SHERWOOD FOREST COMM’L

Public Notice
(Official Publication)
NOTICE
CONDEMNATION
STATE OF MINNESOTA IN DISTRICT COURT
COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT
Court File No. 82-CV-13-4308
State of Minnesota, by its Commissioner of Transportation, Petitioner,
vs.
Sherwood Forest Commercial, LLC, et al.,
Respondents.
IN THE MATTER OF THE CONDEMNATION OF
CERTAIN LANDS FOR TRUNK HIGHWAY PURPOSES
To the Respondents hereinabove named:
You, and each of you, are hereby notified that on November 15, 2013, at 9:30 oclock AM., or as soon thereafter as counsel can be heard, before Judge Richard C. Ilkka, in the Government Center at Stillwater, Washington 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 December 20, 2013.
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 DECEMBER 20, 2013. All advertising signs or devices located on the property being acquired must be removed by December 20, 2013.
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: September 16, 2013
OFFICE OF THE ATTORNEY GENERAL
State of Minnesota
/s/ Stephen D. Melchionne
STEPHEN D. MELCHIONNE
Assistant Attorney General
Atty. Reg. No. 0391374
445 Minnesota Street, Suite 1800
St. Paul, MN 55101-2134
(651) 757-1207 (Voice)
(651) 282-2525(TTY)
ATTORNEY FOR PETITIONER
PETITION
CONDEMNATION
STATE OF MINNESOTA IN DISTRICT COURT
COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT
– – – – –
State of Minnesota, by its Commissioner of Transportation,
Petitioner,
vs.
Sherwood Forest Commercial, LLC, Northern States Power Company, formerly known as Northern Power Corporation, and doing business as Xcel Energy, State of Minnesota Department of Natural Resources, The Bank of New York Mellon Trust Company, National Association, City of Bayport, City of Oak Park Heights, Metropolitan Council, successor in interest to the Metropolitan Waste Control Commission, Metropolitan Sewer Service Board, and to the Metropolitan Sewer Board, County of Washington, Colonial Apartments Partnership, JIM WEBER GENERAL CONTRACTING, INC, J.P. Bush Homes, Inc., Thomas Grace Construction, Inc., Shane Rose Construction LLC, WILD RIVER REALTY LLC , Knights of Columbus Solanus Casey Council 1632, Brian Johnson Insurance Agency, Inc, Country House, Inc., Richard N. Olsen, Northern Agency, St. Croix Valley Athletic Association, Lake Elmo Bank, JRB, Inc., doing business as Kitchens of Stillwater, Stillwater Lodge No. 179 of the Benevolent and Protective Order of Elks of the United State of America, Dan Roettger Home Improvement LLC, City of Stillwater, 2005 II LLC, U.S. Bank National Association, Valley Master Partnership LLC, successor in interest by corporate merger, consolidation, amendment, or conversion to Valley Master Partnership Limited Partnership, General Parts Inc., doing business as Carquest Distribution Center-Lakeville, Inc., General Parts International, Inc., successor in interest by corporate merger, consolidation, amendment, or conversion to The International Group, Inc., Worldpac, Inc., successor in interest by corporate merger, consolidation, amendment, or conversion to World Wide Parts and Accessories Corporation, Cathleen H. Bockman, formerly known as Cathleen H. Misenor, Michael A. Brochman, John Burton, Debra Burton, Steven Jensen, Colleen Rene Sutter, Lori Ann Smith, Laurie Jo Gunelius, Cynthia A. Baker, Roberta C. Hansen, formerly known as Roberta C. Paton, Joy I. Linder, Rachel Koenig, Kevin Scott Lombardo, Lori J. Shattuck, Emmanuel Properties MN #1, LLC, Eugene Stiftler, Michael J. Blaisdell, Tammy M. Greene, Jason Skinner, Tony H. Flattum, Kimberly E. Flattum, Tiffany S. Britz, formerly known as Tiffany S. Clark, Charles M. Britz, Deborah K. Bixby, David A. Olson, Kathleen M. Hooley, William M. Boland, Susan Marie York, Pamela Sue Sanderson, Dean P. Hansen, Marvin G. Sanderson, Pond View Apartments Condominium Association, Inc., Hall & Hall Properties, LLC, Mike Henry, doing business as Paragon Pools, Alysia Johnson, doing business as Shears to you, Lois J. Hall, doing business as Hall Family Chiropractic Clinic, Danial A. Hall, doing business as Hall Family Chiropractic Clinic, 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 118, which has been renumbered 36, and which has been located according to law, passes over the lands herein described.
That it is duly covered by Right of Way Plat Orders numbered 93398, 93399, 93400, 93411, 93314, and 93484.
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 an easement in perpetuity for private roadway purposes in those cases which are herein particularly mentioned; and to acquire a temporary easement in those cases which are herein particularly mentioned.
With reference to Parcels 263B and 263C, it is the intention of this proceeding to except all severed mineral rights, not including rights to sand and gravel, and reserve to the owners of the severed mineral rights, their heirs, successors and assigns, the rights and privileges to explore for, mine, and remove the minerals, but only in such manner that will not interfere with the use of said land for highway purposes or with the safe and continuous operation of any public highway thereon, and further the severed mineral owners reserve the right to relocate the highway at the mineral owners expense pursuant to Minnesota Statutes l60.l0 as such may be amended.
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 Washington 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 263B C.S. 8214 (36=45) 904
S.P. 8221-01RW
All of the following:
That part of Government Lot 5, Section 34, Township 30 North, Range 20 West, shown as Parcel 263B on Minnesota Department of Transportation Right of Way Plat Numbered 82-130 as the same is on file and of record in the office of the Registrar of Titles in and for Washington County, Minnesota; the title thereto being registered as evidenced by Certificate of Title No. 49650;
containing 0.85 acre, more or less, of which 8377 square feet is encumbered by an existing access easement:
together with other rights as set forth below, forming and being part of said Parcel 263B:
Temporary Easement:
A temporary easement for highway purposes as shown on said plat as to said Parcel 263B by the temporary easement symbol, said easement 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:
Northern States Power Company, Fee
formerly known as Northern Power
Corporation, and doing business as
Xcel Energy
State of Minnesota Mineral Rights
Department of Natural Resources
The Bank of New York Mellon Trust Company, Mortgage
National Association
City of Bayport Easement
City of Oak Park Heights Easement
Metropolitan Council, successor in interest Easement
to the Metropolitan Waste Control Commission,
Metropolitan Sewer Service Board, and to the
Metropolitan Sewer Board
County of Washington Taxes and Special
Assessments
Parcel 263C C.S. 8214 (36=45)904
S.P. 8214-114
All of the following:
An easement in perpetuity for private roadway purposes in that part of the Southwest Quarter of the Northeast Quarter of Section 3, Township 29 North, Range 20 West, shown as Parcel 263C on Minnesota Department of Transportation Right of Way Plat Numbered 82-127, and corrected by Land Surveyors Certificate of Correction to Plat, Document No. 1221636, as the same are on file and of record in the office of the Registrar of Titles in and for Washington County, Minnesota; the title thereto being registered as evidenced by Certificate of Title No. 49650;
containing 0.42 acre, more or less.
Names of parties interested in the above described land and nature of interest:
Northern States Power Company, Fee
formerly known as Northern Power
Corporation, and doing business as
Xcel Energy
State of Minnesota Mineral Rights
Department of Natural Resources
The Bank of New York Mellon Trust Company, Mortgage
National Association
City of Oak Park Heights Easement
City of Bayport Easement
Metropolitan Council, successor in interest Easement
to the Metropolitan Waste Control Commission,
Metropolitan Sewer Service Board, and to the
Metropolitan Sewer Board
County of Washington Taxes
FEE ACQUISITION
Parcel 56 C.S. 8214 (36=45) 905
S.P. 8214-114
All of the following:
That part of Southwest Quarter of the Southwest Quarter of Section 33, Township 30 North, Range 20 West, shown as Parcel 56 on Minnesota Department of Transportation Right of Way Plat Numbered 82-118 as the same is on file and of record in the office of the County Recorder in and for Washington County, Minnesota;
containing 0.18 acre, more or less, of which 4957 square feet is encumbered by an existing highway easement;
together with other rights as set forth below, forming and being part of said Parcel 56:
Temporary Easement:
A temporary easement for highway purposes as shown on said plat as to said Parcel 56 by the temporary easement symbol, said easement 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:
Sherwood Forest Commercial, LLC Fee
Colonial Apartments Partnership Easement
JIM WEBER GENERAL CONTRACTING, INC Easement
J.P. Bush Homes, Inc. Lessee
Thomas Grace Construction, Inc. Lessee
Shane Rose Construction LLC Lessee
WILD RIVER REALTY LLC Lessee
Knights of Columbus Solanus Casey Council 1632 Lessee
Brian Johnson Insurance Agency, Inc Lessee
Country House, Inc. Lessee
Richard N. Olsen Lessee
Northern Agency Lessee
St. Croix Valley Athletic Association Lessee
County of Washington Taxes
FEE ACQUISITION
Parcel 59 C.S. 8214 (36=45) 905
S.P. 8214-114
All of the following:
That part of the Southwest Quarter of the Southwest Quarter of Section 33, Township 30 North, Range 20 West, shown as Parcel 59 on Minnesota Department of Transportation Right of Way Plat Numbered 82-118 as the same is on file and of record in the office of the County Recorder in and for Washington County, Minnesota;
containing 0.36 acre, more or less, of which 13726 square feet is encumbered by an existing road easement;
together with other rights as set forth below, forming and being part of said Parcel 59:
Temporary Easement:
A temporary easement for highway purposes as shown on said plat as to said Parcel 59 by the temporary easement symbol, said easement 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:
Lake Elmo Bank Fee
JRB, Inc., doing business as Kitchens of Stillwater Lessee
Stillwater Lodge No. 179 of the Benevolent and Protective Lessee
Order of Elks of the United State of America
Dan Roettger Home Improvement LLC Lessee
City of Stillwater Special Assessments and
Easement
County of Washington Taxes
FEE ACQUISITION
Parcel 91 C.S. 8214 (36=45) 905
S.P. 8214-114
All of the following:
That part of Block 5, Summit Park, shown as Parcel 91 on Minnesota Department of Transportation Right of Way Plat Numbered 82-120 as the same is on file and of record in the office of the County Recorder in and for Washington County, Minnesota;
together with other rights as set forth below, forming and being part of said Parcel 91:
Temporary Easement:
A temporary easement for highway purposes as shown on said plat as to said Parcel 91 by the temporary easement symbol, said easement 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:
2005 II LLC Fee
U.S. Bank National Association Financing Statement
Valley Master Partnership LLC, successor in Possible Claimant of
interest by corporate merger, consolidation, an Interest
amendment, or conversion to Valley Master
Partnership Limited Partnership
General Parts Inc., doing business as Lessee
Carquest Distribution Center-Lakeville, Inc.
General Parts International, Inc., successor in interest
by corporate merger, consolidation, amendment, or
conversion to The International Group, Inc.
Worldpac, Inc., successor in interest by corporate
merger, consolidation, amendment, or conversion to
World Wide Parts and Accessories Corporation
County of Washington Taxes
FEE ACQUISITION
Parcel 216 C.S. 8214 (36=45) 905
S.P. 8214-114
All of the following:
That part of the common element of CONDOMINIUM NUMBER 54, POND VIEW APARTMENTS and CONDOMINUM NUMBER 54, POND VIEW APARTMENTS, A CONDOMINIUM, FIRST SUPPLEMENTAL CONDOMINIUM PLAT, shown as Parcel 216 on Minnesota Department of Transportation Right of Way Plats Numbered 82-117 and 82-119 as the same is on file and of record in the office of the Registrar of Titles in and for Washington County, Minnesota; the title thereto being registered as evidenced by Certificates of Title Numbers 39419, 63372, 68549, 60148, 60817, 65243, 49455, 48809, 66246, 60244, 42240, 42084, 66317, 66508, 61024, 58780, 68059, 67663, 68926, 51199, 67689 and 59650;
together with other rights as set forth below, forming and being part of said Parcel 216:
Temporary Easement:
A temporary easement for highway purposes as shown on said plats as to said Parcel 216 by the temporary easement symbol, said easement 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:
Cathleen H. Bockman, formerly known Fee
as Cathleen H. Misenor
Michael A. Brochman
John Burton
Debra Burton
Steven Jensen
Colleen Rene Sutter
Lori Ann Smith
Laurie Jo Gunelius
Cynthia A. Baker
Roberta C. Hansen, formerly known
as Roberta C. Paton
Joy I. Linder
Rachel Koenig
Kevin Scott Lombardo
Lori J. Shattuck
Emmanuel Properties MN #1, LLC
Eugene Stiftler
Michael J. Blaisdell
Tammy M. Greene
Jason Skinner
Tony H. Flattum
Kimberly E. Flattum
Tiffany S. Britz, formerly known
as Tiffany S. Clark
Charles M. Britz
Deborah K. Bixby
David A. Olson
Kathleen M. Hooley
William M. Boland
Susan Marie York
Pamela Sue Sanderson
Dean P. Hansen Spouse
Marvin G. Sanderson
Pond View Apartments Condominium Association, Inc. Claimant of
an Interest
County of Washington Taxes
FEE ACQUISITION
Parcel 218A C.S. 8214 (36=45) 905
S.P. 8214-114
All of the following:
That part of the Northeast Quarter of the Northeast Quarter of Section 5, Township 29 North, Range 20 West, shown as Parcel 218A on Minnesota Department of Transportation Right of Way Plat Numbered 82-117 as the same is on file and of record in the office of the Registrar of Titles in and for Washington County, Minnesota; the title thereto being registered as evidenced by Certificate of Title No. 68736;
containing 0.01 acre, more or less.
Names of parties interested in the above described land and nature of interest:
Hall & Hall Properties, LLC Fee
Mike Henry, doing business as Paragon Pools Lessee
Alysia Johnson, doing business as Shears to you Lessee
County of Washington Taxes
Lois J. Hall, doing business as Occupant
Hall Family Chiropractic Clinic
Danial A. Hall, doing business as
Hall Family Chiropractic Clinic
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: August 12, 2013
Respectfully submitted,
OFFICE OF THE ATTORNEY GENERAL
State of Minnesota
/s/ Stephen D. Melchionne
STEPHEN D. MELCHIONNE
Assistant Attorney General
Atty. Reg. No. 0391374
445 Minnesota Street, Suite 1800
St. Paul, MN 55101-2134
(651) 757-1207 (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
100453
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: August 12, 2013
OFFICE OF THE ATTORNEY GENERAL
State of Minnesota
/s/ Stephen D. Melchionne
STEPHEN D. MELCHIONNE
Assistant Attorney General
Atty. Reg. No. 0391374
445 Minnesota Street, Suite 1800
St. Paul, MN 55101-2134
(651) 757-1207 (Voice)
(651) 282-2525 (TTY)
ATTORNEY FOR PETITIONER
10/3-10/17/13, Stillwater, Sherwood Forest Commercial Notice, 29084

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