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Application to Register Title e e Fe ~ 04 - sf; STATE OF MINNESOTA DISTRICT COURT COUNTY OF CARVER In the Matter of the Application of: FIRST JUDICIAL DISTRICT File No. Plowshares Development, LLC, a Minnesota Limited Liability Company APPLICATION to Register Title to Celiain Land. TO THE JUDGES OF THE ABOVE NAMED COURT: The applicant hereby makes application to have the title to the land hereinafter described registered. A. NAME OF CO-APPLICANTS: Plowshares Development LLC Applicant is a limited liability company Organized under the laws of the State of Minnesota Address: 1851 Lake Drive West. Suite 550. Chanhassen. Minnesota 55317 County of Carver State of Minnesota Application is made on behalf ofthe applicant by Todd Simnin~ acting in capacity of Chief Manager Address: 1851 Lake Drive West. Suite 550. Chanhassen. Minnesota 55317 County of Carver State of Minnesota U.S. Home Corporation Applicant is a corporation Organized under the laws of the State of Delaware Address: 935 Wavzata Boulevard. Wavzata. Minnesota 55391 County of Hennepin State of Minnesota Application is made on behalf of the applicant by Marc Anderson acting in capacity of 0 i v: S; 0 r\ p(.(..S :df/J\ r Address: 935 Wavzata Boulevard. Wavzata. Minnesota 55391 County of Hennepin State of Minnesota City of Chanhassen Applicant is a municipal corporation Organized under the laws of the State of Minnesota Address: 7700 Market Boulevard. P.O. 147. Chanhassen. Minnesota 55317 County of Carver State of Minnesota Application is made on behalf of the applicant by ~~ ~U' J 1"JJ G.r- WF acting in capacily of · t.+~ 'i'1 A ~'7 ~ · Address: 7700 Market Boulevard. P.O. 147. Chanhassen. Minnesota 55317 County of Carver State of Minnesota B. ATTORNEY FOR CO-APPLICANTS: Thomas F. Alexander. Esq./Larkin Hoffman Daly & Lindgren Ltd. Address: 1500 Wells Fargo Plaza. 7900 Xerxes Avenue South. Minneapolis. MN 55431 Phone Number: (952) 896-3375 Attorney Registration No.: 247935 C. DESCRIPTION OF THE LAND, SITUATED IN CARVER COUNTY, MINNESOTA, IS AS FOLLOWS: Lots I through 27, Block 1, Lots 1 through 8, Block 2, Lots 1 through 8, Block 3, Outlot A and Outlot B, Pinehurst D. ESTATE OR INTEREST CLAIMED THEREIN BY THE CO-APPLICANTS IS IN FEE SIMPLE. E. THE LAND IS OCCUPIED. Name Plowshares Development, LLC P.O. Address see above Claim Fee Title to Lots 1 through 27, Block I, Lots I through 7, Block 2, Lots 1 through 8, Block 3, Pinehurst U.S. Home Corporation see above Fee Title to Lot 8, Block 2, Pinehurst Fee Title to Outlot A and Outlot B, Pinehurst City of Chanhassen see above F. LIENS OR INTERESTS IN THE LAND, RECORDED OR UNRECORDED WHICH THE CO-APPLICANTS RECOGNIZE AS ENCUMBERING THE LAND, and wlticlt co-applicants consent to remaining as encumbrances against tlte landfollowing tlte registration: Name ofInterested Party Nature and Amount Recording Data (if recorded) Lakeland Construction Finance, Mortgages, subject to Partial Mortgage Doc. Nos. 412058 LLC Release of Outlot A and Outlot B, 412059; Partial Release Doc. and Partial Release of Lot 8, A419433; Partial Release Doc Block 2 City of Chanhassen Platted drainage and utility easements Plat of Pinehurst Doc. No. A41 City of Chanhassen City of Chanhassen Plowshares Development, LLC and the To-Be-Created Homeowners Association Public Trail Easement Development Contract Retaining Wall Encroachment Agreement dated April 21, 2005 (over Outlot B) Doc. No. A419435 Doc. No. A419431 Doc. No. A419436 2. e Name ofInterested Party Plowshares Development, LLC and the To-Be-Created Homeowners Association Plowshares Development, LLC and the To-Be-Created Homeowners Association Plowshares Development, LLC and the To-Be-Created Homeowners Association Riley Purgatory Bluff Creek Watershed District e Nature and Amount Recording Data (if recorded) Retaining Walls Encroachment Doc. No. A419437 Agreement dated July 13, 2005 (over platted drainage and utility easements) Declaration of Easements for Doc. No. A419438 Driveway and Parking Purposes Declaration of Easements for Doc. No. A419440 Monument Sign Purposes Declaration of Restrictive Covenant Doc. No. A419439 G. LIENS OR INTERESTS, RECORDED OR UNRECORDED, FOR WHICH THE CO-APPLICANTS SEEK A DETERMINATION TERMINATING OR MODIFYING THE INTEREST: Allliells and interests, except those set forth in Paragrapll F above, including without limitation the following interest.'f: Name of Interested Party: (i) State of Minnesota (ii) Applicants, James W. Wilson, Sam J. Mancino and Nancy K. Mancino (iii) City of Chanhassen (iv) Mortgage Electronic Registration Systems, Inc./American Mortgage Network, Inc. (v) Xcel Energy, Inc. Nature and Amount: (i) Certificate of Location of Government Comer (ii) Easement for Driveway (iii) Permanent Easement for Public Trailway (iv) Mortgage (v) Easement for utility, power line and transmission line purposes Recording Data (if recorded): (i) Book M of Miscellaneous Page 318 (ii) Document No. 88865 (iii) Document Nos. A235890 and A235775 (iv) Document No. A343624 (v) Book 57 of Deeds page 524 Reason for the Requested Relief: (i) Pursuant to the survey, the lot comer identified does not lie within the limits of the property being registered. 3. e e (ii) Plowshares Development, LLC, purchased both of the underlying benefited and the burdened parcels, both of which are completely encompassed within the plat of Pinehurst. (iii) Completely encompassed within the right of way for County Road 117 dedicated in the plat of Pinehurst. (iv) Mortgage was granted by the Defendant (Tungseth) on February 21, 2003 over all of the Defendant's former legal description, but was granted after the Court Order entered on November 29, 2000 in connection with Carver County District Court File No. CX-99-l759, pursuant to which the District Court determined that the portion of that legal description which is included within the plat of Pinehurst was actually oW11ed by the predecessor in title (ROlming) to Plowshares Development, LLC. Therefore, Defendant (Tungseth) could not have granted a mortgage over property such party did not own. (v) Easement was vacated by the City of Chanhassen by Resolution 2005-41 dated April 11, 2005 (recorded as Document No. A4l9428) which was recorded on July 25,2005 (after the plat of Pinehurst), and pursuant to such resolution the easements were replaced by platted drainage and utility easements dedicated in such plat. H. OTHER DEFECTS IN THE CO-APPLICANT'S TITLE AND A REASON FOR CURING THE DEFECT: City required Plowshares Development, LLC to incorporate certain "no man's" land into the Plat of Pinehurst. The "no man's" land is the southerly approximately 5 feet of: (i) Lots 17 through 20, Block 2; (ii) Lots 4 through 8, Block 3; and (iii) Outlot B, and it was not included within (A) the underlying plat known as Old Slocum Tree Farm, nor (B) the previously platted developments (Woodridge Heights, Woodbridge Heights Second Addition, and W oodridge Heights Third Addition) and appears to have no owner of record or otherwise. 1. CO-APPLICANTS HAVE MADE A DUE AND DILIGENT SEARCH FOR THE ADDRESS OF ANY PERSON HEREIN STATED AS UNKNOWN. J. CO-APPLICANTS DO NOT DESIRE TO FIX AND ESTABLISH THE BOUNDARY LINES OF THE LAND. The names and post office addresses of all the owners of adjoining lands in any manner affected by an establishment of boundary lines are: Name Address Not Applicable Not Applicable Wherefore the co-applicants pray the court to find that the co-applicants have a title in the land proper for registration, to make and file a decree confinning the same, and to order the Registrar of Titles to register the same, and to grant such other and further relief as shall be according to equity. PLOWSHARES ~~L?PMENT' LLC By: ~ of".......,. Todd Simning, Chief Manager By: Mar Anderson (Print Name) ....4- Its: OIV~(I"..r- f,;Jy',h;( 4. e e STATE OF MINNESOTA) ss.) COUNTY OF Ctt~Vl.-lr ) Todd Simning being duly sworn, says he is the Chief Manager of the limited liability company above named; that he knows the facts and contents set forth in the foregoing application; that the statements therein are true of his own knowledge, save as to such as are therein stated on information and belief, and that as to those he believes them to be true; and that said application was signed by him on behalf of said company by authority of its Members. Subscribed and sworn to before me this 2-t0 day of KRISTA MARIE NOVACK NOTARY PUBUC - MINNESOTA MY COMMISSION EXPIRES 1-31.2007 AlA-~~~ ,2005. ~~,~e-Al~ Notary ubhc My Commission Expires: I-?/ - Ub1 STATE OF MINNESOTA ) ss.) COUNTYOF~ Marc Anderson being duly sworn, says he/she is the 'D\\{\~m \=t~he corporation above named; that he/she knows the facts and contents set forth in the foregoing application; that the statements therein are true of his/her own knowledge, save as to such as are therein stated on information and belief, and that as to those he/she believes them to be true; and that said application was signed by him/her on behalf of said corporation by authority of the corporation. ~ . d Subscribed and sworn to before me this 3f3..aay of My Commission Expires: \ \-3\ \0'1- STATE OF MINNESOTA ) ss.) COUNTY OF (~) .~DD (Dc:; RHA.e..bf being duly sworn, says he/she is the ~ ~ofthe municipal corporation above named; that he/she knows the facts and contents set f011h . 1 the foreg01 g application; that the statements therein are true of his/her own knowledge, save as to such as are therein stated on information and belief, and that as to those he/she believes them to be true; and that said application was signed by him/her on behalf of said municipal corporation by authority of the corporation. Subscribed and sworn to before me this !YJ..- day of CAROLE L TOOHEY NOTARY PUBLIC. MINNESOTA My Commlssion Expires Jan. 31, 2f1JT My Commission Expires: , 5. , e e APPROVED AS TO FORM , EXAMINER OF TITLES By: Examiner/Deputy Examiner THIS INSTRUMENT WAS DRAFTED BY: LARKIN, HOFFMAN, DALY & LINDGREN, Ltd. 1500 Wells Fargo Plaza 7900 Xerxes Avenue South Bloomington, Minnesota 55431 1023497.2 6.