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Delano Herald Journal Legal Notices
New public notices published in the issue of Aug. 10, 2015

See also:

Delano ordinance 2015-02
Independence zoning amendment


City of IndependenceDiscussion with Planning Commission-Zoning Ordinance Amendments
Request:
The Planning Commission has discussed several possible ordinance changes during the past six months. The first of several proposed amendments pertains to windmills . The following ordinance amendment is being considered:
Chapter 5, Sections 510 and 530; Consider a new definition for recreational non-energy generating windmills along with restrictions on permitted locations and heights.
Windmills
Background:
The Planning Commission reviewed the ordinance following a request from a resident asking for clarification regarding the intent of the zoning ordinance. Following a discussion regarding the ordinance, Commissioners believed that an ordinance amendment should be considered to further define windmills so that a decorative windmill was not considered a conditional use (see attached Planning Commission report relating to the background and discussion).
Recommendation:
Planning Commissioners are recommending approval of the ordinance amendment to further define windmills and allow decorative windmills as an accessory use within the agriculture zoning district.
Published in the Delano Herald Journal Aug. 10, 2015.
CITY OF INDEPENDENCE COUNTY OF HENNEPINSTATE OF MINNESOTAORDINANCE NO. 2015-01AMENDING CHAPTER 5, SECTIONS 510 AND 530 OF THE INDEPENDENCE CITY CODE RELATING TO WINDMILLS
THE CITY OF INDEPENDENCE DOES ORDAIN:
Section I . Section 510, Definitions
510.05. Definitions. Subdivision 1. The following words and terms, and their derivations have the meanings given in this zoning code.
Subd. 83. “Wind energy conversion systems (WECS).” A device that converts wind energy into a usable form of power; also known as a wind turbine; or windmill. The mechanism may include a rotor, shaft or gearing, generator or alternator, supporting structure, foundation and guy wires.
530.03. Physical Standards. Subdivision 1. Subdivisions within the agricultural district shall be limited to lot line rearrangements and creation of rural view lots, according to the standards and procedures of subsection 500.09, subdivision ordinance.
(d) Height. The maximum height of all buildings must not exceed the lesser of two and one-half stories or 35 feet. This height limitation does not apply to farm buildings, grain elevators, silos, windmills, elevator legs, cooling towers, water towers, chimneys and smokestacks, church spires, or electric transmission lines.
Section 2 . Section 530, Agricultural district established
530.01. Agricultural district established. Subdivision 1. The agricultural district is established for the purpose of promoting continued farming of agricultural lands.
Subd. 3. Accessory uses. The following accessory uses are permitted in the agricultural district:
(e) aeration or decorative windmills provided the following performance standards are satisfied:
(1) Permit required. A building permit shall be required for the construction of a recreational or aeration windmill.
(2) Minimum lot size requirement. Lot must be 5 acres in total area or larger
(3) Setback requirements. The windmill must be setback from all property lines and residential structures. 10 feet plus the height of the windmill.
(4) Height restrictions. The maximum height of the windmill, as measured to the top of the highest point of the structure or blade, must not exceed the height of the principal structure or 35 feet, whichever is less.
(5) Stability. The windmill shall be installed to withstand a wind force of 90 miles per hour.
(6) The function of the windmill can only be used for the purpose of water aeration or decoration and not for any other on or off-site use; including the generation of electric power, either for use or sale.
(7) No more than one (1) windmill shall be permitted per property.
(8) Windmills less than 10 feet in height shall not require a permit.
Section 3. This ordinance shall take effect upon the day of publication
Adopted this 28th day of July, 2015.
Marvin D. Johnson, Mayor
Attest: Mark Kaltsas, Interim City
Administrator
Published in the Delano Herald Journal Aug. 10, 2015.
SUMMARY ORDINANCE NO. 2015-03CITY OF INDEPENDENCE COUNTY OF HENNEPINSTATE OF MINNESOTAAMENDING SECTION 705 OF THE INDEPENDENCE CITY CODE RELATING TO ON-SITE SEWAGE TREATMENT
NOTICE IS HEREBY GIVEN that on July 28, 2015, Ordinance No. 2015-02, was adopted by the City Council of the City of Independence, Minnesota.
NOTICE IS FURTHER GIVEN that, because of the lengthy nature of Ordinance No. 2015- 02, the following summary of the ordinance has been prepared for publication.
NOTICE IS FURTHER GIVEN that the ordinance adopted by the City Council amends Section 705 of the Independence Ordinance, “On-site Sewage Treatment” by updating the ordinance requirements to be consistent with the newly adopted state standards for on-site sewage treatment systems. The ordinance more clearly defines the types of sewage treatment systems permitted, updates references to the states requirements, establishes a more detailed application process and establishes criteria for commercial and non-residential treatment systems. The ordinance amendment adds provisions for siting septic systems as well as establishes a process for the City to consider variances from the requirements of the ordinance..
A printed copy of the entire ordinance is available for inspection by any person during the City’s regular office hours at the City of Independence City Hall.
APPROVED for publication by the City Council of the City of Independence, Minnesota on this 28th day of July 2015.
/s/ Marvin D. Johnson, Mayor
Attest: /s/ Mark Kaltsas, Interim City
Administrator
Published in the Delano Herald Journal Aug. 10, 2015.
NOTICE OF MORTGAGEFORECLOSURE 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: September 28, 2006
ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $232,750.00
MORTGAGOR(S): Kelly Russell, an unmarried man, and Nadia Westermeyer, an unmarried woman
MORTGAGEE: Mortgage Electronic Registration Systems, Inc. as nominee for America’s Wholesale Lender
TRANSACTION AGENT: Mortgage Electronic Registration Systems, Inc. MIN#: 1000157-0007367865-4 SERVICER: Specialized Loan Servicing LLC LENDER: America’s Wholesale Lender.
DATE AND PLACE OF FILING: Wright County Minnesota, Recorder, on October 6, 2006, as Document No. A1028463.
ASSIGNED TO: The Bank of New York Mellon FKA The Bank of New York, as Trustee for the Certificateholders of the CWABS, Inc., Asset-Backed Certificates, Series 2006-20 Dated: March 13, 2013 , and recorded March 15, 2013 by Document No. A1231134.
LEGAL DESCRIPTION OF PROPERTY: Lot 6, Block 3, Stahlke Addition, according to the plat on file and of record in the Office of the County Recorder, in and for the County of Wright, State of Minnesota and that part of the vacated portion of Oak Ridge Drive, described as follows: Commencing at the Northwest corner of Lot 7, Block 3, and Stahlke Addition; thence North 52 degrees 53 minutes 30 seconds East (plat bearing) 50.90 feet to the actual point of beginning; thence North 43 degrees 30 minutes 18 seconds East 25.06 feet; thence South 77 degrees 00 minutes 28 seconds East 81.39 feet to the Westerly lot corner between Lots 5 and 6, Block 3, and Stahlke Addition; thence Southwesterly along the Northwesterly line of said Lot 6, 70.0 feet to the Northwesterly most corner of said Lot 6, thence North 46 degrees 59 minutes West, 77.20 feet to the point of beginning, Wright County, Minnesota
PROPERTY ADDRESS: 128 Oak Ridge Dr, Delano, MN 55328 PROPERTY I.D: 107-031-003060
COUNTY IN WHICH PROPERTY IS LOCATED: Wright
THE AMOUNT CLAIMED TO BE DUE ON THE MORTGAGE ON THE DATE OF THE NOTICE: Two Hundred Ninety-Five Thousand Four Hundred Eighty-Eight and 68/100 ($295,488.68)
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: 10:00 AM on August 20, 2015
PLACE OF SALE: Sheriff`s Main Office, 3800 Braddock Avenue NE, Buffalo, MN 55313 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 6.00 months from the date of sale. If Mortgage is not reinstated under Minn. Stat. Section 580.30 or the property is not redeemed under Minn. Stat. Section 580.23, the Mortgagor must vacate the property on or before 11:59 p.m. on February 20, 2016, or the next business day if February 20, 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 FIVE UNITS, ARE NOT PROPERTY USED IN AGRICULTURAL PRODUCTION, AND ARE ABANDONED.”
Dated: July 6, 2015
The Bank of New York Mellon FKA The Bank of New York, as Trustee for the Certificateholders of the CWABS, Inc., Asset-Backed Certificates, Series 2006-20
Randall S. Miller and Associates, PLLC
Attorneys for Assignee of Mortgage/Mortgagee
Canadian Pacific Plaza, 120 South Sixth Street, Suite 2050
Minneapolis, MN 55402
Phone: 952-232-0052
Our File No. 14MN00274-1
THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.
Published in the Delano Herald Journal July 6, 13, 20, 27, and Aug. 3, and 10, 2015.
NOTICE OF MORTGAGEFORECLOSURE SALE THE RIGHT TOVERIFICATION OF THE DEBT ANDIDENTITY OF THE ORIGINAL CREDITORWITHIN THE TIME PROVIDED BY LAW ISNOT AFFECTED BY THIS ACTION.
NOTICE IS HEREBY GIVEN: That default has occurred in the conditions of the following described mortgage:
DATE OF MORTGAGE: June 1, 2010
ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $239,400.00
MORTGAGOR(S): Michelle A. Iten, a single person
MORTGAGEE: Mortgage Electronic Registration Systems, Inc. as nominee for Bell America Mortgage LLC DBA Bell Mortgage
TRANSACTION AGENT: Mortgage Electronic Registration Systems, Inc. MIN#: 100026900141283985 SERVICER: U.S. Bank National Association LENDER: Bell America Mortgage LLC DBA Bell Mortgage.
DATE AND PLACE OF FILING: Wright County Minnesota, Recorder, on June 23, 2010, as Document No. A1150386.
ASSIGNED TO: U.S. BANK NATIONAL ASSOCIATION Dated: December 17, 2013, and recorded December 23, 2013 by Document No. A1254486.
LEGAL DESCRIPTION OF PROPERTY: Lots 2, 3, and 4, Block 1, Pulaski Lake Shores Unit No. 3, Wright County, Minnesota.
PROPERTY ADDRESS: 2600 Falcon Ln, Buffalo, MN 55313
PROPERTY I.D: 103124001010
COUNTY IN WHICH PROPERTY IS LOCATED: Wright
THE AMOUNT CLAIMED TO BE DUE ON THE MORTGAGE ON THE DATE OF THE NOTICE: Two Hundred ThirtyFour Thousand Five Hundred and 74/100 ($234,500.74)
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 preforeclosure 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: 10:00 AM on August 20, 2015
PLACE OF SALE: Sheriff`s Main Office, 3800 Braddock Avenue NE, Buffalo, MN 55313 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 6.00 months from the date of sale. If Mortgage is not reinstated under Minn. Stat. Section 580.30 or the property is not redeemed under Minn. Stat. Section 580.23, the Mortgagor must vacate the property on or before 11:59 p.m. on February 20, 2016, or the next business day if February 20, 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 FIVE UNITS, ARE NOT PROPERTY USED IN AGRICULTURAL PRODUCTION, AND ARE ABANDONED.”
Dated: July 6, 2015
U.S. BANK NATIONAL ASSOCIATION Randall S. Miller and Associates, PLLC
Attorneys for Assignee of Mortgage/Mortgagee
Canadian Pacific Plaza,
120 South Sixth Street, Suite 2050
Minneapolis, MN 55402
Phone: 9522320052
File No. 15MN001411
THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. A4532727
Published in the Delano Herald Journal July 6, 13, 20, 27, and Aug. 3, and 10, 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: March 8, 2000
MORTGAGOR: Maggie K. Hamaty, married.
MORTGAGEE: Chase Manhattan Mortgage Corporation.
DATE AND PLACE OF RECORDING: Recorded March 27, 2000 Wright County Recorder, Document No. 705176.
ASSIGNMENTS OF MORTGAGE: Assigned to: Government National Mortgage Association. Dated February 18, 2015 Recorded March 2, 2015, as Document No. A1281729. And thereafter assigned to: JPMorgan Chase Bank, National Association. Dated April 28, 2015 Recorded May 7, 2015, as Document No. A1287114.
TRANSACTION AGENT: NONE
TRANSACTION AGENT’S MORTGAGE IDENTIFICATION NUMBER ON MORTGAGE: NONE
LENDER OR BROKER AND MORTGAGE ORIGINATOR STATED ON MORTGAGE: Chase Manhattan Mortgage Corporation
RESIDENTIAL MORTGAGE SERVICER: JPMorgan Chase Bank, National Association
MORTGAGED PROPERTY ADDRESS: 120 2nd Street North, Delano, MN 55328
TAX PARCEL I.D. #: 107010007060
LEGAL DESCRIPTION OF PROPERTY: Lot 6, Block 7, Townsite of Delano
COUNTY IN WHICH PROPERTY IS LOCATED: Wright
ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $68,865.00
AMOUNT DUE AND CLAIMED TO BE DUE AS OF DATE OF NOTICE, INCLUDING TAXES, IF ANY, PAID BY MORTGAGEE: $51,145.26
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: August 27, 2015 at 10:00 AM
PLACE OF SALE: Sheriff’s Office, Wright County Law Enforcement Center, 3800 Braddock Avenue N.E., Buffalo, 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 February 29, 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: June 26, 2015
JPMorgan Chase 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
30 - 14-007464 FC
THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.
Published in the Delano Herald Journal July 6, 13, 20, 27, Aug. 3 and 10, 2015.
MINUTESRegular Meeting of the Board of EducationIndependent School District 879, Delano Public Schools
The regular meeting of the Board of Education of Independent School District 879, Delano, Minnesota, was held on Monday, July 27, 2015, at Delano City Hall. The meeting was called to order by the chair at 5:46 p.m. with the following members in attendance: Johnson, Black, Baker, Larson, Durick, Seguin and Milano.
APPROVAL OF MEETING AGENDA (approved unanimously)
WORK SESSION
Board reviewed discussion items: DHS Softball Extended Field Trip Request, Girls’ Hockey Program, District Representative for Bond Process, LongTerm Facilities Maintenance Plan, Year 3 Strategic Plan Work Plans, Superintendent Evaluation, and Policy Review.
CONSENT AGENDA (approved unanimously)
Board approved the regular meeting minutes of 62215, the current budget status with yeartodate adjustments, investment transactions, wire transfers, Minnesota Liquid Assets fund, cash report, revenue and expense fund totals, expense reports and disbursements.
RESOLUTION OF ACCEPTANCE OF GIFTS (approved unanimously)
PERSONNEL (approved unanimously)
Board approved retirements/resignations/terminations, recommendations of employment and contract changes which include: Retirements/resignations/terminations include: DMS Special Education Paraprofessional, DHS Head Girls Basketball Coach, CE Tiger Kids Club Student Aide. Recommendations of Employment include: DES Grade 2 Teacher, DMS Grade 5 Teacher, DES Basic Skills Teacher, DES Administrative Assistant, DMS Special Education Paraprofessional, DHS 9th Grade Football Coach, ESY Special Education Paraprofessional, (2) CE Tiger Kids Club Student Aide, (2) CE Tiger Kids Club Assistant, CE Tiger Kids Club Classroom Assistant, CE Field Trip Student Supervisor, (2) CE Baseball Coach, CE Volleyball Coach, (9) CE Volleyball Student Aide. Contract changes/approvals which include: 201416 CE NonCertified Employee Handbook. Leaves of Absence: DES Grade 4 Teacher.
PUBLIC COMMENT: None.
ADMINISTRATIVE AND BOARD REPORTS
Board heard the following administrative reports: Superintendent Schoen reported on Year 3 Strategic Plan work plans. M. Reeder reported on Special Education Fiscal Monitoring results and district audit in October. D. Johnson reported on Concerts in the Park, SHREK musical, CE summer programs and fall planning. Board heard reports from: MAWSECO and DASA.
OLD BUSINESS: None
NEW BUSINESS (approved unanimously)
Approved first read of policies due to substantive and/or legal reference changes, first and only read on Policy 501-School Weapons Policy, first read of new Policy 427Workload Limits for Special Education Teachers, DHS Softball 2016 Extended Field Trip, Tiger Activity Center Membership Rates, 10-Year Longterm Facilities Maintenance Plan, and Surplus Items for Sale and/or Disposal.
The meeting adjourned at 7:30 p.m. The preceding is a summary of the unofficial minutes. The full text of the unofficial minutes are on file in the District Office, 700 Elm Avenue East, Delano, Minnesota and also available on the school district’s website www.delano.k12.mn.us. The next regular meeting of the Board of Education will be held on Monday, August 24, 2015, at 5:45 p.m. in the Delano City Hall.
Carolyn Milano, Board of Education Clerk
Published in the Delano Herald Journal Aug. 10, 2015.
City of Delano Notice of Public Hearing
Notice is hereby given that the Delano City Council will hold a Public Hearing in the City Council Chambers at Delano City Hall, 234 2nd Street North, on Tuesday, August 18, 2015 at 7:00pm or soon after to consider a request from Wright Neighborhoods for the vacation of drainage and utility easement on Lot 15, Block 1, as dedicated on the recorded plat of Wright Neighborhood 1st Addition, Wright County Minnesota.
Resolution R-15-
RESOLUTION VACATING A DRAINAGE AND UTILITY EASEMENT FOR PROPERTY LOCATED WITHIN WRIGHT NEIGHBORHOOD 1ST ADDITION.
WHEREAS, a request for vacation of a drainage and utility easement was received from Wright Neighborhoods, the area legally described as follows:
EASEMENT VACATION DESCRIPTION:
All the drainage and utility easements, over, under and across, the property dedicate on Lot 15, Block 1 Wright Neighborhood 1st Addition.
WHEREAS, published and mailed notice as required by law of the hearing was given on August 10, 2015; and
WHEREAS, the hearing will be held on Tuesday, August 18, 2015, at which time all persons desiring to be heard will be given an opportunity to be heard thereon.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELANO, COUNTY OF WRIGHT, STATE OF MINNESOTA:
1. The City of Delano hereby finds that it is in the public interest to vacate said drainage and utility easement.
2. The City of Delano hereby vacates said drainage and utility easements as described as Lot 15, Block 1, Wright Neighborhoods 1st Addition. Subject to replacing drainage and utility easements around newly established lots in the Wright Neighborhood Plat.
3. The City Clerk shall prepare a notice of completion of the proceedings of vacation in accordance with law and file said notice with the County Auditor and County Recorder of Wright County.
Adopted by the Mayor and City Council this 18th Day of August, 2015.
Dale Graunke, Mayor
Attest: Brian Bloch, Finance Director
All interested parties or individuals are hereby notified and invited to present their oral or written comments at said public hearing.
Brian Bloch, Finance Director
Published in the Delano Herald Journal Aug. 10, 2015.