Summons
Publish June 15, 22, 29, 2012
SUMMONS
STATE OF MINNESOTA
COUNTY OF DOUGLAS
IN DISTRICT COURT
SEVENTH JUDICIAL DISTRICT
CASE TYPE: QUT
COURT FILE NO. 21-CV-12-738
Independent School District No. 206, a municipal subdivision under the laws of the State of Minnesota,
Plaintiff,
vs.
Unknown heirs of Knute Nelson; unknown heirs of Nicoline M. Nelson, a/k/a Nicholine M. Nelson; Jacob A. O. Preus, Executor of the Estate of Knute Nelson; J. A. O. Preus, Executor and Trustee under the Last Will and Testament of Knute Nelson; unknown heirs of Alfred A. Secord; unknown heirs of Margaret A. Secord; Ida G. Nelson; William Nelson; Henry Nelson; Iver Nelson; Margaret Nelson; Knute Nelson; The Norwegian Lutheran Church of America, a/k/a The Evangelical Lutheran Church; Knute Nelson Memorial Home, a Minnesota non-profit corporation, now known as Knute Nelson, a Minnesota corporation; Minneapolis, St. Paul and Sault Ste. Marie Railway Company; Charles K. Evans; unknown heirs of Reinhold Roth, a/k/a Reinhold A. Roth; Lydia Roth; Eugene Roth, Executor of the Estate of Reinhold Roth, a/k/a Reinhold A. Roth; unknown heirs of Eugene Roth; Merlin Roth and Audrey Roth, husband and wife, Marie Roth, n/k/a Marie Graybear, Personal Representative of the Estate of Eugene O. Roth, a/k/a Eugene Roth; Marie Roth, n/k/a Marie Graybear; Paul Roth; Dennis C. Conn; Monica Conn and Clair Conn, wife and husband; City of Alexandria; County of Douglas; State of Minnesota by and through the Board of Trustees of Minnesota State Colleges and Universities, on behalf of Alexandria Technical College, a/k/a State of Minnesota, on behalf of the Higher Education Board or the Higher Education Board’s Successor by Name Change; Halgram S. Evjen and Karoline Evjen, husband and wife; unknown heirs of Olena Evjen, a/k/a Mrs. Olena Evjen; Herman S. Evjen; Herman Schliep and Emma Schliep, husband and wife; Clara Boettcher and Otto Boettcher, wife and husband; unknown heirs of Thomas A. Syvrud; unknown heirs of Carrie Syvrud; W. L. Hass and Johanna Hass, husband and wife; and all of the unknown heirs of any of the above-named defendants that may be deceased; and all other persons unknown claiming any right, title, estate, interest in or lien upon the real estate described in the Complaint herein,
Defendants.
THIS SUMMONS IS DIRECTED TO DEFENDANTS.
1. YOU ARE BEING SUED. The Plaintiff has started a lawsuit against you. The Plaintiff’s Complaint against you is on file in the office of the Court Administrator of the above-named Court. Do not throw these papers away. They are official papers that affect your rights. You must respond to this lawsuit even though it may not yet be filed with the Court and there may be no court file number on this Summons.
2. YOU MUST REPLY WITHIN 20 DAYS TO PROTECT YOUR RIGHTS. You must give or mail to the person who signed this Summons a written response called an Answer within 20 days of the date on which you received this Summons. You must send a copy of your Answer to the person who signed this Summons located at:
710 Broadway, P.O. Box 787, Alexandria, MN 56308.
3. YOU MUST RESPOND TO EACH CLAIM. The Answer is your written response to the Plaintiff’s Complaint. In your Answer you must state whether you agree or disagree with each paragraph of the Complaint. If you believe the Plaintiff should not be given everything asked for in the Complaint, you must say so in your Answer.
4. YOU WILL LOSE YOUR CASE IF YOU DO NOT SEND A WRITTEN RESPONSE TO THE COMPLAINT TO THE PERSON WHO SIGNED THIS SUMMONS. If you do not Answer within 20 days, you will lose this case. You will not get to tell your side of the story, and the Court may decide against you and award the Plaintiff everything asked for in the Complaint. If you do not want to contest the claims stated in the Complaint, you do not need to respond. A default judgment can then be entered against you for the relief requested in the Complaint.
5. LEGAL ASSISTANCE. You may wish to get legal help from a lawyer. If you do not have a lawyer, The Court Administrator may have information about places where you can get legal assistance. Even if you cannot get legal help, you must still provide a written Answer to protect your rights or you may lose the case.
6. ALTERNATIVE DISPUTE RESOLUTION. The parties may agree to or be ordered to participate in an alternative dispute resolution process under Rule 114 of the Minnesota General Rules of Practice. You must still send your written response to the Complaint even if you expect to use alternative means of resolving this dispute.
7. THIS LAWSUIT MAY AFFECT OR BRING INTO QUESTION TITLE TO REAL PROPERTY located in Douglas County, State of Minnesota, legally described as follows:
Parcel A:
That part of the South Half of the Southeast Quarter (S 1/2 SE 1/4) of Section 19 and that part of the North Half of the Northeast Quarter (N 1/2 NE 1/4) of Section 30 and that part of the Northwest Quarter of the Northwest Quarter (NW 1/4 NW 1/4) of Section 29, all being within Township 128 North, Range 37 West, Douglas County, Minnesota, described as follows:
Commencing at the northeast corner of said Section 30;
thence South 88 degrees 40 minutes 00 seconds West, assumed bearing along the south line of said Section 19, a distance of 1419.20 feet to the east line of Jefferson Street;
thence South 01 degrees 20 minutes 00 seconds East, along said east line of Jefferson Street, 183.47 feet to Point “A”;
thence continuing South 01 degrees 20 minutes 00 seconds East, along said east line of Jefferson Street, 945.69 feet to the northerly line of 18th Avenue;
thence North 88 degrees 37 minutes 40 seconds East, along said northerly line of 18th Avenue, 513.96 feet;
thence North 02 degrees 28 minutes 11 seconds West 84.03 feet;
thence North 33 degrees 45 minutes 06 seconds East 88.13 feet;
thence North 02 degrees 12 minutes 41 seconds East 81.74 feet;
thence South 88 degrees 12 minutes 03 seconds East 39.71 feet to the point of beginning of the land to be described;
thence North 07 degrees 35 minutes 50 seconds East 236.51 feet;
thence North 01 degrees 39 minutes 00 seconds East 435.73 feet;
thence South 89 degrees 37 minutes 52 seconds West 181.71 feet;
thence North 01 degrees 40 minutes 48 seconds West 25.79 feet;
thence North 89 degrees 53 minutes 49 seconds West 485.36 feet to aforesaid Point “A”;
thence North 01 degrees 20 minutes 00 seconds West, along aforesaid east line of Jefferson Street, 183.47 feet to aforesaid south line of Section 19;
thence North 00 degrees 18 minutes 08 seconds East, along said east line of Jefferson Street, 658.07 feet;
thence North 00 degrees 10 minutes 25 seconds West, along said east line of Jefferson Street, 246.00 feet to the southwest corner of JEFFERSON CONDOMINIUM NO. 102, according to the recorded plat thereof;
thence South 89 degrees 58 minutes 34 seconds East, along said south line of JEFFERSON CONDOMINIUM NO. 102, a distance of 152.17 feet to the southeast corner of said JEFFERSON CONDOMINIUM NO. 102;
thence South 89 degrees 52 minutes 32 seconds East 862.50 feet to a point on the westerly right-of-way line of Lake Street, said point being on a 1409.44 foot radius curve, which center of circle bears North 84 degrees 02 minutes 39 seconds East;
thence southeasterly, along said westerly right-of-way line and along said curve, central angle 22 degrees 13 minutes 13 seconds, 546.60 feet;
thence South 28 degrees 10 minutes 33 seconds East, along tangent and along said westerly line of Lake Street and its southeasterly extension, 796.39 feet to the west line of Nokomis Street;
thence South 00 degrees 14 minutes 21 seconds West, along said west line of Nokomis Street, 539.57 feet to a line bearing North 88 degrees 44 minutes 53 seconds East from the point of beginning;
thence South 88 degrees 44 minutes 53 seconds West 922.54 feet to the point of beginning.
The tract contains 44.15 acres more or less.
Parcel B:
That part of the Northeast Quarter of the Northeast Quarter (NE 1/4 NE 1/4) of Section 30 and that part of the Northwest Quarter of the Northwest Quarter (NW 1/4 NW 1/4) of Section 29, all being within Township 128 North, Range 37 West, Douglas County, Minnesota, described as follows:
Commencing at the northeast corner of said Section 30;
thence South 88 degrees 40 minutes 00 seconds West, assumed bearing along the south line of said Section 19, a distance of 1419.20 feet to the east line of Jefferson Street;
thence South 01 degrees 20 minutes 00 seconds East, along said east line of Jefferson Street, 183.47 feet to Point “A”;
thence continuing South 01 degrees 20 minutes 00 seconds East, along said east line of Jefferson Street, 945.69 feet to the northerly line of 18th Avenue;
thence North 88 degrees 37 minutes 40 seconds East, along said northerly line of 18th Avenue, 513.96 feet to the point of beginning of the land to be described;
thence North 02 degrees 28 minutes 11 seconds West 84.03 feet;
thence North 33 degrees 45 minutes 06 seconds East 88.13 feet;
thence North 02 degrees 12 minutes 41 seconds East 81.74 feet;
thence South 88 degrees 12 minutes 03 seconds East 39.71 feet;
thence North 88 degrees 44 minutes 53 seconds East 922.54 feet to the west line of Nokomis Street;
thence South 00 degrees 14 minutes 21 seconds West, along said west line of Nokomis Street, 125.57 feet to the north line of Block Three, ASPEN GROVE TOWNHOMES, according to the recorded plat thereof;
thence North 89 degrees 45 minutes 45 seconds West, along said north line of Block Three, a distance of 111.11 feet;
thence South 88 degrees 37 minutes 43 seconds West, along said north line of Block Three, a distance of 61.29 feet to the west line of said Block Three;
thence South 01 degrees 28 minutes 49 seconds East, along said west line of Block Three, a distance of 111.14 feet to aforesaid northerly line of 18th Avenue;
thence South 88 degrees 37 minutes 40 seconds West, along said northerly line of 18th Avenue, a distance of 840.71 feet to the point of beginning.
The tract contains 4.89 acres more or less.
The object of this action is to obtain judgment declaring that the Plaintiff is the owner of the land described above; and that the defendants, and each of them, have no interest or estate in said land, nor lien thereon, except as otherwise stated in the Complaint.
Notice is further given that no personal claim is made by Plaintiffs against any of the defendants.
Dated this 11th day of June, 2012.
SWENSON LERVICK
SYVERSON TROSVIG
JACOBSON SCHULTZ, P.A.
By /s/ Gary I. Syverson
Attorneys for Plaintiff
710 Broadway, P.O. Box 787
Alexandria, MN 56308
(320) 763-3141
Atty. Registration #108133
1487803
Tags: legals
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