The URL can be used to link to this page

Home My WebLink AboutUntitled , . CITY ore e tApiks.,,. ,..y `� OAK PARK HEIGHTS ,-,./...---kk7,---- 14168 N. 57th Street•Box 2007 •Oak Park Heights,MN 55082 • Phone: (612) 439-4439•FAX 439-0574, ' -, t January 7, 1997 Mark Vierling Eckberg, Lammers, Briggs, Wolff& Vierling, P.L.L.P. 1835 Northwestern Avenue Stillwater, MN 55082 Re: State of Minnesota v. James M. Corey, et al Dear Mark: I have reviewed the parcels indicated in the petition for condemnation of lands for trunk highway purposes and find no assessments due or pending on any of the parcels. If you need any,further information, please let me know. Very truly yours, /./ Judy L. Hoist Deputy Clerk/Finance Director .h Tree City U.S.A. 612 439 2923 12/31/96 13:47 ECKBERG, FIRM 4 OPH • NO.780 P001 LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF a VIERLING, P.L.L.P. 1835 NORTHWESTERN AVENUE STILLWATER.MINNESOTA 55062 (612)439-2878 FAX(612)439.2923 LYE J, EGKBERG GREGORY G.GALLER JAMES • LAMMER5 KEVIN K. SIderseRG ROBERT G. BRIGGS T1-1QMA.5,J.WEINER PAUL A. WOLFF SUSAN 0.OLSON MARK J.VI£RLING COVER SHEET - FACSIMILE .T12ANSMISSION OAVI9 K.SNYpER DATE: / Please deliver the following page (s) to: FAX NO: NAME: 1st- , 1 FROM: t`-M • TOTAL NUMBER OF PAGES 2-7-7NCLUDING COVER SHEET. The pages comprising this facsimile transmission contain confidential information from Eckberg, Lammers, Briggs, Wolff & �/ Vierling. This information is intended solely for use by the oa individual or entity named as the recipient hereof . If you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of the contents of this transmission is prohibited. It you have received this transmission in error, please notify us by telephone immediately so we may arrange to retrieve this transmission at no cast to ou. of h onfidentty notice could constitute ay basis Violation for a claim t fois for amages against the violation. If you received this communication in error, please immediately notify us by telephone at (612) 439- 2878 . IF YOU DO NOT RECEIVE ALL OF THE PAGES, PLEASE LET US KNOW AS SOON AS POSSIBLE AT (612) 439-2878 COMMENTS: s- 4 r�c.Q H-.a eti-- ;•L 400--ice t'� t / - ,1J 1 * * * * * * * * * * * HARD COPY WILL (NOT) FOLLOW BY MAIL ii 12/31/96 13:48 ECKBERG LAID FIRM 4 OPH NO.780 P002 MEMORANDUM TO: Mark Vierling FR: Urosh DT: December 31, 1996 RE: MN v. Corey condemnation = a-s._ Mark, You requested the 9 digit parcel numbers for the affected properties listed in the State petition for condemnation. I was told by the County Surveyor and County Recorder that the State does not send them a right of way plat until after the condemnation proceedings are completed, thus they said they do not have a plat for the current proceedings. I have located each of the properties listed and have obtained geocodes (they appear on the maps) and parcel numbers (they appear on tax documents) for each of the properties . In addition to these identification methods the petition itself, of course, contains the legal descriptions. Hopefully this will provide the information you need to identify the affected properties. Let me know if you need more. P. ; 4 S. P. 82., 6=45 904 Geocodes Parcel No. 03-029-20-21-0084 61095-3115 03-029-20-21-0027 61095-3100 03-029-20-21-0066 61095-4850 PARCEI. 44 S.P. 8214 (36=45) 904, Geocodes Parcel No. 03-029-20-21-0028 61095-3125 PARCEL 44A S.P. 8214 L36=45) 904 Geocodes Parcel No. 03-029-20-21-0028 61095-3125 Mark, According to the Co.Surveyor both the legal descriptions contained in PARCEL 44 and 44A are within the same parcel number. The documents from the state list different parties as having an interest in 44 and 44A. That seems strange but it may be possible. This may be something that should be checked out further. PARCEL 57 S.P. 8214 (36=45) 904, Geocodes Parcel No. 03-029-20-21-0002 61095-2350 • • LAW OFFICES OF 1 � ECKber , Lammers, Briggs, V Li () 1 LS u _1 Northwestern Avenue Lyle J. EeI Ierg u S eater. Minnesota 55082 Susan D. Olson Dames ( Lammers Li 3 (612) 439-2878 David N. Snyder Robert G. Briggs*. Mark FAX (612) 459-2923 Paul Mark J. \(ierling* CITY OF I aul A. Wolff Gregory G. Gallen. OAK PARK HEIGHTS Direst Dial (612) 351-2118 (1911-199G) Kevin K. Shoeberg. *Qualified Neutral Arbitrator& Mediator Thomas J. Weidner ♦Qualifi d Neutral Arbitrator December 20, 19 9 6 tttCertifted Real Estate Specialist MR JOHN C JEPPESEN ASSISTANT ATTORNEY GENERAL TRANSPORTATION DIVISION SUITE 200 525 PARK STREET ST PAUL MN 55103-2106 RE: State of Minnesota v. James M. Corey, et al Dear Mr. Jeppesen: I am enclosing herewith a copy of the Notice and Acknowledgement of Service by Mail Condemnation (original to Office of Right of Way and Surveys) which you have prepared and forwarded on to the City of Oak Park Heights in this matter. As soon as this Y g matter has been filed with the Court, I would appreciate your advising us as to the Court file number that has been assigned to this proceeding. A number, of properties that you have indicated within your Petition indicate assessments owed to the City of Oak Park Heights . We will give you information as far as the total assessments owed as to each within the upcoming weeks . With regard to those properties that are indicated as owned by the City in fee, it is my understanding that the City has utilities in place in both of those locations . Our earlier concern was with regard to providing continued utility services to the homes that are served by those utilities as well as completing the agreements with the Minnesota Department of Transportation as otherwise contained within the Memorandum of Understanding that has been executed between the Department and the City with regard to the replacement of those utility services as part of this project . I asked our Director of Utilities to investigate the current status of the use of those utilities by affected homeowners in those locations . I would also ask that your right-of-way staff inform us as to whether or not the houses in question, as served by those ! i MS JOHN C JEPPESEN Page Two December 20, 1996 utilities, have been acquired and whether or not there is any longer a need for utility service to those homes . Yours very truly, ey Mark J. Vierling MJV/smp cc : Mr. Michael Robertson Ms . Judy Holst ✓ bps : Judy, please review the attachments which identify the property and the interest of the City as it affects special assessments and obtain for us a listing the assessments owed the City on each of those . • STATE OF MINNESOTA IN DISTRICT COURT COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT State of Minnesota,by Hubert H. Humphrey,III NOTICE AND its Attorney General, ACKNOWLEDGMENT Petitioner, OF SERVICE BY MAIL vs. CONDEMNATION James M. Corey, et al . ; Respondents. i! DEC ! 31996 IN THE MATTER OF THE CONDEMNATION CERTAIN LANDS FOR TRUNK HIGHWAY PURPOSES NOTICE To: City of Oak Park Heights, Mayor, Oak Park Heights City Hall , 14168 N. 57th Street, P.O. Box 2007, Oak Park Heights, MN 55082-2007 The enclosed Notice of hearing on petition is served pursuant to Rule 4.05 of the Minnesota Rules of Civil Procedure. You must complete the acknowledgment part of this form and return one copy of the completed form to the sender within 20 days. Signing this Acknowledgment of Receipt is only an admission that you have received the Notice of hearing on petition,and does not waive any other defenses. You must sign and date the acknowledgment.If you are served on behalf of a corporation,unincorporated association (including a partnership),or other entity,you must indicate under your signature your relationship to that entity. If you are served on behalf of another person and you are authorized to receive process,you must indicate under your signature your authority. • If you do not complete and return the form to the sender within 20 days,you (or the party on whose behalf you are being served)may be required to pay any expenses incurred in serving a Notice of hearing on petition in any other manner • permitted by law. I declare,under penalty of perjury,that this Notice and Acknowledgment of Receipt of Notice of hearing on petition was mailed on December 11, 1996 . 1f vDec . 11, 1996 Signature Date of Signature ACKNOWLEDGMENT OF RECEIPT OF NOTICE OF HEA G e PETITION I declare, under penalty of perjury,that I received a copy of the Notic of •-aring on petition in the above-captioned matter at the address given above. Signat re etY. 44k2oe. Relation liip to Entity/Auth ty to Receive Service of Process /2-19- ? Date of Signature , � r- • • DEC 1 31996 1i CONDEMNATION STATE OF MINNESOTA • IN DISTRICT COURT COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT COPY State of Minnesota, by Hubert H. Humphrey, III, its Attorney General, Petitioner, vs. James M. Corey, State of Minnesota, Department of Natural Resources, Diane E. Corey, Sheldon J. Corey, Union Pacific Railroad Company, successor in interest to Chicago and North Western Railway Company, formerly known as Chicago and North Western Transportation Company, successor in interest to Chicago, St. Paul, Minneapolis and Omaha Railway Company, and to St. Paul & Sioux City Railroad Company, and to St. Paul, Stillwater & Taylors Falls Railway Company, whose true and correct name was St. Paul, Stillwater & Taylors Falls Railroad Company Homeside Lending, Inc. , successor in interest to BancPLUS Mortgage Corp. , First Bank National Association, Unknown successors in interest to The Minneapolis and St. Paul Suburban. Railroad Company, an expired Minnesota corporation, U S WEST Communications, Inc. , successor in interest to Northwestern Bell Telephone Company, Mary Johnson, Todd Anderson, Gary Dawson, Mary Dawson, Deanna Lucksinger, Scott Lucksinger, City of Oak Park Heights, County of Washington, American National Bank and Trust Company, Susan L. Thorn, John Emil Johnson, also known as John E. Johnson, Lorna L. Johnson, Security State Bank of Warroad, David L. • Hendrickson, Metropolitan Sewer Board, successor in interest to The Southwest Sanitary Sewer District Board, 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 • i . To the Respondents hereinabove named: You, and each of you, are hereby notified that on the 14th day of March, 1997, at 9:00 o'clock A.M. , or as soon thereafter as counsel can be heard, before Judge John E. Cass, 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. YOU, AND EACH OF YOU, ARE FURTHEP 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 hereinafter described in this notice in accordance with Minn. Stat. S 117.042, as of April 18, 1997 . The petitioner reserves its right to recover costs of clean up and testing and all other damages resulting from the presence of pollutants, contaminants, or hazardous materials on the Il property described herein, from all potential responsible parties in a separate legal action. YOU, AND EACH OF YOU, ARE FURTHER NOTIFIED, that all persons occupying the property described in this document must VACATE THE PREMISES AND MOVE ALL OF YOUR PERSONAL PROPERTY FROM SAID PREMISES ON OR BEFORE May 18, 1997. However, all advertising signs or devices located on the property being acquired must be removed by April 18, 1997 . The objects of said petition are to take for use on Trunk Highway marked 36, being Route numbered 45, the lands herein described in fee simple. JMC - 9 -- s With reference to all parcels in which a mineral rights interest is shown, it is the intention of this proceeding to except all mineral rights and reserve to the owners of the mineral rights, their heirs, successors and assigns, the rights and privileges to explore for, mine, and remove the minerals, but only in such manner that will not interfere with the use of said land for highway purposes or with the safe and continuous operation of any public highway thereon, and further the mineral owner reserves the right to relocate the highway at the mineral owner's expense pursuant to Minnesota Statutes §160. 10 as such may be amended. 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. The Commissioner of Transportation, on behalf of the State of Minnesota, has disclaimed in writing any right to erect and maintain temporary snow fences on any of the tracts herein involved. The lands desired and proposed to be so taken are situated in Washington County, Minnesota, and are described as follows, and 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: JMC - 2L - • FEE ACQUISITION Li 9 Parcel 34A S.P. 8214 (36=45) 904 "J All of Tract A described below: Tract A. Lot 16, Block 18, Elfelt's Addition to Oak Park, according to the plat thereof on file and of record in the office of the County Recorder in and for Washington County, Minnesota, lying east of the northeasterly line of South Avenue. Names of parties interested in the above described land and nature of interest: State of Minnesota Tax Title for County of Washington State of Minnesota Mineral Rights Department of Natural Resources JMC - 3 - . . ' FEE ACQUISITION Parcel 40A S.P. 8214 (36=45) 904 All of Tract A described below: Tract A. That part of Lot 1, Block 15, Elfelt's Addition to Oak Park, according to the plat thereof on file and of record in the office of the County Recorder in and for Washington County, Minnesota; except to the railroad, lying northerly of Beach Road. Names of parties interested in the above described land and nature of interest: State of Minnesota Tax Title for County of Washington State of Minnesota Mineral Rights Department of Natural Resources JMC - 2 - FEE ACQUISITION Parcel 43 S.P. 8214 (36=45) 904 All of Tract A described below: Tract A. That part of Lots 9 through 12, Block 4 and Lots 5 through 8, Block 9, Oak Park, according to the plat thereof on file and of record in the office of the County Recorder in and for Washington County, Minnesota, together with all vacated streets and alleys accruing thereto by reason of vacation thereof; lying northerly of a line run parallel with and 83 feet south of the north line of said Block 4, and its westerly extension and easterly of the easterly line of Beach Road; excepting therefrom the easterly 5 feet thereof; also excepting therefrom the railroad right of way over and across said Block 4. - Names of parties interested in the above described land and nature of interest: James M. Corey Fee Diane E. Corey Sheldon J. Corey Union Pacific Railroad Company, successor Mineral in interest to Chicago and North Rights & Western Railway Company, formerly Possible known as Chicago and North Western Claimant of Transportation Company, successor in an Interest interest to Chicago, St. Paul, Minneapolis and Omaha Railway Company, and to St. Paul & Sioux City Railroad Company, and to St. Paul, Stillwater & Taylors Falls Railway Company, whose true and correct name was St. Paul, Stillwater & Taylors Falls Railroad Company Homeside Lending, Inc. , successor in Mortgage interest to BancPLUS Mortgage Corp. First Bank National Mortgage Association Unknown successors in interest to Possible The Minneapolis and St. Paul Claimant of Suburban Railroad Company, an an Interest expired Minnesota corporation JMC - 3 - 111 Parcel: 43 - Continued: U S WEST Communications, Inc. , Easement successor in interest to Northwestern Bell Telephone Company Mary Johnson Occupant Todd Anderson Occupant Gary Dawson Occupant Mary Dawson Deanna Lucksinger Occupant Scott Lucksinger City of Oak Park Heights Special Assessments County of Washington Taxes JIMC - 6 - • a FEE ACQUISITION � 0 Parcel 43B S.P. 8214 (36=45) 904 All of Tract A described below: Tract A. That part of the right of way of the Chicago and Northwestern Transportation Company as the same was located and established over and across Lots 9, 10 and 11, Block 4, Oak Park, according to the plat thereof on file and of record in the office of the County Recorder in and for Washington County, Minnesota, together with the vacated street accruing thereto by reason of the vacation thereof. Names of parties interested in the above described land and nature of interest: Union Pacific Railroad Company, Fee successor in interest to Chicago North Western Railway Company, formerly known as Chicago and North Western Transportation Company American National Bank and Mortgage Trust Company James M. Corey Claimant of Diane E. Corey an Interest Sheldon J. Corey Mary Johnson Occupant Todd Anderson Occupant Gary Dawson Occupant Mary Dawson Deanna Lucksinger Occupant Scott Lucksinger County of Washington Taxes JMC - 7 - 111 FEE ACQUISITION Parcel 44 S.P. 8214 (36=45) 904 All of Tract A described below: Tract A. That part of the East 5 feet of Lots 9, 10, 11 and 12, Block 4, Oak Park, according to the plat thereof on file and of record in the office of the County Recorder in and for Washington County, Minnesota lying north of a line run parallel with and 83 feet south of the north line of said Block 4. Names of parties interested in the above described land and nature of interest: City of Oak Park Heights Fee • JMC - 3 - • . FEE ACQUISITION Parcel 44A S.P. 8214 (36=45) 904 All of Tract A described below: Tract A. The East 5 feet of Lots 9, 10, 11 and 12, Block 4, Oak Park, according to the plat thereof on file and of record in the office of the County Recorder in and for Washington County, Minnesota lying south of a line run parallel with and 83 feet south of the north line of said Block 4 . Names of parties interested in the above described land and nature of interest: City of Oak Park Heights Fee and Special Assessments James M. Corey Fee Diane E. Corey Spouse Homeside Lending, Inc. , successor in Mortgage interest to BancPLUS Mortgage Corp. First Bank National Mortgage Association U S WEST Communications, Inc. , Easement successor in interest to Northwestern Bell Telephone Company Union Pacific Railroad Company, Mineral successor in interest to Chicago Rights and North Western Railway Company, Easement formerly known as Chicago and North Western Transportation Company, successor in interest to Chicago, St. Paul, Minneapolis and Omaha Railway Company Unknown successors to Minneapolis Easement and St. Paul Suburban Railway Company, a dissolved Minnesota corporation County of Washington Taxes JMC - - • • FEE ACQUISITION Parcel 57 S.P. 8214 (36=45) 904 All of Tract A described below: Tract A. That part of the Northwest Quarter of Northeast Quarter and the Northeast Quarter of Northwest Quarter of Section 3, Township 29 North, Range 20 West, Washington County, Minnesota, described as follows: Commencing at a point 7 rods and 21 links west of the Quarter Post on the north line of said Section 3; thence South 14 degrees 30 minutes 00 seconds East 153 feet; thence East 230 feet; thence North 148.27 feet, more or less, to the north line of said section; thence on said last mentioned line to place of beginning; excepting therefrom that part of said Northwest Quarter of the Northeast Quarter described as follows: Commencing at a stone monument located at the northwest corner of said Northwest Quarter of the Northeast Quarter; thence south at right angles to the north line of said Northwest Quarter of the Northeast Quarter for 81.2 feet; thence east at right angles and parallel with said north line for 16 feet to the point of beginning; thence continuing east and parallel with said north line of said Northwest Quarter of the Northeast Quarter for 117.5 feet; thence south at right angles for 68.4 feet; thence west at right angles and parallel with said north line for 117.5 feet; thence north at right angles for 68.4 feet to the point of beginning; also excepting therefrom that part of said Northeast Quarter of the Northwest Quarter, described as follows: Commencing at a point 7 rods and 21 links west of the Quarter Post on the north line of said Section 3; thence South 14 degrees 30 minutes 00 seconds East, a distance of 148.50 feet to the point of beginning; thence continuing South 14 degrees 30 minutes 00 seconds East, a distance of 4.50 feet; thence east, a distance of 51.21 feet; thence North 14 degrees 30 minutes 00 seconds West, a distance of 15.58 feet; thence South 75 degrees 30 minutes 00 seconds West, a distance of 50. 00 feet to the point of beginning; containing 0.263 hectare (0. 65 acre) of which 0.013 hectare (0.03 acre) is encumbered by an existing highway easement. Names of parties interested in the above described land and nature of interest: Susan L. Thorn Contract for Deed JMC - 10 - • i • Parcel 57 - Continued: John Emil Johnson, also Fee known as John E. Johnson Lorna L. Johnson Security State Bank of Warroad Mortgage David L. Hendrickson Claimant of an Interest City of Oak Park Heights Special Assessments County of Washington Taxes JMC i • FEE ACQUISITION Parcel 70 S.P. 8214 (36=45) 904 All of Tract A described below: Tract A. That part of Government Lot 5, Section 34, Township 30 North, Range 20 West, Washington County, Minnesota, described as follows: Beginning at the south quarter corner of said Section 34; thence run east along the south line thereof for 400 feet, more or less, to the westerly line of the Chicago, St. Paul, Minneapolis and Omaha Railway's (now Soo Line Railroad Company's) right of way as now laid out and used across said Government Lot 5; thence northwesterly along said right of way line to a point on the north and south quarter line of said Government Lot 5; thence south along said quarter line, 578 feet, more or less to the point of beginning; excepting therefrom a 30 foot roadway granted to the State of Minnesota by deed recorded in Book 68 of Deeds, Page 8; containing 0.893 hectare (2.21 acres) of which 0.518 hectare (1.28 acres) is encumbered by an existing highway easement. Names of parties interested in the above described land and nature of interest: • Lorna L. Johnson Fee John Emil Johnson, also known as John E. Johnson Security State Bank of Warroad Mortgage Metropolitan Sewer Board, successor Easement in interest to The Southwest Sanitary Sewer District Board County of Washington Taxes JMC - 12 - . HUBERT H. HUMPHREY, III Attorney General JOHN C. JEPPESEN Assistant Attorney General Attorney Registration No. 50210 Transportation Division 525 Park Street, Suite 200 St. Paul, MN 55103-2106 Fax No. : (612) 297-1235 Phone: 612-296-3207 9624