Title Opinion Re-New City Hall Property Purchase 1992June 259 1992
Mr. Norman F. Freske
Mayor
City Hall
13474 - 95th Street Northeast
Otsego, MN 55330
Dear Mayor, Council and Staff:
JURAN & MOODY, INC.
Investment Securities Since 1939
Minnesota Mutual Life Center
400 North Robert Street - Suite 800
Saint Paul, Minnesota 55101-2091
Telephone 612/224-1500
Toll Free 1-800-950-4666
Telecopier 612/224-5124
Thank you very much for the opportunity to meet with you this past Wednesday
to discuss the City's upcoming City Hall Project. It was a pleasure meeting with
you.
As you proceed with the development of this project, please do not hesitate to
contact me for any additional information you may desire. I look forward to
working with you on this project and securing the most cost effective financing
possible.
Once again, thank you for your time and consideration.
Very truly yours,
JURAN &MOODY, INC.
Thomas P. Truszinski
Vice President
TPT/eh
cc: Jerome Perrault
Elaine Beatty
James Barthel
Saint Paul, MN -Minneapolis, MN -Houston, TX -Clearwater, FL
Exhibit H
TITLE OPINION 'BOILERPLATE"
There are many other matters which are not covered by the title opinion. It is advisable to
alert the client to these, either in the body of the opinion, or by an attachment to the title
opinion or in a separate accompanying letter. Some examiners have the opinion that
'boilerplate' should be omitted from the Title Opinion completely for fear that it makes the
document too long for the client to read and retain. Other examiners think that it is
important to provide the client with as much relevant information as possible, especially if
a brief consultation and the title opinion are the only communication between the attorney
and the residential real estate purchaser. An example of thorough "boilerplate" for a
residential transaction follows.
The title opinion is based upon information appearing in the Abstract of Title. The title opinion
is based on the assumption that the Abstract accurately reflects the public records and that the
recorded documents are genuine. The title examination is not an examination of all matters
Mich are concerns for this transaction. The following is a partial list of matters which are not
covered by the Tittle Opinion:
a. Abstract Date -Closing Date Between the date of certification of the Abstract of Title
and the closing date, there is a period of time when documents (including liens) could
be recorded against the property. The written title opinion does ont cover that period of
time. It is advisable to have these matters checked immediately prior to closing.
b. Closing Date -Possession Date If your closing date is not the same as your date of
possession, according to your Purchase Agreement, then special attention needs to be
given to your homeowner's insurance policy to make sure that the property is insured
even though you have not taken possession.
c. �ecial Assessments The municipality may have constructed some recent special
improvements to your property (municipal water, municipal sewer, paved streets, curb
and gutter, sidewalks, or street lights). The cost of these special improvements may have
been charged against your property. Ordinarily, assessments for these kinds of special
improvements are payable in installments over a period of years. If the title opinion does
not report the existence of or the amount of special assessments, you should call the
local Assessor's Office to inquire about any special assessments.
d. Homestead Tax Class cation If you intend to live in the property which you are
purchasing, that is, to make it your homestead, you should apply either at the City
Assessor's Office or the County Assessor's Office for homestead tax classification. You
are advised to make application for "homestead" immediately after you take possession
of the property.
e. Mechanic's and Materialman's Liens If anyone has furnished labor or material to the
property within the last 120 days, and if they have not been paid by the owners of the
property, then it is possible that a lien will be filed against this property. If any labor or
material has been recently furnished to the property, you should satisfy yourself that all
of these items have been paid for by the sellers. You are advised to obtain a "Seller's
Affidavit [Minnesota Uniform Conveyancing Blank Form NO. 116-MJ from Sellers at
closing to address this concern about unrecorded or unfiled liens.
f. Boundaries and Possession The title opinion does not cover an inspection of the
property. You should inspect the property to determine if there are any strangers in
possession of the property. Your inspection should also include locating the boundaries
of the property. You should note the location of any fences, neighboring buildings, roads,
ditches, driveways and utility lines which have not been disclosed through recorded
instrument. If you are in doubt about any of these matters, it will be necessary for you
to employ a registered land surveyor. If a survey is obtained, it should be resubmitted
to this Examiner for examination and possible modification of the Title Opinion.
g. Municipal Reuulations All cities have zoning ordinances and subdivision regulations
which restrict your use of the property. If you intend to build a new structure or enlarge
an existing structure or to change the use of the property (e.g., converting a house to an
office building) you should make inquiry with the local planning and zoning office at
City Hall.
h. Water and Sewer If the sellers have stated that the property is connected to municipal
water and municipal sanitary sewer, these facts should be confirmed by inquiring with
the appropriate City official. If your property is served by a private freshwater well, you
should have the well tested for water quality and capacity. If the property is served by
an on -site sewage disposal system (septic tank and drain field), has the system been
inspected to ensure that it meets the health code? Inquiry should be made with the
Inspections Department at City Hall. Some municipalities restrict the conveyance of the
property which has either a malfunctioning fresh water well or a malfunctioning on -site
sewage disposal system.
i. SOII COnditlons If you are buying land upon which you intend to build a structure, has
the soil been tested to determine the suitability for construction and to determine the
water table?
j. Personal. Property Your purchase of personal property items (appliances, furniture,
garage door openers, etc.) should be covered by a written agreement if it is not already
covered by your Purchase Agreement.
k Personal PropertyLiens or Security Interests Unless you have specifically requested it,
the title opinion does not include a search of other public records to disclose the
existence of liens or security interests in fixtures, crops, or other personal property (e.g.,
major appliances, air conditioners, water softeners, etc.) which may be part of the sale.
H-2
Z Riparian EWhts If you are purchasing lake front or river front property, and if the title
opinion discloses an ordinance, law or regulation which restricts your use of the shoreline
area, you should obtain and read a complete copy of that law. If the Abstract has not
been certified to cover recorded ordinances or regulations, you should make inquiry with
the local zoning authority (township, city or county) as to the existence of ordinances or
regulations affecting your riparian rights.
m. P IItLUnts Unless disclosed in a the title opinion does not cover the existence
of any pollutants, contaminants, adulterants, or hazardous materials on or in the subject
property, as defined by local, state or federal law.
n. Flood Plain The title opinion does not cover an examination of federal, state or local
records concerning the V 00 year flood elevation" You should inspect flood elevation
records and maps either at the local municipal hall or at the county surveyor's office to
determine if any part of the property is within the 100 year flood plain. It may be
necessary for you to consult a registered land surveyor to assist you. Most lenders will
not loan money for the construction or purchase of building s on land which lies within
the 100 year flood plain.
o. Utilities Accounts The title opinion does not cover an investigation s to the paid up
status of the seller's accounts for public utilities and services (water, gas, electricity,
telephone, cable communications, and others.
p. Eminent Domain This title opinion does not cover arty inquiry with federal, state and
local units of government or with public utilities to ascertain the existence of any eminent
domain ("condemnation') proceeding which may affect all or a portion of the title to the
subject property.
q. Wells This title opinion does not cover any inquiry with state and local units of
government as to the existence of any wells on the subject property. MINN. STAT.
§1031.235(1)(b), effective'July 1, 1990, requires sellers to disclose the existence of and
location of all wells on the property.
r. Physical Condition of Structures�pections This title opinion is not an opinion on the
physical condition of any of the structures or improvements constructed on the property.
If you are in doubt about these matters, it will be necessary for you to employ a qualified
inspector. If you are buying an existing structure, is there any evidence of a wet
basement?
H-3
Poet h`' brand MAR 05 192 1 a : 43 OTL EGO7
Fax T . s Mal Memo
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HIP
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From
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LOCafion` Location
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Original pispositian: E] Dostroy Return Cali for pickup
-mr� - --
P�IRCHASE AGREEMENT'
TH1�S AGREEMENT is made and entered into this 15th day of .1anuary, 1992, by
and between Dennis G. Havel and Judith A. Havel, husband and wife, ("Seller"7
and City of Otsego ("Buyerli
WTTNESSETH:
1�HEREAS, Seller is now the fee owner of certain real property situated in
the County of Wright, State of Minnesota, city of Otsego, land and building con-
taining approximately 73,7I acres, more or less, as shown on Exhibit "A" and
legally described on Exhibit "B" attached hereto and made a part hereof
(hereinafter referred to as the "'Property").
NOW
THEREFORE, in consideration of the mutual covenants and conditions
hereinafter expressed, the adequacy and receipt of which is hereby acknowledged,
Buyer and Seller hereby agree as follows:
1. SALE. Buyer agrees to purchase the Property froth Seller, and Seller
agrees to sell the Property to Buyer on the terms and subject to the conditions
set forth.
2. PURCHASE PRICE AND PAYMENT. Buyer agrees to pay the amount of Ore
Hundred Thirty Thousand and no1100 Dollars ($730,000.00)
the
following manner:
("Purchase Price") in
a. Earnest money in the amount of Five Hundred and no/1OO Dollars
($gOO.AO}, receipt of which amount is hereby acknowledged by
Seller. Said earnest money shall be placed in an account mutually
agreeable to both parties; and
b. The payment of One Hundred Twenty-nine Thousand Five Hundred and
nol100 Dollars ($1.29,500.00), cash, on the Date of Closing.
3. DATE OF CLOSING, The date of closing shall be on April 1, 1992, ("Date
of Glosing"), on which date Seller shall deliver a Warranty Deed for the
Page 1
f�1Hf-: �1c '��•� 1=��44 OTF�E�:=tJT04Jt'1:=�HIF' _ P,�: 1�_t
M� �..
Property and such other documentation necessary to close the transaction.
-- Seller agrees .to deliver possession not later than Bate of\Closing.
�. ABSTRACT 0�' TI�'L£. Seller steal T, within a reasonable tune after accep-
Lance of this Agreement, furnish an abstract of title, certified to�date to
include proper searctres covering bankruptcies, state and federal judgments and
liens, and levied and pending special assessments. Buyer shall be allowed
thirty (3C} days after receipt of abstract for examination of title and making
any. objectfions which shall be made in writing or deemed waived. If any ob�ec-�
Lion is so made, Seller shall have thirty �3Q� business days from receipt of
Buyer's written titre ob,�ectians to notify Buyer of Seller`s intention to make
title marketable within 1.24 days from Sei let's. receipt of such written objec-
tiara. If notice is given, payments hereind required shall be postponed pending
correction of title, but upon correction of title and within ten �l�} days after
written notice to Buyer the parties shall perform this Purchase Agreement.
aGCording to its terms. If no such notice is given or if notice is given but
title is not corrected within the: time provided for, the Buyer may (1� cancel
the Purchase Agreement by written notice to Seller and in that event neither
party steall be liable for da�r�ages hereunder to the other, any moneys paid by
Buyer to Seller pursuant to this Agreement shall be refunded to Buyer, and
Buyer and Seller agree to sign a Cancellation of Purchase Agreement or (2} elect
to close subject to all title objections.
5.. tl£fAi{LT. If title is marketable or is .corrected within 3.20 days, pur-
suant to paragraph 5 herein, and Buyer defaults in any of the agreements herein,
Seller may terminate this Agreement, and on such termination all payments made
herein shall be retained by Seller as liquidated damages, time helm of the
essence hereof, This provision shaI1 not deprive either party of the right of
enforcing the specific perfarmartce of this Agreement, provided this Agreement is
Page 2
Page �
Page �
A. S@tt�@f11@ilt Statement U.S. Department of Housing
and Urban Development
Sherburne Cty Abst. & Title Co
OMB No. 2502-0265
B_ T e of Loan
1. ❑FHA 2. ❑ FmHA 3. ❑ Conv. Unins.
4. ❑ VA 5_ ❑Conv. Ins.
6. File Number
10207
7, loan Number
8. Mortg
a Insurance Case Number
C. Note: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the sett)
shown. Items marked "(p.o.c.)" were paid outside the closing; they are shown here for informational purpo
included in the totals.
ment agent are
sand are not
D. Name and Address of Borrower
The City of Otsego
13474 NE 95th St.
Otsego, MN 55330
E. Name and Address of Seller
Dennis G. Havel
Judith A. Havel
10415 Cain Road
Corcoran, MN 55374
F. Name and Address of Lerjder
G.PrapertyLocation
XXX Nashua Avenue
Otsego, MN 55374
Wright County, MN
Pt.Nl/2 of the NW 1/4 20-121-23
H.SettlementAgent Sherburne County Abstract
& Title Co.
Place of Settlement
317 King Ave.
Elk River, MN 55330
I. Settlement Date
4/ 1/92
J. Summa of Borrower's Transaction
K. Summa of Seller's Transaction
100. Gross Amount Due From Borrower
101. Contract sales rice 13 0 , 0 0 0.0 0
400. Gross Amount Due To Seller
401. ConVact sales rice 13 0 , 0 0 0.0 0
102. Personal roe
103. Settlement char es to borrower line 1400
15.00
402. Personal ro e
403. 1992 R. E . Tax 4-lthru 12-31-92
612.37
104. 1992 R.E. Tax 4-1 thrul2-31-92
612.37
404,
105.
405-
Ad'ustments for items aid b seller in advance
Ad"ustments for items aid b seller in advance
106. Ci /town taxes to
406. Ci /town taxes to
107. Coun taxes to
407. Coun taxes to
108. Assessments to
408. Assessments to
109.
409.
110.
410.
111_
411.
112_
412.
120. Gross Amount Due From Borrower
130, 627.37
420. Gross Amount Due To Seller
130, 612.37
200. Amounts Paid B Or In Behalf Of Borrower
500. Reductions In Amount Due To Seller
201. De osit or earnest mone
50 0.00
501. Excess de osit see insVuctions
202. Princi al amount of new loans
502. Settlement char es to seller line 1400
8 , 9 63.81
203. Existin loan s taken sub'ect to
503. Existin loans taken sub'ect to
204. prepaid Application Fees
504. Pa off of first mort a e loan
205.
505. Pa off of second mort a e loan
206.
506. C/D Payoff to Raymond Slavik
62, 547.82
207.
507. 1992 Real Estate Taxes
1, 808.98
208.
508.
209.
509.
Ad"ustments for items un aid b seller
Ad'ustments for items un aid b seller
210. Ci /town taxes to
510. Ci /town taxes to
211. Coun taxes to
511. Coun taxes to
212. Assessments to
512. Assessments to
213.
513.
214.
514.
215.
515.
216.
516.
217.
517.
218.
518.
219.
519.
220. Total Paid By/For Borrower
500.00
520. Total Reduction Amount Due Seller
73, 320.61
300. Cash At Settlement From/To Borrower
600. Cash At Settlement To/From Seller
301. Gross amount due from borrower line 120
130, 627.37
601. Gross amount due to seller line 420 �
130, 612.37
302. Less amounts aid b /for borrower line 220
500.00
602. Less reductions in amt. due seller line 520
73, 320 . 61
303. Cash ®From ❑ To Borrower
130, 127.37
603. Cash �]TO ❑From Seller
57, 291.76
Previous Edition is Obsolete Page 1 of 2 RESPA, HB 4305.2; HUD-t REV. (8/86)
DCM0005 Initials) FIRST DATA SYSTEMS, INC. 1-800-626.5427
(AMR No 2.502-0265
L. Settlement Charges
700. Total Sales/Broker's Commission based on° rice$ 130 r 000.00@ 5.5000 %= 7 15u.00 Paid From Paid From
Division of Commission line 700 as follows: Borrower's Seller's
701. $ 7 r 150.00 to Century 21 Christian Realty Funds at Funds at
Settlement Settlement
702_ $ to
703,Commission paid at Settlement
7 150.00
704.
$00. Items Payable In Connection With Loan
801. Loan Origination Fee %
802_ Loan Discount %
803_ Appraisal Fee to
804. Credit Report to
805. Lender's Inspection Fee to
806. Mortgage Insurance Application Fee to
807. Assumption Fee to
808.
809.
810_
811,
900. Items Required By Lender To Be Paid In Advance
901. Interest from to @ $ /da
902_ Mortgage Insurance Premium for months to
903. Hazard Insurance Premium for years to
904. Flood Insurance Premium for years to
905.
1000. Reserves Deposited With Lender
1001. Hazard insurance months @ $ per month
1002. Mortgage insurance months @ $
per month
1003. City roe taxes months @ $ per month
1004. County property taxes months @ $
per month
1005. Annual Assessments months @ $
per month
1006. Flood Insurance months @ $
per month
1007. months @ $
per month
1008. months @ $
per month
1009. months @ $
per month
1010. months @ $ per month
1100. Title Charges
1101_Settlement orclosing fee to Sherburne CountV Abstract & Title Co.
l50.00
1102. Abstract or title search to Sherburne CountV Abstract & Title Co.
48.50
1103. Title examination to
1104. Title insurance binder to
1105. Document preparation to
1106. Notary fees to
1107. Attorne 's fees to
includes above item numbers:
1108_ Title insurance to Sherburne County Abstract & Title Co.
includes above item numbers:
1109. Lender's coverage $
1110. Owner's coverage $
1111. Name Searches to Sherburne County Abstract & Title Co.
1112. Plat Drawing to Sherburne County Abstract & Title Co.
1113. Special Assessment Search to Sherburne County Abstract & Title Co.
25.00
1200. Government Recording and Transfer Charges
1201. Recording fees: Deed $ 15.0 0 ; Mortgage $ ; Releases $ 15.0 0
15.0 0
15.0 0
1202. City/county tax/stamps: Deed $ ; Mortgage $
1203. State tax/stamps: Deed $ 434,00 ; Mortgage $
434000
1204. Recording Deed Restriction to Wricfht County Recorder
15.00
1205_
1300. Additional Settlement Charges
1301. Survey to
1302. Pest Inspection to
1303. Well Disclosure to County Recorder
1304. Green Acres for Past 3 years to Wright County Auditor
1 126.31
1305,
1400. Total Settlement Charges (enter on lines 103, Section J and 502, Section K)
15.00
8, 963.81
I have carefully reviewed the HUD-1 Settlement Statement and to the best of my knowledge and
belief, it is a true and accurate statement of all receipts and disbursements made on my account
or by me in this transaction. I further certify th I have receivedia cop of HUD-1 Settlement
Statement.
Thee4Aty of Otsego-..
By if If
` In s . Hat A. HaveTo he bestor my knowledge, the HUD-1 Settlementatement which I have prepared is a true and
accurate account of the funds which were rece' d and have been or will be disbursed by the
undersigned as part of the leme f h' ransaction. /�
Settlement Ag�rt Date
WARNING: It is a crime to kno gly e fa statements to the United States on this or any
other similar form. Penalties upon convict on can include a fine or imprisonment. For details
see: Title 18 U.S. Code Section 1001 and Section 1010.
DCM0006 HUD-1, PAGE 2 REV. (8186)
OTSEGO, MINNESOTA
ZONING /SUBDIVISION REQUEST
STATE OF MINNESOTA NOT COUNTY OFWR O 1GH`r R M CITY OF OTSEGO
DATE: January Z1, 1992
PROPERTY: PID # 118-500-202100 -The North Half of the Northwest Quarter of
Section 20, Townshi 121 Rangg 23, Nright Count , Minn sots. Containing
AP1CA�Rrect �o public right of ways r.d su �ect to easements of
record.
Dennis G. Havel
10415 Cain Road
Rogers, MN, 55374
REQUESTISI & ACTION:
Subdivision'of a 5.59 Acre parcel from a 79.3 acr• parcel in AG-2 Zoned
land. City Council of Otsego approved this rsquest on 12/18/91 with the
conditions listed herein.
ACTION DATE: 12/18/91
CONDITION SUMMARY:
(See Reverse Side)
APPLICANTS NOTE: Any request involving a conditional ust permit or variance,ia,st
be exercised within twelve months from the d•tt of •pproval,4r the approval will lapse. 1f • time txt•nsion is necgs/ . I I .'.
the applicant's responsibility to (i10 !or such tzEansi'onoat;l '�{t
30 days prior to the lapse of •ppror•1, r,. ,
NOTICE PREPARED BY:151
'C.�'�/i,;
nine Beatty, City of 0 t13474 95�Pf1•;Si fiver
L �T S'q�R o Minnesota SS30 7, 1:�
u scpii�ed"A C s�of'ti �st�C TY ASSES R, CITY PLARmER, PROpERTY'•iJLf. •.•
t s 29TH da f Jan 1992)1 TURN TO: .•
YY OF OTSEGO
1347444 9M ST.
OTWO06 AN 35-M
0
SL**MY CONDITIONS:
1. The proposed ordinance amendment be adopted which would allow for
the existence of up to ten (10) acres residential properties through
conditional use permit as part of the one per quarter -quarter section
division in the A-2 zoning distxict of the City. (is adopted)
2. The a licant file a deed restriction with the County Recorder
prohibiting further subdivision of the subject property.
3. The location of the existing water well and subsequent Chang
ure
in Nashua Avenue r ght-of-way be shdwn on the certificate of
survey. (is shown
4. The location of the septic drainfield be included on the submitted
certificate of survey and reviewed by the City Engineer. (is included)
S. The proposed subdivision be subject to appropriate park and trail
dedication requirements as determined by the City. (is paid)
500335
� ? J,":12) 1::1-' 18
/Z/�
415-f0,
Transfer Emend tJus.��ilday of
(, !,a
County Audi
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DATE
ACCOUNT NUMBER
DESCRIPTION:
MORTGAGEE
Certified/Levied
Improvement
DATE NEEDED ;�' `` ORDER NO.
CLOSER REGISTERED LAND ❑ ABSTRACT OF TITLE ❑ `� ��'- ' l
OWNER'S ❑ ATA ❑ CUSTOMER REF. D
4F )IS/�So0-�-2bZtO
Balance due City
if paid by LOZ
Amount to be y�� /Jc �Q
collected with ' / taxes
City or Village of
Pending Improvement
Current Status of Improvement
Estimated Cost
Parcel Number ZY 5 0 Q
-Z `lam
qe
SNERBURNE COUNTY ABSTRACT
& TITLE CO.
317 King Avenue, Elk River, MN 55330
(612) 441-3280
SPECIAL ASSESSMENT SEARCH
Minnesota Uniform Conveyancing Blanks (1978)
Miller -Davis Co., Minneapolis
Form No, 3-M—WARRAiUTY DEED
individualls) to Corporation
or Partnership
No delinquent taxes and transfer entered; Certificate
of Real Estate Value ( )filed ( )not required
Certificate of Real Estate Value No.
,19
County Auditor
by
Deputy
STATE DEED TAX DUE HEREON: $ 429.00
Date :
1
FOR VALUABLE CONSIDERATION,
19 92
1�evewi� 6. Havel and Jcedi�h
marital status)
�_'.
Grantor (s),
hereby convey (s) and warrant (s) to The C,cty o� 0�1 eGo
Grantee,
a
real property in
under the laws of ,
(O�ri.gh� County, Minnesota, described as follows:
The Nanth Ha,e� o{� the Na�hwe3� 2uahtetc a� Sec ti.ovc 20, Towyush.L� 121, Ravi.ge 23,
lV}ri.ght Coci�,ty, M�.nne3a�a, exee�� the South 350.00 {eet o� the �a�5� G9G.03 feet
o{� �cr,%d Na�rth Hae{� a{y the Nahthwe�� 2ua�I,tetc.
Caititct,%vr,<.ng 73.71 ac�ceb
(if more space is needed, continue on back)
together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions:
Subject �a ea�semen�.1, tc.e�5�tci,e�i.alvS and ne3eJevc�i.ovi� a{ neea�c.d, �.{� an.y.
�enitit� 6. Hav ee
Affirm Deed Tax Stalnp Ile;re
Juddth A. Hav ee
STATE OF MINNESOTA
ss.
COUNTY OF w't'i��
The foregoing instrument was acknowledged before me this 1 �� day of
aenn,(�5 G. Have,2 avid Jud,�h A. Havel,
bhwsband and w�.{, e
- _ __
NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK)
THIS INSTRUMENT WAS DRAFTED BY (NAME AND ADDRESS):
She�I.butcn.e Caccwiy A6�5�ra.ct � T�itee Co.
317 King Ave. �
�.� (z R-�v eh., MN 5 5 3 3 0 i
Aptu.2
,1992,
Grantor (s).
SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT
Tax Statements Yor the real DroDerty described in this instrument should
be sent to (Include name and address of Grantee):
C,%ty a� v�sego
13474 N� 95�h Street
v�ego, MN 55330
Tax I� # 118-500-202100
State of Minnesota,
County of
w�.g h�
SS.
Affidavit Regarding Sellers)
�enn� G. Havee and Jud-ith A. ffavee, husband and w�.�e
being first duly sworn, on oath says) that:
19 _9_2and filed for record —
(or in Book of
Recorder) (F(�.i(�(rXQ(�iXp�,�) of
the persons) named as
in the document dated �
Gtcavr�otus
i,2 1
19 —, as Document No
Page ) in the Office of the (County
wh�[�h�" County, Minnesota.
2. Sai�1 per on(s) (is ( e) o I al a e and unde n le al disability with place of businesses) (respectively) at
�ennv5• �wn�c o� �av �cca�a�c.ng tin. �a�eca�.an
u wneJc o av xcav ng tin onca n
and for the last ten years (has) (have) resided at:
1041 S Ca�.n Road, Cancanan, N{N 55374 ) 0 yearns
3. There have been no:
a. Bankruptcy, divorce or dissolution proceedings involving said persons) during the time said persons)
(have) {has) had any interest in the premises described in the above document ("'Premises"");
b. Unsatisfied judgments of record against said persons) nor any actions pending in any courts, which affect
the Premises:
c. Tax liens against said person(s);
except as herein stated:
4. Any bankruptcy, divorce or dissolution proceedings of record against parties with the same or similar names,
during the time period in which the above named persons) (has) (have) had any interest in the Premises, are not
against the above named person(s).
5. Any judgments, or tax liens of record against parties with the same or similar names are not against the above
named person(s).
6. There has been no labor or materials furnished to the Premises for which payment has not been made.
7_ There are no unrecorded contracts, leases, easements, or other agreements or interests relating to the Premises
except as stated herein:
8. There are no persons in possession of any portion of the Premises other than pursuant to a recorded document
except as stated herein:
9. There are no encroachments or boundary line questions affecting the Premises of which Affiant(s) (has) (have)
knowledge.
Affiant(s) knows) the matters herein stated are true and makes) this Affidavit for the purpose of inducing the
passing of title to the Premises.
Subscribed and sworn to before me
this 1 �� day of A�rrte 19 92
SIGNATURE OF NOTARY PUBLIC OR OTHER OFFICIAL
NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK)
enn.us av
THIS INSTRUMENT WAS DRAFTED BY (NAME AND ADDRESS(:
She�cburcne County Ab��cac� � T-%�e Co.
317 K�.ng Ave.
�2(z R-i.vetc, MN 55330
TIM '135 2/85 (704)
Minnesota Uniform Conveyancing Blanks (197Rt
Miller -Davis Co.. Minneapolis
Form No.5-M—WARRANTY DEED
I ndividuel (s) to Joint Tenants
No delinquent taxes and transfer entered; Certificate
of Real Estate Value ( )filed ( )not required
Certificate of Real Estate Value No.
,19
County Auditor
by
STATE DEED TAX DUE HEREON: $
Date
A��r�2 1
FOR VALUABLE CONSIDERATION,
husband and w�.f e
396.00
92
,19
nd F. S.2av�.fz and Nancy A. S2av�.(z,
hereby convey (s) and warrant (s) to f�enn�ty5 G. Have,2
tenants, real property in ��-
Grantor (s),
tal
Grantees as joint
County, Minnesota, described as follows:
The Nosh Ha.�U o� the Nonthwe�s� Quatr�eh oU Sec�.on 20, Tawn�h.�}� 121, Range 23,
(fin fight County, M�.nne�sa�a.
(if more space is needed, continue on back)
together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions:
Sub9ect �a ea�semei�s, neJS�Juct%avus and ne�e�cva�:i.an�5 0{ necand, -�{� any.
Raymand F. S�2av�.fz
Nancy A. S.�avti(2
.STATE OF MINNESOTA
ss.
COUNTY OF ��-g�
The foregoing instrument was acknowledged before me this 1�� day of ��� , 19 92 ,
by Raymand �. S.�av�.fz and Nancy A. S.2av�ifz _
husband and w�.{� e ,Grantor (s).
NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK)
SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT
I�THIS INSTRUMENT WAS DRAFTED BY (NAME AND ADDRESS)
She�Ibunne Ca(cn�y Ab��cac� � T-i�t.2e Ca.
31 � K�.ng Ave.
� E.�(z Rtivetc, MN �5330
Tax Statements for the real DzoDerty described in this instrument should
be sent to (Include name and address of Grantee):
Senn-U5 G. Havee
10415 Ca�.n Raad
Cancanan, MN 55374
Tax Ia# 118-500-202100
State of Minnesota,
County of
��9� � SS. Affidavit Regarding Sellers)
Raymond �. S2v-�� and Nancy A. S2av"iFz, hcusbav�d and w�.Ue
being first duly sworn, on oath says) that:
19 —, and filed for record —
(or in Book of
Recorder) (Bt.i<i�1UG•f..�tK�C�Q of
the persons) named as Gna.n�ohJS
in the document dated ���-P 1, 1992
19 _, as Document No. ,
Page ) in the Office of the (County
County, Minnesota.
?R Said�erson(s) (is) (are) of legal age and under no legal disability with place of businesses) (respectively) at
aymon.
Nance:
and for the last ten years (has) (have) resided at:
7054 t_aBeaux Ave. N�, A�behtv.�,P�e, MN 55301
3. There have been no:
a. Bankruptcy, divorce or dissolution proceedings involving said persons) during the time said persons)
(have) (has) had any interest in the premises described in the above document (""Premises"");
b_ Unsatisfied judgments of record against said persons) nor any actions pending in any courts, which affect
the Premises:
c. Tax liens against said person(s);
except as herein stated:
4. Any bankruptcy, divorce or dissolution proceedings of record against parties with the same or similar names,
during the time period in which the above named persons) (has) (have) had any interest in the Premises, -are not
against the above named person(s).
5. Any judgments, or tax liens of record against parties with the same or similar names are not against the above
named person(s).
6. There has been no labor or materials furnished to the Premises for which payment has not been made.
7. There are no unrecorded contracts, leases, easements, or other agreements or interests relating to the Premises
except as stated herein:
8. There are no persons in possession of any portion of the Premises other than pursuant to a recorded document
except as stated herein:
9. There are no encroachments or boundary line questions affecting the Premises of which Affiant(s) (has) (have)
knowledge.
Affiant(s) knows) the matters herein stated are true and makes) this Affidavit for the purpose of inducing the
passing of title to the Premises.
Subscribed and sworn to before me
this 1d� day of Q n� 19 �
SIGNATURE OF NOTARY PUBLIC OR OTHER OFFICIAL
NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK}
THIS INSTRUMENT WAS DRAFTED BY (NAME AND ADDR ESS�:
She�r.butcvice Couv�ty A6�5�Jca.c� � T�tke Co.
317 K�.vcg Ave.
�.elz Rtivelc, MN 55330
TIM '135 2/85 (704)
(IAAR Nn �sm_mFF
L. Settlement Charges _
700. Total Sales/Broker's Commission basedo�i rice$ 130 000 .00@ 5. 5000 �_ $7 ISO .00 Paid From Paid From
Division of Commission line 700 as follows: Borrower's Seller's
701. $ 7 150 . 00 to Centur 21 Christian Realt Funds at Funds at
702. $ to Settlement Settlement
703. Commission aid at Settlement
7 150 . 00
704.
800. Items Pa able In Connection With Loan
801 _Loan Ori ination Fee
802. Loan Discount
803. A raisal Fee to
804. Credit Re ort to
805. Lender's Ins ection Fee to
806. Mort a e Insurance A lication Fee to
807. Assum tion Fee to
808.
809.
810.
811.
900. Items Re wired B Lender To Be Paid In Advance
901. Interest from to @ $ /da
902. Mort a e Insurance Premium for months to
903. Hazard Insurance Premium for ears to
904. Flood Insurance Premium for ears to
905.
1000. Reserves De osited With Lender
1001. Hazard insurance months @ $ er month
1002. Mort a e insurance months @ $ er month
1003_ Ci roe taxes months @ $
er month
1004. Coun ro er taxes months @ $
er month
1005. Annual Assessments months @ $
er month
1006. Flood Insurance months @ $
er month
1007. months @ $
er month
1008. months @ $
er month
1009. months @ $
er month
1010. months @ $ er month
1100. Title Char es
1 t01. Settlement or closin fee to Sherburne Count Abstract & Title Co _
150 . 00
1102. Abstract or title search to Sherburne Count Abstract & Title Co .
48 . 50
1103. Title examination to
1104. Title insurance binder to
1105. Document re aration to
1106. Nota fees to
1107. Attorne 's fees to
includes above item numbers:
1108. Title insurance to Sherburne Count Abstract & Title Co_
includes above item numbers:
1109. Lender's covera e $
1110. Owner's covers e $
1111. Name Searches to Sherburne Count Abstract & Title Co_
1112. Plat Drawin to Sherburne Count Abstract & Title Co.
1113. S ecial Assessment Search to Sherburne Count Abstract & Title Co.
25.00
1200. Government Recordin and Transfer Char es
1201. Recordin fees: Deed $ 15.0 0 ; Mort a e $ ;Releases $ 15 .0 0
15. 0 0
15.0 0
1202. Ci /coun tax/stam s: Deed $ ; Mort a e $
1203. State tax/stam s: Deed $ 4 3 4. 0 0 ; Mort a e$
4 3 4 .0 0
1204.
1205.
1300. Additional Settlement Char es
1301. Surve to
1302. Pest Ins ection to
1303. Well Disclosure to Count Recorder
1304. Green Acres for Past 3 ears to Wri ht Count Auditor
2 252.62
1305.
1400. Total Settlement Charges (enter on lines 103, Section J and 502, Section K)
15.00
10, 075.12
I have carefully reviewed the HUD-1 Settlement Statement and to the best of my knowledge and
belief, it is a true and accurate statement of all receipts and disbursements made on my account
or by me in this transaction. I further certify that I have received a copy of HUD-1 Settlement
Statement.
The City of Otsego
BY=
Dennis G. Have
Ju it A. Have
To the best of my knowledge, the HUD-1 Settlement Statement which I have prepared is a true and
accurate account of the funds which were received and have been or will be disbursed by the
undersigned as part of the settlement of this transaction.
Settlement Agent Date
WARNING_ It is a crime to knowingly make false statements to the United States on this or any
other similar form. Penalties upon conviction can include a fine or imprisonment. For details
see: Title 18 U.S. Code Section 1001 and Section 1010.
DCM0006
HUD-1, PAGE 2 REV. (8/86)
AGREEMENT
Date: Aplcie 17 1992
Buyers: The City o6 Ow ego
sellers: Denn z G. Havet and Judith A. Have.
Address: XXX Nashua Ave., Otsego, MN 55330
Legal Description: The Nonth HaZ6 othe NoAthwelst QuanteA o{ Section 20, Towv1ship 121,
Range 23, Wxi.ght County, Minnezota, except the South 350 beet o6 the East 696.03
)eet o6 the Noxth Hatt o4 the No) thwat Qua,,teA, o{ Section 20, Town�ship121, Range 23
Buyers and Sellers hereby understand and agree that the taxes payable in the
year 1992 are not yet available at this time. Both Buyers and Sellers agree
to use the estimated figure from the County Assessor for the 1992 taxes in the
amount of $ 818.74 for the proration of the 1992 taxes.
Buyers and Sellers understand there will be no adjustments later on these
taxes these figures are final.
Buyers and Sellers agree to the above.
The City oU Otsego
------------------------------------ --
Buyer
Buyer
Seller
Seller
----------------------------
�enniJs G. Have.2
----------------------------
Judith A. Have.2
MINNESOTA
TITLE /��
TIM Form 3120
SHERBURNE COUNTY ABSTRACT & TITLE CO,
PAT RASMUSSON
PRESIDENT
CATHY BAILEY
SECJTREAS,
BONI CULLEN
MANAGER
State of Minnesota)
) s.s.
County of W) i.ght )
Sherburner?tZ' bosbtra teo Title Co. File Number:
10207
Buyer: tt (
seller: aenn.t/S G. Have. an Ju A. Have.
Address: XXX Nays ua Ave., Usego, MN 55330
Legal Description:
The Notcth Ha,e{� a{� the No�thwe�� Quante�c o� See�,i,on 20, Tawv�sGup 121,
Range 23, W i,ght County, Minnesota, except the South 350.00 feet o{ the
.azt 696.03 eet of /Sa,i_d Noxth Hat o{) the Nonthwmt QuanteA o6 Section
20, Towri�Ship 121, Range 23, WA ght County, Minnesota.
Sherburne County Abstract & Title Co. Compliance Agreement:
The undersigned purchasers and sellers, in consideration of Sherburne County
Abstract & Title Co., disbursing funds for the closing of property located at:
XXX Nashua Ave., Otsego, MN 55330 agrees,
if requested by Sherburne County Abstract & Title Co. to fully cooperate and
adjust for clerical errors, any and all title documentation necessary or
desirable in the reasonable discretion of Sherburne County Abstract & Title Cc
The undersigned purchasers and sellers,
by Sherburne County Abstract & Title Co.
agree to comply with all noted request
within 30 days from date of mailing
said request. Buyers and Sellers agree to assume all costs including, by way
of illustration and not limitation, actual expenses, legal fees for failing to
comply with correction requests in the above noted time period.
Sellers Denwus G. Hav
sellers Judith A. Have.e
Subscribed and sworn to before me this
Notary Public
My commission Expires: Sept. 3, 1992
The City aOt�Sego
Buyers
1�5t day of Apn,�2 , 1992
317 KING AVENUE, ELK RIVER, MINNESOTA 55330 • (612) 4413280
irrirfifeao/�tSr
M�T/Y
Affiliated with American Land Title Association
A. S@tt�E:l'Y1BI'lt StBt@Rleflt U.S. Department of Housing •
and Urban Development
Sherburne Cty Abst. & Title Co
OMB No. 2502-0265
8. T e of Loan
1. ❑FHA 2. ❑ FmHA 3. ❑ Conv. Unins.
4. ❑ VA 5. ❑Conv. Ins.
6. File Number
10207
7. Loan Number
8. Mortgage Insurance Case Number
C. Note: This form is furnished to give you a
shown. Items marked "(p.o.c.)" were
inGuded in the totals.
statement of actual settlement costs. Amounts paid to and by the settlement agent are
paid outside the closing; they are shown here for informational purposes and are not
D. Name and Address of Borrower
The City of Otsego
13474 NE 95th St.
Otsego, MN 55330
E. Name and Address of Seller
Dennis G. Havel
Judith A. Havel
10415 Cain Road
Corcoran, MN 55374
F. Name and Address of Lender
G.PropertyLoption
XXX Nashua Avenue
Otsego, MN 55374
Wright County, MN
Pt.Nl/2 of the NW 1/4 20-121-23
H.SettlementAgent Sherburne County Abstract
& Title Co.
PlaceoiSettlement
317 King Ave_
Elk River, MN 55330
I.SattlementDate
4/ 1/92
J. Summa of Borrower's Transaction
K. Summa of Seller's Transaction
100. Gross Amount Due From Borrower
400.
Gross Amount Due To Seller
101. Contract sales rice
13 0 , 0 0 0.0 0
401.
Contract sales rice
13
0 , 0 0 0.0 0
102. Personal ro ert
402.
Personal ro e
103. Settlement char es to borrower line 1400
15. 00
403.
1992 R. E . Tax 4-lthru 12-31-92
612 .37
104_ 1992 R.E. Tax 4-1 thrul2-31-92
612.37
404.
105.
405.
Ad'ustments for items aid b seller in advance
Ad-ustments for items aid b seller in advance
106. Ci /town taxes to
406.
Cit /town taxes to
107. Coun taxes to
407.
Coun taxes to
108. Assessments to
408_
Assessments to
109_
409.
110.
410.
111.
411.
112.
412.
120. Gross Amount Due From Borrower
130, 627. 37
420.
Gross Amount Due To Seller
130,
612.37
200. Amounts Paid B Or In Behalf Of Borrower
500.
Reductions In Amount Due To Seller
201. De osit or earnest mone
500.00
501.
Excess de osit see instructions
202. Princi al amount of new loans
502.
Settlement char es to seller line 1400
10, 075 . 12
203. Existin loans taken sub�ect to
503.
Exisiin loans taken sub'ect to
204. Prepaid Application Fees
504.
Pa off of first mort a e loan
205.
505.
Pa off of second mort a e loan
206.
506.
207.
507.
1992 Real Estate Taxes
1, 808. 98
208.
508.
209.
509.
Ad'ustments for items un aid b seller
Ad-ustments for items un aid b seller
210_ Ci /town taxes to
510.
Cit /town taxes to
2i 1 _Coun taxes to
511.
Coun taxes to
212. Assessments to
512.
Assessments to
213.
513.
214.
514.
215.
515.
216.
516.
217.
517.
218.
518.
219.
519.
220. Total Paid By/For Borrower
500.00
520.
Total Reduction Amount Due Seller
300. Cash At Settlement From/To Borrower
600.
Cash At Settlement To/From Seller
_ _
301. Gross amount due from borrower line 120
130, 627 . 37
601.
Gross amount due to seller line 420
302. Less amounts aid b /for borrower line 220
500 . 00
602.
Less reductions in amt. due seller line 520
303. Cash ®From ❑ To Borrower
130, 127 . 37
603.
Cash ®To ❑From Seller
Previous Editbn is Obsolete
DCM0005 Initials)
Page t of 2
FIRST DATA SYSTEMS, INC.
RESPA. HB 4305.2; HUD-1 Htv. (F1/tlti)
1-800-626-5427
Minnesota Uniform Conveyancing Blanks (1978)
Miller -Davis Co., Minneapolis
Form No.5WM WARRANTY DEED
Individual (s) to Joint Tenants
No delinquent taxes and transfer entered; Certificate
of Real Estate Value ( ) filed ( ) not required
Certificate of Real Estate Value No.
,19
County Auditor
by
Deputy
STATE DEED TAX DUE HEREON: $ 396.00
Ap �t 1 92
Date: , 19
FOR VALUABLE CONSIDERATION, Raymond F. SQav ch and Nancy A. Slav i �i,
hu,6band and wi i e , Grantor (s),
(marital status)
hereby convey (s) and warrant (s) to
tenants, real property in
Denn.il G. Have.2
Grantees as joint
County, Minnesota, described as follows:
The North Ha�{� o� the Nonthwe�� Quatrten o� See�t.on 20, Towlvsh,%� 121, Range 23,
W i.ghi County, Minnaota.
(if more space is needed, continue on back)
together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions:
Subject to easements, /%uttr i.c ti_on/s and h.el envation/s onecond, i any.
'� ffi:� 1)�c�� '� aX Stam�� llel•e
.STATE OF MINNESOTA
COUNTY OF Wight ss.
The foregoing instrument was acknowledged before me this 1 �� day of
by Raymond F. S.Pav;fz and Nancy A. S2av�.Fz
husband and w�cte
?�bTARIAL STAMP OR SEAL (OR OTHER TITLE OR ANK)
s.'JTARY PUE;HC-=441NR�F. OTA
air-SHEMBU6•tM UUU14TY
'icy Cummission Expires Sept 3,1992
THIS INSTRUMENT WAS DRAFTED BY (NAME AND ADDRESS):
Shenbutcne County Abdttea.e� � T-it.2e Co.
317 King Ave.
Etk R%ven, MN 55330
SIGNATU$E OF
Grantor (s).
Tax Statements for the real pxoDerty described in this instrument should
be sent to (Include name and address of Grantee):
�enniJ G. Have2
1041� Cain Raad
Conco}ca.n, MN 55374
Tax ID# 118-500-202100
Minnesota Uniform Conveyancing Blanks (1978)
Miller -Davis Co., Minneapolis
Norm No. d-M—VVAHKAN I Y UEEU
Individual (s) to Corporation
or Partnership
No delinquent taxes and transfer entered; Certificate
of Real Estate Value ( ) filed ( ) not required
Certificate of Real Estate Value No.
,19
County Auditor
by
Deputy
STATE DEED TAX DUE HEREON: $
429.00
Date: AptLf� 1 , 19 9 2
FOR VALUABLE CONSIDERATION, �ennus G. tlave.2 and Judith A. Have.2,
husband and wi4 e , Grantor (s),
status►
hereby convey (s) and warrant (s) to The C-(.tU o� (J�1 ego
, Grantee,
a Municipal Corporation under the laws of The State • of Minnesota ,
real property in WA gh t County, Minnesota, described as follows:
The Notrth t1a,QU a� the Not(,thwe�� Quahten o� See�,i.on 20, Towivshtip 121, Range 23,
W)Li.ght County, Minnuota, except the South 350.00 •fleet othe East 696.03 heet
o4 za i.d North Na A of the Non thweSt QuaAten.
Conta,i.ni.ng 73.71 ach.e�s
The Se•P�2en ee�b�.e�s that the Se.22etr. dae� not iZnow o{y any we.P.P�s on the de�sehi.bed
nea e pnLU JJ tya (if more space is needed, continue on back)
together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions:
Subject to eazement�5, nQJstA,%cti.oivs and neSetcvati.ory o{y &econd, i� any.
�enniJ G. Have.2
Jud-ith A. Hav e.2
STATE OF MINNESOTA
COUNTY OF ght
ss.
The foregoing instrument was acknowledged before me this 1 �'� day of
VennII' s G. Have2 and Judith A. Have,
ARIAL STAMP OR SEA.I�(OR; MIf,�W OR RA
Ili '✓:��'Lt �+�F`i'6 '4�ij r<,7��L .'!'r• ,A
z .�RBUF; E °.;QUM1lT
i:9Y _uri ilisZion Expires'epi 3< ��� y
1410
THIS INSTRUMENT WAS DRAFTED BY (NAME AND ADDRESS):
ShenbuAne County Ab.Stnaei 9 T-itee Co.
317 K�,ng Ave.
Eth Riven, MN 55330
Aptue
Grantor (s).
Tax Statements for the real DroDertY desczibed in this instrument should
be sent to (Include name and address of Grantee):
City o� �� ego
13474 N� 95th S�r.eet
D�sego, MN 55330
Tax ID # 118-500-202100
SHERBURNE COUNTY ABSTRACT & TITLE CO.
Al KASMUaWN
PRESIDENT
CATHY BAILEY
SECJTREAS.
BONI CULLEN
MANAGER
State of Minnesota)
) s.s.
County of WAight )
Sherburne ourety Abstr�ct� Title Co. File Number: 10207
Buyer: e t Zty o� U e g
seller: Dennis G. Havee and Judith A. Have.2
Address: XXX Nags ua Ave., Owego, MN 55330
Legal Description:
The North Ha,2� a{y the Na�rthwe�s� Quatr�en ob Secti_on 20, Tow�vshi.p 121,
Range 23, WAight County, Minnesota., except the South 350.00 fleet oA the
�a/st 696.03 e.et ozaid North Hatt o{y the Noxthwat QuaAte>z oA Section
20, Town,6h ip 121, Range 23, WItight ght County, Minnesota.
Sherburne County Abstract & Title Co. Compliance Agreement:
The undersigned purchasers and sellers, in consideration of Sherburne County
Abstract & Title Co., disbursing funds for the closing of property located at:
XXX Nashua Ave., Otsego, MN 55330 agrees,
if requested by Sherburne County Abstract & Title Co. to fully cooperate and
adjust for clerical errors, any and all title documentation necessary or
desirable in the reasonable discretion of Sherburne County Abstract & Title Cc
,
The undersigned purchasers and sell
ers,
by Sherburne County Abstract & Title Co.
said request. Buyers and Sellers agree
of illustration and not lim tation, actual
compfv with correction reqults in the a
sel]�ers Judith A. Havee
Subscribed and
Notary P}�151ic
to b�6re me this
My commission Expires: Sept. 3, 1992
agree to comply with all noted request'
within 30 days from date of mailing
to assume all costs including, by way
expenses, legal fees for failing to
Bove noted time period.
The City o� Owego
Buyers
V� �' .�
Buyers BY
A
1 �St day o Aptra , 1992
317 KING AVENUE, ELK RIVER, MINNESOTA 55330--
• (612) 441-3280
rr•iisrseaota --.
MLTA
Affiliated with American land Title Association
Title Insurance Company of Minnesota
400 Second Avenue South
Minneapolis, Minnesota 55401
612/371 1111
1/800/328 4441
ADDENDUM TO CONTRACT FOR RESIDENTIAL REAL ESTATE CLOSING SERVICES
Seller: vvnrlw s G. Havel and Judith A. Havel
Buyer: The C-%iy o� Otsego
Property Identified As: XXX Nashua Ave., Ot6ego, MN
Date: APB 1, 1992
File No.: 10207
55330
That pan of the � Settlement Statement ❑
to which this Addendum is attached which states a charge for closing services payable to Minnesota
Title or its authorized agent is your written contract for closing services with Minnesota Title or its
authorized agent
Minnesota law (M.S.A. 507.45, subd. 31a)) requires that the following notice be stated:
"THE REAL ESTATE BROKER, REAL ESTATE SALESPERSON, OR REAL
ESTATE CLOSING AGENT HAS NOT AND, UNDER APPLICABLE STATE LAW,
MAY NOT EXPRESS OPINIONS REGARDING THE LEGAL EFFECT OF THE
CLOSING DOCUMENTS OR OF THE CLOSING ITSELF."
Minnesota law (M_S.A. 507.AC; , Subd_ 2) further states -
"SURD. 2. NO CHARGE, EXCEPT A CHARGE REQUIRED TO BE DISCLOSED
BY REGULATION Z, CODE OF FEDERAL REGULATIONS, TITLE 12, SECTION
226, MAY BE MADE BY A CLOSING AGENT UNLESS THE PARTY TO BE
CHARGED IS INFORMED OF THE CHARGE IN WRITING AT LEAST FIVE
BUSINESS DAYS BEFORE THE CLOSING BY THE PARTY CHARGING FOR
THE CLOSING SERVICES.
❑ The undersigned acknowledges receipt of such disclosure of charge as required by law.
J5t The undersigned waives receipt of such disclosure of charge and agrees to -pay to Minnesota Title or
its authorized agent the charge for closing services stated in the contract for closing services.
Buyers
The C.%ty o� Otsego
TIM Form 3490
CITY OF OTSEGO
WRIGHT COUNTY, MINNESOTA
DEED RESTRICTION
PURSUANT TO SECTION 604.5 OF THE CITY OF OTSEGO
NO. 90 AND AMENDMENT NO. 91-01, THIS AGREEMENT
1/st day of Apt , 19 92 by:
Z
ONING ORDINANCE
entered into this
Denni�5 G. Have.E and Judcth A. HaveE , Record Fee Owners) ;
Contract for Deed Seller, (if any)
,.Contract for Deed Buyer, (if any)
AGREEMENT: AS FOR GRANTING OF THE DIVISION DESCRIBED HEREIN
PURSUANT TO SECTION 604e5 OF THE CITY OF OTSEGO ZONING ORDINANCE,
ACKNOWLEDGED HEREIN AS A GOOD AND VALUABLE CONSIDERATION, I (WE)
CONSENT TO THE FILING OF THIS DEED RESTRICTION, AND UNDERSTAND THAT
ITS EFFECT WILL BE TO PROHIBIT ANY FURTHER DIVISIONS OR NEW
RESIDENCES WITHIN THE RESTRICTED PARCEL DESCRIBED HEREIN, EXCEPT AS
MAY BE PERMITTED BY THE CITY OF OTSEGO ZONING ORDINANCE AND/OR THE
SUBDIVISION ORDINANCE AND ANY AMENDMENT THERETO. THIS RESTRICTION
SHALL RUN WITH THE PROPERTY.
Tax Parcel Number 11 8-500-202100
Legal Description of Restricted Parcel:
The North Ha25 0� the Not�ihwe�s4� Qu.ajrtelc oU Sec�t.an 20, Tow�vsG►,ip 121, Range 23, Gihigh� Caunfy,
M�nnmota., except the South 350.00 13eet 01D Ahe, LUZA, 696.03 'Oeet oZI /said Nohth HaQn ob the
No thwelst QuaAteAo
Legal Description of Division:
The North Ha.�{� o{� the No�rthwe�� Qualrten a� Seet.%on 20, Tow�vsh,%p 121, Range 23, GJ�r,%gbrt Couvit_y,
M.inne�s ova..
One residence (is, is not) permitted on the remainder of the
restricted parcel pursuant to Section 604.5. If one such residence
already exists, no more are permitted.
STATE OF MINNESOTA )
COUNTY OF WRIGHT )
The foregoing instrument
1 /st day of A Xi2
�enn.i�s G_.-�-(ave.2 and Jud.%t A,
Approved for recording by
Owners) Signatures:
was acknowledged before me nth,��+r;_,�r,•,•,�....,;,.�.,�,,;�
Hav hu�sTand� and wee JOTaRY Puei.�r ��:'�ar1
SH ' R .: 5
My Commission Expire: 3ep'L. 1992
-; s ERd4AAMW�t
State of Minnesota,
SS.
County of wn't'9�
Affidavit Regarding Sellers)
Raymond F.S�.v�.fz and Nancy A. S.2ay.%f�, hcusband and w�,�e
being first duly sworn, on oath says) that:
- ► u .- .►.� :i
• -. - . .
:..
• �- :.f.. � . - �
the persons) named as 6�ca.n�o�
in the document dated -� 1 � 1992
19 —, as Document No. ,
Page ) in the Office of the (County
(,Uhd�h� County, Minnesota.
Kaymonc�erson(s) (is) (are) of legal age and under no legal disability with place of businesses) (respectively) at
and for the last ten years (has) (have) resided at:
7054 LaBeaux Ave. NE, A.�6ehtv.c,P.2e, MN 55301
3. There have been no:
a. Bankruptcy, divorce or dissolution proceedings involving said persons) during the time said persons)
(have) (has) had any interest in the premises described in the above document ("'Premises");
b. Unsatisfied judgments of record against said persons) nor any actions pending in any courts, which affect
the Premises:
c. Tax liens against said person(s);
except as herein stated:
4. Any bankruptcy, divorce or dissolution proceedings of record against parties with the same or similar names,
during the time period in which the above named persons) (has) (have) had any interest in the Premises, are not
against the above named person(s).
5. Any judgments, or tax liens of record against parties with the same or similar names are not against the above
named person(s).
6. There has been no labor or materials furnished to the Premises for which payment has not been made.
7. There are no unrecorded contracts, leases, easements, or other agreements or interests relating to the Premises
except as stated herein:
8. There are no persons in possession of any portion of the Premises other than pursuant to a recorded document
except as stated herein:
9. There are no encroachments or boundary line questions affecting the Premises of which Affiant(s) (has) (have)
knowledge.
Affiant(s) knows) the matters herein stated are true and m
passing of title to the Premises.
Subscribed and sworn to before me
this .L� day of _�lph,� � ,
NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK)
• 'y
it for the purpose of inducing the
r.
THIS INSTRUMENT WAS DRAFTED BY (NAME AND ADDRESS:
SheJr.6unne County ab��a.ci � T.ct2e Co.
317 K�.ng Ave.
��k R�,veh, MN 55330
TIM 135 2/85 (704)
State of Minnesota,
County of
tV}rt.g h� ss.
Affidavit Regarding Sellers)
Venn,us G. Havee and Judith A. Havee, husband and w�.�e
being first duly sworn, on oath says) that:
-. - . .
:..
• - o a -� r ,, ��' p- •
the persons) named as GtcaY�toh6
in the document dated Ap�tt,e 1
19 —, as Document No.
Page ) in the Office of the (County
G11r%�by' County, Minnesota.
2. Said per on s) (is ( e) o I al a e and unde n le al disability with place of businesses) (respectively) at
�Uenvws. �wn� o� �av� �ca�atcng tin �o�Cco�.a.n
and for the last ten years (has) (have) resided at:
1041 � Cai.n Road, Conconan, htN 55374 10 yea�us
3. There have been no:
a. Bankruptcy, divorce or dissolution proceedings involving said persons) during the time said persons)
(have) (has) had any interest in the premises described in the above document ("Premises");
b. Unsatisfied judgments of record against said persons) nor any actions pending in any courts, which affect
the Premises:
c. Tax liens against said person(s);
except as herein stated:
4. Any bankruptcy, divorce or dissolution proceedings of record against parties with the same or similar names,
during the time period in which the above named persons) (has) (have) had any interest in the Premises, are not
against the above named person(s).
5. Any judgments, or tax liens of record against parties with the same or similar names are not against the above
named person(s).
6. There has been no labor or materials furnished to the Premises for which payment has not been made.
7. There are no unrecorded contracts, leases, easements, or other agreements or interests relating to the Premises
except as stated herein:
8. There are no persons in possession of any portion of the Premises other than pursuant to a recorded document
except as stated herein:
9. There are no encroachments or boundary line questions affecting the Premises of which Affiant(s) (has) (have)
knowledge.
Affiant(s) knows) the matters herein stated are true and makes) this Affidavit for the purpose of inducing the
passing of title to the Premises.
Subscribed and swo
this 1�� day of _ ��
RE OF N6TARY PUBLIC
to before me
19 92
OFFICIAL
NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK)
naf�r^:1/LM�rv�.M.%�n,r�itidtfuL���=�.',aa„F;rd.EyfRpjl,(6te
?� _
� �i.t Ftlt ..)r .I )I )Oly �
;�1y C�em�ussiora �xp+res Sept. �. �.992
a^�„hHt�Jv:n:hn�.P:�P;1.fe'0''.���I`�1`V'J.,"d\fh 1-N1f1 J"_
v THIS INSTRUMENT WAS DRAFTED BY (NAME AND ADDRESS):
SheJcbunne Couv�ty Ab�s�ica.et � T.cte2 Co.
3l7 K�.ng Ave.
�2(z R-i.v elc, htN 5 � 33 0
TIM 135 2/85 (704)
William S. Radzwill
Andrew J. MacArthur
Michael C. Couri
Stanley A. Ellison
14 =�It—Itsr"7pai 4 sA_
RAAD.ZWILL LAW OFFICE
Attorneys at Law
Edgewood Professional Building
705 Central Avenue East
P. O. Box 369
Saint Michael, Minnesota 55376
(612) 497-1930
(612) 497-2599 (FAX)
Mei J. Dallman,
Admin. Assistant
John DeLaundreau,
Financial Analyst
Kristin DeLaundreau,
Accounts Receivable
Donna J. Matson,
Receptionist/Clerk
�rZ J J trll S L��t'_"®���• LI
V V liiT`^
RE: Title Opinion - City of Otsego
The North Half of the Northwest Quarter of Section 20,
_,Township 121, Range 23 except the South 350 feet of the
East 696.03 feet of the North Half of the Northwest
F� ?'1 q1.-Z 5 3.:5— j�c 'C Ci `� `r, ''p s f`'eq G �s
Dear Councilmembers :
e .L-E a �,t+ ✓,^) .4 ; j ,." 2- t"
. c ,
At trre-City's" request-I-fiave made^an office examin-ation_ of the
Abstract of Title prepared by Campbell Abstract Co.(,,--
The Abstract
is No. 1131B c-oi s-ists of e-n�tr e-s—l--- thr-ouch nd was last
certified on 992� "at' ce;�a: The abstract was
received in this office on E. 3,' i9=2
�� r+ ✓f brs k? ar f i G
The property is located within the City of Otsego, Wright
County, Minnesota and is described as follows:
The North Half of the Northwest Quarter of Section 20,
Township 121, Range 23 except the South 350 feet of the
East 696.03 feet of the North Half of the Northwest
Quarter of Section 20, Township 121, Range 23.
F On the date the abstract was certified it is my opinion that
record title to the_„_property was held in the nam of:
gp .
1✓ � ., .� f ���-.�:,. C l � cz'�.�--a �a.r7 TT a ri n � � 7� � c��.j s i � h, , c� h a r� ra � r, r� t i -F .. :,/-.
.w
1"
1. Abstract entry No. 48, Right of Way easement granted by
Roland E. Helms and Anna S. Helms to the Rural
7,."ws;t Cooperation Power Association to construct, operate,
repair, maintain, relocate and replace on the described
property an electric transmission, distribution line or
system and to cut and trim trees. Said easement is dated
tc S"ec I
Otsego City Council
March 20, 1992
Page 2
April 13, 1949, recorded May 28, 1951 in Book
9 of Miscellaneous page 29 as File No. 182548.
This easement was partially released at
Abstract entry No. 57 wherein all of the
property except the northern 50 feet is
r e l e a s e d a 1 t h o u g h
certain rights are reserved on the remaining
property. Said Partial Release of Easement is
dated October 26, 1981, recorded October 27,
1981 in Booker S_atisfactrorrs- page---6-&,---F
r,,z� G,r s7 ✓:'C'�t G� U/c ,} t'G s�-�9r /.r. -Gm-
vil� af°''
Aistrac- No 5,5 'ateApr-1-1—, 19 8 a - reco-rides Ap.�i l
41 1980 in 75 Miscellaneous Page 958 as File No. 346397
which is Notice of Wright County Planning and Zoning e`
Regulations,,wh±-ah�.iz u+f^,.+ =_ rr,,,,or.
f tthat
oime. It should be noted thatthe`Town of Otsego was,
incorporated as the City of Otsego effective November 15,
J 1990 and at that time the City of Otsego adopted the then` /' /' .,
existing Wright County Planning and Zoning Regulations b'
ordinance as their owns The r; rely_
y- d
'-
�'
19
� � r- � ✓moo a n � Y' G j .� t � �i - xJ' � �r �.r z?,.,.--'i .: wr e f/r �'i� G✓�%' - yfp d` t"...., .`- � ,/ u .b u t .
`"-
3 . AY�stra�t-- en rys- Noy. 6-1 ze—c-For ed e� 7; —1985 in
Cabinet No. 540 as Document No. 404209 is Notice of
Otsego Township Road Map in which the township provides
notice of its claim on certain roads within its
boundaries. As mentioned above, the township has been
since incorporated but pursuant to the Order For
Incorporation has retained jurisdiction over said roads.
The. astern boundary of the property is subject to tom'
R right-of-way for Nashua Avenue, one of the above-
escribed recorded Town roads.
Abstract entry No . 62 dated June 15 , 19 9 0 , recorded, -June
2 , 'n Book 92 Miscellaneous Page 998 as Docc�xment No.
474894, Contract For Deed, Raymond F. 9..1-avek and Nancy
A. Slavik, husband and wife, contract`vendors to Dennis
G. Havel, contra vendee. Any deed of transfer must
contain the signature�afqejyhis G. Havel and his spouse
as well as the fee own and F. Slavik and Nancy A.
Slavik, or said
. tract mus�£ be paid off and title
correctly t5ran ferred to Dennis�..� Havel prior to
transfer �o the City. All appropr - to documents
verify.in said transfer must be submitted tor- the City
prig ""to closing for examination. Further, said entry
,,.-indicates that Buyer's interest in the property is not"
Otsego City Council
March 20, 1992
Page 3
y- —� tE til written con nt of`the fee
owners is obtained. ~�vitten consent
/Ve should be e to the City of Otsego prior
to c ng.
(. A.Adocument not contained on the reviewed abstract Otsego
Cit oning/Subdivision Request in the name of Dent.
V E Havel da January 2 9, 1992, recorded January` 2 9, 1992
cup-f as Document 500335 granting the subd-ision of a 5.59
6L acre parcel representing the prpperty described as an
' J_ y exception on this abstract. should be indicated that
yr yz
_ ! one of the conditions of approval was that a deed
i vt' restriction be laced against tlie,4 property forbidding
_ further subdivision of the same said document has not
y ,C, Cf
yet .beeri,..N._filed but should be prior to conveyance. The
'"" ..abstract should also be corrected to list this document.
/< t
fEn The Abstract indicates that their is Green Acres
y"y ``liability on the property, the amount of said liability
s-hould be ascertained and paid off prior to the �����'ng�
jay , lr° rt"� ye [ w, •;% ("="v�Y _ -;;g„_ ;.. r.•.
1
I. Taxes and-special---a-s-s-essments for 1992 were
C y JtI at the time the abstract was certified.
i 4 c a}� PSlrieas. beFe --.,� .f_i.e.d. nr i car _. ..tQ c� oGipg and paid
n�
The=Mnz!=t
to this office was certified to as
of 8 o'clock a.i he 'abstract w s ✓` et- ,tea_
trot received in this office until �� r ���,�n9� . � An y
abstract is normally considered stale 30 days after 12
l u a certification. . u._rther; �it � .w.bea...anoted that the
above_. mentioned Otsego .C-ity rag.�_Subdivl lion Re_ nest
mentionedi in 5 _above which wayecoreek an January-25;,,.
2c ' °' ` / .� �`, /1-9-92 ; _t,�aS--..�,.�Yf�t--.. t-a-ined- Win- -the- -bS�r-act-.-= `Ostxe-....a�S �i-ae-t-
�,"z .
< � "�
!1 I�"`_ rCr
#�
�r a „r�
t .u✓ 1. e G' µr f c.Q�-�-�e�c�.��Y: -a-ri�.r----.emu--,,i="=Z,7�7'1 "r ���-. ,,, .
--�:=Kati-on--i�.d�cate�-_further--
-s ` obytden-s. -to�t_1e., ,th-e Git-y reserves the r- -ght to make_.
_ __ __ t t.a th-e---Pur-cha-s e A-gr�e-ment % � �
'' � � �' Z' r, r'� �. !! "� -+, `",'�� c✓: �'� �:./e y ft 1i" � � s{'c� /'t � `�'- �r �� "Pik C G�' /n
yIj..
The following matters might encumber tie premises ---though not
appearing of record, and their existence can be ascertained only by
inspection of the premises and inquiry: claims of persons in
possession other than the recorded owner; unfiled mechanic's or
materialmen's liens for work or materials furnished for
improvements; questions of survey including unrecorded easements
and encroachments from or upon adjoining property; special
Otsego City Council
March 20, 1992
Page 4
assessments which are, or may be, levied against the property; laws
regulating land use including building and zoning regulations; and
rights of the public, the State of Minnesota, or the United States
Government in and to proms_^te. rs and wetlands.
This opinion mated solely to matters in the
abstract, unless otherwise noted, and was prepared for your use
only. No representatiorfs are made to any other person.
1
AJM.djLm
Sincerely,
A rew J.z acArth r
RADZWILL LAW OFFICE
PAT RASMUSSON
PRESIDENT
CATNY BAILEY
SEC./TREAS.
BONI CULLEN
MANAGER
Matcch 2�, 1992
Andrew MacA�rthu�r.
Radzw.r,P.2 Law U��tice
7 0 � C en�ca2 Ave. �.
S�. M�.chae.�, MN 5537G
R�: The C1�y o� Grego/i�enn-v G. Have.
l�eatc Mn. MacA�rthutc,
P.�ea� e {y�.nd ene,2o�s ed eap.�e� a� the e2a��.ng da cum end � an the ceo��.ng
�ehedu.�ed A��r,%2 1 between the }oant.%e�s abave. you w,i,2e nape on the �ee,P.�etc'�
��.de o� the e.2a�s�.ng �s�a�emeni dt ,v nod eam}o�e�e, we cctce ��i,P,e wa.i.�ing on
the �y�na.� �aya{�� ��,gune �o the Sa,�v.�(z'�. I have ��ofze with them and �he_y
w,i.P.2 both be a�end�.ng the e.ea��,ng �a ��.gn the-vr. pa�e�.
A-�so -gin negand� �a the Green Aetce Tax you w�i.22 nape �ha� I have a �y,i.gune
o� $2, 2�2. G2 aw-�ng. I neee�.ved �hi� ��.gutee Lynam GJteigh� Couv�y and they cvr.e
�end�.ng me a �5�atemewt �.n wn,%ti.ng.
I have a.P�1a eneeo�ed the Ab��a.ct �show�,ng the catvicec�ian negarcd�,ng Na. 8
a� your �.i�tee op�.vrian.
I am �S�,P.e ehecFiing an the deed ne�fitu.et.%on �ha� wad �o be �-i.2ed. I w-i.22
.�e� you the ��a�u� a�5 roan ass I gel an av�wen.
I have ado eneeo�5ed a easy a� the �5�ee.%ae ab�5e��5men� �eatceh.
I � �hetce any que��ar� atc pnab.�em�5 }o2ea�5 e ea,Q,2.
S�.nc y, ,
�, ��
Angie eo�.ge
Shenbutcne Cauvity Ab��a.et i; T�,t2e Ca.
317 KING AVENUE •ELK RIVER, MINNESOTA 55330 • (612) 441-3280
.s..n�esora
MLTA
,.y.d �� _...,
Affiliated with American Land Title Association
William S. Kadzwul
Andrew J. MacArthur
Michael C. Couri
Stanley A. Ellison
March 20, 1992
RADZWILL LAW OFFICE
Attorneys at Law
Edgewood Professional Building
705 Central Avenue East
P. O. Box 369
Saint Michael, Minnesota 55376
(612) 497-1930
(612) 497-2599 (FAX)
City Council
City of Otsego
13474 95th Street N.E.
Elk River, Minnesota 55330
Mei J. Dallman,
A&nin. Assistant
John DeLaundreau,
Financial Analyst
Kristin DeLaundreau,
Accounts Receivable
Donna J. Matson,
Receptionist/Clerk
RE: Title Opinion - City of Otsego
The North Half of the Northwest Quarter of Section
Dear Councilmembers:
2
At the City's request I have made an office examination of the
Abstract of Title prepared by Campbell Abstract Co. The Abstract
is No. 1131B and consists of entries 1 through 62 and was last
certified on February 3, 1992 at 8 o'clock a.m. The abstract was
received in this office on February 22, 1992.
The property is located within the City of Otsego, Wright
County, Minnesota and is described as follows:
The North Half of the Northwest Quarter of Section 20,
Township 121, Range 23 except the South 350 feet of the
East 696.03 feet of the North Half of the Northwest
Quarter of Section 20, Township 121, Range 23.
On the date the abstract was certified it is my opinion that
record title to the property was held in the names of:
Raymond F. Slavik and Nancy A. Slavik, husband and wife, as joint
tenants, subject to the following:
1. Abstract entry No. 48, Right of Way easement granted by
Roland E. Helms and Anna S. Helms to the Rural
Cooperation Power Association to construct, operate,
repair, maintain, relocate and replace on the described
property an electric transmission, distribution line or
system and to cut and trim trees. Said easement is dated
Otsego City Council
March 20, 1992
Page 2
April 13, 1949, recorded May 28, 1951 in Book
9 of Miscellaneous page 29 as File No. 182548,
This easement was partially released at
Abstract entry No. 57 wherein all of the
property except the northern 50 feet is
r e l e a s e d a 1 t h o u g h
certain rights are reserved on the remaining
property. Said Partial Release of Easement is
dated October 26, 1981, recorded October 27,
1981 in Book 73 of Satisfactions page 66, File
No. 360089,
2. Abstract entry No. 56 dated April 3, 1980, recorded April
41 1980 in 75 Miscellaneous Page 958 as File No. 346397
which is Notice of Wright County Planning and Zoning
Regulations which will affect this property for a period
of time. It should be noted that the Town of Otsego was
incorporated as the City of Otsego effective November 15,
1 1990 and at that time the City of Otsego adopted the then
existing Wright County Planning and Zoning Regulations by
ordinance as their own. The City is presently in the
last stage of adopting by ordinance different Planning
and Zoning regulations which will affect the subject
property.
3. Abstract entry No. 61 recorded December 17, 1985 in
Cabinet No. 540 as Document No. 404209 is Notice of
Otsego Township Road Map in which the township provides
notice of its claim on certain roads within its
boundaries. As mentioned above, the township has been
since incorporated but pursuant to the Order For
Incorporation has retained jurisdiction over said roads.
The eastern boundary of the property is subject to that
66 foot right-of-way for Nashua Avenue, one of the above -
described recorded Town roads.
4. Abstract entry No. 62 dated June 15, 1990, recorded June
20, in Book 92 Miscellaneous Page 998 as Document No.
474894, a Contract For Deed, Raymond F. Slavik and Nancy
A. Slavik, husband and wife, contract vendors to Dennis
G. Havel, contract vendee. Any deed of transfer must
contain the signature of Dennis G. Havel and his spouse
as well as the fee owners, Raymond F. Slavik and Nancy A.
Slavik, or said contract must be paid off and title
correctly transferred to Dennis G. Havel prior to
transfer to the City. All appropriate documents
verifying said transfer must be submitted to the City
prior to closing for examination. Further, said entry
indicates that Buyer's interest in the property is not
Otsego City Council
March 20, 1992
Page 3
transferable until written consent of the fee
owners is obtained. Said written consent
should be provided to the City of Otsego prior
to closing.
5. A document not contained on the reviewed abstract, Otsego
City Zoning/Subdivision Request in the name of Dennis G.
Havel dated January 29, 1992, recorded January 2.9, 1992
as Document No. 500335 granting the subdivision of a 5.59
acre parcel representing the property described as an
exception on this abstract. It should be indicated that
one of the conditions of approval was that a deed
restriction be placed against the property forbidding
further subdivision of the same, said document has not
yet been filed but should be prior to conveyance. The
abstract should also be corrected to list this document.
6. The Abstract indicates that their is Green Acres
j liability on the property, the amount of said liability
should be ascertained and paid off prior to the closing.
7. Taxes and special assessments for 1992 were unavailable
at the time the abstract was certified. Said taxes and
assessments must be verified prior to closing and paid
prior to recording.
8. The abstract supplied to this office was certified to as
%a February 3, 1992 at 8 o'clock a.m. The abstract was
not received in this office until February 22, 1992. An
abstract is normally considered stale 30 days after
certification. Further, it should be noted that the
above mentioned Otsego City Zoning/Subdivision Request
mentioned in 5 above which was recorded on January 29,
1992, was not contained in the abstract. The abstract
should be corrected to make up for this deficiency or any
other that may exist prior to transfer, should said
correction and subsequent examination indicate further
objections to title, the City reserves the right to make
such objections pursuant to the Purchase Agreement.
The following matters might encumber the premises though not
appearing of record, and their existence can be ascertained only by
inspection of the premises and inquiry. claims of persons in
possession other than the recorded owner; unfiled mechanic's or
materialmen's liens for work or materials furnished for
improvements; questions of survey including unrecorded easements
and encroachments from or upon adjoining property; special
Otsego City Council
March 20, 1992
Page 4
assessments which are, or may be, levied against the property, laws
regulating land use including building and zoning regulations; and
rights of the public, the State of Minnesota, or the United States
Government in and to protected waters and wetlands.
This opinion is limited solely to matters shown in the
abstract, unless otherwise noted, and was prepared for your use
only. No representations are made to any other person.
Sincerely,
/'
rew J . aclL r
RADZWILL LAW OFFICE
J
AJM.djLm
William S. Radzwill
Andrew J. MacArthur
Michael C. Couri
Stanley A. Ellison
March 20,
Mr. Dennis
10415 Cain
Rogers, MN
1992
G. Havel
Road
55374
RADZWILL LAW OFFICE
Attorneys at Law
Edgewood Professional Building
705 Central Avenue East
P. O. Box 369
Saint Michael, Minnesota 55376
(612) 497-1930
(612) 497-2599 (FAX)
RE: N 1/2 of NW 1/4 20-12-23
City of Otsego City Hall Property Purchase
PID # 118-500-202100
title opinion
Dear Mr. Havel:
Enclosed herein please find a copy
drafted for the City of Otsego relevant
purchase. This is submitted to you as
objections to title. All those matters
the opinion constitute said objections.
I am copying this correspondence along
to
County Abstract & Title Co. with
abstract can be corrected. If you have
free to contact me.
AJM.djm
Mei J. Dallman,
Admin. Assistant
John DeLaundreau,
Financial Analyst
Krishna DeLaundreau,
Accounts Receivable
Donna J. Matson,
Receptionist/Clerk
of a Title Opinion I have
to the City Hall property
the City's notification of
specifically referenced in
Angie George
the abstract
any questions
at Sherburne
so that the
please feel
Very truly yours,
Andrew J. Mac
: hur
RADZWILL LAW OFFICE
cc. Angie George, Sherburne Abstract (w/encls. & abstract)
Ron Black (w/encls.)
City of Otsego (w/o encls.)
Pam,-��l u
Parcel A
ESTIMATED
to: (City of Otsego)
� NAME
part - 118-500-202100
PLAT & PARCEL �f
728 1 0 0
S.D. H W LID
MV
GA 43,400
EM Land
GA Land tE 3 , 400
Bldg.
lAcre
HG
last years tax
�� �
" TxCap
" Tx Rate
Dennis Havel
NAME
118-500-202100
PLAT & PARCEL ��
728 1 0 0
S.D. H W LID
114,500
MV
GA 75,400*
EM Land 93,800
GA Land 54,700*
Bldg. 20,700
lAcre 8,800
HG 15,800
last years tax
�� MV
" TxCap
" Tx Rate
1-9 92ADVANCE REAL ESTATE TAXES
PHONE
694 X 117.975
Tax Capacity Tax Rate
Ag-NonHmstd
Class
109
Class Code
_ $818.74
Taxes
Specials
Date 3-23-92
By lme
QT only
_ $818.74
Net Tax
ESTIMATED
1.9 92 ADVANCE REAL ESTATE TAXES
Sherburne Co.Abst.(Angie) 441-3280
PHONE
1502 X 117.975 / _ $1771.98
Tax Capacity Tax Rate
��92230
Ag-NonHmstd Elk River Fire +
Class
109
Class Code
Taxes
$ 37.00
Specials
Date 3-23-92
By lme
QT only
_ $1,808.98
Net Tax
*taxable market value
Al RASMUSSON
PRESIDENT
CATHY BAILEY
SEUTREAS.
BONI CULLEN
MANAGER
1=ebnuatcy 20, 1992
Andy MacArrihutc
Radzw,i U Law 0ice
P.U. Sax 369
705 Cen Aa2 Ave. E.
St. Michaet, MN 55376
R�: The City a� U�ega
f�eatc Mn. MacAtrthutc,
P.�ea�e {�-�nd enceo�ed the Ab��ract o�y T-it.2e covetc.%ng The N2 a�
the NGl% oon 20, TawvV121, Range 23, exc. mac. , I have been
im6tkuc ted to oAwvLd the abztpcac t to you by Etaine Beatty Aom the
City o4jice. I have enceozed a copy of the tcecmded zubdivizion
which wad not inceuded in the abztcact extenzion. I be,?.i_eve thiz wa1
a mistake by Campbell Ab.6ttcact Co. and w,iU have them cotvicect ,it
o -i.nc2ude thus enfcy at a tate)L date.
Gle atce p2anvu.ng a tentative c2azirrg fan Apxi,2 11 1992. I wiP.e need
�a have you fiend me a cagy a� yautc vp�.wi.an when you_ have �-in.i�hed.
you have any que/5t%an/5 otc ptcabtemz ptease caU and I w.iU be happy to
aSz,vt i I can.
Thanfz you,
Ang�.e Geatcge
Shetr.bunne Cauiaty Ab�s�cact � T-it,2e Ca.
317 KING AVENUE •ELK RIVER, MINNESOTA 55330 • (612) 441-3280
rs•.nrseaoea
MLTA
Affiliated with American Land Title Association
SHER.B L_-..�E CO U.
PAT RASMUSSON
PRESIDENT ,
CATHY [3AI�EY
SECJTREAS.
BON( CULLEN
MANAGER
;' '--�
A BST ��. C�'
=� _ � � _ _
--__ Noa�rcr OT� nvnr-r,ni;ll,:r•rY or
OWNP:IZ' S 'I'�T_'I'I,I', T-NSURANGF.
TO City of Otse�co _ I)n�ci�,__ Fe_b_r_u___a__r�_4,_1992
13474 NE 95th St.
—Ot�PT, Mn 5��_ — ---- I'tl,is��--- 10207-W----------
PIZOi'EK"TY /v�r)IZIas: XXX Nashua Ave. North Otsego, Mn _55330 _____—
Dear 13uyer(s)
ionbr�tuiations on your reccut purchase?
We have been astced by Daryl Saathoff/ C-21 Christian t11e listing company,
to coordinate the closing of your property purchase_ A closing date wiJ_J_ be set
in t-he near L-uL-ure and you will be notified o.f- the time, p]_ace Ind i_tcros Lhat will
be needed [ram you for closing.
I will be ordering an update on the 1_it.le evi_dencc for t[�e abvvc property. Un<.c
c:pdated the title evidence must be e;:aminecl prior tv ctos�_ng. Yvu may obtain
either an Owner's i'o_licy of 'Citle Insurar,cc, witiclt ptov:i_des Li_L]_e insurance cover—
age to you or you may obtain an attol.-ney's title opin_t_on. I leave enclosed a
brochure regarding title insurance for your i_nrormation.
)jased on a purciiasc price of $ 130,000.00 the cuc�t v� tlu: t:itJ.e insurance policy
�-s � 596.25 _ If you decide to obLai_n an ac.torncy's opi_n:ion, T wiJ_J_ forward
the updated title evidence di_rectl-y to the attvrncy you indicate Lr.'low.
If you ate uncertain as to wl.eLlter you sltvul.d obtain an Owner's f'c/.1-icy oI 7'it_Le
Insurance or an attorneys opinion, you shouJ_d seelc ind<'pcndent advise.
Please indicate your choice bclnw, tlu�n sign Ind rcttlrn in Llte cncJ.ctscd cnve]_ope
It-IMI;1)IATLLY. e1 delay .in return:ini; tlt.is form ntrty cause a dc.l.ay in cJ_os i_ng_
'i:itank you i_n advance Ivor your prompt r-tttent:ivn.
Iluyer
I/We request an Owucr's I'ol_:icy o� 7'i_t-tc Insut-anc¢.
(Wc wil_:L collect premium due at cl� `-�-`-
T_/Wc request an Att-orney's Op _tl-ionj � �' �"' (�,
At to r_ ney' s Name :— ---__ - � _.
Name o f Firm : --- _-- �% ,�
G�
Address: 1���//
1Ja tc
317 KING AVENUE. El_K RIVER, MINNESOTA
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Land Surveying JOHN OLIVER & ASSOCIATES, INC. John Oliver, L.S.
Subdivision Design 922 Main Street - Elk River, Minnesota 55330 Lynn P. Caswell, L.S.
Site Planning (612) 441-2072 Dennis Pederson, L.S.
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