Case Type: Quiet Title
Court File No.: 16-CV-24-64
Judge: Steven Hanke
David Berner and Kirste Johnson, as Trustees of B. VAN JOHNSON REVOCABLE TRUST UNDER AGREEMENT DATED MAY 10, 1993;
Plaintiff
Donald E. Olson; Judy K. Olson; Elaine Hedlund Fitzgerald; Lindsey Gau; Mortgage Electronic Registration Systems, Inc.; David P. Saari; Patricia L. Saari; Andrew G. Lindsay; Barbara A. Lindsay; Wells Fargo Bank, N.A.; Gene Skadberg; Mary Ann Skadberg; Michael Edward Zins; Barbara Rose Zins; Jane Elizabeth Zins; Donna L. Larsen (nka Donna L. Lunke); Orvis L. Lunke; Ernie Pahl; Lynn Pahl; State of Minnesota and all persons known or 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 DEFENDANT:
You are hereby summoned and required to serve upon plaintiffs’ attorney an answer to the Complaint that 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 into question real property situated in the County of Cook, State of Minnesota, described as follows, to-wit:
SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT A
NOTICE IS FURTHER GIVEN that the object of said action is to obtain a judgment declaring that plaintiffs are the owner in fee of the property described above, subject only to the interests of defendants set forth in the complaint, and that the defendants, and each of them, have no right, title, estate, interest, or lien in or upon said real estate, except as set forth in the complaint.
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: April 26, 2024
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 Plaintiff
EXHIBIT A
(Legal Description)
16-CV-24-64
That part of Government Lots 3 & 4, Section 8, Township 61 No1ih, Range 2 East, Cook County, Minnesota, described as follows:
BEGINNING at the West Quarter Corner of Section 8, as monumented by a ½ inch rebar Lic.#43805; thence South 00 degrees 31 minutes 30 seconds West, assumed bearing, along the west line of Government Lot 4, a distance of 1035.32 feet; thence North 47 degrees 09 minutes 10 seconds East 58.23 feet; thence North 59 degrees 17 minutes 21 seconds East 41.09 feet; thence North 87 degrees 16 minutes 37 seconds East 32.37 feet; thence South 81 degrees 15 minutes 54 seconds East 41.54 feet; thence South 71 degrees 53 minutes 30 seconds East 93.60 feet; thence South 59 degrees 01 minutes 33 seconds East 69.45 feet to a line which lies 300.00 feet Easterly of and parallel with the west line of said Government Lot 4; thence North 00 degrees 31 minutes 30 seconds East along said parallel line, a distance of 191.36 feet to a point which lies 500.00 feet northerly along said parallel line from the north right of way line of Minnesota Trunk Highway No. 61; thence North 83 degrees 17 minutes 43 seconds East 393.66 feet; thence North 83 degrees 28 minutes 41 seconds East parallel with the monumented centerline of Minnesota Trunk Highway No. 61, a distance of 400.00 feet; thence South 00 degrees 31 minutes 30 seconds West parallel with the west line of said Government Lot 4, a distance of 500.00 feet to said north right of way line; thence North 83 degrees 28 minutes 41 seconds East along said right of way line, a distance of 74.79 feet; thence North 06 degrees 31 minutes 19 seconds West 500.00 feet; thence North 83 degrees 28 minutes 41 seconds East 211.00 feet; thence South 06 degrees 31 minutes 19 seconds East 192.00 feet; thence North 81 degrees 45 minutes 41 seconds East 107.19 feet; thence North 06 degrees 31 minutes 19 seconds West 88.79 feet; thence North 88 degrees 42 minutes 39 seconds East 190.15 feet; thence North 83 degrees 28 minutes 41 seconds East 250.00 feet; thence South 10 degrees 24 minutes 41 seconds West 400.00 feet to said north right of way line; thence North 83 degrees 28 minutes 41 seconds East along said right of way line, a distance of 50.00 feet, more or less, to the center thread of Durfee Creek; thence meandering northerly along said center thread of Durfee Creek to the north line of Government Lot 3; thence North 88 degrees 58 minutes 44 seconds West along the north lines of Government Lots 3 and 4, a distance of 1950.00 feet, more or less to the West Quarter Corner of Section 8 and POINT OF BEGINNING.
TOGETHER WITH a 33.0 foot wide non-exclusive, perpetual easement for ingress, egress, and utilities over and across that part of Government Lot 3, Section 8, Township 61 North, Range 2 East, Cook County, Minnesota, lying 16.50 feet on each side of a centerline, which is legally described as follows:
COMMENCING at the West Quarter Corner of Section 8, as monumented by a ½ inch rebar Lic.#43805; thence South 00 degrees 31 minutes 30 seconds West, assumed bearing, along the west line of Government Lot 4, a distance of 1035.32 feet; thence North 47 degrees 09 minutes 10 seconds East 58.23 feet; thence North 59 degrees 17 minutes 21 seconds East 41.09 feet; thence North 87 degrees 16 minutes 37 seconds. East 32.37 feet; thence South 81 degrees 15 minutes 54 seconds East 41.54 feet; thence South 71 degrees 53 minutes 30 seconds East 93.60 feet; thence South 59 degrees 01 minutes 33 seconds East 69.45 feet to a line which lies 300.00 feet Easterly of and parallel with the west line of said Government Lot 4; thence North 00 degrees 31 minutes 30 seconds East along said parallel line, a distance of 191.36 feet to a point which lies 500.00 feet northerly along said parallel line from the north right of way line of Minnesota Trunk Highway No. 61; thence North 83 degrees 17 minutes 43 seconds East 393.66 feet; thence North 83 degrees 28 minutes 41 seconds East parallel with the monumented centerline of Minnesota Trunk Highway No. 61, a distance of 400.00 feet; thence South 00 degrees 31 minutes 30 seconds West parallel with the west line of said Government Lot 4, a distance of 500.00 feet to said north right of way line; thence North 83 degrees 28 minutes 41 seconds East along said right of way line, a distance of 74.79 feet; thence North 06 degrees 31 minutes 19 seconds West 500.00 feet; thence North 83 degrees 28 minutes 41 seconds East 211.00 feet; thence South 06 degrees 31 minutes 19 seconds East 192.00 feet; thence North 81 degrees 45 minutes 41 seconds East 107.19 feet; thence North 06 degrees 31 minutes 19 seconds West 20.30 feet to the POINT OF BEGINNING of the centerline to be herein described; thence South 61 degrees 26 minutes 18 seconds East 54.01 feet; thence South 81 degrees 24 minutes 12 seconds East 220.82 feet; thence South 26 degrees 50 minutes 39 seconds East 62.14 feet; thence South 66 degrees 52 minutes 46 seconds East 44.46 feet; thence South 60 degrees 26 minutes 58 seconds East 64.85 feet; thence South 11 degrees 12 minutes 38 seconds East 38.34 feet; thence South 19 degrees 26 minutes 24 seconds West 30.54 feet; thence South 39 degrees 01 minutes 20 seconds West 83.88 feet, more or less, to the north right of way line of Minnesota Trunk Highway No. 61 and there terminating.
SUBJECT TO AND TOGETHER WITH the easement and covenants more fully set forth in that certain Easement Agreement dated February 5, 2024, recorded February 6, 2024 as Document No.138598 in the Cook County Recorder’s Office.
TOGETHER WITH a non-exclusive, perpetual easement for ingress and egress and electric utilities more fully set forth in that certain Boundary Line and Easement Agreement and Mutual Quitclaim Deeds dated November 5, 1993, recorded November 30, 1993 as Document No. 76544 in the Cook County Recorder’s Office and as modified by that certain Easement Clarification Agreement dated December 7, 1993, recorded March 14, 1994, in the Cook County Recorder’s Office as Document No. 77085.
