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2018-04-20 Filing Letter_ Notice of Quick-Take Deposit_ Affidavit of Ser...Fredrikson April 20, 2018 VIAFEDEx Court Administrator Carver County District Court 600 East Fourth Street Chaska, MN 55318 RE: Northern States Power Company (d/b/a Xcel Energy) vs. Chaska Hazeltine Investors, LLC, et al. Court File No. 1 O-CV -18-73 Our File No. 017963.0259 Dear Court Administrator: Enclosed for filing and deposit in the captioned condemnation action is our Notice of Quick- Take Deposit ("Notice"), together with Petitioner's three checks totaling $201,100. These checks represents Petitioner's quick-take deposit, made pursuant to Minn. Stat. § 117.042. The checks are to be deposited in an interest-bearing account for the benefit of Respondents with an interest in the parcels listed in the Notice. Also enclosed is a copy of Petitioner's Form W-9. By copy of this letter and enclosure, we are serving the Notice upon Respondents or their counsel, if any, and the Affidavit of Service by U.S. Mail is also enclosed for filing. Sincerely, ~1f~ Patrick D.J. Mahlberg Attorney at Law Direct Dial: 612.492.7419 Email: pmahlberg@fredlaw.com PDJM:63812117 Enclosures cc: Attached Service List (w/enclosure) Attorneys & Advisors Fredrikson & Byron, P.A. main 612.492.7000 200 South Sixth Street, Suite 4000 fax 612.492.7077 Minneapolis, Minnesota www.fredlaw.com 55402-1425 MEMBER OF THE WORLD SERVICES GROUP OFFICES A Worldwide Network of Professional Service Providers Minneapolis / Bismarck / Des Moines / Fargo / Monterrey, Mexico / Shanghai, China STATE OF MINNESOTA COUNTY OF CARVER Northern States Power Company (d/b/a Xcel Energy), a Minnesota corporation, by its Board of Directors, Petitioner, vs. Chaska Hazeltine Investors, LLC, a Delaware limited liability company; City of Chaska; Beckman Coulter, Inc., a Delaware corporation; RBS Financial Products, Inc., a Delaware corporation, f/k/a Greenwich Capital Financial Products, Inc.; Midcountry Bank, a Federal Savings Bank; State of Minnesota; RAS Properties - Chaska, LLC, a Minnesota limited liability company; Magellan Pipeline Company, L.P., a Delaware limited partnership, f/k/a Williams Brothers Pipe Line Company; OSM-LOR, LLC, a Minnesota limited liability company; Cheryl Stinski as Personal Representative of the Estate of Roland Audley Stinski a/k/a Roland A. Stinski; Cheryl L. Stinski a/k/a Cheryl Stinski; First Farmers & Merchants National Bank, a national bank; RAS Properties - McKinley, LLC, a Minnesota limited liability company; Lois R. Degler, as Trustee of the Lois R. Degler Trust; Gayle o. Degler and Lois J. Degler, as Trustees of the Gayle O. Degler Revocable Trust, u/a/d April 11, 1997, as amended; City of Chanhassen; and Carver County, Respondents. DISTRICT COURT FIRST JUDICIAL DISTRICT Case Type: Condemnation Court File No. 10-CV-18-73 NOTICE OF QUICK-TAKE DEPOSIT IN THE MATTER OF THE CONDEMNATION OF CERTAIN REAL PROPERTY INTERESTS IN CARVER COUNTY, STATE OF MINNESOTA, FOR 115 kV TRANSMISSION LINE PURPOSES TO ALL RESPONDENTS HEREIN AND THEIR COUNSEL OF RECORD: NSP/Chaska Hazeltine: Notice of Quick-Take Deposit 63761539 - Page 1 PLEASE TAKE NOTICE that, pursuant to Minn. Stat. § 117.042, and the Court's Order Granting Petition and Quick-Take Motion in the captioned condemnation action, Petitioner has deposited checks totaling $201,100.00 with the District Court Administrator for the taking affecting the parcels listed as follows: Parcel (Respondent) Deposit Parcel 3 (PID No. 30.5210010) $9,100.00 Chaska Hazeltine Investors, LLC, et al. Parcel 6 (PID No. 30.5190030) $157,000.00 RAS Properties - Chaska, LLC, et al. Parcel 10 (PID No. 30.0220100) $35,000.00 Lois R. Degler, as Trustee of the Lois R. Degler Trust, et al. Total Quick-Take Deposit $201,100.00 Dated: April 20, 2018 Patrick D.J. Mahlberg (# 388028) FREDRIKSON & BYRON, P.A. 200 South Sixth Street, Suite 4000 Minneapolis, MN 55402-1425 Telephone: (612) 492-7000 Email: pmahlberg@fredlaw.com Attorneys for Petitioner NSP/Chaska Hazeltine: Notice of Quick-Take Deposit 63761539 - Page 2 Northern States Power Company, et al. v. Chaska Hazeltine Investors, LLC, et al. Court File No.: lO-CV-18-73 AFFIDAVIT OF SERVICE BY U.S MAIL STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) Jennifer Bjorklund, being duly sworn on oath, deposes and states that on the 20th day of April, 2018, she served the attached: Notice of Quick-Take Deposit by placing true and correct copies in envelopes addressed to the Respondents on the attached Service List, and depositing the same, with postage prepaid, in the United States mail at Minneapolis, Minnesota. Subscribed and sworn to before me this 20th day of April, 2018. 63810504.2 63834285.1 Northern States Power Company vs. Chaska Hazeltine Investors, LLC, et al. CARVER COUNTY Court File No.10-CV-18-73 SERVICE LIST Parcel 3 30.5210010 Chaska Hazeltine Investors, LLC c/o CT Corporation System, Inc. 100 S 5th Street, #1075 Minnea olis, MN 55402 Parcel 3 30.5210010 Parcel 10 30.0220100 Parcel 3 30.5210010 Parcel 3 30.5210010 City of Chaska c/o Denise Wetzel, City Clerk Chaska City Hall 1 City Hall Plaza Chaska, MN 55318 Beckman Coulter, Inc. c/o CT Corporation System, Inc. 1010 Dale Street N st. Paul, MN 55117-5603 RBS Financial Products, Inc. c/o Corporation Service Company 2345 Rice Street, Suite 230 Roseville, MN 55113 Parcel 3 30.5210010 Parcel 3 30.5210010 Parcel 6 30.5190030 Parcel 6 30.5190030 Parcel 6 30.5190030 Midcountry Bank 7825 Washington Avenue S Bloomington, MN 55439 State of Minnesota c/o Attorney General 1100 Bremer Tower 445 Minnesota Street st. Paul, MN 55101 RAS Properties - Chaska, LLC c/o Patrick W. Fischer 3647 McKinley Street NE Minnea olis, MN 55418 Magellan Pipeline Company, L.P. c/o CT Corporation System, Inc. 1010 Dale Street N St. Paul, MN 55117-5603 OSM-LOR, LLC c/o National Registered Agents, Inc. 100 S 5th Street, Suite 1075 Minnea olis, MN 55402 Parcel 6 30.5190030 Parcel 6 30.5190030 Parcel 6 30.5190030 Cheryl Stinski, Personal Representative 1612 Berne Circle NE Fridle ,MN 55421 Cheryl L. Stinski 1612 Berne Circle NE Fridle ,MN 55421 First Farmers & Merchants National Bank 114 S Park Street Fairmont, MN 56031 Parcel 6 30.5190030 RAS Properties - McKinley, LLC 3647 McKinley Street NE Minnea olis, MN 55418 63834285.1 Northern States Power Company vs. Chaska Hazeltine Investors, LLC, et al. CARVER COUNTY Court File No.10-CV-18-73 SERVICE LIST Parcel 10 30.0220100 Lois R. Degler, Trustee 9111 Audubon Road Chanhassen, MN 55317 Parcel 10 30.0220100 Parcel 10 30.0220100 Parcel 10 30.0220100 ALL Gayle O. Degler, Trustee 541 Pineview Court Chanhassen, MN 55317 Lois J. Degler, Trustee 541 Pineview Court Chanhassen, MN 55317 City of Chanhassen c/o Todd Gerhardt, City Manager 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Carver County c/o Laurie Davies, Auditor/Treasurer 600 East 4th Street Chaska, MN 55318 To The Order Of DOLLARS Pay NINE THOUSAND ONE IF NOT CASHED IN 90 DAYS CARVER COUNTY 604 E 4TH ST CHASKA MN 55318 Payee Vendor ID Employee # 00000000 PO/Contract Check No. 1105000580 Disc/Wth 0.00 Date 04/13/18 Pay Amount $9100.00 CARVER COUNTY DISTRICT COURT ADMI~ Payment Ref 1900000668 Invoice No. SRLWI-18-101 pymt.Comments: *RT: BRIAN SULLIVAN 414 FLOOR 6 15 2488322 13535 0 672374 Xtel Energy Services Inc. d/b a Xcel.~nergy 414 ollet(Ma Wells Fargo Bank, N.A. 115 Hospital Drive Van Wert, OH 45891 Date 04/13/18 1105000589 Pay .:.::~::, ONE HUNDRED FIFTY-SEVEN THOUSAND &OO/l()O******************* To The Order Of CARVER COUNTY DISTRICT 604 E 4TH ST CHASKA MN 55318 VOID IF NOT CASHED IN 90 DAYS DOLLARS THE FACE OF THIS DOCUMENT HAS A COLORED BACKGROUND ON WHITE PAPER AND A WATERMARK, HOLD AT AN ANGLE TO VIEW Payee Vendor ID Employee # 00000000 PO/Contract CARVER COUNTY DISTRICT COURT ADMI~ Payment Ref 1900000671 Invoice No. SRLWI-18-102 pymt.Comments: *RT: BRIAN SULLIVAN 414 FLOOR 6 Check No. 1105000589 Disc/Wth 0.00 Date 04/13/18 Pay Amount $157000.00 1 2489227 13547 0 673279 To The Order Of 1105000579 Pay THIRTY-FIVE CARVER COUNTY 604 E 4TH ST CHASKA MN 55318 Payee Vendor ID Employee =It 00000000 PO/Contract Check No. 1106000679 Disc/Wth 0.00 Date 04/13/18 Pay Amount $35000.00 CARVER COUNTY DISTRICT COURT ADMI~ Payment Ref 1900000667 Invoice No. SRLWI-18-103 pymt.Comments: *RT: BRIAN SULLIVAN 414 FLOOR 6 14 2488321 13535 0 672373 Form W-9 Request for Taxpayer Give Form to the (Rev. November 2017) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Intemal Revenue Service ~ Go to www.irs.govIFormW9for instructions and the latest information. 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank . . ~2.r.!!:!.~!l.?!.<!.!.~~"POW~.r Com~any, d/b/a Xcel Energy 2 Business name/disregarded entity name, if different from above <'i (I) 3 Check appropriate box for federal tax claSSification of the person wnose name is entered on line 1. Check only one of the 4 Exemptions (codes apply only to Ol following seven boxes. certain entities, not individuals; see <II 0. instructions on page 3): c o Individual/sole proprietor or [{] C Corporation o S Corporation o Partnership o Trust/estate 0 • III slnqle- member LLC Exempt payee code (if any) Q) C 0.0 o Limited liability company. Enter the tax classification (C"C corporation, S=S corporation, P=Partnership)'" ~'tl ._ :::s Note: Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check Exemption from FATCA reporting o ._ 1:'Ui LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is code (if any) "i: .5 another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single-member LLC that 0. (J is disregarded from the owner should check the appropriate box for the tax classification of its owner. !E (J o Other (see Instructions) ... (Applies to accounts maintained outside the U.S,) Q) 0. 5 Address (number, street, and apt. or suite no.) See instructions. Requester's name and address (optional) In (I) 414 Nicollet Mall (I) (f) "6""Cit'y';"state';and'Zi'P-code "" •. ""_._.,-" ........... . !\I,I.i.!:'.r.:'.~~..E.Q!!§..!." MI\!, 55401 7 List account number(s) here (optional) .::F.'I< •• Taxpayer Identification Number (TIN) -_. I SOCial security number _j [ill -CD -I 1 1 IJ Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Instructions for Part I, later. For other entities, it is your employer Identification number (EIN). If you do not have a number, see How to get a TIN, later. Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. ':m'll Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer Identification number (or I am waiting for a number to be Issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all Interest and dividends on your tax return, For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (iRA), and generally, payments other than interest and dividends, are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II. later. Sign Here Signature of U.S. person ... Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions. such as legislation enacted after they were published, go to www.irs.govIFormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1 099-INT (interest earned or paid) • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards. or gross proceeds) • Form 1099-8 (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1 099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098- T (tuition) • Form 1 099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. /( you do not return Form W-9 to the requester with a TIN. you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 11-2017) After printing this label: 1. 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Warning: Use only the printed original label for shipping. Using a photocopy of this label for shipping purposes is fraudulent and could result in additional billing charges, along with the cancellation of your FedEx account number. Use of this system constitutes your agreement to the service conditions in the current FedEx Service Guide, available on fedex.com.FedEx will not be responsible for any claim in excess of $100 per package, whether the result of loss, damage, delay, non-delivery,misdelivery,or misinformation, unless you declare a higher value, pay an additional charge, document your actual loss and file a timely claim.Limitations found in the current FedEx Service Guide apply. Your right to recover from FedEx for any loss, including intrinsic value of the package, loss of sales, income interest, profit, attorney's fees, costs, and other forms of damage whether direct, incidental,consequential, or special is limited to the greater of $100 or the authorized declared value. Recovery cannot exceed actual documented loss.Maximum for items of extraordinary value is $1,000, e.g. jewelry, precious metals, negotiable instruments and other items listed in our ServiceGuide. Written claims must be filed within strict time limits, see current FedEx Service Guide. Page 1 of 1 4/20/2018https://www.fedex.com/shipping/html/en/PrintIFrame.html