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STATE OF MINNESOTA
COUNTY OF WATONWAN
IN DISTRICT COURT FIFTH JUDICIAL DISTRICT
(14. Other Civil)
Court File: 83-CV-11-732
Assigned to Judge Anderson
AMENDED ORDER
City of Butterfield, a Municipal corporation,
Plaintiff,
vs.
Martha Wollschlager, Cheryl Gohr and John Doe and Jane Roe, and any other individuals or entities that may claim any ownership interest or lien on the property described herein,
Defendants.
TO: DEFENDANTS ABOVE-NAMED
Pursuant to Minnesota Statutes Section 463.17 and Resolution numbered 09012011-3, a copy of which is hereto attached, you are hereby ordered to comply with the terms and conditions of said Resolution by removing the building located on the real estate described in said Resolution within thirty (30) days of the date of this Order.
If you do not take this action as stated herein, Plaintiff, City of Butterfield, shall make a Motion to the above-named Court for summary enforcement of this Order unless an answer is filed within the time specified in Minnesota Statutes Section 463.17.
Dated this 20th day of October, 2011.
CITY OF BUTTERFIELD
Larry Simenson, Mayor
RESOLUTION NO. 09012011-3
RESOLUTION FOR THE REMOVAL 0F A HAZARDOUS BUILDING AT BLOCK 7, LOTS 1 AND 2, LESS THE EAST 65 FEET THEREOF, BLOCK 7 TO THE VILLAGE OF BUTTERFIELD, WATONWAN COUNTY, MINNESOTA
WHEREAS, there is a building located on the following described property within the corporate limits of the City of Butterfield, County of Watonwan, State of Minnesota, described as follows, to-wit:
Block Seven (7), Lots One
(1) and Two (2), less the
East 65 feet thereof, Block
Seven (7), City of
Butterfield, Watonwan
County, Minnesota.
WHEREAS, said building(s) has deteriorated to a hazardous condition and is beyond the point of repair constituting a hazard to the public health and safety so that said building(s) must be removed or razed to abate the existing hazard.
NOW, THEREFORE, be it resolved by the City Council of the City of Butterfield, Watonwan County, Minnesota, that the building(s) located on the above-described premises is a hazard to the public health and safety and it is hereby ordered that said building be razed and removed. The owner of said building(s) shall remove said building(s) from the premises within thirty (30) days or the City Attorney is authorized to commence a proceeding in District Court for the authority of the City of Butterfield to raze and remove said building(s) in accordance with the provisions of Minnesota Statutes, Chapter 463.
Adopted by the City Council of the City of Butterfield, Minnesota, this 1st day of August, 2011.
STATE OF MINNESOTA
COUNTY OF WATONWAN
IN DISTRICT COURT FIFTH JUDICIAL DISTRICT
(14. Other Civil)
Court File: 83-CV-11-732
Assigned to Judge Anderson
AMENDED ORDER
City of Butterfield, a Municipal corporation,
Plaintiff,
vs.
Martha Wollschlager, Cheryl Gohr and John Doe and Jane Roe, and any other individuals or entities that may claim any ownership interest or lien on the property described herein,
Defendants.
TO: DEFENDANTS ABOVE-NAMED
Pursuant to Minnesota Statutes Section 463.17 and Resolution numbered 09012011-3, a copy of which is hereto attached, you are hereby ordered to comply with the terms and conditions of said Resolution by removing the building located on the real estate described in said Resolution within thirty (30) days of the date of this Order.
If you do not take this action as stated herein, Plaintiff, City of Butterfield, shall make a Motion to the above-named Court for summary enforcement of this Order unless an answer is filed within the time specified in Minnesota Statutes Section 463.17.
Dated this 20th day of October, 2011.
CITY OF BUTTERFIELD
Larry Simenson, Mayor
RESOLUTION NO. 09012011-3
RESOLUTION FOR THE REMOVAL 0F A HAZARDOUS BUILDING AT BLOCK 7, LOTS 1 AND 2, LESS THE EAST 65 FEET THEREOF, BLOCK 7 TO THE VILLAGE OF BUTTERFIELD, WATONWAN COUNTY, MINNESOTA
WHEREAS, there is a building located on the following described property within the corporate limits of the City of Butterfield, County of Watonwan, State of Minnesota, described as follows, to-wit:
Block Seven (7), Lots One
(1) and Two (2), less the
East 65 feet thereof, Block
Seven (7), City of
Butterfield, Watonwan
County, Minnesota.
WHEREAS, said building(s) has deteriorated to a hazardous condition and is beyond the point of repair constituting a hazard to the public health and safety so that said building(s) must be removed or razed to abate the existing hazard.
NOW, THEREFORE, be it resolved by the City Council of the City of Butterfield, Watonwan County, Minnesota, that the building(s) located on the above-described premises is a hazard to the public health and safety and it is hereby ordered that said building be razed and removed. The owner of said building(s) shall remove said building(s) from the premises within thirty (30) days or the City Attorney is authorized to commence a proceeding in District Court for the authority of the City of Butterfield to raze and remove said building(s) in accordance with the provisions of Minnesota Statutes, Chapter 463.
Adopted by the City Council of the City of Butterfield, Minnesota, this 1st day of August, 2011.
Larry Simenson, Mayor
Attest:
Leslie Heffele, City Clerk
(January 05, 12, 19, 2012)
STATE OF MINNESOTA
COUNTY OF WATONWAN
IN DISTRICT COURT FIFTH JUDICIAL DISTRICT
(14. Other Civil)
Court File: 83-CV-11-732
Assigned to Judge Anderson
SUMMONS
City of Butterfield, a Municipal corporation,
Plaintiff,
vs.
Martha Wollschlager, Cheryl Gohr and John Doe and Jane Roe, and any other individuals or entities that may claim any ownership interest or lien on the property described herein,
Defendants.
THIS SUMMONS IS DIREC TED TO DEFENDANTS.
1. YOU ARE BEING SUED. The Plaintiff has started a lawsuit against you. The Plaintiff’s Complaint against you is attached to this summons. Do not throw these papers away. They are official papers that affect your rights. You must respond to this lawsuit even though it may not yet be filed with the Court and there may be no court file number on this summons.
2. YOU MUST REPLY WITHIN 20 DAYS TO PROTECT YOUR RIGHTS. You must give or mail to the person who signed this summons a written response called an Answer within 20 days of the date on which you received this Summons. You must send a copy of your Answer to the person who signed this summons located at:
Steven R. Sunde
Attorney at Law
108 Armstrong Blvd. South
P.O. Box 506
St. James, MN 56081
3. YOU MUST RESPOND TO EACH CLAIM. The Answer is your written response to the Plaintiff’s Complaint. In your Answer you must state whether you agree or disagree with each paragraph of the Complaint. If you believe the Plaintiff should not be given everything asked for in the Complaint, you must say so in your Answer.
4. YOU WILL LOSE YOUR CASE IF YOU DO NOT SEND A WRITTEN RESPONSE TO THE COMPLAINT TO THE PERSON WHO SIGNED THIS SUMMONS. If you do not Answer within 20 days, you will lose this case. You will not get to tell your side of the story, and the Court may decide against you and award the Plaintiff everything asked for in complaint. If you do not want to contest the claims stated in the complaint, you do not need to respond. A default judgment can then be entered against you for the relief requested in the complaint.
5. LEGAL ASSISTANCE. You may wish to get legal help from a lawyer. If you do not have a lawyer, the Court Administrator may have information about places where you can get legal assistance. Even if you cannot get legal help, you must still provide a written Answer to protect your rights or you may lose the case.
6. ALTERNATIVE DISPUTE RESOLUTION. The parties may agree to or be ordered to participate in an alternative dispute resolution process under Rule 114 of the Minnesota General Rules of Practice. You must still send your written response to the Complaint even if you expect to use alternative means of resolving this dispute.
7. To be included only if this lawsuit affects title to real property:
THIS LAWSUIT MAY AFFECT OR BRING INTO QUESTION TITLE TO REAL PROPERTY located in Watonwan County, State of Minnesota, legally described as follows:
Lots One (1) and Two (2),
less the East 65 feet there
of, Block Seven (7), City
of Butterfield, Watonwan
County, Minnesota.
The object of this action is condemnation
Dated: 10-26-2011
Steven R. Sunde
SUNDE, OLSON, KIRCHER AND ZENDER
Attorneys at Law
108 Armstrong Blvd. South
P.O. Box 506
St. James, MN 56091
(507) 375-3352
(January 05, 12, 19, 2012)
NOTICE OF ANNUAL MEETING OF MEMBERS OF ST. JAMES FEDERAL
SAVINGS AND LOAN ASSOCIATION
ST. JAMES, MINNESOTA
Notice is hereby given that the annual meeting of the members of St. James Federal Savings and Loan Association will be held at the home office of the Association, 501 First Avenue South, St. James, Minnesota, on the 18th day of January, 2012, at the hour of 10:00 a.m. of said day. The business to be taken up at the annual meeting shall be:
1. Considering and voting upon the reports of the officers, directors and committees of the Association.
2. Considering and voting upon the ratification of the acts of the directors and officers of the Association.
3. Election of directors to fill the offices the terms of which are expiring with this meeting.
4. No other business except as required by law or regulation.
BY ORDER OF THE BOARD OF DIRECTORS.
Dated at St. James, Minnesota, December 31, 2011
Timothy J. Peterson
President/CEO
St. James Federal Savings and Loan Association
St. James, Minnesota
(January 05, 12, 2012)
ADVERTISEMENT
FOR BIDS
CITY OF ST. JAMES
Sealed bids for the construction of the Electrical Department Storage Building, City of St. James Project No. 1126.1 will be received by the City of St. James, 120 Armstrong Blvd. South, St. James, MN 56081, by mail or personal delivery until 10:00 a.m., January 25, 2012, at which time they will be opened and read aloud.
Electronic copies of the Bidding Documents and a list of plan holders are available from Paulsen Architects at http://www.paulsenarchitects.com. Click on the Contractors Area icon in the lower right Corner and projects that are available for bid are listed on the left hand side of the screen. There is a fee of $20 to download bidding documents.
Contact:
Shane Jandro
Paulsen Architects
507-388-9811
Dated: January 02, 2012
Joe McCabe, City Manager
(January 05, 12,19, 2012)
NOTICE OF MORTGAGE FORECLOSURE SALE
Minn. Stat. 580.025, 580.04
Dated: December 29, 2011
YOU ARE NOTIFIED that default has occurred in the conditions of the folowing described Mortgage:
DATE OF MORTGAGE: March 31, 2010
MORTGAGORS: Cortney A. Fast and Derek R. Fast
MORTGAGEES: Habitat for Humanity South Central Minnesota.
DATE AND PLACE OF RECORDING: Recorded on April 8, 2010 as Document Number 213372 in the Office of the County Recoder.
ASSIGNMENTS OF MORTGAGE: None.
TAX PARCEL NO.: 201002770
LEGAL DESCRIPTION OF PROPERTY: North 90 feet of Lot One (1) and North 90 feet of East 18.5 feet of Lot Two (2), Block Twenty-eight (28), City of St. James, Watonwan County, Minnesota.
PHYSICAL ADDRESS OF PROPERTY: 202 5th Street S., St. James, Minnesota 56081.
The person holding the Mortgage: Is not a transaction agent, as difined by Minn. Stat. 58.02, subd 30. The name(s) of the rsidential mortgage servicer and the lender or broker, as defined by Minn. Stat. 58.02, is/are Habitat for Humanity South Central Minnesota.
If stated on the Mortgage, the name of the mortgage originator, as defined in Minn. Stat. 58.02, is Habitat for Humanity South Central Minnesota.
INFORMATION REGARDING FORECLOSURE
The requisites of Minn. Stat. 580.02 have been satisfied.
The original principal amount secured by the Mortgage was: $86,033.96.
At the date of this notice the amount due on the Mortgage, including taxes, if any, paid by the holder of the Mortgage is : $3,517.00.
Persuant to the power of sale in the Mortgage, the Mortgage will be foreclosed, and the mortgaged premises will be sold by the Sheriff of Watonwan County, Minnesota, at public auction on February 9, 2012, 10:00 a.m./, at the lobby of the Watonwan county Sheriff’s Office, 715 third Avenue South, St. James, MN 56081.
The time allowed by law for redemption by Mortgagor or Mortgagor’s personal representatives or assigns in six (6) months after the date of sale.
Minn. Stat. 580.04(b) provides, “If the real estate is an owner-occupied, single-family dwelling, the notice must also specify the date on or before which the mortgagor must vacate the property if the mortgage is not reinsted under section 580.30 or the property redeemed under section 580.23.” If this statute applies, the time to vacate the property is 11:59 p.m. on August 9, 2011.
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.
Name of Mortgagee or Mortgage Assignee: Habitat for Humanity South Central Minnesota.
Name and address of Attorney for Mortgagee or Mortgage Assignee:
Steven H. Fink #175328
Farrish Johnson Law Office, Chtd.
1907 Excell Drive
Mankato, MN 56001
Phone: (507) 625-2525
(January 12, 19, 26, February 02, 09, 16, 2012)
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 the conditions of the following described mortgage:
DATE OF MORTGAGE: 11/23/2004
Mortgagor(S): Robert W. Altenburg and Angela Altenburg, husband and wife.
MORTGAGEE: Mortgage Electronic Registration Systems, Inc. as nominee for DANA Capital Group, Inc.
SERVICER: Bank of America, N.A.
MORTGAGE ID#: 100052550037879664
DATE AND PLACE OF RECORDING: Recorded January 05, 2005, Watonwan County Recorder, Document No. 199242.
ASSIGNMENTS OF MORTGAGE: Assigned to: Bank of America, National Association as successor by merger BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP Dated: August 26, 2011, Recorded September 06, 2011, Watonwan County Recorder, Document No. 216705.
LEGAL DESCRIPTION OF PROPERTY: Lot 1 and that part of Lot 7 of Bolton and Menk Subdivision in Government Lot 5 and drained Law Lake, in Section 13, Township 107 North, Range 30 West, Watonwan County Minnesota, described as follows:
Beginning at the Center of said Section 13; thence on an assumed bearing of South 57 degrees 40 minutes East, along the Northeasterly line of said Bolton and Menk Subdivision, according to the recorded plat thereof, a distance of 301.00 feet; thence South 4 degrees 50 minutes East, along the east line of said plat, a distance of 388.43 feet, more or less, to the northerly right of way line of Minnesota Trunk Highway No. 60; thence South 56 degrees 53 minutes West, along said northerly right of way line a distance of 147.00 feet to a survey monument; thence North 66 degrees 40 minutes 16 seconds West a distance of 374.85 feet to an iron monument; thence continuing North 66 degrees 40 minutes 16 seconds West a distance of 139.16 feet, more or less, to the West line of Lot 7 as platted in said Bolton and Menk Subdivision; thence North 5 degrees 28 minutes 12 seconds West, along said west line, a distance of 84.98 feet, more or less, to the most westerly corner of said Lot 7; thence northeasterly, along the westerly line of said Lot 7, a distance of 114.57 feet, more or less to the southwest corner of Lot 1, as platted in said Bolton And Menk Subdivision; thence continuing Northerly, along the Westerly line of said Lot 1, a distance of 230.28 feet, more or less, to the Northwest corner of said Lot 1; thence North 90 degrees 00 minutes East, along the east-west quarter line of said Section 13, a distance of 259.76 feet, more or less, to the point of beginning, containing 6.48 acres, more or less, subject to easements now of record in said county and state.
REGISTERED PROPERTY: No
TAX PARCEL NO.: R-06.013.0910
ADDRESS OF PROPERTY:
84576 285th Lane
Madelia, MN 56062
COUNTY IN WHICH PROPERTY IS LOCATED: Watonwan
ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $145,500.00
AMOUNT DUE AND CLAIMED TO BE DUE AS OF DATE OF NOTICE, INCLUDING TAXES, IF ANY, PAID BY MORTGAGEE: $105,145.64
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: Thursday, March 01, 2012, 10:00 a.m.
PLACE OF SALE: Sheriff’s Office, City of St. James
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 6 months from the date of said sale by the mortgagor(s), their personal representatives or assigns.
DATE TO VACATE PROPERTY: The date on or before which the mortgagor must vacate the property if the mortgage is not reinstated under Minnesota Statutes section 580.30 or the property redeemed under Minnesota Statutes section 580.23 is 09/01/2012 at 11:59 p.m. If the foregoing date is a Saturday, Sunday or legal holiday, then the date to vacate is the next business day at 11:59 p.m.
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: December 30, 2011
Bank of America, National Association as successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP Assignee of Mortgagee
Peterson, Fram & Bergman, P.A.
By: Steven H. Bruns
Attorneys for:
Bank of America, National Association as successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP
Assignee of Mortgagee
55 E. 5th St., Suite 800
St. Paul, MN 55101
(651) 209-7599
THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.
16751-114346
(January 12, 19, 26, February 02, 09, 16, 2012)
NOTICE OF PUBLIC HEARING
ST. JAMES PLANNING COMMISSION
NOTICE IS HEREBY GIVEN, that the St. James Planning Commission will meet on Tuesday, January 24, 2012 at 5:30 p.m. at St. James City Hall located at 124 Armstrong Boulevard South, St. James, Minnesota to hold a public hearing to consider a special use permit from Jason Kaehler for property owned by Dale and Bette Johnson located at 1305 7th Avenue South, St. James, legally described as Bertholet subdivision, government lot 12-13, the E86’ of the W244.75’ in lot 16, in the city of St. James, Watonwan County, Minnesota. The special use permit request is to operate a retail automobile and repairable sales business in an I-2 zoning designation – 11.41 subd. 4.
All persons are invited to attend the January 24, 2012 public hearing and to present their views relating to this request either orally or in writing.
Dated this 9th day of January, 2012
Molly Westman
Zoning Administrator
(January 12, 2012)
