Preview
58-CV-24-200
Filed in District Court
State of Minnesota
4/17/2024 4:06 PM
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF PINE TENTH JUDICIAL DISTRICT
Case Type: Other Civil
Blaze Credit Union, Court File No.:
Plaintiff,
vs. COMPLAINT
Black Forest Estates, a partnership consisting of
Dolores Skrien, Eleanor Hoefler,
Jeanne Roegge, and Deanna Erhart;
Casey’s Retail Company; and also all other
persons unknown claiming any right, title,
estate, interest, or lien in the real estate
described in the complaint herein,
Defendants.
Plaintiff, for its complaint herein, states and alleges as follows:
1. Plaintiff Blaze Credit Union (“Blaze”) is a Minnesota credit union.
2. Upon information and belief, Defendant Black Forest Estates, a partnership
consisting of Dolores Skrien, Eleanor Hoefler, Jeanne Roegge, and Deanna Erhart (“Black
Forest”) is a Minnesota partnership.
3. Defendant Casey’s Retail Company (“Casey’s”) is an Iowa corporation.
4. Defendants named as all other persons unknown claiming any right, title, estate,
interest, or lien in the real estate described in the complaint herein are named pursuant to Minn.
Stat. § 559.02 and are persons unknown who may claim some right, title, estate, interest, or lien in
the real estate described in the complaint herein.
58-CV-24-200
Filed in District Court
State of Minnesota
4/17/2024 4:06 PM
5. Blaze is the owner of the following real property located in Pine County, Minnesota
(“Blaze Property”) which is the green highlighted property in the illustrative map attached hereto
as Exhibit 1:
Street Address: 900 Main St. S
Pine City, MN 55063
Property Identification: 420306000
Legal Description:
That part of Lot 26, Auditor's Subdivision of Section 33, Township 39, Range 21, described as
follows:
Commencing at the South Quarter corner of Section 33; thence on an assumed bearing of
North 89 degrees 11 minutes 30 seconds East along the South line of Section 33 a
distance of 40.0 feet to the East right-of-way line of Highway No. 61; thence on a bearing
of North along the East right-of-way line of Highway No. 61 a distance of 448.51 feet to
the point of beginning of the property to be described; thence continuing on a bearing of
North along said East line 162.2 feet to the South line of Hillside Avenue; thence North
89 degrees 55 minutes East along said South line 303.28 feet to the West line of 4th
Street; thence South 1 degree 03 minutes East along said West line 159.03 feet to the
intersection with a line that bears North 89 degrees 19 minutes East from the point of
beginning; thence South 89 degrees 19 minutes West 306.22 feet to the point of
beginning, EXCEPT that part thereof lying within the following described parcel:
That part of Lot 26 Auditor's Subdivision of Section 33, Township 39, Range 21, described as
follows:
Commencing at the South Quarter corner of Section 33; thence on an assumed baring of
North 89 degrees 11 minutes 30 seconds East along the South line of Section 33 a
distance of 40.0 feet to the East right of way line of Highway No. 61; thence on a bearing
of North along the East right of way line of Highway No. 61 a distance of 448.51 feet;
thence North 89 degrees 19 minutes East 237.0 feet to the point of beginning of the
property to be described; thence South 0 degrees 23 minutes East 447.96 feet to the South
line of Section 33; thence North 89 degrees 11 minutes 30 seconds East along the South
line of Section 33 a distance of 74.43 feet to the West line of 4th Street; thence North 1
degree 03 minutes West along the West line of 4th Street 447.8 feet to the intersection
with a line that bears North 89 degrees 10 minutes East from the point of beginning;
thence South 89 degrees 10 minutes West 69.22 feet to the point of beginning.
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58-CV-24-200
Filed in District Court
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6. Casey’s is the owner of the following real property located in Pine County,
Minnesota (“Casey’s Property”) which is the yellow highlighted property in the illustrative map
attached hereto as Exhibit 1:
Street Address: 920 Main St. S
Pine City, MN 55063
Property Identification: 420308001
Legal Description:
All that part of the Southwest Quarter of the Southeast Quarter (SW1/4 of SE1/4), or that
part of Lot Twenty-six (26), Auditor’s Subdivision of Section Thirty-three (33),
Township Thirty-nine (39), Range Twenty-one (21), Pine County, Minnesota, described
as follows: Beginning at an iron monument 36 feet due East of the South Quarter corner
of said Section Thirty-three (33), said iron monument being on the East right of way line
of State Trunk Highway #61; thence Northerly along the East Right of way line of said
Highway #61 for 442 feet; thence Easterly 237 feet to a point 10 feet North of an iron
monument which is 276 East and 432 feet North of the aforesaid Quarter corner; thence
South 442 feet to an iron monument which is 276 feet East of the aforesaid Quarter
corner; thence Westerly at right angles to the point of beginning; including all rights in
and to Trunk Highway #61 and its right of way, less the South 165 feet thereof.
7. Between the Blaze Property and the Casey’s Property there exists a small gap
between the south boundary of the Blaze Property and the north boundary of the Casey’s Property
(“Gap”) which is the red highlighted property in the illustrative map attached hereto as Exhibit 1,
and which is depicted on the survey attached hereto as Exhibit 2.
8. As of March 1985, Black Forest owned the Blaze Property, Casey’s Property, and
the Gap.
9. In 1988, Black Forest conveyed the Blaze Property to Fred N. Oreel by Warranty
Deed dated March 23, 1988 and recorded March 25, 1988 with the Pine County Recorder as
document number 303265.
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10. In 1995, Black Forest conveyed the Casey’s Property to Donald J. Stepanek and
Gertrude Stepanek, husband and wife, by Warranty Deed dated June 8, 1995 and recorded July 25,
1995 with the Pine County Recorder as document number 349307.
11. The legal descriptions used for Black Forest’s conveyances of the Blaze Property
and Casey’s Property did not align with each other which created the Gap between the Blaze
Property and Casey’s Property when Black Forest conveyed the Casey’s Property.
12. Because the legal descriptions for Black Forest’s conveyances of the Blaze Property
and Casey’s Property did not align with each other, Black Forest inadvertently remained the record
title owner of the Gap.
13. Upon information and belief, the Gap was intended to be conveyed as part of the
Casey’s Property and was not intended to be retained by Black Forest.
14. Upon information and belief, the Gap was never subsequently conveyed by Black
Forest to any other party.
15. Subsequent conveyances of the Blaze Property and Casey’s Property have used the
same legal descriptions that originally created the Gap.
16. Upon information and belief, since the time that the Gap was inadvertently created
through Black Forest’s conveyance of the Casey’s Property, Black Forest has not in any manner
occupied, used, or maintained the Gap, or otherwise asserted any rights in the Gap.
17. Upon information and belief, since the time that the Gap was inadvertently created
through Black Forest’s conveyance of the Casey’s Property, the Gap has been continuously
occupied, used, and maintained by successive owners of the Casey’s Property. This has included,
among other things, use of the Gap by Casey’s and its predecessors, and their respective
employees, customers, guests, contractors, and other invitees, for access to the Casey’s Property
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from Main Street. Casey’s and their predecessors have maintained and improved the Gap by,
among other things, maintaining and repairing the paved driveway, plowing the driveway,
maintaining and tending the grass and vegetation areas that are not paved, and removing trash and
debris.
18. Since approximately 2016, pursuant to an access easement agreement between
Casey’s and Blaze (under its prior name Spire Credit Union), Blaze and its employees, customers,
guests, contractors, and other invitees have used portions of the Gap for access to the Blaze
Property. Blaze has also maintained and improved portions of the Gap by, among other things,
maintaining and repairing the paved driveway, plowing the driveway, and removing trash and
debris.
19. Upon information and belief, the usage and maintenance of the Gap by Casey’s and
its predecessors since the Gap was inadvertently created in 1995 has been uninterrupted and
continuous for a period of more than 15 years, and has been actual, open, notorious, hostile,
exclusive and in a character consistent with usage and maintenance for a commercial property in
the setting of the Casey’s Property.
20. Upon information and belief, Casey’s and its predecessors have paid the property
taxes for the Gap as part of the Casey’s Property since the Gap was inadvertently created in 1995.
21. Upon information and belief, since the time that the Gap was inadvertently created
through Black Forest’s conveyance of the Casey’s Property, Black Forest has never objected to or
otherwise communicated, instructed, or demanded that any of the successive owners of the Blaze
Property or Casey’s Property cease their use of the Gap.
22. The Gap should be part of the property owned by Casey’s so as to eliminate any
gap between the Blaze Property and Casey’s Property.
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58-CV-24-200
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23. Blaze does not claim or seek any title ownership interest in the Gap.
24. The legal description for the Casey’s Property plus the Gap, and which aligns with
the Blaze Property so as to eliminate any gap between the Blaze Property and the Casey’s Property,
is as follows:
That part of Lot 26, AUDITOR’S SUBDIVISION of Section 33, Township 39, Range
21, Pine County, Minnesota, described as follows:
Commencing at the South Quarter corner of Section 33; Thence on an assumed bearing
of North 89˚11’30” East along the south line of Section 33 a distance of 40.0 feet to the
East right of way line of Highway No. 61 and the point of beginning of the property to be
described; Thence on a bearing of North along the East right of way line of Highway No.
61 a distance of 448.51 feet; Thence North 89˚19’ East 237.0 feet; Thence South 0˚23’
East 447.96 feet to the South line of Section 33; Thence South 89˚11’30” West along said
South line 240.0 feet to the point of beginning. Including all rights in and to Highway No.
61 and it’s right of way. Excepting therefrom the South 165.00 feet as measured along
the East and West lines thereof, now platted as COMMON INTEREST COMMUNTY
NUMBER 20, PINE OAK PROPERTIES, A CONDOMINIUM.
(“Revised Casey’s Legal Description”)
25. Blaze brings this action to address and resolve the gap in the legal descriptions
between the Blaze Property and Casey’s Property.
COUNT I – ABANDONMENT
26. Blaze restates and realleges the preceding paragraphs and incorporates them herein.
27. Since Black Forest’s conveyance of the Casey’s Property in 1995 which
inadvertently created the Gap, the Gap has been continuously occupied, used, and maintained by
successive owners of the Casey’s Property, and since approximately 2016, pursuant to an access
easement agreement between Blaze and Casey’s, Blaze and its employees, customers, guests,
contractors, and other invitees have used portions of the Gap for access to the Blaze Property.
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58-CV-24-200
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State of Minnesota
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28. Since Black Forest’s conveyance of the Casey’s Property in 1995 which
inadvertently created the Gap, Black Forest has not in any manner occupied, used, or maintained
the Gap, or otherwise asserted any rights in the Gap, and Black Forest has never objected to or
otherwise communicated, instructed, or demanded that any of the successive owners of the Blaze
Property or Casey’s Property cease their use of the Gap.
29. Black Forest’s lack of any occupation, use, or maintenance of the Gap, or to assert
any rights in the Gap, since it was inadvertently created in 1995, and Black Forest’s lack of any
communication, instruction, or any other demand that successive owners of the Blaze Property or
Casey’s Property cease their use of the Gap, shows Black Forest’s intent to abandon any title
ownership interest it inadvertently retained in the Gap.
30. Blaze is entitled to an order determining that Black Forest has abandoned any title
ownership interest it inadvertently retained in the Gap, and that, based upon the abandonment of
the Gap by Black Forest, Casey’s is now the fee title owner of the Gap and all land in the Revised
Casey’s Legal Description such that the south boundary of the Blaze Property and the north
boundary of the Revised Casey’s Legal Description align without any gap.
COUNT II – DETERMINATION OF BOUNDARY LINES
31. Blaze restates and realleges the preceding paragraphs and incorporates them herein.
32. Minn. Stat. § 559.23 provides that any person owning land, or persons interested in
adjoining land, may bring an action to have the boundary lines established.
33. Because the legal descriptions for Black Forest’s conveyances of the Blaze Property
and Casey’s Property did not align with each other, the Gap was inadvertently created when Black
Forest conveyed the Casey’s Property.
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58-CV-24-200
Filed in District Court
State of Minnesota
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34. Black Forest has abandoned any ownership interest it may have inadvertently
retained in the Gap and/or Casey’s and its predecessors established their ownership of the Gap
through adverse possession.
35. Blaze is entitled to an order determining that Casey’s is now the fee title owner of
the Gap and all land in the Revised Casey’s Legal Description such that the south boundary of the
Blaze Property and the north boundary of the Revised Casey’s Legal Description align without
any gap.
COUNT III – DETERMINATION OF ADVERSE CLAIMS
36. Blaze restates and realleges the preceding paragraphs and incorporates them herein.
37. Minn. Stat. § 559.01 provides that any person in possession of real property may
bring an action against another who claims an estate or interest therein, or a lien thereon, adverse
to the person bringing the action, for the purpose of determining such adverse claim and the rights
of the parties, respectively.
38. Blaze is in possession of the Blaze Property and uses and maintains portions of the
Gap for access to the Blaze Property.
39. Since Black Forest’s conveyance of the Casey’s Property in 1995 which
inadvertently created the Gap, the Gap has been continuously occupied, used, and maintained by
successive owners of the Casey’s Property, and since approximately 2016, pursuant to an access
easement agreement between Blaze and Casey’s, Blaze and its employees, customers, guests,
contractors, and other invitees have used portions of the Gap for access to the Spire Property.
40. Black Forest has not in any manner occupied, used, or maintained the Gap, or
otherwise asserted any rights in the Gap since the Gap was inadvertently created in 1995, and
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58-CV-24-200
Filed in District Court
State of Minnesota
4/17/2024 4:06 PM
Black Forest has never objected to or otherwise communicated, instructed, or demanded that any
of the successive owners of the Blaze Property or Casey’s Property cease their use of the Gap.
41. Black Forest has abandoned any ownership interest it may have inadvertently
retained in the Gap and/or Casey’s and its predecessors established their ownership of the Gap
through adverse possession.
42. Black Forest, or other unknown Defendants claiming through Black Forest, may
claim rights, title, or interests in the Gap that are adverse to the rights of Blaze and Casey’s in the
Gap.
43. Blaze is entitled to an order determining the parties’ respective rights in the Gap,
determining that none of the Defendants, except for Casey’s, have any right, title, or interest in the
Gap, and determining that Casey’s is now the fee title owner of the Gap and all land in the Revised
Casey’s Legal Description such that the south boundary of the Blaze Property and the north
boundary of the Revised Casey’s Legal Description align without any gap.
COUNT IV – DECLARATORY JUDGMENT
44. Blaze restates and realleges the preceding paragraphs and incorporates them herein.
45. Minn. Stat. § 555.01 et seq. authorizes the Court to construe and declare the rights,
status, and relations of the parties to this action regarding the Spire Property, Casey’s Property,
and the Gap.
46. Black Forest has abandoned any ownership interest it may have inadvertently
retained in the Gap and/or Casey’s and its predecessors established their ownership of the Gap
through adverse possession.
47. Blaze is entitled to an order construing and declaring the parties’ respective rights
in the Gap, determining that none of the Defendants, except for Casey’s, have any right, title, or
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58-CV-24-200
Filed in District Court
State of Minnesota
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interest in the Gap, and determining that Casey’s is now the fee title owner of the Gap and all land
in the Revised Casey’s Legal Description such that the south boundary of the Blaze Property and
the north boundary of the Revised Casey’s Legal Description align without any gap.
WHEREFORE, Blaze requests an Order from the Court as follows:
1. For Count I, determining that Black Forest has abandoned any title ownership
interest it inadvertently retained in the Gap, and that, based upon the abandonment of the Gap by
Black Forest, Casey’s is now the fee title owner of the Gap and all land in the Revised Casey’s
Legal Description such that the south boundary of the Blaze Property and the north boundary of
the Revised Casey’s Legal Description align without any gap.
2. For Count II, determining that Casey’s is now the fee title owner of the Gap and
all land in the Revised Casey’s Legal Description such that the south boundary of the Blaze
Property and the north boundary of the Revised Casey’s Legal Description align without any
gap.
3. For Count III, determining the parties’ respective rights in the Gap, determining
that none of the Defendants, except for Casey’s, have any right, title, or interest in the Gap, and
determining that Casey’s is now the fee title owner of the Gap and all land in the Revised
Casey’s Legal Description such that the south boundary of the Blaze Property and the north
boundary of the Revised Casey’s Legal Description align without any gap.
4. For Count IV, construing and declaring the parties’ respective rights in the Gap,
determining that none of the Defendants, except for Casey’s, have any right, title, or interest in
the Gap, and determining that Casey’s is now the fee title owner of the Gap and all land in the
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Revised Casey’s Legal Description such that the south boundary of the Blaze Property and the
north boundary of the Revised Casey’s Legal Description align without any gap.
5. For such other and further relief as the Court deems just and equitable.
BEST & FLANAGAN LLP
Dated: April 17, 2024 /s/ David J. Krco
David J. Krco (#0389382)
60 South Sixth Street, Suite 2700
Minneapolis, MN 55402
Ph: 612-349-5676
dkrco@bestlaw.com
Attorneys for Plaintiff
Blaze Credit Union
ACKNOWLEDGMENT
The undersigned hereby acknowledges that costs, disbursements, and reasonable attorney
and witness fees may be awarded pursuant to Minn. Stat. § 549.211 to the party against whom the
allegations in this pleading are asserted.
BEST & FLANAGAN LLP
Dated: April 17, 2024 /s/ David J. Krco
David J. Krco (#0389382)
60 South Sixth Street, Suite 2700
Minneapolis, MN 55402
Ph: 612-349-5676
dkrco@bestlaw.com
Attorneys for Plaintiff
Blaze Credit Union
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58-CV-24-200
Filed in District Court
State of Minnesota
4/17/2024 4:06 PM
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Exhibit 1
12
58-CV-24-200
Filed in District Court
State of Minnesota
4/17/2024 4:06 PM
LEGEND 0 40
FOUND 1/2 INCH X 14 INCH IRON RECORD DOCUMENT
MONUMENT, MARKED "LS 53642"
UNLESS NOTED OTHERWISE
P.O.B. POINT OF BEGINNING N
FOUND NAIL P.O.C. POINT OF COMMENCEMENT SCALE IN FEET
DESCRIPTION OF PROPERTY (PARCEL 1 - BLAZE CREDIT UNION)
(Per Warranty Deed Document No. 368312)
That part of Lot Twenty-six (26), AUDITOR'S SUBDIVISION of Section Thirty-three (33), Township Thirty-nine (39), Range Twenty-one (21),
described as follows:
Commencing at the south quarter corner of Section 33; thence on an assumed bearing of North 89°11'30" East along the south line of
Section 33 a distance of 40.0 feet to the east right-of-way line of Highway No. 61; thence on a bearing of North along the east right-of-way
line of Highway No. 61 a distance of 448.51 feet to the point of beginning of the property to be described; thence continuing on a bearing
of North along said east line 162.2 feet to the south line of Hillside Avenue; thence North 89°55' East along said south line 303.28 feet to
the west line of 4th Street; thence South 1°03' East along said west line 159.03 feet to the intersection with a line that bears North 89°19'
East from the point of beginning; thence South 89°19' West 306.22 feet to the point of beginning, EXCEPT that part thereof lying within
the following described parcel:
That part of Lot 26 Auditor's Subdivision of Sec. 33, Twp. 39, Range 21, described as follows: Commencing at the South Quarter corner of
Sec. 33; Thence on an assumed bearing of North 89°11'30" East along the South line of Section 33 a distance of 40.0 feet to the East right
of way line of Highway No. 61; Thence on a bearing of North along the East right of way line of Highway No. 61 a distance of 448.51 feet;
Thence North 89°19' East 237.0 feet to the point of beginning of the property to be described; Thence South 0°23' East 447.96 feet to the
W:\2023\23062\CADD DATA\SURVEY\_dwg Sheet Files\S23062-EXH-GAP
South line of Section 33; Thence North 89°11'30" East along the south line of Section 33 a distance of 74.43 feet to the West line of 4th
Street; Thence North 1°03' West along the West line of 4th Street 447.8 feet to the intersection with a line that bears North 89°10' East
from the point of beginning; Thence South 89°10' West 69.22 feet to the point of beginning.
Together with the easement or right of access as contained in Quit Claim Deed Microfilm No. 304451.
DESCRIPTION OF PROPERTY (PARCEL 2 - CASEY'S RETAIL COMPANY)
(Per Quit Claim Deed Document No. A-527639)
All that part of the Southwest Quarter of the Southeast Quarter (SW l/4 of SE l/4), or that part of Lot Twenty-six (26), Auditor's Subdivision
of Section Thirty-three (33), Township Thirty-nine (39), Range Twenty-one (21), described as follows: Beginning at an iron monument 36
feet due East of the South Quarter corner of said Section Thirty-three (33), said iron monument being on the East right of way line of State
Trunk Highway #61; thence Northerly along the East Right of way line of said Highway #61 for 442 feet; thence Easterly 237 feet to a point
10 feet North of an iron monument which is 276 East and 432 feet North of the aforesaid Quarter corner; thence South 442 feet to an iron
monument which is 276 feet East of the aforesaid Quarter corner; thence Westerly at right angles to the point of beginning; including all
rights in and to Trunk Highway #61 and its right of way, less the South 165 feet thereof. Pine County, Minnesota
LOUCKS
I hereby certify that this survey, plan or report was prepared by me or under my direct
EXHIBIT
supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota.
02/16/24
Jason P. Terczynski - PLS License No. 57073 Date Loucks Project No. 23062
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Exhibit 2
Preview
58-CV-24-200 Filed in District Court State of Minnesota 4/17/2024 4:06 PM STATE OF MINNESOTA DISTRICT COURT COUNTY OF PINE TENTH JUDICIAL DISTRICT Case Type: Other Civil Blaze Credit Union, Court File No.: Plaintiff, vs. COMPLAINT Black Forest Estates, a partnership consisting of Dolores Skrien, Eleanor Hoefler, Jeanne Roegge, and Deanna Erhart; Casey’s Retail Company; and also all other persons unknown claiming any right, title, estate, interest, or lien in the real estate described in the complaint herein, Defendants. Plaintiff, for its complaint herein, states and alleges as follows: 1. Plaintiff Blaze Credit Union (“Blaze”) is a Minnesota credit union. 2. Upon information and belief, Defendant Black Forest Estates, a partnership consisting of Dolores Skrien, Eleanor Hoefler, Jeanne Roegge, and Deanna Erhart (“Black Forest”) is a Minnesota partnership. 3. Defendant Casey’s Retail Company (“Casey’s”) is an Iowa corporation. 4. Defendants named as all other persons unknown claiming any right, title, estate, interest, or lien in the real estate described in the complaint herein are named pursuant to Minn. Stat. § 559.02 and are persons unknown who may claim some right, title, estate, interest, or lien in the real estate described in the complaint herein. 58-CV-24-200 Filed in District Court State of Minnesota 4/17/2024 4:06 PM 5. Blaze is the owner of the following real property located in Pine County, Minnesota (“Blaze Property”) which is the green highlighted property in the illustrative map attached hereto as Exhibit 1: Street Address: 900 Main St. S Pine City, MN 55063 Property Identification: 420306000 Legal Description: That part of Lot 26, Auditor's Subdivision of Section 33, Township 39, Range 21, described as follows: Commencing at the South Quarter corner of Section 33; thence on an assumed bearing of North 89 degrees 11 minutes 30 seconds East along the South line of Section 33 a distance of 40.0 feet to the East right-of-way line of Highway No. 61; thence on a bearing of North along the East right-of-way line of Highway No. 61 a distance of 448.51 feet to the point of beginning of the property to be described; thence continuing on a bearing of North along said East line 162.2 feet to the South line of Hillside Avenue; thence North 89 degrees 55 minutes East along said South line 303.28 feet to the West line of 4th Street; thence South 1 degree 03 minutes East along said West line 159.03 feet to the intersection with a line that bears North 89 degrees 19 minutes East from the point of beginning; thence South 89 degrees 19 minutes West 306.22 feet to the point of beginning, EXCEPT that part thereof lying within the following described parcel: That part of Lot 26 Auditor's Subdivision of Section 33, Township 39, Range 21, described as follows: Commencing at the South Quarter corner of Section 33; thence on an assumed baring of North 89 degrees 11 minutes 30 seconds East along the South line of Section 33 a distance of 40.0 feet to the East right of way line of Highway No. 61; thence on a bearing of North along the East right of way line of Highway No. 61 a distance of 448.51 feet; thence North 89 degrees 19 minutes East 237.0 feet to the point of beginning of the property to be described; thence South 0 degrees 23 minutes East 447.96 feet to the South line of Section 33; thence North 89 degrees 11 minutes 30 seconds East along the South line of Section 33 a distance of 74.43 feet to the West line of 4th Street; thence North 1 degree 03 minutes West along the West line of 4th Street 447.8 feet to the intersection with a line that bears North 89 degrees 10 minutes East from the point of beginning; thence South 89 degrees 10 minutes West 69.22 feet to the point of beginning. 2 58-CV-24-200 Filed in District Court State of Minnesota 4/17/2024 4:06 PM 6. Casey’s is the owner of the following real property located in Pine County, Minnesota (“Casey’s Property”) which is the yellow highlighted property in the illustrative map attached hereto as Exhibit 1: Street Address: 920 Main St. S Pine City, MN 55063 Property Identification: 420308001 Legal Description: All that part of the Southwest Quarter of the Southeast Quarter (SW1/4 of SE1/4), or that part of Lot Twenty-six (26), Auditor’s Subdivision of Section Thirty-three (33), Township Thirty-nine (39), Range Twenty-one (21), Pine County, Minnesota, described as follows: Beginning at an iron monument 36 feet due East of the South Quarter corner of said Section Thirty-three (33), said iron monument being on the East right of way line of State Trunk Highway #61; thence Northerly along the East Right of way line of said Highway #61 for 442 feet; thence Easterly 237 feet to a point 10 feet North of an iron monument which is 276 East and 432 feet North of the aforesaid Quarter corner; thence South 442 feet to an iron monument which is 276 feet East of the aforesaid Quarter corner; thence Westerly at right angles to the point of beginning; including all rights in and to Trunk Highway #61 and its right of way, less the South 165 feet thereof. 7. Between the Blaze Property and the Casey’s Property there exists a small gap between the south boundary of the Blaze Property and the north boundary of the Casey’s Property (“Gap”) which is the red highlighted property in the illustrative map attached hereto as Exhibit 1, and which is depicted on the survey attached hereto as Exhibit 2. 8. As of March 1985, Black Forest owned the Blaze Property, Casey’s Property, and the Gap. 9. In 1988, Black Forest conveyed the Blaze Property to Fred N. Oreel by Warranty Deed dated March 23, 1988 and recorded March 25, 1988 with the Pine County Recorder as document number 303265. 3 58-CV-24-200 Filed in District Court State of Minnesota 4/17/2024 4:06 PM 10. In 1995, Black Forest conveyed the Casey’s Property to Donald J. Stepanek and Gertrude Stepanek, husband and wife, by Warranty Deed dated June 8, 1995 and recorded July 25, 1995 with the Pine County Recorder as document number 349307. 11. The legal descriptions used for Black Forest’s conveyances of the Blaze Property and Casey’s Property did not align with each other which created the Gap between the Blaze Property and Casey’s Property when Black Forest conveyed the Casey’s Property. 12. Because the legal descriptions for Black Forest’s conveyances of the Blaze Property and Casey’s Property did not align with each other, Black Forest inadvertently remained the record title owner of the Gap. 13. Upon information and belief, the Gap was intended to be conveyed as part of the Casey’s Property and was not intended to be retained by Black Forest. 14. Upon information and belief, the Gap was never subsequently conveyed by Black Forest to any other party. 15. Subsequent conveyances of the Blaze Property and Casey’s Property have used the same legal descriptions that originally created the Gap. 16. Upon information and belief, since the time that the Gap was inadvertently created through Black Forest’s conveyance of the Casey’s Property, Black Forest has not in any manner occupied, used, or maintained the Gap, or otherwise asserted any rights in the Gap. 17. Upon information and belief, since the time that the Gap was inadvertently created through Black Forest’s conveyance of the Casey’s Property, the Gap has been continuously occupied, used, and maintained by successive owners of the Casey’s Property. This has included, among other things, use of the Gap by Casey’s and its predecessors, and their respective employees, customers, guests, contractors, and other invitees, for access to the Casey’s Property 4 58-CV-24-200 Filed in District Court State of Minnesota 4/17/2024 4:06 PM from Main Street. Casey’s and their predecessors have maintained and improved the Gap by, among other things, maintaining and repairing the paved driveway, plowing the driveway, maintaining and tending the grass and vegetation areas that are not paved, and removing trash and debris. 18. Since approximately 2016, pursuant to an access easement agreement between Casey’s and Blaze (under its prior name Spire Credit Union), Blaze and its employees, customers, guests, contractors, and other invitees have used portions of the Gap for access to the Blaze Property. Blaze has also maintained and improved portions of the Gap by, among other things, maintaining and repairing the paved driveway, plowing the driveway, and removing trash and debris. 19. Upon information and belief, the usage and maintenance of the Gap by Casey’s and its predecessors since the Gap was inadvertently created in 1995 has been uninterrupted and continuous for a period of more than 15 years, and has been actual, open, notorious, hostile, exclusive and in a character consistent with usage and maintenance for a commercial property in the setting of the Casey’s Property. 20. Upon information and belief, Casey’s and its predecessors have paid the property taxes for the Gap as part of the Casey’s Property since the Gap was inadvertently created in 1995. 21. Upon information and belief, since the time that the Gap was inadvertently created through Black Forest’s conveyance of the Casey’s Property, Black Forest has never objected to or otherwise communicated, instructed, or demanded that any of the successive owners of the Blaze Property or Casey’s Property cease their use of the Gap. 22. The Gap should be part of the property owned by Casey’s so as to eliminate any gap between the Blaze Property and Casey’s Property. 5 58-CV-24-200 Filed in District Court State of Minnesota 4/17/2024 4:06 PM 23. Blaze does not claim or seek any title ownership interest in the Gap. 24. The legal description for the Casey’s Property plus the Gap, and which aligns with the Blaze Property so as to eliminate any gap between the Blaze Property and the Casey’s Property, is as follows: That part of Lot 26, AUDITOR’S SUBDIVISION of Section 33, Township 39, Range 21, Pine County, Minnesota, described as follows: Commencing at the South Quarter corner of Section 33; Thence on an assumed bearing of North 89˚11’30” East along the south line of Section 33 a distance of 40.0 feet to the East right of way line of Highway No. 61 and the point of beginning of the property to be described; Thence on a bearing of North along the East right of way line of Highway No. 61 a distance of 448.51 feet; Thence North 89˚19’ East 237.0 feet; Thence South 0˚23’ East 447.96 feet to the South line of Section 33; Thence South 89˚11’30” West along said South line 240.0 feet to the point of beginning. Including all rights in and to Highway No. 61 and it’s right of way. Excepting therefrom the South 165.00 feet as measured along the East and West lines thereof, now platted as COMMON INTEREST COMMUNTY NUMBER 20, PINE OAK PROPERTIES, A CONDOMINIUM. (“Revised Casey’s Legal Description”) 25. Blaze brings this action to address and resolve the gap in the legal descriptions between the Blaze Property and Casey’s Property. COUNT I – ABANDONMENT 26. Blaze restates and realleges the preceding paragraphs and incorporates them herein. 27. Since Black Forest’s conveyance of the Casey’s Property in 1995 which inadvertently created the Gap, the Gap has been continuously occupied, used, and maintained by successive owners of the Casey’s Property, and since approximately 2016, pursuant to an access easement agreement between Blaze and Casey’s, Blaze and its employees, customers, guests, contractors, and other invitees have used portions of the Gap for access to the Blaze Property. 6 58-CV-24-200 Filed in District Court State of Minnesota 4/17/2024 4:06 PM 28. Since Black Forest’s conveyance of the Casey’s Property in 1995 which inadvertently created the Gap, Black Forest has not in any manner occupied, used, or maintained the Gap, or otherwise asserted any rights in the Gap, and Black Forest has never objected to or otherwise communicated, instructed, or demanded that any of the successive owners of the Blaze Property or Casey’s Property cease their use of the Gap. 29. Black Forest’s lack of any occupation, use, or maintenance of the Gap, or to assert any rights in the Gap, since it was inadvertently created in 1995, and Black Forest’s lack of any communication, instruction, or any other demand that successive owners of the Blaze Property or Casey’s Property cease their use of the Gap, shows Black Forest’s intent to abandon any title ownership interest it inadvertently retained in the Gap. 30. Blaze is entitled to an order determining that Black Forest has abandoned any title ownership interest it inadvertently retained in the Gap, and that, based upon the abandonment of the Gap by Black Forest, Casey’s is now the fee title owner of the Gap and all land in the Revised Casey’s Legal Description such that the south boundary of the Blaze Property and the north boundary of the Revised Casey’s Legal Description align without any gap. COUNT II – DETERMINATION OF BOUNDARY LINES 31. Blaze restates and realleges the preceding paragraphs and incorporates them herein. 32. Minn. Stat. § 559.23 provides that any person owning land, or persons interested in adjoining land, may bring an action to have the boundary lines established. 33. Because the legal descriptions for Black Forest’s conveyances of the Blaze Property and Casey’s Property did not align with each other, the Gap was inadvertently created when Black Forest conveyed the Casey’s Property. 7 58-CV-24-200 Filed in District Court State of Minnesota 4/17/2024 4:06 PM 34. Black Forest has abandoned any ownership interest it may have inadvertently retained in the Gap and/or Casey’s and its predecessors established their ownership of the Gap through adverse possession. 35. Blaze is entitled to an order determining that Casey’s is now the fee title owner of the Gap and all land in the Revised Casey’s Legal Description such that the south boundary of the Blaze Property and the north boundary of the Revised Casey’s Legal Description align without any gap. COUNT III – DETERMINATION OF ADVERSE CLAIMS 36. Blaze restates and realleges the preceding paragraphs and incorporates them herein. 37. Minn. Stat. § 559.01 provides that any person in possession of real property may bring an action against another who claims an estate or interest therein, or a lien thereon, adverse to the person bringing the action, for the purpose of determining such adverse claim and the rights of the parties, respectively. 38. Blaze is in possession of the Blaze Property and uses and maintains portions of the Gap for access to the Blaze Property. 39. Since Black Forest’s conveyance of the Casey’s Property in 1995 which inadvertently created the Gap, the Gap has been continuously occupied, used, and maintained by successive owners of the Casey’s Property, and since approximately 2016, pursuant to an access easement agreement between Blaze and Casey’s, Blaze and its employees, customers, guests, contractors, and other invitees have used portions of the Gap for access to the Spire Property. 40. Black Forest has not in any manner occupied, used, or maintained the Gap, or otherwise asserted any rights in the Gap since the Gap was inadvertently created in 1995, and 8 58-CV-24-200 Filed in District Court State of Minnesota 4/17/2024 4:06 PM Black Forest has never objected to or otherwise communicated, instructed, or demanded that any of the successive owners of the Blaze Property or Casey’s Property cease their use of the Gap. 41. Black Forest has abandoned any ownership interest it may have inadvertently retained in the Gap and/or Casey’s and its predecessors established their ownership of the Gap through adverse possession. 42. Black Forest, or other unknown Defendants claiming through Black Forest, may claim rights, title, or interests in the Gap that are adverse to the rights of Blaze and Casey’s in the Gap. 43. Blaze is entitled to an order determining the parties’ respective rights in the Gap, determining that none of the Defendants, except for Casey’s, have any right, title, or interest in the Gap, and determining that Casey’s is now the fee title owner of the Gap and all land in the Revised Casey’s Legal Description such that the south boundary of the Blaze Property and the north boundary of the Revised Casey’s Legal Description align without any gap. COUNT IV – DECLARATORY JUDGMENT 44. Blaze restates and realleges the preceding paragraphs and incorporates them herein. 45. Minn. Stat. § 555.01 et seq. authorizes the Court to construe and declare the rights, status, and relations of the parties to this action regarding the Spire Property, Casey’s Property, and the Gap. 46. Black Forest has abandoned any ownership interest it may have inadvertently retained in the Gap and/or Casey’s and its predecessors established their ownership of the Gap through adverse possession. 47. Blaze is entitled to an order construing and declaring the parties’ respective rights in the Gap, determining that none of the Defendants, except for Casey’s, have any right, title, or 9 58-CV-24-200 Filed in District Court State of Minnesota 4/17/2024 4:06 PM interest in the Gap, and determining that Casey’s is now the fee title owner of the Gap and all land in the Revised Casey’s Legal Description such that the south boundary of the Blaze Property and the north boundary of the Revised Casey’s Legal Description align without any gap. WHEREFORE, Blaze requests an Order from the Court as follows: 1. For Count I, determining that Black Forest has abandoned any title ownership interest it inadvertently retained in the Gap, and that, based upon the abandonment of the Gap by Black Forest, Casey’s is now the fee title owner of the Gap and all land in the Revised Casey’s Legal Description such that the south boundary of the Blaze Property and the north boundary of the Revised Casey’s Legal Description align without any gap. 2. For Count II, determining that Casey’s is now the fee title owner of the Gap and all land in the Revised Casey’s Legal Description such that the south boundary of the Blaze Property and the north boundary of the Revised Casey’s Legal Description align without any gap. 3. For Count III, determining the parties’ respective rights in the Gap, determining that none of the Defendants, except for Casey’s, have any right, title, or interest in the Gap, and determining that Casey’s is now the fee title owner of the Gap and all land in the Revised Casey’s Legal Description such that the south boundary of the Blaze Property and the north boundary of the Revised Casey’s Legal Description align without any gap. 4. For Count IV, construing and declaring the parties’ respective rights in the Gap, determining that none of the Defendants, except for Casey’s, have any right, title, or interest in the Gap, and determining that Casey’s is now the fee title owner of the Gap and all land in the 10 58-CV-24-200 Filed in District Court State of Minnesota 4/17/2024 4:06 PM Revised Casey’s Legal Description such that the south boundary of the Blaze Property and the north boundary of the Revised Casey’s Legal Description align without any gap. 5. For such other and further relief as the Court deems just and equitable. BEST & FLANAGAN LLP Dated: April 17, 2024 /s/ David J. Krco David J. Krco (#0389382) 60 South Sixth Street, Suite 2700 Minneapolis, MN 55402 Ph: 612-349-5676 dkrco@bestlaw.com Attorneys for Plaintiff Blaze Credit Union ACKNOWLEDGMENT The undersigned hereby acknowledges that costs, disbursements, and reasonable attorney and witness fees may be awarded pursuant to Minn. Stat. § 549.211 to the party against whom the allegations in this pleading are asserted. BEST & FLANAGAN LLP Dated: April 17, 2024 /s/ David J. Krco David J. Krco (#0389382) 60 South Sixth Street, Suite 2700 Minneapolis, MN 55402 Ph: 612-349-5676 dkrco@bestlaw.com Attorneys for Plaintiff Blaze Credit Union 11 58-CV-24-200 Filed in District Court State of Minnesota 4/17/2024 4:06 PM 11' flab Law" 'fl Blaze Property E C La! I"! jun-r "rail "W (In. fr "37:! W'i [a Casey's Property gf' nib- 3'}? 0010"]? < . "3% git; f; . FESEU H J Exhibit 1 12 58-CV-24-200 Filed in District Court State of Minnesota 4/17/2024 4:06 PM LEGEND 0 40 FOUND 1/2 INCH X 14 INCH IRON RECORD DOCUMENT MONUMENT, MARKED "LS 53642" UNLESS NOTED OTHERWISE P.O.B. POINT OF BEGINNING N FOUND NAIL P.O.C. POINT OF COMMENCEMENT SCALE IN FEET DESCRIPTION OF PROPERTY (PARCEL 1 - BLAZE CREDIT UNION) (Per Warranty Deed Document No. 368312) That part of Lot Twenty-six (26), AUDITOR'S SUBDIVISION of Section Thirty-three (33), Township Thirty-nine (39), Range Twenty-one (21), described as follows: Commencing at the south quarter corner of Section 33; thence on an assumed bearing of North 89°11'30" East along the south line of Section 33 a distance of 40.0 feet to the east right-of-way line of Highway No. 61; thence on a bearing of North along the east right-of-way line of Highway No. 61 a distance of 448.51 feet to the point of beginning of the property to be described; thence continuing on a bearing of North along said east line 162.2 feet to the south line of Hillside Avenue; thence North 89°55' East along said south line 303.28 feet to the west line of 4th Street; thence South 1°03' East along said west line 159.03 feet to the intersection with a line that bears North 89°19' East from the point of beginning; thence South 89°19' West 306.22 feet to the point of beginning, EXCEPT that part thereof lying within the following described parcel: That part of Lot 26 Auditor's Subdivision of Sec. 33, Twp. 39, Range 21, described as follows: Commencing at the South Quarter corner of Sec. 33; Thence on an assumed bearing of North 89°11'30" East along the South line of Section 33 a distance of 40.0 feet to the East right of way line of Highway No. 61; Thence on a bearing of North along the East right of way line of Highway No. 61 a distance of 448.51 feet; Thence North 89°19' East 237.0 feet to the point of beginning of the property to be described; Thence South 0°23' East 447.96 feet to the W:\2023\23062\CADD DATA\SURVEY\_dwg Sheet Files\S23062-EXH-GAP South line of Section 33; Thence North 89°11'30" East along the south line of Section 33 a distance of 74.43 feet to the West line of 4th Street; Thence North 1°03' West along the West line of 4th Street 447.8 feet to the intersection with a line that bears North 89°10' East from the point of beginning; Thence South 89°10' West 69.22 feet to the point of beginning. Together with the easement or right of access as contained in Quit Claim Deed Microfilm No. 304451. DESCRIPTION OF PROPERTY (PARCEL 2 - CASEY'S RETAIL COMPANY) (Per Quit Claim Deed Document No. A-527639) All that part of the Southwest Quarter of the Southeast Quarter (SW l/4 of SE l/4), or that part of Lot Twenty-six (26), Auditor's Subdivision of Section Thirty-three (33), Township Thirty-nine (39), Range Twenty-one (21), described as follows: Beginning at an iron monument 36 feet due East of the South Quarter corner of said Section Thirty-three (33), said iron monument being on the East right of way line of State Trunk Highway #61; thence Northerly along the East Right of way line of said Highway #61 for 442 feet; thence Easterly 237 feet to a point 10 feet North of an iron monument which is 276 East and 432 feet North of the aforesaid Quarter corner; thence South 442 feet to an iron monument which is 276 feet East of the aforesaid Quarter corner; thence Westerly at right angles to the point of beginning; including all rights in and to Trunk Highway #61 and its right of way, less the South 165 feet thereof. Pine County, Minnesota LOUCKS I hereby certify that this survey, plan or report was prepared by me or under my direct EXHIBIT supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. 02/16/24 Jason P. Terczynski - PLS License No. 57073 Date Loucks Project No. 23062 13 Exhibit 2