Public Notices for the week of 9/28
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 22, 2007
ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $16,458.00
MORTGAGOR(S): Chad Kelly a/k/a Chad Warren Kelly and Tammy J. Kelly, married.
MORTGAGEE: Wells Fargo Bank, N.A.
DATE AND PLACE OF FILING: Recorded on May 7, 2007 as Document Number 340202 in the Office of the County Recorder of Faribault County, Minnesota.
ASSIGNMENTS OF MORTGAGE: Assigned to: Deutsche Bank National Trust Company, as Trustee for HSI Asset Securitization Corporation Trust, 2007-WF1, Mortgage Pass-Through Certificates, Series 2007-WF1 by assignment recorded on December 31, 2013 as Document Number 364268 in the Office of the County Recorder of Faribault County, Minnesota.
LEGAL DESCRIPTION OF PROPERTY: Lots One (1) and Two (2) in Block Eighty-five (85) and designated upon the Plat of Blue Earth City (now City of Blue Earth), Faribault County, Minnesota, EXCEPTING therefrom the South 49 feet of said Lots One (1) and Two (2).
STREET ADDRESS OF PROPERTY: 1030 6TH STREET EAST, BLUE EARTH, MN 56013
COUNTY IN WHICH PROPERTY IS LOCATED: Faribault County, Minnesota
THE AMOUNT CLAIMED TO BE DUE ON THE MORTGAGE ON THE DATE OF THE NOTICE: $16,425.98
TRANSACTION AGENT: None
NAME OF MORTGAGE ORIGINATOR (LENDER): Wells Fargo Bank, N.A.
RESIDENTIAL SERVICER: Wells Fargo Bank, N.A.
TAX PARCEL IDENTIFICATION NUMBER: 212008570
TRANSACTION AGENT’S MORTGAGE ID NUMBER (MERS NUMBER): None
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;
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: October 29, 2015 at 10:00 am
PLACE OF SALE: Faribault County Sheriff’s office, 320 Dr. H. Russ Street, Blue Earth, 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.
Unless said mortgage is reinstated or the property redeemed, or unless the time for redemption is reduced by judicial order, you must vacate the premises by 11:59 p.m. on April 29, 2016.
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: August 27, 2015
DEUTSCHE BANK NATIONAL TRUST COMPANY,
AS TRUSTEE FOR HSI ASSET SECURITIZATION CORPORATION TRUST, 2007-WF1, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-WF1
Mortgagee
SCHILLER & ADAM, P.A.
Rebecca F. Schiller, Esq.
Sarah J.B. Adam, Esq.
*N. Kibongni Fondungallah, Esq.*
Curt N. Trisko, Esq.
Samuel R. Coleman, Esq.
Attorneys for Mortgagee
The Academy Professional Building
25 North Dale Street
St. Paul, MN 55102
(651) 209-9760
(15-0986-FC01)
THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.
September 7, 14, 21, 28,
October 5, 12, 2015
____________________________
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: May 3, 2005
MORTGAGORS: Dawn M. Rozga and Joseph J. Rozga, wife and husband,
MORTGAGEE: Mortgage Electronic Registration Systems, Inc.
DATE AND PLACE OF RECORDING:
Recorded: May 13, 2005
Faribault County Recorder
Document #: 331842
ASSIGNMENTS OF MORTGAGE: Said mortgage was assigned to U.S. Bank National Association on September 22, 2014 and said assignment was recorded on October 20, 2014 and given document number 366586.
LEGAL DESCRIPTION OF PROPERTY: THE EAST HALF OF LOT TEN (10) AND THE EAST OF THE NORTH 35 FEET OF LOT NINE (9), BLOCK FOUR (4), AS DESIGNATED UPON THE PLAT OF PARK PLACE ADDITION TO THE VILLAGE (NOW CITY) OF WELLS, FARIBAULT COUNTY, MINNESOTA.
PARCEL ID #: 30.503.0690
PROPERTY ADDRESS: 460 NW 2nd Street, Wells, Minnesota 56097
Transaction Agent: Mortgage Electronic Registration Systems, Inc.
Transaction Agent Id No.: 100180100002160933
Current Mortgage Servicer: U.S. Bank National Association
NAME OF MORTGAGE ORIGINATOR (Lender): Encore Credit Corp.
COUNTY IN WHICH PROPERTY IS LOCATED: Faribault
ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $75,000.00
AMOUNT DUE AND CLAIMED TO BE DUE AS OF DATE OF NOTICE, INCLUDING TAXES, IF ANY PAID BY MORTGAGEE: $91,715.22
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 Mortgagors have been released from financial obligation on said Mortgage; that no action or proceeding has been instituted by law to recover that debt secured by said Mortgage, or any part thereof; that all conditions precedent to foreclose of the Mortgage and acceleration of the debt secures thereby have been fulfilled;
PURSUANT to the power of sale therein contained, said Mortgage will be foreclosed and the above described property will be sold by the Sheriff of said county as follows:
DATE AND TIME OF SALE: October 29, 2015 at 10:00 am
PLACE OF SALE: Faribault County Sheriff’s Office, 320 Dr. H. Russ Street, Blue Earth, MN 56013
to pay the debt the debt then secured by the 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 sale by the mortgagors, 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 of the property redeemed under Minnesota Statutes sections 580.23 is April 29, 2016 at 11:59 p.m. If the foregoing date is Saturday, Sunday, or a legal holiday, then the date to vacate is the next business day at 11:59 p.m.
MORTGAGORS 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.
THIS COMMUNICATION IS FROM A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Dated: August 29, 2015
U.S. Bank National
Association
Mortgagee
Kenneth J. Johnson
Minnesota State Bar No. 0246074
Johnson, Blumberg &
Associates, LLC
Attorney for Mortgagee
230 W. Monroe St., Ste. 1125
Chicago, IL 60606
Phone 312-541-9710
Fax 312-541-9711
September 7, 14, 21, 28,
October 5, 12, 2015
____________________________
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: June 19, 2006
ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $40,000.00
MORTGAGOR(S): Amanda F. Orozco and Hugo Alfonso Orozco, wife and husband
MORTGAGEE: Mortgage Electronic Registration Systems, Inc.
TRANSACTION AGENT: Mortgage Electronic Registration Systems, Inc.
MIN#: 100427500000067498
LENDER OR BROKER AND MORTGAGE ORIGINATOR STATED ON THE MORTGAGE: Primesource Funding
SERVICER: Nationstar Mortgage LLC
DATE AND PLACE OF FILING: Filed June 21, 2006, Faribault County Recorder, as Document Number 336730
ASSIGNMENTS OF MORTGAGE: Assigned to: Nationstar Mortgage LLC
LEGAL DESCRIPTION OF PROPERTY: Lots 1 and 2, in Block 9 in Clark W. Thompson’s Addition to the Village of Wells, Faribault County, Minnesota, excepting therefrom the East 56 feet thereof
PROPERTY ADDRESS: 390 West Franklin St, Wells, MN 56097
PROPERTY IDENTIFICATION NUMBER: 305861610
COUNTY IN WHICH PROPERTY IS LOCATED: Faribault
THE AMOUNT CLAIMED TO BE DUE ON THE MORTGAGE ON THE DATE OF THE NOTICE: $47,834.11
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: November 17, 2015, 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 May 17, 2016, or the next business day if May 17, 2016 falls on a Saturday, Sunday or legal holiday.
“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: September 14, 2015
Nationstar Mortgage LLC
Assignee of Mortgagee
SHAPIRO & ZIELKE, LLP
Lawrence P. Zielke – 152559
Diane F. Mach – 273788
Melissa L. B. Porter – 0337778
Randolph W. Dawdy – 2160X
Gary J. Evers – 0134764
Tracy J. Halliday – 034610X
Attorneys for Mortgagee
12550 West Frontage Road,
Ste. 200
Burnsville, MN 55337
(952) 831-4060
File No: 15-100989
THIS IS A COMMUNICATION FROM A DEBT COLLECTOR
September 21, 28,
October 5, 12, 19, 26, 2015
____________________________
STATE OF MINNESOTA
COUNTY OF FARIBAULT
DISTRICT COURT
FIFTH JUDICIAL DISTRICT
(Case Type: Other- Mortgage Foreclosure)
Court File No. 22-CV-14-254
NOTICE OF SHERIFF’S SALE
UNDER JUDGMENT
AND DECREE
U.S. Bank, National Association successor by merger to U.S. Bank National Association N.D.,
Plaintiff,
v.
John A. Gray, Jane Gray,
First Financial Bank in Winnebago,
J. Doe I-V and XYZ Co. I-V,
Defendants,
Notice is hereby given that under and by virtue of a judgment entered in the above-entitled action on October 28, 2014, a certified copy of which has been delivered to me directing sale of the property hereinafter described to satisfy the amount found and adjudged due to the Plaintiff in the above action from Defendants John A. Gray and Jane Gray, the Sheriff of Faribault County will sell at public auction, to the highest bidder for cash, on November 4, 2015, at 10:00 a.m., at the Sheriff’s Office, 320 Dr. H. Russ Street, Blue Earth, MN, in said state and county, the premises and real estate described in said judgment, being in Faribault County, Minnesota, to wit:
Real property in Faribault County, Minnesota, described as follows:
A tract of land in the North half of the Northwest quarter (N1/2-NW1/4) of section nineteen (19) in township one hundred three (103) north, range twenty-seven (27), West of the fifth principal meridian in the County of Faribault and State of Minnesota described as follows:
Commencing at the Northeast corner of the Northwest Quarter (NW1/4) of said section nineteen (19); thence South 90 degrees 00 minutes 00 seconds West (assumed bearing) along the North line of the Northwest quarter (NW1/4) of section nineteen (19) a distance of 1081.2 feet to the point of beginning; thence continuing South 90 degrees 00 minutes 00 seconds West along the North line of the Northwest quarter (NW1/4) a distance of 1021.26 feet; thence South 24 degrees 03 minutes 32 seconds East a distance of 470.91 feet; thence North 90 degrees 00 minutes 00 seconds East a distance of 829.28 feet; thence North 0 degrees 00 minutes 00 seconds East a distance of 430 feet to the point of beginning.
Said tract contains 9.134 acres including easement for public roadway right-of-way along the North line of the Northwest quarter of said section 19.
Property address: 37280 160th Street, Winnebago, MN 56098
Parcel I.D. No.: 15-019-0500
subject to redemption within six (6) months after confirmation of said sale.
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.
Date: September 11, 2015
MIKE GORMLEY
Sheriff of Faribault County
By: Mike Gormley,
Sheriff
Truman W. Schabilion,
I.D. #388018
STEIN & MOORE, P.A.
Attorneys for Plaintiff
332 Minnesota Street,
#W-1650
St. Paul, MN 55101
(651) 224-9683
File No.: 1810-3413
September 21, 28,
October 5, 12, 19, 26, 2015
____________________________
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: February 23, 2007
MORTGAGOR: Mark Bahls and Peggy Bahls, husband and wife.
MORTGAGEE: Agstar Financial Services FLCA.
DATE AND PLACE OF RECORDING: Recorded March 5, 2007 Faribault County Recorder, Document No. 339502.
ASSIGNMENTS OF MORTGAGE: Assigned to: ABN Amro Mtg Group, Inc. Dated February 23, 2007 Recorded March 5, 2007, as Document No. 339503. And thereafter assigned to: Green Tree Servicing LLC now known as Ditech Financial, LLC. Dated May 13, 2015 Recorded July 15, 2015, as Document No. 368789.
TRANSACTION AGENT: NONE
TRANSACTION AGENT’S MORTGAGE IDENTIFICATION NUMBER ON MORTGAGE: NONE
LENDER OR BROKER AND MORTGAGE ORIGINATOR STATED ON MORTGAGE: Agstar Financial Services FLCA
RESIDENTIAL MORTGAGE SERVICER: Ditech Financial, LLC f/k/a Green Tree Servicing LLC
MORTGAGED PROPERTY ADDRESS: 40694 30th Street, Elmore, MN 56027
TAX PARCEL I.D. #: 070270500
LEGAL DESCRIPTION OF PROPERTY: The tract commencing at the point 843 feet East of the Northwest corner of the NE1/4 of Sec. 27, T101N, R27W of the 5th P.M. in the county of Faribault and State of Minnesota; running thence South a distance of 1092.8 feet, thence East a distance of 332 feet; thence North a distance of 1092.8 feet to the North line of said Sec. 27, thence West a distance of 332 feet to the point of beginning. This conveyance is exempt from mortgage registration tax under the provisions of 12 U.S.C. 2098.
COUNTY IN WHICH PROPERTY IS LOCATED:Faribault
ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $120,000.00
AMOUNT DUE AND CLAIMED TO BE DUE AS OF DATE OF NOTICE, INCLUDING TAXES, IF ANY, PAID BY MORTGAGEE: $116,307.11
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: November 6, 2015 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 May 6, 2016, 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: September 2, 2015
Ditech Financial LLC, f/k/a Green Tree Servicing LLC
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
6 – 15-006297 FC
THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.
September 21, 28,
October 5, 12, 19, 26, 2015
____________________________
NOTICE OF MORTGAGE FORECLOSURE SALE
DATE: September 14, 2015
YOU ARE NOTIFIED that default has occurred in the conditions of the following described Mortgage:
INFORMATION REGARDING MORTGAGE TO BE
FORECLOSED
1. Date of Mortgage: June 30, 2009
2. Mortgagors: David D. Adams and Kim Adams
3. Mortgagees: Frost State Bank
4. Recording Information: Recorded on July 7, 2009, as Document Number 348415, in the Office of the County Recorder of Faribault County, Minnesota.
5. Assignments of Mortgage, if any: NONE.
INFORMATION REGARDING MORTGAGED PREMISES
6. Tax parcel identification number of the mortgaged premises: 21.586.0370
7. Legal description of the mortgaged premises: Lot Seven (7), in Block Four (4), Tanglewood Second Subdivision in the City of Blue Earth, Faribault County, Minnesota
8. The physical street address, city, and zip code of the mortgaged premises: 218 Tanglewood Lane, Blue Earth, MN, 56013.
OTHER FORECLOSURE DATA
9. The person holding the Mortgage is not a transaction agent, as defined by Minn. Stat. 58.02, subd. 30.
10. If stated on the Mortgage, the name of the mortgage originator, as defined in Minn. Stat. 58.02, is NONE
INFORMATION REGARDING FORECLOSURE
11. The requisites of Minn. Stat. 580.02 have been satisfied.
12. The original principal amount secured by the Mortgage was $106,000.00
13. At the date of this notice the amount due on the Mortgage, including taxes, if any, paid by the holder of the Mortgage, is: $98,850.04
14. Pursuant to the power of sale in the Mortgage, the Mortgage will be foreclosed, and the mortgaged premises will be sold by the Sheriff of Faribault County, Minnesota, at public auction on November 4, 2015, at 10:00 o’clock a.m., at the office of the Faribault County Sheriff, 320 Dr. H. Russ St., Blue Earth, MN 56013.
15. The time allowed by law for redemption by Mortgagors or Mortgagor’s personal representatives or assigns is SIX MONTHS after the date of sale.
16. Minn. Stat. 580.04(b) provides, “If the real estate is an owner-occupied, single-family dwelling, the notice must also specify the date on or before which the mortgagor must vacate the property if the mortgage is not reinstated under section 580.30 or the property redeemed under section 580.23.” If this statue applies, the time to vacate the property is 11:59 p.m. on May 4, 2016.
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.
Name of Mortgagee or
Mortgage Assignee:
Frost State Bank, Box 98, Frost, MN 56033
Name and address of
Attorney for Mortgagee or Mortgage Assignee:
James A. Wilson
Johnson, Berens & Wilson
Box 271
717 S. State St.
Fairmont , MN 56031
507-235-5544
September 21, 28,
October 5, 12, 19, 26, 2015
____________________________
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: May 29, 2003
ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $36,895.00
MORTGAGOR(S): Tracy D. Johnson and Kathleen J. Johnson, husband and wife
MORTGAGEE: 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.
DATE AND PLACE OF FILING: Recorded on June 2, 2003 as Document Number 322421 in the Office of the County Recorder of Faribault County, Minnesota.
ASSIGNMENTS OF MORTGAGE: Assigned to: None.
LEGAL DESCRIPTION OF PROPERTY: The South 37 1/2 feet of Lot Eight (8), all of Lot Nine (9) and the West 21 feet of the South 74 feet of Lot Ten (10), all in Block One (1) as designated upon the recorded Plat of the Village of Huntley, Faribault County, Minnesota.
STREET ADDRESS OF PROPERTY: 31513 169TH STREET, GRANADA, MN 56039
COUNTY IN WHICH PROPERTY IS LOCATED: Faribault County, Minnesota
THE AMOUNT CLAIMED TO BE DUE ON THE MORTGAGE ON THE DATE OF THE NOTICE: $30,494.07
TRANSACTION AGENT: None
NAME OF MORTGAGE ORIGINATOR (LENDER): 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.
RESIDENTIAL SERVICER: Wells Fargo Bank, N.A.
TAX PARCEL IDENTIFICATION NUMBER: 182000090
TRANSACTION AGENT’S MORTGAGE ID NUMBER (MERS NUMBER): None
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;
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: November 19, 2015 at 10:00 am
PLACE OF SALE: Faribault County Sheriff’s office, 320 Dr. H. Russ Street, Blue Earth, 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.
Unless said mortgage is reinstated or the property redeemed, or unless the time for redemption is reduced by judicial order, you must vacate the premises by 11:59 p.m. on May 19, 2016.
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: September 23, 2015
WELLS FARGO BANK, N.A.
Mortgagee
SCHILLER & ADAM, P.A.
Rebecca F. Schiller, Esq.
Sarah J.B. Adam, Esq.
N. Kibongni Fondungallah, Esq.
*Curt N. Trisko, Esq.*
Samuel R. Coleman, Esq.
Attorneys for Mortgagee
The Academy Professional Building
25 North Dale Street
St. Paul, MN 55102
(651) 209-9760
(15-1632-FC01)
THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.
September 28, October 5, 12, 19, 26, November 2, 2015
____________________________
NOTICE OF MORTGAGE FORECLOSURE SALE
NOTICE IS HEREBY GIVEN that default has occurred in the conditions of the following described mortgage:
DATE OF MORTGAGE: February 16, 2000
ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $25,200.00
MORTGAGOR(S): Keith R. Curtiss and Phyllis Curtiss. joint as husband and wife
MORTGAGEE: Wells Federal Bank
DATE AND PLACE OF RECORDING: Recorded: February 23, 2000 Faribault County Recorder
Document Number: 307170
LOAN MODIFICATION:
Dated: March 19, 2010
Recorded: March 23, 2010
Document Number: 350713
Transaction Agent: Not Applicable
Transaction Agent Mortgage Identification Number: Not Applicable
Lender or Broker: Wells Federal Bank
Residential Mortgage Servicer: Wells Federal Bank
Mortgage Originator: Not Applicable
COUNTY IN WHICH PROPERTY IS LOCATED: Faribault
Property Address: 8956 385th Ave, Blue Earth, MN 56013-5809
Tax Parcel ID Number: 020290100
LEGAL DESCRIPTION OF PROPERTY: A tract commencing at the quarter post on the north side of Section Twenty-nine (29) in Township One Hundred Two (102) North, of Range Twenty-seven (27), West of the Fifth Principal Meridian, in said County, running thence east 40 rods, thence south 20 rods, thence west 40 rods, and thence north 20 rods to the point of beginning
AMOUNT DUE AND CLAIMED TO BE DUE AS OF DATE OF NOTICE: $22,794.37
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: November 10, 2015 at 10:00 AM
PLACE OF SALE: 320 Dr. H. Russ St., 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 attorney 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.
If the Mortgage is not reinstated under Minn. Stat. 580.30 or the property is not redeemed under Minn. Stat. 580.23, the Mortgagor must vacate the property on or before 11:59 p.m. on May 10, 2016, or the next business day if May 10, 2016 falls on a Saturday, Sunday or legal holiday.
Mortgagor(s) released from financial obligation: NONE
THIS COMMUNICATION IS FROM A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
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.
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 25, 2015
MORTGAGEE: Wells Federal Bank formerly known as Wells Federal Bank,
a Federal Savings Bank
Wilford, Geske & Cook P.A.
Attorneys for Mortgagee
7616 Currell Blvd Ste 200
Woodbury, MN 55125-2296
(651) 209-3300
File Number: 034271F01
September 28, October 5, 12, 19, 26, November 2, 2015
____________________________
NOTICE OF PROPOSALS
PROPOSAL ACCEPTANCE CLOSES
October 21, 2015 at 4:00p.m.
Faribault Martin County Transit Board
Fairmont, Minnesota
Proposals for the project listed below will be received at the Faribault Martin County Transit Board Office, 201 Lake Avenue, Room 102, Fairmont, MN 56031, until 4:00 P.M., on October 21, 2015, at which time they will be opened and documented as received, cataloged for all required submittals and prepared for review. Proposal evaluations will begin immediately and may be considered by the Faribault Martin County Transit Board at their full board meeting in October. The Board reserves the right to review the proposals at a later date if necessary to allow for further consideration and proposer presentations prior to taking action.
REQUEST FOR PROPOSALS (RFP) TO OPERATE THE PRAIRIE LAKES TRANSIT (FARIBAULT MARTIN COUNTY TRANSIT BOARD)
NOTICE IS HEREBY GIVEN that sealed proposals will be received by the Faribault Martin County Transit Board Public Transit System, at the office of the Faribault Martin County Transit Board Director, at 201 Lake Avenue, Room 102, Fairmont, MN 56031, until 4:00 p.m. local time, on the 21th day of October 2015 for the operation of public transit services titled “Prairie Lakes Transit” from January 1, 2016 – December 31, 2017. This Request For Proposals has provisions for proposers to provide for costs associated with two – 1 year Option Years for services at the end of the initial 2 year contract (2018 and 2019). All proposals must provide for costs associated with each option year indicated. Option Years will be part of the evaluation process in selecting the successful proposal. The Faribault Martin County Transit Board intends to exercise those options after the contract is awarded.
The FTA is or will be providing federal assistance for this project in an estimated expected amount of $368,500; the Catalog of Federal Domestic Assistance (CFDA) number is 20.509. The Faribault Martin County Transit Board is a multiple county system consisting of the area within the County of Martin and the County of Faribault in the State of Minnesota, subsidized with state and federal public transit dollars, which utilizes small chassis cut-away buses to transport passengers.
The RFP documents and Proposal form may be obtained, at no cost, at the office of the Faribault Martin County Transit Board Director, at 201 Lake Avenue, Room 102, Fairmont, MN 56031. The contact person for all communication involving the RFP is:
Jeremy Monahan
Transit Director
Faribault Martin County
Transit Board
201 Lake Avenue Room 102
Fairmont, MN 56031
507-238-3128 (ph)
507-238-3136 (fax)
Other Martin and Faribault County’s personnel are not allowed to discuss the RFP with anyone, including potential responders, before the RFP submission deadline.
All proposals shall be sealed with the proposers name and address clearly identified on the outside of packet. The Faribault Martin County Transit Board does not require a proposal guaranty, cash deposit, and/or proposal bond.
Pursuant to Federal and State requirements, a Disadvantaged Business Enterprises (DBE) goal has been assigned for work under this RFP. The contract awarded under this RFP will include the following language, which the contractor must agree to:
“DISADVANTAGED BUSINESS ENTERPRISES CERTIFICATION: Our firm will meet a minimum goal of 14% of this contract to Disadvantaged Business Enterprises.”
An offeror who fails to indicate a specific goal above must fulfill the goals indicated in this proposal. Bidders are directed to read the Disadvantage Business Enterprise (DBE) Special Provisions in Attachment 3. The Disadvantage Business Enterprise Special Provisions explains how to comply with the DBE requirements. The documents that bidders must submit with their bid proposal are included in with the Bid Specifications document.
The Faribault Martin County Transit Board of Commissioners reserves the right to select the most advantageous offer by evaluation and comparing factors in addition to cost or price such that a recipient may acquire technical superiority even if it must pay a premium price. A “premium” is the difference between the price of the lowest priced proposal and the one that the recipient believes offers the best value.
Dated this 22nd day of September, 2015
By Order of The
Faribault Martin County Transit Board of
Commissioners
Jeremy V. Monahan
Transit Director
Sept. 28, October 5, 2015
____________________________
SECTION 00 1113
ADVERTISEMENT FOR BIDS
FARIBAULT COUNTY DITCH NO. 62 IMPROVEMENTS
FARIBAULT COUNTY DRAINAGE AUTHORITY
PRESCOTT TOWNSHIP FARIBAULT COUNTY,
MINNESOTA
ENGINEER PROJECT
NO. 14-16762
Sealed Bids for the construction of the Faribault County Ditch No. 62 Improvements project will be received by ISG, electronically through QuestCDN only until 2 p.m. local time on October 13, 2015, at which time the Bids received will be posted publicly online. The Project consists of constructing the following major quantities of Work:.
800 LF of 24-Inch Tile
4 Water Quality Intake Structures
800 LF of 12-Inch Tile
3 Woodchip Bioreactors and associated piping
4 Water Elevation/Diversion Control Structures
3 Water Elevation Control Structures
1 Stormwater Quality Unit
Re-grading and seeding of grassed swale
Bids will be received for a single prime Contract. Bids shall be on a unit price basis, with additive alternate bid items as indicated in the Bid Form.
Bidding Documents are only available for download online at Quest Construction Data Network, www.questcdn.com for a fee of $40.00. The QuestCDN eBidDoc number is 4109217. For assistance and free membership registration, contact QuestCDN at 952.233.1632 or info@questcdn.com.
The bidder shall electronically submit the proposal using QuestCDN as provided in the Bidding Documents, and according to the Instructions to Bidders prepared by the Engineer.
Bid security shall be furnished in accordance with the Instructions to Bidders.
By: Chuck Brandel
Title: Senior Civil Engineer
Engineer: ISG
507-387-6651
Sept. 28, October 5, 12, 2015
____________________________
PUBLIC NOTICE
Official Publication
Human Services of Faribault & Martin Counties has developed the Minnesota Family Investment Program (MFIP) Biennial Service Agreement for January 1, 2016 to December 31, 2017. Copies of the proposed Agreement are available for review by requesting a copy from Kathy Werner at 507-238-4757.
Questions and comments concerning the Biennial Service Agreement may be submitted in writing by October 15 to:
Kathy Werner,
Executive Director
Human Services of
Faribault & Martin Counties
115 West First Street
Fairmont MN 56031
September 28, 2015
____________________________
Notice of Hearing on
Assessment Revision for the Improvements of 2013 on
Highland Drive
Notice is hereby given that the council will meet at 5:00 p.m. on October 5, 2015 at the Public Safety Center meeting room at the intersection of Walnut and Seventh Streets to consider, revision of the final assessments for Improvement No. F17.105756. Adoption by the council of the proposed assessment may occur at the hearing. The updated proposed roll is on file with the City Clerk and open to public inspection.
The following is the area proposed to be assessed. Improvement No. F17.105756 Highland Drive.
The total amount to be assessed for the improvements is payable in annual installments over a period of 15 years. Written or oral objections will be considered at the hearing.
An owner of property to be assessed may appeal the assessment to the district court of Faribault County 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 Clerk.
No appeal may be taken as to the amount of any assessment adopted by the City Council unless a written objection signed by the affected property owner is filed with the Clerk prior to the assessment hearing or presented to the presiding officer at the hearing. All objections to the assessments not received at the assessment hearing in the manner prescribed by Minnesota Statutes, Section 429.061 are waived, unless the failure to object at the assessment hearing is due to a reasonable cause.
Under the provisions of Minnesota Statutes, Section 435.193 to 435.195, the City may, at its discretion, defer the payment of assessments for any homestead property owned by a person 65 years of age or older for whom it would be a hardship to make payments.
The mailed notice of this hearing to property owners contains additional information.
September 28, 2015
BY ORDER OF THE CITY COUNCIL
Richard Scholtes, Mayor
September 28, 2015
____________________________
ORDINANCE 15-9
CITY OF BLUE EARTH, MN
AN ORDINANCE TO
ESTABLISH A MUNICIPAL DUMPSTER UTILITY FOR THE CITY OF BLUE EARTH TO BE KNOWN AS
SECTION 740-
CITY DUMPSTER SERVICE
UTILITY IN THE
BLUE EARTH CITY CODE
The City Council of the City of Blue Earth does ordain as follows:
SECTION I
The City Council hereby establishes and adopts a new Section to the City Code to be called Section 740 – City Dumpster Service Utility which states the following:
SECTION 740 – CITY DUMPSTER SERVICE UTILITY
740.01 . Establishment.Pursuant to Minnesota Statutes 412.211 and 412.221, the City of the City of Blue Earth hereby establishes a public utility for the use of City owned garbage and refuse disposal containers, commonly known as dumpsters, by citizens of the City for the purposes of disposal of mixed solid waste within the City limits. The City Dumpster Service Utility shall be operated as a public utility pursuant to the City Charter, City Code and applicable statutes. All revenues therefrom shall be derived subject to the provisions of this Section.
740.02 Findings and Determination of Need.
Subd. I. The City Council of the City of Blue Earth finds that in order to promote the public health, safety and general welfare, the City is in need of an alternative method for disposal of mixed solid wastes by its residents that will allow for the disposal of said wastes by the use of a dumpster at no cost to residents in the City on a 1 time per year basis. This Section is adopted to fund such a dumpster service for its citizens. The City Council finds that such a utility is reasonable and comparable to the mixed solid waste disposal system operated by Faribault County, Minnesota for the townships surrounding the City of Blue Earth.
Subd. 2. This 1 time per year dumpster service shall be funded by a franchise fee which will allow for the recovery of present and future costs of maintaining and operating the Dumpster Service Utility through the imposition of said fee as provided for in this Section.
740.03 Establishment of a Fund. All fees collected for the Dumpster Service Utility shall be placed in a fund for Dumpster Service purposes. Revenues shall be used for the maintenance, operation and use needs of necessary facilities, equipment and labor for said Dumpster Service Utility.
740.04 Dumpster Service Fees. Income for the City Dumpster Service Utility account will be generated from a fixed monthly fee as set by resolution of the City Council from time to time billed to all residents who currently are billed for sanitary sewer usage. The Dumpster service fees shall be added to the current bill issued by the City’s Light and Water Department and shall be due and payable in the same fashion as current water and sewage usage charges.
740.05 Exemptions. The following land uses are exempt from the Dumpster Service Utility fees.
a. Public lands and right-of-way.
b. Undeveloped independent parcels not receiving water or sewer service.
c. Dedicated cemeteries.
SECTION II.
This Ordinance shall be effective thirty (30), days after its passage and publication.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BLUE EARTH ON THIS 21st DAY OF SEPTEMBER, 2015.
By: Richard Scholtes, Mayor
Attested: Timothy Ibisch,
City Administrator
(Seal)
September 28, 2015
____________________________
AMENDING ORDINANCE
NO. 15-10
AN ORDINANCE REGULATING SPECIAL VEHICLES WITHIN THE CITY OF
BLUE EARTH, MINNESOTA
THE CITY COUNCIL OF THE CITY OF BLUE EARTH,
MINNESOTA DOES DECREE:
Subdivision 1. Purpose and Intention
(1) The purpose of this chapter is to provide reasonable regulations for the use of special and recreational motor vehicles on public and, in conformance with private property, in the city.
(2) This chapter is not intended to allow what the Minnesota Statutes prohibit or to prohibit what the Minnesota Statutes expressly allow.
It is intended to ensure the public safety and prevent a public nuisance.
Subdivision 2. Special vehicles: motorized golf carts, all-terrain vehicles, and mini- trucks.
No person shall operate a motorized golf cart, all-terrain vehicle, or mini-truck on streets, alleys, sidewalks or other public property without obtaining a permit as provided herein.
(2) Every application for a permit shall be made on a form supplied by the city and shall contain all of the following information:
(a) The name and address of the applicant.
(b) The nature of the applicant’s physical handicap, if any.
(c) Model name, make, and year and number of the motorized golf cart, all-terrain vehicle, or mini-truck.
(d) Current driver’s license or reason for not having a current license.
(e) Other information as the city may require.
(3) The annual permit fee shall be as set forth in the Ordinance Establishing Fees and Charges adopted by the City Council, and that ordinance may be amended from time to time.
(4) Permits shall be granted for a period of one year and may be renewed annually Jan. 1 to Dec. 31.
(5) No permit shall be granted or renewed unless the following conditions are met:
(a) The applicant must demonstrate that he or she currently holds or has held a valid Minnesota driver’s license to operate a mini-truck.
(b) The applicant may be required to submit a certificate signed by a physician that the applicant is able to safely operate a motorized golf cart or all-terrain vehicle on the roadways designated.
(c) The applicant must provide evidence of insurance in compliance with the provisions of Minnesota Statutes concerning insurance coverage for the golf cart, all-terrain vehicle, or mini-truck.
(d) The applicant has not had his or her driver’s license revoked as the result of criminal proceedings.
(6) Motorized golf carts, all-terrain vehicles, and mini-trucks are permitted to operate only on city streets, not state or federal highways, except to cross at designated intersections.
(7) The operation of Motorized golf carts, all-terrain vehicles, and mini-trucks for recreational or commercial use upon the following public streets and upon the following areas within the corporate limits of the City of Blue Earth is prohibited:
1. County Highway 16.
2. U.S. Highway 169.
3. County Highway 6.
4. Main Street from the intersection of Main and 14th Street north to Fairgrounds Road.
5. 7th Street from the intersection of 7th Street and Nicollet east to East Street.
6. 5th Street and 6th Street from the intersection of said streets with Moore Street east to Gorman Street.
7. Fairgrounds Road from the intersection of Main Street and Fairgrounds Road east to East Street.
8. County Highway 103 and Faribault Drive in the North Industrial Park.
9. Industrial Drive from the intersection of Industrial Drive and Welk Drive east to Commerce Drive.
10. Welk Drive from the intersection of Welk Drive and County Highway 16 north to Industrial Drive.
11. Commerce Drive from the intersection of Commerce Drive and County Highway 16 north to Industrial Drive.
12. All land owned by the City of Blue Earth except that portion of the Fairgrounds lying within the Race Track area.
(8) Motorized golf carts and four-wheel, all-terrain vehicles, and utility task vehicles may only be operated on designated roadways from sunrise to sunset. They shall not be operated in inclement weather, except during emergency conditions as provided in the ordinance, or when visibility is impaired by weather, smoke, fog, or other conditions, or at any time when there is insufficient light visibility to clearly see persons and vehicles on the roadway at a distance of 500 feet.
(9) Motorized golf carts shall display the slow-moving vehicle emblem provided for in Minn. Stat. 169.045, as it may be amended from time to time, when operated on designated roadways.
(10) Motorized golf carts, all-terrain vehicles, and mini-trucks shall be equipped with a rear-view mirror to provide the driver with adequate vision from behind as required by Minn. Stat. 169.70.
(11) The operator of a motorized golf cart, all-terrain vehicle, or mini-truck may cross any street or highway intersecting a designated roadway.
(12) Every person operating a motorized golf cart, an all-terrain vehicle, or a mini-truck under permit on designated roadways has all the rights and duties applicable to the driver of any other vehicle under the provisions of Minn. Stat., ch. 169, as it may be amended from time to time, except when these provisions cannot reasonably be applied to motorized golf carts or mini-trucks and except as otherwise specifically provided in Minn. Stat. 169.045, as it may be amended from time to time.
(13) The City Council may suspend or revoke a permit granted hereunder upon a finding that the holder thereof has violated any of the provisions of this section or Minn. Stat., ch. 169, as it may be amended from time to time, or if there is evidence that the permit holder cannot safely operate the motorized golf cart, all-terrain vehicle, or mini-truck on the designated roadways.
(14) The number of occupants on the golf cart, all-terrain vehicle, or mini-truck may not exceed the design occupant load.
(15) Every person operating motorized golf carts and four-wheelers, all-terrain vehicles, and mini-trucks within the City of Blue Earth shall make a complete stop at all intersections of public streets and rights-of-way prior to entering the intersection, and shall not permit a traveling speed upon designated roadways in excess of fifteen miles per hour (15 mph). All vehicles registered for a permit with the City shall visibly display the permit issued by the City at all times in which the vehicle is in operation upon public streets and rights-of-way and other public properties. All vehicles operating under permit of this Section shall be operated in single file and not beside any other vehicle. No vehicle operating under permit of this Section shall tow another vehicle or conveyance unless it is attached with a trailer-hitch assembly. The City, after consulting with local law enforcement agents, may add permit-specific regulations upon any four-wheel all-terrain vehicle permit issued as necessary on a case-by-case basis. Such restrictions may be requested by any individual, but may only be implemented upon approval by the City Administrator.
For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DRIVER. The person driving and having physical control over the motorized golf cart, all-terrain vehicle, or mini-truck and being the licensee.
MOTORIZED GOLF CART. Any passenger conveyance being driven with three or four wheels with three or four low-pressure tires that is limited in engine displacement of less than 800 cubic centimeters and total dry weight less than 800 pounds.
MINI-TRUCK. As defined in Minn. Stat. 169.01, subd. 40(a), a motor vehicle that has four wheels; is propelled by an electric motor with a rated power of 7,500 watts or less or an internal combustion engine with a piston displacement capacity of 660 cubic centimeters or less; has a total dry weight of 900 to 2,200 pounds; contains an enclosed cabin and a seat for the vehicle operator; commonly resembles a pickup truck or van, including a cargo area or bed located at the rear of the vehicle; and was not originally manufactured to meet federal motor vehicle safety standards required of motor vehicles in the Code of Federal Regulations, title 49, sections 571.101 to 571.404, and successor requirements. A mini-truck does not include: a neighborhood electric vehicle or a medium-speed electric vehicle as defined by 73.11; or a motor vehicle that meets or exceeds the regulations in the Code of Federal Regulations, title 49, section 571.500, as it may be amended from time to time.
(C) Authorized city staff may operate city owned motorized golf carts and mini-trucks without obtaining a permit within the city on city streets, sidewalks, trails, rights-of-way, and public property when conducting city business.
(D) Mini-truck equipment requirements:
(1) A mini-truck may be operated under permit on designated roadways if it is equipped with all of the following:
(a) At least two headlamps.
(b) At least two tail lamps.
(c) Front and rear turn-signal lamps.
(d) An exterior mirror mounted on the driver’s side of the vehicle and either an exterior mirror mounted on the passenger’s side of the vehicle or an interior mirror.
(e) A windshield.
(f) A seat belt for the driver and front passenger.
(g) A parking brake.
SECTION 3. OPERATION OF ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES.
(A) ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE means a self-balancing device with two non-tandem wheels, designed to transport not more than one person, and operated by an electric propulsion system that limits the maximum speed of the device to 15 miles per hour.
(B) Except as otherwise provided by law, a person operating an electric personal assistive mobility device has the rights and responsibilities of a pedestrian.
Operation.
An electric personal assistive mobility device may be operated on a bicycle path.
(2) No person may operate an electric personal assistive mobility device on a roadway, sidewalk, or bicycle path at a rate of speed that is not reasonable and prudent under the conditions. Every person operating an electric personal assistive mobility device on a roadway, sidewalk, or bicycle path is responsible for becoming and remaining aware of the actual and potential hazards then existing on the roadway or sidewalk and must use due care in operating the device.
(3) An electric personal assistive mobility device may be operated on a roadway only under the following circumstances:
(a) While making a direct crossing of a roadway in a marked or unmarked crosswalk.
(b) Where no sidewalk is available.
(c) Where a sidewalk is so obstructed as to prevent safe use.
(d) When so directed by a traffic control device or by a peace officer.
(e) Temporarily in order to gain access to a motor vehicle.
(f) As provided in division below by Council resolution.
(4) An electric personal assistive mobility device may not be operated at any time on a roadway with a speed limit of more than 35 miles per hour except to make a direct crossing of the roadway in a marked crosswalk.
(5) An electric personal assistive mobility device may not be operated at any time while carrying more than one person.
(6) Designated exclusive city streets. The City Council has, by resolution, designated exclusive city streets within its jurisdiction where the operation of electric personal assistive mobility devices is not permitted, provided that any street so designated has a speed limit of more than 35 miles per hour.
(7) A person operating an electric personal assistive mobility device on a sidewalk must yield the right-of-way to pedestrians at all times. A person operating an electric personal assistive mobility device on a bicycle path must yield the right-of-way to bicycles at all times.
(8) An electric personal assistive mobility device may not be operated unless the device bears reflectorized material on the front, back, and wheels, visible at night from 600 feet when illuminated by the lower beams of headlamps of a motor vehicle.
SECTION 4. MOTORIZED FOOT SCOOTERS
(A) MOTORIZED FOOT SCOOTER means a device with handlebars designed to be stood or sat upon by the operator, and powered by an internal combustion engine or electric motor that is capable of propelling the device with or without human propulsion, and that has no more than two 12-inch or smaller diameter wheels and has an engine or motor that is capable of a maximum speed of 15 miles per hour on a flat surface with not more than 1 percent grade in any direction when the motor is engaged. An electric personal assistive mobility device, a motorized bicycle, an electric-assisted bicycle, or a motorcycle is not a motorized foot scooter.
(B) Operation of a motorized foot scooter on city bicycle paths, bicycle lanes, bicycle trails, or bikeways is prohibited except as provided in division (C) below.
(C) The City Council may, by resolution, designate specific bicycle paths, bicycle lanes, bicycle trails, or bikeways as available for use by motorized foot scooters.
(D) Every person operating a motorized foot scooter shall have all rights and duties applicable to the operator of a bicycle, except in respect to those provisions relating expressly to motorized foot scooters and in respect to those provisions of law that by their nature cannot reasonably be applied to motorized foot scooters.
(E) No person may operate a motorized foot scooter upon a sidewalk, except when necessary to enter or leave adjacent property. No person may operate a motorized foot scooter that is carrying any person other than the operator.
(F) No person under the age of 12 years may operate a motorized foot scooter.
(G) No person under the age of 18 years may operate a motorized foot scooter without wearing properly fitted and fastened protective headgear that complies with standards established by the commissioner of Public Safety.
(H) A motorized foot scooter must be equipped with a headlight and a taillight that comply with standards established by the commissioner of Public Safety if the vehicle is operated under conditions when vehicle lights are required by law.
(I) A person operating a motorized foot scooter on a roadway shall ride as close as practicable to the right-hand curb or edge of the roadway, except in the following situations:
When overtaking and passing another vehicle proceeding in the same direction.
(2) When preparing for a left turn, in which case the operator shall stop and dismount at the right-hand curb or right edge of the roadway, and shall complete the turn by crossing the roadway on foot, subject to restrictions placed by law on pedestrians.
(3) When reasonably necessary to avoid impediments or conditions that make it unsafe to continue along the right-hand curb or edge, including, but not limited to, fixed or moving objects, vehicles, bicycles, pedestrians, animals, surface hazards, or narrow lanes.
SECTION 5. MEDIUM-SPEED ELECTRIC VEHICLES AND NEIGHBORHOOD ELECTRIC VEHICLES
Definitions.
(1) MEDIUM SPEED ELECTRIC VEHICLE means an electrically powered four-wheeled motor vehicle, equipped with a roll cage or crushproof body design, that can attain a maximum speed of 35 miles per hour on a paved level surface, is fully enclosed and has at least one door for entry, has a wheelbase of 40 inches or greater and a wheel diameter of 10 inches or greater, and except with respect to maximum speed, otherwise meets or exceeds regulations in the Code of Federal Regulations, title 49, section 571.500, and successor requirements.
(2) NEIGHBORHOOD ELECTRIC VEHICLE means an electrically powered motor vehicle that has four wheels, and has a speed attainable in one mile of at least 20 miles per hour, but not more than 25 miles per hour on a paved level surface.
(B) Operation of neighborhood electric vehicles on city streets is prohibited except as provided in (C) below.
(C) Use on designated exclusive city streets. The City Council has, by resolution, designated exclusive city streets within its jurisdiction where the operation of neighborhood electric vehicles or medium-speed electric vehicles is permissible, provided that no street so designated has a speed limit of more than 35 miles per hour.
A neighborhood electric vehicle or a medium-speed electric vehicle may be operated on public streets and highways only if it meets all equipment and vehicle safety requirements in Code of Federal Regulations, title 49, section 571.500, as it may be amended from time to time.
Authorized city staff may operate city owned neighborhood electric vehicles and medium-speed electric vehicles within the city on city streets, sidewalks, trails, rights-of-way, and public property when conducting city business.
SECTION 6. PENALTY.
Any person convicted of violating any provision of this ordinance is guilty of a misdemeanor and shall be punished by a fine not to exceed one thousand dollars ($1,000.00) or imprisonment for not more than ninety (90) days, or both, plus the costs of prosecution in either case.
SECTION 7. SEVERABILITY.
If any provision of this ordinance is found to be invalid for any reason by a court of competent jurisdiction, the validity of the remaining provisions shall not be affected.
SECTION 8. EFFECTIVE DATE.
This ordinance becomes effective on the date of its publication, or upon the publication of a summary of the ordinance as provided by Minn. Stat., 412.191, subd. 4, as it may be amended from time to time, which meets the requirements of Minn. Stat. 331A.01, subd. 10, as it may be amended from time to time.
Passed by the Council this 21st day of September, 2015.
By: Richard Scholtes, Mayor
Attested: Timothy Ibisch,
City Administrator
(Seal)
September 28, 2015
____________________________
ORDINANCE NO. 2015- 11
CITY OF BLUE EARTH
AN ORDINANCE FOR THE AUTHORIZATION
OF GROWLER OFF-SALE MALT LIQUOR
ON SUNDAYS
The City Council of the City of Blue Earth does ordain as follows:
SECTION I.
That the first sentence of Subsection 420.08 of the Blue Earth City Code be amended to state the following:
No off-sale intoxicating liquor sales shall be made on Sundays, except for Beer Growlers brewed and sold by a licensed brewer who holds a wholesaler’s license issued by the State of Minnesota, which may be sold between the hours of 10:00 a.m. and 10:00 p.m. on Sundays.
SECTION II.
The City Council hereby affirms all other parts, provisions, and sentences of Subsection 420.08 of the Blue Earth City Code not specifically amended by the above Section I.
SECTION III.
This Ordinance shall be effective immediately upon its passage and publication.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BLUE EARTH ON THIS 21 DAY OF SEPTEMBER, 2015
By: Richard Scholtes, Mayor
Attested: Timothy Ibisch,
City Administrator
(Seal)
September 28, 2015
____________________________
NOTICE OF HEARING
FOR
VARIANCE REQUEST
NOTICE IS HEREBY GIVEN that the Faribault County Board of Adjustment will meet on Tuesday, October 13, 2015 at 7:00 PM in the Conference Room of the Faribault County Ag Center, Blue Earth, MN.
The meeting agenda will include a Public Hearing on the application of Jim and Joyce Wetzler for a Variance Request.
Applicants request a variance to the required Centerline to Road Setback, Side Yard Setback and Rear Yard Setback to build an addition to an existing garage located in the R-1 Rural Residence District.
Site is located at the following described property:
The Northwest Quarter of the Northeast Quarter, Section 18, Township 103 North of Range 28 West, Verona Township, Faribault County, and State of Minnesota.
All persons interested are invited to attend said hearing and be heard on this matter.
Michele Stindtman
Faribault County
Planning & Zoning
September 28, 2015
____________________________
CITY OF BLUE EARTH
REQUEST FOR BID
AIRPORT FARMLAND LEASE
The City of Blue Earth is accepting quotes for the Airport Farm Lease Tract 1 & 2. A copy of the current lease is available at City Hall or by contacting City Hall at 507-526-7336 or www.becity.org.
This year’s bids will be accepted for a three year lease option. The Airport Commission and the City Council reserves the right to evaluate all quotes and accept or reject any or all.
Bids will be accepted at City Hall until October 16th, 2015 at 4:00 p.m. Bids shall be turned in to the City Administrator’s office, 125 W. Sixth St., P.O. Box 38, Blue Earth, MN 56013. Bids must be sealed and the envelope marked Airport Farm Lease. Bids received after the above specified time will not be considered.
Sept. 28, October 5, 2015
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DEADLINE
Deadline for Public Notices is Wednesday at 12:00 Noon for the next Mondays issue. All legal copy should be delivered to the office by noon Wednesday to insure its publication.
If you need to place a public notice legal please email your legal to ptrue@faribaultcountyregister.com or fcnews@bevcomm.net
Or mail notice to: Faribault County Register, PO Box 98, 125 North Main Street, Blue Earth, MN 56013 or fax to 507-526-4080. Thank you.
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Faribault County Register
Office Hours:
Monday-Thursday
8:00 a.m. – 5:00 p.m.
Friday
8:00 a.m. – 4:30 p.m.
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