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COUNTY OF ,,ANOKA <br /> Office of the Examiner of Titl <br />COURTHOUSE ANOKA, MINNESOTA 55303 612-422-7485 <br /> <br /> James J. Pauly <br /> Examiner of Titles <br /> <br />I <br />! <br /> <br />April 10, 1997 <br /> <br />Medard B. Kaisershot, Esq. <br />5701 Kentucky Avenue North, Suite 180 <br />Crystal, MN 55428-3370 <br /> <br />i <br />! <br /> <br />re.' <br /> <br />Request of an Examiner's Directive <br />File No. D-97-18 (D) <br />Your file No. 1067-1 <br /> <br />Dear Mr. Kaisershot: <br /> <br />I <br />I <br />I <br />I <br /> <br />I have enclosed an examiner's directive for filing on Certificate of Title No. 64842 which removes <br />from future certificates the recital regarding the removal of woods. You should file this directive with <br />the registrar of titles at your earliest opportunity. The filing fee is $19.50. <br /> <br />The recital <br />the City of <br />stipulation <br /> <br />regarding the use of Bison Street cannot be removed by directive without something from <br />Ramsey showing that the "covenant" has terminated. In that connection, I note that the <br />referenced in the recital imposes the following obligation on the City: <br /> <br />5o d. <br /> <br />[City of Ramsey] agrees that contemporaneously with any relocation of the roadway, <br />that it shall take the necessary legal proceedings to vacate the encroaching portion of <br />the roadway as public road, said proceedings to be at no direct cost to the applicants, <br />and to effectuate a conveyance thereof to the applicants. (Emphasis added.) <br /> <br />I <br />i <br />I <br />I <br /> <br />Since this road has not been dedicated, and Certificate of Title No. 64842 contains no reference <br />thereto apart from the recital, I do not think that vacation and reconveyance is required. As I <br />mentioned in our telephone conversation, however, I think that the City Council of the City of <br />Ramsey should act by resolution to authorize the mayor and city administrator to execute an <br />appropriate release. The "best" releases are very specific as to effect, containing statements by the <br />releasing party similar to the following: "The registrar of titles of Anoka County is accordingly <br />authorized and directed by the filing of this release to omit from future certificates of title the recital <br />of the covenant regarding the use of Bison Street, as set forth in Stipulation dated June 4, 1982, and <br />liled June 16, 1982 in Torten case No. T-2562". A certified copy of the resolution and the original <br />release can then be filed with the registrar o£ titles for the purpose of removing the recital. <br /> <br />I <br />I <br /> <br />Affirmative Action / Equal Opportunity Employer <br /> <br /> <br />