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1273844 Summons - Property Title

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Summons

Publish June 24, July 1, 8, 2011

SUMMONS

STATE OF MINNESOTA

COUNTY OF DOUGLAS

DISTRICT COURT

SEVENTH JUDICIAL DISTRICT

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CIVIL COURT DIVISION

COURT FILE NO. 21-CV-10-306

Osakis Trailblazers Saddle Club, Inc.,

Plaintiff,

vs.

State of Minnesota, acting by and through its Department of Transportation, State of Minnesota, acting by and through its Department of Natural Resources; Gilbert Sargent, Martin V.B. Sargent, Charles L. Gilbert a.k.a. C.L. Gilbert, H.A. Shedd, G.W. Stair, Michael J. Finnegan, Minnie M. Gillett, Fred W. Gillett, Pearl M. Sharp and Mamie M. Sharp, Bart O'Neil and Annie A. O'Neil, Nels M. Evenson, Christina Nelson, Thomas P. O'Neil, Kathryn O'Neil, Thomas O'Neil, Daniel J. O'Neil, Grace M. Sikking, Nellie Ann Trisko, Lillian T. Patrick, Agnes Green, Northern States Power Company, Village of Osakis, Farmers Union Grain Terminal Association, Harvest States Cooperative, DuWayne A. Marquette, Geneva K. Marquette, Katheryne L. O'Neil, First American Bank & Trust of Alexandria, Bremer Bank, National Association, Xcel Energy, Inc., Donald J. Meyer, Shirley A. Meyer, Andrew A. Herickhoff, Transport Incorporated, Donald D. Koopman, Karen A. Koopman, JRT Leasing Incorporated, also the unknown heirs of the above-named individuals, and all other persons unknown claiming any right, title, estate, interest or lien in the real estate described in the Complaint herein.

Defendants.

THE STATE OF MINNESOTA TO THE ABOVE-NAMED DEFENDANTS:

You are hereby summoned and required to serve upon the Plaintiffs' attorney an Answer to the Complaint, which is herewith served upon you, within twenty (20) days after service of the Summons upon you, exclusive of the day of service. If you fail to do so, Judgment by default will be taken against you for the relief demanded in the Complaint.

This action involves, affects, or brings into question real property situated in the County of Douglas, State of Minnesota, described as follows:

That part of Government Lot 3, Section 36, Township 128 North, Range 36 West, Douglas County, Minnesota, described as follows:

Commencing at the southeast corner of that land as described in Exhibit "A" of Document No. 205937 and of record in the office of the Douglas County Recorder;

Thence on a record bearing of North 04 degrees 35 minutes 23 seconds East along the east line of said land as described in Exhibit "A" of Document No. 205937 and its northerly extension 471.02 feet to the point of beginning of the land to be described;

Thence South 88 degrees 34 minutes 58 seconds West 341.18 feet to the easterly right of way line of Trunk Highway No. 127;

Thence northeasterly along said right of way line and along a non-tangential curve, concave to the southeast, radius 2788.95 feet, central angle 09 degrees 39 minutes 00 seconds 469.73 feet, the chord of said curve bears North 40 degrees 18 minutes 03 seconds East 469.18;

Thence North 45 degrees 07 minutes 32 seconds East along tangent and along said right of way line 100.71 feet to the intersection of said northerly extension of the east line of that land as described in Exhibit "A" of Document No. 205937;

Thence South 04 degrees 35 minutes 23 seconds West along said northerly extension 421.79 feet to the point of beginning.

Containing 1.76 acres more or less.

TOGETHER WITH

An easement for ingress and egress purposes over, under and across that part of Government Lot 3, Section 36, Township 128 North, Range 36 west, Douglas County, Minnesota, described as follows:

Commencing at the southeast corner of that land as described in Exhibit "A" of Document No. 205937 and of record in the office of the Douglas County Recorder;

Thence on a record bearing of North 04 degrees 35 minutes 23 seconds East along the east line of said land as described in Exhibit "A" of Document No. 205937 and its northerly extension 471.02 feet;

Thence South 88 degrees 34 minutes 58 seconds West 265.69 feet to the point of beginning of the easement to be described;

Thence continuing South 88 degrees 34 minutes 58 seconds West 75.49 feet to the easterly right of way line Trunk Highway No. 127;

Thence southwesterly along said right of way line and along a non-tangential curve, concave to the southeast, radius 2788.95 feet, central angle 11 degrees 16 minutes 31 seconds 548.84 feet, the chord of said curve bears South 29 degrees 50 minutes 17 seconds West 547.96 feet to the southwest corner of said land as described in Exhibit "A" of Document No. 205937;

Thence North 88 degrees 34 minutes 58 seconds East along the south line of said land as described in Exhibit "A" of Document No. 205937 a distance of 66.71 feet;

Thence northeasterly and parallel with said easterly right of way line and along a non-tangential curve, concave to the southeast, radius 2728.95 feet, central angle 11 degrees 37 minutes 17 seconds 553.52 feet to the point of beginning, the chord of said curve bears North 30 degrees 36 minutes 59 seconds East 552.57 feet.

The object of this action is to obtain Judgment declaring that Plaintiff is the owner in fee simple absolute of the above-described premises, and that the Defendants, and each of them, have no interest or estate in said property, nor lien thereon.

NOTICE IS FURTHER GIVEN that no personal claim is made by Plaintiff against any of the Defendants.

The State of Minnesota has certain rights to all land which abuts any navigable body of water, which does apply to the parcel that is the subject of this action. Title is subject to the proprietary and sovereign rights of the State of Minnesota in all that portion of the land lying below the natural ordinary high water mark thereof, not intending, however, to deprive fee owners of the usual riparian rights that attach to the land riparian to a navigable public body of water incident to the ownership thereof.

Civil cases are subject to Alternative Dispute Resolution processes as provided in Rule 114 of the General Rules of Practice for the District Courts. Alternative Dispute Resolution includes mediation, arbitration, and other processes set forth in the rules. You may contact the Court Administrator for information about these processes and about resources available in your area.

Dated this 12th day of May, 2011.

G. MARLENE CLARK, P.A.

/s/ G. Marlene Clark

Attorney at Law

25 3rd Street South

Long Prairie, MN 56347

Tel: 320-732-2918

Attorney I.D. 0293544

1273844

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