Details for CONDEMNATION STATE OF MINNESOTA COUNTY

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CONDEMNATION STATE OF MINNESOTA COUNTY OF ITASCA IN DISTRICT COURT NINTH JUDICIAL DISTRICT COURT FILE NO. 31-CV-23-89 State of Minnesota, by its Commissioner of Transportation, Petitioner, vs. Gregory Powell 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 April 24, 2023, at 10:30 am., or as soon thereafter as counsel can be heard, before Judge Sarah McBroom, via remote hearing, from the Courthouse at Grand Rapids, Itasca 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. This hearing will not be in person at the courthouse. Instructions for attending the remote hearing may be obtained from Itasca County Court Administration. 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 May 29, 2023. YOU, AND EACH OF YOU, ARE FURTHER NOTIFIED, that all persons occupying the property described in the petition must VACATE THE AREA BEING ACQUIRED AND MOVE ALL OF YOUR PERSONAL PROPERTY FROM THE AREA BEING ACQUIRED ON OR BEFORE MAY 29, 2023. All advertising signs or devices located on the property being acquired must be removed by May 29, 2023. 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: January 17, 2023 KEITH ELLISON Attorney General State of Minnesota s/Andrew D. Gross ANDREW D. GROSS Assistant Attorney General Atty. Reg. No. 0395389 445 Minnesota Street, Suite 1800 St. Paul, Minnesota 55101-2134 (651) 757-1039 (Voice) (651) 297-4077 (Fax) andrew.gross@ag.state.mn.us CONDEMNATION STATE OF MINNESOTA COUNTY OF ITASCA IN DISTRICT COURT NINTH JUDICIAL DISTRICT - - - - - State of Minnesota, by its Commissioner of Transportation, Petitioner, vs. Bigfork, Minnesota, Congregation of Jehovah’s Witnesses , an unincorporated association, Itasca County, Unknown heirs of Joyce M. Kocian, deceased, Kocian Properties, LLC, First State Bank of Bigfork, North Shore Bank of Commerce, as trustee of The Joyce M. Kocian Revocable Trust dated November 3, 1999, Kocian’s I.G.A. Inc., Gregory Powell, Powell Sales Service, Ole’s Car Wash, 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 196, which has been renumbered 38, and which has been located according to law and designated as a controlled access highway, passes over the lands herein described. That it is duly covered by Centerline Orders numbered 17376 and 43413; and Temporary Easement Order numbered 99662. II. That the Commissioner of Transportation deems it necessary that the State of Minnesota for trunk highway purposes obtain a temporary 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. 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 Itasca 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: Parcel 239 C.S. 3108 (38=196) 902 S.P. 3108-83RW The right to use the westerly 10 feet of the northerly 75 feet of Tract A described below for highway purposes, which right shall cease on December 1, 2028, or on such earlier date upon which the Commissioner of Transportation determines by formal order that it is no longer needed for highway purposes: Tract A. Lot 5, Zaiser’s Addition to BigFork, according to the plat thereof on file and of record in the office of the County Recorder in and for Itasca County, Minnesota, except highway as now located and established. Names of parties interested in the above described land and nature of interest: Bigfork, Minnesota, Congregation of Jehovah’s Witnesses, an unincorporated association Fee Itasca County Taxes and Special Assessments Parcel 1 C.S. 3108 (38=196) 907 S.P. 3108-83RW The right to use the following described strip for highway purposes, which right shall cease on December 1, 2028, or on such earlier date upon which the Commissioner of Transportation determines by formal order that it is no longer needed for highway purposes: Tract A. That part of the Southeast Quarter of the Southwest Quarter of Section 27, Township 61 North, Range 26 West, Itasca County, Minnesota, lying northwesterly of the northwesterly right of way line of Trunk Highway No. 38 as now located and established; which lies northwesterly of Line 1 described below: Line 1. Commencing at a point on the east and west quarter line of said Section 27, distant 294.8 feet west of the center of section; thence northeasterly at an angle of 73 degrees 00 minutes from said east and west quarter line (measured from west to south) for 170 feet; thence southwesterly on the last described course for 100 feet; thence deflect to the right 07 degrees 56 minutes for 706.8 feet; thence deflect to the left at an angle of 06 degrees 39 minutes for 1344.4 feet; thence deflect to the right at an angle of 17 degrees 19 minutes for 958.7 feet to a point on the south line of said Section 27 and the point of beginning of Line 1 to be described; thence northeasterly on the last described course for 509.6 feet; thence deflect to the left on a spiral curve of decreasing radius (spiral angle 02 degrees 30 minutes) for 200 feet to spiral curve point; thence deflect to the left on a 02 degree 30 minute circular curve (delta angle 12 degrees 19 minutes) for 297.7 feet and there terminating; together with a strip being that part of Tract A hereinbefore described, which lies between two lines run parallel with and distant 50 feet and 60 feet northwesterly of the following described line: Beginning at the point of termination of Line 1 described above; thence southwesterly along said Line 1 for 55 feet and there terminating; containing 0.01 acre, more or less. Names of parties interested in the above described land and nature of interest: Unknown heirs of Joyce M. Kocian, deceased Fee Kocian Properties, LLC Claimant of Fee First State Bank of Bigfork Mortgage and Financing Statement North Shore Bank of Commerce, as trustee of The Joyce M. Kocian Revocable Trust dated November 3, 1999 Claimant of an Interest Kocian’s I.G.A. Inc. Lessee Itasca County Taxes and Special Assessments Parcel 6 C.S. 3108 (38=196) 907 S.P. 3108-83RW The right to use the easterly 10 feet of Tract A described below for highway purposes, which right shall cease on December 1, 2028, or on such earlier date upon which the Commissioner of Transportation determines by formal order that it is no longer needed for highway purposes: Tract A. Lots 1, 2, 3 and 4, Block 9, First Addition to Bigfork, less the West 50 feet if each lot, according to the plat thereof on file and of record in the office of the County Recorder in and for Itasca County, Minnesota; excepting therefrom the existing sign and vacuum situate thereon. Names of parties interested in the above described land and nature of interest: Gregory Powell Fee Powell Sales Service Lessee Itasca County Taxes and Special Assessments Ole’s Car Wash Occupant 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: January 12, 2023 KEITH ELLISON Attorney General State of Minnesota s/Andrew D. Gross ANDREW D. GROSS Assistant Attorney General Atty. Reg. No. 0395389 445 Minnesota Street, Suite 1400 St. Paul, Minnesota 55101-2134 (651) 757-1039 (Voice) (651) 297-4077 (Fax) andrew.gross@ag.state.mn.us ATTORNEY FOR PETITIONER 100902 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: January 12, 2023 KEITH ELLISON Attorney General State of Minnesota s/Andrew D. Gross ANDREW D. GROSS Assistant Attorney General Atty. Reg. No. 0395389 445 Minnesota Street, Suite 1400 St. Paul, Minnesota 55101-2134 (651) 757-1039 (Voice) (651) 297-4077 (Fax) andrew.gross@ag.state.mn.us ATTORNEY FOR PETITIONER HR January 22, 29 and February 5, 2023......... Grand Rapids Herald Review

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