Summons Publish June 16, 23, 30, 2021 STATE OF MINNESOTA COUNTY OF DOUGLAS IN DISTRICT COURT SEVENTH JUDICIAL DISTRICT CASE TYPE: QUT COURT FILE NO.
Summons
Publish June 16, 23, 30, 2021
STATE OF MINNESOTA
COUNTY OF DOUGLAS
IN DISTRICT COURT
SEVENTH JUDICIAL DISTRICT
CASE TYPE: QUT
COURT FILE NO. 21-CV-21-596
PointLand, LLC, a Minnesota limited liability company,
Plaintiff,
vs.
Louis Navratil; State of Minnesota; Smith Distributing Company, Inc., a/k/a Smith Distributing Company; Thomas L. Houck, as Trustee of the Thomas L. Houck Revocable Trust Agreement dated October 24, 2012; Teresa A. Houck, as Trustee of the Teresa A. Houck Revocable Trust Agreement dated October 24, 2013; Ronald L. Steen; Kevin M. Cunningham, a/k/a Kevin Michael Cunningham; Marcos Gomez Properties XIX LLC, a Minnesota limited liability company; 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 21 DAYS TO PROTECT YOUR RIGHTS. You must give or mail to the person who signed this Summons a written response called an Answer within 21 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 21 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:
See Exhibit A attached hereto and made a part hereof.
EXHIBIT A
That part of the Southeast Quarter of the Southeast Quarter (SE¼ SE¼) of Section 36, Township 128 North, Range 38 West and that part of the Northeast Quarter of the Northeast Quarter (NE¼ NE¼) of Section 1, Township 127 North, Range 38 West, all being within Douglas County, Minnesota, described as follows:
Commencing at the southeast corner of said Section 36;
thence South 89 degrees 48 minutes 20 seconds West, record bearing along the south line of said Section 36, a distance of 830.15 feet to the point of beginning of the land to be described;
thence North 00 degrees 01 minutes 03 seconds East 911.24 feet to the southwest corner of the land described in Document No. 55582;
thence North 00 degrees 32 minutes 46 seconds East, along the west line of 48th Avenue, a distance of 55.68 feet to the southwest corner of SEABIRD ADDITION, according to the recorded plat thereof;
thence North 00 degrees 00 minutes 05 seconds West, along the west line of said SEABIRD ADDITION, a distance of 353.49 feet to the north line of said Southeast Quarter of the Southeast Quarter (SE¼ SE¼) of Section 36;
thence South 89 degrees 44 minutes 03 seconds West, along said north line of the Southeast Quarter of the Southeast Quarter (SE¼ SE¼), a distance of 507.47 feet to the northwest corner of said Southeast Quarter of the Southeast Quarter (SE¼ SE¼);
thence South 00 degrees 03 minutes 59 seconds West, along the west line of said Southeast Quarter of the Southeast Quarter (SE¼ SE¼), a distance of 1182.88 feet to the northerly right-of-way line of Interstate Highway No. 94;
thence South 67 degrees 42 minutes 11 seconds East, along said northerly right-of-way line of Interstate Highway No. 94, a distance of 6.93 feet;
thence South 73 degrees 02 minutes 28 seconds East, along said northerly right-of-way line of Interstate Highway No. 94, a distance of 186.97 feet;
thence southeasterly, along a non-tangential curve concave to the northeast and along said northerly right-of-way line of Interstate Highway No. 94, central angle 03 degrees 28 minutes 33 seconds, radius 2764.93 feet, 167.74 feet, chord bearing South 71 degrees 10 minutes 25 seconds East, chord distance 167.71 feet;
thence southeasterly, along non-tangential curve concave to the northeast and along said northerly right-of-way line on Interstate Highway No. 94, central angle 09 degrees 13 minutes 34 seconds, radius 1045.92 feet, 168.42 feet, chord bearing South 77 degrees 11 minutes 02 seconds East, chord distance 168.24 feet, to a line bearing South 00 degrees 01 minutes 03 seconds West from the point of beginning;
thence North 00 degrees 01 minutes 03 seconds East 13.44 feet to the point of beginning.
The tract contains 14.73 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 thereof.
Notice is further given that no personal claim is made by Plaintiff against any of the Defendants.
Dated this 9th day of June, 2021.
SWENSON LERVICK SYVERSON
TROSVIG JACOBSON CASS, P.A.
By /s/ Michael J. Cass
Michael J. Cass
Attorneys for Plaintiff
710 Broadway, P.O. Box 787
Alexandria, MN 56308
(320) 763-3141
Email: mjc@alexandriamnlaw.com
Atty. Registration # 388245
2892926