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CONDEMNATION STATE OF MINNESOTA COUNTY O

CONDEMNATION STATE OF MINNESOTA COUNTY OF KANDIYOHI IN DISTRICT COURT EIGHTH JUDICIAL DISTRICT COURT FILE NO. 34-CV-22-248 State of Minnesota, by its Commissioner of Transportation, Petitioner, vs. Foster Allan Hudson 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 3, 2022, at 1:15 pm., or as soon thereafter as counsel can be heard, before Judge Jennifer Fischer, via remote hearing, from the Courthouse at Willmar, Kandiyohi 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. You are notified this matter is set for a remote hearing. This hearing will not be in person at the courthouse. The remote hearing may be accessed by video at https://Zoomgov.com/join, or by phone at 833-568-8864. For either method, the Meeting ID is 161 918 1925 and the Meeting Password is 862437. 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 November 6, 2022. 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 NOVEMBER 6, 2022. All advertising signs or devices located on the property being acquired must be removed by November 6, 2022. 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: June 10, 2022 KEITH ELLISON Attorney General State of Minnesota s/Mathew Ferche MATHEW FERCHE Assistant Attorney General Atty. Reg. No. 0391282 445 Minnesota Street, Suite 1800 St. Paul, Minnesota 55101-2134 (651) 757-1457 (Voice) (651) 297-4077 (Fax) mathew.ferche@ag.state.mn.us ATTORNEY FOR PETITIONER CONDEMNATION STATE OF MINNESOTA COUNTY OF KANDIYOHI IN DISTRICT COURT EIGHTH JUDICIAL DISTRICT State of Minnesota, by its Commissioner of Transportation, Petitioner, vs. Foster Allan Hudson, also known as Foster A. Hudson, Lyle Fay Hudson, also known as Lyle F. Hudson, Cheryl Hudson, also known as Cheryl A. Hudson, Karen J. Hudson, David A. Kemen, also known as Dave Kemen, Dana M. Kemen, County of Kandiyohi, Joseph Thein, as trustee of Stanley E. Thein Living Trust dated September 20, 2005, Scott Nistler, also known as Scott Thomas Nistler, Joyce Nistler, Harold G. Kruschke, Pamela A. Anderson, formerly known as Pamela Ann Nistler, Jennie-O Turkey Store, Inc, successor in interest by corporate merger, consolidation, amendment, or conversion to Jennie-O Foods, Inc., Jennie-O Foods of Willmar, Inc., North Star Turkey Farms, Inc. and to Koronis Mills Corporation, Norma Jean Froelich, Unknown heirs of John Froelich, deceased, Clayton Froelich, Harley E. Caldwell, also known as Harley Caldwell, Sandra L. Caldwell, also known as Sandra Caldwell, Rick Caldwell, Karen Watkins, Cherie Abdalati, Troy Caldwell and Brenda Caldwell, as trustees of The Caldwell Family Trust, Carey Caldwell, Bryan J. Watkins, Waleed Abdalati, Caldwell Asphalt Co., Inc., State of Minnesota Department of Natural Resource Division of Lands and Minerals, Federal Land Bank of Saint Paul, BNSF Railway Company, successor in interest to by corporate merger, consolidation, amendment, or conversion to the Northern Pacific Railway Company, 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 23, being Route numbered 004, has been located according to law and passes over the lands herein described. That it is duly covered by Right of Way Plat Orders numbered 99571, 99537, 99538, 99539, 99540, and 99461, and Advanced Acquisition Order numbered 99473. 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, to acquire from the owners whose lands front thereon any existing right of access to said highway in those cases which are herein particularly mentioned, and to keep and have the exclusive control of all access to said highway, to acquire a temporary easement in those cases which are herein particularly mentioned, and to acquire a drainage easement in perpetuity as to Parcel 328B. With reference to Parcel 422B, it is the intention of this proceeding to except all severed mineral rights, not including rights to sand and gravel, and reserve to the owners of the severed mineral rights, their heirs, successors and assigns, the rights and privileges to explore for, mine, and remove the minerals, but only in such manner that will not interfere with the use of said land for highway purposes or with the safe and continuous operation of any public highway thereon, and further the severed mineral owners reserve the right to relocate the highway at the mineral owners’ expense pursuant to Minnesota Statutes §l60.l0 as such may be amended. 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 Kandiyohi 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 314 C.S. 3408 (23=4-44-2) S.P. 3408-18RW All of the following: That part of the Northwest Quarter of the Northeast Quarter and the East Half of the Northwest Quarter of Section 32, Township 122 North, Range 33 West, shown as Parcel 314 on Minnesota Department of Transportation Right of Way Plat Numbered 34-51 as the same is on file and of record in the office of the County Recorder in and for Kandiyohi County, Minnesota; containing 19.75 acres, more or less, of which 8.50 acres is encumbered by an existing highway easement; together with other rights as set forth below, forming and being part of said Parcel 314: Access: All right of access as shown on said plat by the access control symbol. Temporary Easement: A temporary easement for highway purposes as shown on said plat as to said Parcel 314 by the temporary easement symbol, said easement shall cease on December 1, 2027, or on such earlier date upon which the Commissioner of Transportation determines by formal order that it is no longer needed for highway purposes. Names of parties interested in the above described land and nature of interest: Lyle Fay Hudson, also known as Lyle F. Hudson Fee Foster Allan Hudson, also known as Foster A. Hudson Fee Cheryl Hudson, also known as Cheryl A. Hudson Spouse Karen J. Hudson Spouse David A. Kemen, also known as Dave Kemen Dana M. Kemen Claimant of an Interest County of Kandiyohi Taxes FEE ACQUISITION Parcel 315 C.S. 3408 (23=4-44-2) S.P. 3408-18RW All of the following: That part of the East Half of the Southeast Quarter and the Southwest Quarter of the Southeast Quarter of Section 29, Township 122 North, Range 33 West, shown as Parcel 315 on Minnesota Department of Transportation Right of Way Plats Numbered 34-51 and 34-52 as the same are on file and of record in the office of the County Recorder in and for Kandiyohi County, Minnesota; containing 13.33 acres, more or less, of which 3.93 acres is encumbered by an existing highway easement and 2.68 acres is encumbered by an existing road easement; together with other rights as set forth below, forming and being part of said Parcel 315: Access: All right of access as shown on said plats by the access control symbol. Temporary Easement: A temporary easement for highway purposes as shown on said plat as to said Parcel 315 by the temporary easement symbol, said easement shall cease on December 1, 2027, or on such earlier date upon which the Commissioner of Transportation determines by formal order that it is no longer needed for highway purposes. Names of parties interested in the above described land and nature of interest: Joseph Thein, as trustee of Stanley E. Thein Living Trust dated September 20, 2005 Fee County of Kandiyohi Taxes, Special Assessment FEE ACQUISITION Parcel 316O C.S. 3408 (23=4-44-2) S.P. 3408-18RW All of the following: That part of Lot 9, Block 1, Prairie Acres, shown as Parcel 316O on Minnesota Department of Transportation Right of Way Plat Numbered 34-51 as the same is on file and of record in the office of the County Recorder in and for Kandiyohi County, Minnesota; together with other rights as set forth below, forming and being part of said Parcel 316O: Temporary Easement: A temporary easement for highway purposes as shown on said plat as to said Parcel 316O by the temporary easement symbol, said easement shall cease on December 1, 2027, or on such earlier date upon which the Commissioner of Transportation determines by formal order that it is no longer needed for highway purposes. Names of parties interested in the above described land and nature of interest: Scott Nistler, also known as Scott Thomas Nistler Fee Joyce Nistler Harold G. Kruschke Pamela A. Anderson, formerly known as Pamela Ann Nistler Claimant of an Interest County of Kandiyohi Taxes FEE ACQUISITION Parcel 317 C.S. 3408 (23=4-44-2) S.P. 3408-18RW All of the following: That part of the East Half of the Southwest Quarter of Section 28, Township 122 North, Range 33 West, shown as Parcel 317 on Minnesota Department of Transportation Right of Way Plat Numbered 34-60 as the same is on file and of record in the office of the County Recorder in and for Kandiyohi County, Minnesota; containing 10.37 acres, more or less of which 4.21 acres is encumbered by an existing highway easement; together with other rights as set forth below, forming and being part of said Parcel 317: Access: All right of access as shown on said plat by the access control symbol. Names of parties interested in the above described land and nature of interest: Foster Allan Hudson, also known as Foster A. Hudson Fee Lyle Fay Hudson, also known as Lyle F. Hudson Fee Karen J. Hudson Spouse Cheryl Hudson, also known as Cheryl A. Hudson Spouse County of Kandiyohi Taxes and Special Assessments FEE ACQUISITION Parcel 318 C.S. 3408 (23=4-44-2) S.P. 3408-18RW All of the following: That part of the Northwest Quarter of the Southeast Quarter of Section 28, Township 122 North, Range 33 West, shown as Parcel 318 on Minnesota Department of Transportation Right of Way Plats Numbered 34-53 and 34-60 as the same are on file and of record in the office of the County Recorder in and for Kandiyohi County, Minnesota; containing 0.84 acre, more or less, of which 0.56 acre is encumbered by an existing highway easement; together with other rights as set forth below, forming and being part of said Parcel 318: Access: All right of access as shown on said plats by the access control symbol. Names of parties interested in the above described land and nature of interest: Jennie-O Turkey Store, Inc, successor in interest by corporate merger, consolidation, amendment, or conversion to Jennie-O Foods, Inc., Jennie-O Foods of Willmar, Inc., North Star Turkey Farms, Inc. and to Koronis Mills Corporation Fee County of Kandiyohi Taxes and Special Assessments FEE ACQUISITION Parcel 318E C.S. 3408 (23=4) 442 S.P. 3408-18RW All of Tracts A and B described below: Tract A. That part of the Northwest Quarter of the Southeast Quarter of Section 28, Township 122 North, Range 33 West, Kandiyohi County, Minnesota, described as follows: Beginning at the southwest corner of Lot 12 of Block B of Welch’s Addition to Hawick station as the same is on file and of record in the office of the County Recorder in and for said County; thence along the south lines of Lots 12, 11 and 10, of said Block B, South 89 degrees 37 minutes East, 85 feet; thence South 00 degrees 23 minutes West 50 feet; thence North 89 degrees 37 minutes West 85 feet; thence North 00 degrees 23 minutes East 50 feet to the point of beginning; Tract B. That part of Lots 10, 11 and 12, EXCEPT the east 5 feet of said Lot 10, Block B, Welch’s Addition to Hawick station as the same is on file and of record in the office of the County Recorder in and for Kandiyohi County, Minnesota, lying southeasterly of Trunk Highway No. 23. Names of parties interested in the above described land and nature of interest: Norma Jean Froelich Fee Unknown heirs of John Froelich, deceased Fee County of Kandiyohi Taxes Clayton Froelich Occupant FEE ACQUISITION Parcel 328 C.S. 3408 (23=4-44-2) S.P. 3408-18RW All of the following: That part of Northeast Quarter of the Northwest Quarter and the Northwest Quarter of the Northeast Quarter of Section 26, Township 122 North, Range 33 West, shown as Parcel 328 on Minnesota Department of Transportation Right of Way Plats Numbered 34-55 and 34-57 as the same are on file and of record in the office of the County Recorder in and for Kandiyohi County, Minnesota; containing 3.67 acres, more or less, of which 3.62 acres is encumbered by an existing highway easement; together with other rights as set forth below, forming and being part of said Parcel 328: Access: All right of access as shown on said plats by the access control symbol. Temporary Easement: A temporary easement for highway purposes as shown on said plats as to said Parcel 328 by the temporary easement symbol, said easement shall cease on December 1, 2027, or on such earlier date upon which the Commissioner of Transportation determines by formal order that it is no longer needed for highway purposes. Names of parties interested in the above described land and nature of interest: Jennie-O Turkey Store, Inc, successor in interest by corporate merger, consolidation, amendment, or conversion to Jennie-O Foods, Inc., Jennie-O Foods of Willmar, Inc., North Star Turkey Farms, Inc. and to Koronis Mills Corporation Fee County of Kandiyohi Taxes and Special Assessments FEE ACQUISITION Parcel 328B C.S. 3408 (23=4-44-2) S.P. 3408-18RW All of the following: That part of South Half of the Southeast Quarter of Section 23, Township 122 North, Range 33 West, shown as Parcel 328B on Minnesota Department of Transportation Right of Way Plat Numbered 34-57 as the same is on file and of record in the office of the County Recorder in and for Kandiyohi County, Minnesota; containing 12.02 acres, more or less, of which 3.02 acres is encumbered by an existing highway easement and 0.28 acre is encumbered by an existing road easement: together with other rights as set forth below, forming and being part of said Parcel 328B: Access: All right of access as shown on said plat by the access control symbol. Drainage Easement: A drainage easement in perpetuity as shown on said plat as to said Parcel 328B and designated as a drainage easement; containing 0.62 acre, more or less. Temporary Easement: A temporary easement for highway purposes as shown on said plat as to said Parcel 328B by the temporary easement symbol, said easement shall cease on December 1, 2027, or on such earlier date upon which the Commissioner of Transportation determines by formal order that it is no longer needed for highway purposes. Names of parties interested in the above described land and nature of interest: Harley E. Caldwell, also known as Harley Caldwell Sandra L. Caldwell, also known as Sandra Caldwell Life Estate Rick Caldwell Fee Karen Watkins Fee Cherie Abdalati Fee Troy Caldwell and Brenda Caldwell, as trustees of The Caldwell Family Trust Fee Carey Caldwell Spouse Bryan J. Watkins Spouse Waleed Abdalati Spouse Caldwell Asphalt Co., Inc. Lessee County of Kandiyohi Taxes and Easement FEE ACQUISITION Parcel 422B C.S. 3408 (23=4-44-2) S.P. 3408-18RW All of the following: That part of the Northeast Quarter of the Northwest Quarter of Section 27, Township 122 North, Range 33 West, shown as Parcel 422B on Minnesota Department of Transportation Right of Way Plat Numbered 34-54 as the same is on file and of record in the office of the County Recorder in and for Kandiyohi County, Minnesota; containing 2.18 acres, more or less, of which 1.24 acres if encumbered by an existing highway easement; together with other rights as set forth below, forming and being part of said Parcel 422B: Access: All right of access as shown on said plat by the access control symbol. Temporary Easement: A temporary easement for highway purposes as shown on said plat as to said Parcel 422B by the temporary easement symbol, said easement shall cease on December 1, 2027, or on such earlier date upon which the Commissioner of Transportation determines by formal order that it is no longer needed for highway purposes. Names of parties interested in the above described land and nature of interest: Jennie-O Turkey Store, Inc Fee State of Minnesota Department of Natural Resource Division of Lands and Minerals Mineral Rights Federal Land Bank of Saint Paul Mineral Rights BNSF Railway Company, successor in interest to by corporate merger, consolidation, amendment, or conversion to the Northern Pacific Railway Company Possible Claimant of an Interest County of Kandiyohi Taxes, Special Assessment and Easement 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: June 6, 2022 KEITH ELLISON Attorney General State of Minnesota s/Mathew Ferche MATHEW FERCHE Assistant Attorney General Atty. Reg. No. 0391282 445 Minnesota Street, Suite 1800 St. Paul, Minnesota 55101-2134 (651) 757-1457 (Voice) (651) 297-4077 (Fax) mathew.ferche@ag.state.mn.us ATTORNEY FOR PETITIONER 100873 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: June 6, 2022 KEITH ELLISON Attorney General State of Minnesota s/Mathew Ferche MATHEW FERCHE Assistant Attorney General Atty. Reg. No. 0391282 445 Minnesota Street, Suite 1800 St. Paul, Minnesota 55101-2134 (651) 757-1457 (Voice) (651) 297-4077 (Fax) mathew.ferche@ag.state.mn.us ATTORNEY FOR PETITIONER (June 18 & 25; July 2, 2022) 73896