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First Publication Date
Sunday, October 10, 2004
STATE OF MINNESOTA
COUNTY OF WINONA
DISTRICT COURT
THIRD JUDICIAL DISTRICT
The City of Minnesota City, a Minnesota municipal corporation
Plaintiff,
SUMMONS
FILE NO. C4-04-1509
CASE TYPE 14. OTHER CIVIL
vs.
Otto Troost, Mikrut Properties, LLLP, also all other persons unknown claiming any right, title, estate, interest, or lien in the real estate described in the Complaint herein, also the unknown heirs of the aforesaid persons 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 Plaintiff's attorney an Answer to the Complaint which is on file in the office of the Court Administrator of the above named Court within twenty (20) days after service of this 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 in question real property situated in the County of Winona, State of Minnesota, described as follows:
EXHIBIT "A"
That part of Lots 18 and 68, Plat of the Minnesota City in Subdivision of Section 11, Township 107 North, Range 8 West, being located upon and forming a part of the Northwest Quarter of the Northeast Quarter of said Section 11, Township 107 North, Range 8 West, City of Minnesota City, Winona County, Minnesota described as follows:
Commencing at the northwest corner of said Northwest Quarter of the Northeast Quarter of Section 11; thence on an assumed bearing of South 00 degrees 16 minutes 55 seconds East along the west line of said Northwest Quarter of the Northeast Quarter for a distance of 627.03 feet; thence North 89 degrees 43 minutes 05 seconds East for a distance of 180.00 feet to the POINT OF BEGINNING; thence continuing North 89 degrees 43 minutes 05 seconds East for a distance of 328.27 feet; thence South 12 degrees 01 minutes 38 seconds West for a distance of 216.15 feet; thence northwesterly a distance of 299.69 feet along a non-tangential curve concave to the southwest having a radius of 922.00 feet, a central angle of 18 degrees 37 minutes 25 seconds, the chord of said curve bears North 71 degrees 19 minutes 26 seconds West to a point 180.00 feet east of, as measured at right angles to, said west line of the Northwest Quarter of the Northeast Quarter; thence North 00 degrees 16 minutes 55 seconds West along a line parallel with said west line for a distance of 114.25 feet to the Point of Beginning. Said Parcel contains 1.11 acres, more or less, including the Street right of way easement.
Said Parcel is subject to the Street Right of Way Easement over the southerly 33 feet thereof.
The object of this action is to determine that the Plaintiff is the owner in fee of the property described above and the Defendants, and each of them, have no right, title, estate, interest or lien in or upon the above described real property.
NOTICE OF ALTERNATIVE DISPUTE RESOLUTION
PLEASE TAKE NOTICE that alternative dispute resolution of this claim may be available pursuant to Minnesota law. Alternative dispute resolution includes mediation, arbitration, and other processes as set forth in Rule 114 of the General Rules of Practice for the District Courts of Minnesota. You may contact the court administrator about resources in your area.
NOTICE OF NO PERSONAL CLAIM
Notice is hereby given that no personal claim is made by Plaintiff against any of the Defendants in the action above entitled.
Dated this 7th day of October, 2004.
/S/ Frank E. Wohletz
Frank E. Wohletz
Wohletz Law Office
Atty. Reg. No. 118333
Attorney for Plaintiff
111 Riverfront Building
Suite 403
Winona, MN 55987-3456
507-454-7243
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