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State of MN vs unknown heirs of Ingeborg Soma


Fri, Jan 3rd, 2014
Posted in All Legals

STATE OF MINNESOTA

COUNTY OF FILLMORE

CONDEMNATION

IN DISTRICT COURT

THIRD JUDICIAL DISTRICT

Court File No. 23 -CV-13-760

State of Minnesota, by its Commissioner of Transportation,

Petitioner,

vs.

Unknown heirs of Ingeborg Soma, deceased, et al.

Respondents.

IN THE MATTER OF THE CONDEMNATION OF

CERTAIN LANDS FOR TRUNK HIGHWAY PURPOSES

NOTICE

To the Respondents hereinabove named:

You, and each of you, are hereby notified that on February 18, 2014, at 2:00 o’clock PM., or as soon thereafter as counsel can be heard, before Judge Matthew J. Opat, in the Courthouse at Preston, Fillmore County, Minnesota, the above named petitioner will present to the above named Court a petition now on file herein for the condemnation of certain lands for trunk highway purposes. A copy of said petition is attached hereto and incorporated herein.

YOU, AND EACH OF YOU, ARE FURTHER NOTIFIED, That at the above time and place the above-named petitioner will also move the court for an order transferring title and possession to petitioner of the parcels described in the petition in accordance with Minn. Stat. §117.042, as of March 25, 2014.

YOU, AND EACH OF YOU, ARE FURTHER NOTIFIED, that all persons occupying the property described in the petition must VACATE THE PREMISES AND MOVE ALL OF YOUR PERSONAL PROPERTY FROM SAID PREMISES ON OR BEFORE MARCH 25, 2014. All advertising signs or devices located on the property being acquired must be removed by March 25, 2014.

YOU, AND EACH OF YOU, ARE FURTHER NOTIFIED, that (1) a party wishing to challenge the public use or public purpose, necessity, or authority for a taking must appear at the court hearing and state the objection or must appeal within 60 days of a court order; and (2) a court order approving the public use or public purpose, necessity, and authority for the taking is final unless an appeal is brought within 60 days after service of the order on the party.

Dated: November 20, 2013

OFFICE OF THE ATTORNEY GENERAL

State of Minnesota

/s/ Natasha Karn

Assistant Attorney General

Atty. Reg. No. 0331144

445 Minnesota Street, Suite 1800

St. Paul, MN 55101-2134

(651) 757-1492 (Voice)

(651) 282-2525 (TTY)

ATTORNEY FOR PETITIONER

STATE OF MINNESOTA

COUNTY OF FILLMORE

CONDEMNATION

IN DISTRICT COURT

THIRD JUDICIAL DISTRICT

State of Minnesota, by its Commissioner of Transportation,

Petitioner,

vs.

Unknown heirs of Ingeborg Soma, deceased, Benjamin H. Taylor, Darla M. Taylor, Unknown heirs of Kari Taylor, deceased, Unknown heirs of Harlin Taylor, deceased, Lewis Taylor, Monica Taylor, Edward Taylor, Verna Taylor, Signe Young, Harold Young, Ellen Running, Hans Running, Alice Frydenlund, Kent Frydenlund, Kay Taylor, Unknown heirs of Anna Boyum, Elizabeth Spohr, Charles Spohr, Kari Ellen Gramith, John Gramith, Peter Boyum, Carol Boyum, Paul Boyum, Pam Boyum, State of Minnesota Department of Natural Resources, County of Fillmore, City of Lanesboro, Trent Olson, Tracy A. Olson, Reid Olson, a minor, Peyton Olson, a minor, also all other persons unknown claiming any right, title, estate, interest or lien in the real estate described in the Petition herein,

Respondents.

IN THE MATTER OF THE CONDEMNATION OF

CERTAIN LANDS FOR TRUNK HIGHWAY PURPOSES

PETITION

To the District Court above named the State of Minnesota brings this Petition and respectfully states and alleges:

I.

That Trunk Highway numbered 16, being Route numbered 9, has been located, according to law and passes over the lands herein described.

That it is duly covered by Temporary Trunk Highway Order numbered 1831 and Supplemental Temporary Trunk Highway Orders numbered 93917 and 93918.

II.

That the Commissioner of Transportation deems it necessary that the State of Minnesota for trunk highway purposes obtain the lands herein described in fee simple absolute, together with the following rights: to acquire a temporary easement in those cases which are herein particularly mentioned.

It is the intention of the above-named petitioner to move the court for an order authorizing the Court Administrator to accept and deposit in an interest bearing account payments from the petitioner to the court pursuant to Minnesota statutes.

Further, it is the intention of the above-named petitioner to move the court for an order transferring title and possession of the parcels herein described, prior to the filing of an award by the court appointed commissioners, pursuant to Minnesota Statutes §117.042.

The petitioner reserves its right to recover costs of clean up and testing and all other damages arising from the presence of pollutants, contaminants, or hazardous materials on the property described herein, from all potential responsible parties, including respondents herein where appropriate, in a separate legal action to the extent permitted by law.

III.

That the following described lands in these proceedings taken are situated in Fillmore County, Minnesota; that the names of all persons appearing of record or known to your petitioner to be the owners of said lands or interested therein, including all whom you~ petitioner has been able by investigation and inquiry to discover, together with the nature of the ownership of each, as nearly as can be ascertained, are as follows:



FEE ACQUISITION

Parcel 215B C.S. 2304 (16=9-25)

S.P. 2304-45RW

That part of Tract A described below:

Tract A.

That part of the Southeast Quarter of the Southwest Quarter of Section 24, Township 103 North, Range 10 West, Fillmore County, Minnesota, lying north and west of Duschee Creek; which lies within a distance of 60 feet southeasterly (measured at right angles) of Line 1 described below:

Line 1.

Commencing at a point on the south line of Section 23, Township 103 North, Range 10 West, distant 1321.3 feet west of the southeast corner thereof; thence northeasterly at an angle of 41 degrees 51 minutes from said south section line (measured from east to north) for 20 feet, more or less, to the west line of the Southeast Quarter of the Southeast Quarter of said Section 23; thence continue on the last described course for 422.0 feet; thence deflect to the right on an 08 degree curve with a delta angle of 34 degrees 00 minutes and a radius of 716.78 feet for 425.0 feet; thence on tangent to said curve for 386.6 feet to the point of beginning of Line 1 to be described; thence deflect to the left on a 06 degree curve with a delta angle of 37 degrees 26 minutes and a radius of 955.37 feet for 623.9 feet; thence on tangent to said curve for 994.5 feet and there terminating; containing 0.03 acre, more or less, of which 0.01 acre is encumbered by an existing highway easement.

Names of parties interested in the above described land and nature of interest:

Unknown heirs of Ingeborg Soma, deceased Record Fee

Benjamin H. Taylor Claimant of Fee

Darla M. Taylor

Unknown heirs of Kari Taylor, deceased Claimant of an Interest

Unknown heirs of Harlin Taylor, deceased

Lewis Taylor

Monica Taylor

Edward Taylor

Verna Taylor

Signe Young

Harold Young

Ellen Running

Hans Running

Alice Frydenlund

Kent Frydenlund

Kay Taylor

Unknown heirs of Anna Boyum

Elizabeth Spohr

Charles Spohr

Kari Ellen Gramith

John Gramith

Peter Boyum

Carol Boyum

Paul Boyum

Pam Boyum

State of Minnesota Easement

Department of Natural Resources

County of Fillmore Taxes

FEE ACQUISITION

Parcel 218A C.S. 2304 (16=9-25)

S.P. 2304-45RW

That part of Tract A described below:

Tract A.

That part of the Southeast Quarter of the Northwest Quarter of Section 24, Township 103 North, Range 10 West, Fillmore County, Minnesota, which is bounded on the east by Lots 36 and 37, Block 62, First Addition to the Village of Lanesboro, and which is bounded on the west by Trunk Highway No. 16; which lies within a distance of 33 feet easterly (measured at right angles) of Line 1 described below:

Line 1.

Commencing at a point on the south line of Section 23, Township 103 North, Range 10 West, distant 1321.3 feet west of the southeast corner thereof; thence northeasterly at an angle of 41 degrees 51 minutes from said south section line (measured from east to north) for 20 feet, more or less, to the west line of the Southeast Quarter of the Southeast Quarter of said Section 23; thence continue on the last described course for 422.0 feet; thence deflect to the right on an 08 degree curve with a delta angle of 34 degrees 00 minutes and a radius of 716.78 feet for 425.0 feet; thence on tangent to said curve for 386.6 feet; thence deflect to the left on a 06 degree curve with a delta angle of 37 degrees 26 minutes and a radius of 955.37 feet for 623.9 feet; thence on tangent to said curve for 1487.5 feet; thence deflect to the left on an 08 degree curve with a delta angle of 54 degrees 34 minutes and a radius of 716.78 feet for 682.1 feet; thence on tangent to said curve for 74.9 feet to the point of beginning of Line 1 to be described; thence continue on the last described course for 182.0 feet; thence deflect to the right on a 12 degree curve with a delta angle of 36 degrees 00 minutes and a radius of 478.34 feet for 300.0 feet; thence on tangent to said curve for 435.8 feet; thence deflect to the left on a 20 degree curve with a delta angle of 47 degrees 57 minutes and a radius of 287.94 feet for 239.8 feet and there terminating;

together with that part of Tract A hereinbefore described, adjoining and easterly of the above described strip, which lies within a distance of 50 feet easterly (measured at right angles) of the following described line: From the point of beginning of Line 1 described above, run northerly along said Line 1 for 845.0 feet and there terminating;

also together with that part of Tract A hereinbefore described, adjoining and easterly of the last above described strip, which lies within a distance of 70 feet easterly (measured at right angles) of the following described line: From the point of termination of the last above described line, run southerly along said line for 85 feet and there terminating; containing 0.43 acre, more or less, of which 0.30 acre is encumbered by an existing highway easement;

also a right to use the following described strips for highway purposes, which right shall cease on December 1, 2015, or on such earlier date upon which the Commissioner of Transportation determines by formal order that it is no longer needed for highway purposes:

A strip being that part of Tract A hereinbefore described, adjoining and easterly of the second and third above described strips, which lies within a distance of 85 feet easterly (measured at right angles) of the following described line: From the point of beginning of the last above described line, run southerly along Line 1 described above for 145.0 feet and there terminating;

A strip being that part of Tract A hereinbefore described, adjoining and easterly of the first above described strip and adjoining and northerly of the second, third and fourth above described strips, which lies westerly of the following described line: From the most easterly corner of the last above described strip, run northwesterly to a point distant 33 feet easterly (measured at right angles) of a point on Line 1 described above, distant 875.0 feet northerly of its point of beginning (measured along said Line 1); containing 0.10 acre, more or less.

Names of parties interested in the above described land and nature of interest:

City of Lanesboro Fee

Trent Olson Claimant of Fee

Tracy A. Olson

Reid Olson, a minor

Peyton Olson, a minor

WHEREFORE, Your petitioner prays that commissioners be appointed to appraise the damages which may be occasioned by such taking, and that such proceedings may be had herein as are provided by law.

Dated: November 8, 2013

Respectfully submitted,

OFFICE OF THE ATTORNEY GENERAL

State of Minnesota

/s/ Natasha Karn

Assistant Attorney General

Atty. Reg. No. 0331144

445 Minnesota Street, Suite 1800

St. Paul, MN 55101-2134

(651) 757-1492 (Voice)

(651) 282-2525 (TTY)

ATTORNEY FOR PETITIONER

This instrument was drafted by the

State of Minnesota, Department of

Transportation, Legal and Property

Management Unit, M.S. 632

St. Paul, Minnesota 55155-100458

MINN. STAT. § 549.211

ACKNOWLEDGMENT

The party or parties on whose behalf the attached document is served acknowledge through their undersigned counsel that sanctions may be imposed pursuant to Minn. Stat. § 549.211.

Dated: November 8, 2013

OFFICE OF THE ATTORNEY GENERAL

State of Minnesota

/s/ Natasha Karn

Assistant Attorney General

Atty. Reg. No. 0331144

445 Minnesota Street, Suite 1800

St. Paul, MN 55101-2134

(651) 757-1492 (Voice)

(651) 282-2525 (TTY)

A DORNEY FOR PETITIONER

Publish 6, 13, 20

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