla. the
Northwesterly line of which is daaibed as fOllows:
I
I
. \
COJ.1l.(t...:ncing dl. tl.u.;: SDuthwesr comer of me Southwest Quarter of the Northwest Quanu r.,f
Section 3, Township 114. Range 22, Scott COIlnLy, MinnesOta; thence Nottherly along the
West line of said Southwest Quarter of the Northwest Quarter a dist:::I.ncl: of 255.03 feer; tl'.ence
Nonheasterly, det'l.t:a1ng to the right 63 degrees 16 minutes 31 seconds a distance of 415.48
feet to the point of beginning of the line to be hereinafter described; thence continulng
Northeasterly, along the Northeasterly extension of the last descdbed line. a distance of 206.70
feet; thence detlectiDg to the left 10 degrees 18 minutes 37 seconds a distanee of l~O..oo feet
and there rernrlnatb:18.
Said strip of land is to extend by its full width from !he Northeasterly right-of-way llne of
Northwood Road ~s dedicated In said pIal to a line drawn SoutJleastf'ily from said point ot"
temliJUtion, perpendicular to said above de.scribed line.
It is The im.cntlon of the Petitioner to acqulre an easement area over, across, upon and under t.l1e above
des","tjbed teal property, including but not Hmlred to the following interestS, but Dot including the
interest ot'the CiLy of Prior Lake In streets adjacent to said real property.
l3nY
~
Sue B. Cooke
Fee
Firstar Home Mortgage Corporation.
fliJa InvestOrS Savings B31l'.k. F.S.B.
Mongagee
Fitstal' Home Mortgage Cocpor.nion.
flJ;Ja InvcslOrs Savings BOUlik, ES.B.
Mortgagee
,
.,
'1012210112~Z 2Jl:z.9/i
P.17/17
~