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CD-17-11 CONDEM. FALCON

Wednesday, February 7, 2018 - 11:20pm

CASE TYPE: CONDEMNATION
STATE OF MINNESOTA
DISTRICT COURT
COUNTY OF DAKOTA
FIRST JUDICIAL DISTRICT
The County of Dakota,
District Court File No. 19HA-CV- 18-137
(C.P. 26-47)
Petitioner,
NOTICE OF PUBLIC NEED
HEARING AND MOTION AND
HEARING FOR AN ORDER
v. TRANSFERRING TITLE AND
POSSESSION OF PROPERTY
Falcon Development Limited Partnership,
a Minnesota limited partnership, et al.
Respondents.
IN THE MATTER OF THE CONDEMNATION
OF CERTAIN LANDS FOR HIGHWAY PURPOSES
TO THE RESPONDENTS HEREINABOVE NAMED:
PLEASE TAKE NOTICE, YOU, and each of you, are hereby notified that on March 1, 2018 at 9:00 a.m., or as soon thereafter as counsel can be heard, in the Dakota County Judicial Center, 1560 Highway 55, Hastings, Dakota County, Minnesota, the Petitioner will present to the Court a Petition now on file with the Court for the condemnation of certain lands for highway purposes as describe in the Petition and identified in the attached Exhibit A.
This hearing is required by Minn. Stat. § 117.075. The Court will only hear testimony offered for or against granting the petition for condemnation. The Court will not hear testimony related to damages. The Petitioner prays for the appointment by the court of commissioners to ascertain and report damages that will be caused by the taking of said real estate interests.
YOU ARE FURTHER NOTIFIED, that at the same time and place as stated above, Petitioner will move the Court for an order authorizing Petitioner to cause the early transfer of title of the real estate interest described in the Petition in accordance with Minn. Stat. § 117.0142, effective as of April 20, 2018. At the March 1, 2018 hearing, the Petitioner will bring before the Court a motion for an order permitting the Petitioner to pay the Respondents or deposit into Court an amount equal to the approved appraised value of the affected real estate interests, thereby transferring title and possession to the real estate interests to the Petitioner as of the dates specified in
the order.
In accordance with the provisions of Minn. Stat. § 117.055, subd. 2, notice is hereby given that:
(1) any party wishing to challenge the public use or public purpose, necessity, or authority for a taking must appear at the court hearing on public need and state the objection or must appeal within 60 days of a court order approving public need; 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.
If the Court finds public need for the project has been proven, the Court will appoint condemnation commissioners to ascertain and report damages caused to the various owners resulting from the taking.
The objects of said Petition are to acquire fee simple absolute title, drainage and utility easements and temporary easements for highway purposes over the lands described in the Petition.
Dated: January 16, 2017.
JAMES C. BACKSTROM
DAKOTA COUNTY ATTORNEY
By /s/ Thomas R. Donely
Thomas R. Donely
Assistant County Attorney
Attorney Registration No. 349938
Dakota County Judicial Center
1560 Highway 55
Hastings, MN 55033
Telephone: (651) 438-4438
Email for eService only:
civilecourt@co.dakota.mn.us
** not for correspondence use
Attorney for Dakota County
NOTICE OF PUBLIC NEED HEARING
EXHIBIT A
The lands proposed to be acquired are situated in Dakota County, Minnesota, and are hereinafter described. The names of all persons appearing of record or known to Petitioner to be the owners of said land or to have an interest therein, together with the nature of the ownership or interest of each, as nearly as can be ascertained, are as
follows:
CONDEMINATION PARCES: Parcel 1 (470)
Legal description of permanent easement to be acquired for highway purposes, subject to existing easements and rights-of-way record:
Parcel 1 as shown or DAKOTA COUNTY ROAD RIGHT-OF WAY MAP NO. 470, according to the map on file and of recording the Dakota County Recorder's Office.
Parties of Interest
Name Nature of Interest
Falcon Development Limited Fee Owner
Partnership, a Minnesota limited
partnership
Gateway Bank organized and Mortgagee
existing under the laws of Minnesota
all other parties unknown Other potential
having any interest in the interest holders
premises described herein,
together with the unknown heirs
or devisees, if any, of any of
the parties that may be deceased
and including unknown spouses, if any
CONDEMINATION PARCELS: Parcel 2 (470) TE 2 (470)
Legal description of permanent easement to be acquired for highway purposes, subject to existing easements and rights-of-way record:
Parcel 2 as shown on DAKOTA COUNTY ROAD RIGHT-OF WAY MAP NO.470, according to the map on file and of record in the Dakota County Recorder's Office.
Legal description of temporary easement to be acquired for construction purposes subject to existing easements and rights-of-way record:
TE 2 as shown on DAKOTA COUNTY ROAD RIGHT-OF-WAY MAP NO. 470, according to the map on file and of record in the Dakota County Recorder's Office.
Parties of Interest
Name Nature of Interest
Falcon Development Limited Fee Owner
Partnership, a Minnesota limited
partnership
Magellan Pipeline LP Easement Holder
all other parties unknown Other potential
having any interest in the interest holders
premises described together
with the unknown heirs or
devisees, if any, of any of the
parties that may be deceased
and including unknown spouses,
if any
CONDEMNATON PARCELS: Parcel 3 (470)
Legal description of permanent easement to be acquired for highway purposes, subject to
existing easements and rights-of-way record:
Parcel 3 as shown on DAKOTA COUNTY ROAD RIGHT-OF-WAY MAP NO. 470, according to the map on file and of record in the Dakota County Recorder's Office.
Parties of Interest
Name Nature of Interest
Herman, Robert R. Fee Owner
all other parties unknown
having any interest in the Other potential
premises described herein, interest holders
together with the unknown
heirs or devisees, if any, of any
of the parties that may be deceased
and including unknown spouses, if any
CONDEMNATON PARCES: TE 5 (470)
Parcel 5 (470)
Legal description of temporary easement to be acquired for construction purposes subject to existing easements and rights-of-way record:
TE 5 as shown on DAKOTA COUNTY ROAD RIGHT-OF-WAY MAP NO, 470, according to the map on file and of record in the Dakota County Recorder's Office.
Legal description of permanent easement to be acquired for highway purposes, subject to existing easements and rights-of-way record:
Parcel 5 as shown on DAKOTA COUNTY ROAD RIGHT OF WAY MAP NO. 470, according to the map on file and of record in the Dakota County Recorder's Office.
Parties of Interest
Name Nature of Interest
Braun, Virginia Fee Owner
Braun, Maurice Fee Owner
Xcel Energy Inc Easement Holder
all other parties unknown Other potential
having any interest in the interest holders
premises described herein,
together with the unknown
heirs or devisees, if any, of
any of the parties that may
be deceased and including
unknown spouses, if any
CONDEMINATION PARCELS: DU 7(470)
Parcel 7 (470)
Legal description of permanent easement to be acquired for drainage and utility purposes, subject to existing easements and rights-of-way record:
DU 7 as shown on DAKOTA COUNTY ROAD RIGHT-OF-WAY MAP NO. 470, according to the map on file and of record in the Dakota County Recorder's Office
Legal description of permanent easement to be acquired for highway purposes, subject to existing easements and rights-of-way record:
Parcel 7 as shown on DAKOTA COUNTY ROAD RIGHT OF WAY MAP NO. 470, according to the map on file and of record in the Dakota County Recorder's Office.
Parties of Interest
Name Nature of Interest
Weikleenget, Yukie Fee Owner
Weikleenget, Todd Wesley Fee Owner
Mortgage Electronic Registration
Systems Inc Mortgagee
all other parties unknown Other potential
having any interest in the interest holders
premises described herein,
together with the unknown
heirs or devisees, if any, of
any of the parties that may
be deceased and including
unknown spouses, if any
CONDEMINATION PARCELS: DU 8 (470)
Parcel 8 (470)
Legal description of permanent easement to be acquired for drainage and utility purposes, subject to existing easements and rights-of-way record:
DU 8 as shown on DAKOTA COUNTY ROAD RIGHT-OF-WAY MAP NO. 470, according to the map on file and of record in the Dakota County Recorder's Office. Legal description of permanent easement to be acquired for highway and ponding purposes, subject to existing easements and rights-of-way record:
Parcel 8 as shown on DAKOTA COUNTY ROAD RIGHT-OF-WAY MAP NO. 470, according to the map on file and of recording the Dakota County Recorder's Office.
Parties of Interest
Name Nature of Interest
Kath. Fuel Oil Service Co., Fee Owner
a Minnesota corporation
Peoples Bank Midwest FKA Mortgagee
Summit Community Bank Other potential
all other parties unknown interest holders
having any interest in the
premises described herein, together
with the unknown heirs or
devisees, if any, of any of the
parties that may be deceased
and including unknown spouses, if any
CONDEMNATION PARCELS: Parcel 9 (470)
Legal description of permanent easement to be acquired for highway purposes, subject to existing easements and rights-of-way record:
Parcel 9 as shown on DAKOTA COUNTY ROAD RIGHT-OF WAY MAP NO. 470, according to the map on file and of record in the Dakota County Recorder's Office.
Parties of Interest
Name Nature of Interest
Kortus-Moehnke, Fee Owner
Georgia Ann
Wells Fargo Bank National Mortgagee
Association
all other parties unknown Other potential
having any interest in the interest holders
premises described herein,
together with the unknown heirs
or devisees, if any, of any of the
parties that may be deceased
and including unknown spouses,
if any
CONDEMNATION PARCELS: Parcel 10 (470) Legal description of permanent easement to be acquired for highway purposes, subject to existing easements and rights-of-way record:
Parcel 10 as show on DAKOTA COUNTY ROAD RIGHT-OF WAY MAP NO. 470, according to the map on file and of record in the Dakota County Recorder's Office.
Parties of Interest
Name Nature of Interest
Bergquist, Jeffrey Fee Owner
Huggins, Susan L. Fee Owner
Mortgage Electronic Registration Mortgagee
Systems Inc
US Bank National Association Mortgagee
all other parties unknown other potential
having any interest in the interest holders
premises described herein, together
with the unknown heirs interest
holders or devisees, if any, of any
of the parties that may be deceased
and including unknown spouses, if any
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