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STATE OF MINNESOTA DISTRICT COURT COUNTY

STATE OF MINNESOTA DISTRICT COURT COUNTY OF BELTRAMI NINTH JUDICIAL DISTRICT COURT FILE NO. 04-CV-22-152 CASE TYPE: CONDEMNATION State of Minnesota, by its Commissioner of Transportation, Petitioner, vs. Paul Bunyan Rural Telephone 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 MAY 18, 2022, at 2:00 o’clock PM., or as soon thereafter as counsel can be heard, before The Honorable Shari R. Schluchter, from the Courthouse at Bemidji, Beltrami 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. This hearing will not be in person at the courthouse. Instructions for attending the remote hearing can be obtained from Beltrami County Administration. 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 June 22, 2022. 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 JUNE 22, 2022. All advertising signs or devices located on the property being acquired must be removed by June 22, 2022. 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: January 27, 2022 KEITH ELLISON Attorney General State of Minnesota s/Mathew Ferche MATHEW FERCHE Assistant Attorney General Atty. Reg. No. 0391282 445 Minnesota Street, Suite 1400 St. Paul, Minnesota 55101-2131 (651) 757-1457 (Voice) (651) 297-4077 (Fax) mathew.ferche@ag.state.mn.us ATTORNEY FOR PETITIONER COUNTY OF BELTRAMI NINTH JUDICIAL DISTRICT COURT FILE NO. 04-CV-22-152 State of Minnesota, by its Commissioner of Transportation, Petitioner, vs. Paul Bunyan Rural Telephone, United States of America Department of Agriculture Rural Utilities Service, CoBank, ACB, County of Beltrami, Sanford Health of Northern Minnesota, formerly known as North Country Health Services, The First National Bank in Sioux Falls, 4B Properties, LLC, Tonya Eglinton, RCMT LLC, Security Bank USA, formerly known as Security State Bank of Bemidji, Nathan Kuechenmeister, 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 71, being Route numbered 004, 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 99251, Definite Location Order numbered 55500, and Temporary Easement Order numbered 99283. 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, as to Parcel 202, and to acquire a temporary easement in those cases which are herein particularly mentioned. With reference to Parcel 201A, there appears five (5) mortgages executed by Paul Bunyan Rural Telephone Cooperative, as mortgagor, to the United States of America, acting through the Rural Utilities Services, United States Department of Agriculture, mortgagee, and filed in the office of the County Recorder in Beltrami, Minnesota, as follows: Dated: August 2, 1999 Date Filed: September 10, 1999 Document No.: 393943 Dated: December 1, 2003 Date Filed: January 14, 2004 Document No.: 437822 Dated: October 25, 2007 Date Filed: January 22, 2008 Document No.: 480859 Dated: September 26, 2011 Date Filed: June 13, 2012 Document No.: 521697 Dated: July 5, 2017 Date Filed: November 8, 2017 Document No.: 568119 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 Beltrami 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: Parcel 201A C.S. 0410 (71=4) 901 S.P. 0410-50RW All of the following: A temporary easement for highway purposes in that part of Southeast Quarter of the Northeast Quarter of Section 31, Township 147 North, Range 33 West, shown as Parcel 201A on Minnesota Department of Transportation Right of Way Plat Numbered 04-47 as the same is on file and of record in the office of the County Recorder in and for Beltrami County, Minnesota, by the temporary easement symbol, said easement shall cease on December 1, 2023, 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: Paul Bunyan Rural Telephone Fee United States of America Department of Agriculture Mortgage Rural Utilities Service CoBank, ACB County of Beltrami Taxes and Special Assessments FEE ACQUISITION Parcel 202 C.S. 0410 (71=4) 901 S.P. 0410-50RW All of the following: That part of Lot 1, Block 1, SANFORD COMMONS, and the Northwest Quarter of the Southwest Quarter of Section 32, Township 147 North, Range 33 West, shown as Parcel 202 on Minnesota Department of Transportation Right of Way Plat Numbered 04-47 as the same is on file and of record in the office of the County Recorder in and for Beltrami County, Minnesota; containing 4.80 acres, more or less, of which 1.20 acres is encumbered by an existing highway easement; together with other rights as set forth below, forming and being part of said Temporary Easement: A temporary easement for highway purposes as shown on said plat as to said Parcel 202 by the temporary easement symbol, said easement shall cease on December 1, 2023, 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: Sanford Health of Northern Minnesota, formerly known as North Country Health Services Fee The First National Bank in Sioux Falls Mortgage and Financing Statement County of Beltrami Taxes Parcel 210B C.S. 0410 (71=4) 901 S.P. 0410-50RW The right to use that part of Tract A described below for highway purposes, which right shall cease on December 1, 2023, or on such earlier date upon which the Commissioner of Transportation determines by formal order that it is no longer needed for highway purposes: Tract A. That part of the Northwest Quarter of the Northwest Quarter of Section 29, Township 147 North, Range 33 West, Beltrami County, Minnesota, described as follows: Beginning at the Northwest corner of said Northwest Quarter of the Northwest Quarter; thence South 00 degrees 46 minutes 36 seconds West, assumed bearing, along the West line of said Northwest Quarter of the Northwest Quarter a distance of 724.35 feet to the North line of the South 590.00 feet of said Northwest Quarter of the Northwest Quarter; thence South 88 degrees 33 minutes 24 seconds East along said North line a distance of 254.41 feet; thence North 27 degrees 16 minutes 47 seconds East a distance of 174.65 feet; thence South 74 degrees 03 minutes 28 seconds East a distance of 387.39 feet to the Westerly right of way line of State Trunk Highway No. 71 as relocated in 1976; thence North 24 degrees 49 minutes 04 seconds East along said right of way line a distance of 721.36 feet to the North line of said Section 29; thence North 88 degrees 26 minutes 44 seconds West along said North line a distance of 1,000.19 feet to the point of beginning; excepting therefrom Trunk Highway No. 71 as now located and established; which lies northerly and easterly of the following described line: Beginning at a point on the southeasterly line of Tract A hereinbefore described, distant 20 feet southwesterly of the northeast corner of thereof; thence northwesterly to a point distant 33 feet south (measured at right angles) of the north line of said Tract A, and distant 20 feet northwesterly of the westerly right of way line of said Trunk Highway No. 71 and its southwesterly extension; thence westerly parallel with said north line, to a point distant 100 feet northwesterly (measured at right angles) of said westerly right of way line and its southwesterly extension, and there terminating; containing 0.11 acre, more or less. Names of parties interested in the above described land and nature of interest: 4B Properties, LLC Fee Tonya Eglinton Lessee County of Beltrami Taxes and Special Assessments Parcel 211 C.S. 0410 (71=4) 901 S.P. 0410-50RW The right to use that part of Tract A described below for highway purposes, which right shall cease on December 1, 2023, or on such earlier date upon which the Commissioner of Transportation determines by formal order that it is no longer needed for highway purposes: Tract A. That part of the Southwest Quarter of the Southwest Quarter of Section20, Township 147 North, Range 33 West, Beltrami County, Minnesota, less that portion deeded to the State of Minnesota for Highway purposes as shown in Final Certificate dated January 28, 1980, by Microfilm No. 260148; also excepting therefrom Trunk Highway No. 71 as now located and established; which lies easterly and southerly of the following described line: Beginning at a point on the south line of Tract A hereinbefore described, distant 100 feet northwesterly (measured at right angles) of the southwesterly extension of the east line thereof; thence northeasterly parallel to said east line to a point distant 33 feet north (measured at right angles) of the south line of said Tract A; thence easterly parallel with said south line to said east line and there terminating; containing 0.08 acre, more or less. Names of parties interested in the above described land and nature of interest: RCMT LLC Fee Security Bank USA, formerly known as Security State Bank of Bemidji Mortgage Nathan Kuechenmeister Lessee County of Beltrami 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: January 19, 2022 KEITH ELLISON Attorney General State of Minnesota s/Mathew Ferche MATHEW FERCHE Assistant Attorney General Atty. Reg. No. 0391282 445 Minnesota Street, Suite 1800 St. Paul, Minnesota 55101-2134 (651) 757-1457 (Voice) (651) 297-4077 (Fax) mathew.ferche@ag.state.mn.us ATTORNEY FOR PETITIONER 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: January 19, 2022 KEITH ELLISON Attorney General State of Minnesota s/Mathew Ferche MATHEW FERCHE Assistant Attorney General Atty. Reg. No. 0391282 445 Minnesota Street, Suite 1800 St. Paul, Minnesota 55101-2134 (651) 757-1457 (Voice) (651) 297-4077 (Fax) mathew.ferche@ag.state.mn.us ATTORNEY FOR PETITIONER (Feb. 2, 9 & 16, 2022) 28620