Quiet Title Action - Ellis vs Capelle
STATE OF MINNESOTA
COUNTY OF WABASHA
DISTRICT COURT
THIRD JUDICIAL DISTRICT
Court File No. 79-CV-25-312
CASE TYPE: Quiet Title Action
SUMMONS
Chad Ellis and Laura Ellis,
Plaintiffs,
vs.
Jack Capelle, his heirs and Assigns, and other persons,
unknown, claiming any right title estate, interest or lien in the real property described in the Complaint herein,
Defendants. __________________________
THE STATE OF MINNESOTA
TO THE ABOVE-NAMED
DEFENDANTS:
YOU are hereby summoned and required to serve upon Plaintiffs’ attorney an Answer to the Complaint which is on file in the Office of the Court Administrator of the above-named Court within twenty (20) days after service of the first day of publication. If you fail to do so, judgment by default will be taken against you for the relief demanded in the Complaint.
This action involves, affects, or brings into question real property situated in the County of Wabasha, State of Minnesota, described as follows, to-wit:
That part of the Southwest Quarter of the Southeast Quarter of Section 34, Township 109 North, Range 14 West, Wabasha County, Minnesota, described as follows:
Commencing at the southeast corner of said Section 34; thence North 89 degrees 23 minutes 50 seconds West, oriented with the Wabasha County coordinate system, NAD 83 (HARN), along the south line of the Southeast Quarter of said Section 34, a distance of 1721.88 feet; thence North 0 degrees 36 minutes 10 seconds East, a distance of 808.32 feet to the point of beginning of the land to described; thence North 47 degrees 59 minutes 07 seconds West, a distance of 131 feet, more or less, to the shoreline of Lake Zumbro; thence westerly and northwesterly, along said shoreline, a distance of 262 feet, more or less, to the southeasterly line of the most southerly parcel of the Sharon Spaulding property as described in Wabasha County Do. No. 260548; thence south 71 degrees 00 minutes 27 seconds West, along said southeasterly line, a distance of 48 feet, more or less, to the most southerly corner of said Spaulding property; thence south 71 degrees 00 minutes 27 seconds West, along the southwesterly extension of the southeasterly line of said Spaulding property, a distance of 6.60 feet to the centerline of Ryans Bay Road, as documented in the recorded plat of BAYVIEW HIGHLANDS; thence southeasterly along said centerline, a distance of 436.59 feet, being a non-tangential curve, concave to the northeast, having a radius of 500.00 feet, a central angle of 50 degrees 01 minutes 46 seconds, a chord bearing of South 56 degrees 42 minutes 47 seconds East and a chord length of 422.85 feet to the intersection with a line bearing South 8 degrees 16 minutes 19 seconds West from the point of beginning; thence North 8 degrees 16 minutes 19 seconds East, a distance of 25.38 feet to the point of beginning.
Subject to all easements and restrictions of record.
The object of this action is to obtain a judgment that the Plaintiffs are owners in fee of the above-described real property, and that Defendants do not have the estate or interest indicated in the tract index.
Dated this 4th day of May, 2025
/s/ Travis M. Ohly
James C. Ohly
Reg. No. 203749
Travis M. Ohly
Reg. No. 0347176
Ohly Law Office Ltd.
Attorneys for Plaintiffs
1850 North Broadway
Rochester, MN 55906
(507) 289-4529
Published in the Lake City Graphic
on June 12, 19 & 26, 2025