Application to Register Title
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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
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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
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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.
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(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;(
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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:
,
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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
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