HomeMy WebLinkAboutMiller Land Title Registration proceeding HUEMOELLER & GONTAREK PLC
ATTORNEYS AT LAW
16670 FRANKLIN TRAIL
P.O. BOX 67
ANION CHESKIS
PRIOR LAKE, MINNESOTA 55372
ALLISON J.GONTAREK
(952) 447-2131 (Office) DAVID A.HANSEN
(952) 447-5628 (Fax) BRYCE D.HUEMOELLER
Email: hg@priorlakelaw.com email of sender:
j ad@priorlakelaw.com
January 11, 2017
To the City of Prior Lake, Defendant named in the enclosed Summons:
Re: Jason A. Miller-Land Title Registration Proceeding
Court File No. 70-CV-16-17781 I
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Enclosed herewith and served upon you,please find the following in connection with the
above captioned matter.
• Summons in Application for Registration of Land
• Report of Surveyor
• Report of Examiner
• Two Notices and Acknowledgments of Service by Mail
Please sign and return the original Notice and Acknowledgment and retain the copy for
your records.
IF YOU DO NOT COMPLETE AND RETURN THE ACKNOWLEDGMENT OF
SERVICE 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.
Please contact our office with any questions or concerns.
Sincerely yours,
HUEMOELLER& GONTAREK PLC
BY
Julie eutsch, Legal Assistant
jd
Enclosures
70-CV-16.17781
SUMMONS IN APPLICATION FOR REGISTRATION OF LAND
STATE OF MINNESOTA :DISTRICT COURT
COUNTY OF SCOTT FIRST JUDICIAL DISTRICT
Case Type; Torrens
Court File No70-CV-16-17781
In the Matter of the Application of Jason A. Miller to Register Title to the following
described real estate situated in Scott County,Minnesota:
Parcel A
Lot 1,Block 1,THE BLUFFS OF CANDY COVE,Scott County,Minnesota;and that part of
Government Lot 2,Section 36,Township 11.5 North,Range 22 Vest,Scott County,Minnesota,
described as follows;
Beginning at the northwest corner of Lot 1,Block 1,THE BLUFFS OF CANDY COVE,
Scott County,Minnesota;thence on an assumed bearing of South 59 degrees 17 minutes
12 seconds East along the north line of said Lot 1,a distance of 78,87 feet to the most
easterly line of said Lot 1;thence North 05 degrees 55 minutes 19 seconds West along
the northerly extension of said most easterly line 25 feet,more or less,to the shoreline of
Prior Lake;thence westerly along said shoreline to its intersection with the northerly
extension of the most westerly line of said Lot 1;thence South 00 degrees 46 minutes 57
seconds East along said northerly extension of the most westerly line of said Lot 1,a
distance of 16 feet,more or less,to the point of beginning.
Parcel Address: 5594 Candy Cove Trail SE
Prior Lake,MN 55372
Parcel B
Lot 2,Block 1,THE BLUFFS OF CANDY COVE,Scott County,Minnesota;and that part of
Government Lot 2,Section 36,Township 115 North,Range 22'Vest,Scott County,Minnesota,
described as follows:
Beginning at the northwest corner of Lot 2,Block 1,THE BLUFFS OF CANDY COVE,
Scott County,Minnesota; thence on an assumed bearing of South 59 degrees 17 minutes
12 seconds East along the north line of said Lot 2,a distance of 72.23 feet to the east line
of said.Lot 2;thence North 15 degrees 05 minutes 30 seconds'West along the northerly
extension of said east line 47 feet,more or less,to the shoreline of Prior Lake;thence
westerly along said shoreline to its intersection with the northerly extension of the west
line of said Lot 2;thence South 05 degrees 55 minutes 19 seconds East along said
FILED
1 DEC 2 7 2616
SCOTT COUNTY COURTS
70-CV-16-17781
northerly extension of the west line of said Lot 2,a distance of 25 feet,more or less, to
the point of beginning.
Parcel Address, 5604 Candy Cove Trail SE
Prior Lake,MN 55372
Parcel C
Lot 3,Black 1,THE BLUFFS.OF CANDY COVE,Scott County,Minnesota;and that part of
Government Lot 2,Section 36,Township 115 North,Range 22 West,Scott County,Minnesota,
described as follows; ,
Beginning at the northwest comer of Lot 3,Block 1,THE BLUFFS OF CANDY COVE,
Scott County,Minnesota;thence on an assumed bearing of South 59 degrees 17 minutes
12 seconds East along the north line of said Lot 3,a distance of 126,17 feet to the east
line of said Lot 3;thence North 18 degrees 37 minutes 01 seconds West along the
northerly extension of said east line 93 feet,more or less,to the shoreline of Prior Lake;
thence westerly along said shoreline to its intersection with the northerly extension of the
west line of said Lot 3;thence South 15 degrees 05 minutes 30 seconds East along said
northerly extension of the west line of said Lot 3,a distance of 47 feet,more or less,to
the point of beginning.
Parcel Address 5614 Candy Cove Trail SE
Prior Lake,MN 55372
Parcel D
That part of Government Lot 2,Section 36,Township 115 North,Range 22 West, Scott County,
Minnesota,described as follows:
Beginning at the southwest corner of Lot 1,Block I,THE BLUFFS OF CANDY COVE,
Scott County,Minnesota;thence on an assumed bearing of South 60 degrees 52 mimites
50 seconds East along the south line of said Lot 1,a distance of 44.55 feet to the
northerly right-of-way of State Trunk Highway 13,thence southwesterly 45,11 feet along
said northerly right-of-way being a non-tangential curve concave to the southeast having
a radius of 11634.41 feet,a central angle of 0 degrees 13 minutes 20 seconds,and the
chord of said curve 45.11 feet in length and bears South 58 degrees 06 minutes 38
seconds West,the terminus of said curve is at the intersection of said northerly right-of-
way
ight-ofway and the southerly extension of the west line of said Lot 1,Block 1,THE BLUFFS
OF CANDY COVE,Scott County,Minnesota;thence North 00 degrees 46 minutes 57
seconds Test along said southerly extension of the west line a distance of 45,52 feet to
the point of beginning,
Parcel Address: No address assigned
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TO-OV-16-17781
.Parcel E
That part of Section 36,Township 115 North,Range 22 West,Scott County,Minnesota,
described as follows:
Beginning at the Southeasterly most corner of Lot 31,Candy Cove Park,according to the
recorded plat thereof;thence North 60 degrees 52 minutes 50 seconds West(assumed
bearing),along the south line of said Lot 31,a distance of 14,98 feet;thence South 45
degrees 56 minutes 50 seconds West,a distance of 124,38.feet;thence South 08 degrees
47 minutes 45 seconds East,a distance of 29,00 feet to the northwesterly right-of-way
line of Trunk Highway No. 13;thence Northeasterly,a distance of 116.71 feet along said
right-of-way line,being a non-tangential curve,concave to the southeast having a radius
of 11,634.41 feet,a central angle of 00 degroes 34 minutes 29 seconds,and a 116.71 foot
chard which bears North 57 degrees 42 minutes 43 seconds East to the intersection with
the southerly extension of the west line of Lot 1,Black 1,THE BLUFFS OF CANDY
COVE,Scott County,Minnesota;thence North 00 degrees 46 minutes 57 seconds'gest
along said southerly extension of the west lino of Lot 1,Block 1,a distance of 45.52 feet
to the point of beginning,
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Parcel Address: No address assigned
Applicants,
vs.
State of Minnesota;City of Prior Lake;Mark Toohey;Wells Fargo Bank,N.A.;Andrew J.
floiland III;Cynthia J.Hoiland;Christie Conrady;Wilhelm Conrady;William Comady; I
Mathilda Mavis Anderson;Matilda Mavis Anderson;Mathilda Maves Anderson;Kurt W.
Bigalk;Jeanine L,Bigalk;Dale E,Braddy;Susan A,Braddy;Minnesota Valley Electric
Cooperative;Alice Wilfond;Edward M.Birdsong;Ira W,Anderson;Walter C.Mavis;Richard
D,Pauley;Evelyn M.Pauley;Avis Stepka;Mathilda Maves;Rose K,Jones;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,tine,estate,lien or interest in zeal estate described in the
Application or amendments herein,"
Defendants,
THE STATE OF MINNESOTA TO THE ABOVE NAMED D14,.17,ENDANTS:
You are hereby summoned and required to answer the Application of the Applicant in the
above proceeding and to file your answer to the said.Application in the office of the Court
Administrator 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 in this proceeding will apply to the Court for the relief demanded therein.
3
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70-CV-18-17781
WITNESS,Scott County Court Administrator and
the soil thereof-,at Shakopee,Scott County,
Miat nota,this day of, 20. 1
1
By
Deputy
Attomoys for Applicants
HUEMOELLEft.&GON*rAREK,PLC
Anton Cheskis#0390001
16670 FmMin Trail
Prior Lalco,MN 55372
(952)447-213 1
Appyoved for filing on this
clay of g,wW 20 l
Deput Exa�xiitle of Tzt�e .__.
4
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STATE OF MINNESOTA DISTRICT COURT
COUNTY OF SCOTT FIRST JUDICIAL DISTRICT
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In the Matter of the Application of REPORT OF SURVEYOR
Jason A. Miller to Register the Title
to Certain Land
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To the Honorable Judges and Examiner of Titles of the District Court above
named:
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Pursuant to the request of the Examiner of Titles requesting the
County Surveyor to inspect the premises involved and verify the occupancy,
check for boundary encroachments and report to the Court and the Examiner
in writing,
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I. the County Surveyor of Scott County, respectfully report the following: i
I. I received an application with the following descriptions:
Parcel A
Lot 1,Block 1,THE BLUFFS OF CANDY COVE,Scott County,Minnesota;and that part of Government
Lot 2, Section 36,Township 115 North,Range 22 West, Scott County,Minnesota,described as follows:
Beginning at the northwest corner of Lot 1,Block 1,THE BLUFFS OF CANDY COVE, Scott
County,Minnesota;thence on an assumed bearing of South 59 degrees 17 minutes 12 seconds East
along the north line of said Lot 1,a distance of 78.87 feet to the most easterly line of said Lot 1;
thence North 05 degrees 55 minutes 19 seconds West along the northerly extension of said most
easterly line 25 feet,more or less,to the shoreline of Prior Lake;thence westerly along said shoreline
to its intersection with the northerly extension of the most westerly line of said Lot 1;thence South 00
degrees 46 minutes 57 seconds East along said northerly extension of the most westerly line of said
Lot 1,a distance of 16 feet,more or less,to the point of beginning.
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Parcel B '
Lot 2,Block 1,THE BLUFFS OF CANDY COVE, Scott County,Minnesota;and that part of Government
Lot 2, Section 36,Township 115 North,Range 22 West, Scott County,Minnesota,described as follows:
Beginning at the northwest corner of Lot 2,Block 1,TBE BLUFFS OF CANDY COVE,Scott
County,Minnesota;thence on an assumed bearing of South 59 degrees 17 minutes 12 seconds East j
along the north line of said Lot 2,a distance of 72.23 feet to the east line of said Lot 2;thence North
15 degrees 05 minutes 30 seconds West along the northerly extension of said east line 47 feet,more
or less,to the shoreline of Prior Lake;thence westerly along said shoreline to its intersection with the
northerly extension of the west line of said Lot 2;thence South 05 degrees 55 minutes 19 seconds
East along said northerly extension of the west line of said Lot 2,a distance of 25 feet,more or less,
to the point of beginning.
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Report of Surveyor
Page 2
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Parcel C
Lot 3,Block 1,THE BLUFFS OF CANDY COVE,Scott County,Minnesota;and that part of Government
Lot 2, Section 36,Township 115 North,Range 22 West, Scott County,Minnesota,described as follows:
Beginning at the northwest corner of Lot 3,Block 1,THE BLUFFS OF CANDY COVE,Scott
County,Minnesota;thence on an assumed bearing of South 59 degrees 17 minutes 12 seconds East
along the north line of said Lot 3,a distance of 126.17 feet to the east line of said Lot 3;thence North
18 degrees 37 minutes 01 seconds West along the northerly extension of said east line 93 feet,more
or less,to the shoreline of Prior Lake;thence westerly along said shoreline to its intersection with the
northerly extension of the west line of said Lot 3;thence South 15 degrees 05 minutes 30 seconds
East along said northerly extension of the west line of said Lot 3,a distance of 47 feet,more or less,
to the point of beginning.
Parcel D
That part of Government Lot 2,Section 36,Township 115 North,Range 22 West, Scott County,Minnesota,
described as follows:
Beginning at the southwest corner of Lot 1,Block 1,THE BLUFFS OF CANDY COVE, Scott
County,Minnesota;thence on an assumed bearing of South 60 degrees 52 minutes 50 seconds East
along the.south line of said Lot 1,a distance of 44.55 feet to the northerly right-of-way of State Trunk
Highway 13;thence southwesterly 45.11 feet along said northerly right-of-way being a non-tangential
curve concave to the southeast having a radius of 11634.41 feet,a central angle of 0 degrees 13
minutes 20 seconds,and the chord of said curve 45.11 feet in length and bears South 58 degrees 06
minutes 3 8 seconds West,the terminus of said curve is at the intersection of said northerly right-of-
way and the southerly extension of the west line of said Lot 1,Block 1,THE BLUFFS OF CANDY
COVE, Scott County,Minnesota,thence North 00 degrees 46 minutes 57 seconds West along said
southerly extension of the west line a distance of 45.52 feet to the point of beginning.
Parcel E
That part of Section 36,Township 115 North,Range 22 West, Scott County,Minnesota, described as follows:
Beginning at the Southeasterly most corner of Lot 31,Candy Cove Park,according to the recorded
plat thereof,thence North 60 degrees 52 minutes 50 seconds West(assumed bearing),along the south
line of said Lot 31,a distance of 14.98 feet;thence South 45 degrees 56 minutes 50 seconds West,a
distance of 124.3 8 feet;thence South 08 degrees 47 minutes 45 seconds East,a distance of 29.00 feet
to the northwesterly right-of-way line of Trunk Highway No. 13;thence Northeasterly,a distance of
116.71 feet along said right-of-way line,being a non-tangential curve,concave to the southeast having
a radius of 11,634.41 feet,a central angle of 00 degrees 34 minutes 29 seconds,and a 116.71 foot
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Report of Surveyor I
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Page 3
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chord which bears North 57 degrees 42 minutes 43 seconds East to the intersection with the southerly j
extension of the west line of Lot 1,Block 1,THE BLUFFS OF CANDY COVE, Scott County,
Minnesota;thence North 00 degrees 46 minutes 57 seconds West,along said southerly extension of
the west line of Lot 1,Block 1,a distance of 45.52 feet to the point of beginning.
II. I have also received a Description Exhibit from Stonebrooke
Engineering, dated 10/13/2015, revised 9/27/2016.
PARCEL A
Lot 1,Block 1,THE BLUFFS OF CANDY COVE,according to the recorded plat thereof, Scott County,
Minnesota.
TOGETHER WITH
That part of Government Lot 2, Section 36,Township 115 North,Range 22 West,Scott County,Minnesota
described as follows:
Beginning at the northwest corner of Lot 1,Block 1,THE BLUFFS OF CANDY COVE,according to the
recorded plat thereof, Scott County,Minnesota;thence on an assumed bearing of South 59 degrees 17 minutes
12 seconds East along the north line of said Lot 1,a distance of 78.87 feet to the most easterly line of said Lot
1;thence North 05 degrees 55 minutes 19 seconds West along the northerly extension of said most easterly
line 25 feet,more or less,to the shoreline of Prior Lake;thence westerly along said shoreline to its
intersection with the northerly extension of the most westerly line of said Lot 1;thence South 00 degrees 46
minutes 57 seconds East along said northerly extension of the most westerly line of said Lot 1,a distance of
16 feet,more or less,to the point of beginning.
PARCEL B
Lot 2,Block 1,THE BLUFFS OF CANDY COVE,according to the recorded plat thereof, Scott County, i
Minnesota.
TOGETHER WITH
That part of Government Lot 2,Section 36,Township 115 North,Range 22 West,Scott County,Minnesota
described as follows:
Beginning at the northwest corner of Lot 2,Block 1,THE BLUFFS OF CANDY COVE,according to the
recorded plat thereof,Scott County,Minnesota;thence on an assumed bearing of South 59 degrees 17 minutes
12 seconds East along the north line of said Lot 2,a distance of 72.23 feet to the east line of said Lot 2;thence
North 15 degrees 05 minutes 30 seconds West along the northerly extension of said east line 47 feet,more or
less,to the shoreline of Prior Lake;thence westerly along said shoreline to its intersection with the northerly
extension of the west line of said Lot 2;thence South 05 degrees 55 minutes 19 seconds East along said
northerly extension of the west line of said Lot 2,a distance of 25 feet,more or less,to the point of beginning.
PARCEL C
Lot 3,Block 1,THE BLUFFS OF CANDY COVE,according to the recorded plat thereof, Scott County,
Minnesota.
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Report of Surveyor
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Page 4
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TOGETHER WITH
That part of Government Lot 2,Section 36,Township 115 North,Range 22 West,Scott County,Minnesota
described as follows:
Beginning at the northwest corner of Lot 3,Block 1,THE BLUFFS OF CANDY COVE,according to the
recorded plat thereof, Scott County,Minnesota;thence on an assumed bearing of South 59 degrees 17 minutes
12 seconds East along the north line of said Lot 3,a distance of 126.17 feet to the east line of said Lot 3;
thence North 18 degrees 37 minutes 01 seconds West along the northerly extension of said east line 93 feet,
more or less,to the shoreline of Prior Lake;thence westerly along said shoreline to its intersection with the
northerly extension of the west line of said Lot 3;thence South 15 degrees 05 minutes 30 seconds East along
said northerly extension of the west line of said Lot 3,a distance of 47 feet,more or less,to the point of
beginning.
PARCEL D
That part of Government Lot 2, Section 36,Township 115 North,Range 22 West, Scott County,Minnesota
described as follows:
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Beginning at the southwest corner of Lot 1,Block 1,THE BLUFFS OF CANDY COVE,according to the
recorded plat thereof,Scott County,Minnesota;thence on an assumed bearing of South 60 degrees 52 minutes
50 seconds East along the south line of said Lot 1,a distance of 44.55 feet to the northerly right-of-way of
State Trunk Highway 13;thence southwesterly 45.11 feet along said northerly right-of-way being a non-
tangential curve concave to the southeast having a radius of 11634.41 feet,a central angle of 0 degrees 13
minutes 20 seconds,and the chord of said curve 45.11 feet in length and bears South 58 degrees 06 minutes
38 seconds West,the terminus of said curve is at the intersection of said northerly right-of-way and the
southerly extension of the west line of said Lot 1,Block 1,THE BLUFFS OF CANDY COVE, Scott County,
Minnesota;thence North 00 degrees 46 minutes 57 seconds West along said southerly extension of the west
line a distance of 45.52 feet to the point of beginning.
PARCEL E
That part of Section 36,Township 115 North,Range 22 West, Scott County,Minnesota,described as follows:
Beginning at the Southeasterly most comer of Lot 31,Candy Cove Park,according to the recorded plat
thereof;thence North 60 degrees 52 minutes 50 seconds West(assumed bearing),along the south line of said
Lot 31,a distance of 14.98 feet;thence South 45 degrees 56 minutes 50 seconds West,a distance of 124.38
feet;thence South 08 degrees 47 minutes 45 seconds East,a distance of 29.00 feet to the northwesterly right-
of-way line of Trunk Highway No. 13;thence Northeasterly,a distanco of 116.71 feet along said right-of-way
line,being a non-tangential curve,concave to the southeast having a radius of 11,634.41 feet,a central angle
of 00 degrees 34 minutes 29 seconds,and a 116.71 foot chord which bears North 57 degrees 42 minutes 43
seconds East to the intersection with the southerly extension of the west line of Lot 1,Block 1,THE BLUFFS
OF CANDY COVE, Scott County,Minnesota;thence North 00 degrees 46 minutes 57 seconds West along
said southerly extension of the west line of Lot 1,Block 1, a distance of 45.52 feet to the point of beginning.
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Report of Surveyor
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III. I have reviewed the application, viewed the property and report the
following:
1. A multi-story residential house is located on Parcel C per the
application.
2. The applicant constructively occupies said property per
application. (Parcels A, B, Cr D. and E. )
3. Several small trees and evergreens may encroach onto Parcel A
from the parcel to the west, Lot 31 CANDY COVE PARK. Note that
some of the trees still have price tags on them. Note that Lot 31
is Registered Property. I recommend that the owner of said Lot 31
be notified of said action to register title. According to Scott
County tax records Mark Toohey is the owner of said Lot 31.
4. Field stone rip rap along the shore encroaches about 4 feet
onto Parcel A from the parcel to the west, Lot 31 CANDY COVE
PARK. I recommend that the owner of said Lot 31 be notified of
said action to register title. According to Scott County tax
records Mark Toohey is the owner of said Lot 31.
5. Landscaping (a rock retaining wall, trees, and landscaping
lights) encroaches onto Parcel E from the vacated road area in
front of Lot 31. Note that Northwesterly line of Parcel E is not
parallel with any of the landscaping in either parcel E or the
vacated road area in front of Lot 31. Because of this the
occupation in this area is not readily apparent. Note that Lot
31 is Registered Property. I recommend that the owner of said Lot
31 be notified of said action to register-title. According to
Scott County tax records Mark Toohey is the owner of said Lot 31.
6. A vehicle parking area encroaches onto the northwesterly line
of Parcel E from the vacated road in front of Lot 31 CANDY COVE
PARK. Note a vehicle was parked over said northwesterly line.
Note that Lot 31 is Registered Property. I recommend that the
owner of said Lot 31 and the City of Prior Lake be notified of
said action to register title. According to Scott County tax
records Mark Toohey is the owner of said Lot 31.
7. The entire triangular portion of Parcel A falls within 125 and
130 feet of the centerline of State Highway Number 13. This
triangle portion is a portion of Lot 32, CANDY COVE PARK. Per the
State Highway Number 13 Right of Way map, said Lot 32, was not
inside the R/W corridor. Because said Lot 32 did not appear to
be inside the corridor, it appears no Right of Way was acquired
from Lot 32. I recommend that the Minnesota Department of
Transportation be notified of said action to register title.
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Report of Surveyor
Page 6
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8. All of the southeasterly ribbon of the ribbon driveway
encroaches onto the State Highway Number 13 Right of Way. Said
driveway encroaches across most of the southeasterly line of
Parcel C and the southeast corner of Parcel B. This ribbon
driveway has concrete poured in the wheel tracks and landscaping
rocks/gravel around both concrete ribbons. Said driveway is the
access to the lower level garage door and boat landing on the
east on the house. I recommend that the Minnesota Department of
Transportation be notified of said action to register title.
9. The description per the application abuts the shoreline of
Prior Lake. The applicant is claiming adverse possession to the
shoreline. I would recommend that the Minnesota Department of
Natural Resources be notified of said action to register title.
10. A water shut off valve is located in Parcel A. It does not
fall within the Drainage and Utility easement area per the plat
of THE BLUFFS OF CANDY COVE. I would recommend that the City of
Prior Lake be notified of said action to register title.
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11. A water shut off valve is located in Parcel B. It does not j
fall within the Drainage and Utility easement area per the plat
of THE BLUFFS OF CANDY COVE. I would recommend that the City of
Prior Lake be notified of said action to register title.
12. The City of Prior Lake has an easement over part of Parcel E as
described in Quit Claim Deed filed as document A466233. I would
recommend that the City of Prior Lake be notified of said action
to register title.
13. The applicant is claiming adverse possession over Parcel D and
Parcel E. I recommend that the adjoining owner be notified of
said action to register title. According to Scott County tax
records Mark Toohey is the adjoining owner.
14. The southwesterly portion of Parcel E is located southwesterly
of the vacated four rod road and south of the south line of
Government Lot 2. I would recommend that the owners of the
unplatted property south of the four rod road and the owners of
the unplatted property south of the south line of Government Lot
2 be notified of said action to register title. (Note: At the
time of the construction of State Highway 13, the owner of that
part of Parcel E lying southwesterly of the vacated four rod road
was Avis Stepka, (Parcel 31B) according to the State Highway '
Right of Way map. The owner of that part of Parcel E lying south
of the south line of Government Lot 2 at the time of the
construction of State Highway 13 was Rose K. Jones, (Parcel 31)
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Report
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according to the State Highway Right of Way map. The original
larger parcels were platted or registered to the right of way
lines. )
15. A concrete driveway accessing the house on Parcel C encroaches
across the southerly ends of Parcels A and B. I would recommend
that the current owners of Parcels A and B be notified of said
action to register title.
16. Three large concrete retaining walls running parallel with the
lake shore encroaches or is encroaching onto Parcel A from Parcel
B. I would recommend that the current owners of Parcels A and B
be notified of said action to register title.
17. Three large concrete retaining walls running parallel with the
lake shore encroaches or is encroaching onto Parcel B from Parcel
C. I would recommend that the current owners of Parcels B and C
be notified of said action to register title.
18. Landscaping, along with a small decorative tree encroaches onto
Parcel B from Parcel C. The landscaping is located near the
front door of the house on Parcel C. I would recommend that the
current owner of Parcel B be notified of said action to register
title.
Respectfully Submitted,
(�< V4�L.. --_----------4
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/ames L. Hentges
Scott County Surveyor
dated this 23rd day of November, 2016
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF SCOTT FIRST JUDICIAL DISTRICT
In the Matter of the Application of
Jason A. Miller REPORT OF EXAMINER
To Register the Title to Certain Land 70-CV-16-17781
TO THE HONORABLE JUDGES OF THE DISTRICT COURT OF SCOTT COUNTY:
Pursuant to Minn.Stat.Sec. 508.13,the undersigned Deputy Examiner of Titles has
examined the title to the land described in the Application herein,to the statements therein,
the occupancy and its nature of the land,the judgments and liens which may affect the title
thereto,and searched all public records,and fully investigated all facts pertaining to the title
which have been brought to my notice;and to make a written Report to the Court thereon,1,
the Deputy Examiner of Titles,after having the land inspected by the County Surveyor(Report
dated November 23, 2016)and having examined the records indicated in the abstracts filed
herein, prepared by Scott County Abstract and Title, Inc., covering the land described in the
Application, containing 129 entries and accompanying certificates,as last certified to October
41 2016 at 9:00 a.m., do report, as follows:
1. That the name of the Applicant is Jason A. Miller,, residing at 5614 Candy Cove Trail SE, Prior
Lake, MN 55372.
2. That the land sought to be registered is described in Exhibit A attached hereto. The survey
attached to the Application as Exhibit B is dated September 27, 2016.
3. That the estimated market value of the land to be registered, exclusive of improvements,
according to the last official assessment is$649,800. That the estate or interest of the
Applicant in the land is in fee simple. The land is constructively occupied by the Applicant.
Parcels A, 81 D� E,and the metes and bounds portion of Parcel C are not subject to homestead.
The portion of Parcel C included in Lot 3,The Bluffs of Candy Cove is homestead. All first 1/2
taxes payable in 2016 and prior years are paid and there are no delinquencies thereon. The
abstract shows no tax information for the metes and bounds portion of Parcels A,13, or C.
4. That there are no Federal or State tax liens,judgments, or bankruptcy notices on file in the
Office of the Scott County Recorder,judgments docketed with the Clerk of Court,nor
bankruptcy proceedings filed in U.S. District Court.,affecting the land sought to be registered,,
Parcels A, B,and C
5. That the property is subject to utility and drainage easements as shown on the plat of The
Bluffs of Candy Cove, This reference should be shown as a recital in the final Order and Decree
herein.
6. That the property is subject to the proprietary and sovereign rights of the State of
Minnesota in all that portion of the land lying below the natural ordinary high watermark of
Prior Lake;not intending, however,to deprive the fee owners of the usual riparian rights that
attach to the land riparian to a navigable public body of water incident to the ownership
thereof. Serve the State of Minnesota as a defendant herein,
7. That the property is subject to a Resolution Approving Variance dated October 24,2011,
filed November 14, 2012 as Doc. No.A920827,
B. That the property is subject to a Development Contract dated December 19,2011,filed May
150 2012 as Doc.No.A905591. Applicant alleges that the Contract should be dropped from title
as having been fully performed by the Applicant. Serve the City of.Prior Lake so that they may
have an opportunity to object to its removal.
9. That the Applicant claims ownership of the portion of Parcels A, B, and C lying between the
north line of Lots 1-3,The Bluffs of Candy Cove and Prior Lake by adverse possession. There
must be evidence at the hearing herein to support a finding of fact and adjudication in the
Decree of Registration that the following parties have lost any interest in said land by virtue of
adverse possession: Mark Toohey(owner to the west of Parcel A)and lender Wells Fargo Bank,,
N.-A.,Andrew J. Hoiland III and Cynthia J. Holland(owners to the east of Parcel C), Christie
Conrady,Wilhelm Conrady,William Conrady, Mathilda Mavis Anderson, Matilda Mavis
Anderson, and Mathilda Maves Anderson. All said parties should be made defendants herein.
Panels Q and E
10. That the property is subject to Final Certificates in the condemnation of easement rights for
Highway purposes in Highway No. 13 by the State of Minnesota dated January 24, 1967,filed
February 27, 1967 as Doc. No. 113413 and dated September 15, 1964,filed November 16, 1964
in Book 163 of Deeds, pg. 13,which easement rights were transferred in part to the City of Prior
Lake in deed dated January 3, 2000,filed January 14, 2000 as Doc. No.A466233. The
Resolution noted in paragraph 7 above states that access to Highway 13 was taken by the-State
in the condemnation,however, I do not note any entries to that effect. The State of Minnesota,
and the City of Prior Lake have been previously named as parties defendant.
11. That the property is subject to Corrective Agreement Granting Nonexclusive Driveway
Easement dated April 16,2012,filed May 15,2012 as Doc. No.A905589. Applicant alleges that
the Agreement is void because the City of Prior Lake has only highway easement rights in the
property and not ownership. However, as holder of major rights in the property,they would be
necessary parties to any agreement over their easement and Applicant benefitted from the
terms of the Agreement and signed the document. In addition to the City,Applicant lists the
following parties as having a possible interest and should be made defendants: (Mark Toohey),
Kurt W.131galk.and Jeanine L. Bigalk, Dale E. Braddy and Susan A. Braddy,
12. That the property is subject to Electric Transmission Easement dated January 14, 1938,filed
July 19,1939 in Book 11 of Misc., pg. 620 in favor of Minnesota Valley Electric Cooperative,
partially released by Release dated November 1, 197!,filed November 9, 1976 as Doc. No.
152822. The original Easement continues to effect Parcels D and E. If Applicant can prove
abandonment, he should serve Minnesota Valley Electric Cooperative.
13. (See#8 above).
14. The Application shows rights of Mark Toohey and the City of Prior Lake in an unrecorded
Agreement for Private Improvement of Public Property(for driveway purposes). The
Agreement should be recorded and shown as an encumbrance in the Order and Decree herein.
15. Applicant claims ownership of Parcels D and E by adverse possession.Applicant identifies
the following as having a possible interest and they should be made defendants herein.-
(William Conrady), (Wilhelm Conrady), (Christie Conrady),Alice Wilfond, Edward M. Birdsong,
(Mathilda Mavis Anderson),(Matilda Mavis Anderson), (Mathilda Maves Anderson),(Kurt W.
131galk), (Jeanine L. Bigalk),, Ira W.Anderson,Walter C. Mavis, Richard D. Pauley, and Evelyn M.
Pauley. Additionally,Avis Stepka should receive notice as having the last noted interest in
Parcel E and Mathilda Maves appears to have the last recorded interest in Parcel D. There must
be evidence at the hearing herein to support a finding of fact and adjudication in the Decree of
Registration that they have lost any interest in said land by virtue of adverse possession,
16. As to all Parcels: The Report of Surveyor dated November 23,2016 notes trees.,rip rap,
landscaping,and a car parked as possible claims by the owner to the west of Parcel A and north
of Parcel E. Owner of Lot 31, Candy Cove Park, Mark Toohey,has been previously named. The
Report also recommends MDOT(served above as the State of Minnesota),the(City of Prior
Lake), (Avis Stepka),and Rose K.Jones as parties who should be given notice. Each of these
parties should receive a copy of the Report of Surveyor at the time the Summons is served upon
them. Any subsequent owner of any of the property to be registered taking title prior to the
registration should also receive a copy of the Report.
17. That the Application states that the Applicant does not desire to register any of the
boundary lines of the land to be registered.
1& That the Applicant shall have the abstracts with proper searches continued to the date of
the hearing and deliver to this Examiner for examination prior to the hearing.
:13. In summary,the following parties should be made defendants herein: the State of
Minnesota,the City of Prior Lake, Mark Toohey.,Wells Fargo Bank, N.A.,Andrew J.Holland III,
Cynthia J. Holland,Christie Conrady,,Wilhelm Conrady,William Conrady, Mathilda Mavis
Anderson, Matilda Mavis Anderson, Mathilda Maves Anderson, Kurt W. Bigalk,Jeanine L.
Bigalk, Dale E. Braddy,Susan A. Braddy,Minnesota Valley Electric Cooperative,Alice Wilfond,'
Edward M. Birdsong, Ira W.Anderson,Walter C.Mavis, Richard D.Pauley, Evelyn M. Pauley,
Avis Stepka, Mathilda Maves,and Rose K.Jones;
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., October 4, 2016
Stephanie M.Young,Scott Co, my Deputy
Examiner of Titles
EXHIBlT A..
LEGAL DESCRIPTiON OF LAND
Parcel A
Lot 1,Block 1,THE BLUFFS OF CANDY COVE, Scott County,Winesota, and that part of
!$
Government Lot 2,Section 36 Township 115 North,Range 22 West,Sco
described as follows: tt County,Minnesota,
Beginning at the northwest coiner of Lot I Block I THE BLUFFS OF CANDY COVE.,
Scott County,Minnesota;therice on an assumed bearing of South 59 degrees 17 minutes
12 seconds East along the north line of said Lot 1, a distance of 75.87.feet to the most
easterly line of said Lot 1;thence North 05 degrees 55 minutes 19 seconds West along
the northerly extension of said most easterly line 25 feet,more or less,to the shoreline of
Prior Lake;thence westerly along said shoreline to its intersection with the northerly
extension of the most westerly line of said Lot 1;thence South 00 degrees 46 Minutes 57
seconds East along said northerly extension of the most westerly fille of said Lot I,a
distance of 16 feet,more or less,to the point of begfindng,
Parcel Address: 5594 Candy Cove Trail SE
Prior Lake,MN. 55372
Marcel B
Lot 2,Block 1,THE BLUFFS OF CANDY COVF,, Scott County,Mimiesota- and that part of
Governtnent Lot 2,Sectiort 36,Township 115 North Range 22 West,Scott&
b County,Minnesota,
described as follows:
Beginning at the northwest comer of Lot 2,Block 1,THE BLUFFS OF CANDY COVE,
Scott County,Minnesota; thence on an assumed bearing of South 59 degrees 17 minutes
12 seconds East along the north line of said Lot 2,a distance of 72.23 feet to the east line
of said Lot 2;thence North 15 degrees 05 minutes 30 seconds West along the northerly
extension of said east line 47 feet,more or less,to the shoreline of Prior Lake-,thence
westerly along said shoreline to its intersection with the northerly extension ofthe West
line of said Lot 2;thence South 05 degrees 55 minutes 19 seconds East along said
northerly extension of thevvest line of said Lot 2,a distance of 25 feet,more or less
the point of beginning.
Parcel Address: 5604 Candy Cove Trail SE
Prior Lake,,MN'553 72.
Parcel C
Lot 32 Block 1,THE BLUFFS OF CANDY COVE,Scott County,Minnesota;and that part of
Goven-nuent Lot.2,Section 36,Township 115 North,Range,22 West,Scott County, NE-nne8 ot
described as follows: a)
Beglimmig at the northwest comer of Lot 3,Block 1,THE BLUFFS OF CAN COVE
Scott County,Mnnesota;thence on an assumed bearing of South 59 degrees 17 Ininutes,
12 seconds East along the north line of said Lot 3,a distance of 126.17 feet to the east
line of said Lot 3;thence North 18 degrees 37 '
minutes 01 seconds West along the
northerly extension of said cast line 93 feet,more or less,to the shorelie of Prior Lake;
thence westerly along said shoreline to its intersection with the northerly extension of the
West line of said Lot 3; thence South 15 degrees 05 minutes 30 seconds East along said
northerly extension of the west line of said Lot 3,a distance of 47 feet,more or less,to
the point of beginning.
Parcel Address: 5614 Candy Cove Trail S.F
Prior Lake,MN 55372
Parcel
That part of Government Lot 2, Section 36,Township 115 North,Range 22 West, Scott County,
Minnesota,described as follows:
Beginning at the southwest comer of Lot 1,Block 1,THE BLUFFS OF CAN COVE,
Scott County,Minnesota;thence on an assumed bearing of South 60 degrees 52 minutes
50 seconds East along the south line of said Lot 1,a distance of 44.55 feet to the
northerly it ht-of-way of State Trunk Highway 13,thence southwesterly 45.1 I feet along
said northerly right-of-way being a non-tangential curve concave to the southeast baving
a radius of=11.634.41 feet,a central angle,of 0 degrees 13 ininutes 20 seconds, and the
chord of said curve 45,11 feet mi length and bears South 58 degrees 06 minutes 38
seconds West,the terrainus of said curve is at the intersection'of said northerly right-of-
way and the southerly extension of the west line of said Lot 1,Block 13 THE BLUFFS
OF CANDY COVE, Scott County,Minnesota;thence North 00 degrees 46 minutes 57
seconds West along said southerly extension of the west line a distance of45.52 feet to
the point of beginning.
Parcel Address: No address assigned
Parcel E
'neat part of Section 367 Township 1.1.5 North,Range 22 West,Scott County,l' it
described as follows;
Beginning at the Southeasterly most comer of Lot 31, Candy Covre Park, according to the,
recorded plat thereof;thence North 60 degrees 52 minutes 50 seconds West(assumed
bearing),along the south line of said Lot 3 1, a distance of 14.98 feet;thence South 45
degrees 56 minutes 50 seconds West,a distance of 124.38 feet;thence South 08 degrees
47 minutes 45 seconds East,a distance of 29.00 feet to the northwesterly right-of-way
line of Trunk Highway No. 13-1 thence Northeasterly,a distance of 116.71 feet along said
nght-of-way line,being a non-tangential curve, concave to the southeast having a radius
of 11,634.41 feet,a central angle of 00 degrees 34 ininutes 29 seconds,and a 116.71 foot
chord which bears North 57 degrees 42 minutes 43 seconds East to the intersection with
the southerly exttnslon of the west line of Lot 1,Block 1,THE BLUFFS Or CANDY
COVE,Scott County,Minnesota;thence North 00 degrees 46 minutes 57 seconds West
along said southerly extension of the west line of Lot 1,Blook 1,a distance of 45.52 feet
to the point of beginning,
Parcel Address: No address assigned
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 Jason A. Miller,
Applicant, v. State of Minnesota, et al., Defendants, Scott County Case No. 70-CV-16-17781, 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 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 January 11, 2017.
Sign ture
ACKNOWLEDGMENT OF RECEIPT OF
SUMMONS IN APPLICATION FOR REGISTRATION OF LAND
I dlinheder penalty,of perjury,that I received a copy of the summons in application for registration of
Ianb ve- pti�ned matter at 4646 Dakota St. SE,Prior Lake, MN 55372.
M6kV1A9-,PV--
Signature Relationskip to Entit /Authority to
Receive Service of Pllocess
1 I ' 2,011
Date of S gnature