STATE OF MINNESOTA COUNTY OF POPE IN DISTRICT COURT EIGHTH JUDICIAL DISTRICT COURT FILE NO. 61-CV-22-8

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APPLICATION TO VACATE

IN RE: THE APPLICATION OF:

Joseph Barbeln and Liawni Barbeln, For Vacation of the Dedicated Public Roadway described on the Attached Exhibit “B” and “C”

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The undersigned hereby state and allege:

1. That the undersigned, Joseph Barbeln and Liawni Barbeln, are the fee owners of the following described real estate in Pope County, Minnesota, described as follows, to-wit:

EXHIBIT “A”

Lot 7 and Lot 16, Waskawood Knoll; according to the recorded plat thereof on file and of record in the office of the Pope County Recorder.

AND

All that part of Government Lot 4, Section 24, Township 125 North, Range 38 West, which is described and enclosed within the following boundary lines:

Beginning at a point which is 28.4 feet South 74 degrees 16 minutes West and South 00 degrees 00 minutes 150.78 feet from the Southwest corner of Lot 8 of the Plat of Waskawood Knoll as the same is on file and of record in the office of the Pope County Recorder;

Thence Northeasterly along a tangential curve, concave to the North, central angle 90 degrees 00 minutes radius 150.78 feet, 236.84 feet;

Thence North 90 degrees 00 minutes West 150.78 feet;

Thence South 00 degrees 00 minutes 150.78 feet to the point of beginning. 

2. The Plat of Waskawood Knoll includes a dedicated public road as identified in the Plat.

3. The undersigned desire to vacate certain portions of the dedicated roadway in the Plat of Waskawood Knoll, Pope County, Minnesota described as follows, to wit:

Parcel “A”

EXHIBIT “B”

That part of the Drive, as dedicated in WASKAWOOD KNOLL, according to the recorded plat thereof, described as follows:

Beginning at the northerly most corner of Lot 16, said WASKAWOOD KNOLL;

thence South 10 degrees 17 minutes 35 seconds West, assumed bearing along the west line of said Lot 16, a distance of 171.79 feet to the southerly extension of the west line of Lot 7, said WASKAWOOD KNOLL;

thence North 13 degrees 17 minutes 29 seconds West, along said southerly extension of the west line of Lot 7, a distance of 116.45 feet to the southerly most corner of said Lot 7;

thence North 45 degrees 53 minutes 40 seconds East, along the southeasterly line of said Lot 7, a distance of 80.03 feet to the point of beginning.

The tract contains 4,002 square feet more or less, subject to any easements of record.

Parcel “B” 

EXHIBIT “C”

That part of the Drive, as dedicated in WASKAWOOD KNOLL, according to the recorded plat thereof, described as follows:

Beginning at the easterly most corner of Lot 7, said WASKAWOOD KNOLL;

thence South 86 degrees 24 minutes 42 seconds East, along the south line said Drive, as dedicated in WASKAWOOD KNOLL, a distance of 28.78 feet to the southerly extension of the East line of said Lot 7;

thence North 07 degrees 51 minutes 01 seconds West, along said southerly extension of the east line of Lot 7, a distance of 7.53 feet to the point of beginning.

The tract contains 106 square feet more or less, subject to any easements of record.

4. All taxes assessed against such land have been paid.

5. That there are no adverse interests in the property above described.

6. That portions of the public roadway to be vacated does not abut or have access to any public water.

7. The undersigned are seeking vacation of the public roadway because it is abandoned and unused by any party except the Petitioners, and it is useless for the purpose for which it laid out.

8. This application is being brought pursuant to Minn. Stat. § 505.14.

WHEREFORE, the undersigned pray for an Order of the Court as follows: 

1. Vacation of the certain portions of the public roadway dedicated in the Plat of Waskawood Knoll, Pope County, Minnesota, described as follows, to wit:

All that portion of the public road dedicated in the Plat of Waskawood Knoll, Pope County, Minnesota, as described on Exhibit “B” and “C”.

2. Adjudging that the title to the vacated public roadway and park shall be owned in fee simple by the Petitioners.

3. For such other and further relief as the Court may deem just and qualified.

Dated this 6th day of January, 2002.

/s/ Joseph Barbeln

Applicant

/s/ Liawni Barbeln

Applicant

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Notice of RESCHEDULED 

Remote Hearing

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Joseph Barbeln, Liawni Barbeln vs State of Minnesota, Attorney General, et al.

You are notified this matter is set for a remote Pre-trial on May 23, 2022 at 9:30 AM in Pope County District Court with Judicial Office Melissa Listug. This hearing will not be in person at the courthouse. The hearing will be held remotely via Zoom and appearance shall be by video and audio unless otherwise directed.

The Minnesota Judicial Branch uses strict security controls for all remote technology when conducting remote hearings.

You must:

• Notify the court if your address, email, or phone number changes.

• Be fully prepared for the remote hearing. If you have exhibits you want the court to see, you must give them to the court before the hearing. Visit www.mncourts.gov/Remote-Hearings for more information and options for joining remote hearings, including how to submit exhibits.

You can join through a web browser or the Zoom App (available as a free download in your device’s app store) for a video and/or audio call.

To join by Zoom app or web browser:

1. Either manually enter the web address of: www.Zoomgov.com into your internet browser or start the Zoom App.

2. Click Join a Meeting

3. At the Join a Meeting screen enter the following Meeting ID: 160 424 9122 and click Join. (Note: If this is your first time using the Zoom App, you will need to provide your full name prior to clicking Join.)

4. When prompted enter the meeting password: 116685 and click Join Meeting

5. Once in the hearing, you can update your name by clicking the Participants icon on the bottom of your screen. On the right panel, hover over your name, click More and then select Rename to update your name. If you are representing a party, add your role to your name. For example, “Joan Smith, Attorney for Defendant.”

6. Click the Join Audio icon in the lower left-hand corner of your screen.

7. Click Share Video.

PLEASE NOTE:

• When you join the meeting, you will see a message that says “Please wait, the meeting host will let you in soon.” If you are on the screen for a while, please be patient. We will admit you into the Zoom meeting as soon as your hearing is ready to start.

• If you get disconnected from the Zoom meeting, please try and reconnect before contacting Court Administration.

Jeffrey Kuhn Law Office

14 Franklin Street S.

Glenwood, Minnesota 56334

(320) 634-4584

April 25, May 2