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Home My WebLink AboutMeyer Dairy Addition easementFfiUif, POPHAM HAI K MPLI" STATE OF MINNESOTA COUNTY OF HFNNEPIN (WEh) 11. 1 96 14:59,"'T. 14:5;,;%'Nig. ;700006745 F' 2 DISTRICT COURT F00RTH JUDICIAL DISTRICT CASE TYPE: CONDEMNATION Court Fite No, CD - IN THE MATTER OF CONDEMNATION NOTICE OF INTENT TO TAKE BY THE CITY OF ORONO OF CERTAIN POSSESSION UNDER. LANDS LOCATED TN T'HE CITY OF ORONO MINN. STAT §117.042 TO: ALL PARTIES NAMED IN THE EXHIBITS ATTACHED HERETO AND MADE A PART HEREOF: YOU, AND EACH OF YOU, ARE HF-RtBY NOTIFIED that the City of Orono (the "Petitioner") has filed its petition (the "petition") with the above-named Court to acquire, by condemnation, certain property interests situated in Orono, Minnesota, described in the Exhibits attached hereto and made a part hereof (collectively, the "Property"). The interests being acquired consist of temporary and permanent easements. The Property is being acquired to carry out the purposes of Minnesota Statutes, which cannot be accomplished without government assistance, as more fully set forth in the Petition. The Petition seeks the appointment by the Court of three (3) Commissioners to ascertain and report the damages that will be sustained by the owners and an account of the Property affected by such talking. The interests in the Property to be taken are, together with the names of all persons appearing of record or known to the Petitioner to be the owners of or interested in such Property interests, including all of whom the Petitioner has been able by investigation and due inquiry to discover, together with the nature of the interests as nearly as can be ascertained, described in the Exhibits attached hereto and oracle a port hereof. f 1 OP -2) 22384 9116M6 FROM POPHAM HAIK MPL;3 (WED) 11, 1 96 14: 14: 5�",/'NO. 570000 f745 P Petitioner will move the Court for an order pe.rinitting Petitioner to deposit the amount of Petitioner's approved appraisal for each parcel of the Property into the Court, which amounts are. specified on Schodulu 1 attached hereto. Such doptosit will thereby transfer title and right to possession of any easement for which the deposit. is made to the -Petitioner, effective. on they Quick -Take Date, n.; to queh Easements for which good and rnarkngble title has not previously been presented to Paidoner by the owner or owners thereof. Neither the payment to the owner or owners nor deposit into the Court pursuant to Minn. Suit, § 117.042, as amended, shill prcjudice or affect the right of an owner or owners to contend for further payment in this proceeding or the right of Petitioner to seek a lesser payment in this proceeding. Dated: �-199E POPHAM-,�1iAIf5., SCHNC3BRIC)•i & %.AUFMAN, LTD. By Thomas J. RadioReg. No. 137029 /Reg. Steven A. Faye No, 211308 Suite 3300, 222 Ninth Street South Minneapolis, MN 55402 (612) 333-4800 Attorneys for City of Orono This Petition was drafted by Popham, f4aik, Schnobrich & Kaufman, Ltd., Attorneys at Law. 61022122339 9116x)6 3 FRUM POPHAM HAIK MFU' lE D) I I - I S' 06 17, : 0 0/";?'T. 14: '1- 101/0. S 7 () 0 () 0 0 7 4 5 P 4 SCHEDULE I QUICK -TAKE DEPOSIT AMOUNTS PARCEL AMQUN L $1,645.00 2. $31,212.00 3. $4,250.GO 4, $1,000-00 610/22122389 9116,96 4 FAUN POPHAM HAI K MPL2 (WE, D) 11, 1 96 15 ; 00/2'T. 14:5 ;°NU. 7t}??t7t7045 F' 5 Parcel l EX111 IT A llh'.SCRIFTION OF PROPERTY INTERESTS ACQUIRED A tempi)rary easement for cCnl}iJUUUOII Purpi,scs cvcr, across, upon, and under the. w•c5t 10.0 feet of the following detic:ribed pafeel: Lot 2, r3lock 1. Meyer Dairy Addition, according to the map or flat on rile and ()frecord in the Off of tl-ie County Recorder, Hennepin County, Minnesota. Said lelilixrary easement shall auto)rnatically expire on June 10, 1997 without need o1 Iecor(ling furtllt;i 1113tIU131�11t5, It is the intention of Ole Petitioner to acquire the at)vve-described easements, including, but not limited to the interests of the following parties in such easement; Party Interest 1. William E. Bcuiling fee owner 2. Elizabeth Ii, Bruning fee owner Parcel 2 A temporary easement for construction purposes over, acrnss, upon, and under the we&,t 111.0 feet of the south 267.5 feet and the west 25.0 fret of the north 150-0 feet of Lot 1, Block 1, Meyer Dairy Addition, according to the map or plat on file and of record in the Office, of the Coulity Tie -corder, Hennepin County, Minnesota, Said temporary easement- shall automatically expire on June 30, 1997 without need of recording further instruments. It is the intention of the Petitioner to acquire the above-described easements, including, but not limited to the interests of the fallowing par-Ue.S in such easement: farts Interest L wmiarn Douglas 1-ble fee owner 2. Kimberly 13. Mle fee owner Earcel 3 A temporary easement for construction purposes over, across, upon, and under the west 15.0 feet of the following described parcel' Lot 1, Block 1, Peterttlan Addition, according to the map or plat on file and of record in the Office of the County Recorder, Hennepin County, Minnesota. Said temporary easemenL shall automatically expire on June 30, 1997 without need of recording ftlr ber instruments. A peTpetual easement for trail purposes over, acraSS, upon, and under the west 7.0 feet of said Lot 1. It is the intention of the Petitioner to acc4uiro the above-described easements, including, but not limited to the interests of the folk)wing parties in such easement: 6j0r22122S84 9/16/96 FROST POPHAM HAIK MPL,:' (VIED) 11. 1 96 15:00;%``'T 14:5, %NO, 9700000745 P (i Lady Interest I_ Robert 1, Will fee owner 2_ Alin M. Will fee owner Pw cel 4 A temporary Casement for construction puiWSe5 ()Yr�f, a0ii)86, upon, and undef tile wort 20.0 feet of the following described parcel: Lots 1 and 2. Block 1, Van Dale Addition, according to the map or plat on file laid of record in the Office of the County Recorder, Hennepin County, Minnesota, Said wmpvrary casement shall automatically expire on rune 30, 1997 without need of recording fw- her instruments. A perpetual casement for drainage and utility purposes over, across, upon, and under the north 80.0 feet of the south 120.0 feet of the west 10.0 feet of said Lot 1, Block 1. A perpetual easement for drainage and utility purposes over, across, upon, and under the south 40.0 feet of the west 10.0 fe-et of said Lot 2, Block 1. It is the intention of the Petitioner to acquire the above-described easements, including, but not limited to the interests of tha following parties in such easements Party L VCI Capital, Inc., f/k/a Van Dale Cnmpwiies, Inc., flk/a YEDA, Inc. 2, J. Star ln11uSO(cs, Ino. 3, WEST TECH, INC„ TA/a Van hale, Inc- 4, ns - 4, The Capital Life insurance Company 5. Mellon Bank, N, A„ as trustee undor that certain Pooling, Servicing and Pass- Mough Agreement, Series 1987-2 dated as of May 1, 1987 6. First Bank, N.A. 7, David S. Gronik & Company 61022122384 9/16196 Interest fGC owner debtor per financing statement tenant (Lot 2 only) secured palsy (T-ot 2 Qnly) mortgagee (Lot 2 only) secured party (Lot 2 only) secured party (Lot 2 only)