Gary N. Gorden; Country Manor Partners LLC, Other civil, real property

Published 10:48am Monday, June 24, 2013

(First Publication
June 20, 2013)

STATE OF
MINNESOTA               COUNTY OF
OTTER TAIL

IN DISTRICT COURT
SEVENTH JUDICIAL DISTRICT
14. OTHER CIVIL, REAL PROPERTY
Court File #
56-CV-13-1006

Gary N. Gorden;
Country Manor Partners LLC
Plaintiffs,

vs.

Leslie D. Fronning; Connie Fronning; Michael N. Evavold; Patricia A. Evavold; Minnesota Conference Association of Seventh Day Adventist, a religious corporation under the laws of the State of Minnesota; Galen C. Youngkrantz; Patricia C. Youngkrantz; Norman H. Tungseth; Maxine Tungseth; Schult Homes Corporation; Country Manor, Inc.; James Jaeger; Linda Jaeger; Ray Honigschmidt; Loretta Ann Honigschmidt; Connie Jo Koester; Edwin Anderson; Gunda Anderson; Anton J. Tungseth; Thea Tungseth; R.L.C. Investments, Inc.; Roy E. O’Donnell; Mary K. O’Donnell; CreditAmerica Savings Co. aka American Nat’l Bank of Minnesota 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.

AMENDED SUMMONS

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:

That part of the Southwest Quarter of the Southwest Quarter, Section 13, Township 132, Range 43, Otter Tail County, Minnesota, described as follows.

Commencing at the Southwest corner of said Section 13; thence on an assumed bearing of North along the west line of said Section 13, a distance of 530.70 feet to the northerly line of that certain tract of land described in Warranty Deed Document No. 767519, according to the files of the Recorder, said County; thence North 89 degrees 50 minutes 00 seconds East along said northerly line, a distance of 559.43 feet to the northeast corner of said tract of land, being the point of beginning of the land to be described; thence on a bearing of South along the east line of said tract of land described in Warranty Deed Document No. 767519, a distance of 524.46 feet to the southeast corner of said tract of land; thence North 89 degrees 11 minutes 40 seconds East along the south line of said Southwest Quarter of the Southwest Quarter, a distance of 359.74 feet; thence North 00 degrees 08 minutes 40 seconds West a distance of 520.45 feet to the intersection with the easterly extension of the northerly line of said tract of land described in Warranty Deed Document No. 767519 at a point distant 358.40 feet easterly of the northeast corner thereof; thence South 89 degrees 50 minutes 00 seconds West along said northerly extension a distance of 358.40 feet to the point of beginning. Containing 4.31 acres more or less.

Together with an easement for ingress and egress purposes, over and across the South 20.00 feet of said Southwest Quarter of the Southwest Quarter, Section 13, lying westerly of the above described tract. Also together with an easement for ingress and egress purposes, over and across the South 20.00 feet of the Southeast Quarter of the Southeast Quarter, Section 14, said Township 132, Range 43, lying easterly of the easterly right-of way line of State Trunk Highway No. 59.
AND
That part of the Southwest Quarter of the Southwest Quarter and that part of the Southeast Quarter of the Southwest Quarter, Section 13, Township 132, Range 43, Otter Tail County, Minnesota and that part of the Southeast Quarter of the Southeast Quarter, Section 14, said Township 132, Range 43, being part of Sub-Lot 1, SUB-LOTS 1 & 2, S1/2 OF SE.1/4, SEC. 14, T.132N. R.43W., according to the recorded plat thereof, all described as follows:

Commencing at the Southwest corner of said Section 13; thence on an assumed bearing of North along the west line of said Section 13, a distance of 530.70 feet to the northerly line of that certain tract of land described in Warranty Deed Document No. 767519, according to the files of the Recorder, said County; thence South 89 degrees 50 minutes 00 seconds West along said northerly line, a distance of 384.74 feet to the easterly right-of-way line of State Trunk Highway No. 59, being the point of beginning of the land to be described; thence North 24 degrees 20 minutes 39 seconds West along said easterly right-of-way line, a distance of 869.72 feet to the north line of said Southeast Quarter of the Southeast Quarter, Section 14; thence North 89 degrees 59 minutes 27 seconds East along said north line, a distance of 743.26 feet to the northwest corner of said Southwest Quarter of the Southwest Quarter, Section 13; thence North 89 degrees 32 minutes 12 seconds East along the north line of said Southwest Quarter of the Southwest Quarter, a distance of 1206.23 feet; thence South 45 degrees 19 minutes 21 seconds East a distance of 46.56 feet to the intersection with a line 66.00 feet westerly of, as measured perpendicular to and lying parallel with, the east line of said Southwest Quarter of the Southwest Quarter; thence South 00 degrees 11 minutes 35 seconds East parallel with said east line of the Southwest Quarter of the Southwest Quarter, a distance of 33.00 feet; thence North 89 degrees 32 minutes 12 seconds East parallel with said north line of the Southwest Quarter of the Southwest Quarter, a distance of 66.00 feet to said east line of the Southwest Quarter of the Southwest Quarter; thence South 00 degrees 11 minutes 35 seconds East along last said east line, a distance of 490.23 feet; thence South 89 degrees 59 minutes 30 seconds East a distance of 522.59 feet; thence South 00 degrees 00 minutes 30 seconds West a distance of 27.30 feet to a point hereinafter referred to as Point A; thence continuing South 00 degrees 00 minutes 30 seconds West a distance of 452.70 feet; thence North 89 degrees 59 minutes 30 seconds West a distance of 520.90 feet to said east line of the Southwest Quarter of the Southwest Quarter; thence South 00 degrees 11 minutes 35 seconds East along last said east line, a distance of 278.00 feet to the southeast corner of said Southwest Quarter of the Southwest Quarter; thence South 89 degrees 11 minutes 40 seconds West along the south line of said Southwest Quarter of the Southwest Quarter, a distance of 390.52 feet to a point distant 359.74 feet easterly of the southeast corner of said tract of land described in Warranty Deed Document No. 767519; thence North 00 degrees 08 minutes 40 seconds West a distance of 520.45 feet to the intersection with the easterly extension of the northerly line of said tract of land described in Warranty Deed Document No. 767519 at a point distant 358.40 feet easterly of the northeast corner thereof; thence South 89 degrees 50 minutes 00 seconds West along said northerly extension and along said northerly line of the tract of land described in Warranty Deed Document No. 767519, a distance of 1302.57 feet to the point of beginning.

EXCEPT

That part of the Southeast Quarter of the Southeast Quarter, Section 14, Township 132, Range 43, Otter Tail County, Minnesota, being part of Sub-Lot 1, SUB-LOTS 1 & 2, S1/2 OF SE.1/4, SEC. 14, T.132N. R.43W., according to the recorded plat thereof, described as follows.

Commencing at the Southeast corner of said Section 14; thence on an assumed bearing of North along the east line of said Section 14, a distance of 1331.00 feet to the centerline of Pebble Lake Drive, an existing public road; thence South 89 degrees 50 minutes 00 seconds West along said centerline, a distance of 746.36 feet to the easterly right-of-way line of State Trunk Highway No. 59; thence South 24 degrees 20 minutes 39 seconds East along said easterly right-of-way line, a distance of 36.17 feet to the southerly right-of-way line of said Pebble Lake Drive, being the point of beginning of the land to be described; thence continuing South 24 degrees 20 minutes 39 seconds East along said easterly right-of-way line, a distance of 54.79 feet to the southwest corner of that certain tract of land described in Quit Claim Deed Document No. 903497; thence North 89 degrees 47 minutes 22 seconds East along the southerly line of last said tract of land, a distance of 53.60 feet to the easterly line of last said tract of land; thence North 00 degrees 12 minutes 38 seconds West along said easterly line of last said tract of land, a distance of 49.94 feet to said southerly right-of-way line of Pebble Lake Drive; thence South 89 degrees 50 minutes 00 seconds West along said southerly right-of-way line, a distance of 76.00 feet to the point of beginning.

Containing 44.30 acres more or less.  Subject to the rights of the public in Pebble Lake Drive. Further subject to the Otter Tail Corporation right of way easement in Document No. 970862, according to the recorded files thereof. Further subject to an easement for utility purposes over and across that part of the above described tract lying within a strip of land being 5.00 feet on each side of the following described centerlines:

Commencing at the aforementioned Point A; thence North 89 degrees 59 minutes 48 seconds East a distance of 14.66 feet to the point of beginning of the centerline to be described; thence South 89 degrees 59 minutes 48 seconds West a distance of 581.83 feet to a point hereinafter referred to as Point B; thence North 01 degree 05 minutes 52 seconds West a distance of 543.64 feet; thence North 87 degrees 13 minutes 30 seconds West a distance of 195.31 feet; thence South 88 degrees 55 minutes 15 seconds West a distance of 184.07 feet; thence North 89 degrees 55 minutes 21 seconds West a distance of 1197.41 feet; thence South 86 degrees 19 minutes 58 seconds West a distance of 383.60 feet and there terminating.
AND

Beginning at the aforementioned Point B; thence South 01 degree 21 minutes 43 seconds East a distance of 425.43 feet; thence South 88 degrees 21 minutes 04 seconds East a distance of 234.91 feet and there terminating.

All subject to the contract for deed between the Plaintiffs recorded in the office of the Otter Tail County Recorder as document number 1125605.

YOU ARE FURTHER NOTIFIED that the object of this action is to obtain a judgment that Plaintiffs are the owners in fee simple of the above-described real property; 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:                                Penn C. Brandborg, Attorney for Plaintiffs                315 S. Mill Street               Fergus Falls, MN  56537
218-736-7447,
Att. Reg. No. 166546

Publication Dates: June 20, 27, July 5, 2013.

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