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CONDEMNATION STATE OF MINNESOTA COUNTY O

CONDEMNATION STATE OF MINNESOTA COUNTY OF OLMSTED IN DISTRICT COURT THIRD JUDICIAL DISTRICT COURTState of Minnesota, by its Commissioner of Transportation, Petitioner, vs. Cheryl A. Lane 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 14, 2023, at 1:45 pm., or as soon thereafter as counsel can be heard, before Judge Christina K. Stevens, via remote hearing, from the Courthouse at Rochester, Olmsted 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. You are notified this matter is set for a remote hearing. This hearing will not be in person at the courthouse. The remote hearing may be accessed by video at https://Zoomgov.com/join, or by phone at 833-568-8864. For either method, the Meeting ID is 160 518 7629 and the Meeting Password is 660246. 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 April 18, 2023. YOU, AND EACH OF YOU, ARE FURTHER NOTIFIED, that all persons occupying the property described in the petition must VACATE THE AREA BEING ACQUIRED AND MOVE ALL OF YOUR PERSONAL PROPERTY FROM THE AREA BEING ACQUIRED ON OR BEFORE APRIL 18, 2023. All advertising signs or devices located on the property being acquired must be removed by April 18, 2023. 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: 12/7/22 KEITH ELLISON Attorney General State of Minnesota s/William Young WILLIAM YOUNG Assistant Attorney General Atty. Reg. No. 0393502 445 Minnesota Street, Suite 1800 St. Paul, Minnesota 55101-2128 (651) 757-1386 (Voice) (651) 297-1235 (Fax) william.young@ag.state.mn.us ATTORNEY FOR PETITIONER CONDEMNATION STATE OF MINNESOTA COUNTY OF OLMSTED IN DISTRICT COURT THIRD JUDICIAL DISTRICT State of Minnesota, by its Commissioner of Transportation, Petitioner, vs. Cheryl A. Lane, Ted Hammell, County of Olmsted, Reed Properties Management & Investments, LLC, Foresight Bank, Everett Wright, Everett Wright, as trustee of Everett M. Wright Trust U/A Dated October 14, 2019, KT Real Estate Holdings, LLC, successor in interest by corporate merger, consolidation, amendment, or conversion to Convenience Store Investments, a Wisconsin limited partnership; CSI MergeCo LLC, a Delaware limited liability company; and CSI SUB, LLC, a Delaware limited liability company, doing business as Kwik Trip Real Estate Holdings, LLC, a Delaware limited liability 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 - - - - - PETITION - - - - - To the District Court above named the State of Minnesota brings this Petition and respectfully states and alleges: I. That Trunk Highway Legislative Route numbered 77, which has been renumbered 30, and which has been located according to law and passes over the lands herein described. That it is duly covered by Right of Way Plat Order numbered 99612. 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 all trees, shrubs, grass and herbage within the right of way herein to be taken, and to keep and have the exclusive control of the same, to acquire from the owners whose lands front thereon any existing right of access to said highway in those cases which are herein particularly mentioned, and to keep and have the exclusive control of all access to said highway, and further, 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. III. That the following described lands in these proceedings taken are situated in Olmsted 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 268 C.S. 5505 (30=77) 901 S.P. 5505-27RW All of the following: That part of the Northwest Quarter of the Southwest Quarter, of Section 31, Township 105 North, Range 11 West, shown as Parcel 268 on Minnesota Department of Transportation Right of Way Plat Numbered 55-127 as the same is on file and of record in the office of the County Recorder in and for Olmsted County, Minnesota; containing 0.86 acre, more or less, which is encumbered in its entirety by an existing highway easement; together with other rights as set forth below, forming and being part of said Parcel 268: Access: All right of access as shown on said plat by the access control symbol(s). Temporary Easement: A temporary easement for highway purposes as shown on said plat as to said Parcel 268 by the temporary easement symbol, said easement shall cease on December 1, 2025, 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: Cheryl A. Lane Fee Ted Hammell Lessee County of Olmsted Taxes Parcel 268A C.S. 5505 (30=77) 901 S.P. 5505-27RW All of the following: A temporary easement for highway purposes in that part of Lot 10, Block 2, BERNARDS FIRST ADDITION, shown as Parcel 268A on Minnesota Department of Transportation Right of Way Plat Numbered 55-127 as the same is on file and of record in the office of the County Recorder in and for Olmsted County, Minnesota, by the temporary easement symbol, said easement shall cease on December 1, 2025, 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: Reed Properties Management & Investments, LLC Fee Cheryl A. Lane Claimant of Fee Foresight Bank Mortgage County of Olmsted Taxes FEE ACQUISITION Parcel 268B C.S. 5505 (30=77) 901 S.P. 5505-27RW All of the following: That part of the Northwest Quarter of the Southwest Quarter, of Section 31, Township 105 North, Range 11 West, shown as Parcel 268B on Minnesota Department of Transportation Right of Way Plat Numbered 55-127 as the same is on file and of record in the office of the County Recorder in and for Olmsted County, Minnesota; containing 0.82 acre, more or less, of which 0.61 acre is encumbered by an existing highway easement; together with other rights as set forth below, forming and being part of said Parcel 268B: Access: All right of access as shown on said plat by the access control symbol(s). Temporary Easement: A temporary easement for highway purposes as shown on said plat as to said Parcel 268B by the temporary easement symbol, said easement shall cease on December 1, 2025, 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: Cheryl A. Lane Fee Everett Wright Claimant of an Interest Everett Wright, as trustee of Everett M. Wright Trust U/A Dated October 14, 2019 Claimant of an Interest County of Olmsted Taxes Parcel 268C C.S. 5505 (30=77) 901 S.P. 5505-27RW All of the following: A temporary easement for highway purposes in that part of Outlot A of BERNARDS FIRST ADDITION, shown as Parcel 268C on Minnesota Department of Transportation Right of Way Plat Numbered 55-127 as the same is on file and of record in the office of the County Recorder in and for Olmsted County, Minnesota, by the temporary easement symbol, said easement shall cease on December 1, 2025, 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: Everett Wright, as trustee of Everett M. Wright Trust U/A Dated October 14, 2019 Fee Cheryl A. Lane Possible Claimant of an Interest County of Olmsted Taxes FEE ACQUISITION Parcel 268D C.S. 5505 (30=77) 901 S.P. 5505-27RW All of the following: That part of the Northwest Quarter of the Southwest Quarter, of Section 31, Township 105 North, Range 11 West, shown as Parcel 268D on Minnesota Department of Transportation Right of Way Plat Numbered 55-127 as the same is on file and of record in the office of the County Recorder in and for Olmsted County, Minnesota; containing 0.27 acre, more or less, of which 0.24 acre is encumbered by an existing highway easement; together with other rights as set forth below, forming and being part of said Parcel 268D: Access: All right of access as shown on said plat by the access control symbol(s). Temporary Easement: A temporary easement for highway purposes as shown on said plat as to said Parcel 268D by the temporary easement symbol, said easement shall cease on December 1, 2025, 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: Cheryl A. Lane Fee Everett Wright, as trustee of Everett M. Wright Trust U/A Dated October 14, 2019 Possible Claimant of an Interest County of Olmsted Taxes Everett Wright Occupant Parcel 369 C.S. 5505 (30=77) 901 S.P. 5505-27RW All of the following: A temporary easement for highway purposes in that part of Lots 1 and 2, Block 1, VAL A FIRST ADDITION, shown as Parcel 369 on Minnesota Department of Transportation Right of Way Plat Numbered 55-127 as the same is on file and of record in the office of the County Recorder in and for Olmsted County, Minnesota, by the temporary easement symbol, said easement shall cease on December 1, 2025, 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: KT Real Estate Holdings, LLC, successor in interest by corporate merger, consolidation, amendment, or conversion to Convenience Store Investments, a Wisconsin limited partnership; CSI MergeCo LLC, a Delaware limited liability company; and CSI SUB, LLC, a Delaware limited liability company, doing business as Kwik Trip Real Estate Holdings, LLC, a Delaware limited liability company Fee County of Olmsted Taxes and Special Assessments FEE ACQUISITION Parcel 369C C.S. 5505 (30=77) 901 S.P. 5505-27RW All of the following: That part of the Northwest Quarter of the Southwest Quarter, of Section 31, Township 105 North, Range 11 West, shown as Parcel 369C on Minnesota Department of Transportation Right of Way Plat Numbered 55-127 as the same is on file and of record in the office of the County Recorder in and for Olmsted County, Minnesota; containing 0.06 acre, more or less, which is encumbered in its entirety by an existing highway easement; together with other rights as set forth below, forming and being part of said Parcel 369C: Access: All right of access as shown on said plat by the access control symbol(s). Temporary Easement: A temporary easement for highway purposes as shown on said plat as to said Parcel 369C by the temporary easement symbol, said easement shall cease on December 1, 2025, 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: Cheryl A. Lane Fee KT Real Estate Holdings, LLC, successor in interest by corporate merger, consolidation, amendment, or conversion to Convenience Store Investments, a Wisconsin limited partnership; CSI MergeCo LLC, a Delaware limited liability company; and CSI SUB, LLC, a Delaware limited liability company, doing business as Kwik Trip Real Estate Holdings, LLC, a Delaware limited liability company Claimant of Fee County of Olmsted Taxes and Special Assessments 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: October 25, 2022 KEITH ELLISON Attorney General State of Minnesota s/William Young WILLIAM YOUNG Assistant Attorney General Atty. Reg. No. 0393502 445 Minnesota Street, Suite 1800 St. Paul, Minnesota 55101-2128 (651) 757-1386 (Voice) (651) 297-1235 (Fax) william.young@ag.state.mn.us ATTORNEY FOR PETITIONER 100896 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: October 25, 2022 KEITH ELLISON Attorney General State of Minnesota s/William Young WILLIAM YOUNG Assistant Attorney General Atty. Reg. No. 0393502 445 Minnesota Street, Suite 1800 St. Paul, Minnesota 55101-2128 (651) 757-1386 (Voice) (651) 297-1235 (Fax) william.young@ag.state.mn.us ATTORNEY FOR PETITIONER (Dec. 13, 20 & 27, 2022) 129649