STATE OF MINNESOTA IN DISTRICT COURTCOUNTY OF ROCK FIFTH JUDICIAL DISTRICTCase Type: Quiet Title ActionCourt File Mouw’s Feed and Grain, Inc., a Minnesota Corporation, Plaintiffvs.Hardwick Grain Company, a Minnesota Corporation;Bernard Johnson; Martha Johnson; LeRoy Vanden Bosch; Louetta Vanden Bosch; Earl D. Scott; Marcella G. Scott; Randolph Scott; Jerry R. Scott; Brandee Scott; Jerilyn A. Kille;the unknown heirs of Earl D. Scott a/k/a Earl Scott;the unknown heirs of Randolph Scott; George Boelman; Cornelia Boelman; Eugene Boelman; Dorothy Boelman; Jayne Boelman; David Boelman; Leigh Boelman; the unknownheirs of George Boelman; the unknown heirs of Eugene Boelman;Jayne Boelman as Personal Representative of the Estate of CorneliaBoelman; the unknown heirs of Cornelia Boelman; the City of Hardwick, Minnesota, a Minnesota Municipal Corporation; and all other persons unknown claiming anyright, title, estate, interest or lien in the real estatedescribed in the complaint herein, Defendants.SUMMONSTHE STATE OF MINNESOTA TO THE ABOVE-NAMED DEFENDANTS.You are hereby summoned and required to serve upon Plaintiff’s attorneys an Answer to Complaint, which is filed in the office of the Court Administrator of the above-named county, 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 in question real property situated in the County of Rock, State of Minnesota, described as follows:All that part of the abandoned Chicago and Rock Island Railroad right-of-way in the City of Hardwick, lying south of the south line of First Street and north of the north line of Main Street also being part of the North Half of the Northeast Quarter of Section 35, Township 104 North, Range 45 West, Rock County, Minnesota, and being more particularly described as follows:Commencing at the Southwest corner of Block 4 of the recorded plat of the Village of Hardwick, Minnesota, said point also being the Point of Beginning of this description; thence North 10 degrees 20 minutes 58 seconds West along the Northeasterly right-of-way line of said abandoned railroad, a distance of 316.52 feet to said south First Street line; thence South 89 degrees 32 minutes 46 seconds West along said south street line, a distance of 304.42 feet to the Southwesterly right-of-way line of said abandoned railroad; thence South 10 degrees 32 minutes 04 seconds East, along said Southwesterly right-of-way line a distance of 313.59 feet to said North Main Street line; thence South 89 degrees 52 minutes 39 seconds East along said North street line, a distance of 303.94 feet to the Point of Beginning.Said parcel contains 2.16 acres of land, more or less.AND A parcel of land located in that part of the abandoned Chicago and Rock Island Railroad right-of-way lying South of the South line of Main Street and North of the South line of the North Half of the Northeast Quarter of Section 35, Township 104 North, Range 45 West, City of Hardwick, Rock County, Minnesota, and in that part of the recorded plat of the Village of Hardwick, Minnesota, said parcel also being more particularly described as follows:Commencing at the Northwest corner of Block 1 of said plat, said point also being the Point of Beginning of this description; thence North 89 degrees 31 minutes 02 seconds West, assumed bearing, along said south Main Street line, a distance of 305.00 feet to the Southwesterly right-of-way line of said abandoned railroad, thence South 10 degrees 20 minutes 58 seconds East, along said southwesterly right-of-way line, a distance of 914.43 feet to said south line as platted of the North Half of the Northeast Quarter of said section; thence North 89 degrees 36 minutes 31 seconds East, along said sixteenth line, a distance of 214.94 feet; thence North 00 degrees 38 minutes 58 seconds West a distance of 223.43 feet; thence South 89 degrees 55 minutes 23 seconds East parallel with the north line of said Block 1, a distance of 51.06 feet to the northeasterly right-of-way line of said abandoned railroad; thence North 10 degrees 20 minutes 58 seconds West, along said northeasterly right-of-way line, a distance of 22.83 feet; thence South 89 degrees 29 minutes 39 seconds West, along the westerly extension of the north line of Out Lot 5 of the recorded plat of ROSS’S SECOND ADDITION TO HARDWICK, a distance of 105.90 feet; thence North 10 degrees 20 minutes 58 seconds West, parallel with said Northeasterly right-of-way line, a distance of 163.47 feet; thence North 79 degrees 39 minutes 02 seconds East a distance of 104.34 feet to said Northeasterly right-of-way line; thence North 10 degrees 20 minutes 58 seconds West, along said Northeasterly right-of-way line, a distance of 142.58 feet to the center line of vacated Third Street; thence South 89 degrees 55 minutes 23 seconds East along said center line, a distance of 23.00 feet to the East line extended southerly of Lot 2, Block 1 of said recorded plat of the Village of Hardwick, Minnesota; thence North, along said lot line and its southerly extension, a distance of 169.92 feet to the northeast corner of said Lot 2; thence North 89 degrees 55 minutes 23 seconds West, along the North line of said Lot 1 and Lot 2 of said plat, a distance of 54.04 feet to said northeasterly right-of-way line; thence North 10 degrees 20 minutes 58 seconds West, along said northeasterly right-of-way line, a distance of 162.61 feet to the Point of Beginning.EXCEPTING THEREFROM the following described parcel: All that part of the Chicago, Rock Island and Pacific Railroad Company’s abandoned 300 foot wide station grounds railroad right-of-way in the Town of Hardwick, located in the Northwest Quarter of the Northeast Quarter (NW1/4 of NE1/4) of Section 35, in Township 104 North, of Range 45 West, Rock County, Minnesota, described as follows:All of that part of said abandoned railroad right-of-way lying South of a line extend across the 300 foot right-of-way which commences at a point along said Southwesterly right-of-way line described as follows: Commencing at the Northwest corner of Block 1 of the recorded plat of the Village of Hardwick, Minnesota, thence North 89 degrees 31 minutes 02 seconds West, assumed bearing, along the South line of Main Street, a distance of 305.00 feet to the Southwesterly right-of-way line of said abandoned railroad; thence South 10 degrees 20 minutes 58 seconds East along said Southwesterly right-of-way line 534.43 feet to a point along the said Southwesterly right-of-way line which, when measured along said right-of-way line, is 380.00 feet Northwesterly of the South line, as platted, of the North Half of the Northeast Quarter of said section. Said line then runs parallel with the South line of the North Half of the said Northeast Quarter across the said railroad right-of-way to the Northeasterly line of the right-of-way.The object of this action is to remove, terminate and quiet any interest of the defendants to this action and to the real estate described above.NOTICE IS FURTHER GIVEN THAT NO PERSONAL CLAIM is made against any of the Defendants. If any Defendant unreasonably defends the action, then Plaintiff is requesting an order of the Court directing that said Defendant shall pay full costs to the Plaintiff. Civil cases are subject to Alternative Dispute Resolution processes as provided in Rule 114 of the General Rules of Practice for 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. The undersigned hereby acknowledges that sanctions may be awarded pursuant to Minnesota Statutes 549.211.Dated this 13th day of March, 2006 /S/ DAMON T. EISMAEisma and EismaAttorneys at Law130 E. Main, PO Box 625Luverne, MN 56156(507) 283-4828FAX (507) 283-9188Attorney ID No. 249269(3-16, 3-23)
