3g.Approve Quoit Claim Deed (hoben's) to Woida's Conveying part of Outlot A. Pleasant Hill 2nd Additionr
FROM:
DATE:
SUBJ:
3� .
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
AWm DY CO Admtnhtr
Charles Folch, City Engineer/Director of Public Works
Dave Hempel, Assistant City Engineer Awr
June 5, 1995
aqA
Modi%e._____
Dale Submitted to Commis
Date Suhmitted to Coto
Approve Quit Claim Deed (Hoben's) to Woida's Conveying Part of Outlot A,
Pleasant Hill 2nd Addition - Land Use Review File No. 95 -9
' The City has received a request from Mr. James Hoben, applicant of the future subdivision of
Woida's property located at 6398 Murray Hill Road to settle a property line dispute. The City
owns property ( Outlot A, Pleasant Hill 2nd Addition) adjacent to the Woida's parcel. Apparently
' there is an error in the survey lines from the past thus creating an overlap in the property
descriptions between the City's parcel and Woida's. The City's parcel contains a water tower and
driveway. The survey error does not impact the operations or maintenance of these
' improvements. The Woida's have been maintaining this overlapped area for the past 25 years
including maintenance of a fence.
' I have been in contact with Mr. Jim' Walston of the City Attorney's office regarding this matter.
In a letter dated March 29, 1995 (Attachment 2) Mr. Walston recommended the City request the
subdivision applicant (Hoben) to obtain title evidence for review. Mr. Hoben has supplied Mr.
' Walston with the title evidence and Mr. Walston has determined the City could convey the
overlapped area to the Woida's to clear title on both the City's and Woida's property descriptions.
It is therefore recommended that the City Council adopt a motion conveying a portion of Outlot
A, Pleasant Hill 2nd Addition as described on Exhibit A to the Woida's conditioned upon the
applicant sharing the cost of the city attorney's fees for reviewing the deeds and title evidence.
' The applicant shall escrow with the City $100 to guarantee payment of these fees.
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Received Attachments: 1. Location map. _
2. Letter dated March 29, 1995 from James Walston'
3. Copy of Quit Claim Deed dated May 1, 1995.x,.;,,` ;t E
c: Mr. and Mrs. Woida
f'�� % °� '+3d b, Vrtd Coc1l?vt,+
Mr. James Hoben
g: \eng \projects\hobens \quitclm.cc Date
MEMORANDUM
S "9
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A.
Attorneys at Law
Thoma, J. Campbell (612) 452 -5000 Andrea McDowell Poehler
Roger N. Knutson Told L. Nissen
Thomas tit. Scott Fax (612) 452 - 5550 Mar,( M. McCarron
Gary G. Fuchs George T. Stephenson
James R. Walston
Elliott R. K net ,ch March 29, 1995
CITE' OF C H A I NH , As A fl
TT B
Mr. David C. Hempel
' City of Chanhassen l'r�t� ti 9 1995
690 Coulter Drive
P.O. Box 147 ���������� �
' Chanhassen, MN 55317
Re: Property Line Dispute
' Hobens Wild Wood Farms
Second Addition (Preliminary Plat) - LUR 95 -9
' Dear Dave:
Enclosed pursuant to your request please find Pleasant Hills
Second Addition Final Plat copy, Subdivision of Hobens Wild Wood
' Farms Second Addition and Metes and Bounds Survey that you sent
to me under letter dated March 24, 1995.
' As discussed, I recommend the City to request the
subdivision applicant to obtain title (including copy of the deed
which placed the overlap area in the name of the City) at the
expense of the applicant. Thereafter, final determination can be
made whether to quit claim the City's interest to the subdivision
applicant.
' Once you receive the title evidence from the applicant,
please forward the same to me to make a final determination of
the City's ability to convey the overlap parcel to the
subdivision applicant.
Very truly yours,
-r-
' CAMPBELL,;'"KNUTSO SCO
& FU S, P.A.
1 By: � �
James.R. Walston
' JRW:ses
Enclosure
Suite 317 • Eagandale Office Center 1380 Corporate Center Curve • Eagan,
' ATTACHMENT 2
Form No. 20 -901ti—QUIT CLAIM DEED
Corporation or Partnership to Individuals)
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: $ 1.65
Date: May 1, .19 95
FOR VALUABLE CONSIDERATION, the consideration is 5500.00 or less
the City_ of Chanhassen , a COQ ration under the laws of
State of' , Grantor, hereby conveys and quitclaims to
Clifford E. Woida and Patricia F. Woida , Grantee (s),
real property in Carver County, Minnesota, described as follows:
That part of Outlot A, PLEASANT HILL 2ND ADDITION, according to the recorded plat
thereof, Carver County, Minnesota which lies northerly of the following described
line:
Beginning at a point on the west line of said Outlot A, distant 97.43 feet
north of the southwest corner thereof; thence easterly to the northeast
corner of said Outlot A and said line, there terminating.
The seller certifies that the seller does not 'snow of any 7ells on the described
real property.
(if more space is needed, continue on back)
together with all hereditaments and appurtenances belonging thereto.
AM,\ Dee(l'I`a.x Slang) Heie
STATE OF MINNESOTA
COUNTY OF SS.
The foregoing was acknowledged before me this _
by
the
of
under the laws of
NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK)
By
Its
By
Its
day of 119— ,
and ,
and
A
on behalf of the _
SIGNATURE OF PERSON TAKING ACKNOWLEDGEMENT
Tax Statements for the real property described in this instrument should be sent to (Include
name and address of Grantee):
THIS INSTRUMENT WAS DRAFTED BY (NAME AND ADDRESS
Egan, Field h Nowak, Inc.
7415 Wayzata Boulevard
Minneapolis MN 55426
612 - 546 -6837
Wetter S. Booth —St. Paul