Court File No. 38-CV-23-406
Jamie L. MacFarlane, Cinton R. MacFarlane, Daniel W. Lind, and Margaret Lind,
Plaintiffs,
vs
Dwight N. Lind; Debbie A. Lind; Michael Steffes; Park State Bank; Regents of the University of Minnesota; North Grove, a partnership under the laws of Minnesota; State of Minnesota; and all persons unknown claiming any right, title, estate, interest, or lien in the real estate described in the complaint herein,
Defendants.
SUMMONS
THE STATE OF MINNESOTA TO THE ABOVE-NAMED DEFENDANTS:
You are hereby summoned and required to serve upon plaintiffs’ attorney an answer to the Complaint which is on file in the Office of the Court Administrator of the above-named Court within twenty-one (21) 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 in question real property situated in the County of Lake, State of Minnesota, described as follows, to-wit:
EXHIBIT A
(MacFarlane Property Legal Description)
All that part of Government Lot 4, Section 27, Township 54 North, Range 9 West of the 4th Principal Meridian described as follows:
Commencing at the Northwest Corner of said Government Lot; thence S 0° 53’ 57” W, oriented to the Lake County Coordinate System, North Shore Zone, NAD 1983, 2011 Adjustment, along the west line of said Government Lot, a distance of 1564.43 feet to a 3/4” rebar; thence continue S 0° 53’ 57” W, along the west line of said Government Lot, 231.29 feet; thence N 79° 13’ 44” E, 226.81 feet to the POINT OF BEGINNING; thence return S 79° 13’ 44” W, 226.81 feet; thence S 0° 53’ 57” W, along the west line of said Government Lot, 270 feet, more or less, to the water’s edge of Lake Superior; thence northeasterly, along said water’s edge, to a point which bears S 0° 53’ 57” W from the POINT OF BEGINNING; thence N 0° 53’ 57” E, 85 feet, more or less, to the POINT OF BEGINNING.
AND
The east 220.00 feet of Government Lot 1, Section 28, Township 54 North, Range 9 West of the 4th Principal Meridian, EXCEPT the north 576.05 feet thereof.
SUBJECT TO AND TOGETHER WITH easements, restrictions, and reservations of record.
FURTHER SUBJECT TO the proprietary and sovereign rights of the State of Minnesota in all that portion of the land lying below the natural ordinary high water mark of Lake Superior; not intending, however, to deprive the fee owners of the usual riparian rights that attach to the land riparian to a navigable public body of water incident to the ownership thereof.
EXHIBIT B
(Lind Property Legal Description)
The north 576.05 feet of the east 220.00 feet of Government Lot 1, Section 28, Township 54 North, Range 9 West of the 4th Principal Meridian.
AND
All that part of Government Lot 4, Section 27, Township 54 North, Range 9 West of the 4th Principal Meridian described as follows:
Commencing at the Northwest Corner of said Government Lot; thence S 0° 53’ 57” W, oriented to the Lake County Coordinate System, North Shore Zone, NAD 1983, 2011 Adjustment, along the west line of said Government Lot, a distance of 1564.43 feet to a 3/4” rebar; thence N 77° 31’ 10” E, 308.38 feet, along the southerly line of LOT 4 of NORTH GROVE PARTNERSHIP SHORT PLAT, a duly recorded plat in the Office of the Lake County Recorder, to the westerly line of Lot 4 of said SHORT PLAT, the POINT OF BEGINNING; thence return S 77° 31’ 10” W to said 3/4” rebar; thence S 0° 53’ 57” W, along the west line of said Government Lot, 231.29 feet; thence N 79° 13’ 44” E, 226.81 feet; thence S 0° 53’ 57” W, 85 feet, more or less, to the water’s edge of Lake Superior; thence easterly, along said water’s edge, to a point which bears S 0° 54’ 15” W from the POINT OF BEGINNING; thence N 0° 54’ 15” E, 315 feet, more or less, to the POINT OF BEGINNING;
AND ALSO a parcel comprised of part of Lot 4 of said SHORT PLAT, described as follows:
Commencing at the Northwest Corner of said Government Lot; thence S 0° 53’ 57” W, oriented to the Lake County Coordinate System, North Shore Zone, NAD 1983, 2011 Adjustment, along the west line of said Government Lot, a distance of 1564.43 feet to a 3/4” rebar; thence N 77° 31’ 10” E, 303.38 feet, along the southerly line of LOT 4 of NORTH GROVE PARTNERSHIP SHORT PLAT, a duly recorded plat in the Office of the Lake County Recorder, to the westerly line of Lot 4 of said SHORT PLAT; thence N 77° 33’ 02” E, 22.75 feet, along said southerly line, to a 5/8” rebar and the POINT OF BEGINNING; thence return S 77° 33’ 02” W, along said southerly line, 22.75 feet; thence S 0° 54’ 15” W, along the westerly line of Lot 4 of said SHORT PLAT, 315 feet, more or less, to the water’s edge of Lake Superior, thence easterly, along said water’s edge, to a point which bears S 0° 54’ 15” W from the POINT OF BEGINNING; thence N 0° 54’ 15” E, 320 feet, more or less, to the POINT OF BEGINNING.
SUBJECT TO AND TOGETHER WITH easements, restrictions, and reservations of record.
FURTHER SUBJECT TO the proprietary and sovereign rights of the State of Minnesota in all that portion of the land lying below the natural ordinary high water mark of Lake Superior; not intending, however, to deprive the fee owners of the usual riparian rights that attach to the land riparian to a navigable public body of water incident to the ownership thereof.
NOTICE IS FURTHER GIVEN that the object of said action is to obtain a judgment declaring that plaintiffs Jamie L. MacFarlane, Clinton R. MacFarlane are the owners in fee of the property described in Exhibit A and that Daniel W. Lind, and Margaret Lind owners in fee of the property described in Exhibit B that the defendants, and each of them, have no right, title, estate, interest, or lien in or upon said real estate.
NOTICE IS FURTHER GIVEN that no personal claim is made by plaintiffs against the defendants.
Civil cases are subject to Alternative Dispute Resolution processes as provided in Rule 114 of the General Rules of Practice of 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: September 19, 2023
SMITH LAW, PLLC
By: /s/Tyson Smith
Tyson Smith (#0395670)
Richard T Furlong III (#0403157)
1710 W. Hwy. 61, P.O. Box 66
Grand Marais, MN 55604
(218) 387-9800
tyson@arrowheadlegal.com
rich@arrowheadlegal.com
Attorneys for Plaintiffs