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HomeMy WebLinkAboutContract 1836 CITY OF COLUMBIA HEIGHTS DA TE: JUNE 21, 2005 TO: PATTY MUSCOVITZ DEPUTY CITY CLERK WILLIAM ELRIT~ CITY CLERK FROM: RE: NOTICE OF MOTION AND MOTION, ETC. Attached are several documents from Kennedy & Graven in relationship to the acquisition of 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 050621 1 ADM Attachments: Notice of Motion and Motion Mfidavit of Robert 1. LindaU Memorandum of Law Proposed Order c: Bob Streetar, Community Development Director Kennedy .. 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9300 telephone (612) 337-9310 fax http://www.kennedy-gtaven.com C H ART ERE 0 ROBERT J. LINDALL Attorney at Law Direct Dial (612) 337-9219 Certified Real Property Law Specialist Jlme 13, 2005 James Nielson, Esquire Babcock Nielson & Mannella 118 E. Main Street. Anoka, MN 55303-2473 BY FAX AND U.S. MAIL (763) 421-3618 And All Persons listed on the Attached Service List RE: City of Columbia Heights v. Greif Bros. Cooperage Corporation, et al. Anoka County District Court File No. C7-05-1679 Parcel H (Certificates of Title No. 70385 and 70386, 627 and 703 - 39th Avenue N.E.) (Our File No. CL162-028) Dear Mr. Nielson and mterested Persons: Enclosed herewith and served upon you in the above matter are the following: 1. Notice of Motion and Motion; 2. Affidavit of Robe Ii J. LindaU; 3. Memorandum of Law; and 4. Proposed Order JUN 1 [1 ~GGg "-:' RJL:gak cc: Randy Schumacher Steve Bubul RJL-2640 11 v 1 CL162-28 Kennedy ." 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9300 telephone (612) 337-9310 fax http://www.kennedy-graven.com C H ART ERE 0 ROBERT J. LINDALL Attorney at Law Direct Dial (612) 337-9219 Certified Real Property Law Specialist Jlme 13, 2005 District Court Administrator Anoka County Government Center 2100 Third Avenue Anoka, MN 55303 RE: City of Columbia Heights v. Greif Bros. Cooperage Corporation, et al. Anoka County District Court File No. C7-05-1679 Parcel H (Certificates of Title No. 70385 and 70386,627 and 703 - 39th Avenue N.E.) (Our File No. CL162-028) Enclosed herewith for filing in the above captioned matter are the following: 1. Motion and Notice of Motion ofthe City of Columbia Heights; 2. Mfidavit of Robert J. Lindall; 3. Legal Memorandum; and 4. Proposed Order Compelling Delivery of Possession of Parcel H. These documents relate to a Motion which is scheduled for hearing at Special Term on June 27, 2005 at 9:00 a.m. P TT . rT'l1< Enclosure cc: James Nielson Randy Schumacher Steve Bubul RJL-264020vl CL162-28 t";~~_--==q~ STATE OF MINNESOTA DISTRICT COURT COUNTY OF ANOKA TENTH JUDICIAL DISTRICT Case Type: Condemnation Court File No. C7-05-1679 City of Columbia Heights, a Minnesota municipal corporation, Petitioner, NOTICE OF MOTION AND MOTION TO COMPEL DELIVERY OF POSSESSION vs. Greif Bros. Cooperage Corporation, nka Greif, Inc., a Delaware corporation, et al. PARCEL H Respondents. TO: RESPONDENT KREMER & DAVIS, INC., A MINNESOTA CORPORATION, AND THEIR ATTORNEY, JAMES M. NEILSON, ESQ., BABCOCK NEILSON, MANNELLA & KLINT, PLLP, 118 E. MAIN STREET, ANOKA, MN 55303-2473, AND ALL OTHER RESPONDENTS NAMED ON THE ATTACHED SERVICE LIST NOTiCE is HEREBY GIV.I!:N that on June 27, 2005, at 9:00 a.m., or as soon thereafter as counsel may be heard, before the presiding Judge at Civil Special Term, Anoka County Government Center, 2100 Third Avenue, Anoka, Minnesota, City of Columbia Heights ("City") will move the Court, pursuant to Minn. Stat. 9 117.043, for an order compelling Respondent Kremer & Davis, Inc. and all other occupants of the real estate described as Parcel H in the above- captioned matter (described on First Amended Exhibit A attached hereto) to deliver possession of said real estate to the City of Columbia Heights, and to pay to the City of Columbia Heights an RJL-263942vl CLl62-28 amount equal to the amount of attorneys fees, costs and disbursements actually incurred by the City of Columbia Heights in obtaining possession of said real estate. Said motion is based upon all of the files, records and proceedings herein, including the attached memorandum oflaw and Affidavit of Robert J. Lindall. Dated: June 13,2005. KENNEDY & GRA YEN, CHARTERED By: Robert J. Lin 1, 3277) John M. LeFevre, Jr., #61852 Bryan D. Shirley, #0312964 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9300 RJL-263942vl CLl62-28 FIRST AMENDED EXHIBIT A LEGAL DESCRIPTION OF REAL ESTATE TO BE ACQUIRED PARCEL H (Torrens Certificates No. 70385 and 70386) (PIN No. 35-30-24-43-0045) (627 - 39th Avenue N.E.. Columbia Heights. MN) and (PIN No. 35-30-24-43-0046 (703 - 39th Avenue N.E.. Columbia Heights. MN) Legal Description of Property to be Acquired: Lots One (1), Two (2), and Three (3), Block Two (2), all in 2nd 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 Property pursuant to Certificates of Title No. 70385 and 70386. Interests Being Acquired: Name Nature of Interest Kremer & Davis, Inc., a Minnesota corporation Fee Owner Minneapolis, St. Paul & Sault Ste Marie Easement dated November 27, 1953 and Railroad Company, nka Soo Line Railroad filed January 21, 1954 in the office of the Company, a Minnesota corporation Registrar of Titles as DocUlllent No. 15308 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 RJL-263942vl CLl62-28 ADDITIONAL SERVICE LIST CL205-25 PARCEL H Last Updated: April 13, 2005 Parcel No. Interested Party and Address H Kremer & Davis, Inc. A Minnesota corporation P.O. Box 21097 Columbia Heights, MN 55421 H James M. Neilson, Esq. Babcock Neilson, Mannella & Klint, PLLP 118 E. Main Street Anoka,MN 55303-2473 REPRESENTS KREMER & DAVIS, INC. H Minneapolis, St. Paul and Sault Ste. Marie Railroad Company nka Soo Line Railroad Company, a Minnesota corporation 501 Marquette Avenue #800 Minneapolis, MN 55402 All City of Columbia Heights c/o Civj 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 PEB-259904vl C1205-25 STATE OF MINNESOTA DISTRICT COURT COUNTY OF ANOKA TENTH JUDICIAL DISTRICT Case Type: Condemnation Court File No. C7-05-1679 City of Columbia Heights, a Minnesota municipal corporation, Petitioner, AFFIDAVIT OF ROBERT J. LINDALL vs. PARCEL H Greif Bros. Cooperage Corporation, nka Greif, Inc., a Delaware corporation, et aI. Respondents. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Your Affiant, ROBERT J. LINDALL, being duly sworn on oath, deposes and states as follows: 1. I am an attorney licensed to practice law in the State of Minnesota and a shareholder in the law firm of Kennedy & Graven, Chartered, 470 U.S. Bank Plaza, 200 South Sixth Street, Minneapolis, Minnesota 55402. 2. I am one of the attorneys representing the City of Columbia Heights ("City" or "Petitioner") in the above cautioned matter. 3. This is an eminent domain proceeding. The (Condemnation) First Amended Petition and Motion for an Order Authorizing Transfer of Title and Possession Pursuant to Minn. Stat. S RJL-263948vl CLl62-28 117.042, commencing this proceeding was filed in the office of the District Court Administrator for Anoka County with respect to Parcel H on March 2, 2005. 4. Attached hereto as Exhibit A is Petitioner's First Amended Notice of Intention to Take Title and Possession, dated March 2,2005, which was served upon the parties named herein with respect to Parcel H, notifying them that Petitioner intends to possess the real estate with respect to Parcel H on June 1,2005, pursuant to Minn. Stat. ~ 117.042. 5. Findings of Fact, Conclusions of Law and Order Appointing Commissioners with respect to Parcel H described in First Amended Exhibit A attached thereto was filed in the office of the District Court Administrator on Apri14, 2005, in this matter. 6. Findings of Fact, Conclusions of Law and Order Transferring Title and Possession of Parcel H described in First Amended Exhibit A attached thereto was filed in the office of the District Court Administrator on Apri14, 2005, in this matter ("Quick Take Order"). 7. Pursuant to said Quick Take Order, and Minn. Stat. ~ 117.042, City deposited its Approved Appraisal Value with the District Court Administrator in this matter on Apri115, 2005, thereby causing transfer of title and possession to City of Parcel H described in First Amended Exhibit A attached to said Order. The Quick Take Order was mailed to the office of the Registrar of Titles for AnokH County for filing on June 13,2005. 8. According to Exhibit B to said Order, the amount of Petitioner's approved appraisal value as to Parcel H is $192,000. 9. Attached hereto as Exhibit B, is a Receipt of Deposit executed by Beverly Boyer, a .uCPU(yCUWL h..Wlhiil~Lid[U.r .Lvf .C1..G.liAd Lvumy, i,.;vllW:lnklg t.il';; U-';Vv;,lt vi we LiLY of Columbia Heights with this Court of $247,908.82 with respect to Parcel H on Apri115, 2005 (which amount included the $192,000 approved appraised value for Parcel H). RJL-263948vl CLl62-28 2 10. I am advised by Randy Schumacher of the City of Columbia Heights that Respondent Kremer & Davis, Inc. continues to occupy Parcel H as of this date. 11. 1bis Affidavit is given in support of Petitioner's Motion for an Order Compelling Delivery of Possession of Parcel H pursuant to Minn. Stat. ~ 117.043 and awarding to the Petitioner and against the occupants, Respondent Kremer & Davis, Inc., the amount of attorneys fees, costs and disbursements actually incurred by Petitioner in obtaining possession of Parcel H. FURTHER YOUR AFFIANT SA YETII Dated: June 13,2005. Subscribed to and sworn before me .? - this I?~ --.,,4 /" (~~ . .' .... &Notary Public GRACE A. KOEBNICK NOTARY PUBLIC - MINNESOTA My CommIssIon ExpIres Jan. 31. 20tft 6 II 4 J r~! ~.:~~ -"'~-"J RJL-263948vl CLI62-28 3 FIRST AMENDED EXHIBIT A LEGAL DESCRIPTION OF REAL ESTATE TO BE ACQUIRED PARCEL H (Torrens Certificates No. 70385 and 70386) (PIN No. 35-30-24-43-0045) (627 - 39th Avenue N.E., Columbia Heights, MN) and (PIN No. 35-30-24-43-0046 (703 - 39th Avenue N.E., Columbia Heights, MN) Legal Description of Property to be Acquired: Lots One (1), Two (2), and Three (3), Block Two (2), all in 2nd 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 Property pursuant to Certificates of Title No. 70385 and 70386. Interests Being Acquired: Name Nature of Interest Kremer & Davis, Inc., a Minnesota corporation Fee Owner Minneapolis, St. Paul & Sault Ste Marie Easement dated November 27, 1953 and Railroad Company, nka Soo Line Railroad filed January 21, 1954 in the office ofthe Company, a Milliiesota corporation Registrar of Titles as Document No. 15308 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 RJL-263948vl CLl62-28 STATE OF MINNESOTA COUNTY OF ANOKA 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 LPv'n-rG 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 ~ailroad Company; Kremer & Davis, Inc., a Minnesota corporation; 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, ,lf1d inclwlin(T ULwiOvYfl spuuses, it dUY, Respondents. RlL-259898v l CL205-25 EXHIBIT A 1 (G(Q)lPY DISTRICT COURT TENTH JUDICIAL DISTRICT Case Type: Condemnation Court File No. C7-05-l679 FIRST AMENDED NOTICE OF INTENTION TO T ft.Y..E TITLE AND POSSESSION PURSUANT TO MINN. STAT.~ 117.042 PARCELS E, F, G AND H CPt' .tr:'Dl . . ~.'. ". . if G~ .{J~ ':< l=- rlun ti ~ '1l!i1j.'\~ ;~nji~ \J,' ~ @~Q. . . A".!l"ll 7 court Jl\d~ntntstrano.l.\I \. ~~(;Jz~. C.@.un~Wli MN .- TO THE RESPONDENTS HEREIN: YOU WILL PLEASE TAKE NOTICE that petitioner requires title to and possession of the property that is the subject of the above-entitled condemnation action prior to the filing of the award therefor by the court-appointed condemnation commissioners. The real estate to be acquired is described in the attached First Amended Exhibit A. Therefore, you are hereby notified that petitioner intends to take title and possession of Parcels E, F and G on May 20, 2005, and Parcel H on June 1, 2005, all pursuant to Minn. Stat. S 117.042 (1998). Before taking title to and possession of said real estate, petitioner will pay to you or deposit with the court an amount equal to petitioner's approved appraisal of value for said property. Dated: March 1,2005. By: KE~~ Robert J. LindaU (63~7M - John M. LeFevre, Jr. ~1852) Bryan D. Shirley (312964) 470 US Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9219 ATTORNEYS FOR PETITIONER RJL.259898v I CL205.25 2 FIRST AMENDED EXHIBIT A LEGAL DESCRIPTION OF REAL ESTATE TO BE ACQUIRED PARCEL E (Abstract) (Parcel One): (PID 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 corner 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 ofthe 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 (1l.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 eas<?ments, 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 ,l'Intley tn M;rHlP'l':'01i~: Commencing at the southwest corner 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 corner of said Lot 7 in said Block 90; running thence east parallel with the south line of said Block "G" 279.9 feet to a point 50 feet westerly at right angles from the center of the railroad track RJL-2S989&v I CL20S-25 A-I operated across said Block "G"; thence running 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"; running 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 comer 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 first 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 beinr the first track east of the tract of land conveyed to said party by said deed of August 2n , 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 2nd, 1909 conveyed to said first party; thence running 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 pfu-ty of the first part and the Arcade Investment Company, a Minnesota corporation, and being the same premises conveyed to the p~ of the first part by the said The Arcade Investment Company by deed bearing date the 30t day of December, 1909, and recorded on the 215t 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 comer of Lot 7, Block 90 in :r-~lr~ r,,,;f~~n-"'Ll-.!~,, T.'1".~nl,~t~ .'\1'Yn0"" t"n ~ 1;" ;"t1 r: r.,:" (1T"""'.F1l C''l fronl s8id 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 Block "G", as the same is now laid out and established on the ground; thence deflecting to the right 90 degrees, 16 RJL-259898v 1 eL205-25 A-2 minutes and 30 seconds and running 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 running 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 comer 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 running 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 parailei 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 deflecting to the right 113 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 fnnninp- tnptlce llf'rthp'=1~tp.rlv 10f) ff'et tn :l. r',,:nt fj fp'pt "nntl,o.r1v "'''''"''']'ro.,,! '=1t riGht :l.Tu:,-les fWill tile cemer ot the southerly rali of the Thiem Manu1actunng 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 degrees 57 minutes and running thence northeasterly a distance of 23.04 feet to a point 6 feet southerly, measured at right angles RlL-259898vl CL205-25 A-3 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 running 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 ful. angle point hl. 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 running parallel with and 11.5 feet Northwesterly of the center line of a spur track running through said Lot 5, to the actUal point or 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 Greif Bros. Cooperage Corporation, a Minnesota Fee Owner corporation (Parcell) Greif Containers, Inc., a Delaware corporation (parcel 2) Minneapolis, S1. Paul and Sault Ste. Marie D '")i',n'ln r(',~""~",, ,,"',:' - T '",,, D --;1 1 Easement contained m document dated 1\ ,f.- ~ '1 1 n C'" r ~ ll;f, :1 1nC;f) j~ \ Company, a Minnesota corporation Book 317, Page 296, as Document No. 171930. Real Estate Taxes Special Assessments Anoka County City of Columbia Heights RJL-259898v 1 CL205-25 A-4 Name Nature of Interest All other parties unknown, together with Any right, title or interest in the Subject unknown heirs or devisees and spouses, if any Property RJL-259898vl CL205-25 A-5 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 ~ of 38th ~ Avenue Northeast abutting said Lots, heretofore vacated, Block 3, 2nd 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 ..A..noka 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 liability company MidAmerica Bank, by merger, nka Wells Fargo Bank, National Association Fee Owner Mortgage executed by Buckles & Buckles, LLC, a Minnesota limited liability company, dated July 25, 1996, filed August 30, 1996, as Document No. 286156. United States Small Business Administration 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 ofthe Small Business Administration by Assignment of Mortgage dated July 1 ,...., - ~ rv:'\:~ ~1 1 n "1 ~n j nrj[), LL:~ i I Document No. 286955. RJL-259898vl CL205-25 A-6 Name Nature of Interest Region Truck-Equipment, Inc., a Minnesota Lease dated July 25, 1996, filed corporation September 20, 1996, as Document No. 286956 Central Minne~ota Development Company and the Collateral Assignment of Lease and Power of Attorney Agreement United States Small Business Administration ex~uredbyRegionTruck-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 RJL-259898vl CL205-25 A-7 PARCEL G (Abstract) (PIN No. 35-30-24-34-0002) (450 - 38th Avenue N.R) 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 Fee Owner of an undivided one-half (1/2) their succesSors in trust under the DRS LNING interest TRUST dated March 22, 2001, and any amendments thereto 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, ifany Possible Holder of an Interest 800 Line Railroad Company, a Minnesota Possible Hoider of an Interest corporation, dba Canadian Pacific Railway 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 -." " - - ""-,,,--- .. ----..- -~._, .- -- - - RJL-259898vl CL205-25 A-8 PARCEL H (Torrens Certificates No. 70385 and 70386) (PIN No. 35-30-24:-43-0045) (627 - 39th Avenue N.R. Columbia Heights. MN) and (PIN No. 35-30-24-43-0046 (703 - 39th Avenue N.E.. Columbia Heights. MN) Legal Description ofPropertv to be Acquired: Lots One (1), Two (2), and Three (3), Block Two (2), all in 2nd 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 Property pursuant to Certificates of Title No. 70385 and 70386. Interests Being Acquired: Name Nature of Interest Kremer & Davis, Inc., a Minnesota corporation Fee Owner Minneapolis, S1. Paul & Sault Ste Marie Easement dated November 27, 1953 and Railroad Company, nka Soo Line Railroad filed January 21, 1954 in the office ofthe Company, a Minnesota corporation Registrar of Titles as Document No. 15308 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 RJL.259898vl CL205-25 A-9 AFFIDAVIT OF SERVICE BY CERTIFIED MAIL (RETURN RECEIPT REQUESTED) Our File No. CL205-025 Court File No. C7-05-1679 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) PATRICIA E. BOEGEMAN, after being first duly sworn, deposes and says that on the 2nd day of March, 2005, she served the First Amended Notice ofIntention to Take Title and Possession Under Minn. Stat. ~ 117.042 with respect to Parcel H in the above matter upon: Kremer & Davis, Inc. A Minnesota corporation 3900 Jefferson Avenue N.E. Columbia Heights, MN 55421 by placing a copy in an envelope, addressed to the above addresses, certified mail, return-receipt requested, and depositing it in the United States Mail at Minneapolis, Minnesota. SUBSCRIBED AND SWORN to before me this 2nd day of March, ~5. 1 ~YYJ~ Notary Public e .EMILIHORT _.....KIGl'A . .,~ I I . ...........- PEB-25936I v2 CL20S-25 ~, rJ - . - EXHIBIT B JFILEO .'. /Jane FMorrow Court Administration STATE OF MINNESOTA APR 1 5 2005 DISTRICT COURT COUNTY OF ANOKA Anoka Cour:~, MN TENTH JUDICIAL DISTRICT - P~l Y. i().:tEK Case Type: Condemnation / Court File No. C7-05-1679 City of Columbia Heights, a Minnesota municipal corporation, Petitioner, RECEIPT OF DEPOSIT -...." vs. PARCELH 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-Equipmen~ 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, ifany; SteelTech, Inc., a Minnesota corporation; Florence V. Pearson; Spouse of Florence V. Pearson, if any; Soo Line Railroad Company; Kremer & Davis, Inc., a Minnesota corporation; City of Columbia Heights; County of Anoka; all other parties unknown having any right, title or interest inthe premises herein, together with the unknown heirs or devisees, if any, of the parties th,t m"v hP rlo(,p'"'sPrl ?,-,rJ ;r'r.!llr-!;,..,cr ,,:ilrT',~n,'1 spouses, If any, Respondents. RlL.261398vl CI.205-25 '.p / ". I, ~ ~. , a district court ~for Anoka County, Minnesota, having an Offi~ at Anoka County Government Center, Anoka, Minnesota, hereby confirm that f received Petitioner's approved appraisal of value in the amount of$192,000, as the deposit pursuant / to Minnesota Statutes, Section 117.042 for Parcel H described in First Amended Exhibit A attached hereto and incorporated herein:, in accordance with the Order of the District Court, dated April 4, 2005, which is on file herein:, from Robert J. Lindall of Kennedy & Graven, Chartered, 470 U.S. Bank Plaza, Minneapolis, Minnesota, as attorneys-for Petitioner City of Columbia Heights. Pu..rsuant to said order, upon deposit by Petitioner or payment by Petitioner directly to t.'1e owners of their approved appraisal of value with respect to Parcel H, the title and right to possession of Parcel H shall, without notice, immediately vest in the Petitioner. This will also acknowledge the receipt from Petitioner of the additional amount of $55,908.82 to be held by the District Court Administrator until disbursed pursuant to said Order. Together, these amounts comprise the $247,908.82 Grant Amount described in said Order. Dated: April 15 , 2005. By ~~~~~ Deputy Court ~ountan~ Subscribed and sworn to before me this /S~ day of April, 2005. d4/td ~ ~~'h NotllrYRublic~ ~ tl~ ITJ\1'! Of ~. Ct'XNTY OF ;J;NOKA' Certified lobe a true and cortact tlOPY of .hii . i"" , ' .,.,j .A ,"c,d in my oHi'" ~. -/5-tYS-, lANE .~ ,a. ,~ ~ RIL-261398vl Cl20S-2S- 2 / FIRST AMENDED EXHIBIT A LEGAL DESCRIPTION OF REAL ESTATE ^~ TO BE ACQUIRED PARCEL H (Torrens Certificates No. 70385 and 70386) '(PIN No. 35-30-24-43-0045) (627 - 39th Avenue N.E., Columbia Heights, MN) and (PIN No. 35-30-24-43-0046 (703 - 39th Avenue N.E., Columbia Heights, MN) Legal Description of Property to be Acquired: . Lots One (1), Two (2), and Three (3), Block Two. (2), all in 2nd 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 Property pursuant to Certificates of Title No. 70385 and 70386. Interests Being Acquired: Name Nature of Interest Kremer & Davis, Inc., a Minnesota corporation Fee Owner Minneapolis, St. Paul & Sault Ste Marie Easement dated November 27, 1953 and Railroad Company, nka Soo Line Railroad filed January 21, 1954 in the office of the Company, a Minnesota corporation Registrar of Titles as Document No. 15308 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 RJL-261398vl CL20S-2S - STATE OF MINNESOTA DISTRICT COURT COUNTYOFANOKA TENTH JUDICIAL DISTRICT Case Type: Condemnation Court File No. C7-05-1679 City of Columbia Heights, a Minnesota municipal corporation, Petitioner, MEMORANDUM OF LAW IN SUPPORT OF MOTION OF PETITIONER TO COMPEL DELIVERY OF POSSESION OFPARCELH vs. Greif Bros. Cooperage Corporation, nka Greif, Inc., a Delaware corporation, et al. Respondents. INTRODUCTION This Memorandum is given by Petitioner in support of its Motion for an Order Compelling Delivery of Possession of the real estate described as Parcel H in the above captioned matter. ARGUMENT PETITIOl\"'ER IS ENTITLED TO AN ORDER COl'dPELLING DELIVERY OF POSSESSION OF PARCEL H. On April 4, 2005, the District Court issued its Findings of Fact, Conclusions of Law and Order Transferring Title and Possession with respect to Parcel H in this matter. Pursuant to the ()rrler t"he Pf'titi()TlI'''r 0f'1'Y)~';t""<! its anT'nwed 311fY!1l1sal of va he for P<>rcel H '~rlth the Dic:rrrict Court Administrator under Minn. Stat. ~ 117.042 on April 15, 2005. On April 18, 2005, Petitioner notified all parties named herein with respect to Parcel H of the fact of said deposit. RJL-263951vl CL162-28 Petitioner served all Respondents with notice of the filing of the Orders. There has been no written agreement permitting Respondents to continue to occupy Parcel H after the date of deposit. Minn. Stat. ~ 117.043 provides as follows: 1. 117.043. Compelling delivery of possession. Subd. 1. Conditions required for court to issue relief. A court having jurisdiction over an eminent domain proceeding may issue an order compelling delivery of possession of the property under any of the following conditions: (i) the court has issued an order authorizing transfer of title and possession and the petitioner has paid or deposited its approved appraisal value under Section 117.042; or (ii) the petitioner bas acquired title of the real estate. If one of these conditions is me~ the court may issue an order compelling delivery of possession of the property upon: (1) the affidavit of the petitioner; (2) notice to the occupants of the acquired real estate and others claiming a right to remain in possession of it; and (3) a hearing. Notice of the hearing must be given in the same way as notice of a motion under the rules of civil procedure. In case of hardship, the court may delay enforcement of an order compelling delivery of possession for a period not to exceed seven days. Unless otherwise allowed by the court, the matter must be considered solely on the basis of arguments of counsel and affidavits. In this matter, the Court has issued its Order Authorizing Transfer of Title and Possession, the Petitioner has deposited its approved appraisal value under Section 111.042 and title has transferred to Petitioner, so that the conditions described in Subdivision 1, Clauses (i) and (ll) have been satisfied. If either of these conditions is satisfied, Subdivision 1 provides that the Court may issue an order compelling delivery of possession of the property upon (1) the affidavit of the Petitioner; (2) notice to the occupants of the real estate; and (3) a hearing. The Affidavit of Robert J. LinJail, attorney lOr tile .Petitioner nereil1ls provided in suppon vi (he presem motion. Notice of this motion and hearing has been served upon the occupants of the acquired real estate and others RJL..263951vl CLl62-28 2 potentially claiming a right to remain in possession of said real estate, in accordance with the rules of civil procedure. Under Minn. Stat. S 117.042, the City was entitled to effect a transfer of title and possession of the real estate acquired herein with respect to Parcel H to itself on June 1,2005, in that its initial "quick take notice" advised Respondents Kremer & Davis, Inc., Minneapolis, St. Paul & Sault Ste Marie Railroad Company, nka Soo Line Railroad Company, and other occupants of Parcel H of the need to vacate by that date. Minn. Stat. S 117.043, subd. 2 provides as follows: Subd. 2. Awarded Fees and Costs. Following notice and hearing, if the occupant, in bad faith, has failed to deliver possession of the real estate in accordance with either an order issued under ~ 117.042 or an order issued under this section, the Court, upon application by the petitioner, may award to the petitioner, and against the occupant, the attorney fees, costs, and disbursements that were actually incurred by the petitioner in getting possession of the real estate. As indicated in the Affidavit of Robert J. Lindall, the Petitioner has incurred attorneys fees, costs and disbursements in order to obtain possession of Parcel H. Under ~ 117.043, subd. 2, this Court is authorized to award to the Petitioner and against Respondent Kremer & Davis, Inc., the fee owner of Parcel H, and the other occupants of Parcel H, the attorneys fees, costs and disbursements that have been incurred by the Petitioner in obtaining possession of Parcel H. CONCLUSION This Memorandum is offered in support of the Petitioner's motion for an Order Compelling Possession of Parcel H and awarding judgment to Petitioner against Respondents Kremer & Davis, Inc., in an amount equal to the amount of Petitioner's attorney's fees, costs and disbursements RJL-263951vl CLl62-28 3 incurred in obtaining delivery of possession of Parcel H pursuant to the Court's Order Authorizing Transfer of Title and Possession and Minn. Stat. ~ 117.043. Dated: June 13,2005. KENNEDY & GRAVEN, CHARTERED By: Robert J. Lindall, ( 6 277) John M. LeFevre, Jr., #61852 Bryan D. Shirley, #0312964 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9300 ATTORNEYS FOR PETITIONER RJL-263951vl CLl62-28 4 STATE OF MINNESOTA DISlRICT COURT COUNTY OF ANOKA TENTII nIDICIAL DISTRICT Case Type: Condemnation Court File No. C7 -05-1679 City of Columbia Heights, a Minnesota municipal corporation, Petitioner, ORDER COMPELLING DELIVERY OF POSSESSION vs. PARCELH Greif Bros. Cooperage Corporation, nka Greif, Inc., a Delaware corporation, et al. Respondents. The above-entitled matter came on for hearing before the presiding Judge at Civil Special Term, Anoka County Government Center, 2100 Third Avenue, Anok~ Minneso~ on June 27, 2005, on the Motion of Petitioner City of Columbia Heights ("City") for an Order (a) compelling Respondent Kremer & Davis, Inc., a Minnesota corporation, and all other persons occupying Parcel H acquired by Petitioner in the above-captioned matter (described on First Amended Exhibit A attached hereto) to forthwith deliver possession thereof to Petitioner City of Columbia Heights by 5 :00 p.m., Central Daylight Time, on the date which is seven (7) calendar days from the date of this Order; (b) directing the sheriff of Anoka County to take all lawful actions necessary to compel o!'cummts of 5(110 real p'st?tl;': to rleHver no<;sesslol1 tnereof to C1tv of Cohlmb1l'l Heiqhts; and (c) . . . awarding judgment in favor of the City of Columbia Heights and against Respondent Kremer & Davis, Inc., for such attorneys fees, costs and disbursements as are incurred by the City of Columbia Heights in obtaining possession of Parcel H. RJL.263943vl CLl62.28 Robert J. Lindall, Esq. appeared on behalf of City. The following parties and their counsel also appeared at said hearing: James M. Neilson, Esq. appeared on behalf of Respondent Kremer & Davis, Inc. There were no other appearances. Having heard the arguments of counsel, the evidence adduced at the hearing, and based upon the Affidavit of Robert J. Lindall submitted in support of City's motion, and upon all the files, records and proceedings therein, the Court makes the following Order: 1. Respondents Kremer & Davis, Inc., Minneapolis, St. Paul & Sault Ste Marie Railroad Company, nka Soo Line Railroad Company, and all other persons occupying the real estate described as Parcel H in First Amended Exhibit A attached hereto shall deliver possession of said real estate to the City of Columbia Heights by 5:00 p.m., Central Daylight Time, on the date which is seven (7) calendar days following the date of this order, taking with them all personal property owned by them, and located therein and vacating said premises totally and forever in accordance with the Orders of this Court in this matter. 2. On or after 5:00 p.m., Central Daylight Time, on the date which is seven (7) calendar days following the date of this order, upon the ex parte Affidavit of counsel for the City of Columbia Heights, which affidavit shall represent that said real estate has not been so vacated, the sheriff of P.I1oka Count<j shall take all lawful actions necessar'j to compel Respondents Y...remer & Davis, Inc., Minneapolis, St. Paul & Sault Ste Marie Railroad Company, nka Soo Line Railroad Company, and all other persons occupying said real estate to deliver possession thereof to the City of Columbia Heights in accordance with the Orders of this Court in this matter. J. ~ . . - .' . - - -' '- " .. . - ,,- - - , ~.' -- - - - ,: - - - , . - ,- -' -- ,,- . ~ : - ; , : - ~ _.,' --. - ;.. " ..i.ll UJ..e '-'\''-'.lJ..t .L-'-~oJf'V.iJ.U~J...H...) ..i.'!l....i.~iL..i.~i ~ v....{Y-'..i.J, ..i...t..i~., l.r..Lul..U"""'~.fn..Jti";, uL .ii:i..iill ~ uailil: 0te Marie Railroad Company, nka Soo Line Railroad Company, or any thereof, or any person claiming under them shall fail to vacate said real estate by 5:00 p.m., Central Daylight Time, on the date RJL-263943vl CLl62-28 2 which is seven (7) calendar days from the date hereof, or otherwise to comply with the Orders of this Court in this matter, judgment shall be entered in favor of the City of Columbia Heights and against Respondent Kremer & Davis, me., for the amount of attorneys fees, costs and disbursements as is shown by affidavit of the attorney for the City of Columbia Heights to have been incurred by the City in obtaining and enforcing this order to compel delivery of possession of said real estate. Dated: June ~ 2005. BY THE COURT: Judge of District Court RJL-263943vl CL162-28 3 FIRST AMENDED EXIllBIT A LEGAL DESCRIPTION OF REAL ESTATE TO BE ACQUIRED PARCEL H (Torrens Certificates No. 70385 and 70386) (PIN No. 35-30-24-43-0045) (627 - 39th Avenue N.E.. Columbia Heights. MN) and (PIN No. 35-30-24-43-0046 (703 - 39th Avenue N.R. Columbia Heights. MN) Legal Description of Property to be Acquired: Lots One (1), Two (2), and Three (3), Block Two (2), all in 2nd 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 Property pursuant to Certificates of Title No. 70385 and 70386. Interests Being Acquired: Name Nature of Interest Kremer & Davis, Inc., a Minnesota corporation Fee Owner Minneapolis, St. Paul & Sault Ste Marie Easement dated November 27, 1953 and Railroad Company, nka Soo Line Railroad filed January 21, 1954 in the office of the Company, a Minnesota corporation Registrar of Titles as Document No. 15308 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 RJL-263943vl CLl62-28