HomeMy WebLinkAboutContract 1822STATE OF MINNESOTA
COUNTY OFANOKA
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Case Type: Condemnation
DISTRICT COURT
TENTH JUDICIAL DISTRICT
Columbia Heights Economic Development
Authority, a public body corporate and politic,
Petitioner,
3800 5th Street, LLC, a Minnesota limited liability
company; Voyager Bank, a Minnesota
corporation; Eugene W. Hunstad and Dorothy C.
Hunstad, husband and wife, as joint tenants; J.R.
Properties, a Minnesota parmership; Anoka
County; City of Columbia Heights; 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.
Court File No. b°~-'O--~' -/~,7 ?
PETITION AND MOTION
FOR TRANSFER OF TITLE
AND POSSESSION PURSUANT
TO MINN. STAT. § 117.042
PARCELS C and D
TO THE ABOVE-NAMED COURT:
Petitioner respectfully represents and alleges as follows:
1. Petitioner is a public body corporate and politic, duly organized and existing under
the laws of the State of Minnesota, created by resolution of the City of Columbia Heights and is the
successor to The Housing and Redevelopment Authority in and for the City of Columbia Heights.
2. Petitioner is authorized to carry out redevelopment within its boundaries pursuant to
Minnesota Statutes Chapter 469.
3. Petitioner seeks to acquire the real estate which is described in Exhibit A, in order to
carry out the redevelopment objectives described in the Modification to the Downtown CBD
Revitalization Plan ("Project Plan") for the CBD Redevelopment Project (the "Project Area").
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4. On February 15, 2005, Petitioner, by resolution of its governing body, Resolution
No. 2005-4, authorized the acquisition of the real estate which is legally described in Exhibit A
attached hereto and incorporated herein (''Subject Property") by eminent domain proceedings for
redevelopment purposes.
5. The Petitioner has found it necessary and for a public purpose to acquire the Subject
Property for redevelopment purposes in accordance with the Project Plan.
6. .The Subject Property is situated in the City of Columbia Heights, County of Anoka,
State of Minnesota.
7. Exhibit A attached hereto identifies all persons and entities appearing of record and
known to Petitioner, as a result of due and diligent inquiry, to be the owners of, or potentially to
have an interest in, the Subject Property, together with the nature of such interest, to the best of
Petitioner's knowledge, information and belief. The listing of the nature of such interests 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, it is Petitioner's intention 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.
8. Except as provided herein, to the best of the Petitioner's information and belief, none
of the Subject Property is in actual public use.
9. 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.
10. 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
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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.
11. Petitioner further requests that at least one of the Commissioners to be appointed be
knowledgeable in estimating the cost of removal and remedial actions as defined in Minn. 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.
12. Petitioner also expressly reserves 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 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.
13. Petitioner also expressly reserves its rights (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 from, be defended by,
be indemnified from and be held harmless from, liability for personal injury, injury to the Subject
Property, ali 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, undemeath, or near the Subject Property, including, but
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not limited to, the soils, subsurface areas, surface waters, ground water, and air, and seeks an Order
from the Court expressly preserving said rights.
14. Petitioner requires transfer of possession and title of the Subject Property to it in
accordance with Minn. Stat. § 117.042 as amended, as of May 20, 2005.
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;
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 ascertain and report the amount 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 defined
in Minn. Stat. § 117.085, as well as stigma damages that may exist as a result of adverse
environmental conditions that may affect the value of the Subject Property; and (b) fix 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 unless said time be further extended by order of the
Court;
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4. That, as requested by the Petitioner herein, and pursuant to the requirements of
Minn..Stat. § 117.085, the Court direct and instruct the Commissioners 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;
5. That the Court fred 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 furore 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.
§ 115B.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 f'md 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
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 t_he 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;
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7. That in ail 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. That the Court authorize the transfer of fee simple absolute title and the right of
possession of the Subject Property to Petitioner effective as of May 20, 2005, upon the payment to
the owners or deposit with the District Court Administrator of the Petitioner's approved appraisal of
value pursuant to Minn. Stat. § 117.042, as amended for the real estate being acquired.
9. That the Court grant such other and further relief as the Court may determine to be
fair and equitable and pursuant to law.
Dated: Febmary.___~, 2005.
By:
KENNEDY & GRAVEN,
Robert J. Lindall,
John M. LeFevre, Jr., #61852
Bryan D. Shirley, #312964
470 US Bank.Plaza
200 South Sixth Street
Minneapolis, MN 55402
(612)337-9219
ATTORNEYS FOR PETITIONER
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EXHIBIT A
Legal Descriptions of Properties To Be Acquired by Eminent Domain Proceedings
(collectively, "Subi ect Property_")
Parcel C (Abstract)PIN No. 35-30-24-34-0041 (3800- 5th Street NE) and PIN No. 35-30-24-34-
0035 (3901 - 5th Street NE)
Property Addresses: 3800 - 5th Street NE and 3901 - 5th Street NE, Columbia Heights,
Minnesota 55421.
Legal Description of Property_ to be Acquired:
All of Lots 7 and 8, Rearrangement of Block E, Columbia Heights Annex, Anoka,
County, Minnesota.
That part of Lots 5, 6 and 9, said Rearrangement of Block E, Columbia Heights Annex,
lying Easterly of the East line of University Avenue NE, except that part thereof lying
Northerly and Westerly of the following described line:
Commencing at the Northeast comer of said Lot 5, in said Rearrangement of Block E,
Columbia Heights Annex; thence South 30 degrees 19 minutes 23 seconds East on an
assumed bearing along the Easterly line of Lots 1 through 8 in said Rearrangement of
Block E, a distance of 32.33 feet to a ½" inside diameter iron pipe monument capped
R.L.S. 10832, the actual point of beginning; thence South 89 degrees 45 minutes 19
seconds West a distance of 107.77 feet to a ½" inside diameter iron pipe monument
capped R.L.S. 10832; thence South 51 degrees 48 minutes 07 seconds West a distance of
115.26 feet to a ½" inside diameter iron pipe monument capped R.L.S. 10832; thence
South 1 degree 03 minutes 07 seconds East a distance of 54.97 feet to a ½" inside
diameter iron pipe monument capped R.L.S. 10832; thence South 89 degrees 41 minutes
39 seconds West a distance of 134.51 feet, more or less, to a point on the Easterly line of
University Avenue NE distant 734.92 feet Southerly from the intersection of said
Easterly line of University Avenue NE and the Northerly line of Lot 1 in said
Rearrangement of Block E, Columbia Heights Annex, and there terminating.
EXCEPT
That part of Lot 5, described as follows:
Commencing at the Northeast comer of said Lot 5; thence South 30 degrees 19 minutes
23 seconds East on an assumed bearing along the Easterly line of said Lot 5 a distance of
32.33 feet to a ½" inside diameter iron pipe monument capped R.L.S. 10832, to the actual
point of beginning; thence South 89 degrees 45 minutes 19 seconds West a distance of
107.77 feet to a ½" inside diameter iron pipe monument capped R.L.S. 10832; thence
South 51 degrees 48 minutes 07 seconds West a distance of 27.64 feet; thence North 89
degrees 10 minutes 53 seconds East a distance of 138.61 feet to the Easterly line of said
Lot 5; thence North 30 degrees 19 minutes 23 seconds West along said Easterly line of
said Lot 5 a distance of 18.04 feet to the point of beginning and there terminating.
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Lots 41 and 42, Block 70, Columbia Heights Annex to Minneapolis, except those
portions thereof taken for street or highway purposes.
Lots 43 to 54, inclusive, Block 70, said Columbia Heights Annex to Minneapolis.
That part of Block E, Columbia Heights Annex to Minneapolis, Anoka County,
Minnesota, described as follows:
Beginning at the Southeast comer of Block E; thence North along the West line of Fifth
Street NE, 171.6 feet; thence Northwesterly along the Southwesterly line of Lookout
Place, 182 feet; thence Southwesterly to a point in the Northeasterly line of alley and in
the Nm, thwesterly radial boundary line of the above described part of said Block 70, said
radial boundary line being produced to the Northeasterly line of said alley; thence along
the said Northeasterly line of alley Southeasterly to the North line of Thirty-Eighth
Avenue NE; thence East along the North line of Thirty-Eighth Avenue to the point of
beginning.
Vacated Edgemoor Place lying Easterly of the Easterly line of University Avenue NE and
Northerly of the North line of 3 8th Avenue NE.
The vacated alley lying Easterly of and adjacent to Block 70, Columbia Heights Annex to
Minneapolis, and bounded on the West by the Easterly line of University Avenue NE and
bounded on the South by the Northerly line of 38th Avenue NE.
Lots 7 through 12, inclusive, Block 69, Columbia Heights Annex to Minneapolis; the
vacated alley in Block 69, Columbia Heights Annex to Minneapolis, lying Southerly of
the Westerly extension of the South line of the Northerly 12.5 feet of Lot 11 in said Block
69; and vacated Lookout Place lying Southerly of the Westerly extension of the South
line of the Northerly 12.5 feet of Lot 11 in said Block 69.
That p.art of Block 98, Columbia Heights Annex to Minneapolis, lying Easterly of the
East line of University Avenue NE.
(Abstract Property)
Lots 13, 14, 15, 16, Block 69, Columbia Heights Annex to Minneapolis, and that part of
Lot 17, Block 69, Columbia Heights Annex to Minneapolis, lying Southerly of the
Westerly extension of the North line of the South half of Lot 10 in said Block 69.
(Torrens Property, Certificate No. 87560)
Lots 9 through 20, inclusive, Block 2, First Subdivision of Block F, Columbia Heights,
Minnesota, Anoka County, Minnesota.
Lot 12, Block 1, First Subdivision of Block F, Columbia Heights, Minnesota, Anoka
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County, Minnesota.
The West half of that vacated alley lying Easterly of Lots 18, 19 and 20 in said Block 2,
First Subdivision of Block F, Columbia Heights, Minnesota.
That vacated alley lying between Lots 9, 10 and 11 on the East and Lots 12 through 17,
inclusive, on the West, in said Block 2, First Subdivision of Block F, Columbia Heights,
Minnesota.
That vacated street lying between Lot 12, Block 1, on the East and Lots 9, 10 and 11,
Block 2, on the West, all in said First Subdivision of Block F, Columbia Heights,
Minnesota.
A tract of land bounded on the North by the southerly line of First Subdivision of Block
F, Columbia Heights, Minnesota; bounded on the West by the West line of Block 2 in
said First Subdivision of Block F, Columbia Heights, Minnesota, produced Southerly;
bounded on the East by the East line of Block 1 in said First Subdivision of Block F,
Columbia Heights, Minnesota, produced Southerly; and bounded on the South by a line
parallel with and 10 feet distant Northwesterly (measured at right angles) from the center
line of the main track of the Minneapolis, St. Paul and Sault Ste. Marie Railroad
Company's so called Columbia Heights spur.
(Abstract Property)
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 offices of the County Recorder
and Registrar of Titles in and for Anoka County, Minnesota.
Name Nature of Interest
3800 5th Street, LLC, a Minnesota limited Fee Owner
liability company
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Name Nature of Interest
Voyager Bank, a Minnesota corporation
Voyager Bank, a Minnesota corporation
Anoka County
City of Columbia Heights
All other parties unknown, together with
unknown heirs or devisees and spouses, if any
Mortgage and Security Agreement and
Fixture Financing Statement executed by
3800 5th Street, LLC, a Minnesota limited
liability company, dated April 15, 1999,
filed April 21, 1999, as Document Nos.
1423419 (abstract) and 332794 in the
original principal amount of $1,445,000.
Amended by Extension of Mortgage dated
April 15, 2004, filed July 2, 2004, as
Documents Nos. 1937515 (Abstract) and
470916 (Torrens).
Assignment of Leases and Rents executed
by 3800 5th Street, LLC, a Minnesota limited
liability company, dated April 15, 1999,
filed April 21, 1999, as Document Nos.
1423420 (Abstract) and 332795 (Torrens).
Real Estate Taxes
Special Assessments
Any right, title or interest in the Subject
Property
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Parcel D (Abstract) PIN No. 35-30-24-34-0013 and PIN No. 35-30-24-34-0014 (515 and 519
3 8th Avenue N.E.)
Property Addresses: 515 and 519 - 38th Avenue N.E., Columbia Heights, Minnesota 55421.
Legal Description of Property to be Acquired:
Lot 27 and the East 13 feet of Lot 28, Block 83, Columbia Heights Annex to
Minneapolis; and Lots 24, 25 and 26, Block 83, and the vacated alley North and
adjacent to said lots, Columbia Heights Annex to Minneapolis
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
Name Nature of Interest
Eugene W. Hunstad and Dorothy C. Hunstad, Fee Owner
husband and Wife, as joint tenants
J.R. Properties, a Minnesota partnership
Purchaser under Contract for Deed by and
between Eugene W. Hunstad and Dorothy C.
Hunstad, husband and wife, as Seller, and
J.R. Properties, a Minnesota partnership, as
Purchaser, dated July 28, 1994, filed August
5, 1994, as Document No. 1129843
Anoka County Real Estate Taxes
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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STATE OF MINNESOTA
COUNTY OF ANOKA
DISTRICT COURT
TENTH JUDICIAL DISTRICT
Case Type: Condemnation
Columbia Heights Economic Development
Authority, a public body corporate and politic
under Minnesota law,
Petitioner,
VS.
3800 5th Street, LLC, a Minnesota limited
liability company; Voyager Bank, a Minnesota
corporation; Eugene W. Hunstad and Dorothy C.
Hunstad, husband and wife, as joint tenants; J.R.
Properties, a Minnesota parmership; Anoka
County; City of Columbia Heights; 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. C5-05-1678
NOTICE OF HEARING
ON PETITION AND
NOTICE OF MOTION FOR
ORDER AUTHORIZING
TRANSFER OF TITLE
AND POSSESSION PURSUANT
TO MINN. STAT. § 117.042
PARCELS C and D
Respondents.
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.
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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
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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CITY OF COLUMBIA HEIGHTS
5 C UJL '-(0
,() ")
/ L~ ~
DATE:
MAY 3, 2005
TO:
PATTY MUSCOVITZ
DEPUTY CITY CLERK 1,/
vU ;'"L
WILLIAM ELRITE " I
CITY CLERK
FROM:
RE:
NOTICE OF DISMISSAL
Attached are several documents from Kennedy & Graven in relationship to acquiring property
for the Industrial Park and Huset Park redevelopment projects. These documents should be
appropriately filed in LaserFiche and cross-referenced with previous documents I have
forwarded to you regarding this same subject. Thank you for your attention to this matter.
WE:sms
o503291ADM
Attachments: Kennedy & Graven Letter Dated April 27, 2005
Court File No. C5-05-1678
Notice of Dismissal and Dismissal with Respect to Parcel C
c: Bob Streetar, Community Development Director
WE:sms
050503 1 ADM
Attachment
C H ART ERE 0
470 U.S. Bank Plaza
200 South Sixth Sneer
Minneapolis, MN 55402
(612) 337-9300 relephone
(612) 337-9310 fax
hrrp:llwww.kennedy-graven.com
Kennedy
Graven'
ROBERT J. LINDALL
Attorney at Law
Direct Dial (612) 337-9219
MSBA Board Certified Real Property Law Specialist
April 27, 2005
i;:'J ,',
(; <.)
And All Interested Persons on the Attached Service List
Re: Columbia Heights Economic Development Authority v. 3800 Sth Street, LLC, et al.
Anoka County District Court File No. CS-05-1678
Parcel C
Dear Interested Parties:
Enclosed herewith and hereby served upon you please find the Notice of Dismissal and Dismissal
with respect to Parcel C in the above referenced matter.
l: yoms,
Robert J. Lind 11
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Enclosures
(y;I> )
cc: Randy Schumacher (w/enc.)
Mitchell Cox (w/enc.)
Jo1m Herman (w/enc.)
Steve Bubul (w/o enc.)
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SERVICE LIST
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PARCELS C AND D
Last Updated: April 13, 2005
Parcel No. Interested Party and Address
All City of Columbia Heights
c/o City Clerk
590 -40th Avenue N.E.
Columbia Heights, MN 55421-3835
All Anoka County
.A..noka County Cou..rthouse
Attn: Sara McCartney, Deputy Auditor
325 Main Street
Anoka, MN 55303
C 3800 5th Street, LLC,
a Minnesota limited liability company
c/o Thomas M. Duffy
7500 E. Arapahoe Road #345
Centennial, CO 80112
C Voyager Bank,
a Minnesota corporation
775 Prairie Center Drive
Eden Prairie, MN 55344
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STATE OF MINNESOTA
DISTRICT COURT
COUNTYOFANOKA
TENTH JUDICIAL DISTRICT
Case Type: Condemnation
Columbia Heights Economic Development
Authority, a public body corporate and politic
under Minnesota law,
Court File No. C5-05-1678
Petitioner,
NOTICE OF DISMISSAL
AND DISMISSAL
WITH RESPECT TO PARCEL C
vs.
3800 5th Street, LLC, a Minnesota limited
liability company; Voyager Bank, a Minnesota
corporation; Eugene W. Hunstad and Dorothy C.
Hunstad, husband and wife, as joint tenants; lR.
Properties, a Minnesota partnership; Anoka
County; City of Columbia Heights; 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.
TO THE ABOVE-NAMED COURT AND THE PARTIES ON THE ATTACHED SERVICE
LIST:
Pursuant to Rule 41.01(a)(1) of the Minnesota Rules of Civil Procedure, the petitioner
hereby dismisses this action with respect to Parcel C described in Exhibit A attached hereto.
Petitioner does not hereby intend to dismiss any other properties from this proceeding or to
hereby dismiss any respondent named with respect to said other properties.
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Dated: Apnl_, 2005.
By:
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Robert J. Linda! (63 77)
JohnM. LeFevre, f. (61852)
Bryan D. Shirley (312964)
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
(612) 337-9219
ATTORNEYS FOR PETITIONER
EXIllBIT A
Legal Descriptions of Properties To Be Acquired by Eminent Domain Proceedings
(collectively, "Subiect Property")
Parcel C (Abstract) PIN No. 35-30-24-34-0041 (3800 - 5th Street NE) and PIN No. 35-30-24-34-
0035 (3901 - 5th Street NE)
Property Addresses: 3800 - 5th Street NE and 3901 - 5th Street NE, Columbia Heights,
Minnesota 55421.
Legal Description of Property to be Acquired:
All of Lots 7 and 8, Rearrangement of Block E, Columbia Heights Annex, Anoka,
County, Minnesota.
That part of Lots 5, 6 and 9, said Rearrangement of Block E, Columbia Heights Annex,
lying Easterly of the East line of University Avenue NE, except that part thereof lying
Northerly and Westerly ofthe following described line:
Commencing at the Northeast corner of said Lot 5, in said Rearrangement of Block E,
Columbia Heights Annex; thence South 30 degrees 19 minutes 23 seconds East on an
assumed bearing along the Easterly line of Lots 1 through 8 in said Rearrangement of
Block E, a distance of 32.33 feet to a W' inside diameter iron pipe monument capped
R.L.S. 10832, the actual point of beginning; thence South 89 degrees 45 minutes 19
seconds West a distance of 107.77 feet to a W' inside diameter iron pipe monument
capped R.L.S. 10832; thence South 51 degrees 48 minutes 07 seconds West a distance of
115.26 feet to a W' inside diameter iron pipe monument capped R.L.S. 10832; thence
South 1 degree 03 minutes 07 seconds East a distance of 54.97 feet to a W' inside
diameter iron pipe monument capped R.L.S. 10832; thence South 89 degrees 41 minutes
39 seconds West a distance of 134.51 feet, more or less, to a point on the Easterly line of
University Avenue NE distant 734.92 feet Southerly from the intersection of said
Easterly line of University Avenue NE and the Northerly line of Lot 1 in said
Rearrangement of Block E, Columbia Heights Annex, and there terminating.
EXCEPT
That part of Lot 5, described as follows:
Commencing at the Northeast corner of said Lot 5; thence South 30 degrees 19 minutes
23 seconds East on an assumed bearing along the Easterly line of said Lot 5 a distance of
32.33 feet to a W' inside diameter iron pipe monument capped R.L.S. 10832, to the actual
point of beginning; thence South 89 degrees 45 minutes 19 seconds West a distance of
107.77 feet to a W' inside diameter iron pipe monument capped R.L.S. 10832; thence
South 51 degrees 48 minutes 07 seconds West a distance of 27.64 feet; thence North 89
degrees 10 minutes 53 seconds East a distance of 138.61 feet to the Easterly line of said
Lot 5; thence North 30 degrees 19 minutes 23 seconds West along said Easterly line of
said Lot 5 a distance of 18.04 feet to the point of beginning and there terminating.
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A-l
Lots 41 and 42, Block 70, Columbia Heights Annex to Minneapolis, except those
portions thereof taken for street or highway purposes.
Lots 43 to 54, inclusive, Block 70, said Columbia Heights Annex to Minneapolis.
That part of Block E, Columbia Heights Annex to Minneapolis, Anoka County,
Minnesota, described as follows:
Beginning at the Southeast corner of Block E; thence North along the West line of Fifth
Street NE, 171.6 feet; thence Northwesterly along the Southwesterly line of Lookout
Place, 182 feet; thence Southwesterly to a point in the Northeasterly line of alley and in
the Northwesterly radial boundary line of the above described part of said Block 70, said
radial boundary line being produced to the Northeasterly line of said alley; thence along
the said Northeasterly line of alley Southeasterly to the North line of Thirty-Eighth
Avenue NE; thence East along the North line of Thirty-Eighth Avenue to the point of
beginning.
Vacated Edgemoor Place lying Easterly of the Easterly line of University Avenue NE and
Northerly of the North line of 38th Avenue NE.
The vacated alley lying Easterly of and adjacent to Block 70, Columbia Heights Annex to
Minneapolis, and bounded on the West by the Easterly line of University Avenue NE and
boundedon the South by the Northerly line of 38th Avenue NE.
Lots 7 through 12, inclusive, Block 69, Columbia Heights Annex to Minneapolis; the
vacated alley in Block 69, Columbia Heights Annex to Minneapolis, lying Southerly of
the Westerly extension ofthe South line ofthe Northerly 12.5 feet of Lot 11 in said Block
69; and vacated Lookout Place lying Southerly of the Westerly extension of the South
line of the Northerly 12.5 feet of Lot 11 in said Block 69.
That part of Block 98, Columbia Heights Annex to Minneapolis, lying Easterly of the
East line of University Avenue NE.
(Abstract Property)
Lots 13, 14, 15, 16, Block 69, Columbia Heights Annex to Minneapolis, and that part of
Lot 17, Block 69, Columbia Heights Annex to Minneapolis, lying Southerly of the
Westerly extension of the North line of the South half of Lot 10 in said Block 69.
(Torrens Property, Certificate No. 87560)
Lots 9 through 20, inclusive, Block 2, First Subdivision of Block F, Columbia Heights,
Minnesota, Anoka County, Minnesota.
Lot 12, Block 1, First Subdivision of Block F, Columbia Heights, Minnesota, Anoka
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County, Minnesota.
The West half of that vacated alley lying Easterly of Lots 18, 19 and 20 in said Block 2,
First Subdivision of Block F, Columbia Heights, Minnesota.
That vacated alley lying between Lots 9, 10 and 11 on the East and Lots 12 through 17,
inclusive, on the West, in said Block 2, First Subdivision of Block F, Columbia Heights,
Minnesota.
That vacated street lying between Lot 12, Block 1, on the East and Lots 9, 10 and 11,
Block 2, on the West, all in said First Subdivision of Block F, Columbia Heights,
Minnesota.
A tract of land bounded on the North by the southerly line of First Subdivision of Block
F, Columbia Heights, Minnesota; bounded on the West by the West line of Block 2 in
said First Subdivision of Block F, Columbia Heights, Minnesota, produced Southerly;
bounded on the East by the East line of Block 1 in said First Subdivision of Block F,
Columbia Heights, Minnesota, produced Southerly; and bounded on the South by a line
parallel with and 10 feet distant Northwesterly (measured at right angles) from the center
line of the main track of the Minneapolis, St. Paul and Sault Ste. Marie Railroad
Company's so called Columbia Heights spur.
(Abstract Property)
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 offices of the County Recorder
and Registrar of Titles in and for Anoka County, Minnesota.
Name Nature of Interest
3800 5th Street, LLC, a Minnesota limited Fee Owner
liability company
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Name Nature of Interest
Voyager Bank, a Minnesota corporation Mortgage and Security Agreement and
Fixture Financing Statement executed by
3800 5th Street, LLC, a Minnesota limited
liability company, dated April 15, 1999,
filed April 21, 1999, as Document Nos.
1423419 (abstract) and 332794 ill the
original principal amount of $1,445,000.
Amended by Extension of Mortgage dated
April 15, 2004, filed July 2, 2004, as
Documents Nos. 1937515 (Abstract) and
470916 (Torrens).
Voyager Bank, a Minnesota corporation Assignment of Leases and Rents executed
by 3800 5th Street, LLC, a Minnesota limited
liability company, dated April 15, 1999,
filed April 21, 1999, as Document Nos.
1423420 (Abstract) and 332795 (Torrens).
Anoka County Real Estate Taxes
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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SERVICE LIST
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PARCELS C AND D
Last Updated: April!3, 2005
Parcel No. Interested Party and Address
All City of Columbia Heights
c/o City Clerk
590 - 40th Avenue N.E.
Columbia Heights, MN 55421-3835
All Anoka County
Anoka County Courthouse
Attn: Sara McCartney, Deputy Auditor
325 Main Street
Anoka,MN 55303
C 3800 5th Street, LLC,
a Minnesota limited liability company
c/o Thomas M. Duffy
7500 E. Arapahoe Road #345
Centennial, CO 80112
C V oyager Bank,
a Minnesota corporation
775 Prairie Center Drive
Eden Prairie, MN 55344
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