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FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(612) 571-3450 • FAX (612) 571-1287
September 25, 1990
David A. and Barbara J. Omlie
1423 Gardena Avenue N.E.
Fridley, MN 55432
Subject: Title Clearing Agreement
Dear Mr. and Mrs. Omlie:
Item #3 of the second "WHEREAS" of the Title Clearing Agreement dated October
13, 1989 requires the City of Fridley to provide an affidavit or other
appropriate document stating that the special use permit, SP #88-17, to
permit a church at the former Gardena Elementary School does not affect your
property. This is to verify that the special use permit, SP #88-17, and
recorded as Document #860135 does not pertain to your property.
Please note that our records indicate the Document number is different than
which is stated in the Title Clearing Agreement. However, the intent of Item
#3 is to clear this particular item from your title.
Should you need further information, please feel free to contact me.
Sincerely,
Barbara Dacy, AICP
Planning Coordinator
C-90-791
STATE OF MINNESOTA )
)ss
COUNTY OF ANOKA )
The foregoing instrument was acknowledged before me this day of
, 1990, by Barbara Dacy.
Notary Public
/
TZTLE CLEARING AGREEMENT
THIS AGREEMENT, made this 13th day of October , 1989, by
and between Becky A. Kindom, single, Selier, and David A. Omlie and
Barbara J. Omiie, husband and wife, Purchasers, under that certain
Contract for Desd of even date here�ith for.the conveyance of the
foliowing described reai property:
The Sast 100 feet of the South 200 feet of Lot 3,
Meloiand Gardens, except the East 5 feet thereof, Anoka
County, Minnesota.
WHEREAS, Seller has an obligation in the Purchase Agreement
for this transection to provide Purchasers with marketable title
to the above-described property; � . _ ,
WHEREAS, Jensen, Weyiand & McCloskey, P.A., attorneys for
Purchasers, have enemined title to subject property and have
identified title problems as evidenced by Title Opinion of even
date herewith, which title problems are summarized as follows:
1. It will be necessary to obtain a survey of subject premises
to determine whether a gap of overiap eaists between the
subject premises and premises described as:
The Nozth 330.6 feet of Lot 3, Meloland Gardens.
2. Subject to the interest of Dean A. Johnson and Ann M. Johnson,
Grantees in Warranty Deed filed as Document No. 713057, as to
the South 200 feet of Lot 3, Meioland Gardens, eucept the East
100 feet iying within the North 330 feet of said Lot 3. Said
legal description is ambiguous, and if it cannot be located
by a surveyor, it will be necessary to clear the interest of
said Dean A. Johnson and Ann M. Johnson in the subject
premises.
3. it will be neceasary to obtain an affidavit or other
appropriate document from the City of Fridley which evidences
that Special Use Permit, SP No. 88-17, recorded as Document
No. 848780, does not affect the subject premises and that the
legai description used on said document which included all of
Lot 3, Meioiand Gardens, was erroneous.
WHEREAS, it wiil be necessary for Selier to obtain a survey
of the subject premises and may be necessary for Seller to obtain
other necessary documents to clear title;
WHEREAS, to guarantee to Purchasers and to Jensen, Weyland &
McCioskey, P.A., that the title to the above-described property
will be perfected and cleared.
NOW, THEREFORE, the parties agree as follows:
1. Seller agrees to obtain a survey as required in the Title
Opinion referenced herein.
2. Selier wiil submit a survey to Purchasers for Purchasers'
review and pos�ible further requirements. Seller will do all
those things necessary to ciear any titie defects disclosed
by said survey.
3. Seiler will obtain the affidavit from the City of Fridiey as
required herein, or any other appropriate docwnent which will
clear the objection regarding Special Use Permit, recorded as
Document No. 848780.
4. If Seller does not complete the items described at Nos. 1, 2
and 3 above within twelve months from the date hereof, Selier
agrees that Purchasers' Contract for Deed paymenta, commencing
with the Contract for Deed payment due in the 13th month,
shall then be paid into the escrow account of The
Professionais, Inc., or the escrow truat account of an
attorney of Purchasers' choice, and in subsequent months shail
continue to be paid into said escrow trust account untii the
title hae been cieared to the satisfaction of the Purchasers
and the Purchasers' attorneys.
5. If Seiler does not complete the above required actions within
24 months from the date hereof, then Purchasers and their
attorney are authorized to complete aii actions necessary to
ciear the above-described title defects and make titie
marketable, and the cost thereof shali be paid from the funds
deposited in the escrow trust eccount. Seller agrees to pay
the total costs of perfecting title, including all surveying
•costs and court costs necessary in perfecting the titie.
6. J111 of Seiler's funda which may be held in said escrow truat
account of The Professionals, Inc., or the attorney of
Purchasers, shall be placed in an interest-bearing savings
account whlch shali bear the name of 8ecky A. Kindom, pursuant
to the terais of this agreement. If Purchasers are required
to take over and complete the actions necessary to clear
• title, then any interest accrued on the escrow account shali
be made a part of the funds available to Purchasers to
complete the title clearing work and to perfect the title.
7. Selier's obiigations under this agreement shall be binding
upon her heirs, successors and assigns, and shall inure to the
benefit of the heirs, successors and assigns of Purchaaers.
IN WITNSSS WHfiREOF, the foregoiag instrwnent was eaecuted the
day and year first above written.
STATE OF MINNSSOTA
COUNTY OF �'Y
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Dsvid A. Omlie
��a�►a � �n1
ara J. mlie
The foregoing instrument was acknowledged before me thia 13th
day of � , 1989, by Becky A. indom.
STATE OF MINNESOTA )
)SS
COUNTY OF Ramse )
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Notary Publ
NANCY E. KNEEL4ND
ry%i �� :k. Notary Public - Minnosota
;%�c R`-'� Ramsey County
`v�?!.? My Comn+isswn Exp�res 5-10-91
The foregoing instrument was acknowiedged before me this 13th
day of Octoher , 19 89, by David A. Omlie and Barbare J. Om2ie,
husband and wife.
Notary Publi
THIS INSTRt1MENT DRAFTED BY:
Jensen, Weyland & McCloskey, P.A.
8525 Edinbrook Crossing
Brooklyn Park, NIld 55443
(612j 424-8811
Zei�v..�onll-l.ax
�5�. NAMCY E. KNEELAND
3-�� � � ��! Nctary Public - MinneSOta
��e�,��� Ramaey Cou�ty
'`<31� � My Commisswn Exp�res 5-10-91
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