STATE OF MINNESOTA

COUNTY OF POPE

IN DISTRICT COURT

EIGHTH JUDICIAL DISTRICT

Court File No. 61-CV-19-31

QUIET TITLE ACTION

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Marvin L. Dyrstad, Anika Hagenson and Troy Dyrstad,

Plaintiffs,

vs.

William Christilaw, Charles Abrahamson, C. T. Wollan, Eilert Koefod, Peter I. Ronning, Theodore Waalen, Tory J. Sagvold, John Sagvold, Thomas H, Brown, Pope County, Rose C. Sagvold, City of Long Beach, Clyde Sagvold, Gida (Mrs. Frank) Gibson, Nels Couture, Sam Couture, Fred Couture, Phillip Couture, Delina Couture, Gary M. Weber, Alice Weber, State of Minnesota, Oberlin Dyrstad, Olga J. Dyrstad, Daniel J. Hughes, Jeena M. Hughes, Leif H. Henriksen and Betty L. Henriksen as Trustees of the Henriksen Family Trust Agreement dated December 18, 2013, and all other persons known or unknown claiming any right, title, estate, interest, or lien in the real estate described in the Complaint herein,

Defendants.

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SUMMONS

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THE STATE OF MINNESOTA TO THE ABOVE-NAMED DEFENDANTS:

1. YOU ARE BEING SUED. The Plaintiffs have started a lawsuit against you. The Plaintiffs’ Complaint against you is attached to this Summons. Do not throw these papers away. They are official papers that affect your rights. You must respond to this lawsuit even though it may not yet be filed with the Court, and there may be no Court file number in this Summons. 

2. YOU MUST REPLY WITHIN 20 DAYS TO PROTECT YOUR RIGHT. You must give or mail to the person who signed this Summons a written response called an Answer within 20 days of the date on which you received this Summons. You must send a copy of your Answer to the person who signed this Summons at 14 S. Franklin St., Glenwood, MN 56334.

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 Plaintiffs 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 answer 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 Plaintiffs 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 lost the case.

6. ALTERNATE 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 response to the Complaint even if you expect to use alternate means of resolving this dispute.

7. This lawsuit may affect or bring into question title to real property located in Pope County, State of Minnesota, legally described as follows:

EXHIBIT A

PROPERTY DESCRIPTION

The land referred to in this Commitment is described as follows:

Part of Government Lot 1, Section 11, Township 125, Range 38, Pope County, Minnesota described as follows:

Beginning at a point in the North line of said Government Lot 1, said point being North 89 degrees 57 minutes 23 seconds West 2303.32 feet from an iron monument at the Center of said Section 11;

thence along said North line, South 89 degrees 57 minutes 23 seconds East 809.24 feet;

thence South 00 degrees 01 minutes 48 seconds West 377.34 feet;

thence South 20 degrees 04 minutes 30 seconds East 193.90 feet to a point in the North right-of-way line of CSAH #54;

thence South 06 degrees 16 minutes 50 seconds West 78.26 feet to a point in the South right-of-was line of said CSAH #54;

thence South 00 degrees 01 minutes 48 seconds West 125 feet, more or less, to the shoreline of Lake Minnewaska;

thence Westerly along said shoreline 407 feet, more or less, to a point in a line that bears South 28 degrees 38 minutes 55 seconds East from the point of beginning;

thence North 28 degrees 38 minutes 55 seconds West 998 feet, more or less, to the point of beginning.

EXCEPT the Plat of DYRSTAD’S SUBDIVISION, according to the recorded plat thereof, as corrected by that Certificate of Correction to the Plat of Dyrstad’s Subdivision, recorded as Document NO. 250008.

ALSO EXCEPT all that part of Government Lot 1, Section 11, Township 125, Range 38, Pope County, Minnesota, which lies westerly and northerly of Lots 1 and 2, Block One, of DYRSTAD’S SUBDIVISION, according to the recorded plat thereof on file and of record in the office of the County Recorder, Pope County, Minnesota, and which lies easterly of the northerly extension of the west line of said Lot 2.

AND ALSO EXCEPTING that part of Government Lot No. 1, Section 11, Township 125, Range 38, Pope County, Minnesota, described as follows:

Beginning at the Northwest corner of Lot 3, Block One, of DYRSTAD’S SUBDIVISION, according to the recorded plat thereof on file and of record in the office of the County Recorder, Pope County, Minnesota;

thence on a record bearing of South 09 degrees 41 minutes 19 seconds East along the West line of said Lot 3, 276.26 feet;

thence North 21 degrees 59 minutes 19 seconds West 847.64 feet to the North line of said Government Lot No. 1;

thence South 89 degrees 57 minutes 23 seconds East along the North line thereof 284.67 feet to its intersection with the Northerly extension of the West line of Lot 2, Block One, of said DYRSTAD’S  SUBDIVISION;

thence South 09 degrees 41 minutes 19 seconds East along said line 473.60 feet to the Northeast corner of said Lot 3;

thence South 63 degrees 30 minutes 30 seconds West along the North line of said Lot 3, 104.46 feet to the point of beginning.

Pope County, Minnesota

Abstract Property

ALTERNATE DISPUTE RESOLUTION PROCESS

MINNESOTA STATUTE §543.22 REQUIRES US TO PROVIDE YOU WITH A STATEMENT CONTAINING INFORMATION ABOUT ALTERNATIVE DISPUTE RESOLUTION PROCESSES AS SET FORTH IN MINNESOTA GENERAL RULES OF PRACTICE (MGRP). PARTIES TO A CIVIL ACTION ARE ENCOURAGED TO ATTEMPT ALTERNATIVE DISPUTE RESOLUTION PURSUANT TO MINNESOTA LAW. ALTERNATIVE DISPUTE RESOLUTION INCLUDES MEDIATION, ARBITRATION, AND OTHER PROCESSES AS SET FORTH IN THE DISTRICT COURT RULES. YOU MAY CONTACT THE COURT ADMINISTRATOR ABOUT RESOURCES IN YOUR AREA. IF YOU CANNOT PAY FOR MEDIATION OR ALTERNATIVE DISPUTE RESOLUTION, IN SOME COUNTIES, ASSISTANCE MAY BE AVAILABLE TO YOU THROUGH A NONPROFIT PROVIDER OR A COURT PROGRAM.

Dated this 24th day of January, 2019.

NELSON, KUHN & NORDMEYER, LTD.

BY: /s/ Jeffrey D. Kuhn

Jeffrey D. Kuhn, #58907

Attorneys for Plaintiffs

14 S. Franklin Street

Glenwood, Minnesota 56334

Phone: (320) 634-4584

Feb. 11, 18, 25