NOTICE AND ORDER OF HEARING
ON PETITION FOR PROBATE OF
WILL AND APPOINTMENT OF
PERSONAL REPRESENTATIVE AND
NOTICE TO CREDITORS
STATE OF MINNESOTA
COUNTY OF ST. LOUIS
SIXTH JUDICIALDISTRICT COURT
PROBATE DIVISION
Court File No. 69VI-PR-21-97
ESTATE OF
ALBERT OWEN ZUPANCICH,
AKA ALBERT O. ZUPANCICH,
And ALBERT ZUPANCICH
Decendent.
It is Ordered and Notice is given that
on September 8, 2021, at 9:00a.m.,
a hearing will be held in this Court
at Virginia, Minnesota, for the formal
probate of an instrument purporting
to be the Will of the Decedent dated,
July 19, 2017, (“Will”), and for the
appointment of Susan M. Chiabotti,
whose address is 5655 Hoodoo
Point Rd., PO Box 705, Tower, MN
55790 as Personal Representative
of the Estate of the Decedent in an
unsupervised administration. Any
objections to the petition must be
filed with the Court prior to or raised
at the hearing. If proper and if no
objections are filed or raised, the
Personal Representative will be appointed with full power to administer
the Estate, including the power to
collect all assets, pay all legal debts,
claims, taxes and expenses, to sell
real and personal property, and do
all necessary acts for the Estate. If
you have an objection to this case,
please contact Court Administration
at (218) 726-2460 option #6 for further instructions as these hearings
are currently held remotely due to
the pandemic.
Notice is also given that (subject to
Minn. Stat. 524.3-801) all creditors
having claims against the Estate
are required to present the claims
to the Personal Representative or to
the Court Administrator within four
months after the date of this Notice
or the claims will be barred.
BY THE COURT
Michelle Anderson
July 22, 2021 2:10 PM
Judge of District Court
Amy Turnquist,
Court Administrator
Chelsea Opdahl,
July 22, 2021 2:29PM
Deputy
Attorney for Petitioner
Alicia L. Cope
Cope & Peterson, Ltd.
415 South First Street
Virginia, MN 55792
Attorney License No: 0284993
Telephone (218)749-4470
FAX: (218)749-4783
Email: alicia@copepeterson.com
(htf 07-30,08-06, 2021)
CITY OF EVELETH
MAY 2021 CLAIMS
4TH OF JULY COMMITTEE $7,550.00
AGOBRIENPLUMBING&HEAT
$339.03
A-1 RENTAL SERVICES INC $582.14
A-1 SERVICES, INC. $682.50
ADAMS CASSIE $6,421.00
ADVANCED CONSTRUCTION SERVIC
ES $250.00
AFSCME COUNCIL 65 $1,168.93
APG MEDIA OF MN $342.40
AT&T MOBILITY $512.23
AUTO VALUE VIRGINIA $205.31
AUTO ZONE $12.19
BAKER & TAYLOR $1,413.78
BENCHMARK ENGINEERING INC
$11,428.50
BK ELECTRIC $990.00
BLACKSTONE PUBLISHING $417.31
BOUND TREE MEDICAL LLC
$1,526.67
BUHL WATER CO., INC $56.00
CARDMEMBER SERVICE $12,649.96
CENTER POINTLARGE PRINT $136.62
CHERRO, KENNE & ROBERT $5,159.56
CHRISTENSEN PARTS SERVICE
$168.06
CINTAS $148.44
CITY OF VIRGINIA FIRE/AMBULANC
$1,200.00
CLAREY S SAFETY EQUIPMENT
$5,850.21
CLUB MESABI, INC. $100.00
COAST TO COAST SOLUTIONS
$402.21
COCARD MERCHANT SERVICE
$18.80
COLOSIMO, PATCHIN, & KEARNEY
$2,282.00
CONSOLIDATED COMMUNICATIONS
$6.35
COORDINATED BUSINESS SYSTEMS
$120.09
CREATIVE PRODUCT SOURCE, INC
$303.15
DELTA DENTAL OF MINNESOTA
$3,749.58
DEMCO $212.80
DEPT OF HUMAN SERVICES
$20,226.00
DEX YP $46.50
DEZURIK $751.63
DULUTH NEWS-TRIBUNE $346.84
ED S BODY SHOP $155.00
E-F CABLE ACCESS CHANNEL 12
$7,620.00
ELIAS, BRANDON $60.00
ELVERUM, THERESE $8,286.67
ESSENTIA HEALTH $300.00
EVELETH PUBLIC UTILITIES $2,269.34
EXPERT T BILLING $3,240.00
FAIRVIEW HEALTH SERVICES
$310.00
FASTENAL COMPANY $749.74
FAYAL PUBLIC UTILITIES $92.00
FAYAL TOWN OF $146.65
FERGUSON ENTERPRISES LLC #1657
$431.45
FERRELLGAS $170.44
FIRE SAFETY USA, INC $275.00
FIVE SEASONS SPORTS CENTER
$5,396.65
FRYBERGER LAW FIRM $5,167.00
FURTHER $633.85
G MEN $19,391.24
GALE/CENGAGE LEARNING
$212.73
GALLS, LLC $350.44
GARTNER REFRIG & MFG, INC
$240.00
GOPHER STATE ONE-CALL $43.20
GRANDE ACE HARDWARE $219.25
HAWKINS WATER TREATMENT GRO
UP $1,221.33
HIGGINS, MARY ELLEN $144.00
HOMETOWN ELECTRIC $349.64
HOMETOWN FOCUS $251.50
HOROSHAK, ED $600.00
IMAGETEK, INC. $389.00
INNOVATIVE OFFICE SOLUTIONS
$642.60
INTERNAL REVENUE SERVICE
$44,891.40
IRON RANGE TOURISM BUREAU
$26,896.07
JEFFERIES, ANTHONY $2,722.40
JOLA & SOPP EXCAVATING, INC
$1,740.00
JON S DRUG $8.57
JUNIOR LIBRARY GUILD $256.00
KELLER, MICHAEL $650.00
L&L RENTALS $556.74
L&M SUPPLY $446.47
LAW ENFORCEMENT LABOR SERV
$508.00
LMC INS TRUST WC $6,016.00
LMC INS. TRUST $500.00
LUNDGREN MOTORS $11,505.89
MACQUEEN EQUIPMENT, INC
$429.64
MARGIES ROOSEVELT $190.00
MEDIACOM $883.70
MEDICO LIFE AND HEALTH INSURAN
$161.20
MENARDS $1,821.89
MESABI SIGN CO. -$100.00
METERING & TECHNOLOGY SOLUTION $1,871.97
METRO SALES INC $484.15
MID-STATE TRUCK SERVICE, INC
$1,274.47
MINERS NATIONAL BANK $29,065.06
MINN BOARD OF PEACE OFFICER
$90.00
MINN DEPT OF HEALTH $4,218.00
MINN DEPT OF REVENUE (SALES TX
$9,603.00
MINN DEPT OF REVENUE(WITHHOLD)
$8,880.25
MINN ENERGY RESOURCES CORP
$4,056.27
MINN POLLUTION CONTROL AGENCY
$668.89
MINN POWER $35,110.07
MINNESOTA VALLEY TESTING LABS
$50.00
MN CHILD SUPPORT PAY CENTER
$495.00
MN DEFERRED COMP $6,940.04
MN STATE RETIREMENT SYSTEM
$869.32
MONSTERS INK $190.00
NCPERS GROUP LIFE INSURANCE
$112.00
NESS, BRIAN $800.00
NORTHEAST SERVICE COOP.
$73,978.00
NORTHERN BUSINESS PRODUCTS
$6,887.68
NORTHERN ENGINE & SUPPLY $44.00
NORTHERN MN CONSULTING & TEC
HN $2,260.00
NORTHLAND FIRE & SAFETY, INC.
$408.50
NORTHLAND LAWN & SPORT $15.84
OFFICE ENTERPRISES, INC. $1,749.00
OLD TIME OIL & AUTO WORKS
$5,878.00
OSI ENVIRONMENTAL INC $1,320.75
P.E.R.A. $35,192.52
PACE ANALYTICAL SERVICES $74.00
PARTS CITY/CHAMPTION AUTO
$595.38
POMPS TIRE SERVICE, INC $1,253.48
POSTMASTER $963.52
PRAXAIR $417.10
PUBLIC AGENCY TRAINING COUNCIL
$495.00
R.C. FABRICATORS INC $222.50
RAINY LAKE OIL, INC $451.00
RANGE COOP $298.00
RANGE LANDSCAPE $196.00
RANGE OFFICE SUPPLY $45.98
RANGE PAPER CORP $772.70
RANGE PRINT SHOP $309.75
RAUZI, JOHN $134.50
RCB COLLECTIONS $15.00
RGGS LAND & MINERALS LTD, LP
$150.00
RINNE, JOHN R $6,933.06
RMB ENVIRONMENTAL LABORATORIES $862.00
S&S WORLDWIDE, INC. $168.13
SERVICE SOLUTIONS $465.92
STAR TRIBUNE $527.80
STREICHER S $815.83
TDS METROCOM $315.50
THE TESSMAN COMPANY $795.42
ULINE $368.46
UNITED STEEL WORKERS $483.96
USA BLUE BOOK $167.51
VELOSUM $206.00
W.A. FISHER CO. $70.00
WASCHKE, KEN AUTO PLAZA $277.02
WILKENS INDUSTRIES $431.97
WRIGHT EXPRESS $4,185.52
ZIEGLER INC $1,293.94
Total
$504,494.21
(htf 07-30, 2021)
Minutes of the
Eveleth City Council
Special Meeting, June 21, 2021
Mayor Vlaisavljevich called the meeting
to order at 9:01 a.m.
Approved the 2nd Amendment to
Agreement Regarding School
District Property for School District
No. 2909, Rock Ridge Public
Schools.
Accepted quotation from Nelson Wood
Products of Togo to log designated
City owned property located on
Station 44 Road/Highway 37; to
allow Nelson Wood Products to
keep the proceeds of the lumber
in exchange for logging and 10
hours of clean up; and to allow an
option to add additional hours
necessary to complete clean up
the site at a rate agreed upon
between the City of Eveleth and
Nelson Wood Products.
The meeting adjourned at 9:21 a.m.
(htf 07-30, 2021)
Minutes of the
Eveleth City Council Meeting
June 8, 2021
Mayor Vlaisavljevich called the meeting
to order at 5:00 p.m.
Approved the following minutes:
1. Minutes of City Council Workshop
held May 13, 2021;
2. Minutes of City Council Meeting held
May 18, 2021; and
3. Minutes of City Council Workshop
held May 25, 2021.
Approved the agenda with the following
addition:
J10. Discuss signage on trails in Eveleth
Approved Consent Agenda as follows:
1. Approval of Payroll – May 1-15, 2021
in the amount of $113,499.49
2. Approval of Payroll – May 16-31,
2021 in the amount of $142,741.15
3. Approval of Claims – May 2021 in
the amount of 504,494.21
Rescinded Resolution No. 2020-08,
“Resolution Declaring a Local Emer
gency.”
Authorized transferring the St. Louis
County refuse service fee collection
back to St. Louis County.
Accepted quotation from Zeigler CAT at
a cost not to exceed $120,000.
Accepted quotation from Braun NW Inc.
for a new ambulance in the amount
of $234,086.
Approved the quotation from DSC Com
munications for public works radios
and installation in the amount not to
exceed $45,000.
Approved Pay Request No. 1 from
Veit and Company in the amount
of $144,465.38 for the Garfield Street
Reconstruction Project.
Approved the 2021 Discretionary
Expenditures.
Approved proposal from PSN and Ban
yon Data Systems for accepting
credit cards and electronic pay
ments.
Approved lease with Minnesota
Department of Natural Resources
for observation lookout and roadway
at Leonidas Overlook.
The meeting adjourned at 5:48 p.m.
A complete copy of the June 8, 2021
minutes is available at www.evelethmn.
com.
(htf 07-30,2021)
CONDEMNATION
STATE OF MINNESOTA
COUNTY OF ST. LOUIS
IN DISTRICT COURT
SIXTH JUDICIAL DISTRICT
COURT FILE NO. 69DU-CV-21-1271
State of Minnesota,
by its Commissioner of Transportation,
Petitioner,
Vs.
Erik S. Nelson, et al.
Respondents.
IN THE MATTER OF THE
CONDEMNATION OF
CERTAIN LANDS FOR TRUNK
HIGHWAY PURPOSES NOTICE
To the Respondents hereinabove
named:
You, and each of you, are hereby noti
fied that on October 25, 2021, at
1:30 pm., or as soon thereafter as
counsel can be heard, via remote
hearing, from the at Duluth, St.
Louis County Courthouse, Minnesota, the above named petitioner will
present to the above named Court
a petition now on file herein for
the condemnation of certain lands
for trunk highway purposes. You
are notified this matter is set for a
remote hearing. This hearing will
not be in person at the courthouse.
Instructions for attending the remote
hearing may be obtained from St.
Louis County Court Administration.
A copy of said petition is attached
hereto and incorporated herein.
YOU, AND EACH OF YOU, ARE FUR
THER NOTIFIED, That at the above
time and place the above-named
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 November 28, 2021
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
NOVEMBER 28, 2021.
All advertising signs or devices
located on the property being
acquired must be removed by
November 28, 2021.
YOU, AND EACH OF YOU, ARE FUR
THER 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: 7/27/21
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 1800
St. Paul, Minnesota 55101-2134
(651) 757-1476 (Voice)
(651) 297-1235 (Fax)
erik.johnson@ag.state.mn.us
ATTORNEY FOR PETITIONER
CONDEMNATION
STATE OF MINNESOTA
COUNTY OF ST. LOUIS
IN DISTRICT COURT
SIXTH JUDICIAL DISTRICT
– – – – –
State of Minnesota, by its Commission
er of Transportation,
Petitioner,
vs.
Erik S. Nelson, Amanda L. Nelson,
Northern State Bank of Virginia,
County of St. Louis, State of Minnesota for County of St. Louis, State
of Minnesota St. Louis County Land
Department, Emmett C. Berens,
Judith M. Berens, Paul B. Berens,
Pamela Berens, Kimberly J. Berens,
State of Minnesota Department of
Natural Resource Division of Lands
and Minerals, Unknown heirs of
Elisa L. Morrison, deceased, Lutheran Social Service of Minnesota,
as guardian of Gerald L. Morrison,
ward, Rollan L. Hoke, Jack Thomas
Lopac, Kelly Sue Lopac, Compeer
Financial, FLCA, Thomas A Slack,
Ramona C. Slack, Unknown heirs
of Georgia Ellingson, deceased,
Thomas Eugene Slack, Marcus Allen
Slack, Debra Kay Otto, 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
– – – – –
To the District Court above named the
State of Minnesota brings this
Petition and respectfully states and
alleges:
I.
That Trunk Highway Legislative Route
numbered 160, which has been
renumbered 1, and which has been
located according to law and passes
over the lands herein described.
That it is duly covered by Right of
Way Plat Orders numbered 98318,
98319, 98321, 98322, 98323, 98325
and 98326.
II.
That the Commissioner of Transporta
tion deems it necessary that the
State of Minnesota for trunk highway
purposes obtain the lands herein
described in fee simple absolute.
With reference to Parcel 54, it is
the intention of this proceeding to
except all severed mineral rights, not
including rights to sand and gravel,
and reserve to the owners of the
severed mineral rights, their heirs,
successors and assigns, the rights
and privileges to explore for, mine,
and remove the minerals, but only
in such manner that will not interfere
with the use of said land for highway
purposes or with the safe and
continuous operation of any public
highway thereon, and further the
severed mineral owners reserve the
right to relocate the highway at the
mineral owners’ expense pursuant
to Minnesota Statutes §l60.l0 as
such may be amended.
It is the intention of the abovenamed petitioner to move the court
for an order authorizing the Court
Administrator to accept and deposit in an interest bearing account
payments from the petitioner to
the court pursuant to Minnesota
statutes.
Further, it is the intention of the
above-named petitioner to move 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 Minnesota
Statutes §117.042.
The 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, 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 St. Louis 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:
FEE ACQUISITION
Parcel 20 C.S. 6901 (1=160) 902
S.P. 3101-37RW
All of the following:
That part of the North Half of
the Northeast Quarter and
the Northeast Quarter of
the Northwest Quarter and
Government Lot 1, all in Section
18, Township 62 North, Range
21 West, shown as Parcel 20
on Minnesota Department of
Transportation Right of Way
Plat Numbered 69-176 as the
same is on file and of record in
the office of the County Recorder in and for St. Louis County,
Minnesota;
containing 8.76 acres, more or less.
Names of parties interested in the
above described land and nature of
interest:
Erik S. Nelson
Amanda L. Nelson Fee
Northern State Bank of Virginia
Mortgage
County of St. Louis Taxes
FEE ACQUISITION
Parcel 37 C.S. 6901 (1=160) 902
S.P. 3101-37RW
All of the following:
That part of the Southwest
Quarter of the Southeast
Quarter in Section 10, and the
Northwest Quarter of the Northeast Quarter in Section 15, both
in Township 62 North, Range
21 West, shown as Parcel 37
on Minnesota Department of
Transportation Right of Way
Plat Numbered 69-179 as the
same is on file and of record in
the office of the County Recorder in and for St. Louis County,
Minnesota;
containing 4.55 acres, more or less.
Names of parties interested in the
above described land and nature of
interest:
State of Minnesota
for County of St. Louis Tax Title
FEE ACQUISITION
Parcel 51 C.S. 6901 (1=160) 902
S.P. 3101-37RW
All of the following:
That part of the Northeast Quarter of the Northeast Quarter in
Section 14 and the East Half
of the Southeast Quarter in
Section 11, all in Township 62
North, Range 21 West, shown
as Parcel 51 on Minnesota
Department of Transportation
Right of Way Plat Numbered
69-180 as the same is on file
and of record in the office of the
County Recorder in and for St.
Louis County, Minnesota;
containing 6.68 acres, more or less.
Names of parties interested in the
above described land and nature of
interest:
State of Minnesota
for County of St. Louis Tax Title
FEE ACQUISITION
Parcel 53 C.S. 6901 (1=160) 902
S.P. 3101-37RW
All of the following:
That part of the Northeast
Quarter of Southeast Quarter in
Section 14, Township 62 North,
Rage 21 West, shown as Parcel
53 on Minnesota Department
of Transportation Right of Way
Plat Numbered 69-181 as the
same is on file and of record
in the office of the County
Recorder in and for St. Louis
County, Minnesota;
containing 0.13 acres, more or less.
Names of parties interested in the
above described land and nature of
interest:
State of Minnesota St. Louis County
Land Department Fee
FEE ACQUISITION
Parcel 54 C.S. 6901 (1=160) 902
S.P. 3101-37RW
All of the following:
That part of the North Half of
the Southwest Quarter and
the Northwest Quarter of the
Southeast Quarter in Section
13, Townhsip 62 North, Range
21 West, shown as Parcel 54
on Minnesota Department of
Transportation Right of Way
Plat Numbered 69-181 as the
same is on file and of record
in the office of the County
Recorder in and for St. Louis
County, Minnesota;
containing 6.82 acres, more or less.
Names of parties interested in the
above described land and nature of
interest:
Emmett C. Berens
Judith M. Berens Life Estate
Paul B. Berens
Pamela Berens Fee
Kimberly J. Berens
State of Minnesota Department of
Natural Resource Division of Lands and
Minerals Mineral Rights
County of St. Louis Taxes
FEE ACQUISITION
Parcel 58 C.S. 6901 (1=160) 902
S.P. 3101-37RW
All of the following:
That part of Government Lot
3 in Section 13, Township 62
North, Range 21 West, shown
as Parcel 58 on Minnesota
Department of Transportation
Right of Way Plat Numbered
69-181 as the same is on file
and of record in the office of
the County Recorder in and for
St. Louis County, Minnesota;
containing 2.14 acres, more or less.
Names of parties interested in the
above described land and nature of
interest:
Unknown heirs of Elisa L. Morrison,
deceased Fee
Lutheran Social Service of Minnesota,
as guardian of Gerald L. Morrison, ward
Fee
County of St. Louis
Taxes and Special Assessments
Rollan L. Hoke TODD Beneficiary
FEE ACQUISITION
Parcel 75 C.S. 6901 (1=160) 902
S.P. 3101-37RW
All of the following:
That part of Government Lot
2 in Section 18, Township 62
North, Range 20 West, shown
as Parcel 75 on Minnesota
Department of Transportation
Right of Way Plat Numbered
69-181 as the same is on file
and of record in the office of the
County Recorder in and for St.
Louis County, Minnesota;
containing 0.70 acre, more or less.
Names of parties interested in the
above described land and nature of
interest:
State of Minnesota
for County of St. Louis Tax Title
FEE ACQUISITION
Parcel 81 C.S. 6901 (1=160) 902
S.P. 3101-37RW
All of the following:
That part of the North Half
of the Northwest Quarter
in Section 17, Township 62
North, Range 20 West, shown
as Parcel 81 on Minnesota
Department of Transportation
Right of Way Plat Numbered
69-183 as the same is on file
and of record in the office of the
County Recorder in and for St.
Louis County, Minnesota;
containing 2.68 acres, more or less.
Names of parties interested in the
above described land and nature of
interest:
Jack Thomas Lopac
Kelly Sue Lopac Fee
Compeer Financial, FLCA Mortgage
County of St. Louis
Taxes and Special Assessments
FEE ACQUISITION
Parcel 92 C.S. 6901 (1=160) 902
S.P. 3101-37RW
All of the following:
That part of the Southeast
Quarter of Southeast Quarter
in Section 9, Township 62
North, Range 20 West, shown
as Parcel 92 on Minnesota
Department of Transportation
Right of Way Plat Numbered
69-184 as the same is on file
and of record in the office of the
County Recorder in and for St.
Louis County, Minnesota;
containing 2.28 acres, more or less.
Names of parties interested in the
above described land and nature of
interest:
Thomas A Slack
Ramona C. Slack Fee
Unknown heirs of Georgia Ellingson,
deceased Claimant of Fee
County of St. Louis
Taxes and Special Assessments
Thomas Eugene Slack
TODD Beneficiary
Marcus Allen Slack TODD Beneficiary
Debra Kay Otto TODD Beneficiary
FEE ACQUISITION
Parcel 316 C.S. 6901 (1=160) 902
S.P. 3101-37RW
All of the following:
That part of the Southeast Quarter of the Southwest Quarter
and the Southwest Quarter of
the Southeast Quarter, both
in Section 8, Township 62
North, Range 21 West, shown
as Parcel 316 on Minnesota
Department of Transportation
Right of Way Plat Numbered
69-177 as the same is on file
and of record in the office of the
County Recorder in and for St.
Louis County, Minnesota;
containing 3.50 acres, more or less.
Names of parties interested in the
above described land and nature of
interest:
State of Minnesota
for County of St. Louis Tax Title
WHEREFORE, Your petitioner prays that
commissioners be appointed 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: July 9, 2021
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 1800
St. Paul, Minnesota 55101-2134
(651) 757-1476 (Voice)
(651) 297-1235 (Fax)
erik.johnson@ag.state.mn.us
ATTORNEY FOR PETITIONER
100777
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: July 9, 2021
KEITH ELLISON
Attorney General
State of Minnesota
s/Erik M. Johnson
ERIK M. JOHNSON
Assistant Attorney General
Atty. Reg. No. 0247522
(htf 07-30,08-06 08-13, 2021)
CONDEMNATION
STATE OF MINNESOTA
COUNTY OF ST. LOUIS
IN DISTRICT COURT
SIXTH JUDICIAL DISTRICT
COURT FILE NO. 69DU-CV-21-1310
State of Minnesota, by its Commission
er of Transportation,
Petitioner,
vs.
Vernon Frank Laine, et al.
Respondents.
IN THE MATTER OF THE
CONDEMNATION OF
CERTAIN LANDS FOR TRUNK
HIGHWAY PURPOSES
NOTICE
To the Respondents hereinabove
named:
You, and each of you, are hereby noti
fied that on October 25, 2021, at 1:30
pm., or as soon thereafter as counsel
can be heard, via remote hearing
from the courthouse at Duluth, St.
Louis County, Minnesota, the above
named petitioner will present to the
above named Court a petition now
on file herein for the condemnation
of certain lands for trunk highway
purposes. You are notified this
matter is set for a remote hearing.
This hearing will not be in person
at the courthouse. Instructions for
attending the remote hearing may
be obtained from St. Louis County
Court Administration. A copy of
said petition is attached hereto and
incorporated herein.
YOU, AND EACH OF YOU, ARE FUR
THER NOTIFIED, That at the above
time and place the above-named
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 November 28, 2021.
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
NOVEMBER 28, 2021.
All advertising signs or devices located
on the property being acquired must
be removed by November 28, 2021.
YOU, AND EACH OF YOU, ARE FUR
THER 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: 7/27/21
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 1800
St. Paul, Minnesota 55101-2134
(651) 757-1476 (Voice)
(651) 297-1235 (Fax)
erik.johnson@ag.state.mn.us
ATTORNEY FOR PETITIONER
STATE OF MINNESOTA
COUNTY OF ST. LOUIS
CONDEMNATION
IN DISTRICT COURT
SIXTH JUDICIAL DISTRICT
PETITION
– – – – –
State of Minnesota, by its Commission
er of Transportation,
Petitioner,
vs.
Vernon Frank Laine, also known as
Vernon F. Laine., Terrance Martin
Laine, also known as Terrance M.
Laine, Unknown heirs of Kathy Laine,
deceased, Leanna M. Laine, Debbie
J. Laine, Frandsen Bank & Trust,
Successor in interest of State Bank
of Tower, Kohler Fuel Inc., an inactive
Minnesota corporation, LVNV Funding, LLC, Range Credit Bureau, Inc.,
Paul E. Thelen, doing business as
Armory Shell Towing, County of St.
Louis, Celina Lutheran Church, an
inactive Minnesota unincorporated
association, Gary Anderson, Amy
Anderson, William Cvar, Krista L.
Cvar, State of Minnesota for County
of St. Louis, State of Minnesota
Department of Natural Resource
Division of Lands and Minerals,
Auto Owners Insurance Co., RAzOR
Capital ll, LLC, Portfolio Recovery
Associates, L.L.C., Capital One
Bank (USA), National Association,
Danielle Russell, Range Regional
Health Services, doing business as
University Medical Center – Mesabi,
St Louis County Social Services,
Midland Funding LLC, successor in
interest to Barclay’s Bank Delaware,
John M. Puska, Carrie Jeanne Bird,
Carrie Jeanne Bird and Joseph Scott
Bird, as trustees of The Stephen Bird
Trust, dated June 16, 1980, Joseph
Scott Bird, Tom Carter, Carrie C Bird
and Joseph R. Bird, as trustees of
The Revocable Living Trust of Carrie
C. Bird dated March 10, 1999, as
amended, Minnesota Commissioner
of Management and Budget, Robert
Lewis Musech, Kimberly Musech,
Unknown heirs of Robert I. Musech,
deceased, Robert J. Musech, Cindy
Musech, Marian J. Musech, Bud
R Strandberg, Barry Hannine and
Shirley M Hannine, as trustees of
Barry L. Hannine Living Trust, dated
December 17, 2009, Barry Hannine,
Shirley M Hannine, Unknown heirs of
Leonard J. Hannine, deceased, Unknown heirs of Barbara Hannine, deceased, Elliot Hannine, Eva Hannine,
Koochiching Health Services, doing
business as Littlefork Care Center,
State of Minnesota Department of
Human Services, Jonathan Hannine,
Jessica Hannine, Linda Atchinson,
Karen Knudsen, Unknown heirs of
Sven Knudsen, deceased, Unknown
heirs of Edna M Knudsen, deceased,
Unknown heirs of Jack Fena, deceased, Unknown heirs of Archie W.
Johnson, deceased, Unknown heirs
of Lina Mary Johnson, deceased,
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
– – – – –
To the District Court above named the
State of Minnesota brings this Peti
tion and respectfully states and
alleges:
I.
That Trunk Highway Legislative
Route numbered 160, which has
been renumbered 1, and which
has been located according to law
and passes over the lands herein
described.
That it is duly covered by Right of
Way Plat Orders numbered 98318,
98327, 98326, 98325, 98324, 98323
and 98322.
II.
That the Commissioner of Transportation deems it necessary that the
State of Minnesota for trunk highway
purposes obtain the lands herein
described in fee simple absolute.
With reference to Parcels 67 and 69,
it is the intention of this proceeding to
except all severed mineral rights, not
including rights to sand and gravel,
and reserve to the owners of the
severed mineral rights, their heirs,
successors and assigns, the rights
and privileges to explore for, mine,
and remove the minerals, but only
in such manner that will not interfere
with the use of said land for highway
purposes or with the safe and
continuous operation of any public
highway thereon, and further the
severed mineral owners reserve the
right to relocate the highway at the
mineral owners’ expense pursuant to
Minnesota Statutes §l60.l0 as such
may be amended.
It is the intention of the above-named
petitioner to move the court for an
order authorizing the Court Administrator to accept and deposit in an
interest bearing account payments
from the petitioner to the court pursuant to Minnesota statutes.
Further, it is the intention of the
above-named petitioner to move 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 Minnesota
Statutes §117.042.
The 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, 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 St. Louis 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:
FEE ACQUISITION
Parcel 23 C.S. 6901 (1=160) 902
S.P. 3101-37RW
All of the following:
That part of the Northeast
Quarter of
the Northeast Quarter in Section
18, Township 62 North, Range
21 West, shown as Parcel 23
on Minnesota Department of
Transportation Right of Way Plat
Numbered 69-176 as the same is
on file and of record in the office
of the County Recorder in and for
St. Louis County, Minnesota;
containing 0.30 acres, more or less.
Names of parties interested in the
above described land and nature of
interest:
Celina Lutheran Church, an inactive
Minnesota unincorporated association
Fee
Gary Anderson
Amy Anderson
Possible Claimant of an Interest
FEE ACQUISITION
Parcel 61 C.S. 6901 (1=160) 902
S.P. 3101-37RW
All of the following:
That part of the South Half of the
Northwest Quarter and the Northwest Quarter of the Northwest
Quarter in Section 13, Township
62 North, Range 21 West, shown
as Parcel 61 on Minnesota Department of Transportation Right
of Way Plat Numbered 69-181
and 69-180 as the same is on file
and of record in the office of the
County Recorder in and for St.
Louis County, Minnesota;
containing 8.96 acres, more or less.
Names of parties interested in the
above described land and nature of
interest:
Vernon Frank Laine, also known as
Vernon F. Laine. Fee
Terrance Martin Laine, also known as
Terrance M. Laine Fee
Unknown heirs of Kathy Laine, deceas
ed Spouse
Leanna M. Laine Spouse
Debbie J. Laine Spouse
Frandsen Bank & Trust, Successor in
interest of State Bank of Tower
Mortgage
Kohler Fuel Inc., an inactive Minnesota
corporation Judgment
LVNV Funding, LLC Judgment
Range Credit Bureau, Inc. Judgment
Paul E. Thelen, doing business as
Armory Shell Towing Judgment
County of St. Louis
Taxes and Special Assessments
FEE ACQUISITION
Parcel 67 C.S. 6901 (1=160) 902
S.P. 3101-37RW
All of the following:
That part of Government Lot 4
in Section 7, Township 62 North,
Range 20 West , shown as Parcel
67 on Minnesota Department of
Transportation Right of Way Plat
Numbered 69-182 as the same is
on file and of record in the office
of the County Recorder in and for
St. Louis County, Minnesota;
containing 0.32 acres, more or less.
Names of parties interested in the
above described land and nature of
interest:
William Cvar
Krista L. Cvar Contract for Deed
State of Minnesota
for County of St. Louis Fee
State of Minnesota Department of
Natural Resource Division of Lands and
Minerals Mineral Rights
Auto Owners Insurance Co.
Judgment
RAzOR Capital ll, LLC Judgment
Portfolio Recovery Associates, L.L.C.
Judgment
Capital One Bank (USA), National Association Judgment
Danielle Russell Judgment
Range Regional Health Services, doing
business as University Medical Center –
Mesabi Lien
St Louis County Social Services Lien
Midland Funding LLC, successor in
interest to Barclay’s Bank Delaware
Lien
County of St. Louis
Taxes and Special Assessments
FEE ACQUISITION
Parcel 69 C.S. 6901 (1=160) 902
S.P. 3101-37RW
All of the following:
That part of Government Lot 4
in Section 7, Township 62 North,
Range 20 West, shown as Parcel
69 on Minnesota Department
of Transportation Right of Way
Plat Numbered 69-182 as the
same is on file and of record in
the office of the County Recorder
in and for St. Louis County,
Minnesota;
containing 0.43 acres, more or less.
Names of parties interested in the
above described land and nature of
interest:
John M. Puska Fee
State of Minnesota Department of
Natural Resource Division of Lands and
Minerals Mineral Rights
LVNV Funding, LLC Judgment
County of St. Louis
Taxes and Special Assessments
FEE ACQUISITION
Parcel 71 C.S. 6901 (1=160) 902
S.P. 3101-37RW
All of the following:
That part of the Southwest
Quarter of the Southeast Quarter
in Section 7, Township 62 North,
Range 20 West, shown as Parcel
71 on Minnesota Department
of Transportation Right of Way
Plat Numbered 69-182 as the
same is on file and of record in
the office of the County Recorder
in and for St. Louis County,
Minnesota;
containing 2.56 acres, more or less.
Names of parties interested in the
above described land and nature of
interest:
Carrie Jeanne Bird Fee
Carrie Jeanne Bird and Joseph Scott
Bird, as trustees of The Stephen Bird
Trust, dated June 16, 1980 Fee
Joseph Scott Bird Fee
Tom Carter Spouse
Carrie C Bird and Joseph R. Bird, as
trustees of The Revocable Living Trust
of Carrie C. Bird dated March 10, 1999,
as amended
Possible Claimant of an Interest
Minnesota Commissioner of Management and Budget
Sustainable Forest Program
County of St. Louis
Taxes and Special Assessments
FEE ACQUISITION
Parcel 86 C.S. 6901 (1=160) 902
S.P. 3101-37RW
All of the following:
That part of the Southwest
Quarter of the Southwest Quarter
in Section 8, Township 62 North,
Range 20 West, shown as Parcel
86 on Minnesota Department
of Transportation Right of Way
Plat Numbered 69-183 as the
same is on file and of record in
the office of the County Recorder
in and for St. Louis County,
Minnesota;
containing 2.29 acres, more or less.
Names of parties interested in the
above described land and nature of
interest:
Robert Lewis Musech Fee
Kimberly Musech Spouse
Unknown heirs of Robert I. Musech,
deceased Claimant of Fee
Robert J. Musech
Cindy Musech Easement
Marian J. Musech Easement
County of St. Louis
Taxes and Special Assessments
FEE ACQUISITION
Parcel 93 C.S. 6901 (1=160) 902
S.P. 3101-37RW
All of the following:
That part of the Southwest
Quarter of the Southwest Quarter
in Section 10, Township 62 North,
Range 20 West, shown as Parcel
93 on Minnesota Department
of Transportation Right of Way
Plat Numbered 69-185 as the
same is on file and of record in
the office of the County Recorder
in and for St. Louis County,
Minnesota;
containing 2.27 acres, more or less.
Names of parties interested in the
above described land and nature of
interest:
Bud R Strandberg Fee
County of St. Louis
Taxes and Special Assessments
FEE ACQUISITION
Parcel 208 C.S. 6901 (1=160) 902
S.P. 3101-37RW
All of the following:
That part of the Southwest
Quarter of the Southeast Quarter
in Section 9, Township 62 North,
Range 20 West, shown as Parcel
208 on Minnesota Department of
Transportation Right of Way Plat
Numbered 69-184 as the same is
on file and of record in the office
of the County Recorder in and for
St. Louis County, Minnesota;
containing 1.66 acres, more or less.
Names of parties interested in the
above described land and nature of
interest:
Barry Hannine and Shirley M Hannine,
as trustees of Barry L. Hannine Living
Trust, dated December 17, 2009
Fee
Barry Hannine
Shirley M Hannine
Possible Claimant of an Interest
County of St. Louis
Taxes and Special Assessments
FEE ACQUISITION
Parcel 211 C.S. 6901 (1=160) 902
S.P. 3101-37RW
All of the following:
That part of the Southwest Quarter
of the Southwest Quarter in
Section 9, Township 62 North,
Range 20 West, shown as Parcel
211 on Minnesota Department of
Transportation Right of Way Plat
Numbered 69-184 as the same is
on file and of record in the office
of the County Recorder in and for
St. Louis County, Minnesota;
containing 1.21 acres, more or less.
Names of parties interested in the
above described land and nature of
interest:
Unknown heirs of Leonard J. Hannine,
deceased Life Estate
Unknown heirs of Barbara Hannine,
deceased Life Estate
Elliot Hannine
Eva Hannine Fee
Range Credit Bureau, Inc. Judgment
Koochiching Health Services, doing
business as Littlefork Care Center
Judgment
State of Minnesota Department of Human Services Lien
Jonathan Hannine
Jessica Hannine Easement
Barry Hannine
Shirley M Hannine Easement
Linda Atchinson Easement
County of St. Louis Taxes
FEE ACQUISITION
Parcel 310A C.S. 6901 (1=160) 902
S.P. 3101-37RW
All of the following:
That part of the Southeast Quarter
of the Southeast Quarter in
Section 7, Township 62 North,
Range 20 West, shown as Parcel
310A on Minnesota Department of
Transportation Right of Way Plat
Numbered 69-182 as the same is
on file and of record in the office
of the County Recorder in and for
St. Louis County, Minnesota;
containing 0.76 acres, more or less.
Names of parties interested in the
above described land and nature of
interest:
Karen Knudsen Contract for Deed
Unknown heirs of Sven Knudsen, deceased Contract for Deed
Unknown heirs of Edna M Knudsen,
deceased Contract for Deed
Unknown heirs of Jack Fena, deceased
Record Fee
Unknown heirs of Archie W. Johnson,
deceased Claimant of Fee
Unknown heirs of Lina Mary Johnson,
deceased Easement
County of St. Louis
Taxes and Special Assessments
WHEREFORE, Your petitioner prays that
commissioners be appointed 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: July 9, 2021
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 1800
St. Paul, Minnesota 55101-2134
(651) 757-1476 (Voice)
(651) 297-1235 (Fax)
erik.johnson@ag.state.mn.us
ATTORNEY FOR PETITIONER
100778
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: July 9, 2021
KEITH ELLISON
Attorney General
State of Minnesota
s/Erik M. Johnson
ERIK M. JOHNSON
Assistant Attorney General
Atty. Reg. No. 0247522
(HTF, 07-30,08-06,08-13,2021)
PETITION
under Minn. Stat. § 508.52
and § 508.71
IN PROCEEDINGS SUBSEQUENT TO
INITIAL REGISTRATION
STATE OF MINNESOTA
COUNTY OF ST. LOUIS
DISTRICT COURT
SIXTH JUDICIAL DISTRICT
Case type: Other Civil – Torrens
In the matter of the Petition of
Anthony W. Palma as Personal Representative of the Estate of Michael
J. Paulucci
For an order for relief in connection
with Certificate of Title Nos. 203092,
203093,
216950, and 217271.
TO THE HONORABLE JUDGES OF
THE DISTRICT COURT OF
ST. LOUIS COUNTY:
Comes now the Petitioner and shows to
the Court as follows:
Introduction
1. That Petitioner is the Personal
Representative of the Estate of
Michael J. Paulucci (the “Estate”),
date of death August 8, 2020, and
in that capacity seeks an order: (1)
acknowledging the termination of
any interest of Lori J. Paulucci in the
parcels registered under Certificate
of Title Nos. 203092, 203093,
216950, and 217271 and the parcel
described in Document No. 328427;
and (2) authorizing Petitioner to
convey the foregoing properties to
Petitioner as trustee of the Michael
J. Paulucci Family Trust. Michael
J. Paulucci’s marriage to Lori J.
Paulucci was dissolved on December 16, 1983. The judgment of
dissolution incorporated a stipulated
mutual release of all interests in real
property held by the parties.
Factual Background
2. That on October 30, 1975 the Reg
istrar of Titles entered Certificate
of Title No. 203092 to Michael J.
Paulucci for land described on the
attached Exhibit A. Michael J. Paulucci was not married at that time.
3. That on October 30, 1975 the Reg
istrar of Titles entered Certificate
of Title No. 203093 to Michael J.
Paulucci for land described on the
attached Exhibit B. Michael J. Paulucci was not married at that time.
4. That on January 21, 1978 Michael J.
Paulucci was married to Lori J.
Paulucci. See Separation, Property
Settlement and Support Agreement
(“Separation Agreement”) dated
December 13, 1983, a certified
copy of which is attached hereto as
Exhibit C.
5. That on April 5, 1979 the Registrar
of Titles entered Certificate of Title
No. 216950 to Michael J. Paulucci
for land described on the attached
Exhibit D. Michael J. Paulucci was
married to Lori J. Paulucci at that
time.
6. That on April 25, 1979 the Registrar
of Titles entered Certificate of Title
No. 217271 to Michael J. Paulucci
for land described on the attached
Exhibit E, resulting from the sale of
a portion of the land described in
Certificate of Title No. 142686 by
Michael J. Paulucci to Lois Paulucci,
Michael J. Paulucci’s mother.
Michael J. Paulucci was married to
Lori J. Paulucci at the time Certificate
of Title No. 217271 was issued, but
Michael J. Paulucci had acquired the
land described in Certificate of Title
No. 142686 in 1957, before he was
married. A true and correct copy
of Certificate of Title No. 142686 is
attached hereto as Exhibit F.
7 That on April 8, 1981, Michael J.
Paulucci purchased by Indenture the
land described on the attached Exhibit G, which Indenture is recorded
with the St. Louis County recorder’s
Office as Document No. 328427.
Michael J. Paulucci was married to
Lori J. Paulucci at that time. This
parcel has not been registered.
8. That on December 13, 1983, Michael
J. Paulucci and Lori J. Paulucci entered into the Separation Agreement
attached hereto as Exhibit C, which
provides at paragraph 10:
That each of the parties hereto fully
and wholly releases the other from
any and all right, title, claim or interest which he or she may have under
the law of the State of Florida or
the law of the State of Minnesota or
otherwise in any property either real
or personal belonging to the other,
excepting only as hereinafter or
hereinabove specifically provided,
including rights of dower; and each
party hereby waives, discharges,
releases and conveys any and all
rights, title and interest which he or
she may have or acquire during the
lifetime of the the other, or at his or
her own death, by reasons of their
marriage in and to all the property,
both personal and real, which now
is or during the lifetime or at the
death of the parties may be owned
by them or either of them and to
which they or either of them may
be entitled or which may be in any
trust established by either of them
for himself or herself. Specifically,
except as expressly provided in this
Agreement, each party waives and
releases any and all rights he or she
may have or acquire at any time, as
Husband, widower, Wife or widow,
in and to any property or estate of
the other. . .
The Separation Agreement further
provides that the parties have each
made full disclosures of their financial condition to each other (para.
3); that the Separation Agreement is
a complete agreement superseding
all previous agreements and understandings regarding the subject
matter (para. 5); that the Separation
Agreement is to be construed under
Florida law (para. 7); that the parties
have been represented and advised
by counsel (para. 8); that Husband
will pay to Wife
$3,600 per month child support until
their youngest minor child reaches
the age of 19 years (para. 12(a)); that
Husband will pay to Wife a $10,000
furniture allowance in connection
with her taking possession of the
home (para. 15); that Husband will
provide Wife with a new Cadillac
Seville every three years until their
youngest minor child reaches the
age of 19 years (para. 16(a)); that
Husband will pay Wife $50,000 at
or before the sale of a family-owned
company (para. 17); and that Husband will deed the marital residence
to Wife and will pay up to
$12,000 annually for lawn maintenance, babysitting, and housekeeping services (para. 20).
9. That on December 16, 1983, Final
Judgment of Dissolution of Marriage
(“Judgment”) was entered in In re
the Marriage of Michael J. Paulucci
and Lori J. Paulucci, Civil Action
No. 83-925-CA-03, Circuit Court in
and for Volusia County, Florida, as
set forth in the attached Exhibit H.
The court that issued the Judgment
approved the Separation Agreement
and incorporated the Separation
Agreement in the Judgment. See
Judgment, para. 4.
10. That the parties’ mutual release of
claims in the Separation Agreement
is valid as a matter of law. Minnesota
law requires the enforcement of
a release of property claims in a
dissolution proceeding where the
requirements of a valid contract are
satisfied. See Nelson v. Quade, 413
N.W.2d 824, 828 (Minn. Ct. App.
1987) (“We therefore hold that the
parties were
competent to enter into agreements
concerning solely matters of property division. . . . Enforceability will
depend on whether all necessary elements of a contract are satisfied.”);
see also Yohannes v. Habtesilassie,
No. A07-99, 2008 WL 73708, at *2
(Minn. Ct. App. Jan. 7, 2008) (“The
district court did not act arbitrarily by
denying husband’s motion to reopen
the judgment. The written settlement
agreement that was incorporated
into the judgment contains a clear
mutual release of claims.”); see also
Johnson v. Johnson, No. A06-1415,
2007 WL 2363888, at *4 (Minn.
Ct. App. Aug. 21, 2007) (“But it is
undisputed that wife waived her right
to any further benefit from the plan
in two respects—when she agreed
that husband was entitled to receive
the balance of the plan and when the
parties agreed to release each other
from all claims and rights “[t]o share,
as a result of the marital relationship,
in the other party’s estate upon the
latter’s death[,]” or “[t]o any other
property right, benefit, or privilege in
or from the property of the other.’”).
The Separation Agreement manifests
the requirements of an enforceable
contract, i.e., offer, acceptance, and
consideration. See Commercial
Assocs., Inc. v. Work Connection,
Inc., 712 N.W.2d 772, 782 (Minn. Ct.
App. 2006). Foreign judgments are
enforceable in Minnesota. See Minn.
Stat. § 548.27 (“The court administrator shall treat the foreign judgment
in the same manner as a judgment
of any district court or the supreme
court of this state.”).
11. On information and belief, that on
November 12, 1998, Lori J. Paulucci
was married to Mark P. Nasrallah.
See Affidavit of Mark P. Nasrallah
(“Nasrallah Affidavit” or “Nasrallah
Aff.”), filed herewith, para. 1.
12. On information and belief, that on
February 4, 2013, Lori Paulucci, as
Settlor, executed the Lori Paulucci
Revocable Trust (“Trust”) in favor of
Lori Paulucci, as Trustee, as set forth
in Exhibit A to the Nasrallah Affidavit.
The Trust Agreement designates
Mark P. Nasrallah as the successor
trustee in the event of Lori Paulucci’s
death. See Nasrallah Aff. Ex. A,
Art. III(A). The Trust Agreement
designates Lori Paulucci’s daughter
and son, Angela Milich and Jeno
Paulucci, and Mr. Nasrallah’s sons,
Kyle Nasrallah and Drew Nasrallah,
as her “children,” and designates
her children so-defined and their
descendants as “Settlor’s descendants.” See Nasrallah Aff. Ex. A, Art.
I(B). The Trust Agreement provides
that following Lori Paulucci’s
death, the trust assets will be distributed
to “Settlor’s descendants.” See
Nasrallah Aff. Ex. A, Art. II(E).
13. On information and belief, that
on February 4, 2013, Lori Paulucci
executed the Last Will and Testament
of Lori Paulucci (“Will”) as set forth in
as Exhibit B to the Nasrallah Affidavit.
The Will provides that upon her
death, Lori Paulucci’s entire estate
passes to the Trust. See Nasrallah
Aff. Ex. B, Art. III. The Will names
Mark P. Nasrallah as the personal
representative of Lori Paulucci’s
estate. See Nasrallah Aff. Ex. B,
Art. VI(A).
14. On information and belief, that on
December 15, 2014, Lori Paulucci
passed away in Orlando, Florida, as
set forth in the Certification of Death
attached as Exhibit C to the Nasrallah
Affidavit.
15. On information and belief, that
Mark P. Nasrallah acted as personal
representative under the Will and as
trustee under the Trust, as set forth in
paragraph 5 of the Nasrallah Affidavit.
Mr. Nasrallah distributed all of the
Trust assets known to him, and the
Trust assets he distributed did not
include any interest in real property
located in the State of Minnesota. Id.
Further, to Mr. Nasrallah’s knowledge,
no real property located in the State
of Minnesota passed under the
Will. Id.
16. On information and belief, that no
claim has been asserted by Lori
Paulucci or in the right of Lori
Paulucci for any interest in the real
property described herein since
the dissolution of the marriage of
Michael J. Paulucci and Lori Paulucci
on December 16, 1983. Any such
claim made more than 37 years after
the dissolution would be barred by
laches. See, e.g., Hempel v. Hempel,
No. A17-1055, 2018 WL 4395012, at
*4 (Minn. Ct. App. Sept. 17, 2018)
(motion to reopen property division
5 years after dissolution barred by
laches).
Relief Sought
17. That Petitioner seeks an order
acknowledging the termination of
any interest of Lori J. Paulucci in the
following parcels:
a. Parcel 1: The land described in Cer
tificate No. 203092 (Exhibit A here
to),
which Michael J. Paulucci acquired
in 1975. At the time of Michael J.
Paulucci’s death, Parcel 1 was his
separate property. Lori Paulucci had
no interest in Parcel 1 at any time.
If Lori Paulucci had any interest in
Parcel 1 at any time, she released
that interest in the Separation
Agreement (Exhibit C hereto) which
was incorporated in the Judgment
(Exhibit H hereto). Parcel 1 is legally
described as follows:
That part of the E ½ of E ½ of W ½ of
SE ¼ of SW ¼, lying S’ly of the center line of Highway No. 61, Section 15
Township 49 North Range 15 West of
the Fourth Principal Meridian.
b. Parcel 2: The land described in
Certificate No. 203093 (Exhibit B
hereto), which Michael J. Paulucci
acquired in 1975. At the time of
Michael J. Paulucci’s death, Parcel
2 was his separate property. Lori
Paulucci had no interest in Parcel 2
at any time. If Lori Paulucci had any
interest in Parcel 2 at any time, she
released that interest in the Separation Agreement (Exhibit C hereto)
which was incorporated in the
Judgment (Exhibit H hereto). Parcel
2 is legally described as follows:
That part of the W ½ of W ½ of E ½ of
SE ¼ of SW ¼ Section 15 Township
49 North Range 15 West of the
Fourth Principal Meridian, lying S’ly
of the center line of Highway No. 61.
c. Parcel 3: The land described in
Certificate No. 216950 (Exhibit D
hereto), which Michael J. Paulucci
acquired in 1979. At the time of
Michael J. Paulucci’s death, Parcel
3 was his separate property. If Lori
Paulucci had any interest in Parcel
3 at any time, she released that
interest in the Separation Agreement
(Exhibit C hereto) which was incorporated in the Judgment (Exhibit H
hereto). Parcel 3 is legally described
as follows:
E ½ of Lot 22 GREENWOOD PARK.
d. Parcel 4: The land described in Cer
tificate No. 217271 (Exhibit E hereto).
This is the land described in Certificate No. 142686 (Exhibit F hereto),
which Michael
J. Paulucci acquired in 1957, less the
W ½ of Lot 23, which Petitioner sold
to his mother in 1979. At the time of
Michael J. Paulucci’s death, Parcel 4
was his separate property, acquired
in 1957, in which Lori Paulucci had
no interest at any time. If Lori Paulucci had any interest in Parcel 4 at
any time, she released that interest
in the Separation Agreement (Exhibit
C hereto) which was incorporated in
the Judgment (Exhibit H hereto). Parcel 4 is legally described as follows:
Lot 24 GREENWOOD PARK and E ½ of
Lot 23 GREENWOOD PARK
Lot 24 is SUBJECT to an easement ap
purtenant to the tract of land situate
in St. Louis County, Minnesota, conveyed by and described in a certain
Warranty Deed dated September 21,
1909, at 10:30 o’clock A.M. in the
office of the Register of
Deeds in Book 207 of Deeds at page
255 by William Horkan, grantor to
Harvey
F. Williamson, Grantee. For further
details see Certificate of Title No.
142359.
e. Parcel 5: The land described in
Document No. 328427 (Exhibit G
hereto), which Michael J. Paulucci
acquired in 1981. This is not Torrens
property, but is included in this
petition for the convenience of the
Recorder’s Office, the Court, and
Petitioner. At the time of Michael J.
Paulucci’s death, Parcel 5 was his
separate property. If Lori Paulucci
had any interest in Parcel 5 at any
time, she released that interest in
the Separation Agreement (Exhibit
C hereto) which was incorporated
in the Judgment (Exhibit H hereto).
Parcel 5 is legally described as
follows:
Lot Seven (7), JOHNSON’S TRACTS,
EXCEPT for that part described as
follows: Beginning at the Northeast
corner of Lot 7, Johnson’s Tracts, go
thence South 0° 01’ 53” East for a
distance of 565.00 feet to the Southeast corner of Lot 7, thence go South
89° 47’ 38” West along the South line
of Lot 7 for a distance of 165.20 feet,
thence go North 2° 00’ 05” East for
a distance of 220.77 feet, thence go
North 68° 32’ East for a distance of
102.00 feet, thence to North 21° 28’
West on a straight line until said line
intersects the Northerly line of Lot 7,
thence go Northeasterly along the
Northerly line to Lot 7, to the point of
beginning.
According to the original plat thereof
on file and of record in the office
of the Register of Deeds, St. Louis
County, Minnesota, in Book “V” of
Plats, Page 33.
18. That Petitioner as Personal Rep
resentative of the Estate of Michael J.
Paulucci seeks an order authorizing
Petitioner to convey the foregoing
parcels to Petitioner as trustee of the
Michael J. Paulucci Family Trust.
Prayer
Wherefore, Petitioner prays for an Order
(1) acknowledging the termination
of any interest of Lori J. Paulucci
in the parcels registered under
Certificate of Title Nos. 203092,
203093, 216950, and 217271, and
in the unregistered parcel described
in Document No. 328427, and (2)
authorizing Petitioner as Personal
Representative of the Estate of
Michael J. Paulucci to convey the
foregoing properties to Petitioner
as trustee of the Michael J. Paulucci
Family Trust.
Date:
March 8, 2021
Signed: s/ William G. Carpenter
Attorney for Petitioner
Attorney’s Name: William G. Carpenter
Attorney Registration No.: 275498
Address:
Briol & Benson, PLLC
3700 IDS Center, 80 S. 8th St.
Minneapolis, MN 55402
Telephone: 612-756-7777
VERIFICATION
STATE OF FLORIDA )
) SS
COUNTY OF ORANGE)
Anthony W. Palma, Esq., as Personal
Representative of the Estate of
Michael J. Paulucci, having been first
duly sworn on oath, deposes and
states that he is the Petitioner in the
above-entitled proceeding, that he
has read the foregoing Petition and
the same is true of his own knowledge, except as to matters therein
stated on information and belief and
as to such matters he believes
them to be true.
/s/ Anthony W. Palma
Anthony W. Palma, Esq. as Personal
Representative of the Estate of Michael
J. Paulucci
Signed and sworn to before me
On March 8, 2021 by Anthony W.
Palma, Esq.
/s/ Helen Brock Ford
Notary Public
(Notary Public State of Florida Stamp)
Helen Brock Ford
Commission # GG 208818
Expires April 18, 2022
(HTF, 07-23,07-30, 2021)
SUPPLEMENTAL
ORDER TO SHOW CAUSE
STATE OF MINNESOTA
COUNTY OF ST. LOUIS
DISTRICT COURT
SIXTH JUDICIAL DISTRICT
NO. 69DU-CV-21-437
In the matter of the Petition of
Anthony W. Palma as Personal Rep
resentative of the Estate of Michael J. Paulucci
For an order for relief in connection with
Certificate of Title Nos. 203092,
203093, 216950, and 217271, and
unregistered land described in St.
Louis County Recorder’s Document
No.
328427, in the County of St. Louis
and State of Minnesota, and legally
described as follows:
That part of the E ½ of E ½ of W ½
of SE ¼ of SW ¼, lying S’ly of
the centerline of Highway No. 61,
Section 15 Township 49 North Range
15 West of the Fourth Principal
Meridian. (Cert. No. 203092);
AND
That part of the W ½ of W ½ of E
½ of SE ¼ of SW ¼ Section 15
Township 49 North Range 15 West of
the Fourth Principal Meridian, lying
S’ly of the centerline of Highway No.
61 (Cert. No. 203093);
AND E ½ of Lot 22 GREENWOOD
PARK. (Cert. No. 216950);
AND Lot 24 GREENWOOD PARK
and E ½ of Lot 23 GREENWOOD
PARK. (Cert. No. 217271);
AND Lot Seven (7), JOHNSON’S
TRACTS, EXCEPT for that part described as follows: Beginning at the
Northeast corner of Lot 7, Johnson’s
Tracts, go thence South 0° 01’ 53”
East for a distance of 565.00 feet to
the Southeast corner of Lot 7, thence
go South 89° 47’ 38” West along the
South line of Lot 7 for a distance of
165.20 feet, thence go North 2° 00’
05” East for a distance of 220.77
feet, thence go North 68° 32’ East for
a distance of 102.00 feet, thence to
North 21° 28’ West on a straight line
until said line intersects the Northerly
line of Lot 7, thence go Northeasterly
along the Northerly line to Lot 7, to
the point of beginning. (Unregistered
property as shown on Doc. No.
328427).
TO: The unknown heirs of Lori
J. Paulucci, a/k/a Lori Paulucci
Nasrallah.
A Petition and Report of Examiner of
Titles are filed in the above-entitled
case, brought under Minnesota
Statutes Chapter 508. You were
identified in the Petition or the
Report of Examiner of Titles as a
party who may have an interest in
the above-described land affected
by the Order below. If you object to
entry of the Order, you must show
cause, if there is any, why this Court
should not enter the Order. To object
to entry of the Order, you must file
an Answer, and pay the filing fee or
obtain an order waiving the filing fee,
by September 8, 2021 (“the deadline.”) No response or action is
required if you have no objection
to the Order. If you do not file an
Answer, the Order may issue with no
further notice to you.
ORDER:
Based on the applicable law and the
record in this matter the Court finds
and orders as follows: (1) that any
interest of Lori J. Paulucci in the parcels
registered under Certificate of
Title Nos. 203092, 203093, 216950,
and 217271, and in the unregistered
parcel described in Document No.
328427, was and is terminated.
If you choose to object, your Answer
must be e-filed by your attorney. If
you do not have an attorney, the
Answer may be filed by mailing it to:
Court Administration, 100 N. 5th Ave.
W., Room 320, Duluth, MN 55802,
with a check payable to District
Court Administrator for $295.00 for
the filing fee, or with an order waiving
the fee; or the Answer and check or
order waiving the fee may be deposited in the District Court drop box at
the same location or filed in-person
at the same location if the office is
open to walk-in public. If you have
questions about these procedures,
you may contact the Examiner of
Titles office by phone at 218-726-
2572 or by email at binderm@
stlouiscountymn.gov. Please note,
however, that the Examiner of Titles
does not represent you and cannot
provide you with legal advice.
IT IS FURTHER ORDERED, that a copy
of this Order to Show Cause and a
copy of the Petition be served:
(a) upon each of the defendants
who cannot be found by two weeks
published notice of the Order to
Show Cause and by sending a copy
of this Order and the Petition at least
24 days before the deadline by first
class mail to the last known address
of the party and by sending another
copy of this Order and the Petition at
least 24 days before the deadline by
first class mail to the address of such
party as stated on the Certificate of
Title if an address is so stated;
Approved: Kimberly E. Brzezinski
Examiner of Titles
Johnson, David
7-21-21 10:17am
JUDGE OF THE DISTRICT COURT
Attorney for Petitioner:
William G. Carpenter, Atty Reg. No.
275498 Briol & Benson, PLLC
3700 IDS Center, 80 S. 8th St.
Minneapolis, MN 55402
Telephone: (ofc.) 612-756-7777 Email:
bill@briollaw.com
(HTF- 07-23, 07-30, 2021)
