HomeMy WebLinkAboutXcel Orono Substation Easement Acquisition 2012 Fredrikson
ii'ti ': ` &BYRON,P.A.
November 9, 2012
RRC .�V
N0//7 EO
City of Orono Cll, 2412
c/o Linda Vee, City Clerk Oprl,..
2750 Kelley Parkway O
Orono, MN 55356
Re: Northern States Power Company, et al. vs. The Huntington Farm
Home Owners'Association, Inc., et aL
Court File No. 27-CV-12-21979
Dear Ms. Vee:
Enclosed herewith and personally served upon you are copies of the following documents in the
referenced matter: (1) Notice of Hearing on Petition; (2) Petition; and (3) Notice of Motion and
Motion for an Order Transferring Title and Possession.
Sincere ,
P
iio yard A-.-'' s
ttprney a cw
r;*ct Dial: 612.492.
'ail: hroston@fredlaw.com
HAR/gdg
Enclosures
5265295_1.docx
Attorneys & Advisors Fredrikson & Byron, P.A.
main 612.492.7000 200 South Sixth Street, Suite 4000
fax 612.492.7077 Minneapolis, Minnesota
www.fredlaw.com 55402-1425
MEMBER OF THE WORLD SERVICES GROUP OFFICES:
A Worldwide Network of Professional Service Providers Minneapolis/ Bismarck/ Des Moines/ Fargo/ Monterrey, Mexico/Shanghai
Inet
CD
Rai
I—i•
O
cn
(}l s N
-• 0D -ri
o 0 0 CD
tv
N
CD Cl) - a
-- v 0 0
'P -0 0 CD T
ry 0 ''' < co
ul — Cl) 0
x DQ°
-• D- a co
O '
CD
CD 7. ;0
Cn D
0
CD
0
0
0
ZJ vN n
Oo �
O m 0 0
zm < X
- mO
�
� mz
cr) D �
m
X
O
ii ..
F
.,._ .•
l0 CV CN
illarif:12 . .
0 0
1 1 i 443.z it
I ,
& .
CO
.......
.. ,
AO ...
......
. — ... ..
44, '--c\/ 0 ..-72
--7./iNo c,c,
#•• • h1. .... C\ 0•
.....:::
,.,1.! •vi.,11 L.._, 4/ co it ...
P .(z) 0 ...
• .L'1(i.ilror, 44 . . 4. ......
.•;1•,.•.4.:y.,. ,...,;(•"r,k! 4re ° ..
I.,,,.2.."-12-'•:-
...
....:: .
.7.
----. nj . --
......m..m... r- -
.__
1/11NM,.. ../11
..,
iii../MIIMIlin N ••••,•
......
. ..1.1.....=. 111•1•=1
IMIMM... ........ 1 ..
c0 -
imemimmommi m
--" al..111.01.M.
.......1.1111M. = .......
Er r] ....
......
IMMINE..... ..111011MIS
minimmonni in U..I
...,.,.
CI -I >. •-,- :,,
.. .... .... .......
,..... .. . r-, 0 <
... .. ..,. .. ....... -
,.... ..... ....= c3
..... ... ...,
........... .
(1)
CI
......... . 0 12[ LO III
` u 0 -< 12 ...
P
IIIIM•111•111111M .
IMIIIMINIMMIMM" ,.-1 Z 1-1-1 a- In CI .
..... .....m...... .
0 '-'
INIVIIIIIMNIII
r9 0
MOIMINIMOOMMOM
El 0
MI.EMIMMM. ••••I•1•
11" Z U-1 0 iii
0 = Y z ...•.
sa
-J f;f1
I- 0 Lo ct
. _ -..... r...... 111
0 0 c\I 0 •".
pj
fp
LU
•_
0 .
<i (i) t.
o.
'5,-;
0C
. .. 0
5. 5.
XI -0-C•-
•<
ozs x
Co .) ‘,;•
._
o ..c — Lo
Y 0 oO.N. .
.,..-- C 0
._ .d.
CI
v)
r-Y .
CU .
s—t
RECEIVED
NOV 14 2012
STATE OF MINNESOTA CITY OF ORONO DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
Case Type: Condemnation
Northern States Power Company (d/b/a Xcel
Energy), a Minnesota corporation, by its Board Court File No. 27-CV-12-21979
of Directors,
Petitioner,
NOTICE OF HEARING
vs. ON PETITION
The Huntington Farm Home Owners'
Association, Inc., a Minnesota non-profit
corporation; Great River Energy, a Minnesota
cooperative corporation; David C. Wilson;
Susan L. Wilson; Timothy Jason Admonius;
William R. Langton; Michelle K. Langton;
Andrew Stillman; Peter A. Passolt; Amy A.
Passolt; Steven P. Persian; Kathleen B. Persian;
Peter M. Schoon; Carla F. Schoon; Paul A.
Fogelberg; Melissa Fogelberg; Paul W. Fraser;
Nancy O. Fraser; Kuruvilla M. Kallivayalil;
Leena K. Kallivayalil; City of Orono; and
Hennepin County,
Respondents.
IN THE MATTER OF ACQUISITION OF REAL PROPERTY INTERESTS
IN HENNEPIN COUNTY FOR THE CONSTRUCTION OF
A 115 kV TRANSMISSION LINE PROJECT
TO THE RESPONDENTS HEREIN:
YOU WILL PLEASE TAKE NOTICE,that on January 15, 2013, at 8:30 a.m., or as soon
thereafter as Counsel can be heard, before The Honorable Tanya M. Bransford, Judge of District
Court, at the Hennepin County Government Center, Courtroom 1959, 300 South 6th Street,
Minneapolis, Minnesota, Petitioner will present its Petition in condemnation, which is now on file
with the District Court Administrator. A copy of the Petition is being served herewith and is made a
Xcel/Orono Line-Notice of Hearing
5255813v1-November 9,2012-Page 1
part hereof by reference as though fully set forth at this point. The objects of the Petition are stated
therein.
YOU WILL PLEASE TAKE FURTHER NOTICE, that Minnesota Statutes,
Section 117.055, subd. 2(b) (2012), provides 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.
Petitioner seeks an order of the Court: (1) adjudging that the taking is necessary, is for a
public use, and is authorized by law; (2) appointing three disinterested persons to serve as
commissioners to ascertain and report the amount of damages that will be occasioned by the taking;
and(3) fixing the time and place of the first meeting of the commis-loners and their compensation.
11/
il
Dated: November 9,2012. i�
/Steven J.`IQ ., 250673)
(Howard A "ston (#260460)
FREDRIKSON & BYRON,P.A.
200 South Sixth Street, Suite 4000
Minneapolis, Minnesota 55402-1425
Telephone: (612)492-7000
Fax: (612)492-7077
Attorneys for Petitioner
ACKNOWLEDGMENT
The undersigned acknowledges that sanctions may -be a arced pursuant to Minnesota
Statutes, Section 549.211 (2012).
G
Dated: November 9,2012. ,���
Howvard7 . ' . 00460)
L
XceUOrono Line-Notice of Hearing �v
5255813v1 -November 9,2012-Page 2
4
27-CV-12-21979 Filed in Fourth Judicial District Court
11/2/2012 2:22:13 PM
Hennepin County Civil,MN
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
Case Type: Condemnation
Northern States Power Company(d/b/a Xcel
Energy),a Minnesota corporation,by its Board Court File No.
of Directors,
Petitioner,
PETITION
vs.
The Huntington Farm Home Owners'
Association, Inc.,a Minnesota non-profit
corporation; Great River Energy,a Minnesota
cooperative corporation; David C. Wilson;
Susan L. Wilson;Timothy Jason Admonius;
William R. Langton;Michelle K. Langton;
Andrew Stillman;Peter A. Passolt;Amy A.
Passolt; Steven P. Persian; Kathleen B.Persian;
Peter M. Schoon; Carla F. Schoon; Paul A.
Fogelberg; Melissa Fogelberg; Paul W. Fraser;
Nancy O. Fraser; Kuruvilla M. Kallivayalil;
Leena K. Kallivayalil; City of Orono;and
Hennepin County,
Respondents.
IN THE MATTER OF ACQUISITION OF REAL PROPERTY INTERESTS
IN HENNEPIN COUNTY FOR THE CONSTRUCTION OF
A 115 kV TRANSMISSION LINE PROJECT
TO THE ABOVE-NAMED COURT:
Petitioner Northern States Power Company (d/b/a Xcel Energy), a Minnesota
corporation,by its Board of Directors,brings this Petition("Petition")and respectfully represents
and alleges as follows:
1. Petitioner is a public utility and public service corporation duly organized,
created, and existing under and by virtue of the laws of the state of Minnesota, having its
XcelfOrono Line-Petition
5255799v1—November 2,2012-Page 1
Filed in Fourth Judicial District Court
11/2/2012 2:22:13 PM
Hennepin County Civil,MN
principal place of business at Minneapolis, Hennepin County, Minnesota, for the purposes,
among others, of generating, transmitting, and supplying electric power and energy for public
use.
2. In the transaction of its business, Petitioner maintains and operates numerous
generating plants, electric substation facilities, and an extensive transmission and distribution
system for the generation,transmission,and supply of electric power and energy for public use.
3. Minnesota Statutes, Sections 222.36 and 301B.02 (2012) grant Petitioner the right
to acquire real property for the purposes stated herein by the exercise of the power of eminent
domain in the manner provided by Minnesota Statutes, Chapter 117(2012).
4. Under and by virtue of the corporate authority and power conferred upon
Petitioner by Minnesota law, Petitioner seeks to acquire certain real property rights for use in
connection with its business of generating,transmitting,and supplying electric power and energy
to the public.
5. Specifically, Petitioner seeks to acquire certain real property rights for use in.
connection with the relocation of approximately 0.2 miles of the existing Xcel Energy single
circuit 115 kV transmission line 0831, the construction and maintenance of approximately 0.4
miles of new double circuit 115 kV transmission line and associated facilities in Hennepin
County between Xcel Energy Line 0831 and the Orono Substation, and the expansion and
modification of the Orono Substation to accommodate the new 115 kV transmission line (the
"Project"). The Project includes construction of 115/115 kV single-pole double-circuit structures
composed of galvanized steel, the height of which will range from 75 to 115 feet, with the spans
between the poles ranging from 300 to 500 feet; construction of a new self-supporting single-
circuit angle structure in the portion of the line relocating Xcel Energy's existing line 0831
Xcel/Orono Line-Petition
5255799v1—November 2,2012-Page 2
Filed in Fourth Judicial District Court
11/2/2012 2:22:13 PM
Hennepin County Civil,MN
composed of galvanized steel, the height of which will be range from 70 to 90 feet, with the
spans between the structures ranging from 300 to 500 feet; and construction of single-pole cross
arm Y-frame structures composed of galvanized steel, the height of which will range from 70 to
90 feet, with the spans between the structures ranging from 300 to 500 feet along with associated
facilities necessary for connection of the transmission line at the substation (collectively, the
"Facilities"). The Facilities include all work and equipment necessary to establish and maintain
the aforedescribed transmission line.
6. The Project is necessary in order to replace and expand an existing 69 kV Orono
Substation with an expanded 115 kV substation at the same location and to connect the new 115
kV line with the Company's current facilities, which will allow the substation to serve electric
load in the area. Thus, the Facilities are necessary and will serve a public use and purpose.
7. To accomplish the foregoing public use and purpose of constructing the Project, it is
reasonably necessary and convenient for Petitioner to acquire by exercise of the power of eminent
domain perpetual and irrevocable easements and rights-of-way to survey, construct, operate,
maintain, use, upgrade, rebuild, relocate or remove a transmission line facility with one or more
circuits, with all towers, structures, poles, foundations, crossarms, cables, wires, guys, supports,
counterpoises, fixtures, and equipment related to said transmission line facility, together with
communication equipment relating to the operation of such transmission line facility through, over,
under, and across the lands described in Exhibit A, attached hereto and made a part hereof as
though fully set forth at this point. The easement rights to be acquired by Petitioner are specifically
described in Exhibit B,attached hereto and made a part hereof as though fully set forth herein.
8. The owners and occupants of the lands described in said Exhibit A shall have the
full use and enjoyment of the easement areas and rights-of-way, so long as said use and enjoyment
Xcel/Orono Line-Petition
5255799v1—November 2,2012-Page 3
Filed in Fourth Judicial District Court
11/2/2012 2:22:13 PM
Hennepin County Civil,MN
is consistent with Petitioner's rights as set forth in said Exhibit B. which, in addition to describing
the easement rights to be acquired,also describes and defines the owners' rights to use and enjoy the
easement areas and rights-of-way.
9. Petitioner has complied with the provisions of Minnesota Statutes, Sections 117.036
and 117.054(2012).
10. The legal description of the lands affected by the taking and the names of those
appearing of record or known to Petitioner to be the owners of said lands or interested therein,
including all whom Petitioner has, by investigation and inquiry,been able to discover,together with
the nature of the ownership of each,as ascertained by Petitioner,are set forth in said Exhibit A.
11. Petitioner, by resolution of its governing body,has authorized the acquisition of the
real estate described in said Exhibit A by the exercise of its rights of eminent domain,including the
use of the"quick-take"provision of Minnesota Statutes, Section 117.042 (2012).
12. The real estate to be acquired through this proceeding is located in Hennepin
County,Minnesota.
WHEREFORE,Petitioner prays for an order of this Court as follows:
1. Adjudging that said taking is for a public use and purpose, is necessary, and is
authorized by law,and granting the Petition;
2. Appointing three disinterested persons, and at least two alternates, to ascertain and
report the amount of damages that will be sustained by the several owners on account of the taking;
fixing the time and place of the first meeting of the three commissioners; prescribing their
compensation; and requiring the commissioners to file their report with the District Court
Administrator within 365 days from the date of the order appointing the commissioners,unless said
time be further extended by order of the Court;and
Xcel/Orono Line-Petition
5255799v1—November 2,2012-Page 4
Filed in Fourth Judicial District Court
11/2/2012 2:22:13 PM
Hennepin County Civil,MN
3. For such other and further relief as may be proper and pursuant to law.
Respect ully s b itted,
Dated: November .2012. Ark
Stdv.n J'. Q (# 0673)
Hi Yard A. Roston (#260460)
FREDRIKSON& BYRON,P.A.
200 South Sixth Street,Suite 4000
Minneapolis,Minnesota 55402-1425
Telephone:(612)492-7000
Fax: (612)492-7077
Attorneys for Petitioner
ACKNOWLEDGMENT
The undersigned acknowledges that sanctions may be awarded pursuant to Minnesota
Statutes,Section 549.211 (2012).
Dated: November d" 2012.
' I,;Par 4 A. ,YAW 260460)
Xcel/Orona Line-Petition
5255799v1—November 2,2012-Page 5
Filed in Fourth Judicial District Court
11/2/2012 2:22:13 PM
Hennepin County Civil,MN
EXHIBIT A
Northern States Power Company vs.The Huntington Farm
Home Owners' Association,Inc., et at.
Description of Parcel Affected (Property ID No.30-118-23-44-0006):
Outlot A, Huntington Farm, according to the recorded plat thereof, and situate in Hennepin
County,Minnesota.
Abstract Property.
Description of Interest to be Acquired:
Easement Area:
An easement over, under, and across that part of Outlot A,Huntington Farm, Hennepin.County,
Minnesota,which lies within 37.50 feet on each side of the following described centerline:
Commencing at the northeasterly corner of Outlot A,Huntington Farm,Hennepin
County, Minnesota:
thence South 01 degree 30 minutes 06 seconds West 7.35 feet along the east line of said
Outlot A to the point of beginning of the centerline to be described:
thence North 52 degrees 55 minutes 25 seconds West 618.97 feet;
thence North 61 degrees 36 minutes 36 seconds West 641.47 feet;
thence North 64 degrees 52 minutes 42 seconds West 538.60 feet;
thence South 76 degrees 27 minutes 00 seconds West 504.88 feet to the westerly line of
said Outlot A and said centerline there terminating.
It is intended that the sidelines of said easement are to be prolonged or shortened to terminate at
said east and westerly lines of Outlot A.
Containing 2.80 acres,more or less.
Name Nature of Interest
The Huntington Farm Home Owners' Fee Owner
Association,Inc.,a Minnesota non-
profit corporation
Great River Energy,a Minnesota Easement
cooperative corporation
David C. Wilson Possible rights as member of
Homeowners' Association
Susan L.Wilson Possible rights as member of
Homeowners' Association
XceUorono Line Petition-Exhibit A
5255799111—November 2,2012-Page A-i
Filed in Fourth Judicial District Court
11/2/2012 2:22:13 PM
Hennepin County Civil,MN
Name Nature of Interest
Timothy Jason Admonius Possible rights as member of
Homeowners' Association
William R. Langton Possible rights as member of
Homeowners' Association
Michelle K. Langton Possible rights as member of
Homeowners' Association
Andrew Stillman Possible rights as member of
Homeowners' Association
Peter A.Passolt Possible rights as member of
Homeowners' Association
Amy A. Passolt Possible rights as member of
Homeowners' Association
Steven P. Persian Possible rights as member of
Homeowners' Association
Kathleen B. Persian Possible rights as member of
Homeowners' Association
Peter M. Schoon Possible rights as member of
Homeowners' Association
Carla F. Schoon Possible rights as member of
Homeowners' Association
Paul A.Fogelberg Possible rights as member of
Homeowners'Association
Melissa Fogelberg Possible rights as member of
Homeowners' Association
Paul W.Fraser Possible rights as member of
Homeowners' Association
Nancy O. Fraser Possible rights as member of
Homeowners'Association
Kuruvilla M. Kallivayalil Possible rights as member of
Homeowners' Association
Leena K.Kallivayalil Possible rights as member of
Homeowners' Association
City of Orono Easement
Hennepin County County Road and Real Estate
Taxes
Xcel/Orono Line Petition-Exhibit A
5255799v1—November 2,2012-Page A-2
Filed in Fourth Judicial District Court
11/2/2012 2:22:13 PM
Hennepin County Civil,MN
EXHIBIT B
Easement Rights to be Acquired:
1. Petitioner shall acquire a perpetual right, privilege and easement(the "Easement")
to construct, operate, maintain, use, rebuild or remove electric lines with all towers, structures,
poles, foundations, crossarms, cables, wires, guys, supports, counterpoises, fixtures, and devices
appurtenant to said lines (collectively,the "Electric Lines") through, over, under, and across the
certain lands situated in Hennepin County,Minnesota,described on Exhibit A attached herein(the
"Premises"). The Easement shall be limited to that certain part of the Premises described as the
"Easement Area"on said Exhibit A.
2. Petitioner shall also acquire the right to enter upon the Premises to survey for and
locate said Electric Lines and shall also include the right to trim or remove from the Easement
Area any structures,trees(including tall or leaning trees located within the Premises adjacent to the
Easement Area, which may endanger said lines by reason of falling thereon) or objects, except
fences,which in Petitioner's opinion will interfere with said lines.
3. Owners shall not erect any buildings, structures, or other objects, permanent or
temporary, except fences, upon the Easement Area, nor shall they plant trees within the
Easement Area without Petitioner's prior express written approval, or perform any other act that
will interfere with or endanger the Electric Lines.
4. Petitioner shall also acquire reasonable access to the Easement Area across the
Premises and shall include the right of reasonable temporary use by the Company of the Premises
adjacent to the Easement Area during construction, repair or replacement of the Electric Lines.
The Electric Lines may be reconstructed or relocated within the Easement Area with changed
XccL1Orono Line Petition-Exhibit B
5255799v1—November 2,2012-Page B-1
Filed in Fourth Judicial District Court
11/2/2012 2:22:13 PM
Hennepin County Civil,MN
dimensions and to operate at different voltages. Petitioner shall also acquire the right to permit the
attachment of wires of others to the structure supporting the Electric Lines.
5. Owners may cultivate, use, and occupy the Easement Area in a manner that is not
inconsistent with Petitioner's rights acquired herein. Owners may dedicate and have or permit to
be improved, maintained, and used for the purposes of streets, curbs and gutters, sewers, water
and underground utilities ("improvements") the portion of the Easement Area not occupied by
the structures supporting Petitioner's electric system, provided that said Improvements do not in
Petitioner's opinion impair the structural or electrical integrity of or ability to maintain said
electric system or materially alter the existing ground elevations; and provided further that all
such Improvements shall not result in a ground or other clearance of less than the minimum
requirements specified by the National Electrical Safety Code and any other applicable laws or
regulations or other codes in effect from time to time. Owners and their agents or assigns must
submit plans of Improvements or other installations within the Easement Area for review,
compliance, and written approval by Petitioner prior to installation of the proposed
Improvements.
6. Petitioner will pay for direct damages to landscaping, roads and driveways,
livestock, crops, fields and other Owner property caused by Petitioner in connection with the
construction or maintenance of the Electric Lines, and by Petitioner's exercise of its rights as set
forth above.
XceUOrono Line Petition-Exhibit B
5255799v1—November 2,2012-Page B-2
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
Case Type: Condemnation
Northern States Power Company (d/b/a Xcel
Energy), a Minnesota corporation, by its Board Court File No. 27-CV-12-21979
of Directors,
Petitioner,
NOTICE OF MOTION AND
vs. MOTION FOR AN ORDER
TRANSFERRING TITLE
The Huntington Farm Home Owners' AND POSSESSION
Association, Inc., a Minnesota non-profit
corporation; Great River Energy, a Minnesota
cooperative corporation; David C. Wilson;
Susan L. Wilson; Timothy Jason Admonius;
William R. Langton; Michelle K. Langton;
Andrew Stillman; Peter A. Passolt; Amy A.
Passolt; Steven P. Persian; Kathleen B. Persian;
Peter M. Schoon; Carla F. Schoon; Paul A.
Fogelberg; Melissa Fogelberg; Paul W. Fraser;
Nancy O. Fraser; Kuruvilla M. Kallivayalil;
Leena K. Kallivayalil; City of Orono; and
Hennepin County,
Respondents.
IN THE MATTER OF ACQUISITION OF REAL PROPERTY INTERESTS
IN HENNEPIN COUNTY FOR THE CONSTRUCTION OF
A 115 kV TRANSMISSION LINE PROJECT
TO THE RESPONDENTS HEREIN:
YOU WILL PLEASE TAKE NOTICE,that on January 15, 2013, at 8:30 a.m., or as soon
thereafter as counsel can be heard, before the Judge of District Court, at the Hennepin County
Government Center, 300 South 6th Street, Minneapolis, Minnesota, Petitioner will move the Court
for an order transferring title to and possession of the property that is the subject of the instant
condemnation pursuant to Minn. Stat. § 117.042 (2012). This motion is based on Petitioner's
Xcel/Orono Line-Quick-Take Motion
5255818v1 -November 9,2012 -Page 1
Notice of Intention to Take Title and Possession, previously served by Certified Mail, its timely
payment of its approved appraisal of value in accordance with Minn. Stat. § 117.042, and the
operation of law. The date of possession will be February 4, 2013.
l,f
Dated: November 9, 2012.
Ste er7. Quari (#250673)
Ho yhrd A. Roston 1260460)
RIKSON&BYRON,P.A.
200 South Sixth Street, Suite 4000
Minneapolis,Minnesota 55402-1425
Telephone: (612)492-7000
Fax: (612)492-7077
Attorneys for Petitioner
ACKNOWLEDGMENT
The undersigned acknowledges that sanctions maybe awarde$ pursuant to Minnesota
Statutes, Section 549.211 (2012).
'S
Dated: November 9, 2012. ��1111g
' o . dA -• s # .0460)
XceVOrono Line-Quick-Take Motion
5255818v1 -November 9,2012 -Page 2
MNi
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
Northern States Power Company (d/b/a Xcel Case Type: Condemnation
Energy), a Minnesota corporation, by its Board
of Directors, Court File No. 27-CV-12-21979
Petitioner,
vs. AFFIDAVIT OF SERVICE
VIA CERTIFIED MAIL
The Huntington Farm Home Owners'
Association, Inc., a Minnesota non-profit
corporation; Great River Energy, a Minnesota
cooperative corporation; David C. Wilson;
Susan L. Wilson; Timothy Jason Admonius;
William R. Langton; Michelle K. Langton;
Andrew Stillman; Peter A. Passolt; Amy A.
Passolt; Steven P. Persian; Kathleen B. Persian;
Peter M. Schoon; Carla F. Schoon; Paul A.
Fogelberg; Melissa Fogelberg; Paul W. Fraser;
Nancy O. Fraser; Kuruvilla M. Kallivayalil;
Leena K. Kallivayalil; City of Orono; and
Hennepin County,
Respondents.
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
Gina Guthrniiler, being first duly sworn on oath, deposes and states that on the 5th day of
November, 2012, she served a Notice of Intention to Take Title and Possession upon the
parties listed on the attached Service List by placing a true and correct copy thereof in envelopes,
Certified-Mail labels attached, postage prepaid, and depositing the same in the post office at
Minneapolis, Minnesota.
Gina Guthmi ler
Subscribed and sworn to before me
this 5th day of November, 2012.
N. ary Public I I
5262870_1.docx DOROTHY A. BERGH
?a• NOTARY PUBLIC-MINNESOTA
My Commission Expires Jan.31,2015
r
INN 1
Description of Parcel Affected (Property ID No. 30-118-23-44-0006):
Name/Address Represented By
The Huntington Farm Home
Owners' Association, Inc.
870 Hunt Farm Rd
Orono MN 55356
Great River Energy
12300 Elm Creek Blvd
Maple Grove,MN 55369
David C. Wilson
840 Hunt Farm Road
Long Lake,MN 55356
Susan L. Wilson
840 Hunt Farm Road
Long Lake,MN 55356
Timothy Jason Admonius
755 Hunt Farm Road
Long Lake, MN 55356
William R. Langton
825 Hunt Farm Road
Long Lake,MN 55356
Michelle K. Langton
825 Hunt Farm Road
Long Lake,MN 55356
Mr.Andrew Stillman
835 Hunt Farm Road
Long Lake, MN 55356
—j -
Peter A.Passolt
885 Hunt Farm Road
Long Lake,MN 55356
Amy A.Passolt
885 Hunt Farm Road
Long Lake, MN 55356
Steven P. Persian Mark Kiperstin, Esq.
1005 Hunt Farm Road Parker Rosen, LLC •
Long Lake,MN 55356 300 First Avenue N, Suite 200
Minneapolis, MN 55401
2
111.1%.
r
Name/Address Represented By
Kathleen B. Persian Mark Kiperstin, Esq.
1005 Hunt Farm Road Parker Rosen,LLC
Long Lake, MN 55356 300 First Avenue N, Suite 200
Minneapolis,MN 55401
Peter M. Schoon
994 Hunt Farm Road
Long Lake, MN 55356
Carla F. Schoon
994 Hunt Farm Road
Long Lake,MN 55356
Paul A. Fogelberg
870 Hunt Farm Road
Long Lake, MN 55356
Melissa Fogelberg
870 Hunt Farm Road
Long Lake, MN 55356
Paul W.Fraser
830 Hunt Farm Road
Long Lake, MN 55356
Nancy O.Fraser
830 Hunt Farm Road
Long Lake, MN 55356
Kuruvilla M. Kallivayalil
760 Hunt Farm Road
Long Lake, MN 55356
Leena K.Kallivayalil
760 Hunt Farm Road
Long Lake,MN 55356
City of Orono
c/o Linda Vee,City Clerk
2750 Kelley Parkway
Orono,MN 55356
Hennepin County
c/o Mark Chapin,County Auditor
A-600 Government Center
300 South 6th Street
Minneapolis, MN 55487
5262870_I.docx
3
A
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
Case Type: Condemnation
Northern States Power Company (d/b/a Xcel
Energy), a Minnesota corporation, by its Board Court File No. 27-CV-12-21979
of Directors,
Petitioner,
NOTICE OF INTENTION
vs. TO TAKE TITLE AND POSSESSION
The Huntington Farm Home Owners'
Association, Inc., a Minnesota non-profit
corporation; Great River Energy, a Minnesota
cooperative corporation; David C. Wilson;
Susan L. Wilson; Timothy Jason Admonius;
William R. Langton; Michelle K. Langton;
Andrew Stillman; Peter A. Passolt; Amy A.
Passolt; Steven P. Persian; Kathleen B. Persian;
Peter M. Schoon; Carla F. Schoon; Paul A.
Fogelberg; Melissa Fogelberg; Paul W. Fraser;
Nancy O. Fraser; Kuruvilla M. Kallivayalil;
Leena K. Kallivayalil; City of Orono; and
Hennepin County,
Respondents. •
IN THE MATTER OF ACQUISITION OF REAL PROPERTY INTERESTS
IN HENNEPIN COUNTY FOR THE CONSTRUCTION OF
A 115 kV TRANSMISSION LINE PROJECT
TO THE RESPONDENTS HEREIN:
YOU WILL PLEASE TAKE NOTICE that Petitioner requires title to and possession of
that portion of your property that is the subject of the captioned condemnation action prior to the
filing of the award therefor by the court-appointed condemnation commissioners. The complete
description of said property is contained in the condemnation Petition, which is on file with the
Court Administrator and which will be separately served on you, and in the attached Exhibit A.
Xcel/Orono Line-Quick-Take Notice
5255816v1-November 5,2012-Page 1
^ A
Therefore, you are hereby notified that Petitioner intends to possess said property on February 4,
2013,pursuant to Minnesota Statutes, Section 117.042(2012).
Before taking title to and possession of said property, Petitioner will pay to the owners
thereof, or deposit with the Court, for the benefit of said owners, an amount equal to Petitioner's
approved appraisal of value of said property. // ��—
Dated: November S,2012 At AV/
' Steven J e (#250673)
Howard A. Roston(#260460)
FREDRIKSON& BYRON,P.A.
200 South Sixth Street, Suite 4000
Minneapolis,Minnesota 55402-1425
Telephone:(612)492-7000
Fax: (612)492-7077
Attorneys for Petitioner
Xcel/Orono Line-Quick-Take Notice
5255816v1-November 5,2012-Page 2
EXHIBIT A
Northern States Power Company vs. The Huntington Farm
Home Owners' Association,Inc.,et al.
Description of Parcel Affected (Property ID No. 30-118-23-44-0006):
Outlot A, Huntington Farm, according to the recorded plat thereof, and situate in Hennepin
County,Minnesota.
Abstract Property.
Description of Interest to be Acquired:
Easement Area:
An easement over, under, and across that part of Outlot A, Huntington Farm, Hennepin County,
Minnesota, which lies within 37.50 feet on each side of the following described centerline:
Commencing at the northeasterly corner of Outlot A, Huntington Farm, Hennepin
County, Minnesota:
thence South 01 degree 30 minutes 06 seconds West 7.35 feet along the east line of said
Outlot A to the point of beginning of the centerline to be described:
thence North 52 degrees 55 minutes 25 seconds West 618.97 feet;
thence North 61 degrees 36 minutes 36 seconds West 641.47 feet;
thence North 64 degrees 52 minutes 42 seconds West 538.60 feet;
thence South 76 degrees 27 minutes 00 seconds West 504.88 feet to the westerly line of
said Outlot A and said centerline there terminating.
It is intended that the sidelines of said easement are to be prolonged or shortened to terminate at
said east and westerly lines of Outlot A.
Containing 2.80 acres, more or less.
Name Nature of Interest
The Huntington Farm Home Owners' Fee Owner
Association, Inc., a Minnesota non-
profit corporation
Great River Energy, a Minnesota Easement
cooperative corporation
David C. Wilson Possible rights as member of
Homeowners' Association
Susan L. Wilson Possible rights as member of
Homeowners' Association
Xcel/Orono Line Petition-Exhibit A
5255815v1—November 2,2012-Page A-1
Name Nature of Interest
Timothy Jason Admonius Possible rights as member of
Homeowners' Association
William R. Langton Possible rights as member of
Homeowners' Association
Michelle K. Langton Possible rights as member of
Homeowners' Association
Andrew Stillman Possible rights as member of
Homeowners' Association
Peter A. Passolt Possible rights as member of
Homeowners' Association
Amy A. Passolt Possible rights as member of
Homeowners' Association
Steven P. Persian Possible rights as member of
Homeowners' Association
Kathleen B. Persian Possible rights as member of
Homeowners' Association
Peter M. Schoon Possible rights as member of
Homeowners' Association
Carla F. Schoon Possible rights as member of
Homeowners' Association
Paul A. Fogelberg Possible rights as member of
Homeowners' Association
Melissa Fogelberg Possible rights as member of
Homeowners' Association
Paul W. Fraser Possible rights as member of
Homeowners' Association
Nancy O. Fraser Possible rights as member of ,
Homeowners' Association
Kuruvilla M. Kallivayalil Possible rights as member of
Homeowners' Association
Leena K. Kallivayalil Possible rights as member of
Homeowners' Association
City of Orono Easement
Hennepin County County Road and Real Estate
Taxes
XceUOrono Line Petition-Exhibit A
5255815v1—November 2,2012-Page A-2