Public Notices 04/05/2013

City of St. Mary’s Point
(Official Publication)
City of St. Mary’s Point
Ordinance No. 2013-01
CITY OF ST. MARY’S POINT
COUNTY OF WASHINGTON
STATE OF MINNESOTA
An Ordinance Revising Code Section 1503.040(C)
Regarding Tree Limb Height

WHEREAS, the City has received information from the Lower St. Croix Valley Fire Department requesting that tree limbs above roadways be trimmed to a height of 12-15 feet for purposes of clearance for fire trucks and other tall vehicles; and

WHEREAS, the City’s existing Code § 1503.040(C) relating to nuisance conditions, provides that tree limb height of less than eight (8) feet above public street constitutes a nuisance; and

WHEREAS, the City desires to revise its Codes relating to tree limb height above roadways, particularly Code § 1503.040(C) to bring it into conformance with the needs of the fire department and other tall vehicles.

NOW THEREFORE, THE COUNCIL OF THE CITY OF ST. MARY’S POINT ORDAINS:

That the City Code of the City of St. Mary’s Point shall be amended as follows, with additions noted in underlined text and deletions noted in strikethrough text.

1. That § 1503.040 of the Municipal Nuisance Code of the City of St. Mary’s Point is hereby amended as follows:

The following are declared to be nuisances affecting peace and safety:

C. Low Limbs. All limbs of trees which are less than eight (8) fifteen (15) feet above the surface of any public sidewalk or street;

EFFECTIVE DATE: This Ordinance shall be in full force and effect from and after its passage and approval by the City Council and publication, as required by law.

Adopted by the City of St. Mary’s Point

This 4th day of February, 2013.

By Order of the City Council

/s/ Cindie J Reiter
City Clerk

(Apr. 5, 2013) Ordinance 2013-01
Foreclosure Notice
(Official Publication)
NOTICE OF MORTGAGE FORECLOSURE SALE

Date: March 29, 2013

1. A default has occurred in the conditions of that certain mortgage executed by Barbara J. Daniels FKA Barbara J. Raeburn, a single person, as mortgagor, in favor of Central Bank, a Minnesota banking corporation, as mortgagee, dated October 29, 2004, and recorded on December 2, 2004, as Document No. 3482524, as modified by that certain modification of mortgage dated February 6, 2007 and recorded on February 21, 2007 as Document No. 3631557, both in the Office of the County Recorder in and for Washington County, Minnesota (“Mortgage”). The land described in the Mortgage is not registered land.

2. The Mortgage was assigned to ACRS – 1, LLC, by an instrument of assignment dated March 19, 2013 and recorded in the Office of the Washington County Recorder on March 27, 2013 as Document No. 3938153.

3. The original principal amount secured by the Mortgage was: $75,000.00.

4. No action or proceeding at law is now pending to recover the debt secured by the Mortgage of any part thereof.

5. The holder of the Mortgage has complied with all conditions precedent to acceleration of the debt secured by the Mortgage and foreclosure of the Mortgage and all notice and other requirements of applicable statutes.

6. As of the date of this notice the amount due on the Mortgage is: $249,946.01.

7. Pursuant to the power of sale in the Mortgage, the Mortgage shall be foreclosed, and the land located at 67 Pine Street, Mahtomedi, Minnesota 55115, Property Tax ID No. 20.030.21.23.0082, and legally described as follows:

All of Lots 4 and 11, Block 4, Mahtomedi, being a rearrangement of a part of Mahtomedi Assembly. Excepting therefrom the following described pieces: Part of Lot 4 of said Block 4; Beginning at the southerlymost corner of said Lot 4; thence northwesterly along the lot between Lots 4 and 10 of said Block 4 for 100.8 feet to the westerlymost corner of said Lot 4; thence northeasterly along the northwesterly line of said Lot 4 for 16.8 feet; thence southeasterly for 89.6 feet to the point of the beginning. Excepting also part of Lot 4 described as follows: Beginning at an iron monument at the Northeasterly corner of said Lot 4; thence Southwesterly on the line between Lots 4 and 11 of said Block, 16 feet; thence Northwesterly in a straight line 39.23 feet to an iron monument on the line between Lots 3 and 4 of said Block, and distant 45 feet from the Northeasterly corner of said Lot; thence Easterly on the line between said Lots 3 and 4, 45 feet to the point of beginning, containing 308.70 square feet. Excepting also the following described part of Lot 11 of said Block 4; Beginning at the southerlymost corner of said Lot 4, Block 4; thence at an angle to the left from the lot line between said Lots 4 and 10 of 108 degrees 51 minutes and southerly to the southerly line of said Lot 11; thence westerly along said southerly line of Lot 11 to the westerlymost corner thereof; thence northeasterly along the northwesterly line of said Lot 11 to the point of beginning. And also the privilege of using as a driveway, jointly with the adjacent land owners, all that part of Lot 11, Block 4, Mahtomedi, described as follows: Beginning at the Southeasterly corner of said Lot 11, thence westerly on the line between Lots 11 and 12 of said block, 94.16 feet to an iron monument; thence on an angle at right 74 degrees -3, 1-2’, 10.4 feet to an oak hub, thence easterly on a straight line and parallel with the line between said Lots 11 and 12, 101.50 feet to an iron monument on the easterly line of said Lot 11, thence southerly 10.98 feet to the point of beginning, containing 978.3 square feet, which right of way shall run with the land above described. And also the part of the vacated public road lying northwesterly of said Lot 4 and Lot 10 of said Block 4 excepting therefrom the following described part: Beginning at the westerlymost corner of said Lot 10 of Block 4; thence at an angle to the left from the southerly line of said Lot 10 of 108 degrees 00 minutes and northerly for 20.0 feet; thence northeasterly at a distance of 10 feet southeasterly from the northwesterly limits of said vacated Public road for 68 feet, more or less, to its intersection with the Westerly extension of the northerly line of that portion of said Lot 4 as described above; thence southeasterly along said extended line for 9 feet, more or less, to the northwesterly line of said Lot 4 thence Southwesterly along the northwesterly line of said Lot 4 and 10 for 80.5 feet, more or less, to the point of beginning.

All that part of Lot 11 in Block 4 of Mahtomedi, being a rearrangement of part of Mahtomedi Assembly, Washington County, Minnesota, described as follows, to-wit: Commencing at the Northeasterly corner of said Lot 11 on Lakeside Avenue, thence Northwesterly along the Northerly line of said Lot 82.2 feet to the Northwesterly corner of said Lot; thence Southwesterly along the Westerly line of said Lot 16 feet to the Northeasterly corner of tract of land heretofore conveyed out of said Lot 11 to Ella M. Lamberson, as shown by the records of said County; thence Southwesterly along the Easterly line of said tract of land conveyed to Ella M. Lamberson 51.67 feet to the point of said Lot 11 10.4 feet distant from the Southerly line of said lot, thence Easterly 101.5 feet to a point on the Easterly line of said Lot 10.98 feet from the Southeast corner of said Lot; thence Northeasterly along the Easterly line of said lot 39.02 feet to point of beginning.

Except that part lying within the property described in Certificate of Title 42662.

shall be sold by the Sheriff of Washington County, Minnesota, at public auction on May 13, 2013 at 10:00 a.m., at the Lobby of the Washington County Sheriff’s Office: 15015 62nd Street North, Stillwater, Minnesota 55082.

8. The time allowed by law for redemption by mortgagor or mortgagor’s personal representatives or assigns is 6 months after the date of sale.

9. The mortgagor must vacate the property on or before 11:59 p.m. on November 14, 2013 if the Mortgage is not reinstated under Minn. Stat. § 580.30 or the property is not redeemed under Minn. Stat. § 580.23.

10. THE TIME ALLOWED BY LAW FOR REDEMPTION BY THE MORTGAGOR, THE MORTGAGOR’S PERSONAL REPRESENTATIVES OR ASSIGNS, MAY BE REDUCED TO FIVE WEEKS IF A JUDICIAL ORDER IS ENTERED UNDER MINN. STAT. § 582.032, DETERMINING, AMONG OTHER THINGS, THAT THE MORTGAGED PREMISES ARE IMPROVED WITH A RESIDENTIAL DWELLING OF LESS THAN FIVE UNITS, ARE NOT PROPERTY USED IN AGRICULTURAL PRODUCTION, AND ARE ABANDONED.

11. The mortgagor released from financial obligation on the Mortgage is: None.

ACRS – 1, LLC
(a limited liability company)
Assignee of Mortgagee

By its attorneys,
Morris Law Group, P.A.
7241 Ohms Lane, Suite 275
Edina, MN 55439
(952) 832-2000
Attorneys for Assignee of Mortgagee

This is a communication from a debt collector.

(Mar. 29, Apr. 5,12,19,26, May 3, 2013) Daniels Foreclosure
Foreclosure Notice
(Official Publication)
NOTICE OF MORTGAGE FORECLOSURE SALE

Date: April 5, 2013

1. A default has occurred in the conditions of that certain mortgage executed by Adeniyi A. Alabi and Linda M. Alabi, husband and wife, as mortgagors, in favor of Lake Elmo Bank, a Minnesota banking corporation, as mortgagee, dated March 15, 2004, and recorded on May 13, 2004, as Document No. 3440362, in the Office of the County Recorder in and for Washington County, Minnesota (“Mortgage”). The land described in the Mortgage is not registered land.

2. The original principal amount secured by the Mortgage was: $217,000.00.

3. No action or proceeding at law is now pending to recover the debt secured by the Mortgage or any part thereof.

4. The holder of the Mortgage has complied with all conditions precedent to acceleration of the debt secured by the Mortgage and foreclosure of the Mortgage and all notice and other requirements of applicable statutes.

5. As of the date of this notice, the amount due on the Mortgage is: $170,623.76.

6. Pursuant to the power of sale in the Mortgage, the Mortgage shall be foreclosed, and the land located at 6230 10th Street Unit 420, Oakdale, Minnesota 55128, Property Tax ID No. 30.029.21.33.0032, and legally described as follows:

Unit 420, Common Interest Community Number 205, Oakdale Square Second Addition Office Park, Washington County, Minnesota (“Property”),

shall be sold by the Sheriff of Washington County, Minnesota, at public auction on May 24, 2013 at 10:00 a.m., at the Washington County Sheriff’s Office: 15015 – 62nd Street North, Stillwater, Minnesota 55082.

7. The time allowed by law for redemption by mortgagors or mortgagors’ personal representatives or assigns is six (6) months after the date of sale.

8. The mortgagors must vacate the Property on or before 11:59 p.m. on November 26, 2013, if the Mortgage is not reinstated under Minn. Stat. § 580.30 or the Property is not redeemed under Minn. Stat. § 580.23.

9. THE TIME ALLOWED BY LAW FOR REDEMPTION BY THE MORTGAGORS, THE MORTGAGORS’ PERSONAL REPRESENTATIVES OR ASSIGNS, MAY BE REDUCED TO FIVE WEEKS IF A JUDICIAL ORDER IS ENTERED UNDER MINN. STAT. § 582.032, DETERMINING, AMONG OTHER THINGS, THAT THE MORTGAGED PREMISES ARE IMPROVED WITH A RESIDENTIAL DWELLING OF LESS THAN FIVE UNITS, ARE NOT PROPERTY USED IN AGRICULTURAL PRODUCTION, AND ARE ABANDONED.

10. The mortgagors released from financial obligation on the Mortgage are: None.

Lake Elmo Bank
(a Minnesota banking corporation)

By its attorneys:
________________________________
Joshua D. Christensen, (#332616)
Lindsay W. Cremona, (#393599)
Anastasi Jellum, P.A.
Attorneys for Mortgagee
14985 60th Street North
Stillwater, MN 55082
(651) 439-2951
16711-F

(Apr. 5,12,19,26, May 3,10, 2013) Alabi Foreclosure
Probate Notice
(Official Publication)
STATE OF MINNESOTA TENTH JUDICIAL DISTRICT
DISTRICT COURT
COUNTY OF WASHINGTON PROBATE DIVISION
Court File No. 82-PR-13-1553

NOTICE AND ORDER OF HEARING
ON PETITION FOR PROBATE OF WILL
AND APPOINTMENT OF PERSONAL
REPRESENTATIVE AND
NOTICE TO CREDITORS
Estate of
Olive G. Bellman,
Decedent

It is Ordered and Notice is given that on April 23, 2013, at 1:00 p.m., a hearing will be held in this Court at 14949 62nd Street North, Stillwater, Minnesota, for the formal probate of an instrument purporting to be the Will of the Decedent dated, November 5, 2003, and (“Will”), and for the appointment of Patricia A. Bellman, whose address is 1012 North William Street, Stillwater, MN 55082 as Personal Representative of the Estate of the Decedent in an UNSUPERVISED administration. Any objections to the petition must be filed with the Court prior to or raised at the hearing. If proper and if no objections are filed or raised, the Personal Representative will be appointed with full power to administer the Estate including the power to collect all assets, to pay all legal debts, claims, taxes and expenses, to sell real and personal property, and to do all necessary acts for the Estate.

Notice is also given that (subject to Minn. Stat. 524.3-801) all creditors having claims against the Estate are required to present the claims to the Personal Representative or to the Court Administrator within four months after the date of this Notice or the claims will be barred.

A charitable beneficiary may request notice of the probate proceedings be given to the Attorney General pursuant to Minn. Stat. 501B.41, subd. 5.

Dated: April 4, 2013

BY THE COURT

Susan R. Miles
Judge of District Court

Court Administrator

By Pamela Kreier
Deputy

Attorneys for Petitioner
Randall W. Sayers and Sarah J. Leonard
Hansen, Dordell, Bradt, Odlaug, & Bradt, PLLP
3900 Northwoods Drive, Suite 250
Saint Paul, MN 55112
Attorney License No: 130746
Attorney License No: 0393228
Telephone: (651) 332-8725
FAX: (651) 482-8909
Email: rsayers@hdbob.com

(Apr. 5 & 12, 2013) Bellman Probate
Probate Notice
(Official Publication)
STATE OF MINNESOTA DISTRICT COURT
PROBATE DIVISION
COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT
Court File No. 82-PR-13-1568

NOTICE TO CREDITORS: FOREIGN PERSONAL
REPRESENTATIVE ACTING IN MINNESOTA
Estate of
Burt Rivard a/k/a Burt H. Rivard a/k/a Burt Hilary Rivard
Decedent

Notice is given that Rhonda Rivard and Stephanie Schumacher, residing at 12211 80th Street North, Stillwater, MN 55082 and 323 S. Minnesota Street, Bayport, MN 55003 is the domiciliary foreign personal representative (“Personal Representative”) for the estate of Burt Rivard a/k/a Burt H. Rivard a/k/a Burt Hilary Rivard, a resident of the State of Wisconsin.

On March 19, 2013, the Personal Representative filed with the Court a document stating an intention to exercise, as to assets in Minnesota, all powers of a local personal representative and to maintain actions and proceedings in Minnesota in accordance with Minn. Stat. 524.4-205.

Notice is also given that any Minnesota creditor who objects to the Personal Representative’s exercise of power over assets in Minnesota must file a written objection within 60 days from the Personal Representative’s filing. If no objections are filed, the representative may, after the expiration of the 60 day period, exercise all powers of a local personal representative.

Dated: April 4, 2013
Annette Fritz
Court Administrator

By Pamela Kreier
Deputy

Attorney For Foreign Personal Representa
Meghan S. Johnson
CUMMINS LAW OFFICE, P.A.
200 Professional Building
363 5th Avenue North
Bayport, MN 55003
651-430-2630
Attorney ID# 0387059

(Apr. 5 & 12, 2013) Rivard Probate

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