STATE OF MINNESOTA

COUNTY OF FILLMORE

IN DISTRICT COURT

THIRD JUDICIAL DISTRICT

Court File No. 23-CV-13-221

State of Minnesota, by its Commissioner of Transportation,

Petitioner,

vs.

Unknown heirs of Lyle E. Wilbur, 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 June 4, 2013, at 2:30 o'clock PM., or as soon thereafter as counsel can be heard, in the Courthouse at Preston, Fillmore County, Minnesota, the above named petitioner will present to the above named Court a petition now on file herein for the condemnation of certain lands for trunk highway purposes. A copy of said 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 petition in accordance with Minn. Stat. §117.042, as of July 15, 2013.

YOU, AND EACH OF YOU, ARE FURTHER NOTIFIED, that all persons occupying the property described in the petition must VACATE THE PREMISES AND MOVE ALL OF YOUR PERSONAL PROPERTY FROM SAID PREMISES ON OR BEFORE JULY 15, 2013. All advertising signs or devices located on the property being acquired must be removed by July 15, 2013.

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: 4/12/13

OFFICE OF THE ATTORNEY GENERAL

State of Minnesota

/s/ Natasha Karn

NATASHA KARN

Assistant Attorney General

Atty. Reg. No. 0331144

445 Minnesota Street, Suite 1800

St. Paul, MN 55101-2134

(651) 757-1492 (Voice)

(651) 282-2525 (TTY)

ATTORNEY FOR PETITIONER

CONDEMNATION

STATE OF MINNESOTA

COUNTY OF FILLMORE

IN DISTRICT COURT

THIRD JUDICIAL DISTRICT

State of Minnesota, by its Commissioner of Transportation,

Petitioner,

vs.

Unknown heirs of Lyle E. Wilbur, deceased, Todd A. Soiney, Amy Jo Soiney, Merchants Bank, National Association, Alice Wilbur, Mark Wilbur, Kathy Wilbur, Curtis Wilbur, Janice Wilbur, Wanda Haack, Ron Haack, Karen Arneson, Arlin Arneson, Matt Gulbranson, County of Fillmore, Anita Schissel, also known as Anita M. Schissel, Iowa State Bank, S.E. Minnesota Silo & Equipment Co., Inc., 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

PETITION

To the District Court above named the State of Minnesota brings this Petition and respectfully states and alleges:

I.

That Trunk Highway numbered 44, being Route numbered 44, has been located according to law and passes over the lands herein described.

That it is duly covered by Center Line Order numbered 13412, Width Order numbered 93233 and Temporary Order numbered 93234.

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, together with the following rights: to acquire a temporary easement in those cases which are herein particularly mentioned.

As to Parcel 216, the State of Minnesota shall also extinguish all rights and interests which the owner of Tract A described therein may or could have in the cattle pass and lanes provided by the State of Minnesota in eminent domain proceedings brought in Fillmore County, entitled "State vs. Taeger-Knox et al., C.S. 2308 (44=44) 901, Parcel 16, at approximate Engineer's Station 2380+81, it being intended that said cattle pass and lanes shall be forever extinguished and obliterated.

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.

III.

That the following described lands in these proceedings taken are situated in Fillmore 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 205 C.S. 2308 (44=44) 901

S.P. 2308-26

That part of Tracts A and B described below:

Tract A. The Northwest Quarter of the Northwest Quarter of Section 36, Township 101 North, Range 9 West, Fillmore County, Minnesota; excepting therefrom the west 7 rods thereof;

Tract B. The Northeast Quarter of the Northwest Quarter of Section 36, Township 101 North, Range 9 West, Fillmore County, Minnesota;

which lies northerly of a line run parallel with and distant 75 feet southerly of Line 1 described below:

Line 1. Beginning at a point on the east line of Section 28, Township 101 North, Range 8 West, distant 661.7 feet north of the southeast corner thereof; thence southwesterly at an angle of 36 degrees 57 minutes from said east section line (measured from south to west) for 787.6 feet; thence deflect to the right at an angle of 53 degrees 20 minutes for 3330.9 feet; thence deflect to the left at an angle of 06 degrees 44 minutes for 2561.4 feet; thence deflect to the right at an angle of 16 degrees 18 minutes for 1267.1 feet; thence deflect to the left at an angle of 10 degrees 03 minutes for 2851.9 feet; thence deflect to the right at an angle of 01 degree 24 minutes for 1587.5 feet; thence deflect to the left at an angle of 01 degree 08 minutes for 3810.0 feet; thence deflect to the left at an angle of 00 degrees 19 minutes for 2345.0 feet; thence deflect to the left on a 00 degree 10 minute curve, delta angle 01 degree 09 minutes, for 690.0 feet; thence on tangent to said curve for 1333.9 feet; thence deflect to the right on a 00 degree 30 minute curve, delta angle 03 degrees 17 minutes, for 656.7 feet; thence on tangent to said curve for 200 feet and there terminating;

together with that part of Tract B hereinbefore described, adjoining and southerly of the above described strip, which lies northerly of a line run parallel with and distant 95 feet southerly of Line 2 described below:

Line 2. Beginning at a point on Line 1 described above, distant 1920.6 feet easterly of its point of termination; thence easterly along said Line 1 for 75 feet and there terminating;

containing 5.75 acres, more or less, of which 5.72 acres is encumbered by an existing highway easement;

also a right to use the following described strip for highway purposes, which right shall cease on December 1, 2015, or on such earlier date upon which the Commissioner of Transportation determines by formal order that it is no longer needed for highway purposes:

A strip being that part of Tract B hereinbefore described, adjoining and southerly of the second above described strip, which lies northerly of a line run parallel with and distant 175 feet southerly of Line 2 described above;

containing 0.14 acre, more or less.

Names of parties interested in the above described land and nature of interest:

Unknown heirs of Lyle E. Wilbur, deceased Record Fee

Todd A. Soiney Claimant of Fee

Amy Jo Soiney

Merchants Bank, National Association Mortgage

Alice Wilbur Claimant of an Interest

Mark Wilbur

Kathy Wilbur

Curtis Wilbur

Janice Wilbur

Wanda Haack

Ron Haack

Karen Arneson

Arlin Arneson

Matt Gulbranson Lessee

County of Fillmore Taxes

FEE ACQUISITION

Parcel 216 C.S. 2308 (44=44) 901

S.P. 2308-26

That part of Tract A described below:

Tract A. That part of the Southwest Quarter of the Southeast Quarter of Section 30, Township 101 North, Range 8 West, Fillmore County, Minnesota, described as follows: Commencing at the southwest corner of said Southwest Quarter of the Southeast Quarter; thence North 89 degrees 40 minutes 39 seconds East along the south line thereof for 271.42 feet to the point of beginning of Tract A to be described; thence continuing North 89 degrees 40 minutes 39 seconds East along said south line for 559.13 feet; thence North 01 degree 24 minutes 59 seconds West for 754.75 feet; thence North 82 degrees 08 minutes 50 seconds East for 112.05 feet; thence North 00 degrees 48 minutes 09 seconds East for 180.82 feet; thence South 86 degrees 58 minutes 58 seconds West for 392.64 feet; thence South 08 degrees 25 minutes 46 seconds East for 225.31 feet; thence South 85 degrees 34 minutes 00 seconds West for 88.93 feet; thence South 04 degrees 12 minutes 43 seconds East for 27.85 feet; thence South 89 degrees 29 minutes 44 seconds West for 185.49 feet; thence South 01 degree 56 minutes 25 seconds West for 674.34 feet to the point of beginning;

which lies southerly of a line run parallel with and distant 75 feet northerly of Line 1 described below:

Line 1. Beginning at a point on the east line of Section 28, Township 101 North, Range 8 West, distant 661.7 feet north of the southeast corner thereof; thence southwesterly at an angle of 36 degrees 57 minutes from said east section line (measured from south to west) for 787.6 feet; thence deflect to the right at an angle of 53 degrees 20 minutes for 3330.9 feet; thence deflect to the left at an angle of 06 degrees 44 minutes for 2561.4 feet; thence deflect to the right at an angle of 16 degrees 18 minutes for 1267.1 feet; thence deflect to the left at an angle of 10 degrees 03 minutes for 2851.9 feet; thence deflect to the right at an angle of 01 degree 24 minutes for 983.3 feet; thence deflect to the left on a 00 degree 10 minute curve, delta angle 00 degrees 53 minutes, for 530.0 feet; thence on tangent to said curve for 1199.0 feet and there terminating;

together with that part of Tract A hereinbefore described, adjoining and northerly of the above described strip, which lies southerly of Line 2 described below:

Line 2. Commencing at a point on Line 1 described above, distant 560.2 feet easterly of its point of termination; thence northerly at right angles from said Line 1 for 75 feet to the point of beginning of Line 2 to be described; thence northeasterly to a point (hereinafter referred to as Point "A") distant 90 feet northerly (measured at right angles) of a point on said Line 1, distant 575.2 feet easterly of its point of termination; thence easterly to a point distant 90 feet northerly (measured at right angles) of a point on said Line 1, distant 680.2 feet easterly of its point of termination; thence southerly at a right angle for 15 feet and there terminating;

containing 0.93 acre, more or less, of which 0.89 acre is encumbered by an existing highway easement;

All rights and interests which the owner of Tract A described above may or could have in the cattle pass and lanes provided by the State of Minnesota in eminent domain proceedings brought in Fillmore County, entitled "State vs. Taeger-Knox et al., C.S. 2308 (44=44) 901, Parcel 16, at approximate Engineer's Station 2380+81, it being intended that said cattle pass and lanes shall be forever extinguished and obliterated;

Also a right to use the following described strips for highway purposes, which right shall cease on December 1, 2015, or on such earlier date upon which the Commissioner of Transportation determines by formal order that it is no longer needed for highway purposes:

A strip being that part of Tract A hereinbefore described, adjoining and northerly of the first above described strip, and adjoining and westerly of the second above described strip, which lies southerly of a line run parallel with and distant 90 feet northerly of the following described line: Beginning at a point on Line 1 described above, distant 475.2 feet easterly of its point of termination; thence easterly along said Line 1 for 100 feet and there terminating;

A strip being that part of Tract A hereinbefore described, adjoining and northerly of the second above described strip, which lies southerly of the following described line: From the point of beginning of Line 2 described above, run northeasterly along said Line 2 to Point "A" as set forth therein; thence continue along the last described course to an intersection with a line run parallel with and distant 160 feet northerly of Line 1 described above; thence easterly along said parallel line to a point distant 160 feet northerly (measured at right angles) of a point on said Line 1, distant 680.2 feet easterly of its point of termination; thence southerly to the point of termination of said Line 2 and there terminating;

containing 0.14 acre, more or less.

Names of parties interested in the above described land and nature of interest:

Anita Schissel, also known as Anita M. Schissel Fee

Iowa State Bank Claimant of an Interest

S.E. Minnesota Silo & Equipment Co., Inc. Judgment

County of Fillmore 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: 3/22/13

Respectfully submitted,

OFFICE OF THE ATTORNEY GENERAL

State of Minnesota

/s/ Natasha Karn

NATASHA KARN

Assistant Attorney General

Atty. Reg. No. 0331144

445 Minnesota Street, Suite 1800

St. Paul, MN 55101-2134

(651) 757-1492 (Voice)

(651) 282-2525 (TTY)

ATTORNEY FOR PETITIONER

This instrument was drafted by the

State of Minnesota, Department of

Transportation, Legal and Property

Management Unit, M.S. 632

St. Paul, Minnesota 55155

100447

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: 3/22/13

OFFICE OF THE ATTORNEY GENERAL

State of Minnesota

/s/ Natasha Karn

NATASHA KARN

Assistant Attorney General

Atty. Reg. No. 0331144

445 Minnesota Street, Suite 1800

St. Paul, MN 55101-2134

(651) 757-1492 (Voice)

(651) 282-2525 (TTY)

ATTORNEY FOR PETITIONER

5/2, 5/9, 5/16