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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-22-261 State of Minnesota, by its Commissioner of Transportation, Petitioner, vs. Cheryl Danielson 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 MINNESOTA COUNTY OF KANDIYOHI IN DISTRICT COURT EIGHTH JUDICIAL DISTRICT - - - - - State of Minnesota, by its Commissioner of Transportation, Petitioner, vs. Cheryl Danielson, also known as Cheryl A. Danielson, Glen Danielson, doing business as Glen’s Flat Panel TV Repair, a registered assumed name in Minnesota, Tiffanee Foht, Greg Madsen, Jodi Madsen, Mark Danielson, County of Kandiyohi, Tanor J. Nelson, Janet J. Nelson, Freedom Mortgage Corporation, Mortgage Electronic Registration Systems, Inc., Jerome A. Hanson, Barbara P. Hanson, Matthew D. Elbert, Mariah S. Elbert, Patrick Lee Krueger, also known as Patrick L. Krueger, Katelyn Corine Krueger, also known as Katelyn C. Krueger, Gate City Bank, Cassidy McCabe, Amanda McCabe, American Mortgage & Equity Consultants,Inc, Jessica Kosbau, Steffanie Ann McAnarney, formerly known as Steffanie Ann Jones, Michael J. Kascht, doing business as Kascht Motor Specialties, a registered name in Minnesota, David W. Kascht, Teresa Vait, Bonnie M. Kascht, Rachelle E. Gilbertson, Barbara Lund, Sheila D. Kascht, doing business as Kascht Motor Specialties, a registered name in Minnesota, Donald Vait, Troy Gilbertson, Lee Lund, David E. Paasche, 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, 99535, 99536, and 99461. 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 530. 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 508B C.S. 3408 (23=4-44-2) S.P. 3408-18RW All of the following: That part of the Northwest Quarter of the Northwest Quarter of Section 12, the South Half of the Southwest Quarter of Section 1, and the Northeast Quarter of the Southwest Quarter of Section 1, all in Township 121 North, Range 34 West, shown as Parcel 508B 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 3.71 acres, more or less, of which 0.22 acre is encumbered by an existing highway easement and 0.06 acre is encumbered by an existing road easement; together with other rights as set forth below, forming and being part of said Parcel 508B: 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 508B 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: Cheryl Danielson, also known as Cheryl A. Danielson Fee Glen Danielson, doing business as Glen’s Flat Panel TV Repair, a registered assumed name in Minnesota Spouse Tiffanee Foht Easement Greg Madsen Jodi Madsen Easement Mark Danielson Easement County of Kandiyohi Taxes and Easement FEE ACQUISITION Parcel 509F C.S. 3408 (23=4) 442 S.P. 3408-18RW All of the following: That part of Northeast Quarter of the Southwest Quarter and the Southeast Quarter of the Northwest Quarter of Section 1, Township 121 North, Range 34 West, shown as Parcel 509F on Minnesota Department of Transportation Right of Way Plats Numbered 34-48 and 34-49 as the same are on file and of record in the office of the County Recorder in and for Kandiyohi County, Minnesota; containing 2.46 acres, more or less, of which 0.71 acre is encumbered by an existing highway easement; together with other rights as set forth below, forming and being part of said Parcel 509F: 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 509F 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: Tanor J. Nelson Janet J. Nelson Fee Freedom Mortgage Corporation Mortgage Mortgage Electronic Registration Systems, Inc. County of Kandiyohi Taxes and Special Assessments FEE ACQUISITION Parcel 509I C.S. 3408 (23=4-44-2) S.P. 3408-18RW All of the following: That part of the Northeast Quarter of the Northeast Quarter of Section 1, Township 121 North, Range 34 West, shown as Parcel 509I on Minnesota Department of Transportation Right of Way Plat Numbered 34-50 as the same is on file and of record in the office of the County Recorder in and for Kandiyohi County, Minnesota; containing 1.71 acres, more or less, of which 0.52 acre is encumbered by an existing highway easement; together with other rights as set forth below, forming and being part of said Parcel 509I: 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 509I 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: Jerome A. Hanson Barbara P. Hanson Fee Matthew D. Elbert Possible Claimant of an Interest Mariah S. Elbert Easement Patrick Lee Krueger, also known as Patrick L. Krueger Katelyn Corine Krueger, also known as Katelyn C. Krueger Easement County of Kandiyohi Taxes and Special Assessments FEE ACQUISITION Parcel 509J C.S. 3408 (23=4-44-2) S.P. 3408-18RW All of the following: That part of the Northeast Quarter of the Northeast Quarter of Section 1, Township 121 North, Range 34 West, shown as Parcel 509J on Minnesota Department of Transportation Right of Way Plat Numbered 34-50 as the same is on file and of record in the office of the County Recorder in and for Kandiyohi County, Minnesota; containing 2.81 acres, more or less of which 1.02 acres is encumbered by an existing highway easement; together with other rights as set forth below, forming and being part of said Parcel 509J: 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 509J 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: Patrick Lee Krueger, also known as Patrick L. Krueger Katelyn Corine Krueger, also known as Katelyn C. Krueger Fee Gate City Bank Mortgage County of Kandiyohi Taxes and Special Assessments FEE ACQUISITION Parcel 509L C.S. 3408 (23=4-44-2) S.P. 3408-18RW All of the following: That part of Southeast Quarter of the Northwest Quarter and the Southwest Quarter of the Northeast Quarter of Section 1, Township 121 North, Range 34 West, shown as Parcel 509L on Minnesota Department of Transportation Right of Way Plat Numbered 34-49 as the same is on file and of record in the office of the County Recorder in and for Kandiyohi County, Minnesota; containing 5.17 acres, more or less, of which 1.33 acres is encumbered by an existing highway easement; together with other rights as set forth below, forming and being part of said Parcel 509L: 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 509L 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: Cassidy McCabe Amanda McCabe Fee Mortgage Electronic Registration Systems, Inc. Mortgage American Mortgage & Equity Consultants,Inc County of Kandiyohi Taxes FEE ACQUISITION Parcel 530 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 and the Southwest Quarter of the Southeast Quarter of Section 24, Township 122 North, Range 33 West, shown as Parcel 530 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 4.71 acres, more or less, of which 0.17 acre is encumbered by an existing road easement: together with other rights as set forth below, forming and being part of said Parcel 530: 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 530 and designated as a drainage easement; containing 1.35 acres, more or less. Names of parties interested in the above described land and nature of interest: Jessica Kosbau Fee Steffanie Ann McAnarney, formerly known as Steffanie Ann Jones Fee Michael J. Kascht, doing business as Kascht Motor Specialties, a registered name in Minnesota Fee David W. Kascht Fee Teresa Vait Fee Bonnie M. Kascht Fee Rachelle E. Gilbertson Fee Barbara Lund Fee Sheila D. Kascht, doing business as Kascht Motor Specialties, a registered name in Minnesota Spouse Donald Vait Spouse Troy Gilbertson Spouse Lee Lund Spouse David E. Paasche Lease 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 13, 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 100875 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 13, 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) 74006