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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-22-249 State of Minnesota, by its Commissioner of Transportation, Petitioner, vs. Ray Owen Vrolson 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. Instructions for attending the remote hearing may be obtained from Kandiyohi County Court Administration. 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 AREA BEING ACQUIRED AND MOVE ALL OF YOUR PERSONAL PROPERTY FROM THE AREA BEING ACQUIRED 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 14, 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 MINNESOTAIN DISTRICT COURT COUNTY OF KANDIYOHI IN DISTRICT COURT EIGHTH JUDICIAL DISTRICT - - - - - State of Minnesota, by its Commissioner of Transportation, Petitioner, vs. Ray Owen Vrolson, also known as Ray Vrolson, also known as Ray O. Vrolson, Sr., County of Kandiyohi, Michael D Solum, Jami R Solum, Karen Scoggins, Michael Scoggins, Brenda Holtkamp, James Holtkamp, also known as Jim Holtkamp, Jessica Solum, Randy S. Kern, Unknown heirs of Doreen A. Kern, deceased, Central Minnesota Credit Union, Kathleen Welter, Patrick Welter, Mark Danielson, Tiffanee Foht, Greg Madsen, Jodi Madsen, Devin Arthur Meagher, Kings Auto Incorporated, 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 99484 and 99540, 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. 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 316 C.S. 3408 (23=4-44-2) S.P. 3408-18RW All of Tract A described below: Tract A. Lot 1, Block 1, Prairie Acres, according to the plat thereof on file and of record in the office of the County Recorder in and for Kandiyohi County, Minnesota. Names of parties interested in the above described land and nature of interest: Ray Owen Vrolson, also known as Ray Vrolson, also known as Ray O. Vrolson, Sr. Fee County of Kandiyohi Taxes and Special Assessments FEE ACQUISITION Parcel 320 C.S. 3408 (23=4-44-2) S.P. 3408-18RW All of Tract A described below: Tract A. Lots 2, 3, 4 and 5, Block B, Welch’s Addition to Hawick Station, according to the plat thereof on file and of record in the office of the County Recorder in and for Kandiyohi County, Minnesota. Names of parties interested in the above described land and nature of interest: Michael D Solum Jami R Solum Fee Karen Scoggins Michael Scoggins Fee Brenda Holtkamp James Holtkamp, also known as Jim Holtkamp Drainage Easement Jessica Solum Lessee County of Kandiyohi Taxes FEE ACQUISITION Parcel 327C C.S. 3408 (23=4-44-2) S.P. 3408-18RW All of the following: That part of the South Half of the Southwest Quarter of Section 23, Township 122 North, Range 33 West, shown as Parcel 327C on Minnesota Department of Transportation Right of Way Plat Numbered 34-55 as the same is on file and of record in the office of the County Recorder in and for Kandiyohi County, Minnesota; containing 4.97 acres, more or less, of which 1.59 acres is encumbered by an existing highway easement; together with other rights as set forth below, forming and being part of said Parcel 327C: 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: Randy S. Kern Fee Unknown heirs of Doreen A. Kern, deceased Fee Central Minnesota Credit Union Mortgage County of Kandiyohi Taxes FEE ACQUISITION Parcel 328A C.S. 3408 (23=4-44-2) S.P. 3408-18RW All of the following: That part of the Southeast Quarter of the Southwest Quarter of Section 23, Township 122 North, Range 33 West, shown as Parcel 328A on Minnesota Department of Transportation Right of Way Plat Numbered 34-55 as the same is on file and of record in the office of the County Recorder in and for Kandiyohi County, Minnesota; containing 4.80 acres, more or less, of which 1.34 acres is encumbered by an existing highway easement; together with other rights as set forth below, forming and being part of said Parcel 328A: 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: Kathleen Welter Patrick Welter Fee County of Kandiyohi Taxes FEE ACQUISITION Parcel 508 C.S. 3408 (23=4-44-2) S.P. 3408-18RW All of the following: That part of the West Half of the Northwest Quarter of Section 12, Township 121 North, Range 34 West, shown as Parcel 508 on Minnesota Department of Transportation Right of Way Plat Numbered 34-48 as the same is on file and of record in the office of the County Recorder in and for Kandiyohi County, Minnesota; containing 1.39 acres, more or less; together with other rights as set forth below, forming and being part of said Parcel 508: 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 508 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: County of Kandiyohi Fee Mark Danielson Easement Tiffanee Foht Easement Greg Madsen Jodi Madsen Easement FEE ACQUISITION Parcel 509C C.S. 3408 (23=4-44-2) S.P. 3408-18RW All of Tract A described below: Tract A. That part of the Northeast Quarter of the Southwest Quarter of Section 1, Township 121 North, Range 34 West, Kandiyohi County, Minnesota, described as follows: Commencing at the center of said Section 1; thence on an assumed bearing of South 00 degrees 54 minutes 37 seconds East along the East line of said Northeast Quarter of the Southwest Quarter a distance of 754.14 feet; thence on a bearing of North 84 degrees 33 minutes 53 seconds West, 417.21 feet to the point of beginning of Tract A to be described; thence continuing on a bearing of North 84 degrees 33 minutes 53 seconds West, 305.17 feet to the centerline of Trunk Highway No. 23; thence on a bearing of South 22 degrees 21 minutes 19 seconds West, along last said line 604.82 feet, to its intersection with the westerly extension of the centerline of Old County Road No. 103; thence on a bearing of South 88 degrees 53 minutes 34 seconds East, along last said line 542.54 feet, to its intersection with a line bearing South 00 degrees 54 minutes 37 seconds East from the point of beginning; thence on a bearing of North 00 degrees 54 minutes 37 seconds West 541.01 feet to the point of beginning; containing 5.41 acres, more or less, of which 1.20 acres is encumbered by an existing highway easement and 1.73 acres is encumbered by an existing road easement. Names of parties interested in the above described land and nature of interest: Devin Arthur Meagher Fee Kings Auto Incorporated Lessee County of Kandiyohi Taxes 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 100874 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 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 , 2022) 73997