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HomeMy WebLinkAbout1130At100� Ad00� iAdOJ)AdOJ ,Ot/3*. a3X jOtl3X oa3X r , ;. �.. AdOJ :AdOJ ,Otl3>,t '`tl W33X ! �OHJX No. 1609b App. Doc. No. 358571 Last Doc. No. DISTRICT COURT STATE—OP-MINNESOTA FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN i �n thr Mattel' of the Application to Register Title to Curtain 'Lar)d,'of ((( REPORT OF EXAMINER NAnzag, gusbead and Wife. am 10 IHF: Ht►�t)It.�Ni.l; JUMES OF THE Dls -rmCT COURT OF likNNEPIN cut N1 '1: Pursuant to an order heretofore entered in the above e:)tztled cause u,,hereby said case wto! referred ro the undrra ✓re ;l Fxymzner of Tilles to examine into the title of the ✓pplicantis) ir, and r :he :,:)d described in the application. unit into the truth of all matters set forth therein, and particularly .whether or not the land is occupied, and, if occupied. the nature thereof. and by what right the occupation is held. and also whelher or not any judgments against upplicant(s) or those through whom applkant"s) claim title. exist. which mail he a Tien upon the land described in the application, and to search all public records. unit fully investigate all facts pertaining to the title which hate been brought to »)y notice: and to make report in u tiling to the Court of the substance of the proof and file a report thereon, including a certzhc,t�e of opinion upon the title: 1. said Examiner of 'Lilies. after also having had said land inepecred by the County Sur veyor and having examined the records indicated on all the abstracts 1 ed Herein, do now repot: as follows. That at the time of the tiling of the applicalicm herein. the su:U applicant is) Bute ine 4. ae �orelaafter noted, It tiAi38811( e5d �AZEL_C. l3A SBI! L`usband and mi�es1._sm_.loiat teoaata,_..excssst/ _. s . - - was (w'ere) the record ow *netts! in fee simple of the certain lands in the County of Hennepin and State Ot Minnesota described in said application and as follows: 8hr5t kart of Lot 20 Block 3,,TEOLLEY LIME ADDITION, lying North of the South 10 test thereof. as usa ouread at r i,gbt angles to the South Lot 2 to work line of said Lorka.sst hput line ® Torrsus Cass no. L 3021ad by Jodicisl L 2. The 8nsp4ett10n "Port of the Couaty Surveyor on file in this proceeding and 7mrtagreph "Y" of the Appiicre'tion both show that the Land is oseupi ©d by gonaot"o Y9. gieloon anti Barbara A. salmon. The A�+piication furthaor rscitae that th000 parties are purchasing the promises as psis% tmnactta Pursuant to �n coeagQaact for dead. No such contract Le y6t of racord. Accordingly there should be the follow - ins se of in 6 c o fir;: l v+d i n ' atmcenia itt im the "oubjmct clause of the Dacr Registrations To an �emre ?eordod cortrect for s ®d in favor of Mannotih 8f. MOLOGn Wead 3tsrbava A. poison, has- bead anted wifW, . u jolut •teai -I nt-5. Tho above two oza it 2,�r its :��dc ��` -or0w 1 Chair t3C+eevnt to this pra- er;>xtt the ys ? ....cd not Del tactdea d. ar-d N .ry Z4 ,,Ltr F AOOOk �Aa00 {AdOO AdOO4 OLf31( E -0t13X ! . _ 1O2i3X r OU3X AdOJF 02331[, !AdOOE Lam �.AdOO:. 063X_ -'. �AdOO .Oa3X. 4. I note the followia defocto and irra,ularities: (a) The land description contained in the Application has been revised to conform to the practice of the office of the Aegiatrar of Title* in drafting Band descriptions by eliminating the nso of the exception and by setting forth the nmme of the addition axact- ly as it appears in the dedication clause of the recorded plat. The description has been further changad to Busts that the North lino of Lot 2 is marked by Judicial Landm*rks set pursuant to Torreas case 1*. 13021. The revised description appears at Para- aad should be ucetd in all further preseed- graph "1" of this Repast inss. (b) At a tine when Minneapolis and St, paul Suburban Rallwa Company was the record owner of Lot 26, Block 4, Best Minneapolis Heights, over which land Lot 2 herein ban now been platted, entries 58 and 70 of the abstract, it executed a deed in favor of The Minn - eapolis ac St. Paul suburban CoupanY, Hook 693 of Deeds, page 3, d76. This conveyance did not empresaly describe said Lot 26, but rather conveyed all of its real estate which was "used and useful, accessary or convenient" for the Icaaintanance and operation of its lines of railroad and all other land for railroad purposes. Hisaae theta is a question whether Lot 26 fit* within any of these categories, 'I recossasoad laans�oapolis+ wad Lt paiul Suburban Railway Con an as a defendant so that there coy be evidence at the hearing to support a finditrg in the Decree of 14egistration whether it does or does not have any interact in the prcaioas. (g) She Minneapolis & St, past Suburban Railroad Company, the gragtee of the conveyance at entry 76 as explained in the preced- ion paragraph 4(b), continued to be the owner of the within Land until 1961 when it filed with the Secretary of $tat* a Resolution for its dissolution out of court which a ppointod Ralph I- James as Trustoo for that purpose, 000 ontry a4. Shortir thereaftar, p oar' `Adopt Adoo AdOO �"- "`......"'s ....__..... 0213E ;0il3XI .0213%. ......._..._...._.. _.._._�__._..._...:.._._..___ „' 3X r✓_ i Ld otl3Xf - ,..Ad00� �Adoo -. `0213% �oas3X j0Lfo J had been wound up and dissolved, entry 81. Although the Trustee raac3e no disposition of -the ;premises herein prior to the time he _ - --- certified 'he ,eernor cn lzad bc n Tsol.vod tie 'ovtairtecl title to any omitted assets "£or the benefit o� the perolpsl 9!, yVLFIM ,the: e, to” pursuant to X.S.A. Section 301.56. 5ubsequ6ntiy. in 1963, said Trustee, The Minneapolis & St. Paul Suburban Railroad Company and Minnesota Enterprisea, Incorporated, all executed a deed for the land (than described as Lot 26, Clock 4, W*st Minneapolis Heights) to the applicants' grantor, Sock 2389 of Deeds, page 500, ' #97. this deed recited that Niamocsoto Enterprises, Incorporated Joined in the execution of the deed by reason of the fact that it was the sole shareholder of The t:ianoapolis & St. Paul Suburban Railroad Company at the time of its dissolution. It such was the case, said corporation would be the party entitled to the omitted assets of the above mentioned dissolved corporation within the meaning of said U.S.A.= Section 301.56. However. there has boom no such adjudication. I therefore casumaa there will be ovidance at the hearing to support a finding in the Doeree to be entered is this proceeding that said tiianesot,a Enterprises, Incorporated was the sole shareholder of The nLaceapolirs & St, Paul Suburban Bail road Company at the time of its dica+olution and therefore was the only party entitled to the ascots omitted from the winding up of said railroad company. (d) By the deeds recorded in Boots 6,62 of Deeds, page 84, #72, and Book 662 of heeds, pages 477. 473. a predecessor. in the appli- cants' chain of title comVeyed the within land to the Village of Edina for street and hiZhway purposes. Although the abotraect does not show the record of any oubsequesnt proceeding for the vacation of such a street or highway, any such easamoat has no doubt been terminated by abasedoamant or otherwise. I recom®ond the Village of Edina at a defendant ao thzt thorca pray be evidence at the hearing and a finding in tho Decree to that effect. (e) On the dramina of the plat herein, a 25 -foot utility ease- 0009 to phava tv be 100,„Drod aver Leto 2 And 31 DIO'ak It but it to that part of Lot 2 sought to be registered., see Book 162 of Plats# page 30. so that ther. e ma;* be evi: A�dO � '.OLf3 AdOO[ �AdOO Otf3% ff OL13X ; �Ado'v 0d3X .. .. c _ � AdOD i. AdOO AdOO; i0U3X� #Okax; AdOO M3X i iu the applAiseton or accadaewd. herein." 6. That the full and true valnatioa of the land eacluaive of im- provement is $937. D.- 1. That all the material alloEations contraimod in th® said eappli- cation are substantially true:. at heroin stated. @ :cope as Taosoim- above found, ead that applicantea are entitled to the relief prayed for upan correcting the irresularitios and defects above named. Respectfully submitted this 10th day of iebresry. 1966. JCa;I C. PUTIIRS, EXANIIIIIA OF TITLBR, ' ic7q y �++'r rL'sSi�i� �YVCii.�..a�►td �i pp yy Lorin�7- and ;'j4--I-oT'aCya a4, @d 19u � ko 192HS IMidland Bank Building Minneapolis, IIinnes;Ota RE: ReZrYistration o-f 1,-,nd in Trolley Line JAIdition by Ixrzeot, i,'. !-,lid C. Hi ,-Izen Gentlemen.. We represea-" 'a'aQ 'a'Illage olf"' &A-Jria. '11hey have fo2n�arded to us your 'Letter of 15, 157'66 IAth the attached Report of a 2x�aziner issued in ccnzec'Zi*o.n with the above reeictration. Mf`ter reviewlag the rcordz and consultatioa with the Village Dep�-,Lrtinent, ve to advise you that the Village does not de2lre to retain any street or highway 'Within the property being rec�,'Astcz'cd by your clicatus in -L-,ie above referene'ed proceedingi and th-e oot' utillty locsted on Lots 2 and 3, Block 1, u,: id I,Lle A(liditIon, dne2� not extend into the property being registered by yo,-,x clients. 'flne mattor..2• x -eferred to in this latter x4 covered by Par agraplft., D Z�� oft Ithe -Ex'.aninar's report issued in the a1bove registra-'Cinn proceedl'MS. I J. A. .r. Robert Obc,�-=iayer o" the VJUL°4ge 1"agineering Department can give you further on the above matters. However, it is desired that; no subpocaa be th—,t no pexz�ni,,,l testimony be taken. I ,.uiticipate that a or iiaiver wit1? or by the Village or FAU a w-U! be adequate for ycux p=,pozes. If you will please prepare such an OU3x 0 llouax Odix ➢Qf?FI'-Y. OWLN. MARQUAR r. W'iNO"OrST & if FST FiRST NATIONAL BANK 54.15LrMNG MINNEAPOLIS Lorin�7- and ;'j4--I-oT'aCya a4, @d 19u � ko 192HS IMidland Bank Building Minneapolis, IIinnes;Ota RE: ReZrYistration o-f 1,-,nd in Trolley Line JAIdition by Ixrzeot, i,'. !-,lid C. Hi ,-Izen Gentlemen.. We represea-" 'a'aQ 'a'Illage olf"' &A-Jria. '11hey have fo2n�arded to us your 'Letter of 15, 157'66 IAth the attached Report of a 2x�aziner issued in ccnzec'Zi*o.n with the above reeictration. Mf`ter reviewlag the rcordz and consultatioa with the Village Dep�-,Lrtinent, ve to advise you that the Village does not de2lre to retain any street or highway 'Within the property being rec�,'Astcz'cd by your clicatus in -L-,ie above referene'ed proceedingi and th-e oot' utillty locsted on Lots 2 and 3, Block 1, u,: id I,Lle A(liditIon, dne2� not extend into the property being registered by yo,-,x clients. 'flne mattor..2• x -eferred to in this latter x4 covered by Par agraplft., D Z�� oft Ithe -Ex'.aninar's report issued in the a1bove registra-'Cinn proceedl'MS. I J. A. .r. Robert Obc,�-=iayer o" the VJUL°4ge 1"agineering Department can give you further on the above matters. However, it is desired that; no subpocaa be th—,t no pexz�ni,,,l testimony be taken. I ,.uiticipate that a or iiaiver wit1? or by the Village or FAU a w-U! be adequate for ycux p=,pozes. If you will please prepare such an Ob:l� i AdODI. 7Adoo AJOA 0H3X + II, OW3X - �OrJ3X Fir. Clifford F. Hansen March 49 1966 Page 2 instrment for erecutian by tie VM,,ntZe and send it to rye, i will review it and once revieved and scad it to the Village for its execution and return it to yaL:. Z trust the above satisfies ;;our inquiry of February 15s 1966. . Very truly yo'ars,, Thus S. Erickson TSE:ca cc. Mr. Robert Oberme,;er ,Co. Mxs. Florence B. Hallberg oa:l� . oa3x, i I � i i I I i l D i i i I February 21, 1966 Mr. William A. Whitlock 2400 First National dank Bldg,. Minneapolis, Minn. Dear Bill; I have looked through the index For the Minutes and Bob Obermeyer has gone through his records and nei her of us has been able to find any- thing that would pertain to info tion requested in the enclosed letter. Will you please see what you can find for them? Yours very truly, Village Clerk fbh Encl. O p February 18, 1965 Mr. Clifford F. Hansen Loring & Anderson 1026 Midland Bank Building Minneapolis, Minn. .Dear Mr. Hansen: This is to advise you that Mr. Robert Ober-mayer may be subpoenaed to give testimony relative to the title of Lot 2, Block 3, Trolley Line Addition. Yours very truly, Village Clerk fbh I tom. A doG(. AdOOj • t4doo AdAJ ,Oa3�( Oa3X! 'y0a3X.' Oa3X AdOO� AdOO +AdoJ AdOo Otl3jti `Oa3X� (OU3X, I.Oa3X. LORING & ANDERSON LAWYERS ALBCRT M.ANOEFBON -1026 MIDLAND BANK BUILDING MINNEAPOLIS February 15, 1966 Village of Edina, 4801 W. 50th St„ Minneapolis, Minnesota. Gentlemen: please be advised that Mr. and ivrs. Ernest W..Hansen and Mr. and Mrs. Kenneth D. Nelson have filed an appli cation to torrens part of Lot 2, Block 3, Trolley Line Addition, located in Edina. Inclosed is a photostatic copy of the Report of Examiner consisting of five pages and dated Feb. 10,1966, Please refer to Paragraphs "d" and "e" of this Report. Will you please advise as tot he name or names of the persons who may be subpoenaed to give testimony rela- tive to the issues raised by the Examiner. Thanking you, we remain Yours very t uly, 0 2N & Tfe CFH -c B %"�� I " C n