HomeMy WebLinkAboutIV. b. Hudson Title ServeyJohn Hinzman
From:Daniel J. Fluegel [dan@fluegel.com]
Sent:Thursday, October 14, 2010 11:08 AM
Peterson, Mark B.
To:
Cc:John Hinzman; Dave Osberg
Subject:Hudson Survey
HASTINGS HUDSON 2010 PRELIM.pdf; Town of Hastings.pdf
Attachments:
Mark,
I am attaching the pre-final survey. The surveyor will be adding some additional information and graphics and told us that
should be finalized and sent to all parties including CPT today or tomorrow. I would like to discuss a few survey related
matters with you after you have had an opportunity to review this document. I am waiting for additional confirmation from
City staff and may need authorization from HEDRA to waive some of the objections, but the following are items I believe
will either need to be discussed further and resolved or which may remain as objections:
1. Exception #18-Dakota County Temporary Easement. This appears on Dakota County Right of Way Map #184 but
there is no termination date for the temporary easement. The plat was recorded in 1996 so I am fairly certain the
temporary easement has expired and Dakota County would provide documentation confirming that. We will ask that a
recordable release be obtained from the County. I propose either you or I contact Mike Ring in the Dakota County
Attorney's Office who should be able to assist with this.
2. Deleted Exception #22-The survey notes two very small gaps exist between legal descriptions in the vesting deeds. I
discussed this at length with the surveyor. I also acknowledge CPT has deleted the exception. I nonetheless need to
ensure this issue will not be a problem when the property is sold to a developer in the future. I propose that there be a
discussion between you, me, the surveyor and the appropriate representative from CPT (perhaps Dave Hillert) so that the
surveyor can describe the basis of his opinion that a gap exists and CPT can describe its basis in deleting the exception.
I expect the outcome of that conversation will either be that the surveyor determines no gap exists or CPT determines it
should restore the exception. If the former, we would waive the objection and if the latter, there would need to be a simple
action to determine adverse claims to determine ownership of the gap areas. That action is something I expect would not
delay closing but funds would need to be escrowed.
3. Exception #13-Spur Track easement. I need to discuss with CPT their basis for deleting the exception. They may
have information that I do not have. The easement does cross a portion of Lot 5, Block 6 and could potentially interfere
with the use of that lot. I need more information on this before making any decision.
Also as noted in the survey, it appears there may be uncertainty whether the legal description used in the purchase
agreement and which refers to the platted lots extends to the shoreline of the Mississippi River. It is the surveyor's
opinion that is does not but the 1855 plat is less than clear in this area. I am attaching a copy of the plat for convenience.
It had been HEDRA's and our understanding that the property being acquired does in fact extend to the river. I do not
know what Hudson's understanding was regarding this area. Hudson has conveyed easement interests to different
parties within this area so I assume they believed they owned to the river. I have had preliminary discussions about this
issue with staff and may request that Hudson deliver a separate quit claim deed conveying any and all interest it may own
in this property. If that would be agreeable, we would need to create a legal description. I would inquire if CPT would be
able to provide title coverage for this area but that may be problematic with the ambiguity created by the plat. I ask that
you comment on this possibility.
I again do not intend to waive any of the existing objections by this writing but instead intend to initiate discussion on these
items. Please give me a call once you have had a chance to review this information.
Daniel J. Fluegel
FLUEGEL LAW FIRM P.A.
999 Westview Drive, Suite 1
Hastings, MN 55033
Phone: (651) 438-9777
Fax: (651) 438-9775
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