Land title summons
and application for
registration of land
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF ROCK FIFTH JUDICIAL DISTRICT
Court File No. 67-CV-21-100
LAND TITLE SUMMONS IN APPLICATION FOR REGISTRATION OF LAND
In the matter of the Application of City of Luverne, Minnesota, a municipal corporation; and Gary G. Golla, individually and d/b/a G-3 Enterprises and Barbara Golla, husband and wife; and Luverne Farm Store, Inc., a Minnesota corporation; and William Philip Aanenson, a single person; and Lorna Schoeneman, a single person; to register the title to the following described real estate situated in Rock County, Minnesota, namely;
See Legal Description which is attached hereto as Exhibit "A" and made a part hereof.
Applicant(s)
vs
Chicago, St. Paul, Minneapolis and Omaha Railway Company and its Successor, Union Pacific Railroad - 1400 Douglas Street, Stop 1580, Omaha, NE 68179
Center Point Energy - Center Point Energy Minnesota Gas, 800 LaSalle Avenue, Minneapolis, MN 55402
First Dakota National Bank - 101 N. Main Ave., Suite 101, Sioux Falls, SD 57104
Security Savings Bank, Luverne - 310 W. Gabrielson Rd, PO Box 809, Luverne, MN 56156
also all heirs and devisees of any of the above-named persons who are deceased, and all ther persons or parties unknown, claiming any right, title, estate, lien or interest in the real estate described in the Amended Application or amendments herein,
Defendants
THE STATE OF MINNESOTA TO THE ABOVE-NAMED DEFENDANTS:
You are hereby summoned and required to answer the Application of the Applicant(s) in the above-entitled proceeding and to file your answer to the said Application in the office of the District Court Administrator in said County, within twenty (20) days after service of this Summons upon you exclusive of the day of such service, and if you fail to answer the Application within the time aforesaid, the Applicant(s) in this proceeding will apply to the Court for the relief demanded therein.
Witness, District Court Administrator of said Court,
and the seal thereof, at Luverne, in said
County, this 25th day of January, 2022. /s/ Benjamin Vander Kooi, Jr.
Attorney for Applicant City of Luverne
By Katelyn VanAartsen BENJAMIN VANDER KOOI, JR.
Deputy LUVERNE CITY ATTORNEY
127 E. Main, PO Box 746
Luverne, MN 56156
(507) 283-9546
FAX: (507) 283-9629
lawkooi@gmail.com
Attorney ID: 0112124
Tract A: (referred to in the Application as Exhibits A-1, A-2, A-3 and A-4)
Those parts of the SW 1/4 SW 1/4 of Section Eleven (11), Township 102 North, Range
45 West of the 5th P.M., Rock County, Minnesota;
and of Outlots Fifteen (15) and Sixteen (16), in the Kniss Outlot Addition to the City
of Luverne, Minnesota;
and of the abandoned railroad right-of-way within the SW 1/4 SW 1/4 of said
Section Eleven (11), described as follows:
Commencing at the SW Corner of said Section 11; thence North 90 degrees 00 minute 00 second East (assumed bearing) along the south line of said SW 1/4 SW 1/4 for a distance of 60.00 feet to the east line of the West 60 feet of said SW 1/4 SW 1/4; thence North 00 degree 21 minutes 47 seconds East along said east line for a distance of 394.33 feet; thence North 90 degrees 00 minute 00 second East for a distance of 145.60 feet as the Point of Beginning; thence North 7 degrees 47 minutes 57 seconds West a distance of 358.78 feet; thence North 89 degrees 31 minutes 18 seconds West a distance of 106.67 feet; thence North 00 degrees 21 minutes 51 seconds Weatr along the East line of the West 60 feet of said SW1/4 a distance of 368.01 feet; thence North 89 degrees 38 minutes 21 seconds East for a distance of 53.84 feet; thence North 07 degrees 47 minutes 59 seconds West a distance of21.12 feet; thence North 82 degrees 12 minutes 01 seconds East a distance of 58.50 feet; thence South 07 degrees 47 minutes 59 seconds East a distance of 235.55 feet; thence South 89 degrees 50 minutes 43 seconds East a distance of 177.38 feet; thence South 65 degrees 12 minutes 36 seconds East a distance of 117.53 feet; thence South 89 degrees 51 minutes 52 seconds East a distance of 358.22 feet to the west Line of Freeman Avenue also being the northeast corner of Outlot 16; thence South 00 degrees 02 minutes 56 seconds East along the West line of Freeman Avenue a distance of 387.73 feet; thence South 90 degrees 00 minutes 00 seconds West a distance of 642.00 feet to the Point of Beginning,
EXCEPT THE FOLLOWING TRACTS:
That part of Outlots 15 and 16 in the Kniss Outlot Annex in the Southwest Quarter of Section 11, Township 102 North, Range 45 West, of the 5th Principal Meridian, City
of Luverne, Rock County, Minnesota, described as follows:
Commencing at the Southwest corner of Section 11; thence North 00 degrees 18 minutes 20 seconds East (Geodetic Bearing) along the West line of the Southwest Quarter of said Section a distance of 829.47 feet; thence South 89 degrees 58 minutes 58 seconds East a distance of 202.66 feet to a found iron stake established in a survey by DGR in March of 1999; thence continuing South 89 degrees 58 minutes 58 seconds East a distance of 69.00 feet to an iron stake being the point of beginning; thence continuing South 89 degrees 58 minutes 58 seconds East a distance of 111.11 feet to an iron stake established by said survey; thence South 07 degrees 43 minutes 24 seconds East a distance of 50.00 feet to an iron stake established by said survey; thence North 90 degrees 00 minutes 00 seconds a distance of 43.16 feet to an iron stake; thence South 00 degrees 00 minutes 53 seconds West a distance of 78.46 feet to an iron stake; thence North 89 degrees 59 minutes 22 seconds West a distance of 161.00 feet to an iron stake; thence North 00 degrees 00 minutes 48
seconds East a distance of 128.00 feet to said point of beginning.
Subject to easements, if any, of record or apparent.
AND
All that part of Outlot 16 in Kniss Outlot Annex to the City of Luverne, Minnesota, described as follows: Beginning at the Southwest corner of Outlot 16, thence 200 east along the South line of said Outlot 16, thence Northerly 370 feet on a line parallel to the West line of said Outlot 16 to the Point of Beginning, thence Northerly 55 feet on a line parallel to the West line of said Outlot 16, thence West 96 feet on a line parallel to the South line of said Outlot 16, thence Southerly 55 feet along a line parallel to the West line of Outlot 16, thence East 96 feet along a line parallel to the South line
of said Outlot 16, to the point of beginning.
AND
which tract is now and shall hereinafter be described as “All of Lots 3, 4, 5, 7, 8, 10, 11, 12, and 13 and a portion of Lot 6, in Golla Addition to the City of Luverne, Minnesota,”
titled in Gary G. Golla, individually, and d/b/a G-Three Enterprises.
Tract B. (referred to in the Application as Exhibit A-5)
That part of Outlots 15 and 16 in the Kniss Outlot Annex in the Southwest Quarter of Section 11, Township 102 North, Range 45 West, of the 5th Principal Meridian, City
of Luverne, Rock County, Minnesota, described as follows:
Commencing at the Southwest corner of Section 11; thence North 00 degrees 18 minutes 20 seconds East (Geodetic Bearing) along the West line of the Southwest Quarter of said Section a distance of 829.47 feet; thence South 89 degrees 58 minutes 58 seconds East a distance of 202.66 feet to a found iron stake established in a survey by DGR in March of 1999; thence continuing South 89 degrees 58 minutes 58 seconds East a distance of 69.00 feet to an iron stake being the point of beginning; thence continuing South 89 degrees 58 minutes 58 seconds East a distance of 111.11 feet to an iron stake established by said survey; thence South 07 degrees 43 minutes 24 seconds East a distance of 50.00 feet to an iron stake established by said survey; thence North 90 degrees 00 minutes 00 seconds a distance of 43.16 feet to an iron stake; thence South 00 degrees 00 minutes 53 seconds West a distance of 78.46 feet to an iron stake; thence North 89 degrees 59 minutes 22 seconds West a distance of 161.00 feet to an iron stake; thence North 00 degrees 00 minutes 48 seconds East a distance of 128.00 feet to said point of beginning.
Said tract is subject to easements of record, if any.
which tract is now and shall hereinafter be described as “A Part of Lot 6 in Golla Addition to the City of Luverne, Minnesota,
titled in Luverne Farm Store, Inc.
Tract C: (referred to in the Application as Exhibit A-6)
Those parts of the SW 1/4 SW 1/4 of Section Eleven (11), Township 102 North, Range 45 West of the 5th P.M., Rock County, Minnesota; and of the abandoned railroad right-of-way within the SW 1/4 SW 1/4 of said Section Eleven (11), described as follows:
Commencing at the SW Corner of said Section 11; thence North 90 degrees 00 minute 00 second East (assumed bearing) along the south line of said SW 1/4 SW 1/4 for a distance of 60.00 feet to the east line of the West 60 feet of said SW 1/4 SW 1/4; thence North 00 degree 21 minutes 47 seconds East along said east line for a distance of 478.15 feet; as the Point of Beginning; thence North 90 degrees 00 minute 00 second East for a distance of 133.59 feet; thence North 7 degrees 47 minutes 57 seconds West a distance of 189.58 feet; thence North 90 degrees 00 minutes 00 seconds West a distance of 106.67 feet, thence South 00 degrees 21 minutes 51 seconds East along the East line of the West 60 feet of said SW1/4 a distance of 188.72 feet to the Point of Beginning.
which tract is now and shall hereinafter be described as “Lot 2, in Golla Addition to the City of Luverne, Minnesota,”
titled in William Philip Aanenson.
Tract D. (referred to in the Application as Exhibit A-7)
Those parts of the SW 1/4 SW 1/4 of Section Eleven (11), Township 102 North, Range 45 West of the 5th P.M., Rock County, Minnesota; and of the abandoned railroad right-of-way within the SW 1/4 SW 1/4 of said Section Eleven (11), described as follows:
Commencing at the SW Corner of said Section 11; thence North 90 degrees 00 minute 00 second East (assumed bearing) along the south line of said SW 1/4 SW 1/4 for a distance of 60.00 feet to the east line of the West 60 feet of said SW 1/4 SW 1/4; thence North 00 degree 21 minutes 47 seconds East along said east line for a distance of 394.33 feet; as the Point of Beginning; thence North 90 degrees 00 minute 00 second East for a distance of 145.60 feet; thence North 7 degrees 47 minutes 57 seconds West a distance of 84.60 feet; thence North 90 degrees 00 minutes 00 seconds West a distance of 133.59 feet, thence South 00 degrees 21 minutes 51 seconds East along the East line of the West 60 feet of said SW1/4 a distance of 83.2 feet to the Point of Beginning.
which tract is now and shall hereinafter be described as “Lot 1, in Golla Addition to the City of Luverne, Minnesota,”
titled in the name of City of Luverne.
Tract E. (referred to in the Application as Exhibit A-8)
All that part of Outlot 16 in Kniss Outlot Annex to the City of Luverne, Minnesota, described as follows: Beginning at the Southwest corner of Outlot 16, thence 200 east along the South line of said Outlot 16, thence Northerly 370 feet on a line parallel to the West line of said Outlot 16 to the Point of Beginning, thence Northerly 55 feet on a line parallel to the West line of said Outlot 16, thence West 96 feet on a line parallel to the South line of said Outlot 16, thence Southerly 55 feet along a line parallel to the West line of Outlot 16, thence East 96 feet along a line parallel to the South line of said Outlot 16, to the point of
beginning.
which tract is now and shall hereinafter be described as “Lot 9, in Golla Addition to the City of Luverne, Minnesota,”
titled in Lorna Schoeneman.
(02-03, 02-10, 02-17)
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