IN THE MATTER OF THE CONDEMNATION OF CERTAIN LANDS FOR TRUNK HIGHWAY PURPOSES NOTICE

August 23, 2022

CONDEMNATION

STATE OF MINNESOTA IN DISTRICT COURT

COUNTY OF LAKE OF THE WOODS NINTH JUDICIAL DISTRICT
COURT FILE NO. 39-CV-22-93

State of Minnesota, by its Commissioner of Transportation,
Petitioner,

vs.
Patrick Daniel Kelly

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 November 9, 2022, at 1:00 pm., or as soon thereafter as counsel can be heard, via remote hearing, from the Courthouse at Baudette, Lake of the Woods 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 161 156 9846 and the Meeting Password is 068193. 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 December 14, 2022.
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 DECEMBER 14, 2022. All advertising signs or devices located on the property being acquired must be removed by December 14, 2022.

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 22, 2022 KEITH ELLISON
Attorney General
State of Minnesota
s/William Young
WILLIAM YOUNG
Assistant Attorney General
Atty. Reg. No. 0393502
445 Minnesota Street, Suite 1800
St. Paul, Minnesota 55101-2128
(651) 757-1386 (Voice)
(651) 297-1235 (Fax)
william.young@ag.state.mn.us
ATTORNEY FOR PETITIONER

CONDEMNATION

STATE OF MINNESOTA IN DISTRICT COURT

COUNTY OF LAKE OF THE WOODS NINTH JUDICIAL DISTRICT

State of Minnesota, by its Commissioner of Transportation,

Petitioner,

vs.

Patrick Daniel Kelly, City of Baudette, County of Lake of the Woods, Devlin M. Reasy, Independent School District No. 390, formerly known as Independent School District No. 111, Steven C. Abbey, also known as Steven Charles Abbey, Cherie M. Abbey, also known as Cherie Mae Abbey, Unknown successors in interest to Osiris Lodge No. 272, A.F.& M. Spooner, Minn., the true and correct name for Osiris Lodge No. 272, A.F. and A.M., an inactive Minnesota nonprofit corporation, Border Bank, successor in interest to Border State Bank, Furniture Gallery, Michael S. Reed Holdings, LLC, Riverwood Bank, Veterans of Foreign Wars, Post #723, an unincorporated association, Earl W. Anderson, Lois Anderson, Stanley Cornelius, also known as Stanley Cornelius, Edith Cornelius, Unknown successors in interest to Emmy Lou Tangreen, deceased, Unknown heirs of Myrtle A. Palmquist, deceased, Unknown heirs of Maynard Palmquist, deceased, Canadian National Railway Company, Duty Free Americas, Inc., Co-op Service, Inc. of Baudette, also known as Co-op Services, Inc. of Baudette, 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:

That Trunk Highway numbered 11, being Route numbered 11, and Trunk Highway Legislative Route numbered 325, which has been renumbered 72, which have been located according to law and pass over the lands herein described.

That it is duly covered by Right of Way Plat Orders numbered 99585 and 99586.

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, and an easement as to Parcel 400, 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; and 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 Lake of the Woods 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 499 C.S. 3901 (11=11-142)

S.P. 3905-10RW

All of the following:

That part of Lots 1 through 6, inclusive, Block 7, BAUDETTE, shown as Parcel 499 on Minnesota Department of Transportation Right of Way Plat Numbered 39-24 as the same is on file and of record in the office of the County Recorder in and for Lake of the Woods County, Minnesota;

together with other rights as set forth below, forming and being part of said Parcel 499:

Temporary Easement:

A temporary easement for highway purposes as shown on said plat as to said Parcel 499 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:

City of Baudette Fee

FEE ACQUISITION

Parcel 14 C.S. 3905 (72=325) 901

S.P. 3905-10RW

All of the following:

That part of the Southeast Quarter of the Southwest Quarter and Government Lot 4, all in Section 35, Township 161 North, Range 31 West, shown as Parcel 14 on Minnesota Department of Transportation Right of Way Plat Numbered 39-23 as the same is on file and of record in the office of the County Recorder in and for Lake of the Woods County, Minnesota;

containing 8155 square feet, more or less;

together with other rights as set forth below, forming and being part of said Parcel 14:

Access:

All right of access as shown on said plat by the access control symbol (s).

Temporary Easement:

A temporary easement for highway purposes as shown on said plat as to said Parcel 14 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;

excepting therefrom the existing building situate thereon.

Names of parties interested in the above described land and nature of interest:

Patrick Daniel Kelly Fee

City of Baudette Easement

County of Lake of the Woods Taxes

Devlin M. Reasy Occupant

FEE ACQUISITION

Parcel 15 C.S. 3905 (72=325) 901

S.P. 3905-10RW

All of the following:

That part of the Southeast Quarter of the Southwest Quarter and Goverment Lot 4, all in Section 35, Township 161 North, Range 31 West, shown as Parcel 15 on Minnesota Department of Transportation Right of Way Plat Numbered 39-23 as the same is on file and of record in the office of the County Recorder in and for Lake of the Woods County, Minnesota;

Containing 54342 square feet, more or less, of which 26255 square feet is encumbered by an existing city easement;

together with other rights as set forth below, forming and being part of said Parcel 15:

Access:
All right of access as shown on said plat by the access control symbol (s).

Names of parties interested in the above described land and nature of interest:

Independent School District No. 390,

formerly known as Independent

School District No. 111 Fee

County of Lake of the Woods Taxes

FEE ACQUISITION

Parcel 16 C.S. 3905 (72=325) 901

S.P. 3905-10RW

All of the following:

That part of the Southeast Quarter of the Southwest Quarter of Section 35, Township 161 North, Range 31 West, and Lot 2, Block 3, Cathcart’s Addition to Baudette, shown as Parcel 16 on Minnesota Department of Transportation Right of Way Plat Numbered 39-23 as the same is on file and of record in the office of the County Recorder in and for Lake of the Woods County, Minnesota;

containing 1317 square feet, more or less;

together with other rights as set forth below, forming and being part of said Parcel 16:

Access:
All right of access as shown on said plat by the access control symbol (s).

Temporary Easement:

A temporary easement for highway purposes as shown on said plat as to said Parcel 16 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;

excepting therefrom the existing building situate thereon.

Names of parties interested in the above described land and nature of interest:

Steven C. Abbey, also known as

Steven Charles Abbey

Cherie M. Abbey, also known as

Cherie Mae Abbey Fee

Unknown successors in interest to Claimant of Fee

Osiris Lodge No. 272, A.F.& M.

Spooner, Minn., the true and correct

name for Osiris Lodge No. 272, A.F.

and A.M., an inactive Minnesota

nonprofit corporation

Border Bank, successor in interest to Mortgage

Border State Bank

City of Baudette Easement

County of Lake of the Woods Taxes

Furniture Gallery Occupant

FEE ACQUISITION

Parcel 201 C.S. 3905 (72=325) 901

S.P. 3905-10RW

All of the following:

That part of Lots 5 through 12, inclusive, Block 2, BAUDETTE, shown as Parcel 201 on Minnesota Department of Transportation Right of Way Plat Numbered 39-24 as the same is on file and of record in the office of the County Recorder in and for Lake of the Woods County, Minnesota;

together with other rights as set forth below, forming and being part of said Parcel 201:

Access:
All right of access as shown on said plat by the access control symbol (s).

Temporary Easement:

A temporary easement for highway purposes as shown on said plat as to said Parcel 201 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:

Michael S. Reed Holdings, LLC Fee

Riverwood Bank Mortgage

County of Lake of the Woods Taxes, Special Assessment
and Easement

Parcel 204 C.S. 3905 (72=325) 901

S.P. 3905-10RW

All of the following:

A temporary easement for highway purposes in that part of Lots 4 and 5, Block 1, BAUDETTE, and vacated River Avenue accruing thereto by reason of vacation thereof, shown as Parcel 204 on Minnesota Department of Transportation Right of Way Plat Numbered 39-24 as the same is on file and of record in the office of the County Recorder in and for Lake of the Woods County, Minnesota, 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;

excepting therefrom the existing building situate thereon.

Names of parties interested in the above described land and nature of interest:

Veterans of Foreign Wars, Post #723,

an unincorporated association Fee

Border Bank, successor in interest

to Border State Bank Mortgage

Earl W. Anderson Easement

Lois Anderson
Stanley Cornelius, also known as Easement

Stanley Cornelius

Edith Cornelius

Unknown successors in interest to Easement

Emmy Lou Tangreen, deceased

County of Lake of the Woods Taxes and Special
Assessments

FEE ACQUISITION

Parcel 205 C.S. 3905 (72=325) 901

S.P. 3905-10RW

All of the following:

That part of Lot 6, Block 1 BAUDETTE shown as Parcel 205 on Minnesota Department of Transportation Right of Way Plat Numbered 39-24 as the same is on file and of record in the office of the County Recorder in and for Lake of the Woods County, Minnesota;

together with other rights as set forth below, forming and being part of said Parcel 205:

Access:
All right of access as shown on said plat by the access control symbol(s).

Names of parties interested in the above described land and nature of interest:

Unknown heirs of Myrtle A.

Palmquist, deceased Fee

Unknown heirs of Maynard

Palmquist, deceased Spouse

County of Lake of the Woods Taxes

EASEMENT ACQUISITION

Parcel 400 C.S. 3905 (72=325) 901

S.P. 3905-10RW

All of the following:

That part of The Southeast Quarter of the Southwest Quarter and Government Lots 3 and 4 in Section 35, Township 161 North, Range 31 West, shown as Parcel 400 on Minnesota Department of Transportation Right of Way Plat Numbered 39-23 as the same is on file and of record in the office of the County Recorder in and for Lake of the Woods County, Minnesota;

containing 6213 square feet, more or less;

together with other rights as set forth below, forming and being part of said Parcel 400:

Access:
All right of access as shown on said plat by the access control symbol (s).

Temporary Easement:

A temporary easement for highway purposes as shown on said plat as to said Parcel 400 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;

excepting therefrom the existing building, sign and flagpoles situate thereon.

Names of parties interested in the above described land and nature of interest:

Canadian National Railway Company Fee

Duty Free Americas, Inc. Lessee

Co-op Service, Inc. of Baudette,

also known as

Co-op Services, Inc. of Baudette Lessee

County of Lake of the Woods Taxes

FEE ACQUISITION

Parcel 508 C.S. 3905 (72=325) 901

S.P. 3905-10RW

All of the following:

That part of Government Lot 4 in Section 35, Township 161 North, Range 31 West, shown as Parcel 508 on Minnesota Department of Transportation Right of Way Plat Numbered 39-23 as the same is on file and of record in the office of the County Recorder in and for Lake of the Woods County, Minnesota;

containing 5935 square feet, more or less;

together with other rights as set forth below, forming and being part of said Parcel 508:

Access:
All right of access as shown on said plat by the access control symbol (s).

Temporary Easement:

A temporary easement for highway purposes as shown on said plat as to said Parcel 508 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;
excepting therefrom the existing sign situate thereon.

Names of parties interested in the above described land and nature of interest:

City of Baudette Fee

County of Lake of the Woods Taxes and Special Assessments

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: July 27, 2022 KEITH ELLISON
Attorney General
State of Minnesota
s/William Young
WILLIAM YOUNG
Assistant Attorney General
Atty. Reg. No. 0393502
445 Minnesota Street, Suite 1800
St. Paul, Minnesota 55101-2128
(651) 757-1386 (Voice)
(651) 297-1235 (Fax)
william.young@ag.state.mn.us
ATTORNEY FOR PETITIONER

100883

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.

Publish August 24, August 31, September 7, 2022

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