Wednesday, January 22, 2014 7:10 AM
STATE OF MINNESOTA
COUNTY OF FILLMORE
DISTRICT COURT - CIVIL DIVISION
THIRD JUDICIAL DISTRICT
CASE TYPE: QUIET TITLE
COURT FILE NO: 23-CV-13-756
Greg Smith and Randy Smith,
Lillian Adams, Samuel C. Barton, George Bliss, Phil Brady, Clara M. Bremmer, Ronald Bremseth, James R. Chapel, a/k/a James Chapel, Judy M. Chapel, Isaac Cook, Marian A. Davis, City of Rushford, Wanda Hammer, Thomas D. Hammer, Eldoris Hanson, H.A. Winkoop, George A. Hayes, Mary E. Hoiland, Phillip Hoiland, Selmer Hoiland, Tollef S. Hoiland, T.S. Hoiland, Lyle Johnson, Margaret Johnson, Kopperud Properties, Kopperud Properties, LP, Helen Kopperud, Norman Kopperud, a/k/a Norman A. Kopperud, Michael Miller, Peter Miller, Phillip Miller, Joseph Otis, John Paul, Lorna Rasmussen, Root River Power and Light Company, Sprague, Barton & Paul, Benjamin D. Sprague, S.M.R.R. Co., a/k/a Southern Minnesota Rail Road Company, George G. Stevens, Beryl Taylor, the unknown heirs of any of Defendants named herein who are deceased, also all other person unknown claiming any right, title, estate, interest or lien in the real estate described herein,
TO: THE ABOVE-NAMED DEFENDANT:
1. YOU ARE BEING SUED. The Plaintiff has started a lawsuit against you. The Plaintiff's Amended Complaint against you is on file in the office of the Court Administrator of the above named Court. Do not throw these papers away. They are official papers that affect your rights.
2. YOU MUST REPLY WITHIN 20 DAYS TO PROTECT YOUR RIGHTS. You must file your written response called an Answer within 20 days of the date on which you received this Summons. You must send a copy of your Answer to the Fillmore County Court Administrator at PO Box 436, Preston, MN 55965.
3. YOU MUST RESPOND TO EACH CLAIM. The Answer is your written response to the Plaintiff's Amended Complaint. In your Answer you must state whether you agree or disagree with each paragraph of the Amended Complaint. If you believe the Plaintiff should not be given everything asked for in the Amended Complaint, you must say so in your Answer.
4. YOU WILL LOSE YOUR CASE IF YOU DO NOT SEND A WRITTEN RESPONSE TO THE AMENDED COMPLAINT TO THE FILLMORE COUNTY COURT ADMINISTRATOR. If you do not Answer within 20 days, you will lose this case. You will not get to tell your side of the story, and the Court may decide against you and award the Plaintiff everything asked for in the Amended Complaint. If you do not want to contest the claims stated in the Amended Complaint, you do not need to respond. A Default Judgment can then be entered against you for the relief requested in the Amended Complaint.
5. LEGAL ASSISTANCE. You may wish to get legal help from a lawyer. If you do not have a lawyer, the Court Administrator may have information about places where you can get legal assistance. Even if you cannot get legal help, you must still provide a written Answer to protect your rights or you may lose the case.
6. ALTERNATIVE DISPUTE RESOLUTION. The parties may agree to or be ordered to participate in an alternative dispute resolution process under Rule 114 of the Minnesota General Rules of Practice. You must still send your written response to the Amended Complaint even if you expect to use alternative means of resolving this dispute.
7. REAL PROPERTY. THIS LAWSUIT AFFECTS OR BRINGS INTO QUESTION TITLE TO REAL PROPERTY located in Fillmore County, State of Minnesota, legally described as follows:
All that part of the Southeast Quarter of the Southwest Quarter (SE1/4 of SW1/4) of Section Thirteen (13), Township One Hundred Four (104) North, Range Eight (8) West, lying southerly of the new channel of the Root River as it exists on February 10, 1970, except Outlot 1 thereof. Also that part of said Outlot 1 described as follows:
A part of Outlot 1 of the Southeast Quarter of the Southwest Quarter (SE1/4 of SW1/4) in Section Thirteen (13), Township One Hundred Four (104) North, Range Eight (8) West, in the City of Rushford, Minnesota, described as follows:
Commencing at the southeast corner of the Southeast Quarter of the Southwest Quarter (SE1/4 of SW1/4) of said Section Thirteen (13); thence North 89 degrees 47 minutes 31 seconds West (NOTE: All bearings are on the Fillmore County NAD 1983, HARN 96 adjustment) along the south line of the Southeast Quarter of the Southwest Quarter (SE1/4 of SW1/4) for a distance of 973.08 feet to the southeast corner of said Outlot 1, said point being the POINT OF BEGINNING; thence North 20 degrees 45 minutes 00 seconds West along the easterly line of said Outlot 1 for a distance of 572.61 feet; thence South 12 degrees 14 minutes 06 seconds East for a distance of 547.59 feet to the south line of said Outlot 1; thence South 89 degrees 47 minutes 31 seconds East along said south line for a distance of 86.82 feet to the POINT OF BEGINNING. Containing 0.533 Acres, more or less.
Also, all that part of the Southwest Quarter of the Southeast Quarter (SW1/4 of SE1/4) of Section Thirteen (13), Township One Hundred Four (104) North, Range Eight (8) West lying southerly of the new channel of the Root River as it exists on February 10, 1970. The total number of acres in said Section Thirteen (13) is 12.7 acres, more or less, to the center of said Root River.
Also, all that part of the Northwest Quarter of Section Twenty-Four (24), Township One Hundred Four (104) North, Range Eight (8) West, Fillmore County, Minnesota, and that part of Hydraulic Lots Four (4) and Five (5), and that part of Blocks Fifteen (15) and Sixteen (16), in C.D. Sherwood's Addition to South Rushford, described as follows:
BEGINNING at the northeast corner of the Northwest Quarter (NW1/4) of said Section Twenty-Four (24) (a Cast iron monument in place since 1977), thence South 00 degrees 27 minutes 13 seconds East (NOTE: all bearings are on the Fillmore County NAD 1983, HARN 96 adjustment) along the east line of said Northwest Quarter (NW1/4) for a distance of 2016.02 feet to the northerly 75 foot Right of Way Line of State T.H. No. 16; thence northwesterly along said Right of Way Line and along a Non-tangential curve, concave southwesterly, radius of 2366.83 feet, central angle of 21 degrees 36 minutes 13 seconds, for an arc distance of 892.43 feet, the long chord of said curve bears North 75 degrees 53 minutes 33 seconds West for 887.15 feet; thence westerly along said R/W line and along a spiral curve, parallel with the centerline of said T.H. No. 16, for a chord distance of 254.06 feet and chord bearing of North 88 degrees 46 minutes 13 seconds West; thence North 89 degrees 49 minutes 12 seconds West along said R/W line for a distance of 915.38 feet; thence westerly along said R/W line and along a spiral curve, parallel with the centerline of said T.H. No. 16 for a chord distance of 202.61 feet and chord bearing of South 89 degrees 30 minutes 31 seconds West; thence westerly along said R/W line and along a curve, concave southerly, radius of 2939.79 feet central angle of 03 degrees 46 minutes 56 seconds, for an arc distance of 194.05 feet, the chord of said curve bears South 86 degrees 17 minutes 15 seconds West for 194.02 feet to a line which is 200.00 feet easterly of and parallel with the west line of said Northwest Quarter (NW1/4); thence North 00 degrees 30 minutes 32 seconds West along said parallel line for a distance of 276.02 feet; thence North 74 degrees 38 minutes 37 seconds East for a distance of 1649.28 feet; thence North 12 degrees 14 minutes 06 seconds West for a distance of 1122.26 feet to the north line of the Northwest Quarter (NW1/4) of said Section Twenty-Four (24); thence South 89 degrees 47 minutes 31 seconds East along said north line for a distance of 1059.90 feet to the POINT OF BEGINNING. Containing 56.47 acres, more or less.
The object of this action is to obtain judgment that Plaintiffs are the owners in fee of the above described real property and that none of the said Defendants have any estate or interest or lien thereon.
NOTICE OF NO PERSONAL CLAIM
Notice is hereby given that no personal claim is made against the Defendants, or any of them, by Plaintiffs.
RYAN & GRINDE, LTD.
Dated: Nov. 26, 2013
/s/ Wayne L. Mehrkens
Wayne L. Mehrkens, Attorney for Plaintiffs
313 W. 6th St./PO Box 356
St. Charles, MN 55972
Attorney Reg. No. 71754
1/16, 1/23, 1/30