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Home My WebLink AboutContract 1837 CITY OF COLUMBIA HEIGHTS DA TE: MAY 31, 2005 TO: PATTY MUSCOVITZ DEPUTY CITY CLERK /b/~ WILLIAM ELRITEJz/'fIV CITY CLERK FROM: RE: NOTICE OF MOTION TO DISBURSE FUNDS Attached are several documents from L.D. Martin & Associates, Ltd. 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 050531 1 ADM Attachments: L.D. Martin & Associates Letter dated May 24, 2005 Court Files No. C5-05-1679 c: Bob Streetar, Community Development Director '. ~'.. . . STATE OF MINNESOTA COUNTY OF ANOKA DISTRICT COURT TENTH JUDICIAL DISTRICT City of Columbia Heights, a Minnesota municipal corporation, Case Type: CONDEMNATION File No.: C7-05-1679 Petitioner, vs. ORDER DIRECTING PAY OUT OF DEPOSIT AS TO PARCEL G. Greif Bros. Cooperage Corporation, nka Greif, Inc., a Delaware Corporation; et al. Respondent. On June _,2005, the above matter came before the undersigned Judge of District Court regarding the motion of Respondents' (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; SteelTech, Inc., a Minnesota Corporation) for an order directing payout of the deposit ("Quick Take Deposit") paid into district court for the benefit of Respondents for the taking of the property identified as Parcel G in this proceedings. The following appearances were made: 1. Larry D. Martin, Esq. on behalf of Respondents Daro J. Smith and Rita A. Smith, Trustees, or their successors in trust under the DRS Living Trust dated March 22, 2001, and any anlendments thereto; Scott A. Smith; SteelTech, Inc., a Mimlesota Corporation. 2. No other appearances. After giving due consideration to the pleadings, files and record herein; and, after considering arguments of counsel, it is hereby ordered that: 1. The district court administrator shall payout from the deposit, made on behalf of the parties that have an interest in Parcel G of the proceedings herein as allocated in the following Table: Table One - Allocation of Deposit Respondent Amount 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; SteelTech, Inc., a MiImesota Corporation. All other parties name within the Petition as having, or possibly having, an interest in Parcel G. Full amount of deposit for Parcel G, including interest, if any. None. Date: 2. The payment to Respondents 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; SteelTech, Inc., a Minnesota Corporation shall be mailed to their attorney Larry D. Martin, L. D. Martin and Associates, Ltd., 2707 Spy Glass Drive, Chaska, MN 55318-1181. By: Judge of District Court 2 L. D. MARTIN & ASSOCIATES, LTD. LA W OFFICE t) NOTICE OF MOTION TO DISBURSE FUNDS May 24, 2005 Sent via U.S. Mail Re: Matter: File Number: Issue: Propeliy: City of Columbia Heights v. Greif Bros. Cooperage, et al C7-05-1679 Filing of Motion to Pay Out Deposit Parcel G To: Parties Identified on Attached Service List identified as having an interest in Parcel G including the City of Columbia Heights, County of Anoka, and Robert LindaU, Esq., Attorney for Petitioner. Enclosed and served upon you by u.s. Mail please find the following documents related to the above referenced motion to payout the "Quick Take Deposit" with regard to the above referenced Parcel: 1. Notice of Motion 2. Motion 3. Affidavit of Respondent 4. Memorandum of Authorities 5. Proposed Order Please call with any questions related to this filing. Thank you for your attention to this matter. Enclosures Copy: Robert Lindall, Esq. Service List Related to Parcel G 2707 Spy GLASS DRIVE CHASKA. MINNESOTA 5531 R OFFICE: 952.R51i.5511 I martin2 707 ({{'l1otmai I. com FAX: 952.44R.4691 SERVICE LIST CL205-25 p ARCELS E~ };" G and II Last Updated: March 23~ 2005 Parcel No. ~ City of ColUl -- AU c/o City Cler 590 - 40th A Cohunbia He All Anoka Coun c/o Chair Calmty Boar 2 1 00 111ird 1- - Anoka, JYIN E Greif Bros. C nka Greif, In a Delaware c C1' Corporati 405 Second I Minneapolis, and Greif Bros. C nka Greif, In a Delaware c c/o Robert A Viet; Presidel 425 Winter r Delaware, 0 E Greif COIlta' a Delaware c c/o Robert A. Vice Pre sider 425 Winter Delaware, 0 E Minneapolis, Sault Ste. Me nka SooLine a lvIinnesota 50 I Marquett Milmeapolis, L--_______ IUL-1593<J6vl CL205-25 -- Interested l)arty and Address nbia Heights k venue N.E. i hts, MN 55421-3835 ty d of Commissioners \.venue 55303 ----.. ooperage Corporation, C., orporation on System, Inc. Avenue South :MN 55401 ooperage Corporation, C., orporation Y Olmg 1t --.I '-Vall H 43015 mers, Inc., orporation Y OlUlg it Road H 43015 St. Paul and rrie Railroad Company Railroad Company, corporation e Avenue #800 MN 55402 Parcel No. F F ;------- F 1------- F ---.-- F RJL-259396v I CL205-25 Interested Party and Address Buckles & BuckLes,LLC, a IVlinnesota limited liability company c/o Robin Buckles, Vice President 620 - 39th Avenue N.E. Columbia Heights,~:Q:f 55421 MidA..merica Bank by merger, nka ""VeIls Fargo Bank, NationaL Association c/o Legal Department 80 South 8th Street M.innea olis, J\ilN 55402 United States Attorney District of Minnesota 600 U.S. Courthouse 300 South Fourth Street M.inneapolis, MN 55415 and Aitomey General ofthe United States 950 Pennsylvania Avenue N.\V. Washington, D.C. 20530 (by certified mail, return receipt requested) and United States Small Business Administration Mimlcapolis District Office 6 I O..C Butler Square 100 North Sixth Street M:inneapolis, MN 55403 (by certified mail, return receipt requested) Central Minnesota Development Company, a Minnesota non-profit corporation c/o Executive Director 277 Coon Rapids Boulevard NW Suite 212 Coon Ra ids, MN 55433 I. Region Tl1lck-Equipment, Tnc., a Minnesota corporation c/o Robin Buckles, Vice President 620 - 39th Avenue N.E. Columbia Heights, MN 55421 ----, Parcel No. Interested Party and Address G G LaITY D. Martin, Esg. L.D.Martin & Associates, Ltd. Law Office 2707 Spy Glass Drive Chaska, MN 55318-1181 ATTORNEY FOR DARO J. SJVUTH AND RITA A. SMITH1 TRUSTEES, UNDER TIm DRS LIVING TRUST ANI) SCOTT A. SMITH --------- Dam J. Smith and Rita A. Smith, Trustees, under the DRS LIVING TRUST dated March 22, 200 I 2624 Breakers Creek Drive _____ Las Vegas. NV 89106 G I Scott A. Smith 450 - 38th Avenue N.E. Columbia Heights, MN 55421 and Scott A. Smith 3747 N.E. Main Street Columbia Heights, ~~ 55421 Spouse of Scott A. Smith, if any 3747 N.E. Main Street Columbia Heights, .MN 55421 StcelTech, Inc. 450 -- 38th Avenue N.E. Columbia Hcights,MN 55421 Florence V. Pearson G G G ------- G Spouse of Florence V. Pearson, ifany G Soo Line Railroad Company 501 Marquette Avenue #800 ___._._........._......_..Jylinncapolis, MN 55402 H James M. Neilson, Esq. Babcock Neilson, .Mannella & Klint, PLLP 118 E. Main Street Anoka, MN 55303-2473 REPRESENTS KREl\~ER & DAVIS, INC. _____________ 1Kremer & Davis, Inc. a Minnesota corporation P.O. Box 21097 , Columbia Heights, tvIN 5542] -------_._.l..-.~...... - _____...._... H RJL-'259396vl (1105.25 STATE OF MINNESOTA COUNTY OF ANOKA DISTRICT COURT TENTH JUDICIAL DISTRICT City of Columbia Heights, a Milmesota municipal corporation, Case Type: CONDEMNA nON File No.: C7-05-1679 Petitioner, vs. NOTICE OF MOTION PAY OUT "QUICK TAKE" DEPOSIT FOR PARCEL G. Greif Bros. Cooperage Corporation, nka Greif, Inc., a Delaware Corporation; et al. Respondent. TO: The Parties identified in the service list filed by Petitioner in the instant proceedings as having an interest in Parcel G and the above named Court. Notice is hereby given that on the 13th day of June, 2005, at 9:00 a.m., or as soon thereafter that counsel can be heard, oral arguments related to Respondents, Daro J. Smith and Rita A. Smith, Trustees, or their successors in trust under the DRS Living Trust dated March 22, 200!' and any amendments thereto; Scott A. Smith; SteelTech, Inc., a Minnesota Corporation, motion to disburse the amount deposited with the Court on behalf of Parcel G in the above named condemnation proceedings shall be heard before the Presiding Judge of District Court, Anoka County COUlihouse, 325 East Main 55303-2489. rry 'Marti "(220553) L. D. MaIiin and Associates, Ltd. Attorney for Petitioner 2707 Spy Glass Drive Chaska, Minnesota 55318 952.856.5511 Date: STATE OF MINNESOTA COUNTY OF ANOKA DISTRICT COURT TENTH JUDICIAL DISTRICT City of Columbia Heights, a Minnesota municipal corporation, Case Type: CONDEMNATION File No.: C7-05-1679 Petitioner, vs. MOTION TO PAY OUT "QUICK TAKE" DEPOSIT FOR PARCEL G. Greif Bros. Cooperage Corporation, nka Greif, Inc., a Delaware Corporation; et al. ,) ,) Respondent. . :;. ~ ; [ i~~j TO: The Parties identified in the service list filed by Petitioner in the instant proceedings as having an interest in Parcel G and the above named Court. Respondents, 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; SteelTech, Inc., a Minnesota Corporation, by and tlu'ough there attorney below hereby request an order of the comi as follows: Motion: Respondents request an order directing the court administrator to payout the "quick take" deposit made on behalf of Parcel G in the instant proceedings. Authority: Minnesota Statute 117.042 and petitioner's memorandum of authorities. Facts: Affidavit of Scott A. Smith and a *and records of the proceedings h Date: 2 tJ,- By: I L yD. Martin (220553) L. D. Martin and Associates, Ltd. Attorney for Petitioner 2707 Spy Glass Drive Chaska, Minnesota 55318 952.856.5511 STATE OF MINNESOTA COUNTY OF ANOKA DISTRICT COURT TENTJi}UDICIAL DISTRICT ~ " ( ...~\ City of Columbia Heights, a Minnesota municipal corporation, Case Type: CONDEMNATION File No.: C7-05-1679 Petitioner, vs. AFFIDAVIT OF SCOTT A. SMITH IN SUPPORT OF MOTION TO PAY OUT "QUICK TAKE" DEPOSIT FOR PARCEL G. Greif Bros. Cooperage Corporation, nka Greif, Inc., a Delaware Corporation; et al. Respondent. Scott A. Smith, after being duly sworn on oath deposes and states as follows: 1. I am Scott A. Smith and my address is 3747 N.E. Main Street, Columbia Heights, MN 55421. I am one of the fee owners identified by the Petitioner as having an interest in Parcel G ('"Subject Property") as described in the Petition of the proceedings herein and on the attached Exhibit A. I am also the sole shareholder of SteeITech, Inc., a tenant ofthe Subject Property. I am competent to testify regarding the matters stated herein. 2. I am familiar with the state of the title of the Subject Property and Daro 1. 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; and, r1 11"T"1 1 T 1\ If' n . 1- 1 . ~ t.. . ~teel1ecn, me., a Iv'llnnesota \...,oll1oratwil, are tue SOle parties tuat Have an mterest in the Subject Property and the deposit e<Quick Take Deposit") paid into court on behalf of the owners of the Subject Property. 3. All other interests and parties named in the Petition as having an interest in the Subject Property are either erroneous assertions or have been eliminated as follows: a. Spouse of Scott A. Smith, ifanv (Possible Holder of an Interest). I am a single person and therefore the assertion ofthe Spouse of Scott A. Smith as a Possible Holder of an Interest is an erroneous assertion. b. Florence V. Pearson {Possible Holder of an Interest pursuant to Warranty Deed dated October 9, 1963, filed October 1 L 1967, as Document No. 302382); and, Spouse of Florence V. Pearson, if any, (Possible Holder of an Interest). Florence V. Pearson is a former owner ofthe Subject Property. Florence took title to the Subject Property along with Einar Pearson as joint tenants in October of 1967 (Doc. No. 302382). Florence V. Pearson predeceased Einar Pearson in 1970. The Subject Property was purchased by your affiant along with the other moving parties on May 23, 1989 by contract for deed. The personal representative of Einar Pearson conveyed the Subject Property to the heirs of Einar Pearson on August 2, 1989 (Doc. No. 860873). A Warranty Deed was issued transferring ownership to your affiant along with the other moving parties on July 10, 1996, (1229310 and 1229311). Florence V. Pearson, and spouse, if any, have no interest in the Subject Property or the Quick Take Deposit. c. Soo Line Railroad Company, a Minnesota corporation, dba Canadian Pacific Railway (Possible Holder of an Interest). The Soo Line Railroad Company ("Railroad") interest in the Subject Property was limited to a spur line providing dead end rail service to individual properties. The rail spur was discontinued outside of these proceedings, the track was removed and/or abandoned approximately three years ago; accordingly, the Railroad does not have an interest in the Subject Property or the Quick Take Deposit. d. Anoka County Real Estate Taxes. Pursuant to the agreement of the Parties, the balance ofthe 2005 real property tax associated with the Subject Property, if any, must be paid out of the Quick Take Deposit. The agreement provides that Respondent may make a claim for reimbursement of the real estate tax to the commissioners appointed in the instant matter. The total tax for payable 2005 on the Subject Property is $3,874.69. This amount was paid in full on April 29, 2005. Accordingly, there is no tax to deduct from the Quick Take Deposit. e. City of Columbia Heights Special Assessments. In the Stipulation of Partial Settlement related to Parcel G, on file herein, the City of Columbia Heights agreed that there are no Special Assessments that present a lien against the Subject Property or the Quick Take Deposit. 2 f. All other parties unknown. together with unknown heirs or devisees and spouses, if any. Anv right. title or interest in the Subiect Property. No other party has appeared as having an interest in the Subject Property or the Quick Take Deposit. FURTHER YOUR AFFIANT SA YETH NOT. Date: 5' /1 r I;)-va j ~~ --, =:> Scott A. Smith If- Subscribed and sworn to before me this ~ day of May, 2005. ~J ~~ Notary Notary Stamp Above :1 EXHIBIT A LEGAL DESCRIPTION OF REAL ESTATE TO BE ACQUIRED PARCEL G (Abstract) (PIN No. 35-30-24-34-0002) (450 - 38th Avenue N.E.) Property Address: 450 - 38th Avenue NE, Columbia Heights, Minnesota 55421. Legal Description ofPropertv 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 LIVING 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 SteelTech, Inc. a Minnesota corporation Tenant 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 other parties unknown, together with Any right, title or interest in the Subject unknown heirs or devisees and spouses, if any Property 4 STATE OF MINNESOTA COUNTY OF ANOKA DISTRICT COURT TENTH JUDICIAL DISTRICT City of Columbia Heights, a Mim1esota municipal corporation, Case Type: CONDEMNA nON File No.: C7-05-1679 Petitioner, vs. MEMORANDUM OF LAW IN SUPPORT OF MOTION TO PAY OUT "QUICK TAKE" DEPOSIT FOR PARCEL G. Greif Bros. Cooperage Corporation, nka Greif, Inc., a Delaware Corporation; et al. Respondent. Respondents, Daro 1. Smith and Rita A. Smith, Trustees, or their successors in trust under the DRS Living Trust dated March 22,2001, and any amendments thereto; and, Scott A. Smith, are the fee owners ("Fee Owners") of the property identified as Parcel G ("Subject Property") in the instant proceedings and on the attached Exhibit A. SteelTech, Inc., a Minnesota Corporation is a tenant. The Subject Property is taken by Petitioner City for a public project. Pursuant to order of this court, Petitioner is authorized to deposit with Court Administration the amount of Petitioner's approved appraised value and take title to the Subject Property (said deposit is hereinafter referred to as "Quick Take Deposit") on June 1,2005. Minnesota law provides: Whenever the petitioner shall require title and possession of all or pmi of the owner's property prior to the filing of an award by the court appointed commissioners, the petitioner shall, at least 90 days prior to the date on which possession is to be taken, notify the owner of the intent to possess by notice served by certified mail and before taking title and possession shall pay to the owner or deposit with the court an amount equal to petitioner's approved appraisal of value. Amounts deposited with the court shall be paid out under the direction of the court. If it is deemed necessary to deposit the above amount with the court the petitioner may apply to the court for an order transfelTing title and possession of the property or properties involved from the owner to the petitioner. MilU1. Stat. 9 117.042 (emphasis added). Pursuant to stipulation between the parties, Petitioner is entitled to deposit the Quick Take Deposit on June 1,2005. The Fee Owners of the Subject Property are entitled to an order directing the Court Administrator to payout the Quick Take Deposit to them directly. The petition in the instant proceeding identified a number of interested parties in the Subject Property as identified on the Attached Exhibit A. However. as evidenced by the affidavit of Respondent, Scott A. Smith, one of the Fee Owners in the Subject Property, all interests of all parties named by the Petitioner, other than the Fee Owners and SteelTech, Inc., have been satisfied. Accordingly, the Fee Owners and SteelTech, Inc., are entitled to an order directing payout of the Quick Take Deposit to them directly. Date: By: y arti (2_ 553) . D. Martin and Associates, Ltd. Attorney for Petitioner 2707 Spy Glass Drive Chaska, Minnesota 55318 952.856.5511 612.810.2905 2 EXHIBIT A LEGAL DESCRIPTION OF REAL ESTATE TO BE ACQUIRED PARCEL G (Abstract) (PIN No. 35-30-24-34-0002) (450 - 38th 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 Fee Owner of an wldivided one-half (1/2) their successors in trust under the DRS LIVING 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 SteelTech, Inc. a Minnesota corporation Tenant Florence V. Pearson Possible Holder of an Interest (pursuant to Warranty Deed dated October 9, 1963, filed October 11, 1967, as Docwnent 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 other parties unknown, together with Any right, title or interest in the Subject unknown heirs or devisees and spouses, if any Property ,.., .J