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STATE OF MINNESOTA   
DISTRICT COURT
    COUNTY OF SWIFT
    EIGHTH JUDICIAL DISTRICT
    COURT FILE NO. 76-CV-21-11
CASE TYPE:  CONDEMNATION
The Honorable David L. Mennis

State of Minnesota, by its Commissioner of Transportation,                Petitioner,
    vs.   
Andy R. Schreck, et al.
        Respondents.
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IN THE MATTER OF THE CONDEMNATION OF CERTAIN LANDS FOR TRUNK HIGHWAY PURPOSES NOTICE
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To the Respondents hereinabove named:
You, and each of you, are hereby notified that on April 14, 2021, at 1:30 pm., or as soon thereafter as counsel can be heard, before Judge David L. Mennis, via remote hearing, from the Courthouse at Benson, Swift County, Minnesota, the above named petitioner will present to the above named Court a petition now on file herein for the condemnation of certain lands for trunk highway purposes.  You are notified this matter is set for a remote hearing.  This hearing will not be in person at the courthouse. Instructions for attending the remote hearing may be obtained from Swift County Court Administration.  A copy of said petition is attached hereto and incorporated herein.
YOU, AND EACH OF YOU, ARE FURTHER NOTIFIED, That at the above time and place the above-named petitioner will also move the court for an order transferring title and possession to petitioner of the parcels described in the petition in accordance with Minn. Stat. § 117.042, as of May 19, 2021.
YOU, AND EACH OF YOU, ARE FURTHER NOTIFIED, that all persons occupying the property described in the petition must VACATE THE AREA BEING ACQUIRED AND MOVE ALL OF YOUR PERSONAL PROPERTY FROM THE AREA BEING ACQUIRED ON OR BEFORE MAY 19, 2021.  All advertising signs or devices located on the property being acquired must be removed by May 19, 2021.
YOU, AND EACH OF YOU, ARE FURTHER NOTIFIED, that (1) a party wishing to challenge the public use or public purpose, necessity, or authority for a taking must appear at the court hearing and state the objection or must appeal within 60 days of a court order; and (2) a court order approving the public use or public purpose, necessity, and authority for the taking is final unless an appeal is brought within 60 days after service of the order on the party.
Dated:  January 25, 2021   
KEITH ELLISON
Attorney General
State of Minnesota
s/Mathew Ferche
MATHEW FERCHE
Assistant Attorney General
Atty. Reg. No. 0391282
445 Minnesota Street, Suite 1400
St. Paul, Minnesota 55101-2131
(651) 757-1457 (Voice)
(651) 297-4077 (Fax)
mathew.ferche@ag.state.mn.us
ATTORNEY FOR MINNESOTA
DEPARTMENT OF TRANSPORTATION

    
STATE OF MINNESOTA   
COUNTY OF SWIFT
CONDEMNATION
IN DISTRICT COURT
EIGHTH JUDICIAL DISTRICT
PETITION
-------------------------------------------------------------------------------------------
State of Minnesota, by its Commissioner of Transportation,
        Petitioner,
    vs.
Andy R. Schreck, AgCountry Farm Credit Services, FLCA, successor in interest by corporate merger, consolidation, amendment, or conversion to United FCS, FLCA, County of Swift, Peter Behlen, as trustee of Trust Agreement of Peter Behlen dated March 24, 2008, Erin Haugen, Lucas Tosel, LoganTosel, Matthew Haugen, Dru N. Tosel, also known as Dru Tosel, Julie A. Tosel, also known as Julie Tosel, Star Bank, James A. Murphy, Antoinette M. Murphy, Janice M. Timm, Teresa Walker, Deborah Reimnitz, Renee Olson, Robert Timm, Ronald Olson, also known as Bo, Marie Commerford, Commerford Gravel, Inc., Unknown heirs of Ruth L. Clemens, deceased, Unknown heirs of George E. Clemens, deceased, MDE, LLC, Jennie-O Turkey Store, Inc, successor in interest by corporate merger, consolidation, amendment, or conversion to Jennie-O Foods, Inc., Jennie-O Foods of Willmar, Inc., North Star Turkey Farms, Inc. and to Koronis Mills Corporation, Randy Ascheman, Anne Schmidt, Bonnie Helwig, formerly known as Bonnie Ascheman, Lynette Wellendorf, Patricia A. Ascheman, Rick Helwig, Bruce Wellendorf, Allen D. Giese, also known as Allen Giese, Donna L. Barney, Byron L. Giese, Joanne E. Maeder, also known as Joanne Eileen Maeder, also known as Joanne Giese-Maeder, Janel A. Redepenning, Patricia A. Giese, also known as Patricia Giese, Stanley Barney, Marlene Giese, Edward C. Maeder, Shawn Redepenning, NSK Properties, Inc., KFI Properties, Inc., James Schlieman, also known as James C. Schlieman, Linda Schlieman, also known as Linda S. Schlieman, David A. Smith, Audrey Smith, Eric Smith, Bremer Trust, N.A., as trustee of Jorgenson Family Trust under agreement dated March 12, 2001, Sandra L. Borka, David J. Borka, David J. Borka, Sandra L. Borka, State of Minnesota Department of Natural Resources, J. and D. Development of Appleton, Inc., the true and correct name of J&D Development, an inactive Minnesota corporation, Matthew Haugen, Erin Haugen, Delores R. Tosel, as trustee of Delores R. Tosel Trust, dated October 11, 2010, Jacklynn M. Schmidt and Roger L. Schmidt and Aaron R. Schmidt and Anne K. Kells, as trustees of Roger and Jacklynn Schmidt Living Trust dated August 21, 2013, Prairie Sun Bank, Paul Stock, Cynthia Stock, Lillian Stock, as Personal Representative of the Estate of Gregory Stock, also known as Gregory Lawrence Stock, deceased, Marsha Kittelson, Susan K. Hanson, Darryl R. Hanson, Lillian Stock, Richard Guse, also known as Richard L. Guse and Beth Guse, also known as Beth Y. Guse, as trustees of Beth Guse Trust under agreement dated August 14, 2012, Richard Guse, also known as Richard L. Guse and Beth Guse, also known as Beth Y. Guse, as trustees of Richard Guse Trust under agreement dated August 14, 2012, Shriners Hospital for Children, CenBank, also all other persons unknown claiming any right, title, estate, interest or lien in the real estate described in the Petition herein,
        Respondents.
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IN THE MATTER OF THE CONDEMNATION OF
CERTAIN LANDS FOR TRUNK HIGHWAY PURPOSES
-------------------------------------------------------------------------------------------
To the District Court above named the State of Minnesota brings this Petition and respectfully states and alleges:
I.
That Trunk Highway numbered 12, being Route numbered 026, has been located according to law and passes over the lands herein described.
That it is duly covered by Right of Way Plat Orders numbered 98734, 98735, 98736, 98737, 98738, 98741, 98742, and 98752.
II.
That the Commissioner of Transportation deems it necessary that the State of Minnesota for trunk highway purposes obtain the lands herein described in fee simple absolute, together with the following rights:  to acquire a temporary easement in those cases which are herein particularly mentioned; and with reference to Parcel 401, the State of Minnesota shall also extinguish all rights and interests which the owner of the lands from which said Parcel is being acquired may or could have in the cattle pass and lands provided by the State of Minnesota in eminent domain proceedings brought in Swift County, entitled “State vs. Shelstad, et al”, S.P. 12=26-25-1 [also known as C.S. 7603 (12=26-25-1], Parcel 1, at approximate Engineer’s Station 893+22, it being intended that said cattle pass and lanes shall be forever extinguished and obliterated.
With reference to Parcels 234A and 401, it is the intention of this proceeding to except all severed mineral rights, not including rights to sand and gravel, and reserve to the owners of the severed mineral rights, their heirs, successors and assigns, the rights and privileges to explore for, mine, and remove the minerals, but only in such manner that will not interfere with the use of said land for highway purposes or with the safe and continuous operation of any public highway thereon, and further the severed mineral owners reserve the right to relocate the highway at the mineral owners’ expense pursuant to Minnesota Statutes §l60.l0 as such may be amended.
It is the intention of the above-named petitioner to move the court for an order authorizing the Court Administrator to accept and deposit in an interest bearing account payments from the petitioner to the court pursuant to Minnesota statutes.
Further, it is the intention of the above-named petitioner to move the court for an order transferring title and possession of the parcels herein described, prior to the filing of an award by the court appointed commissioners, pursuant to Minnesota Statutes §117.042.
The petitioner reserves its right to recover costs of clean up and testing and all other damages arising from the presence of pollutants, contaminants, or hazardous materials on the property described herein, from all potential responsible parties, including respondents herein where appropriate, in a separate legal action to the extent permitted by law.
III.
That the following described lands in these proceedings taken are situated in Swift County, Minnesota; that the names of all persons appearing of record or known to your petitioner to be the owners of said lands or interested therein, including all whom your petitioner has been able by investigation and inquiry to discover, together with the nature of the ownership of each, as nearly as can be ascertained, are as follows:
 
FEE ACQUISITION
Parcel 206  C.S. 7603 (12=26-25-1)
S.P. 0603-16RW
All of the following:
That part of the Southeast Quarter of the Southwest Quarter and
the Southwest Quarter of the Southeast Quarter, all in Section 8,
Township 121 North, Range 43, shown as Parcel 206 on
Minnesota Department of Transportation Right of Way Plat
Numbered 76-21 as the same is on file and of record in the office
of the County Recorder in and for Swift County, Minnesota;
containing 3.06 acres, more or less, of which 2.80 acres is encumbered by an existing highway easement;
together with other rights as set forth below, forming and being part of said Parcel 206:
Temporary Easement:
A temporary easement for highway purposes as shown on said
plat as to said Parcel 206 by the temporary easement symbol, said
easement shall cease on December 1, 2024, or on such earlier
date upon which the Commissioner of Transportation determines
by formal order that it is no longer needed for highway purposes.   
Names of parties interested in the above described land and nature of interest:
Andy R. Schreck                Fee
AgCountry Farm Credit Services, FLCA,     Mortgage
successor in interest by corporate merger,
consolidation, amendment, or conversion to
United FCS, FLCA
       
County of Swift        Taxes and Special Assessments

FEE ACQUISITION
Parcel 207  C.S. 7603 (12=26-25-1)
S.P. 0603-16RW
All of the following:
That part of the North Half of the Northeast Quarter of Section 17,
Township 121 North, Range 43 West, shown as Parcel 207 on
Minnesota Department of Transportation Right of Way Plat
Numbered 76-21 as the same is on file and of record in the office
of the County Recorder in and for Swift County, Minnesota;
containing 3.81 acres, more or less, of which 3.20 acres is encumbered by an existing highway easement and 0.01 acre is encumbered by and existing road easement;
together with other rights as set forth below, forming and being part of said Parcel 207:
Temporary Easement:
A temporary easement for highway purposes as shown on said
plat as to said Parcel 207 by the temporary easement symbol,
said easement shall cease on December 1, 2024, or on such
earlier date upon which the Commissioner of Transportation
determines by formal order that it is no longer needed for
highway purposes.   
Names of parties interested in the above described land and nature of interest:
Peter Behlen, as trustee of Trust Agreement     Fee
of Peter Behlen dated March 24, 2008
       
County of Swift            Taxes and Ditch Lien
 
FEE ACQUISITION
Parcel 211  C.S. 7603 (12=26-25-1)
S.P. 0603-16RW
All of the following:
That part of the Southwest Quarter of the Southeast Quarter
of Section 9 and the Southeast of the Northeast Quarter of Section
16, all in Township 121 North, Range 43 West, shown as Parcel
211 on Minnesota Department of Transportation Right of Way
Plat Numbered 76-22 as the same is on file and of record
in the office of the County Recorder in and for Swift County,
Minnesota;
containing 4.92 acres, more or less, of which 3.12 acres is encumbered by an existing highway easement and 0.06 acre is encumbered by an existing road easement;
together with other rights as set forth below, forming and being part of said Parcel 211:
Temporary Easement:
A temporary easement for highway purposes as shown on said
plat as to said Parcel 211 by the temporary easement symbol,
said easement shall cease on December 1, 2024, or on such
earlier date upon which the Commissioner of Transportation
determines by formal order that it is no longer needed for
highway purposes.   
Names of parties interested in the above described land and nature of interest:
Peter Behlen, as trustee of Trust Agreement     Fee
of Peter Behlen dated March 24, 2008
       
AgCountry Farm Credit Services, FLCA,     Mortgage
successor in interest by corporate merger,
consolidation, amendment, or conversion to United FCS, FLCA
       
County of Swift            Taxes and Ditch Lien

FEE ACQUISITION
Parcel 211A  C.S. 7603 (12=26-25-1)
S.P. 0603-16RW
All of the following:
That part of the Southeast Quarter of the Northeast Quarter of
Section 16, Township 121 North, Range 43 West, shown as Parcel
211A on Minnesota Department of Transportation Right of Way
Plat Numbered 76-22 as the same is on file and of record in the
office of the County Recorder in and for Swift County, Minnesota;
containing 1.12 acre, more or less;
together with other rights as set forth below, forming and being part of said Parcel 211A:
Temporary Easement:
A temporary easement for highway purposes as shown on said
plat as to said Parcel 211A by the temporary easement symbol,
said easement shall cease on December 1, 2024, or on such
earlier date upon which the Commissioner of Transportation
determines by formal order that it is no longer needed for highway
purposes.   
Names of parties interested in the above described land and nature of interest:
Erin Haugen                Fee
Lucas Tosel       
LoganTosel
       
Matthew Haugen                Spouse

County of Swift            Taxes and Ditch Lien

FEE ACQUISITION
Parcel 212  C.S. 7603 (12=26-25-1)
S.P. 0603-16RW
All of the following:
That part of the Northeast Quarter of the Southeast Quarter of
Section 16, Township 121 North, Range 43 West, shown as
Parcel 212 on Minnesota Department of Transportation Right of
Way Plat Numbered 76-23 as the same is on file and of record in
the office of the County Recorder in and for Swift County, Minnesota;
containing 3.65 acres, more or less, of which 1.98 acres is encumbered by an existing highway easement and 0.10 acre is encumbered by an existing road easement;
together with other rights as set forth below, forming and being part of said Parcel 212:
Temporary Easement:
A temporary easement for highway purposes as shown on said
plat as to said Parcel 212 by the temporary easement symbol, said
easement shall cease on December 1, 2024, or on such earlier
date upon which the Commissioner of Transportation determines
by formal order that it is no longer needed for highway purposes.   
Names of parties interested in the above described land and nature of interest:
Dru N. Tosel, also known as Dru Tosel     Fee
Julie A. Tosel, also known as Julie Tosel
       
Star Bank                Mortgage

County of Swift                Taxes and Ditch Lien

 FEE ACQUISITION
Parcel 214  C.S. 7603 (12=26-25-1)
S.P. 0603-16RW
All of the following:
That part of the North Half of the Northwest Quarter of Section 22,
Township 121 North, Range 43 West, shown as Parcel 214 on
Minnesota Department of Transportation Right of Way Plat
Numbered 76-23 as the same is on file and of record in the office
of the County Recorder in and for Swift County, Minnesota;
containing 1.27 acres, more or less, which is encumbered in its entirety by an existing highway easement;
together with other rights as set forth below, forming and being part of said Parcel 214:
Temporary Easement:
A temporary easement for highway purposes as shown on said
plat as to said Parcel 214 by the temporary easement symbol, said
easement shall cease on December 1, 2024, or on such earlier
date upon which the Commissioner of Transportation determines
by formal order that it is no longer needed for highway purposes.   
Names of parties interested in the above described land and nature of interest:
James A. Murphy                 Fee
Antoinette M. Murphy
       
County of Swift                Taxes and Ditch Lien

 FEE ACQUISITION
Parcel 220  C.S. 7603 (12=26-25-1)
S.P. 0603-16RW
All of the following:
That part of the North Half of the Northwest Quarter of Section 24,
Township 121 North, Range 43 West, shown as Parcel 220 on
Minnesota Department of Transportation Right of Way Plat
Numbered 76-25 as the same is on file and of record in the office
of the County Recorder in and for Swift County, Minnesota;
containing 3.83 acres, more or less, of which 3.58 acres is encumbered by an existing highway easement and 0.01 acre is encumbered by an existing road easement;
together with other rights as set forth below, forming and being part of said Parcel 220:
Temporary Easement:
A temporary easement for highway purposes as shown on said
plat as to said Parcel 220 by the temporary easement symbol, said
easement shall cease on December 1, 2024, or on such earlier
date upon which the Commissioner of Transportation determines
by formal order that it is no longer needed for highway purposes.   
Names of parties interested in the above described land and nature of interest:
Janice M. Timm                Life Estate

Teresa Walker                Fee
Deborah Reimnitz       
Renee Olson       
Robert Timm
       
Ronald Olson, also known as Bo        Spouse

County of Swift                Taxes and Ditch Lien

 FEE ACQUISITION
Parcel 226A  C.S. 7603 (12=26-25-1)
S.P. 0603-16RW
All of the following:
That part of the Northeast Quarter of the Northwest Quarter of
Section 20, Township 121 North, Range 42 West, shown as Parcel
226A on Minnesota Department of Transportation Right of Way
Plat Numbered 76-27 as the same is on file and of record in the
office of the County Recorder in and for Swift County, Minnesota;
containing 2.54 acres, more or less, of which 1.83 acres is encumbered by an existing highway easement;
together with other rights as set forth below, forming and being part of said Parcel 226A:
Temporary Easement:
A temporary easement for highway purposes as shown on said
plat as to said Parcel 226A by the temporary easement symbol,
said easement shall cease on December 1, 2024, or on such
earlier date upon which the Commissioner of Transportation
determines by formal order that it is no longer needed for highway
purposes.   
Names of parties interested in the above described land and nature of interest:
Marie Commerford                Fee

Commerford Gravel, Inc.            Lessee

County of Swift                Taxes

 
FEE ACQUISITION
Parcel 227  C.S. 7603 (12=26-25-1)
S.P. 0603-16RW
All of the following:
That part of the South Half of the Southwest Quarter of Section 17,
Township 121 North, Range 42 West, shown as Parcel 227 on
Minnesota Department of Transportation Right of Way Plat
Numbered 76-27 as the same is on file and of record in the office
of the County Recorder in and for Swift County, Minnesota;
containing 3.63 acres, more or less, which is encumbered in its entirety by an existing highway easement;
together with other rights as set forth below, forming and being part of said Parcel 227:
Temporary Easement:
A temporary easement for highway purposes as shown on said
plat as to said Parcel 227 by the temporary easement symbol,
said easement shall cease on December 1, 2024, or on such
earlier date upon which the Commissioner of Transportation
determines by formal order that it is no longer needed for highway
purposes.   
Names of parties interested in the above described land and nature of interest:
Unknown heirs of Ruth L. Clemens,         Life Estate
   deceased   

Unknown heirs of George E. Clemens,    Life Estate
   deceased

MDE, LLC                Fee

County of Swift                     Taxes and Easement

 
FEE ACQUISITION
Parcel 228  C.S. 7603 (12=26-25-1)
S.P. 0603-16RW
All of the following:
That part of the South Half of the Southeast Quarter of Section 17,
Township 121 North, Range 42 West, shown as Parcel 228 on
Minnesota Department of Transportation Right of Way Plat
Numbered 76-27 as the same is on file and of record in the office
of the County Recorder in and for Swift County, Minnesota;
containing 3.63 acres, more or less, which is encumbered in its entirety by an existing highway easement;
together with other rights as set forth below, forming and being part of said Parcel 228:
Temporary Easement:
A temporary easement for highway purposes as shown on said
plat as to said Parcel 228 by the temporary easement symbol, said
easement shall cease on December 1, 2024, or on such earlier
date upon which the Commissioner of Transportation determines
by formal order that it is no longer needed for highway purposes.   
Names of parties interested in the above described land and nature of interest:
Jennie-O Turkey Store, Inc, successor     Fee
in interest by corporate merger, consolidation,
amendment, or conversion to Jennie-O Foods, Inc.,
Jennie-O Foods of Willmar, Inc.,
North Star Turkey Farms, Inc. and to Koronis Mills Corporation
County of Swift           Taxes, Special Assessment and Easement

FEE ACQUISITION
Parcel 229  C.S. 7603 (12=26-25-1)
S.P. 0603-16RW
All of the following:
That part of the North Half of the Northeast Quarter of Section 20,
Township 121 North, Range 42 West, shown as Parcel 229 on
Minnesota Department of Transportation Right of Way Plat
Numbered 76-27 as the same is on file and of record in the office
of the County Recorder in and for Swift County, Minnesota;
containing 3.65 acres, more or less, which is encumbered in its entirety by an existing highway easement;
together with other rights as set forth below, forming and being part of said Parcel 229:
Temporary Easement:
A temporary easement for highway purposes as shown on said
plat as to said Parcel 229 by the temporary easement symbol, said
easement shall cease on December 1, 2024, or on such earlier
date upon which the Commissioner of Transportation determines
by formal order that it is no longer needed for highway purposes.   
Names of parties interested in the above described land and nature of interest:
Randy Ascheman                Fee
Anne Schmidt
       
Bonnie Helwig, formerly known as         Fee
  Bonnie Ascheman       
Lynette Wellendorf
       
Patricia A. Ascheman            Spouse

Rick Helwig                Spouse
Bruce Wellendorf
       
County of Swift            Taxes and Easement

 
FEE ACQUISITION
Parcel 230  C.S. 7603 (12=26-25-1)
S.P. 0603-16RW
All of the following:
That part of the North Half of the Northwest Quarter of Section 21,
Township 121 North, Range 42 West, shown as Parcel 230 on
Minnesota Department of Transportation Right of Way Plat
Numbered 76-28 as the same is on file and of record in the office
of the County Recorder in and for Swift County, Minnesota;
containing 3.59 acres, more or less, which is encumbered in in its entirety by an existing highway easement;
together with other rights as set forth below, forming and being part of said Parcel 230:
Temporary Easement:
A temporary easement for highway purposes as shown on said
plat as to said Parcel 230 by the temporary easement symbol, said
easement shall cease on December 1, 2024, or on such earlier
date upon which the Commissioner of Transportation determines
by formal order that it is no longer needed for highway purposes.   
Names of parties interested in the above described land and nature of interest:
Allen D. Giese, also known as Allen Giese        Fee
Donna L. Barney       
Byron L. Giese       
Joanne E. Maeder, also known as Joanne Eileen Maeder,
  also known as Joanne Giese-Maeder       
Janel A. Redepenning
       
Patricia A. Giese, also known as Patricia Giese        Spouse
Stanley Barney       
Marlene Giese       
Edward C. Maeder       
Shawn Redepenning
       
County of Swift                    Taxes

FEE ACQUISITION
Parcel 231  C.S. 7603 (12=26-25-1)
S.P. 0603-16RW
All of the following:
That part of the South Half of the Southwest Quarter of Section 16,
Township 121 North, Range 42 West, shown as Parcel 231 on
Minnesota Department of Transportation Right of Way Plat
Numbered 76-28 as the same is on file and of record in the office
of the County Recorder in and for Swift County, Minnesota;
containing 3.70 acres, more or less, which is encumbered in its entirety by an existing highway easement;
together with other rights as set forth below, forming and being part of said Parcel 231:
Temporary Easement:
A temporary easement for highway purposes as shown on said
plat as to said Parcel 231 by the temporary easement symbol, said
easement shall cease on December 1, 2024, or on such earlier
date upon which the Commissioner of Transportation determines
by formal order that it is no longer needed for highway purposes.   
Names of parties interested in the above described land and nature of interest:
NSK Properties, Inc.            Fee

KFI Properties, Inc.            Fee

AgCountry Farm Credit Services, FLCA,     Mortgage
successor in interest by corporate merger,
consolidation, amendment, or conversion to United FCS, FLCA
       
James Schlieman, also known as         Drainage Easement
   James C. Schlieman
Linda Schlieman, also known as Linda S. Schlieman
       
County of Swift                Taxes

FEE ACQUISITION
Parcel 233  C.S. 7603 (12=26-25-1)
S.P. 0603-16RW
All of the following:
That part of the North Half of the Northwest Quarter of Section
22 and the South Half of the Southwest Quarter of Section 15,
all in Township 121 North, Range 42 West, shown as Parcel 233
on Minnesota Department of Transportation Right of Way Plat
Numbered 76-29 as the same is on file and of record in the office
of the County Recorder in and for Swift County, Minnesota;
containing 7.30 acres, more or less, which is encumbered in its entirety by an existing highway easement;
together with other rights as set forth below, forming and being part of said Parcel 233:
Temporary Easement:
A temporary easement for highway purposes as shown on said
plat as to said Parcel 233 by the temporary easement symbol, said
easement shall cease on December 1, 2024, or on such earlier
date upon which the Commissioner of Transportation determines
by formal order that it is no longer needed for highway purposes.   
Names of parties interested in the above described land and nature of interest:
David A. Smith                Fee

Audrey Smith                Spouse

County of Swift                Taxes

Eric Smith                Occupant

FEE ACQUISITION
Parcel 234  C.S. 7603 (12=26-25-1)
S.P. 0603-16RW
All of the following:
That part of the South Half of the Southeast Quarter of Section 15,
Township 121 North, Range 42 West, shown as Parcel 234 on
Minnesota Department of Transportation Right of Way Plat
Numbered 76-29 as the same is on file and of record in the office
of the County Recorder in and for Swift County, Minnesota;
containing 3.05 acres, more or less, which is encumbered in its entirety by an existing highway easement;
together with other rights as set forth below, forming and being part of said Parcel 234:
Temporary Easement:
A temporary easement for highway purposes as shown on said
plat as to said Parcel 234 by the temporary easement symbol, said
easement shall cease on December 1, 2024, or on such earlier
date upon which the Commissioner of Transportation determines
by formal order that it is no longer needed for highway purposes.   
Names of parties interested in the above described land and nature of interest:
Bremer Trust, N.A., as trustee of         Fee
Jorgenson Family Trust under agreement
dated March 12, 2001
       
AgCountry Farm Credit Services, FLCA,     Mortgage
successor in interest by corporate merger,
consolidation, amendment, or conversion to United FCS, FLCA
       
Sandra L. Borka                 Drainage Easement
David J. Borka
       
County of Swift                Taxes

FEE ACQUISITION
Parcel 234A  C.S. 7603 (12=26-25-1)
S.P. 0603-16RW
All of the following:
That part of the Southeast Quarter of the Southeast Quarter of
Section 15, Township 121 North, Range 42 West, shown as Parcel
234A on Minnesota Department of Transportation Right of Way
Plat Numbered 76-29 as the same is on file and of record in the
office of the County Recorder in and for Swift County, Minnesota;
containing 0.32 acre, more or less, which is encumbered in its entirety by an existing highway easement;
together with other rights as set forth below, forming and being part of said Parcel 234A:
Temporary Easement:
A temporary easement for highway purposes as shown on said
plat as to said Parcel 234A by the temporary easement symbol,
said easement shall cease on December 1, 2024, or on such
earlier date upon which the Commissioner of Transportation
determines by formal order that it is no longer needed for highway
purposes.   
Names of parties interested in the above described land and nature of interest:
David J. Borka                 Fee
Sandra L. Borka
       
State of Minnesota             Mineral Rights
Department of Natural Resources
       
J. and D. Development of Appleton, Inc.,     Possible Claimant of
the true and correct name of         an Interest
J&D Development,
an inactive Minnesota corporation
       
County of Swift                Taxes

 
FEE ACQUISITION
Parcel 309  C.S. 7603 (12=26-25-1)
S.P. 0603-16RW
All of the following:
That part of the Northwest Quarter of the Northwest Quarter of
Section 16, Township 121 North, Range 43 West, shown as Parcel
309 on Minnesota Department of Transportation Right of Way Plat
Numbered 76-22 as the same is on file and of record in the office of
the County Recorder in and for Swift County, Minnesota;
containing 2.18 acre, more or less, of which 1.29 acres is encumbered by an existing highway easement and 0.02 acre is encumbered by an existing road easement;
together with other rights as set forth below, forming and being part of said Parcel 309:
Temporary Easement:
A temporary easement for highway purposes as shown on said
plat as to said Parcel 309 by the temporary easement symbol, said
easement shall cease on December 1, 2024, or on such earlier
date upon which the Commissioner of Transportation determines
 by formal order that it is no longer needed for highway purposes.   
Names of parties interested in the above described land and nature of interest:
Dru N. Tosel, also known as Dru Tosel     Fee
Julie A. Tosel, also known as Julie Tosel       
Matthew Haugen
Erin Haugen
       
AgCountry Farm Credit Services, FLCA    Mortgage

County of Swift                Taxes and Ditch Lien

FEE ACQUISITION
Parcel 310  C.S. 7603 (12=26-25-1)
S.P. 0603-16RW
All of the following:
That part of the Northeast Quarter of the Northwest Quarter and
the West Half of the Northeast Quarter, all in Section 16, Township
121 North, Range 43 West, shown as Parcel 310 on Minnesota
Department of Transportation Right of Way Plat Numbered 76-22
as the same is on file and of record in the office of the County
Recorder in and for Swift County, Minnesota;
containing 11.96 acres, more or less, of which 7.09 acres is encumbered by an existing highway easement and 0.06 acre is encumbered by an existing road easement;
together with other rights as set forth below, forming and being part of said Parcel 310:
Temporary Easement:
A temporary easement for highway purposes as shown on said
plat as to said Parcel 310 by the temporary easement symbol, said
easement shall cease on December 1, 2024, or on such earlier
date upon which the Commissioner of Transportation determines
by formal order that it is no longer needed for highway purposes.   
Names of parties interested in the above described land and nature of interest:
Delores R. Tosel, as trustee of         Fee
  Delores R. Tosel Trust, dated October 11, 2010
       
County of Swift                Taxes and Ditch Lien

 
FEE ACQUISITION
Parcel 315  C.S. 7603 (12=26-25-1)
S.P. 0603-16RW
All of the following:
That part of the North Half of the Northeast Quarter of Section 22,
Township 121 North, Range 43 West, shown as Parcel 315 on
Minnesota Department of Transportation Right of Way Plat
Numbered 76-23 as the same is on file and of record in the office
of the County Recorder in and for Swift County, Minnesota;
containing 4.64 acres, more or less, of which 3.47 acres is encumbered by an existing highway easement;
together with other rights as set forth below, forming and being part of said Parcel 315:
Temporary Easement:
A temporary easement for highway purposes as shown on said
plat as to said Parcel 315 by the temporary easement symbol, said
easement shall cease on December 1, 2024, or on such earlier
date upon which the Commissioner of Transportation determines
by formal order that it is no longer needed for highway purposes.   
Names of parties interested in the above described land and nature of interest:
Jacklynn M. Schmidt and             Fee
Roger L. Schmidt and Aaron R. Schmidt
and Anne K. Kells, as trustees of
Roger and Jacklynn Schmidt Living Trust dated August 21, 2013
       
Prairie Sun Bank                Mortgage

County of Swift                Taxes and Ditch Lien

 
FEE ACQUISITION
Parcel 316  C.S. 7603 (12=26-25-1)
S.P. 0603-16RW
All of the following:
That part of the South Half of the Southeast Quarter of Section 15,
Township 121 North, Range 43 West, shown as Parcel 316 on
Minnesota Department of Transportation Right of Way Plat
Numbered 76-23 as the same is on file and of record in the office
of the County Recorder in and for Swift County, Minnesota;
containing 5.08 acres, more or less, of which 4.18 acres is encumbered by an existing highway right of way;
together with other rights as set forth below, forming and being part of said Parcel 316:
Temporary Easement:
A temporary easement for highway purposes as shown on said
plat as to said Parcel 316 by the temporary easement symbol, said
easement shall cease on December 1, 2024, or on such earlier
date upon which the Commissioner of Transportation determines
by formal order that it is no longer needed for highway purposes.   
Names of parties interested in the above described land and nature of interest:
Paul Stock
        Fee
Cynthia Stock
        Spouse
County of Swift
        Taxes and Ditch Lien

FEE ACQUISITION
Parcel 316A  C.S. 7603 (12=26-25-1)
S.P. 0603-16RW
All of the following:
That part of the North Half of the Northwest Quarter of Section 23,
Township 121 North, Range 43 West, shown as Parcel 316A on
Minnesota Department of Transportation Right of Way Plat
Numbered 76-24 as the same is on file and of record in the office
of the County Recorder in and for Swift County, Minnesota;
containing 4.74 acres, more or less, of which 3.84 acres is encumbered by an existing highway easement;
together with other rights as set forth below, forming and being part of said Parcel 316A:
Temporary Easement:
A temporary easement for highway purposes as shown on said
plat as to said Parcel 316A by the temporary easement symbol,
said easement shall cease on December 1, 2024, or on such
earlier date upon which the Commissioner of Transportation
determines by formal order that it is no longer needed for highway
purposes.   
Names of parties interested in the above described land and nature of interest:
Lillian Stock, as Personal             Fee
Representative of the Estate of Gregory Stock,
also known as Gregory Lawrence Stock, deceased   
Marsha Kittelson       
Susan K. Hanson
Darryl R. Hanson
       
Lillian Stock        Possible Claimant of an Interest

County of Swift        Taxes and Special Assessments

 
FEE ACQUISITION
Parcel 401  C.S. 7603 (12=26-25-1)
S.P. 0603-16RW
All of the following:
That part of the South Half of the Southwest Quarter of Section 7,
and the North Half of the Northwest Quarter and the Northwest
Quarter of the Northeast Quarter of Section 18, all in Township 121
North, Range 44 West, shown as Parcel 401 on Minnesota
Department of Transportation Right of Way Plat Numbered 76-20
as the same is on file and of record in the office of the County
Recorder in and for Swift County, Minnesota;
containing 12.77 acres, more or less, of which 8.68 acres is encumbered by an existing highway easement and 0.13 acres is encumbered by an existing road easement;
together with other rights as set forth below, forming and being part of said Parcel 401:
Cattle Pass Extinguishment:
All rights and interests which the owner of the lands from which
said Parcel 401 is being acquired may or could have in the cattle
pass and lanes provided by the State of Minnesota in eminent
domain proceedings brought in Swift County, entitled “State vs.
Shelstad, et al”, S.P 12=26-25-1. [also known as C.S. 7603
(12=26-25-1)], Parcel 1, at approximate Engineer’s Station 893+22,
it being intended that said cattle pass and lanes shall be forever
extinguished obliterated;  
Temporary Easement:
A temporary easement for highway purposes as shown on said
plat as to said Parcel 401 by the temporary easement symbol, said
easement shall cease on December 1, 2024, or on such earlier
date upon which the Commissioner of Transportation determines
by formal order that it is no longer needed for highway purposes.    
Names of parties interested in the above described land and nature of interest:
Richard Guse, also known as         Fee
Richard L. Guse and Beth Guse,
also known as Beth Y. Guse, as trustees
of Beth Guse Trust under agreement
dated August 14, 2012       
Richard Guse, also known as Richard L. Guse
and Beth Guse, also known as Beth Y. Guse,
as trustees of Richard Guse Trust under agreement
dated August 14, 2012
       
Shriners Hospital for Children        Mineral Rights

AgCountry Farm Credit Services, FLCA,     Mortgage
successor in interest by corporate merger,
consolidation, amendment, or conversion to
United FCS, FLCA
       
CenBank                    Mortgage

County of Swift                  Taxes and Special Assessments

 
WHEREFORE, Your petitioner prays that commissioners be appointed to appraise the damages which may be occasioned by such taking, and that such proceedings may be had herein as are provided by law.

Dated: January 8, 2021   
KEITH ELLISON
Attorney General
State of Minnesota
s/Mathew Ferche
MATHEW FERCHE
Assistant Attorney General
Atty. Reg. No. 0391282
445 Minnesota Street, Suite 1800
St. Paul, Minnesota 55101-2134
(651) 757-1457 (Voice)
(651) 297-4077 (Fax)
mathew.ferche@ag.state.mn.us
ATTORNEY FOR PETITIONER
100756
MINN. STAT. § 549.211
ACKNOWLEDGMENT
The party or parties on whose behalf the attached document is served acknowledge through their undersigned counsel that sanctions may be imposed pursuant to Minn. Stat. § 549.211.

Dated: January 8, 2021   
KEITH ELLISON
Attorney General
State of Minnesota
s/Mathew Ferche
MATHEW FERCHE
Assistant Attorney General
Atty. Reg. No. 0391282
2-3-3c

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