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CD-17-7 CASTLE

Wednesday, February 7, 2018 - 11:20pm

CASE TYPE: CONDEMNATION
STATE OF MINNESOTA
DISTRICT COURT
COUNTY OF DAKOTA
FIRST JUDICIAL DISTRICT
The County of Dakota,
(C.P. 86-32)
District Court File No. 19HA-CV-18-177
NOTICE OF PUBLIC NEED
Petitioner, HEARING AND MOTION AND
HEARING FOR AN ORDER
v. TRANSFERRING TITLE AND
POSSESSION OF PROPERTY
Castle Rock and Roll, LLC, 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 8, 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 15, 2018. At the March 8, 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. 349938Dakota 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:
CONDEMNATION PARCELS: TE 1 (460)
Legal description of temporary easement to be acquired for construction purposes subject to
existing easements and rights-of-way record:
TE as shown on DAKOTA COUNTY ROAD RIGHT OF-WAY MAP NO. 460, according to the map on file and of record in the Dakota County Recorder's Office.
Parties of Interest
Name Nature of Interest
Castle Rock and Roll, LLC Fee Owner
Simman, Inc. dba Simman Contract Purchaser
L.L.C.
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 3 (460)
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. 460, according to the map on file and of recording the Dakota County Recorder's Office.
Parties of Interest
Name Nature of Interest
Donnelly Farms L.P., a Fee Owner
Minnesota limited liability
partnership
all other parties unknown having Other potential
any interest in the premises interest holders
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 19 (460)
Legal description of permanent easement to be acquired for highway purposes, subject to
existing easements and rights-of-way record:
Parcel 19 as shown on DAKOTA COUNTY ROAD RIGHT OF WAY MAP NO. 460, according to the map on file and of recording the Dakota County Recorder's Office.
Parties of Interest
Name Nature of Interest
Speight Tracy L. Fee Owner
Speight Jason R. Fee Owner
The Bank of New York Mellon Mortgagee
fka. The Bank of New York, as
Trustee for the Certificateholders
CWALT, Inc. Alternative
Loan Trust 2006-46, Mortgage Mortgagee
Pass-Through Certificates,
Series 2006-46
Bank of America fka Countrywide
Home Loans of Minnesota, Inc.,
a Minnesota corporation
all other parties unknown having Other potential
any interest in the premises interest holders
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 20 (460)
Legal description of permanent easement to be acquired for highway purposes, subject to
existing easements and rights-of-way record:
Parcel 20 as shown on DAKOTA COUNTY ROAD RIGHT-OF-WAY MAP NO. 460, according to the map on file and of record in the Dakota County Recorder's Office.
Parties of Interest
Name Nature of Interest
Quinnell, Bonnie J. Fee Owner
Quinnell, Brett H. Fee Owner
Dakota Electric Association, Easement Holder
a Minnesota Corporation
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 21 (460)
Legal description of permanent easement to be acquired for highway purposes, subject to
existing easements and rights-of-way record:
Parcel 21 as shows on DAKOTA COUNTY ROAD RIGHT-OF WAY MAP NO. 460, according to the map on file and of recording the Dakota County Recorder's Office.
Parties of Interest
Name Nature of Interest
Root Dawn C. Fee Owner
Root, James QB Fee Owner
Mortgage Electronic Registration Mortgagee
Systems, Inc., a Delaware
corporation as nominee for
New Penn
all other parties unknown having Other potential
any interest in the premises interest holders
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 27 (460) Legal description of permanent easement to be acquired for highway purposes, subject to existing easements and rights-of-way record:
Parcel 27 as shown on DAKOTA COUNTY ROAD RIGHT OF WAY MAP NO. 460, according to the map on file and of recording the Dakota County Recorder's Office.
Parties of Interest
Name Nature of Interest
Sanford, Jody L. Fee Owner
Sanford, Bradley W. Fee Owner
Wells Fargo Bank.N.A. Mortgagee
U.S. 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 or devisees, if any, of
any of the parties that may be
deceased and including unknown
spouses, if any
CONDEMNATION PARCELS: Parcel 33(460) Parcel 32 (460)
Legal description of permanent easement to be acquired for highway purposes, subject to existing easements and rights-of-way record:
Parcel 33 as shown on DAKOTA COUNTY ROAD RIGHT-OF-WAY MAP NO, 460, according to the map on file and of recording 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 32 as shown on DAKOTA COUNTY ROAD RIGHT-OF WAY MAP NO. 460, according to the map on file and of recording the Dakota County Recorder's Office.
Parties of Interest
Name Nature of Interest
Thao, Moua Fee Owner
Thao, Xe Fee Owner
Mortgage Electronic Registration Mortgagee
Systems, Inc., a Delaware
corporation as nominee for
New Penn Financial, LLC,
a Delaware limited liability company
all other parties unknown having Other potential
any interest in the premises interest holders
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 34 (460)
Legal description of permanent easement to be acquired for highway purposes, subject to
existing easements and rights-of-way record:
Parcel 34 as shown on DAKOTA COUNTY ROAD RIGHT-OF WAY MAP NO. 460, according to the map on file and of record in the Dakota County Recorder's Office.
Parties of Interest
Name Nature of Interest
Johnson, Warren Ernst Fee Owner
Wells Fargo Bank, N.A. Mortgagee
Premier Bank 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
CONDEMNATION PARCELS: Parcel 35(460)
Legal description of permanent easement to be acquired for highway purposes, subject to
existing easements and rights-of-way record:
Parcel 35 as shown on DAKOTA. COUNTY ROAD RIGHT-OF WAY MAP NO. 460, according to the map on file and of recording the Dakota County Recorder's Office.
Parties of Interest
Name Nature of Interest
Wenstad, Melvin Fee Owner
Wenstad, Mary Lou Fee Owner
Dakota County Community Mortgagee
Development Agency fka
Dakota County Housing and
Redevelopment Authority
Northern Natural Gas Easement Holder
Company, a Delaware corporation
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
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