CONDEMNATION
STATE OF MINNESOTA
IN DISTRICT COURT
COUNTY OF STEARNS
SEVENTH JUDICIAL DISTRICT
Court File No. 73-CV-11-10861
State of Minnesota, by its
Commissioner of Transportation, Petitioner,
vs.
John P. Weitzel, 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 March 5, 2012, at 1:30 o’clock PM., or as soon thereafter as counsel can be heard, before Judge Kris Davick-Halfen, in the Courthouse at St. Cloud, Stearns 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. 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 April 9, 2012.
YOU, AND EACH OF YOU, ARE FURTHER NOTIFIED, that all persons occupying the property described in the petition must VACATE THE PREMISES AND MOVE ALL OF YOUR PERSONAL PROPERTY FROM SAID PREMISES ON OR BEFORE APRIL 9, 2012. All advertising signs or devices located on the property being acquired must be removed by April 9, 2012.
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: Dec. 12, 2011
OFFICE OF THE ATTORNEY GENERAL
State of Minnesota
ERIK JOHNSON
Assistant Attorney General
Atty. Reg. No. 247522
445 Minnesota Street, Suite 1800
St. Paul, MN 55101-2134
(651) 757-1476 (Voice)
(651) 282-2525(TTY)
ATTORNEY FOR
PETITIONER
CONDEMNATION
STATE OF MINNESOTA
IN DISTRICT COURT
COUNTY OF STEARNS
SEVENTH JUDICIAL DISTRICT
State of Minnesota, by its Commissioner of Transportation,
Petitioner,
vs.
John P. Weitzel, Mary M. Weitzel, City of St. Cloud, City of Sartell, Allina Health System, American General Life Insurance Company, a member company of American International Group, Inc., Franklin Outdoor Advertising Company, Inc., IRET Properties, County of Stearns, Sartell Partners, LLC, Stearns Bank National Association, Sam’s Real Estate Business Trust, Steve Feneis Investment Realty, Inc., 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 239, which has been renumbered 15, and which has been located according to law, passes over the lands herein described.
That it is duly covered by Right of Way Plat Order numbered 92272, Definite Location Orders numbered 47987 and 48176, Amended Width Order numbered 92058 and
Temporary Easement Order numbered 92060.
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, together with the following rights: 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 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 Stearns 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 203 C.S. 7321 (15=239) 903
S.P. 7321-47
All of Tracts A and B described below:
Tract A.
That part of the East Half of the Northeast Quarter of Section 4, Township 124 North, Range 28 West, Stearns County, Minnesota, lying easterly of the right of way of Trunk Highway No. 15 as now located and established, north of the middle of the main channel of Sauk River (it being intended that the term “main channel of Sauk River” as used herein refers to the most southerly and easterly channel of the Sauk River passing through the described section, as historically shown on plats and surveys of this area) and south of the following described line: Beginning 57.40 feet south of the northwest corner of the Southeast Quarter of the Northeast Quarter of said Section 4; thence southeasterly along a fence for 525.00 feet to a point 114.80 feet south of the north line of said Southeast Quarter of the Northeast Quarter; thence northeasterly along a fence to a point on the north line of said Southeast Quarter of the Northeast Quarter which is 596.00 feet west of the northeast corner thereof; thence northeasterly along a fence to a point on the east line of the Northeast Quarter of the Northeast Quarter of said Section 4, which is 245.50 feet north of the southeast corner thereof, and there terminating;
Tract B.
That part of the East Half of the Northeast Quarter of Section 4, Township 124 North, Range 28 West, Stearns County, Minnesota, described as follows: Beginning at a point on the north line of said Section 4, distant 200.13 feet westerly of the northeast corner thereof, said point being on a straight line drawn between the southwest corner and the south quarter corner of Section 34, Township 125 North, Range 28 West; thence North 89 degrees 51 minutes 56 seconds East along said section line for 200.13 feet to the northeast corner of said Section 4; thence South 01 degree 44 minutes 47 seconds East along the east line thereof for 533.12 feet; thence South 68 degrees 06 minutes 28 seconds West for 242.31 feet; thence South 64 degrees 14 minutes 08 seconds West for 271.35 feet; thence South 57 degrees 09 minutes 45 seconds West for 52.25 feet; thence northeasterly along a curve for 826 feet to the point of beginning, said curve being concave to the southeast and having a radius of 3719.72 feet, a central angle of 12 degrees 43 minutes 23 seconds, a chord of 824.30 feet and a chord bearing of North 21 degrees 05 minutes 59 seconds East;
containing 15.00 acres, more or less, of which 0.15 acre is encumbered by an existing road easement.
Names of parties interested in the above described land and nature of interest:
City of St. Cloud, Fee
John P. Weitzel and Mary M. Weitzel, Claimant of an Interest
City of Sartell, Possible Claimant of an Interest
FEE ACQUISITION
Parcel 206 C.S. 7321 (15=239) 903
S.P. 7321-47
All of the following:
That part of Lot 1, Block 1, and vacated frontage road, DRF SARTELL, shown as Parcel 206 on Minnesota Department of Transportation Right of Way Plat Numbered 73-117 as the same is on file and of record in the office of the County Recorder in and for Stearns County, Minnesota;
together with other rights as set forth below, forming and being part of said Parcel 206:
Access:
All right of access as shown on said plat by the access control symbol.
Names of parties interested in the above described land and nature of interest:
Allina Health System, Fee
American General Life Insurance Company, a member company of American International Group, Inc., Mortgage
Franklin Outdoor Advertising Company, Inc., Right of First Refusal
IRET Properties, Lessee
City of Sartell, Special Assessments and Easement
County of Stearns , Taxes and Easement
FEE ACQUISITION
Parcel 206A C.S. 7321 (15=239) 903
S.P. 7321-47
That part of Tract A described below:
Tract A. Outlot A, EPIC CENTER, according to the plat thereof on file and of record in the office of the County Recorder in and for Stearns County, Minnesota;
which lies westerly of the easterly 20 feet thereof;
together with all right of access, being the right of ingress to and egress from that part of Tract A hereinbefore described, not acquired herein, to the above described strip;
also a right to use the easterly 20 feet of Tract A hereinbefore described for highway purposes, which right shall cease on December 1, 2018, 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:
Sartell Partners, LLC, Fee
Stearns Bank National Association, Mortgage
Sam’s Real Estate Business Trust, Claimant of an Interest
Steve Feneis Investment Realty, Inc., Possible Claimant of an Interest
City of Sartell, Easement
County of Stearns , Taxes
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: Nov. 29, 2011
Respectfully submitted,
OFFICE OF THE ATTORNEY GENERAL
State of Minnesota
ERIK JOHNSON
Assistant Attorney General
Atty. Reg. No. 247522
445 Minnesota Street, Suite 1800
St. Paul, MN 55101-2134
(651) 757-1476 (Voice)
(651) 282-2525 (TTY)
ATTORNEY FOR PETITIONER
This instrument was drafted by the
State of Minnesota, Department of
Transportation, Legal and Property Management Unit, M.S. 632
St. Paul, Minnesota 55155
100421
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: Nov. 29, 2011
OFFICE OF THE ATTORNEY GENERAL
State of Minnesota
ERIK JOHNSON
Assistant Attorney General
Atty. Reg. No. 247522
445 Minnesota Street, Suite 1800
St. Paul, MN 55101-2134
(651) 757-1476 (Voice)
(651) 282-2525 (TTY)
ATTORNEY FOR PETITIONER


Publish: Jan. 20, 27 and Feb. 3