HomeMy WebLinkAboutContract 1820STATE OF MINNESOTA
COUNTY OF ANOKA
City of Columbia Heights, a Minnesota
municipal corporation,
Petitioner,
Case Type: Condemnation
DISTRICT COURT
TENTH JUDICIAL DISTRICT
File No. CD- c~ '~- O 5- / 6, '7 cf
VS.
Greif Bros. Cooperage Corporation, nka Greif,
Inc., a Delaware corporation; Greif Containers,
Inc., a Delaware corporation; Minneapolis, St.
Paul and Sault Ste. Made Railroad Company,
nka Soo Line ' Railroad Company, a Minnesota
corporation; Buckles & Buckles, LLC, a
Minnesota limited liability company;
MidAmerica Bank, by merger, nka Wells Fargo
Bank, National Association; United States Small
Business Administration; Central Minnesota
Development Company, a Minnesota non-profit
corporation; Region Truck-Equipment, Inc., a
Minnesota corporation; Daro J. Smith and Rita
A. Smith, Trustees, or their successors in trust
under the DRS LIVING TRUST dated March
22, 2001, and any amendments thereto; Scott A.
Smith; Spouse of Scott A. Smith, if any;
Florence V. Pearson; Spouse of Florence V.
Pearson, if any; Soo Line Railroad Company;
City of Columbia Heights; County of Anoka; all
other parties unknown having any right, title or
interest in the premises herein, together with the
unknown heirs or devisees, if any, of the parties
that may be deceased, and including unknown
spouses, if any,
Respondents.
PETITION & MOTION
FOR AN ORDER AUTHORIZING
TRANSFER OF TITLE AND
POSSESSION PURSUANT TO
MINN. STAT. § 117.042
PARCELS E, F and G
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TO THE ABOVE-NAMED COURT:
Petitioner respectfully represents and alleges as follows:
1. Petitioner is a municipal corporation duly organized and existing under the laws of
the State of Minnesota.
2. Petitioner is charged with the responsibility for making public improvements within
its boundaries..
3. Petitioner seeks to acquire the real estate which is identified as Parcels E, F and G
and which is legally described in the attached Exhibit A (collectively, "Subject Property") for road
improvement, redevelopment, and other public purposes. The construction of a parkway from
Jefferson Street N.E. to 37th Street N.E. ("Parkway") for the purpose of enhancing and facilitating
the safe and efficient movement of vehicles and pedestrians in that area of the City and the
redevelopment of the Subject Property and other properties in accordance with a plan approved by
Petitioner and the Columbia Heights Economic Development Authority, a public body corporate
and politic ("EDA") together comprise the Project ("Project").
4. Petitioner and the EDA have entered into a Contract for Private Redevelopment with
Huset Park D6velopment Corporation, ("Redeveloper") which is dated as of October 25, 2004,
(revised December 10, 2004) under which City has agreed to construct the Parkway and
Redeveloper has agreed to construct on the Phase I Property approximately 179 units of owner
occupied townhomes, condomim'ums or cooperative housing units, and approximately 11,650
square of commercial facilities (together "Phase I"), a~_d to consLruct on the Phase I! Property
approximately 120 units of owner-occupied townhomes ("Phase II") and to construct on the Phase
III Property approximately 256 owner-occupied condomim'um or cooperative housing units ("Phase
HI"). Portions of Parcels E, F and G are required for construction of the Parkway and the remainder
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of each of said parcels will be conveyed by the City to the EDA for redevelopment consistent with
the Contract for Private Redevelopment..
5. Petitioner has fotmd it necessary and for a public purpose to acquire said real estate.
for the Project and improvements related thereto.
6. .On January 24, 2005, Petitioner, by resolution of its governing body, Resolution No.
2005-05, authorized the acquisition of the real estate described in the attached Exhibit A by eminent
domain proceedings.
7. On February 15, 2005, the Board of Commissioners of the EDA by its Resolution
No. 2005-03 authorized the acquisition of the Subject Property by eminent domain proceedings to
enable redevelopment of those portions thereof which are not required for construction of the
Parkway in accordance with the provisions of the Contract for Private Redevelopment and to
remove blight and implement the redevelopment plan adopted by the EDA pursuant to the
provisions of the Downtown CBD Revitalization Plan for the CBD Redevelopment Project. The
EDA resolution contemplates that the City will commence eminent domain proceedings on behalf
of both the City and EDA and convey the portions of the Subject Property not required for road
purposes to the EDA for said redevelopment.
8. The real estate is taken subject to public utilities and public easements, if and as
applicable unless otherwise specified.
9. The real estate to be acquired for the Project through this proceeding is located
within the City of Columbia Heights, Anoka County, Minnesota.
10. The legal descriptions of the real estate to be acquired herein, and the names of those
appearing of record or known to Petitioner to be the owners of the lands to be acquired, including all
whom Petitioner has, by investigation and inquiry, been able to discover, together with the nature of
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the ownership interest held by each party in each Parcel of real estate as can be ascertained, are set
forth as shown on the attached Exhibit A, which is made a part hereof as though fully set out at this
point.
11. The listing of the nature of each such interest on Exhibit A is for informational
purposes only and is not intended to limit the right, title, estate, lien or interest of the parties named
therein that the Petitioner is acquiring in the Subject Property. Without limitation, the Petitioner's
intention is to acquire all of the rights, title, interests, and possession which the persons and entities
named in Exhibit A may have in the Subject Property, including but not limited to the interests
described in said Exhibit A.
To the best of Petitioner's information and belief none of said real estate is in actual
12.
public use.
13.
Environmental investigation is necessary on the Subject Property, and has not yet
been completed. The scope and extent of any remediation which may be required is not yet known.
The total costs of investigation and any required remediation are also not yet known.
14. Petitioner requests that, pursuant to the requirements of Minn. Stat. § 117.085, the
Court direct and instruct the Commissioners to be appointed herein to determine the damages
caused by the taking to make express findings of the estimated cost of removal and remedial actions
that will be necessary on the Subject Property because of existing environmental contamination.
15. Petitioner fimher requests that at least one of the Commissioners to be appointed be
knowledgeable in estimating the cost of removal and remedial actions as defined iv_ Mi_n_n_. Stat. §
117.085, as well as stigma factors that may exist as a result of past or present adverse environmental
conditions that may diminish the value of the Subject Property.
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16. Petitioner also expressly reserves its fights (in a separate legal action as justice may
require), to the extent allowed by law, against all potential responsible parties, specifically
including, but not limited to, any or all of the Respondents herein, to recover fi:om, be defended by,
be indemnified from and be held harmless from, (in addition to the estimated cost of removal and
remedial actions recognized and provided for pursuant to Minn. Stat. § 117.085, as previously
referenced above) past and future costs, losses, damages, other injuries, attorneys' fees, and all other
costs, whether known or unknown, relating to environmental investigation and remediation,
including any costs of removal or remediation actions, or other costs of response, under Minn. Stat.
§ l15B.01, et seq. (MERLA), or 42 U.S.C § 9601, et seq. (CERCLA), or similar laws as they
presently exist or are subsequently amended, and seeks an Order from the Court expressly
preserving said rights.
17. Petitioner also expressly reserves its fights (in a separate legal action as justice may
require), to the extent allowed by law, against all potentially responsible parties, specifically
including, but not limited to, any or all of the Respondents herein, to recover fi:om, be defended by,
be indemnified from and be held harmless fi:om, liability for personal injury, injury to the Subject
Property, all other past or future costs, losses, damages, other injuries, attorneys' fees, and all other
costs and damages, whether known or unknown, resulting from the presence of pollutants,
contaminants, or hazardous substances on, underneath, or near the Subject Property, including, but
not limited to, the soils, subsurface areas, surface waters, ground water, and air, and seeks an Order
_from the Cou_rt.express!y preserving said rights.
18. Petitioner requires all rights, title, interest and possession of the Subject Property as
of May 20, 2005.
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19. Before commencing this proceeding, Petitioner obtained an appraisal for each of the
parcels described in Exhibit A. Upon information and belief, in making each of said appraisals, the
appraiser either conferred with one or more of the owners of the parcel being appraised, or the
owners' representatives, or attempted to do so. At least 20 days before presenting this petition to the
above Court, the Petitioner provided a copy of the appraisal to the owner of each of said parcels and
informed the owners of the owners' fight to obtain an appraisal under Minn. Stat. § 117.036,
Subd.2. Before commencing this proceeding, the Petitioner made a good faith effort to acquire each
of said parcels by negotiation instead of eminent domain, giving consideration to the appraisals in
its possession and other information relevant to its value.
WHEREFORE, Petitioner prays for the order of this Court as follows:
1. That such proceedings may be had as are provided by law and that it acquire, by
condemnation, the real estate'described in Exhibit'A in fee simple absOlute, as against 'all persons or
entities named in said Exhibit A and against all persons or entities unknown claiming any right, title,
estate, lien or interest in the Subject Property;
2. 'Adjudging that said taking is for a public purpose, is necessary, and such as is
authorized by law and that Petitioner may acquire by condemnation the real estate described in
Exhibit A attached hereto as against all persons named in said Exhibit A.
3. That pursuant to Minn. Stat. § 117.075, the court: (a) appoint three disinterested
commissioners, and at least two alternates, who are residents of the State of Minnesota and
knowledgeable about the value of real estate, to ascerta~ a_ud report t_he amotmt of damages that
will be sustained by the owners on account of the taking, and that at least one of the Commissioners
to be appointed be knowledgeable in the estimated cost of removal and remedial actions as def'med
in Minn. Stat. § 117.085, as well as stigma damages that may exist as a result of adverse
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environmental conditions that may affect the value of the Subject Property; and (b) f~x the time and
place of the first meeting of the three commissioners, prescribe their compensation, direct the
commissioners to determine the amount of damage caused by the taking; and require the
commissioners to file their report with the Administrator of District Court within 270 days from the
date of the order appointing the commissioners tmless said time be further extended by order of the
Court;
4. That, as requested by the Petitioner herein, and pursuant to the requkements of
Minn. Stat. § 117.085, the Court dkect and instruct the Commissioners to make express findings of
the estimated c'ost of removal and remedial actions that will be necessary on the Subject Property
because of existing envkonmental contamination;
5. That the Court find that Petitioner has reserved its rights (in a separate legal action as
justice may require), to the extent allowed by law, against all potential responsible parties,
specifically including, but not limited to, any or all of the Respondents herein, to recover from, be
defended by, be indemnified from and be held harmless from (in addition to the estimated costs of
removal and the estimated costs of remedial actions recognized and provided for pursuant to Minn.
Stat. § 117.085), past and future costs, losses, damages, other injuries, attorneys' fees, and all other
costs, whether known or unknown, relating to envkonmental investigation and remediation,
including any costs of removal or remediation actions, or other costs of response, under Minn. Stat.
§ l15B.01, et seq. (MERLA), or 42 U.S.C. § 9601, et seq. (CERCLA), or similar laws as they
presently exist or are subsequently amended;
6. That the Court fred that Petitioner also has reserved its rights (in a separate legal
action as justice may require), to the extent allowed by law, against all potentially responsible
parties, including, but not limited to, any or all of the Respondents herein, to recover from, be
ILIL-258117vi 7
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defended by, be indemnified from and be held harmless from, liability for personal injury, injury to
the Subject Property, all other past or future costs, losses, damages, other injuries, attorneys' fees,
and all other costs and damages, whether known or unknown, resulting from the presence of
pollutants, contaminants, or hazardous substances on, underneath, or near the Subject Property,
including, but not limited to, the soils, subsurface areas, surface waters, ground water and air;
7. That in all such cases where, for any reason, it shall be doubtful to whom the award
shall be paid, the payment be made to the Administrator of such Court to be paid out under the
direction of the Court:
8. Appointing three disinterested commissioners, and at least two alternates, to
ascertain and report the amount of damages that will be sustained by the several owners on account
of the takings; fixing the time and place of the first meeting of the three commissioners; prescribing
their compensation; directing the commissioners to determine the amount of damage caused by the
taking in each case; and requiring the commissioners to file their report with the Administrator of
District Court within 270 days from the date of the order appointing the commissioners unless said
time be further extended by order of the Court;
9. Requiring that the Commissioners shall consist of residents of the State of
Minnesota who are respectively:
a) a licensed real estate person actively engaged in real estate sales;
b) a certified federal general real property appraiser who holds a current,
valid license under Minn. Stat. Ch. 82B;
c) a registered attorney knowledgeable in eminent domain matters (but, in no
event shall more than one attorney serve as a commissioner on any panel);
10. Ordering and fixing the time and place of the first meeting of such
Commissioners and prescribing their compensation;
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11. Approving the transfer of fee simple absolute title and possession to Petitioner
of the Subject Property on or after May 20, 2005, upon the payment to the owners of the
applicable property or deposit with the District Court Administrator of the Petitioner's
approved appraisal value of damages pursuant to Minn. Stat. § 117.042 for the real estate being
acquired;
12.
equitable and pursuant to law.
Dated: February ]7, 2005.
For such other and further relief as the Court may determine to be fair and
By:
RObert J. Lindall 6~-7)
John M. LeFevre,-Jr. (61852)
Bryan D. Shirley (312964)
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
(612) 337-9219
ATTORNEYS FOR PETITIONER
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EXHIBIT A
LEGAL DESCRIPTION OF REAL ESTATE
TO BE ACQUIRED
PARCEL E (Abstract) (Parcel One): (PD No. 35-30-24-34-0003 (3700 5th Street N.E.) and
Parcel Two: 35-30-24-34-0004 (317 - 37th Ave. N.E.)):
Property Address: 3755 University Avenue N.E., 3700 - 5th Street N.E. and 317 - 37th Avenue
N.E., Columbia Heights, Minnesota 55420
Legal Description of Property to be Acquired:
Parcel 1
That part of Lot 5, Auditor's Subdivision No. 50, Anoka County, Minnesota, beginning at
the southwest comer of Lot 4 in said subdivision; thence East along the line dividing said
Lots 4 and 5 a distance of eighty-six and five tenths (86.5) feet to an angle point in said
line; thence North along the line dividing said Lots 4 and 5, a distance of four and thirty-
five hundredths (4.35) feet to the actual point of beginning of the tract of land to be
described; thence continuing North along said dividing line one hundred thirteen and
eighty-three hundredths (113.83) feet to an angle point in said line; thence Easterly along
the dividing line between said Lots 4 and 5 a distance of one hundred seventy-two and
eight tenths (172.8) feet to the east line of said Lot 4; thence South along the extension of
the east line of said Lot 4 a distance of two and four tenths (2.4) feet; thence
Southwesterly along a curved line, convex to the northwest, with a radius of seventeen
hundred thirty and twenty-five hundredths (1,730.25) feet and running parallel with and
eleven and five tenths (11.5) feet Northwesterly of the center line of a spur track running
through said Lot 5, to the actual point of beginning.
Together with vacated and to be vacated streets and alleys accruing thereto upon vacation and
appurtenant easements, if any.
According to the map or plat thereof on file and of record in the office of the County Recorder
for Anoka County, Minnesota.
Parcel 2
Lots 7, 8, 9, 10, 11, 12, 13, 14 and 15 in Block 90 in Columbia Heights Annex to
Minneapolis; also the following described portion of Block "G" said Columbia Heights
Annex to Minneapolis:
Commencing at the southwest comer of said Block "G", running thence north along the
line between said Block "G" and the above mentioned Block 90, 360 feet to the northeast
comer bf said Lot 7 in said Block 90; running thence east parallel with the south line of
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said Block "G" 279.9 feet to a point 50 feet westerly at right angles from the center of the
railroad track operated across said Block "G"; thence nmning southerly curving to the
left along a line which is the right of way line of said railroad and 50 feet westerly from
and parallel with said track, said track being upon a curve of 5 degrees, to the south line
of said Block "G"; nmning thence west along the south line of said Block "G" 194.4 feet
to the place of beginning.
Being the same premises conveyed to the party of the first part by the Columbia Heights
Foundry Co., a corporation of the State of Minnesota, by deed bearing date the 2nd day of
August, 1909, and recorded on August 3rd, 1909 in Book "61", Page 539.
Commencing at a point 279.9 feet easterly from the northeast corner of Lot 7, Block 90,
Columbia Heights Annex to Minneapolis, and in a line drawn' from said northeast comer
of said Lot 7 parallel with the south line of Block "G" of said Columbia Heights Annex
to Minneapolis, said point of beginning being the northeasterly comer of a tract of land
heretofore under date of August 2nd, 1909, conveyed by Columbia Heights Foundry
Company to said party of the f~rst part; thence running east on a line parallel with the
south line of said Block "G" to a point 6 feet westerly from the center of the westerly rail
of the railroad track running in a northerly and southerly direction across said Block "G",
said track being the first track east of the tract of land conveyed to said party by said deed
of August 2nd, 1909; thence southerly, on a 5 degree curve to the left, along a line parallel
with and 6 feet distant westerly from the center of said westerly rail of said railroad track,
to the South line of said Block "G"; thence westerly along said south line of said Block
"G" to a point 194.4 feet easterly from the southwest comer of said Block "G", said point
easterly from said southwest comer of said Block "G" being the southeasterly comer of
said tract heretofore under date of August 2na, 1909 conveyed to said first party; thence
nmning north on a 5 degree curve to the right along the easterly line of said tract deeded
said first party on August 2nd, 1909, and parallel with said westerly rail of said railroad
track, to the place of beginning.
The last described premises being subject to the provisions of a certain agreement bearing
date the 30th day of December, 1909, made between the party of the first part and the
Arcade Investment Company, a Minnesota corporation, and being the same premises
conveyed to the party of the first part by the said The Arcade Investment Company by
deed bearing date the 30th day of December, 1909, and recorded on the 21st day of
February, 1910, in Book "60", Page 351.
All that part of Block "G", Columbia Heights Annex to Minneapolis, described as
follows, to-wit:
Commencing at a point 86.5 feet easterly from the northeast corner of Lot 7, Block 90 in
said Columbia Heights Annex to Minneapolis, and in a line drawn easterly from said
northeast corner of said Lot 7 and parallel with the south line of said Block "G";
deflecting thence 90 degrees from said line to the north and running thence north a
distance of 118.18 feet to a point 6 feet south, measured at right angles from the center of
the southerly rail of the Thiem Manufacturing Company's spur track which crosses said
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Block "G", as the same is now laid out and established on the ground; thence deflecting
to the right 90 degrees, 16 minutes and 30 seconds and nmning thence southeasterly a
distance of 100 feet to a point 6 feet southerly, measured at right angles from the center
of the said southerly rail of said spur track; thence deflecting to the left 8 degrees 52
minutes 30 seconds, and running thence northeasterly a distance of 100 feet to a point 6
feet southerly, measured at right angles from the center of said southerly rail of said spur
track; thence deflecting to the left 12 degrees 56 minutes, 30 seconds and running thence
northeasterly a distance of 76.96 feet to a point 6 feet southerly, measured at right angles
from the center of said southerly rail of said spur track and 47.64 feet westerly, measured
at right angles from the center of the westerly rail of the Soo Railway track which crosses
said Block "G" farthest to the west; thence deflecting to the right 140 degrees 3 minutes
and running thence southwesterly a distance of 100 feet to a point 47.64 feet westerly,
measured at right angles from the center of the said westerly rail of said Soo track; thence
deflecting to the left 5 degrees 2 minutes, and nmning thence southwesterly a distance of
79.55 feet to a point 47.64 feet westerly, measured at right angles from the center of the
said westerly rail of said Soo Railway track, said point being also 276.61 feet easterly
from said northeast corner of said Lot 7, Block 90, and in a line drawn from said
northeast comer of said Lot 7 and parallel with the south line of said Block "G"; thence
deflecting to the right 66 degrees 25 minutes and nmning thence west along said line
drawn easterly from said northeast comer of said Lot 7, Block 90, and parallel with the
south line of said Block "G", a distance of 190.11 feet to the place of beginning.
Being the same premises conveyed to the party of the first part by the said The Arcade
Investment Company by deed bearing date the 24th day of July, 1911, and recorded on the
14th day of November, 1911, in Book "69" Page 137.
All that part of Block "G", Columbia Heights Annex to Minneapolis, described as
follows, to-wit:
Commencing at a point 321.36 feet easterly from the northeast comer of Lot 7, Block 90,
said Columbia Heights Annex to Minneapolis and in a line drawn from said northeast
comer of said Lot 7 and parallel with the south line of said Block "G", said point being
also 6 feet westerly, measured at right angles from the center of the westerly rail of the
Soo Railway Company's track which crosses said Block "G" farthest to the west; thence
west along said line described as drawn easterly from the said northeast comer of said
Lot 7 and parallel with the south line of said Block "G" a distance of 44.75 feet to a
point, said point being 276.61 feet easterly from the said northeast comer of said Lot 7,
Block 90, measured along said line described as drawn parallel with the south line of said
Block "G"; thence deflectLn_g to t_he right !13 degrees, 35 minutes, and running thence
northeasterly a distance of 79.55 feet to a point 47.64 feet westerly, measured at right
angles from the center of said westerly rail of said Soo track; thence deflecting to the
right 5 degrees 2 minutes, and running thence northeasterly 100 feet to a point 6 feet
southerly, measured at right angles from the center of the southerly rail of the Thiem
Manufacturing Company's spur track which crosses said Block "G", as the same is now
laid out and established on the ground, and 47.64 feet westerly, measured at right angles
from the center of the westerly rail of said Soo track; thence deflecting to the right 39
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degrees 57 minutes and running thence northeasterly a distance of 23.04 feet to a point 6
feet southerly, measured at right angles from the center of the southerly rail of said Thiem
spur track; thence deflecting to the left 11 degrees 22 minutes and 30 seconds, and
running thence northeasterly 65.15 feet to a point 6 feet southerly, measured at right
angles from the center of the said southerly rail of said Thiem spur track, and 6 feet
westerly, measured at right angles from the center of the westerly rail of the said Soo
track; thence deflecting to the right 154 degrees 32 minutes, and running thence
southwesterly a distance of 100 feet to a point 6 feet westerly, measured at right angles
from the said westerly rail of said Soo track; thence deflecting to the left 4 degrees 40
minutes and running thence southeasterly 100 feet to a point 6 feet westerly, .measured at
right angles from the said westerly rail of said Soo track; thence deflecting to the left 3
degrees 18 minutes, and rtmning thence southwesterly a distance of 33.30 feet to the
point of beginning.
EXCEPT That part of Lot 5, Auditor's Subdivision No. 50, Anoka County, Minnesota,
beginning at the southwest comer of Lot 4 in said Subdivision; thence East along the line
dividing said Lots 4 and 5 a distance of 86.5 feet to an angle point in said line; thence
North along the line dividing said Lots 4 and 5, a distance of 4.35 feet to the actual point
of beginning of the tract of land to be described; thence continuing North along said
dividing line 113.83 feet to an angle point in said line; thence Easterly along the dividing'
line between said Lots 4 and 5 a distance of 172.8 feet to the East line of said Lot 4;
thence South along the extension of the East line of said Lot 4 a distance of 2.4 feet;
thence Southwesterly along a curved line, convex to the Northwest, with a radius of
1730.25 feet, and nmning parallel with and 11.5 feet Northwesterly of the center line of a
spur track running through said Lot 5, to the actual point of beginning.
Together with vacated and to be vacated streets and alleys accruing thereto upon vacation
and appurtenant easements, if any.
According to the map or plat thereof on file and of record in the office of the County
Recorder in and for Anoka County, Minnesota.
Interests Being Acquired:
Name Nature of Interest
Fee Owner
Greif Bros. Cooperage Corporation, a Minnesota
corporation (Parcel 1)
Greif Containers, Inc., a Delaware corporation
(Parcel 2)
Minneapolis, St. Paul and Sault Ste. Marie
Railroad Company, nka Soo Line Railroad
Company, a Minnesota corporation
Easement contained in document dated
March 19, 1956, filed March 31, 1956 in
Book 317, Page 296, as Document No.
171930.
Anoka County Real Estate Taxes
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Name Nature of Interest
City of Columbia Heights Special Assessments
All other parties unknown, together with Any right, title or interest in the Subject
unknown heirs or devisees and spouses, if any Property
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PARCEL F (Torrens) (PID No. 35-30-24-43-0047) (620 - 39th Avenue N.E.):
Property Address: 620 - 39th Avenue NE, Columbia Heights, Minnesota 55421.
Legal Description of Property to Acquired:
Lots 1 and 2, together with that portion of the North ½ of 38th ½ Avenue Northeast
abutting said Lots, heretofore vacated, Block 3, 2na Subdivision of Block F, Columbia
Heights Annex
Together with vacated and to be vacated streets and alleys accruing thereto upon vacation and
appurtenant easements if any.
According to the map or plat thereof on file and of record in the office of the Registrar of Titles
in and for Anoka County, Minnesota
Being Registered Land Pursuant to Certificate of Title No. 81153.
Interests Being Acquired:
Name Nature of Interest
Buckles & Buckles, LLC, a Minnesota limited Fee Owner
liability company
MidAmerica Bank, by merger,
nka Wells Fargo Bank, National Association
United States Small Business Administration
Mortgage executed by Buckles &
Buckles, LLC, a Minnesota limited
liability company, dated July 25, 1996,
filed August 30, 1996, as Document
No. 286156.
Mortgage executed by Buckles &
Buckles, LLC, a Minnesota limited
liability company, dated July 25, 1996,
filed September 20, 1996, as
Document No. 286953, in favor of
Central Minnesota Development
Company, as Mortgagee. Subsequently
assigned to the Administrator of the
Small Business Administration by
Assignment of Mortgage dated July
25, 1996, filed September 20, 1996, as
Document No. 286955.
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Name Nature of Interest
Region Truck-Equipment, Inc., a Minnesota
corporation
Central Minnesota Development Company and the
United States Small Business Administration
Lease dated July 25, 1996, filed
September 20, 1996, as Document No.
286956
Collateral Assignment of Lease and'
Power of Attomey Agreement
executed by Region Truck-Equipment,
Inc., a Minnesota corporation, dated
July 25, 1996, filed September 20,
1996, as Document No. 286957
MidAmerica Bank, by merger, Assignment of Rents dated July 25,
nka Wells Fargo Bank, National Association 1996, filed January 14, 1997, as
Document No. 291751
Anoka County Real Estate Taxes
City of Columbia Heights Special Assessments
All other parties unknown, together with unknown Any right, title or interest in the
heirs or devisees and spouses, if any Subject Property
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PARCEL G (Abstract) (PIN No. 35-30-24-34-0002) (450 - 3 8th Avenue N.E.)
Property Address: 450 - 38th Avenue NE, Columbia Heights, Minnesota 55421.
Legal Description of Property to be Acquired:
Lot 3, Auditor's Subdivision No. 50
Together with vacated and to be vacated streets and alleys accruing thereto upon vacation and
appurtenant easements if any.
According to the map or plat thereof on file and of record in the office of the County Recorder in
and for Anoka County, Minnesota
Interests Being Acquired:
Name Nature of Interest
Daro J. Smith and Rita A. Smith, Trustees, or
their successors in trust under the DRS LIVING
TRUST dated March 22, 2001, and any
amendments thereto
Fee Owner of an undivided one-half (1/2)
interest
Scott A. Smith Fee Owner of an undivided one-half (1/2)
interest
Spouse of Scott A. Smith, if any Possible Holder of an Interest
Florence V. Pearson Possible Holder of an Interest (pursuant to
Warranty Deed dated October 9, 1963, filed
October 11, 1967, as Document No. 302382)
Spouse of Florence V. Pearson, if any Possible Holder of an Interest
Soo Line Railroad Company, a Minnesota Possible Holder of an Interest
corporation, dba Canadian Pacific Railway
Anoka County Real Estate Taxes
City of Columbia Heights Special Assessments
All otb. er parties m~k. no~m, together with Any fight, title or interest in the Subject
unknown heirs or devisees and spouses, if any Property
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STATE OF MINNESOTA
COUNTY OF ANOKA
DISTRICT COURT
TENTH JUDICIAL DISTRICT
Case Type: Condemnation
City of Columbia Heights, a Minnesota
municipal corporation,
Petitioner,
VS.
Greif Bros. Cooperage Corporation, nka Greif,
Inc., a Delaware corporation; Greif Containers,
Inc., a Delaware corporation; Minneapolis, St.
Paul and Sault Ste. Marie Railroad Company,
nka Soo Line Railroad Company, a Minnesota
corporation; Buckles & Buckles, LLC, a
Minnesota limited liability company;
MidAmerica Bank, by merger, nka Wells
Fargo Bank, National Association; United
States Small Business Administration; Central
Minnesota Development Company, a
Minnesota non-profit corporation; Region.
Truck-Equipment, Inc., a Minnesota
corporation; Daro J. Smith and Rita A. Smith,
Trustees, or their successors in trust under the
DRS LIVING TRUST dated March 22, 2001,
and any amendments thereto; Scott A. Smith;
Spouse of Scott A. Smith, if any; Florence V.
Pearson; Spouse of Florence V. Pearson, if
any; Soo Line Railroad Company; City of
Columbia Heights; County of Anoka; all other
parties unknown having any right, title or
interest in the premises herein, together with
the unknown heirs or devisees, if any, of the
parties that may be deceased, and including
unknown spouses, if any,
Court File No. C7-05-1679
NOTICE OF HEARING
ON PETITION AND
NOTICE OF MOTION FOR
ORDER AUTHORIZING
TRANSFER OF TITLE
AND POSSESSION PURSUANT
TO MINN. STAT. § 117.042
PARCELS E, F and G
Respondents.
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CL205-25
TO THE ABOVE NAMED RESPONDENTS AND THEIR ATTORNEYS, IF ANY:
YOU WILL PLEASE TAKE NOTICE that the hearing on petition in the above captioned
matter has been scheduled for April 4, 2005, at 10:00 a.m., before the presiding Judge at Civil Special
Term, Anoka County Government Center, 2100 Third Avenue, Anoka, Minnesota, when the
Petitioner will present to the above-named court its petition for the condemnation of certain lands in
the City of Columbia Heights, County of Anoka, State of Minnesota, which are more particularly
described in Exhibit A to the Petition.
At said time and place, Petitioner also will move the court for an order authorizing Petitioner to
transfer title and possession of the real estate described in Exhibit A to the Petition on file herein to
Petitioner pursuant to Minn. Stat. § 117.042 upon Petitioner's payment or deposit of its approved
appraisal of value, effective as of May 20, 2005.
No party need appear except to object to the relief sought in the Petition and Motion.
Dated: February.22, 2005
Robert J. Lind~}'l],363277)
John M. LeFex~, Jr. (61852)
Bryan D. Shirley (312964)
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
(612) 337-9219
ATTORNEYS FOR PETITIONER
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