HomeMy WebLinkAbout02-077 Gaida Land Registration
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SirATE OF MINNESOTA
CIOUNTY OF SCOTT
DISTRICT COURT
FIRST JUDICIAL DISTRICT
No.
2001-00015
I
,
Irj the Matter of the Application of:
STIPULATION REGARDING
ROAD RIGHT-OF-WAY AND
UTILITY LOCATION
Efimund E. Gaida and Helen F. Gaida,
Applicants,
tq :-egister the title to the follo'h-'ing described reaJ estate sin.:.ated i.n Scott Cnunt)', ~1ir..r...esota.
,
NOW COMES the Applicants, and Defendants City of Prior Lake, Integra Telecom of
J\1:innesota LLC, MedicaCom Minnesota LLC, aka MediaCom Communications, Minnegasco,
aJ/J,d Minnesota Valley Electric Cooperative, and all hereby agree and stipulate as follows:
1. That the legal description of the land applicants are seeking to register is as
follows:
That part of Government Lot 7, Section 30, Township 115, Range 21, Scott
County, Minnesota described as follows:
Commencing at the northeast corner of Lot 15, KNEAFSEY'S COVE, according
to the recorded plat thereof, in and for said county; thence on an assumed bearing
of South 49 degrees 24 minutes 49 seconds East a distance of 300.39 feet along a
line to the northeast comer of REGISTERED LAND SURVEY NO. 100, as filed
and of record in the Office of the Registrar of Titles, in and for said county;
thence North 56 degrees 57 minutes 29 seconds West a distance of 100.00 feet to
the northwest corner of said REGISTERED LAND SURVEY NO. 100 and the
point of beginning of the iand to be described; thence SGuth 19 degrees 55
minutes 07 seconds West, along the westerly line thereof, a distance of 5.00 feet
to a reference point marked by a Judicial Landmark; thence continuing South 19
degrees 55 minutes 07 seconds West a distance of 92.04 feet to a reference point
marked by a Judicial Landmark; thence continuing South 19 degrees 55 minutes
07 seconds West a distance of 12 feet, more or less, to the shoreline of Prior Lake;
thence northwesterly, along said shoreline, to its intersection with the southerly
extension of the east line of said Lot 15, K.NEAFSEY'S COVE; thence North 0
degrees 02 minutes 57 seconds West, along said southerly extension, a distance of
19.00 feet, more or less, to a point on said line marked by an iron monument;
thence continuing North 0 degrees 02 minutes 57 seconds West. along said east
line, a distance of 187.76 feet to said northeast comer of Lot 15; thence
southeasterly a distance of202.83 feet along a nontangential curve concave to the
northeast having a radius of 514.84 feet, a central angle of22 degrees 34 minutes
20 seconds and the chord of said curve bears South 45 degrees 40 minutes 20
seconds to the point of beginning.
~
That when applicants' land was conveyed to them. the Northeasterly border of
their property was described in deeds filed in Book 134 Deeds page 239-240, and
Book 138 Deeds p. 579-580, as the "Town road as laid out across Government
Lot 7."
3.
That Applicants assert that this road is the road now generally known as Oakland
Beach A venue SE, and that the southwesterly boundary of the road is the same
line as the northeasterly border of their property, which is a line described above
as;
Beginnmg at the Northeast comer of Lot 15, KNEAFSEY'S COVE,
according to the plat thereof; thence southeasterly a distance of 202.83 feet
along a nontangential curve concave to the northeast having a radius of
514.84 feet, a central angle of22 degrees 34 minutes 20 seconds and the
chord of said curve bears South 45 degrees 40 minutes 20 seconds.
4. That the City of Prior Lake (the "City") has filed an Answer in this matter, dated
July 1,2002, asserting the City's ov.nership of Oakland Beach Avenue SE (the
"Road"). That the Applicants and the City agree that the City owns the entire
width of the Road actually used, including the right-of-way and all public
improvements, including the street light and power poles and all utility lines
associated with the Road. That this is consistent with the Answer filed in this
matter by the City.
5. That the Northeasterly comer of Applicants' property is the same point as the
Northwesterly comer of Registered Land Survey No. 100, the property
irnmediately adjacent to Applicants' property to the Southeast.
6. TIiat Intcgrfi Telecoi11 of~v1u'inesota. l.tC; !\1ediaCom ;.\1i...TlIlescta LLC, z.ka
MediaCom Communications; Minnegasco; and Minnesota Valley Electric
Cooperative (the "Utility Companies") acknowledge service in this matter.
7. That the Utility Companies own, in conjunction with the City, certain facilities
within the right-of-way of Oakland Beach Avenue. That some of these utilities
may encroach onto Applicants' land.
8. That while Applicants have no objection to the current location of these utilities,
if any utilities, do in fact encroach, they exist at sufferance and not as a matter of
right.
9. That the parties all agree that Oakland Beach Avenue is dedicated to the public
through use and that the City holds the Road in trust for the benefit of the public
/
and has the right to continue to maintain the Road pursuant to M.S. ~ 160.05,
Subd. I.
10. That the parties all agree that the City has an interest in the entire width of the
Road actually used, including the right-of-way and all public improvements,
including the street light, the power poles, the cable box, and any utility lines
associated with the Road.
This Stipulation has been entered into by the parties hereto effective this / ~ day of
December. 2002.
APPLICANTS:
Eiimund E. Gaida
Helen F. Gaida
DEFENDANTS:
City of Prior Lake
~
dministrator/Manager
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Its:
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Ci
Integra Telecom of Minnesota, LLC
By:
hs:
NlediaCom Minnesota LLC, aka MediaCom Communications
~y:
IUs:
Nlinnesota Valley Electric Cooperative
~y:
Hs:
Minnegasco
By:
Its:
ST,:"'TE OF MINNESOTA )
) ss.
qOUNTY OF )
This foregoing instrument was acknowledged before me this _ day of December,
21002, by Edmund E. Gaida and Helen F. Gaida, Applicants.
Signature of Person Taki,lg Acknowledgment
ST,UE OF MINNESOTA)
)ss.
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this J1i!:. day 0 f December,
~002, by ,lack. G. Hd<..tc","\ and H-d-f,k go. Ie.... . the Mayor and City
i/"dministrator, of the Cit1 of Prior Lake, a municipal corporation unde laws of the State of
Minnesota. on behalf of the corporation.
A
-
~. _ _ _ _ :;... \'Q!~:J;t",~.,::.,>:;_,. -..-:
f-.,'W.. ..,.~"~. . - ~ "'fV,,! ,.. ....:;- "'..'
\!~__,--~-~"..~.. L ~ i~"
, . :0~,!;. KELLY MEYER .~~
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: :'; ,'-+.",_'.c,J' NOT~Y ~UBU~-M,,',:~~;,,_ ~' ~~!'\~ .'!
, "{l:',;::;:"~' MycommISSlonEx:~,iesJ.;,..:",--,,"J ~.~
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~ 'Public "0
STATE OF MINNESOTA )
)ss.
COL~TY OF )
The foregoing instrument was acknowledged before me this _ day of December,
21002, by , the , ofIntegra Telecom of Minnesota,
ULC. a Minnesota limited liability corporation, on behalf of the corPoration.
Notary Public
~TATE OF MINNESOTA )
)ss.
<WLNTY OF )
I
The foregoing instrument was acknowledged before me this _ day of December,
4002, by , the , of MediaCom Minnesota LLC,
$a ~ediaCom Communications a Minnesota limited liability corporation, on behalf of the
9V1 }-IVl a.tioo.
Notary Public
$TATE OF Mlli'NESOTA )
)ss.
<1:0UNTY OF )
The foregoing instrument was acknowledged before me this _ day of December,
1002, by , the , of Minnesota Valley
~ooperative, a Minnesota corporation, on behalf of the corporation.
Notary Public
$TATE OF MINNESOTA )
)ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of December,
~002, by , the , ofMinnegasco, a
Minnesota corporation, on behalf of the corporation.
Notary Public
..CITY OF PRIOR LAKE
I To:
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I Fax PhJne:
I CC:
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16200 EAGLE CREEK AVENUE SE, PRIOR LAKE. MN 55372
Teresa Gumerman
Halleland Lewis Nilan Sipkins &
Johnson
Pillsbury Center South
220 South Sixth Street
Suite #600
Minneapolis, MN 55402-4501
612.338.1838
612,338,7858
Date: June 27, 2002
Number of pages including cover 2
sheet:
I From:
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I Fax phone:
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Jane Kansier
Planning Coordinator
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, MN 55372
(952) 447.9812
(952) 447-4245
REIIfIARK5:
o Urgent
IZI For your review 0 Reply ASAP
IZI Please conunent
.
~TO:
iFROM:
Teresa Gumerman
iDATE:
IRE:
Jane Kansier, Planning Coordinator~
June 27,2002 U
Gaida Land Registration
I have reviewed the partial survey you provided for the above property. Based on
this information, there is little I can add to my previous memorandum.
Neither the Gaida property nor the property on the opposite side ofthe street is
platted, so the right-of-way at this location was not dedicated as part of a plat.
There are other plats in the area that refer to this street as a "2 rod public street"
but I have no information on how the street was established or dedicated. It may
be that the street was established by use, in which case the City will want to
maintain its interest.
These are the only comments I can make based on the information I have. If you
have additional questions, please contact me.
1:\02files\02subject\02-077 gaida\gumerman2.doc
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PROPERTY DESCRIPTION
That part of Government Lot 7, Section 30, Township 115, Range 21, Scott County,
Minnesota described as follows:
Beginning at the Northeast corner of Lot 15, KNEAFSEY'S COVE, according to
the recorded plat thereof, in and for said county; thence on an assumed bearing
of North 85 degrees 19 minutes 00 seconds East, along the easterly extension
of the north line of said plat, a distance of 6.16 feet to the edge of existing road
as now traveled; thence South 33 degrees 06 minutes 37 seconds East, along
said edge of road, a distance of 11.62 feet; thence southeasterly a distanc(" of
188.01 feet along a tangential curve concave to the northeast having a radil!s of
468.00 feet and a central angle of 23 degrees 01 minute 04 seconds tc an
intersection with the westerly line of REGISTERED LAND SURVEY NO. 100, as
filed and of record in the Office of the Registrar of Titles, in and for said county;
thence South 19 degrees 51 minutes 08 seconds West, along said westerly line,
a distance of 101.00 feet to a point on said line marked by an iron monument;
thence continuing South 19 degrees 51 minutes 08 seconds West a distance of
6.00 feet, more or less. to the shoreline of Prior Lake; thence northwesterly,
along said shoreline, to its intersection with the southerly extension of the cast
line of said Lot 15, KNEAFSEY'S COVE; thence North 0 degrees 02 minutes 27
seconds West, along said southerly extension, a distance of 19.00 feet, more or
less. to a point on said line marked by an iron monument; thence continuing
North 0 degrees 02 minutes 27 seconds Wes!. along said east line, a dlstanc~ of
187.76 feet to the point of beginning.
ROBE
NGINEERING
COMPRNY,
CONSULTING ENGINEERS.
PLANNERS and lAND SURVEYORS
I HEREBY CER1IfY THAT TK.S PLAN WAS
PREPARED BY WE ~ UNtER MY DIRECT
Sl..lPER'ASlOH AHO THAT I AW A DUlY
REGlSttRED !Jit-JO :::>oellE.YnL
UNOfR THE LAWS '7 THE STATE
Of' ~SOTA.__
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DATI';'H1.nr'REG. NO.~
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1000 EAST 146th STREET. BURNSVlLlE,
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..CITY OF PRIOR LAKE
I To:
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I
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I Phone:
I Fax ph ne:
I CC:
I
16200 EAGLE CREEK AVENUE SE, PRIOR LAKE, MN 55372
Teresa Gumerman
Halleland Lewis Nilan Sipkins &
Johnson
Pillsbury Center South
220 South Sixth Street
Suite #600
Minneapolis. MN 55402-4501
612,338,1838
612.338.7858
RE!\f1ARKS:
Date: June 25, 2002
Number of pages including cover 2
sheet:
I From:
I
I
I
I
I Phone:
I Fax phone:
I
.
Jane Kansier
Planning Coordinator
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, MN 55372
(952) 447.9812
(952) 447-4245
o Urgent
cgJ For your review 0 Reply ASAP
cgJ Please comment
.
TO:
FROM:
Teresa Gumerman
Jane Kansier, Planning Coordinator~
June 25, 2002 U
DATE:
RE:
Gaida Land Registration
I have reviewed the limited materials we received for the above land registration.
Based on these materials, I have the following comments:
. The Surveyor's Report indicates the street and a streetlight encroach on
this property. The City will want to maintain an interest in these public
facilities.
. This property is not platted. The City has no platted interest in the lake
access. Any property below the Ordinary High Water Elevation (904'
MSL) is considered a part of the public lake.
These are the only comments I can make based on the information. If you have
any questions, please contact me.
J:\02fi1es\02subject\02-077 gaida\gumerman.doc
06/21/2002 13:22 FAX 61223S7S5~
HALLELAND LEWIS
141001
o
,
halleland lewis nilan
sipkins & johnson
I.m' cO at ~wlP.A.
6DO PiII"loury Canter South
220 South Sixth Str.et
Ninn.apolis.. MN 55402-4501
Offi.,.: 612.338.'838 Fa'" &12,338.7858
www.hall.land.com
FAX. TRANSMISSION
I
I! NAMEJCOMPANY
I J~ Kansier/Citv of Prior Lake
FAX #
PHONE'
952-447-4245
952-447-9812
FROM:
P~ONE NUMBER:
D~TE:
P~GES:
Suesan Pace
612-573-2902
June 21, 2002
(Including cover sheet)
CqMMENTS:
Ga~da Land Registration,
FI~E NO.: 20245-0002
ORIGINAL n will follow via V.S. Mail
[K] will not follow via V.S, Mail
TbiJ message is intended only for the use of the individual or entity to which it is addressed and ma.y contain information
that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the
into .ded recipient Or the employee or aient for delivering the message to the intended recipient, you are hereby notified
that dissemination, distl'ibution or copying of this eommunication is smctly prohibited. If you received this
con,murrication in error, please noti:ry us immediately by collect telephone and retum. the original message to us at thl:
abote address via the U.s. PosW Servie.. Thank you.
H you have lIny problems with receiving this fax, plellse contact us at:
HLNSJ Mall Room at 612.204,4149
DN: l06532
06/21/2002 13:22 FAX 6122387858
HALLELAND LEWIS
1aJ002
RECEIVED
"---"
'"-,,
JUN 15 2001
SCUTT COU~ITY CQU~T:,)
STAT~ OF MINNESOTA
COUN'!jY OF SCOTT
FIRST
DISTRICT COURT
JUDICIAL DISTRICT
e?ool - ()OO/S
PRELIMINARY
REPORT OF SURVEYOR
In tije Matter of the Application Of
Edmu~d E. Gaida and Helen F. Gaida,
as J~int Tenant5,
to R~gister Title
FILED
JUN 1 9 ZOOl A'
~COTTCOUNTYCOURTS
TO T~E HONORABLE JUDGES AND EXAMINER OF TITLES OF THE DISTRICT COURT ABOVE
NAMEb:
Pursuant to the request of the Examiner of Titles requesting the
coun~y Surveyor to in~pect the premises involved and verify the occupancy,
check for boundary encroachments and report to the Court and the Examiner
in .."iting,
I, the County sur\7eyor of Scott County, respectfully report the following:
I. I received an application with the following description:
That part of Government Lot 7, Section 30, Town~hip lIS, Range 21,
Scott county, Minnesota described as follows:
Beginning at the Northeast COrner of Lot 15, KNEAFSEY'S COVE,
according to the recorded plat thereof, in and for said county;
thence on an assumed bearing of North 85 degrees 19 minutes 00
seconds East, along the easterly extension of the north line of said
plat, a distance of 6.16 feet to the edge of existing road as now
traveled; thence South 33 degrees 06 minutes 37 seconds East, along
said edge of road, a distance of 11.62 feet; thence southeasterly a
distance of 188.01 feet along a tangential curve conca"e to the
northeast having a radius of 468.00 feet and a central angle of 23
degrees 01 minute 04 seconds to an intersection with the westerly
line of REGISTERBD LAND SURVEY NO. 100, as filed and of record in
the Office of the Registrar of Titles, in and for said county;
thence South 19 dellr"es 51 minutes 08 seconds West, along said
westerly line, a distance of 101. 00 feet to a point on said line
marked by an iron monument; thence continuing South 19 degrees 51
minutes 08 seconds West a distance of 6.00 feet, more or less, to
the shoreline of Prior Lake; thence northwesterly, along said
shoreline, to its intersection with the southerly extension of the
east line of said Lot 15, KNEAFSEY'S COVE; thence North 0 degrees 02
minutes 27 seconds West, along said southerly extension, a distance
of 19.00 feet, more or less, to a point on said line marked by an
iron monument; thence continuing North 0 degrees 02 minutes 27
seconds West, along said east line, a distance of 187.76 feet to the
point of beginning.
-----_._--_._--~
06/21/2002 13:22 FAX 6122387858
IIAlJ..f;LAND LEWI S
1aI003
''"-'
'--"
Repo~t of Surveyor
Edmu~d E_ Gaida and Helen F. Gaida
,
Page '2
II, I have also received a survey from Probe Engineering dated 10-17-00
with the following description:
That part of Government Lot 7. Section 30, Township 115. Range 21,
Scott County, Minnesota described as follows:
Beginning at the Northeast corner of Lot 15, KNEAFSEY'S COVE,
according to the l:ecorded plat thereof, in and for said county;
thence on an assumed bearing of North 85 degl:ees 19 minutes 00
seconds East, along the easterly extension of the north line of said
plat, a distance of 6.16 feet to the edge of existing road as now
traveled; thence South 33 degrees 06 minutes 37 seconds East, along
said edge of road, a distance of 11.62 feet; thence southeasterly a
distance of 188.01 feet along a tangential curve concave to the
northeast having a radius of 468.00 reet and a central angle of 23
degrees 01 minute 04 seconds to an intersection with the westerly
line of REGISTERED LAND SURVEY NO. 100, as filed and of record in
the Office of the Registrar of Titles, in and for said county;
thence South 19 degl:ees 51 minutes 08 seconds West, along said
westerly line, a distance of 101. 00 feet to a point on said line
marked by an iron monument; thence continuing South 19 degrees 51
minutes 08 seconds West a distance of 6.00 feet, more or less, to
the shoreline of Prior Lake; thence nOl:thwesterly, along said
shoreline, to its intersection with the southerly extension of the
east line of said Lot 15, KNEAFSEY'S COVE; thence North 0 degrees 02
minutes 27 seconds West, along said southerly extension, a distance
of 19.00 feet, more or less, to a point on said line marked by an
iron monument; thence continuing North 0 degrees 02 minutes 27
seconds West, along said east line, a distance of 187.76 feet to the
point of beginning.
III. I have reviewed the application, viewed the property and report the
follo,",ing'
1. A residential house and a detached garage are located on the
property, The garage was used as a cabin at one time, and still
has a small area used as a screened porch in it.
2. The applicants constructively occupy said property.
3. I note that the property is being registered to the shoreline of
Prior Lake. I recommend the Department of Natural Resources be
notified of said action to register title.
4, I note that the edge of the road and a stl:eet light may encroach
onto said property. I recommend that the city be notified of said
action to register title.
06/21/2002 13:22 FAX 6122387858
HALWLAND LEWIS
141004
'........
'---"
Repor~ of Surveyor
Edmunti E. Gaida and Helen F. Gaida
Page ~
5, I note that along the northeasterly line (road side) of the
property, there are power poles, telephone boxes and a cable box
located on said property. I recommend that the utility companies
be notified of said action to register title.
6. I note that along the westerly line of the property being
registered, a fence and landscaping encroaches onto and across
the property line. Along the easterly line of the property being
registered landscaping, three mailboxes and a tree line may
encroach onto and across the property line. I would recommend
that the adjoining property owners be notified of said action to
register title,
7. I note the description on the survey and the map portion of the
survey show a difference in bearings on the west line of the
property being registered. These bearings should be the sarne. The
map portion or the description should be revised.
8, I note that the plat of Kneafsey's Cove and the description of
record for the property being registered indicate the northeast
corner of lot 15 of Kneafsey's Cove to be on the southwesterly
boundary of the road. The survey shows the boundary of the road
to be .6.16 feet easterly of the northeast corner of Kneafsey' s
Cove. (I believe the southwesterly boundary of the road was
intended to coincide with the northeast corner of lot 15 of
Kneafsey's Cove.) I again recommend the City of Prior Lake be
notified of said action to register title.
9. I note the description per the application and survey does not
include calls to the Judicial Landmarks set on the westerly line
of Registered Land Survey No. 100 (easterly line of the property
being registered). I note the description does callout iron
monuments on the easterly and westerly lines of the property
being registered. I recommend the calls to the iron monuments be
removed from the description and the description be revised to
include calls to the Judicial Landmarks set on Registered Land
Survey No. 100. I note the survey also does not show the
southerly Judicial Landmark on the westerly line of RLS No. 100.
This Judicial Landmark should be located and tied into the
survey.
10. Once the survey and description have been revised, I would
recommend a Registered Land Survey also be prepared and filed
simUltaneously with the final certificate.
06/21/2002 13:23 FAX 6122387858
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'-_../
Repo~t of Surveyor
Edmu~d E_ Gaida and Helen ~- Gaida
Page ,4
HALLE LAND LEWIS
141005
"--'
I will prepare a final Report of Surveyor atter I have received and
reviewed the updated survey and description.
,
da~e~ this 5~ day of June, 2001
JLH/lilh
Respectfully Submitted,
;z ..bo(~
James L. Hentges
Scott county Surveyor
06/21/2002 13:23 FAX 6122387808
HA"LELAND LEWIS
'--.J
'---"
1aI006
1f4788 OAKLAND BEACH AV SE PRIOR LAKE MN 55372
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1I11l1 dr1:Jw ~ iI_ithl=r.ll lepll, reaan:lcd filII!, IliIIr
1I11I1MlYlllIil&IUILi-=-dclltabcllKlduOllC.
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-.:I dal:ll L -=tI:ld. in v.n.:... dry'. OtJIMI'JI,lft' ...
offl~"",.a l'fIIlbcr~aIImi~1t._ch-.rD,
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CuudLy is. 1Ul~ll:Ik*"r "lIIEClII:;a&.."Jl:~.t.:Ida
COIIlaiaad IrL~..._.__. _:_.:m!' hnI..]llil:lECllllbcL
1h;1~t"UlllYS~omcc
Parcel ID NLlmber.
Prope, tv Address,
Schoof Distric:t~
zonln~:
Lot:
Plat Djoscriptio,u
, GIS A.j:r..:
Legal peKription.
~
{~,,,,U
P~perty Information
Z59300010 Deeded ArcOS:
1.788 OAKLAND
BEACH AV SE
PIllOR LAKE MN 5537Z Owner Addressl
719
City
o
GAIDA,EDMUND ! &.
HELEN F
14788 OAKLAND 8EACH
PRIOR LAKe, MN 5537Z
::
A'~
0....,11' '. 'I
I
,
w+s
GAIDA, EDMUND E &
HELEN F
http:/N/WW.co.scott.mn,us/servletlcom.esri.esrimap,Esrimap?ServiceName-ovcrvicw&Clien1.,. 6/20/02
Owner:
Block:
T8xpllyer:
Taxpayer Add....: 14788 OAKLAND 8EACH
PRIOR LAKE, 5537Z
0.5Z
SECT-30 TWP-115 RNG-OZl 30 115 Zl .49 .49A PARCEL IN LOT 30 #7
LYING ADJACENT TO E SIDE OF LOT 15, KNEAFSET'S COVE
06/21/2002 13:23 FAX 6122387858
HALLE LAND LEWIS
'--"
141007
"'--'
Building Characteristics
Land:
Bllildln,.
Green +cres:
Property Value
$ 50000
$ 94900
$0
Tax Information
Net T,,*es: $ 1824.5
speClll~
Aslle_ entsl
Net TlI plll& Special $ 1830
A. I. ..1,' 8nrc!
Outsta .ding Special $ 0
AII..a lI1entlll:
11'I...t hi ,If payment.
Secon'l half
p.ym~t:
Total;
$ 154900
TYpe:
Yea. Built:
Architectural Style:
Foundation Size (Sq
I't):
G.rage Size (Sq Ft):
Bedroom.'
1971
RAMtlLER
1208
432
2
1.7S
$ 5.5
Bilthr-ooms:
http://w-ww.co.scott.mn.us/servletlcom.esri.esrimap.Esrimap?ServiceName=ovcrvicw&Clicnt.. . 6/20/02
Complex Prope~1
$ 912.25
$ 2.75
06/19/2002 13:30 FAX 6122387858
HALLELAND LEWIS
OJ - D'll
I4i 001/010
..,
halleland lewis nilan
sipkins & johnson
A... _..' lit LawlP.A.
60D Pillsbury Centoor South
220 South Sixth 5_
Minn_poU~ MN 554024501
Offiu. 1i12.338.1838 Fa.. 612.338.7858
www.........nd.ll:o....
fAX TRANSMISSION
NAMElCOMP~Y
'"
,FAX #
. ,
PHm'NE #
I Ja1e Kansier/City of Prior Lake
952-447-4245
952-447-9812
F..,M:
P~ONE NUMBER:
,
D4TE:
i
P~GES:
,
Suesan PacefTeresa Gumerman
612-573-2902/612-573-2924
June 19, 2002
, 0 (Including (Over sheet)
CQMMENTS:
As !we discussed on the telephone, I am attaching the Examiner's Report from the Gaida land
reg stration, I will forward the Surveyor's Report as soon as I obtain a copy of it. The Report
ind cates that the City may have an interest in Paragraph 5(a). (c) and (g),
If ypu have any questions, feel free to give me a call.
,
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F':>~\~c:..-
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:r n<<:d \-h,.." \t\f'orl'(Q..hll'Y'--
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as.
FIL~ NO.: 20245-0002
!
ORIGINAL :J will follow via U.s. Mail
~ will not follow via US, Mail
This imc55age ;" intended only for the use of the individual or entity to which it is addressed and may contain infonIllltion
that lS privileged, confidential and _._....... from disclosure under applicable law. If the reader of this mesS"lIe is not the
inte~d recipient or the employee or agent for delivering the mdSago to the intended rec;ipient, you an: hereby notified
that idissemination, distribution or copying of this colDlllllDication i5 strictly prolnbited, If you received this
com1nu;aication in =or, pJelISe notify I1S immediately by collect telephone and return the original message to us at the
ohovic address via the U.S. Postal Service. Tluu.k you.
H you. have any problems with receiving this fax, please contact us at:
HLNSJ Mail Room at 6U.204.2149
ON; , PS532
06/19/2002 13:31 FAX ~12~~8J~A~~~_
HALLELAND LEWIS
~!~~ u~ ~K1UK LAKE
Ii!I 002/010
141002
>
STAtrE OFlh.........sOTA
COQNrY OF SCO'IT
No. -1..001-00015
t...ANn TITLE SUMMONS IN APPLICATION FOR REGISTRATION OF LAND
DIS'IRlCT COURT
FIRST JUDICIAL DISTRICT
In the MattlO:l' of the Application of.Edrnund ~, Gaida and Hc:I"" 'F Gaida as J.2iDt
~ to register the title to the following described real estate situated in Scott County,
Minzicsota, namely: .
That part of Govennnent Lot 7, Section 30, Township lIS, Range 21, Scott County.
Minnesota described as follows:
i
Commencini at the noxtheast comer of Lot 15, KNEAFSEY'S COVE, lICeonbng to the
rccorded plat thereof, in met for said county; thence on an assumed bearing of South 49
degrees 24 minutes 49 seconds East a distance of 300.39 feet alODg a line to the northeast
comer ofREGISTI!RED LAND SURVHYNO. 100. as filed and ofrccord in the Office
of the Registrar ofTitlcs, in and for said 'County; tbc:nec North 56 d"gtees 57 minutes 29
seconds West a distznce of 100.00 feet to the __.J.. . ,cst comer ofsaid REGISTERED
LAND SURVEY NO. 100 and the point ofbegin.,;."g of the land to be described; thence
South 19 degxees 55 minutea 07 seconds W~ along the we&tctly line tbBIWf, a distance
of 5,,00 feet to a . ...~~.....we point marked by a Judicial Landmark; thenco continuing South
19 degrees 55 minutes 07 sBCOl1ds West a distance of 92.04 feet to a reference point
marked by a Judicial Landmark; thence continuing South 19 degrees 55 m:..y~..... 07
seconds Weat a distance of 12 feet, more or less, to the shorelin.. of Prior Lake; thence
northwesterly, along said shoreline, to its imersection with the southerly extension ofthe
eastlin.e of said Lot 15, KNBAFSEY'S COVE; thence North 0 degre..s 02 minutes 57
seconds West, along said southerly extllllSiolJ, a distllDCc of 19,00 feet, more or less, to a
point on said line Diarked by an iron monument; thence continuing North 0 degrees 02
mlnutes 57 seconds West, along said cast line, a distance of 187.76 feet to said northeast
comer ofLat 15; thence southeasterly" distanee of202.83 feet along II. nontangential
curve concave to the nOrtheast having II. I1KIiua of 514.84 fcet, a cen~ am:Ie 0:(22
degrees 34 minutes 20 f'........dl> and the chord of said curve bellJ'S South 45 d~6' _.... 40
:rniJ1utes 20 seconds to the point of beginning.
Applicants,
'Is.
City ~f Prior Lake
Prior Lake, Mllmesota
Roadway; called "08Jcllllld Beach
Avenue." Streetlight on Oakland Beach.
AVCllUC.
State ~f Minnesota
St. Paul, Minnesota
Savereien riibt. bOltween ordinary high
wa1=' mark and... '::".'''J' low water
ma:rk of Prior Lab.
06/09/2002 SUN 22:33 ITX/RX NO 5213]
06/19/2002 13:31 Fft~_Q!J2}~]~J~~..~
"
Rayml:>nd I. Corllforth
&: Ka1jh/YD E, Comfotlh
I.if S~lIel1g0)d
Qwest:
Xes) J:lnergy
Milmell'aso;o
Media Com. CODImmtications
Manu4_;__. Hanover
Mort8'jge CoJpora.tioD
Mo~ge EI.._~_..:c
Regl~tioD System.. Jnc.
F]eet Mortgage Corp. _..
Muy ~eafse)'
Robert . Kneafsey
Avis S .pka
Tboma~ Stiopka
Rosella !1anousky
Joseph ~tepb
Mary L<:j1l1ohnson
HALLELAND LEWIS
....x Uy fHLOR LAKE
IaJ 003/010
1aJ003
6541 Knea&ey Sf. SE
Prior Lab, MN 55372
mark ofPri"" Lake.
Ownera of adjacent lot.
14800 Oakland Beach Ave SB Owner of adjacent lot.
Prior Lake, MN 55372
P.O. Box 9351
MInneapolis, MN 55440
414 Nlcollet Mall
St. Paul,.MN 55401
800 LaSalle A V'O flU
Minneapolis, MN 55402
100 Clystal Run Rd
MiddletOwn, NYI0941
80 SOllth MaiJl Strec:t
Hanover, NJI 03755-2053
P.O. Box. 2026
FUnt, Ml 48501-2026
OwnCl'll of pbone lines On property
Owners of electric lines on properly.
Owner$'ofga;,Imes'on ...~..~..J..
Owners ofcable lines DO' .t'.....t"'~'"j'.
Mortgage holder.
Mortgage holder.
C/o CT Corpomtlon SystcD:I Inc. Mortgage holder.
NorwestMldland BlIIIk Building
401 Seconcl AVCIIUe South, SuJte 454
M:.._ _.... ..Iis, MN 55401
Deceased
Heir ofMuy Knellfile)' - Deceased
Heir of~ Kneafsey - :o.,.-<'85<d
9085-22Stlt St, W
Lak.....ille, MN 55044
700 PenrhfnJ; AVe. N
NewPmgu.., MN 56071
4500 N. Via Bntnlda
Apt. #116
1'uscoll,AZ 85718
2728 E, Franklin Apt.
Apt. #150]
MiDnellpOlis, MN 55406
Heif ofRobe.t F. JCD~ IlIIcl AviI Stepka
Heir ofltobertF. Xnelfsey aad AYlo Stepka
Heir ofR-obert F. KmlafJey and Avis Stepka
Heir "fRobcrr F. lCnea&.y aad Avis StcpJar.
06/09/2002 SUN 22:33 [TX/RI NO 5213J
06/19/2002 13:31 FAX 6122387858
HALLgH~....}E}vJfvA L&,I\.r:.
I4J 0041010
IgJ004
".
AnnI~cl1a Trimble
3136N, RiclccyBlvd
Tucson, A:z. &5716
Heir ot'Jl.obenF. KDcal!lcy lUId Avb Stepb.
John Nacey
6844 Simpkina Dr. SW
Prior Lab, MN 55372
Heir ofRober'l F. KDc:afS")' and Avis SteplQ
also ~l heirs md devisees of any of the above.nAml"<( pc:rllOll:l who ate d--.....s;"lIl1d all other
petsqns or parties unknown, elBi!lling IIJlY right, title, estate, lien or L.~.....i in the real estate
d~bcd in the application or amendments bctein.
Defemlants.
THIi:i STATE OF ~.oll 1.I.a!..SOTA TO THE ABOVE-NAMED DL.l!.l wANTS:
You are hereby 1IUllllUoned and ......;,....J to IIII5Wl:r the Applicalio.a.&fthlJ-Applic:am(s) t/>-.
the ~ov""entitled prOceeding and to file your lIDSWcr to the said Application in the. office: oftbe
Clerlj of said Court, in said County, within 20 days after service of this Swmnons upon you
exel~sive .n the d.y of such service, and if you fail to answer the Applicati= within the time
arore/;aid, the Applicant(s) in this proceeding will apply to the Court for the relief dr:mllnded therein.
~aO O~
Dale.. Mae # 74068
Attor:lCY(s) for appllcant(s)
EAS~ l..UND, BOLSTAD, CADE
&: m,rrCHINSON, LTD.
4200 ~0UDty Road 42 West
Savs.e, MN 55378
952-.94-6400
WITNESS, District Court AdtaiDi~_~~w./Clerk of said
Court, and tha seal thereof, at Ml.....~'r ,Ii.:.... ~.:.1l- ~p~1!. ill
'SCott,{ Countytbis Efi"'Dayof~_ ..'lOQL
,
Bv ~..I~k-~
Dep14y U
AF 'PROVED AS TO FORM '0 ~
11-lIS~:~TI ,20_
B~YOE D. t1u~A
, EXAMINER OF TITLES
06/0912002 SUN 22:33 [TX/RI NO 5213]
06/19/2002 13'
.31 FAX 6122387858
HALLELAND LEWIS
----------------
--------
141 005/010
------------------------------------
-,-"
1001-000\5
DIS'fRlCT COURT
FIRST JUDICIAL DlSTR1CT
o'I'HER CIVIL
StA'TE OF MINNESOTA
couNTY OF scOTl'
RECEIVED
JUN 1 5 LOOl
In the Matter of the Application dtO\TCoutm GOUR1~:
Edmund E; Gaida and Helen F, Oaida.
Joint Tenants,
FILED
REPORT OF EXAMINER
: To Register Title to Certain Land
JUN 1 9 (0011)
SCOTT COUNTY COURTS
TO THE HONORABLE JUDGES OF THE DISTRICT COURT OF scoTl" coUNTY:
Pursuant to an Order heretofore entered in the above entitled cause whereby this
case was referred to the undersigned Eltli'mineI of Titles to examine into the title of the
Applicants in and to the land described in the Application. and into the trU'Ih of all matters
set forth therein, and particularlY whether or not the land is occupied, and, if occupied. the
natllle thereof, and by what right the occupation is held, and also whether or not any
judgments against the Applicants, or those through whOIIl 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 p.........i"er 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 tiling of the Application herein, the AppliCants.
Edmund E. Gaida and Helen F. Gaida. weIe the record owners in fee simple of the certain
land in the County of Scott and state of Minnesota described in the Application and as
follows:
That part of Govenunent Lot 7, Section 30; Township 115. Range 21, Scott
County, Minnesota deScribed as follows: .'
Beginning at the Northeast coIner of Lot 15, KNEAFSEY' S COVE, according to
the recorded plat thereof, in and for said county; thence on an assumed bearing of
North 85 degrees 19 minutes 00 seconds East, along the easterly-cxtension ofthi:
north line of said plat, a distance of 6.16 feet to the edge of existing road as noW
\
-------------------
-----------------------
------
------
----------
~ 006/010
06/19/2002 13
:32 FAX 6122387858
HALLELAND LEWIS
traveled; thence South 33 degreeS 06' minutcs 37 seconds East, along said edge of
road, a distance ofl1.62 feet; thence southeasterly a distance ofl88.01 feet along
a timgential CUIVe concave to the northeast having a radius of 468.00 feet and a
central angle of 23 degrees 01 minutes 04 seconds to an intersection with the
westerly line ofRBGlSTERBD LAND SURVEY NO. 100, as filed and of record
in the Office of the Registrar of Titles, i.n and for said county; thence South 19
degrees Sl minutes 08 seconds West, along said westerly line, a distance of 101.00
feet to a point on said line marked by an iron monument; thence continuing, South
19 degrees 51 minutes 08 seconds West a distance of 6.00 feet" more or less, to the
shoreline of Prior Lake; thence northwesterly, along said shoreline; to its
intersection with the southerly extenSion of the east line ofsaid Lot 15,
KNEAFSEY' S COVE; thence North 0 degrees 02 minutes 27 seconds West, along
said southerly extension, a distance of 19.00 feet" more or less, to a point on said
line marked by an iron monument; thence continuing North 0 degrees 02 minutes
27 seconds West, along said east line, a distance of 187.76 feet to the point of
beginning.
2. occUPANTS. paragraph 6 of the Application alleges that the land is occupied
by the Applicants. .
3. MORTGAGES. No mortgagcs appear of record upon the land, .
. 4. OTHER INTERESTS AND ENCUMBRANCES, The followiIig other
Jnterests and encumbrances appear of record and shall be contained in .....r._priate
concluding statements in the Decree of Registration and set forth as memorials.upon the
certificate of title to be issued pursuant to the Decree: ..
. (a) Rights of the public and of the State of Minnesota to.that portion of the
land lymg below the normal ordinary high water line of Prior Lake, .
Based on the foregoing, the State of Minnesota shall be named as a defendant
herein.
(b) Real estate taxes due and payable upon the land in the year 2000 and
prior years have been paid.
-
S. DEFECTS AND IRREGULARITIES. The title of the Applicants to the land is
subject to the following defects and irregularities:
2
._.._..J_~..._
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--------------
14!1 007/010
06/19/2002 13
:32 FAX 6122387858
HALLELAND LEWIS
------- -- ----
-------
------------
----------~----
(a) The Applicants claim to be fue fee owners of the land by vlrtUe of a
~""""" """'...... July 14. J 955. _ A_ J2, J955. m ",,'" of J" of~'
.""" 239-2<0 (........' """ 48) ",d W",,""" D""...... O<<ob<< 31. J956. """'"
'''''''''' 5. J957. m Book ," ofD- ,..... 579-580 (-"" """ 49). _...,
1 al d n..,.+;ons contained in the Deeds are vague, may not extend to fue shorelIDe of
eg esc -1"- .' 1"
prior Lake, and may not include aU of the land descnbed In fue App .Icauon, .
Accordingly, there must be evidence at fue hearing to support a finding of fact I11fue
Decree ofRegisuation that the following persons and entities have eifuer lost by advers~
possession. abandoned or conveyed all right, title and interest that they mll}' have or claun
in the land described in the Application. For the; pUIpOse of such an adjudication, Mary
M. Kneafsey, the City of Prior Lake, Raymond J. Conrl'orth. I(athryn E. Cornforth, Jeff
Schaengold, Manufacturers Hanover Mortgage COIpOIRtion, Mortgage Electronic
Registration SystemS, Inc., Fleet Mortgage Corp., and 1:b.e State .of Minnesota shall be
named as defendants herein.
(b) There must be evidence at the hearing to support a finding of fact in 1he
Decree of Registration that the State of Minnesota does not have or claim any interest in
the land, or the nature of any interest claiIned must be determined and 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, by virtue of
the Final Certificate, dated January 24,1967, recorded FebruaIY 2.7,1967, as document
113413 (abstract entry 54). For the pUlJlose ofsuch an adjudication, the State of
Minnesota shall be named as a defendant herein.
(c) The report of surveyor notes that the road and a street light tnay
encroach upon the land. The Decree of Rcgistration must contain Findings of Fact as to
the nature of the interest, ifBIlY; claimed in the land by virtue of the encroachments, For
the purpose of such an adjudication, the City of Prior Lake shall be named as a defendant
herein,
(d) The report of surveyor notes that power poles, telephone boxes, and a
cable box iu:e located along the northeasterly line (roadside) of the land. The location of
the utilities and the rights, if any, claimed in the land must be adjudicated and set forth as
memorials upon the certificate of title to be issued purSUBIlt to the Decree of Registration,
For the purpose of such adjudications, the utility companies whose facilities are located
upon the land must be identified and named as defendants herein.
(e) The report of surveyor notes that a fence- and landscaping encroaches
onto and acroSS the westerly line of the land, and landscaping, mailboxes and a tree line
may encroach onto and across the easterly line of the land, The decree ofregistration
3
06/19/2002 13:33 FAX 6122387858
_.HALLELAND I~WIS
~ 008/010
.---.--------
must contain findings of facts a.. to the natunl \lfthe ;..:.......,t. if IIIIY. claimed in the land
by virtue of the encroachments. For the purpose of such adjudiclltions. the owners and
holders of encumbr!ltlr:c~ upon the land adjRCCllt to the wc&terly and ......~tcrly boundaries
of the IBtld must be identified lIIld named lIS defcnd'lJt~ herein.
(f) There is a deviation on the SIltV8Y betWeen the legal description and the
bearinl\S shown on the map for the west line of the land, Either the legal dcscription or
the map portion of the "'lTVey must be revised and. filed herein. If the leg>ol description is
revised, an amended applicati,oo must be filed.
(g) The survey appears to show tbe boundary oftherolld to be 6.16 feet
e''''stedy of the northeast comer of the pIal ofKnr:"fKy's Cove, rather than on or adjacent
to the nnrthe~ comer. The deer<:<: of registration must C'.ontain findings of fact as to the
na1.llrC of the intaest. if 1II1)', claimed in the area lying between the northeast comer and
the road that is advm'\C to the applicants or may otherwise interfere with access to the
land. For the pwpose of "';teh an adjudication. the City ofPrlor Lake shall be'. named /llI a
I)r:fendllIlt herein.
(h) The legal dellCriptian of the IIlD.ds in the al'PUcation .nd swvey does not
include call to the judieiallandm8!ks aet on the we:rtcrly line of Registerer! Land SlltVey
No. J 00. which is the easterly line of the land being registc(Cd. The report ofsurveynr
notes that thc legol description calls nut iron monuments on the .....,terly and westerly lin...
of the land being rcVMered, bUt recommend.. that the calla to the iron mon\Ulletlts be
removed frolIl the legll! description and replaced with calls to the judicial1an.rlmadal set
out an Registlll'ed Land Survey No.1 00. Prior to procer.din,g further with this
registraticm. tho application IlIld the SW:V8Y shall be modifier! in show the judicial
landmarks on the westerly line ofRegistcred Land Survey Number 100. and the judicial
landmarks should be madc part of the legal description for the land,
(i) Because of the c:mnplC>Cities of the le~al description for the land, the
decree ofregistratinn shall require the applicant, to 1'...'." a re!l;iste:red land survey
covering thll1and wbid> slll.Il be filed with the registrar of titles concurrently with the
filing of the decree.
6. REGISTRATION OF BOUNDARY LINIl. The Application disclo!lCll at
plllflgraph 8 that the Applicants do not desire to rcgild:cr any of the bOundary lines..oftbe
land..
7. EXAMINA nON. This report is based upon the Report of SIltVeyOr, dated
June 5, 2001, filed herein and the eXlllllination of an ab.tract containlnp; 71 entri",
4
06/19/2002 13:33 FAX 6122387858
BALLELAND LEWIS
~
certified tn the J~nr\ described in the Application on February 1, 2001 at 8:00 am., by
Scott County Abstract and Title, Inc.
8. Ur.l' ~NDANTS. The partie~ defen.dll11t h<;l:r.in shall be the following persons
and entities:
STATE OF MINNESOTA
MARY M, KNEAFSEY
CITY OF PRIOR LAKE
RAYMOND J. CORNFORTH
KA'l'HRYN E. CORNFORTH
JEFF SCHAENGOLD
MANUFACTURERS HANO'VERMORTGAGE CORPORATION
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.
FLEBT MORTGAGE CORP.
OWNERS.AND HOLDERS OF RNCUMBRANCES UPON TIlE LAND
ADJACENT TO TIlF. WESTERLY AND EASTER!. Y BOUNDARlBS OF
TIm LAND
UTILITY COMPJ\NIES WHOSE FACILmn.'l ARE LOCATED UPON TIlE
LAND
"also ..Jl heirs and devisees of any of the abov....named persons who are decea.,ed; ~nr\ "11
other persons or parties Wlknown claiming any right, title, estate,lien c'lT ;..;....0; in the
real estaIe described in the Application or "",endm cot.. herein..
9. VALUATION. The market value of the land exolusive of i..'J"~' ~~cnts is
$60,000.00.
10. FINAL CONTmUA TION. The abstract, to inolude searches lIS to 1111 state
"nd :fi:d=l judgm=a:, federal and state till( liens, bllllktuptcies (from the fedCl"lll district
coun for the district in which the Applicanta reside. real estate taxes, and tax and special
assessment sales. shall be continued to the clay of the final hearing and submitted to the
undersigned for a final examination pn' or to the hearin,ll;.
.~
11. RECOMMENDATIONS. All the roateri"1 allegations cordllined.in the
Application are sUbllt!llltial1y tr\le, as haem stated, except as hereinabove found, BIld the
Applicants cn!itk"" to the relief prayed for upon correcting the defects andimo"d"titics
~bove, named,
(Signatu~ nn. Follow:in8 Page)
s
~ 009/010
06/19/2002 13:33 FAX 6122387858
DatedJUlle~ 2
___ 001,
HALLE LAND LEWIS
'~~D~J
Scott C e, cr, #4'182" -
Ollnty Exam' .....
16670 pz:--'-" T: ,mer of Titles
Pri ~"<'Iln nul
or Lake:, MN 553
(952) 447-2131 72
6
ItI 010/010
-----------
STATE OF MINNESOTA
COUNTY OF SCOTT
DISTRICT COURT
FIRST JUDICIAL DISTRICT
No. 2001-00015
LAND TITLE SUMMONS IN APPLICATION FOR REGISTRATION OF LAND
In the Matter of the Application of Edmund E. Gaida and Helen F. Gaida. as Joint
Te,ants, to register the title to the following described real estate situated in Scott County,
Mitmesota, namely:
That part of Government Lot 7, Section 30, Township 115, Range 21, Scott County,
Mipnesota described as follows:
Commencing at the northeast comer of Lot 15, KNEAFSEY'S COVE, according to the
recorded plat thereof, in and for said county; thence on an assumed bearing of South 49
degrees 24 minutes 49 seconds East a distance of 300.39 feet along a line to the northeast
comer of REGISTERED LAND SURVEY NO. 100, as filed and ofrecord in the Office
of the Registrar of Titles, in and for said county; thence North 56 degrees 57 minutes 29
seconds West a distance of 100.00 feet to the northwest corner of said REGISTERED
LAND SURVEY NO.1 00 and the point of beginning ofthe land to be described; thence
South 19 degrees 55 minutes 07 seconds West, along the westerly line thereof, a distance
of 5.00 feet to a reference point marked by a Judicial Landmark; thence continuing South
19 degrees 55 minutes 07 seconds West a distance of 92.04 feet to a reference point
marked by a Judicial Landmark; thence continuing South 19 degrees 55 minutes 07
seconds West a distance of 12 feet, more or less, to the shoreline of Prior Lake; thence
northwesterly, along said shoreline, to its intersection with the southerly extension of the
east line of said Lot 15, KNEAFSEY'S COVE; thence North 0 degrees 02 minutes 57
seconds West, along said southerly extension, a distance of 19.00 feet, more or less, to a
point on said line marked by an iron monument; thence continuing North 0 degrees 02
minutes 57 seconds West, along said east line, a distance of187.76 feet to said northeast
corner of Lot 15; thence southeasterly a distance of202.83 feet along a nontangential
curve concave to the northeast having a radius of 514.84 feet, a central angle of22
degrees 34 minutes 20 seconds and the chord of said curve bears South 45 degrees 40
minutes 20 seconds to the point of beginning.
Applicants,
vs.
City of Prior Lake
Prior Lake, Minnesota
Roadway; called "Oakland Beach
Avenue." Streetlight on Oakland Beach
Avenue.
State of Minnesota
St. Paul, Minnesota
Sovereign rights between ordinary high
water mark and ordinary low water
mark of Prior Lake.
Rayjrnond J. Cornforth
& Wathryn E. Cornforth
Jeff! Schaengold
QW\lst
Xcdl Energy
Mi~negasco
Me~ia Com. Communications
Malmfacturers Hanover
Moftgage Corporation
M9rtgage Electronic
Re$istration Systems, Inc.
Fle~t Mortgage Corp.
MaIry Kneafsey
Ro lert F. Kneafsey
Av s Stepka
Th~mas Stepka
Ro~ella Janousky
Jo~eph Stepka
Mllry Lou Johnson
6541 Kneafsey St. SE
Prior Lake, MN 55372
mark of Prior Lake.
Owners of adjacent lot.
14800 Oakland Beach Ave SE Owner of adjacent lot.
Prior Lake, MN 55372
P.O. Box 9351
Minneapolis, MN 55440
414 Nicollet Mall
St. Paul, MN 55401
800 LaSalle Ave FIll
Minneapolis, MN 55402
100 Crystal Run Rd
Middletown, NYl0941
80 South Main Street
Hanover, NH 03755-2053
P.O. Box 2026
Flint, MI 48501-2026
Owners of phone lines on property
Owners of electric lines on property.
Owners of gas lines on t',vt'~.;i.
Owners of cable lines on property.
Mortgage holder.
Mortgage holder.
C/o CT Corporation System Inc. Mortgage holder.
Norwest Midland Bank Building
401 Second Avenue South, Suite 454
Minneapolis, MN 55401
Deceased
Heir of Mary Kneafsey - Deceased
Heir of Mary Kneafsey - Deceased
9085-225th St. W
Lakeville, MN 55044
700 Pershing Ave. N
New Prague, MN 56071
4500 N. Via Entrada
Apt. #116
Tuscon, AZ 85718
2728 E. Franklin Apt,
Apt. #1501
Minneapolis, MN 55406
Heir of Robert F. Kneafsey and A vis Stepka
Heir of Robert F. Kneafsey and A vis Stepka
Heir of Robert F. Kneafsey and Avis Stepka
Heir of Robert F. Kneafsey and Avis Stepka
Annabella Trimble
3136 N. Rickey Blvd
Tucson, AZ 85716
Heir of Robert F. Kneafsey and Avis Stepka
John Nacey
6844 Simpkins Dr. SW
Prior Lake, MN 55372
Heir of Robert F. Kneafsey and Avis Stepka
alstj! all heirs and devisees of any of the above-named persons who are deceases;. and all other
per~ons or parties unknown, claiming any right, title, estate, lien or interest in the real estate
de51Cribed in the application or amendments herein.
Defendants.
TIlE STATE OF MINNESOTA TO THE ABOVE-NAMED DEFENDANTS:
, You are hereby summoned and required to answer the Application of the Applicant(s) in
the! above-entitled proceeding and to file your answer to the said Application in the office of the
Cltjrk of said Court, in said County, within 20 days after service of this Summons upon you
exqlusive of the day of such service, and if you fail to answer the Application within the time
afdresaid, the Applicant(s) in this proceeding will apply to the Court for the relief demanded therein.
e&-ct\O O~
Da/,eJ.Moe#74068
At1omey(s) for applicant(s)
EASTLUND, SOLSTAD, CADE
& tmTCHINSON, LTD.
42PO County Road 42 West
Savage, MN 55378
95~-894-6400
WITNESS, District Court Administrator/Clerk of said
Court, and the seal thereof, at Mffi,..''''i'<I::. :.. ...:.1- 5nq,l:op~~ to
'5/'.l.itA County this~Day of C\..Un..e_ .2002
,
Bv
~A k.~
Deputy (j
iAPPROVED A.S TO FORM ."<J '2...
THISrz.-\'<f'~~ ,20_.
I BRYCE D. HUE~ER
EXAMINER OF TITLES
O)
irG~~ @ ~.Q'0]' -
! \' .... - 2 .
, ~ I
1-
halleland lewis nilan
sipkins & johnson PA
Jul~ 1, 2002
Fra~k Boyles, City Manager
Citt of Prior Lake
16200 Eagle Creek Avenue
Prior Lake, MN 55372-1714
Re: Land Title Summons: Edmund and Helen Gaida
1
,
I
Attorneys at law I PA
, 600 Pillsbury Center South
I J 220 South Sixth Street
Minneapolis, MN 55402-4501
!:,. Office: 612.338.1838 Fax: 612.338.7858
I www.halleland.com
Suesan Lea Pac.
Direct 01.1: 612-573-2902
Em_U; space@halleland.com
De~r Frank:
Enclosed for your information is a courtesy copy of the Answer of the City of Prior Lake in the
abdve-referenced matter.
Very truly yours,
~ ~ fD-UL-
Sue~an Lea Pace, Esq.
SLPlmrg
Enclosure
cc:' Jane Kansier
DN: 153958
STATE OF MINNESOTA
DISTRICT OF MINNESOTA
COUNTY OF SCOTT
FIRST JUDICIAL DISTRICT
In the Matter of the Application of
Edrjnund E. Gaida and Helen F. Gaida,
Joint Tenants,
)
)
)
)
)
)
ANSWER
No. 2001-00015
To ~egister the Title to Certain Land
In the matter of Edmund E. Gaida and Helen F. Gaida, Joint Tenants, to Register the
Titl~ to certain real estate as described in the Application and in the Land Title Summons in the
abqve-referenced matter, comes now the Defendant, the City of Prior Lake, Minnesota (the
"Ci~") and for its Answer to the Application, states and declares as follows:
ANSWER
1. That, except as hereinafter admitted, denied or qualified, Defendant, the City of
Pridr Lake, is without sufficient knowledge or information to form a belief as to the truth or
falsity of all of the matters set forth in the in the Application and in the examiner's report on
file in this proceeding.
2. That Defendant, the City of Prior Lake, is a political subdivision organized under
Minnesota iaw.
3. That the Defendant, the City of Prior Lake, consents to Petitioners' claim to their
intE1rest in the land from the property line, as indicated in the Warranty Deed dated July 14,
19~5, recorded August 12, 1995, in Book 134 of Deeds, pages 239-240 (abstract entry 48)
andl Warranty Deed dated October 31, 1956, recorded January 5, 1957, in Book 138 of Deeds,
pagles 579-580 (abstract entry 49), to the shoreline of Prior Lake, as indicated in Paragraph 5(a)
of the Report of Examiner.
DN: 1:52760
4. That the Defendant, the City of Prior Lake, asserts that the road, Oakland Beach
Drive (the "Road"), is dedicated to the public pursuant to Minnesota Statute 160.05,
suqdivision 1 through (1) use by the public, (2) maintenance at government expense and (3)
over a continues period of at least six years.
5. That the Defendant, the City of Prior Lake also has an interest in the entire
width of the Road actually used, including the right-of-way and all public improvements,
including the street light and any utility lines, associated with the Road.
6. That the Defendant, the City of Prior Lake, consents to Petitioners' claim to their
intElrest in the area lying between the northeast corner and the Road.
WHEREFORE, Defendant, The City of Prior Lake, requests that the Court grant the
following relief:
1. Adjudging, determining and ordering that Oakland Beach Road is dedicated to
the public and that the City holds such Road in trust for the benefit of the public and has the
rig~t to continue to maintain the Road, pursuant to the authority granted by Minnesota
Sta~ute Section 160.05, subdivision 1.
2. Adjudging, determining and ordering that the City has an interest in the entire
width of the Road actually used, including the right-of-way and all public improvements,
incl\lding the street light and any utility lines, associated with the Road and has the right to
continue to maintain the right-of-way and all public improvements, including the street light
and: any utility lines, associated with the Road.
3. For such other and further relief as the Court may deem just and equitable.
DN: 152760
2
Dated: July 1, 2002
HALLELAND LEWIS NILAN
SIPKINS & JOHNSON PA
By: J/./.AIIAJ;(u;:tlu.e---
Suelan Lea Pace Reg. No. 0199345
Ronald B. Peterson Reg. No. 86344
600 Pillsbury Center South
220 South Sixth Street
Minneapolis, Minnesota 55402
(612) 338-1838
ATTORNEY FOR DEFENDANT THE CITY OF PRIOR
LAKE
DN: 1$2760
3