Court File No. 16-CV-25-27
AMENDED LAND TITLE SUMMONS
IN APPLICATION FOR
REGISTRATION OF LAND
In the Matter of the Application of:
David F. Walter, and Susan A. Smieja (a/k/a Susan Ann Smieja, a/k/a Susan Smieja)
To Register Title to the following described real estate situated in Cook County, Minnesota, namely:
SEE LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT A
(the “Property”),
Applicants,
And
In the Matter of the Petition of
David F. Walter, and Susan A. Smieja (a/k/a Susan Ann Smieja, a/k/a Susan Smieja) for certain relief in connection with Certificate of Title Number 10446
vs.
County of Cook, CenturyLink of Minnesota, Inc., Jon David Scully, Jeremy Larson and Johanna Larson, Randall State Bank, State of Minnesota, City of Grand Marais, Arrowhead Electric Cooperative, Inc., Superior Fuel Company, and 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, Cook County, within twenty (20) 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.
Pursuant to Minn. Stat. Sec. 508.16, this Summons may be personally served outside the state of Minnesota upon any Defendants who are a non-resident of Minnesota and who cannot be found within Minnesota.
Witness, District Court Administrator, Cook County, District Court at Cook County Courthouse, 411 West Second Street, Grand Marais, MN 55604, Minnesota, on
, 2025.
COOK COUNTY DISTRICT COURT ADMINISTRATOR
By /s/ Kim Shepard
2025.05.23
Deputy
Approved:
DEPUTY EXAMINER OF TITLES
By:_/s/ David J. Meyers
David J. Meyers
Deputy Examiner of Titles
Dated: May 22, 2025
SMITH LAW, PLLC
By_/s/ Richard T Furlong III
Tyson Smith (#0395670)
Richard T Furlong (#0403157)
1710 W. Hwy 61, PO Box 66,
Grand Marais, MN 55604
218-387-9800
tyson@arrowheadlegal.com
rich@arrowheadlegal.com
Attorneys for Applicants
EXHIBIT A
(Legal Description)
DESCRIPTION OF PROPERTY TO BE REGISTERED – PARCEL 1
All that part of Block 9, VAN BRUNT’S AND LIGHTBODY’S ADDITION TO THE VILLAGE OF GRAND MARAIS, said VAN BRUNT’S AND LIGHTBODY’S ADDITION TO THE VILLAGE OF GRAND MARAIS being more particularly described and dedicated as an Addition to the Town Plat of the Town of Grand Marais, approved and executed by Walter and Mary A. Van Brundt, and John A. Lightbody, surveyed and certified by George R. Stuntz, and recorded as Document No. 508 on March 2, 1889 in the Office of Register of Deeds, County of Cook, State of Minnesota; and that part of vacated Minneapolis Avenue as dedicated in said VAN BRUNT’S AND LIGHTBODY’S ADDITION TO THE VILLAGE OF GRAND MARAIS, described as follows:
Commencing at a found Cast Iron Monument at the Northwest Corner of the Northeast Quarter of Section 21, Township 61, Range 1, as described by Minnesota Department of Transportation Right of Way Plat No, 16-25; thence South 00 degrees 07 minutes 12 seconds East, assumed bearing, along the west line of said Northeast Quarter, a distance of 919.95 feet; thence South 89 degrees 38 minutes 21 seconds East, a distance of 28.00 feet to the west line of said Block 9; thence South 00 degrees 07 minutes 12 seconds East, along said west line, a distance of 75.00 feet to the northerly line of Lot 4, said Block 9 and found 1/2 inch iron rod; thence South 89 degrees 38 minutes 21 seconds East along said northerly line, a distance of 58.57 feet to a found 1/2 inch iron rod and the point of beginning of the land to be described; thence South 00 degrees 25 minutes 03 seconds East, a distance of 83.01 feet to a found 1/2 inch iron rod and the northerly right of way line of Cook County Road Number 7 as monumented; thence continuing South 00 degrees 25 minutes 03 seconds East, a distance of 33.47 feet to the center line of said Cook County Road Number 7; thence North 79 degrees 57 minutes 41 seconds East along said center line, a distance of 76.98 feet to the southerly extension of the of the westerly line of Lot 32, said Block 9; thence North 00 degrees 07 minutes, 12 seconds West, a distance of 102.58 feet to said northerly line of Lot 4; thence North 89 degrees 38 minutes 21 Seconds West along said northerly line, a distance of 76.44 feet to the point of beginning.
Subject to an easement for right of way purposes over the southerly 33 feet of the above described property.
DESCRIPTION OF PROPERTY TO BE REGISTERED – PARCEL 2
All that part of Block 9, VAN BRUNT’S AND LIGHTBODY’S ADDITION TO THE VILLAGE OF GRAND MARAIS, said VAN BRUNT’S AND LIGHTBODY’S ADDITION TO THE VILLAGE OF GRAND MARAIS being more particularly described and dedicated as an Addition to the Town Plat of the Town of Grand Marais, approved and executed by Walter and Mary A. Van Brundt, and John A. Lightbody, surveyed and certified by George R. Stuntz, and recorded as Document No. 508 on March 2, 1889 in the Office of Register of Deeds, County of Cook, State of Minnesota; and that part of vacated Minneapolis Avenue as dedicated in Said VAN BRUNT’S AND LIGHTBODY’S ADDITION TO THE VILLAGE OF GRAND MARAIS, described as follows:
Commencing at a found Cast Iron Monument at the Northwest Corner of the Northeast Quarter of Section 21, Township 61, Range 1, as described by Minnesota Department of Transportation Right of Way Plat No 16-25; thence South 00 degrees 07 minutes 12 seconds East, assumed bearing, along the west line of said Northeast Quarter, a distance of 919.95 feet; thence South 89 degrees 38 minutes 21 seconds East, a distance of 28.00 feet to the west line of said Block 9; thence South 00 degrees 07 minutes 12 seconds East along said west line, a distance of 75.00 feet to the northerly line of Lot 4, said Block 9 and a found 1/2 inch iron rod; thence South 89 degrees 38 minutes 21 seconds East along said northerly line, a distance of 58.57 feet to a found 1/2 inch iron rod and the point of beginning of the land to be described; thence South 00 degrees 25 minutes 03 seconds East, a distance of 83.01 feet to a found 1/2 inch iron rod and the northerly right of way line of Cook County Road Number 7 as monumented; thence continuing South 00 degrees 25 minutes 03 seconds East, a distance of 33.47 feet to the center line of said Cook County Road Number 7; thence North 79 degrees 57 minutes 41 seconds East, along said center line, a distance of 76.98 feet to the southerly extension of the of the westerly line of Lot 32, said Block 9 and the point of beginning of the land to be described; thence continuing North 79 degrees 57 minutes 41 seconds East, along said center line, a distance of 137.05 feet to the easterly line of said Block 9; thence North 00 degrees 07 minutes 12 seconds West along said easterly line, a distance of 185.85 feet to the center line of said vacated Minneapolis Avenue; thence North 89 degrees 38 minutes 24 seconds West along said center line, a distance of 135.01 feet to the northerly extension of said westerly line of Lot 32; thence South 00 degrees 07 minutes 12 seconds East along said northerly extension and said westerly line, a distance of 210.58 feet to the to the point of beginning.
Subject to an easement for right of way purposes over the southerly 33 feet of the above described property.
CITY OF SILVER BAY RESOLUTION NO. 2025-#34
A Resolution to Adopt Section 590, Regulation of Recreational Vehicles in Chapter 5, Nuisances and Offenses
WHEREAS, the Council for the City of Silver Bay does hereby ENACT Ordinance No. 590 to regulate generally the use of recreational vehicles within the City and imposing penalties for violations of said regulations.
The City Council of Silver Bay ordains that Section 590 be adopted and incorporated into Chapter 5 of the City Code as follows:
Section 590 – Regulations of Recreational Vehicles
590.01 Statement of Purpose. The purpose of this section is to regulate the use of recreational vehicles, campers and other nonpermanent structures for permanent human habitation within the corporate limits of the City of Silver Bay. The City Council specifically finds that the use of recreational vehicles, motorized homes, travel trailers, campers and the like in the city for permanent human habitation is deleterious to the health, safety and welfare not only of the persons residing therein but, additionally, to the public at large. Portable heating devices, nonstandard electrical connections, a lack of approved sanitary facilities including, but not limited to, bathrooms with toilets, sinks or showers or bathtubs and standard kitchen facilities, among other facilities associated with safe places of permanent human habitation, all lend themselves to unhealthful, unsanitary ad hazardous living conditions, if utilized for extended periods of time; occasioned in part because camper vehicles and other nonpermanent structures are not intended for use as places of permanent human habitation and do not adequately provide for the needs associated with human habitation.
590.02 Definitions. The following terms used in this section shall be defined as follows:
Subd. 1. Recreational vehicle. Any vehicular-type structure, primarily used as temporary living quarters for recreation, camping or travel use, or primarily used to transport watercraft. The term includes, without limitation, the following kinds of recreational equipment:
A. Travel trailer. A vehicular, portable structure built on a chassis designed to be used as a temporary dwelling for travel, recreational and vacation use, permanently identified “travel trailer” by the manufacturer and includes those items typically referred to as “fifth wheels”;
B. Pick-up camper. A structure designed primarily to be mounted on a pick-up or truck chassis and with sufficient equipment to render it suitable for use as a temporary dwelling for travel recreational and vacation use;
C. Motorized home. A portable dwelling designed and constructed as an integral part of a self-propelled vehicle, and designed for travel, recreational and vacation use and converted vehicles such as buses, trucks or trailers;
D. Folding tent trailer. A canvas folding structure, mounted on wheels and designed for travel, recreational and vacation use; and
E. Boats and boat trailers. Boats, floats and rafts, plus the normal equipment to transport the same on a street or highway.
590.02 Occupying Recreational Vehicles Within City Limits Prohibited.
A. It shall be unlawful to occupy any motor home, recreational vehicle, camper or trailer for residential purposes anywhere in the City except in a duly established trailer park or mobile home park maintained in accordance with the ordinances of the City, provided that occupying for residential purposes for a period of not more than three months on the owner’s property shall not be considered to be a violation of this section, if occupied while the owners of such recreational vehicle are building, rebuilding or improving their residence. No recreational vehicle may be used as a residence for any period of time on a City street Any use of a recreational vehicle in the /City for any length of time as a residence, shall require a permit from the Zoning Administrator who may grant a renewal upon request for a period not in excess of three months in any calendar year.
B. For recreational vehicles lawfully stationed in designated mobile home or trailer park it shall be unlawful to permit any portion of the recreational vehicle, including “slide outs” to be located closer than ten feet side to side, eight feet end to side or 6 feet end to end from any other recreational vehicle, dwelling home or structure.
590.04. Exceptions.
A. Nothing contained in this article shall be construed to apply to residents and family or friends who come to visit and temporarily occupy a recreational vehicle on developed property, but may only do so for a period of seven (7) days without a permit. Every person residing in a recreational vehicle under this exception in excess of seven (7) days shall do so only by permit from the City.
B. Parking on public streets, alleys, highways and other public places will be permitted during events that have been approved by the City Council.
590.05. Penalty. Any person convicted of violating any provision of this ordinance is guilty of a misdemeanor and shall be punished by a fine not to exceed one thousand dollars ($1,000) or imprisonment for not more than ninety (90) days, or both, plus the cost of prosecution in either case.
The foregoing Resolution offered by Council Member Bautch and, upon the motion, supported by Council Member FitzGerald, was declared adopted this 19th day of May, 2025, by the following roll call vote:
AYES: Member Bautch, Member FitzGerald, Member Hoff, Member DeRosier, Mayor LeBlanc.
NAYES:
ABSENT:
Adopted by the City Council of the City of Silver Bay, Minnesota, on May 19, 2025.
/s/ Richard DeRosier
Richard DeRosier
Acting Mayor
ATTEST:
/s/ Lana Fralich
Lana Fralich
City Administrator
