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CONDEMNATION STATE OF MINNESOTA IN DISTR

CONDEMNATION STATE OF MINNESOTA IN DISTRICT COURT COUNTY OF ST. LOUIS SIXTH JUDICIAL DISTRICT COURT FILE NO. 69DU-CV-22-1178 State of Minnesota, by its Commissioner of Transportation, Petitioner, vs. 2116 W 2nd, LLC, Members Cooperative Credit Union, North Shore Bank of Commerce, Schemmer’s Cleaning Service, County of St. Louis, Harvey Associates II L.P., Jon-Ed, LLC, National Bank of Commerce, R E Michel Company LLC, Linda Zimm, David D. Hamilton, Ilone A.H. Hamilton, City of Duluth, Hamilton Enterprises, Incorporated, 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 NOTICE To the Respondents hereinabove named: You, and each of you, are hereby notified that on OCTOBER 13, 2022, at 10:00 o’clock AM., or as soon thereafter as counsel can be heard, before the Presiding Judge, via remote hearing from the Courthouse at Duluth, St. Louis County, Minnesota, the above named petitioner will present a petition now on file herein for the condemnation of certain lands for trunk highway purposes. You are notified this matter is set for a remote hearing. This hearing will not be in person at the courthouse. Instructions for attending the remote hearing may be obtained from St. Louis 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 November 16, 2022. YOU, AND EACH OF YOU, ARE FURTHER NOTIFIED, that all persons occupying the property described in the petition must VACATE THE PREMISES BEING ACQUIRED AND MOVE ALL OF YOUR PERSONAL PROPERTY FROM SAID PREMISES BEING ACQUIRED ON OR BEFORE NOVEMBER 16, 2022. All advertising signs or devices located on the property being acquired must be removed by November 16, 2022. 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: June 29, 2022 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 CONDEMNATION STATE OF MINNESOTA IN DISTRICT COURT COUNTY OF ST. LOUIS SIXTH JUDICIAL DISTRICT COURT FILE NO. 69DU-CV-22-1178 State of Minnesota, by its Commissioner of Transportation, Petitioner, vs. 2116 W 2nd, LLC, Members Cooperative Credit Union, North Shore Bank of Commerce, Schemmer’s Cleaning Service, County of St. Louis, Harvey Associates II L.P., Jon-Ed, LLC, National Bank of Commerce, R E Michel Company LLC, Linda Zimm, David D. Hamilton, Ilone A.H. Hamilton, City of Duluth, Hamilton Enterprises, Incorporated, 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 106, which has been renumbered 53, and which has been located according to law and passes over the lands herein described. That it is duly covered by Center Line Orders numbered 36248 and 41941; Width Order numbered 98639; Access Order numbered 98640; and Temporary Easement Order numbered 98641. 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 as to Parcel 299, 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, and to keep and have the exclusive control of all access to said highway , and 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 St. Louis 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 213 C.S. 6915 (53=106) 903 S.P. 6982-322RW The right to use that part of Tract A described below for highway purposes, which right shall cease on December 1, 2026, 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. All that part of Lots 342, 344, 346, and 348, Block 74, DULUTH PROPER SECOND DIVISION, according to the plat thereof on file and of record in the office of the County Recorder in and for St. Louis County, Minnesota, which lies NWly of the following described line: Beginning at a point on the Southwesterly line of said Lot 348 which is 85.00 feet Southeasterly of the West corner of said Lot 348; thence Northeasterly parallel to the Northwesterly line of said Lot 348 a distance of 40.00 feet to a point; thence deflecting to the left 26 degrees, 21 minutes, 06 seconds a distance of 49.20 feet to a point; thence deflecting 4 degrees, 22 minutes, 22 seconds to the left a distance of 123.63 feet to the Northwesterly line of said Lot 342 and there terminating; said point of termination being 10.00 feet Southwesterly of the Northerly corner of said Lot 342; the title thereto being registered as evidenced by Certificate of Title No. 355574.0; which lies easterly of the following described line: Beginning at a point on the northwesterly line of said Lot 342, distant 10 feet westerly (measured at right angles) of the easterly line of Tract A hereinbefore described; thence southerly on a line run parallel with and distant 10 westerly of the easterly line of said Tract A to an intersection with the southeasterly line of said Tract A and there terminating; excepting therefrom the existing buildings situate thereon. Names of parties interested in the above described land and nature of interest: 2116 W 2nd, LLC Fee Members Cooperative Credit Union Mortgage North Shore Bank of Commerce Mortgage Schemmer’s Cleaning Service Lessee County of St. Louis Taxes Parcel 222A C.S. 6915 (53=106) 903 S.P. 6982-322RW The right to use the northwesterly 5 feet of Tract A described below for highway purposes, which right shall cease on December 1, 2026, 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 333, Block 73, Duluth Proper Second Division, according to the plat thereof on file and of record in the office of the County Recorder in and for St. Louis County, Minnesota; excepting therefrom the existing building situate thereon. Names of parties interested in the above described land and nature of interest: Harvey Associates II L.P. Fee County of St. Louis Taxes Parcel 227 C.S. 6915 (53=106) 903 S.P. 6982-322RW The right to use the all of Tracts A and B described below for highway purposes, which right shall cease on December 1, 2026, 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. The Wly ½ of Lot 327, Block 73, DULUTH PROPER SECOND DIVISION, according to the plat thereof on file and of record in the office of the County Recorder in and for St. Louis County, Minnesota; AND The Ely ½ of Lot 327, Block 73, said DULUTH PROPER SECOND DIVISION; BOTH which lie NWly of Line 1 described below and SEly of Line 2 described below: Line 1. Beginning at a point on the NEly line of said Lot 321, distant 15 feet NWly of the most Ely corner of said Lot 321; thence run SWly to a point on the NEly line of said Lot 327, distant 50 feet NWly of the most Ely corner of said Lot 327; thence run SWly to a point on the SWly line of said Lot 329, distant 80 feet NWly of the most Sly corner of said Lot 329 and there terminating; Line 2. Beginning at the point of intersection of Line 1 described above with a line run parallel with and distant 15 feet SWly of the NEly line of said Lot 321; thence run NWly on said 15 foot parallel line to its intersection with a line run parallel with and distant 70 feet NWly of the SEly line of said Block 73; thence run SWly on said 70 foot parallel line to its intersection with said Line 1 and there terminating; AND W ½ of Lot 327, EXCEPT that part which lies NWly of the following described line: Beginning at a point on the SWly line of Lot 329, said Block 73, distant 80 feet NWly of the most Sly corner thereof; thence run NEly to a point on the NEly line of said Lot 327; distant 50 feet NWly of the most Ely corner thereof and there terminating, Block 73, said DULUTH PROPER SECOND DIVISION; AND E ½ of Lot 327, Block 73, said DULUTH PROPER SECOND DIVISION, EXCEPT that part which lies NWly of the following described line: Beginning at a point on the SWly line of Lot 329, said Block 73, distant 80 feet NWly of the most Sly corner thereof; thence run NEly to a point on the NEly line of said Lot 327, distant 50 feet NWly of the most Ely corner thereof and there terminating; the title thereto being registered as evidenced by Certificate of Title No. 357121.0. Tract B.Lots 321, 323, 325 and the East Half of Lot 329, except the westerly 1.5 feet of the southerly 75 feet of said Lot 329, all in Block 73, DULUTH PROPER SECOND DIVISION, according to the plat thereof on file and of record in the office of the County Recorder in and for St. Louis County, Minnesota, lying southerly of the southerly right of way line of Trunk Highway No. 53 as now located and established; excepting therefrom the existing electric box and lights situated thereon. Names of parties interested in the above described land and nature of interest: Jon-Ed, LLC Fee National Bank of Commerce Mortgage R E Michel Company LLC Lessee County of St. Louis Taxes FEE ACQUISITION Parcel 299 C.S. 6915 (53=106) 903 S.P. 6982-322RW That part of Tract A described below: Tract A. The westerly 40 feet of Lot 317 and all of Lot 319, Block 92, Duluth Proper, Second Division, according to the plat thereof on file and of record in the office of the County Recorder in and for St. Louis County, Minnesota; excepting therefrom that part lying southerly of a line distant 33 feet northerly and concentric to the center line of the existing 20th Avenue West Connector as shown on Minnesota Transportation Department Project No. 6915-56 (Trunk Highway No. 53=204) plans sheet 26 and 27; which lies southeasterly of the following described line: Beginning at a point on the easterly line of said Lot 317, distant 52 feet southerly of the northeast corner thereof; thence southwesterly to a point on the westerly line of said Lot 317, distant 74 feet southerly of the northwest corner of said Lot 317 and there terminating; together with all right of access, being the right of ingress to and egress from that part of Tract A hereinbefore described, not acquired herein, to the above described strip; also a right to use the following described strip for highway purposes, which right shall cease on December 1, 2026, or on such earlier date upon which the Commissioner of Transportation determines by formal order that it is no longer needed for highway purposes: A strip being that part of Tract A hereinbefore described, adjoining and northwesterly of the above described strip, which lies southerly of a line run parallel with and distant 30 feet southerly of the northerly line of said Tract A. Names of parties interested in the above described land and nature of interest: Linda Zimm Fee County of St. Louis Taxes Parcel 321 C.S. 6915 (53=106) 903 S.P. 6982-322RW The right to use the northwesterly 45 feet of Tract A described below for highway purposes, which right shall cease on December 1, 2026, 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 335, Block 73, Duluth Proper Second Division, according to the plat thereof on file and of record in the office of the County Recorder in and for St. Louis County, Minnesota. Names of parties interested in the above described land and nature of interest: David D. Hamilton Ilone A.H. Hamilton Fee City of Duluth Easement Hamilton Enterprises, Incorporated Lessee County of St. Louis 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: June 6, 2022 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 100870 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: June 6, 2022 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 (July 2, 9, 16, 2022) 79021