Public Notices April 22, 2019 East Side Review

Public Notices, Foreclosure Notices & Legal Notices published April 22, 2019 in the East Side Review covering the East Side communities of St. Paul.

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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 Springwood Ponds,

Condominium No. 106 (henceforth

the Declaration) dated March 20,

1991 and recorded in the office

of the County Recorder in and for

Dakota County, Minnesota on April

9, 1991 as Document No. 980241,

which said Declaration covers the

following described property situated

in the County of Dakota and State of

Minnesota, to-wit:

Unit No. 98, Condominium No. 106,

Springwood Ponds, a condominium

according to the plat thereof on file or

of record in the Office of the Dakota

County Recorder, Dakota County,

Minnesota.

Street address: 8386 Copperfield

Way, Inver Grove Heights, MN

PID #20 71500 04 098

WHEREAS, pursuant to said

Declaration, there is claimed to be

due and owing as of the date of

this Notice by Dina Bryukhanova

as unit owner to Springwood Ponds

Homeowners Association, the

principal amount of Three Thousand

Five Hundred Seventy-nine

Dollars and 67/100 ($3,579.67) for

condominium assessments through

April, 2019; 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 Springwood Ponds

Homeowners Association.

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 June 13, 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, her

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 December

13, 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: April 16, 2019

SPRINGWOOD PONDS

HOMEOWNERS ASSOCIATION

FULLER, SEAVER &

SWANSON, P.A.

By: Timothy D. Fuller 32694

12400 Portland Avenue South

Suite 132

Burnsville, MN 55337

(952) 890-0888

Attorneys for Springwood Ponds

Homeowners Association

(South-West Review: Apr. 21, 28;

May 5, 12, 19, 26, 2019)

_____

NOTICE OF CONDOMINIUM

ASSOCIATION LIEN

FORECLOSURE SALE

WHEREAS, default has been made

in the terms and conditions of the

Declaration for Springwood Ponds,

Condominium No. 106 (henceforth

the Declaration) dated March 20,

1991 and recorded in the office

of the County Recorder in and for

Dakota County, Minnesota on April

9, 1991 as Document No. 980241,

which said Declaration covers the

following described property situated

in the County of Dakota and State of

Minnesota, to-wit:

Unit No. 27, Condominium No. 106,

Springwood Ponds, a condominium

according to the plat thereof on file or

of record in the Office of the Dakota

County Recorder, Dakota County,

Minnesota.

Street address: 8401 Corcoran

Circle, Inver Grove Heights, MN

PID #20 71500 04 027

WHEREAS, pursuant to said

Declaration, there is claimed to be

due and owing as of the date of this

Notice by Corinne M. Cavanagh

as unit owner to Springwood

Ponds Homeowners Association,

the principal amount of Three

Thousand Eighty-four Dollars and

67/100 ($3,084.67) for condominium

assessments through April, 2019;

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 Springwood Ponds

Homeowners Association.

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 June 13, 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, her

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 December

13, 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: April 16, 2019

SPRINGWOOD PONDS

HOMEOWNERS ASSOCIATION

FULLER, SEAVER &

SWANSON, P.A.

By: Timothy D. Fuller 32694

12400 Portland Avenue South

Suite 132

Burnsville, MN 55337

(952) 890-0888

Attorneys for Springwood Ponds

Homeowners Association

(South-West Review: Apr. 21, 28;

May 5, 12, 19, 26, 2019)

_____

NOTICE OF CONDOMINIUM

ASSOCIATION LIEN

FORECLOSURE SALE

WHEREAS, default has been made

in the terms and conditions of the

Declaration for Springwood Ponds,

Condominium No. 106 (henceforth

the Declaration) dated March 20,

1991 and recorded in the office

of the County Recorder in and for

Dakota County, Minnesota on April

9, 1991 as Document No. 980241,

which said Declaration covers the

following described property situated

in the County of Dakota and State of

Minnesota, to-wit:

Unit No. 29, Condominium No. 106,

Springwood Ponds, a condominium

according to the plat thereof on file or

of record in the Office of the Dakota

County Recorder, Dakota County,

Minnesota.

Street address: 8409 Corcoran

Circle, Inver Grove Heights, MN

PID #20 71500 04 029

WHEREAS, pursuant to said

Declaration, there is claimed to be

due and owing as of the date of

this Notice by Thomas Franke as

unit owner to Springwood Ponds

Homeowners Association, the

principal amount of Two Thousand

Nine Hundred Fourteen Dollars and

67/100 ($2,914.67) for condominium

assessments through April, 2019;

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 Springwood Ponds

Homeowners Association.

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 June 13, 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 December

13, 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: April 16, 2019

SPRINGWOOD PONDS

HOMEOWNERS ASSOCIATION

FULLER, SEAVER &

SWANSON, P.A.

By: Timothy D. Fuller 32694

12400 Portland Avenue South

Suite 132

Burnsville, MN 55337

(952) 890-0888

Attorneys for Springwood Ponds

Homeowners Association

(South-West Review: Apr. 21, 28;

May 5, 12, 19, 26, 2019)

_____

NOTICE OF CONDOMINIUM

ASSOCIATION LIEN

FORECLOSURE SALE

WHEREAS, default has been made

in the terms and conditions of the

Declaration for Springwood Ponds,

Condominium No. 106 (henceforth

the Declaration) dated March 20,

1991 and recorded in the office

of the County Recorder in and for

Dakota County, Minnesota on April

9, 1991 as Document No. 980241,

which said Declaration covers the

following described property situated

in the County of Dakota and State of

Minnesota, to-wit:

Unit No. 54, Condominium No. 106,

Springwood Ponds, a condominium

according to the plat thereof on file or

of record in the Office of the Dakota

County Recorder, Dakota County,

Minnesota.

Street address: 8341 Corcoran

Circle, Inver Grove Heights, MN

PID #20 71500 04 054

WHEREAS, pursuant to said

Declaration, there is claimed to be

due and owing as of the date of

this Notice by Generose L. Keller

as unit owner to Springwood Ponds

Homeowners Association, the

principal amount of Two Thousand

Six Hundred Forty-eight Dollars and

No/100 ($2,648.00) for condominium

assessments through April, 2019;

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 Springwood Ponds

Homeowners Association.

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 June 13, 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, her

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 December

13, 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: April 16, 2019

SPRINGWOOD PONDS

HOMEOWNERS ASSOCIATION

FULLER, SEAVER &

SWANSON, P.A.

By: Timothy D. Fuller 32694

12400 Portland Avenue South

Suite 132

Burnsville, MN 55337

(952) 890-0888

Attorneys for Springwood Ponds

Homeowners Association

(South-West Review: Apr. 21, 28;

May 5, 12, 19, 26, 2019)

_____

STATE OF MINNESOTA

COUNTY OF DAKOTA

DISTRICT COURT

FIRST JUDICIAL DISTRICT

Court File No.: 19HA-PR-19-231

NOTICE OF INFORMAL

APPOINTMENT

OF PERSONAL

REPRESENTATIVE AND

NOTICE TO CREDITORS

In Re: Estate of

Marlene Margueritte Roff

AKA Marlene M. Roff,

Decedent.

Notice is given that an Application

for Informal Appointment of Personal

Representative was filed with the

Registrar. The Registrar accepted

the application and appointed

Terri A. Hanson, whose address is

9249 Dartford Rd, Woodbury, MN

55125, to serve as the personal

representative of the decedent’s

estate.

Any heir or other interested person

may be entitled to appointment

as personal representative or

may object to the appointment of

the personal representative. Any

objection to the appointment of

the personal representative must

be filed with the Court, and any

properly filed objection will be heard

by the Court after notice is provided

to interested persons of the date of

hearing on the objection.

Unless objections are filed, and

unless the Court orders otherwise,

the personal representative has the

full power to administer the estate,

including, after thirty (30) days from

the issuance of letters of general

administration, the power to sell,

encumber, lease, or distribute any

interest in real estate owned by the

decedent.

Notice is further given that,

subject to Minn. Stat 524.3-801, all

creditors having claims against the

decedent’s estate are required to

present the claims to the personal

representative or to the Court within

four (4) months after the date of this

notice or the claims will be barred.

Dated: April 9, 2019

/s/ Susan Eggert,

Registrar

/s/ Heidi Carstensen,

Court Administrator

Trojack Law Office, P.A.

John E. Trojack

MN #0110929

1549 Livingston Ave, Ste 101

West St. Paul, MN 55118

Telephone: 651-451-9696

Fascimile: 651-451-9786

E-mail: John.Trojack@TrojackLaw.

com

(South-West Review: Apr. 14, 21,

2019)

_____

NOTICE OF PUBLIC SALE

NOTICE IS HEREBY GIVEN that

on May17th, 2019 at 9:30am at 7510

Concord Blvd, Inver Grove Heights,

MN 55076, and the following

manufactured home will be sold

by public auction by the Sheriff of

Dakota County: A 1970 HSEH/

MH manufactured home, 12x65,

and serial No. HH4343, located at

4 Eagle circle, Inver Grove Heights,

MN 55076.

This sale will be held to satisfy a

claim held by CF MH SUB III LLC,

upon the above described property

and owned by Joanne Marie Watson.

The property has been abandon in

the CF MH SUB III LLC.

The amount of the claim against

the above referenced property is

$3597.29 computed to the date of

sale, exclusive of expenses of said

sale and the advertising thereof.

Date April 15th, 2019

CF MH SUB III LLC

(by) a Stephanie Schmidt

7510 Concord Blvd

Inver Grove Heights, MN 55076

651-451-2874

(South-West Review: Apr. 21, 28;

May 5, 2019)

_____

NOTICE OF PUBLIC SALE

NOTICE IS HEREBY GIVEN that

on May17th, 2019 at 9:30am at 7510

Concord Blvd, Inver Grove Heights,

MN 55076, and the following

manufactured home will be sold

by public auction by the Sheriff of

Dakota County: A 1990 COMM/MH

manufactured home, 14’x64’, and

serial No. NO30173A, located at 33

Holman Ave, Inver Grove Heights,

MN 55076.

This sale will be held to satisfy a

claim held by CF MH SUB III LLC,

upon the above described property

and owned by David James/Nellrae

Margaret Steiner. 1st Secured Party

Dakota County CDA. The property

has been abandon in the CF MH

SUB III LLC.

The amount of the claim against

the above referenced property is

$3325.00 computed to the date of

sale, exclusive of expenses of said

sale and the advertising thereof.

Date April 15th, 2019

CF MH SUB III LLC

(by) a Stephanie Schmidt

7510 Concord Blvd

Inver Grove Heights, MN 55076

651-451-2874

(South-West Review: Apr. 21, 28;

May 5, 2019)

_____

CITY OF SOUTH ST. PAUL

NOTICE OF PUBLIC

HEARING

CITY OF SOUTH ST. PAUL

NOTICE OF PUBLIC

HEARING

TO WHOM IT MAY CONCERN:

Notice is hereby given that the

South St. Paul Planning Commission

will hold a Public Hearing on

Wednesday, May 1, 2019 at 7:00

P.M. or as soon thereafter as the

matter can be heard in the City

Council Chambers of City Hall, 125

Third Avenue North, South St. Paul

to consider the following:

1) An application by the City of

South St. Paul, 125 3rd Avenue

South, to rezone properties in the

“Hardman Triangle” area from

General Business (GB) to North

Concord Mixed Use (NCMU). The

Hardman Triangle properties are

generally located west of Hardman

Avenue, east of Concord St., North

of Grand Avenue and South of

Hardman Avenue.

2) An application by the South St.

Paul Rod & Gun Club, 600 Gun Club

Road, for an extension of the Interim

Use Permit (IUP) temporary firing

shed the rifle range at their facility.

Proposed temporary firing shed is

a converted trailer with openings at

defined shooting stations. Accessory

buildings over 200 square feet

require a Conditional or Interim Use

Permit. The property is generally

located west of the Mississippi River,

east of Concord Street, north of

Linden Street, and south of Chestnut

Street.

3) South St. Paul Rod & Gun Club,

600 Gun Club Road, for an extension

of the Interim Use Permit (IUP)

temporary firing shed for the 5-stand

shotgun range at their facility. The

temporary firing shed is a converted

trailer with defined shooting stations.

Accessory buildings over 200 square

feet required a Conditional or Interim

Use Permit. The property is generally

located west of the Mississippi River,

east of Concord Street, north of

Linden Street, and south of Chestnut

Street.

4) South St. Paul Rod & Gun Club,

600 Gun Club Road for a Conditional

Use Permit (CUP) to reshape the

northern berm to a more gradual

slope for ease of maintenance.

This CUP was previously approved

but work did not commence with

the required time. The property

is generally located west of the

Mississippi River, east of Concord

Street, north of Linden Street, and

south of Chestnut Street.

(Legal descriptions available from

the City Planner’s office).

All those interested are encouraged

to attend and will be given an

opportunity to be heard, or contact

City Hall at (651) 554-3217, for

further information. If you need any

type of accommodation to participate

in the meeting, please contact City

Hall at least 5 business days prior to

the meeting.

Peter Hellegers

City Planner

(South-West Review: Apr. 21, 2019)

_____

REQUEST FOR BID –

MILK & DAIRY PRODUCTS

Notice is hereby given, that School

Board of Independent School

District #197, Mendota Heights,

MN will receive sealed bids for

Milk & Dairy Products on behalf

of the following Districts: Inver

Grove Heights (#199), Burnsville

(#191), South St. Paul (#6), South

Washington County (#833), West

St. Paul (#197), Mahtomedi (#832),

and Stillwater (#834).

Milk & Dairy Products bids shall be

delivered in a sealed envelope and

labeled “2019-2020 Milk & Dairy

Products Bid, Attention: Jeff

Wolfer” and received at the School

District #197 District Office, 1897

Delaware Avenue, Mendota Heights,

MN 55118, no later than Tuesday,

May 7th, 2019 at 10:00 AM Central

Daylight Saving Time at which time

the written bids will be opened and

read aloud in Conference Room

A139.

Milk & Dairy Products bids must

be submitted on the bid forms

included with the specifications

and signed in longhand. No oral,

telegraphic, or facsimile proposals

or modifications will be considered.

Complete specifications and forms

are available in the Child Nutrition

Office at Henry Sibley High School,

1897 Delaware Avenue, Mendota

Heights, MN 55118.

The School Board of Independent

School District #197, Mendota

Heights, MN, reserves the right to

accept or reject any or all bids or

parts therein and waive formalities

or irregularities. No bid may be

withdrawn within 30-days after

the scheduled opening without

the consent of the School Board,

Independent School District #197.

(South-West Review: Apr. 14, 21,

2019)

_____

PUBLIC NOTICE

Notice is hereby given that the

Planning Commission of Inver Grove

Heights will meet on TUESDAY,

MAY 7, 2019 at 7:00 p.m. in the

City Council Chambers, located at

8150 Barbara Avenue, Inver Grove

Heights, MN to consider the request

for DAKOTA COUNTY - CASE NO.

19-09PA. This request involves

property identified as PID No 20-

02100-01-020.

The request consists of:

- A Comprehensive Plan

Amendment to change the

2040 planned land use from RC,

Regional Commercial to P/I, Public

Institutional.

All written and oral statements will

be considered at the public hearing

and all those desiring to be heard

will be heard at the public hearing.

Plans are available for public review

at the City Hall offices during normal

business hours and on the City of

Inver Grove Heights website (www.

invergroveheights.org). If you have

questions on the request, please call

the Planning Department at 651-450-

2545.

Michelle Tesser, City Clerk

(South-West Review: Apr. 21, 2019)

_____

PUBLIC NOTICE

Notice is hereby given that the

Planning Commission of Inver Grove

Heights will meet on TUESDAY,

MAY 7, 2019 at 7:00 p.m. in the

City Council Chambers, located at

8150 Barbara Avenue, Inver Grove

Heights, MN to consider the request

for ANDY CALTON - CASE NO.

19-10CV. This request involves

property located at 7540 River Road

and identified as PID No. 20-01100-

55-045.

The request consists of:

- A Conditional Use Permit to

exceed the maximum amount of

impervious surface allowed on a

property; and

- A Variance to allow a home

addition within the front yard setback

and any other variances related

thereto.

All written and oral statements will

be considered at the public hearing

and all those desiring to be heard

will be heard at the public hearing.

Plans are available for public review

at the City Hall offices during normal

business hours and on the City of

Inver Grove Heights website (www.

invergroveheights.org). If you have

questions on the request, please call

the Planning Department at 651-450-

2545.

Michelle Tesser, City Clerk

(South-West Review: Apr. 21, 2019)

_____

PUBLIC NOTICE

Notice is hereby given that the

Planning Commission of Inver Grove

Heights will meet on TUESDAY,

MAY 7, 2019 at 7:00 p.m. in the

City Council Chambers, located at

8150 Barbara Avenue, Inver Grove

Heights, MN to consider the request

for WADE SCHOWALTER - CASE

NO. 19-11C. This request involves

property located at 6950 River Road

and identified as PID No. 20-45500-

01-010.

The request consists of:

- A Conditional Use Permit to

exceed the maximum impervious

surface allowed on a property.

All written and oral statements will

be considered at the public hearing

and all those desiring to be heard

will be heard at the public hearing.

Plans are available for public review

at the City Hall offices during normal

business hours and on the City of

Inver Grove Heights website (www.

invergroveheights.org). If you have

questions on the request, please call

the Planning Department at 651-450-

2545.

Michelle Tesser, City Clerk

(South-West Review: Apr. 21, 2019)

_____

PUBLIC NOTICE

Notice is hereby given that the

Planning Commission of Inver Grove

Heights will meet on TUESDAY,

MAY 7, 2019 at 7:00 p.m. in the

City Council Chambers, located at

8150 Barbara Avenue, Inver Grove

Heights, MN to consider the request

for TIM & AMY JOHNSON - CASE

NO. 19-12C. This request involves

property located at 3790 80th Street

and identified as PID No. 20-82100-

01-120.

The request consists of:

- A Conditional Use Permit to

exceed the maximum impervious

surface allowed on a property.

All written and oral statements will

be considered at the public hearing

and all those desiring to be heard

will be heard at the public hearing.

Plans are available for public review

at the City Hall offices during normal

business hours and on the City of

Inver Grove Heights website (www.

invergroveheights.org). If you have

questions on the request, please call

the Planning Department at 651-450-

2545.

Michelle Tesser, City Clerk

(South-West Review: Apr. 21, 2019)

_____

PUBLIC NOTICE

Notice is hereby given that the

Planning Commission of Inver Grove

Heights will meet on TUESDAY,

MAY 7, 2019 at 7:00 p.m. in the

City Council Chambers, located at

8150 Barbara Avenue, Inver Grove

Heights, MN to consider the request

for SOURCE LAND CAPITAL -

CASE NO. 19-14ZPD. This request

involves property located at 6477

Robert Trail South and identified

as PID No. 20-00600-04-011, 20-

00600-03-051, 20-00600-03-034,

and 20-00600-03-020.

The request consists of:

- Rezoning the property from A,

Agricultural to R-1C/PUD

- A Preliminary Plat for a 66-lot

subdivision to be known as Windsor

Ridge

- A Preliminary PUD Development

plan for 66 single-family homes on

30.25 acres of property

All written and oral statements will

be considered at the public hearing

and all those desiring to be heard

will be heard at the public hearing.

Plans are available for public review

at the City Hall offices during normal

business hours and on the City of

Inver Grove Heights website (www.

invergroveheights.org). If you have

questions on the request, please call

the Planning Department at 651-450-

2545.

Michelle Tesser, City Clerk

(South-West Review: Apr. 21, 2019)

_____

PUBLIC NOTICE

Notice is hereby given that the

Planning Commission of Inver Grove

Heights will meet on TUESDAY,

MAY 7, 2019 at 7:00 p.m. in the

City Council Chambers, located at

8150 Barbara Avenue, Inver Grove

Heights, MN to consider the request

for BWBR ARCHITECTS - CASE

NO. 19-15PR. This request involves

property located at 5500 Cenex

Drive and identified as PID No. 20-

16700-02-021.

The request consists of:

- A Major Site Plan Review

to construct a parking deck and

other campus renovations and any

variances related thereto.

All written and oral statements will

be considered at the public hearing

and all those desiring to be heard

will be heard at the public hearing.

Plans are available for public review

at the City Hall offices during normal

business hours and on the City of

Inver Grove Heights website (www.

invergroveheights.org). If you have

questions on the request, please call

the Planning Department at 651-450-

2545.

Michelle Tesser, City Clerk

(South-West Review: Apr. 21, 2019)

_____

Public Notices

Continued on Page 11

Public Notices

Continued from Page 10

Public Notices

Continued on Page 12

STATE OF MINNESOTA

COUNTY OF DAKOTA

DISTRICT COURT

FIRST JUDICIAL DISTRICT

COURT FILE No. 19HA-CV-19-611

CONDEMNATION PETITION

Case Type: Condemnation

City of Inver Grove Heights, a Minnesota municipal corporation,

Petitioner,

v.

Ace in the Hole Real Estate Limited Partnership, a Minnesota limited

partnership; LYNDIAN TERRITORIES, L.P., a Minnesota limited partnership;

John N. Simons andJeanne L. Simons, husband and wife; State of

Minnesota; 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 TEMPORARY AND

PERMANENT EASEMENT RIGHTS FROM PRIVATE PROPERTY

OWNERS, LOCATED IN THE CITY OF INVER GROVE HEIGHTS,

COUNTY OF DAKOTA, MINNESOTA, AS REQUIRED FOR CITY

PROJECT NO. 2015-03 – 65th STREET ROADWAY AND DRAINAGE

AND UTILITY IMPROVEMENTS (BETWEEN T.H. 3 AND FUTURE

ARGENTA TRAIL) AND CITY PROJECT NO. 2018-03 – NWA TRUNK

WATERMAIN IMPROVEMENTS – 65TH STREET LOOP (PHASE 4 OF

2015-12) FROM AGATE TRAIL TO FUTURE ARGENTA TRAIL RIGHTOF-

WAY (65TH STREET WATERMAIN IMPROVEMENTS)

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 412

and 440 to acquire by condemnation any and all land or property and any

rights and easements required for public streets and highways. Petitioner

further derives its authority pursuant to Minnesota Statutes, Chapters 444,

429, and 412 to build, construct, reconstruct, repair, enlarge, improve or in

any other manner obtain water and sanitary sewer and storm sewer systems

and may acquire by condemnation any and all land or property and any rights

and easements required for such water and sanitary sewer and storm sewer

systems.

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

a permanent public street, roadway, highway, right-of-way, drainage and

utility easement and a temporary construction easement over, under, across

and through certain property necessary for public purposes to facilitate City

of Inver Grove Heights Project No. 2015-03 – 65th Street Roadway and

Drainage and Utility Improvements (between T.H. 3 and Future Argenta Trail)

and City Project No. 2018-03 – NWA Trunk Watermain Improvements – 65th

Street Loop (Phase 4 of 2015-12) from Agate Trail to Future Argenta Trail

Right-of-Way (65th Street Watermain Improvements) (collectively referred to

as the “Project”). City Project No. 2015-03 includes roadway improvements

(bituminous removal, concrete removal, subgrade excavation/correction,

grading, granular subgrade, aggregate base, bituminous pavement), milling,

curb and gutter, storm sewer, storm water management facilities, street

lights, pedestrian trail and sidewalks, appurtenances and restoration. City

Project No. 2018-03 includes excavation, grading, watermain, valves,

hydrants, appurtenances and restoration.

More specifically, the Project includes a westerly extension of 65th Street

together with drainage/utility and watermain extensions/improvements from

South Robert Trail (T.H. 3) to the future realignment corridor for Argenta

Trail, as well as the installation of trunk watermain, including hydrant/valves,

jacking casing, restoration and appurtenances. The Project is needed to

provide a permanent access to the Blackstone Ridge plat and the Woodwind

plat, as well as access to property owned by Ace in the Hole Real Estate

Limited Partnership. A roadway drainage system is necessary to facilitate

storm water for the 65th Street Improvement Project. This system will consist

of manholes, catch basins, concrete pipe, and regional storm water ponds.

The Project also includes the extension of the 65th Street Watermain Loop

from its current termini at Agate Trail, then west along the future 65th Street

alignment. This segment will complete the Robert District Trunk Watermain

Loop between Harmon Park and the Blackstone Ridge development,

providing better flow and fire protection and serves to further extend the

existing trunk watermain in anticipation of further expansion of the Argenta

District Watermain Loop in the future. The Project further involves the

extension of a proposed 16-inch trunk watermain along 65th Street between

Agate Trail to an existing 16-inch trunk watermain located at Alverno Lane

and beyond Alverno Lane, terminating at the east right-of-way line of the

future Argenta Trail to prepare for the future connection of the Argenta District

Watermain Loop. In addition, strategic hydrants, valves, and stubs will be

placed along the trunk watermain to accommodate any future developments

north or south of 65th Street.

In order to complete the Project and the 100-foot right-of-way along 65th

Street to the future Argenta Trail, an additional 50-foot right-of-way adjacent

to the Subject Property is required. A temporary easement area is also

required to construct the roadway embankments for an estimated eighteen

(18) month term.

IV.

That Minnesota Statutes § 117.042 provides Petitioner with the authority to

gain title and possession to the permanent public street, roadway, highway,

right-of-way, drainage and utility easement and the temporary construction

easement parcels 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 public street, roadway, highway, right-of-way, drainage and

utility easement and the temporary construction easement parcels would

only transfer to Petitioner following the settlement of each parcel valuation

case which can extend over a multi-year period. Petitioner would be unable

to advertise, receive bids and award a single construction contract for the

Project unless it utilizes the “quick take” statute. The 90-day “quick take”

procedure must be utilized: a) to allow Petitioner to award a single and

reasonably economical construction contract for the Project; b) to meet the

Project construction schedule and avoid the need for extended temporary

construction easement taking; and c) to coordinate the Project.

V.

The City Council of the City of Inver Grove Heights has duly adopted a

resolution determining that it is necessary to acquire the permanent public

street, roadway, highway, right-of-way, drainage and utility easement and

the temporary construction easement 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 public street, roadway, highway, right-ofway,

drainage and utility easement and the temporary construction easement

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 public street,

roadway, highway, right-of-way, drainage and utility easement and the

temporary construction easement 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 public street, roadway, highway, right-ofway,

drainage and utility easement and the temporary construction easement

required for the Project. Petitioner has been unable to negotiate a direct

purchase settlement of the easement parcels 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 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 permanent public street, roadway, highway, right-of-way, drainage

and utility easement and the temporary construction easement to be taken

herein by eminent domain proceedings are in the City of Inver Grove Heights,

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 lands 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. 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 public street, roadway, highway,

right-of-way, drainage and utility easement and the temporary construction

easement proposed to be taken is for a public project and for public use;

(d) that transfer of title and possession of the permanent public street,

roadway, highway, right-of-way, drainage and utility easement and the

temporary construction, slope and grading easements be ordered pursuant

to Minnesota Statutes, § 117.042;

(e) that the permanent public street, roadway, highway, right-of-way,

drainage and utility easement rights granted are forever and shall include,

but are not limited to, the construction, operation, maintenance, inspection,

repair and replacement of any public street, roadway, highway, right-of-way,

drainage and utility easements and underground pipes, conduits, other

utilities and mains, and all facilities and improvements ancillary, incident or

related thereto, under, over, across, through and upon the permanent public

street, roadway, highway, right-of-way, drainage and utility easement area;

(f) that the permanent public street, roadway, highway, right-of-way,

drainage and utility easement rights of the City shall also include the right of

the City, its contractors, agents and servants:

(1) to enter upon the permanent public street, roadway, highway, rightof-

way, drainage and utility easement area at all reasonable times for the

purposes of construction, operation, reconstruction, inspection, repair,

replacement, grading, sloping, and restoration relating to the purposes of the

permanent public street, roadway, highway, right-of-way, drainage and utility

easement; and

(2) to maintain the permanent public street, roadway, highway, right-ofway,

drainage and utility easement area, any City improvements and any

underground pipes, conduits, or mains, together with the right to excavate and

refill ditches or trenches for the location of drainage and utility improvements;

and

(3) to remove from the permanent public street, roadway, highway, right-ofway,

drainage and utility easement area trees, brush, herbage, aggregate,

undergrowth and other obstructions interfering with the location, construction

and maintenance of the pipes, conduits, or mains and to deposit earthen

material in and upon the permanent public street, roadway, highway, right-ofway,

drainage and utility easement area; and

(4) to remove or otherwise dispose of all earth or other material excavated

from the permanent public street, roadway, highway, right-of-way, drainage

and utility easement area as the City may deem appropriate;

(g) that the temporary construction easement rights of the City also include

the right of the City, its contractors, agents and servants:

(1) to enter upon the temporary construction easement area during the

estimated eighteen (18) month term of its existence for the purposes of

construction, operation, inspection, grading, sloping, and restoration relating

to the purposes of the temporary construction easement; and

(2) to maintain the temporary construction easement area during the

estimated eighteen (18) month term of its existence, together with the right to

excavate and refill ditches or trenches for the location of improvements; and

(3) to remove from the temporary construction easement area during the

estimated eighteen (18) month term of its existence trees, brush, herbage,

aggregate, undergrowth and other obstructions interfering with the location

of improvements; and

(4) to remove or otherwise dispose of all earth or other material excavated

from the temporary construction easement area during the estimated

eighteen (18) month term of its existence as the City may deem appropriate;

(h) 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 on account of the

above described taking;

(i) that the time and place of the first meeting and the compensation of the

said commissioners be fixed;

(j) 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 property described in this

Petition, from all responsible parties in a separate legal action; and

(k) 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: February 13, 2019

/s/ Jay P. Karlovich

Timothy J. Kuntz, Lic. No. 58993

Jay P. Karlovich, Lic. No. 247650

Tona T. Dove, Lic. No. 0232130

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

10

EXHIBIT A

Interest Name Address and Telephone Number

Fee Owner,

an undivided

16/18th

Ace in the Hole Real Estate

Limited Partnership, a Minnesota

limited partnership

Ace in the Hole Real Estate

Limited Partnership

c/o James Myhra, Registered

Agent

US Bank NA

155 1st Ave SW

Rochester, MN 55902

Ace in the Hole Real Estate

Limited Partnership

c/o John W. Seeger, Jr.,

Registered Agent

US Bank NA

155 1st Ave SW

Rochester, MN 55902

Fee Owner, an

undivided 1/18th

LYNDIAN TERRITORIES, L.P.

a Minnesota limited partnership

LYNDIAN TERRITORIES, L.P.

c/o Francis T. Foster, Registered

Agent

3780 Bayberry Lane

Eagan, MN 55123

Fee Owner, an

undivided 1/18th

John N. Simons and Jeanne L.

Simons, husband and wife

John N. Simons

1819 Ridgewood Lane East

Glenview, IL 60025

Jeanne L. Simons

1819 Ridgewood Lane East

Glenview, IL 60025

Easement Interest State of Minnesota State of Minnesota

Minnesota Attorney General

445 Minnesota Street, Suite 1400

St. Paul, MN 55101

Property Taxes County of Dakota County of Dakota

c/o Joel T. Beckman

Dakota County Treasurer/Auditor

1590 Highway 55

Hastings, MN 55033

11

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 LANDOWNERS’ PROPERTY

Real Property located in the City of Inver Grove Heights, Dakota County,

Minnesota, described as follows:

The West One-half of the Northeast Quarter (W-1/2 of NE-1/4) of Section

Six (6), Township Twenty-seven (27), Range Twenty-two (22), except the

North 400 feet of the West 668.65 feet thereof, according to the Government

Survey thereof, Dakota County, Minnesota.

Except Parcel 14A of Minnesota Department of Transportation Right of Way

Map 19-59.

Abstract Property (PID: 20-00600-05-010)

LEGAL DESCRIPTION OF EASEMENT AREAS

Description of Permanent Public Street, Roadway, Highway, Right-of

Way, Drainage and Utility Easement

A permanent easement for public street, roadway, highway, right-of-way,

drainage and utility purposes and all such purposes ancillary, incident or

related thereto over, under and across a portion of the Landowners’ Property,

lying southerly of the following described line: commencing at the Southwest

corner of the Southwest Quarter of said Section 6; thence North 89 degrees

44 minutes 00 seconds East, assumed bearing along the South line of said

Southwest Quarter 262.43 feet to the point of beginning; thence North 00

degrees 57 minutes 17 seconds west, 50.00 feet; thence North 89 degrees

44 minutes 00 seconds East, 1076.83 feet to the East line of said Southwest

Quarter and said line there terminating.

Description of Temporary Construction Easement

A temporary easement for an estimated eighteen (18) month term for

construction purposes, and all such purposes ancillary, incident or related

thereto over, under, and across a portion of the Landowners’ Property, lying

northerly of the above-described permanent easement and Southerly of

the following described line: commencing at the Southwest corner of the

Southwest Quarter of said Section 6; thence North 89 degrees 44 minutes

00 seconds East, assumed bearing along the South line of said Southwest

Quarter 262.43 feet to the point of beginning; thence North 00 degrees

57 minutes 17 seconds west, 100.01 feet; thence North 89 degrees 44

minutes 00 seconds East, 173.01 feet thence South 00 degrees 15 minutes

40 seconds East, 25.00 feet; thence 89 degrees 44 minutes 00 seconds

East, 413.43 feet; thence South 00 degrees 18 minutes 24 seconds East,

25.00 feet to the north line of said permanent easement and said line there

terminating.

14

DEPICTION OF EASEMENT AREAS

(South-West Review: Apr. 21, 28; May 5, 2019)

_____

STATE OF MINNESOTA

COUNTY OF DAKOTA

DISTRICT COURT

FIRST JUDICIAL DISTRICT

COURT FILE NO. 19HA-CV-19-611

NOTICE OF OBJECTS OF THE PETITION, NOTICE OF

CONDEMNATION HEARING AND NOTICE OF MOTION

AND MOTION FOR ORDER TRANSFERRING TITLE AND

POSSESSION

CASE TYPE: CONDEMNATION

City of Inver Grove Heights, a Minnesota municipal corporation,

Petitioner,

v.

Ace in the Hole Real Estate Limited Partnership, a Minnesota limited

partnership; LYNDIAN TERRITORIES, L.P., a Minnesota limited partnership;

John N. Simons and Jeanne L. Simons, husband and wife; State of

Minnesota; 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 TEMPORARY

AND PERMANENT EASEMENT RIGHTS FROM PRIVATE

PROPERTY OWNERS, LOCATED IN THE CITY OF INVER

GROVE HEIGHTS, COUNTY OF DAKOTA, MINNESOTA, AS

REQUIRED FOR CITY PROJECT NO. 2015-03 – 65TH STREET

ROADWAY AND DRAINAGE AND UTILITY IMPROVEMENTS

(BETWEEN T.H. 3 AND FUTURE ARGENTA TRAIL) AND

CITY PROJECT NO. 2018-03 – NWA TRUNK WATERMAIN

IMPROVEMENTS – 65TH STREET LOOP (PHASE 4 OF

2015-12) FROM AGATE TRAIL TO FUTURE ARGENTA

TRAIL RIGHT-OF-WAY (65TH STREET WATERMAIN

IMPROVEMENTS)

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 the permanent public street, roadway, highway and/

or right-of-way, utility and drainage easement and temporary construction

easement over, under, across and through certain property necessary for

public purposes to facilitate City of Inver Grove Heights Project No. 2015-

03 – 65th Street Roadway and Drainage and Utility Improvements (between

T.H. 3 and Future Argenta Trail) and City Project No. 2018-03 – NWA Trunk

Watermain Improvements – 65th Street Loop (Phase 4 of 2015-12) from

Agate Trail to Future Argenta Trail Right-of-Way (65th Street Watermain

Improvements) (collectively referred to as the “Project”). City Project No.

2015-03 includes roadway improvements (bituminous removal, concrete

removal, subgrade excavation/correction, grading, granular subgrade,

aggregate base, bituminous pavement), milling, curb and gutter, storm

sewer, storm water management facilities, street lights, pedestrian trail

and sidewalks, appurtenances and restoration. City Project No. 2018-03

includes excavation, grading, watermain, valves, hydrants, appurtenances

and restoration.

More specifically, the Project includes a westerly extension of 65th Street

together with drainage/utility and watermain extensions/improvements from

South Robert Trail (T.H. 3) to the future realignment corridor for Argenta

Trail, as well as the installation of trunk watermain, including hydrant/valves,

jacking casing, restoration and appurtenances. The Project is needed to

provide a permanent access to the Blackstone Ridge plat and the Woodwind

plat, as well as access to property owned by Ace in the Hole Real Estate

Limited Partnership. A roadway drainage system is necessary to facilitate

storm water for the 65th Street Improvement Project. This system will consist

of manholes, catch basins, concrete pipe, and regional storm water ponds.

The Project also includes the extension of the 65th Street Watermain Loop

from its current termini at Agate Trail, then west along the future 65th Street

alignment. This segment will complete the Robert District Trunk Watermain

Loop between Harmon Park and the Blackstone Ridge development,

providing better flow and fire protection and serves to further extend the

existing trunk watermain in anticipation of further expansion of the Argenta

District Watermain Loop in the future. The Project further involves the

extension of a proposed 16-inch trunk watermain along 65th Street between

Agate Trail to an existing 16-inch trunk watermain located at Alverno Lane

and beyond Alverno Lane, terminating at the east right-of-way line of the

future Argenta Trail to prepare for the future connection of the Argenta District

Watermain Loop. In addition, strategic hydrants, valves, and stubs will be

placed along the trunk watermain to accommodate any future developments

north or south of 65th Street.

In order to complete the Project and the 100-foot right-of-way along 65th

Street to the future Argenta Trail, an additional 50-foot right-of-way adjacent

to the Subject Property is required. A temporary easement area is also

required to construct the roadway embankments for an estimated eighteen

(18) month term. The permanent public street, roadway, highway and/or

right-of-way, utility and drainage easement and temporary construction

easement that are proposed to be acquired are 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 June 5,

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

Inver Grove Heights, will present its Petition for the condemnation of certain

property situated in Dakota County, Minnesota, for the purpose of acquiring

the permanent public street, roadway, highway, right-of-way, drainage and

utility easement and temporary construction easement described in its

Petition, on file in the office of the District Court Administrator of the abovenamed

Court, and in its Notice of Intent to Take Title and Possession, which

has been served upon Respondents. The transfer of the permanent public

street, roadway, highway, right-of-way, drainage and utility easement and

temporary construction easement 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 permanent public street, roadway,

Public Notices

Continued from Page 11

highway, right-of-way, drainage and utility easement and temporary

construction easement 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 permanent public street,

roadway, highway, right-of-way, drainage and utility easement and temporary

construction easement. 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 public street, roadway, highway, right-of-way, drainage and utility

easement and temporary construction easement interests 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.

LEVANDER, GILLEN & MILLER, P.A.

Dated: April 15, 2019

/s/ Jay P. Karlovich

Timothy J. Kuntz, Lic. No. 58993

Jay P. Karlovich, Lic. No. 247650

Tona T. Dove, Lic. No. 0232130

633 South Concord Street,

Suite 400

South St. Paul, MN 55075

(651) 451-1831

Attorneys for Petitioner

tkuntz@levander.com

jkarlovich@levander.com

tdove@levander.com

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

10

EXHIBIT A

Interest Name Address and Telephone Number

Fee Owner,

an undivided

16/18th

Ace in the Hole Real Estate

Limited Partnership, a Minnesota

limited partnership

Ace in the Hole Real Estate

Limited Partnership

c/o James Myhra, Registered

Agent

US Bank NA

155 1st Ave SW

Rochester, MN 55902

Ace in the Hole Real Estate

Limited Partnership

c/o John W. Seeger, Jr.,

Registered Agent

US Bank NA

155 1st Ave SW

Rochester, MN 55902

Fee Owner, an

undivided 1/18th

LYNDIAN TERRITORIES, L.P.

a Minnesota limited partnership

LYNDIAN TERRITORIES, L.P.

c/o Francis T. Foster, Registered

Agent

3780 Bayberry Lane

Eagan, MN 55123

Fee Owner, an

undivided 1/18th

John N. Simons and Jeanne L.

Simons, husband and wife

John N. Simons

1819 Ridgewood Lane East

Glenview, IL 60025

Jeanne L. Simons

1819 Ridgewood Lane East

Glenview, IL 60025

Easement Interest State of Minnesota State of Minnesota

Minnesota Attorney General

445 Minnesota Street, Suite 1400

St. Paul, MN 55101

Property Taxes County of Dakota County of Dakota

c/o Joel T. Beckman

Dakota County Treasurer/Auditor

1590 Highway 55

Hastings, MN 55033

10

Limited Partnership

c/o John W. Seeger, Jr.,

Registered Agent

US Bank NA

155 1st Ave SW

Rochester, MN 55902

Fee Owner, an

undivided 1/18th

LYNDIAN TERRITORIES, L.P.

a Minnesota limited partnership

LYNDIAN TERRITORIES, L.P.

c/o Francis T. Foster, Registered

Agent

3780 Bayberry Lane

Eagan, MN 55123

Fee Owner, an

undivided 1/18th

John N. Simons and Jeanne L.

Simons, husband and wife

John N. Simons

1819 Ridgewood Lane East

Glenview, IL 60025

Jeanne L. Simons

1819 Ridgewood Lane East

Glenview, IL 60025

Easement Interest State of Minnesota State of Minnesota

Minnesota Attorney General

445 Minnesota Street, Suite 1400

St. Paul, MN 55101

Property Taxes County of Dakota County of Dakota

c/o Joel T. Beckman

Dakota County Treasurer/Auditor

1590 Highway 55

Hastings, MN 55033

11

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 LANDOWNERS’ PROPERTY

Real Property located in the City of Inver Grove Heights, Dakota County,

Minnesota, described as follows:

The West One-half of the Northeast Quarter (W-1/2 of NE-1/4) of Section

Six (6), Township Twenty-seven (27), Range Twenty-two (22), except the

North 400 feet of the West 668.65 feet thereof, according to the Government

Survey thereof, Dakota County, Minnesota.

Except Parcel 14A of Minnesota Department of Transportation Right of Way

Plat 19-59.

Abstract Property (PID: 20-00600-05-010)

LEGAL DESCRIPTION OF EASEMENT AREAS

Description of Permanent Public Street, Roadway, Highway, Right-of

Way, Drainage and Utility Easement

A permanent easement for public street, roadway, highway, right-of-way,

drainage and utility purposes and all such purposes ancillary, incident or

related thereto over, under and across a portion of the Landowners’ Property,

lying southerly of the following described line: commencing at the Southwest

corner of the Southwest Quarter of said Section 6; thence North 89 degrees

44 minutes 00 seconds East, assumed bearing along the South line of said

Southwest Quarter 262.43 feet to the point of beginning; thence North 00

degrees 57 minutes 17 seconds west, 50.00 feet; thence North 89 degrees

44 minutes 00 seconds East, 1076.83 feet to the East line of said Southwest

Quarter and said line there terminating.

Description of Temporary Construction Easement

A temporary easement for an estimated eighteen (18) month term for

construction purposes, and all such purposes ancillary, incident or related

thereto over, under, and across a portion of the Landowners’ Property, lying

northerly of the above-described permanent easement and Southerly of

the following described line: commencing at the Southwest corner of the

Southwest Quarter of said Section 6; thence North 89 degrees 44 minutes

00 seconds East, assumed bearing along the South line of said Southwest

Quarter 262.43 feet to the point of beginning; thence North 00 degrees

57 minutes 17 seconds west, 100.01 feet; thence North 89 degrees 44

minutes 00 seconds East, 173.01 feet thence South 00 degrees 15 minutes

40 seconds East, 25.00 feet; thence 89 degrees 44 minutes 00 seconds

East, 413.43 feet; thence South 00 degrees 18 minutes 24 seconds East,

25.00 feet to the north line of said permanent easement and said line there

terminating.

14

DEPICTION OF EASEMENT AREAS

(South-West Review: Apr. 21, 28; May 5, 2019)

_____

CITY OF INVER GROVE HEIGHTS

DAKOTA COUNTY, MINNESOTA

NOTICE OF HEARING ON PROPOSED SPECIAL ASSESSMENTS

2019 PAVEMENT MANAGEMENT PROGRAM

CITY PROJECT NO. 2015-03

65TH STREET ROADWAY AND DRAINAGE IMPROVEMENTS

TO WHOM IT MAY CONCERN:

Notice is hereby given that the City Council of Inver Grove Heights, MN, will meet in the Council Chambers at 8150

Barbara Avenue, Inver Grove Heights, MN, at 7:00 p.m. on Monday, May 13, 2019 to hold a hearing and to consider,

pass upon and levy the proposed special assessments for improvements as follows:

Project No. 2015-03

Construct 65th Street from its intersection with Trunk Highway 3, east to the east right-of-way line for future Argenta

Trail.

General Nature of Improvements

The project includes subgrade excavation/correction, grading, granular subgrade, aggregate base, bituminous

pavement, milling, curb and gutter, storm sewer, storm water management facilities, street lights, pedestrian trail,

easement acquisition, appurtenances and restoration to construct 65th Street from its intersection with Trunk

Highway 3, east to the east right-of-way line for future Argenta Trail.

Area Proposed to be Assessed

Properties to be served by the improvements are described as follows: (Section 06; T27N; R22W)

Total Amount of Proposed Assessment

The total amount of the proposed special assessments for the improvements

and appurtenances are as follows:

Cost of Improvements: $2,748,420.00

Assessments for above Improvements: $961,946.00

Proposed Assessments Against Particular Lots, Pieces or Parcels of Land

The proposed special assessments against the particular properties to be assessed are set forth below (to find your

tax parcel, check your real estate tax statement):

City Project No. 2015-03 Page 2 of 3

Assessment Hearing Notice

TAX ID AND ASSESSMENT AMOUNT

200060005010 $208,213.00

200060003051 $42,677.82

200060003020 $50,178.48

200060003034 $20,769.24

200060004011 $123,737.76

208450001010 $4,164.26

208450101010 $4,164.26

208450101020 $4,164.26

208450101030 $4,164.26

208450101040 $4,164.26

208450101050 $4,164.26

208450101060 $4,164.26

208450102010 $4,164.26

208450102020 $4,164.26

208450102030 $4,164.26

208450102040 $4,164.26

208450102050 $4,164.26

208450102060 $4,164.26

208450102070 $4,164.26

208450102080 $4,164.26

208450102090 $4,164.26

208450102100 $4,164.26

208450102110 $4,164.26

208450102120 $4,164.26

208450103010 $4,164.26

208450103020 $4,164.26

208450103030 $4,164.26

208450103040 $4,164.26

208450103050 $4,164.26

208450104010 $4,164.26

208450104020 $4,164.26

208450104030 $4,164.26

208450105010 $4,164.26

208450105020 $4,164.26

208450105030 $4,164.26

208450105040 $4,164.26

208450105050 $4,164.26

208450105060 $4,164.26

208450105070 $4,164.26

208450105080 $4,164.26

208450105090 $4,164.26

208450105100 $4,164.26

208450105110 $4,164.26

208450106010 $4,164.26

208450106020 $4,164.26

208450106030 $4,164.26

208450106040 $4,164.26

208450106050 $4,164.26

208450106060 $4,164.26

208450106070 $4,164.26

201416701010 $4,164.26

201416701020 $4,164.26

201416701030 $4,164.26

201416701040 $4,164.26

201416702010 $4,164.26

201416702020 $4,164.26

201416702030 $4,164.26

201416702040 $4,164.26

201416702050 $4,164.26

201416702060 $4,164.26

201416702070 $4,164.26

201416702080 $4,164.26

201416702090 $4,164.26

201416702100 $4,164.26

201416702110 $4,164.26

201416702120 $4,164.26

201416702130 $4,164.26

201416702140 $4,164.26

201416702150 $4,164.26

201416702160 $4,164.26

201416702170 $4,164.26

201416702180 $4,164.26

201416702190 $4,164.26

201416702200 $4,164.26

201416703010 $4,164.26

201416703020 $4,164.26

201416703030 $4,164.26

201416703040 $4,164.26

201416703050 $4,164.26

201416703060 $4,164.26

201416703070 $4,164.26

201416703080 $4,164.26

201416703090 $4,164.26

201416703100 $4,164.26

201416703110 $4,164.26

201416703120 $4,164.26

201416703130 $4,164.26

201416703140 $4,164.26

201416703150 $4,164.26

201416703160 $4,164.26

201416703170 $4,164.26

201416703180 $4,164.26

201416703190 $4,164.26

201416703200 $4,164.26

201416703210 $4,164.26

201416703220 $4,164.26

201416703230 $4,164.26

201416703240 $4,164.26

201416703250 $4,164.26

201416703260 $4,164.26

201416703270 $4,164.26

201416703280 $4,164.26

201416704010 $4,164.26

201416704020 $4,164.26

201416704030 $4,164.26

201416704040 $4,164.26

201416704050 $4,164.26

201416704060 $4,164.26

201416704070 $4,164.26

201416704080 $4,164.26

201416704090 $4,164.26

201416704100 $4,164.26

201416705010 $4,164.26

201416705020 $4,164.26

201416705030 $4,164.26

201416705040 $4,164.26

201416705050 $4,164.26

201416705060 $4,164.26

201416705070 $4,164.26

201416705080 $4,164.26

201416705090 $4,164.26

201416705100 $4,164.26

201416705110 $4,164.26

201416705120 $4,164.26

201416705130 $4,164.26

201416705140 $4,164.26

201416705150 $4,164.26

201416705160 $4,164.26

201416705170 $4,164.26

City Project No. 2015-03 Page 2 of 3

Assessment Hearing Notice

TAX ID AND ASSESSMENT AMOUNT

200060005010 $208,213.00

200060003051 $42,677.82

200060003020 $50,178.48

200060003034 $20,769.24

200060004011 $123,737.76

208450001010 $4,164.26

208450101010 $4,164.26

208450101020 $4,164.26

208450101030 $4,164.26

208450101040 $4,164.26

208450101050 $4,164.26

208450101060 $4,164.26

208450102010 $4,164.26

208450102020 $4,164.26

208450102030 $4,164.26

208450102040 $4,164.26

208450102050 $4,164.26

208450102060 $4,164.26

208450102070 $4,164.26

208450102080 $4,164.26

208450102090 $4,164.26

208450102100 $4,164.26

208450102110 $4,164.26

208450102120 $4,164.26

208450103010 $4,164.26

208450103020 $4,164.26

208450103030 $4,164.26

208450103040 $4,164.26

208450103050 $4,164.26

208450104010 $4,164.26

208450104020 $4,164.26

208450104030 $4,164.26

208450105010 $4,164.26

208450105020 $4,164.26

208450105030 $4,164.26

208450105040 $4,164.26

208450105050 $4,164.26

208450105060 $4,164.26

208450105070 $4,164.26

208450105080 $4,164.26

208450105090 $4,164.26

208450105100 $4,164.26

208450105110 $4,164.26

208450106010 $4,164.26

208450106020 $4,164.26

208450106030 $4,164.26

208450106040 $4,164.26

208450106050 $4,164.26

208450106060 $4,164.26

208450106070 $4,164.26

201416701010 $4,164.26

201416701020 $4,164.26

201416701030 $4,164.26

201416701040 $4,164.26

201416702010 $4,164.26

201416702020 $4,164.26

201416702030 $4,164.26

201416702040 $4,164.26

201416702050 $4,164.26

201416702060 $4,164.26

201416702070 $4,164.26

201416702080 $4,164.26

201416702090 $4,164.26

201416702100 $4,164.26

201416702110 $4,164.26

201416702120 $4,164.26

201416702130 $4,164.26

201416702140 $4,164.26

201416702150 $4,164.26

201416702160 $4,164.26

201416702170 $4,164.26

201416702180 $4,164.26

201416702190 $4,164.26

201416702200 $4,164.26

201416703010 $4,164.26

201416703020 $4,164.26

201416703030 $4,164.26

201416703040 $4,164.26

201416703050 $4,164.26

201416703060 $4,164.26

201416703070 $4,164.26

201416703080 $4,164.26

201416703090 $4,164.26

201416703100 $4,164.26

201416703110 $4,164.26

201416703120 $4,164.26

201416703130 $4,164.26

201416703140 $4,164.26

201416703150 $4,164.26

201416703160 $4,164.26

201416703170 $4,164.26

201416703180 $4,164.26

201416703190 $4,164.26

201416703200 $4,164.26

201416703210 $4,164.26

201416703220 $4,164.26

201416703230 $4,164.26

201416703240 $4,164.26

201416703250 $4,164.26

201416703260 $4,164.26

201416703270 $4,164.26

201416703280 $4,164.26

201416704010 $4,164.26

201416704020 $4,164.26

201416704030 $4,164.26

201416704040 $4,164.26

201416704050 $4,164.26

201416704060 $4,164.26

201416704070 $4,164.26

201416704080 $4,164.26

201416704090 $4,164.26

201416704100 $4,164.26

201416705010 $4,164.26

201416705020 $4,164.26

201416705030 $4,164.26

201416705040 $4,164.26

201416705050 $4,164.26

201416705060 $4,164.26

201416705070 $4,164.26

201416705080 $4,164.26

201416705090 $4,164.26

201416705100 $4,164.26

201416705110 $4,164.26

201416705120 $4,164.26

201416705130 $4,164.26

201416705140 $4,164.26

201416705150 $4,164.26

201416705160 $4,164.26

201416705170 $4,164.26

Assessment Roll Available for Inspection

The proposed assessment rolls are now on file for public inspection at the Clerk’s Office, 8150 Barbara Avenue,

Inver Grove Heights, MN. You are invited to examine the assessment rolls prior to the hearing. City offices are open

from 8:00 a.m. to 4:30 p.m., Monday through Friday; no appointments are necessary. The assessment rolls will be

available for examination at the hearing.

Objections and Appeals

Written and oral objections will be considered at the hearing. Minnesota Statute, Section 429.061, states that no

appeal may be taken as to the amount of the assessment unless a written objection, signed by the affected property

owner, is filed with the municipal clerk prior to the assessment hearing or presented to the presiding officer at the

hearing. An owner may appeal an assessment to the District Court pursuant to Minnesota Statute, Section 429.081,

by serving notice of the appeal upon the Mayor or the Clerk of the City within thirty (30) days after the adoption of

the assessment and filing such notice with the District Court within ten (10) days after service upon the Mayor or the

Clerk.

Assessment Deferment

Under Minnesota Statutes, Section 435.193 to 435.195, the Inver Grove Heights City Council may, in its discretion,

defer the payment of these special assessments for any homestead property owned by a person 65 years of age

or older for whom it would be a hardship to make the payments, any homestead property owned by a person who

is retired by virtue of a permanent and total disability, for whom it would be a hardship to make the payments, any

homestead property owned by a person who is a member of the Minnesota National Guard or other military reserves

who is ordered into active military service (as defined in Minnesota Statutes Section 190.05, subdivision 5(b) or 5(c)),

as stated in the person’s military orders, for whom it would be a hardship to make the payments. When deferment

of the special assessments has been granted and is terminated for any reason provided by law, all amounts

accumulated, plus applicable interest, become due. Any assessed property owner meeting the requirements of this

law and Resolution No. 09-13, adopted under it, may apply to the City Clerk on the prescribed form for such deferral

of payment of these special assessments. If you qualify and wish a deferment, then contact the City Clerk.

Authority to Specially Assess

The proposed assessments are to be levied pursuant to Minnesota Statutes, Chapter 429. The improvements are

proposed to be assessed on the combined basis of the frontage, current or future access of properties abutting or

tributary to said improvements, and the number of units served. The areas, parcels, lots and pieces of property,

as specially described herein, are subject to said assessments. The amounts set forth in this Notice are the

proposed assessments. The City Council will consider the proposed assessments at the meeting and may levy the

assessments at the meeting or at a later date. The City Council may levy and adopt special assessments that are

the same or different than the proposed amounts.

Payment of Special Assessments

Once the special assessments are levied and adopted, the special assessments will be certified to the Dakota

County Auditor to be extended on the property tax lists for collection with real estate taxes. Prior to this certification,

however, the property owner may prepay the entire amount of the special assessment without any interest thereon

provided the prepayment is received within 30 days after levy and adoption of the special assessments by the City

Council (or at such later date determined by the City Council). If the property owner wishes to prepay the special

assessments without any interest, then such payment must be made to the City of Inver Grove Heights at City

Hall, 8150 Barbara Avenue, Inver Grove Heights, MN 55077. Partial prepayment of the special assessments is not

presently allowed under the City ordinances; the prepayment, without interest, must be for the entire amount of the

special assessments.

If prepayment is not received within thirty (30) days after the special assessments are levied and adopted by the

City Council (or at such later date determined by the City Council), then:

(a) The total principal amounts of the special assessments are divided into an equal number of annual installments.

The proposed number of annual installments is ten (10) years. The number of annual installments will be decided

by the City Council when the special assessments are levied.

(b) The principal amounts of the special assessments shall bear interest at the rate determined by the City Council

when the special assessments are levied. The proposed interest rate is 5.15 percent.

(c) Interest begins to accrue from the date the special assessments are levied (or at such later date determined by

the City Council).

(d) The annual principal installments, together with interest accrued on the unpaid balance, are due and payable

together with real estate taxes.

(e) Interest on the entire special assessments, from the date of levy (or at such later date determined by the

City Council) to December 31st of the year in which the first installment is payable, is added to the first principal

installment. The first installment will be due and payable in 2020.

(f) If in the future the property owner wishes to pay off the remaining balance of the assessments, then Minnesota

Statute, Section 429.061, Subdivision 3, provides that such payment may be made to the County Treasurer, together

with interest accrued to December 31st of the year in which payment is made as long as payment is made prior to

November 15th; if the payoff occurs after November 15th, then interest for the next year is also added.

If the adopted assessments differ from the proposed assessments as to any particular lot, piece or parcel of land,

then the City will mail to the owner a notice stating the amount of the adopted assessments. Owners will also be

notified, by mail, if the City Council adopts any changes in the interest rate or prepayment requirements from those

contained in this Notice of Hearing.

Michelle Tesser, City Clerk

(South-West Review: Apr. 21, 2019)

_____

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