Employment & Legals

STATE OF MINNESOTA IN DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT Case Type: Condemnation COURT FILE NO. 27-CV-23-7018

State of Minnesota, by its Commissioner of Transportation, Petitioner, vs. 2545 Boatman, 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 September 5, 2023, at 1:00 p.m., or as soon thereafter as counsel can be heard, before Judge Francis J. Magill, in the Government Center at Minneapolis, Hennepin County, Minnesota, via remote hearing, the Petitioner will present a Petition now on file herein for the condemnation of certain lands for trunk highway purposes. 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 160 407 2732 and the Meeting Password is 309514. A copy of the Petition is attached hereto and incorporated herein.

YOU, AND EACH OF YOU, ARE FURTHER NOTIFIED, that 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 October 10, 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 OCTOBER 10, 2023. All advertising signs or devices located in the area being acquired must be removed by October 10, 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: May 25, 2023

KEITH ELISON Attorney General State of Minnesota s/Mathew Ferche MATHEW FERCHE Assistant Attorney General Atty. Reg. No. 0391282 445 Minnesota Street, Suite 1400 St. Paul, MN 55101-2134 (651) 757-1457 (Voice) (651) 282-2525(TTY ATTORNEY FOR PETITIONER STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT Case Type: Condemnation - - - -State of Minnesota, by its Commissioner of Transportation, Petitioner, vs. 2545 Boatman, LLC, SH Bloomington, LLC, 2510 Boatman, LLC, State of Minnesota Department of Natural Resources Department of Natural Resources, Wintrust Bank, National Association, Bank Of America, National Association, Wings Financial Credit Union, GN Hearing Care Corporation, County of Hennepin, Gary E. Zywotko, Pioneer Bank, successor in interest by corporate merger, consolidation, amendment, or conversion to Farmers State Bank of Madelia, Inc., GNMN002, LLC, Computer Connection Corporation, Meridian Crossings, LLC, Corporate Eats Inc., Equitable advisors, LLC, Piedmont Office Realty Trust, Inc., VSA, LLC, City & County Credit Union, Wal-Mart Real Estate Business Trust, Walgreen Co., El Guanaco Bakery and Cafe, LLC, Harbor Freight Tools USA, Inc., Family Dollar, Inc., Toppers Pizza LLC, Health Center, LLC, The Lambi Corporation, Relaxing Minnesota, Inc., Pilgrim Dry Cleaners, Inc., CSM Investors, Inc., TRANSAMERICA

Life Insurance Company, Ulta Salon Cosmetics & Fragrance, Inc., Burlington

Coat Factory Warehouse Corporation, Sierra Trading Post, Inc., Baby Superstore, Inc, Sportmart, Inc, Golf Galaxy, LLC, Freeman Enterprises, LLLP, AnchorBank FSB, Regions Financial Corporation, TBS Mart Inc., doing business as TBS Mart International Foods, an unregistered assumed name, $5 Tan, Inc., doing business as $5 Tan, Hong Kong Garden 55420 Inc, Yasmin Abu Inc, Kabobs Indian Grill, L.L.C., Fantasy House, Inc, Dollar Tree Stores, Inc., Bill Smith, doing business as Ott’s Liquors, an unregistered assumed name, Pizza Hut of America, LLC, Robinson A. Cordon Morales, Cricket Wireless LLC, Jackson Hewitt Inc., Subway Real Estate, LLC, SuperCash Inc., doing business as SuperCash, Concierge Apartments

Property Owner, LLC, Fannie Mae, Berkadia Commercial Mortgage LLC, Roger W. Simonson, U.S. Bank National Association, Mortgage Electronic Registration Systems, Inc., Saravanh Phommakhy, 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 Routes numbered 394 and 393, which has been renumbered 35W and 494, respectively, and which has been located according to law and designated as controlled access highways, pass over the lands herein described.

That it is duly covered by Right of Way Plat Orders numbered 99798, 99799, 99920, 99921, and 99922; Designation Orders numbered 28880 and 29050; Centerline Order numbered 28000; Amended Width Order 99952; and Temporary Order numbered 99952. 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, and an easement as to Parcel 322E, 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, to acquire from the owners whose lands front thereon any existing right of access to said highway in those cases which are herein particularly mentioned, and to keep and have the exclusive control of all access to said highway in accordance with the law governing controlled access highways, and to acquire a temporary easement in those cases which are herein particularly mentioned.

With reference to Parcels 340, it is the intention of this proceeding to except all severed mineral rights, not including rights to sand and gravel, and reserve to the owners of the severed mineral rights, their heirs, successors and assigns, the rights and privileges to explore for, mine, and remove the minerals, but only in such manner that will not interfere with the use of said land for highway purposes or with the safe and continuous operation of any public highway thereon, and further the severed mineral owners reserve the right to relocate the highway at the mineral owners’ expense pursuant to Minn. Stat. §l60.l0 as such may be amended.

It is the intention of the above-named Petitioner to move the court for an order authorizing the Court Administrator to accept and deposit payments, in an interestbearing account, 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 340 C.S. 2782 (35W=394) 913 S.P. 2785-424RW

All of the following:

That part of Lot 1, Block 1, CONTROL DATA ADDITION, shown as Parcel 340 on Minnesota Department of Transportation Right of Way Plat Numbered 27-243 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. 1413670; together with other rights as set forth below, forming and being part of said Parcel 340: Access: All right of access as shown on Minnesota Department of Transportation Right of Way Plat Numbered 27-243 as the same is on file and of record in the office of the Registrar of Titles in and for Hennepin County, Minnesota, by the access control symbol(s). Temporary Easement: A temporary easement for highway purposes, shown as Parcel 340 on Minnesota Department of Transportation Right of Way Plats Numbered 27-242 and 27-243 as the same are on file and of record in the office of the Registrar of Titles 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:

Boatman, LLC Fee

Boatman, LLC Fee of Minnesota Department of Natural Resources Department of Natural Resources Mineral Rights Wintrust Bank, National Association Mortgage BANK OF AMERICA, NATIONAL ASSOCIATION Mortgage Wings Financial Credit Union Mortgage GN Hearing Care Corporation Lessee County of Hennepin Taxes Parcel 340A C.S. 2782 (35W=394) 913

S.P. 2785-424RW

All of the following: A temporary easement for highway purposes in that part of the Northeast Quarter of Section 4, Township 27 North, Range 24 West, shown as Parcel 340A on Minnesota Department of Transportation Right of Way Plat Numbered 27-242 as the same is 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. 727766, 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:

Gary E. Zywotko Fee Pioneer Bank, successor in interest by corporate merger, Mortgage consolidation, amendment, or conversion to Farmers State Bank of Madelia, Inc., and Nicollet County Bank of St. Peter GNMN002, LLC Easement Computer Connection Corporation Lessee County of Hennepin Taxes Parcel 310A C.S. 2782 (35W=394) 914 S.P. 2785-424RW

All of the following:

A temporary easement for highway purposes in that part of Lot 3, Block 3, CLOVERLEAF ADDITION, shown as Parcel 310A on Minnesota Department of Transportation Right of Way Plat Numbered 27-242 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: Meridian Crossings, LLC Fee Corporate Eats Inc. Lessee U.S. Bank National Association Lessee

Equitable advisors, LLC Lessee

PIEDMONT OFFICE REALTY TRUST, INC. Lessee County of Hennepin

West, shown as Parcel 316 on Minnesota Department of Transportation Right of Way Plat Numbered 27-244 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:

Commercial Mortgage LLC County of Hennepin

Taxes and Special Assessments

EASEMENT ACQUISITION

Parcel 322E C.S. 2785 (494=393) 904

S.P. 2785-424RW

That part of Tract A described below:

Tract A. Lot 1, Block 1, LAKEVIEW HIGHLANDS 1st ADDITION, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota; the title thereto being registered as evidenced by Certificate of Title No. 1230104; which lies northeasterly of Line 1 described below: Line 1. Beginning at a point on the north line of said Lot 1, distant 12 feet westerly of the northeast corner thereof; thence southeasterly to a point on the east line of said Lot 1, distant 26 feet south of said northeast corner and there terminating; containing 156 square feet, more or less; also a right to use the following described strip for highway purposes, which right 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: A strip being that part of Tract A hereinbefore described, adjoining and southwesterly of the above described strip, which lies northeasterly of a line run parallel with and distant 5 feet southwesterly of the southwesterly line of the above described strip and its extensions; containing 176 square feet, more or less.

Names of parties interested in the above-described land and nature of interest:

Roger W. Simonson Fee

U.S. Bank National Association Mortgage Mortgage Electronic Registration Systems, Inc. Saravanh Phommakhy Lessee 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: May 9, 2023

KEITH ELLISON

Attorney General State of Minnesota s/Mathew Ferche

MATHEW FERCHE

Assistant Attorney General Atty. Reg. No. 0391282

445 Minnesota Street, Suite 1800 St. Paul, Minnesota 55101-2134 (651) 757-1457 (Voice) (651) 297-4077 (Fax) mathew.ferche@ag.state.mn.us