Public Notices 9-23-04
NOTICE OF MORTGAGE
FORECLOSURE SALE
THE RIGHT TO VERIFICATION OF THE DEBT AND IDENTITY OF THE ORIGINAL CREDITOR WITHIN THE TIME PROVIDED BY LAW IS NOT AFFECTED BY THIS ACTION.
NOTICE IS HEREBY GIVEN: That default has occurred in the conditions of that certain mortgage dated June 28, 2001 executed by Robert Lawson Smith, a single person, as mortgagor, to Wells Fargo Home Mortgage, Inc., a California corporation, n/k/a Wells Fargo Bank, N.A., successor by merger to Wells Fargo Home Mortgage, Inc., as mortgagee? and filed for record in the Office of the County Recorder, in and for the County of Le Sueur, Minnesota, on July 24, 2001 as Document No. 289545; the original principal amount secured by said mortgage being $116,250.00; that no action or proceeding has been instituted at law to recover the debt secured by said mortgage, or any part thereof; that there has been compliance with all pre-foreclosure notice and acceleration requirements of said mortgage, and/or applicable statutes; that there is claimed to be due upon said mortgage. including interest to the date hereof, the sum of ONE HUNDRED TWENTY TWO THOUSAND NINE HUNDRED TWENTY-SEVEN AND 97/100 ($122,927.97) DOLLARS and that pursuant to the power of sale therein contained, said mortgage will be foreclosed and the tract(s) of land lying and being in the County of Le Sueur, State of Minnesota, described as follows, to wit:
TRACT I
Beginning at a point in the center of the Mendota and Big Sioux Wagon Road 202 feet North of the East and West Section line between Sections 5 and 8, in Township 109 North of Range 26, running thence Northerly 100 feet in the center of said Highway, thence West, parallel to the said Section line between Section 5 and 8, 173 feet, thence Southerly, parallel to the Mendota and Big Sioux Wagon Road 70 feet to a point 232 feet North of said East and West Section line between Sections 5 and 8, thence East on a direct line to point of beginning, containing about 2/5 of one acre, and situated in the South Half of the Southeast Quarter of Section 5, in said Township and Range. Excepting land used for Public Hi~hway across the East end of said lot. Beginning at a point in the center of the Mendota and Big Sioux Wagon Road 302 feet North of the East and West Section line between Sections 5 and 8, in Township 109 North, Range 26, running thence West parallel with the said Section line between Section 5 and 8, 173 feet, thence North parallel with said Mendota and Big Sioux Wagon Road 30 feet, thence Southeasterly on a direct line to a point of beginning, situated in the South Half of the Southeast Quarter of Section 5 in said Township and Range, excepting therefrom land used for Mendota and Big Sioux Wagon Road across the Easterly part of said lot. All in Le Sueur County, Minnesota.
TRACT II
All that part of the South half of the Southeast quarter of Section 5, Township 109 North, Range 26 West, Le Sueur County, Minnesota, described as:
Commencing at the Northeast comer of Section 5; thence South 00 degrees 59 minutes 52 seconds West (assumed bearing) along the East line of Section 5, a distance of 3,925.60 feet, to the North line of the South half of the Southeast quarter of Section 5; thence North 88 degrees 20 minutes 33 seconds West, along the North line of the South half of the Southeast quarter of Section 5, a distance of I ,374.12 feet to the point of beginning;
Thence South 88 degrees, 20 minutes 33 seconds East, along the North line of the South half of the Southeast quarter of Section 5, a distance of 222.46 feet; to a point on the centerline of County State Aid highway No. 21 (formerly known as the Mendota and Big Sioux Wagon Road); thence South 19 degrees I I minutes 48 seconds West along the centerline of County State Aid Hi~way No. 21 (formerly known as Mendota and Big Sioux Wagon Road), 1,083.77 feet to the Northeast comer of a tract recorded in Book 176 of Deeds, page 82-83, Le Sueur County, Minnesota, thence North 73 degrees 50 minutes 48 seconds West along the northerly line of a tract recorded in Book 176 of Deeds, page 82-83, Le Sueur County, Minnesota, 266.13 feet; thence North 19 degrees 11 minutes 48 seconds East, 680.72 feet; thence South 88 degrees 20 minutes 33 seconds East, 20.00 feet; thence North 18 degrees 17 minutes 48 seconds East, 342.03 feet to the point of beginning. Together with a 16 foot wide easement for roadway purposes, southerly of and adjacent to the described line: Commencing at the Northeast corner of Section 5; thence South 00 degrees 59 minutes S2 seconds West (assumed bearing) along the East line of Section 5, a distance of 3,925.60 feet, to the North line of the South half of the Southeast quarter of Section 5; thence North 88 degrees 20 minutes 33 seconds West along the North line of the South half of the southeast quarter of Section 5, a distance of 1,151.66 feet to a point on the centerline of County State Aid Highway No. 21 (formerly known as the Mendota and Big Sioux Wagon Road); thence South 19 degrees 11 minutes 48 seconds West along the centerline of said County State Aid Hwy. No. 21, 343.69 feet to the point of beginning; thence North 88 degrees 20 minutes 33 seconds West, 242.00 feet and there terminating, Le Sueur County, Minnesota will be sold by the sheriff of said county at public auction to the highest bidder on October 21, 2004 at 10:00 A.M., at the main office of the Le Sueur County Sheriff, 130 South Park Avenue, Le Center, Minnesota, to pay the debt then secured by said mortgage and taxes, if any actually paid by the mortgagee, on the premises and the costs and disbursements allowed by law. The time allowed by law for redemption by said mortgagor(s), their personal representatives or assigns is six (6) months from the date of sale.
Mortgagors released from financial obligation on the mortgage: none.
“THE TIME ALLOWED BY LAW FOR REDEMPTION BY The, MORTGAGOR, THE MORTGAGOR’S PERSONAL REPRESENTATIVES OR ASSIgNS, MAY BE REDUCED TO FIVE WEEKS IF A JUDICIAL ORDER IS ENTERED UNDER MINNESOTA STATUTES, SECTION 582.032, DETERmINING. AMONG OTHER THINGS, ThAT THE MORTGAGED PREMISES ARE IMPROVED WITH A RESIDENTIAL DWELLING OF LESS THAN FIVE UNITS, ARE NOT PROPERTY USED IN AGRICULTURAL PRODUCTION, AND ARE ABANDONED.”
Dated: August 30, 2004 WELLS FARGO BANK, N.A.
Mortgagee
REITER & schiller
Thomas J. Reiter, Esq.
Rebecca F. Schiller, Esq.
Attorneys for Assignee of Mortgagee
6 West Fifth Street, 7th Floor
St. Paul, MN 55102-1420
(651) 297-6400
Attorney Reg. No. 152262
(d1343)
This is a communication from a debt collector.
(Published in the New Prague Times, Thursdays, September 2, 9, 16, 23, 30 & October 7 2004; No. T359-10-7)
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SCOTT COUNTY BOARD OF COMMISSIONERS SPECIAL MEETING NOTICE
The Scott County Board of Commissioners will hold a special joint meeting with the City Councils of New Market and Elko for the purpose of review and preliminary approval of the Southeast Scott County Comprehensive Plan on Tuesday, October 5, at 4:00 p.m. at the New Market Area Hall, 601 Main Street, New Market 55054.
Debra Brazil
Recording Secretary
Scott County
(Published in The New Prague Times, Thursday, September 23, 2004; No. T369-9-23)
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ADVERTISEMENT FOR BIDS BUILDING DEMOLITION PROJECT
The City of New Prague Economic Development Authority is seeking bids for the demolition and removal of the old MVE Office Building located at 500 4th Av. NW in the Wally Miller Business Park. The building is a single story tile block office building with a flat roof. The main floor is approximately 5600 square feet. The basement is approximately 5400 square feet. All materials are to be removed from the site including basement floor, footings, sidewalks, etc. The site is to be returned to buildable status. All hazardous materials have been removed from the site. The project will also include soil corrections and grading needed to prepare the land for development.
Please contact Jim Morris or Mary Jo Hruby at 952-758-1138 to request a copy of the bidding specifications. Bids must be received at the City Hall by October 10, 2004.
(Published in The New Prague Times, Thursdays, September 23 & 30, 2004; No. T370-9-30)
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PUBLIC NOTICE NEW MARKET TOWNSHIP
be informed that the regular monthly meeting for the Township of New Market will be held on Tuesday, October 12, 2004 at 7:00 p.m. in the New Market Area Hall.
It cannot be held on the regular date of October 5, 2004, the first Tuesday of the month, as two of the Board members will be out of town on that day.
Albert Zweber
Township Clerk
(Published in The New Prague Times, Thursdays, September 23 & 30, 2004; No. T371-9-30)
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Official Proceedings . . .City of New Prague
CITY COUNCIL PROCEEDINGS
NEW PRAGUE, MINNESOTA
CITY COUNCIL MEETING
Tuesday, September 7, 2004
Mayor Sindelar called the meeting to order with the following members present: Sindelar, Wilcox, Jirik, Babione.
Absent: Kratochvil
Mr. Mark Michel, Pioneer Saloon, requested permission to sell liquor outdoors on Friday and Saturday, September 17 and 18 (Dozinky). Consensus of the Council that outside liquor sales should be limited to Chamber of Commerce Beer Garden.
Randy Kubes requested an amendment to Homefield 2nd Addn. developers agreement to allow building permits in Homefield Second prior to completion and operation of lift station.
Motion Babione, Second Wilcox.
Authorize issuance of 5 building permits in Homefield 2nd Addn. prior to completion and operation of Lift Station. Certificates of Occupancy to be withheld until Lift Station fully operational.
Motion carried.
Motion Wilcox, Second Babione
Approve the final plat of East Gate Plaza 3rd Addn. Said approval granted with the following conditions:
1. Prior to construction on proposed Lot 1, the expanded parking area on the hotel site, as shown on conceptual site plan dated 5/5/04, must be constructed.
2. The concept plan shown on proposed Lot 1 has not been formally approved. Future development on Lot 1 will require approval of a Conditional Use Permit.
3. The applicant must comply with all recommendations of the Public Works Direct and City Engineer.
4. The plat must be reviewed and approved by the City Attorney.
5. 5’ drainage and utility easements shall be dedicated along the side property lines.
Motion carried.
Motion Wilcox, Second Babione.
Approve final plat of East Town Plaza. Said approval granted with the following conditions:
1. Marv Deutsch must enter into a Developer’s Agreement with the City of New Prague, and the agreement must be approved by the City Council prior to final plat approval.
2. The plat must be reviewed and approved by the City Attorney
3. The drain tile easement shown on the preliminary site plan shall be reviewed by the City Attorney prior to final approval by the City Council.
4. A shared parking and utility agreement must be drafted, that will allow shared parking between proposed Lots 1 & 2.
Motion carried.
Mr. Jim Connelly on behalf of Classic Grill & Bar Inc. requested an On-Sale Liquor License and Sunday Liquor License for Classic Grill & Bar on Lot 1, Block 1, Prague Estates 1st Addn.
Motion Jirik, Second Babione
Grant On-Sale Liquor and Sunday Liquor License to Classic Grill & Bar Inc. dba Classic Grill & Bar on Lot 1, Block 1, Prague Estates 1st Addn. (Lot 2, Block 1 East Town Plaza). Said licenses granted subject to state approval and appropriate background checks.
Motion carried.
Motion Babione, Second Jirik
Approve Conditional Use Permit C9-2004, New Prague Community Center to construct sign. Said approval granted with the following conditions:
1. The sign shall be constructed as shown on the proposed site plan dated 8/4/04 and on file with the New Prague Planning Department.
2. The sign should be located outside of the drainage and utility easement on the property.
Motion carried.
Motion Wilcox, Second Babione
Approve final plat of Prague Estates 9th Addn. Said approval granted with the following conditions:
1. Geiger Land Development, Inc. must enter into a Developer’s Agreement with the City of New Prague, and the agreement must be approved by the City Engineer prior to final plat approval.
2. Grading and construction plans must be approved by the City Engineer, City Planner and Public Works Director prior to final plat approval.
3. The plat must be reviewed and approved by the City Attorney.
4. The plat is subject to the utility extension permits from the Pollution Control Agency and the Minnesota Department of Health.
Motion carried.
Motion Wilcox, Second Babione
Approve Preliminary and Final Plat of Prague Estates 10th Addition. Said approval granted with the following conditions:
1. The plat complies with the New Prague Comprehensive Plan, Zoning Ordinance, Subdivision Ordinance, and Environmental Assessment Worksheet done for the Prague Estates Subdivision.
And with the following conditions:
1. Approval is granted in accordance with the preliminary plat drawing dated August 3, 2004 and the preliminary construction plans dated August 25 2004, on file with the New Prague Planning Department.
2. The Preliminary Plat is issued for a period of six months, and shall become null and void without further action from the Planning Commission or the City Council unless the final plat is filed within six (6) months of the date of the City Council granting Preliminary Plat approval.
3. Geiger Land Development, Inc. must enter into a Developer’s Agreement with the City of New Prague, and the agreement must be approved by the City Council prior to final plat approval. (may not be necessary)
4. Grading and construction plans must be approved by the City Engineer, Public Works Director and City Planner prior to final plat approval.
5. The (40’) drainage and utility easement shown along the easterly line of the plat should be changed to a 10’ wide drainage and utility easement.
6. A copy of proposed private driveway & drainage easement must be submitted for review and approval by staff.
7. A Wetlands Conservation Act Certificate of No Loss or Exemption must be filed for the proposed plat.
Motion carried.
Motion Wilcox, Second Jirik,
Accept resignation with regrets of Chris Chadderdon from Police Department.
Motion carried.
Motion Babione, Second Jirik.
Authorize the employment of Mr. Terry Stier as police patrol.
Motion carried.
Motion Wilcox, Second Babione.
Authorize the employment of Candi Gareis receptionist clerk.
Motion carried.
Council Member Wilcox reviewed with the Council proposed park improvements which are to be considered with special bond referendum. Ms Wilcox recommended a bond referendum of $3,500,000.00.
Council Member Wilcox offered the following Resolution and moved for its adoption.
RESOLUTION #04-09-07-01
CALLING FOR A SPECIAL ELECTION RELATING TO THE ISSUANCE OF
GENERAL OBLIGATION BONDS AND DECLARATION OF OFFICIAL
INTENT TO REIMBURSE CERTAIN EXPENDITURES FROM
PROCEEDS OF INDEBTEDNESS
WHEREAS the City Council (the Council) of the City of New Prague, Minnesota (the City) has determined it is in the best interest of the City to issue its certain general obligation bonds (the Bonds) in order to finance park improvements, which may include general park improvements for Memorial Park and an outdoor recreation ball field facility, (the Project); and
WHEREAS, pursuant to Minnesota Statutes, Chapter 475, as amended, prior to the issuance of the Bonds, the City must obtain approval for the issuance of the Bonds from a majority of the electors voting on the question of issuing such Bonds; and
WHEREAS, pursuant to the Minnesota Statutes, Chapter 205, as amended (Chapter 205) the City may call a special election for the purpose of voting on this matter; and
WHEREAS, the City expects to pay certain expenditures (the Reimbursement Expenditures) in connection with the special election and Project prior to the issuance of indebtedness for the purpose of financing costs associated with the Project on a long term basis;
WHEREAS the City reasonably expects that debt obligations in an amount not expected to exceed $3,500,000 will be issued and that certain of the proceeds of such debt obligations will be used to reimburse the Reimbursement Expenditures; and
WHEREAS, Section 1.150-2 of the Treasury Regulations requires the City to declare its reasonable official intent to reimburse prior expenditures for the Project with proceeds of a subsequent borrowing;
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF NEW PRAGUE, MINNESOTA AS FOLLOWS:
1. The Council proposes to issue the Bonds in the aggregate principal amount not to exceed $3,500,000 to undertake park improvements, which may include general park improvements for Memorial Park and an outdoor recreation ball field facility.
2. The Council hereby calls for a special election to be held pursuant to Chapter 205 on Tuesday, November 2, 2004, from 7:00 a.m. to 8:00 p.m. relating to the authorization by the electors to issue the Bonds.
3. The question to be voted on shall read as follows:
SHALL THE CITY OF NEW PRAGUE, MINNESOTA, BE AUTHORIZED TO ISSUE ITS GENERAL OBLIGATION BONDS IN AN AMOUNT NOT TO EXCEED $3,500,000 TO PROVIDE FUNDS FOR PARK IMPROVEMENTS, WHICH MAY INCLUDE GENERAL PARK IMPROVEMENTS FOR MEMORIAL PARK AND AN OUTDOOR RECREATION BALL FIELD FACILITY?
4. The City Administrator is hereby directed to (i) publish and post the notice of election in the City’s official newspaper, substantially in the form attached hereto as Exhibit A at least two weeks before the election, (ii) publish a sample ballot in the City’s official newspaper at least one week before the election, (iii) post a sample ballot in City Hall for public inspection, and at each polling place, at least four days before the election; and (iv) provide written notice of the election to the County Auditor of the County of Le Sueur and County of Scott at least 49 days before the election, including the date of the election and title and language for the ballot question; all as required by Chapter 205.
5. The City finds and determines that the foregoing recitals are true and correct.
6. The Issuer hereby declares its official intent to use proceeds of indebtedness to reimburse itself for Reimbursement Expenditures. This declaration is made solely for purposes of establishing compliance with the requirements of Section 1.150-2 of the Treasury Regulations. This declaration does not bind the City to make any expenditure, incur any indebtedness, or proceed with the Project.
7. This resolution shall take effect from and after its adoption.
Council Member Babione seconded said Resolution and upon roll call the following vote was recorded.
AYES NAYES
Sindelar X
Babione X
Jirik X
Kratochvil Absent Absent
Wilcox X
Thereupon Mayor Sindelar declared said resolution adopted this 7th day of September, 2004.
Craig Sindelar, Mayor
ATTEST:
Jerry Bohnsack, City Administrator
EXHIBIT A
FORM OF NOTICE
NOTICE OF SPECIAL ELECTION
CITY OF NEW PRAGUE, MINNESOTA
NOTICE IS HEREBY GIVEN, that a special election has been called and will be held in and for the CITY OF NEW PRAGUE, State of Minnesota, on Tuesday, the 2nd day of November, 2004, for the purpose of voting on the following questions:
INSTRUCTIONS TO VOTERS: To vote for a question
