CONDEMNATION
IN DISTRICT COURT
FOURTH JUDICIAL DISTRICT
COURT FILE NO. 27-CV-23-1456
STATE OF MINNESOTA
COUNTY OF HENNEPIN
State of Minnesota, by its Commissioner of Transportation,
Petitioner,
vs.
Common Ground Properties, LLC
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 16, 2023, at 1:00 pm., or as soon thereafter as counsel can be heard, via remote hearing, from the at Minneapolis, Hennepin 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. You are notified this matter is set for a remote hearing. This hearing will not be in person at the courthouse. The remote hearing may be accessed by video at https://Zoomgov.com/join, or by phone at 833-568-8864. For either method, the Meeting ID is 161 976 9066 and the Meeting Password is 069902. 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 20, 2023.
YOU, AND EACH OF YOU, ARE FURTHER NOTIFIED, that all persons occupying the property described in the petition must VACATE THE AREA BEING ACQUIRED AND MOVE ALL OF YOUR PERSONAL PROPERTY FROM THE AREA BEING ACQUIRED ON OR BEFORE JUNE 20, 2023. All advertising signs or devices located on the property being acquired must be removed by June 20, 2023.
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: February 8, 2023 KEITH ELLISON
Attorney General
State of Minnesota
/Jeffery S. Thompson
JEFFERY S. THOMPSON
Assistant Attorney General
Atty. Reg. No. 027107X
445 Minnesota Street, Suite 1800
St. Paul, Minnesota 55101-2134
(651) 757-1312 (Voice)
(651) 297-1235 (Fax)
jeffery.thompson@ag.state.mn.us
ATTORNEY FOR PETITIONER
STATE OF MINNESOTA IN DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
Case Type: Condemnation
– – – – –
State of Minnesota, by its Commissioner of Transportation,
Petitioner,
vs.
Common Ground Properties, LLC, Fidelity Bank, NA, United States of America Small Business Administration, Judy A. Plekkenpol and Craig M, Plekkenpol, as trustees of The Craig M Plekkenpol and Judy A Plekkenpol trust under agreement dated August 28, 2017, Judy A. Plekkenpol and Craig M, Plekkenpol, as trustees of The Judy A Plekkenpol and Craig M Plekkenpol Trust under agreement dated August 28th, 2017, Plekkenpol Builders, Inc, Land of 10,000 Bikes, LLC, doing business as Velofix,MN, Common Ground Electric, LLC, Chester E Groth Music Co, doing business as Groth Music Company, County of Hennepin, ARC CAFEUSA001, LLC, Evangelical Free Church of America, JR Bloomington, LLC, Boulevard Building, LLC, Denny’s, Inc., Prime Investments, Inc, an inactive Minnesota Corporation, L & H Restaurant Corporation, an inactive Minnesota corporation, SCRAJ, LLC, Bremer Bank, NA, Microtel Inns and Suites Franchising, Inc., doing business as Microtel Inn & Suites by Wyndham, Salen Thach, formerly known as Phuong Thach, Loc Le, Flagstar Bank, FSB, Mortgage Electronic Registration Systems, Inc., Johnny Le, RRH Group, LLC, Riverwood Bank, CPLG Properties, LLC, successor in interest to Bre/Lq Properties LLC, 494 Restaurants, Inc., Progress Valley, Inc., Bremer Bank, NA, The Church of the Assumption of Richfield, Barbara B. Nelson and Gregg B. Nelson, as trustees of Raleigh Nelson 2012 Trust, Border Foods, Inc., 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 Legislative Route numbered 393, which has been renumbered 494, and which has been located according to law and designated as a controlled access highway, passes over the lands herein described.
That it is duly covered by Right of Way Plat Orders numbered 99798 and 99799, and Establishment Order numbered 33724.
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, together with the following rights:
To acquire all trees, shrubs, grass and herbage within the right of way herein to be taken, and to keep and have the exclusive control of the same and to acquire a temporary easement in those cases which are herein particularly mentioned.
With reference to Parcel 231B, there appears a mortgage executed by Common Grounds Properties, a Minnesota LLC, as mortgagor, to the SPEDCO, as mortgagee, then assigned to The United States of America, acting through the Small Business Administration, assignee, and filed in the office of the County Recorder in Hennepin County, Minnesota, as follows:
Dated Date Filed Document No.
March 18, 2019 March 27, 2019 T05602441
It is the intention of the above-named Petitioner to move the court for an order authorizing the Hennepin Court Administrator to accept and deposit in an interest bearing account payments from the Petitioner to the court pursuant to Minn. Stat. §117.042.
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 Minn. Stat. §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 Hennepin 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:
FEE ACQUISITION
Parcel 231B C.S. 2785 (494=393) 903
S.P. 2785-424RW
All of the following:
That part of Lot 2, Block 1, DUNHAM 2ND ADDITION, shown as Parcel 231B on Minnesota Department of Transportation Right of Way Plat Numbered 27-238 as the same is on file and of record in the office of the Registrar of Titles in and for Hennepin County, Minnesota; the title thereto being registered as evidenced by Certificate of Title No. 1473160;
together with other rights as set forth below, forming and being part of said Parcel 231B:
Temporary Easement:
A temporary easement for highway purposes as shown on said plat as to said Parcel 231B by the temporary easement symbol, said easement shall cease on December 1, 2028, 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:
Common Ground Properties, LLC -Fee
Fidelity Bank -Mortgage
United States of America Small Business Administration – Mortgage
Judy A. Plekkenpol and Craig M, Plekkenpol, as trustees of The Craig M Plekkenpol and Judy A Plekkenpol trust under agreement dated August 28, 2017 – Easement
Judy A. Plekkenpol and Craig M, Plekkenpol, as trustees of The Judy A Plekkenpol and Craig M Plekkenpol Trust under agreement dated August 28th, 2017 – Easement
Plekkenpol Builders, Inc – Easement
Land of 10,000 Bikes, LLC, doing business as Velofix,MN – Lessee
Common Ground Electric, LLC – Lessee
Chester E Groth Music Co, doing business as Groth Music Company – Lessee
County of Hennepin -Taxes and Special Assessments
Parcel 244C C.S. 2785 (494=393) 903
S.P. 2785-424RW
All of the following:
A temporary easement for highway purposes in that part of Lot 1, Block 1, DILLON CENTRE, shown as Parcel 244C on Minnesota Department of Transportation Right of Way Plat Numbered 27-239 as the same is on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota, by the temporary easement symbol, said easement shall cease on December 1, 2028, 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:
ARC CAFEUSA001, LLC -Fee
Evangelical Free Church of America -Easement
JR Bloomington, LLC -Easement
Boulevard Building, LLC -Easement
Denny’s, Inc. -Lessee
Prime Investments, Inc , an inactive Minnesota Corporation -Lessee
L & H Restaurant Corporation , an inactive Minnesota corporation -Lessee
County of Hennepin -Taxes and Special Assessments
Parcel 244D C.S. 2785 (494=393) 903
S.P. 2785-424RW
All of the following:
A temporary easement for highway purposes in that part of Lot 1, Block 1, ANTHONY ADDITION, shown as Parcel 244D on Minnesota Department of Transportation Right of Way Plat Numbered 27-239 as the same is on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota, by the temporary easement symbol, said easement shall cease on December 1, 2028, 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:
SCRAJ, LLC -Fee
Bremer Bank, National Association -Mortgage
Microtel Inns and Suites Franchising, Inc., doing business as Microtel Inn & Suites by Wyndham – Lessee
County of Hennepin – Taxes and Special Assessments
FEE ACQUISITION
Parcel 245D C.S. 2785 (494=393) 903
S.P. 2785-424RW
All of the following:
That part of Lot 7, Block 1, SOUTH MURRAY LANE 2ND ADDITION, shown as Parcel 245D on Minnesota Department of Transportation Right of Way Numbered 27-239 as the same on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota;
together with other rights as set forth below, forming and being part of said Parcel 245D:
Temporary Easement:
A temporary easement for highway purposes as shown on said as to said Parcel 245D by the temporary easement symbol, said easement shall cease on December 1, 2028, 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:
| Salen Thach, formerly known as Phuong Thach Loc Le | Fee | |
| Flagstar Bank, FSB | Mortgage | |
| Mortgage Electronic Registration Systems, Inc. | Mortgage | |
| Johnny Le | Lessee | |
| County of Hennepin | Taxes and Special Assessments |
Parcel 326 C.S. 2785 (494=393) 903
S.P. 2785-424RW
All of the following:
A temporary easement for highway purposes in that part of Lot 1, Block 1, RRH ADDITION, shown as Parcel 326 on Minnesota Department of Transportation Right of Way Numbered 27-238 as the same on file and of record in the office of the Registrar of Titles in and for Hennepin County, Minnesota, by the temporary easement symbol; the title thereto being registered as evidenced by Certificate of Title No. 1211224, said easement shall cease on December 1, 2028, 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:
| RRH Group, LLC | Fee | |
| Riverwood Bank | Mortgage | |
| CPLG Properties, LLC, successor in interest to Bre/Lq Properties LLC | Easement | |
| 494 Restaurants, Inc. | Lessee | |
| County of Hennepin | Taxes and Special Assessments |
FEE ACQUISITION
Parcel 326B C.S. 2785 (494=393) 903
S.P. 2785-424RW
All of the following:
That part of the South Half of the South Half of the Southeast Quarter of Section 34, Township 28 North, Range 24 West, shown as Parcel 326B on Minnesota Department of Transportation Right of Way Numbered 27-238 as the same on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota;
containing 16743 square feet, more or less, of which 15526 square feet are encumbered by an existing highway easement;
together with other rights as set forth below, forming and being part of said Parcel 326B:
Temporary Easement:
A temporary easement for highway purposes as shown on said as to said Parcel 326B by the temporary easement symbol, said easement shall cease on December 1, 2028, 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:
| Progress Valley, Inc. | Fee | |
| Bremer Bank, National Association | Mortgage | |
| The Church of the Assumption of Richfield | Easement | |
| County of Hennepin | Taxes and Special Assessments |
Parcel 326D C.S. 2785 (494=393) 903
S.P. 2785-424RW
All of the following:
A temporary easement for highway purposes in that part of Government Lots 1 and 8, lying in the Southeast Quarter of Section 34, Township 28 North, Range 24 West, shown as Parcel 326D on Minnesota Department of Transportation Right of Way Numbered 27-238 as the same on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota, by the temporary easement symbol, said easement shall cease on December 1, 2028, 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:
| Barbara B. Nelson and Gregg B. Nelson, as trustees of Raleigh Nelson 2012 Trust | Fee | |
| Border Foods, Inc. | Easement | |
| County of Hennepin | 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: February 1, 2023 KEITH ELLISON
Attorney General
State of Minnesota
s/Jeffery S. Thompson
JEFFERY S. THOMPSON
Assistant Attorney General
Atty. Reg. No. 027107X
445 Minnesota Street, Suite 1800
St. Paul, Minnesota 55101-2134
(651) 757-1312 (Voice)
(651) 297-1235 (Fax)
jeffery.thompson@ag.state.mn.us
ATTORNEY FOR PETITIONER
100910
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: February 1, 2023 KEITH ELLISON
Attorney General
State of Minnesota
s/Jeffery S. Thompson
JEFFERY S. THOMPSON
Assistant Attorney General
Atty. Reg. No. 027107X
445 Minnesota Street, Suite 1800
St. Paul, Minnesota 55101-2134
(651) 757-1312 (Voice)
(651) 297-1235 (Fax)
jeffery.thompson@ag.state.mn.us
ATTORNEY FOR PETITIONER
