2008-01-24 Title Exam
* Aiso licensed in Illinois
COURl, MACARTHUR &
RUPPE, P.L.L.P.
Attorneys at Law
705 Central Avenue East
PO Box 369
St. Michael, MN 55376-0369
(763) 497-1930
(763) 497-2599 (FAX)
courimacarthur@earthlink.net
Kristen H. Carr
Kyle R. Hartnett
,4),))
.:q,ry
'/41/1 "':e.tp~
'('b~.. :.0
f.l.;f'
Michael C. Couri-
Andrew J. MacArthur
Robert T. Ruppe--
'*AIso licensed in California
January 24,2008
Larry Kruse
City Admin.isztator
City of Albertville
P.O. Box 9
Albertville, MN 55301
Re: Title Examination for Outlot A, Barthel Commercial Park 2nd Addition,
Wright C;ounty, Minnesota.
Dear Mr. Kruse:.
I have on January 24,2008, examinedtll,~~Q,~tr~qt.2fTitlenumber 368,85 dated
December 21, 20Q7al.8:00 a.m., consisting of entries 1 through :62 for that real estate
situated in Wright County, Minnesota, legally described as follows:
Outlot A, Barthel Commercial Park Second Addition, according to plat on file and of
record in the Office of the County Recorder, in and for Wright County, Minnesota.
b~:,~~e~o~: t:~~~e~~e~.:c~i~~t I::Jvr~~~c~~~ty<\:'~.O~d~.~~~~~:~:
entries therein contained, as well as the computerized search, I am of the opinion that at
8:00 a.m. on January 24,2008, a good and marketable title to said property vested in Donald
G. Barthel and Betty L. Barthel, husband and wife, as joint tenants and not as tenants in
common, subject to the following exceptions:
1. A mortgage in favor of the State Bank l....fRogers, dated July 15, 1996 and recorded July
19, 1996 as document number 598669. Saidmortgagesecures a $54,999.39 note of
even date herewith;"Th~consentofthe mOrtga9~e is required to transfe~ the propertY.
2. A 40- foot permanent sanitary sewer easement dated December 3, 1996 and recorded
January 3, 1997 as document number 609799" over part of Outlot A in favor of Kenco
Construction, Inc.~ more fully described on document number 609799.
Mr. Larry Kruse
January 24,2008
Page 2
3. A Drainage Easement Agreement dated June 29, 1998 and recorded July 7, 1998 as
document number 649622 between Donald G. Barthel and Betty L. Barthel, husband
and wife, grantors, and Security State Bank of Maple Lake, grantee, granting a
permanent easement for drainage purposes over an undescribed portion of Outlot A to
allow grantee's surface water runoff to drain into grantor's storm sewer and settling
pond located upon Outlot A.
4. A permanent easement dated April 7, 2000, recorded June 21, 2000 as document
number 711833 granting the City of Albertville the perpetual right, privilege and
easement to construct, install, operate, maintain, use, rebuild or remove sanitary sewers,
water mains and lines and with stub lines as may be attached thereto and for the
operation, maintenance and use of said utilities through, over, under, upon and across the
same 40- foot easement area identified in document number 609799. The easement to
the City of Albertville is shown at document number 711833.
5. A 20-foot wide permanent easement granted to the State Bank of Long Lake, dated
April 24, 2006 and recorded April 26, 2006 as document number 1007126. Said
easement grants the State Bank of Long Lake a 20-foot wide permanent easement for
purposes of installation, maintenance, repair, replacement and use of a storm sewer
main, storm water collection, retention, detention and distribution lines, conduits, pipes
and other related apparatus, under, over and across the easement tract, including the right
of ingress and egress to install, maintain and operate the same.
6. Notice of Trunk Availability Charge dated January 28, 2002, recorded February 13,
2002 as document number 777768 imposing a $6,050 trunk water charge over all
property contained in the plat of Barthel Commercial Park, said charge to be payable to
the Albertville, Hanover and St. Michael Joint Powers Water Board.
7. The terms and conditions of that Developer's Agreement for Barthel's Commercial Park
dated August 27, 1992 and filed of record on October 27, 1992 as document number
514857 between Donald G. Barthel and Betty L. Barthel as husband and wife and the
City of Albertville.
8. I have personal knowledge that Betty L. Barthel passed away on June 5, 2006. Because
the property was held in joint tenancy, title will automatically pass to Donald G. Barthel
upon the filing of an affidavit of survivorship with an attached death certificate
evidencing Betty Barthel's death. This document will need to be filed to put Donald
Barthel in full ownership of the property.
Mr. Larry Kruse
January 24,2008
Page 3
This title opinion is based upon information appearing of record in the above-
described Abstract of Title and in the Wright County Recorder's office. Other searches
performed in connection with this opinion are as follows, all such searches performed
through December 21, 2007:
1. Federal tax liens: None on record for Donald G. Barthel, Betty L. Barthel and Mrs.
Donald G. Barthel with the Wright County Recorder's Office.
2. State tax liens: None on record for Donald G. Barthel, Betty L. Barthel and Mrs.
Donald G. Barthel with the Wright County Recorder's Office.
3. Bankruptcy Proceedings: None on record for Donald G. Barthel, Betty L. Barthel
and Mrs. Donald G. Barthel with the Wright County Recorder's Office.
4. Federal or State Judgments: None on record for Donald G. Barthel, Betty L. Barthel
and Mrs. Donald G. Barthel with the Wright County Recorder's Office.
5. Special Assessments: Special assessments of $122,073.76 and $158,054.85 have
been levied on Outlot A in 2007 and remain outstanding.
6. Delinquent Real Estate Taxes: none
7. 2008 Real Estate Taxes: Both May and October installment are unpaid.
The following items do not appear of record, and thus no opinion is expressed with
regard to these items:
1. Liens, claims or rights arising under the laws or the Constitution of the United States,
which the statutes of this state cannotrequire to appear of record;
2. Any tax or special assessment for which a sale of the land has not been had as of the
date of this letter.
3. Any lease for a period not exceeding three years, when there is actual occupation of
the premises under the lease;
4. All rights in public highways upon the land;
5. Unrecorded mechanic's liens;
Mr. Larry Kruse
January 24, 2008
Page 4
6. State, county, and municipal planning and zoning regulations.
In addition, no opinion is expressed in regard to the condition of the property, the
boundaries of said property, or the proximity of said property in relation to federal, state or
local records concerning flood elevation.
If you have any questions regarding this title opinion, please feel free to contact me.
Sincerely,
J1JJc~
Michael C. Couri
Couri, MacArthur & Ruppe, P.L.L.P.
/
AFFIDAVIT OF IDENTITY AND SURVIVORSHIP
Transfer entered
County Auditor
By
Deputy
STATE OF MINNESOTA.
COUNTY OF WRIGHT
I, ,001111/ Cr, (1tJ0fh II
(Name of Affiant and Address of Affiant)
being first duly sworn, on oath state from personal knowledge:
NAME OF DECEDENT
BETTY L. BARTHEL
That the above named decedent is the person named in the certified copy of
Certificate of Death attached hereto and made a part hereof.
That the name of the survivor is Donald G. Barthel.
That said decedent on date of death was an owner as a joint tenant of the land
legally described as follows:
Outlot A, Barthel Commercial Park Second Addition, according to the plat of
record in the Wright County Recorder's Office, Wright County, Minnesota.
as shown by instrument recorded in Book 79 of Miscellaneous, Page 613, in the
office of the County Recorder of Wright County, Minnesota.
i:(..'fi
'f JvT~rt~t~.i<--- A/' 51 .. ./'~'"
J ',---" (,
SIgnature of Affiant ,
DEATH CERTIFICATE
DECEDENT'S NAME
BETTY LOU BARTHEL
DECEDENT'S ALIAS
SEX, SOCIAL SECURITY
NUMBER, MAIDEN NAME
RESIDENCE (COUNTY AND
CITY,STATE) ...
DATE AND PLACE OF BIRTH
FEMALE
470-42-5441
SCHWEIGERT
WRIGHT
ALBERTVILLE, MINNESOTA
AUGUST 14,1939
RUSH CITY, MINNESOTA
MARITAL STATUS
SPOUSE'S NAME
MARRIED
DONALD G. BARTHEL
PARENT(S) NAME(S)
GEORGE SCHWEIGERT
DATE OF DEATH
PLACE OF DEATH
(COUNTY AND CITY)
FUNERAL HOME
CAUSE OF DEATH
IMMEDIATE
UNDERLYING
OTHER CONTRIBUTING
CONDITIONS
MANNER'
CORONER. MEDICAL
EXAMINER OR PHYSICIAN
NATURAL
ROBERT G SONNTAG, M.D.
8100 34TH AVE SO, P.O. BOX 1309, MAILSTOP 211 06T, MINNEAPOLIS,. MINNESOTA
55440-1309
43A-0008052
THIS IS A TRUE AND OFFICIAL RECORD OF THE DEATH REGISTERED IN THE
OFFICE OF THE STATE REGISTRAR. DA TE FILED: JUNE 07, 2006
11111111111111111111111111111111111111111111/
* 0008.0.52*
DA TE ISSUED: JUNE 09, 2006
~\i.C-~~
STATE REGISTRAR
PLACE ISSUED: MCLEOD