STATE OF MINNESOTA
COUNTY OF SHERBURNE
Case Type: 14
DISTRICT COURT
TENTH JUDICIAL DISTRICT
LAND TITLE SUMMONS IN APPLICATION FOR REGISTRATION OF LAND
Court File No. 71-CV-19-1632
In the Matter of the Joint Application of:
Ray Mulvey and Terry Lynn Scheck, husband and wife, as Joint Tenants;
and
Deirdre Maia Taylor, Inc., a Minnesota corporation;
and
John E. Gilyard and Kristine Gilyard-Kelly, as Trustees of the Virgil E. Gilyard Revocable Trust Agreement dated December 1, 2014;
and
County of Sherburne, Minnesota,
To Register the Title to Certain Land,
Applicants,
To register Title to the Real Property located in Sherburne County, Minnesota and described in attached Exhibit A,
vs.
State of Minnesota, Department of Natural Resources, Opal M. Peterson, New Residential Mortgages LLC, Karianne Faith Loscheider, XYZ Corporation, ABC Partnership, John Doe and Mary Roe, all whose true names are unknown, also all heirs and devisees of any of the above named persons who are deceased; and all other persons or parties unknown, claiming any right, title, estate, lien or interest in the real estate described in the application or amendments therein,
Defendants.
STATE OF MINNESOTA TO THE ABOVE-NAMED DEFENDANTS.
You are hereby summoned and required to answer the Application of the Applicants in the above entitled proceeding and to file your answer to said Application in the Office of the Court Administrator, Sherburne County, within twenty-one (21) days after service of this Summons upon you exclusive of the date of service, and if you fail to answer the Application within the time aforesaid, the Applicants in this proceeding will apply to the Court for the relief demanded therein.
Parcel I:
That part of the Southeast Quarter of the Northeast Quarter of Section 9, Township 35, Range 28, Sherburne County, Minnesota described as follows:
Commencing at the southeast corner of said Southeast Quarter of the Northeast Quarter per Document No. 168031; thence North 02 degrees 03 minutes 36 seconds West, assumed bearing , along the East line of said Southeast Quarter of the Northeast Quarter, a distance of 694.04 feet; thence South 87 degrees 56 minutes 24 seconds West at right angles to said East line, a distance of 148.50 feet to the West line of the East 148 .50 feet of said Southeast Quarter of the Northeast Quarter; thence North 02 degrees 03 minutes 36 seconds West along said West line, a distance of 63.97 feet to intersect a line bearing South 87 degrees 56 minutes 24 seconds West from a point on the East line of said Southeast Quarter of the Northeast Quarter distant 561.00 feet southerly of the northeast comer of said Southeast Quarter of the Northeast Quarter; thence South 87 degrees 56 minutes 24 seconds West, a distance of 8.25 feet to the West line of the East 156.75 feet of said Southeast Quarter of the Northeast Quarter; thence North 02 degrees 03 minutes 36 seconds West, along said West line, a distance of 39.51 feet to the centerline of County State Aid Highway No. 3 as now laid out and traveled; thence continue North 02 degrees 03 minutes 36 seconds West along said West line, a distance of 134.92 feet to the Point of Beginning of the land to be described; thence North 68 degrees 47 minutes 51 seconds West, a distance of99.00 feet; thence South 02 degrees 03 minutes 36 seconds East, a distance of 134.92 feet to the centerline of County State Aid Highway No. 3 as now laid out and traveled; thence North 68 degrees 47 minutes 51 seconds West, a distance of 1150.60 feet; thence northwesterly 15.96 feet along a tangential curve concave to the northeast, having a radius of 1273.24 feet and a central angle of 00 degrees 43 minutes 05 seconds to the West line of said Southeast Quarter of the Northeast Quarter; thence North 02 degrees 11 minutes 28 seconds West, along the West line of said Southeast Quarter of the Northeast Quarter, a distance of 78.66 feet to the Northwest comer of said Southeast Quarter of the Northeast Quarter; thence South 89 degrees 34 minutes 58 seconds East, along said North line, a distance of 1163.90 feet to the West line of the East 156.75 feet of said Southeast Quarter of the Northeast Quarter; thence South 02 degrees 03 minutes 36 seconds East, parallel with said East line of the Southeast Quarter of the Northeast Quarter, a distance of 393.35 feet to the Point of Beginning.
Parcel 2:
That part of the Southeast Quarter of the Northeast Quarter of Section 9, Township 35, Range 28, Sherburne County, Minnesota described as follows:
Commencing at the southeast corner of said Southeast Quarter of the Northeast Quarter per Document No. 168031; thence North 02 degrees 03 minutes 36 seconds West, assumed bearing, along the East line of said Southeast Quarter of the Northeast Quarter, a distance of 694.04 feet; thence South 87 degrees 56 minutes 24 seconds West at right angles to said East line, a distance of 148.50 feet to the West line of the East 148.50 feet of said Southeast Quarter of the Northeast Quarter; thence North 02 degrees 03 minutes 36 seconds West along said West line, a distance of 63.97 feet to intersect a line bearing South 87 degrees 56 minutes 24 seconds West from a point on the East line of said Southeast Quarter of the Northeast Quarter distant 561.00 feet southerly of the northeast comer of said Southeast Quarter of the Northeast Quarter; thence South 87 degrees 56 minutes 24 seconds West, a distance of 8.25 feet to the West line of the East 156.75 feet of said Southeast Quarter of the Northeast Quarter; thence North 02 degrees 03 minutes 36 seconds West, along said West line, a distance of 39.51 feet to the centerline of County State Aid Highway No. 3 as now laid out and traveled and the Point of Beginning of the land to be described; thence continue North 02 degrees 03 minutes 36 seconds West along said West line, a distance of 134.92 feet; thence North 68 degrees 47 minutes 51 seconds West, a distance of 99.00 feet; thence South 02 degrees 03 minutes 36 seconds East, a distance of 134.92 feet to the centerline of County State Aid Highway No. 3 as now laid out and traveled; thence South 68 degrees 47 minutes 51 seconds East along said centerline, a distance of 99.00 feet to the point of Beginning.
Parcel 3:
That part of the Southeast Quarter of the Northeast Quarter of Section 9, Township 35, Range 28, Sherburne County, Minnesota described as follows:
Commencing at the southeast comer of said Southeast Quarter of the Northeast Quarter per Document No. 168031; thence North 02 degrees 03 minutes 36 seconds West, assumed bearing, along the East line of said Southeast Quarter of the Northeast Quarter, a distance of 694.04 feet; thence South 87 degrees 56 minutes 24 seconds West at right angles to said East line, a distance of 148.50 feet to the West line of the East 148.50 feet of said Southeast Quarter of the Northeast Quarter; thence North 02 degrees 03 minutes 36 seconds West along said West line, a distance of 16.62 feet to the Point of Beginning of the land to be described; thence continue North 02 degrees 03 minutes 36 seconds West along said West line, a distance of 47.35 feet to intersect a line bearing South 87 degrees 56 minutes 24 seconds West from a point on the East line of said Southeast Quarter of the Northeast Quarter distant 561.00 feet southerly of the northeast corner of said Southeast Quarter of the Northeast Quarter; thence South 87 degrees 56 minutes 24 seconds West, a distance of 8.25 feet to the West line of the East 156.75 feet of said Southeast Quarter of the Northeast Quarter; thence North 02 degrees 03 minutes 36 seconds West, along said West line, a distance of 39.51 feet to the centerline of County State Aid Highway No. 3 as now laid out and traveled; thence North 68 degrees 47 minutes 51 seconds West along said centerline, a distance of 344.23 to the West line of the East 473.00 feet of said Southeast Quarter of the Northeast Quarter; thence South 02 degrees 03 minutes 36 seconds East, along said West line, a distance of 237.91 feet to intersect a line bearing South 85 degrees 16 minutes 38 seconds West from the Point of beginning; thence North 85 degrees 16 minutes 38 seconds East, a distance of 324.85 feet to the Point of Beginning.
Parcel 4:
That part of the Southeast Quarter of the Northeast Quarter of Section 9, Township 35, Range 28, Sherburne County, Minnesota described as follows:
Commencing at the southeast comer of said Southeast Quarter of the Northeast Quarter per Document No. 168031; thence North 02 degrees 03 minutes 36 seconds West, assumed bearing, along the East line of said Southeast Quarter of the Northeast Quarter, a distance of 694.04 feet; thence South 87 degrees 56 minutes 24 seconds West at right angles to said East line, a distance of 148.50 feet to the West line of the East 148.50 feet of said Southeast Quarter of the Northeast Quarter; thence South 02 degrees 03 minutes 36 seconds East along said West line, a distance of 115.23 feet to a Judicial Landmark placed pursuant to Sherburne County Court Case No. 71-Cl- 06-1873 and the Point of Beginning of the land to be described; thence South 87 degrees 56 minutes 24 seconds West, a distance of 324.50 feet to a Judicial Landmark placed pursuant to Sherburne County Court Case No. 71-Cl-06-1873 and the West line of the East 473.00 feet of said Southeast Quarter of the Northeast Quarter; thence North 02 degrees 03 minutes 36 seconds West, along said West line, a distance of 116.76 feet; thence North 85 degrees 16 minutes 38 seconds East, a distance of 324.85 feet to the West line of the East 148.50 feet of said Southeast Quarter of the Northwest Quarter; thence South 02 degrees 03 minutes 36 seconds East, a distance of 131 .85 feet to the Point of Beginning.
Parcel 5:
That part of the Southeast Quarter of the Northeast Quarter of Section 9, Township 35, Range 28, Sherburne County, Minnesota described as follows:
Commencing at the southeast comer of said Southeast Quarter of the Northeast Quarter per Document No. 168031; thence North 02 degrees 03 minutes 36 seconds West, assumed bearing, along the East line of said Southeast Quarter of the Northeast Quarter, a distance of 694.04 feet; thence South 87 degrees 56 minutes 24 seconds West at right angles to said East line, a distance of 148.50 feet to the West line of the East 148.50 feet of said Southeast Quarter of the Northeast Quarter; thence South 02 degrees 03 minutes 36 seconds East along said West line through a Judicial Landmark placed pursuant to Sherburne County Court Case No. 71-C1-06-1873, a distance of 132.00 feet to a Judicial Landmark placed pursuant to Sherburne County Court Case No. 71-C1-06-1873 and the Point of Beginning of the land to be described; thence North 87 degrees 56 minutes 24 seconds East through a Judicial Landmark placed pursuant to Sherburne County Court Case No. 7 l-Cl-06-1873, a distance of 148.50 feet to the said East line of the Southeast Quarter of the Northeast Quarter; thence North 02 degrees 03 minutes 36 seconds West along said East line, a distance of 195.97 feet to a point on the East line of said Southeast Quarter of the Northeast Quarter distant 561.00 feet southerly of the northeast corner of said Southeast Quarter of the Northeast Quarter; thence South 87 degrees 56 minutes 24 seconds West, a distance of 148.50 feet to the West line of the East 148.50 feet of said Southeast Quarter of the Northeast Quarter; thence South 02 degrees 03 minutes 36 seconds East along said West line through a Judicial Landmark placed pursuant to Sherburne County Court Case No. 71-Cl- 06-1873, a distance of 195.97 feet to the Point of Beginning.
Parcel 6:
That part of the Southeast Quarter of the Northeast Quarter of Section 9, Township 35, Range 28,Sherbume County, Minnesota described as follows:
Commencing at the southeast comer of said Southeast Quarter of the Northeast Quarter per Document No. 168031; thence North 02 degrees 03 minutes 36 seconds West, assumed bearing, along the East line of said Southeast Quarter of the Northeast Quarter, a distance of 758.02 feet to a point 561.00 feet south of the northeast corner of said Southeast Quarter of the Northeast Quarter and the point of beginning; thence South 87 degrees 56 minutes 24 seconds West, a distance of 156.75 feet to the west line of the East 156.75 feet of said Southeast Quarter of the Northeast Quarter; thence North 02 degrees 03 minutes 36 seconds West along said west line of the East 156.75 feet, a distance of567.78 feet to the north line of said Southeast Quarter of the Northeast Quarter; thence South 89 degrees 34 minutes 58 seconds East along the north line of said Southeast Quarter of the Northeast Quarter, a distance of 156.90 feet to the northeast corner of said Southeast Quarter of the Northeast Quarter; thence South 02 degrees 03 minutes 36 seconds East along said East line of the Southeast Quarter of the Northeast Quarter, a distance of 561.00 feet to the point of beginning.
Witness, District Court Administrator, Sherburne County, District Court at Sherburne County Government Center, 13880 Highway 10, Elk River, MN 55330, on March 20, 2020.
/s/ Patricia A. Kuka
SHERBURNE COUNTY DISTRICT
COURT ADMINISTRATOR
/s/ Debra A. Boltjes
Deputy
Approved:
EXAMINER OF TITLES
/s/ David J. Meyers
Examiner of Titles
Dated: March 17, 2020
RINKE NOONAN
David J. Meyers (#0151695)
Suite 300 US Bank Plaza Building
1015 W. St. Germain St.
P.O. Box 1497
St. Cloud, MN 56302-1497
(320) 251-6700
(320) 656-3500 fax
Email: Dmeyers@RinkeNoonan.com
Attorneys for Applicants Ray Mulvey, Terry Lynn Scheck, Deirdre Maia Taylor, Inc., John E. Gilyard and Kristine Gilyard-Kelly, as Trustees
Kathleen A. Heaney
Sherburne County Attorney
13880 Business Center Drive, South 100
Elk River, MN 55330
(736) 765-4725
Email: attorney@co.sherburne.mn.us
Attorney for Sherburne County
(Published in the Citizen-Tribune: 03/28/20; 04/04/20; 04/11/20).