Details for CONDEMNATION NOTICE

Updated

CONDEMNATION
IN DISTRICT COURT
FIRST JUDICIAL DISTRICT
COURT FILE NO. 40-CV-20-673

STATE OF MINNESOTA
COUNTY OF LE SUEUR

State of Minnesota, by its Commissioner of Transportation,
Petitioner,
vs.
GW Holdings, LLC, 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 12, 2020, at 1:00 o’clock pm., or as soon
thereafter as counsel can be heard, in the Courthouse at Le Center, Le Sueur 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 December 17, 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 DECEMBER 17, 2020. All advertising signs or
devices located on the property being acquired must be removed by December 17, 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:
August 19, 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
CONDEMNATION
STATE OF MINNESOTA
IN DISTRICT COURT
COUNTY OF LE SUEUR
FIRST JUDICIAL DISTRICT
----State of Minnesota, by its Commissioner of Transportation,
Petitioner,
vs.
GW Holdings, LLC, Three Sixty Auto, Inc., County of Le Sueur, David E. Willis, LaRayne M. Willis, Casey’s
Retail Company, Bryan Suemnick, Elysian Bank, Suemnick’s Final Cut Tree Service LLC, Unknown heirs of
Emma Wagner, Richard G. Childs, Marlene F. Zimprich, City of Elysian, Unknown heirs of Emil Hruska, David
K Hruska, Linda J. Hruska, 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 60, being Route numbered 60, has been located according to law and
passes over the lands herein described.
That it is duly covered by Definite Location Orders numbered 13174 and 14251,
Amended Width Orders numbered 14584, 69686, 98439 and 98441, Amended Temporary Easement Order
numbered 98635, and Channel Change Orders numbered 68688 and 98713.
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, and an easement as to 4006-901
Parcels 225 and 227, 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.
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 Le Sueur 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:
EASEMENT ACQUISITION
Parcel 225 C.S. 4006 (60=60) 901
S.P. 4006-35RW
That part of Tract A described below:
Tract A. That part of Lots 6 and 7, Block 21, Amended Plat and Resurvey of Elysium Townsite, lying south of
Trunk Highway No. 60, according to the plat thereof on file and of record in the office of the County
Recorder in and for Le Sueur County, Minnesota;
which lies northerly of a line run parallel with and distant 5 feet southerly of the north line of said Lot 7; also a
right to use the following described strip for highway purposes, which right shall cease on December 1, 2025, or
on such earlier date upon which the Commissioner of Transportation determines it is no longer need for highway
purposes:
A strip being the northerly 10 feet of Tract A hereinbefore described, adjoining, southerly and easterly of the
above described strip.
Names of parties interested in the above described land and nature of interest:
GW Holdings, LLC
Fee
Three Sixty Auto, Inc.
Lessee
County of Le Sueur
Taxes and Special Assessments
FEE ACQUISITION
Parcel 226A C.S. 4006 (60=60) 901
S.P. 4006-35RW
All of Tract A described below:
Tract A. Block 20, Village of Elysian according to the Amended Plat and Resurvey of Elysium Townsite on file
and of record in the office of the Register of Deeds in and for Le Sueur County, Minnesota; together
with the vacated portion of First Street, lying easterly of said block and also the vacated portion of
Wisconsin Avenue, lying northerly of said block and southerly of the Railroad, according to said Plat,
which lies northeasterly of a line run parallel with and distant 75 feet southwesterly of the following
described line, beginning at a point on the west line of Section 35, Township 109 North, Range 24
West, distant 881.3 feet north of the southwest corner thereof, thence run southeasterly at an angle of
85 degrees 03 minutes with said west section line for a distance of 2700 feet and there terminating;
containing 43257 square feet, which is encumbered in its entirety by an existing highway easement.
Names of parties interested in the above described land and nature of interest:
David E. Willis
LaRayne M. Willis
County of Le Sueur

Record Fee

Taxes
Parcel 226B C.S. 4006 (60=60) 901
S.P. 4006-35RW
The right to use the northerly 25 feet of Tract A described below for highway purposes, which right shall cease on
December 1, 2025, 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 13, Block 20, City of Elysian, according to the plat thereof on file and of record in the office of
the County Recorder in and for Le Sueur County, Minnesota; excepting therefrom Trunk Highway

No. 60 as now located and established; excepting therefrom the existing pump bay and awning situate
thereon.
Names of parties interested in the above described land and nature of interest:
Casey’s Retail Company
Fee
County of Le Sueur
Taxes and Special Assessments
EASEMENT ACQUISITION
Parcel 227 C.S. 4006 (60=60) 901
S.P. 4006-35RW
That part of Tract A described below:
Tract A. The west 5 acres of Government Lot 3, Section 35, Township 109 North, Range 24 West, Le Sueur
County, Minnesota, in the Village of Elysian, which lies south of and is southerly of the right of way
of the Chicago Great Western Railway Company; except that part of said Government Lot 3 described
as follows: Beginning at the south quarter corner of said Section 35; thence on an assumed bearing of
North 00 degrees 51 minutes 50 seconds West along the west line of said Government Lot 3 a distance
of 333.32 feet; thence on a bearing of East a distance of 247.48 feet to the west line of First Street
formerly Fifth Street; thence South 00 degrees 51 minutes 50 seconds East along said west line a
distance of 333.32 feet to the south line of said Government Lot 3; thence on a bearing of West along
said south line a distance of 247.48 feet to the point of beginning; also excepting therefrom Trunk
Highway No. 60 as now located and established; which lies between two lines run parallel with and
distant 60 feet and 75 feet southerly of the following described line: Beginning at a point on Line 1
described below distant 190.7 feet westerly of its point of termination (measured along said Line 1);
thence westerly along said Line 1 for 200 feet and there terminating;
Line 1.
Beginning at a point on the west line of said Section 35, distant 881.3 feet north of the southwest
corner thereof; thence run southeasterly at an angle of 85 degrees 03 minutes from said west section
line (measured from south to west) for a distance of 3000 feet and there terminating; containing
52129 square feet, more or less; also a right to use the following described strip for highway purposes
which right shall cease on December 1, 2025, or on such earlier date upon which the Commissioner
of Transportation determine by formal order that it is no longer needed for highway purposes; A
strip being that part of Tract A hereinbefore described, adjoining and easterly of the above described
strip, which lies between two lines run parallel with and distant 50 feet and 65 feet southerly of the
following described line: Beginning at a point on Line 1 described below distant 190.7 feet westerly of
its point of termination (measured along said Line 1); thence easterly along said Line 1 to its point of
termination and there terminating; containing 1466 square feet, more or less.
Names of parties interested in the above described land and nature of interest:
Bryan Suemnick
Fee
Elysian Bank
Mortgage
Suemnick’s Final Cut Tree Service LLC
Lessee
County of Le Sueur
Taxes and Special Assessments
FEE ACQUISITION
Parcel 232 C.S. 4006 (60=60) 901
S.P. 4006-35RW
All of Tract A described below:
Tract A. Lots 1, 2 and 3 of Block 2, Town of Logan, now part of the Village of Elysian, according to the
plat thereof on file and of record in the office of the County Recorder in and for Le Sueur County,
Minnesota; which lies northerly of a line run parallel with and distant 110 feet southerly of the
following described line; Beginning at a point on the east line of Section 35, Township 109 North,
Range 24 West, distant 1657.9 feet south of the east quarter corner thereof, thence run southwesterly
at an angle of 71 degrees 05 seconds with said east section line, for a distance of 700.3 feet; thence
deflect to the right on a 01 degree 40 minute curve, delta angle 24 degrees 24 minutes for a distance of
1464.0 feet and there terminating; containing 12253 square feet, more or less, which is encumbered in
its entirely by an existing highway easement.
Names of parties interested in the above described land and nature of interest:
Unknown heirs of Emma Wagner Record Fee
Richard G. Childs
Claimant of an Interest
Marlene F. Zimprich
Claimant of an Interest
City of Elysian
Special Assessments
County of Le Sueur
Taxes
FEE ACQUISITION
Parcel 225 C.S. 4006 (60=60) 902
S.P. 4006-35RW
All of Tracts A and B described below:
Tract A. Lot F, except the east 1 rod, in the plat of the Southeast Quarter of the Southeast Quarter of Section
27, Township 109 North, Range 23 West, known as Brown & Hall’s Plat, and Addition to Waterville,
according to the plat thereof on file and of record in the office of the County Recorder in and for Le
Sueur County, Minnesota;
Tract B. Lot E of Brown & Hall’s Plat, an addition to Waterville, according to the plat thereof on file and of
record in the office of the County Recorder in and for Le Sueur County, Minnesota; which lies within
a distance of 75 feet on each side of the following described line: Beginning at a point on the east line
of said Section 27, distant 306.8 feet northerly of the southeast corner of said Section 27, thence run
southwesterly at an angle of 66 degrees 30 minutes with said east section line for a distance of 600
feet and there terminating; together with a strip of land 15 feet in width lying immediately adjacent
to and northwesterly of the above described strip: Beginning at a distance of 229.7 feet southwesterly
of the east line of said Section 27 (when measured along the above described line) and extending
southwesterly to the southwesterly line of the first above described tract; also together with a strip
of land 20 feet in width lying immediately adjacent to and southeasterly of the first above described
strip: Beginning at a distance of 229.7 feet southwesterly of the east line of said Section 27 (when
measured along the above described line) and extending southwesterly to the southwesterly line of
said first above described tract; also together with all that part of the second above described tract
lying northwesterly of the first above described strip and easterly of the following described line:
Beginning at a point on the northwesterly boundary of said first above described strip distant 50 feet
southwesterly of its intersection with a line run parallel with and distant 33 feet westerly of the east
line of said Section 27; thence run northeasterly to a point on said 33 foot parallel line, distant 50 feet
northerly of said intersection; thence run northerly and parallel with the east line of said Section 27 to
the north line of the second above described tract; also together with a strip of land 40 feet in width
to be used for channel change purposes only the center line of said strip being described as follows,
From a point on the first above described line distant 349.0 feet southwesterly of the east line of said
Section 27 (when measured along the first above described line) run northwesterly at right angles to
said first above described line for a distance of 90 feet to the point of beginning of line to be described;
thence continue along last described course for a distance of 110 feet and there terminating; also
together with a strip of land 40 feet in width to be used for channel change purposes only, the center
line of said strip being described as follows, from a point on the first above described line distant
349.0 feet southwesterly of the east line of said Section 27 run southeasterly at right angles to said
first above described line for a distance of 95 feet to the point of beginning of line to be described;
thence continue along last described course for a distance of 100 feet and there terminating, excepting
therefrom the right of way of existing highway.
Names of parties interested in the above described land and nature of interest:
Unknown heirs of Emil Hruska Record Fee
David K Hruska
Claimant of an Interest
Linda J. Hruska
County of Le Sueur
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:
August 11, 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
100737
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:
August 11, 2020
KEITH ELLISON
Attorney General
State of Minnesota
s/ Joseph Marek
JOSEPH MAREK
Assistant Attorney General
Atty. Reg. No. 0400168
90271 9/2, 9/9, 9/16 LCN

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