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St. James Plaindealer - St. James, MN
  • Legal notices Feb. 14, 2013

  • Legal notices as published in the St. James Plaindealer Thursday, Feb. 14, 2103
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  • PROBATE
    FIFTH JUDICIAL DISTRICT
    DISTRICT COURT
    PROBATE DIVISION
    Court File No. PR-13-90
    STATE OF MINNESOTA
    COUNTY OF WATONWAN
    In Re: Estate of
    Roger A. Parsons, Decedent
    NOTICE AND ORDER OF HEARING ON PETITION FOR PROBATE OF WILL AND APPOINTMENT OF PERSONAL REPRESENTATIVE AND NOTICE TO CREDITORS
     
    It is Ordered and Notice is given, that on March 11, 2013, at 8:30 a.m., a hearing will be held in this Court at St. James, Minnesota, for the formal probate of an instrument purporting to be the Will of the Decedent dated, March 22, 2004, (“Will”), and for the appointment of Kathryn C. Audette, whose address is 1388 Albany Avenue, St. Paul, MN 55108, 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 Representatives or to the Court Administrator within four (4) months after the date of this Notice or the claims will be barred.
    Dated: February 8, 2013
    BY THE COURT
    Greg Anderson
    Judge of District Court
    (COURT SEAL)
    Dated: February 8, 3013
    Kelly Iverson
    Court Administrator
    /s/ Robin Orvis
    Deputy Court Administrator
    Attorney for Petitioner
    Suzann M. Olson
    Sunde, Olson, Kircher and Zender, P.L.C.
    108 Armstrong Blvd. South
    P.O. Box 506
    St. James, MN 56081
    Attorney License No.: 82296
    Telephone: (507) 375-3352
    FAX: (507) 375-4483
    Published in the St. James Plaindealer Feb. 14 and 21, 2013.
    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
    NOTICE OF MORTGAGE  FORECLOSURE SALE
    THE RIGHT TO VERIFICATION OF THE DEBT AND
    IDENTITY OF THE ORIGINAL CREDITOR WITHIN THE TIME PROVIDED BY LAW IS NOT AFFECTED BY THIS ACTION.
    NOTICE IS HEREBY GIVEN, that default has occurred in conditions of the following described mortgage:
    DATE OF MORTGAGE: November 30, 1992
    MORTGAGOR:    Elizabeth Martinez, a single person and Maria J. Martinez, a single person.
    MORTGAGEE:        Citizens State Bank of St. James.
    DATE AND PLACE OF RECORDING: Recorded November 30, 1992 Watonwan County Recorder, Document No. 163735.
    Page 2 of 11 - ASSIGNMENTS OF MORTGAGE: Assigned to:  Minnesota Housing Finance Agency. Dated November 30, 1992 Recorded December 22, 1992, as Document No. 163863.                
    TRANSACTION AGENT:  NONE
    TRANSACTION AGENT'S MORTGAGE IDENTIFICATION NUMBER ON MORTGAGE:  NONE
    LENDER OR BROKER AND MORTGAGE ORIGINATOR STATED ON MORTGAGE: Citizens State Bank of St. James
    RESIDENTIAL MORTGAGE SERVICER:  U.S. Bank Home Mortgage, a division of U.S. Bank National Association
    MORTGAGED PROPERTY ADDRESS: 501 South 10th Street, Saint James, MN 56081
    TAX PARCEL I.D. #:  202850040
    LEGAL DESCRIPTION OF PROPERTY:
    Lot 4 of Replat of Fuller’s Subdivision of Block 44 of the City of St. James
    COUNTY IN WHICH PROPERTY IS LOCATED: Watonwan
    ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE:    $26,000.00
    AMOUNT DUE AND CLAIMED TO BE DUE AS OF DATE OF NOTICE, INCLUDING TAXES, IF ANY, PAID BY MORTGAGEE: $17,897.78
    That prior to the commencement of this mortgage foreclosure proceeding Mortgagee/Assignee of Mortgagee complied with all notice requirements as required by statute; That no action or proceeding has been instituted at law or otherwise to recover the debt secured by said mortgage, or any part thereof;
    PURSUANT to the power of sale contained in said mortgage, the above described property will be sold by the Sheriff of said county as follows:
    DATE AND TIME OF SALE: February 21, 2013 at 10:00 AM
    PLACE OF SALE: Sheriff’s Office, Watonwan County Law Enforcement Center, St. James, MN
    to pay the debt then secured by said Mortgage, and taxes, if any, on said premises, and the costs and disbursements, including attorneys’ fees allowed by law subject to redemption within    six (6) months from the date of said sale by the mortgagor(s), their personal representatives or assigns unless reduced to Five (5) weeks under MN Stat. §580.07.
    TIME AND DATE TO VACATE PROPERTY: If the real estate is an owner-occupied, single-family dwelling, unless otherwise provided by law, the date on or before which the mortgagor(s) must vacate the property if the mortgage is not reinstated under section 580.30 or the property is not redeemed under section 580.23 is 11:59 p.m. on August 21, 2013 unless that date falls on a weekend  or legal holiday, in which case it is the next weekday, and unless the redemption period is reduced to 5 weeks under MN Stat. Secs. 580.07 or 582.032.
    MORTGAGOR(S) RELEASED FROM FINANCIAL OBLIGATION ON MORTGAGE: None
    “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 MINNESOTA STATUTES, SECTION 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.”
    Page 3 of 11 - Dated: December 20, 2012
    Minnesota Housing
    Finance Agency
    Mortgagee/Assignee of Mortgagee
    USSET, WEINGARDEN AND LIEBO, P.L.L.P.
    Attorneys for Mortgagee/Assignee of Mortgagee
    4500 Park Glen Road #300
    Minneapolis, MN 55416
    (952) 925-6888
    135 - 12-006982 FC
    THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.
    Published in the St. James Plaindealer Jan. 10, 17, 24, 31 and Feb. 7 and 14, 2013.
    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
    NOTICE OF
    MORTGAGE
    FORECLOSURE SALE
    NOTICE IS HEREBY GIVEN, that default has occurred in the conditions of that certain mortgage, dated the 17th day of February, 2006, executed by Seth L. Pettersen and Jayda L. Pettersen a/k/a Jayda L. Mosenden, as husband and wife, as mortgagors, to Citizens Bank Minnesota, as mortgagee, filed for record in the office of the County Recorder in and for the County of Watonwan, and State of Minnesota, on the 24th day of February, 2006, and recorded as Document No. 202622; and thereafter amended by that certain Note and Mortgage Modification Agreement on the 14th day of February, 2011, and filed for record in the office of the County Recorder in and for the County of Watonwan and State of Minnesota on the 15th day of February, 2011, as Document No. 215530;
    That no action or proceeding has been instituted at law to recover the debt secured by said mortgage, or any part thereof; that there has been compliance with all notice provisions and conditions precedent as required by law; and that the mortgagee or assignee has elected to declare the entire sum secured by the note and mortgage to be immediately due and payable as provided in the note and mortgage;
    That the original or maximum principal amount secured by the mortgage was Forty-five Thousand and No/100 DOLLARS ($45,000.00);
    That there is due and claimed to be due on the mortgage, including interest to date hereof, the sum of Forty-one Thousand Five Hundred Eighty-three and 93/100 ($41,583.93) DOLLARS;
    And that pursuant to the power of sale therein contained, said mortgage will be foreclosed and the tract of land lying and being in the County of Watonwan, State of Minnesota, described as follows, to-wit:
    The East 126 feet of Block 14 according to Benzel’s Plat (being a subdivision of a portion of the Northeast Quarter of Section 27, Township 107, Range 30, Watonwan County, Minnesota) of the Village (now City) of Madelia, Watonwan County, Minnesota, including therein the vacated portion of Benzel Street accrued to said tract, EXCEPTING therefrom the South 147 feet of the East 126 feet of said Block 14, (said Block 14 being Block 14 of Buhl’s Plat of Benzel’s Addition to the Village of Madelia).
    The real property’s street address is:  415 Drew Avenue SE, Madelia, MN 56062.
    The real property’s identification number is: 17.177.0810.
    Page 4 of 11 - Transaction agent’s Mortgage identification number:  N/A.
    Mortgage originator:  Citizens Bank Minnesota.
    will be sold by the sheriff of said county at public auction on the 21st day of March, 2013, at 10:00 o'clock a.m., at the Sheriff’s Office, Watonwan County Courthouse, Third Avenue Entrance in the City of St. James in said county and state, to pay the debt then secured by said mortgage on said premises and the costs and disbursements allowed by law, subject to redemption by the mortgagors, their personal representative or assigns within six (6) months from date of sale.
    TIME AND DATE TO VACATE PROPERTY:  If the real estate is an owner-occupied, single-family dwelling, unless otherwise provided by law, the date on or before which the mortgagor(s) must vacate the property if the mortgage is not reinstated under Section 580.30 or the property is not redeemed under Section 580.23 is 11:59 p.m. on September 21, 2013.
    "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 MINNESOTA STATUTES, SECTION  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."
    THIS COMMUNICATION IS FROM A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT.  ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.  THE RIGHT TO VERIFICATION OF THE DEBT AND IDENTITY OF THE ORIGINAL CREDITOR WITHIN THE TIME PROVIDED BY LAW IS NOT AFFECTED BY THIS ACTION.
    Dated this 16th day of January, 2013.
    Citizens Bank Minnesota, Mortgagee
    /s/ C. Thomas Wilson
    C. Thomas Wilson  #117651
    GISLASON & HUNTER LLP
    Attorneys for Mortgagee
    2700 South Broadway
    P. O. Box 458
    New Ulm, MN  56073-0458
    Phone:  507-354-3111
    Fax:  507-354-8447
    1308333.1
    Published in the St. James Plaindealer Jan. 24 and 31, and February 7, 14, 21 and 28, 2013.
    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
    NOTICE OF MORTGAGE
    FORECLOSURE SALE
    THE RIGHT TO VERIFICATION OF THE DEBT AND IDENTITY OF THE ORIGINAL CREDITOR WITHIN THE TIME PROVIDED BY LAW IS NOT AFFECTED BY THIS ACTION
    NOTICE IS HEREBY GIVEN, that default has occurred in conditions of the following described mortgage:
    DATE OF MORTGAGE: October 28, 2009
    MORTGAGOR:    Theresa A Tabatt-Larson, a married woman.
    MORTGAGEE:    Mortgage Electronic Registration Systems, Inc.
    DATE AND PLACE OF RECORDING: Recorded October 29, 2009 Watonwan County Recorder, Document No. 212461.
    ASSIGNMENTS OF MORTGAGE: Assigned to:  JPMorgan Chase Bank, National Association.  Dated October 25, 2012 Recorded November 21, 2012, as Document No. 219607.                
    Page 5 of 11 - TRANSACTION AGENT:  Mortgage Electronic Registration Systems, Inc.
    TRANSACTION AGENT’S MORTGAGE IDENTIFICATION NUMBER ON MORTGAGE:  100588309100210644
    LENDER OR BROKER AND MORTGAGE ORIGINATOR STATED ON MORTGAGE: Prime Source Funding
    RESIDENTIAL MORTGAGE SERVICER:  JPMorgan Chase Bank, National Association
    MORTGAGED PROPERTY ADDRESS: 606 4th Street South, Saint James, MN 56081
    TAX PARCEL I.D. #:  201004090
    LEGAL DESCRIPTION OF PROPERTY:
    The South 62 1/2 Feet of North 125 Feet of East 150 Feet of Lot 1, Block 46, according to the original plat of the City of St. James, Watonwan County, Minnesota.
    COUNTY IN WHICH PROPERTY IS LOCATED:    Watonwan
    ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $86,700.00
    AMOUNT DUE AND CLAIMED TO BE DUE AS OF DATE OF NOTICE, INCLUDING TAXES, IF ANY, PAID BY MORTGAGEE:    $98,001.89
    That prior to the commencement of this mortgage foreclosure proceeding Mortgagee/Assignee of Mortgagee complied with all notice requirements as required by statute; That no action or proceeding has been instituted at law or otherwise to recover the debt secured by said mortgage, or any part thereof;
    PURSUANT to the power of sale contained in said mortgage, the above described property will be sold by the Sheriff of said county as follows:
    DATE AND TIME OF SALE: March 14, 2013, at 10:00 AM
    PLACE OF SALE: Sheriff's Office, Watonwan County Law Enforcement Center, St. James, MN to pay the debt then secured by said Mortgage, and taxes, if any, on said premises, and the costs and disbursements, including attorneys' fees allowed by law subject to redemption within    six (6) months from the date of said sale by the mortgagor(s), their personal representatives or assigns unless reduced to Five (5) weeks under MN Stat. §580.07.
    TIME AND DATE TO VACATE PROPERTY: If the real estate is an owner-occupied, single-family dwelling, unless otherwise provided by law, the date on or before which the mortgagor(s) must vacate the property if the mortgage is not reinstated under section 580.30 or the property is not redeemed under section 580.23 is 11:59 p.m. on September 16, 2013, unless that date falls on a weekend  or legal holiday, in which case it is the next weekday and unless the redemption period is reduced to 5 weeks under MN Stat. Secs. 580.07 or 582.032.
    MORTGAGOR(S) RELEASED FROM FINANCIAL OBLIGATION ON MORTGAGE: None
    “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 MINNESOTA STATUTES, SECTION 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.”
    Dated: January 10, 2013
    JPMorgan Chase Bank, National Association
    Page 6 of 11 - Mortgagee/Assignee of Mortgagee
    USSET, WEINGARDEN AND LIEBO, P.L.L.P.
    Attorneys for Mortgagee/Assignee of Mortgagee
    4500 Park Glen Road #300
    Minneapolis, MN 55416
    (952) 925-6888
    30 - 12-004585 FC
    THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.
    12-004585 FC
    Watonwan County
    Published in the St. James Plaindealer Jan. 24 and 31, and February 7, 14, 21 and 28, 2013.
    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
    NOTICE OF
    PUBLIC HEARING
    ST. JAMES
    PLANNING
    COMMISSION
    NOTICE IS HEREBY GIVEN, that the St. James Planning Commission will meet on Tuesday, February 26, 2013 at 5:30 p.m. at the St. James City Hall located at 124 Armstrong Boulevard South, St. James, Minnesota, for the following purpose:
    To consider a request for a special use permit from Watonwan County Human Services for property located at 707 4th Street South, St. James Catholic Church Campus, Marian Hall Building, legally described as Lot 3 and space B, according to Hoscheid’s Subdivision plat of the N 1/2 NE1/4 and Government lot 1; also, block 7, except the east 132 feet thereof of Close’s addition to the City of St. James, Watonwan County.  The request is to allow for the operation of a public building serving Human Services in a R-1, one and two family dwelling district, in the Marian Hall building. City ordinance, section 11.20 sudb. 4 permits this use only as a “special use” within a R-1 district.
    All persons are invited to attend the February 26, 2013 Public Hearing and to present their views relating to this request either orally or in writing.
    Dated this 8th Day of February, 2013.
    Molly Westman
    Zoning Administrator
    Published in the St. James Plaindealer Feb. 14, 2013.
    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
    COUNTY LAND
    AUCTION
    SMALL TRACTS
    MARCH 5, 2013
    Watonwan County will be offering two small tracts of land for sale at public auction in the Commissioner’s Room of the County Courthouse, Watonwan County, St. James, Minnesota on March 5, 2013 at 9:15 A.M.
    Parcel 1 Described as follows: The West 493 feet of the South 270 feet in the East One-Half of the Southwest Quarter of Section 14,
    Township 107, Range 31, Watonwan County. Parcel contains 3.05 acres more or less. Minimum Bid: $ 7,500    
    Parcel 2 Described as follows: the North 660 feet of the East 330 feet of the Northeast quarter of the Northeast quarter of Section 35, Township 107, Range 30, Watonwan County. Parcel contains 5.0 acres more or less. Minimum Bid: $ 5,000
    Terms are cash, payable at time of sale. Purchaser to pay applicable recording fees and deed tax.  
    The Watonwan County Board reserves the right to reject and all bids and waives any irregularities.
    For further information, call Watonwan County Auditor Donald Kuhlman at (507)375-2500.
    Page 7 of 11 - By Order of the
    Watonwan County Board
    Published in the St. James Plaindealer Feb. 14 and 21, 2013.
    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
    PROBATE FIFTH JUDICIAL DISTRICT
    DISTRICT COURT PROBATE DIVISION
    Court File No. PR-13-70
    STATE OF MINNESOTA
    COUNTY OF WATONWAN
    In Re: Estate of
    Melroy Cole, Decedent
    NOTICE AND ORDER OF HEARING ON PETITION FOR PROBATE OF WILL AND APPOINTMENT OF PERSONAL REPRESENTATIVE AND NOTICE TO CREDITORS
     
    It is Ordered and Notice is given, that on March 6, 2013, at 11:15 a.m., a hearing will be held in this Court at 710 2nd Avenue South, St. James, Minnesota, for the formal probate of an instrument purporting to be the Will of the Decedent dated, October 2, 2008, (“Will”), and for the appointment of Kenneth Cole and Karen Helvig, whose addresses are 444 Overlook Drive, Bailey, CO, 80421; and 1480 200th Street, Truman, MN, 56088, respectively, as Personal Representatives 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 Representatives 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; 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 Representatives or to the Court Administrator within four (4) months after the date of this Notice or the claims will be barred.
    Dated: January 30, 2012
    BY THE COURT
    Greg Anderson
    Judge of District Court
    (COURT SEAL)
    Greg Anderson
    Dated: January 30, 3013
    Kelly Iverson
    Court Administrator
    Deputy
    Attorney for Petitioner
    Jan M. Zender
    Sunde, Olson, Kircher and Zender, P.L.C.
    108 Armstrong Blvd. South
    P.O. Box 506
    St. James, MN 56081
    Attorney License No.: 169493
    Telephone: (507) 375-3352
    FAX: (507) 375-4483
    E-mail: jzender@cccinternet.net
    Published in the St. James Plaindealer Feb. 7 and 14, 2013.
    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
    CONDEMNATION STATE OF MINNESOTA COUNTY OF WATONWAN IN DISTRICT COURT FIFTH JUDICIAL DISTRICT
    Court File: 83-CV-12-688
    State of Minnesota, by its Commissioner of Transportation, Petitioner,
    vs.
    Donovan Sargent Corliss, 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 18, 2013, at 10:30 o’clock AM., or as soon thereafter as counsel can be heard, before Judge Gregory J. Anderson, in the Main Courtroom, at the Courthouse at St. James, Watonwan 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.
    Page 8 of 11 - 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 22, 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 APRIL 22, 2013. All advertising signs or devices located on the property being acquired must be removed by April 22, 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: Jan. 7, 2013
    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 WATONWAN
    FIFTH JUDICIAL DISTRICT
    - - - - - - - - - - -
    State of Minnesota, by its Commissioner of Transportation, Petitioner,
    vs.
    Donovan Sargent Corliss, also known as Donovan S. Corliss, Adelaide B. Corliss, also known as Adlaide B. Corliss, County of Watonwan, Union Pacific Railroad Company, successor in interest to the Chicago and North Western Transportation Company, JPMorgan Chase Bank, National Association, successor in interest by corporate merger, consolidation, amendment, or conversion to Chemical Bank, Joseph Lunz, Saint James Federal Savings & Loan Association, Kathy Finnegan, 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 60, being Route numbered 16, has been located according to law and passes over the lands herein described.
    Page 9 of 11 - That it is duly covered by Right of Way Plat Orders numbered 92992, 92994 and 92996.
    II.
    That the Commissioner of Transportation deems it necessary that the State of Minnesota for trunk highway purposes obtain the lands herein described in fee simple absolute, and, as to Parcel 200, an easement in the lands herein described, together with the following rights:  to acquire all trees, shrubs, grass and herbage within the right of way herein to be taken, and to keep and have the exclusive control of the same; to acquire from the owners whose lands front thereon any existing right of access to said highway in those cases which are herein particularly mentioned; 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 Watonwan 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 34 C.S.
    8308 (60=16) 901
    S.P. 8308-44
    All of the following:
    That part of the Southeast Quarter of the Southwest Quarter of Section 24, Township 106 North, Range 33 West, shown as Parcel 34 on Minnesota Department of Transportation Right of Way Plat Numbered 83-31 as the same is on file and of record in the office of the County Recorder in and for Watonwan County, Minnesota;
    containing 0.38 acre, more or less.
    Names of parties interested in the above described land and nature of interest:
    Donovan Sargent Corliss,
    also known as
    Donovan S. Corliss
    Fee
    Adelaide B. Corliss,
    also known as
    Adlaide B. Corliss
    Spouse
    County of Watonwan
    Page 10 of 11 - Taxes
    EASEMENT ACQUISITION
    Parcel 200  C.S. 8308 (60=16) 901
    S.P. 8308-44
    All of the following:
    That part of the North Half of the Southeast Quarter of Section 27,  Township 106 North, Range 33 West, shown as Parcel 200 on Minnesota Department of Transportation Right of Way Plat Numbered 83-29 as the same is on file and of record in the office of the County Recorder in and for Watonwan County, Minnesota;
    containing 0.30 acre, more or less.
    Names of parties interested in the above described land and nature of interest:
    Union Pacific Railroad
    Company, successor in
    interest to the Chicago and
    North Western
    Transportation Company
    Fee
    JPMorgan Chase Bank,
    National Association,
    successor in interest by
    corporate merger,
    consolidation, amendment,
    or conversion to
    Chemical Bank
    Mortgage
    County of Watonwan
    Taxes
    FEE ACQUISITION
    Parcel 9  C.S. 8308 (60=16) 902
    S.P. 8308-44
    All of the following:
    That part of the North Half of the Northeast Quarter of Section 29, Township 106 North, Range 32 West, shown as Parcel 9 on Minnesota Department of Transportation Right of Way  Plat Numbered 83-33 as the same is on file and of record in the office of the County Recorder in and for Watonwan County, Minnesota;
    containing 13.19 acres, more or less, of which 7.39 acres is encumbered by an existing highway easement and 0.15 acre is encumbered by an existing road easement;
    together with other rights as set forth below, forming and being part of said Parcel 9:
    Access:
    All right of access as shown on said  plat by the access control symbol.
    Temporary Easement:
    A temporary easement for highway purposes as shown on said plat as to said Parcel 9 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:
    Joseph Lunz
    Fee
    Saint James Federal
    Savings & Loan
    Association
    Mortgage
    Kathy Finnegan
    Lien
    County of Watonwan
    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: Dec. 14, 2012        
    Respectfully submitted,
    OFFICE OF THE ATTORNEY GENERAL
    State of Minnesota
    Page 11 of 11 -         
    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
    100440
    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: Dec. 14, 2012        
    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
    Published in the St. James Plaindealer Jan. 31, Feb. 7 and 14, 2013.
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