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HomeMy WebLinkAboutContract 1848 CITY OF COLUMBIA HEIGHTS DATE: MARCH 29, 2005 TO: PATTY MUSCOVITZ DEPUTY CITY CLERK /J/IA"---- WILLIAM ELRITE vJ r"' CITY CLERK FROM: RE: INDUSTRIAL PARK LEGAL DOCUMENTS 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 0503291ADM Attachments: Kennedy & Graven Letter Dated March 24, 2005 Tenth Judicial District Court File No. C7-05-1679 Pages 1-9 and 1-2 c: Bob Streetar, Community Development Director WE:sms 04081 1 1 ADM Attachment Kennedy C H ART ERE 0 470 U.S. Bank Plaza 200 South Sixth Stteet Minneapolis, MN 55402 (612) 337-9300 telephone (612) 337-9310 fax http://www.kennedy-gtaven.com Graven ROBERT J. LINDALL Attorney at Law Direct Dial (612) 337-9219 . u u u . u un .... . .nuu MSBKBoafdCellified'Real'PtopenyLawSpectalisr March 24, 2005 Larry D. Martin, Esq. L.D. Martin & Associates 2707 Spy Glass Drive Chaska, MN 55318 James M. Neilson Babcock Neilson Malmella & Klint PLLP 118 East Main Street Anoka,MN 55303 And All Other mterested Parties on the Attached Service List RE: City of Columbia Heights v. Greif Bros. Cooperage Corporation, nka Greif, Inc.et al. Anoka County District Court File No. C7-05-1679; Huset Park Redevelopment Parcel G - 450 - 38th Avenue NE, Columbia Heights, MN Dear Counsel alld All Other hlterested Parties on the Attached Service List Enclosed herewith and hereby served upon you by mail in the above captioned matter are copies of the following: 1. Second Amended Petition and Motion for Transfer of Title alld Possession (with respect to the interest of Respondent SteelTech, mc., named as to Parcel G); alld 2. Second Amended Notice of Hearing (with respect to the interest of Respondent SteelTech, hlC., named as to Parcel G). ~i' C" (.) f.,;l \..,i cc: Randy Schumacher (w/o encs.) EVall Rice (w/encs.) Steve Bubul (w/o encs.) RJL-26083I vI CL205-25 SERVICE LIST CL205-25 PARCELS E, F, G and H Last Updated: March 23, 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 c/o Chair County Board of Commissioners 2100 Third Avenue Anoka,MN 55303 E Greif Bros. Cooperage Corporation, nka Greif, Inc., a Delaware corporation CT Corporation System, Inc. 405 Second A venue South Minneapolis, MN 55401 and Greif Bros. Cooperage Corporation, nka Greif, Inc., a Delaware corporation c/o Robert A. Young Vice President 425 Winter Road Delaware,OH 43015 E Greif Containers, Inc., a Delaware corporation c/o RobertA. Young Vice President 425 Winter Road Delaware,OH 43015 E Minneapolis, St. Paul and Sault Ste. Marie Railroad Company nka Soo Line Railroad Company, a Minnesota corporation 501 Marquette Avenue #800 Minneapolis, MN 55402 RJL-259396vl CL205-25 Parcel No. Interested Party and Address F Buckles & Buckles, LLC, a Minnesota limited liability company c/o Robin Buckles, Vice President 620 - 39th Avenue N.E. Columbia Heights, MN 55421 F MidAmerica Bank by merger, nka Wells Fargo Bank, National Association c/o Legal Department 80 South 8th Street Minneapolis, MN 55402 F United States Attorney District of Minnesota 600 U.S. Courthouse 300 South Fourth Street Minneapolis, MN 55415 and Attorney General of the United States 950 Pennsylvania Avenue N.W. Washington, D.C. 20530 (by certified mail, return receipt requested) and United States Small Business Administration Minneapolis District Office 610-C Butler Square 100 North Sixth Street Minneapolis, MN 55403 (by certified mail, return receipt requested) F Central Minnesota Development Company, a Minnesota non-profit corporation c/o Executive Director 277 Coon Rapids Boulevard NW Suite 212 Coon Rapids, MN 55433 F Region Truck-Equipment, Inc., a Minnesota corporation c/o Robin Buckles, Vice President 620 - 39th Avenue N.E. Columbia Heights, MN 55421 RJL-259396vl CL205-25 Parcel No. Interested Party and Address G Larry D. Martin, Esq. L.D. Martin & Associates, Ltd. Law Office 2707 Spy Glass Drive Chaska, MN 55318-1181 ATTORNEY FOR DARO J. SMITH AND RITA A. SMITH, TRUSTEES, UNDER THE DRS LIVING TRUST AND SCOTT A. SMITH G Daro J. Smith and Rita A. Smith, Trustees, under the DRS LIVING TRUST dated March 22, 2001 2624 Breakers Creek Drive Las Vegas, NV 89106 G Scott A. Smith 450 - 38th Avenue N.E. Columbia Heights, MN 55421 and Scott A. Smith 3747 N.E. Main Street Columbia Heights, MN 55421 G Spouse of Scott A. Smith, if any 3747 N.E. Main Street Columbia Heights, MN 55421 G SteelTech, Inc. 450 - 38th Avenue N.E. Columbia Heights, MN 55421 G Florence V. Pearson G Spouse of Florence V. Pearson, if any G Soo Line Railroad Company 501 Marquette Avenue #800 Minneapolis, MN 55402 H James M. Neilson, Esq. Babcock Neilson, Mannella & Klint, PLLP 118 E. Main Street Anoka,MN 55303-2473 REPRESENTS KREMER & DAVIS, INC. H Kremer & Davis, Inc. a Minnesota corporation P.O. Box 21097 Columbia Heights, MN 55421 RJL-259396vl CL205-25 STATE OF MINNESOTA COUNTY OF ANOKA -------------------------------------------------------------------- City of Columbia Heights, a Minnesota municipal corporation, Petitioner, Ys. Greif Bros. Cooperage Corporation, nka Greif, Inc., a Delaware corporation; Greif Containers, Inc., a Delaware corporation; Minneapolis, St. Paul and Sault Ste. Marie Railroad Company, nka Soo Line Railroad Company, a Minnesota corporation; Buckles & Buckles, LLC, a Minnesota limited liability company; MidAmerica Bank:, by merger, nka Wells Fargo Bank:, National Association; United States Small Business Administration; Central Minnesota Development Company, a Minnesota non-profit corporation; Region Truck-Equipment, Inc., a Minnesota corporation; Daro J. Smith and Rita A. Smith, Trustees, or their successors in trust under the DRS LIVING TRUST dated March 22, 2001, and any amendments thereto; Scott A. Smith; Spouse of Scott A. Smith, if any; 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 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. F 3. .24-0.5 Case Type: Condemnation DISTRICT COURT TENTH JUDICIAL DISTRICT File No. C7-05-1679 SECOND AMENDED PETITION & MOTION FOR AN ORDER AUTHORIZING TRANSFER OF TITLE AND POSSESSION PURSUANT TO MINN. STAT. ~ 117.042 PARCELS E, F, G and H ------------------------------------------------------------------------ RlL-260780vl CL205-25 1 TO THE ABOVE-NAMED COURT: Petitioner respectfully represents and alleges as follows: 1. Petitioner is a municipal corporation duly organized and existing under the laws of the State of Minnesota. 2. Petitioner is charged with the responsibility for making public improvements within its boundaries. 3. Petitioner seeks to acquire the real estate which is identified as Parcels E, F, G and H and which is legally described in the attached Second Amended Exhibit A (collectively, "Subject Property") for road improvement, redevelopment, and other public purposes. The construction of a parkway from Jefferson Street N.E. to 37th Street N.E. ("Parkway") for the purpose of enhancing and facilitating the safe and efficient movement of vehicles and pedestrians in that area of the City and the redevelopment of the Subject Property and other properties in accordance with a plan approved by Petitioner and the Columbia Heights Economic Development Authority, a public body corporate and politic ("EDA") together comprise the Project ("Project"). 4. Petitioner and the EDA have entered into a Contract for Private Redevelopment with Ruset Park D~velopment Corporation, ("Redeveloper") which is dated as of October 25, 2004, (revised December 10, 2004) under which City has agreed to construct the Parkway and Redeveloper has agreed to construct on the Phase I Property approximately 179 units of owner occupied townhomes, condominiums or cooperative housing units, and approximately 11,650 square of commercial facilities (together "Phase I"), and to construct on the Phase II Property approximately 120 units of owner-occupied townhomes ("Phase II") and to construct on the Phase III Property approximately 256 owner-occupied condominium or cooperative housing units ("Phase III"). Portions of Parcels E, F and G are required for construction ofthe Parkway and the remainder RJL-26078Ovl CL205-25 2 of each of said.parcels will be conveyed by the City to the EDA for redevelopment consistent with the Contract for Private Redevelopment. Parcel H is also required for construction of the Parkway. 5. Petitioner has found it necessary and for a public purpose to acquire said real estate for the Project and improvements related thereto. 6. On January 24, 2005, Petitioner, by resolution of its governing body, Resolution No. 2005-05, authorized the acquisition of Parcels E, F and G in the attached Second Amended Exhibit A by eminent domain proceedings. On February 28, 2005, Petitioner, by resolution of its governing body, authorized acquisition of Parcel H in the attached Second Amended Exhibit A by eminent domain proceedings. 7. On February 15, 2005, the Board of Commissioners of the EDA by its Resolution No. 2005-03 authorized the acquisition of the Subject Property by eminent domain proceedings to enable redevelopment of those portions thereof which are not required for construction of the Parkway in accordance with the provisions of the Contract for Private Redevelopment and to remove blight and implement the redevelopment plan adopted by the EDA pursuant to the provisions of the Downtown CBD Revitalization Plan for the CBD Redevelopment Project. The EDA resolution contemplates that the City will commence eminent domain proceedings on behalf of both the City and EDA and convey the portions of the Subject Property not required for road purposes to the EDA for said redevelopment. 8. The real estate is taken subject to public utilities and public easements, if and as applicable unless otherwise specified. 9. The real estate to be acquired for the Project through this proceeding is located within the City of Columbia Heights, Anoka County, Minnesota. RJL-260780vl CL205-25 3 10. The legal descriptions of the real estate to be acquired herein, and the names of those appearing of record or known to Petitioner to be the owners of the lands to be acquired, including all whom Petitioner has, by investigation and inquiry, been able to discover, together with the nature of the ownership interest held by each party in each Parcel of real estate as can be ascertained, are set forth as shown on the attached Second Amended Exhibit A, which is made a part hereof as though fully set out at this point. 11. The listing of the nature of each such interest on Second Amended Exhibit A is for informational purposes only and is not intended to limit the right, title, estate, lien or interest of the parties named therein that the Petitioner is acquiring in the Subject Property. Without limitation, the Petitioner's intention is to acquire all of the rights, title, interests, and possession which the persons and entities named in Second Amended Exhibit A may have in the Subject Property, including but not limited to the interests described in said Second Amended Exhibit A. 12. To the best of Petitioner's information and belief none of said real estate is in actual public use. 13. Environmental investigation is necessary on the Subject Property, and has not yet been completed. The scope and extent of any remediation which may be required is not yet known. The total costs of investigation and any required remediation are also not yet known. 14. Petitioner requests that, pursuant to the requirements of Minn. Stat. ~ 117.085, the Court direct and instruct the Commissioners to be appointed herein to determine the damages caused by the taking to make express fIndings of the estimated cost of removal and remedial actions that will be necessary on the Subject Property because of existing environmental contamination. 15. Petitioner further requests that at least one ofthe Commissioners to be appointed be knowledgeable in estimating the cost of removal and remedial actions as defIned in Minn. Stat. ~ RJL-260780vl CL205-25 4 117.085, 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. 16. 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. ~ 115B.Ol, et seq. (MERLA), or 42 U.S.C ~ 9601, et seq. (CERCLA), or similar laws as they presently exist or are subsequently amended, and seeks an Order from the Court expressly preserving said rights. 17. Petitioner also expressly reserves its 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, all other past or future costs, losses, damages, other injuries, attorneys' fees, and all other costs and damages, whether known or unknown, resulting from the presence of pollutants, contaminants, or hazardous substances on, underneath, or near the Subject Property, including, but not limited to, the soils, subsurface areas, surface waters, ground water, and air, and seeks an Order from the Court expressly preserving said rights. RJL-26078OvI CL205-25 5 18. Petitioner requires all rights, title, interest and possession of Parcels E, F and G as of May 20,2005, and of Parcel H as of June 1,2005. 19. Before commencing this proceeding, Petitioner obtained an appraisal for each of the parcels described in Second Amended Exhibit A. Upon information and belief, in making each of said appraisals, the appraiser either conferred with one or more of the owners of the parcel being appraised, or the owners' representatives, or attempted to do so. At least 20 days before presenting this petition to the above Court, the Petitioner provided a copy of the appraisal to the owner of each of said parcels and informed the owners of the owners' right to obtain an appraisal under Minn. Stat. ~ 117.036, Subd.2. Before commencing this proceeding, the Petitioner made a good faith effort to acquire each of said parcels by negotiation instead of eminent domain, giving consideration to the appraisals in its possession and other information relevant to its value. WHEREFORE, Petitioner prays for the order ofthis 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 Second Amended Exhibit A in fee simple absolute, as against all persons or entities named in said Second Amended Exhibit A and against all persons or entities unknown claiming any right, title, estate, lien or interest in the Subject Property; 2. Adjudging that said taking is for a public purpose, is necessary, and such as is authorized by law and that Petitioner may acquire by condemnation the real estate described in Second Amended Exhibit A attached hereto as against all persons named in said Second Amended Exhibit A; 3. That pursuant to Minn. Stat. ~ 117.075, the court: (a) appoint three disinterested commissioners, and at least two alternates, who are residents of the State of Minnesota and knowledgeable about the value of real estate, to ascertain and report the amount of damages that RJL-260780vl CL205-25 6 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 defmed 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; 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 find that Petitioner has reserved its rights (in a separate legal action as justice may require), to the extent allowed by law, against all potential responsible parties, specifically including, but not limited to, any or all of the Respondents herein, to recover from, be defended by, be indemnified from and be held harmless from (in addition to the estimated costs of removal and the estimated costs of remedial actions recognized and provided for pursuant to Minn. Stat. ~ 117.085), past and future costs, losses, damages, other injuries, attorneys' fees, and all other costs, whether known or unknown, relating to environmental investigation and remediation, including any costs of removal or remediation actions, or other costs of response, under Minn. Stat. ~ 115B.Ol, et seq. (MERLA), or 42 U.S.C. ~ 9601, et seq. (CERCLA), or similar laws as they presently exist or are subsequently amended; RJL-260780vl CL205-25 7 6. That the Court find 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 the presence of pollutants, contaminants, or hazardous substances on, underneath, or near the Subject Property, including, but not limited to, the soils, subsurface areas, surface waters, ground water and air; 7. That in all such cases where, for any reason, it shall be doubtful to whom the award shall be paid, the payment be made to the Administrator of such Court to be paid out under the direction of the Court; 8. Appointing three disinterested comrmSSIOners, and at least two alternates, to ascertain and report the amount of damages that will be sustained by the several owners on account of the takings; fixing the time and place of the first meeting of the three commissioners; prescribing their compensation; directing the commissioners to determine the amount of damage caused by the taking in each case; and requiring the commissioners to file their report with the Administrator of District Court within 270 days from the date of the order appointing the commissioners unless said time be further extended by order of the Court; 9. Requiring that the Commissioners shall consist of residents of the State of Minnesota who are respectively: a) a licensed real estate person actively engaged in real estate sales; b) a certified federal general real property appraiser who holds a current, valid license under Minn. Stat. Ch. 82B; RJL-26078Ov 1 CL205-25 ' 8 c) a registered attorney knowledgeable in eminent domain matters (but, in no event shall more than one attorney serve as a commissioner on any panel); 10. Ordering and fixing the time and place of the first meeting of such Commissioners and prescribing their compensation; 11. Approving the transfer of fee simple absolute title and possession to Petitioner of Parcels E, F and G on or after May 20, 2005, and Parcel H on June 1, 2005, upon the payment to the owners of the applicable property or deposit with the District Court Administrator of the Petitioner's approved appraisal value of damages pursuant to Minn. Stat. 9 117.042 for the real estate being acquired; 12. Notwithstanding the foregoing, Petitioner seeks to acquire possession of Parcel G as respects the interest of Respondent SteelTech, Inc. effective as of June 22,2005; 13. For such other and further relief as the Court may determine to be fair and equitable and pursuant to law. Dated: March 23, 2005. By: RED Robert J. Lindall ( John M. LeFevre, . (61852) Bryan D. Shirley (312964) 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9219 ATTORNEYS FOR PETITIONER RJL-260780vl CL205-25 9 SECOND AMENDED EXHIBIT A LEGAL DESCRIPTION OF REAL ESTATE TO BE ACQUIRED PARCEL E (Abstract) (Parcel One): (pm 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: Parcell That part of Lot 5, Auditor's Subdivision No. 50, Anoka County, Minnesota, beginning at the southwest comer of Lot 4 in said subdivision; thence East along the line dividing said Lots 4 and 5 a distance of eighty-six and five tenths (86.5) feet to an angle point in said line; thence North along the line dividing said Lots 4 and 5, a distance of four and thirty- five hundredths (4.35) feet to the actual point of beginning of the tract of land to be described; thence continuing North along said dividing line one hundred thirteen and eighty-three hundredths (113.83) feet to an angle point in said line; thence Easterly along the dividing line between said Lots 4 and 5 a distance of one hundred seventy-two and eight tenths (172.8) feet to the east line of said Lot 4; thence South along the extension of the east line of said Lot 4 a distance of two and four tenths (2.4) feet; thence Southwesterly along a curved line, convex to the northwest, with a radius of seventeen hundred thirty and twenty-five hundredths (1,730.25) feet and running parallel with and eleven and five tenths (11.5) feet Northwesterly of the center line of a spur track running through said Lot 5, to the actual point ofbegilming. Together with vacated and to be vacated streets and alleys accruing thereto upon vacation and appurtenant easements, if any. According to the map or plat thereof on file and of record in the office of the County Recorder for Anoka County, Minnesota. Parcel 2 Lots 7, 8, 9, 10, 11, 12, 13, 14 and 15 in Block 90 in Columbia Heights Annex to Minneapolis; also the following described portion of Block "G" said Columbia Heights Annex to Minneapolis: Commencing at the southwest comer of said Block "G", running thence north along the line between said Block "G" and the above mentioned Block 90,360 feet to the northeast comer of said Lot 7 in said Block 90; running thence east parallel with the south line of RJL-260780vl CL205-25 A-I said Block "G" 279.9 feet to a point 50 feet westerly at right angles from the center of the railroad track operated across said Block "G"; thence 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 being the first track east of the tract of land conveyed to said party by said deed of August 2nd, 1909; thence southerly, on a 5 degree curve to the left, along a line parallel with and 6 feet distant westerly from the center of said westerly rail of said railroad track, to the South line of said Block "G"; thence westerly along said south line of said Block "G" to a point 194.4 feet easterly from the southwest comer of said Block "G", said point easterly from said southwest comer of said Block "G" being the southeasterly comer of said tract heretofore under date of August 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 party of the first part and the Arcade Investment Company, a Minnesota corporation, and being the same premises conveyed to the party of the first part by the said The Arcade Investment Company by deed bearing date the 30th day of December, 1909, and recorded on the 21st day of February, 1910, in Book "60", Page 351. All that part of Block "G", Columbia Heights Annex to Minneapolis, described as follows, to-wit: Commencing at a point 86.5 feet easterly from the northeast comer of Lot 7, Block 90 in said Columbia Heights Annex to Minneapolis, and in a line drawn easterly from said northeast comer 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 RJL-260780vl CL205-25 A-2 Block "G", as the same is now laid out and established on the ground; thence deflecting to the right 90 degrees, 16 minutes and 30 seconds and 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 l1ll1ning 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 corner of said Lot 7, Block 90, and in a line drawn from said northeast corner 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 corner 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 corner of Lot 7, Block 90, said Columbia Heights Annex to Minneapolis and in a line drawn from said northeast corner of said Lot 7 and parallel with the south line of said Block "G", said point being also 6 feet westerly, measured at right angles from the center of the westerly rail of the Soo Railway Company's track which crosses said Block "G" farthest to the west; thence west along said line described as drawn easterly from the said northeast corner 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 corner 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 running thence northeasterly 100 feet to a point 6 feet southerly, measured at right angles from the center of the southerly rail of the Thiem Manufacturing Company's spur track which crosses said Block "G", as the same is now laid out and established on the ground, and 47.64 feet westerly, measured at right angles from the center of the westerly rail of said Soo track; thence deflecting to the right 39 RlL-26078Ovl CL205-25 A-3 degrees 57 minutes and running thence northeasterly a distance of 23.04 feet to a point 6 feet southerly, measured at right angles from the center of the southerly rail of said Thiem spur track; thence deflecting to the left 11 degrees 22 minutes and 30 seconds, and running thence northeasterly 65.15 feet to a point 6 feet southerly, measured at right angles from the center of the said southerly rail of said Thiem spur track, and 6 feet westerly, measured at right angles from the center of the westerly rail of the said Soo track; thence deflecting to the right 154 degrees 32 minutes, and running thence southwesterly a distance of 100 feet to a point 6 feet westerly, measured at right angles from the said westerly rail of said Soo track; thence deflecting to the left 4 degrees 40 minutes and running thence southeasterly 100 feet to a point 6 feet westerly, measured at right angles from the said westerly rail of said Soo track; thence deflecting to the left 3 degrees 18 minutes, and 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 an angle point in said line; thence North along the line dividing said Lots 4 and 5, a distance of 4.35 feet to the actual point of beginning of the tract of land to be described; thence continuing North along said dividing line 113.83 feet to an angle point in said line; thence Easterly along the dividing line between said Lots 4 and 5 a distance of 172.8 feet to the East line of said Lot 4; thence South along the extension of the East line of said Lot 4 a distance of 2.4 feet; thence Southwesterly along a curved line, convex to the Northwest, with a radius of 1730.25 feet, and 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 of beginning. Together with vacated and to be vacated streets and alleys accruing thereto upon vacation and appurtenant easements, if any. According to the map or plat thereof on file and of record in the office of the County Recorder in and for Anoka County, Minnesota. Interests Being Acquired: Name Nature ofInterest Greif Bros. Cooperage Corporation, a Minnesota Fee Owner corporation (parcel 1) Greif Containers, Inc., a Delaware corporation (Parcel 2) Minneapolis, S1. Paul and Sault Ste. Marie Easement contained III document dated Railroad Company, nka Soo Line Railroad March 19, 1956, filed March 31, 1956 in Company, a Minnesota corporation Book 317, Page 296, as Document No. 171930. Anoka County Real Estate Taxes RJL-260780v I CL205-25 A-4 Name Nature of Interest City of Columbia Heights Special Assessments All other parties unknown, together with Any right, title or interest in the Subject unknown heirs or devisees and spouses, if any Property RJL-26078Ovl 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 ofthe North Y2 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 Anoka County, Minnesota Being Registered Land Pursuant to Certificate of Title No. 81153. (" Interests Being Acquired: Name Nature of Interest Buckles & Buckles, LLC, a Minnesota limited Fee Owner liability company MidAmerica Bank, by merger, Mortgage executed by Buckles & nka Wells Fargo Bank, National Association 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 of the Small Business Administration by Assignment of Mortgage dated July 25, 1996, filed September 20, 1996, as Document No. 286955. RJL-26078Ovl 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 Minnesota Development Company and the Collateral Assignment of Lease and Power of Attorney Agreement United States Small Business Administration executed by Region Truck-Equipment, Inc., a Minnesota corporation, dated July 25, 1996, filed September 20, 1996, as Document No. 286957 MidAmerica Bank, by merger, Assignment of Rents dated July 25, nka Wells Fargo Bank, National Association 1996, filed January 14, 1997, as Document No. 291751 Anoka County Real Estate Taxes City of Columbia Heights Special Assessments All other parties unknown, together with unknown Any right, title or interest in the heirs or devisees and spouses, if any Subject Property RlL-260780v, CL205-25 A-7 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 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, ifany 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 RJL-260780vl CL205-25 A-8 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, 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-26078Ovl CL205-25 A-9 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 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; Spouse of Scott A. Smith, if any; 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 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. RJL-260784vl CL205-25 F ..3-:l'l-oS DISTRICT COURT TENTH JUDICIAL DISTRICT Case Type: Condemnation Court File No. C7-05-1679 SECOND AMENDED NOTICE OF HEARING ON PETITION AND NOTICE OF MOTION FOR ORDER AUTHORIZING TRANSFER OF TITLE AND POSSESSION PURSUANT TO MINN. STAT. ~ 117.042 PARCELS E, F, G AND H 1 TO RESPONDENT STEELTECH, INC. AND ITS ATTORNEY, IF ANY: YOU WILL PLEASE TAKE NOTICE that the hearing on petition in the above captioned matter as respects the interest of Respondent SteelTech, Inc. ("SteelTech") has been scheduled for April 27, 2005, at 9:00 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 conde~ation of SteelTech's interest in Parcel G in the City of Columbia Heights, County of Anoka, State of Minnesota, which is more particularly described in Second Amended Exhibit A to the Second Amended Petition. At said time and place, Petitioner also will move the court for an order authorizing Petitioner to transfer title and possession of SteelTech's interest in the real estate described in Second Amended Exhibit A to the Second Amended Petition on fIle herein to Petitioner pursuant to Minn. Stat. S 117.042 upon Petitioner's payment or deposit of its approved appraisal of value, effective as of June 22,2005 (in the case of Parcel G, as respects the interest of Respondent SteelTech, Inc.). No party need appear except to object to the relief sought in the Petition and Motion. Dated: March 23, 2005 KENNED~ & ORA VEN, CHAR~D ~p Robert 1. Lindall (6 27 ) John M. LeFevre, r. (61852) Bryan D. Shirley (312964) 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9219 By: ATTORNEYS FOR PETITIONER RJL-260784vl CL205-25 2