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2004_1206_Packet
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2004_1206_Packet
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The Owner and Applicant is requesting a corrective minor subdivision. When the <br />properiy was purchased in 1965, the Owner intended to acquire properiy along Hannline Avenue <br />to a depth of 315 feet. The property was described as the East 315 feet of the parceL However, <br />in the legal description on the deed, the 315 feet ran from the centerline of Hamline Avenue, <br />rather than from the West line of the Hamline Avenue right-of-way. Attached is a 1967 survey <br />of Milner W. Carley & Associates, which sets forth the properiy that the Seller and Owner <br />thought was being conveyed. For some reason, the legal description on the survey, which was <br />the correct one, was not used. The result is a 33 foot gap between the O'Halloran & Murphy Co. <br />properiy and the properiy now owned by North American Banking Company. <br />Attached is a recent survey by Sunde Land Surveying, LLC, which shows the properiy as <br />actually conveyed. It is the 33 feet east of the property described in the survey that is at issue. <br />._.. <br />wesfi <br />According to the title insurance company, this 33 foot strip is in the name of William A. <br />Elling, who is now deceased. We have reached an agreement with the heirs of Mr. Elling to <br />convey the properiy to O'Halloran & Murphy Co. The Personal Representative's Deed and <br />other closing documents are in the process of being prepared. <br />We have also reached an agreement with North American Banking Company to obtain <br />from them a quit claim deed to the property which includes this 33 foot strip. A copy of the <br />proposed deed is attached. According to the title company, the recording of these two deeds will <br />correct the title problem. <br />� i�airni <br />
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