(Published in the Brainerd Dispatch Nove

(Published in the Brainerd Dispatch November 16, 23, 2022, 2t.) ORDER TO SHOW CAUSE STATE OF MINNESOTA COUNTY OF CROW WING DISTRICT COURT NINTH JUDICIAL DISTRICT COURT FILE NO. 18-CV-22-3872 In the Matter of the Petition of Steven F. Lindstam and Susan K. Lindstam, as Trustees of the Trust Agreement of Steven and Susan Lindstam, For an Order for the determination of boundary lines by practical location. In Relation to Certificate of Title No. 90978 issued for land in the County of Crow Wing, State of Minnesota, and legally described as follows: That part of Lot Three (3) of FORCIER ADDITION TO THE CITY OF BRAINERD lying West of a line drawn through a point on the North line of said lot, One hundred fifty feet (150’) Northeast of the Northwest corner thereof and a point on the South line of said lot, One hundred seventy-five feet (175’) East of the Southwest corner thereof, according to the plat thereof on file in the office of the Registrar of Titles in and for said county; Excepting therefrom all the ores, minerals and fossils in, under or upon said land, together with the right to explore for and to mine and remove all the said ores, minerals and fossils from said land. And in Relation to Certificate of Title No. 42248 issued for land in the County of Crow Wing, State of Minnesota, and legally described as follows: That part of the Southwest Quarter of the Northeast Quarter (SW1/4 of NE1/4) of Section Thirty-six (36), in Township Forty-five (45) North, of Range Thirty-one (31) lying east of the Northern Pacific Railway Company’s right of way, described as follows, to-wit: Beginning at a point on the south line of said above described tract and the east line of said railway right of way, thence east along the south line 450 feet; thence North at right angles a distance of 450 feet; thence west parallel to the South line to the east line of said railway right of way; thence southerly along the east line of said right of way to the point of beginning; Excepting therefrom all the ores, minerals and fossils in, under or upon said land, together with the right to explore for and to mine and remove all the said ores, minerals and fossils from said land. TO: AT&T Communications of the Midwest, Inc., and all other persons or parties unknown claiming any right, title, estate, interest in or lien upon the real estate described above. A Petition and Report of the Examiner of Titles are filed in the above-entitled case, brought under Minnesota Statutes Chapter 508 or 508A. You were identified in the Petition or the Report of the Examiner of Titles as a party who may have an interest in the above-described land affected by the Order below. IT IS HEREBY ORDERED that you, and all persons interested, appear before this Court, located at the Crow Wing County Judicial Center, 213 Laurel Street, Suite 11, Brainerd, Minnesota 56401, on January 17, 2023, at 10:00 a.m., and then, or as soon thereafter as said matter can be heard, TO SHOW CAUSE, IF ANY THERE BE, why the Court should not enter an Order directing the Registrar of Titles, Crow Wing County, Minnesota, as follows: 1. To cancel Certificate of Title No. 90978 and to issue in lieu thereof one new Certificate of Title to Steven F. Lindstam and Susan K. Lindstam, Trustees of the Trust Agreement of Steven and Susan Lindstam, containing the following amended legal description: That part of Lot three (3) of Forcier Addition to the City of Brainerd lying West of a line drawn through a point on the North line of said lot, 150 feet Northeast of the Northwest corner thereof and a point on the South line of said Lot, 175 feet East of the Southwest corner thereof, according to the plat thereof on file in the office of the Registrar of Titles in and for said county; Excepting therefrom all the ores, minerals and fossils in, under or upon said land, together with the right to explore for and to mine and remove said ores, minerals and fossils from said land. AND That part of the Southwest Quarter of the Northeast Quarter (SW1/4-NE1/4) of Section 36, Township 45, Range 31, Crow Wing County, Minnesota lying East of the Northern Pacific Railway Company right of way, described as follows: Commencing at the Southwest corner of Lot 3, FORCIER ADDITION TO THE CITY OF BRAINERD, according to the recorded plat thereof, Crow Wing County, Minnesota; thence North 90 degrees 00 minutes 00 seconds East, assumed bearing along the South line of said Lot 3 a distance of 175.00 feet; thence South 03 degrees 47 minutes 47 seconds East 59.13 feet; thence South 90 degrees 00 minutes 00 seconds West 186.93 feet, to the easterly line of said Railway right of way; thence North 07 degrees 44 minutes 00 seconds East along said right of way 59.54 feet, to the point of beginning. Subject to a 20.00 foot wide non-exclusive ingress/egress easement over, under and across that part of the Southwest Quarter of the Northeast Quarter (SW1/4-NE1/4) of Section 36, Township 45, Range 31, Crow Wing County, Minnesota, the centerline of said easement is described as follows: Commencing at the Southwest corner of Lot 3 of FORCIER ADDITION TO THE CITY OF BRAINERD, Crow Wing County, Minnesota; thence South 07 degrees 44 minutes 00 seconds West, assumed bearing, along the Easterly right of way line of the Northern Pacific Railway Company 25.22 feet; thence South 86 degrees 08 minutes 02 seconds East 5.90 feet; thence South 54 degrees 44 minutes 35 seconds East 28.47 feet; thence South 39 degrees 53 minutes 52 seconds East 22.39 feet, said centerline there terminating. The side lines of said easement are to be prolonged or shortened to begin at said Easterly right of way and to terminate at the following described line: Commencing at the Southwest corner of said Lot 3; thence South 7 degrees 44 minutes 00 seconds West, assumed bearing 59.54 feet, to the point of beginning; thence North 90 degrees 00 minutes 00 seconds East 186.93 feet, said line there terminating. Said parcel is subject to easements, restrictions, and reservations of record, if any. 2. To cancel Certificate of Title No. 42248 and issue in lieu thereof one new Certificate of Title to AT&T Communications of the Midwest, Inc. containing the following amended legal description: That part of the Southwest Quarter of the Northeast Quarter (SW1/4 of NE1/4) of Section Thirty-six (36), in Township Forty-five (45) North, of Range Thirty-one (31) lying east of the Northern Pacific Railway Company’s right of way, described as follows, to-wit: Beginning at a point on the south line of said above described tract and the east line of said railway right of way, thence east along the south line 450 feet; thence North at right angles a distance of 450 feet; thence west parallel to the South line to the east line of said railway right of way; thence southerly along the east line of said right of way to the point of beginning. Excepting therefrom all the ores, minerals and fossils in, under or upon said land, together with the right to explore for and to mine and remove all the said ores, minerals and fossils from said land. LESS AND EXCEPT: That part of the Southwest Quarter of the Northeast Quarter (SW1/4-NE1/4) of Section 36, Township 45, Range 31, Crow Wing County, Minnesota lying East of the Northern Pacific Railway Company right of way, described as follows: Commencing at the Southwest corner of Lot 3, FORCIER ADDITION TO THE CITY OF BRAINERD, according to the recorded plat thereof, Crow Wing County, Minnesota; thence North 90 degrees 00 minutes 00 seconds East, assumed bearing along the South line of said Lot 3 a distance of 175.00 feet; thence South 03 degrees 47 minutes 47 seconds East 59.13 feet; thence South 90 degrees 00 minutes 00 seconds West 186.93 feet, to the easterly line of said Railway right of way; thence North 07 degrees 44 minutes 00 seconds East along said right of way 59.54 feet, to the point of beginning. TOGETHER WITH a 20-foot wide non-exclusive easement for ingress and egress over, under, and across that part of the Southwest Quarter of the Northeast Quarter (SW1/4-NE1/4) of Section 36, Township 45, Range 31, Crow Wing County, Minnesota, the centerline of said easement is described as follows: Commencing at the Southwest corner of Lot 3 of FORCIER ADDITION TO THE CITY OF BRAINERD, Crow Wing County, Minnesota; thence South 07 degrees 44 minutes 00 seconds West, assumed bearing, along the Easterly right of way line of the Northern Pacific Railway Company 25.22 feet; thence South 86 degrees 08 minutes 02 seconds East 5.90 feet; thence South 54 degrees 44 minutes 35 seconds East 28.47 feet; thence South 39 degrees 53 minutes 52 seconds East 22.39 feet, said centerline there terminating. The side lines of said easement are to be prolonged or shortened to begin at said Easterly right of way and to terminate at the following described line: Commencing at the Southwest corner of said Lot 3; thence South 7 degrees 44 minutes 00 seconds West, assumed bearing 59.54 feet, to the point of beginning; thence North 90 degrees 00 minutes 00 seconds East 186.93 feet, said line there terminating. Said parcel is subject to easements, restrictions, and reservations of record, if any. 3. That each said new Certificate of Title shall carry forward all existing memorials on the respective certificates. 4. That judicial landmarks be set on the new boundary line common to the parcels described above at Paragraphs 1 and 2, and that a new certificate of survey be generated and recorded as a memorial on both said new Certificates of Title showing the placement of said judicial landmarks. 5. That a certified copy of this Order be recorded as a memorial on both said new Certificates of Title. 6. And further, that a certified copy of this Order be recorded as a memorial upon both Certificates of Title No. 90978 and 42248 before cancellation thereof. 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. IT IS FURTHER ORDERED, that a copy of this Order to Show Cause be served as follows: 1. At least ten (10) days prior to such hearing upon the above persons residing in this State in the manner provided by law for service of Summons in a civil action. 2. At least fourteen (14) days prior to such hearing upon any of the named non-residents by sending a copy of the Order to such non-resident at his post office address, by registered mail or certified mail, return receipt. 3. That service upon any party who cannot be found and upon “all other persons or parties unknown” be had by two weeks publication of the Order to Show Cause and by sending a copy of the Order to Show Cause at least fourteen (14) days prior to the hearing by First Class Mail to such party at his last known address and by sending another copy of the Order at least fourteen (14) days prior to the hearing by First Class Mail, to his address as stated on the Certificate of Title, if any address is so stated. 4. Upon a dissolved, withdrawn, or revoked business entity governed by Minn. Stat. Chp. 302A, 303, 317A, 322A, 322B, or 323 in the manner provided by Minn. Stat. §5.25. 5. Per Title 28 USC § 2410, and Fed. R. Civ. Pro. Rule 4, the United States Government must be notified at least sixty (60) days prior to the hearing in the manner provided by federal law for the service of the Summons in a civil action. BY THE COURT: Dated: November 10, 2022 /s/ Patricia Aanes Judge of District Court APPROVED FOR FILING WITH THE COURT: Dated: October 24, 2022 /s/ James W. Nelson Examiner of Titles Crow Wing County, Minnesota Attorney for the Petitioners: Jerry B. Steinke Attorney at Law 315 Hawkins Drive Brainerd, Minnesota 56401 Telephone: 218-330-4506