HomeMy WebLinkAboutNotice of condemnation and quick take procedding STATE OF MINNESOTA CONDEMNATION
IN DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
District Court File No. 27-CV-17-18805
County of Hennepin, Petitioner,
v.
2642 Bobolink, L.L.C., a Minnesota limited liability company, et. al., Respondents.
IN THE MATTER OF THE CONDEMNATION OF
CERTAIN LAND FOR HIGHWAY PURPOSES
COUNTY STATE AID HIGHWAY 112
HENNEPIN COUNTY PROJECT 2091102
NOTICE OF CONDEMNATION AND "QUICK TAKE" PROCEEDING
To the Respondents hereinabove named:
You, and each of you, are hereby notified that on March 16, 2018 at 8:30 am, or as soon thereafter as
counsel can be heard, before Judge Susan N. Burke, in the Hennepin County Government Center at
Minneapolis, 300 South 6th Street, Hennepin County, Minnesota, the above named petitioner will present to
the above named Court a petition now on file for the condemnation of certain lands for highway purposes. A
copy of said petition that affects your property is attached hereto and incorporated herein.
RESPONDENTS, 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 Minnesota Statutes Section 117.042, as of April 2, 2018.
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.
THE COUNTY OF HENNEPIN
Michael O. Freeman
County Attorney
By /s/Deborah L. Russell
Deborah L. Russell (0242998)
Assistant County Attorney
Attorney for Petitioner
A2000 Government Center
Minneapolis, Minnesota 55487
Telephone: (612) 348-6077
Fax No. (612) 348-8299
deborah.russell@hennepin.us
•
27-CV-17-18805
Filed in Fourth Judicial District Cour
12/11/2017 11:46 AN
Hennepin County,MN
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
Case Type: Condemnation
PETITION
County of Hennepin, Petitioner,
v.
2642 Bobolink, L.L.C., a Minnesota limited liability company, et al. Respondents,
Parcel(s)
213 2642 Bobolink, L.L.C., a Minnesota limited liability company
CorTrust Bank, N.A.
Kohner Johnson
Erin Cella
214 Edward V. Peterson
Alice S. Peterson
City of Long Lake
Les Duoos
227 Reed A. Bales
Jeanne T. Bales
Wells Fargo Bank, N.A.
238 Kurtis W. Kaminski
Mortgage Electronic Registration Systems, Inc.
City of Long Lake
City of Orono
County of Hennepin
All other parties unknown having any right, title or interest in the premises herein,
together with the unknown heirs or devisees, if any, of the parties that may be
deceased, and including unknown spouses, if any
27-CV-17-18805 Filed in Fourth Judicial District Cou
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Hennepin County,M
TO THE DISTRICT COURT ABOVE NAMED:
Your petitioner, the County of Hennepin, respectfully states and alleges:
That the petitioner is a county organized and existing under the laws of the State of Minnesota; that the
County Board of petitioner County is by statute charged with the designation, relocation, construction,
reconstruction, improvement and maintenance of the County State Aid Highways/County Roads, within Hennepin
County, and that when necessary for the alteration, reconstruction and maintenance of those County State Aid
Highways/County Roads, and for the safety of travel thereon, the Hennepin County Board is authorized and
empowered to acquire by condemnation all additional lands and rights necessary for such right of way purposes,
through proceedings of eminent domain initiated under Minnesota Statutes, Chapter 117.
II.
That the petitioner applies to the Court for an Order permitting petitioner to pay to the owner or deposit
with the Court an amount equal to the petitioner's approved appraisal of value, and vesting title and possession
to petitioner of the parcels described in the Notice(s) of Intent to Take Possession, pursuant to Minnesota
Statutes, Section 117.042.
III.
That County State Aid Highway 112 between Wolf Pointe Trail and Wayzata Boulevard in the Cities of
Long Lake and Orono is land duly within the boundaries of Hennepin County.
Iv.
That the Hennepin County Board has determined the necessity of reconstruction, alteration, construction,
widening, improvement and maintenance on County State Aid Highway 112 as described above, and that the
County Board has determined to acquire and take by these proceedings the land and interest in land as
hereinafter more particularly described as being necessary to safely use and travel on that/those roads; that the
County Board has determined that property rights in the lands hereinafter described be acquired, together with
the following rights: To acquire and obtain the exclusive ownership of all the dirt or other material necessarily
excavated, removed or taken from said lands, to take and acquire all structures thereon; and all trees, shrubs,
grass and herbage now and hereafter growing within the right of way, and to have the exclusive control of the
same, and to acquire other rights and/or easements in those cases particularly mentioned herein, in accordance
with the resolution adopted by said County Board on September 13, 2011 a certified copy of which is attached
and incorporated as Exhibit A.
27-CV-17-18805
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Hennepin County,MI
V.
That the petitioner reserves the right to recover costs of clean-up, testing and all other damages resulting
from the presence of pollutants, contaminants, or hazardous materials on the property from all potential
responsible parties in a separate legal action.
VI.
That the land required and proposed to be taken and acquired, and the land in and over which rights and
interests are required and proposed to be taken and acquired in this proceeding, are situated in the County of
Hennepin, State of Minnesota. The descriptions of each parcel, and the names of all persons interested therein
whom your petitioner has been able by investigation or inquiry to discover, together with the nature and
ownership of each, the identification of such interests being for informational purposes only and not intended to
limit the right, title, estate, lien or interest of any respondent in the property, as nearly as can be ascertained, are
as follows:
• 27-CV-17-18805
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Hennepin County,M
Parcel No. 213 (CSAH No. 112, Project No. 091102) Page 1 of 2
Torrens Certificate of Title No. 1406703 PID No. 35-118-23-42-0006
A permanent easement for wall and utility purposes over all that part of the following described
tract:
That part of the West 124 feet of the East 497.5 feet of Government Lot 4, Section 35,
Township 118, Range 23, which lies between the Westerly extension of the North line
of Lot 1, Block 1, Lindawood 2nd Addition and the Southerly right-of-way line of U.S.
Highway No. 12, according to the Government Survey thereof,
which lies southwesterly of the south line of HENNEPIN COUNTY STATE HIGHWAY NO. 112,
PLAT 98 and northeasterly and easterly of the following described line:
Beginning at the intersection of the east line of the above described tract and a line
drawn parallel with and distant 5.00 feet southwesterly of the southwesterly line of
HENNEPIN COUNTY STATE HIGHWAY NO. 112, PLAT 98;thence northwesterly
along said parallel,line for 64.86 feet; thence northeasterly on a line drawn radial to the
southwesterly fine of HENNEPIN COUNTY STATE HIGHWAY NO. 112,PLAT 98 for
5.00 feet to the intersection with the southwesterly line of HENNEPIN COUNTY STATE
HIGHWAY NO. 112, PLAT 98 and said line there terminating.
Also a temporary easement for construction purposes over all that part of the above described
tract which lies southwesterly of the above described wall and utility easement and
northeasterly and easterly of the following described line:
Beginning at the intersection of the east line of the above described tract and a line
drawn parallel with and distant 10.00 feet southwesterly of the southwesterly line of
HENNEPIN COUNTY STATE HIGHWAY NO. 112, PLAT 98; thence northwesterly
along said parallel line for 28.00 feet; thence northeasterly on a line drawn radial to the
southwesterly line of HENNEPIN COUNTY STATE HIGHWAY NO. 112, PLAT 98 for
5.00 feet to the intersection with the southwesterly line of the above described wall and
utility easement and said line there terminating.
Also a temporary easement for construction purposes over all that part of the above described
tract which lies southwesterly of the southwesterly line of HENNEPIN COUNTY STATE
HIGHWAY NO. 112, PLAT 98 and northeasterly and westerly of the following described line:
Beginning at the intersection of the west line of the above described tract and a line
drawn parallel with and distant 12.00 feet southwesterly of the southwesterly line of
HENNEPIN COUNTY STATE HIGHWAY NO. 112, PLAT 98; thence southeasterly
along said parallel line for 17.76 feet; thence northeasterly on a line drawn radial to the
southwesterly line of HENNEPIN COUNTY STATE HIGHWAY NO. 112, PLAT 98 for
7.00 feet;thence southeasterly parallel with the southwesterly line of HENNEPIN
COUNTY STATE HIGHWAY NO. 112, PLAT 98 for 38.53 feet; thence northeasterly on
a line drawn radial to the southwesterly line of HENNEPIN COUNTY STATE HIGHWAY
NO. 112, PLAT 98 for 5.00 feet to the intersection with the southwesterly line of
27-CV-17-18805
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Hennepin County,MI\
Parcel No. 213 (CSAH No. 112, Project No. 091102) Page 2 of 2
Torrens Certificate of Title No. 1406703 PID No. 35-118-23-42-0006 •
HENNEPIN COUNTY STATE HIGHWAY NO. 112, PLAT 98 and said line there
terminating.
Said temporary easement(s) to begin on April 2, 2018 and expire on July 31, 2019.
Names of Parties interested in said land and nature of Interest.
Name Nature of Interest
2642 Bobolink, L.L.C., a Minnesota limited liability company Fee Owner
CorTrust Bank, N.A. Mortgagee
Kohner Johnson Tenant
Erin Cella Tenant
City of Long Lake Assessments, if any
County of Hennepin Taxes
All other parties unknown having any right, title Possible holder of an interest
or interest in the premises herein, together with
the unknown heirs or devisees, if any, of the
parties that may be deceased, and including
unknown spouses, if any.
•
27-CV-17-18805
Filed in Fourth Judicial District Court
12/11/2017 11:46 AM
Hennepin County,MN
Parcel No. 214 (CSAH No. 112, Project No. 091102) Page 1 of 2
Abstract Property P1D No. 35-118-23-42-0002
A permanent easement for wall and utility purposes over all that part of the following described
tract:
The West 123.5 feet of the East 373.5 feet of the West half of the Southeast Quarter of
Section 35, Township 118, North, Range 23, West, of the Fifth Meridian, described as
follows: Commencing at a point on the Northerly right-of-way line of the Electric Short
Line Railway, (now Minnesota Western Railway) at a point distant 250 feet West of the
East line of said West half; thence North and parallel to said East line a distance of
1,293.32 feet to the point of beginning of tract of land to be described; thence angle left
90 degrees a distance of 123.5 feet; thence angle North 90 degrees to the center line of
the Minneapolis and Watertown Road, (now U.S. Trunk Highway No. 12); thence
Southeasterly along said center line to the West line of Linda Wood; thence South
along said West line to the point of beginning, according to the recorded plat thereof,
which lies southwesterly of the southwesterly line of HENNEPIN COUNTY STATE HIGHWAY
NO. 112, PLAT 98 and northeasterly and westerly of the following described line and its
northwesterly extension:
Beginning at the intersection of the west line of the above described tract and a line
drawn parallel with and distant 5.00 feet southwesterly of the southwesterly line of
HENNEPIN COUNTY STATE HIGHWAY NO. 112, PLAT 98; thence southeasterly
along said parallel line for 140.90 feet; thence northeasterly on a line drawn radial to the
southwesterly line of HENNEPIN COUNTY STATE HIGHWAY NO. 112, PLAT 98 for
5.00 feet to the intersection with the southwesterly line of HENNEPIN COUNTY STATE
HIGHWAY NO. 112, PLAT 98 and said line there terminating.
Also a temporary easement for construction purposes over all that part of the above described
tract which lies southwesterly of the southwesterly line of the above described wall and utility
easement and northeasterly and westerly of the following described line and its northwesterly
extension:
Beginning at the intersection of the west line of the above described tract and a line
drawn parallel with and distant 10.00 feet southwesterly of the southwesterly line of
HENNEPIN COUNTY STATE HIGHWAY NO. 112, PLAT 98; thence southeasterly
along said parallel line for 22.24 feet; thence northeasterly on a line drawn radial to the
southwesterly line of HENNEPIN COUNTY STATE HIGHWAY NO. 112, PLAT 98 for
5.00 feet to the intersection with the southwesterly line of the above described wall and
utility easement and said line there terminating.
Said temporary easement(s) to begin on April 2, 2018 and expire on July 31, 2019.
•
27-CV-17-18805 Filed in Fourth Judicial District Court
12/11/2017 11:46 AM
Hennepin County,MN
Parcel No. 214 (CSAH No. 112, Proiect No. 091102) Page 2 of 2
Abstract Property PID No. 35-118-23-42-0002
Names of Parties interested in said land and nature of Interest.
Name Nature of Interest
Edward V. Peterson Fee Owner
Alice S. Peterson Fee Owner
City of Long Lake Easement
Les Duoos Judgment
City of Long Lake Assessments, if any
County of Hennepin Taxes
All other parties unknown having any right, title Possible holder of an interest
or interest in the premises herein, together with
the unknown heirs or devisees, if any, of the
parties that may be deceased, and including
unknown spouses, if any.
•
• 27-CV-17-18805
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Hennepin County,MN
Parcel No. 227 (CSAH No. 112, Project No. 091102) Page 1 of 2
Abstract Property PID No. 35-118-23-41-0004
A permanent easement for highway purposes over all that part of the following described tract:
That part of the East half of the Southeast Quarter of Section 35, Township 118, Range
23, Hennepin County, Minnesota, described as follows: Commencing at a point on the
North line of the Southeast Quarter of said Section distant 899.3 feet West of the
Northeast corner thereof;thence South parallel with the East line of said Section 255.5
feet to the actual point of beginning of the tract to be described; thence continuing
South parallel with the East line of said Section to the Northeasterly line of U.S.
Highway No. 12; thence Northwesterly along the Northeasterly line of said Highway to a
point 90 feet due East of the West line of the East half of the Southeast Quarter of said
Section;thence North parallel with said West line to a point 240 feet South of the North
line of said Southeast Quarter; thence Easterly 358.3 feet to the actual point of
beginning.
which lies southwesterly of the following described line and its southeasterly extension:
Beginning at the intersection of the east line of the above described tract and a line
drawn parallel with and distant 5.00 feet northeasterly of the easterly line of HENNEPIN
COUNTY STATE AID HIGHWAY NO. 112, PLAT 98; thence northwesterly along said
parallel line for 249.20 feet; thence southwesterly, deflecting left 90 degrees 01 minute
23 seconds for 5.00 feet and said line there terminating.
Also a permanent easement for drainage and utility purposes over all that part of the above
described tract which lies within 10.00 feet on each side of the following described line:
Commencing at the intersection of the east line of the above described tract and the
northeasterly line of the above described highway easement; thence northwesterly
along the northeasterly line of said highway easement for 67.75 feet to the point of
beginning of the line being described; thence northeasterly, deflecting right 90 degrees
05 minutes 41 seconds for 37.00 feet and said line there terminating.
The southeasterly and northeasterly side lines of said drainage and utility easement shall be
shortened to terminate at the east line of the above described tract.
Also a permanent easement for drainage and utility purposes over all that part of the above
described tract which lies within 23.00 feet on each side of the following described line:
Commencing at the intersection of the west line of the above described tract and the
easterly line of HENNEPIN COUNTY STATE AID HIGHWAY NO. 112, PLAT 98;
thence southeasterly along said easterly line for 80.86 feet to the point of beginning of
the line being described; thence northeasterly, deflecting left 89 degrees 54 minutes
19 seconds for 52.37 feet and said line there terminating.
Also a temporary easement for construction purposes over all that part of the above described
tract which lies southwesterly of the following described line and its southeasterly extension:
• 27-CV-17-18805
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Hennepin County,MN
Parcel No. 227 fCSAH No. 112, Project No. 091102) Page 2 of 2
Abstract Property PID No. 35-118-23-41-0004
Commencing at the intersection of the east line of HENNEPIN COUNTY STATE AID
HIGHWAY NO. 112, PLAT 98 and the west line of the above described tract; thence
northerly along said west line on an assumed bearing of North 0 degrees 41 minutes 37
seconds West for 92.69 feet to the point of beginning of the line being described;
thence South 30 degrees 48 minutes 23 seconds East for 321.23 feet; thence South 86
degrees 27 minutes 31 seconds East for 18.42 feet; thence South 3 degrees 32
minutes 29 seconds West for 85.39 feet; thence South 30 degrees 54 minutes 03
seconds East for 198.52 feet; thence South 55 degrees 35 minutes 08 seconds East for
57.47 feet; thence South 30 degrees 54 minutes 03 seconds East for 63.71 feet to the
east line of said tract and said line there terminating.
Said temporary easement(s) to begin on April 2, 2018 and expire on July 31, 2019.
Names of Parties interested in said land and nature of Interest.
Name • Nature of Interest
Reed A. Bales Fee Owner
Jeanne T. Bales Fee Owner
Wells Fargo Bank, N.A. Mortgagee
City of Orono Assessments, if any
County of Hennepin Taxes
All other parties unknown having any right, title Possible holder of an interest
or interest in the premises herein, together with
the unknown heirs or devisees, if any, of the
parties that may be deceased, and including
unknown spouses, if any.
• 27-CV-17-18805
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Hennepin County,MN
Parcel No. 238 (CSAH No. 112, Project No. 091102) Page 1 of 2
Abstract Property PID No. 35-118-23-24-0005
A permanent easement for drainage and utility purposes over all that part of the following
described tract:
The East 84 feet of that part of Government Lot 3 in Section 35, Township 118, Range
23, lying North of the center line of Trunk Highway No. 12, according to the United
States Government Survey thereof, Hennepin County, Minnesota,
which within lies 10.00 feet on each side of the following described line:
Commencing at the intersection of the east line of said Government Lot 3 and the north
line of HENNEPIN COUNTY STATE AID HIGHWAY NO. 112, PLAT 98; thence
westerly along said north line for 67.07 feet to the point of beginning of the line being
described; thence northerly, deflecting right 89 degrees 58 minutes 25 seconds for
32.00 feet and said line there terminating.
Also a temporary easement for construction purposes over all that part of the above described
tract which lies southerly of the following described line:
Commencing at the intersection of the north line of HENNEPIN COUNTY STATE AID
HIGHWAY NO. 112, PLAT 98 and the east line of said Government Lot 3; thence
northerly along the east line of said Government Lot 3 on an assumed bearing of North
1 degree 21 minutes 45 seconds West for 52.00 feet to the point of beginning of the line
being described; thence South 87 degrees 39 minutes 26 seconds West for 24.00 feet;
thence South 56 degrees 25 minutes 16 seconds West for 40.29 feet; thence South 55
degrees 43 minutes 26 seconds West for 23.34 feet;thence South 78 degrees 34
minutes 45 seconds West for 6.40 feet to the west line of the above described tract and
said line there terminating.
Said temporary easement(s) to begin on April 2, 2018 and expire on July 31, 2019.
Names of Parties interested in said land and nature of Interest.
Name Nature of Interest
Kurds W. Kaminski Fee Owner
Mortgage Electronic Registration Systems, Inc. Mortgagee
City of Long Lake Assessments, if any
County of Hennepin Taxes
All other parties unknown having any right, title Possible holder of an interest
or interest in the premises herein, together with
• 27-CV-17-18805
Filed in Fourth Judicial District Cou
12/11/2017 11:46 AM
Hennepin County,MN
Parcel No. 238 (CSAH No. 112, Project No. 091102) Page 2 of 2
Abstract Property PID No. 35-118-23-24-0005
the unknown heirs or devisees, if any, of the
parties that may be deceased, and including
unknown spouses, if any.
• 27-CV-17-18805 Filed in Fourth Judicial District Cou
12/11/2017 11:46 AM
Hennepin County,MN
WHEREFORE, Your petitioner prays that it be judged that the use for which said property is proposed to
be taken is a public use and public purpose, and this taking is authorized by law; that three competent and
disinterested persons, and two alternates, be appointed as commissioners, to serve in accordance with the
Hennepin County Policy on Condemnation Proceedings, to ascertain and report the amount of damages that will
be sustained by the owners and interested persons; that the Court order and fix the time and place of the first
meeting of such commissioners and prescribe their compensation; that they be directed and instructed by the
Court to proceed according to law to make a fair and impartial assessment and award of all of the damages that
may be sustained by the owners and parties in interest in the land herein described by reason of such taking, and
report the same to this Court, and in all cases, where for any reason, it shall be doubtful to whom the award shall
be paid, that the payment be made to the District Court Administrator, to be paid out under the direction of the
Court; and for such other purposes and relief as may be appropriate.
THE COUNTY OF HENNEPIN
Michael O. Freeman
County Attorney
Dated:December 11,2017 By s/Deborah L. Russell
Debut all.L. Russell (0242998)
Assistant County Attorney
Attorney for Petitioner
A2000 Government Center
Minneapolis, Minnesota 55487
Telephone: (612) 348-6077
Fax No. (612) 348-8299
deborah.russell@hennepin.us
27-CV-17-18805
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12/11/2017 11:46 AN
EXHIBIT A Hennepin County,Mk
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CLERK OF THE BOARD
I, Deputy Clerk to the Board of the above named County, do hereby certify that I have compared
the papers writing,to which this certificate is attached, with the original
Resolution No. 11-0346 adopted by the County Board of Commissioners on September 13, 2011
as the same appears of record and on file in the said Clerk to the Board's office,at the Government Center
in said Hennepin County,and find the same to be true and correct copy thereof.
IN TESTOMONY WHEREOF, I have hereunto set my
hand and affixed the seal of said County at the City of
Minneapolis, this 09th day of November A.D. 2017
YOLANDA C CLARK
Deputy Clerk to the County Board _
by: t/
Deputy o / Clerk to the County Board
• 27-CV-17-18805
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Hennepin County,Mk
Hennepin County, Minnesota
RESOLUTION NO. 11-0346
[2011] www.henhepin.us
The following Resolution was offered by Public Works, Energy& Environment Committee:
BE IT RESOLVED, that in the public interest and for the safety of travel, the County Administrator
be authorized to acquire fee title and/or easements by negotiation for direct purchase or
condemnation on various Public Works Transportation Capital Improvement Projects, as on file
with the Clerk to the Board, and that excess right of way on the projects be declared surplus
property; that the County Administrator be authorized to sign the Purchase Agreement, deed and
all other conveyance documents on behalf of Hennepin County; and that the Controller be
authorized to disburse funds as directed.
The question was on the adoption of the resolution and there were 6 YEAS and 0 NAYS, as
follows:
County of Hennepin
Board of County Commissioners YEAS NAYS ABSTAIN ABSENT
Mike Opat - X
Mark Stenglein X
Gail Dorfman X
Peter McLaughlin X
Randy Johnson X
Jan Callison X
Jeff Johnson X
RESOLUTION ADOPTED ON 911312011
UC--P0ea'",-Th
ATTEST:
Deputy/Clerk to the County Board
1
Generated 9/15/2011 12:55:08 PM