CONDEMNATION

STATE OF MINNESOTA

COUNTY OF FILLMORE

IN DISTRICT COURT

THIRD JUDICIAL DISTRICT

Court File No. 23-CV-13-78

State of Minnesota, by its Commissioner of Transportation,

Petitioner,

vs.

Daniel A. Sebben, 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 March 28, 2013, at 1:00 o'clock PM., or as soon thereafter as counsel can be heard, before Judge Robert R. Benson, 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 May 13, 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 MAY 13, 2013. All advertising signs or devices located on the property being acquired must be removed by May 13, 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: February 8, 2013

OFFICE OF THE ATTORNEY GENERAL

State of Minnesota

Richard L. Varco

For MATHEW A. FERCHE

Assistant Attorney General

Atty. Reg. No. 0391282

445 Minnesota Street, Suite 1800

St. Paul, MN 55101-2134

(651) 757-1457 (Voice)

(651) 282-2525 (TTY)

ATTORNEY FOR PETITIONER

CONDEMNATION

STATE OF MINNESOTA

COUNTY OF FILLMORE

IN DISTRICT COURT

THIRD JUDICIAL DISTRICT

Court File No. 23-CV-13-78

State of Minnesota, by its Commissioner of Transportation,

Petitioner,

vs.

Daniel A. Sebben, Patsy A. Sebben, County of Fillmore, David James Schmitt, Chie K. Schmitt, Todd A. Soiney, Amy Jo Soiney, 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 Amended 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 Definite Location Order numbered 13412, Amended Width Order numbered 93233 and Temporary Easement 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.

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.

This Amended Petition is submitted to correct the descriptions as to Parcels 207 and 208.

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 207 C.S. 2308 (44=44) 901

S.P. 2308-26

That part of Tract A described below:

Tract A. The Southwest Quarter of the Southeast Quarter of Section 25, Township 101 North, Range 9 West, Fillmore County, Minnesota;

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 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 and there terminating;

together with that part of Tract A hereinbefore described, adjoining and northerly of the above described strip, which lies southerly of a line run parallel with and distant 125 feet northerly of Line 2 described below:

Line 2. Beginning at a point on Line 1 described above, distant 234 feet east of the north and south quarter line of said Section 25 (measured along said Line 1); thence easterly along said Line 1 for 717.0 feet and there terminating;

together with 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 Line 3 described below:

Line 3. From a point on Line 1 described above, distant 485.0 feet easterly of its point of termination (measured along said Line 1), run northerly at right angles from the tangent to said Line 1 at said point for 75 feet to the point of beginning of Line 3 to be described; thence northeasterly to a point distant 165 feet northerly (measured at right angles from the tangent to said Line 1 at said point) of a point on said Line 1, distant 515.0 feet easterly of its point of termination (measured along said Line 1); thence easterly, parallel with said Line 1, to a point distant 165 feet northerly (measured at right angles from the tangent to said Line 1 at said point) of a point on said Line 1, distant 645.0 feet easterly of its point of termination (measured along said Line 1); thence southerly to the northwest corner of the second above described strip and there terminating;

containing 3.39 acres, more or less, of which 3.09 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 A hereinbefore described, adjoining and northerly of the first above described strip, adjoining and northerly of the second above described strip, and adjoining and westerly, northerly and easterly of the third above described strip, which lies within a distance of 20 feet of Line 3 described above and its extensions;

containing 0.14 acre, more or less.

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

Daniel A. Sebben Fee

Patsy A. Sebben

County of Fillmore Taxes

FEE ACQUISITION

Parcel 208 C.S. 2308 (44=44) 901

S.P. 2308-26

That part of Tract A described below:

Tract A. The north 58.7 acres of the North Half of the Northeast 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 and there terminating;

together with that part of Tract A hereinbefore described, adjoining and southerly of the above described strip, which lies northerly of a line run parallel with and distant 125 feet southerly of Line 2 described below:

Line 2. Beginning at a point on Line 1 described above, distant 690 feet west of the east line of said Section 36 (measured along said Line 1); thence easterly along said Line 1 to said east section line and there terminating;

also together with that part of Tract A hereinbefore described, adjoining and southerly of the first above described strip, which lies northerly of a line run parallel with and distant 115 feet southerly of Line 3 described below:

Line 3. Beginning at a point on Line 1 described above, distant 525.0 feet easterly of its point of termination (measured along said Line 1); thence easterly along said Line 1 for 145.0 feet and there terminating;

containing 5.44 acres, more or less, of which 5.31 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 A hereinbefore described, adjoining and southerly of the third above described strip, which lies northerly of a line run parallel with and distant 120 feet southerly of Line 3 described above;

containing 0.38 acre, more or less.

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

David James Schmitt Fee

Chie K. Schmitt Spouse

Todd A. Soiney Lessee

Amy Jo Soiney

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: 2-6-13

Respectfully submitted,

OFFICE OF THE ATTORNEY GENERAL

State of Minnesota

MATHEW A. FERCHE

Assistant Attorney General

Atty. Reg. No. 0391282

445 Minnesota Street, Suite 1800

St. Paul, MN 55101-2134

(651) 757-1457 (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

100441

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: 2-6-13

OFFICE OF THE ATTORNEY GENERAL

State of Minnesota

MATHEW A. FERCHE

Assistant Attorney General

Atty. Reg. No. 0391282

445 Minnesota Street, Suite 1800

St. Paul, MN 55101-2134

(651) 757-1457 (Voice)

(651) 282-2525 (TTY)

ATTORNEY FOR PETITIONER

2/20, 2/27, 3/6