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Home ›Legal Notice October 19, 2016
STATE OF MINNESOTA IN DISTRICT COURT
COUNTY OF OTTER TAIL
SEVENTH JUDICIAL DISTRICT ———————— 14. other civil, REAL PROPERTY, QTA
Court File #56-CV-16-1764
Jon B. Gunderson; Teresa J. Shannon;
Tradition Mortgage;
Plaintiffs,
vs.
Sunnybank Family Properties, LLC; Ten Mile Lake Properties, LLC; Tone Schmidt; Ted Schmidt; Craig Schmidt; Gerald F. Schultz; Shirley M. Schultz; Gerald F. Schultz and Shirley M. Schultz, Trustees, or their Successors in Trust, under the Gerald F. Schultz Revocable Living Trust dated the 3rd day of January, 1995, and any amendments thereto; Gerald F. Schultz and Shirley M. Schultz, Trustees, or their Successors in Trust, under the Shirley M. Schultz Revocable Living Trust dated the 3rd day of January, 1995, and any amendments thereto; Greg A. Frigaard; Tena M. Frigaard; Paul H. Kloos; Gail A. Kloos; Georgia S. Skogmo Bartlett; Georgina Skogmo; Talla Skogmo; Peder Donald Skogmo; Lewis Anderson; the unknown heirs of Philip W. Skogmo, deceased; the unknown heirs of Florence Mae Skogmo, deceased; the unknown heirs of Donald Robert Skogmo aka Don R. Skogmo aka Donald R. Skogmo, deceased; Gladys Shinnick; the unknown heirs of Erick Engebretson, deceased; Julia Engebretson; Anna M. Iverson fna Anna M. Engebretson; the unknown heirs of Edward Engebretson, deceased; John Engebretson; Helena Risbrud fna Helena Engebretson; Caroline Rund fna Caroline Engebretson; Oliver Engebretson; Albert Engebretson; Martin Henry Engebretson aka Martin H. Engebretson; Clarence Engebretson; Bertin C. Gamble; Gradys L. Gamble; Ed. Korstad; Willie Korstad; Edward Mobraaten; Arthur O. Sand; A. G. Frahm aka Albert G. Sand; Thelma Frahm; A. O. Sand; Alyce Sand; Robert D. Schultz; Anna M. Schltz; Gerald F. Schultz; Shirley M. Schultz; Caroline Engebretson; also the unknown heirs, successors or assigns of any of the above defendants, and all other persons unknown claiming any right, title, estate, interest or lien in the real estate described in the complaint herein.
Defendants.
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SUMMONS
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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 into question real property situated in the County of Otter Tail, State of Minnesota described as follows:
All that part of Government Lot 1, Section 28, Township 131, Range 42, Otter Tail County, Minnesota, described as follows:
Commencing at northeast corner of said Section 28; thence South 89 degrees 56 minutes 06 seconds West (bearing based on Otter Tail County coordinates, 2011 adjustment) along the north line of said Section 28, a distance of 1565.48 feet; thence South 00 degrees 02 minutes 31 seconds East a distance of 219.00 feet to the point of beginning of the land to be described; thence continuing South 00 degrees 02 minutes 31 seconds East a distance of 62.40 feet; thence South 06 degrees 05 minutes 15 seconds East a distance of 37.99 feet; thence South 89 degrees 54 minutes 47 seconds West a distance of 268 feet more or less to the shoreline of Ten Mile Lake; thence northerly along said shoreline to the intersection with a line which bears South 89 degrees 51 minutes 31 seconds West from the point of beginning; thence North 89 degrees 51 minutes 31 seconds East a distance of 227 feet more or less to the point of beginning. Containing 25,260 square feet more or less.
Together with and subject to an easement for ingress and egress, over, under and across that part of Government Lot 1, Section 28 and over, under and across that part of Government Lot 3 and the Southeast Quarter of the Southeast Quarter, Section 21, all in Township 131, Range 42, Otter Tail County, Minnesota, being a strip of land lying 8.25 feet on each side of the following described centerline:
Commencing at northeast corner of said Section 28; thence South 89 degrees 56 minutes 06 seconds West (bearing based on Otter Tail County coordinates, 2011 adjustment) along the north line of said Section 28, a distance of 1565.48 feet; thence South 00 degrees 02 minutes 31 seconds East a distance of 219.00 feet; thence continuing South 00 degrees 02 minutes 31 seconds East a distance of 62.40 feet; thence South 06 degrees 05 minutes 15 seconds East a distance of 37.99 feet; thence North 89 degrees 54 minutes 47 seconds East a distance of 8.30 feet to the point of beginning of the centerline to be described; thence North 06 degrees 05 minutes 15 seconds West a distance of 38.86 feet; thence North 08 degrees 24 minutes 10 seconds West a distance of 73.06 feet; thence North 01 degree 42 minutes 51 seconds West a distance of 112.22 feet; thence North 02 degrees 15 minutes 55 seconds East a distance of 55.38 feet; thence northeasterly, on a tangential curve concave to the southeast, having a radius of 40.00 feet and a delta angle of 84 degrees 50 minutes 08 seconds, for an arc distance of 59.23 feet; thence North 87 degrees 06 minutes 02 seconds East a distance of 98.39 feet; thence northeasterly, on a tangential curve concave to the northwest, having a radius of 90.00 feet and a delta angle of 53 degrees 06 minutes 17 seconds, for an arc distance of 83.42 feet; thence North 33 degrees 59 minutes 45 seconds East a distance of 30.59 feet; thence North 28 degrees 20 minutes 46 seconds East a distance of 109 feet more or less to the centerline of County State Aid Highway No. 35 and there terminating.
The sidelines of said easement shall terminate on the southerly right-of-way line of said County State Aid Highway No. 35.
Subject to a mortgage in favor of Tradition Mortgage with MERS as nominee dated September 1, 2005, recorded in the office of the Otter Tail County Recorder as document number 983306.
YOU ARE FURTHER NOTIFIED that the object of this action is to obtain a judgment that Plaintiffs Jon B. Gunderson and Teresa J. Shannon are the owners in fee simple of the above-described real property subject to the mortgage of Plaintiff Tradition Mortgage; and that the Defendants, and each of them, be declared to have no right, title, estate, right to possession, lien or interest in the real estate described above.
The Defendants will take notice that no personal claim is made by the Plaintiff against any of the defendants.
Civil cases are subject to Alternative Dispute Resolution processes as provided in Rule 114 of the General Rules of Practice for the District Courts. Alternative Dispute Resolution includes mediation, arbitration, and other processes set forth in the rules. You may contact the Court Administrator for information about these processes and about resources available in your area.
Dated: 6-8-16 /s/Penn C. Brandborg
Penn C. Brandborg,
Attorney for Plaintiffs
315 S. Mill Street
Fergus Falls, MN 56537
218-736-7447
Att. Reg. No.166546
(Published October 5, 12 and 19, 2016)
NOTICE OF HEARING ON VARIANCE
Pursuant to City Code #150.102 of the City of Battle Lake, you are hereby notified of a public hearing on a request for a variance of the following nature:
John T. Everts for his property located at 402 Lake Ave. N. is requesting the following variance: To reduce the set-back on the south side of the property, located on East Dunton Street, from 30 feet to 14 feet. “The variance request criteria on this property are a reasonable use considering the buildable size limitations of a pre-ordinance corner lot of record. Though we have two lots (100’), the unique circumstance of the corner lot is the fact that the City lot sizes were determined and platted prior to the subsequent enactment of City zoning and land use controls. Specifically, the current code does not permit structure setbacks closer than thirty feet from a road right-of-way, twenty feet from alleys and ten feet from lot side yards. Therefore this pre-ordinance corner lot of record (50’ x 134’) with two streets and one alley adjoining becomes sub-standard because of the strict interpretation of the code greatly restricts the building area, in this case only an area of 10’ x 94’, or 940 square feet, which is only 14% of the lot area. The requested variance for the proposed home addition, if granted, would not be contrary to the intended residential character of the City; the addition would be architecturally harmonious with the existing structure; would not set a negative precedent for future concerns; would not interfere with snow removal; sight lines or other safety concerns. Since many other pre-ordinance structures in the City are not in strict compliance with the setback guidelines, a variance would allow us the same rights and privileges enjoyed by others in the locale without negative impact.”
Details for the above application are available for inspection at the City Clerk’s office at 108 Main Street East, Battle Lake, MN.
The Battle Lake Planning Commission will review this application on Tuesday, November 1, 2016 at 7:00 p.m. The Board of Zoning Adjustment will hold a Public Hearing on this request on Wednesday, November 9th.
Any objections to the granting of this variance may be made in person at the time of said Hearing, or by letter received by the Clerk-Treasurer of the City of Battle Lake, PO Box 386, Battle Lake, MN 56515-0386 on or before, Wednesday, November 9th.
By order of the City Council
Valerie J. Martin
Clerk-Treasurer
(Published October 19, 2016)
