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CONDEMNATION
STATE OF MINNESOTA
IN DISTRICT COURT
COUNTY OF PENNINGTON
NINTH JUDICIAL DISTRICT
COURT FILE NO. 57-CV-22-481
State of Minnesota, by its Commissioner of Transportation, Petitioner,
vs.
Pribyl Hay and Straw, LLP, et al.
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 13, 2022, at 10:00 am., or as soon thereafter as counsel can be heard, before Judge Tamara Lynn Yon, via remote hearing, from the Courthouse at Thief River Falls, Pennington 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 160 020 7936 and the Meeting Password is 027630. 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 17, 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 17, 2023. All advertising signs or devices located on the property being acquired must be removed by January 17, 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 18, 2022 KEITH ELLISON
Attorney General
State of Minnesota
/s/ Erik M. Johnson
ERIK M. JOHNSON
Assistant Attorney General
Atty. Reg. No. 0247522
445 Minnesota Street, Suite 1800
St. Paul, Minnesota 55101-2134
(651) 757-1476 (Voice)
(651) 297-1235 (Fax)
erik.johnson@ag.state.mn.us
ATTORNEY FOR PETITIONER
CONDEMNATION
STATE OF MINNESOTA
IN DISTRICT COURT
COUNTY OF PENNINGTON
NINTH JUDICIAL DISTRICT
State of Minnesota, by its Commissioner of Transportation,
Petitioner,
vs.
Pribyl Hay and Straw, LLP, Unknown heirs of Marlene J. Snetting, deceased, Leslie J. Snetting, County of Pennington, Kevin Yaggie, Jeffrey Yaggie, Unknown heirs of Wesley M. Skibicki, deceased, Linda G. Skibicki, Donald M. Schindler, Scott E. Strand and Glenda R. Strand, as trustees of the Strand Revocable Trust dated January 14, 2016, and any amendments thereto, Leslie Grundhaus, Cindy Delorme, Roger Grundhaus, Mary E. Kuhn, Jane Mackenroth, Kay Grundhaus, Richard Delorme, Jeffrey Kuhn, Bruce Mattson, Murray Engelstadt, Kenton W. Christensen, Konnie L. Christensen, Curtis W. Christensen, Lyn M. Christensen, Keith A Christensen, Ruth A. Christensen, Scott E. Hutton, Valerie A. Hutton, 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 174, which has been renumbered 59, and which has been located according to law and designated as a controlled access highway, passes over the lands herein described.
That it is duly covered by Right of Way Plat Order numbered 99619, Centerline Order numbered 8832, and Temporary Easement Order numbered 99676.
II.
That the Commissioner of Transportation deems it necessary that the State of Minnesota for trunk highway purposes obtain an easement in the lands herein described, 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 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 Pennington 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:
Parcel 305A C.S. 5705 (59=174-21-1)
S.P. 5705-61RW
The right to use that part of Tract A described below for highway purposes, which right shall cease on December 1, 2024, 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 Northeast Quarter of the Northwest Quarter of Section 33 and That part of Government Lot 3, Section 28 less that part lying easterly of the centerline of U.S. Highway No. 59, all in Township 153 North, Range 42 West, Pennington County, Minnesota; excepting therefrom the existing right of way of 110th Street as now located and established;
which lies between two lines run parallel with and distant 75 and 85 feet westerly of the following described line: Beginning at a point on Line 1 described below distant 96.4 feet northerly of its point of termination; thence northerly along said Line 1 for 100 feet and there terminating;
Line 1. Beginning at a point on the west line of said Section 28 distant 1001.7 feet north of the west quarter corner thereof; thence southeasterly at an angle of 40 degrees 47 minutes from said west section line (measured from west to north) for a distance of 7.8 feet; thence deflect to the left at an angle of 00 degrees 30 minutes for a distance of 3464.5 feet; thence deflect to the right on a 03 degree 00 minute curve, delta angle 39 degrees 54 minutes for a distance of 1329.4 feet and there terminating;
together with that part of Tract A hereinbefore described which lies between to lines run parallel with and distant 75 and 85 feet westerly of the following described line: Beginning at a point on Line 1 hereinbefore described distant 396.4 feet northerly of its point of termination; thence southerly along said line 1 for 150 feet and there terminating; containing 0.05 acre, more or less.
Names of parties interested in the above described land and nature of interest:
Unknown heirs of Marlene J. Snetting, deceased Fee
Leslie J. Snetting Spouse
County of Pennington
and Special Assessments
EASEMENT ACQUISITION
Parcel 214 C.S. 5705 (59=174-21-3)
S.P. 5705-61RW
All of the following:
That part of the Northeast Quarter of the Northeast Quarter of Section 20, Township 152 North, Range 42 West, shown as Parcel 214 on Minnesota Department of Transportation Right of Way Plat Numbered 57-18 as the same is on file and of record in the office of the County Recorder in and for Pennington County, Minnesota;
containing 0.29 acre, more or less;
together with other rights as set forth below, forming and being part of said Parcel 214:
Temporary Easement:
A temporary easement for highway purposes as shown on said plat as to said Parcel 214 by the temporary easement symbol, said easement shall cease on December 1, 2024, 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:
Kevin Yaggie Fee
Jeffrey Yaggie
County of Pennington
Taxes and Special Assessments
EASEMENT ACQUISITION
Parcel 215 C.S. 5705 (59=174-21-3)
S.P. 5705-61RW
All of the following:
That part of the Northwest Quarter of the Northwest Quarter of Section 21, Township 152 North, Range 42 West, shown as Parcel 215 on Minnesota Department of Transportation Right of Way Plat Numbered 57-18 as the same is on file and of record in the office of the County Recorder in and for Pennington County, Minnesota; containing 0.29 acre, more or less;
together with other rights as set forth below, forming and being part of said Parcel 215:
Temporary Easement:
A temporary easement for highway purposes as shown on said plat as to said Parcel 215 by the temporary easement symbol, said easement shall cease on December 1, 2024, 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:
Pribyl Hay and Straw, LLP Fee
County of Pennington
Taxes and Special Assessments
Parcel 210 C.S. 5705 (59=174-21-4)
S.P. 5705-61RW
The right to use that part of Tract A described below for highway purposes, which right shall cease on December 1, 2024, 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. That part of Government Lot 11, Section 2, and that part of the Southwest Quarter of Section 1, all in Township 153 North, Range 43 West, Pennington County, Minnesota, described as follows: Commencing at an iron monument in the southwest corner of said Section 1; thence North 02 degrees 57 minutes 03 seconds West, assumed bearing, along the west line of said Section 1 a distance of 593.01 feet to the intersection with the easterly right of way line of Minnesota Highway No. 59; thence North 41 degrees 08 minutes 49 seconds West along said right of way line 617.53 feet to an iron pipe monument; thence North 87 degrees 50 minutes 42 seconds East, 265.63 feet to the point of beginning of the tract to be described; thence northeasterly along a tangential curve, concave to the northwest, having a radius of 166.00 feet and a central angle of 72 degrees 55 minutes 10 seconds, 211.27 feet; thence North 14 degrees 55 minutes 32 seconds East, 66.49 feet; thence northeasterly along a tangential curve, concave to the southwest, having a radius of 100.00 feet and a central angle of 70 degrees 21 minutes 39 seconds, 122.80 feet; thence North 85 degrees 17 minutes 11 seconds East, 47.50 feet; thence northeasterly on a tangential curve, concave to the northwest, having a radius of 258.00 feet and a central angle of 44 degrees 24 minutes 07 seconds, 199.94 feet; thence South 66 degrees 08 minutes 26 seconds East, 470.88 feet; thence South 03 degrees 43 minutes 23 seconds West, 300.60 feet; thence North 89 degrees 06 minutes 08 seconds West, 703.08 feet; thence North 02 degrees 43 minutes 23 seconds West, 133.00 feet;
which lies between two lines run parallel with and distant 75 and 85 feet northeasterly of the following described line: Commencing at a point on the east and west quarter line of Section 18, Township 153 North, Range 42 West, distant 587 feet west of the center thereof; thence northwesterly at an angle of 42 degrees 40 minutes from said east and west quarter line (measured from west to north) for a distance of 2709.3 feet; thence deflect to the right on a 01 degree 00 minute curve, delta angle 07 degrees 35 minutes, for a distance of 758.3 feet; thence on tangent to said curve for a distance of 7708.5 feet; thence deflect to the left on a 00 degree 15 minute curve, delta angle 01 degrees 10 minutes, for a distance of 466.7 feet; thence on tangent to said curve for a distance of 474.2 feet to the point of beginning of the line to be described; thence continuing on the last described course for 150 feet and there terminating; containing 0.03 acre, more or less; excepting therefrom the existing sign situate thereon.
Names of parties interested in the above described land and nature of interest:
Unknown heirs of Wesley M. Skibicki, deceased Fee
Linda G. Skibicki Fee
Donald M. Schindler Claimant of Fee
Scott E. Strand and Glenda R. Strand, as trustees of the Strand Revocable Trust , dated January 14, 2016, and any amendments thereto Easement
County of Pennington
Taxes and Ditch Lien
Parcel 213A C.S. 5705 (59=174-21-4)
S.P. 5705-61RW
The right to use that part of Tract A described below for highway purposes, which right shall cease on December 1, 2024, 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. Government Lots 1 and 3, Section 18, Township 153 North, Range 42 West, Pennington County, Minnesota, excepting therefrom that part described as follows: Beginning at a point which lies South 89 degrees 53 minutes East 1338.5 feet upon the south line of said Lot 3 from the southwest corner of said Lot 3; thence from this point of beginning north 2048.9 feet to the southeasterly line of the right of way for Trunk Highway No. 59; thence upon the said right of way line South 45 degrees 41 minutes East 1099.44 feet to the southeast corner of the said Lot 1; thence upon the south line of the said Lot 1 North 85 degrees 22 minutes West 655.22 feet to the intersection of the south line of the said Lot 1 and the East line of Lot 3; thence upon the east line of the said Lot 3 South 00 degrees 13 minutes West 1334.14 feet to the southeast corner of said Lot 3; thence South 89 degrees 53 minutes West 133.9 feet to the point of beginning; excepting therefrom the right of way of Trunk Highway No. 59 as now located and established;
which lies between two lines run parallel with and distant 75 and 125 feet southwesterly of the following described line: Beginning at a point on Line 1 described below distant 142.3 feet southeasterly of its point of termination; thence northwesterly along said Line 1 for 150 feet and there terminating;
Line 1. Beginning at a point on the east and west quarter line of Section 18, Township 153 North, Range 42 West, distant 587 feet west of the center thereof; thence northwesterly at an angle of 42 degrees 40 minutes from said east and west quarter line (measured from west to north) for a distance of 2709.3 feet and there terminating; containing 0.12 acre, more or less.
Names of parties interested in the above described land and nature of interest:
Leslie Grundhaus Fee
Cindy Delorme
Roger Grundhaus
Mary E. Kuhn
Jane Mackenroth
Kay Grundhaus Spouse
Richard Delorme
Jeffrey Kuhn
Bruce Mattson
Murray Engelstadt Lessee
County of Pennington
Taxes and Easement
Parcel 217 C.S. 5705 (59=174-21-4)
S.P. 5705-61RW
The right to use that part of Tract A described below for highway purposes, which right shall cease on December 1, 2024, 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. Government Lot 1, the Northwest Quarter of the Northeast Quarter and the South Half of the Northeast Quarter, all in Section 19, Township 153 North, Range 42 West, Pennington County, Minnesota;
which lies between two lines run parallel with and distant 75 and 85 feet southwesterly of the following described line: Beginning at the point of termination of Line 1 described below; thence southeasterly along said Line 1 for 100 feet and there terminating;
Line 1. Beginning at a point on the east and west quarter line of Section 18, Township 153 North, Range 42 West, Pennington County, Minnesota, distant 587 feet west of the center thereof; thence southeasterly at an angle of 42 degrees 40 minutes from said east and west quarter line (measured from east to south) for a distance of 1047.1 feet; thence deflect to the right on a 01 degree 00 minute curve, delta angle 04 degrees 52 minutes for a distance of 486.7 feet; thence on tangent to said curve for a distance of 2374.2 feet; thence deflect to the right on a 00 degree 10 minute curve, delta angle 00 degrees 55 minutes, for a distance of 550 feet; thence on tangent to said curve for a distance of 125 feet and there terminating; containing 0.02 acre, more or less.
Names of parties interested in the above described land and nature of interest:
Kenton W. Christensen Fee
Konnie L. Christensen
Curtis W. Christensen
Lyn M. Christensen
Keith A Christensen
Ruth A. Christensen
Scott E. Hutton
Valerie A. Hutton
County of Pennington
Taxes and Ditch Lien
Parcel 220 C.S. 5705 (59=174-21-4)
S.P. 5705-61RW
The right to use that part of Tract A described below for highway purposes, which right shall cease on December 1, 2024, 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 Northeast Quarter, the Northeast Quarter of the Southeast Quarter, the Northeast Quarter of the Northwest Quarter, Government Lots 4, 5 and 6, all in Section 20, Township 153 North, Range 42 West, Pennington County, Minnesota, less that portion described as follows: That part of the North Half of the Northeast Quarter of said Section 20, described as follows: Commencing at the northeast corner of said North Half of the Northeast Quarter; thence in a westerly direction along the north line of said North Half of the Northeast Quarter a distance of 2085 feet to the point of beginning; thence in a southerly direction along a line parallel with the east line of said North Half of the Northeast Quarter a distance of 970 feet; thence in a westerly direction along a line parallel with the north line of said North Half of the Northeast Quarter a distance of 550 feet; thence in a northerly direction along a line parallel with east line of said North Half of the Northeast Quarter to the point of intersection with the north line of said North Half of the Northeast Quarter; thence in an easterly direction along the north line of said North Half of the Northeast Quarter to the point of beginning; excepting therefrom the existing right of way of Trunk Highway No. 59 as now located and established;
which lies between two lines run parallel with and distant 75 and 85 feet northeasterly of the following described line: Beginning at a point on Line 1 described below distant 2644.5 feet northwesterly of its point of termination; thence continuing northwesterly along said Line 1 for 150 feet and there terminating;
Line 1. Beginning at a point on the west line of said Section 20, distant 699.4 feet south of the northwest corner thereof; thence southeasterly through a point on the east and west quarter line of said Section 20, distant 1051 feet west of the center thereof for a distance of 2700 feet and there terminating; containing 0.03 acre, more or less.
Names of parties interested in the above described land and nature of interest:
Keith A Christensen Fee
Ruth A. Christensen
Curtis W. Christensen
Lyn M. Christensen
Scott E. Hutton
Valerie A. Hutton
Kenton W. Christensen
Konnie L. Christensen
County of Pennington
Taxes and Ditch Lien
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 1, 2022
KEITH ELLISON
Attorney General
State of Minnesota
/s/Erik M. Johnson
ERIK M. JOHNSON
Assistant Attorney General
Atty. Reg. No. 0247522
445 Minnesota Street, Suite 1800
St. Paul, Minnesota 55101-2134
(651) 757-1476 (Voice)
(651) 297-1235 (Fax)
erik.johnson@ag.state.mn.us
ATTORNEY FOR PETITIONER
100885
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 1, 2022
KEITH ELLISON
Attorney General
State of Minnesota
/s/ Erik M. Johnson
ERIK M. JOHNSON
Assistant Attorney General
Atty. Reg. No. 0247522
445 Minnesota Street, Suite 1800
St. Paul, Minnesota 55101-2134
(651) 757-1476 (Voice)
(651) 297-1235 (Fax)
erik.johnson@ag.state.mn.us
ATTORNEY FOR PETITIONER