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STATE OF MINNESOTA IN DISTRICT COURT
COPY
COUNTY OF WASHINGTON THIRD JUDICIAL DISTRICT
State of "innesota, by "files Lord,
its Attorney General,
Petitioner,
vs.
Joseph L. Feis; Raymond A. Feis; Nan K. Degnan; Unknown heirs of Mary R.
Glennon, deceased; Thomas Degnan; Wade R. Radunz; Ellen ' . Radunz; Ben J.
Bahis; Carl Hartman; Unknown heirs of Annie Hartman, formerly Annie Grady,
deceased; Irene Wilemette Cushner, formerly Irene Wilemette Barron; Mary
Leola Maine, formerly Mary Leola Barron; Unknown heirs of M. H. Barron,
deceased; William E. Cushner; Anton Maline; Harry Lutz; Helen Lutz; Emma
S. West; Walter nest; Town of Oak Park; Unknown heirs of Charles D. Elfelt,
deceased; Joseph J. Beaudet; Patricia Beaudet; Leona Speich, formerly Leona
Alcorn; David Speich; County of Washington; John Blorkman; Clarence Workman;
Florence Olson; Ellen Olson; Ray Workman; Davi ' �3jorkman; Bernie Workman;
George B;ior!cnan; Unknown heirs of Amandus Workman, also known as Mandus
Workman, deceased; Vinerva Workman; Elsie Workman; Alice Workman;
Bernadette Workman; Nadine Workman; Ella Workman; Vn. D. Bartholomew;
Hazel Bartholomew; Unknown heirs of Margaret McDonald, Minnie Peters, and
of Anastasia Riley-add, all deceased; A. Estelle Edwards, formerly A.
Estelle Hersey; °?illiar Bean; Phetley J. Bean; "`cry Ella 'Turray, form-
erly Mary Ella Bean; ? ay Bean; Earle Myrtle Smith, formerly Earle myrtle
Bean; Anne Margaret Hurley, formerly Ann Margaret Lehmicke; Eugene Albert
Lehmicke; David John Lehmicke; Rudolph Lehmicke; Jane A. `'inch; Eva E.
Mudge; Roy Edwards; Eleanor Thompson; Aurora E. Alliams; Harry S. Robertson;
Ruth Robertson Wunderlich, formerly Ruth Robertson; ',rancis L. Robertson;
Faith Gilbert, formerly :with Robertson Elliott, and Faith Robertson;
Unknown heirs of Olivia J. Torinus, Eva A. Merry, Marg. H. Hersey, also
known as Mary H. Hersey, Eva C. Hersey, Milliam Bean, also known as William
H. Bean, Mary A. Bean, Jacob Bean, Eugene E. Bean, Anne E. Lehmicke, also
known as Anne E. Beal , Albert J. Lehmicke, Albert J. Leh-licke, Jr., George
A. Whitney, J. Brooks Fenno, all deceased; Norbert i'T. Murray, William J.
Hurley; Marian Lehmicke; Jeanne S. Lehmicke; Margaret Lehmicke; Macqueena
Robertson; John M. Munderlich; Beatrice Robertson; and Russell C. Gilbert;
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 NATTER Of:THE MIDICHNATTOIT '
CERTAIN LANDS FOR mum HIGHWAY PURPC) "3
'1OT10E
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To the Respondents hereinabove named:
You, and each of you, are hereby notified that on the 6th day of
January, 1958, at 10:00 o'clock A.M., or as soon thereafter as counsel
can be heard, in the Court House 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.
The objects of said petition are to take for use on Trunk Highway
marked 212, being Route Number 45, an easement in the lands hereinafter des-
cribed, together with the following rights: to erect temporary snow fences
upon said lands and upon the lands adjacent thereto; to acquire all trees,
shrubs, grass, and herbage within the right of way of said trunk highway
herein acquired and to keep and have the exclusive control of the same; to
acquire the right of access to said highway from the owners whose lands
front thereon in those cases which are hereinafter particularly mentioned:
to construct slopes upon and remove materials from the lands herein specific-
ally mentioned to be taken for those purposes as provided in the plans and
specifications which are on file in the office of the Commissioner of Highways
at Saint Paul, Minnesota; and further, to have the Court appoint commission-
ers to ascertain and report the amount of damages that will be sustained by
the several owners and persons interested on account of said taking.
The lands desired and proposed to be so taken are situate 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 follow;
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Parcel 204E S.P. 8214 (212=45-22)
All that part of the following described lot :
Lot 12, Block 14, of Elfelt's Addition to Oak Part as surveyed
and platted;
which lies southeasterly of the following described line:
Beginning at the northeast corner of said Lot 12; thence run
southwesterly- to a point on the south line of said Lot 12 which
point is also the northwest corner of Lot 8 said Block 14;
together with all right of access, being the right of ingress to and egress
from that portion of Lot 12, not acquired herein, and Lots 13 and 14 of said
Block 14 to Trunk Highway No. 212.
Names of parties interested in above described land and nature of interest:
Joseph L. Feis )
Zaymond A. Feis )
Nan K. Degnan ) Fee
Unknown heirs of Nary R. Gle nnon,)
deceased )
Thomas Degnan Inchoate
Parcel 204J S.P. 8214 (212=45-22)
All that part of the following described tract:
Lots 1, 2 and the north half (Ni) of Lot 3, Block 11, Elfelt's
Addition to Oak Park as surveyed and platted;
which lies northwesterly of the following described line:
Beginning at the southeast corner of Lot 14, said Block 11; thence
run northeasterly to a point on the north line of Lot 1 said Block 11,
distant 90 feet Vest of the northeast corner thereof;
together with all right of access, being the right of ingress to and egress
from that portion of the above described tract, not acquired herein, to Trunk
Highway No, 212,
Names of parties interested in above described land and nature of interest:
Wade R. Radunz )
Ellen Tr. iadunz ) Contract for Need
Ben J. Bahis Claimant of an Interest
Carl Hartman )
Unknown heirs of Annie Hartman, ) Fee
formerly Annie Grady, deceased
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Parcel 204MN S.P. 8214 (212=45-22)
All right of access, being the right of ingress to and egress from the follow-
ing described lot to Trunk Highway No. 212 :
Lot 20, Block 12) Elfeltts Addition to Oak Park as surveyed and
platted.
Names of parties interested in above described land and nature of interest:
Irene Wilemette Cushner, formerly )
Irene ;lilemette Barron
r?ary Leola Maline, formerly )
Mary Leola Barron ) Fee
Unknown heirs of M. H. Barron,
deceased )
William E. Cushner )
Anton Maline )
Inchoate
Slope Parcel 204W 3.P. 8214 (212=45-22)
A right to construct slopes on and remove materials from the following described
lots, which right shall cease on necember 1, 1260:
Lots 11 through 14 inclusive, Block 19, 71feltts 1ddition to
Oak Park as surveyed and platted;
which lies within a distance of 55 feet northeasterl'j of the center line of
South Avenue in said. ae,'ition.
Names of parties interested in above described lane and nature of interest:
Harry Lutz ) Contract for Deed
Helen Lutz )
Emma S. West Fee
falter West Inchoate
Parcel 206A S.P. 8214 (212=45-22)
All of the following described tract:
' ashington Square in Elfeltts Addition to Oak Park as surveyed
and platted being the unnumbered block south of Block 14, said
Elfeltts Addition and the east half (E ) of vacated Fifth Street
adjacent thereto.
Names of parties interested in above described la ne and nature of interest:
Town of 0ak Park Fee
Unknown heirs of Charles D.) Possible Claimant of an
T'lfelt, deceased
Interest
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Parcel 207Y S.P. 821 (212=45-22)
All that part of the following described tract:
That part of Government Lot 4 of section 34, township 30 north,
range 20 west, Jescribed as foltaa s: Beginning at an iron monu-
ment set at a point on the westerly line of Minnesota State Highway No.
212 said point being 878.75 feet north of the south line of said • • •
Government Lot L. and running thence west on a line parallel to the
south line of said Government Lot 4 for 82 feet to an iron monument;
thence southwesterly on a straight line to a point on the west line of
said Government Lot 4 said point being 683.75 feet north of the south
line of said Government Lot L ; thence north along the west line of
said Government Lot L. to an iron monument sot at a point on said west
line said point being 159.5 feet south of the northwest corner of
said Government Lot l ; thence southeasterly on a straight line 374.2
feet to an iron monument set on the west line of said Highway No.212
said monument being 277 feet southerly of the intersection of the
north line of saic' Government Lot 4 with the westerly line of said
Highway said 277 foot being measured along the westerly line of said
highway; thence southerly along said westerly line to the point of
beginning;
which lies easterly of a line run parallel with and distant 50 feet westerly
of the follow ng described line:
From a point on the north line of said Goverment Lob 4, distant
462 feet east of the northwest corner thereof, run southwesterly
at an angle of 78°281 with said north line for 639.9 feet to the
point of beginning of the line to be describe'; thence run north-
easterly along the last described course for 100 feet; thence deflect
to the left on a 6°001 curve (delta angle 18°06') for 301.67 feet
and there terminating;
together with a strip 10 feet in width adloining and westerly of the above
described strip: Beginning opposite a point on the above described line, dis-
tant 59058 feet southerly of its point of termination (when measured along
said line) and extending northerly to the northerly line of the above des-
cribed tract;
containing 0.05 acre, more or less.
Names of parties interested in said land and nature of interest:
Joseph J. Bcaudet Fee
Patricia Beaudet Inchoate
Leona Speich, formerly ) Possible 'l aimant of an
Leona Alcorn ) Interest
David Speich Inchoate
County of '`ashington Tax Lien
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Parcel 209X S.P. 8211 = (212=45.22)
All of the following described tract:
Lots 6 and 7, except the west 1 foot thereof, 31ock 2, Hersey,
Staples and Company's Addition to Stillwater as surveyed and
platted;
together with all right of access, being the right of ingress to and egress
from the westerly 1 foot of said Lots 6 and 7 to Trunk Highway No. 212.
Names of parties interested in above described land and nature of interest:
John Biorkman )
Clarence Bjorkman )
Florence Olson )
Ellen Olson )
ay Biorkman )
David Biorkman ) Fee
Bernie Biorkman )
George Workman )
Unknown heirs of 'smandus Biorkman, )
also known as iandus Workman, )
deceased )
PTinerva Workman )
Elsie Biorkman i
Alice Bior':man Inchoate
Bernadette Biorkman )
Nadine Biorkman )
Ella Pork man )
Parcel 211 S.P. 8211.E (212=45-22B)
All of the following described tract:
Lots 3, 4 and 5, except the west 1 foot thereof, Block 2, Hersey,
Sta p les and Com an is Addition to >tillwater as surveyed and
platted, except highway;
together with all right of access, being the right of ingress to and egress
from the westerly 1 foot of said Lots 3, 4 and 5 to Trunk Highway "T0, 212.
Planes of parties interested in above described land and nature of interest:
Vn. D. Bartholomew Fee in part and Tax
Title in Part
Hazel Bartholomew Inchoate
Unknown heirs of P`argaret )
ITcDonald, Tin.nie Peters, and of ) Owners Before Tax
Anastasia Ailey-T'idd, all deceased) Forfeiture
County of "Tashin;ton Tan Lien
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Parcel 240 S.P. 8214 (212=45-23)
All of the following described tract:
Lot 22, and Lot 21, except the west 1 foot thereof, Block 11, Hersey,
Staples and Company's tddition to Stillwater r.s surveyed and platted,
except highway;
together with all right of access, being the right of ingress to and egress
from the westerly 1 foot of said Lot 21 to Trunk Highway 'To. 212.
Names of parties interested in above described land and nature of interest:
State of 'rinnesoa ) Tax Title
County of ashington )
A. Estelle Bewares, formerly )
A. Estelle Hersey )
William E. Lean
Phetley J. Bean )
Mary Ella Murray, formerly )
Mary Ella Bean )
may F. Bean )
Earle Myrtle Smith, formerly )
Earle 'Myrtle Bean )
Anne Margaret Hurley, formerly )
Ann Margaret Lehmicke )
Eugene Albert Lehmicke
navid John Lehmicke ) Owner Lefore Tax
Rudolph Lehmicke ) Forfeiture
Jane A. cinch )
Eva E. Mudge )
Roy Edwards )
Eleanor Thompson )
Aurora E. "`illiams )
Harry S. Robertson )
Ruth Robertson Wuncl.erlich, formerly )
Ruth Robertson )
Francis L. Robertson )
Faith Gilbert, formerly Faith )
Robertson Elliott, and Laith )
Robertson )
Unknown heirs of Olivia J. Torinus, )
Eva A. Ferry, T arg. H. Hersey, )
also known as Mary H. Hersey, )
Eva C. Her:ey, 'ti7.1_ia Bran, also )
known as 'Tiliiam K. Bean, Mary A. )
Bean, Jacob Loan, Tugene E. Bean, )
Anne E. Lehmicke, also known as )
Anne E. Bean, Albert J. Lehmicke, )
Albert J. Lehmicke, Jr., George )
A. Whitney, J. 'rooks Fenno, all )
deceased )
Norbert H. Hurray )
William J. Hurley )
Marian Lehmicke )
Jeanne S. Lehmicke )
Margaret Lehmicke )
Hacquela Robertson ) Inchoate
John M. Hunderlich )
Beatrice Tobertson )
Russell C. Gilbert )
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MILES LORD
Attorney General
ROBERT W. MATTSON
Deputy Attorney General
Attorneys for the Petitioner
1246 University Avenue
St, Paul ii, Minnesota
THOREEN, THOREEN & LAWSON
REUBEN G. THOREEN
JOHN r. G. THOREEN THOREEN ATTORNEYS AT LAW
ROOERICK A. L.AWSON 104 NORTH MAIN STREET TE 9-4144
HE 9-4148
STILLWATER, MINNESOTA HE 9-4144
II
Jane 9, 19:58
II
Kr. . C. Peterson
C ;erk of : tstrict Court `
Cart Ree"`e
Jtillw ter, Sixistesetc.
1
Dear . Peterscuu
*his 'will acknow e rece11,013f kits, reaucrcea arrant Sc.
374469, 4ched April 22, 1954, ilia' e sus c 7,730.000 which you
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IIIdelivered us this
Johnson, which wis a e$ t t cs r o li G.,.,,,,,,4,
XI! anything furthor:Li- i likcesoliete
ti 1 Yours t ,
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STATE OF MINNESOTA MISTRICT COURT
COUNTY OF '1,A,SHINOTON THIRD JUDICIAL DISTRICT
State of Minnesota, by Miles Lord, )
its Attorney General, ) FINDINGS OF FACT,
Petitioner, ) CONCLUSIONS 07 LAW
vs. ) AND ORI
Joseph T. Deis, et a]. )
Leonard Youngquist, et al. )
• The Petition of the Town of Oak Park for an order of this Court directing
R. C. Peterson, Clerk of the above named Court, to endorse and deliver State
Treasurer's Warrant No. 374869 to the petitioner, came duly on to be heard by
and before the above named Court at a special term thereof held at the Court House
in the City of Stillwater, Washington County, Minnesota, on Monday, June 9, 1958,
pursuant to the order to show cause directed to the unknown heirs of Charles D.
: Ifelt, deceased, dated May 5, 1958.
Petitioner appeared by its attorneys, Messrs, Thorsen, Thorsen & Lawson, in
support of said petition. There was no appearance in opposition thereto, It
appeared to the Court that said Order to Show Cause had been published in the
Stillwater Weekly Gazette for the period required by said Order to Show Cause.
After hearing the evidence adduced in support of said petition and being fully
advised in the premises, the Court makes the following Findings of tact, Conclusions
of Law and Order, vies
IIIRIMALDAT
I.
That the petitioner is a municipal corporation, organized and existing under
and by virtue of the laws of the state of Minnesota, and one of the Towns in Washington
County, Minnesota.
II.
That until the award hereinafter referred to was made, it was the owner and in
possession of parcel 206A described in the above proceedings.
That in the above entitled proceeding, an award of $7,750.00 was made by the
Commissioners for said parcel 206A; that said award was made to said petitioner and
the unknown heirs of Chm.rles D. 4lfelt, deceased; that on or about April 22, 1958,
there was deposited in the office of the Clerk of the District Court of Washington
County, Minnesota, by the State of Minnesota, State Treasurer's Warrant No. 374869 in
payment of said award, which said warrant is payable to the Clerk of this Court and
is in his possession and files.
Iv.
That the heirs of said Charles D. Blfelt, deceased, are unknown to the petitioner;
that there is no one who has any interest in said award except said petitioner; that
said petitioner is now entitled to receive from said R.O. Peterson, said Clerk. said
pe , Clerk,
47,75O.00 warrant andito negotiate and collect the same.
coNoWsIosq of i 41
That said petition should be granted.
IT IS, THURPORE, HARRBY ORDRUD That R. C. Peterson, Clerk of the above named
Court be and he hereby is authorised`and directed to endorse said warrant and to
deliver the same to the s.etitioner or its- attorneys.
Y
Dated June 9, 1958,
ROLL IN G. JOHNSON
Judge of District Court