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(Published in the Brainerd Dispatch, November 27, December 4, 11, 2017, 3t.) CONDEMNATION STATE OF MINNESOTA IN DISTRICT COURT COUNTY OF CROW WING NINTH JUDICIAL DISTRICT Court File No. 18-CV-17-4318 State of Minnesota, by its Commissioner of Transportation,Petitioner, vs. Unknown heirs of Albert E. Ward, deceased, et. al., Respondents. IN THE MATTER OF THE CONDEMNATION OF CERTAIN LANDS FOR TRUNK HIGHWAY PURPOSES NOTICE To the Respondents hereinabove named: You, and each of you, are hereby notified that on January 8, 2018, at 9:00 o'clock AM., or as soon thereafter as counsel can be heard, before Judge Erik J. Askegaard, in the Judicial Center at Brainerd, Crow Wing County, Minnesota, the above named petitioner will present to the above named Court an amended petition now on file herein for the condemnation of certain lands for trunk highway purposes. A copy of said amended petition is attached hereto and incorporated herein. YOU, AND EACH OF YOU, ARE FURTHER NOTIFIED, That at the above time and place the above-named petitioner will also move the court for an order transferring title and possession to petitioner of the parcels described in the amended petition in accordance with Minn. Stat. §117.042, as of February 12, 2018. YOU, AND EACH OF YOU, ARE FURTHER NOTIFIED, that all persons occupying the property described in the amended petition must VACATE THE PREMISES AND MOVE ALL OF YOUR PERSONAL PROPERTY FROM SAID PREMISES ON OR BEFORE FEBRUARY 12, 2018. All advertising signs or devices located on the property being acquired must be removed by February 12, 2018. YOU, AND EACH OF YOU, ARE FURTHER NOTIFIED, that (1) a party wishing to challenge the public use or public purpose, necessity, or authority for a taking must appear at the court hearing and state the objection or must appeal within 60 days of a court order; and (2) a court order approving the public use or public purpose, necessity, and authority for the taking is final unless an appeal is brought within 60 days after service of the order on the party. Dated: 10-26-17 OFFICE OF THE ATTORNEY GENERAL State of Minnesota /s/ Dominic J. Haik DOMINIC J. HAIK Assistant Attorney General Atty. Reg. No. 0395395 445 Minnesota Street, Suite 1800 St. Paul, MN 55101-2134 (651) 757-1007 (Voice) (651) 282-2525(TTY) dominic.haik@ag.state.mn.us ATTORNEY FOR PETITIONER CONDEMNATION STATE OF MINNESOTA IN DISTRICT COURT COUNTY OF CROW WING NINTH JUDICIAL DISTRICT Court File No. 18-CV-17-4318 State of Minnesota, by its Commissioner of Transportation, Petitioner, vs. Unknown heirs of Albert E. Ward, deceased, State of Minnesota Department of Natural Resources, County of Crow Wing, also all other persons unknown claiming any right, title, estate, interest or lien in the real estate described in the Petition herein, Respondents. IN THE MATTER OF THE CONDEMNATION OF CERTAIN LANDS FOR TRUNK HIGHWAY PURPOSES AMENDED PETITION To the District Court above named the State of Minnesota brings this Petition and respectfully states and alleges: I. That Trunk Highway Legislative Route numbered 137, which has been renumbered 6, and which has been located according to law, passes over the lands herein described. That it is duly covered by Right of Way Plat Order numbered 96004. II. That the Commissioner of Transportation deems it necessary that the State of Minnesota for trunk highway purposes obtain the lands herein described in fee simple absolute. With reference to all Parcels, it is the intention of this proceeding to except all severed mineral rights, not including rights to sand and gravel, and reserve to the owners of the severed mineral rights, their heirs, successors and assigns, the rights and privileges to explore for, mine, and remove the minerals, but only in such manner that will not interfere with the use of said land for highway purposes or with the safe and continuous operation of any public highway thereon, and further the severed mineral owners reserve the right to relocate the highway at the mineral owners' expense pursuant to Minnesota Statutes §l60.l0 as such may be amended. It is the intention of the above-named petitioner to move the court for an order authorizing the Court Administrator to accept and deposit in an interest bearing account payments from the petitioner to the court pursuant to Minnesota statutes. Further, it is the intention of the above-named petitioner to move the court for an order transferring title and possession of the parcels herein described, prior to the filing of an award by the court appointed commissioners, pursuant to Minnesota Statutes §117.042. The petitioner reserves its right to recover costs of clean up and testing and all other damages arising from the presence of pollutants, contaminants, or hazardous materials on the property described herein, from all potential responsible parties, including respondents herein where appropriate, in a separate legal action to the extent permitted by law. The Petition in this matter is being amended to remove Parcel 204 from the action and the associated respondents' names from the caption. III. That the following described lands in these proceedings taken are situated in Crow Wing County, Minnesota; that the names of all persons appearing of record or known to your petitioner to be the owners of said lands or interested therein, including all whom your petitioner has been able by investigation and inquiry to discover, together with the nature of the ownership of each, as nearly as can be ascertained, are as follows: FEE ACQUISITION Parcel 99 C.S. 1802 (6=137) 901 S.P. 1802-50RW All of the following: That part of the Southeast Quarter of the Southwest Quarter of Section 27, Township 138 North, Range 26 West, shown as Parcel 99 on Minnesota Department of Transportation Right of Way Plat Numbered 18-124 as the same is on file and of record in the office of the County Recorder in and for Crow Wing County, Minnesota; containing 1.85 acres, more or less; which is encumbered in its entirety by an existing highway easement. Names of parties interested in the above described land and nature of interest: Unknown heirs of Albert E. Ward, deceased Record Fee State of Minnesota Department of Natural Resources Mineral Rights County of Crow Wing Taxes WHEREFORE, Your petitioner prays that commissioners be appointed to appraise the damages which may be occasioned by such taking, and that such proceedings may be had herein as are provided by law. Dated: 10-20-17 Respectfully submitted, OFFICE OF THE ATTORNEY GENERAL State of Minnesota /s/ Dominic J. Haik DOMINIC J. HAIK Assistant Attorney General Atty. Reg. No. 0395395 445 Minnesota Street, Suite 1800 St. Paul, MN 55101-2134 (651) 757-1007 (Voice) (651) 282-2525 (TTY) dominic.haik@ag.state.mn.us ATTORNEY FOR PETITIONER MINN. STAT. § 549.211 ACKNOWLEDGMENT The party or parties on whose behalf the attached document is served acknowledge through their undersigned counsel that sanctions may be imposed pursuant to Minn. Stat. § 549.211. Dated: 10-20-17 OFFICE OF THE ATTORNEY GENERAL State of Minnesota /s/ Dominic J. Haik DOMINIC J. HAIK Assistant Attorney General Atty. Reg. No. 0395395 445 Minnesota Street, Suite 1800 St. Paul, MN 55101-2134 (651) 757-1007 (Voice) (651) 282-2525 (TTY) dominic.haik@ag.state.mn.us ATTORNEY FOR PETITIONER

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