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HomeMy WebLinkAbout[04] Heartland Title, Title CommittmentISSUED BY HEARTLAND TITLE, LLC 18 15th Ave S, Saint Cloud, MN 56301 AS ISSUING AGENT FOR OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Commitment Number: 1141517 SCHEDULE A 1. Effective Date: June 27, 2011 at 08:00 AM 2. Policy or Policies to be issued: (a) Owner's Policy Proposed Insured: (b) Loan Policy Proposed Insured: ( ALTA Own. Policy (06/17/06) ) ( ALTA Loan Policy (06/17/06) ) 3. The estate or interest in the land described or referred to in this Commitment is Fee Simple. 4. Title to the Fee Simple estate or interest in the land is at the Effective Date vested in: College of St. Benedict, a Minnesota corporation Amount $ 0.00 5. The land referred to in the Commitment is Abstract Property situated in Stearns County, State of Minnesota and is described as follows: SEE EXHIBIT A ATTACHED HERETO FOR REFERENCE PURPOSES ONLY: The company has not verified, does not insure, and makes no representation that the information below is about the above insured property. According to insured's representation or vesting instrument(s), the street address and pin /tax ID # of the property have been represented to the company as follows: Subject Property Address: xxxx County Road 121, St. Joseph, MN 56374 PIN/Tax ID #: SEE SCHEDULE B -2 Heartla d Title, LLC By: 1 V earl nd Title, LLC ALTA Commitment Schedule A (6/17106) (1 141517.PFD/1 14151714) Real property located at Stearns County, Minnesota legally described as: Parcel I: (A) The Southeast Quarter of the Southwest Quarter (SE1 /4 SW 1/4) of Section Ten (10), in Township One Hundred Twenty-four (124) North, of Range Twenty -nine (29) West in Steams County, Minnesota; and (B) That part of the Southeast Quarter of the Southwest Quarter (SEI /4 SWI /4) of Section 10, Township 124 North, Range 29 West lying northerly of Line A, easterly of Line B, and lying southerly of a line 33.00 feet southerly of, measured at a right-angle to, and parallel with Centerline A, described as follows: Line A Beginning at the point of intersection of the east line of said SE1 /4 SW1 /4 with the northerly line of Callaway Street, as platted in GRACEVIEW ESTATES, according to the recorded plat thereof as is on file in the office of the County Recorder, Stearns County, Minnesota, basis of bearing assumes the east line of said SE1 /4 SWI /4 bears South 00 degrees 1 -1 minutes 13 seconds East; thence South '89 degrees 07 minutes 21 seconds West for 662.68 feet and there terminating said Line A. Line B Commencing at the point of intersection of the east line of said SE1 /4 SWI /4 with the northerly line of Callaway Street, as platted in GRACEV1EW ESTATES, according to the recorded plat thereof as is on file in the office of the County Recorder, Stearns County, Minnesota, basis of bearing assumes the east line of said SE1 /4 SWI /4 bears South 00 degrees 11 minutes 13 seconds East; thence South 89 degrees 07 minutes 21 seconds West for 662.68 feet to the point of beginning of said Line B; thence North 00 degrees 11 minutes 13 seconds West for 276.00 feet and there terminating said Line B; and (C) That part of the Southeast Quarter of the Southwest Quarter (SEI /4 SW1 /4) of Section 10, Township 124 North, Range 29 West lying westerly of Line B, southerly of Line C, and lying northerly of a line 33.00 feet northerly of, measured at a right angle to, and parallel with Centerline A, described as follows: Line B Commencing at the point of intersection of the east line of said SEI /4 SWI /4 with the northerly line of Callaway Street, as platted in GRACEVIEW ESTATES, according to the recorded plat thereof as is on file in the office of .the County Recorder, Steams County, Minnesota, basis of bearing assumes the east line of said SE1 /4 SWI /4 bears South 00 degrees 11 minutes 13 seconds East; thence South 89 degrees 07 minutes 21 seconds West for 662.68 feet to the point of beginning of said Line B; thence North 00 degrees 1 I minutes 13 seconds West for 276.00 feet and there terminating said Line B. Line C Commencing at the point of intersection of the east line of said SEI /4 SW1 /4 with the northerly line of Callaway Street, as platted in GRACEVIEW ESTATES, according to the recorded plat thereof as is on file in the office of the County Recorder, Stearns County, Minnesota, basis of bearing assumes the east line of said SE1 /4 SW1 /4 bears South 00 degrees 11 minutes 13 seconds East; thence South 89 degrees 07 minutes 21 seconds West for 662.68 feet; thence North 00 degrees 11 minutes 13 seconds West for 276.00 feet to the point of beginning of said Line C; thence North 89 degrees 54 minutes 13 seconds West for 612.83 feet to the point of intersection with the easterly right -of -way line of County Road 121, as platted in STEARNS COUNTY RIGHT OF WAY PLAT NUMBER 19, according to the recorded plat thereof as is on file in the office of the County Recorder, Stearns County, Minnesota; thence continue South 89 degrees 54 minutes 13 seconds West for 41.63 feet to the point of intersection with the west line of said SE1 /4 SW1 14 and there terminating said Line C. Centerline A Beginning at the point of intersection of the east line of said SE1 /4 SW1 /4 with the centerline of Callaway Street, as platted in GRACEVIEW ESTATES, according to the recorded plat thereof as is on file in the office of the County Recorder, Steams County, Minnesota, basis of bearing assumes the east line of said SE1 /4 SW1 /4 bears South 00 degrees 11 minutes 13 seconds East; thence South 89 degrees 07 minutes 21 seconds West for 278.00 feet; thence westerly along a tangential curve, concave to the north, radius 600.00 feet, central angle 36 degrees 17 minutes 50 seconds, 380.10 feet; thence North 54 degrees 34 minutes 50 seconds West along a line tangent to last described curve for 84.47 feet; thence westerly along a tangential curve, concave to the south, radius 600.00 feet, central angle 35 degrees 19 minutes 23 seconds 369.90 feet; thence South 89 degrees 54 minutes 13 seconds West along a line tangent to last described curve for 225.67 feet to the point of intersection with the easterly right -of -way line of County Road 121, as platted in STEARNS COUNTY RIGHT OF WAY PLAT NUMBER 19, according to the recorded plat thereof as is on file in the office of the County Recorder, Stearns County, Minnesota; thence continue South 89 degrees 54 minutes 13 seconds West for 42.00 feet to the point of intersection with the west line of said SE1 /4 SW1 /4 and there terminate said centerline. LESS AND EXCEPT: That part of Lot 31 of Auditor's Subdivision No. 4, Village of St. Joseph, and part of the SE1 /4 SW1 /4 of Section 10, Township 124 North, of Range 29 West, described as follows: Commencing at the Northwest Comer of said Quarter - Quarter; thence continuing along said North line East 1,312.28 feet to the Northeast Comer of said Quarter - Quarter, thence along the East line of said Quarter- Quarter; South 00 °20' West 686.0 feet; thence West 662.68 feet; thence North 00 120' East, 276 feet; thence South 89 15T West, 663.28 feet to a point on the West line of said Quarter- Quarter; thence along said West line, North 1 010' East, to the point of beginning; and being subject to an existing Partial Road Right of Way along the West line thereof; all being in Steams County, Minnesota; and 2. (To City for Callaway road) That part of the Southeast Quarter of the Southwest Quarter (SE1 /4 SW1 /4) of Section 10, Township 124 North, Range 29 West lying westerly of Line B, southerly of Line C, and lying northerly of a line 33.00 feet northerly of, measured at a right angle to, and parallel with Centerline A, described as follows: Line B Commencing at the point of intersection of the east line of said SE1 14 SW1 /4 with the northerly line of Callaway Street, as platted in GRACEVIEW ESTATES, according to the recorded plat thereof as is on file in the office of the County Recorder, Steams County, Minnesota, basis of bearing assumes the east line of said SE1 /4 SW1 /4 bears South 00 degrees 11 minutes 13 seconds East; thence South 89 degrees 07 minutes 21 seconds West for 662.68 feet to the point of beginning of said Line B; thence North 00 degrees 11 minutes 13 seconds West for 276.00 feet and there terminating said Line B. 2 Line C Commencing at the point of intersection of the east line of said SE1 /4 SW1 /4 with the northerly line of Callaway Street, as platted in GRACEVIEW ESTATES, according to the recorded plat thereof as is on file in the office of the County Recorder, Steams County, Minnesota, basis of bearing assumes the east line of said SE1 /4 SW1 /4 bears South 00 degrees 11 minutes 13 seconds East; thence South 89 degrees 07 minutes 21 seconds West for 662.68 feet; thence North 00 degrees 11 minutes 13 seconds West for 276.00 feet to the point of beginning of said Line C; thence North 89 degrees 54 minutes 13 seconds West for 612.83 feet to the point of intersection with the easterly right -of -way line of County Road 121, as platted in STEARNS COUNTY RIGHT OF WAY PLAT NUMBER 19, according to the recorded plat thereof as is on file in the office of the County Recorder, Stearns County, Minnesota; thence continue South 89 degrees 54 minutes 13 seconds West for 41.63 feet to the point of intersection with the west line of said SE1 /4 SW1 /4 and there terminating said Line C. Centerline A Beginning at the point of intersection of the east line of said SE1 /4 SW1 /4 with the centerline of Callaway Street, as platted in GRACEVIEW ESTATES, according to the recorded plat thereof as is on file in the office of the County Recorder, Stearns County, Minnesota, basis of bearing assumes the east line of said SE1 /4 SW1 /4 bears South 00 degrees 11 minutes 13 seconds East; thence South 89 degrees 07 minutes 21 seconds West for 278.00 feet; thence westerly along a tangential curve, concave to the north, radius 600.00 feet, central angle 36 degrees 17 minutes 50 seconds, 380.10 feet; thence North 54 degrees 34 minutes 50 seconds West along a line tangent to last described curve for 84.47 feet; thence westerly along a tangential curve, concave to the south, radius 600.00 feet, central angle 35 degrees 19 minutes 23 seconds 369.90 feet; thence South 89 degrees 54 minutes 13 seconds West along a line tangent to last described curve for 225.67 feet to the point of intersection with the easterly right -of -way line of County Road 121, as platted in STEARNS COUNTY RIGHT OF WAY PLAT NUMBER 19, according to the recorded plat thereof as is on file in the office of the County Recorder, Stearns County, Minnesota; thence continue South 89 degrees 54 minutes 13 seconds West for 42.00 feet to the point of intersection with the west line of said SE1 14 SW1 /4 and there terminate said centerline. Parcel II: The Northeast Quarter of the Northwest Quarter (NE1 /4 NW 1/4) of Section Fifteen (15), in Township One Hundred Twenty-four (124) North, of Range Twenty-nine (29) in Stearns County, Minnesota: LESS AND EXCEPT: That part of the Northeast Quarter of the Northwest Quarter (NE1 14 NW1 /4) of Section 15, Township 124 North, Range 29 West lying southerly of the following described line: Commencing at the southeast comer of said NE1 /4 NW1 /4; thence northerly along the east line of said NE1 /4 NW1 /4 on an assumed bearing of North 00 degrees 58 minutes 54 seconds West for 60.00 feet to the point of beginning of the line to be described; thence South 89 degrees 00 =minutes 08 seconds West, on a line parallel to and 60.00 feet northerly-of the south line of said NE1 14 NW1/4, for 367.71 feet; thence westerly along a tangential curve concave to the north having a central angle of 24 degrees 09 minutes 26 seconds and a radius of 690.00 feet for 290.92 feet; thence North 66 degrees 50 minutes 26 seconds West, tangent to said curve, for 201.15 feet; thence along a tangential curve concave to the south having a central angle of 24 K: degrees 13 minute §53 seconds and a radius of 810.00 feet for 342.57 feet; thence South 88 degrees 55 minutes 41 seconds West, tangent to'sald curve, for 150.29 feet to the west line of said NE1 /4 NW1 14 and there terminate said line. Containing 4.383 acres, more or less. Subject to roadway easements over the westerly and southerly parts thereof and any other easements of record. Less and except the following tract described in Book 346 of Deeds, Page 527, as on file and of record in the Office of the Stearns County Recorder. A tract of land in the Northwest Quarter (NW1 14) of Section Fifteen (15), Township One Hundred Twenty -four North (124N), Range* Twenty-nine West (29W) described as follows: Beginning at a point in the East right of way line of County Road No. 121 that is 1352.9 feet north and 33 feet East of the Southwest comer of the Southeast Quarter (SW1 /4 NW1 14) of said Section Fifteen (15); thence East 100 feet; thence North 75 feet; thence West 100 feet; thence South 75 feet along said right of way line to the point of beginning. ALSO LESS AND EXCEPT.- Lot 1, Block 1, College Addition, according to the plat thereof, on file and of record in the office of the County Recorder, in and for the County of Steams, Minnesota. ISSUED BY HEARTLAND TITLE, LLC AS ISSUING AGENT FOR OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY COMMITMENT NUMBER 1141517 SCHEDULE B - SECTION I REQUIREMENTS The following requirements must be met: 1. Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. 2. If any Owner's Policy of Title Insurance is not ordered at the closing, Company's "Notice of Availability of Owner's title Insurance" form must be signed by the mortgagors. 3. Company's "Affidavit Regarding Seller" executed by Sellers. 4. Company's "Affidavit Regarding Purchaser" executed by Buyers. 5. The division of farm land may be controlled by Ordinance in this Township or County. Therefore inquiry should be made as to said requirements. ALTA Commitment Schedule B - Section 1(06/16/06) (1141517.PFD/1141517/5) ISSUED BY HEARTLAND TITLE, LLC AS ISSUING AGENT FOR OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY COMMITMENT NUMBER 1141517 SCHEDULE B - SECTION II EXCEPTIONS Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 2. Facts which would be disclosed by a comprehensive survey of the premises herein described. 3. Rights and claims of parties in possession. 4. Mechanics', Contractors' or Materialmen's liens and lien claims, if any, where no notice thereof appears of record. 5. Liens or deferred charges not shown on the tax roll, for installations and connection of water and sewer laterals, mains and service pipes. 6. Special taxes or assessments, if any, payable with taxes levied or to be levied for the current and subsequent years. 7. Rights of others.thereto entitled in and to the continued uninterrupted flow of water through ditches crossing insured premises or along the boundary line, if any. 8. Taxes and special assessments not yet due and payable. Real Estate taxes due and payable for 2011 in the amounts of $12,322.00 and $16,918.00 are HALF PAID. Base tax: $2,674.72 and $4,074.90. Non - homestead. Parcel Nos. 84.53430.0100 and 84.53433.0060. Taxes for 2010 and prior years are paid. Levied Assessments to: 2002 Street Imp 2002 Interior Street Imp Amount certified to 2011 taxes: $9,647.28 and $12,843.10 9. Levied and pending special assessments, if any. 10. Terms and conditions of Order Annexing premises to the City of St. Joseph as described by Order dated December 21, 2000, filed December 26, 2000, as Doc. No. 955243. 11. Terms and conditions of Distribution Line Easement in favor Stearns Cooperative Electric Association as described by instrument dated October 28, 2004, filed December 14, 2004, as Doc. No. 1136818. 12. Terms and conditions of Utility and Drainage Easement in favor of the City of St. Joseph as described by instrument dated January 12, 2005, filed February 16, 2005, as Doc. No. 1143721. ALTA Commitment Schedule B - Section If (06/16106) (1141517.PFD/1141517/6) COMMITMENT NUMBER 1141517 SCHEDULE B - SECTION 11 EXCEPTIONS (Continued) 13. Easement for powerline purposes in favor of Stearns Cooperative Electric Association as described by instrument dated January 16, 1939, filed September 25, 1939, in Book Z of A & A, page 309. Above easement partially released by instrument dated November 7, 1997, filed November 14, 1997, as Doc. No. 858673. 14. Terms and conditions of Easement for Private Road Right of Way Purposes as described by instrument dated November 4, 1925, filed November 5, 1925, in Book 36 of Misc., page 645. 15. Terms and conditions of Easement for Common Road as described by instrument dated October 14, 1914, filed December 17, 1915, in Book 152 of Deeds, page 756. 16. Terms and conditions of Easement for Pipeline Purposes in favor of Northern Natural Gas Company as described by instrument dated March 1, 1966, filed October 3, 1966, in Book 45 of A & A, page 47. Above Easement ultimately assigned to Northern Natural Gas Company by instrument dated December 14, 1990, filed February 14, 1991, as Doc. No. 691268. 17. Terms and conditions of Easement for Electric Distribution Lines in favor of Stearns Cooperative Electric Association as described by instrument dated July 29, 1982, filed October 26, 1983, as Doc. No. 559043. 18. Rights of tenants under unrecorded leases, if any. 19. Easement for public roads as located and traveled across premises. 20. NOTE: If there are any questions concerning this title commitment, please call Heartland Title at 320 - 253 -8860. ALTA Commitment Schedule B - Section 11 (06116/06) (1 141517.PFD/1 14151716)