50-CV-23-1341
Published 3:56 pm Monday, August 14, 2023
PUBLIC NOTICE
STATE OF MINNESOTA
COUNTY OF MOWER
IN DISTRICT COURT
THIRD JUDICIAL DISTRICT
Case Type: Condemnation
Court File No.: 50-CV-23-1341
State of Minnesota, by its
Commissioner
of Transportation, Petitioner,
vs.
Lisa Krapf, 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 October 30, 2023, at 9:45 a.m., or as soon thereafter as counsel can be heard, before Judge Kevin Siefken, in the at Austin, Mower County, Minnesota, via remote hearing, the Petitioner will present a Petition now on file herein for the condemnation of certain lands for trunk highway purposes. This hearing will not be in person at the Courthouse. Instructions for attending the remote hearing may be obtained from Mower Court Administration. The remote hearing may be access by video at https://Zoomgov.com/join, or by phone at 833-568-8864. For either method, the Meeting ID is 160 598 5509 and the Meeting Password is 333334. A copy of the Petition is attached hereto and incorporated herein.
YOU, AND EACH OF YOU, ARE FURTHER NOTIFIED, that 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 December 3, 2023.
YOU, AND EACH OF YOU, ARE FURTHER NOTIFIED, that all persons occupying the property described in the petition must VACATE THE AREA BEING ACQUIRED AND MOVE ALL OF YOUR PERSONAL PROPERTY FROM THE AREA BEING ACQUIRED ON OR BEFORE DECEMBER 3, 2023. All advertising signs or devices located in the area being acquired must be removed by December 3, 2023.
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: July 25, 2023 KEITH ELISON
Attorney General
State of Minnesota
s/Andrew Gross
ANDREW GROSS
Assistant Attorney General
Atty. Reg. No. 0395389
445 Minnesota Street,
Suite 1400
St. Paul, MN 55101-2134
(651) 757-1039 (Voice)
(651) 282-2525(TTY)
ATTORNEY FOR PETITIONER
STATE OF MINNESOTA
COUNTY OF MOWER
IN DISTRICT COURT
THIRD JUDICIAL DISTRICT
Case Type: Condemnation
Court File No.: 50-CV-23-1341
State of Minnesota,
by its Commissioner
of Transportation, Petitioner
vs.
Lisa Krapf, Laura Guttormson, John Guttormson, Mortgage Electronic Registration Systems, Inc., Prosperity Home Mortgage, LLC, Mower County, David Stansfield, Amanda Knutson, Anna M Wilder, Landmark Credit Union, Unknown heirs of Cheryl S. Thompson, deceased, David D. McHan, Michael Thompson, Brian W. Hovey, Minnesota Housing Finance Agency, Fairway Independent Mortgage Corporation, 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 Legislative Route numbered 81, which has been renumbered 56, and which has been located according to law and passes over the lands herein described.
That it is duly covered by Center Line Order numbered 12670, Width Order numbered 99821, and Temporary Easement Order numbered 99822.
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 all trees, shrubs, grass and herbage within the right of way herein to be taken, and to keep and have the exclusive control of the same, and 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 payments, in an interest-bearing account, from the Petitioner to the court pursuant to Minn. Stat. § 117.042.
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 Minn. Stat. §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 Mower 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 your 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 44 C.S. 5005
(56=81) 901
S.P. 5005-68RW
That part of Tract A described below:
Tract A. That part of Lot 9, Lewis Addition to Leroy, according to the plat thereof on file and of record in the office of the County Recorder in and for Mower County, Minnesota, described as follows: Commencing at the East Corner of said Lot; thence Northwesterly on the Northeast line of said lot a distance of 30 feet; thence southwesterly a distance of 247.5 feet, more or less, at a right angle to the Southwest line of said Lot; thence southeasterly on the Southwest line 30 feet to the South Corner of said Lot; thence northeasterly along the Southeast line a distance of 247.5 feet, more or less, to the point of beginning and there terminating;
Tract B. That part of Lot 8, Lewis Addition to Leroy, according to the plat thereof on file and of record in the office of the County Recorder in and for Mower County, Minnesota, described as follows: Beginning at the midpoint of the Northeast line of said Lot; thence southwesterly to the midpoint of the Southwest line of said Lot; thence Northwesterly along the Southwest line of said Lot to the West corner of said Lot; thence Northeasterly along the Northwest line to the North corner of said Lot; thence southeasterly along the Northeast line to the point of beginning;
which lies northeasterly of a line run parallel with and distant 25 feet southwesterly of the northeasterly line of Tract A hereinbefore described, and northwesterly of a line run parallel with and distant 20 feet northwesterly of the southeasterly line of said Tract A;
also a right to use the following described strips for highway purposes, which right shall cease on December 1, 2025, or on such earlier date upon which the Commissioner of Transportation determines that it is no longer needed for highway purposes:
A strip being the northwesterly 13 feet of the northeasterly 127 feet of Tract A hereinbefore described, adjoining, southwesterly and southeasterly of the above described strip;
A strip being the northeasterly 20 feet of Tract B hereinbefore described.
Names of parties interested in the above-described land and nature of interest:
Laura Guttormson
John Guttormson:
Fee
Mortgage Electronic
Registration Systems, Inc.
Prosperity Home
Mortgage, LLC:
Mortgage
County of Mower:
Taxes
Parcel 54 C.S. 5005
(56=81) 901
S.P. 5005-68RW
The right to use the northeasterly 20 feet of Tract A described below for highway purposes, which right shall cease on December 1, 2025, or on such earlier date upon which the Commissioner of Transportation determines by formal order that it is no longer needed for highway purposes:
Tract A. Lot 5, except the East 75 feet thereof; and the East 15 feet of Lot 6, in Lewis Addition to Leroy, according to the plat thereof on file and of record in the office of the County Recorder in and for Mower County, Minnesota.
Names of parties interested in the above-described land and nature of interest:
David Stansfield
Amanda Knutson
Contract for Deed
Anna M Wilder
Fee
Landmark Credit Union
Judgment
County of Mower
Taxes
Parcel 86 C.S. 5005
(56=81) 903
S.P. 5005-68RW
The right to use the southwesterly 10 feet of Tract A described below for highway purposes, which right shall cease on December 1, 2025, or on such earlier date upon which the Commissioner of Transportation determines by formal order that it is no longer needed for highway purposes:
Tract A. The East Half of Lot 11, and the West 15 feet of Lot 12, all in Block 14, LeRoy Station, according to the plat thereof on file and of record in the office of the County Recorder in and for Mower County, Minnesota.
Names of parties interested in the above-described land and nature of interest:
Lisa Krapf
Fee
County of Mower
Taxes
Parcel 93 C.S. 5005
(56=81) 903
S.P. 5005-68RW
The right to use the northeasterly 10 feet of Tract A described below for highway purposes, which right shall cease on December 1, 2025, or on such earlier date upon which the Commissioner of Transportation determines by formal order that it is no longer needed for highway purposes:
Tract A. Lot 5, Block 17, LeRoy Station, according to the plat thereof on file and of record in the office of the County Recorder in and for Mower County, Minnesota.
Names of parties interested in the above-described land and nature of interest:
Unknown heirs of Cheryl S. Thompson, deceased
Fee
David D. McHan
Claimant of Fee
Michael Thompson
Claimant of Fee
Brian W. Hovey
Claimant of Fee
Mortgage Electronic
Registration Systems, Inc.
Mortgage
Fairway Independent
Mortgage Corporation
Mortgage
Minnesota Housing
Finance Agency
Mortgage
County of Mower
Taxes
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: July 6, 2023
KEITH ELLISON
Attorney General
State of Minnesota
s/Andrew D. Gross
ANDREW D. GROSS
Assistant Attorney General
Atty. Reg. No. 0395389
445 Minnesota Street,
Suite 1400
St. Paul, MN 55101-2134
(651) 757-1039 (Voice)
(651) 297-4077 (Fax)
andrew.gross@ag.state.mn.us
ATTORNEY FOR PETITIONER
100929
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: July 6, 2023
KEITH ELLISON
Attorney General
State of Minnesota
s/Andrew D. Gross
ANDREW D. GROSS
Assistant Attorney General
Atty. Reg. No. 0395389
445 Minnesota Street,
Suite 1400
St. Paul, MN 55101-2134
(651) 757-1039 (Voice)
(651) 297-4077 (Fax)
andrew.gross@ag.state.mn.us
ATTORNEY FOR PETITIONER
Austin Daily Herald:
July 29, Aug. 5 and 12, 2023
50-CV-23-1341