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Summons - Matthew A. Jacobson


Fri, Oct 1st, 2004
Posted in Legals

State of MinnesotaCounty of fillmorein district courtThird judicial DistrictCivil court divisionFile No. C8-04-524SUMMONSMatthew A. JacobsonPlaintiff,vs.George B. Warner; The Winona and Southwestern Railway Company; Farmers Loan & Trust Co.; Tilden R. Selness, Special Master; Henry W. Lamberton; Margaret Lamberton; V. Simpson; Josephine Simpson; Mathew G. Norton; Emma B. Norton; Winona and Western Railway Company; Chicago and North Western Railway Company; United States Trust Company of New York, trustee; John A. Stewart, trustee; Winona and St. Peter Railroad Company; Wisconsin, Minnesota & Pacific Railroad Company; Chicago Great Western Railroad, The Standard Trust Company of New York, trustee; The Farmers Loan and Trust Company, trustee; Edwin S. Marston, trustee; Morgan Guaranty Trust Company of New York f/k/a Guaranty Trust Company of New York, trustee; Chicago Great Western Railway Co.; The First National Bank of Chicago; Chemical Bank & Trust Company, trustee; Patrick H. Joyce, trustee; Luther M. Walter, trustee; Chemical Corn Exchange Bank; Chicago and North Western Transportation Company; Midwestern Railroad Properties, Inc; Continental Illinois National Bank and Trust Company of Chicago; Timothy J. Warren; Martha J. Warren; Simon E. Hershberger; Mary G. Hershberger; Sheryl L. Strain f/k/a Sheryl L. Kindschy; Armin Kindschy; State of Minnesota; the unknown heirs of any of the hereinbefore 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.STATE OF MINNESOTA TO THE ABOVE-NAMED DEFENDANTS:YOU ARE HERBY SUMMONED and required to serve upon Plaintiff’s attorney an Answer to the original Complaint which is on file in the Office of the Clerk 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:Parcel I: Lots 9, 10, 11 and 12, Block 3, Smith’s Park Addition to the City of Spring Valley, Fillmore County, Minnesota.Parcel II: That part of the Right of Way of the now abandoned Chicago and North Western Transportation Company (formerly the Chicago Great Western Railway Company) in the Northwest Quarter of the Southeast Quarter, and that part of Lot 14 of Block 3 of Smith’s Park Addition to the City of Spring Valley, all in Section 28, Township 103 North, Range 13 West, Fillmore County, Minnesota, described as follows: Commencing at the Northwest Corner said Northwest Quarter of the Southeast Quarter; thence South 00 degrees 41 minutes 47 seconds East (assumed bearing) along the West line of said abandoned Railroad Right of Way; thence South 33 degrees 56 minutes 54 seconds East along said Northeasterly Right of Way line, 824.21 feet to the point of beginning of the tract of land to be herein described; thence continuing South 33 degrees 56 minutes 54 seconds East along said Northeasterly Right of Way line, 50.43 feet to the Northwest Corner of Lot 13 of said Block 3; thence South 00 degrees 51 minutes 39 seconds East parallel with the West line of Pleasant Avenue, 45.54 feet; thence South 86 degrees 09 minutes 03 seconds West, 193.12 feet to a point 50.00 feet Westerly (measured radially) from the centerline of the main track of said abandoned Railroad Right of Way; thence Northwesterly 171.57 feet along a line 50.00 feet Westerly (measured radially) from said centerline and along a nontangential curve, concave to the Southwest, having a radius of 1859.88 feet and central angle of 05 degrees 17 minutes 07 seconds (chord bears North 24 degrees 34 minutes 12 seconds West and chord length is 171.51 feet); thence North 89 degrees 27 minutes 03 seconds East not tangent to said curve 234.29 feet to the East line of said Lot 14 of said Block 3; thence South 00 degrees 51 minutes 39 seconds East along said East line of said Lot 14, 57.90 feet to the point of beginning and containing 0.74 acres, more or less. Parcel III: That part of the Right of Way of the now abandoned Chicago and North Western Transportation Company (formerly the Chicago Great Western Railway Company) in the Northwest Quarter of the Southeast Quarter, and that part of Lot 13 of Block 3 of Smith’s Park Addition to the City of Spring Valley, all in Section 28, Township 103 North, Range 13 West, Fillmore County, Minnesota, described as follows: Commencing at the Northwest corner of said Northwest Quarter of the Southeast Quarter; thence South 00 degrees 41 minutes 47 seconds East (assumed bearing) along the West line of said Northwest Quarter of the Southeast Quarter, 436.27 feet to the Northeasterly line of said abandoned Railroad Right of Way; thence South 33 degrees 56 minutes 54 seconds East along said Northeasterly Right of Way line, 874.64 feet to the Northwesterly Corner of said Lot 13 and to the point of beginning of the tract of land to be herein described; thence north 89 degrees 27 minutes 03 seconds East along the North line of said Lot 13, 113.67 feet to the Northeast corner of said Lot 13; thence South 00 degrees 51 minutes 39 seconds East along the East line of said Lot 13, 39.00 feet; thence South 86 degrees 09 minutes 03 seconds West, 113.62 feet; thence North 00 degrees 51 minutes 39 seconds West parallel with said East Line of Said Lot 13, 45.54 feet to the point of beginning and containing 0.11 acres (4768 square feet), more or less.Parcel IV: All that part of the vacated former alley right of way situated South of the Northerly line of Lot 9 (if extended in a Westerly direction from the Easterly boundary of said Lot 9), Block 3, Smith’s Park Addition to the City of Spring Valley, Fillmore County, Minnesota, as said alley was vacated under a Resolution dated March 8, 1999 and filed of record April 5, 1999 as document number 304315, subject however, to a reservation of a permanent easement to the City of Spring Valley for ingress, egress, maintenance, placement and removal of public utilities, including but not limited to water, electricity, sewer, telephone communication, and cable television, as said easement was modified by the City of Spring Valley under Resolution No. 2004-19 and being filed in the Fillmore County Recorder’s office as document number 339983.The object of this action is to determine adverse claims to the above-entitled real estate.Notice of No Personal ClaimNo personal claim is made against any of the defendants in the above-entitled action.Dated this 13th day of September, 2004

Baudler Baudler Maus & Blahnik, LLP/s/ Robert E. BlahnikRobert E. Blahnik, #8722P.O. Box 1268Spring Valley, MN 55975(507) 346-7301Publish 27,4,11

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