Public Notices January 13, 2019 South-West Review

Public Notices, Foreclosure Notices & Legal Notices published January 13, 2019 in the South-West Review.

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 Public Notices

NOTICE OF CONDOMINIUM ASSOCIATION LIEN FORECLOSURE SALE 

WHEREAS, default has been made in the terms and conditions of the Declaration for Fairway Village, a Condominium, Condominium Number 120 (henceforth the Declaration) dated May 18, 1994 and recorded in the office of the County Recorder in and for Dakota County, Minnesota on May 27, 1994 as Document No. 1219417, as amended by Document No. 1266722 which said Declaration covers the following described property situated in the County of Dakota and State of Minnesota, to-wit: 

Unit No. 116, Condominium No. 120, Fairway Village, according to the plat thereof on file or of record in the Office of the County Recorder in and for Dakota County, Minnesota. 

Street Address: 8739 Benson Way, Inver Grove Heights, MN 

PID #20-25680-04-116 

WHEREAS, pursuant to said Declaration, there is claimed to be due and owing as of the date of this Notice by Scott Beebe as unit owner to Fairway Village Homeowners Association, Inc., the principal amount of Two Thousand Five Hundred Fifty-four Dollars and 50/100 ($2,554.50) for condominium assessments through December, 2018; and no action being now pending at law or otherwise to recover said debt or any part thereof, and; 

WHEREAS, pursuant to said Declaration, and the statute in such case made and provided, said debt creates a lien upon said premises in favor of Fairway Village Homeowners Association, Inc. 

NOW, THEREFORE, notice is hereby given that by virtue of the power of sale created by statute, said lien will be foreclosed by the sale of said premises with the hereditaments and appurtenances, which said sale will be made by the Sheriff of Dakota County, Minnesota at the Sheriff=s main office in the Dakota County Courthouse Civil Division, 1580 Highway 55 - lobby S-100, in the City of Hastings in said County on February 28, 2019 at 10:00 a.m., at public auction to the highest bidder, for cash, to pay the amount then due for said condominium assessments, together with the costs of foreclosure, including attorney=s fees as allowed by law. The time allowed by law for redemption by the unit owner, his personal representatives or assigns, is six (6) months from the date of said sale. 

TIME AND DATE TO VACATE PROPERTY: If the real estate is an owner-occupied single family dwelling, unless otherwise provided by law, the date on or before which the unit owners must vacate the property if the lien is not reinstated under section 580.30 or the property is not redeemed under section 580.23 is 11:59 p.m. on August 28, 2019. If the foregoing date is a Saturday, Sunday or legal holiday, then the date to vacate the property is the next business day at 11:59 p.m. 

Dated: December 7, 2018

FAIRWAY VILLAGE HOMEOWNERS ASSOCIATION, INC.

FULLER, SEAVER, SWANSON & KELSCH, P.A. 

By: Timothy D. Fuller 32694 

12400 Portland Avenue South, Suite 132 

Burnsville, MN 55337 

(952) 890-0888 

Attorneys for Fairway Village Homeowners Association, Inc.

(South-West Review: Dec. 16, 23, 30, 2018 Jan. 6, 13, 20, 2019)

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CERTIFICATE OF

ASSUMED NAME

STATE OF MINNESOTA

Minnesota Statutes Chapter 333: 

1. List the exact assumed name under which the business is or will be conducted: Clear Stream Sales 

2. Principal Place of Business: 2204 Aztec Lane, Mendota Heights, MN, 55120, USA 

3. List the name and complete street address of all persons conducting business under the above Assumed 

Name: Clear Stream Sales 

Address: 2204 Aztec Lane, Mendota Heights, MN, 55120, USA 

4. I, the undersigned, certify that I am signing this document as the person whose signature is required, or as agent of the person(s) whose signature would be required who has authorized me to sign this document on his/her behalf, or in both capacities. I further certify that I have completed all required fields, and that the information in this document is true and correct and in compliance with the applicable chapter of Minnesota Statutes. I understand that by signing this document I am subject to the penalties of perjury as set forth in Section 609.48 as if I had signed this document under oath. 

Date: 12-26-2018

/s/ Erik Swenson

(South-West Review: Jan. 13, 20, 2019)

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INVITATION FOR QUOTATIONS STUDENT 

TRANSPORTATION SERVICES

SOUTH ST. PAUL PUBLIC SCHOOLS SPECIAL SCHOOL 

DISTRICT NO. 6 

NOTICE IS HEREBY GIVEN that Written Quotations from qualified service providers will be received by Special School District 6, located 104 5th Avenue South, South St. Paul, MN 55075-2095 until 10:00 AM CST, Tuesday, February 26, 2019, for the purchase of student transportation services commencing with school year 2019-20. 

Quotations must be mailed or delivered, on or before the above date and time, in an envelope clearly marked “STUDENT TRANSPORTATION SERVICES” to: 

Aaron Bushberger 

Finance Director 

South St. Paul Public Schools 

104 5th Avenue South 

South St. Paul, MN 55075-2095 

On the above date and time authorized persons of Special School District No. 6 will publicly open the Written Quotations received and read aloud the names. 

Information about this contract may be obtained by contacting Tom Watson, The Watson Consulting Group at 612-751-0124. 

After reviewing the Written Quotations received, the District may request additional information or enter into direct negotiations with one or more qualified student transportation services provider(s) for a student transportation services contract(s) with terms, rates and provisions agreeable to the District. The District, at its sole discretion, may award a contract to more than one interested qualified service provider. 

Special School District 6 is using the written quotation and direct negotiation process established by Minnesota Statute 2018, Section 123B.52, Subd. 3 for the procurement of this contract, and disclaims usage of any other contract procurement options allowed under applicable law. The School District reserves the right to reject any and all quotations and waive irregularities therein, and further reserves the right to award a contract to the lowest responsible service provider(s) that is in the best interest of Special School District 6.

Dr. David Webb

Superintendent of Schools

South St. Paul Public Schools, Special District 6

(South-West Review :January 6, 13, 2019)

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NOTICE OF PUBLIC HEARING

TO WHOM IT MAY CONCERN: 

NOTICE IS HEREBY GIVEN that the City Council of South St. Paul will meet in the Council Chambers at the South St. Paul City Hall, 125 3rd Avenue North, South St. Paul, MN 55075 at 7:00 P.M. on Tuesday, January 22, 2019 to consider the following local improvements pursuant to Minnesota Statutes, Sections 429.011 to 429.111: 

Street, sidewalk and curb removal, grading, gravel base, storm sewer, sanitary sewer adjustments, watermain replacement, concrete curb & gutter, concrete sidewalk, traffic control changes, street scape amenities, bituminous surfacing, and restoration. 

To the following local streets: 

5th Avenue South from Southview Boulevard to I-494 

The projects are proposed to be specially assessed on an area or frontage basis, or combination thereof, against properties abutting or tributary to said improvements, or served by said improvements. The estimated total cost of such improvements is $5,408,000. At the public hearing, the City will have available a reasonable estimate of the impact of the special assessments by providing the estimated amount of the special assessment to be levied for each parcel proposed to be assessed; this amount will be an estimate only and is subject to change at the time the special assessments for the improvement project are actually levied. 

Feasibility reports concerning said improvements are on file with the City Engineer and are available for inspection at City Hall, 125 3rd Avenue North, South St. Paul, MN 55075. 

Such persons who wish to be heard with reference to the proposed improvements will be heard at this meeting. Written or oral objections will be considered at the public hearing.

Christy M. Wilcox

City Clerk

(South-West Review :January 6, 13, 2019)

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NOTICE OF PUBLIC SALE 

NOTICE IS HEREBY GIVEN that on February 13th at 10:00am at 1975 85th St. West, Inver Grove Heights, MN 55077 and the following manufactured home will be sold by public auction by the Sheriff Dakota County: A 1993 FAIR MH manufactured home, 28’x 66’, and serial No. MY9387777ABK, located at 1975 85th St. West, Inver Grove Heights, MN 55077. This sale will be held to satisfy a claim held by Bayshore Home Sales, Emerald Hills Village upon the above described property and owned by Patrick Parrott and Phyllis Parrott. 1st Secured Party. The property has been abandon in the Emerald Hills Village. The amount of the claim against the above referenced property is $1562.04 computed to the date of sale, exclusive of expenses of said sale and the advertising thereof. 

Date January 14th, 2019 

Bayshore Home Sale Inc 

Emerald Hills Village 

(by) a Nina Mancino 

8555 Bacardi Ave W 

Inver Grove Heights, MN 55077 

651-454-8128

(South-West Review: Jan. 13, 20, 27, 2019)

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INDEPENDENT SCHOOL DISTRICT #197

1897 Delaware Avenue 

Mendota Heights, MN 55118

PUBLISHED ANNOUNCEMENT 

NOTICE IS HEREBY GIVEN that School District #197, is soliciting sealed bids for roofing & sheet metal work related to new additions on various district buildings. Sealed bids shall be received until: 2:00 pm, January 24th, 2019 at the School District Office, 1897 Delaware Avenue, Mendota Heights, MN 55118, Room A241 where they will be publicly opened and read aloud. Bids sent via FAX will not be accepted. The Board reserves the right to accept or reject any and all bids as it deems to be in the best interest of Independent School District 197. 

Bidding documents and specifications will be available through ICS Consulting, 3890 Pheasant Ridge Drive NE, Suite 180, Blaine, MN 55449. For electronic access to the bidding documents please contact the owners representative at 763-354-2670. 

The name and address of the bidder must be placed on the envelope and submitted to: 

Mark Fortman 

Director of Operations 

Independent School District 197 

1897 Delaware Avenue 

Mendota Heights, MN 55118

(South-West Review: Jan. 13, 20, 2019)

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GARLOUGH ENVIRONMENTAL 

MAGNET SCHOOL

WEST SAINT PAUL, MN

DOCUMENT 00 11 13

ADVERTISEMENT FOR BIDS 

ARCHITECT: 

Lawal Scott Erickson Architects, Inc. (LSE) 

100 Portland Avenue South, 

Suite 100 Minneapolis, MN 55401 

Phone: 612-343-1010 

OWNER’S REPRESENTATIVE: 

ICS Consulting, Inc. 

3890 Pheasant Ridge Drive NE, 

Suite 180 Blaine, MN 55449 

Phone: 763 354-2670 

PROJECT: 

GARLOUGH ENVIRONMENTAL MAGNET SCHOOL 

Independent School District 197 1740 Charlton Street 

West Saint Paul, MN 55118 

LSE Project No.: 18.1008.02 

January 18, 2019 

Independent School District 197 - West St. Paul – Mendota Heights – Eagan Area Schools, 1897 Delaware Avenue, Mendota Heights, MN 55118 requests sealed bids on a General Contract, including Fire Protection, Plumbing, HVAC, Electrical and Civil work for the remodeling of and the additions to the Garlough Environmental Magnet School. 

The Work consists of new classrooms and a new kitchen of single-story steel-framed/steel stud structure, slab-on-grade structure, architectural precast concrete wall panels and metal wall panel facade, aluminum frame and glass fenestrations; interior demolition and remodeling of existing administration area, kindergarten rooms, art rooms, special education rooms, other classrooms, hallways and interior construction of a new commons area with new interior finishes of tiled resilient and carpeted floors, painted gypsum wall board, and acoustical ceilings; demolition of existing plumbing, HVAC and electrical systems for construction of new systems throughout; and reclaimed and new bituminous paved parking lots and bus staging area, concrete paving, site utilities, new underground retention system, and new landscape. 

Multi-ply membrane roofing system, standing seam metal roofing, roof insulation and metal copings and flashings will be issued and provided under separate contract by the Owner’s roofing consultant and Owner’s separate installer. 

The Project areas include the existing building of approximately 53,000 gross sq. ft., the additions of approximately 7,300 gross sq. ft. for a total approximate building area of 61,300 gross sq. ft. The Project site area is approximately 12.6 acres. 

Bids shall be on a Stipulated Lump Sum basis. Segregated bids will not be accepted. 

Independent School District 197 will receive Bids until 2:00 PM Central Time on Thursday, February 7, 2019, at the District Office, front desk, at 1897 Delaware Avenue, Mendota Heights, MN 55118. Bids received after this time will not be accepted. Bids will be opened publicly and read aloud. 

Bids shall be addressed to the attention of: Mark Fortman, Director of Operations 

Bid Documents 

A Prebid Conference will be held beginning promptly at 3:00 PM, Central Time on Friday, January 25, 2019, at the Garlough Environmental Magnet School at 1740 Charlton Street, West Saint Paul, MN 55118. Meet at the main entrance of the school building. The Owner’s Representative will arrange for entry into the building. 

Contract time, pre-construction activities and submittals work related to the Project may commence immediately after receipt of the executed Owner-Contractor Agreement. Interior Work may not begin until after June 10, 2019. 

Project shall be Substantially Complete by August 16, 2019, and Final Completion shall be by August 31, 2019. 

Electronic versions of the Bidding Documents (Drawings, Project Manual and Addenda), are available by contacting the Owner’s Representative at the phone number above. The Owner’s Representative will provide the Bidders access to the cloud-based provider Procore Technologies, Inc. for access to the documents and provide the Bidders locations of builders’ exchanges holding documents for Bidders’ review. Bidders are responsible for periodic review of the cloud-based provider’s website for issued addenda. Bidders are responsible for any and all costs associated with the hard copy printing of the Bidding Documents for their use. 

For Bidding Requirements, refer to AIA Document A701 – Instruction to Bidders included in the Project Manual. 

A Bid Security in the form of a certified check, a cashier’s check or a Bid Bond in the amount of 5 percent of the Bid must accompany each Bid in accordance with the AIA Document A701 - Instructions to Bidders, Subparagraph 4.2.1. 

Owner may make investigations as deemed necessary to determine the ability and responsibility of a Bidder to perform the Work. A Bidder shall furnish to Owner such information and data for this purpose in accordance with the requirements in AIA Document A701 - Instructions to Bidders. 

Owner reserves the right to (1) accept Bidder’s Base Bid only, (2) accept any one or more of the listed Alternates in any order regardless of the order in which they are listed on the Bid Form, (3) reject all Bids, (4) award contract based on Owner’s investigation of Bidders, as well as acceptance of alternates, all of which Owner deems to be in his best interest, (5) waive informalities or minor irregularities in Bids and waive minor irregularities or discrepancies in the Bidding procedure. 

(South-West Review: Jan. 13, 20, 27, 2019)

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MORELAND ARTS & HEALTH SCIENCES MAGNET SCHOOL

WEST SAINT PAUL, MN

DOCUMENT 00 11 13

ADVERTISEMENT FOR BIDS 

ARCHITECT: 

Lawal Scott Erickson Architects, Inc. (LSE) 

100 Portland Avenue South, 

Suite 100 Minneapolis, MN 55401 

Phone: 612-343-1010 

OWNER’S REPRESENTATIVE: 

ICS Consulting, Inc. 

3890 Pheasant Ridge Drive NE, 

Suite 180 

Blaine, MN 55449 

Phone: 763 354-2670 

PROJECT: 

MORELAND ARTS & HEALTH SCIENCES MAGNET SCHOOL 

Independent School District 197 

217 Moreland Avenue West West 

Saint Paul, MN 55118 

LSE Project No.: 18.1008.03 

January 11, 2019 

Independent School District 197 – West St. Paul – Mendota Heights – Eagan Area Schools, 1897 Delaware Avenue, Mendota Heights, MN 55118 requests sealed bids on a General Contract, including Fire Protection, Plumbing, HVAC, Electrical and Civil work for the remodeling of and the additions to the Moreland Arts & Health Sciences Magnet School. 

The Work consists of construction of new classrooms with new commons areas and a new kitchen of single-story steel-framed/steel stud structure and concrete slab-on-grade; construction of a new cafeteria and new mechanical room of 2-story steel-framed/steel stud structure, concrete slab-on-grade and structural composite concrete slab; architectural precast concrete wall panels and metal wall panels on steel stud framing, aluminum frame and glass fenestrations; interior demolition and remodeling of existing classrooms and hallways; new interior finishes of tiled, resilient and carpeted floors, painted gypsum wall board, and acoustical ceilings; demolition of existing plumbing, hot water heating system, HVAC and electrical systems for construction of new systems throughout; minor bituminous and concrete paving, grading and erosion control. 

Multi-ply membrane roofing system, roof insulation and metal copings and flashings will be issued and provided under separate contract by the Owner’s roofing consultant and Owner’s separate installer. 

The Project areas include the existing building of approximately 67,800 gross sq. ft., the additions of approximately 9,500 gross sq. ft. for a total approximate building area of 77,300 gross sq. ft. The Project site area is approximately 8.6 acres. 

Bids shall be on a Stipulated Lump Sum basis. Segregated bids will not be accepted. 

Independent School District 197 will receive Bids until 2:00 PM Central Time on Thursday, January 31, 2019, at the District Office, front desk, at 1897 Delaware Avenue, Mendota Heights, MN 55118. Bids received after this time will not be accepted. Bids will be opened publicly and read aloud. 

Bids shall be addressed to the attention of: Mark Fortman, Director of Operations 

Bid Documents 

A Prebid Conference will be held beginning promptly at 3:00 PM, Central Time on Friday, January 18, 2019, at the Moreland Arts & Health Sciences Magnet School, 217 Moreland Avenue West, West Saint Paul, MN 55118. Meet at the main entrance of the school building. The Owner’s Representative will arrange for entry into the building. 

Contract time, pre-construction activities and submittals work related to the Project may commence immediately after receipt of the executed Owner-Contractor Agreement. Interior Work may not begin until after June 10, 2019. 

Project shall be Substantially Complete by August 16, 2019, and Final Completion shall be by August 31, 2019. 

Electronic versions of the Bidding Documents (Drawings, Project Manual and Addenda), are available by contacting the Owner’s Representative at the phone number above. The Owner’s Representative will provide the Bidders access to the cloud-based provider Procore Technologies, Inc. for access to the documents and provide the Bidders locations of builders’ exchanges holding documents for Bidders’ review. Bidders are responsible for periodic review of the cloud-based provider’s website for issued addenda. Bidders are responsible for any and all costs associated with the hard copy printing of the Bidding Documents for their use. 

For Bidding Requirements, refer to AIA Document A701 – Instruction to Bidders included in the Project Manual. 

A Bid Security in the form of a certified check, a cashier’s check or a Bid Bond in the amount of 5 percent of the Bid must accompany each Bid in accordance with the AIA Document A701 - Instructions to Bidders, Subparagraph 4.2.1. 

Owner may make investigations as deemed necessary to determine the ability and responsibility of a Bidder to perform the Work. A Bidder shall furnish to Owner such information and data for this purpose in accordance with the requirements in AIA Document A701 - Instructions to Bidders. 

Owner reserves the right to (1) accept Bidder’s Base Bid only, (2) accept any one or more of the listed Alternates in any order regardless of the order in which they are listed on the Bid Form, (3) reject all Bids, (4) award contract based on Owner’s investigation of Bidders, as well as acceptance of alternates, all of which Owner deems to be in his best interest, (5) waive informalities or minor irregularities in Bids and waive minor irregularities or discrepancies in the Bidding procedure. 

(South-West Review: Jan. 13, 20, 27, 2019)

_____

PILOT KNOB STEM 

MAGNET SCHOOL

EAGAN, MN

DOCUMENT 00 11 13

ADVERTISEMENT FOR BIDS 

ARCHITECT: 

Lawal Scott Erickson Architects, Inc. (LSE) 

100 Portland Avenue South, 

Suite 100 

Minneapolis, MN 55401 

Phone: 612-343-1010 

OWNER’S REPRESENTATIVE: 

ICS Consulting, Inc. 

3890 Pheasant Ridge Drive NE, 

Suite 180 

Blaine, MN 55449 

Phone: 763 354-2670 

PROJECT: 

PILOT KNOB STEM MAGNET SCHOOL 

Independent School District 197 

1436 Lone Oak Road 

Eagan, MN 55121 

LSE Project No.: 18.1008.04 

January 18, 2019 

Independent School District 197 – 

West St. Paul – Mendota Heights – 

Eagan Area Schools, 1897 Delaware Avenue, Mendota Heights, MN 55118 requests sealed bids on a General Contract, including Fire Protection, Plumbing, HVAC, Electrical and Civil work for the remodeling of and the additions to the Pilot Knob STEM Magnet School. 

The Work consists of new classrooms of single-story steel-framed/steel stud structure, slab-on- grade, architectural precast concrete panel and metal wall panel facade, aluminum frame and glass fenestrations; interior demolition and remodeling of existing media center, commons area, art rooms, classrooms and hallways with new interior finishes of tiled, resilient and carpeted floors, painted gypsum wall board, acoustical ceilings; demolition of existing plumbing, hot water heating, HVAC and electrical systems for construction of new systems throughout; and reclaimed and new bituminous paved parking lots and bus staging area, new concrete paving, new grading, relocation of existing playground area, site retaining walls, vehicle control devices, and new landscape. 

Multi-ply membrane roofing system, roof insulation and metal copings and flashings will be issued and provided under separate contract by the Owner’s roofing consultant and Owner’s separate installer. 

The Project areas include the existing building of approximately 64,400 sq. ft., the additions of approximately 7,300 sq. ft. for a total approximate building area of 55,600 gross sq. ft. The Project site area is approximately 12.3 acres. 

Bids shall be on a Stipulated Lump Sum basis. Segregated bids will not be accepted. 

Independent School District 197 will receive Bids until 2:00 PM Central Time on Tuesday, February 5, 2019, at the District Office, front desk, at 1897 Delaware Avenue, Mendota Heights, MN 55118. Bids received after this time will not be accepted. Bids will be opened publicly and read aloud. 

Bids shall be addressed to the attention of: Mark Fortman, Director of Operations 

Bid Documents 

A Prebid Conference will be held beginning promptly at 3:00 PM, Central Time on Wednesday, January 23, 2019, at the Pilot Knob STEM Magnet School at 1436 Lone Oak Road, Eagan, MN 55121. Meet at the main entrance of the school building. The Owner’s Representative will arrange for entry into the building. 

Contract time, pre-construction activities and submittals work related to the Project may commence immediately after receipt of the executed Owner-Contractor Agreement. Interior Work may not begin until after June 10, 2019. 

Project shall be Substantially Complete by August 16, 2019, and Final Completion shall be by August 31, 2019. 

Electronic versions of the Bidding Documents (Drawings, Project Manual and Addenda), are available by contacting the Owner’s Representative at the phone number above. The Owner’s Representative will provide the Bidders access to the cloud-based provider Procore Technologies, Inc. for access to the documents and provide the Bidders locations of builders’ exchanges holding documents for Bidders’ review. Bidders are responsible for periodic review of the cloud-based provider’s website for issued addenda. Bidders are responsible for any and all costs associated with the hard copy printing of the Bidding Documents for their use. 

For Bidding Requirements, refer to AIA Document A701 – Instruction to Bidders included in the Project Manual. 

A Bid Security in the form of a certified check, a cashier’s check or a Bid Bond in the amount of 5 percent of the Bid must accompany each Bid in accordance with the AIA Document A701 - Instructions to Bidders, Subparagraph 4.2.1. 

Owner may make investigations as deemed necessary to determine the ability and responsibility of a Bidder to perform the Work. A Bidder shall furnish to Owner such information and data for this purpose in accordance with the requirements in AIA Document A701 - Instructions to Bidders. 

Owner reserves the right to (1) accept Bidder’s Base Bid only, (2) accept any one or more of the listed Alternates in any order regardless of the order in which they are listed on the Bid Form, (3) reject all Bids, (4) award contract based on Owner’s investigation of Bidders, as well as acceptance of alternates, all of which Owner deems to be in his best interest, (5) waive informalities or minor irregularities in Bids and waive minor irregularities or discrepancies in the Bidding procedure. 

(South-West Review: Jan. 13, 20, 27, 2019)

_____

ISD #197 WEST ST. PAUL-MENDOTA HEIGHTS-EAGAN AREA SCHOOLS

1897 Delaware Avenue

Mendota Heights, MN, 55118

ADVERTISEMENT FOR PROPOSALS 

The Board of Education, ISD #197 West St. Paul-Mendota Heights-Eagan Area Schools, will receive sealed proposals on the following: 

Group Health and Welfare Benefits: Medical Insurance Plans 

Until 2:00 P.M. on January 28, 2019, at ISD #197 West St. Paul-Mendota Heights-Eagan Area Schools, 1897 Delaware Avenue, Mendota Heights, MN, 55118 

Copies of the Request for Proposal, existing labor management agreements, and existing contracts are available free of charge at OneDigital, 2860 Vicksburg Lane N., Plymouth, MN 55447. Proposals should be addressed to, Brenda Albrecht, ISD #197 West St. Paul-Mendota Heights-Eagan Area Schools, and the envelope clearly marked to indicate the contents. 

No Vendor may withdraw his/her proposal within thirty (30) days after date of opening proposals without the consent of the Board of Education. 

ISD #197 West St. Paul-Mendota Heights-Eagan Area Schools reserves the right to reject any or all proposals and to waive informalities in bidding of advertisement. ISD #197 West St. Paul-Mendota Heights-Eagan Area Schools reserves the right to select the proposal which best meets the needs of the ISD #197 West St. Paul-Mendota Heights-Eagan Area Schools pursuant to M.S. 471.6161. 

(South-West Review: Jan. 6, 13, 20, 2019)

_____

ADVERTISEMENT FOR BIDS

FORCEMAIN #1 REPLACEMENT

WEST ST. PAUL, MINNESOTA

CITY PROJECT NO. 18-6 

NOTICE IS HEREBY GIVEN that sealed bids will be received by the City Council of the City of West St. Paul, Minnesota, 1616 Humboldt Avenue, until 11:00 a.m., CST, Tuesday, February 5, 2019, at which time they will be opened and read aloud for making the following described local improvement: 

FORCEMAIN #1 REPLACEMENT consisting of the following approximate quantities: 

2,850 - LF - Abandon Pipe Sewer (Forcemain) 

1,713 - LF - 18” ID Sanitary Sewer Forcemain (Trenchless) 

1,227 - LF - 18” Sanitary Sewer Forcemain, DIP 

1 - LS - Sanitary Sewer Bypass 

1 - LS - Traffic Control 

Complete digital Proposal Forms, Plans, and Specifications for use by Contractors submitting a bid are available at www.questcdn.com. You may download the digital plan documents for a nonrefundable price of $30.00 by inputting Quest project #6064708 on the website’s Project Search page. Please contact QuestCDN.com at 952-233-1632 or info@questcdn.com for assistance in free membership registration, downloading, and working with this digital project information. 

An optional paper set of Proposal Forms, Plans, and Specifications may be obtained for a nonrefundable price of $75.00 per set, which includes applicable sales tax and shipping. Please make your check payable to Bolton & Menk, Inc. and send it to 12224 Nicollet Avenue, Burnsville, MN 55337-1649, (952)-890-0509, fax (952) 890-8065. 

Bids will only be accepted from Contractors who purchase digital or paper Bidding Documents as specified above. All bids shall be made on the Proposal Forms of the City and shall be accompanied by the Responsible Contractor form and a cash deposit, cashier’s check, bid bond, or certified check, payable to the order of the City Treasurer for not less than 5 (five) percent of the total bid amount. Bids shall be directed to the City Clerk, securely sealed in an envelope, and clearly marked on the outside with the name of the bidder and identifying the project for which the bid is made. 

The City reserves the right to reject any or all bids, to waive irregularities, and to award the contract in the best interests of the Owner. The City may retain the deposits of the three lowest bidders for a period of at least sixty (60) days after the date set for the opening of bids. 

The City of West St. Paul does not discriminate on the basis of race, color, national origin, sex, religion, age, or disability in employment or the provision of services. Upon request, this information can be made available in Braille, large print, audio tape and/or computer disk. Please contact ADA Coordinator at (651) 552-4108, or TDD (651) 322-2323.

Dated: November 25, 2018

By: Shirley Buecksler 

City Clerk

City of West St. Paul

An Equal Opportunity/Affirmative Action Employer

(South-West Review :January 6, 13, 2019)

_____

 

Minutes

INDEPENDENT SCHOOL DISTRICT 197

PUBLICATION NOTICE

WEST ST. PAUL/MENDOTA HEIGHTS/EAGAN

Monday, January 7, 2019

SCHOOL BOARD MEETING 

A school board meeting was held at 6:00 p.m. on Monday, January 7, 2019 in the Council Chambers at the Mendota Heights City Hall, 1101 Victoria Curve, Mendota Heights, MN. The following School Board members were present: John Chandler, Brenda Corbett, Stephanie Levine, Joanne Mansur, Maureen Ramirez, Byron Schwab, and Terry Stamman. Superintendent Peter Olson-Skog was absent. Student Representative Sonja Hanson was present. 

New board officers were elected for 2019-Chair, Joanne Mansur; Vice-Chair/Clerk, Maureen Ramirez; Treasurer, Byron Schwab. 

A motion carried to approve the agenda. 

A motion carried to approve the consent agenda which included minutes; personnel recommendations; acceptance of 2018 audit report; field trip; gifts to the district; 2019 pay equity report; and approval of the School District 197 scorecard and annual report of the 2017-2018 World’s Best Workforce plan. 

Mark Zuzek, Superintendent for ISD 917, presented a program overview for board members. 

A motion was carried to approve a request to solicit bids for construction projects at Garlough Environmental Magnet School, Moreland Arts and Health Sciences Magnet School, Pilot Knob STEM Magnet School, and the Henry Sibley High School multi-purpose athletic facility. 

The Somerset Elementary School Site Report was presented. 

The Pilot Knob STEM Magnet School Site Report was presented. 

The proposed 2019-2020 academic calendar was presented. 

A revised 2018-2019 academic calendar was presented. 

The meeting adjourned at 7:45 p.m. 

The next regularly scheduled School Board meeting of Independent School District 197 is scheduled for Tuesday, January 22, 2019 at 5:00 p.m. at Henry Sibley High School, Room A241, 1897 Delaware Avenue, Mendota Heights, MN. 

This is a summary of the meeting for publication purposes. The full text and meeting materials are available for public inspection at the administrative offices of the school district or at www.isd197.org. 

_____

STATE OF MINNESOTA 

COUNTY OF DAKOTA 

DISTRICT COURT

FIRST JUDICIAL DISTRICT

COURT FILE NO. 

19HA-CV-18-4656

CONDEMNATION PETITION 

Case Type: Condemnation 

City of West St. Paul,

a Minnesota municipal corporation, 

Petitioner,

v. 

Autozone Texas, L.P., a Delaware limited partnership; Bank of America, National Association, a foreign trust association; County of Dakota; and all other parties unknown having any right, title or interest in the property described in Petitioner’s Petition, together with the unknown heirs or devisees, if any, of the parties that may be deceased, and including unknown spouses, if any, and all others claiming any interest in the property described in Petitioner’s Petition, 

Respondents. 

IN THE MATTER OF CONDEMNATION OF REAL PROPERTY LOCATED IN THE CITY OF WEST ST. PAUL, COUNTY OF DAKOTA, MINNESOTA, AS REQUIRED FOR THE RIVER TO RIVER GREENWAY PROJECT 

TO THE ABOVE-NAMED COURT: 

Petitioner respectfully represents and states to the Court:

I. 

That Petitioner is a city duly organized, created and existing under and by virtue of the laws of the State of Minnesota and is located in Dakota County, Minnesota.

II. 

That Petitioner is a statutory city pursuant to Minnesota Statutes, Chapter 412, and derives its authority pursuant to Minnesota Statutes, Chapters 117, 412, and 465 to acquire by condemnation any and all land or property and any rights required for public trail purposes. Petitioner further derives its authority pursuant to Minnesota Statutes, Chapters 117, 412 and 465 to construct a public trail on land acquired by condemnation for such purpose. 

III. 

That in the exercise of its governmental powers as a statutory city and as a political subdivision of the State of Minnesota, Petitioner desires to acquire fee title to certain real property necessary for public purposes to construct a grade separated trail crossing as part of the Robert Street Improvement Project and the River to River Greenway Project (the “Project.”) The Project includes the construction of a grade separated crossing of Robert Street between the intersections of Thompson and Wentworth Avenue to connect local trails, a planned regional trail, public and recreational facilities, local businesses, public transportation, and surrounding residential neighborhoods on the property (the “Subject Property”) sought to be acquired by condemnation. 

IV. 

That Minnesota Statutes § 117.042 provides Petitioner with the authority to gain title to and possession to fee title to the Subject Property following a 90-day notice period. This statute is commonly referred to as the “quick take” statute. If a condemning authority does not utilize the “quick take” statute, the title and right of possession to fee title to the Subject Property would only transfer to Petitioner following the settlement of the parcel valuation case which can extend over a multi-year period. The 90-day “quick take” procedure must be utilized: a) to allow the City to award a single and reasonably economical construction contract for the Project; b) to best capitalize on potential bid prices; and c) to meet the Project construction schedule and avoid the need for extended property acquisition takings.

V. 

The City Council of the City of West St. Paul has duly adopted Resolution No. 18-124 determining that it is necessary to acquire fee title to the Subject Property described in EXHIBIT A attached hereto and made a part hereof, pursuant to Minnesota Statutes, § 117.042 (the “quick take” statute). Said Resolution also approved the Petitioner’s appraised value of the Subject Property described in the attached EXHIBIT A.

VI. 

That it is the intention of Petitioner to proceed under Minnesota Statutes, Chapter 117, to take title and possession of the Subject Property required for the Project pursuant to the “quick take” provision of Minnesota Statutes, § 117.042.

VII. 

That Petitioner was assisted by its property acquisition consultant for the direct purchase of the Subject Property required for the Project. Petitioner has been unable to negotiate a direct purchase settlement and complete a closing on the sale of the Subject Property shown in the attached EXHIBIT A. 

In 2006, the State of Minnesota enacted various eminent domain reforms including an amendment to Minn. Stat. § 117.036 which: a) requires Petitioner to provide the property owner with a copy of the Petitioner’s appraisal and inform the property owner of the right to obtain an appraisal and receive reimbursement of appraisal costs pursuant to § 117.036, b) requires reimbursement of a property owner’s appraisal costs up to $1,500 for single family and two-family residential property and minimum damage acquisitions (i.e. appraised damages of $25,000 or less) and $5,000 for other types of property, and c) requires good faith negotiations which include a good faith attempt to negotiate personally with the property owner. Petitioner has complied with the statutory appraisal copy disclosure, notice of property owner appraisal rights, appraisal cost reimbursement, and good faith negotiation requirements of Minn. Stat. §117.036.

VIII. 

That the acquisition of property rights by a municipality utilizing its power of eminent domain is commonly referred to as a “taking” (as referenced below in Minn. Stat. §117.055). Please note, however, that the municipality must also pay just compensation for the “taking” of the property rights for a public use or purpose. 

Minn. Stat. §117.055, subd. 2(b) specifically states that: 

(1) a party wishing to challenge the public use or public purposes, 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) the 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.

IX. 

That the Parcel to be acquired herein by eminent domain proceedings is in the City of West St. Paul, Dakota County, Minnesota and described in the attached EXHIBIT A. The names of all persons appearing of record or known to your Petitioner to be the owners of the land or claiming interest thereon are also stated in the attached EXHIBIT A.

X. 

Petitioner reserves the right to recover costs of testing and cleanup and all other damages resulting from the presence of pollutants, contaminants or hazardous materials on the Property described in the Petition from all responsible parties in a separate legal action. Petitioner further requests that if tests or evaluations undertaken by or on behalf of Petitioner indicate the presence of pollutants, contaminants or hazardous materials on said Subject Property, the condemnation commission award be conditioned on the right of Petitioner to bring a separate legal action to recover cleanup and testing costs and other recoverable damages. 

WHEREFORE, Petitioner prays: 

(a) that such proceedings may be had herein provided by law; 

(b) that it be adjudged that the taking by eminent domain proceedings is necessary and authorized by law; 

(c) that the purpose for which the Subject Property is proposed to be taken is for a public project and for public use; 

(d) that transfer of title and possession of the Subject Property be ordered pursuant to Minnesota Statutes, § 117.042; 

(e) that the acquisition of the Subject Property is forever and shall include fee title to the Subject Property; 

(f) that three competent and impartial persons be appointed as commissioners to ascertain and report the amount of damages that will be sustained by the several owners or persons interested as a result of the above described taking; 

(g) that the time and place of the first meeting and the compensation of the said commissioners be fixed; 

(h) that Petitioner be reserved the right to recover costs of testing and cleanup and all other damages resulting from the presence of pollutants, contaminants or hazardous materials on the Subject Property described in this Petition, from all responsible parties in a separate legal action. Further, should tests or evaluations undertaken by or on behalf of Petitioner indicate the presence of pollutants, contaminants or hazardous materials on the Subject Property, requiring that the condemnation commission awards be conditioned on the right of Petitioner to bring a separate legal action to recover cleanup and testing costs and other recoverable damages; and 

(i) that such further and other orders be made herein pursuant to Minnesota Statutes, Chapter 117, and provided in such case. 

LeVANDER, GILLEN & MILLER, P.A. 

Dated: October 16, 2018

/s/ Jay P. Karlovich

Korine L. Land, Lic. No. 262432

Jay P. Karlovich, Lic. No. 247650

David L. Sienko, Lic. No. 0391910

633 South Concord Street, 

Suite 400

South St. Paul, MN 55075

(651) 451-1831

Attorneys for Petitioner 

ACKNOWLEDGMENT 

The party above-named represented by the undersigned, hereby acknowledges that sanctions may be imposed pursuant to Minnesota Statutes, § 549.211.

/s/ Jay P. Karlovich

EXHIBIT A Interest Name Address and Telephone Number Fee Owner AutoZone Texas, L.P., a Delaware limited partnership AutoZone Texas, L.P. c/o CT Corporation System Inc. 1010 Dale Street North St. Paul, MN 55117–5603 AutoZone Texas, L.P. c/o Cheryl Stallings 123 S. Front Street Memphis, TN 38103 AutoZone Texas, L.P. c/o Cheryl Stallings PO Box 2198 Dept. 8088 Memphis, TN 38101-2198 AutoZone Texas, L.P. c/o Minnesota Secretary of State 60 Empire Dr., Suite 100 Saint Paul, MN 55103 AutoZone Texas, L.P. c/o The Corporation Trust Company 1209 Orange Street Wilmington, DE 19801 Mortgagee Bank of America, National Association, a foreign trust association Bank of America, National Association c/o C T Corporation System Vivian Imperial 818 W. Seventh Street, Suite 930 Los Angeles, CA 90017 Property Taxes County of Dakota County of Dakota c/o Joel T. Beckman Dakota County Treasurer/Auditor 1590 Highway 55 Hastings, MN 55033 

Possible Unknown Real Property Interest Owners 

All other parties unknown having any right, title or interest in the real property described below, together with the unknown heirs or devisees, if any, of the parties that may be deceased and including unknown spouses, if any, and all others claiming any interest in the property described below.

LEGAL DESCRIPTION OF LANDOWNER’S PROPERTY 

Real Property located in the City of West St. Paul, Dakota County, Minnesota, described as follows: 

Lot 2, Block 1, Andler and Olson’s Addition to West St. Paul, County of Dakota, State of Minnesota. 

Abstract Property 

PID 42-11560-01-020

(South-West Review: Jan. 6, 13, 20, 2019)

_____

STATE OF MINNESOTA

COUNTY OF DAKOTA

DISTRICT COURT

FIRST JUDICIAL DISTRICT

COURT FILE NO. 19HA-CV-18-4656

NOTICE OF OBJECTS OF THE PETITION, NOTICE OF CONDEMNATION HEARING AND NOTICE OF MOTION AND MOTION ORDERING TRANSFER OF TITLE AND POSSESSION 

Case Type: Condemnation 

City of West St. Paul, 

a Minnesota municipal corporation, 

Petitioner, 

v. 

Autozone Texas, L.P., a Delaware limited partnership; Bank of America, National Association, a foreign trust association; County of Dakota; and all other parties unknown having any right, title or interest in the property described in Petitioner’s Petition, together with the unknown heirs or devisees, if any, of the parties that may be deceased, and including unknown spouses, if any, and all others claiming any interest in the property described in Petitioner’s Petition, 

Respondents.

IN THE MATTER OF CONDEMNATION OF REAL PROPERTY LOCATED IN THE CITY OF WEST ST. PAUL, COUNTY OF DAKOTA, MINNESOTA, AS REQUIRED FOR THE RIVER TO RIVER GREENWAY PROJECT 

TO

: THE DISTRICT COURT ADMINISTRATOR AND ALL PARTIES IDENTIFIED ON THE ATTACHED EXHIBIT A AS HAVING ANY RIGHT TITLE OR INTEREST IN THE PROPERTY DESCRIBED THEREIN AND ALL OTHERS CLAIMING ANY INTEREST IN SAID PROPERTY (“Respondents”). 

YOU WILL PLEASE TAKE NOTICE that, pursuant to Minn. Stat. § 117.055, you are hereby notified that the objects of Petitioner’s Petition in condemnation are fully stated in the “Petition” that is being served and published contemporaneously with this Notice of the Objects of the Petition. The objective of the Petition is to secure a court order approving Petitioner’s requested acquisition of fee title to certain property necessary for public purposes to facilitate the construction of a grade separated crossing of Robert Street between the intersections of Wentworth and Thompson for the Robert Street Improvement Project and the River to River Greenway (the “Project”). 

The property that is sought to be acquired by the Petitioner is legally described in the attached EXHIBIT A, together with the names of all persons appearing of record or known to Petitioner to be owners of said real property interests, including all of whom Petitioner has been able by investigation and due inquiry to discover, together with the nature of the ownership as nearly as can be ascertained. 

The acquisition of property rights by a municipality utilizing its power of eminent domain is commonly referred to as a “taking” (as referenced below in Minn. Stat. § 117.055). Please note, however, that the municipality must also pay just compensation for the “taking” of the property rights for a public use or public purpose. 

Minn. Stat. § 117.055, Subd. 2 (b) specifically states that: 

(1) a party wishing to challenge the public use or public purposes, 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. 

YOU, AND EACH OF YOU, ARE FURTHER NOTIFIED that on February 12, 2019 at 9:00 a.m., or as soon thereafter as counsel can be heard, at a Special Term of the District Court of the County of Dakota, Judicial Center, 1560 West Highway 55, Hastings, Minnesota 55033, Petitioner, City of West St. Paul, will present its Petition for the condemnation of certain property situated in Dakota County, Minnesota, for the purpose of acquiring fee title to the parcel described in its Petition (the “Subject Property”), on file in the office of the District Court Administrator of the above-named Court, and in its Notice of Intent to Take Title and Possession, which has been served upon Respondents. The transfer of fee title to the Subject Property will be effective as indicated in the Court’s order transferring title and possession to the Petitioner. 

YOU, AND EACH OF YOU, ARE FURTHER NOTIFIED that at the above time and place, Petitioner will also move the Court for an Order transferring title and right of possession of the Subject Property described in the attached EXHIBIT A to Petitioner. The motion will be made on all files and records herein and under authority of Minn. Stat. § 117.042, as amended, which provides for such Order upon deposit with the Court or payment to Respondents of an amount equal to Petitioner’s approved appraisal of value for the fee title to the Subject Property. The deposit of the amount for the benefit of those entitled by law to damages will be made to Respondents on or before the date of transfer of title and possession pursuant to this motion. 

The Petitioner further prays for the appointment by the Court of three disinterested commissioners to ascertain and report the damages for the Subject Property to be taken and acquired for the above-stated purpose and the injuries caused by such taking. 

The Petitioner reserves the right to recover costs of cleanup and testing and all other damages resulting from the presence of pollutants, contaminants or hazardous materials on the property described in the Petition from all responsible parties in a separate legal action. In the event that tests or evaluations undertaken by or on behalf of Petitioner indicate the presence of pollution, contamination or hazardous materials on said properties, the Petitioner further reserves the right to condition the condemnation commission awards on the right of Petitioner to bring a separate legal action to recover testing, cleanup, costs and all other recoverable damages.

LeVANDER, GILLEN & MILLER, P.A. 

Dated: December 27, 2018

/s/ Jay P. Karlovich

Kori Land, Lic. No. 262432

Jay P. Karlovich, Lic. No. 247650

David L. Sienko, Lic. No. 391910

633 South Concord Street, Suite 400

South St. Paul, MN 55075

(651) 451-1831

kland@levander.com

jkarlovich@levander.com

dsienko@levander.com

Attorneys for Petitioner

ACKNOWLEDGMENT 

The party above-named represented by the undersigned, hereby acknowledges that 

sanctions may be imposed pursuant to Minnesota Statutes, § 549.211.

/s/ Jay P. Karlovich

EXHIBIT A Interest Name Address and Telephone Number Fee Owner AutoZone Texas, L.P., a Delaware limited partnership AutoZone Texas, L.P. c/o CT Corporation System Inc. 1010 Dale Street North St. Paul, MN 55117–5603 AutoZone Texas, L.P. c/o Cheryl Stallings 123 S. Front Street Memphis, TN 38103 AutoZone Texas, L.P. c/o Cheryl Stallings PO Box 2198 Dept. 8088 Memphis, TN 38101-2198 AutoZone Texas, L.P. c/o Minnesota Secretary of State 60 Empire Dr., Suite 100 Saint Paul, MN 55103 AutoZone Texas, L.P. c/o The Corporation Trust Company 1209 Orange Street Wilmington, DE 19801 Mortgagee Bank of America, National Association, a foreign trust association Bank of America, National Association c/o C T Corporation System Vivian Imperial 818 W. Seventh Street, Suite 930 Los Angeles, CA 90017 Property Taxes County of Dakota County of Dakota c/o Joel T. Beckman Dakota County Treasurer/Auditor 1590 Highway 55 Hastings, MN 55033 

Possible Unknown Real Property Interest Owners 

All other parties unknown having any right, title or interest in the real property described below, together with the unknown heirs or devisees, if any, of the parties that may be deceased and including unknown spouses, if any, and all others claiming any interest in the property described below.

LEGAL DESCRIPTION OF LANDOWNER’S PROPERTY 

Real Property located in the City of West St. Paul, Dakota County, Minnesota, described as follows: 

Lot 2, Block 1, Andler and Olson’s Addition to West St. Paul, County of Dakota, State of Minnesota. 

Abstract Property 

PID 42-11560-01-020

(South-West Review: Jan. 6, 13, 20, 2019)

_____

STATE OF MINNESOTA 

COUNTY OF DAKOTA 

DISTRICT COURT

FIRST JUDICIAL DISTRICT

COURT FILE NO. 19HA-CV-18-4611

AMENDED

CONDEMNATION PETITION 

Case Type: Condemnation 

City of West St. Paul, 

a Minnesota municipal corporation, 

Petitioner, 

v. 

Covington Court Apartments, LP, a Minnesota limited partnership; Deutsche Bank Trust Company Americas, a New York Corporation; Comcast of St. Paul, Inc., a Minnesota corporation; Coin Controlled Washers, Inc., an Illinois corporation d/b/a Macke Laundry Service-Minnesota, Inc.; County of Dakota; Ottawa Investment Company, Limited Partnership, a Minnesota limited partnership; Fannie Mae, a corporation organized and existing under the laws of the United States; State of Minnesota; Timberland Partners XXXIV, LLP, a Minnesota limited liability partnership; Timberland Partners III, LLP, a Minnesota limited liability partnership; Michael A. Nelson, LLC, a Minnesota limited liability company; Federal Home Loan Mortgage Corporation, a corporation organized and existing under the laws of the United States; Board of Water Commissioners of the City of St. Paul, a Minnesota municipal corporation; BDS Laundry Management Company, a Minnesota corporation; Southview Acres Health Care Center, Inc., a Minnesota corporation, f/k/a Southview Acres, Incorporated; Southview Senior Living LLC, a Minnesota limited liability company; The Phoenix Residence, Inc., a Minnesota nonprofit corporation; Clean Holdings LLC, a Minnesota limited liability company; 150 

Marie, LLC, a Minnesota limited liability company; Thomas L. Skadron and Terri S. Skadron, husband and wife; U.S. Bank National Association, a national banking association; Old National Bancorp, an Indiana corporation, as successor by merger to Anchor Bank, N.A.; ESI Properties, LLC, a Minnesota limited liability company; Colleen L. Trejo, a single person; TCF National Bank, a national banking association; and all other parties unknown having any right, title or interest in the property described in Petitioner’s Petition, together with the unknown heirs or devisees, if any, of the parties that may be deceased, and including unknown spouses, if any, and all others claiming any interest in the property described in Petitioner’s Petition, 

Respondents

IN THE MATTER OF CONDEMNATION OF REAL PROPERTY EASEMENTS LOCATED IN THE CITY OF WEST ST. PAUL, COUNTY OF DAKOTA, MINNESOTA, AS REQUIRED FOR THE MARIE AND OAKDALE TRAIL PROJECT NO. 18-4 

TO THE ABOVE-NAMED COURT: 

Petitioner respectfully represents and states to the Court:

I. 

That Petitioner is a city duly organized, created and existing under and by virtue of the laws of the State of Minnesota and is located in Dakota County, Minnesota.

II. 

That Petitioner is a statutory city pursuant to Minnesota Statutes, Chapter 412, and derives its authority pursuant to Minnesota Statutes, Chapters 117, 412, and 465 to acquire by condemnation any and all land or property and any rights required for public trail purposes. Petitioner further derives its authority pursuant to Minnesota Statutes, Chapters 117, 412 and 465 to construct a public trail on land acquired by condemnation for such purpose. 

III. 

That in the exercise of its governmental powers as a statutory city and as a political subdivision of the State of Minnesota, Petitioner desires to acquire permanent easements for sidewalk, trail and right of way purposes and all such purposes ancillary, incident or related thereto, including but not limited to a retaining wall for construction, maintenance, improvement, repair and replacement, and restoration purposes and all such purposes ancillary thereto (“Permanent Easement”), under, over, across, through and upon that real property legally described on Exhibit A, (“Permanent Easement Area”) attached hereto and incorporated herein by reference, and temporary easements (for an eighteen (18) month duration from May 1, 2019 to October 31, 2020) for all purposes necessary or incidental to the construction by the City under, over, across, through and upon that real property legally described on Exhibit A, (“Temporary Easement Area”), attached hereto and incorporated herein by reference, necessary for public purposes to construct a multi-use trail along Marie Avenue from Robert Street to Oakdale Avenue as part of the Marie and Oakdale Trail Project 18-4 (the “Project.”), in order to enhance the City’s off-street network, increase the range of transportation opportunities for residents, improve the pedestrian experience and provide connections to the neighborhoods, businesses, and recreational amenities. The Project includes the construction of 10-foot bituminous trails on the east side of Oakdale Avenue from Mendota Road to Wentworth Avenue and on the south side of Marie Avenue from Robert Street to Oakdale Avenue, as well as the addition of streetscape improvements, including pedestrian-scale lighting, vegetation, high-visibility crossings and wayfinding over the Permanent and Temporary Easements Areas to be acquired from the various parcels sought be acquired by condemnation, in order to create a safe and pleasant experience for pedestrians and contribute to the City’s surface transportation network.

IV. 

That Minnesota Statutes § 117.042 provides Petitioner with the authority to gain title to and possession to the Permanent and Temporary Easement Areas following a 90-day notice period. This statute is commonly referred to as the “quick take” statute. If a condemning authority does not utilize the “quick take” statute, the title and right of possession to the Permanent and Temporary Easement Areas would only transfer to Petitioner following the settlement of the parcel valuation case which can extend over a multi-year period. The 90-day “quick take” procedure must be utilized: a) to allow the City to award a single and reasonably economical construction contract for the Project; b) to best capitalize on potential bid prices; and c) to meet the Project construction schedule and avoid the need for extended property acquisition takings.

V. 

The City Council of the City of West St. Paul has duly adopted Resolution No. 2018-111 determining that it is necessary to acquire the Permanent and Temporary Easement Areas described in EXHIBIT A attached hereto and made a part hereof, pursuant to Minnesota Statutes, § 117.042 (the “quick take” statute). Said Resolution also approved the Petitioner’s appraised values of the Permanent and Temporary Easement Areas described in the attached EXHIBIT A.

VI. 

That it is the intention of Petitioner to proceed under Minnesota Statutes, Chapter 117, to take title and possession of the Permanent and Temporary Easement Areas required for the Project pursuant to the “quick take” provision of Minnesota Statutes, § 117.042.

VII. 

That Petitioner was assisted by its property acquisition consultant for the direct purchase of the Permanent and Temporary Easement Areas required for the Project. Petitioner has been unable to negotiate direct purchase settlement for the Permanent and Temporary Easement Areas shown in the attached EXHIBIT A. 

In 2006, the State of Minnesota enacted various eminent domain reforms including an amendment to Minn. Stat. § 117.036 which: a) requires Petitioner to provide the property owner with a copy of the Petitioner’s appraisal and inform the property owner of the right to obtain an appraisal and receive reimbursement of appraisal costs pursuant to § 117.036, b) requires reimbursement of a property owner’s appraisal costs up to $1,500 

for single family and two-family residential property and minimum damage acquisitions (i.e. appraised damages of $10,000 or less) and $5,000 for other types of property, and c) requires good faith negotiations which include a good faith attempt to negotiate personally with the property owner. Petitioner has complied with the statutory appraisal copy disclosure, notice of property owner appraisal rights, appraisal cost reimbursement, and good faith negotiation requirements of Minn. Stat. §117.036.

VIII. 

That the acquisition of property rights by a municipality utilizing its power of eminent domain is commonly referred to as a “taking” (as referenced below in Minn. Stat. §117.055). Please note, however, that the municipality must also pay just compensation for the “taking” of the Permanent and Temporary Easement Rights for a public use or purpose. 

Minn. Stat. §117.055, subd. 2(b) specifically states that:

(1) a party wishing to challenge the public use or public purposes, 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) the 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.

IX. 

That the Permanent and Temporary Easement Areas to be acquired herein by eminent domain proceedings are in the City of West St. Paul, Dakota County, Minnesota and described in the attached EXHIBIT A. The names of all persons appearing of record or known to your Petitioner to be the owners of the land or claiming interest thereon are also stated in the attached EXHIBIT A.

X. 

Petitioner reserves the right to recover costs of testing and cleanup and all other damages resulting from the presence of pollutants, contaminants or hazardous materials on the Property described in the Petition from all responsible parties in a separate legal action. Petitioner further requests that if tests or evaluations undertaken by or on behalf of Petitioner indicate the presence of pollutants, contaminants or hazardous materials on said Permanent and Temporary Easement Areas, the condemnation commission award be conditioned on the right of Petitioner to bring a separate legal action to recover cleanup and testing costs and other recoverable damages. 

WHEREFORE, Petitioner prays: 

(a) that such proceedings may be had herein provided by law; 

(b) that it be adjudged that the taking by eminent domain proceedings is necessary and authorized by law; 

(c) that the purpose for which the Permanent and Temporary Easement Areas are proposed to be taken is for a public project and for public use; 

(d) that transfer of title and possession of the Subject Property be ordered pursuant to Minnesota Statutes, § 117.042; 

(e) that the acquisition of the Permanent Easement Areas are forever; and, that the Temporary Easement Areas shall be for an eighteen (18) month duration from May 1, 2019 to October 31, 2020; 

(f) that three competent and impartial persons be appointed as commissioners to ascertain and report the amount of damages that will be sustained by the several owners or persons interested as a result of the above described taking; 

(g) that the time and place of the first meeting and the compensation of the said commissioners be fixed; 

(h) that Petitioner be reserved the right to recover costs of testing and cleanup and all other damages resulting from the presence of pollutants, contaminants or hazardous materials on the Permanent and Temporary Easement Areas described in this Petition, from all responsible parties in a separate legal action. Further, should tests or evaluations undertaken by or on behalf of Petitioner indicate the presence of pollutants, contaminants or hazardous materials on the Permanent and Temporary Easement Areas, requiring that the condemnation commission awards be conditioned on the right of Petitioner to bring a separate legal action to recover cleanup and testing costs and other recoverable damages; and 

(i) that such further and other orders be made herein pursuant to Minnesota Statutes, Chapter 117, and provided in such case.

Dated: November 16, 2018

LeVANDER, GILLEN & MILLER, P.A.

/s/ Jay P. Karlovich

Korine L. Land, Lic. No. 262432

Jay P. Karlovich, Lic. No. 247650

David L. Sienko, Lic. No. 0391910

633 South Concord Street, Suite 400

South St. Paul, MN 55075

(651) 451-1831

Attorneys for Petitioner

ACKNOWLEDGMENT 

The party above-named represented by the undersigned, 

hereby acknowledges that sanctions may be imposed pursuant 

to Minnesota Statutes, § 549.211.

/s/ Jay P. Karlovich

EXHIBIT A Parcel 9 (“Covington Court Apartments, LP”) Interest NameAddress and Telephone NumberFee OwnerCovington Court Apartments, LP, a Minnesota limited partnership Covington Court Apartments, LP c/o James D Echtenkamp, Registered Agent 7901 Xerxes Avenue South Bloomington, MN 55431 MortgageeDeutsche Bank Trust Company Americas, a New York CorporationDeutsche Bank Trust Company Americas 60 Wall Street, 10th Floor New York, NY 10005 Deutsche Bank Trust Company Americas c/o Corporation Trust Center 1209 Orange Street Wilmington, DE 19801 Easement Comcast of St. Paul, Inc., a Minnesota corporationComcast of St. Paul, Inc. c/o C T Corporation System Inc. 1010 Dale Street North St Paul, MN 55117 A-!1Lease Coin Controlled Washers, Inc., an Illinois corporation d/b/a Macke Laundry Service-Minnesota, Inc. Coin Controlled Washers, Inc. c/o Prentice-Hall Corp System Inc Corporation Service Company 2345 Rice Street, Suite 230 Roseville, MN 55113 Coin Controlled Washers, Inc. c/o Minnesota Secretary of State 60 Empire Dr., Suite 100 Saint Paul, MN 55103 Coin Controlled Washers, Inc. c/o Illinois Secretary of State Department of Business Services 501 S. Second Street, Room 350 Springfield, IL 62756 Coin Controlled Washers, Inc. c/o Jerome Seiden 122 Messner Drive Wheeling, IL 60090 Property TaxesCounty of DakotaCounty of Dakota c/o Joel T. Beckman Dakota County Treasurer/Auditor 1590 Highway 55 Hastings, MN 55033 Possible Unknown Real Property Interest OwnersAll other parties unknown having any right, title or interest in the real property described below, together with the unknown heirs or devisees, if any, of the parties that may be deceased and including unknown spouses, if any, and all others claiming any interest in the property described below.A-!2Parcel 9 (“Covington Court Apartments, LP”) – PID: 42-02900-03-011

LEGAL DESCRIPTION OF LANDOWNER’S PROPERTY 

All that part of the Northwest Quarter of Northeast Quarter of Northeast Quarter of Section 29, Township 28, Range 22, lying South of the centerline of Marie Avenue, except that part of the West 175 feet thereof, lying between two lines both running East at right angles to the West line of said Northwest Quarter of the Northeast Quarter of the Northeast Quarter from points thereon distant, respectively 487 feet and 552 feet south of the Northwest corner thereof, subject to Marie Avenue and to Oakdale Avenue, according to the United States Government Survey thereof and situate in Dakota County, Minnesota.

Abstract Property 

Parcel 9 (“Covington Court Apartments, LP”)

LEGAL DESCRIPTION OF EASEMENT AREAS 

Parcel 9 as shown on DAKOTA COUNTY RIGHT OF WAY MAP NO. 480, according to the recorded map thereof, Dakota County, Minnesota. 

AND 

Temporary Easement 9 as shown on DAKOTA COUNTY RIGHT OF WAY MAP NO. 480, according to the recorded map thereof, Dakota County, Minnesota.

Parcel 9 (“Covington Court Apartments, LP”) DEPICTION OF EASEMENT AREAS A-!5

Parcel 11 (“Ottawa Investment Company, Limited Partnership”) Interest NameAddress and Telephone NumberFee OwnerOttawa Investment Company, Limited Partnership, a Minnesota limited partnership Ottawa Investment Company c/o Sidney Bader, Registered Agent 3020 France Avenue South St Louis Park, MN 55416 MortgageeFannie Mae, a corporation organized and existing under the laws of the United States Fannie Mae 3900 Wisconsin Avenue NW Washington, DC 20016Easement InterestState of Minnesota State of Minnesota Minnesota Attorney General 445 Minnesota Street, Suite 1400 St. Paul, MN 55101 Property TaxesCounty of DakotaCounty of Dakota c/o Joel T. Beckman Dakota County Treasurer/Auditor 1590 Highway 55 Hastings, MN 55033 Possible Unknown Real Property Interest OwnersAll other parties unknown having any right, title or interest in the real property described below, together with the unknown heirs or devisees, if any, of the parties that may be deceased and including unknown spouses, if any, and all others claiming any interest in the property described below.A-!6 

Parcel 11 (“Ottawa Investment Company, Limited Partnership”) – PID: 42-02900-04-010

LEGAL DESCRIPTION OF LANDOWNER’S PROPERTY 

The Southwest Quarter of the Northeast Quarter of the Northeast Quarter of Section 29, Township 28, Range 22, EXCEPTING therefrom the North 30 feet, according to the United States Government Survey thereof and situate in Dakota County, Minnesota. 

Abstract Property 

Parcel 11 (“Ottawa Investment Company, Limited Partnership”)

LEGAL DESCRIPTION OF EASEMENT AREAS 

Parcel 11 as shown on DAKOTA COUNTY RIGHT OF WAY MAP NO. 480, according to the recorded map thereof, Dakota County, Minnesota. 

AND 

TE 11 as shown on DAKOTA COUNTY RIGHT OF WAY MAP NO. 480, according to the recorded map thereof, Dakota County, Minnesota.

Parcel 11 (“Ottawa Investment Company, Limited Partnership”) DEPICTION OF EASEMENT AREAS A-!9

Parcel 12 (“Timberland Partners XXXIV, LLP, et al.”) Interest Name Address and Telephone Number Fee Owner Timberland Partners XXXIV, LLP, a Minnesota limited liability partnership Timberland Partners XXXIV, LLP 8000 Norman Center Drive Suite 830 Minneapolis, MN 55437 Fee Owner Timberland Partners III, LLP, a Minnesota limited liability partnership Timberland Partners III, LLP 8000 Norman Center Drive Suite 830 Minneapolis, MN 55437 Fee Owner Michael A. Nelson, LLC, a Minnesota limited liability company Michael A. Nelson, LLC c/o Michael Nelson, Manager 3169 Lake Shore Boulevard Wayzata, MN 55391 Mortgagee Federal Home Loan Mortgage Corporation, a corporation organized and existing under the laws of the United States Federal Home Loan Mortgage Corporation 8200 Jones Branch Drive McLean, VA 22101 Easement Interest Board of Water Commissioners of the City of St. Paul, a Minnesota municipal corporation Board of Water Commissioners of the City of St. Paul 15 Kellogg Boulevard West St. Paul, MN 55102 Lessee Interest BDS Laundry Management Company, a Minnesota corporation BDS Laundry Management Company c/o David DeMarsh, CEO 2430 Enterprise Drive Mendota Heights, MN 55120 Property Taxes County of Dakota County of Dakota c/o Joel T. Beckman Dakota County Treasurer/Auditor 1590 Highway 55 Hastings, MN 55033 Possible Unknown Real Property Interest Owners All other parties unknown having any right, title or interest in the real property described below, together with the unknown heirs or devisees, if any, of the parties that may be deceased and including unknown spouses, if any, and all others claiming any interest in the property described below. 

Parcel 12 (“Timberland Partners XXXIV, LLP, et al.”) – PID: 42-83900-01-050

LEGAL DESCRIPTION OF LANDOWNER’S PROPERTY 

Lot 5, Block 1, Westwood Villas Addition, Dakota County, Minnesota. 

Abstract Property 

Parcel 12 (“Timberland Partners XXXIV, LLP, et al.”)

LEGAL DESCRIPTION OF EASEMENT AREA 

TE 12 as shown on DAKOTA COUNTY RIGHT OF WAY MAP NO. 480, according to the recorded map thereof, Dakota County, Minnesota.

Parcel 12 (“Timberland Partners XXXIV, LLP, et al.”) DEPICTION OF EASEMENT AREA A-!13

Parcel 15 (“Timberland Partners, LLP, et al.”) Interest NameAddress and Telephone NumberFee OwnerTimberland Partners XXXIV, LLP, a Minnesota limited liability partnership Timberland Partners XXXIV, LLP 8000 Norman Center Drive Suite 830 Minneapolis, MN 55437 Fee OwnerTimberland Partners III, LLP, a Minnesota limited liability partnershipTimberland Partners III, LLP 8000 Norman Center Drive Suite 830 Minneapolis, MN 55437 Fee OwnerMichael A. Nelson, LLC, a Minnesota limited liability company Michael A. Nelson, LLC c/o Michael Nelson, Manager 3169 Lake Shore Boulevard Wayzata, MN 55391 MortgageeFederal Home Loan Mortgage Corporation, a corporation organized and existing under the laws of the United States Federal Home Loan Mortgage Corporation 8200 Jones Branch Drive McLean, VA 22101Easement InterestBoard of Water Commissioners of the City of St. Paul, a Minnesota municipal corporationBoard of Water Commissioners of the City of St. Paul 15 Kellogg Boulevard West St. Paul, MN 55102 Lessee InterestBDS Laundry Management Company, a Minnesota corporation BDS Laundry Management Company c/o David DeMarsh, CEO 2430 Enterprise Drive Mendota Heights, MN 55120 A-!14

Easement InterestCounty of Dakota County of Dakota Attn: Transportation Western Services Center 14955 Galaxie Ave # 335 Apple Valley, MN 55124 Easement InterestSouthview Acres Health Care Center, Inc., a Minnesota corporation Southview Acres Health Care Center, Inc. c/o Pearl A. Lemieux, CEO 2000 Oakdale Avenue West St Paul, MN 55118 Easement InterestSouthview Senior Living LLC, a Minnesota limited liability company Southview Senior Living LLC c/o Sheridan Law Offices 4470 Erin Drive Eagan, MN 55122 Property TaxesCounty of DakotaCounty of Dakota c/o Joel T. Beckman Dakota County Treasurer/Auditor 1590 Highway 55 Hastings, MN 55033 Possible Unknown Real Property Interest OwnersAll other parties unknown having any right, title or interest in the real property described below, together with the unknown heirs or devisees, if any, of the parties that may be deceased and including unknown spouses, if any, and all others claiming any interest in the property described below.A-!15

Parcel 15 (“Timberland Partners XXXIV, LLP, et al.”) – PID: 42-83900-01-010

LEGAL DESCRIPTION OF LANDOWNER’S PROPERTY 

Lot 1, Block 1, Westwood Villas Addition, Dakota County, Minnesota. 

Abstract Property 

Parcel 15 (“Timberland Partners XXXIV, LLP, et al.”)

LEGAL DESCRIPTION OF EASEMENT AREAS 

Parcel 15 as shown on DAKOTA COUNTY RIGHT OF WAY MAP NO. 480, according to the recorded map thereof, Dakota County, Minnesota. 

AND 

TE 15 as shown on DAKOTA COUNTY RIGHT OF WAY MAP NO. 480, according to the recorded map thereof, Dakota County, Minnesota.

Parcel 15 (“Timberland Partners XXXIV, LLP, et al.”) DEPICTION OF EASEMENT AREAS A-!18

Parcel 17 (“The Phoenix Residence, Inc.”) Interest NameAddress and Telephone NumberFee OwnerThe Phoenix Residence, Inc., a Minnesota nonprofit corporation The Phoenix Residence, Inc. c/o Darlene Scott, President 330 Marie Avenue East West St Paul, MN 55118 Property TaxesCounty of DakotaCounty of Dakota c/o Joel T. Beckman Dakota County Treasurer/Auditor 1590 Highway 55 Hastings, MN 55033 Possible Unknown Real Property Interest OwnersAll other parties unknown having any right, title or interest in the real property described below, together with the unknown heirs or devisees, if any, of the parties that may be deceased and including unknown spouses, if any, and all others claiming any interest in the property described below.

Parcel 17 (“The Phoenix Residence, Inc.”) – PID: 42-02900-06-040

LEGAL DESCRIPTION OF LANDOWNER’S PROPERTY 

The East 230 feet of the South 160 feet of the North 360 feet of the Northwest Quarter of the Northeast Quarter of Section 29, Township 28, Range 22, according to the United States Government Survey thereof, Dakota County, Minnesota. 

Abstract Property 

Parcel 17 (“The Phoenix Residence, Inc.”)

LEGAL DESCRIPTION OF EASEMENT AREAS 

Parcel 17 as shown on DAKOTA COUNTY RIGHT OF WAY MAP NO. 480, according to the recorded map thereof, Dakota County, Minnesota. 

And 

TE 17 as shown on DAKOTA COUNTY RIGHT OF WAY MAP NO. 480, according to the recorded map thereof, Dakota County, Minnesota.

Parcel 17 (“The Phoenix Residence, Inc.”) DEPICTION OF EASEMENT AREAS A-!22

Parcel 24 (“Clean Holdings LLC”) Interest NameAddress and Telephone NumberFee OwnerClean Holdings LLC, a Minnesota limited liability company Clean Holdings LLC c/o Dan Klasen, Manager 190 Marie Street East West St Paul, MN 55118 Easement Interest150 Marie, LLC, a Minnesota limited liability company 150 Marie, LLC 1540 Humboldt Avenue, #105 West St Paul, MN 55118 Property TaxesCounty of DakotaCounty of Dakota c/o Joel T. Beckman Dakota County Treasurer/Auditor 1590 Highway 55 Hastings, MN 55033 Possible Unknown Real Property Interest OwnersAll other parties unknown having any right, title or interest in the real property described below, together with the unknown heirs or devisees, if any, of the parties that may be deceased and including unknown spouses, if any, and all others claiming any interest in the property described below.A-!23 

Parcel 24 (“Clean Holdings LLC”) – PID: 42-02000-62-060

LEGAL DESCRIPTION OF LANDOWNER’S PROPERTY 

That part of the Southeast Quarter of the Southwest Quarter of Section 20, Township 28, Range 22, described as follows: Commencing at the Southwest corner of the Southeast Quarter of the Southwest Quarter; thence East, bearing assumed, along the South line of said Southeast Quarter of the Southwest Quarter, a distance of 864.48 feet; thence North a distance of 219.71 feet to the point of beginning of the land to be described; thence East a distance of 224.00 feet; thence North a distance of 195.77 feet to the South line of Marie Avenue; thence West, along said South line, a distance of 157.52 feet; thence Southwesterly, along said South line, on a tangential curve concave to the South, having a radius of 252.94 feet, a central angel of 15 degrees 14 minutes 20 seconds, a distance of 67.27 feet to its intersection with a line bearing North from the point of beginning; thence South a distance of 186.88 feet to the point of beginning, according to the United States Government Survey thereof and situate in Dakota County, Minnesota. 

Abstract Property 

Parcel 24 (“Clean Holdings LLC”)

LEGAL DESCRIPTION OF EASEMENT AREAS 

Parcel 24 as shown on DAKOTA COUNTY RIGHT OF WAY MAP NO. 480, according to the recorded map thereof, Dakota County, Minnesota. 

And 

TE 24 as shown on DAKOTA COUNTY RIGHT OF WAY MAP NO. 480, according to the recorded map thereof, Dakota County, Minnesota.

Parcel 24 (“Clean Holdings LLC”) DEPICTION OF EASEMENT AREAS A-!26

Parcel 25 (“Thomas L. Skadron and Terri S. Skadron”) Interest NameAddress and Telephone NumberFee OwnerThomas L. Skadron and Terri S. Skadron, husband and wifeThomas L. Skadron 178 Marie Avenue East West St. Paul, MN 55118 Terri S. Skadron 178 Marie Avenue East West St. Paul, MN 55118 MortgageeU.S. Bank National Association, a national banking associationU.S. Bank National Association Attn: Legal Department 800 Nicollet Mall, 21st Floor Minneapolis, MN 55402 Property TaxesCounty of DakotaCounty of Dakota c/o Joel T. Beckman Dakota County Treasurer/Auditor 1590 Highway 55 Hastings, MN 55033 Possible Unknown Real Property Interest OwnersAll other parties unknown having any right, title or interest in the real property described below, together with the unknown heirs or devisees, if any, of the parties that may be deceased and including unknown spouses, if any, and all others claiming any interest in the property described below.A-!27

Parcel 25 (“Thomas L. Skadron and Terri S. Skadron”) – PID: 42-02000-62-050

LEGAL DESCRIPTION OF LANDOWNER’S PROPERTY 

Beginning at a point 635.77 feet East and 295.77 feet North of the Southwest corner of the Southeast Quarter of the Southwest Quarter (SE ••• of SE •••), Section Twenty (20), Township Twenty Eight (28), Range Twenty-two (22), thence Northeasterly (N 45 degrees E.) 240 feet, thence East 59 feet, thence South 275.77 feet, thence West 122.64 feet, thence Northwesterly (N 45 degrees W.) 150 feet, to the point of beginning, Dakota County, Minnesota. 

Abstract Property 

Parcel 25 (“Thomas L. Skadron and Terri S. Skadron”)

LEGAL DESCRIPTION OF EASEMENT AREAS 

Parcel 25 as shown on DAKOTA COUNTY RIGHT OF WAY MAP NO. 480, according to the recorded map thereof, Dakota County, Minnesota. 

AND 

TE 25 as shown on DAKOTA COUNTY RIGHT OF WAY MAP NO. 480, according to the recorded map thereof, Dakota County, Minnesota. 

Parcel 25 (“Thomas L. Skadron and Terri S. Skadron”) DEPICTION OF EASEMENT AREAS A-!30

Parcel 26 (“150 Marie, LLC”) Interest NameAddress and Telephone NumberFee Owner150 Marie, LLC, a Minnesota limited liability company 150 Marie, LLC 1540 Humboldt Avenue, #105 West St Paul, MN 55118 MortgageeOld National Bancorp, an Indiana corporation, as successor by merger to Anchor Bank, N.A. Old National Bancorp c/o Jeff Knight, Registered Agent One Main Street Evansville, IN 47708 Easement InterestESI Properties, LLC, a Minnesota limited liability company ESI Properties, LLC c/o Jay Barnett, Registered Agent 220 Marie Avenue East West St Paul, MN 55118 Easement InterestClean Holdings LLC, a Minnesota limited liability company Clean Holdings LLC c/o Dan Klasen, Manager 190 Marie Street East West St Paul, MN 55118 Property TaxesCounty of DakotaCounty of Dakota c/o Joel T. Beckman Dakota County Treasurer/Auditor 1590 Highway 55 Hastings, MN 55033 Possible Unknown Real Property Interest OwnersAll other parties unknown having any right, title or interest in the real property described below, together with the unknown heirs or devisees, if any, of the parties that may be deceased and including unknown spouses, if any, and all others claiming any interest in the property described below.A-!31

Parcel 26 (“150 Marie, LLC”) – PID: 42-02000-62-070

LEGAL DESCRIPTION OF LANDOWNER’S PROPERTY 

Beginning at a point 377 feet East of the Southwest Corner of said Southeast Quarter of the Southwest Quarter of Section 20; being the intersection of the South property line of Marie Avenue and the South line of Section 20; thence Northeasterly along the curve of the Southerly property line of Marie Avenue, central angel 21 degrees 16 minutes, radius 352.94 feet, a distance of 131 feet to the end of curve; thence North 45 degrees 00 minutes East, a distance of 264.52 feet; thence South 45 degrees 00 minutes East a distance of 100 feet; thence East a distance of 122.64 feet; thence North a distance of 30 feet; thence East to the intersection with “Line A”; said “Line A” is described as commencing at the Southeast corner of the Southeast Quarter of the Southwest Quarter of said Section 20; thence West 232.18 feet to a point 1088.48 feet East of the southwest corner of said Southeast Quarter of the Southwest Quarter and the point of beginning of said “Line A”; thence North 415.48 feet to the south line of Marie Avenue and said “Line A” there terminating; thence southerly, along said “Line A”, to the South line of Section 20; thence westerly to the point of beginning and there terminating, Dakota County, Minnesota. 

Together with the easement for ingress and egress contained in Document No. 2520361. 

Abstract Property

Parcel 26 (“150 Marie, LLC”)

LEGAL DESCRIPTION OF EASEMENT AREAS 

Parcel 26 as shown on DAKOTA COUNTY RIGHT OF WAY MAP NO. 480, according to the recorded map thereof, Dakota County, Minnesota. 

And 

TE 26 as shown on DAKOTA COUNTY RIGHT OF WAY MAP NO. 480, according to the recorded map thereof, Dakota County, Minnesota.

Parcel 26 (“150 Marie, LLC”) DEPICTION OF EASEMENT AREAS A-!34

Parcel 28 (“Colleen L. Trejo”) Interest NameAddress and Telephone NumberFee OwnerColleen L. Trejo, a single personColleen L. Trejo 139 Muriel Boulevard West St. Paul, MN 55118 MortgageeTCF National Bank, a national banking association TCF National Bank Legal Processing OBS-SD-G 4101 West 30th Street Sioux Falls, SD 57106 Property TaxesCounty of DakotaCounty of Dakota c/o Joel T. Beckman Dakota County Treasurer/Auditor 1590 Highway 55 Hastings, MN 55033 Possible Unknown Real Property Interest OwnersAll other parties unknown having any right, title or interest in the real property described below, together with the unknown heirs or devisees, if any, of the parties that may be deceased and including unknown spouses, if any, and all others claiming any interest in the property described below.A-!35 

Parcel 28 (“Colleen L. Trejo”) – PID: 42-63450-02-050

LEGAL DESCRIPTION OF LANDOWNER’S PROPERTY 

Lot 5, Block 2, A.E. Rehnberg’s Southview Addition, Dakota County, Minnesota. 

Abstract Property 

Parcel 28 (“Colleen L. Trejo”)

LEGAL DESCRIPTION OF EASEMENT AREA 

TE 28 as shown on DAKOTA COUNTY RIGHT OF WAY MAP NO. 480, according to the recorded map thereof, Dakota County, Minnesota.

Parcel 28 (“Colleen L. Trejo”) DEPICTION OF EASEMENT AREA A-!38

(South-West Review: Jan. 6, 13, 20, 2019)

_____

STATE OF MINNESOTA

COUNTY OF DAKOTA

DISTRICT COURT

FIRST JUDICIAL DISTRICT

COURT FILE NO. 19HA-CV-18-4611 

NOTICE OF OBJECTS OF THE PETITION, NOTICE OF CONDEMNATION HEARING AND NOTICE OF MOTION AND MOTION ORDERING TRANSFER OF TITLE AND POSSESSION 

Case Type: Condemnation 

City of West St. Paul, 

a Minnesota municipal corporation, 

Petitioner, 

v. 

Covington Court Apartments, LP, a Minnesota limited partnership; Deutsche Bank Trust Company Americas, a New York Corporation; Comcast of St. Paul, Inc., a Minnesota corporation; Coin Controlled Washers, Inc., an Illinois corporation d/b/a Macke Laundry Service-Minnesota, Inc.; County of Dakota; Ottawa Investment Company, Limited Partnership, a Minnesota limited partnership; Fannie Mae, a corporation organized and existing under the laws of the United States; State of Minnesota; Timberland Partners XXXIV, LLP, a Minnesota limited liability partnership; Timberland Partners III, LLP, a Minnesota limited liability partnership; Michael A. Nelson, LLC, a Minnesota limited liability company; Federal Home Loan Mortgage Corporation, a corporation organized and existing under the laws of the United States; Board of Water Commissioners of the City of St. Paul, a Minnesota municipal corporation; BDS Laundry Management Company, a Minnesota corporation; Southview Acres Health Care Center, Inc., a Minnesota corporation, f/k/a Southview Acres, Incorporated; Southview Senior Living LLC, a Minnesota limited liability company; The Phoenix Residence, Inc., a Minnesota nonprofit corporation; Clean Holdings LLC, a Minnesota limited liability company; 150 Marie, LLC, a Minnesota limited liability company; Thomas L. Skadron and Terri S. Skadron, husband and wife; U.S. Bank National Association, a national banking association; Old National Bancorp, an Indiana corporation, as successor by merger to Anchor Bank, N.A.; ESI Properties, LLC, a Minnesota limited liability company; Colleen L. Trejo, a single person; TCF National Bank, a national banking association; and all other parties unknown having any right, title or interest in the property described in Petitioner’s Petition, together with the unknown heirs or devisees, if any, of the parties that may be deceased, and including unknown spouses, if any, and all others claiming any interest in the property described in Petitioner’s Petition, 

Respondents.

IN THE MATTER OF CONDEMNATION OF REAL PROPERTY EASEMENTS LOCATED IN THE CITY OF WEST ST. PAUL, 

COUNTY OF DAKOTA, MINNESOTA, AS REQUIRED FOR THE 

MARIE AND OAKDALE TRAIL PROJECT NO. 18-4 

TO: 

THE DISTRICT COURT ADMINISTRATOR AND ALL PARTIES IDENTIFIED ON THE ATTACHED EXHIBIT A AS HAVING ANY RIGHT TITLE OR INTEREST IN THE PROPERTY DESCRIBED THEREIN AND ALL OTHERS CLAIMING ANY INTEREST IN SAID PROPERTY (“Respondents”). 

YOU WILL PLEASE TAKE NOTICE that, pursuant to Minn. Stat. § 117.055, you are hereby notified that the objects of Petitioner’s Petition in condemnation are fully stated in the “Petition” that is being served and published contemporaneously with this Notice of the Objects of the Petition. The objective of the Petition is to secure a court order approving Petitioner’s requested acquisition of permanent and temporary easement rights to certain property necessary for public purposes to facilitate the construction of multi-use trail along Marie Avenue from Robert Street to Oakdale Avenue as part of the Marie and Oakdale Trail Project 18-4 (the “Project.”). 

The property that is sought to be acquired by the Petitioner is legally described in the attached EXHIBIT A, together with the names of all persons appearing of record or known to Petitioner to be owners of said real property interests, including all of whom Petitioner has been able by investigation and due inquiry to discover, together with the nature of the ownership as nearly as can be ascertained.

The acquisition of property rights by a municipality utilizing its power of eminent domain is commonly referred to as a “taking” (as referenced below in Minn. Stat. § 117.055). Please note, however, that the municipality must also pay just compensation for the “taking” of the property rights for a public use or public purpose. 

Minn. Stat. § 117.055, Subd. 2 (b) specifically states that: 

(1) a party wishing to challenge the public use or public purposes, 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. 

YOU, AND EACH OF YOU, ARE FURTHER NOTIFIED that on February 7, 2019 at 9:00 a.m., or as soon thereafter as counsel can be heard, at a Special Term of the District Court of the County of Dakota, Judicial Center, 1560 West Highway 55, Hastings, Minnesota 55033, Petitioner, City of West St. Paul, will present its Petition for the condemnation of certain property situated in Dakota County, Minnesota, for the purpose of acquiring permanent and temporary easement rights to the parcels described in its Petition (the “Subject Property”), on file in the office of the District Court Administrator of the above-named Court, and in its Notice of Intent to Take Title and Possession, which has been served upon Respondents. The transfer of the easement title interest to the Subject Property will be effective as indicated in the Court’s order transferring title and possession to the Petitioner. 

YOU, AND EACH OF YOU, ARE FURTHER NOTIFIED that at the above time and place, Petitioner will also move the Court for an Order transferring title and right of possession of the Subject Property described in the attached EXHIBIT A to Petitioner. The motion will be made on all files and records herein and under authority of Minn. Stat. § 117.042, as amended, which provides for such Order upon deposit with the Court or payment to Respondents of an amount equal to Petitioner’s approved appraisal of value for the easement title interest to the Subject Property. The deposit of the amount for the benefit of those entitled by law to damages will be made to Respondents on or before the date of transfer of title and possession pursuant to this motion. 

The Petitioner further prays for the appointment by the Court of three disinterested commissioners to ascertain and report the damages for the permanent and temporary easement rights to be taken and acquired for the above-stated purpose and the injuries caused by such taking. 

The Petitioner reserves the right to recover costs of cleanup and testing and all other damages resulting from the presence of pollutants, contaminants or hazardous materials on the property described in the Petition from all responsible parties in a separate legal action. In the event that tests or evaluations undertaken by or on behalf of Petitioner indicate the presence of pollution, contamination or hazardous materials on said properties, the Petitioner further reserves the right to condition the condemnation commission awards on the right of Petitioner to bring a separate legal action to recover testing, cleanup, costs and all other recoverable damages.

LeVANDER, GILLEN & MILLER, P.A.

Dated: December 27, 2018

/s/ Jay P. Karlovich

Korine L. Land, Lic. No. 262432

Jay P. Karlovich, Lic. No. 247650

David L. Sienko, Lic. No. 0391910

633 South Concord Street, Suite 400

South St. Paul, MN 55075

(651) 451-1831

Attorneys for Petitioner

ACKNOWLEDGMENT 

The party above-named represented by the undersigned, hereby acknowledges that sanctions may be imposed pursuant to Minnesota Statutes, § 549.211.

/s/ Jay P. Karlovich

EXHIBIT A Parcel 9 (“Covington Court Apartments, LP”) Interest NameAddress and Telephone NumberFee OwnerCovington Court Apartments, LP, a Minnesota limited partnership Covington Court Apartments, LP c/o James D Echtenkamp, Registered Agent 7901 Xerxes Avenue South Bloomington, MN 55431 MortgageeDeutsche Bank Trust Company Americas, a New York CorporationDeutsche Bank Trust Company Americas 60 Wall Street, 10th Floor New York, NY 10005 Deutsche Bank Trust Company Americas c/o Corporation Trust Center 1209 Orange Street Wilmington, DE 19801 Easement Comcast of St. Paul, Inc., a Minnesota corporationComcast of St. Paul, Inc. c/o C T Corporation System Inc. 1010 Dale Street North St Paul, MN 55117 A-!1Lease Coin Controlled Washers, Inc., an Illinois corporation d/b/a Macke Laundry Service-Minnesota, Inc. Coin Controlled Washers, Inc. c/o Prentice-Hall Corp System Inc Corporation Service Company 2345 Rice Street, Suite 230 Roseville, MN 55113 Coin Controlled Washers, Inc. c/o Minnesota Secretary of State 60 Empire Dr., Suite 100 Saint Paul, MN 55103 Coin Controlled Washers, Inc. c/o Illinois Secretary of State Department of Business Services 501 S. Second Street, Room 350 Springfield, IL 62756 Coin Controlled Washers, Inc. c/o Jerome Seiden 122 Messner Drive Wheeling, IL 60090 Property TaxesCounty of DakotaCounty of Dakota c/o Joel T. Beckman Dakota County Treasurer/Auditor 1590 Highway 55 Hastings, MN 55033 Possible Unknown Real Property Interest OwnersAll other parties unknown having any right, title or interest in the real property described below, together with the unknown heirs or devisees, if any, of the parties that may be deceased and including unknown spouses, if any, and all others claiming any interest in the property described below.A-!2 

Parcel 9 (“Covington Court Apartments, LP”) – PID: 42-02900-03-011

LEGAL DESCRIPTION OF LANDOWNER’S PROPERTY 

All that part of the Northwest Quarter of Northeast Quarter of Northeast Quarter of Section 29, Township 28, Range 22, lying South of the centerline of Marie Avenue, except that part of the West 175 feet thereof, lying between two lines both running East at right angles to the West line of said Northwest Quarter of the Northeast Quarter of the Northeast Quarter from points thereon distant, respectively 487 feet and 552 feet south of the Northwest corner thereof, subject to Marie Avenue and to Oakdale Avenue, according to the United States Government Survey thereof and situate in Dakota County, Minnesota.

Abstract Property 

Parcel 9 (“Covington Court Apartments, LP”)

LEGAL DESCRIPTION OF EASEMENT AREAS 

Parcel 9 as shown on DAKOTA COUNTY RIGHT OF WAY MAP NO. 480, according to the recorded map thereof, Dakota County, Minnesota. 

AND 

Temporary Easement 9 as shown on DAKOTA COUNTY RIGHT OF WAY MAP NO. 480, according to the recorded map thereof, Dakota County, Minnesota.

Parcel 9 (“Covington Court Apartments, LP”) DEPICTION OF EASEMENT AREAS A-!5

Parcel 11 (“Ottawa Investment Company, Limited Partnership”) Interest NameAddress and Telephone NumberFee OwnerOttawa Investment Company, Limited Partnership, a Minnesota limited partnership Ottawa Investment Company c/o Sidney Bader, Registered Agent 3020 France Avenue South St Louis Park, MN 55416 MortgageeFannie Mae, a corporation organized and existing under the laws of the United States Fannie Mae 3900 Wisconsin Avenue NW Washington, DC 20016Easement InterestState of Minnesota State of Minnesota Minnesota Attorney General 445 Minnesota Street, Suite 1400 St. Paul, MN 55101 Property TaxesCounty of DakotaCounty of Dakota c/o Joel T. Beckman Dakota County Treasurer/Auditor 1590 Highway 55 Hastings, MN 55033 Possible Unknown Real Property Interest OwnersAll other parties unknown having any right, title or interest in the real property described below, together with the unknown heirs or devisees, if any, of the parties that may be deceased and including unknown spouses, if any, and all others claiming any interest in the property described below.A-!6 

Parcel 11 (“Ottawa Investment Company, Limited Partnership”) – PID: 42-02900-04-010

LEGAL DESCRIPTION OF LANDOWNER’S PROPERTY 

The Southwest Quarter of the Northeast Quarter of the Northeast Quarter of Section 29, Township 28, Range 22, EXCEPTING therefrom the North 30 feet, according to the United States Government Survey thereof and situate in Dakota County, Minnesota. 

Abstract Property 

Parcel 11 (“Ottawa Investment Company, Limited Partnership”)

LEGAL DESCRIPTION OF EASEMENT AREAS 

Parcel 11 as shown on DAKOTA COUNTY RIGHT OF WAY MAP NO. 480, according to the recorded map thereof, Dakota County, Minnesota. 

AND 

TE 11 as shown on DAKOTA COUNTY RIGHT OF WAY MAP NO. 480, according to the recorded map thereof, Dakota County, Minnesota.

Parcel 11 (“Ottawa Investment Company, Limited Partnership”) DEPICTION OF EASEMENT AREAS A-!9

Parcel 12 (“Timberland Partners XXXIV, LLP, et al.”) Interest Name Address and Telephone Number Fee Owner Timberland Partners XXXIV, LLP, a Minnesota limited liability partnership Timberland Partners XXXIV, LLP 8000 Norman Center Drive Suite 830 Minneapolis, MN 55437 Fee Owner Timberland Partners III, LLP, a Minnesota limited liability partnership Timberland Partners III, LLP 8000 Norman Center Drive Suite 830 Minneapolis, MN 55437 Fee Owner Michael A. Nelson, LLC, a Minnesota limited liability company Michael A. Nelson, LLC c/o Michael Nelson, Manager 3169 Lake Shore Boulevard Wayzata, MN 55391 Mortgagee Federal Home Loan Mortgage Corporation, a corporation organized and existing under the laws of the United States Federal Home Loan Mortgage Corporation 8200 Jones Branch Drive McLean, VA 22101 Easement Interest Board of Water Commissioners of the City of St. Paul, a Minnesota municipal corporation Board of Water Commissioners of the City of St. Paul 15 Kellogg Boulevard West St. Paul, MN 55102 Lessee Interest BDS Laundry Management Company, a Minnesota corporation BDS Laundry Management Company c/o David DeMarsh, CEO 2430 Enterprise Drive Mendota Heights, MN 55120 Property Taxes County of Dakota County of Dakota c/o Joel T. Beckman Dakota County Treasurer/Auditor 1590 Highway 55 Hastings, MN 55033 Possible Unknown Real Property Interest Owners All other parties unknown having any right, title or interest in the real property described below, together with the unknown heirs or devisees, if any, of the parties that may be deceased and including unknown spouses, if any, and all others claiming any interest in the property described below. 

Parcel 12 (“Timberland Partners XXXIV, LLP, et al.”) – PID: 42-83900-01-050

LEGAL DESCRIPTION OF LANDOWNER’S PROPERTY 

Lot 5, Block 1, Westwood Villas Addition, Dakota County, Minnesota. 

Abstract Property 

Parcel 12 (“Timberland Partners XXXIV, LLP, et al.”)

LEGAL DESCRIPTION OF EASEMENT AREA 

TE 12 as shown on DAKOTA COUNTY RIGHT OF WAY MAP NO. 480, according to the recorded map thereof, Dakota County, Minnesota.

Parcel 12 (“Timberland Partners XXXIV, LLP, et al.”) DEPICTION OF EASEMENT AREA A-!13

Parcel 15 (“Timberland Partners, LLP, et al.”) Interest NameAddress and Telephone NumberFee OwnerTimberland Partners XXXIV, LLP, a Minnesota limited liability partnership Timberland Partners XXXIV, LLP 8000 Norman Center Drive Suite 830 Minneapolis, MN 55437 Fee OwnerTimberland Partners III, LLP, a Minnesota limited liability partnershipTimberland Partners III, LLP 8000 Norman Center Drive Suite 830 Minneapolis, MN 55437 Fee OwnerMichael A. Nelson, LLC, a Minnesota limited liability company Michael A. Nelson, LLC c/o Michael Nelson, Manager 3169 Lake Shore Boulevard Wayzata, MN 55391 MortgageeFederal Home Loan Mortgage Corporation, a corporation organized and existing under the laws of the United States Federal Home Loan Mortgage Corporation 8200 Jones Branch Drive McLean, VA 22101Easement InterestBoard of Water Commissioners of the City of St. Paul, a Minnesota municipal corporationBoard of Water Commissioners of the City of St. Paul 15 Kellogg Boulevard West St. Paul, MN 55102 Lessee InterestBDS Laundry Management Company, a Minnesota corporation BDS Laundry Management Company c/o David DeMarsh, CEO 2430 Enterprise Drive Mendota Heights, MN 55120 A-!14

Parcel 15 (“Timberland Partners XXXIV, LLP, et al.”) – PID: 42-83900-01-010

LEGAL DESCRIPTION OF LANDOWNER’S PROPERTY 

Lot 1, Block 1, Westwood Villas Addition, Dakota County, Minnesota. 

Abstract Property 

Parcel 15 (“Timberland Partners XXXIV, LLP, et al.”)

LEGAL DESCRIPTION OF EASEMENT AREAS 

Parcel 15 as shown on DAKOTA COUNTY RIGHT OF WAY MAP NO. 480, according to the recorded map thereof, Dakota County, Minnesota. 

AND 

TE 15 as shown on DAKOTA COUNTY RIGHT OF WAY MAP NO. 480, according to the recorded map thereof, Dakota County, Minnesota.

Parcel 15 (“Timberland Partners XXXIV, LLP, et al.”) DEPICTION OF EASEMENT AREAS A-!18

Parcel 24 (“Clean Holdings LLC”) Interest NameAddress and Telephone NumberFee OwnerClean Holdings LLC, a Minnesota limited liability company Clean Holdings LLC c/o Dan Klasen, Manager 190 Marie Street East West St Paul, MN 55118 Easement Interest150 Marie, LLC, a Minnesota limited liability company 150 Marie, LLC 1540 Humboldt Avenue, #105 West St Paul, MN 55118 Property TaxesCounty of DakotaCounty of Dakota c/o Joel T. Beckman Dakota County Treasurer/Auditor 1590 Highway 55 Hastings, MN 55033 Possible Unknown Real Property Interest OwnersAll other parties unknown having any right, title or interest in the real property described below, together with the unknown heirs or devisees, if any, of the parties that may be deceased and including unknown spouses, if any, and all others claiming any interest in the property described below.A-!23 

Parcel 24 (“Clean Holdings LLC”) – PID: 42-02000-62-060

LEGAL DESCRIPTION OF LANDOWNER’S PROPERTY 

That part of the Southeast Quarter of the Southwest Quarter of Section 20, Township 28, Range 22, described as follows: Commencing at the Southwest corner of the Southeast Quarter of the Southwest Quarter; thence East, bearing assumed, along the South line of said Southeast Quarter of the Southwest Quarter, a distance of 864.48 feet; thence North a distance of 219.71 feet to the point of beginning of the land to be described; thence East a distance of 224.00 feet; thence North a distance of 195.77 feet to the South line of Marie Avenue; thence West, along said South line, a distance of 157.52 feet; thence Southwesterly, along said South line, on a tangential curve concave to the South, having a radius of 252.94 feet, a central angel of 15 degrees 14 minutes 20 seconds, a distance of 67.27 feet to its intersection with a line bearing North from the point of beginning; thence South a distance of 186.88 feet to the point of beginning, according to the United States Government Survey thereof and situate in Dakota County, Minnesota. 

Abstract Property 

Parcel 24 (“Clean Holdings LLC”)

LEGAL DESCRIPTION OF EASEMENT AREAS 

Parcel 24 as shown on DAKOTA COUNTY RIGHT OF WAY MAP NO. 480, according to the recorded map thereof, Dakota County, Minnesota. 

And 

TE 24 as shown on DAKOTA COUNTY RIGHT OF WAY MAP NO. 480, according to the recorded map thereof, Dakota County, Minnesota.

Parcel 24 (“Clean Holdings LLC”) DEPICTION OF EASEMENT AREAS A-!26

Parcel 25 (“Thomas L. Skadron and Terri S. Skadron”) Interest NameAddress and Telephone NumberFee OwnerThomas L. Skadron and Terri S. Skadron, husband and wifeThomas L. Skadron 178 Marie Avenue East West St. Paul, MN 55118 Terri S. Skadron 178 Marie Avenue East West St. Paul, MN 55118 MortgageeU.S. Bank National Association, a national banking associationU.S. Bank National Association Attn: Legal Department 800 Nicollet Mall, 21st Floor Minneapolis, MN 55402 Property TaxesCounty of DakotaCounty of Dakota c/o Joel T. Beckman Dakota County Treasurer/Auditor 1590 Highway 55 Hastings, MN 55033 Possible Unknown Real Property Interest OwnersAll other parties unknown having any right, title or interest in the real property described below, together with the unknown heirs or devisees, if any, of the parties that may be deceased and including unknown spouses, if any, and all others claiming any interest in the property described below.Easement InterestSouthview Senior Living LLC, a Minnesota limited liability company Southview Senior Living LLC c/o Sheridan Law Offices 4470 Erin Drive Eagan, MN 55122 Property TaxesCounty of DakotaCounty of Dakota c/o Joel T. Beckman Dakota County Treasurer/Auditor 1590 Highway 55 Hastings, MN 55033 Possible Unknown Real Property Interest OwnersAll other parties unknown having any right, title or interest in the real property described below, together with the unknown heirs or devisees, if any, of the parties that may be deceased and including unknown spouses, if any, and all others claiming any interest in the property described below.A-!15InterestCounty of Dakota County of Dakota Attn: Transportation Western Services Center 14955 Galaxie Ave # 335 Apple Valley, MN 55124 Easement InterestSouthview Acres Health Care Center, Inc., a Minnesota corporation Southview Acres Health Care Center, Inc. c/o Pearl A. Lemieux, CEO 2000 Oakdale Avenue West St Paul, MN 55118 Easement InterestSouthview Senior Living LLC, a Minnesota limited liability company Southview Senior Living LLC c/o Sheridan Law Offices 4470 Erin Drive Eagan, MN 55122 Property TaxesCounty of DakotaCounty of Dakota c/o Joel T. Beckman Dakota County Treasurer/Auditor 1590 Highway 55 Hastings, MN 55033 Possible Unknown Real Property Interest OwnersAll other parties unknown having any right, title or interest in the real property described below, together with the unknown heirs or devisees, if any, of the parties that may be deceased and including unknown spouses, if any, and all others claiming any interest in the property described below.Easement InterestCounty of Dakota County of Dakota Attn: Transportation Western Services Center 14955 Galaxie Ave # 335 Apple Valley, MN 55124 Easement InterestSouthview Acres Health Care Center, Inc., a Minnesota corporation Southview Acres Health Care Center, Inc. c/o Pearl A. Lemieux, CEO 2000 Oakdale Avenue West St Paul, MN 55118 Easement InterestSouthview Senior Living LLC, a Minnesota limited liability company Southview Senior Living LLC c/o Sheridan Law Offices 4470 Erin Drive Eagan, MN 55122 Property TaxesCounty of DakotaCounty of Dakota c/o Joel T. Beckman Dakota County Treasurer/Auditor 1590 Highway 55 Hastings, MN 55033 

Parcel 25 (“Thomas L. Skadron and Terri S. Skadron”) – PID: 42-02000-62-050

LEGAL DESCRIPTION OF LANDOWNER’S PROPERTY 

Beginning at a point 635.77 feet East and 295.77 feet North of the Southwest corner of the Southeast Quarter of the Southwest Quarter (SE ••• of SE •••), Section Twenty (20), Township Twenty Eight (28), Range Twenty-two (22), thence Northeasterly (N 45 degrees E.) 240 feet, thence East 59 feet, thence South 275.77 feet, thence West 122.64 feet, thence Northwesterly (N 45 degrees W.) 150 feet, to the point of beginning, Dakota County, Minnesota. 

Abstract Property 

Parcel 25 (“Thomas L. Skadron and Terri S. Skadron”)

LEGAL DESCRIPTION OF EASEMENT AREAS 

Parcel 25 as shown on DAKOTA COUNTY RIGHT OF WAY MAP NO. 480, according to the recorded map thereof, Dakota County, Minnesota. 

AND 

TE 25 as shown on DAKOTA COUNTY RIGHT OF WAY MAP NO. 480, according to the recorded map thereof, Dakota County, Minnesota. 

Parcel 25 (“Thomas L. Skadron and Terri S. Skadron”) DEPICTION OF EASEMENT AREAS A-!30

Parcel 26 (“150 Marie, LLC”) Interest NameAddress and Telephone NumberFee Owner150 Marie, LLC, a Minnesota limited liability company 150 Marie, LLC 1540 Humboldt Avenue, #105 West St Paul, MN 55118 MortgageeOld National Bancorp, an Indiana corporation, as successor by merger to Anchor Bank, N.A. Old National Bancorp c/o Jeff Knight, Registered Agent One Main Street Evansville, IN 47708 Easement InterestESI Properties, LLC, a Minnesota limited liability company ESI Properties, LLC c/o Jay Barnett, Registered Agent 220 Marie Avenue East West St Paul, MN 55118 Easement InterestClean Holdings LLC, a Minnesota limited liability company Clean Holdings LLC c/o Dan Klasen, Manager 190 Marie Street East West St Paul, MN 55118 Property TaxesCounty of DakotaCounty of Dakota c/o Joel T. Beckman Dakota County Treasurer/Auditor 1590 Highway 55 Hastings, MN 55033 Possible Unknown Real Property Interest OwnersAll other parties unknown having any right, title or interest in the real property described below, together with the unknown heirs or devisees, if any, of the parties that may be deceased and including unknown spouses, if any, and all others claiming any interest in the property described below.A-!31 

Parcel 26 (“150 Marie, LLC”) – PID: 42-02000-62-070

LEGAL DESCRIPTION OF LANDOWNER’S PROPERTY 

Beginning at a point 377 feet East of the Southwest Corner of said Southeast Quarter of the Southwest Quarter of Section 20; being the intersection of the South property line of Marie Avenue and the South line of Section 20; thence Northeasterly along the curve of the Southerly property line of Marie Avenue, central angel 21 degrees 16 minutes, radius 352.94 feet, a distance of 131 feet to the end of curve; thence North 45 degrees 00 minutes East, a distance of 264.52 feet; thence South 45 degrees 00 minutes East a distance of 100 feet; thence East a distance of 122.64 feet; thence North a distance of 30 feet; thence East to the intersection with “Line A”; said “Line A” is described as commencing at the Southeast corner of the Southeast Quarter of the Southwest Quarter of said Section 20; thence West 232.18 feet to a point 1088.48 feet East of the southwest corner of said Southeast Quarter of the Southwest Quarter and the point of beginning of said “Line A”; thence North 415.48 feet to the south line of Marie Avenue and said “Line A” there terminating; thence southerly, along said “Line A”, to the South line of Section 20; thence westerly to the point of beginning and there terminating, Dakota County, Minnesota. 

Together with the easement for ingress and egress contained in Document No. 2520361. 

Abstract Property 

Parcel 26 (“150 Marie, LLC”)

LEGAL DESCRIPTION OF EASEMENT AREAS 

Parcel 26 as shown on DAKOTA COUNTY RIGHT OF WAY MAP NO. 480, according to the recorded map thereof, Dakota County, Minnesota. 

And 

TE 26 as shown on DAKOTA COUNTY RIGHT OF WAY MAP NO. 480, according to the recorded map thereof, Dakota County, Minnesota.

Parcel 26 (“150 Marie, LLC”) DEPICTION OF EASEMENT AREAS A-!34

(South-West Review: Jan. 6, 13, 20, 2019)

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