Loading...
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 RJL-258117vi 1 CL205-25 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 RJL-258117vi 2 CL205-25 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 RJL-258117vl 3 CL205-25 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. RJL-258117vl 4 CL205-25 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. RJL-258117vi 5 CL205-25 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 ILIL-258117vi 6 C[205-25 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 CL205-25 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; RJL-258117vi 8 CL205-25 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 RIL-258117vl 9 CL205-25 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 PdL-258117vi A-1 CL205-25 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 v. JI~-2s 8 ~ ~7v~ A-2 CL205-25 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 RJL-258117vl A-3 CIX205-25 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 m[-258t t7vt A-4 CL205-25 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 RJL-258117vi A-5 CL205-25 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. e, JL-258~Tvt A-6 CL205-25 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 mI~-2sat~?vt A-7 CL205-25 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 RJL-2581 ltv! A-8 CL205-25 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. RJL-259357v I 1 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 RJL-259357vl 2 CL205-25