Details for NOTICE OF INTENT TO ACQUIRE PURSUANT TO "QUICK TAKE"STATE OF MINNESOTA,COUNTY OF OLMSTED,DISTRICT COURT,CIVIL DIVISIONTHIRD JUDICIAL

NOTICE OF INTENT TO ACQUIRE PURSUANT TO "QUICK TAKE"
STATE OF MINNESOTA,
COUNTY OF OLMSTED,
DISTRICT COURT,
CIVIL DIVISION
THIRD JUDICIAL DISTRICT
Case Type Indicator: Condemnation
File No. 55-CV-19-7626
CITY OF ROCHESTER, a Minnesota Municipal Corporation, on behalf of Rochester Public Utility Board,
Petitioner,
vs.
ARNOLD CANE, a single person;
and OLMSTED COUNTY,
Respondents.
TO THE ABOVE-NAMED RESPONDENTS:
PLEASE TAKE NOTICE that The City of Rochester, Minnesota, a Minnesota municipal corporation, acting through its Public Utility Board (RPU) intends to take title to and possession of the property described in Exhibit "A" attached hereto on or before April 1, 2020, and that the City shall, pursuant to Minnesota Statutes § 117.042, take steps to acquire and possess the same on that date.
If good and marketable title to said real estate is presented to RPU by the respondents prior to April 1, 2020, then RPU's approved appraisal value will be paid by RPU directly to the owners of the parcels, but otherwise will be deposited with the Court.
At a date and time provided in a Petition for Condemnation that has been filed with the Olmsted County District Court and will be served upon you in the near future, the Petitioner will bring before the Court a motion asking for an order permitting RPU to pay the owners of the property described in Exhibit "A" or to deposit RPU's approved appraisal amount into Court, thereby transferring title and the right to possession of said real estate to the Petitioner, effective on or before April 1, 2020, of said real estate.
Neither payment to the owner as described above nor deposit into Court of RPU's approved appraisal amount, pursuant to Minn. Stat. §117.042 shall prejudice or affect the right of the owners to contend for further payment in this proceeding.
Notwithstanding anything to the contrary contained herein, should tests or evaluations undertaken by or on behalf of Petitioner indicate the possible presence of pollutants, contaminations, or hazardous substances on any of the real estate described in Exhibit "A", Petitioner reserves the right to defer effecting the transfer of title of any of the real estate described in Exhibit "A" for a reasonable time until Petitioner can evaluate whether it wishes to proceed with the taking, abandon these proceedings and dismiss the petition herein, or otherwise respond to such information.
Dated at Rochester, Minnesota this 13th day of December, 2019.
City of Rochester
Jason T. Loos
City Attorney
/s/ Michael Spindler-Krage
Assistant City Attorney
License Reg. #288305
201 4th Street SE, Room 247
Rochester, MN 55904
(507)328-2100
Attorney for Petitioner
ACKNOWLEDGEMENT
Petitioner, City of Rochester, acknowledges that costs, disbursements, and reasonable attorney witness fees my be awarded to the Defendants pursuant to Minn. Stat. §549.211.
/s/ Michael Spindler-Krage
Assistant City Attorney
EXHIBIT A
Cane Parcel
That part of the North 341 feet of the North 341 feet of the East 1043 feet of the South half of the Northeast Quarter, Section 12, Township 106 North, Range 14 West, Olmsted County, Minnesota, described as follows: Commencing at the Northeast corner of said South one half; thence South 89 degrees 45 minutes 55 seconds West, assumed bearing, along the North lone of said South half, 50.00 feet to the point of beginning; thence South 89 degrees 45 minutes 55 seconds West, along said North line, 450.00 feet; thence South 00 degrees 09 minutes 35 seconds East, parallel with and 500 feet West of the East line of said South on half, 70.00 feet South of the North line of said South half, 415.26 feet; thence South 28 degrees 20 minutes 16 seconds East, 131.25 feet; thence North 08 degrees 29 minutes 58 seconds West, 187.72 feet to the point of beginning. Containing 0.79 acres, more or less.
And also: The East 500.00 feet of the North 679.20 feet of the South one-half of the Northeast Quarter of Section 12, Township 106 North, Range 14 West, Olmsted County, Minnesota, except that part described as follows:
Beginning at the northeast corner of said South one-half; thence North 89 degrees 56 minutes 31 seconds West, assumed bearing, along the north line of said South one-half, 500.00 feet, thence South 00 degrees 06 minutes 59 seconds West, parallel with and 500.00 feet west if the east line of said South one-half, 70.00 feet; thence South 89 degrees, 56 minutes 31 seconds east, parallel with and 70.00 feet south of the north line of said South one-half, 415.26 feet; thence South 28 degrees 03 minutes 42 seconds East, 131.25 feet; thence South 08 degrees 13 minutes 24 seconds East, 157.00 feet ti the east of said South one-half; thence North 00 degrees 06 minutes 59 seconds West along said east line, 341.13 feet to the point of beginning.
Also except the following property: Commencing at the northeast corner of said South one-half; thence South 00 degrees 06 minutes 59 seconds West, assumed bearing, along the east line of said Northeast Quarter, 341.13 feet for a point of beginning; thence continue South 00 degrees 06 minutes 59 seconds West along said east line, 81.20 feet to the north line of Block 1, VILLA PLACE (the next two courses are along the north and northwesterly sides of Block 1); thence North 89 degrees 55 minutes 02 seconds West, 100.58 feet, thence South 40 degrees 29 minutes 05 seconds West, 150.41 feet; thence North 00 degrees 06 minutes 59 seconds East, 196.33 feet; thence South 89 degrees 44 minutes 49 seconds East, 198.00 feet to the point of beginning.
Also except: All that part of VILLA PLACE, Rochester, Minnesota with lies westerly of the east line of the Northeast Quarter of said Section 12.
Containing in all 5.27 acres, more or less.
Fee title holder:
Arnold J Cane
Encumbrances: None
Taxes: Olmsted County
Karey Parcel
A part of the North 341 feet of the South one half of the Northwest Quarter, Section 7, Township 106 North, Range 13 West, Olmsted County, Minnesota, lying West of the center line of T.H. 52, described as follows: Beginning at the Northwest corner of said South half; thence South 00 degrees 09 minutes 35 seconds, East, assumed bearing, along the West line of said South Half 185.84 feet; thence North 89 degrees 58 minutes 37 seconds East 232.00 feet to the centerline of T.H. 52; thence Northwesterly, 212.44 feet, along a nontangential curve, concave to the East, having a radius of 4583.66, central angle of 02 degrees 39 minutes 20 seconds, and chord bears North 29 degrees 01 minutes 23 seconds West, 212.42 feet to the North line of said South Half; thence due West, 129.46 feet to the point of beginning, being subject to a driveway easement or ingress and egress over the Southerly 50.00 feet thereof. Containing 0.77 acres more or less.
Also, those parts of the North 341 feet of the East 1043 feet of the South Half of the Northeast Quarter, Section 12, Township 106 North, Range 14 West, Olmsted County, Minnesota, described as follows: Beginning at the Northeast corner of said South Half; thence South 00 degrees 09 minutes 35 seconds East, assumed bearing, along the East line of said South Half, 185.84 feet; thence South 89 degrees 58 minutes 37 seconds West, 22.76 feet, thence North 08 degrees 29 minutes 58 seconds West, 187.72 feet, to the North line of said South Half; thence North 89 degrees 46 minutes 55 seconds East, along the North line, SO.OD feet to the point of beginning, subject to a driveway easement for ingress and egress over the Southerly 50.00 feet thereof. Containing 0.15 acres more or less.
Fee title holder:
Arnold J. Cane
Encumbrances:
Arnold J. Cane, driveway easement
Taxes: Olmsted County
(12/17, 12/24, 12/31)

As published in the Rochester Post Bulletin

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