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Public Notices, Oct. 22, 2021

PUBLISH

(October 8, 15, 22, 2021)

STATE OF MINNESOTA

COUNTY OF BROWN

CONDEMNATION IN DISTRICT COURT FIFTH JUDICIAL DISTRICT COURT FILE NO. 08-CV-21-800 State of Minnesota, by its Commissioner of Transportation,

Petitioner, vs.

Juan R. Lozoya, 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 December 20, 2021, at 10:30 am., or as soon thereafter as counsel can be heard, before Judge Robert A. Docherty, via remote hearing, from the at New Ulm, Brown 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. Instructions for attending the remote hearing may be obtained from Brown County Court Administration. 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 January 24, 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 JANUARY 24, 2021. All advertising signs or devices located on the property being acquired must be removed by January 24, 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: 9/30/21

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

STATE OF MINNESOTA COUNTY OF BROWN

CONDEMNATION IN DISTRICT COURT FIFTH JUDICIAL DISTRICT

State of Minnesota, by its Commissioner of Transportation,

Petitioner, vs. Juan R. Lozoya, Oralia Lozoya, County of Brown, Mathew A. Tauer, also known as Mathew Albert Tauer, Elizabeth Renee Tauer, MAT Industries LLC, Salonek Concrete & Construction, Inc., Alfred Page Wood Jr., also known as Alfred P. Wood, Jr., Mortgage Electronic Registration Systems, Inc., John Sagan, as trustee of Monica R. Platz Revocable Trust U/A dated 4/16/99 as restated 1/30/04, County of Brown, John Sagan, as trustee of Monica R. Platz Revocable Trust U/A dated 4/16/99 as restated 1/30/04, John Sagan, Unknown heirs of Shirley M. Bloemke, deceased, Kevin Bloemke, Staples & Staples, LLC, Bank Midwest, successor in interest by corporate merger, consolidation, amendment, or conversion to Bank Midwest, Minnesota Iowa, National Association, Staples Enterprises, Inc, doing business as Cenex Gas, Robert T. Ferdinandt, Sharon K. Ferdinandt, Cynthia Hillesheim, Daniel F. Hillesheim, Unknown heirs of Mary Jane Dooner, deceased, City of Springfield, Daniel K. Renner, Martha M. Renner, SouthPoint Financial Credit Union, Landkammer Family Partnership, Leo A. Schmitz, Mary E. Schmitz, Runck Family Farms, Inc., Gilbert L. Schmitz, also known as Gilbert Schmitz, Russell Voge, deceased and Bettijean DeLeo, as trustees of Tina M. Voge Trust under Agreement dated April 1, 1996, 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 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 numbered 14, being Route numbered 007, has been located according to law and passes over the lands herein described.it is duly covered by Right of Way Plat Orders numbered 99016, 99017, and 99018.it is duly covered by Center Line Order numbered 6867, and Temporary Easement Order numbered 99066. 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 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 Brown 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:

Parcel 50 C.S. 0803 (14=7-39-3)

S.P. 0803-44RW

All of the following:

A temporary easement for highway purposes in that part of Lot 3, Block 6, Bagens Fourth Addition, shown as Parcel 50 on Minnesota Department of Transportation Right of Way Numbered 08-22 as the same on file and of record in the office of the County Recorder in and for Brown County, Minnesota, by the temporary easement symbol, said easement shall cease on December 1, 2026, 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

Juan R. Lozoya

Oralia Lozoya

Fee

County of Brown

Taxes and Special Assessments

Parcel 52 C.S. 0803 (14=7-39-3)

S.P. 0803-44RW

All of the following:

A temporary easement for highway purposes in that part of Lot 6, Block 6, Bagens Fourth Addition, shown as Parcel 52 on Minnesota Department of Transportation Right of Way Numbered 08-22 as the same on file and of record in the office of the County Recorder in and for Brown County, Minnesota, by the temporary easement symbol, said easement shall cease on December 1, 2026, 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:

Mathew A. Tauer, also known as Mathew Albert Tauer

Fee

Elizabeth Renee Tauer

Spouse

County of Brown

Taxes and Special Assessments

Parcel 54 C.S. 0803 (14=7-39-3)

S.P. 0803-44RW

All of the following:

A temporary easement for highway purposes in that part of Lots 1 through 6, inclusive, Block 7, and Lots 1 and 2, Block 4, and the vacated North O’Connell Avenue accruing thereto by the reason of vacation thereof, all in Bagens Fourth Addition, shown as Parcel 54 on Minnesota Department of Transportation Right of Way Numbered 08-22 as the same on file and of record in the office of the County Recorder in and for Brown County, Minnesota, by the temporary easement symbol, said easement shall cease on December 1, 2026, 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:

MAT Industries LLC

Fee

Salonek Concrete & Construction, Inc.

Mechanics Lien

County of Brown

Taxes and Special Assessments

Parcel 55 C.S. 0803 (14=7-39-3)

S.P. 0803-44RW

All of the following:

A temporary easement for highway purposes in that part of Lot 1, Block 2, Bagens Fourth Addition, shown as Parcel 55 on Minnesota Department of Transportation Right of Way Numbered 08-22 as the same on file and of record in the office of the County Recorder in and for Brown County, Minnesota, by the temporary easement symbol, said easement shall cease on December 1, 2026, 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:

Alfred Page Wood Jr., also known as Alfred P. Wood, Jr.

Fee

Mortgage Electronic Registration Systems, Inc. Mortgage

County of Brown

Taxes and Special Assessments

Parcel 59 C.S. 0803 (14=7-39-3)

S.P. 0803-44RW

All of the following:

A temporary easement for highway purposes in that part of Lot 7, and the West Half of the adjoining alley, Block 5, Schwartzrock’s Second Addition, shown as Parcel 59 on Minnesota Department of Transportation Right of Way Numbered 08-23 as the same is on file and of record in the office of the County Recorder in and for Brown County, Minnesota, by the temporary easement symbol, said easement shall cease on December 1, 2026, 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 hedge situate thereon.

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

John Sagan, as trustee of Monica R. Platz Revocable Trust U/A

dated 4/16/99 as restated 1/30/04

Fee

County of Brown

Taxes and Special Assessments

John Sagan

Occupant

Parcel 60 C.S. 0803 (14=7-39-3)

S.P. 0803-44RW

All of the following:

A temporary easement for highway purposes in that part of Lot 6, and the East Half of the adjoining alley, Block 5, Schwartzrock’s Second Addition, shown as Parcel 60 on Minnesota Department of Transportation Right of Way Numbered 08-23 as the same is on file and of record in the office of the County Recorder in and for Brown County, Minnesota, by the temporary easement symbol, said easement shall cease on December 1, 2026, 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:

Unknown heirs of Shirley M. Bloemke, deceased

Fee

County of Brown

Taxes and Special Assessment

Kevin Bloemke

Occupant

Parcel 61 C.S. 0803 (14=7-39-3)

S.P. 0803-44RW

All of the following:

A temporary easement for highway purposes in that part of Lot 1, Block 2, Schwarzrocks Addition, shown as Parcel 61 on Minnesota Department of Transportation Right of Way Numbered 08-23 as the same is on file and of record in the office of the County Recorder in and for Brown County, Minnesota, by the temporary easement symbol, said easement shall cease on December 1, 2026, 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 signs situate thereon.

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

Staples & Staples, LLC

Fee

Bank Midwest, successor in interest by corporate merger, consolidation, amendment, or conversion to Bank Midwest, Minnesota Iowa, National Association

Mortgage

Staples Enterprises, Inc, doing business as Cenex Gas

Lessee

County of Brown

Taxes and Special Assessments

Parcel 66 C.S. 0803 (14=7-39-3)

S.P. 0803-44RW

All of the following:

A temporary easement for highway purposes in that part of Lot 7, Kamolz Subdivision of Lot C, shown as Parcel 66 on Minnesota Department of Transportation Right of Way Numbered 08-23 as the same is on file and of record in the office of the County Recorder in and for Brown County, Minnesota, by the temporary easement symbol, said easement shall cease on December 1, 2026, 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:

Robert T. Ferdinandt

Sharon K. Ferdinandt

Life Estate

Cynthia Hillesheim

Fee

Daniel F. Hillesheim

Spouse

County of Brown Taxes and Special Assessments

FEE ACQUISITION

Parcel 77 C.S. 0803 (14=7-39-3)

S.P. 0803-44RW

All of the following:

That part of Northwest Quarter of the Southwest Quarter of Section 18, Township 109 North, Range 34 West, shown as Parcel 77 on Minnesota Department of Transportation Right of Way Numbered 08-21 as the same on file and of record in the office of the County Recorder in and for Brown County, Minnesota; containing 0.07 acre, more or less, encumbered in its entirety by an existing highway easement.

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

Unknown heirs of Mary Jane Dooner, deceased

Record Fee

City of Springfield

Claimant of Fee

Parcel 203 C.S. 0803 (14=7-39-3)

S.P. 0803-44RW

The right to use the northerly 25 feet of the easterly 90 feet of Tract A described below highway purposes, which right shall cease on December 1, 2026, or on such earlier date upon which the Commissioner of Transportation determines by formal order that it is no longer needed for highway purposes:

Tract A. Lot 1, Block 1, Schmitz Second Subdivision in the Northeast Quarter of the Northwest Quarter of Section 19, Township 109 North, Range 35 West, according to the plat thereof on file and of record in the office of the Recorder in and for Brown County, Minnesota; excepting therefrom Trunk Highway No. 14 as now located and established.

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

Daniel K. Renner

Martha M. Renner

Fee

County of Brown

Taxes

Parcel 204A C.S. 0803 (14=7-39-3)

S.P. 0803-44RW

The right to use that part of Tract A described below for highway purposes, which right shall cease on December 1, 2026, or on such earlier date upon which the Commissioner of Transportation determines by formal order that it is no longer needed for highway purposes:

Tract A. That part of the Northwest Quarter of the Northeast Quarter of Section 19, Township 109 North, Range 35 West, Brown County, Minnesota, described as follows: Beginning at the north quarter corner of said Section 19; thence North 89 degrees 39 minutes 42 seconds East, an assumed bearing, along the north line of said Northeast Quarter of Section 19 a distance of 260.20 feet; thence South 00 degrees 20 minutes 18 seconds East, 939.05 feet to a ¢ inch iron pipe monument; thence South 89 degrees 39 minutes 42 seconds West 582.79 feet to a 1/2 inch iron pipe monument; thence North 00 degrees 20 minutes 18 seconds West 705.17 feet to a 1/2 inch iron pipe monument being on the south line of Schmitz Second Subdivision; thence North 89 degrees 39 minutes 42 seconds East, along the south line of said Schmitz Second Subdivision, a distance of 315.07 feet e to a ¢ inch iron pipe monument; thence North 01 degree 30 minutes 12 seconds East, along the east line of said Schmitz Second Subdivision, also being the east line of the Northwest Quarter of said Section 19, a distance of 234.00 feet to the point of beginning; excepting therefrom Trunk Highway No. 14 as now located and established; Which lies northerly of a line run parallel with and distant 25 feet southerly of the described line: Beginning at the point of beginning of Line 1 described below; thence easterly along said Line 1 for 37.6 feet and there terminating;

Line 1. Beginning at a point on the westerly line of said Northeast Quarter of said Section 19, distant 51 feet southerly of the northwest corner thereof; thence easterly to a point on the easterly line of said Section 19, distant 81.8 feet southerly of the northeast corner thereof, and there terminating; containing 0.02 acre, more or less.

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

Daniel K. Renner

Martha M. Renner

Fee

SouthPoint Financial Credit Union

Mortgage

LandKammer Family Partnership

Drainage Easement

Leo A. Schmitz

Mary E. Schmitz

Drainage Easement

Runck Family farms, Inc. Drainage Easement

Gilbert L. Schmitz, also known as Gilbert Schmitz

Drainage Easement

Russell Voge, deceased and Bettijean DeLeo, as trustees of Tina M. Voge Trust under Agreement dated April 1, 1996

Drainage Easement

County of Brown

Taxes and Special Assessments

WHEREFORE, Your petitioner prays that commissioners be appointed to the damages which may be occasioned by such taking, and that such may be had herein as are provided by law. September 9, 2021

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

100797

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: September 9, 2021

KEITH ELLISON

Attorney General

State of Minnesota

s/William Young

WILLIAM YOUNG

Assistant Attorney General

Atty. Reg. No. 0393502

PUBLISH

(October 8, 15, 22, 2021)

STATE OF MINNESOTA

COUNTY OF BROWN

CONDEMNATION IN DISTRICT COURT FIFTH JUDICIAL DISTRICT

COURT FILE NO. 08-CT-21-792

State of Minnesota, by its Commissioner of Transportation,

Petitioner, vs. Gregg Mathiowetz, et al.

Respondents.

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

To the Respondents hereinabove named: You, and each of you, are hereby notified that on December 20, 2021, at 11:00 am., or as soon thereafter as counsel can be heard, before Judge Robert A. Docherty, via remote hearing, from the courthouse at New Ulm, Brown 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. Instructions for attending the remote hearing may be obtained from Brown County Court Administration. 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 January 24, 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 JANUARY 24, 2021. All advertising signs or devices located on the property being acquired must be removed by January 24, 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: 9/30/21

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 COUNTY OF BROWN

IN DISTRICT COURT

FIFTHJUDICIAL DISTRICT

State of Minnesota, by its Commissioner of Transportation,

Petitioner, vs. Gregg Mathiowetz, Michelle A. Schaeffer, formerly known as Michelle Mathiowetz, Scott Mathiowetz, Gina Mathiowetz, Rick Schaeffer, Cheri Mathiowetz, Gary Jensen, County of Brown, Wells Fargo Bank N.A., as trustee of Testamentary Trust of James B. Ladd, a/k/a J. B. Ladd, Potter Enterprises, Inc, Compeer Financial, FLCA, successor in interest by corporate merger, consolidation, amendment, or conversion to AgStar Financial Services, FLCA, Erin Lafferty, John Lafferty, Mike Vanderwerf, also known as Mike Vanderworth, Dennis Lee Potter, also known as Dennis L. Potter, Lucille B. Potter, Springfield Industries, Inc., an inactive Minnesota nonprofit corporation., David M. Holles and Nancy K. Holles, as trustees of David M. Holles Living Trust dated November 19, 2013, David M. Holles and Nancy K. Holles, as trustees of Nancy K. Holles Living Trust dated November 19, 2013, St. Raphael’s Church of Springfield, Minnesota, John Holles, Heather S. Holles, 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 numbered 14, being Route numbered 007, has been located according to law and passes over the lands herein described. That it is duly covered by Right of Way Plat Orders numbered 99014 and 99015.

That it is duly covered by Center Line Order numbered 6867 and Temporary Easement Order numbered 99066.

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 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, and further as to Parcel 225A, to erect a snow fences upon the easement in perpetuity as shown on said Plat, 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 Brown 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:

Parcel 202 C.S. 0803 (14=7-39-3)

S.P. 0803-44RW

The right to use the following described strips for highway purposes, which right shall cease on December 1, 2026, or on such earlier date upon which the Commissioner of Transportation determines by formal order that it is no longer needed for highway purposes:

Tract A. The Southwest Quarter of Section 18, Township 109 North, Range 35 West, Brown County, Minnesota; excepting therefrom

Trunk Highway No. 14 as now located and established; which lies southerly of a line run parallel with and distant 30 feet northerly the following line: Beginning at the point of beginning of Line 1 described below; thence along said Line 1 for 79 feet and there terminating;

Line 1. Beginning at a point on the westerly line of said Section 18, distant 82.5 northerly of the southwest corner thereof; thence easterly to a point on the easterly line of the Southwest Quarter of said Section 18, distant 49 feet northerly of the southeast corner thereof and there terminating;

A strip being that part of Tract A hereinbefore described, which lies southerly of a line run parallel with and distant 35 feet northerly of the following described line: Beginning at a point on Line 1 described below, distant 879 feet easterly of its point of beginning (measured along said Line 1); thence easterly along said Line 1 for 420 feet and there terminating;strip being that part of Tract A hereinbefore described, which lies southerly of a line run parallel with and distant 35 feet northerly of the following described line: Beginning at a point on Line 1 described below, distant 2499 feet easterly of its point of beginning (measured along said Line 1); thence easterly along said Line 1 for 200 feet and there terminating;

containing 0.43 acre, more or less.

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

Wells Fargo Bank N.A., as trustee of Testamentary Trust of James B. Ladd, a/k/a J.B. Ladd

Fee

County of Brown Taxes

Parcel 215A C.S. 0803 (14=7-39-3)

S.P. 0803-44RW

The right to use the following described strips for highway purposes, which right shall cease on December 1, 2026, or on such earlier date upon which the Commissioner of Transportation determines by formal order that it is no longer needed for highway purposes:

Tract A. The Southwest Quarter of Section 15, Township 109 North, Range 35 West, Brown County, Minnesota, excepting therefrom the following tractas follows: Commencing at the southeast corner of said Southwest Quarter; thence West along the section line a distance of 950 feet; thence North 680 feet; thence East 700 feet; thence South 480 feet; thence East 250 feet to the quarter section line; thence South along said line a distance of 200 feet to the point of beginning; also excepting therefrom Trunk Highway No. 14 and County State Aid Highway No. 2 (both as now located and established);

A strip being that part of Tract A hereinbefore described, which lies between two lines parallel with and distant 50 feet and 85 feet northerly of the following described line: at a point on Line 1 described below, distant 1107.4 feet easterly of its point beginning (measured along said Line 1); thence easterly along said Line 1 for 600 and there terminating; Line 1. Beginning at a point on the west line of Section 22, Township 109 North, Range 35 West, distant 10.7 feet southerly of the northwest corner thereof; thence northeasterly at an angle of 90 degrees 47 minutes from said west line (measured from north to east) for 2016.0 feet and there terminating;

A strip being that part of Tract A hereinbefore described, which lies between two lines parallel with and distant 50 feet and 65 feet northerly of the following described line: at a point on Line 1 described above, distant 217.4 feet easterly of its point of (measured along said Line 1) thence easterly along said Line 1 for 70 feet there terminating;

containing 0.46 acre, more or less.

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

Gregg Mathiowetz Fee

Michelle A. Schaeffer, formerly known as Michelle Mathiowetz

Scott Mathiowetz

Gina Mathiowetz

Spouse

Rick Schaeffer

Cheri Mathiowetz

Gary Jensen

Lessee

County of Brown Taxes and Easement

Parcel 221 C.S. 0803 (14=7-39-3)

S.P. 0803-44RW

The right to use the following described strips for highway purposes, which right shall cease on December 1, 2026, or on such earlier date upon which the Commissioner of Transportation determines by formal order that it is no longer needed for highway purposes:

Tract A. The Southeast Quarter of Section 14, Township 109 North, Range 35 West, Brown County, Minnesota; excepting therefrom EXCEPTING

those lands platted as Potters Second Subdivision dated May 9, 2019, recorded May 9, 2019 as Document No. 420126, as the same is on file and of record in the office of the County Recorder in and for said Brown County; also excepting therefrom Trunk Highway No. 14 and 410th

Avenue (both as now located and established);

A strip being that part of Tract A hereinbefore described, which lies southerly of a line parallel with and distant 30 feet northerly of the following described line: at a point on Line 1 described below, distant 1487.5 feet easterly of its point beginning (measured along said Line 1); thence westerly along said Line 1 for 115 and there terminating; Line 1. Beginning at a point on the westerly line of said Southeast Quarter of said Section 14, distant 54.6 feet northerly of the southwest corner thereof; thence easterly to a point on the easterly line of said Southeast Quarter,

Section 14, distant 35.5 feet northerly of the southeast corner thereof and there terminating;

A strip being that part of Tract A hereinbefore described, which lies southerly of a line parallel with and distant 30 feet northerly of the following described line: at a point on Line 1 described above, distant 712.5 feet easterly of its point of (measured along said Line 1); thence westerly along said Line 1 for 125 feet there terminating;

containing 0.17 acre, more or less.

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

Potter Enterprises, Inc.

Fee

Compeer Financial, FLCA, successor in interest by corporate merger, consolidation, amendment, or conversion to AgStar Financial Services, FLCA

Mortgage

Erin Lafferty

John Lafferty

Easement

Mike Vanderwerf, also known as Mike Vanderworth

Lessee

County of Brown

Taxes and Special Assessments

FEE ACQUISITION

Parcel 223A C.S. 0803 (14=7-39-3)

S.P. 0803-44RW

All of the following:

That part of Southwest Quarter of the Southwest Quarter of Section 13, Township 109 North, Range 35 West, shown as Parcel 223A on Minnesota Department of Transportation Right of Way Numbered 08-19 as the same on file and of record in the office of the County Recorder in and for Brown County, Minnesota;

containing 1.22 s, more or less, encumbered in its entirety by an existing highway easement;

together with other rights as set forth below, forming and being part of said Parcel 223A: Temporary Easement:

A temporary easement for highway purposes as shown on said as to said Parcel 223A by the temporary easement symbol, said easement shall cease on December 1, 2026, 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:

Potter Enterprises, Inc.

Fee

Compeer Financial, FLCA, successor in intereste by corporate mergere, consolidation, amendment, or conversion to AgStar Financail Services, FLCA

Mortgage

County of Brown

Taxes

FEE ACQUISITION

Parcel 223B C.S. 0803 (14=7-39-3) S.P. 0803-44RW

All of the following:

That part of South Half of the Southwest Quarter of Section 13, Township 109 North, Range 35 West, shown as Parcel 223B on Minnesota Department of Transportation Right of Way Numbered 08-19 as the same on file and of record in the office of the County Recorder in and for Brown County, Minnesota; containing 0.92, more or less, encumbered in its entirety by an existing highway easement.

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

Dennis Lee Potter, also known as Dennis L. Potter

Lucille B. Potter

Fee

Compeer Financial, FLCA, successor in intereste by corporate merger, consolidation, amendment, or conversion to AgStar Financial Services, FLCA

Mortgage

County of Brown

Taxes and Special Assessments

FEE ACQUISITION Parcel 224A C.S. 0803 (14=7-39-3)

S.P. 0803-44RW

All of the following:

That part of the right of way of Trunk Highway No. 14 in Springfield Industrial Park Addition, in the North Half of the Northeast Quarter of Section 24, Township 109 North, Range 35 West, shown as Parcel 224A on Minnesota Department of Transportation Right of Way Numbered 08-20 as the same on file and of record in the office of the County Recorder in and for Brown County, Minnesota;

containing 87,489 square feet, more or less, encumbered in its entirety by an existing highway easement.

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

Springfield Industries, Inc., an inactive Minnesota nonprofit corporation.

Fee

County of Brown

Taxes

FEE ACQUISITIONParcel 225A C.S. 0803 (14=7-39-3)

S.P. 0803-44RW

All of the following:

That part of the South Half of the Southeast Quarter, and Lot C in the subdivision of the Southwest Quarter of the Southeast Quarter, all in Section 13, Township 109 North, Range 35 West, shown as Parcel 225A on Minnesota Department of Transportation Right of Way Numbered 08-20 as the same on file and of record in the office of the County Recorder in and for Brown County, Minnesota;

containing 5.03 s, more or less, encumbered in its entirety by an existing highway easement;

together with other rights as set forth below, forming and being part of said Parcel 225A: Snow Fence Easement:

A snow fence easement in perpetuity as shown on said as to said Parcel 225A and designated as a snow fence easement;

containing 1.38 acres, more or less;

Temporary Easement:

A temporary easement for highway purposes as shown on said as to said Parcel 225A by the temporary easement symbol, said easement shall cease on December 1, 2026, 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:

David M. Holles and Nancy K. Holles, as trustees of David M. Holles Living Trust dated November 19, 2013

Fee

David M. Holles and Nancy K. Holles, as trustees of Nancy K. Holles Living Trust dated November 19, 2013

St. Raphael’s Church of Springfield, Minnesota

Easement

John Holles

Heather S. Holles

Lessee

County of Brown

Taxes

WHEREFORE, Your petitioner prays that commissioners be appointed to the damages which may be occasioned by such taking, and that such may be had herein as are provided by law. September 9, 2021

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 100798

MINN. STAT. 549.211

ACKNOWLEDGMENT\pardThe 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: September 9, 2021

KEITH ELLISON

Attorney General

State of Minnesota

s/William Young

WILLIAM YOUNG

Assistant Attorney General

Atty. Reg. No. 0393502

PUBLISH

(October 8, 15, 22, 2021)

STATE OF MINNESOTA COUNTY OF BROWN

CONDEMNATION IN DISTRICT COURT FIFTH JUDICIAL DISTRICT

COURT FILE NO. 08-CV-21-808

State of Minnesota, by its Commissioner of Transportation,

Petitioner, vs.

Bank Midwest, et al.

Respondents.

IN THE MATTER OF THE CONDEMNATION OFLANDS FOR TRUNK HIGHWAY PURPOSES NOTICE

To the Respondents herein above named:

You, and each of you, are hereby notified that on December 20, 2021, at 10:00 am., or as soon thereafter as counsel can be heard, before Judge Robert A. Docherty, via remote hearing, from the at New Ulm, Brown 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. Instructions for attending the remote hearing may be obtained from Brown County Court Administration. 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 January 24, 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 JANUARY 24, 2021. All advertising signs or devices located on the property being acquired must be removed by January 24, 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. \pardDated: 9/30/21

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

ATTORNEYFOR PETITIONER

CONDEMNATION

STATE OF MINNESOTA COUNTY OF BROWN

IN DISTRICT COURT FIFTH JUDICIAL DISTRICT

State of Minnesota, by its Commissioner of Transportation,

Petitioner, vs.

Bank Midwest, successor in interest by corporate merger, consolidation, amendment, or conversion to State Bank of Springfield, County of Brown, Michael A. Krueger, Beverly R. Krueger, Compeer Financial, FLCA, successor in interest by corporate merger, consolidation, amendment, or conversion to AgStar Financial Services, FLCA, Jason Lang, Kayla Lang, Marsha Schmidt, Donna Schmidt, Unknown heirs of Charles Schmidt Jr., deceased, Springfield Economic Development Authority, City of Springfield, Matthew C Schmidt, Kari Schmidt, Tammy J Hatlestad, Timothy Schwanke, also known as Timothy K. Schwanke, Janice Schwanke, also known as Janice A. Schwanke, Farmers & Merchants State Bank of Springfield, SouthPoint Financial Credit Union, Unknown heirs of Robert Bloemke, deceased, Paul Hocum, also known as Paul H. Hocum, Red Rock Bank, ARC DGSPGMN001, LLC, DG Retail, LLC, doing business as Dollar General Stores , 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 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 numbered 14, being Route numbered 007, has been located according to law and passes over the lands herein described.

That it is duly covered by Right of Way Plat Orders numbered 99016, 99017, and 99020.

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: as to Parcel 227B, a snow fence easement and access easement to erect a snow fence upon the easement in perpetuity as shown on the Plat, 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, 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 Brown 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 227A C.S. 0803 (14=7-39-3)S.P. 0803-44RW

All of the following:

That part of Outlot E, in the Southwest Quarter of Section 18, Township 109 North, Range 34 West, shown as Parcel 227A on Minnesota Department of Transportation Right of Way Numbered 08-21 as the same on file and of record in the office of the County Recorder in and for Brown County, Minnesota. Names of parties interested in the above described land and nature of interest:

Bank Midwest, successor in intereste by corporate merger, consolidation, amendment, or conversion to State Bank of Springfield

Fee

County of Brown

Taxes

EASEMENT ACQUISITION

Parcel 227B C.S. 0803 (14=7-39-3)S.P. 0803-44RW

A snow fence easement in perpetuity over that part of Tract A described below:

Tract A. That part of Lot E-7A of the subdivision of Lot E-7 in the Southwest Quarter of Section 18, Township 109 North, Range 34 West, shown as Parcel 227B on Minnesota Department of Transportation Right of Way Numbered 08-21 as the same on file and of record in the office of the County Recorder in and for Brown County, Minnesota;

together with other rights as set forth below, forming and being part of said Parcel 227B:Easement:

An access easement in perpetuity for the purpose of constructing and maintaining a snow fence as shown on said plat as to said Parcel 227B and designated as an access easement;

Temporary Easement:

A temporary easement for highway purposes as shown on said as to said Parcel 227B by the temporary easement symbol, said easement shall cease on December 1, 2026, 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 A. Krueger

Beverly R. Krueger

Fee

Compeer Financial, FLCA, successor in interest by corporate merger, consolidatioin, amendment, or conversioin to AgStar Financial Services, FLCA

Mortgage

County of Brown

Taxes

FEE ACQUISITION

Parcel 228B C.S. 0803 (14=7-39-3)S.P. 0803-44RW

All of the following:

That part of Lot 11, Block 4, Dooners Second Addition, shown as Parcel 228B on Minnesota Department of Transportation Right of Way Numbered 08-21 as the same on file and of record in the office of the County Recorder in and for Brown County, Minnesota.

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

Jason Lang

Kayla Lang

Contract for Deed

Marsha Schmidt

Fee

Donna Schmidt

Unknown heirs of Charles Schmidt Jr., deceased

Springfield Economic Development Authority

Mortgage

City of Springfield

Mortgage

County of Brown

Taxes

Matthew C. Schmidt

Kari Schmidt

TODD Beneficiary

Tammy J. Hatlestad

TODD Beneficiary

FEE ACQUISITION

Parcel 229 C.S. 0803 (14=7-39-3)S.P. 0803-44RW

All of the following:

That part of Lots 13 and 14, and the West Half of the adjoining alley, Block 4, Bagens Fourth Addition, shown as Parcel 229 on Minnesota Department of Transportation Right of Way Numbered 08-22 as the same on file and of record in the office of the County Recorder in and for Brown County, Minnesota.

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

Timothy Schwanke, also known as

Timothy K. Schwanke

Janice Schwanke, also known as

Janice A. Schwanke

Fee

Farmers & Merchants State Bank of Springfield

Mortgage

SouthPoint Financial Credit Union

Mortgage

County of Brown

Taxes

FEE ACQUISITION

Parcel 230A C.S. 0803 (14=7-39-3)

S.P. 0803-44RW

All of the following:

That part of Lot 1, and the East Half of the adjoining alley, Block 4, Bagens Fourth Addition, shown as Parcel 230A on Minnesota Department of Transportation Right of Way Numbered 08-22 as the same on file and of record in the office of the County Recorder in and for Brown County, Minnesota.

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

Unknown heirs of Robert Bloemke, deceased

Record Fee

City of Springfield

Claimant of Fee

FEE ACQUISITIONParcel 230B C.S. 0803 (14=7-39-3)

S.P. 0803-44RW

All of the following:

That part of Sublots 1-A and 1-B, of Lot 1, and the East Half of the adjoining alley, Block 4, Bagens Fourth Addition, shown as Parcel 230B on Minnesota Department of Transportation Right of Way Numbered 08-22 as the same on file and of record in the office of the County Recorder in and for Brown County, Minnesota.

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

Paul Hocum, also known as Paul H. Hocum

Fee

Red Rock Bank

Mortgage

County of Brown

Taxes

Parcel 233C C.S. 0803 (14=7-39-3)

S.P. 0803-44RW

All of the following:

A temporary easement for highway purposes in that part of Lot 1, Block 1, East End Addition, shown as Parcel 233C on Minnesota Department of Transportation Right of Way Numbered 08-25 as the same on file and of record in the office of the County Recorder in and for Brown County, Minnesota, by the temporary easement symbol, said easement shall cease on December 1, 2026, 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:

ARC DGSPGMN001, LLC

Fee

DG Retail, LLC, doing business as Dollar General Stores

Lessee

County of Brown

Taxes

FEE ACQUISITION

Parcel 431B C.S. 0803 (14=7-39-3)

S.P. 0803-44RW

All of the following:

That part of Lot D, Ferdinand Schwarzrock’s Land in Sections 17 & 18, Township 109 North, Range 34 West, shown as Parcel 431B on Minnesota Department of Transportation Right of Way Numbered 08-25 as the same on file and of record in the office of the County Recorder in and for Brown County, Minnesota.

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

Timothy Schwanke, also known as Timothy K. Schwanke

Janice Schwanke, also known as Janice A. Schwanke

Fee

SouthPoint Financial Credit Union

Mortgage

County of Brown Taxes

WHEREFORE, Your petitioner prays that commissioners be appointed to the damages which may be occasioned by such taking, and that such may be had herein as are provided by law. September 9, 2021

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

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: September 9, 2021

KEITH ELLISON

Attorney General

State of Minnesota

s/William Young

WILLIAM YOUNG

Assistant Attorney General

Atty. Reg. No. 0393502

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