HomeMy WebLinkAbout02-081 Land RegistrationBRYCE D. HUEMOELLER
JAMES D. BATES
ALLISON J. GONTAREK
HUEMOELLER & BATES
ATTORNEYS AT LAW
16670 FRANKLIN TRAH~
P.O. BOX 67
PRIOR LAKE, MINNESOTA 55372
(952) 447-2131
Fax: (952) 447-5628
E-mail:priorlakelaw(~jntegraonline.com
July 2, 2002
OF COUNSEL:
CHARLES C. HALBERG
To defendants named in the enclosed Summons La
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
from 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 gCOTT
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. 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, 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 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, rifle, 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.
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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 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 n. lailed on ~'7-- ~.-O )-
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
WITNESS, Scott County Court Administrator
and the seal thereof, at Shako~pee, Scott
County, Minnesota, this ~ day of
· ~ ,2002.
By ~,~L/~s~, ~c8-t2c~ Deputy f
Attorneys for Applicants
HUEMOELLER & BATES
.Bryce D. Huemoeller, #4782X
16670 Franklin Trail
Prior Lake, MN 55372
(612) 447-2131
¥PROYE'D AS TO FORM THiS
LEE VICIfERMAN -
DEPUTY EXAMINER OF TITLES
SCOT[ COI/Nl'l~ Ml/iliF.,SO/A
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STATE OFMINNESOTA
COUNTY OF SCOTT
In the Matger 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 Certain Land
2001-11976
DISTRICT COURT
FIRST JUDICIAL DISTRICT
OTHER CML
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 aH 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 elaim.q title, exist, which may be a lien upon the land
described in the Application, and to search all public records, and fully investigate all facts
pertaining to the title which have been brought to my notice; and to make a report in writing to
the Court of the substance of the proof and file a report thereon, including a certificate of opinion
upon the title; I, the Deputy Examiner of Titles, after also having the land inspected by the
County Surveyor and having examined the records indicated on all the abstracts filed herein, do
now report as follows:
1. OWNERS. At the time of the filing of the Application herein, 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 followsi
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 Dustmd, husband and wife, as joint tenants, claim
to be the record owners in fee simple of the following described land in Scott County,
Minnesota, w-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 extemion to the northeast comer of Lot 31;.thence
southerly along the easterly line of Lot 31 to the point of beginning.
2. OCCUPANTS. Paragraphs IE, IIE, and HIE oft he 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. Champine and
Rosalie L. Champine, husband and wife, as their homestead; and that the Dustrud Parcel is
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occupied by Charles P. Dustmd and Ruth Dustmd, 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 Dustrud
Parcel has a residential house on it and that it is constructively occupied by Charles P. and Ruth
Dustrud. ~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 comained 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, filed for record May 30, 2001, as Document No. 506551.
CHAMPINE PARCEL
Mortgage in flavor 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 d_~ted 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 statement in the Decree of Registration and set forth as memorials upon
the certificates of title to be issued pursuant to the Decree:
(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
.incidem to the owners thereof.
Real estate taxes due and payable upon the land in 2001 and prior years
have all 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 entities 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. Southworth; James Dom;
James J. Dunn; Linch M. Dunn; Lee Anne Fiereek; John IL Fiereek; Edwin IL Pickhardt;
Mary Ann Piekhardt; 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.
Co) 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 May 10, 1977,
filed for record March 24, I978 as Document No. 161508 over the Champine parcel. The
City of Prior Lake shah 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 nm 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 Departmem 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 mw 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 encroachment 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 (Cb_ampine Abstract) 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. Connelly
Realty Holding Company
Edna M. Southworth
James Dom
James J. Dunn
Linda M. Dunn
Lee Anne Fiereck
John R. Fiereck
Edwin 1L 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
descn'bed in the Application or amendments herein."
9. VALUATION. The market value ofthe land, exclusive ofimprovements is as follows:
O'Neill $100,000.00
Champine $100,000.00
Dustmd $100,000.00
10. FINAL CONTINUATION. 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 tree, 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
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