Court File No.: 62-CV-24-2104 IN THE MATTER OF THE CONDEMNATION OF CERTAIN LANDS FOR TRUNK HIGHWAY PURPOSES NOTICEState Of Minnesota, In District Court, County Of Ramsey, Second Judicial District, Case Type: Condemnation State of Minnesota, by its Commissioner of Transportation, Petitioner, vs. BPH 2 LLC, et al. Respondents.To the Respondents hereinabove named: You, and each of you, are hereby notified that on August 28, 2024, at 10:00 a.m., or as soon thereafter as counsel can be heard, before Judge Edward Sheu, in the Courthouse at St. Paul, Ramsey 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. Instructions for attending the remote hearing may be obtained from Ramsey Court Administration. 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 160 203 4490 and the Meeting Password is 962999. 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 September 23, 2024. 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 SEPTEMBER 23, 2024. All advertising signs or devices located in the area being acquired must be removed by September 23, 2024. 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: April 18, 2024KEITH ELISON Attorney General State of Minnesota s/Erik Johnson ERIK JOHNSON Assistant Attorney General Atty. Reg. No. 0247522 445 Minnesota Street, Suite 1800 St. Paul, MN 55101-2134 (651) 757-1476 (Voice) (651) 282-2525(TTY) ATTORNEY FOR PETITIONERSTATE OF MINNESOTA DISTRICT COURT COUNTY OF RAMSEY SECOND JUDICIAL DISTRICT Case Type: Condemnation Court File No.: 62-CV-24-2104 State of Minnesota, by its Commissioner of Transportation, vs. Petitioner, BPH 2 LLC, City of St. Paul, County of Ramsey, Harold Fajardo, Ma. Del Carmen Diaz, U.S. Bank National Association, successor in interest by corporate merger, consolidation, amendment, or conversion to U.S. Bank National Association ND, The Housing and Redevelopment Authority of the City of Saint Paul, Minnesota, Dayton's Bluff Neighborhood Housing Services, United States of America Department of Housing and Urban Development, Gaviota Construction Inc., St. Paul Laundromats, LLC, WESTconsin Credit Union, East Side Neighborhood Development Company, Inc., United States of America Small Business Administration, Noah Vang, Hong Kong Vang, Fong Lee, Don Vang, Vong Yang, Paolee Vang, Yee Lee, Pao Choua Vang, Tou Vang, Theng Vang, Pao Lee, Cha Yang, J. Eagle Vang, doing business as Good Samaritan Transportation, an inactive assumed name, Mee Vang, doing business as Precious & Promise Home Care, Karen Home Health Care Inc., Ana Espinoza Merlos, doing business as Ana Espinoza Agency, Care Plus HHA, Inc., doing business as Care Plus Home Health Agency, Inc., MetroWest Staffing LLC, Hegemon Financial Group, LLC, NuManagement Solutions, Kent W. Jefferson Construction, Inc., an inactive Minnesota Corporation, Kent W. Jefferson, Sherry L. Sanders, Rickie Sanders, Wells Fargo Bank, N.A., Louis Sudheimer, Affinity Plus Federal Credit Union, 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 The State of Minnesota brings this Petition and respectfully states and alleges: I. That Trunk Highway Legislative Route numbered 102, which has been renumbered 61, and which has been located according to law and passes over the lands herein described. That it is duly covered by Temporary Truck Highway Order numbered 8488, Centerline Order numbered 22738, Supplemental Temporary Trunk Highway Temporary Order numbered 100121 and 100122, and Temporary Order numbered 100123. II. That the Commissioner of Transportation deems it necessary that the State of Minnesota for trunk highway purposes obtain a temporary easement in the lands herein described, 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. With reference to Parcel 60, there appears a mortgage executed by Harold Fajardo and Ma. Del Carmen Diaz, husband and wife, of Ramsey County Minnesota, as mortgagors, to the United States of America, acting through the Department of Housing and Urban Development, mortgagee, and filed in the office of the County Recorder in Ramsey County, Minnesota, as follows: Dated Date Filed Document No. September 6, 2018 October 8, 2018 4730049 With reference to Parcel 82, there appears a mortgage executed by St. Paul Laundromats LLC, as mortgagors, to WBD Inc., and assigned to the United States of America, acting through the Small Business Administration, mortgagee, and filed in the office of the County Recorder in Ramsey County, Minnesota, as follows: Dated Date Filed Document No. February 21, 2022 October 20, 2022 4967997 Petitioner requests that the Court authorize the court administrator to accept and deposit payments, in an interest-bearing account, from the Petitioner pursuant to Minn. Stat. § 117.042. Further, Petitioner moves 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. Further, Petitioner moves the Court for an Order requiring the parties to exchange any appraisals at least 14 days before a commissioners' hearing, pursuant to Minn. Stat. § 117.036. 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, if any, 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 Ramsey 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: Parcel 58 C.S. 6221 (61=102) 901 S.P. 6221-107RW The right to use that part of Tract A described below for highway purposes, which right shall cease on December 1, 2027, or on such earlier date upon which the Commissioner of Transportation determines by formal order that it is no longer needed for highway purposes; Tract A. The North 40 feet of the South 85 feet of Lots 16 and 17, Block 2, LOCKWOOD'S ADDITION TO THE CITY OF ST. PAUL, according to the plat thereof on file and of record in the office of the County Recorder in and for Ramsey County, Minnesota; which lies westerly of the following described line: Beginning at a point on the south line of Tract A hereinbefore described, distant 10 feet easterly of the southwest corner thereof; thence northerly parallel with the west line of said Tract A for 25 feet; thence westerly at a right angle for 5 feet; thence northerly at a right angle to the north line of said Tract A and there terminating; containing 324 square feet, more or less. Names of parties interested in the above-described land and nature of interest: BPH 2 LLC Fee City of St. Paul Special Assessments County of Ramsey Taxes Parcel 60 C.S. 6221 (61=102) 901 S.P. 6221-107RW The right to use that part of Tract A described below for highway purposes, which right shall cease on December 1, 2027, or on such earlier date upon which the Commissioner of Transportation determines by formal order that it is no longer needed for highway purposes; Tract A. Lot 15, Block 2, LOCKWOOD'S ADDITION TO THE CITY OF ST. PAUL, according to the plat thereof on file and of record in the office of the County Recorder in and for Ramsey County, Minnesota; which lies westerly and northwesterly of the following described line: Beginning at a point on the south line of Tract A hereinbefore described, distant 5 feet easterly of the southwest corner thereof; thence northerly parallel with the west line of said Tract A to a point distant 10 feet southerly of the north line of said Tract A; thence northeasterly to a point on said north line, distant 30 feet easterly of the northwest corner thereof and there terminating; excepting therefrom the existing building and fence situate thereon; containing 755 square feet, more or less. Names of parties interested in the above-described land and nature of interest: Harold Fajardo Ma. Del Carmen Diaz Fee U.S. Bank National Association, successor in interest by corporate merger, consolidation, amendment, or conversion to U.S. Bank National Association ND Mortgage The Housing and Redevelopment Authority of the City of Saint Paul, Minnesota Mortgage Dayton's Bluff Neighborhood Housing Services Mortgage United States of America, Department of Housing and Urban Development Mortgage Gaviota Construction Inc. Lessee City of St. Paul Special Assessments County of Ramsey Taxes Parcel 82 C.S. 6221 (61=102) 901 S.P. 6221-107RW The right to use that part of Tract A described below for highway purposes, which right shall cease on December 1, 2027, or on such earlier date upon which the Commissioner of Transportation determines by formal order that it is no longer needed for highway purposes; Tract A. Lots 1 and 2, Block 20, ARLINGTON HILLS ADDITION TO THE CITY OF ST. PAUL, according to the plat thereof on file and of record in the office of the County Recorder in and for Ramsey County, Minnesota; which lies easterly of the following described line: Beginning at a point on the north line of Tract A hereinbefore described, distant 16 feet westerly of the northeast corner thereof; thence southerly parallel with the east line of said Tract A for 6 feet; thence easterly at a right angle for 8 feet; thence southerly parallel with said east line for 13 feet; thence easterly at a right angle for 2 feet; thence southerly parallel with said east line for 66 feet; thence easterly at a right angle for 4 feet; thence southerly parallel with said east line to the south line of said Tract A and there terminating; excepting therefrom the existing building and sign situate thereon; containing 674 square feet, more or less. Names of parties interested in the above-described land and nature of interest: St. Paul Laundromats, LLC Fee WESTconsin Credit Union Mortgage East Side Neighborhood Development Company, Inc. Mortgage United States of America, Small Business Administration Mortgage City of St. Paul Special Assessments County of Ramsey Taxes Parcel 38 C.S. 6221 (61=102) 902 S.P. 6221-107RW The right to use that part of Tract A described below for highway purposes, which right shall cease on December 1, 2027, or on such earlier date upon which the Commissioner of Transportation determines by formal order that it is no longer needed for highway purposes; Tract A. Lots 16, 17, and 18, Block 1, OAK VILLE PARK, according to the plat thereof on file and of record in the office of the County Recorder in and for Ramsey County, Minnesota; which lies easterly of the following described line: Beginning at a point on the north line of Tract A hereinbefore described, distant 2 feet westerly of the northeast corner thereof; thence southerly parallel with the east line of said Tract A for 39 feet; thence westerly at a right angle for 3 feet; thence southerly parallel with said east line for 71 feet; thence southwesterly to a point on the south line of said Tract A, distant 9 feet westerly of the southeast corner thereof and there terminating; containing 521 square feet, more or less. Names of parties interested in the above-described land and nature of interest: Noah Vang Fee Hong Kong Vang Fee Fong Lee Fee Don Vang Fee Vong Yang Fee Paolee Vang Fee Yee Lee Fee Pao Choua Vang Fee Tou Vang Fee Theng Vang Fee Pao Lee Fee Cha Yang Fee Don Vang Mortgage Vong Yang Mortgage Fong Lee Mortgage Hong Kong Vang Mortgage Cha Yang Mortgage Noah Vang Mortgage J. Eagle Vang, doing business as Good Samaritan Transportation, an inactive assumed name Lessee Mee Vang, doing business as Precious & Promise Home Care Lessee Karen Home Health Care Inc. Lessee Ana Espinoza Merlos, doing business as Ana Espinoza Agency Lessee Care Plus HHA, Inc., doing business as Care Plus Home Health Agency, Inc. Lessee MetroWest Staffing LLC Lessee Hegemon Financial Group, LLC Lessee NuManagement Solutions Lessee County of Ramsey Taxes and Special Assessments Parcel 39 C.S. 6221 (61=102) 902 S.P. 6221-107RW The right to use the following described strips for highway purposes, which right shall cease on December 1, 2027, or on such earlier date upon which the Commissioner of Transportation determines by formal order that it is no longer needed for highway purposes; Tract A. Lot 1, Block 6, OAK VILLE PARK, according to the plat thereof on file and of record in the office of the County Recorder in and for Ramsey County, Minnesota; A strip being the easterly 3 feet of Tract A hereinbefore described; A strip being the southerly 4 feet of Tract A hereinbefore described, adjoining and westerly of the above described strip; A strip being the northerly 2 feet of the easterly 12 feet of Tract A hereinbefore described, adjoining and westerly of the first above described strip; containing 536 square feet, more or less. Names of parties interested in the above-described land and nature of interest: Kent W. Jefferson Construction, Inc., an inactive Minnesota Corporation Fee Kent W. Jefferson Claimant of Fee County of Ramsey Taxes and Special Assessments Parcel 66 C.S. 6221 (61=102) 902 S.P. 6221-107RW The right to use the easterly 3 feet of Tract A described below for highway purposes, which right shall cease on December 1, 2027, or on such earlier date upon which the Commissioner of Transportation determines by formal order that it is no longer needed for highway purposes; Tract A. Lot 15, except the Northerly 10 feet thereof, and Lot 16, Block 1, PHALEN VIEW, according to the plat thereof on file and of record in the office of the County Recorder in and for Ramsey County, Minnesota; the title thereto being registered as evidenced by Certificate of Title No. 552741; containing 240 square feet, more or less. Names of parties interested in the above-described land and nature of interest: Sherry L. Sanders Rickie Sanders Fee Wells Fargo Bank, N.A. Mortgage City of St. Paul Special Assessments County of Ramsey Taxes Parcel 68 C.S. 6221 (61=102) 902 S.P. 6221-107RW The right to use the easterly 3 feet of Tract A described below for highway purposes, which right shall cease on December 1, 2027, or on such earlier date upon which the Commissioner of Transportation determines by formal order that it is no longer needed for highway purposes; Tract A. Lot 12, except the North 25 feet thereof, and Lot 13, Block 1, PHALEN VIEW, according to the plat thereof on file and of record in the office of the County Recorder in and for Ramsey County, Minnesota; the title thereto being registered as evidenced by Certificate of Title No. 651583; containing 195 square feet, more or less. Names of parties interested in the above-described land and nature of interest: Louis Sudheimer Fee Affinity Plus Federal Credit Union Mortgage City of St. Paul Special Assessments County of Ramsey Taxes WHEREFORE, Petitioner requests that the Court grant this petition, that the Court appoint commissioners 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: April 12, 2024 KEITH ELLISON Attorney General State of Minnesota s/ Erik M. Johnson ERIK M. JOHNSON Assistant Attorney General Atty. Reg. No. 0247522 445 Minnesota Street, Suite 1400 St. Paul, Minnesota 55101-2131 (651) 757-1476 (Voice) (651) 297-1235 (Fax) erik.johnson@ag.state.mn.us ATTORNEY FOR PETITIONER MINN. STAT. § 549.211 ACKNOWLEDGMENT The party or parties on whose behalf the attached document is served acknowledge through their undersigned counsel that sanctions may be imposed pursuant to Minn. Stat. § 549.211. Dated: April 12, 2024 KEITH ELLISON Attorney General State of Minnesota s/ Erik M. Johnson ERIK M. JOHNSON Assistant Attorney General Atty. Reg. No. 0247522(April 25-May 2-9) ======== ST. PAUL LEGAL LEDGER ======= 2606768