STATE OF MINNESOTA

IN DISTRICT COURT

COUNTY OF STEARNS

SEVENTH JUDICIAL DISTRICT

Case Type: Other Civil

(Quiet Title)

Court File No: 73-CV-18-5792



AMENDED SUMMONS



Church of St. Mary of Melrose, a religious corporation, 

Plaintiff,



vs.



Heirs of Frank Tiemann, deceased; Heirs of Christ Tiemann, deceased; Heirs of Andrew Tiemann, deceased; Heirs of Joseph Tiemann, deceased; Heirs of Lawrence Tiemann, deceased; Heirs of Louise Tiemann Gieske, deceased; Heirs of Judy Gieske, deceased; Heirs of William Gieske, deceased; Heirs of Melvin Tiemann, deceased; Heirs of James Tiemann, deceased; Randy Gieske; Donny Gieske; Ronny Gieske; Debra Gieske; Robert Gieske; Barbara Tiemann; Jeffrey Tiemann; Michael Tiemann; Bradley Tiemann; Susan Tiemann; Frank Tiemann; Mary Lou Tiemann Versage; RoseAnn Tiemann; Mary Tiemann Frye; Paul Tiemann; Ann Tiemann Besonen; John Tiemann; Julie Tiemann Harlan; Laure Tiemann Freeman; Donald Joseph Kraker aka Donald J. Kraker; Tami J. Woolridge; also any and all unknown heirs, successors and assigns of any of the above named Defendants, now deceased, together with all other persons and entities unknown claiming any right, title, estate, interest or lien in the real estate described in the Amended Complaint herein,

Defendants.



THIS AMENDED SUMMONS IS DIRECTED TO:  EACH ABOVE-NAMED DEFENDANT.

1. YOU ARE BEING SUED.  The Plaintiff has started a lawsuit against you.  The Plaintiff’s Amended Complaint against you is on file in the office of the court administrator of the above-named court.  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 on this Amended Summons.

2. YOU MUST REPLY WITHIN 20 DAYS TO PROTECT YOUR RIGHTS.  You must give or mail to the person who signed this Amended Summons a written response called an Answer within 20 days of the date on which you received this Amended Summons.  You must send a copy of your Answer to the person who signed this Amended Summons located at:

Daniel T. Zimmermann 

WILLENBRING, DAHL, WOCKEN & ZIMMERMANN, PLLC

318 Main Street - PO Box 417

Cold Spring, MN  56320-0417

3. YOU MUST RESPOND TO EACH CLAIM.  The Answer is your written response to the Plaintiff’s’ Amended Complaint.  In your Answer you must state whether you agree or disagree with each paragraph of the Amended Complaint.  If you believe the Plaintiff should not be given everything asked for in the Amended Complaint, you must say so in your Answer. 

4. YOU WILL LOSE YOUR CASE IF YOU DO NOT SEND A WRITTEN RESPONSE TO THE AMENDED COMPLAINT TO THE PERSON WHO SIGNED THIS AMENDED 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 Plaintiff everything asked for in the Amended Complaint.  If you do not want to contest the claims stated in the Amended Complaint, you do not need to respond.  A default judgment can then be entered against you for the relief requested in the Amended 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 lose the case.

6. ALTERNATIVE 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 Amended Complaint even if you expect to use alternative means of resolving this dispute.

7. THIS LAWSUIT MAY AFFECT OR BRING INTO QUESTION TITLE TO REAL PROPERTY located in Stearns County, State of Minnesota, legally described as follows:



All of Block 32, TOWNSITE OF MELROSE, according to the recorded plat thereof, Stearns County, Minnesota.

AND

All that part of the Northwest Quarter of Section 2, Township 125, Range 33, and the TOWNSITE OF MELROSE, according to the recorded plat thereof, Stearns County, Minnesota, described as follows: Commencing at the southwest corner of said Northwest Quarter; thence North 89 degrees 28 minutes 07 seconds East, assumed bearing, along the south line of said Northwest Quarter, 1312.78 feet, to the southeast corner of the West Half of said Northwest Quarter; thence North 00 degrees 01 minutes 16 seconds East, along the east line of said West Half of the Northwest Quarter, 1323.53 feet, to the southeast corner of the Northwest Quarter of the Northwest Quarter and to the point of beginning of the tract of land to be described; thence South 89 degrees 19 minutes 01 seconds West, along the south line of said Northwest Quarter of the Northwest Quarter, 140.01 feet, to the west line of the East 140.00 feet of said West Half of the Northwest Quarter; thence North 00 degrees 01 minutes 16 seconds East, along last said west line, 442.78 feet; thence North 85 degrees 50 minutes 35 seconds West, 78.87 feet; thence North 03 degrees 32 minutes 16 seconds West, 7.92 feet; thence South 89 degrees 53 minutes 31 seconds West, 345.39 feet; thence North 00 degrees 06 minutes 29 seconds West, 179.82 feet, to the south line of Harrison Street (now known 4th Street) as shown on said plat of TOWNSITE OF MELROSE; thence North 89 degrees 53 minutes 10 seconds East, along said south line, 264.96 feet, to the west line of the East 300.00 feet of said Northwest Quarter of the Northwest Quarter; thence North 00 degrees 01 minutes 16 seconds East, along last said west line, 60.00 feet, to the north line of said Harrison Street (now known as 4th Street); thence South 89 degrees 53 minutes 10 seconds West, along said north line, 609.42 feet, to the southwest corner of Block 36 of said TOWNSITE OF MELROSE; thence North 00 degrees 13 minutes 42 seconds West, along the west line of said Block 36, a distance of 300.00 feet, to the northwest corner of said Block 36; thence North 00 degrees 25 minutes 10 seconds West, 66.00 feet, to the southwest corner of Block 33 of said TOWNSITE OF MELROSE; thence North 00 degrees 02 minutes 15 seconds West, along the west line of said Block 33, a distance of 212.04 feet, to the northwest corner of said Block 33; thence South 86 degrees 52 minutes 09 seconds East, along the north line of said Block 33, a distance of 300.46 feet, to the northeast corner of Lot 3, said Block 33; thence South 00 degrees 02 minutes 14 seconds East, along the east line of said Lot 3 and its southerly extension, 260.49 feet, to the north line said Block 36; thence North 89 degrees 46 minutes 53 seconds East, along said north line of Block 36 and its easterly extension and the north line of Block 35 of said TOWNSITE OF MELROSE, and its easterly extension, a distance of 611.17 feet, to said east line of the Northwest Quarter of the Northwest Quarter; thence North 00 degrees 01 minutes 16 seconds East, along last said east line, 23.08 feet, to the westerly extension of a southerly line of MELROSE DAIRY PROTEINS, according to the recorded plat thereof, Stearns County, Minnesota; thence North 89 degrees 28 minutes 20 seconds East, along last said westerly extension and a southerly line of said MELROSE DAIRY PROTEINS, 400.02 feet, to a westerly corner of said MELROSE DAIRY PROTEINS; thence South 00 degrees 01 minutes 16 seconds West, along a westerly line of said MELROSE DAIRY PROTEINS, 1296.26 feet, to the centerline of Kraft Drive; thence North 73 degrees 02 minutes 56 seconds West, along said centerline, 418.12 feet, to said east line of the West Half of the Northwest Quarter; thence North 00 degrees 01 minutes 16 seconds East, along last said east line, 150.91 feet, to the point of beginning.

LESS AND EXCEPT

That part of Lots 3, 4, 5, 6, and 9, of Block 33, Original Townsite of Melrose, according to the recorded plat thereof on file and of record in the Office of the County Recorder, Stearns County, Minnesota described as follows: Beginning at the northeast corner of said Lot 3 and assuming the east line of said Lot 3 bears North 00 degrees 03 minutes 18 seconds East; thence North 86 degrees 46 minutes 38 seconds West along the north line of said Lots 3, 4, 5, 6; 180.17 feet; thence South 00 degrees 02 minutes 42 seconds East; 143.76 feet; thence South 89 degrees 57 minutes 18 seconds East, 179.87 feet to the east line of said Lot 3; thence North 00 degrees 03 minutes 18 seconds East long said line 133.77 feet to the point of beginning.

The object of this action is to determine adverse claims and to adjudge title in Plaintiff as the fee owner of the above described property, free and clear of any right, estate, interest, or lien of the Defendants or anyone claiming under them, in or to said premises or any part thereof.

8.  NO MONEY JUDGMENT IS BEING SOUGHT FROM ANY OF THE NAMED DEFENDANTS HEREIN.   The sole purpose of this action is to establish clear title in Church of St. Mary of Melrose.  

Dated this 15th day of August, 2018.

WILLENBRING, DAHL,

WOCKEN & ZIMMERMANN, PLLC

/s/ Daniel T. Zimmermann

Daniel T. Zimmermann (141835)

Attorneys for Plaintiff

318 Main Street - PO Box 417

Cold Spring, MN  56320-0417

Telephone:  (320) 685-3678

B-34-3B





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NOTICE OF PUBLIC HEARINGS ON 

REZONINGS

NOTICE IS HEREBY GIVEN, that The Melrose Planning and Zoning Commission will meet at 6:30 p.m. on September 10, 2018, at the City Center, 225 First Street NE, in the City of Melrose, for the purpose of giving consideration to the Rezoning requests proposed by the City of Melrose:

1. Regarding the former downtown Kraft site located at 325 1st St. NE Melrose, MN 56352.  The Property is described as follows:  Lot One (1), Block One (1) of Melrose Riverview Addition, according to the plat and survey thereof, now on file and of record in the office of the Stearns County Recorder. The zoning of the parcel is proposed to change from R-3 Residential to C-5 Mixed Use Downtown.

2. Regarding the Melrose City Center site located at 225 1st St. NE, Melrose, MN 56352.  The property is described as follows:  Lots 1, 2 and East 93’ of Lot 3, Block 43, Townsite of Melrose, and Lots 2, 3 and & 93’ Lot 4, Block 57 Clark’s Addition to Melrose according to the plats and surveys thereof, now on file and of record in the office of the Stearns County Recorder. The zoning of the parcel is proposed to change from R-1 Residential to P Public Institutional.

The rezonings are an amendment to City of Melrose Zoning Ordinance No.1989-1-A, as amended, and adopted by reference as Chapter 153 of the City of Melrose Code of Ordinances.  A copy of the proposed request is on file with the Planning and Zoning Department, Melrose City Center, 225 1st St NE, Melrose MN 56352 and is available for review during normal business hours.  Any persons that desire to be heard regarding the consideration of the applications will be heard at this meeting.

Dated this 24th day of 

August, 2018. 

Lisa Atkinson, Community Development Director

B-35-1B





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