Public Notices June 3, 2018 South-West Review

Public Notices, Foreclosure Notices & Legal Notices published June 3, 2018 in the South-West Review.

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Public Notices

NOTICE OF ASSESSMENT LIEN FORECLOSURE SALE 

NOTICE IS HERBY GIVEN that default has been made in the terms and conditions of the Declaration of Twin Pines Condominiums (“Declaration”) recorded with the Dakota County Registrar of Titles, on April 4, 2005 as Document No. 562398 on Certificate of Title No. 135729, which covers the following property: 

Garage Unit No. G1, CIC No. 481, Twin Pines Condominiums, a Common Interest Community, located in the County of Dakota, Minnesota. 

WHEREAS, under said Declaration, there is claimed to be due and owing as of April 5, 2018, from Bana Investment, L.L.C., title holder, to Twin Pines Condominiums Association Inc., the principal amount of Two Thousand, Seven Hundred Fifty-Six and 68/100th Dollars ($2756.68) for assessments, late fees, plus assessments, collection costs, attorneys’ fees and other amounts that have and will be incurred since said date, including costs of collection and foreclosure; 

WHEREAS, no action is now pending at law or otherwise to recover said debt or any part thereof; 

WHEREAS, the owner has not been released from the financial obligation to pay said amount 

WHEREAS, under the Declaration and Minn. Stat. § 5l5B.3-116(h), said debt created a lien upon said premises in favor of Twin Pines Condominium Association as evidenced by the lien statement recorded on April 4, 2018 with the Dakota County Registrar of Titles as Document No. 790669 on Certificate of Title No. 135729. 

WHEREAS, under the power of sale granted by the owner(s) in taking title to the premises subject to said Declaration, said lien will be foreclosed by the sale of said property by the sheriff of said county at the Dakota County Civil Unit, 1580 Highway 55, Hastings, Minnesota, on June 25, 2018 at 10:00 a.m., at public auction to the highest bidder, for cash, to pay the amount then due for said assessments, together with the costs of foreclosure, including attorneys’ fees as allowed by law. The time allowed by law for redemption by the unit owners, their personal representatives or assigns is six (6) months from the date of said sale. 

The following information is provided pursuant to Minnesota Statutes Sections 580.025 and 580.04: 

(1) Street Address of Property: 966 Robert Street South, G1, West St. Paul, MN 55118 

(2) Name of Transaction Agent, Residential Mortgage Servicer, Lender &/or Broker: N/A 

(3) Tax Parcel Identification Number of the Property: 42-83400-05-001 

(4) Transaction Agent’s Mortgage Identification Number, if Known: N/A 

(5) Name of Mortgage Originator, if stated on mortgage: N/A 

(6) Date by which Occupant must vacate Property if mortgage is not reinstated under Section 580.30 or property redeemed under 580.23: 11:59 p.m. on Tuesday, December 25, 2018. If the foregoing date is a Saturday, Sunday, or legal holiday, then the date to vacate is the next business day at 11:59 p.m.

REDEMPTION NOTICE 

THE TIME ALLOWED BY LAW FOR REDEMPTION BY THE MORTGAGEOR, 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 MORGAGED PREMISES ARE IMPROVED WITH A RESIDENTIAL DWELLING OF LESS THAN FIVE UNITS, ARE NOT PROPERTY USED FOR AGRICULTURAL PRODUCTION, AND ARE ABANDONED. 

Dated: May 7, 2018

Lienor:

Twin Pines Condominium Association

By: Christopher J. Wilcox 

Its: Attorney in Fact 

CHRISTENSEN LAW OFFICE PLLC 

By: Christopher J. Wilcox (#392536) 

Attorney for Lienor 

800 Washington Avenue North, Suite 704 

Minneapolis, MN 55401 

(612) 823-4016

(South-West Review: May 13, 20, 27, June 3, 10, 17, 2018)

____

NOTICE OF CONDOMINIUM ASSOCIATION LIEN FORECLOSURE SALE 

WHEREAS, default has been made in the terms and conditions of the Declaration for Fairway Village, a Condominium, Condominium Number 120 (henceforth the Declaration) dated May 18, 1994 and recorded in the office of the County Recorder in and for Dakota County, Minnesota on May 27, 1994 as Document No. 1219417, as amended by Document No. 1266722 which said Declaration covers the following described property situated in the County of Dakota and State of Minnesota, to-wit: 

Unit No. 36, Condominium No. 120, Fairway Village, according to the plat thereof on file or of record in the Office of the County Recorder in and for Dakota County, Minnesota. 

Street Address: 8655 Bernard Path, Inver Grove Heights, MN 

PID #20-25650-04-036 

WHEREAS, pursuant to said Declaration, there is claimed to be due and owing as of the date of this Notice by Michael E. Burger as unit owner to Fairway Village Homeowners Association, Inc., the principal amount of Three Thousand Two Hundred Fifty-five Dollars and 11/100 ($3,255.11) for condominium assessments through May, 2018; and no action being now pending at law or otherwise to recover said debt or any part thereof, and; 

WHEREAS, pursuant to said Declaration, and the statute in such case made and provided, said debt creates a lien upon said premises in favor of Fairway Village Homeowners Association, Inc. 

NOW, THEREFORE, notice is hereby given that by virtue of the power of sale created by statute, said lien will be foreclosed by the sale of said premises with the hereditaments and appurtenances, which said sale will be made by the Sheriff of Dakota County, Minnesota at the Sheriff’s main office in the Dakota County Courthouse Civil Division, 1580 Highway 55 - lobby S-100, in the City of Hastings in said County on July 12, 2018 at 10:00 a.m., at public auction to the highest bidder, for cash, to pay the amount then due for said condominium assessments, together with the costs of foreclosure, including attorney’s fees as allowed by law. The time allowed by law for redemption by the unit owner, his personal representatives or assigns, is six (6) months from the date of said sale. 

TIME AND DATE TO VACATE PROPERTY: If the real estate is an owner-occupied single family dwelling, unless otherwise provided by law, the date on or before which the unit owners must vacate the property if the lien is not reinstated under section 580.30 or the property is not redeemed under section 580.23 is 11:59 p.m. on January 12, 2019. If the foregoing date is a Saturday, Sunday or legal holiday, then the date to vacate the property is the next business day at 11:59 p.m. 

Dated: May 4, 2018

FAIRWAY VILLAGE HOMEOWNERS ASSOCIATION, INC. 

FULLER, SEAVER, SWANSON & KELSCH, P.A. 

By: Timothy D. Fuller 32694 

12400 Portland Avenue South, Suite 132 

Burnsville, MN 55337 

(952) 890-0888

Attorneys for Fairway Village Homeowners Association, Inc. 

(South-West Review: May 13, 20, 27, June 3, 10, 17, 2018)

____

NOTICE OF CONDOMINIUM ASSOCIATION LIEN FORECLOSURE SALE 

WHEREAS, default has been made in the terms and conditions of the Declaration for Fairway Village, a Condominium, Condominium Number 120 (henceforth the Declaration) dated May 18, 1994 and recorded in the office of the County Recorder in and for Dakota County, Minnesota on May 27, 1994 as Document No. 1219417, as amended by Document No. 1266722 which said Declaration covers the following described property situated in the County of Dakota and State of Minnesota, to-wit: 

Unit No. 129, Condominium No. 120, Fairway Village, according to the plat thereof on file or of record in the Office of the County Recorder in and for Dakota County, Minnesota. 

Street Address: 8732 Benson Way, Inver Grove Heights, MN 

PID #20-25680-04-129 

WHEREAS, pursuant to said Declaration, there is claimed to be due and owing as of the date of this Notice by Maureen Marlow as unit owner to Fairway Village Homeowners Association, Inc., the principal amount of Three Thousand Four Hundred Twenty Dollars and 11/100 ($3,420.11) for condominium assessments through May, 2018; and no action being now pending at law or otherwise to recover said debt or any part thereof, and; 

WHEREAS, pursuant to said Declaration, and the statute in such case made and provided, said debt creates a lien upon said premises in favor of Fairway Village Homeowners Association, Inc. 

NOW, THEREFORE, notice is hereby given that by virtue of the power of sale created by statute, said lien will be foreclosed by the sale of said premises with the hereditaments and appurtenances, which said sale will be made by the Sheriff of Dakota County, Minnesota at the Sheriff’s main office in the Dakota County Courthouse Civil Division, 1580 Highway 55 - lobby S-100, in the City of Hastings in said County on July 12, 2018 at 10:00 a.m., at public auction to the highest bidder, for cash, to pay the amount then due for said condominium assessments, together with the costs of foreclosure, including attorney’s fees as allowed by law. The time allowed by law for redemption by the unit owner, her personal representatives or assigns, is six (6) months from the date of said sale. 

TIME AND DATE TO VACATE PROPERTY: If the real estate is an owner-occupied single family dwelling, unless otherwise provided by law, the date on or before which the unit owners must vacate the property if the lien is not reinstated under section 580.30 or the property is not redeemed under section 580.23 is 11:59 p.m. on January 12, 2019. If the foregoing date is a Saturday, Sunday or legal holiday, then the date to vacate the property is the next business day at 11:59 p.m. 

Dated: May 4, 2018

FAIRWAY VILLAGE HOMEOWNERS ASSOCIATION, INC. 

FULLER, SEAVER, SWANSON & KELSCH, P.A. 

By: Timothy D. Fuller 32694 

12400 Portland Avenue South, Suite 132 

Burnsville, MN 55337 

(952) 890-0888

Attorneys for Fairway Village Homeowners Association, Inc. 

(South-West Review: May 13, 20, 27, June 3, 10, 17, 2018)

____

NOTICE OF SHERIFF’S SALE 

FROM: Road Ready Truck & Trailer Repair, LLC 

ADDRESS: 9050 Jefferson Trail, Inver Grove Heights, MN 55077 

OWNERS: Merchants Bank, Nexus Trucking, Inc., and Twinstar Trucking, Inc. 

RE: Vehicle: 2011 UTILITY TRAILER 

VIN: 1UYVS2537BU071742 

LICENSE PLATE NUMBER: NONE 

This is a Notice of Sheriff’s sale. This is a legal notice that the above mentioned vehicle will be sold at public auction to the highest cash bidder by the Dakota County Sheriff on June 20, 2018 at 9:00 a.m. at Road Ready Truck & Trailer Repair, LLC, 9050 Jefferson Trail, Inver Grove Heights, Minnesota 55077. Merchants Bank, Nexus Trucking, Inc, and Twinstar Trucking, Inc., owners of the vehicle, owe Road Ready Truck & Trailer Repair, LLC the amount of $20,785.61 for mechanical services, repairs, and storage that Road Ready Truck & Trailer Repair, LLC furnished to this vehicle. On the date of the Sheriff’s sale, the total sum due and owing to Road Ready Truck & Trailer Repair, LLC will be $20,885.61, which includes the additional monthly storage charges that will have accrued from the date of this letter to the date of the sale. This amount does not include the costs of the sale or Sheriff’s fees. This Notice of Sheriff’s Sale is provided to you pursuant Minnesota Statutes 514.18 to 514.22 as you are the owner of the above mentioned vehicle. If this amount is not paid in full via cashier’s check by the date of the sale the vehicle will be sold at the sheriff’s sale to the highest bidder.

Name of Lienor

Road Ready Truck & Trailer Repair, LLC

9050 Jefferson Trail

Inver Grove Heights, MN 55077

651-646-2522 

Name and Address of Attorney for Lienor 

/s/ Andrew B. Kalis

Ryan, Brucker & Kalis, Ltd.

201 Minnesota Avenue North

P.O. Box 388

Aitkin, MN 56431

218-927-2136

Atty. Reg. No. 0387682

THIS COMMUNICATION IS FROM A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

FAIR DEBT COLLECTION PRACTICES ACT NOTICE 

PLEASE BE ADVISED THAT THIS COMMUNICATION IS FROM A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND THAT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 

THE AMOUNT THAT YOU OWE IS $20,785.61. 

THIS AMOUNT IS OWED TO ROAD READY TRUCK & TRAILER REPAIR, LLC. 

UNLESS YOU, WITHIN THIRTY (30) DAYS AFTER THE RECEIPT OF THIS NOTICE, DISPUTE THE VALIDITY OF THE DEBT, THE DEBT COLLECTOR WILL ASSUME THAT THIS DEBT IS VALID. 

IF YOU NOTIFY THE DEBT COLLECTOR, IN WRITING WITHIN THE THIRTY (30) DAY PERIOD THAT THE DEBT, OR ANY PORTION THEREOF, IS DISPUTED, THEN THE DEBT COLLECTOR WILL OBTAIN VERIFICATION OF THE DEBT OR A COPY OF THE JUDGMENT AGAINST YOU AND MAIL A COPY OF SUCH VERIFICATION OR JUDGMENT TO YOU. 

UPON YOUR WRITTEN REQUEST WITHIN THE THIRTY (30) DAY PERIOD, THE DEBT COLLECTOR, WILL PROVIDE YOU WITH THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM THE CURRENT CREDITOR. 

DATED: 5/15/2018

(South-West Review: May 20, 27, June 3, 2018)

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PUBLIC NOTICE 

Notice is hereby given that the Planning Commission of Inver Grove Heights will meet on TUESDAY, JUNE 19, 2018 at 7:00 p.m. in the City Council Chambers, located at 8150 Barbara Avenue, Inver Grove Heights, MN to consider the request for FUEL OIL SERV CO (HOLIDAY) - CASE NO. 18-29S. This request involves property located at 7020 South Robert Trail and identified as PID No’s. 20-00800-26-010 and 20-20000-02-020. 

The request consists of: 

— A Preliminary and Final Plat to create a one lot, one outlot subdivision and any variances related thereto. 

All written and oral statements will be considered at the public hearing and all those desiring to be heard will be heard at the public hearing. Plans are available for public review at the City Hall offices during normal business hours and on the City of Inver Grove Heights website (www.invergroveheights.org). If you have questions on the request, please call the Planning Department at 651-450-2545. 

Michelle Tesser, City Clerk

(South-West Review: June 3, 2018)

____

PUBLIC NOTICE 

Notice is hereby given that the Planning Commission of Inver Grove Heights will meet on TUESDAY, JUNE 19, 2018 at 7:00 p.m. in the City Council Chambers, located at 8150 Barbara Avenue, Inver Grove Heights, MN to consider the request for KIRK LINDBERG - CASE NO. 18-30C. This request involves property located at 8799 Audobon and identified as PID No 20-48101-01-020. 

The request consists of: 

— A Conditional Use Permit to allow metal siding on an accessory building and any variances related thereto. 

All written and oral statements will be considered at the public hearing and all those desiring to be heard will be heard at the public hearing. Plans are available for public review at the City Hall offices during normal business hours and on the City of Inver Grove Heights website (www.invergroveheights.org). If you have questions on the request, please call the Planning Department at 651-450-2545. 

Michelle Tesser, City Clerk

(South-West Review: June 3, 2018)

____

CITY OF INVER GROVE HEIGHTS, MN

ADVERTISEMENT FOR BIDS

2018 CAPITAL IMPROVEMENT PROGRAM

CITY PROJECT NO. 2018-08

FIRE STATION NO. 2 SEWER AND WATER IMPROVEMENTS

and

CONDUIT FOR CITY PROJECT NO. 2018-11

FIRE STATION NO. 2 FIBER OPTIC IMPROVEMENTS 

NOTICE IS HEREBY GIVEN that sealed bids will be received, publicly opened, and read aloud by representatives of the City Council of Inver Grove Heights, Dakota County, MN, at the City Council Chambers at 8150 Barbara Avenue in said City at 9:00 a.m. on June 15, 2018 for furnishing of all work and materials for consideration of City Improvements for City Project No. 2018-08 – Fire Station No. 2 Sewer and Water Improvements and Conduit for City Project No. 2018-11 – Fire Station No. 2 Fiber Optic Improvements, consisting of approximately: 

Sanitary Sewer – 1,400 LF (more or less) 

Watermain – 1,700 LF (more or less) 

Jacking Steel Casing – 425 LF (more or less) 

Boring Conduit– 210 LF (more or less) 

Conduit for Fiber Optic – 2,000 LF (more or less) 

Bituminous Pavement Restoration – 1,900 SY (more or less) 

All in accordance with Plans and Specifications, dated May 25, 2018, prepared by SRF Consulting Group, Inc. which are on file and may be examined at the Office of the City Engineer, 8150 Barbara Avenue, Inver Grove Heights, MN 55077 or at the Office of the Consulting Engineer, SRF Consulting Group, Inc, One Carlson Parkway N, Suite 150, Minneapolis, MN 55447. 

Complete digital project bidding documents are available at www.questcdn.com. You may download the digital plan documents for $30.00 by inputting eBidDoc #5767950 on the website’s Project Search page. Please contact QuestCDN at 952-233-1632 or info@questcdn.com for assistance in membership registration, downloading, and working with this digital project information.

OR 

Copies of the Plans and Specifications may be purchased for a non-refundable price of $75.00 per set which includes applicable sales tax and shipping. Please make your check payable to Docunet Corporation and send it to 2435 Xenium Lane North, Plymouth, MN 55441. Please contact Docunet at 763-475-9600 if you have any questions. Plans and Specifications, so purchased, become the property of the purchaser, and no portion of the purchase price will be refunded. 

Work on this project must be completed by August 15, 2018 for Interim 1a (parking lot crossing) 

Work on this project must be completed by October 15, 2018 for Interim 1b (boring under highway) 

Work on this project must be completed by November 30, 2018 for Interim 2 (entire project) 

Work on this project must be completed by June 30, 2019 for Final Completion (turf establishment) 

Bids must be on the basis of cash payment for the work and materials, and no bid will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, certified check, or bidder’s bond, payable to the City, for not less than 5% of the bid, as a guarantee that the bidder will, within fifteen (15) days after notification of the award of contract, enter into an agreement with the City and furnish a bond for the full amount of the contract as provided for by law. This deposit will be subject to forfeiture as provided by law. 

Cash deposits, certified checks, and bidder’s bonds of the three (3) lowest bidders may be retained until the contract has been awarded and executed, but no longer than 60 days from the date of opening bids. All other deposits will be refunded promptly. 

The City reserves the right to reject any and all bids, to waive any informality therein, and to adjourn the meeting to a later date for the purpose of further consideration of the bids and taking action thereon. No bid may be withdrawn within 60 days after the date of opening of bids. 

The City Council will consider award of contract at their regular meeting held at City Hall on Monday, June 25, 2018 at 7:00 p.m. in the Council Chambers at 8150 Barbara Avenue. 

Michelle Tesser, City Clerk

(Southwest Review: June 3, 2018)

____

CITY OF LILYDALE

NOTICE OF ANNUAL MEETING TO REVIEW

STORMWATER POLLUTION PREVENTION PLAN 

NOTICE IS HEREBY GIVEN that a public meeting will be held on Monday, June 11, 2018 at 4:30 p.m. at Lilydale City Hall, 1011 Sibley Memorial Hwy., Lilydale, MN, to review the City’s Stormwater Pollution Prevention Program (SWPPP). The SWPPP is a document that outlines how the City will work towards reducing pollution in stormwater runoff. Residents are encouraged to attend and provide input regarding the SWPPP. Residents may also submit comments to the city clerk at (651) 457-2316 by June 8, 2018. A copy of the SWPPP is available for review at Lilydale City Hall and on the City’s website at www.lilydale.govoffice.com. 

Mary Schultz 

City Clerk

(South-West Review: June 3, 2018)

____

CITY OF WEST ST. PAUL

NOTICE OF HEARING ON PROPOSED ASSESSMENT

ROBERT STREET SIDEWALK CLEANING 

TO WHOM IT MAY CONCERN: 

Notice is hereby given that the City Council will meet at 6:30 p.m. on Monday, June 25, 2018 in the Municipal Center Council Chambers to consider, and possibly adopt, the proposed assessment for the improvement of Robert Street, from Butler Avenue to Mendota Road, by sidewalk cleaning and snow removal. Adoption by the Council of the proposed assessment may occur at the hearing. 

Such assessment is proposed to be payable in equal annual installments extending over a period of one year, the first of the installments to be payable on or before the first Monday in January 2019 and will bear interest at the rate of 4.4 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of adoption of this assessment resolution until December 31, 2019. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 

You may, at any time prior to certification of the assessment to the County Auditor, pay the entire assessment on such property, with interest accrued to the date of payment, to the City Treasurer. No interest shall be charged if the entire assessment is paid within 30 days from the adoption of this assessment. You may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. If you decide not to prepay the assessment before the date given above, the rate of interest that will apply is 4.4 percent per year. 

The proposed assessment roll is on file for public inspection at the City Clerk’s Office. The total amount of the proposed assessment is $107,409.28. Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount of an assessment unless a signed, written objection is filed with the City Clerk prior to the hearing or presented to the presiding officer at the hearing. The Council may, upon such notice, consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. 

If an assessment is contested or there is an adjourned hearing, the following procedure will be followed: 

1. The City will present its case first by calling witnesses who may testify by narrative or by examination, and by the introduction of exhibits. After each witness has testified, the contesting party will be allowed to ask questions. This procedure will be repeated with each witness until neither side has further questions. 

2. After the City has presented all its evidence, the objector may call witnesses or present such testimony as the objector desires. The same procedure for questioning of the City’s witnesses will be followed with the objector’s witnesses. 

3. The objector may be represented by counsel. 

4. Minnesota rules of evidence will not be strictly applied; however, they may be considered and argued to the Council as to the weight of items of evidence or testimony presented to the Council. 

5. The entire proceedings will be tape recorded (video-taped). 

6. At the close of presentation of evidence, the objector may make a final presentation to the Council, based on the evidence and the law. No new evidence may be presented at this point. 

7. The Council may adopt the proposed assessment at the hearing. 

An owner may appeal an assessment to District Court, pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or City Clerk. 

Under Minnesota Statutes, Section 435.193 to 435.195 and City Council Resolution No. 01-68, the Council may, in its discretion, defer the payment of this special assessment for any homestead property owned by a person 65 years of age or older for whom it would be a hardship to make the payments. When deferment of the special assessment has been granted and is terminated for any reason provided in that law, all amounts accumulated plus applicable interest become due. Any assessed property owner meeting the requirements of this law and the ordinance adopted under it may, within 30 days of the confirmation of the assessment, apply to the City Treasurer for the prescribed form for such deferral of payment of this special assessment on his property. 

Such persons as desire to be heard with reference to this proposed assessment may be heard at this meeting. 

The City of West St. Paul does not discriminate on the basis of race, color, national origin, sex, religion, age or disability in employment or the provision of services. 

If you need any type of accommodation to participate in the meeting, please contact the ADA Coordinator, (651) 552-4102 or TDD (651) 322-2323 at least 5 business days prior to the meeting. 

If you have any questions about the assessment of the project, please contact Ross Beckwith at (651) 552-4130. 

Shirley R Buecksler, City Clerk

(South-West Review: June 3, 2018)

____

CERTIFICATE OF

ASSUMED NAME

STATE OF MINNESOTA

Minnesota Statutes Chapter 333: 

ASSUMED NAME: Clear and Simple Window Cleanng 

PrincipalPlaceofBusiness: 1640 Ross Ave, Saint Paul MN 55106 

NAMEHOLDERS: Shannon N Nistler, 1640 Ross Ave, Saint Paul MN 55106 

I, the undersigned, certify that I am signing this document as the person whose signature is required, or as agent of the person(s) whose signature would be required who has authorized me to sign this document on his/her behalf, or in both capacities. I further certify that I have completed all required fields, and that the information in this document is true and correct and in compliance with the applicable chapter of Minnesota Statutes. I understand that by signing this document I am subject to the penalties of perjury as set forth in Section 609.48 as if I had signed this document under oath. 

Date: 05/21/2018

/s/ Shannon Nistler 

(East Side Review: May 27, June 3, 2018)

____

STATE OF MINNESOTA

COUNTY OF Ramsey

DISTRICT COURT 

secondJUDICIAL DISTRICT probatecourtdivision

Court File No.: 62-PR-18-452

NOTICE AND ORDER forHEARING ON PETITION FOR formalprobateofwillandformalappointmentOF PERSONAL REPRESENTATIVE AND NOTICE TO CREDITORS 

In the Matter of the Estate of: 

Dorothy Anne Irene (Cederberg) Spencer, 

Deceased. 

IT IS ORDERED AND NOTICE is given that on Tuesday, June 26, 2018 at 10:00 a.m. a hearing will be held in this Court at Ramsey County Courthouse, 15 West Kellogg Boulevard, Courtroom 1670, St. Paul, Minnesota 55102 for the formal probate of an instrument purporting to be the Will of the Decedent dated July 17, 1998 (“Will”) and for the appointment of Eric K. Spencer, whose address is: 2630 North 160th Street, Omaha, NE 68116, as personal representative of the Estate of the Decedent in an unsupervised administration. 

Any objections to the petition must be filed with the Court prior to or raised at the hearing. If proper and if no objections are filed or raised, the personal representative will be appointed with full power to administer the Estate, including the power to collect all assets, to pay all legal debts, claims, taxes and expenses, to sell real and personal property, and to do all necessary acts for the Estate. 

Any charitable beneficiary may request notice of the probate proceedings be given to the attorney general pursuant to Minnesota Statutes Section 501B.41, Subdivision 5. 

IT IS FURTHER ORDERED that notice shall be given by publishing this Notice and Order as provided by law and by mailing a copy of this Notice and Order at least 14 days prior to the hearing date to all interestesd persons and persons who have filed a demand for notice. 

Notice is also given that (subject to Minn. Stat. § 524.3-801) all creditors having claims against the Estate are required to present the claims to the personal representative or to the Court Administrator within four months after the date of this Notice or the claims will be barred. 

Dated: May 23, 2018 

Laura J. Stevens

Deputy Court Administrator 

Self Represented Litigant 

Eric K. Spencer 

2630 North 160th Street 

Omaha, NE 68116,

(East Side Review: June 3, 10, 2018)

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Public Notices

Continued on Page 10

Public Notices

Continued from Page 9

STATE OF MINNESOTA

COUNTY OF DAKOTA

DISTRICT COURT

FIRST JUDICIAL DISTRICT

COURT FILE No. 19HA-CV-18-2010

Case Type: Condemnation

CONDEMNATION PETITION 

City of Inver Grove Heights, a Minnesota municipal corporation, 

Petitioner,

v. 

Albert J. Kramer, a single person; Lois K. Kramer and Scott D. Kramer, wife and husband; Heartland Credit Union, a corporation organized and existing under the laws of the State of Minnesota; State of Minnesota; County of Dakota; Timothy A. Hay, a single person; Todd A. Hay and Lynda Hay, husband and wife; Walser Real Estate III, LLC, a Minnesota limited liability company; Bank of America, a National Association, a foreign trust association, and all other parties unknown having any right, title or interest 

in the real property described in Petitioner’s Petition, together with the unknown heirs or devisees, if any, of the parties that may be deceased and 

including unknown spouses, if any, and all others claiming any interest in the property described in Petitioner’s Petition, 

Respondents.

IN THE MATTER OF CONDEMNATION OF REAL PROPERTY

LOCATED IN THE CITY OF INVER GROVE HEIGHTS,

COUNTY OF DAKOTA, MINNESOTA, AS REQUIRED FOR THE 

HERITAGE VILLAGE PARK PROJECT. 

TO THE ABOVE NAMED COURT: 

Petitioner respectfully represents and states to the Court:

I. 

That Petitioner is a city duly organized, created and existing under and by virtue of the laws of the State of Minnesota and is located in Dakota County, Minnesota.

II. 

That Petitioner is a statutory city pursuant to Minnesota Statutes, Chapter 412, and derives its authority pursuant to Minnesota Statutes, Chapters 117, 412, and 465 to acquire by condemnation any and all land or property and any rights required for public park purposes. Petitioner further derives its authority pursuant to Minnesota Statutes, Chapters 117, 412, and 465 to construct a public park on land acquired by condemnation for such purpose. 

III. 

That in the exercise of its governmental powers as a statutory city and as a political subdivision of the State of Minnesota, Petitioner desires to acquire fee title to certain real property necessary for public purposes to construct Heritage Village Park (the “Project.”) The Project includes the construction of various park-related amenities and access to the Park on the properties (the “Parcels”) sought to be acquired by condemnation.

IV. 

That Minnesota Statutes § 117.042 provides Petitioner with the authority to gain title to and possession to fee title to the Parcels following a 90-day notice period. This statute is commonly referred to as the “quick take” statute. If a condemning authority does not utilize the “quick take” statute, the title and right of possession to fee title to the Parcels would only transfer to Petitioner following the settlement of each parcel valuation case which can extend over a multi-year period. Petitioner is the recipient of a Recreation Open Space Development Grant from the Metropolitan Council (the “Council Grant”) in the amount of one million five hundred thousand dollars ($1,500,000.00) to be used to pay for the acquisition of the Parcels and construction of portions of Heritage Village Park itself. Pursuant to the terms of the General Obligation Bond Proceeds Grant Agreement SG-04273 between the City and the Metropolitan Council (the “Grant Agreement”) for the Council Grant, the City is required to obtain ownership of the Parcels no later than December 31, 2018, or the Council Grant funds will no longer be available to the City to pay for the acquisition costs of the Parcels and construction of portions of Heritage Village Park itself. If the “quick take” statute is not utilized, the City will be unable to use the grant funds from the Council Grant to pay for the acquisition costs for the Parcels as well as a portion of the construction costs for the Project before expiration of the Council Grant. The 90-day “quick take” procedure must be utilized: a) to allow the City to utilize available Grant Funds to pay for the property acquisitions necessary for the Project, b) to meet the Project schedule, and c) to coordinate the Project

V. 

The City Council of the City of Inver Grove Heights has duly adopted Resolution No. 2018-72 determining that it is necessary to acquire fee title to the Parcels described in EXHIBIT A attached hereto and made a part hereof, pursuant to Minnesota Statutes, § 117.042 (the “quick take” statute). Said Resolution also approved the Petitioner’s appraised values of the Parcels described in the attached EXHIBIT A.

VI. 

That it is the intention of Petitioner to proceed under Minnesota Statutes, Chapter 117, to take title and possession of the Parcels required for the Project pursuant to the “quick take” provision of Minnesota Statutes, § 117.042.

VII. 

That Petitioner was assisted by its property acquisition consultant for the direct purchase of the Parcels required for the Project. Petitioner has been unable to negotiate a direct purchase settlement and complete a closing on the sale of the Parcels shown in the attached EXHIBIT A. 

In 2006, the State of Minnesota enacted various eminent domain reforms including an amendment to Minn. Stat. § 117.036 which: a) requires Petitioner to provide the property owner with a copy of the Petitioner’s appraisal and inform the property owner of the right to obtain an appraisal and receive reimbursement of appraisal costs pursuant to § 117.036, b) requires reimbursement of a property owner’s appraisal costs up to $1,500 for single family and two-family residential property and minimum damage acquisitions (i.e. appraised damages of $10,000 or less) and $5,000 for other types of property, and c) requires good faith negotiations which include a good faith attempt to negotiate personally with the property owner. Petitioner has complied with the statutory appraisal copy disclosure, notice of property owner appraisal rights, appraisal cost reimbursement, and good faith negotiation requirements of Minn. Stat. §117.036.

VIII. 

That the acquisition of property rights by a municipality utilizing its power of eminent domain is commonly referred to as a “taking” (as referenced below in Minn. Stat. §117.055). Please note, however, that the municipality must also pay just compensation for the “taking” of the property rights for a public use or purpose. 

Minn. Stat. §117.055, subd. 2(b) specifically states that: 

(1) a party wishing to challenge the public use or public purposes, necessity, or authority for a taking must appear at the court hearing and state the objection or must appeal within 60 days of a court order; and 

(2) the court order approving the public use or public purpose, necessity, and authority for the taking is final unless an appeal is brought within 60 days after service of the order on the party.

IX. 

That the Parcels to be taken herein by eminent domain proceedings are in the City of Inver Grove Heights, Dakota County, Minnesota and described in the attached EXHIBIT A. The names of all persons appearing of record or known to your Petitioner to be the owners of the lands or claiming interest thereon are also stated in the attached EXHIBIT A.

X. 

Petitioner reserves the right to recover costs of testing and cleanup and all other damages resulting from the presence of pollutants, contaminants or hazardous materials on the Parcels described in the Petition from all responsible parties in a separate legal action. Petitioner further requests that if tests or evaluations undertaken by or on behalf of Petitioner indicate the presence of pollutants, contaminants or hazardous materials on said Parcels, the condemnation commission awards be conditioned on the right of Petitioner to bring a separate legal action to recover cleanup and testing costs and other recoverable damages. 

WHEREFORE, Petitioner prays: 

(a) that such proceedings may be had herein provided by law; 

(b) that it be adjudged that the taking by eminent domain proceedings is necessary and authorized by law; 

(c) that the purpose for which the Parcels are proposed to be taken is for a public project and for public use; 

(d) that transfer of title and possession of the Parcels be ordered pursuant to Minnesota Statutes, § 117.042; 

(e) that the acquisition of the Parcels is forever and shall include fee title to the Parcels; 

(f) that three competent and impartial persons be appointed as commissioners to ascertain and report the amount of damages that will be sustained by the several owners or persons interested as a result of the above described taking; 

(g) that the time and place of the first meeting and the compensation of the said commissioners be fixed; 

(h) that Petitioner be reserved the right to recover costs of testing and cleanup and all other damages resulting from the presence of pollutants, contaminants or hazardous materials on the property described in this Petition, from all responsible parties in a separate legal action. Further, should tests or evaluations undertaken by or on behalf of Petitioner indicate the presence of pollutants, contaminants or hazardous materials on said Parcels, requiring that the condemnation commission awards be conditioned on the right of Petitioner to bring a separate legal action to recover cleanup and testing costs and other recoverable damages; and 

(i) that such further and other orders be made herein pursuant to Minnesota Statutes, Chapter 117, and provided in such case. 

Dated: May 4, 2018

LeVANDER, GILLEN & MILLER, P.A.

/s/ Bridget M. Nason

Timothy J. Kuntz, Lic. No. 58993

Jay P. Karlovich, Lic. No. 247650

Bridget M. Nason Lic. No. 0347322

633 South Concord Street, Suite 400

South St. Paul, MN 55075

(651) 451-1831

Attorneys for Petitioner

ACKNOWLEDGMENT 

The party above-named represented by the undersigned, hereby acknowledges that sanctions may be imposed pursuant to Minnesota Statutes, § 549.211.

/s/ Bridget M. Nason

(South-West Reveiw: May 20, 27, June 3, 2018 )

____

STATE OF MINNESOTA

COUNTY OF DAKOTA

DISTRICT COURT

FIRST JUDICIAL DISTRICT

COURT FILE No. 19HA-CV-18-2010

Case Type: Condemnation

NOTICE OF OBJECTS OF THE PETITION, NOTICE OF CONDEMNATION HEARING, AND NOTICE OF 

MOTION AND MOTION ORDERING TRANSFER OF 

TITLE AND POSSESSION 

City of Inver Grove Heights, a Minnesota municipal corporation, 

v. 

Albert J. Kramer, a single person; Lois K. Kramer and Scott D. Kramer, wife and husband; Heartland Credit Union, a corporation organized and existing under the laws of the State of Minnesota; State of Minnesota; County of Dakota; Timothy A. Hay, a single person; Todd A. Hay and Lynda Hay, husband and wife; Walser Real Estate III, LLC, a Minnesota limited liability company; Bank of America, a National Association, a foreign trust association, and all other parties unknown having any right, title or interest in the real property described in Petitioner’s Petition, together with the unknown heirs or devisees, if any, of the parties that may be deceased and including unknown spouses, if any, and all others claiming any interest in the property described in Petitioner’s Petition, 

Respondents.

IN THE MATTER OF CONDEMNATION OF REAL PROPERTY

LOCATED IN THE CITY OF INVER GROVE HEIGHTS,

COUNTY OF DAKOTA, MINNESOTA, AS REQUIRED FOR THE 

HERITAGE VILLAGE PARK PROJECT 

TO: THE DISTRICT COURT ADMINISTRATOR AND ALL PARTIES IDENTIFIED ON THE ATTACHED EXHIBIT A AS HAVING ANY RIGHT TITLE OR INTEREST IN THE PROPERTY DESCRIBED THEREIN AND ALL OTHERS CLAIMING ANY INTEREST IN SAID PROPERTY (“Respondents”). 

YOU WILL PLEASE TAKE NOTICE that, pursuant to Minn. Stat. § 117.055, you are hereby notified that the objects of Petitioner’s Petition in condemnation are fully stated in the “Petition” that is being served and published contemporaneously with this Notice of the Objects of the Petition. The objective of the Petition is to secure a court order approving Petitioner’s requested acquisition of fee title to certain property necessary for public purposes to facilitate the construction of a City park known as Heritage Village Park (the “Project”). 

The parcels that are sought to be acquired by the Petitioner are legally described in the attached EXHIBIT A, together with the names of all persons appearing of record or known to Petitioner to be owners of said real property interests, including all of whom Petitioner has been able by investigation and due inquiry to discover, together with the nature of the ownership as nearly as can be ascertained. 

The acquisition of property rights by a municipality utilizing its power of eminent domain is commonly referred to as a “taking” (as referenced below in Minn. Stat. § 117.055). Please note, however, that the municipality must also pay just compensation for the “taking” of the property rights for a public use or public purpose. 

Minn. Stat. § 117.055, Subd. 2 (b) specifically states that: 

(1) a party wishing to challenge the public use or public purposes, necessity, or authority for a taking must appear at the court hearing and state the objection or must appeal within 60 days of a court order; and 

(2) a court order approving the public use or public purpose, necessity, and authority for the taking is final unless an appeal is brought within 60 days after service of the order on the party. 

YOU, AND EACH OF YOU, ARE FURTHER NOTIFIED that on Thursday, August 23, 2018 at 9:00 a.m., or as soon thereafter as counsel can be heard, at a Special Term of the District Court of the County of Dakota, Judicial Center, 1560 West Highway 55, Hastings, Minnesota 55033, Petitioner, City of Inver Grove Heights, will present its Petition for the condemnation of certain property situated in Dakota County, Minnesota, for the purpose of acquiring fee title to parcels described in its Petition (the “Parcels”), on file in the office of the District Court Administrator of the above-named Court, and in its Notice of Intent to Take Title and Possession, which has been served upon Respondents. The transfer of fee title to the Parcels will be effective as indicated in the Court’s order transferring title and possession to the Petitioner. 

YOU, AND EACH OF YOU, ARE FURTHER NOTIFIED that at the above time and place, Petitioner will also move the Court for an Order transferring title and right of possession of the Parcels described in the attached EXHIBIT A to Petitioner. The motion will be made on all files and records herein and under authority of Minn. Stat. § 117.042, as amended, which provides for such Order upon deposit with the Court or payment to Respondents of an amount equal to Petitioner’s approved appraisal of value for the fee title to the Parcels. The deposit of the amount for the benefit of those entitled by law to damages will be made to Respondents on or before the date of transfer of title and possession pursuant to this motion. 

The Petitioner further prays for the appointment by the Court of three disinterested commissioners to ascertain and report the damages for the Parcels to be taken and acquired for the above-stated purpose and the injuries caused by such taking. 

The Petitioner reserves the right to recover costs of cleanup and testing and all other damages resulting from the presence of pollutants, contaminants or hazardous materials on the property described in the Petition from all responsible parties in a separate legal action. In the event that tests or evaluations undertaken by or on behalf of Petitioner indicate the presence of pollution, contamination or hazardous materials on said properties, the Petitioner further reserves the right to condition the condemnation commission awards on the right of Petitioner to bring a separate legal action to recover testing, cleanup, costs and all other recoverable damages. 

Dated: May 11, 2018

LeVANDER, GILLEN & MILLER, P.A.

/s/ Bridget M. Nason

Timothy J. Kuntz, Lic. No. 58993

Jay P. Karlovich, Lic. No. 247650

Bridget M. Nason Lic. No. 0347322

633 South Concord Street, Suite 400

South St. Paul, MN 55075

(651) 451-1831

Attorneys for Petitioner

ACKNOWLEDGMENT 

The party above-named represented by the undersigned, hereby acknowledges that sanctions may be imposed pursuant to Minnesota Statutes, § 549.211.

/s/ Bridget M. Nason

(South-West Reveiw: May 20, 27, June 3, 2018 )

____7EXHIBIT AParcel 1 (“Kramer”)InterestNameAddress and Telephone NumberFee OwnerAlbert J. Kramer, a single personAlbert J. Kramer4301 64th St. EastInver Grove Heights, MN 55076MortgageLois K. Kramer and Scott D. Kramer, wife and husbandLois K. Kramer4301 64th St. EastInver Grove Heights, MN 55076Scott D. Kramer4301 64th St. EastInver Grove Heights, MN 55076MortgageHeartland Credit Union, a corporation organized and existing under the laws of the State of MinnesotaHeartland Credit Union5500 South Robert TrailInver Grove Heights, MN 55077Mineral InterestState of MinnesotaState of MinnesotaMinnesota Attorney General445 Minnesota Street, Suite 1400St. Paul, MN 55101Property TaxesCounty of DakotaCounty of Dakotac/o Joel T. BeckmanDakota County Treasurer/Auditor1590 Highway 55Hastings, MN 55033Possible Unknown Real Property Interest OwnersAll other parties unknown having any right, title or interest in the real property described below, together with the unknown heirs or devisees, if any, of the parties that may be deceased and including unknown spouses, if any, andall others claiming any interest in the property described below.8Parcel 1 (“Kramer”) -PID: 20-36500-31-070LEGAL DESCRIPTION OF LANDOWNER’S PROPERTYLots 6 and 7, Block 31, Inver Grove Factory Addition, Dakota County, Minnesota.Abstract Property.9Parcel 2 (“Hay”)InterestNameAddress and Telephone NumberFee OwnerTimothy A. Hay, a single personTimothy A. Hay1803 Ivy Ave E.St. Paul, MN 55119Fee OwnerTodd A. Hay and Lynda Hay, husband and wifeTodd A. Hay10860 Pawnee Ave NStillwater, MN 55082Lynda Hay10860 Pawnee Ave NStillwater, MN 55082Mineral InterestState of MinnesotaState of MinnesotaMinnesota Attorney General445 Minnesota Street, Suite 1400St. Paul, MN 55101Property TaxesCounty of DakotaCounty of Dakotac/o Joel T. BeckmanDakota County Treasurer/Auditor1590 Highway 55Hastings, MN 55033Possible Unknown Real Property Interest OwnersAll other parties unknown having any right, title or interest in the real property described below, together with the unknown heirs or devisees, if any, of the parties that may be deceased and including unknown spouses, if any, and all others claiming any interest in the property described below.5EXHIBIT AParcel 1(“Kramer”)InterestNameAddress and Telephone NumberFee OwnerAlbert J. Kramer, a single personAlbert J. Kramer4301 64thSt. EastInver Grove Heights, MN 55076MortgageLois K. Kramer and Scott D. Kramer, wife and husbandLois K. Kramer4301 64th St. EastInver Grove Heights, MN 55076Scott D. Kramer4301 64th St. EastInver Grove Heights, MN 55076MortgageHeartland Credit Union,acorporation organized and existing under the laws of the State of MinnesotaHeartland Credit Union5500 South Robert TrailInver Grove Heights, MN 55077Mineral InterestState of MinnesotaState of MinnesotaMinnesota Attorney General445 Minnesota Street, Suite 1400St. Paul, MN 55101Property TaxesCounty of DakotaCounty of Dakotac/o Joel T. BeckmanDakota County Treasurer/Auditor1590 Highway 55Hastings, MN 55033Possible Unknown Real Property Interest OwnersAll other partiesunknown having any right, title or interest in the real property described below, together with the unknown heirs or devisees, if any, of the parties that may be deceased and including unknown spouses, if any, and all others claiming any interest in the property described below.10Parcel 2 (“Hay”) -PID20-36500-31-050LEGAL DESCRIPTION OF LANDOWNER’S PROPERTYLots 1, 2, 3, 4 and 5, Block 31, Inver Grove Factory Addition, Dakota County, Minnesota.Abstract Property.11Parcel 3 (“Walser Real Estate III, LLC”)InterestNameAddress and Telephone NumberFee OwnerWalser Real Estate III, LLC, a Minnesota limited liability companyWalser Real Estate III, LLCAttn: Paul Walser, Manager7700 France Ave #410NEdina, MN 55435MortgageBank of America, National Association, a foreign trust associationBank of Americac/o C T Corporation SystemVivian Imperial818 W. Seventh Street, Suite 930Los Angeles, CA 90017Property TaxesCounty of DakotaCountyof Dakotac/o Joel T. BeckmanDakota County Treasurer/Auditor1590 Highway 55Hastings, MN 55033Possible Unknown Real Property Interest OwnersAll other parties unknown having any right, title or interest in the real property described below, togetherwith the unknown heirs or devisees, if any, of the parties that may be deceased and including unknown spouses, if any, and all others claiming any interest in the property described below.6Parcel 1(“Kramer”) -PID: 20-36500-31-070LEGAL DESCRIPTION OF LANDOWNER’S PROPERTYLots 6 and 7, Block 31, Inver Grove Factory Addition, Dakota County, Minnesota.Abstract Property.7Parcel 2(“Hay”)InterestNameAddress and Telephone NumberFee OwnerTimothy A. Hay, a single personTimothy A. Hay1803 Ivy Ave E.St. Paul, MN 55119Fee OwnerTodd A. Hay and Lynda Hay, husband and wifeTodd A. Hay10860 Pawnee Ave NStillwater, MN 55082Lynda Hay10860Pawnee Ave NStillwater, MN 55082Mineral InterestState of MinnesotaState of MinnesotaMinnesota Attorney General445 Minnesota Street, Suite 1400St. Paul, MN 55101Property TaxesCounty of DakotaCounty of Dakotac/o Joel T. BeckmanDakota CountyTreasurer/Auditor1590 Highway 55Hastings, MN 55033Possible Unknown Real Property Interest OwnersAll other parties unknown having any right, title or interest in the real property described below, together with the unknown heirs or devisees, if any, of the parties that may be deceased and including unknown spouses, if any, and all others claiming any interest in the property described below.12Parcel 3 (“Walser Real Estate III, LLC”) –PID: 20-36500-32-070LEGAL DESCRIPTION OF LANDOWNER’S PROPERTYLots 5, 6 and 7, Block 32, Inver Grove Factory Addition, Dakota County, Minnesota.Abstract Property.8Parcel 2(“Hay”) -PID20-36500-31-050LEGAL DESCRIPTION OF LANDOWNER’S PROPERTYLots 1, 2, 3, 4 and 5, Block 31, Inver Grove Factory Addition, Dakota County, Minnesota.Abstract Property.9Parcel 3(“Walser Real Estate III, LLC”)InterestNameAddress and Telephone NumberFee OwnerWalser Real Estate III, LLC, a Minnesota limited liability companyWalser Real Estate III, LLCAttn: Paul Walser, Manager7700 France Ave #410NEdina, MN 55435MortgageBank of America, National Association, a foreign trust associationBank of Americac/o C T Corporation SystemVivian Imperial818 W.Seventh Street, Suite 930Los Angeles, CA 90017Property TaxesCounty of DakotaCounty of Dakotac/o Joel T. BeckmanDakota County Treasurer/Auditor1590 Highway 55Hastings, MN 55033Possible Unknown Real Property Interest OwnersAll other parties unknown having any right, title or interest in the real property described below, together with the unknown heirs or devisees, if any, of the parties that may be deceased and including unknown spouses, if any, and all others claiming any interest in the property described below.3(“Walser Real Estate III, LLC”) –PID: 20-36500-32-070LEGAL DESCRIPTION OF LANDOWNER’S PROPERTYLots 5, 6 and 7, Block 32, Inver Grove Factory Addition, Dakota County, Minnesota.Abstract Property.

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