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CONDEMNATION STATE OF MINNESOTA IN DISTR

CONDEMNATION STATE OF MINNESOTA IN DISTRICT COURT COUNTY OF ST. LOUIS SIXTH JUDICIAL DISTRICT 69DU-CV-22-1481 State of Minnesota, by its Commissioner of Transportation, Petitioner, vs. Riverside Redevelopment Company, 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 14, 2022, at 2:00 o’clock PM., or as soon thereafter as counsel can be heard, before Judge Jessica Fralich, via remote hearing, from the Courthouse at Duluth, St. Louis County, Minnesota. The above-named petitioner will present to the Court a petition now on file herein for the condemnation of certain lands for trunk highway purposes. You are notified that 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 December 19, 2022. 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 DECEMBER 19, 2022. All advertising signs or devices located on the property being acquired must be removed by December 19, 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: August 9, 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 CONDEMNATION STATE OF MINNESOTA IN DISTRICT COURT COUNTY OF ST. LOUIS SIXTH JUDICIAL DISTRICT - - - - - State of Minnesota, by its Commissioner of Transportation, Petitioner, vs. Riverside Redevelopment Company, Bremer Bank, National Association, County of St. Louis, Darlene J. Lukovsky and David Lukovsky and Steve Lukovsky and Lori Lukovsky, as trustees of Peter L. Lukovsky Trust U/A April 17, 2007, David Lukovsky and Steve Lukovsky and Lori Lukovsky, as trustees of Darlene J. Lukovsky Trust u/a April 17, 2007, 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 185, which has been renumbered 23, and which has been located according to law and passes over the lands herein described. That it is duly covered by Drainage Easement Order numbered 99651. II. That the Commissioner of Transportation deems it necessary that the State of Minnesota for trunk highway purposes obtain a drainage easement in perpetuity over 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 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 37 C.S. 6910 (23=185) 906 S.P. 6910-103RW A drainage easement in perpetuity over that part of Tracts A and B described below: Tract A. That part of Block 48, IRONTON 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 west of the following described line: Commencing at the intersection of the easterly line of the DWP right of way and the northerly right of way of Gogebic Street; thence on an assumed bearing North 30 degrees 54 minutes 20 seconds East along the east line of the DWP right of way 910.04 feet to the beginning of said line;thence South 78 degrees 05 minutes 20 seconds East, 110.93 feet; thence North 75 degrees 03 minutes 13 seconds East 210.84 feet; thence South 86 degrees 05 minutes 41 seconds East, 237.82 feet; thence South 60 degrees 37 minutes 11 seconds East 279.27 feet to the south line of said Block 48 and there terminating; except that part of Block 48 lying south of the north line of Highway 23. Except minerals; the title thereto being registered as evidenced by Certificate of Title No. 277479.0; Tract B. That part of Lots 1 to 19, Block 43; Lots 1 and 2 and 5 to 28, Block 44; Lots 3 to 19, Block 45; All in IRONTON SECOND DIVISION according to the plat thereof on file and of record in the office of the County Recorder in and for said County, EXCEPT that portion of the above referenced property lying within 50 feet of the centerline of former Duluth, Winnipeg and Pacific Railroad right-of-way. Except minerals and mineral rights.AND That part of Block 48, IRONTON SECOND DIVISION, lying East of the following described line: Commencing at the intersection of the easterly line of the former DWP right of way and the northerly right of way of Gogebic Street; thence on an assumed bearing North 30 degrees 54 minutes 20 seconds East along the E’ly line of the former DWP right of way 910.04 feet to the beginning of said line; thence South 78 degrees 05 minutes 20 seconds East, 110.93 feet; thence North 75 degrees 03 minutes 13 seconds East 210.84 feet; thence South 86 degrees 05 minutes 41 seconds East, 237.82 feet; thence South 60 degrees 37 minutes 11 seconds East 279.27 feet to the south line of said Block 48 and there terminating; except that part of Block 48 lying south of the north line of Highway 23. Except minerals and mineral rights; the title thereto being registered as evidenced by Certificate of Title No. 351585.0; together with the vacated Commonwealth Avenue accruing to Lots 1 through 10 inclusive said Block 48 by reason of the vacation thereof; which lies northwesterly of the northwesterly right of way line of Trunk Highway No. 23 as now located and established and northeasterly of the southwesterly line of Lot 10 said Block 48 and its northwesterly extension. Names of parties interested in the above described land and nature of interest: Riverside Redevelopment Company Fee Bremer Bank, National Association Mortgage County of St. Louis Taxes Parcel 39 C.S. 6910 (23=185) 906 S.P. 6910-103RW A drainage easement in perpetuity over that part of Tract A described below; Tract A. That part of Lot 1, Block 37, IRONTON 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; Lot 2, Block 37, IRONTON SECOND DIVISION, Lot 3, Block 37, IRONTON SECOND DIVISION, Lot 4, Block 37, IRONTON SECOND DIVISION, Lot 5, Block 37, IRONTON SECOND DIVISION, Lot 6, Block 37, IRONTON SECOND DIVISION, Lot 7, Block 37, IRONTON SECOND DIVISION, Lot 8, Block 37, IRONTON SECOND DIVISION, Lot 9, Block 37, IRONTON SECOND DIVISION, Lot 10, Block 37, IRONTON SECOND DIVISION, Lot 11, Block 37, IRONTON SECOND DIVISION, Lot 12, Block 37, IRONTON SECOND DIVISION, Lot 13, Block 37, IRONTON SECOND DIVISION, Lot 5, Block 40, IRONTON SECOND DIVISION, Lot 6, Block 40, IRONTON SECOND DIVISION, Lot 7, Block 40, IRONTON SECOND DIVISION, Lot 8, Block 40, IRONTON SECOND DIVISION, Lot 9, Block 40, IRONTON SECOND DIVISION, Lot 10, Block 40, IRONTON SECOND DIVISION, Lot 11, Block 40, IRONTON SECOND DIVISION, Lot 12, Block 40, IRONTON SECOND DIVISION, Lot 13, Block 40, IRONTON SECOND DIVISION, Lot 18, Block 50, IRONTON SECOND DIVISION, Lot 19, Block 50, IRONTON SECOND DIVISION, Lot 20, Block 50, IRONTON SECOND DIVISION, Lot 21, Block 50, IRONTON SECOND DIVISION, Lot 22, Block 50, IRONTON SECOND DIVISION; EXCEPT minerals and reserving mineral rights, the title thereto being registered as evidenced by Certificate of Title No.325265.0; which lies northwesterly of the northwesterly right of way line of Trunk highway No. 23 as now located and established and contained within said Lot 22, Block 50. Names of parties interested in the above described land and nature of interest: Darlene J. Lukovsky and David Lukovsky and Steve Lukovsky and Lori Lukovsky, as trustees of Peter L. Lukovsky Trust U/A April 17, 2007 Fee County of St. Louis Taxes Parcel 240 C.S. 6910 (23=185) 906 S.P. 6910-103RW A drainage easement in perpetuity over that part of Tract A described below; Tract A. That part of Lot 1, Block 49, IRONTON 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, Lot 2, Block 49, IRONTON SECOND DIVISION, Lot 3, Block 49, IRONTON SECOND DIVISION, Lot 4, Block 49, IRONTON SECOND DIVISION, Lot 5, Block 49, IRONTON SECOND DIVISION, Lot 6, Block 49, IRONTON SECOND DIVISION, Lot 7, Block 49, IRONTON SECOND DIVISION Lot 8, Block 49, IRONTON SECOND DIVISION, Lot 9, Block 49, IRONTON SECOND DIVISION, Lot 10, Block 49, IRONTON SECOND DIVISION Lot 11, Block 49, IRONTON SECOND DIVISION, Lot 12, Block 49, IRONTON SECOND DIVISION, Lot 13, Block 49, IRONTON SECOND DIVISION, Lot 14, Block 49, IRONTON SECOND DIVISION Lot 15, Block 49, IRONTON SECOND DIVISION, Lot 16, Block 49, IRONTON SECOND DIVISION, Lot 17, Block 49, IRONTON SECOND DIVISION, Lot 18, Block 49, IRONTON SECOND DIVISION, Lot 19, Block 49, IRONTON SECOND DIVISION, Lot 20, Block 49, IRONTON SECOND DIVISION, Lot 21, Block 49, IRONTON SECOND DIVISION, Lot 22, Block 49, IRONTON SECOND DIVISION, Lot 1, Block 50, IRONTON SECOND DIVISION, Lot 2, Block 50, IRONTON SECOND DIVISION, Lot 3, Block 50, IRONTON SECOND DIVISION, Lot 5, Block 50, IRONTON SECOND DIVISION, Lot 7, Block 50, IRONTON SECOND DIVISION, Lot 8, Block 50, IRONTON SECOND DIVISION, Lot 9, Block 50, IRONTON SECOND DIVISION, Lot 10, Block 50, IRONTON SECOND DIVISION, Lot 11, Block 50, IRONTON SECOND DIVISION, Lot 12, Block 50, IRONTON SECOND DIVISION, Lot 13, Block 50, IRONTON SECOND DIVISION Lot 14, Block 50, IRONTON SECOND DIVISION, Lot 15, Block 50, IRONTON SECOND DIVISION; EXCEPT mineral and reserving mineral rights, the title thereto being registered as evidenced by Certificate of Title No. 325263.0; together with that part of Tract A hereinbefore described which is contained within Lots 21 and 22, said Block 49. Names of parties interested in the above described land and nature of interest: David Lukovsky and Steve Lukovsky and Lori Lukovsky, as trustees of Darlene J. Lukovsky Trust u/a April 17, 2007 Fee County of St. Louis 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: July 15, 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 100880 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: July 15, 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 (August 13, 20 & 27, 2022) 91305