2008-07-01 Title Examination
"Also licensed in Illinois
COURI, MACARTHUR &
RUPPE, P.L.L.P.
Attorneys at Law
705 Central Avenue East
POBox 369
St. Michael, MN 55376-0369
(763) 497-1930
(763) 497-2599 (FAX)
courimacarthur@earthlink.net
Kristen H. Carr
Kyle R. Hartnett
Michael C. Couri.
Andrew J. MacArthur
Robert T. Ruppe"
""Also licensed in California
July 1,2008
Larry Kruse
City Administrator
City of Albertville
P.O. Box 9
Albertville, MN 55301
Re: Title Examination for Outlot A, Barthel Commerc al Park 2nd Addition,
Wright County, Minnesota.
Dear Mr. Kruse:
I have on June 27, 2008, examined the Abstract of Title numb r 36885 dated
December 21, 2007 at 8 :00 a.m., consisting of entries 1 through 62 :D r that real estate
situated in Wright County, Minnesota, legally described as follows:
Outlot A, Bprthel Commercial Park Second Addition, accordi g to plat on file and of
record in the Office of the County Recorder, in and for Wright Coun , Minnesota.
I also examined the computerized records at the Wright County ecorder's office from
December 21, 2007 through June 27, 2008. From said Abstract f Title and the entries
therein contained, as well as the computerized search, I am of the 0 inion that at 8:00 a.m.
on June 27, 2008, a good and marketable title to said property vest d in Donald G. Barthel
and Betty L. Barthel, husband and wife, as joint tenants and not s tenants in common,
subject to the following exceptions:
1. A 40-foot permanent sanitary sewer easement dated Decembe 3, 1996 and recorded
January 3, 1997 as document number 609799, over part of Outl t A in favor of Kenco
Construction, Inc., more fully described on document number 60 799.
2. A Drainage Easement Agreement dated June 29, 1998 and re orded July 7, 1998 as
document number 649622 between Donald G. Barthel and Be~ L. Barthel, husband
and wife, grantors, and Security State Bank of Maple Lakf, grantee, granting a
Mr. Larry Kruse
July 1,2008
Page 2
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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
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:
Mr. Larry Kruse
July 1,2008
Page 3
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 paid.
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 cannot require 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;
6. State, county, and municipal planning and zoning regulations.
Mr. Larry Kruse
July 1,2008
Page 4
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.
Michael C. Couri
Couri, MacArthur & Ruppe, P.L.L.P.