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Summons - TODD HAY and LYNDA WELLE


Fri, Nov 5th, 2004
Posted in Legals

State of Minnesota

County of fillmore

in district court

Third judicial District

Civil court division

File No. C8-04-605

SUMMONS

TODD HAY and LYNDA WELLE,

Plaintiffs,

vs.

HELMUT J. ULLRICH; BUSHMAN FAMILY FARMS, INC.; BRIAN D. RISTOW; CONSTANCE E. RISTOW, formerly known as CONSTANCE E. LUND; PAUL A. SPANDE; JANICE SPANDE; JOHN SPANDE; RICHARD W. HESS; ANN HESS; EARL F. HAAS; BEVERLY J. HAAS; MARY J. NAGEL; ROLAND NAGEL; also, the unknown heirs of any of the herein before named defendants who may be deceased; also, all other persons or parties unknown, claiming any right, title, estate, interest or lien in the real estate described in the Complaint herein,

Defendants.

THE STATE OF MINNESOTA TO THE ABOVE-NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED and required to serve upon plaintiffs’ attorney an Answer to the Complaint which is herewith served upon you, the original of which is on file in the Office of the Court Administrator of the above named Court, within twenty (20) days after service of this Summons upon you exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the Complaint.

This action involves, affects, or brings in question real property situated in the County of Fillmore, State of Minnesota, described as follows:

That part of the South Half of the Southeast Quarter of Section 31, Township 102 North, Range 8 West of the Fifth Principal Meridian, Fillmore County, Minnesota, described as follows:

Commencing at the Southeast Corner of said South Half of the Southeast Quarter; thence North 00 degrees 11 minutes 03 seconds East, assumed bearing, along the East line of said South Half of the Southeast Quarter 1068 feet to the point of beginning of the land to be described; thence South 90 degrees 00 minutes 00 seconds West 457.00 feet; thence South 03 degrees 30 minutes 00 seconds West 225.00 feet; thence South 75 degrees 00 minutes 00 seconds West 1030.00 feet; thence South 15 degrees 00 minutes 00 seconds East 150.00 feet; thence North 75 degrees 00 minutes 00 seconds East 400.00 feet; thence South 15 degrees 00 minutes 00 seconds East 30.00 feet; thence North 75 degrees 00 minutes 00 seconds East 808.00 feet, more or less, to the centerline of a creek; thence Northeasterly along the centerline of said creek 288 feet more or less to the East line of said South Half of the Southeast Quarter; thence North 00 degrees 11 minutes 03 seconds East along said East line 254 feet, more or less, to the point of beginning.

Containing 7.4 acres, more or less.

ALSO,

That part of the Southwest Quarter of the Southwest Quarter of Section 32, Township 102 North, Range 8 West of the Fifth Principal Meridian, Fillmore County, Minnesota, described as follows:

Commencing at the Southwest Corner of said Southwest Quarter of the Southwest Quarter; thence North 90 degrees 00 minutes 00 seconds East, assumed bearing, along the South line of said Southwest Quarter of the Southwest Quarter 840.00 feet to the point of beginning of the land to be described; thence North 09 degrees 30 minutes 00 seconds West 774.00 feet;

thence North 80 degrees 38 minutes 26 seconds East 246.90 feet; thence North 09 degrees 21 minutes 34 seconds West 66.00 feet; thence South 80 degrees 38 minutes 26 seconds West 247.07 feet; thence North 09 degrees 30 minutes 00 seconds West 15.00 feet; thence South 90 degrees 00 minutes 00 seconds West 225.38 feet; thence North 06 degrees 45 minutes 00 seconds West 470.07 feet to the North line of said Southwest Quarter of the Southwest Quarter; thence South 89 degrees 58 minutes 22 seconds West along said north line 414.05 feet to the Northwest Corner of said Southwest Quarter of the Southwest Quarter; thence South 00 degrees 11 minutes 03 seconds West along the West line of said Southwest Quarter of the Southwest Quarter 495 feet, more or less, to the centerline of a creek; thence Southeasterly along the centerline of said creek 950 feet more or less to the South line of said Southwest Quarter of the Southwest Quarter; thence North 90 degrees 00 minutes 00 seconds East 532 feet, more or less, to the point of beginning; EXCEPT the following described parcel: That part of the Southwest Quarter of the Southwest Quarter, Section 32, Township 102 North, Range 8 West, Fillmore County, Minnesota, described as follows: Beginning at the Northwest Corner of said Southwest Quarter of the Southwest Quarter; thence on an assumed bearing of North 88 degrees 56 minutes 19 seconds East, along the North line of said Southwest Quarter of the Southwest Quarter, a distance of 379.50 feet; thence South 15 degrees 35 minutes 32 seconds West a distance of 80.96 feet; thence South 01 degrees 34 minutes 30 seconds West a distance of 139.34 feet; thence South 32 degrees 09 minutes 37 seconds West a distance of 144.25 feet; thence South 10 degrees 07 minutes 46 seconds West a distance of 35.25 feet; thence South 46 degrees 14 minutes 42 seconds West a distance of 77.60 feet; thence South 30 degrees 42 minutes 33 seconds West a distance of 259 feet, more or less, to the center line of the South Fork of the Root River; thence northerly and northwesterly along said center line, to the West line of said Southwest Quarter of the Southwest Quarter; thence northerly, along said West line, a distance of 485 feet, more or less, to the point of beginning.

Containing 12.5 acres, more or less, being subject to the right-of-way of a Township Road along the most easterly side thereof.

The object of this action is to determine that the defendants have no right, title, estate, interest, or lien in or on the above described real estate.

NOTICE OF NO PERSONAL CLAIM

No personal claim is made against any of the defendants in the action above entitled.

MINNESOTA STATUTES SECTION 543.22 STATEMENT: All civil cases are subject to Alternative Dispute Resolution (ADR) processes, except for those actions enumerated in Minnesota Statutes Section 484.76 and Rules 111.01 and 310.01 of the Minnesota General Rules of Practice. More information about the ADR process can be found at Rule 114 of the Minnesota General Rules of Practice.

DATED: August 26, 2004.

David A. Joerg

Attorney for Plaintiffs

PO Box 257

Preston MN 55965-1257

Phone: (507) 765-3862

Attorney Reg. No. 50404

Publish 8,15,22

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