PN-1-Summons O’Connell 32-24

SUMMONS

STATE OF MINNESOTA

COUNTY OF FILLMORE

DISTRICT COURT

THIRD JUDICIAL DISTRICT

OTHER CIVIL-QUIET TITLE ACTION

Daniel J. O'Connell, Patricia A. O'Connell, Eric Flatten, Lisa Reiland, Susan Irene Thompson, Barbara Mosher Revocable Living Trust, City of Spring Valley, formerly known as The Village of Spring Valley, a municipal corporation,

Plaintiffs,

vs.

I. N. Cummings, Cordelia Wilkins, Charity F. Billings, Sarah Wilkins, A. N. Hawks, Fannil Hawks, C. F. Billings, H. A. Billings, J. M. Strong, Louise M. Strong, Joseph B. Thayer, Elsie P. Thayer, J. N. Cummings, M. S. Cummings, H. N. Billings, Methodist Episcopal Church, Trustees of the 1st M.E. Church, J.B. Thayer, Spring Valley Company, Edwin Burdick, Dryden Smith, Harrison A. Billings, Ephraim McMurtrie, A. W. Thompson, Thaddeus A. Wilkins, G. Wilder, Susan Wilder, George G. Wilder; also all other persons or entities unknown claiming any right, title, estate, interest or lien in the real estate described in the Complaint herein, including the heirs-at-law, and legatees and devisees of any of the foregoing Defendants who are deceased or dissolved,

Defendants.

THIS SUMMONS IS DIRECTED TO ALL DEFENDANTS NAMED ABOVE.

1. YOU ARE BEING SUED. The Plaintiff has started a lawsuit against you. The Plaintiffs Complaint against you is on file in the office of the Court Administrator of the above­ named Court. You must respond to this lawsuit.

2. YOU MUST REPLY WITHIN 20 DAYS TO PROTECT YOUR RIGHTS. You must give or mail to the person who signed this Summons a written response called an Answer within 20 days after service of the Summons upon you exclusive of the day of service. You must send a copy of your Answer to the person who signed this Summons located at:

Baudler, Maus, Forman & King, LLP

108 North Main Street

Austin, MN 55912

3. YOU MUST RESPOND TO EACH CLAIM. The Answer is your written response to the Plaintiffs Complaint. In your Answer you must state whether you agree or disagree with each paragraph of the Complaint. If you believe the Plaintiff should not be given everything asked for in the Complaint, you must say so in your Answer.

4. YOU WILL LOSE YOUR CASE IF YOU DO NOT SEND A WRITTEN RESPONSE TO THE COMPLAINT TO THE PERSON WHO SIGNED THIS SUMMONS. If you do not deliver your Answer to the Plaintiff within 20 days, you will lose this case. You will not get to tell your side of the story, and the Court may decide against you and award the Plaintiff everything asked for in the Complaint. If you do not want to contest the claims stated in the Complaint, you do not need to  respond.  A default judgment  can then  be entered  against you for the relief requested in the  Complaint.

5. LEGAL ASSISTANCE. You may wish to get legal help from a lawyer. If you do not have a lawyer, the Court Administrator may have information about places where you can get legal assistance. Even if you cannot get legal help, you must still provide a written Answer to protect your rights or you may lose the case.

6. ALTERNATIVE DISPUTE RESOLUTION. The parties may agree to or be ordered to participate in an alternative dispute resolution process under Rule 114 of the Minnesota General Rules of Practice. You must still send your written Answer to the Complaint even if you expect to use alternative means of resolving this dispute.

7. THIS LAWSUIT MAY AFFECT OR BRING INTO QUESTION TITLE TO REAL PROPERTY located in Fillmore County, State of Minnesota, legally described as follows:

Parcel 1:

That part of the VILLAGE OF SPRING VALLEY, SPRING VALLEY COMPANY'S ADDITION, according to the recorded plats thereof, and the Southeast Quarter of the Northeast Quarter of Section 33, Township 103 North, Range 13 West, Fillmore County, Minnesota, described as follows:

Commencing at the northeast comer of Block 18, VILLAGE OF SPRING VALLEY; thence South 89 degrees 18 minutes 47 seconds East along the easterly projection of the north line of said Block 18, which is assumed to bear South 89 degrees 18 minutes 47 seconds East, a distance of 82.51 feet to the point of beginning, being a point on a line which is parallel with and 82.50 feet east of both the east line of said Block 18 and the east line of Block 21 in SPRING VALLEY COMPANY'S ADDITION; thence continuing South 89 degrees 18 minutes 47 seconds East along said easterly projection, a distance of 262.66 feet; thence South 01 degrees 21 minutes 05 seconds West, a distance of 593.79 feet to a point on a line which is parallel with and 66.00 north of the north line of Block 34 in said SPRING VALLEY COMPANY'S ADDITION; thence North 89 degrees 38 minutes 49 seconds West along said parallel line, a distance of 263.19 feet to the intersection with the aforementioned line which is parallel with and 82.50 feet east of both the east line of said Block 21 in said SPRING VALLEY COMPANY'S ADDITION and said east line of Block 18 in said VILLAGE OF SPRING VALLEY; thence North 01 degrees 24 minutes 01 seconds East along said parallel line, a distance of 595.33 feet to the point of beginning.

Contains 3.59 acres of land.

PARCEL 2:

That part of the VILLAGE OF SPRING VALLEY, according to the recorded plat thereof, and the Southeast Quarter of the Northeast Quarter of Section 33, Township 103, Range 13 West, Fillmore County, Minnesota, described as follows:

Commencing at the northeast comer of Block 18, VILLAGE OF SPRING VALLEY; thence South 89 degrees 18 minutes 47 seconds East along the easterly projection of the north line of said Block 18, which is assumed to bear South 89 degrees 18 minutes 47 seconds East, a distance of 82.51 feet to a point on a line which is parallel with and 82.50 feet east of both the east line of said Block 18 and the east line of Block 21 in SPRING VALLEY COMPANY'S ADDITION; thence continuing South 89 degrees 18 minutes 47 seconds East along said easterly projection, a distance of 262.66 feet; thence South 01 degrees 21 minutes 05 seconds West, a distance of 330.18 feet to the westerly projection of the north line of Block 23 in SPRING VALLEY COMPANY'S ADDITION; thence South 89 degrees 28 minutes 48 seconds East along said westerly projection, a distance of 43.00 feet to the southerly projection of the west line of Block 17 in THE VILLAGE OF SPRING VALLEY; thence North 01 degrees 21 minutes 05 seconds East along said southerly projection, a distance of 66.01 feet to the Southwest Comer of said Block 17 and the point of beginning; thence North 89 degrees 28 minutes 48 seconds West along the westerly projection of the south line of said Block 17, a distance of 23.00 feet; thence North 01 degrees 21 minutes 05 seconds East, a distance of 73.66 feet; thence South 88 degrees 38 minutes 55 seconds East, a distance of 23.00 feet to the west line of said Block 17; thence South 01 degrees 21 minutes 05 seconds West along said west line, a distance of 73.32 feet to said southwest comer of Block 17 and the point of beginning.

Contains 0.04 acres of land.

PARCEL 3:

That part of the VILLAGE OF SPRING VALLEY, according to the recorded plat thereof, and the Southeast Quarter of the Northeast Quarter of Section 33, Township 103 North, Range 13 West, Fillmore County, Minnesota, described as follows:

Commencing at the northeast comer of Block 18, VILLAGE OF SPRING VALLEY; thence South 89 degrees 18 minutes 47 seconds East along the easterly projection of the north line of said Block 18, which is assumed to bear South 89 degrees 18 minutes 47 seconds East, a distance of 82.51 feet to a point on a line which is parallel with and 82.50 feet east of both the east line of said Block 18 and the east line of Block 21 in SPRING VALLEY COMPANY'S ADDITION; thence continuing South 89 degrees 18 minutes 47 seconds East along said easterly projection, a distance of 262.66 feet; thence South 01 degrees 21 minutes 05 seconds West, a distance of 330.18 feet to the westerly projection of the north line of Block 23 in SPRING VALLEY COMPANY'S ADDITION; thence South 89 degrees 28 minutes 48 seconds East along said westerly projection, a distance of 43.00 feet to the southerly projection of the west line of Block 17 in THE VILLAGE OF SPRING VALLEY; thence North 01 degrees 21 minutes 05 seconds East along said southerly projection, a distance of 66.01 feet to the Southwest Corner of said Block 17; thence North 89 degrees 28 minutes 48 seconds West along the westerly projection of the south line of said Block 17, a distance of 23.00 feet; thence North 01 degrees 21 minutes 05 seconds East, a distance of 132.06 feet to the point of beginning; thence continuing North 01 degrees 21 minutes 05 seconds East, a distance of 132.06 feet to said easterly projection of said north line of Block 18; thence South 89 degrees 18 minutes 47 seconds East along said easterly projection, a distance of23.00 feet to the northwest corner of said Block 17; thence South 01 degrees 21 minutes 05 seconds West along the west line of said Block 17, a distance of 132.02 feet to a point that bears South 89 degrees 23 minutes 48 seconds East from the point of beginning; thence North 89 degrees 23 minutes 48 seconds West, a distance of 23.00 feet to the point of beginning.

Contains 0.07 acres of land.

PARCEL 4:

That part of the VILLAGE OF SPRING VALLEY, according to the recorded plat thereof, and the Southeast Quarter of the Northeast Quarter of Section 33, Township 103 North, Range 13 West, Fillmore County, Minnesota, described as follows:

Commencing at the northeast corner of Block 18, VILLAGE OF SPRING VALLEY; thence South 89 degrees 18 minutes 47 seconds East along the easterly projection of the north line of said Block 18, which is assumed to bear South 89 degrees 18 minutes 47 seconds East, a distance of 82.51 feet to a point on a line which is parallel with and 82.50 feet east of both the east line of said Block 18 and the east line of Block 21 in SPRING VALLEY COMPANY'S ADDITION; thence continuing South 89 degrees 18 minutes 47 seconds East along said easterly projection, a distance of 262.66 feet; thence South 01 degrees 21 minutes 05 seconds West, a distance of 330.18 feet to the westerly projection of the north line of Block 23 in SPRING VALLEY COMPANY'S ADDITION; thence South 89 degrees 28 minutes 48 seconds East along said westerly projection, a distance of 43.00 feet to the southerly projection of the west line of Block 17 in THE VILLAGE OF SPRING VALLEY; thence North 0ldegrees 21 minutes 05 seconds East along said southerly projection, a distance of 66.01 feet to the southwest corner of said Block 17; thence North 89 degrees 28 minutes 48 seconds West along the westerly projection of the south line of said Block 17, a distance  of 23.00 feet; thence North 01 degrees 21  minutes  05 seconds  East,  a distance of 73.66 feet to the point of beginning; thence continuing North 1 degrees 21 minutes 05 seconds East, a distance of 58.40 feet; thence South 89 degrees 23 minutes 48 seconds East, a distance  of 23.00 feet to the west line of said Block 17; thence South 01 degrees 21 minutes 05 seconds West along said west line, a distance of 58.70 feet to a point that bears South 88 degrees 38 minutes 55 seconds East from the point of beginning; thence North 88 degrees 38 minutes 55 seconds West, a distance of 23.00 feet to the point of beginning.

Contains 0.03 acres of land.

PARCEL 5:

That part of the VILLAGE OF SPRING VALLEY, according to the recorded plat thereof, and the Southeast Quarter of the Northeast Quarter of Section 33, Township 103 North, Range 13 West, Fillmore County, Minnesota, described as follows:

Commencing at the northeast comer of Block 18, VILLAGE OF SPRING VALLEY; thence South 89 degrees 18 minutes 47 seconds East along the easterly projection of the north line of said Block 18, which is assumed to bear South 89 degrees 18 minutes 47 seconds East, a distance of 82.51 feet to a point on a line which is parallel with and 82.50 feet east of both the east line of said Block 18 and the east line of Block 21 in SPRING VALLEY COMPANY'S ADDITION; thence continuing South 89 degrees 18 minutes 47 seconds East along said easterly projection, a distance of 262.66 feet to the point of beginning; thence South 01 degrees 21 minutes 05 seconds West, a distance of 330.18 feet to the westerly projection of the north line of Block 23 in SPRING VALLEY COMPANY'S ADDITION; thence South 89 degrees 28 minutes 48 seconds East along said westerly projection, a distance of 43.00 feet to the southerly projection of the west line of Block 17 in THE VILLAGE OF SPRING VALLEY; thence North 01 degrees 21 minutes 05 seconds East along said southerly projection, a distance of 66.01 feet to the southwest comer of said Block 17; thence North 89 degrees 28 minutes 48 seconds West along the westerly projection of the south line of said Block 17, a distance of23.00 feet; thence North 01 degrees 21 minutes 05 seconds East, a distance of 264.11 feet to the easterly projection of said Block 18; thence North 89 degrees 18 minutes 47 seconds West along said easterly projection, a distance of 20.00 feet to the point of beginning.

Contains 0.19 acres of land.

The object of said action is to obtain a judgment determining that the Plaintiffs are the owners of the above-described real estate, title to which is affected by said action, and the Defendants and each of them have no right, title, estate, claim, lien or interest in or to said real property, or any part thereof, in quieting title to said premises in the Plaintiffs.

NOTICE OF NO PERSONAL CLAIM

No personal claim is made against any of the Defendants in the above-entitled claim.

Dated this 16th day of July, 2018.

Baudler, Maus, Forman & King, LLP

By: /s/ Lee A. Bjorndal

Lee A. Bjorndal #218443

Attorney for Plaintiffs

108 North Main Street

Austin, MN 55912

(507) 433-2393

8/8, 8/15, 8/22

 

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