Petition of Michael R. Helle

IN RE PROCEEDINGS SUBSEQUENT TO INITIAL REGISTRATION
—————————————————————————————————————
STATE OF MINNESOTA IN DISTRICT COURT
COUNTY OF OTTER TAIL                                       SEVENTH JUDICIAL DISTRICT
    Other Civil, Real Estate
                                                                                  Court File # 56-CV-17-2524
—————————————————————————————————————-
In the Matter of the Petition of Michael R. Helle in Relation to Certificate of Title No.  2484 issued for land in the County of Otter Tail, the State of Minnesota, legally described as follows:
Lot Twenty-eight (28) and Lot Twenty-nine (29), Lindenwood, Otter Tail County, Minnesota, according to the plat thereof on file and of record in the office of the County Recorder in and for said County and State.
—————————————————————————————————————-
ORDER TO SHOW CAUSE
—————————————————————————————————————-
TO: Tom Landwehr, DNR; James Keskitalo, Leaf Lake Township Chair; John L. Schofield; Laurie W. Anderson, Trustee of the Janis J. Silverberg Trust; Daniel W. Zapf; Susan C. Zapf; Alan George Flatau and Audra E. Zdunich, Trustees of the Alan Flatau and Audra Zdunich Trust; Edward N. Ellenson; Anna Mae Ellenson; Paul W. Friedrich; Phyllis Friedrich; Randy J. Toppen; Kevin Schwedhelm; Michelle Schwedhelm; Dale D. Warzecha; Julie A. Warzecha; Kenneth L. Mart, Jr.; Trout Family Revocable Living Trust; Joe Pytlik; Lori Pytlik; James L. Hermanson; Diane Hermanson; Donnell Seipkes; Mary Seipkes; Lynk Family Revocable Living Trust; Scott J. Eckhoff, Trustee of the Scott J. Eckhoff Revocable Living Trust; Jason Fischer; Jody Fischer; Darlo M. Martin Rogge, fka Darlo M. Martin; Kevin W. Hoyhtya; Ronald D. Hoyhtya; Mark C. Hoyhtya; Gregory L. Krusemark; Joan A. Krusemark; Lane B. Seifert; Leslie A. Seifert; Douglas E. Lange; Kristine A. Lange; Lindenwood Ass’n Inc, ATTN Elnora Trout; and Merchants Bank, NA:
Upon receiving and filing the Report of the Examiner of Titles in the above-entitled matter, IT IS ORDERED, that you, and all persons interested, appear before this Court on the 14th  day of June, 2018, at 1:30 p.m. at the Otter Tail County Courthouse, in a Courtroom there designated,  121 West Junius Avenue, Fergus Falls, MN  56537, and then, or as soon thereafter as the matter can be heard, show cause, if there is any, why this Court should not enter an Order as follows:
1. By the authority of Minn. Stat. 505.14 and Minn. Stat. 508.71, vacating a portion of the dedicated public road in the Plat of Lindenwood described as follows:
That part of the dedicated road of the PLAT OF LINDENWOOD, according to the recorded plat on file in the office of the County Recorder, of Section 22, Township 134 North, Range 38 West, Otter Tail County, Minnesota, described as follows:  Beginning at the most easterly corner of Lot 28 of said plat; thence North 05 degrees 57 minutes 09 seconds West, a distance of 52.28 feet to the angle point on the Southeasterly line of Lot 29 of said plat, (for descriptive purposes the northwesterly line of said Lot 28 is North 67 degrees 04 minutes 38 seconds East); thence South 67 degrees 04 minutes 38 seconds West, along the southeasterly line of said Lot 29, a distance of 137 feet, more or less, to the shoreline of East Leaf Lake; thence Southeasterly along said shoreline, a distance of 50 feet, more or less to its intersection with a  line which bears South 67 degrees 04 minutes 38 seconds West from the point of beginning, said line being the Northerly line of said Lot 28; thence North 67 degrees 04 minutes 38 seconds East, along last said line, a distance of 116 feet, more or less, to the point of beginning.  Containing 0.15 acres, more or less.
2.  Awarding to Petitioner said vacated road to be forever attached to Lot Twenty-eight (28) and Lot Twenty-nine (29) of Lindenwood;
3.  Directing the Registrar of Titles, upon the filing with the Registrar of a certified copy of the Order to be entered herein, cancel Certificate of Title No. 2484 in the name of Petitioner, Michael R. Helle, and enter a new Certificate of Title in the name of Petitioner, Michael R. Helle, 204 Inman Street, Henning, Minnesota, 56551, to include the land now appearing on Certificate No. 2484 and, in addition, the land described in Paragraph One (1) above, including as Memorials thereon Document Nos. 6881, 7169, 7170 and said Order.
Attendance is required only by those who wish to object to the entry of the abovedescribed Order.
IT IS FURTHER ORDERED, that this Order to Show Cause be served:
(a) at least 10 days before the hearing upon the owners of property in the Plat of Lindenwood by First Class Mail as provided by law;
      (b) at least 10 days before the hearing upon James Keskitalo, Leaf Lake Township Chair, Merchants Bank, NA, and any occupants of the portion of the dedicated road sought to be vacated, along with a copy of the Petition,  in a manner provided by law for the service of a Summons in a civil action;
      (c) at least 60 days before the hearing upon Tom Landwehr, Minnesota Commissioner of Natural Resources, along with a copy of the Petition, by certified mail;
(d) by two weeks posted and published notice of the Order to Show Cause, with the last day of publication at least 10 days before the hearing;
Approved:
/s/ Robert L. Russell                     Dated:  2-28-18
Robert L. Russell
Examiner of Titles
Dated:  3-14-18
Michelle W. Lawson
                                                      JUDGE OF THE DISTRICT COURT
/S/ Penn C. Brandborg               Dated:  2-27-18
Penn C. Brandborg, Attorney for Petitioner
315 S. Mill Street
Fergus Falls, MN  56537
218-736-7447
Att. Reg. No. 166546
(Published May 16 and 23, 2018)