Sections

Weather Forecast

Close

State of MN vs Steven Radke in Condemnation

Monday, October 2, 2017 - 11:20pm

CONDEMNATION
STATE OF MINNESOTA
COUNTY OF WASHINGTON
IN DISTRICT COURT
TENTH JUDICIAL DISTRICT
Court File No. 82-CV-17-3676
State of Minnesota, by its Commissioner of Transportation, Petitioner,
vs.
Steven Radke, 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 November 3, 2017, at 8:30 o’clock AM., or as soon thereafter as counsel can be heard, before Judge Gregory Galler, 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 7, 2017.
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 7, 2017. All advertising signs or devices located on the property being acquired must be removed by December 7, 2017.
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: 9/5/17OFFICE OF THE
ATTORNEY GENERAL
State of Minnesota
/s/ Jeffery S. Thompson
JEFFERY S. THOMPSON
Assistant Attorney General
Atty. Reg. No. 027107X
445 Minnesota Street, Suite 1800
St. Paul, MN 55101-2134
(651) 757-1312 (Voice)
(651) 282-2525(TTY)jeffery.thompson@ag.state.mn.us
ATTORNEY FOR PETITIONER
CONDEMNATION
STATE OF MINNESOTACOUNTY OF WASHINGTON
IN DISTRICT COURT
TENTH JUDICIAL DISTRICT
State of Minnesota, by its Commissioner of Transportation, Petitioner,
vs.
Steven Radke, Theresa R. Radke, AgStar Financial Services, FLCA, City of Cottage Grove, State of Minnesota Department of Agriculture, County of Washington, Neal C. Johnson, North American Banking Company, Kevin M. Bauer, Joyce M. Bauer, Kevin J. Murphy and Sara J. Murphy, as trustees of The Murphy Family Revocable Living Trust, Rygh-Woodbury LLP, Secure Properties, Inc., Rygh, LLC, Steve Biscoe, Kenneth R. Murphy, Gloria A. Murphy, Charles A. Blossom, Judy E. Kashmark Blossom, Anchor Bank, National Association, successor in interest by corporate merger, consolidation, amendment, or conversion to Anchor Bank Heritage, National Association, Lana M. Meyer, U.S. Bank National Association, successor in interest by corporate merger, consolidation, amendment, or conversion to U.S. Bank National Association ND, Meyer Sewer Service, Inc., Christopher J. Wagner, Christina A. Wagner, Perry G. Hillyer, Jill S. Hillyer, Lake Elmo Bank, Steven D. Geis, Kathleen M. Geis, 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 95, which has been renumbered 95, 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 95658, 95659, 95660, 955661, 95662 and 95663.
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 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 5 C.S. 8208 (95=95) 901
S.P. 8208-38RW
All of the following:
That part of the Northeast Quarter of the Southeast Quarter and the Southeast Quarter of the Northeast Quarter of Section 1, Township 27 North, Range 21 West, shown as Parcel 5 on Minnesota Department of Transportation Right of Way Plats Numbered 82-138 and 82-139 as the same are on file and of record in the office of the County Recorder in and for Washington County, Minnesota;
containing 119626 square feet, more or less, of which 43141 square feet is encumbered by an existing highway easement;
together with other rights as set forth below, forming and being part of said Parcel 5:
Temporary Easement:
A temporary easement for highway purposes as shown on said plats as to said Parcel 5 by the temporary easement symbol, said easement shall cease on December 1, 2019, 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:
Steven Radke, Fee
Theresa R. Radke, Spouse
AgStar Financial Services, FLCA
Mortgage
City of Cottage Grove, Claimant
of an Interest
State of Minnesota Department
of Agriculture
County of Washington, Taxes
FEE ACQUISITION
Parcel 10 C.S. 8208 (95=95) 901
S.P. 8208-38RW
All of the following:
That part of the Northwest Quarter of the Northwest Quarter of Section 6, Township 27 North, Range 20 West, shown as Parcel 10 on Minnesota Department of Transportation Right of Way Plat Numbered 82-139 as the same is on file and of record in the office of the County Recorder in and for Washington County, Minnesota;
containing 84328 square feet, more or less, of which 39907 square feet is encumbered by an existing highway easement;
together with other rights as set forth below, forming and being part of said Parcel 10:
Temporary Easement:
A temporary easement for highway purposes as shown on said plat as to said Parcel 10 by the temporary easement symbol, said easement shall cease on December 1, 2019, 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:
Neal C. Johnson, Fee
North American Banking Company
Mortgage
County of Washington, Taxes
FEE ACQUISITION
Parcel 12 C.S. 8208 (95=95) 901
S.P. 8208-38RW
All of the following:
That part of the Southwest Quarter of the Southwest Quarter of Section 31 Township 28 North, Range 20 West, shown as Parcel 12 on Minnesota Department of Transportation Right of Way Plat Numbered 82-140 as the same is on file and of record in the office of the County Recorder in and for Washington County, Minnesota;
containing 24306 square feet, more or less, of which 9466 square feet is encumbered by an existing highway easement;
together with other rights as set forth below, forming and being part of said Parcel 12:
Temporary Easement:
A temporary easement for highway purposes as shown on said plat as to said Parcel 12 by the temporary easement symbol, said easement shall cease on December 1, 2019, 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:
Kevin M. Bauer, fee
Joyce M. Bauer
County of Washington, Taxes
FEE ACQUISITION
Parcel 14 C.S. 8208 (95=95) 901
S.P. 8208-38RW
All of the following:
That part of the West Half of the Southwest Quarter of Section 31, Township 28 North, Range 20 West, shown as Parcel 14 on Minnesota Department of Transportation Right of Way Plat Numbered 82-140 as the same is on file and of record in the office of the County Recorder in and for Washington County, Minnesota;
containing 115021 square feet, more or less, of which 68309 square feet is encumbered by an existing highway easement;
together with other rights as set forth below, forming and being part of said Parcel 14:
Temporary Easement:
A temporary easement for highway purposes as shown on said plat as to said Parcel 14 by the temporary easement symbol, said easement shall cease on December 1, 2019, 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:
Kevin J. Murphy and Sara J. Murphy, as trustees of The Murphy Family Revocable Living Trust, Fee
AgStar Financial Services, FLCA
Mortgage
County of Washington, Taxes
FEE ACQUISITION
Parcel 15 C.S. 8208 (95=95) 901
S.P. 8208-38RW
All of the following:
That part of the East Half of the Northeast Quarter of Section 36, Township 28 North, Range 21 West, shown as Parcel 15 on Minnesota Department of Transportation Right of Way Plat Numbered 82-141 as the same is on file and of record in the office of the County Recorder in and for Washington County, Minnesota;
containing 102837 square feet, more or less, of which 56503 square feet is encumbered by an existing highway easement;
together with other rights as set forth below, forming and being part of said Parcel 15:
Temporary Easement:
A temporary easement for highway purposes as shown on said plat as to said Parcel 15 by the temporary easement symbol, said easement shall cease on December 1, 2019, 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:
Rygh-Woodbury LLP, Contract
for Deed
Secure Properties, Inc., Fee
Rygh, LLC, Mortgage
Steve Biscoe, Lessee
County of Washington, Taxes
FEE ACQUISITION
Parcel 16 C.S. 8208 (95=95) 901
S.P. 8208-38RW
All of the following:
That part of the Northwest Quarter of the Southwest Quarter of Section 31, Township 28 North, Range 20 West, shown as Parcel 16 on Minnesota Department of Transportation Right of Way Plat Numbered 82-140 as the same is on file and of record in the office of the County Recorder in and for Washington County, Minnesota;
containing 11132 square feet, more or less, of which 6376 square feet is encumbered by an existing highway easement;
together with other rights as set forth below, forming and being part of said Parcel 16:
Temporary Easement:
A temporary easement for highway purposes as shown on said plat as to said Parcel 16 by the temporary easement symbol, said easement shall cease on December 1, 2019, 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:
Kenneth R. Murphy, Fee
Gloria A. Murphy
County of Washington, Taxes
FEE ACQUISITION
Parcel 17 C.S. 8208 (95=95) 901
S.P. 8208-38RW
All of the following:
That part of Lot 1, Block 1, MANNING MEADOWS, shown as Parcel 17 on Minnesota Department of Transportation Right of Way Plat Numbered 82-142 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 17:
Temporary Easement:
A temporary easement for highway purposes as shown on said plat as to said Parcel 17 by the temporary easement symbol, said easement shall cease on December 1, 2019, 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:
Charles A. Blossom, Fee
Judy E. Kashmark Blossom, Spouse
Anchor Bank, National Association, successor in interest by corporate merger, consolidation, amendment, or conversion to Anchor Bank Heritage, National Association, Mortgage
County of Washington, Taxes
and Special Assessments
FEE ACQUISITION
Parcel 20 C.S. 8208 (95=95) 901
S.P. 8208-38RW
All of the following:
That part of the West Half of the Northwest Quarter of Section 31, Township 28 North, Range 20 West, shown as Parcel 20 on Minnesota Department of Transportation Right of Way Plat Numbered 82-141 as the same is on file and of record in the office of the County Recorder in and for Washington County, Minnesota;
containing 92318 square feet, more or less, of which 48034 square feet is encumbered by an existing highway easement;
together with other rights as set forth below, forming and being part of said Parcel 20:
Temporary Easement:
A temporary easement for highway purposes as shown on said plat as to said Parcel 20 by the temporary easement symbol, said easement shall cease on December 1, 2019, 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:
Lana M. Meyer, Fee
U.S. Bank National Association, successor in interest by corporate merger, consolidation, amendment, or conversion to U.S. Bank National Association ND, Mortgage
Meyer Sewer Service, Inc., Lessee
Christopher J. Wagner, Lessee
Christina A. Wagner
County of Washington, Taxes
FEE ACQUISITION
Parcel 23 C.S. 8208 (95=95) 901
S.P. 8208-38RW
All of the following:
That part of the Northeast Quarter of the Southeast Quarter of Section 25, Township 28 North, Range 21 West, shown as Parcel 23 on Minnesota Department of Transportation Right of Way Plat Numbered 82-142 as the same is on file and of record in the office of the County Recorder in and for Washington County, Minnesota;
containing 64876 square feet, more or less, of which 36618 square feet is encumbered by an existing highway easement;
together with other rights as set forth below, forming and being part of said Parcel 23:
Temporary Easement:
A temporary easement for highway purposes as shown on said plat as to said Parcel 23 by the temporary easement symbol, said easement shall cease on December 1, 2019, 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:
Perry G. Hillyer, Fee
Jill S. Hillyer, Spouse
Lake Elmo Bank, Mortgage
County of Washington, Taxes and
Special Assessments
FEE ACQUISITION
Parcel 25 C.S. 8208 (95=95) 901
S.P. 8208-38RW
All of the following:
That part of the Southeast Quarter of the Northeast Quarter of Section 25, Township 28 North, Range 21 West, shown as Parcel 25 on Minnesota Department of Transportation Right of Way Plat Numbered 82-143 as the same is on file and of record in the office of the County Recorder in and for Washington County, Minnesota;
containing 50710 square feet, more or less, of which 27729 square feet is encumbered by an existing highway easement;
together with other rights as set forth below, forming and being part of said Parcel 25:
Temporary Easement:
A temporary easement for highway purposes as shown on said plat as to said Parcel 25 by the temporary easement symbol, said easement shall cease on December 1, 2019, 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:
Steven D. Geis, Fee
Kathleen M. Geis
County of Washington, Taxes and
Special Assessments
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 22, 2017Respectfully submitted,
OFFICE OF THE
ATTORNEY GENERAL
State of Minnesota
/s/ Jeffery S. Thompson
JEFFERY S. THOMPSON
Assistant Attorney General
Atty. Reg. No. 027107X
445 Minnesota Street,
Suite 1800
St. Paul, MN 55101-2134
651-757-1312 (Voice)
(651) 282-2525 (TTY)
jeffery.thompson@ag.state.mn.usATTORNEY 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: August 22, 2017OFFICE OF THE
ATTORNEY GENERAL
State of Minnesota
/s/ Jeffery S. Thompson
JEFFERY S. THOMPSON
Assistant Attorney General
Atty. Reg. No. 027107X
445 Minnesota Street,
Suite 1800
St. Paul, MN 55101-2134
651-757-1312 (Voice)
(651) 282-2525 (TTY)
jeffery.thompson@ag.state.mn.usATTORNEY FOR PETITIONER
09/20/2017-10/04/2017


randomness