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Home My WebLink About302111:2 :58 Tuesday, March 26, 2019 LEGAL DESCRIPTION INFORMATION PAGE 1 NEXT = INQUIRY CODE 103 PROPERTY ID 30 028 24 11 0079 PID HAS MULT ADDRS PSC C SCH DST 273 WTRSHD 1 SWR DST IFPROJ # MUNIC 24 PLAT 76824 PARCEL 4500 EARLIEST DELQ YR ACREAGE .32 DIV STATUS OWNER TC REAL ESTATE HOLDINGS LLC LAST STAT CHG VERF LEGAL PROP ADDR 6316 FRANCE AVE S CONDMN # LOT 003 BLOCK 001 TAXPAY N/A TC REAL ESTATE HOLDINGS LLC PREVIOUS OWNER 08/30/2017 5428 HALIFAX LA EDINA MN 55424 APPROX PARCEL SIZE IRREGULAR TRAN DATES 03/26/19 05/12/93 / / ADN REPLAT OF LOTS 5 & 6, BLOCK 1, PEACEDALE ACRES ADDN DATE FILED 07/17/1961 A METES / BOUNDS DESCRIPTION CURRENT TITLE: ABSTRACT EXCEPT PARCEL 201E AS SHOWN ON MN/DOT R/W PLAT NO. 27-231. Dettec.A40887194— Certified, filed and/or recorded on May 23, 2018 4:30 PM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 96 Pkg ID 1694487M Document Recording Fee $46.00 Document Total $46.00 3D-oas-a-Lf-Ii 0079 This cover sheet is now a permanent part of the recorded document. STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT CASE TYPE: Condemnation Court File No.: 27-CV-18-8457 State of Minnesota, by its Commissioner of Transportation, Petitioner, vs. Kimberly E. Corey, John J. Corey, Lend Smart Mortgage, LLC, Mortgage Electronic Registration Systems, Inc., Suntrust Mortgage Inc., County of Hennepin, TC Real Estate Holdings, LLC, Star Bank, Arvest Mortgage Company, d/b/a Arvest Central Mortgage Company, 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 NOTICE OF LIS PENDENS - 1 - NOTICE IS HEREBY GIVEN That a proceeding has been commenced in this Court by the above named petitioner, the object of which is to acquire for trunk highway purposes the following described real estate situated in Hennepin County, Minnesota, to-wit: - 2 - FEE ACQUISITION Parcel 201E C.S. 2774 (62=384) 901 S.P. 2774-23RW All of the following: That part of Lot 3, Block 1, REPEAT OF LOTS 5 & 6, BLOCK 1, PEACEDALE ACRES, shown as Parcel 201E on Minnesota Department of Transportation Right of Way Plat Numbered 27-231 as the same is on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota; together with other rights as set forth below, forming and being part of said Parcel 201E: Temporary Easement: A temporary easement for highway purposes as shown on said plat as to said Parcel 201E by the temporary easement symbol, said easement shall cease on December 1, 2021, or on such earlier date upon which the Commissioner of Transportation determines by formal order that it is no longer needed for highway purposes. Names of parties interested in the above described land and nature of interest: TC Real Estate Holdings, LLC Fee Star Bank Mortgage Mortgage Electronic Registration Systems, Inc. Mortgage Arvest Mortgage Company, d/b/a Arvest Central Mortgage Mortgage Company County of Hennepin Taxes - 4 - Attorney General y. Rig. No. 0395395 IC J. H Dated: May 21, 2018 OFFICE OF THE ATTORNEY GENERAL State of Minnesota 445 Minnesota Street, Suite 1800 St. Paul, Minnesota 55101-2134 (651) 757-1007 (Voice) (651) 297-4077 (Fax) dominic.haik@ag.statemn.us 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 100633 - 5 - nrin DEPARTMENT F TRAN SPORTATION LAND MANAGEMENT Minnesota Department of Transportation 395 John Ireland Blvd St Paul, MN 55155 November 19, 2018 651-366-3441 Mail Stop 632 NOTICE OF CHANGE OF TITLE AND POSSESSION Mark V. Chapin County Auditor A600 Hennepin County Government Center 300 South Sixth Street `—h) Minneapolis, Minnesota 55487 Re: State vs. Kimberly E. Corey, et al. C.S.2774 (62=384) 901 County of Hennepin COURT FILE NO. 27-CV-18-8457 Be advised that on August 23, 2018 a District Court Judge ordered the transfer of title and possession of all parcels in the above-captioned condemnation action pursuant to Minnesota Statute § 117.042 on September 26, 2018 (title and possession date) to the State of Minnesota upon payment or deposit of an amount equal to the State's approved appraisal. A copy of the order is attached. The Department of Transportation has made all the required payments or deposits. Therefore, all parcels as listed in the previously filed Notice of Lis Pendens for said action passed to the State of Minnesota on the title and possession date except those for which title passed by deed at an earlier date. The specific amount of land taken from each parcel is set forth in the Notice of Lis Pendens, and any amendment thereto. If the taking is changed such changes will be noted in the final certificate to be filed at a future date. Kerry O'Brien Attorney at Law An equal opportunity employer 27-CV-18-8457 Filed in Fourth Judicial District Court 8/29/2018 2:29 PM Hennepin County, MN STATE OF MINNESOTA COUNTY OF HENNEPIN CONDEMNATION IN DISTRICT COURT FOURTH JUDICIAL DISTRICT COURT FILE NO. 27-CV-18-8457 State of Minnesota, by its Commissioner of Transportation, Petitioner, NOTICE OF FILING OF ORDER vs. Kimberly E, Corey, et al., Respondents. IN THE MATTER OF THE CONDEMNATION OF CERTAIN LANDS FOR TRUNK HIGHWAY PURPOSES You are hereby given notice that the Court in these proceedings has filed an Order dated August 23, 2018 and a copy of that Order is attached hereto and served upon you: 0 —7 c Kerry *'Brien Attor ey at Law Attorney Registration No. 0394979 Kerry.obrien@state.mn.us STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION 395 John Ireland Boulevard Mail Stop 632 St. Paul, MN 55155 Fax No.: 651-366-3450 Phone: 651-366-3468 CONDEMNATION STATE OF MINNESOTA IN DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT COURT FILE NO. 27-CV-18-8457 State of Minnesota, by its Commissioner of Transportation, Petitioner, NOTICE OF FILING OF ORDER vs. Kimberly E. Corey, et al., Respondents. IN THE MATTER OF THE CONDEMNATION OF CERTAIN LANDS FOR TRUNK HIGHWAY PURPOSES You are hereby given notice that the Court in these proceedings has filed an Order dated August 23, 2018 and a copy of that Order is attached hereto and served upon you. rar asuir Kerry *'Brien Attor ey at Law Attorney Registration No. 0394979 Kerry.obrien@state.mn.us STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION 395 John Ireland Boulevard Mail Stop 632 St. Paul, MN 55155 Fax No.: 651-366-3450 Phone: 651-366-3468 27-CV-18-8457 STATE OF MINNESOTA COUNTY OF HENNEPIN Filed in Fourth Judicial District Court 8/23/2018 2:49 PM Hennepin County, MN DISTRICT COURT FOURTH JUDICIAL DISTRICT Court File No. 27-CV-18-8457 Judge Laurie J. Miller Case Type: Condemnation State of Minnesota, by its Commissioner of Transportation, Petitioner, vs. Kimberly E Corey, John I Corey, Lend Smart Mortgage, LLC, Mortgage Electronic Registration Systems, Inc., Suntrust Mortgage Inc., County of Hennepin, TC Real Estate Holdings, L.L.C., Star Bank, Arvest Mortgage Company, doing business as Arvest Central Mortgage Company, 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 MAI LER OF THE CONDEMNATION OF CERTAIN LANDS FOR TRUNK HIGHWAY PURPOSES ORDER 27-CV-18-8457 Filed In Fourth Judicial District Court; 8/23/2018 2:49 PM Hennepin County, MN The above entitled proceedings came duly on for hearing before the undersigned Judge of this Court in the Hennepin County Government Center, Hennepin County, Minnesota, on August 22, 2018, upon the petition of the Commissioner of Transportation for the taking of lands by the State under the power of eminent domain. It was made to appear that notice of the presentation thereof was duly served upon the respondents, and that proof thereof has been filed in the office of the court administrator of said court. The petitioner appeared by Dominic J. Haik representing the Commissioner of Transportation; the respondents did not appear and made no objection to the granting of the petition herein, or to the taking of possession by the petitioner of the premises therein described as provided by law for the public purposes therein mentioned. Having heard the evidence adduced by the parties and the arguments of counsel, and after due consideration had, the court finds: I. That the proposed taking appears to be necessary and such as is provided by law. IT IS ORDERED THAT Richard Black, Kevin Meeks and Steven M. DeCaster (with Jeffrey A. Hassan as alternate), who are disinterested persons, be appointed commissioners to ascertain and report the amount of damages that will be sustained by the several owners of said lands on account of said taking; that said commissioners hold their first meeting in the office of the Court Administrator in the Hennepin County Government Center in Minneapolis, Minnesota, within 60 days of the date of this Order; that said commissioners shall file their final report with the Court Administrator within 360 days from the date hereof; that the compensation of each commissioner shall be as follows: For a full-day meeting, $800.00; for a half-day meeting, $400.00. A "meeting" shall mean each time the commissioners get together as a group to view the subject property; to hear or consider evidence in the proceedings; or to conduct and hold 27-CV-18-8457 Filed In Fourth Judicial District Court 8/23/2018 2:49 PM Hennepin County, MN prehearing conferences and posthearing deliberations as provided herein. In addition, $125.00 per hour for scheduling matters; viewing comparable properties; reading memoranda and expert reports; reviewing exhibits; signing the final report; and, meeting with the parties or their attorneys, pursuant to notice, regarding matters relating to the proceeding. The commissioners shall also receive the sum of $200 for taking the oath of office. The commissioners shall also receive reimbursement for mileage actually traveled in their own conveyances, at the rate of 54.5 cents per mile, as are reasonably necessary in the performance of such duties. IT IS FURTHER ORDERED That the estate acquired by the petitioner in said lands shall be an estate in fee simple absolute in the lands described in the Petition, together with the following rights: to acquire from the owners whose lands front thereon any existing right of access to said highway in those cases which are therein particularly mentioned, and to keep and have the exclusive control of all access to said high-Way in accordance with the law governing controlled access highways, and to acquire a temporary easement in those cases which are therein particularly mentioned. IT IS FURTHER ORDERED, that the Court Administrator is authorized to accept deposit in an interest bearing account payments from the petitioner to the court pursuant to Minnesota statutes. IT IS FURTHER ORDERED, pursuant to Minn. Stat. §117.042 that title and possession to the lands described in the petition be vested in the State of Minnesota as of September 26, 2018, provided that the State has complied with the requirements set out in said statute. IT IS FURTHER ORDERED that 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 any of the properties being acquired by the petitioner in this 27-CV-18-8457 Filed in Fourth Judicial District Coat 8/23/2018 2:49 PM Hennepin County, MN condemnation action, from all potential responsible parties, including respondents herein where appropriate, in a separate legal action to the extent permitted by law. IT IS FURTHER ORDERED that should tests or evaluations undertaken by or on behalf of the petitioner indicate the presence of pollutants, contaminants, or hazardous materials on the real property described in the petition, the awards filed by the commissioners shall value the property "as remediated" as opposed to "as contaminated" or "as clean," and that nothing in these proceedings shall impair the right of the petitioner to recover costs of clean up and testing and all other damages arising from the presence of such 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. Any party intending to rely upon appraisal evidence in this matter shall provide a copy of the appraisal no later than 14 calendar days prior to the commissioners hearing to each party so requesting a copy. Dated at Ahoar 4:, , Minnesota, this 23 eialay of 4.4. 2--ei BY THE COURT: rTh Oof District Court Judge Laurie J. Miller 175 (4) o to 175 REPLAT OF (77) 3,BLKI 76 2 (78) 175 3 (79) (BO) 167 1 epth (54) 467 -11•111111-141S1111-111- Q1.5).44 Fot41443- TOTAL 1,-536A L-1032.3 ------ ....... Ito NIN 1 /4 BLOCK ADI 0 7 62-312. ityzrit • gmz> Ev> 0 0 ti -V. ( 1 MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO, 27-231 CONTROL SECTION NO. 2774 (62=384)901 IN THE NORTHEAST QUARTER OF SECTION 30, T 28 N., R. 24 W., IN THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 29, T. 28 N., R. 24 W., HENNEPIN COUNTY, MINNESOTA 4 3 DETAIL B 1 FLO S SUBDIVISION BLOCK 1 NOT TO SCALE 3 823117 NE1/4—NE1/4 823115 BLOCK 2 •BLK 7 823116 EXIST 7 -C1 5 2 PEACEDALE ACRES m co BLOCK 1 3 823109 LA 23108 mm m o o cn z o z I> se 0 1-3 o -t 1-4 0 0 r C r 4 r— BLOCK 1 6 (J) 5 T.E.PAR. 201E 3 8. BLOCK I PARCEL 201E 23117 6 1 REPLAT OF LOTS 5 & 6, BLOCK 1, PEACEDALE ACRES L, 5 T. E. PAR. 201F BLOCK 1 SEE DETAIL 8- 9 r r HOPPE REPtAT BLOCK 2 2 9231 3 EXISTING AccEss CONT1OL B231 1 FROM 623112 BLOCK TT 5 Y EASEMENT DOC. 95570 B23 t B23115 m 10 LA LA 112 NO MON AT SECT !. B7SHIETNitt "0 1 .L EVA 0< 01323119 ID DEDICATED ON PLAT I1P PEACEDALE ACRES 523110 82311 EXISTI ORIvEWAY EASEMENT DOC. 1029355 !RETAIL A Nior,rit SC n AL !n PAR 11.