Federal Home Loan Mortgage Corporation v. Sobotta et al

Filing 43

ORDER re 42 Stipulation for Settlement filed by Federal Home Loan Mortgage Corporation. Signed by Senior Judge David S. Doty on 9/21/2015. (DLO)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Civil No. 14-3266-DSD-FLN
Federal Home Loan Mortgage Corporation,
Plaintiff,
v.
ORDER
Bruce A. Sobotta, Loretta P. Sobotta,
CitiMortgage, Inc., Webster Bank, N.A.,
State of Minnesota, United States of America,
Defendants,
Wright County,
Intervenor.

Pursuant to the stipulation entered into by and between Plaintiff Federal Home
Loan Mortgage Corporation (“Freddie Mac”), Defendant Bruce A. Sobotta (“Sobotta”),
Defendant United States of America (the “IRS”), Defendant CitiMortgage, Inc.
(“CitiMortgage”), and Intervenor Wright County, IT IS SO ORDERED:
1.

Plaintiff Federal Home Loan Mortgage Corporation is the owner in fee

simple of the following property, and Sobotta no longer possesses or claims an interest in
the Property other than the right of possession under the terms of the Settlement
Agreement:
Those parts of the Northwest Quarter of the Southeast Quarter, Government
Lot 1 and Government Lot 2 of Section 12, Township 122, Range 27,
Wright County, Minnesota described as follows: Commencing at the
southwest corner of said Government Lot 2; thence on an assumed bearing
of South 89 degrees 35 minutes 16 seconds East along the south line of said
Government Lot 2, a distance of 66.00 feet to the southeast corner of the
West 66.00 feet of said Government Lot 2; thence North 0 degrees 16
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minutes 21 seconds East along the east line of said West 66.00 feet of
Government Lot 2, a distance of 770.20 feet; thence South 89 degrees 35
minutes 16 seconds East, a distance of 504.02 feet to the point of beginning
of the land to be described; thence North 52 degrees 55 minutes 51 seconds
East, a distance of 598.89 feet; thence North 23 degrees 37 minutes 46
seconds East, a distance of 1343.84 feet to the southwest line of a township
road, thence South 52 degrees 49 minutes 11 seconds East along said
southwest line, a distance of 67 .89 feet to point hereinafter referred to as
Point A to be described; thence South 23 degrees 37 minutes 46 seconds
West, a distance of 1327.94 feet; thence South 42 degrees 49 minutes 49
seconds East, a distance of 957 feet more or less to the shoreline of Fish
Lake, thence southwesterly along said shoreline, a distance of 673 feet more
or less to the intersection of a line bearing South 42 degrees 49 minutes 49
seconds East from the point of beginning; thence North 42 degrees 49
minutes 49 seconds West, a distance of 925 feet more or less to the point of
beginning. Point A is described as follows: Commencing at the northwest
corner of said Northwest Quarter of the Southeast Quarter; thence South 89
degrees 29 minutes 39 seconds East along the north line of said Northwest
Quarter of the Southeast Quarter, a distance of 1233.52 feet to said
southwest line of a township road; thence South 52 degrees 49 minutes 11
seconds East along said southwest line, a distance of 499.89 feet to said
Point A.
[“16 Acre Parcel” and the “Property”]
2.

The Federal Tax Liens, Wright County Recorder Document Nos. 1178549

and 1178550, are discharged from the above-described 16 Acre Parcel, and the IRS has
no claim to, or interest in, the 16 Acre Parcel.
3.

Before recording a deed or other document conveying its interest in the 16

Acre Parcel, Federal Home Loan Mortgage Corporation shall apply to the Wright County
Auditor for a combination of the tax parcel identification numbers for the abovedescribed 5 Acre Parcel (tax parcel identification number 204100124300) and 11 Acre
Parcel (tax parcel identification number 204100124200), and complete any other
documentation or actions that may become necessary to establish that the 16 Acre Parcel

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is identified by a single tax parcel identification number.
4.

Upon recording of this Order with the Wright County Recorder

establishing that the 16 Acre Parcel is owned entirely by Federal Home Loan Mortgage
Corporation, the 16 Acre Parcel will be in compliance with all Wright County Zoning
Ordinances governing setback and size of accessory buildings and structures.
5.

Pursuant to the previously filed stipulation between Plaintiff Federal Home

Loan Mortgage Corporation and the State of Minnesota, the State Tax Liens, Wright
County Recorder Document Nos. 1185442 and 1195346, have not attached to the 16 Acre
Parcel owned by Federal Home Loan Mortgage Corporation under this Order.
6.

Except for any claims that Wright County may have with regards to any

potential violations of the Minnesota State Building Code, all claims that were or could
have been asserted and filed by and between Freddie Mac, Sobotta, the IRS,
CitiMortgage, and Wright County in this action are hereby dismissed with prejudice
without fees, costs, or disbursements awarded to any party.
7.

Defendant Bruce A. Sobotta, Defendant United States of America,

Defendant CitiMortgage, Inc., and Intervenor Wright County are hereby dismissed with
prejudice without fees, costs, or disbursements awarded to any party.

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8.

Defendants Loretta P. Sobotta and Webster Bank, N.A. have not appeared

in this action or joined in the above-described Stipulation, and therefore Plaintiff’s claims
against those parties, and those parties themselves, are not dismissed from this action.

Dated: September 21, 2015.
s/David S. Doty
David S. Doty, Judge
United States District Court

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