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CONDEMNATION STATE OF MINNESOTA IN DISTR

CONDEMNATION STATE OF MINNESOTA IN DISTRICT COURT COUNTY OF KANDIYOHI EIGHTH JUDICIAL DISTRICT COURT FILE NO. 34-CV-22-394 State of Minnesota, by its Commissioner of Transportation, Petitioner, vs. Federal National Mortgage Association 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 December 14, 2022, at 9:00 am., or as soon thereafter as counsel can be heard, before Judge Melissa Listug, 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 160 424 9122 and the Meeting Password is 116685. 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 January 18, 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 JANUARY 18, 2022. All advertising signs or devices located on the property being acquired must be removed by January 18, 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: August 17, 2022 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 1800 St. Paul, Minnesota 55101-2134 (651) 757-1039 (Voice) (651) 297-4077 (Fax) andrew.gross@ag.state.mn.us ATTORNEY FOR PETITIONER CONDEMNATION STATE OF MINNESOTA IN DISTRICT COURT COUNTY OF KANDIYOHI EIGHTH JUDICIAL DISTRICT State of Minnesota, by its Commissioner of Transportation, Petitioner, vs. Federal National Mortgage Association (Fannie Mae), Duininck Concrete, LLC, Julie Frandsen, Mike Frandsen, Kelly Morrell, Amy Morrell, Paola Morrell, Mike Morrell, Jay Morrell, also known as Jay C. Morrell, Kathy D. Morrell, JMBI, LLC, County of Kandiyohi, Central Allied Enterprises, Inc., Nicholas J. Erickson, Sarah L. Erickson, Heritage Bank National Association, Mortgage Electronic Registration Systems, Inc., Ross G. Olness, D.D.S., PLLC, also known as Dr. Ross G. Olness, D.D.S., PLLC, Duininck, Inc., doing business as Duininck, Federal Land Bank of Saint Paul, State of Minnesota Department of Natural Resources Department of Natural Resources, Jennie-O Turkey Store, Inc, 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 99538, 99539, 99540, 99541, and 99542. 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. With reference to Parcel 422A, 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 221 C.S. 3408 (23=4-44-2) S.P. 3408-18RW All of the following: That part of the East Half of the Northeast Quarter of Section 28, Township 122 North, Range 33 West, shown as Parcel 221 on Minnesota Department of Transportation Right of Way Plat Numbered 34-53 as the same is on file and of record in the office of the County Recorder in and for Kandiyohi County, Minnesota; containing 1.35 acres, more or less, of which 0.57 acre is encumbered by an existing road easement; together with other rights as set forth below, forming and being part of said Parcel 221: 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: Duininck Concrete, LLC Fee Julie Frandsen Mortgage Mike Frandsen Kelly Morrell Amy Morrell Paola Morrell Mike Morrell Jay Morrell, also known as Jay C. Morrell Kathy D. Morrell JMBI, LLC Option to Purchase County of Kandiyohi Taxes FEE ACQUISITION Parcel 327A C.S. 3408 (23=4-44-2) S.P. 3408-18RW All of the following: That part of the Southwest Quarter of the Southwest Quarter of Section 23, Township 122 North, Range 33 West, shown as Parcel 327A 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 0.45 acre, more or less, of which 0.24 acre is encumbered by an existing highway easement and 0.07 acre is encumbered by an existing road easement; together with other rights as set forth below, forming and being part of said Parcel 327A: 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 327A 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: Federal National Mortgage Association (Fannie Mae) Fee County of Kandiyohi Taxes FEE ACQUISITION Parcel 410 C.S. 3408 (23=4-44-2) S.P. 3408-18RW All of the following: That part of the Southwest Quarter of the Southwest Quarter of Section 31, Township 122 North, Range 33 West, shown as Parcel 410 on Minnesota Department of Transportation Right of Way Plat Numbered 34-58 as the same is on file and of record in the office of the County Recorder in and for Kandiyohi County, Minnesota; containing 0.78 acre, more or less; together with other rights as set forth below, forming and being part of said Parcel 410: 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: Central Allied Enterprises, Inc. Fee County of Kandiyohi Taxes FEE ACQUISITION Parcel 410F C.S. 3408 (23=4-44-2) S.P. 3408-18RW All of the following: That part of Government Lot 1 in Section 31, Township 122 North, Range 33 West, shown as Parcel 410F on Minnesota Department of Transportation Right of Way Plat Numbered 34-59 as the same is on file and of record in the office of the County Recorder in and for Kandiyohi County, Minnesota; containing 1.12 acres, more or less; together with other rights as set forth below, forming and being part of said Parcel 410F: 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 410F 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: Nicholas J. Erickson Fee Sarah L. Erickson Heritage Bank National Association Mortgage Mortgage Electronic Registration Systems, Inc. Ross G. Olness, D.D.S., PLLC, also known as Dr. Ross G. Olness, D.D.S., PLLC Judgment County of Kandiyohi Taxes and Special Assessments FEE ACQUISITION Parcel 422A C.S. 3408 (23=4-44-2) S.P. 3408-18RW All of the following: That part of the Northwest Quarter of Section 27, Township 122 North, Range 33 West, shown as Parcel 422A 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 12.74 acres, more or less, of which 5.40 acres is encumbered by an existing highway easement; together with other rights as set forth below, forming and being part of said Parcel 422A: 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: Duininck, Inc., doing business as Duininck Fee Federal Land Bank of Saint Paul Mineral Rights State of Minnesota Department of Natural Resources Department of Natural Resources Mineral Rights Jennie-O Turkey Store, Inc Right of Reversion 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: August 4, 2022 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, Minnesota 55101-2134 (651) 757-1039 (Voice) (651) 297-4077 (Fax) andrew.gross@ag.state.mn.us ATTORNEY FOR PETITIONER 100887 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: August 4, 2022 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, Minnesota 55101-2134 (651) 757-1039 (Voice) (651) 297-4077 (Fax) andrew.gross@ag.state.mn.us ATTORNEY FOR PETITIONER (Aug. 24 & 31; Sept. 7, 2022) 93856