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HomeMy WebLinkAbout02-81 Land RegistrationBRYCE D. HUEMOELLER JAMES D. BATES ALLISON J. GONTAREK HUEMOELLER & BATES ATTORNEYS AT LAW 16670 FRANKLIN TRAIL P.O. BOX 67 PRIOR LAKE, MINNESOTA 55372 (952) 447-2131 Fax: (952) 447-5628 E-mail:priorlakelaw(~integraonline.com July 2, 2002 OF COUNSEL: CHARLES C. HALBERG To defendants named in the enclosed Summons in Application for Registration of Land: We represent Kevin F. O'Neill and Mary Pamela Lape-O'Neill, John W. Champine and Rosalie L. Champine, and Charles P. Dustmd and Ruth Dustmd in this initial registration proceeding involving land in Scott County, Minnesota, that is described in the Summons. If you will review, sign and return one copy of the enclosed Notice and Acknowledgment of Service it will save the time, expense and inconvenience of having you served personally. As the notice indicates, returning the form does not prevent you fi.om filing an answer to the Summons in Application for Registration of Land if you believe there is a mason for you to do so. Sincerely yours, Bryce D. Huemoeller BDH:ab Enclosure cc: Kevin F. O'Neill and Mary Pamela John W. Champine and Rosalie L. Champine Charles P. Dustmd and Ruth Dustmd SUMMONS IN APPLICATION FOR REGISTRATION OF LAND STATE OF MINNESOTA 2001-11976 DISTRICT COURT COUNTY OF SCOTT FIRST JUDICIAL DISTRICT OTHER CIVIL In the Matter of the Application of Kevin F. O'Neill and Mary Pamela Lape- O'Neill, husband and wife, as joint tenants, and John W. Champine and Rosalie L. Champine, husband and wife, as joint tenants, and Charles P. Dustmd and Ruth Dustmd, husband and wife, as joint tenants, to Register Title to the following described real estate situated in Scott County, Minnesota: O'Neill Parcel: Lot 29, Northwood, and that part 0f Government Lot 5, Section 3, Township 114, Range 22, Scott County, Minnesota, described as follows: Beginning at the southeast comer of Lot 29; thence easterly along the easterly extension of the south line of Lot 29 to the shoreline of Prior Lake; thence northerly along the shoreline to its intersection with the easterly extension of the northerly line of Lot 29; thence westerly along said easterly extension to the northeast comer of Lot 29; thence southerly along the easterly line of Lot 29 to the point of beginning. Champine Parcel: Lot 30, Northwood, and that part of Government Lot 5, Section 3, Township 114, Range 22, Scott County, Minnesota, described as follows: Beginning at the southeast comer of Lot 30; thence easterly along the easterly extension of the southerly line of Lot 30 to the shoreline of Prior Lake; thence northerly along the shoreline to its intersection with the easterly extension of the northerly line of Lot 30; thence westerly along said easterly extension to the northeast comer of Lot 30; thence southerly along the easterly line of Lot 30 to the point of beginning. Dustrud Parcel: Lot 31, Northwood, and that part of Government Lot 5, Section 3, Township 114, Range 22, Scott County, Minnesota, described as follows: Beginning at the southeast comer of Lot 31; thence easterly along the easterly extension of the southerly line of Lot 31 to the shoreline of Prior Lake; thence northerly along the shoreline to its intersection with the easterly extension of the northerly line of Lot 31; thence westerly along said easterly extension to the northeast comer of Lot 31; thence southerly along the easterly line of Lot 31 to the point of beginning. VS. Mortgage Electronic Registration Systems, Inc., Homeside Lending, Inc., Wells Fargo Home Mortgage, Inc., State of Minnesota, Ralph E. Lovett, Marion D. Lovett, John N. Connelly, Realty Holding Company, Edna M. Southworth, James Dom, James J. Dunn, Linda M. Dram, Lee Anne Fiereck, John R. Fiereck, Edwin R. Pickhardt, Mary Ann Pickhardt, Richfield Bank & Tmst Co., Kurt A. Larson, State Bank of Long Lake, Northwood, L.L.C., a Minnesota Corporation, City of Prior Lake, Minnesota Department of Natural Resources, Joan Made Holsten, Audrey Haywood Hastings, Fidelity Bank, Wells Fargo Bank Minnesota N.A., Larry A. Baysinger, Marsha D. Baysinger and Marquette Bank, N.A., 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, tire, estate, lien or interest in real estate described in the application or amendments herein," Defendants. THE STATE OF MINNESOTA TO THE ABOVE NAMED DEFENDANTS: You are hereby summoned and required to answer the application of the applicants in the above proceeding and to file your answer to the said application in the office of the Administrator of said court, in said county, within 20 days after service of this summons upon you exclusive of the day of such service, and, if you fail to answer the application within the time aforesaid, the applicants in this proceeding will apply to the court for the relief demanded therein. 2 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 O'Neill, et al., applicants v. Mortgage Electronic Registration Systems, Inc., et al., defendants, case no. 2001-11976, is served pursuant to Rule 4.05 of the Minnesota Rules of Civil Procedure. You must complete the acknowledgment part of this form and retum 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 on Summons in Application for Registration of Land was ~]ailed "7 ~ ~-0 )-- Signature ACKNOWLEDGMENT OF RECEIPT OF SUMMONS IN APPLICATION FOR REGISTRATION OF LAND I declare, under penalty of perjury, that I received a copy of the summons in application for registration of land in the above-captioned matter at 16200 Eagle Creek Avenue, Prior Lake, MN 55372. Signature Relationship to Entity/Authority to Receive Service of Process Date of Signature Attorneys for Applicants HUEMOELLER & BATES .Bryce D. Huemoeller, #4782X 16670 Franklin Trail Prior Lake, MN 55372 (612) 447-2131 WITNESS, Scott County Court Administrator and the seal thereof, at Shako_pee, Scott County, Minnesota, this .~ day of ~ ,2002. Deputy ff APPROVED AS TO FORM THIS LEE VIC~K£RMAN DEPUTY EXAMINER OF TITLES SCOTT COUNTY, MINNF. SOTA STATE OF MINNESOTA COUNTY OFSCOTT In the Matt'er of the Application of Kevin F. O'Neill and Mary Pamela Lape:O'Neill, husband and wife, as Joint tenants, and John W. Champine And Rosalie L. Champine, husband And wife, as joint tenants, and Charles P. Dustmd and Ruth Dustrud, husband And wife, as joint tenants, To Register Title to Certain Land 2001-11976 DISTRICT COURT FIRST JUDICIAL DISTRICT OTHER CIVIL REPORT OF EXAMINER TO THE HONORABLE JUDGES OF THE DISTRICT COURT OF SCOTT COUNTY: Pursuant to an Order heretofore entered in the above entitled cause whereby this case was referred to the undersigned Deputy Examiner of Titles to examine into the title of the Applicants in and to the land described in the Application, and into the troth of all matters set forth therein, and particularly whether or not the land is occupied, and, if occupied, the nature thereof; and by what fight the occupation is held, and also whether or not any judgments against the Applicants, or those through whom the Applicant claims 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 eertheieate of opinion upon the title; I, the Deputy Examiner of Titles, after also having the land inspected by the County Surveyor and having examined the records indicated on all the abstracts filed herein, do now report as follows: 1. OWNERS. At the time of the filing of the Application herein, the following applicants were the record owners in fee simple of the certain parcels of land located in Scott County, Minnesota, as described in the application as follows: O'NEILL PARCEL The applicants, Kevin F. O'Neill and Mary Pamela Lape-O'Neill, husband and wife, as joint tenants, claim to be the record owners in fee simple of the following described land in Scott County, Minnesota, to-wit: Lot 29, Northwood, and that part of Government Lot 5, Section 3, Township 114, Range 22, Scott County, Minnesota, described as follows: Beginning at the southeast comer of Lot 29; thence easterly along the easterly extension of.the south line of Lot 29 to the shoreline of Prior Lake; thence northerly along the shoreline to its intersection with the easterly extension of the northerly line of Lot 29; thence westerly along said easterly extension to the northeast comer of Lot 29; thence southerly along the easterly line of Lot 29 to the point of beginning. CHAMPINE PARCEL The applicants, John W. Champine and Rosalie L. Champine, husband and wife, as joint tenants, claim to be the record owners in fee simple, of the following described land in Scott County, Minnesota, to-wit: Lot 30, Northwood, and that part of Government Lot 5, Section 3, Township 114, Range 22, Scott County, Minnesota, described as follows: Beginning at the southeast comer of Lot 30; thence easterly along the easterly extension of the southerly line of Lot 30 to the shoreline of Prior Lake; thence northerly along the shoreline to its intersection with the easterly extension of the northerly line of Lot 30; thence westerly along said easterly extension to the northeast comer of Lot 30; thence southerly along the easterly line of Lot 30 to the point of beginning. DUSTRUD PARCEL The applicants, Charles P. Dustrud and Ruth Dnstrud, husband and wife, as joint tenants, claim to be the record owners in fee simple of the following described land in Scott County, Minnesota, to-wit: Lot 31, Northwood, and that part of Government Lot 5, Section 3, Township 114, Range 22, Scott County, Minnesota, described as follows: Beginning at the southeast comer of Lot 31; thence easterly along the easterly extension of the southerly line of Lot 31 to the shoreline of Prior Lake; thence northerly along the shoreline to its intersection with the easterly extension of the northerly line of Lot 31; thence westerly along said easterly' extension to the northeast comer of Lot 31; thence southerly along the easterly line of Lot 31 to the point ofbeglnning. 2. OCCUPANTS. Paragraphs IE, HE, and IIIE of the Application alleges that the O'Neill Parcel is occupied by applicants, Kevin F. O'Neill and Mary Pamela Lape-O'Neill, husband and wife, as their homestead; that the Champine Parcel is occupied by John W. Clmmpine and Rosalie L. Champine, husband and wife, as their homestead; and that the Dustrud Parcel is 2 occupied by Charles P. Dustmd and Ruth Dustrud, husband and wife, as their homestead. The Report of Surveyor reports that the O'Neill Parcel has a residential house on it and that it is constructively occupied by Kevin F. and Mary P. O'NeilL The Report of Surveyor reports that the Champine Parcel has a residential house and a boathouse on it and that it is constructively occupied by John W. and Rosalie L. Champine. The Report of Surveyor reports that the Du~trud Parcel has a residential house on it and that it is constructively occupied by Charles P. and Ruth Dustmd. ~There must be a Finding of Fact in the Final Decree in this matter that clears up these discrepancies. 3. MORTGAGE. The following mortgages appear of record and shall be contained in an appropriate concluding statement in the Decree of Registration and set forth as memorials upon the Certificates of Title to be issued pursuant to the Decree: O'NEILL PARCEL Mortgage in favor of Amerus Mortgage, Inc. dated February 16, 1998, filed for record March 3, 1998, as Documem No. 409642, for the original principal amount of $197,500.00; as assigned to Colonial Mortgage Company by Assignment of Mortgage dated July 7, 1998, filed for record July 21, 1998, as Document No. 420966; as further assigned to Mortgage Electronic Registration Systems, Inc., as nominee for Homeside Lending, Inc., by Assignment of Mortgage dated November 15, 2000, fried for record May 30, 2001, as Document No. 506551. CHAMPINE PARCEL Mortgage in favor of Homeservices Lending, LLC (DBA Edina Realty Mortgage), a limited liability company, dated May 3, 2001, filed for record May 15, 2001, as Document No. 505191, for the original principal mount of $132,160.00; as assigned to Wells Fargo Home Mortgage, Inc., by an Assignment of Mortgage dated May 3, 2001, filed for record May 15, 2001, as Document No. 505192. DUSTRUD PARCEL There are no mortgages on the Dustrud parcel as indicated in the abstract of title. Based upon the foregoing, Mortgage Electronic Registrations Systems, Inc.; Homeside Lending, Inc.; and Wells Fargo Home Mortgage, inc. shall be named as defendants herein. 4. OTHER INTERESTS AND ENCUMBRANCES. The following other interests and encumbrances appear of record and/or are known by this examiner, and shall be contained in an appropriate concluding statemem in the Decree of Registration and set forth as memorials upon the certificates of title to be issued pursuant to the Decree: 3 (a) Proprietary and sovereign rights of the State of Minnesota in any portion of the land lying below the natural high water mark' 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 owners thereof. Real estate taxes due and payable upon the land in 2001 and prior years have ail been paid. (c) There have been no special assessmem searches provided to this examiner at this time for the subject parcels. Special assessment searches must be provided prior to the final hearing. Based upon the foregoing, the State of Minnesota shall be named as a defendant herein. 5. DEFECTS AND IRREGULARITIES. The title of the Applicants to the land described in the application is subject to the following defects and irregularities: (a) The Applicants claim to be the fee owners of the land described in the application by adverse possession- Accordingly, there must be evidence at the hearing to support a finding of fact and adjudication in the Decree of Registration that the following persons and emities have either lost by adverse possession, abandoned or conveyed all right, title and interest that they may have had or claim in the land described in the Application- For the purposes of such an adjudication, Ralph E. Lovett; Marion D. Lovett; John N. Connelly; Realty Holding Company; Edna M. Southwortlx; James Dom; James J. Dunn; Linda M. Dunn; Lee Anne Fiereck; John R. Fiereck; Edwin R. Pickhardt; Mary Ann Pickhardt; Richfield Bank & Trust Co.; Kurt A. Larson; State Bank of Long Lake; and Northwood, L.L.C., a Minnesota Corporation, shall be named as defendants herein. (b) There is an easement for sanitary sewer purposes dated June 29, 1977, fried for record March 20, 1978, as Document No. 161423 over the O'Neill and Dustrud parcels. The City of Prior Lake shall be named a defendant herein. (c) There is an easemem for sanitary sewer purposes dated IV'my 10, 1977, filed for record March 24, I978 as Document No. 161508 over the Champine parcel_ The City of Prior Lake shall be named a defendant herein. (d) The Report of Surveyor indicates that there are sanitary sewer manholes near the lake indicating that the sanitary sewer lines run across all three parcels. The county surveyor recommends that the City of Prior Lake be made a defendant herein. This Examiner requires that the City of Prior Lake be made a defendant herein to specifically define and confine the said sanitary sewer easements. (e) The Report of Surveyor recommends that the Minnesota Department of Natural Resources be made a defendant herein. This Examiner concurs in that recommendation and requires that the Minnesota Department of Natural Resources be made a defendant herein. (f) The Report of Surveyor indicates that there are landscaping walls and a drain tile line that may encroach or be encroaching upon the O'Neill parcel from the adjoining Lot 28. The Report of Surveyor recommends that all the adjoining property owners be notified of this title registration proceeding. Joan Marie Holsten; Audrey Haywood Hastings; Fidelity Bank; Wells Fargo Bank Minnesota, N.A.; Larry A. Baysinger; Marsha D. Baysinger; and Marquette Bank, N.A. shall be made defendants herein. (g) The Report of Surveyor notes that landscaping walls and a row of cedar trees may encroach or be encroaching between the O'Neill parcel and the Champine parcel The registration proceeding must explain this possible encroachment, and if an encroachment exists, that the encroachmem is by consent of all parties. 6. REGISTRATION OF BOUNDARY LINE. The Application discloses at paragraph I that the Applicants do not desire to register any of the boundary lines of the land. 7. EXAMINATION. This report is based upon the Report of Surveyor, dated January 9, 2002, filed herein, and the examination of three abstracts containing respectively 172 entries (O'Neill Abstract), 167 entries (Champine AbsWaet) and 186 entries (Dustrud Abstract) certified to the land described in the Application on March 22, 2002 at 8:00 a.m., by Scott County Abstract and Title, Inc., and a review of the Scott County Recorder's records. 8. DEFENDANTS. The parties defendant in this title registration proceeding shall be: Mortgage Electronic Registration Systems, Inc. Homeside Lending, Inc. Wells Fargo Home Mortgage, Inc. State of Minnesota Ralph E. Lovett Marion D. Lovett John N. Counelly Realty Holding Company Edna M. Southworth James Dom James J. Dunn Linda M. Dunn Lee Anne Fiereck John R. Fiereck Edwin P~ Pickhardt Mary Ann Pickhardt Richfield Bank & Trust Co. Kurt A. Larson State Bank of Long Lake Northwood, L.L.C., a Minnesota Corporation City of Prior Lake Minnesota Department of Natural Resources Joan Marie Holsten Audrey Haywood Hastings Fidelity Bank Wells Fargo Bank Minnesota N.A. Larry A. Baysinger Marsha D. Baysinger Marquette Bank, N.A. "also all heirs and devisees of any of the above-named persons who are deceased; and all other persons or parties unknown claiming any right, title, estate, lien or interest in the real estate described in the Application or amendments herein." 9. VALUATION. The market value ofthe land, exclusive of improvements is as follows: O'Neill $100,000.00 Champine $100,000.00 Dustrud $100,000.00 10. FINAL CONTRqUATION. The abstract, to include searches as to all state and federal judgments, federal and state tax liens, bankruptcies, real estate taxes, and tax and special assessment sales, shall be continued to the day of the final hearing and submitted to the undersigned for a final examination prior to the hearing. 11. RECOMMENDATIONS. All the material allegations contained in the Application are substantially true, as herein stated, except as herein above found, and the Applicants are, entitled to the relief prayed for upon correcting the defects and irregularities above-named. Lee Vickerman (112744) Deputy Scott County Examiner of Titles 206 Scott Street Shakopee, MN 55379 (612) 445-2817