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<br />Kennedy 470 Pillsbury Center <br />200 South Sixth Street <br />Minneapolis MN 55402 <br />& <br />Graven Scott J. Riggs <br />(612) 337-9260 telephone <br />(612) 337-9310 fax <br />http://www.kennedy-graven.com <br />sriggs@kennedy-graven.com <br />C H A R T E R E D <br /> <br /> <br /> <br />MEMORANDUM <br /> <br />DATE: February 18, 2004 <br /> <br />TO: Jim Ericson, Community Development Director <br /> <br />FROM: Scott J. Riggs, City Attorney <br /> <br />RE: Review of Titlework for Waldoch Minor Subdivision <br /> <br />Pursuant to your request, our office has reviewed the titlework/evidence that was submitted by the developer for <br />the above-referenced proposed minor subdivision. It appears that the following three issues are raised by the <br />minor subdivision: <br /> <br />1. The legal description of Lot 31 as shown on the survey as “existing legal” isn’t as stated in the final <br />certificate; <br /> <br />2. As to Outlot A, it is a tax-forfeited parcel and Title Standard No. 45 may apply; and <br /> <br />3. Should the legal descriptions be approved by the examiner of titles for Ramsey County? <br /> <br />The responses to the above-referenced issues are as follows: <br /> <br />1. It appears that the legal description on the surveyor’s certificate is incorrect, with respect to the parcel in <br />Lot 31, Auditor’s Subdivision No. 89. The legal description should match the legal description on the certificate <br />of title – with no exception for the land in the final certificate. The state of Minnesota did not take the land in fee, <br />but only took an easement. <br /> <br />2. Outlot A is a tax-forfeited parcel and Title Standard No. 45 applies. It appears from the RPA that title to <br />Outlot A is still held in the name of Citywide Development, Inc., subject to the interest acquired by the Waldochs <br />from the state of Minnesota. The Waldochs will not have clear title to Outlot A unless they do a “proceeding <br />subsequent” to establish the requirements at paragraph b of Title Standard No. 45, or unless they wait until <br />August 15, 2011, and then get an examiner’s directive from the examiner of titles for Ramsey County for the <br />issuance of a new certificate of title. <br /> <br />3. It does not appear that anything exists that requires the examiner of titles to approve legal descriptions in <br />this matter, but it probably is good practice to ask the registrar to pre-approve the legal descriptions as proposed <br />for the minor subdivision. <br /> <br />Please feel free to contact me with any questions you may have regarding this matter. <br /> <br />SJR:jms <br /> <br />SCOTT J. RIGGS <br />Attorney at Law <br />Direct Dial (612) 337-9260 <br />Email: sriggs@kennedy-graven.com