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Quiet Title: Nielsen Complaint


Fri, Jun 13th, 2014
Posted in All Legals

STATE OF MINNESOTA

COUNTY OF FILLMORE

DISTRICT COURT

THIRD JUDICIAL DISTRICT

Quiet Title

Court File No. 23-CV-14-407

Darlene A. Nielsen, Trustee of the Larry E. Nielsen and Darlene A. Nielsen Family Trust

Plaintiff, Complaint

vs.

Martha Edwards a/k/a Martha Hendrickson and Hendrick Hendrickson, husband and wife, George A. Hayes, Charles D. Sherwood, Rueben Whittemore, Benjamin D. Sprague a/k/a B. D. Sprague, Samuel C. Barton, John Paul, Hiram Walker, W.W. Beers, Ezra Farnsworth, Jr., John Paulson, James L. Gates, Niles Carpenter, George G. Stevens, Charles Melgard and Caroline Melgard, his wife, The Rushford Power Co., Milton Reuben Davis and Amy E. Davis, his wife, Howard C. Davis, Norman Kopperud and Helen B. Kopperud, Lloyd Humble and Vivian Humble, John W. Moor and Marlon Y. Moor, Rushford Oil Co. INC., Lyle E. Johnson, Marvin Baker, Truman A. Bremmer & Clara M. Bremmer, all heirs and devisees of any of the above named persons who are deceased; and all other persons unknown claiming any right, title, estate, Interest or lien In the real estate described in the complaint herein,

Defendants,

Darlene Nielsen (“Plaintiff”) for its Complaint against the above-named

Defendants states and alleges as follows:

FACTS COMMON TO ALL COUNTS

1. This action involves certain real property located in Fillmore County,

Minnesota with an address of 45343 Highway 16, Rushford, MN 55971, and legally described as follows:

A part of Lots 1, 4, and 6 in WALKER & COMPANY’S SUBDIVISION of HYDRAULIC BLOCK 3 of C.D. SHERWOOD’S ADDITION to South Rushford (now City of Rushford Village) also being a part of the Southeast Quarter of the Northeast Quarter of Section 23, Township 104 North, Range 8 West, Fillmore County, Minnesota, described as follows:

Commencing at the southeast corner of the Southeast Quarter of the Northeast Quarter of said Section 23; thence North 00 degrees 30 minutes 32 seconds West (NOTE: all bearings are on the Fillmore County NAD 1983, HARN 96 adjustment) along the east line of said Southeast Quarter of the Northeast Quarter for a distance of 757.00 feet to the southeast corner of said Hydraulic Block 3, thence South 73 degrees 57 minutes 23 Seconds West (previously described as South 74 deg. 29 min. West) for a distance of 100.00 feet; thence North 18 degrees 49 minutes 32 seconds West for a distance of 100.00 feet to a found 112 inch iron pipe to the POINT OF BEGINNING of the land to be described; thence North 18 degrees 50 minutes 46 seconds West for a distance of 152.70 feet to a found 112 inch iron pipe; thence continue North 18 degrees 50 minutes 46 seconds West for a distance of 10.57 feet to the northerly line of said Hydraulic Block 3; thence North 75 degrees 39 minutes 56 seconds East along said northerly line for a distance of 52.90 feet; thence South 00 degrees 30 minutes 32 seconds East, parallel with the east line of said Section 23, for a distance of 167.62 feet to the POINT OF BEGINNING. Containing 4305 Square feet, more or less, subject to easements, covenants, and restrictions of record.

2. Rushford Oil Company, by Larry E. Nielsen, its President, conveyed the property described and other land to the Larry E. Nielsen and Darlene A. Nielsen Family Trust pursuant to a Warranty Deed dated September 28, 2005, which was recorded with the Office of the Fillmore County Recorder on October 5, 2005, as Document No. 348955.

3. Larry E. Nielsen took title and possession of the described property by a Quit Claim Deed from Marvin Baker on August 28,1984, and filed for record on November 15, 1984, as document No. 238407 in the Office of the Fillmore County Recorder. The Defendants are the former fee owners or had equitable interest in the Property, subject to easements, covenants, and restrictions of record.

4. The plaintiffs and their predecessors in interest have had sole and exclusive possession since 1979, based on a Warranty Deed dated January 11, 1979, and filed for record on January 24, 1979, in the office of the Fillmore County Recorder in Book 227 of Deeds on Page 79.

5. This Deed included real property including that described as:

A part of Lots 1, 4, and 6 in WALKER & COMPANY’S SUBDIVISION of HYDRAULIC BLOCK 3 of C.D. SHERWOOD’S ADDITION to South Rushford (now City of Rushford Village) also being a part of the Southeast Quarter of the Northeast Quarter of Section 23, Township 104 North, Range 8 West, Fillmore County, Minnesota, described as follows:

West (NOTE: all bearings are on the Fillmore County NAD 1983, HARN 96 adjustment) along the east line of said Southeast Quarter of the Northeast Quarter for a distance of 757.00 feet to the southeast corner of said Hydraulic Block 3, thence South 73 degrees 57 minutes 23 Seconds West (previously described as South 74 deg. 29 min. West) for a distance of 100.00 feet ; thence North 18 degrees 49 minutes 32 seconds West for a distance of 100.00 feet to a found Y2 inch iron pipe to the POINT OF BEGINNING of the land to be described; thence North 18 degrees 50 minutes 46 seconds West for a distance of 152.70 feet to a found 1/2 inch iron pipe; thence continue North 18 degrees 50 minutes 46 seconds West for a distance of 10.57 feet to the northerly line of said Hydraulic Block 3; thence North 75 degrees 39 minutes 56 seconds East along said northerly line for a distance of 52.90 feet; thence South 00 degrees 30 minutes 32 seconds East, parallel with the east line of said Section 23, for a distance of 167.62 feet to the POINT OF BEGINNING. Containing 4305 square feet, more or less, subject to easements, covenants, and restrictions of record.

6. Pursuant to the Marketable Title Act there has been no recorded claim or notice of an Interest in the property referenced at Paragraph 4 of this Complaint.

7. Plaintiff has been in exclusive sole possession of the land described herein, since 1979.

8. Plaintiff, Darlene A. Nielsen, is the spouse of Larry E. Nielsen deceased and therefore the sole survivor of the Larry E. Nielsen and Darlene A. Nielsen Family Trust, Qated September 28, 2005.

9. Plaintiff is entitled to an order of this Court declaring that Defendants no longer have any right, title, or interest in the Property.

10. Plaintiff is entitled to an order of this Court determining all right, title, and interest in the property transferred to her by the Warranty Deed dated September 28, 2005 and duly recorded on October 5, 2005 as Document No. 348955 in the Fillmore County Recorder’s Office, which includes the property described herein.

COUNT I - QUIET TITLE

10. Plaintiff restates and re-alleges the foregoing paragraphs of its Complaint as if fully set forth herein.

11. Plaintiff is entitled to an order of this Court declaring that Defendants no longer have any right, title, or interest in the property

12. Plaintiff is entitled to an order of this Court determining all right, title, and interest in the property transferred to her, under the terms of the Larry E. Nielsen and Darlene A. Nielsen Family Trust, by the Warranty Deed dated September 28, 2005 and duly recorded on October 5, 2005 as Document No. 348955 in the Fillmore County Recorder’s Office, which includes the property described herein.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff is entitled to a declaratory judgment of this Court and judgment against Defendants as follows:

1. Declaring that Defendants, all heirs and devisees of any of the above-named persons who are deceased; and all other persons unknown claiming any right, title, estate, interest or lien in the real estate described in the Complaint have no interest in the described property.

2. Declaring that the Plaintiff is the fee owner of the property described herein, transferred to her pursuant to a Warranty Deed from Rushford Oil Company, by Larry E. Nielsen, dated September 28, 2005, and duly recorded in the Fillmore County Recorder’s Office on October 5, 2005, as Document No. 348955.

3. An order of this Court determining all right, title, and interest in the property described herein was transferred to the Plaintiff as the surviving trustee of the Larry E. Nielsen and Darlene A Nielsen Family Trust.

4. For such other and further relief as this Court deems just and equitable.

Dated: May 15, 2014

/s/ Terry A. Chiglo

Attorney

Chiglo Law Office

210 E. Cedar Street, PO Box 507

Houston, MN 55943

Attorney ID#243875

ACKNOWLEDGEMENT

The undersigned hereby acknowledge that pursuant to Minn. Stat. §549.211, subd. 2, costs, disbursements, and reasonable attorney and witness fees may be awarded to the opposing party or parties in this litigation if the court should find that the undersigned acted in bad faith, asserting a claim or defense that is frivolous and that is costly to the other party, asserted an unfound position solely to delay the ordinary course of the proceedings or to harass, or committed a fraud upon the court.

/s/Terry A. Chiglo

Attorney

VERIFICATION

I, Darlene Nielsen, individually, have read the foregoing Complaint and verify under oath that the matter asserted therein is true and correct to the best of my knowledge.

/s/ Darlene Nielsen

Subscribed and sworn before me this 14 day of May, 2014, by Darlene Nielsen.

/s/ Shannon Meier.

Notary Public

Publish 16, 23, 30

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