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Public Notices for the week of 4/15/13, continued

By Staff | Apr 14, 2013

and correct and in compliance with the applicable chapter of Minnesota Statues. 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: March 21, 2013

/s/ Nadine Sanders,

Sole Proprietor

April 8,15, 2013

____________________________

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 the following described mortgage:

DATE OF MORTGAGE: 09/23/2008

MORTGAGOR(S): Wade R. Dontje, a single person.

MORTGAGEE: Wells Fargo Bank, N.A.

Transaction Agent: N/A

Transaction Agent Mortgage ID No: n/a

Lender or Broker: Wells Fargo Bank, N.A.

Servicer: US Bank Home Mortgage

Mortgage Originator: Wells Fargo Bank, N.A.

DATE AND PLACE OF RECORDING: Recorded September 25, 2008, Faribault County Recorder, Document No. 345587.

ASSIGNMENTS OF MORTGAGE: Assigned to: Minnesota Housing Finance Agency Dated: September 23, 2008, Recorded September 25, 2008, Faribault County Recorder, Document No. 345588.

LEGAL DESCRIPTION OF PROPERTY: A tract commencing 80 feet West of the Northeast corner of Lot Ten (10) in Block Nine (9) in Dow and Bowen’s Addition to Blue Earth City (now City of Blue Earth), Faribault County, Minnesota, thence South 98 feet, thence West to west line of Lot Nine (9) in said Block Nine (9) aforesaid, thence North 98 feet to Northwest corner of said Lot Ten (10), thence East to point of beginning.

REGISTERED PROPERTY: No

TAX PARCEL NO.: 212720890

ADDRESS OF PROPERTY:

211 W 9th St

Blue Earth, MN 56013

COUNTY IN WHICH PROPERTY IS LOCATED: Faribault

ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $57,997.00

AMOUNT DUE AND CLAIMED TO BE DUE AS OF DATE OF NOTICE, INCLUDING TAXES, IF ANY, PAID BY MORTGAGEE: $56,353.00

That prior to the commencement of this mortgage foreclosure proceeding Mortgagee/ Assignee of Mortgagee complied with all notice requirements as required by statute; that no action or proceeding has been instituted at law or otherwise to recover the debt secured by said mortgage, or any part thereof;

PURSUANT to the power of sale contained in said mortgage, the above described property will be sold by the Sheriff of said county as follows:

DATE AND TIME OF SALE: Wednesday, May 29, 2013, 10:00 a.m.

PLACE OF SALE: 320 Dr. H. Russ Street, City of Blue Earth, MN

to pay the debt then secured by said Mortgage, and taxes, if any, on said premises, and the costs and disbursements, including attorneys’ fees allowed by law subject to redemption within 6 months from the date of said sale by the mortgagor(s), their personal representatives or assigns.

DATE TO VACATE PROPERTY: The date on or before which the mortgagor must vacate the property if the mortgage is not reinstated under Minnesota Statutes section 580.30 or the property redeemed under Minnesota Statutes section 580.23 is 11/29/2013 at 11:59 p.m. 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.

MORTGAGOR(S) RELEASED FROM FINANCIAL OBLIGATION ON 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: March 27, 2013

Minnesota Housing Finance Agency

Assignee of Mortgagee

Peterson, Fram & Bergman, P.A.

By: Michael T. Oberle

Attorneys for:

Minnesota Housing Finance Agency

Assignee of Mortgagee

55 E. 5th St., Suite 800

St. Paul, MN 55101

(651) 209-7599

THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.

16205-130071

April 8, 15, 22, 29,

May 6, 13, 2013

____________________________

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 the following described mortgage:

DATE OF MORTGAGE: February 23, 2006

ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $110,400.00

MORTGAGOR(S): Marcus H. Elvebak and Stacey L. Elvebak, Husband and Wife

MORTGAGEE: Mortgage Electronic Registration Systems, Inc.

TRANSACTION AGENT: Mortgage Electronic Registration Systems, Inc.

MIN#: 100386100002084515

LENDER OR BROKER AND MORTGAGE ORIGINATOR STATED ON THE MORTGAGE: Bear Stearns Residential Mortgage

SERVICER: JPMorgan Chase Bank, N.A.

DATE AND PLACE OF FILING: Filed March 22, 2006, Faribault County Recorder, as Document Number 335564

ASSIGNMENTS OF MORTGAGE: Assigned to: CitiBank, N.A., as Trustee for Bear Stearns Asset Backed Securities I Trust 2006-HE4, Asset Backed-Certificates, Series 2006-HE4; Dated: November 9, 2012 filed: November 15, 2012, recorded as document number 360144

LEGAL DESCRIPTION OF PROPERTY: Lot Seven (7) in Block Two (2) in Roalstad’s Addition to the Village of Kiester

PROPERTY ADDRESS: 108 N. 8th Street, Kiester, MN 56051

PROPERTY IDENTIFICATION NUMBER: 27.548.0270

COUNTY IN WHICH PROPERTY IS LOCATED: Faribault

THE AMOUNT CLAIMED TO BE DUE ON THE MORTGAGE ON THE DATE OF THE NOTICE: $118,662.05

THAT all pre-foreclosure requirements have been complied with; that no action or proceeding has been instituted at law or otherwise to recover the debt secured by said mortgage, or any part thereof;

PURSUANT, to the power of sale contained in said mortgage, the above described property will be sold by the Sheriff of said county as follows:

DATE AND TIME OF SALE: May 21, 2013, 10:00am

PLACE OF SALE: Sheriff’s Main Office, 320 Dr. H Russ Street, Blue Earth, MN 56013

to pay the debt secured by said mortgage and taxes, if any, on said premises and the costs and disbursements, including attorneys fees allowed by law, subject to redemption within 6 months from the date of said sale by the mortgagor(s) the personal representatives or assigns.

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 mortgagor(s) must vacate the property, if the mortgage is not reinstated under section 580.30 or the property is not redeemed under section 580.23, is 11:59 p.m. on November 21, 2013.

“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 5 UNITS, ARE NOT PROPERTY USED FOR AGRICULTURAL PRODUCTION, AND ARE ABANDONED.

Dated: March 27, 2013

Wilmington Trust, National Association, as Successor Trustee to Citibank, N.A.,

as Trustee for Bear Stearns Asset Backed Securities I Trust 2006-HE4,

Asset Backed Certificates,

Series 2006-HE4

Assignee of Mortgagee

SHAPIRO & ZIELKE, LLP

Lawrence P. Zielke – 152559

Diane F. Mach – 273788

Melissa L. B. Porter – 0337778

Ronald W. Spencer – 0104061

Stephanie O. Nelson – 0388918

Randolph W. Dawdy – 2160X

Gary J. Evers – 0134764

Attorneys for Mortgagee

12550 West Frontage Road, Ste. 200

Burnsville, MN 55337

(952) 831-4060

PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, YOU ARE ADVISED THAT THIS OFFICE IS DEEMED TO BE A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS NOTICE IS REQUIRED BY THE PROVISIONS OF THE FAIR DEBT COLLECTION PRACTICES ACT AND DOES NOT IMPLY THAT WE ARE ATTEMPTING TO COLLECT MONEY FROM ANYONE WHO HAS DISCHARGED THE DEBT UNDER THE BANKRUPTCY LAWS OF THE UNITED STATES.

April 8, 15, 22, 29,

May 6, 13, 2013

____________________________

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 the following described mortgage:

DATE OF MORTGAGE: April 20, 2005

ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $76,925.00

MORTGAGOR(S): Todd Heenan and Bridgette Heenan, husband and wife

MORTGAGEE: First Franklin a Division of Nat. City Bank of IN

LENDER OR BROKER AND MORTGAGE ORIGINATOR STATED ON THE MORTGAGE: First Franklin a Division of Nat. City Bank of IN

SERVICER: Bank of America, N.A.

DATE AND PLACE OF FILING: Filed April 26, 2005, Faribault County Recorder, as Document Number 331663

ASSIGNMENTS OF MORTGAGE: Assigned to: First Franklin Financial Corporation; Dated: July 28, 2005 filed: August 8, 2005, recorded as document number 332992; Thereafter assigned to U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, FOR THE HOLDERS OF THE FIRST FRANKLIN MORTGAGE LOAN TRUST, MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2005-FF7 dated January 10, 2013.

LEGAL DESCRIPTION OF PROPERTY: The South Half (S 1/2) of Lots One (1) and Two (2), in Block One (1) of Garretson’s Addition to the City of Blue Earth, Fairbault County, Minnesota, excepting therefrom the North Ten (10) feet of Lots One (1) and Two (2), the East Eighty (80) feet of Lot One (1), Block One (1) and the West Nineteen (19) feet of the South 141 feet of Lot Two (2) in Block One (1)

PROPERTY ADDRESS: 1017 E. 8th St, Blue Earth, MN 56013

PROPERTY IDENTIFICATION NUMBER: 21-325-0040

COUNTY IN WHICH PROPERTY IS LOCATED: Faribault

THE AMOUNT CLAIMED TO BE DUE ON THE MORTGAGE ON THE DATE OF THE NOTICE: $138,253.88

THAT all pre-foreclosure requirements have been complied with; that no action or proceeding has been instituted at law or otherwise to recover the debt secured by said mortgage, or any part thereof;

PURSUANT, to the power of sale contained in said mortgage, the above described property will be sold by the Sheriff of said county as follows:

DATE AND TIME OF SALE: May 24, 2013, 10:00am

PLACE OF SALE: Sheriff’s Main Office, 320 Dr. H Russ Street, Blue Earth, MN 56013

to pay the debt secured by said mortgage and taxes, if any, on said premises and the costs and disbursements, including attorneys fees allowed by law, subject to redemption within 6 months from the date of said sale by the mortgagor(s) the personal representatives or assigns.

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 mortgagor(s) must vacate the property, if the mortgage is not reinstated under section 580.30 or the property is not redeemed under section 580.23, is 11:59 p.m. on November 25, 2013.

“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 5 UNITS, ARE NOT PROPERTY USED FOR AGRICULTURAL PRODUCTION, AND ARE ABANDONED.

Dated: March 25, 2013

U.S. BANK NATIONAL

ASSOCIATION, AS TRUSTEE, FOR THE HOLDERS OF THE FIRST FRANKLIN

MORTGAGE LOAN TRUST, MORTGAGE LOAN ASSET-BACKED CERTIFICATES,

SERIES 2005-FF7

Assignee of Mortgagee

SHAPIRO & ZIELKE, LLP

Lawrence P. Zielke – 152559

Diane F. Mach – 273788

Melissa L. B. Porter – 0337778

Ronald W. Spencer – 0104061

Stephanie O. Nelson – 0388918

Randolph W. Dawdy – 2160X

Gary J. Evers – 0134764

Attorneys for Mortgagee

12550 West Frontage Road, Ste. 200

Burnsville, MN 55337

(952) 831-4060

PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, YOU ARE ADVISED THAT THIS OFFICE IS DEEMED TO BE A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS NOTICE IS REQUIRED BY THE PROVISIONS OF THE FAIR DEBT COLLECTION PRACTICES ACT AND DOES NOT IMPLY THAT WE ARE ATTEMPTING TO COLLECT MONEY FROM ANYONE WHO HAS DISCHARGED THE DEBT UNDER THE BANKRUPTCY LAWS OF THE UNITED STATES.

April 8, 15, 22, 29,

May 6, 13, 2013

____________________________

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 conditions of the following described mortgage:

DATE OF MORTGAGE: June 2, 2009

MORTGAGOR: Andrea L. Larson, single.

MORTGAGEE: Mortgage Electronic Registration Systems, Inc..

DATE AND PLACE OF RECORDING: Recorded June 10, 2009 Faribault County Recorder, Document No. 348128.

ASSIGNMENTS OF MORTGAGE: Assigned to: U.S. Bank National Association. Dated May 31, 2012 Recorded July 12, 2012, as Document No. 358850.

TRANSACTION AGENT: Mortgage Electronic Registration Systems, Inc.

TRANSACTION AGENT’S MORTGAGE IDENTIFICATION NUMBER ON MORTGAGE: 100021200000128420

LENDER OR BROKER AND MORTGAGE ORIGINATOR STATED ON MORTGAGE: U.S. Bank National Association

RESIDENTIAL MORTGAGE SERVICER: U.S. Bank Home Mortgage, a division of U.S. Bank National Association

MORTGAGED PROPERTY ADDRESS: 50163 200TH Street, Minnesota Lake, MN 56068

TAX PARCEL I.D. #: 130290401

LEGAL DESCRIPTION OF PROPERTY:

A tract beginning at a point on the South line of the Southwest Quarter (SW 1/4) of Section Twenty-nine (29) in Township One Hundred Four (104) North, Range Twenty-five (25) West of the Fifth Principal Meridian in the County of Faribault and State of Minnesota, which point is 500 feet East of the Southwest corner thereof; thence East 635 feet on the South line of said quarter section; thence North 535 feet, at a right angle, thence West 635 feet at a right angle; thence South 535 feet, at a right angle to the point of beginning, being part of the Southwest Quarter of the Southwest Quarter (SW1/4, SW1/4) of Section Twenty-nine (29), Township One Hundred Four (104) North, Range Twenty-five (25) West of the Fifth Principal Meridian and containing 7.5 acres more or less.

COUNTY IN WHICH PROPERTY IS LOCATED:Faribault

ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $92,819.00

AMOUNT DUE AND CLAIMED TO BE DUE AS OF DATE OF NOTICE, INCLUDING TAXES, IF ANY, PAID BY MORTGAGEE: $103,638.73

That prior to the commencement of this mortgage foreclosure proceeding Mortgagee/ Assignee of Mortgagee complied with all notice requirements as required by statute; That no action or proceeding has been instituted at law or otherwise to recover the debt secured by said mortgage, or any part thereof;

PURSUANT to the power of sale contained in said mortgage, the above described property will be sold by the Sheriff of said county as follows:

DATE AND TIME OF SALE: April 10, 2013 at 10:00 AM

PLACE OF SALE:Sheriff’s Office, Faribault County Jail, 320 Dr. H. Russ Street, Blue Earth, MN

to pay the debt then secured by said Mortgage, and taxes, if any, on said premises, and the costs and disbursements, including attorneys’ fees allowed by law subject to redemption within six (6) months from the date of said sale by the mortgagor(s), their personal representatives or assigns unless reduced to Five (5) weeks under MN Stat. 580.07.

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 mortgagor(s) must vacate the property if the mortgage is not reinstated under section 580.30 or the property is not redeemed under section 580.23 is 11:59 p.m. on October 10, 2013, unless that date falls on a weekend or legal holiday, in which case it is the next weekday, and unless the redemption period is reduced to 5 weeks under MN Stat. Secs. 580.07 or 582.032.

MORTGAGOR(S) RELEASED FROM FINANCIAL OBLIGATION ON 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: January 19, 2013

U.S. Bank National

Association

Mortgagee/

Assignee of Mortgagee

USSET, WEINGARDEN AND LIEBO, P.L.L.P.

Attorneys for Mortgagee/

Assignee of Mortgagee

4500 Park Glen Road #300

Minneapolis, MN 55416

(952) 925-6888

19-3541 FC1

THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.

*NOTICE OF POSTPONEMENT OF MORTGAGE

FORECLOSURE SALE

Pursuant to the provisions of Minnesota Statutes 580.07, the foregoing foreclosure sale is postponed until June 12, 2013 at 10:00 AM at the Sheriff’s Office, Faribault County Jail, 320 Dr. H. Russ Street, Blue Earth, MN, in said county and state.

Dated: April 8, 2013.

U.S. Bank National

Association

Mortgagee/

Assignee of Mortgagee

USSET, WEINGARDEN AND LIEBO, P.L.L.P.

Attorneys for Mortgagee/

Assignee of Mortgagee

4500 Park Glen Road #300

Minneapolis, MN 55416

(952) 925-6888

19-3541 FC1

THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.

April 15, 2013

____________________________

continued

Public Notices for the week of 4/15/13, continued

By Staff | Apr 14, 2013

ORDINANCE NO. 13-06

CITY OF BLUE EARTH

AN ORDINANCE TO CONVEY CERTAIN

REAL PROPERTY TO THE FARIBAULT COUNTY

AGRICULTURAL SOCIETY

The City Council of the City of Blue Earth do ordain as follows:

SECTION I

That the City of Blue Earth and the Faribault County Agricultural Society have agreed to a Simultaneous Trade Agreement whereby the City of Blue Earth would trade 3.161 acres of the “Fairgrounds” park (Tract “A”) subject to a retained right of first refusal in exchange for a 1.92 acre parcel known as the Green Giant Park (Tract “B”) and owned by the Faribault County Agricultural Society. Said tracts are hereby legally described as follows:

Tract “A” A tract of land in the Northeast Quarter of the Southwest Quarter of Section 8, Township 102 North, Range 27 West, in the City of Blue Earth, Faribault County, Minnesota described as follows:

Commencing at the Center of said Section 8; thence South 00 degrees 36 minutes 23 seconds East, along the east line of the Southwest Quarter of said Section 8, a distance of 407.45 feet to the point of beginning; thence continuing South 00 degrees 36 minutes 23 seconds East, along said east line, a distance of 265.00 feet; thence South 88 degrees 56 minutes 56 seconds West, a distance of 701.14 feet; thence North 04 degrees 54 minutes 52 seconds East, a distance of 123.82 feet; thence North 88 degrees 56 minutes 56 seconds East, a distance of 320.40 feet; thence North 00 degrees 35 minutes 42 seconds East, a distance of 101.88 feet; thence North 88 degrees 56 minutes 56 seconds East, a distance of 365.86 feet to the point of beginning. Said tract contains 3.161 acres of land.

Tract “B” A tract of land in Lots 1 and 2, Block One and the previously vacated street lying between Blocks One and Three of Fair Board Subdivision according to the plat thereof on file and of record in the office of the County Recorder in the City of Blue Earth, Faribault County, Minnesota described as follows:

Beginning at the Southeast corner of said Lot 2, thence South 88 degrees 55 minutes 06 seconds West, along the South line of said Lot 2, a distance of 151.23 feet to a circular curve, concave westerly and having a radius of 100.00 feet; thence northerly along said curve through a central angle of 33 degrees 55 minutes 51 seconds an arc length of 59.22 feet; thence North 42 degrees 40 minutes 25 seconds West, a distance of 44.17 feet to a circular curve, concave easterly and having a radius of 120.00 feet; thence northerly along said curve through a central angle of 41 degrees 35 minutes 32 seconds an arc length of 87.11 feet; thence North 01 degree 04 minutes 53 seconds West, a distance of 71.51 feet to a circular curve, concave westerly 31 degrees 40 minutes 42 seconds an arc length of 55.29 feet; thence North 32 degrees 45 minutes 35 seconds West, a distance of 42.67 feet to a circular curve concave northeasterly and having a radius of 120.00 feet; thence northwesterly along said circular curve through a central angle of 14 degrees 47 minutes 48 seconds an arc length of 30.99 feet; thence North 17 degrees 57 minutes 47 seconds West, a distance of 79.69 feet to a line lying parallel with and 298.70 feet south (measured at right angles) of the North line of said Lot 1; thence North 88 degrees 54 minutes 58 seconds East, along said line, a distance of 223.17 feet to the east line of said Lot 1; thence South 12 degrees 15 minutes 53 seconds East, along said east line and the east line of said Lot 2, a distance of 438.85 feet to the point of beginning. Said tract contains 1.92 acres of land.

SECTION II

That the City of Blue Earth finds that the two park parcels to be exchanged simultaneously are of equivalent and equal value and that all structures and fixtures currently attached to said tracts “A” and “B” are also to be transferred as part of the transaction.

SECTION III

That the City Council of the City of Blue Earth hereby authorizes the Mayor and the City Administrator to convey the above described Tract “A” subject to a retained right of first refusal to the Faribault County Agricultural Society in exchange for a conveyance of Tract “B” to the City of Blue Earth from said Faribault County Agricultural Society and further subject to a license for the sole purpose of temporary and removable seasonal baseball field fencing in favor of the City of Blue Earth only. Said license shall be non-transferable.

SECTION IV

That the City Council of the City of Blue Earth further hereby authorizes the implementation of a restrictive covenant prohibiting the placement of any permanent building or fence upon the following Tract “C.”

Tract “C.” A tract of land in the Northeast Quarter of the Southwest Quarter of Section 8, Township 102 North, Range 27 West in the City of Blue Earth, Faribault County, Minnesota described as follows:

Commencing at the center of said Section 8; thence South 00 degrees 36 minutes 23 seconds East along the east line of the Southwest Quarter of said Section 8, a distance of 367.45 feet to the point of beginning; thence continuing South 00 degrees 36 minutes 23 seconds East, along said east line, a distance of 40.00 feet; thence South 88 degrees 56 minutes 56 seconds West, a distance of 359.44 feet; thence North 00 degrees 36 minutes 23 seconds East a distance of 40.00 feet; thence North 88 degrees, 56 minutes 56 seconds East a distance of 359.44 feet to the point of beginning.

SECTION V

This Ordinance shall not be effective until thirty (30) days after its passage and publication.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BLUE EARTH ON THIS 10TH DAY OF APRIL, 2013

BY: Richard Scholtes,

Mayor

ATTEST: Kathy Bailey,

City Administrator

April 15, 2013

____________________________