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WIld Mountain 12-8-13

home : public notices : legals-article
June 1, 2020

3/19/2020 10:43:00 AM
State of Minnesota, by its Commissioner of Transportation, Petitioner, vs. Beaulieu Properties, LLC, et al. Respondents. IN THE MATTER OF THE CONDEMNATION OF CERTAIN LANDS FOR TRUNK HIGHWAY PURPOSES

(March 19, 26; April 2)

CONDEMNATION

STATE OF MINNESOTA
COUNTY OF CHISAGO    

IN DISTRICT COURT
TENTH JUDICIAL DISTRICT
COURT FILE NO. 13-CV-20-177

NOTICE

To the Respondents hereinabove named:

You, and each of you, are hereby notified that on June 19, 2020, at 1:30 pm., or as soon thereafter as counsel can be heard, in the Courthouse at Center City, Chisago 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 July 24, 2020.

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 JULY 24, 2020.  All advertising signs or devices located on the property being acquired must be removed by July 24, 2020.

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: 3/10/20
KEITH ELLISON
Attorney General
State of Minnesota

/s/ Joseph Marek    
JOSEPH MAREK
Assistant Attorney General

Atty. Reg. No. 0400168
445 Minnesota Street, Suite 1800
St. Paul, Minnesota 55101-2134
(651) 757-1039 (Voice)
(651) 297-4077 (Fax)
joseph.marek@ag.state.mn.us
ATTORNEY FOR PETITIONER


CONDEMNATION

STATE OF MINNESOTA
COUNTY OF CHISAGO
    
IN DISTRICT COURT
TENTH JUDICIAL DISTRICT

State of Minnesota, by its Commissioner of Transportation,

Petitioner,

vs.

Beaulieu Properties, LLC, East Viking Commons, L.L.P., Security State Bank of Marine, Minnesota Business Finance Corporation, United States of America  Small Business Administration, First State Bank of Wyoming, East Viking Commons Business Condominium Owners Association, an inactive Minnesota Non-Profit Corporation, TATO, LLC, dba Tasty Asia Fresh Asian Cuisine, Houle Liquor, Ltd., dba Liquor Works, Edward D. Jones & Co. L.P., His & Hers Hair Company, Inc., County of Chisago, TDT Enterprises, LLC, dba Rejuv Med Spa & The Hair Shop & Beyond, Karen M. Siemers, d.b.a. Curves for Women/Wyoming MN, TBJ Linwood, Inc. , Subway Holdings LLC, dba Subway Store No. 16438 Wyoming, MN, Forte's American Karate, LLC, an inactive Minnesota Limited Liability Company, City of Wyoming, D7 Wyoming LLC , Fourteen Foods LLC, 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 61, being Route numbered 1, has been located according to law and passes over the lands herein described, and that Trunk Highway Legislative Route numbered 390, which has been renumbered 35, 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 Right of Way Plat Order numbered 98086.


That it is duly covered by Designation Order numbered 33453.

II.

That the Commissioner of Transportation deems it necessary that the State of Minnesota for trunk highway purposes obtain an easement as to Parcel 313, 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, and to acquire a temporary easement in those cases which are herein particularly mentioned.

With reference to Parcel 50, there appears a mortgage executed by Beaulieu Properties, LLC, a Minnesota limited liability corporation, as mortgagors, to the United States of America, acting through the United States Small Business Administration, mortgagee, and filed in the office of the County Recorder in Chisago, Minnesota, as follows:

Dated: February 27, 2015
Date Filed: March 11, 2015
Document No.: A-575919

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 Chisago 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 50 C.S. 1302 (61=1) 901
S.P. 1302-23RW

All of the following:

A temporary easement for highway purposes in that part of the Common Element of COMMON INTEREST COMMUNITY NUMBER 35, EAST VIKING COMMONS BUSINESS CONDOMINIUM, shown as Parcel 50 on Minnesota Department of Transportation Right of Way Plat Numbered 13-25 as the same is on file and of record in the office of the County Recorder in and for Chisago County, Minnesota, by the temporary easement symbol, said easement shall cease on December 1, 2022, or on such earlier date upon which the Commissioner of Transportation determines by formal order that it is no longer needed for highway purpose

Names of parties interested in the above described land and nature of interest:

Beaulieu Properties, LLC: Fee in Part

East Viking Commons, L.L.P.: Fee in Part

Security State Bank of Marine: Mortgage

Minnesota Business Finance Corporation: Mortgage

United States of America Small Business Administration: Mortgage

First State Bank of Wyoming: Mortgage

East Viking Commons Business Condominium Owners Association, an inactive Minnesota Non-Profit Corporation: Claimant of an Interest

TATO, LLC, dba Tasty Asia Fresh Asian Cuisine; Lessee

Houle Liquor, Ltd., dba Liquor Works: Lessee

Edward D. Jones & Co. L.P.: Lessee

His & Hers Hair Company, Inc.: Lessee

County of Chisago: Taxes

Parcel 213A C.S. 1380 (35=390) 901
S.P. 1302-23RW

All of the following:

A temporary easement for highway purposes in that part of Lot 1, Block 1, VIKING COMMONS ADDITION, shown as Parcel 213A on Minnesota Department of Transportation Right of Way Plat Numbered 13-25 as the same is on file and of record in the office of the County Recorder in and for Chisago County, Minnesota, by the temporary easement symbol, said easement shall cease on December 1, 2022, or on such earlier date upon which the Commissioner of Transportation determines by formal order that it is no longer needed for highway purposes; excepting therefrom the existing parking lot situated thereon.

Names of parties interested in the above described land and nature of interest:

East Viking Commons, L.L.P.: Fee

First State Bank of Wyoming: Mortgage

TDT Enterprises, LLC, dba Rejuv Med Spa & The Hair Shop & Beyond: Lessee

Karen M. Siemers, d.b.a. Curves for Women/Wyoming MN: Lessee

TBJ Linwood, Inc.: Lessee

Subway Holdings LLC,  dba Subway Store No. 16438 Wyoming, MN: Lessee

Forte's American Karate, LLC, an inactive Minnesota Limited Liability Company: Lessee

City of Wyoming: Special Assessments

County of Chisago: Taxes

EASEMENT ACQUISITION
Parcel 313  C.S. 1380 (35=390) 901
S.P. 1302-23RW

All of the following:

That part of the Southeast Quarter of the Northeast Quarter of Section 19, Township 33 North, Range 21 West, shown as Parcel 313 on Minnesota Department of Transportation Right of Way Plat Numbered 13-25 as the same is on file and of record in the office of the County Recorder in and for Chisago County, Minnesota;
containing 50 square feet, more or less.
    
Names of parties interested in the above described land and nature of interest:

D7 Wyoming LLC: Fee
Fourteen Foods LLC: Lessee
County of Chisago: 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: February 25, 2020

KEITH ELLISON
Attorney General
State of Minnesota

/s/ Joseph Marek    
JOSEPH MAREK
Assistant Attorney General

Atty. Reg. No. 0400168
445 Minnesota Street, Suite 1800
St. Paul, Minnesota 55101-2134
(651) 757-1039 (Voice)
(651) 297-4077 (Fax)
joseph.marek@ag.state.mn.us
ATTORNEY 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: February 25, 2020
KEITH ELLISON
Attorney General
State of Minnesota

/s/ Joseph Marek    
JOSEPH MAREK
Assistant Attorney General
Atty. Reg. No. 0400168





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