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FTDIVISION OF PUBLIC RECORDS •' c°° County Recorder �► A-800 Government Center HENNEPIN Minneapolis, MN 55487 LFW January 11, 1983 FROM: Hennepin County Recorder/Registrar of Titles RE: Chapter 507, 1982 Session Laws, Sections 25 F, 26 (Canditional, Use ` Permits - yhmicipalities, Minnesota Statutes 462.3595 and, 462. 36) This notice is in response to the questions being asked by various law firms that handle the business of municipalities in Hennepin County. One concern is what the Recorder and Registrar will accept for recording regard- ing Conditional Use Permits and Variances. The County Recorder will accept certified copies of either of the aforementioned documents and the Registrar will accept only certified copies of the Conditional Use Permits. As a practical matter for all concerned, we would like to see them recorded in the form of certified copies of either a Resolution, or an ordinance, and be in the shortest • form possible, preferably ane page consisting only of 1) the name of the person, or persons, being granted t'he permit or variance, 2) the legal description of the affected land, 3) an expiration date when applicable, and 4) the clerk's certification. For Conditional Use Permits filed in the Torrens office, the legal description ;must conform to that on the certificate of title. You may want to reference a statute number and include a sentence directing anyone examining title to the location of the actual permit, or variance, and any :naps or draw— ings, acccmpanving it. Our offices will accept only those permits, or variances, which have been granted by the municipality, NOT those which have been denied. The TorTens office does not anticipate the need to receive the owner's duplicate certificate of title. Regarding filing fees, we believe that the variance, or permit, benefits the party to whom it was granted and not the municipality, so would NOT be eligible for re- cording without payment of fees under M.S. 386. 77 which requires that the instru- ment by its terms be for the benefit of the subdivision and that it be presented for recording by the same. Please feel free to contact either Bob Baker at 348-3050, or Jan Witkowski at 348-3070 if you wish to discuss any of the above issues, or offer suggestions. We hope this gives you a basis from which you can prepare your documents. RDC:hm HENNEPIN COUNTY an equal opportunity employer