The Marseilles Land and Water Company v. Marseilles Hydro Power, LLC et al

Filing 20

MOTION by Plaintiff The Marseilles Land and Water Company for judgment of possession by default as to Robert L. Newkirk and.460 Acres (Attachments: # 1 Exhibit A, B and C)(Curth, Daniel)

/~O 440 (Rev. ~5/00)Summons in a Civil Action

UNITED STATES DISTRICT COURT
NORTHERN DtSTRTCT OF ILLINOIS

SUMMONS IN A CIVIL CASE
The Marseilles Land and Water Company

13-cv-07785
CASE NUMBER:

~.
Marseilles Hydro Power, LLC, et al.

AssicrNEV JuDC~: Harry D. Leinenweber
Drs~GNa~r~~~l~
M~cJis~r~xn~r~ J`uUC~L:

Mary M. Rowland

T~: Name and address of Defendant)

Robert L. Newkirk
521 Broadway Street
Marseilles, IL 61341

YOU ARE HEREBY SUMMONED and required to serve upon PLAINTIFF'S ATTORNEY ~»~m~ ana aaa~~ess~

Daniel C. Curth
Freeborn &Peters LLP
311 S. Wacker Drive, Suite 3000
Chicago, IL 60606

days after service of this
an answer to the complaint which.is herewith served upon you,within ~ ~
of the day of service. If you fail to do so,judgment by default will he taken against you for
summons upon you., exclusive
the ~•eliefdemanded in tl~e complaint. You must also file your answer with.the Clerk afthis Court within a reasonable period
of time after service.

TI-IOM~S G. BRCITON,CI.;ERK

November 1, 2013
~Eiy~ ~'~'HQ~✓IAS G. BRUTON,CLERK
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(By)DEPUTY CLERK

November 1, 2013
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AO 440 (Rev. OS/00) Summons in a Civil Action

RETURN OF SERVICE
DA"ft;
Service ofthe Summons and complaint vas made by me~~~
'T'I'1'L,L

NAME•, OF SLsRVER (PXIN"1)

Check one finx below to indicate appropriate method of'service
O Served pe~sonaliy upon the defendant. Place where served:

D Left copies thereof at the defendant's dwelling house or usual place of abode with a person of suitable age and
discretion then residing therein.
Name oi'person with whom the summons and complaint were leis:
u Returned unexecuted:

D Other (specify):

STATEA~IENT OI+ SERVICE FEES

~~~znvE~t,

s1EZVicLS

~ro~r nl.,

DECLARATION OF SERVER
I declare under penally ol'perjw•y under the laws ol'the United States of America. t}iat the foregoing information
contained in the Retiu•n of Scrviee and Statement of Service Pecs is true and correct.

Executed nn
Date

Signature ofServer

Address ofSen~er

(I) As to who may serve a summons see Rule 4 of the Federal Rules of Civil Procedure.

Case: 1:13-cv-07785 Document #: 6 Filed: 11/01/13 Page 1 of 3 PagelD #:186

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
THE MARSEILLES LAND AND WATER
COMPANY,an Illinois corporation,
Plaintiff,
Case No.

v.

13-cv-7785

MARSEILLES HYDRO POWER,LLC,
a Wisconsin limited liability company,
13.76 ACRES, MORE OR LESS,
SITUATED IN LASALLE COUNTY,
ILLINOIS, RENEWABLE WORLD
ENERGIES,a Wisconsin limited liability
company, ROBERT L. NEWKIRK,.460
ACRES, MORE OR LESS, SITUATED
IN LASALLE COUNTY,ILLINOIS,
MAGIC SLEEP MATTRESS COMPANY,
INC., an Illinois Corporation,.547 ACRES,
MORE OR LESS, SITUATED IN
LASALLE COUNTY,ILLINOIS,
DYNESTY CUSTOM BUILDERS,LLC,
an Illinois Limited Liability Company,
.252 ACRES, MORE OR LESS,
SITUATED IN LASALLE COUNTY,
ILLINOIS and UNKNOWN OWNERS,
Defendants.
NOTICE OF CONDEMNATION
TO:

All those persons and entities listed in Schedule "B", attached hereto and

made a part hereof.
NOTICE: You are hereby notified that a Complaint For Eminent Domain has been filed
in the Office of the Clerk of the United States District Court for the Northern District of Illinois,
Eastern Division, to condemn and take title, in fee simple to certain property, described in

Case: 1:13-cv-07785 Document #: 6 Filed: 11/01/13 Page 2 of 3 PagelD #:187

Schedule "A" attached hereto, and to extinguish certain easements, also described in Schedule
"A". The authority for the condemnation is under and in accordance with 16 U.S.C. § 814.
The uses for which the land is to be taken are as follows: The land has been deemed
"FERC") for the construction,
necessary by the Federal Energy Regulatory Commission (
maintenance, or operation of a dam, reservoir, diversion structure, or the works appurtenant or
accessory thereto, specifically including the construction and operation of a hydroelectric plant
in Marseilles, Illinois. FERC has found that the project's power and contribution to the region's
diversified generation mix will help meet a need for power in the region.
If you have any objection or defense to the taking of the property in which you may have
or claim some interest, you are required to serve upon Plaintiff's attorney, at the address below,
within twenty-one (21) days after service of this Notice upon you, exclusive of the date of
service, an Answer to Plaintiff's Complaint identifying the property in which you claim to have
an interest, stating the nature and extent of the interest claimed and stating all your objections
and defenses to the taking of the property.
A failure to serve an Answer shall constitute a consent to the taking and to the authority
of the court to proceed to hear the action and to fix the just compensation you shall receive for
the land at issue that Plaintiff seeks to condemn. It shall also constitute a waiver of all defenses
and objections.
If you have no objection or defense to the taking you may file with the court, and serve
on the Plaintiff's attorney, a notice of appearance designating the property in which you claim to
be interested and thereafter you shall receive notice of all proceedings affecting the said
property.

2

Case: 1:13-cv-07785 Document #: 6 Filed: 11/01/13 Page 3 of 3 PagelD #:188

You are further notified that at the trial of the issue ofjust compensation, whether or not
you have answered or served a notice of appearance, you may present evidence as to the amount
of compensation to be paid for the property acquired herein and you may share in the distribution
of the award for compensation.
You are further notified, however, that unless you file a notice of appearance, this
proceeding may proceed to pretrial or trial without further notice to you.

DATED: November 1, 2013

Respectfully submitted,
The Marseilles Land and Water Company

By:

/s/ Daniel C. Curth
One of Its Attorneys

Daniel C. Curth (6229090)
Freeborn &Peters LLP
311 S. Wacker Drive
Suite 3000
Chicago,IL 60606
312.360.6000
[e-mail]

2961744v1/29534-0001

3

Case: 1:13-cv-07785 Document #: 6-1 Filed: 11/01/13 Page 1 of 8 PagelD #:189

SCHEDULE "A"
COUNTI
INTEREST TO BE ACQUIRED:

LEGAL DESCRIPTION:

Fee Simple of 13.76 Acres, more or less, believed to be
owned by Marseilles Hydro Power, LLC.
PARCEL #2:
The North Head Race as shown on the replatting of
Land and Water Power Company's addition to
Marseilles Illinois as Surveyed by William H. Irwin and
recorded in Plat Book C2 Page 94A at the LaSalle
County Recorders Office, from the West Line of Main
Street to the West Line of Lot 18 in Water Block of said
Land and Water Power Company's addition to
Marseilles.
The North 10 feet of the 30 foot reserve strip lying
between the West Line of the East 20 feet of Lot 14 and
the West Line of Lot 18 in Water Block in the Land and
Water Power Company's addition to the town of
Marseilles, in the County of LaSalle and state of Illinois,
as platted in Plat Book H at Pages 44 and 45 and as
shown on the replatting of part of Land and Water
Power Company's addition to Marseilles Illinois as
surveyed by William H. Irwin and recorded in Plat Book
C2 page 94A at the LaSalle County Recorders Office.
A 10 foot strip of land in the Land and Water Power
Company's addition to the town of Marseilles, bounded
on the South by the North Line of the North Head Race
as constructed, on the East by the South Line of
Underhill Street, and on the West by the East Line of
Lot 19 on Commercial Street in Warehouse Block of
said Land and Water Power Company's addition
extended Southerly.
PARCEL #3:
All of Block 19, except the two buildings and the land
underneath the two buildings presently existing on Lots
8 and 9 and fronting upon Main Street, and reserving to
the owners of the two buildings a six foot wide nonexclusive easement contiguous to the external walls of
each building as they now exist for the use of

Case: 1:13-cv-07785 Document #: 6-1 Filed: 11/01/13 Page 2 of 8 PageiD #:190

maintaining and accessing said buildings and for no
other use, on the condition that said owners maintain
such easement areas and not obstruct temporarily or
permanently full access to and use of any part of the
easement areas by the owners of the remainder of Block
19 and their successors and assigns to maintain fences
and locked gates in the easement areas where those areas
abut Main Street, in the Original Town of Marseilles;
PARCEL #4:
All of Block 20, except Lots 1, 2, 3, 15, 16 and the
Northeast part of Lot 4 in the Original Town of
Marseilles;
PARCEL #5:
Lots 15 and 16, except the West 20 feet; Lot 1, except
the South 50 feet of the West 20 feet; Lot 2, except the
South 50 feet; Lots 3 and 4; the Northeast part of Lots 5
and 6 in Block 30 in the Original Town of Marseilles;
PARCEL #6:
All of Block 29, except the Northwest point of Lots 1
and 2 in the Original Town of Marseilles;
PARCEL #7:
All of Block 32 in the Original Town of Marseilles;
ALL SITUATED IN LASALLE COUNTY,ILLINOIS
PIN NOS.:

15-49-435-006; 15-49-431-001; 15-49-434-019;
15-49-434-017; 15-55-200-002; 15-55-200-003.

OTHER PERSONS HAVING OR
CLAIMING AN INTEREST:

Renewable World Energies and Unknown Owners.

Case: 1:13-cv-07785 Document #: 6-1 Filed: 11/01/13 Page 3 of 8 PagelD #:191

COUNT II
INTEREST TO BE ACQUIRED:

Fee Simple of .460 acres, more or less, believed to be
owned by Robert Newkirk.

LEGAL DESCRIPTION: PARCEL #1:
That part of Lot 1 in Block 31 in the Original Town of
Marseilles, Vacated Wallace Street and Vacated Minden
Street described as follows:
Commencing at the Northwest corner of Lot 2 in the
Original Town of Marseilles, thence South 76 degrees
18 minutes 32 seconds East along the North line of said
Lot 2 and the Southerly line of the vacated portion of
Wallace Street to the Point of Beginning; thence North
13 degrees 32 minutes 39 seconds East 60.00 feet to a
point on the Northerly line of the vacated portion of
Wallace Street; thence South 76 degrees 18 minutes 40
seconds East 91.17 feet along said Northerly line to the
Westerly line of the South Head Race; thence South 17
degrees 43 minutes 00 seconds East 60.25 feet along
said Westerly line; thence South 09 degrees 30 minutes
15 seconds East 45.33 feet along said Westerly line to a
point on the Westerly line of Lot 8 in Block 32 in the
Original Town of Marseilles and the Easterly line of the
vacated portion of Minden Street; thence South 13
degrees 29 minutes 30 seconds West 108.20 feet along
the Westerly line of Lot 8 and Lot 9 in Block 32 in the
Original Town of Marseilles and said Easterly line of the
vacated portion of Minden Street; thence North 11
degrees 24 minutes 13 seconds West 156.04 feet to a
point on the Southerly line of the vacated portion of
Wallace Street and the Northerly line of said Lot 1 in the
Original Town of Marseilles; thence North 76 degrees
18 minutes 40 seconds West 74.51 feet along the
Southerly line of the vacated portion of Wallace Street
and the Northerly line of said Lot 1 in the Original Town
of Marseilles to the Point of Beginning containing 0.252
acre more or less and all situated in the City of
Marseilles, LaSalle County, Illinois.
PARCEL #2:
That part of the Original Town of Marseilles, LaSalle
County, Illinois described as follows:

Case: 1:13-cv-07785 Document #: 6-1 Filed: 11/01/13 Page 4 of 8 PagelD #:192

Beginning at the Southwest corner of Lot 9 in Block 32
in the Original Town of Marseilles; thence South 76
degrees 17 minutes 59 seconds East 85.34 feet along the
South line of the Lots 9 and 10 in Block 32 in the
Original Town of Marseilles; thence South 04 degrees
40 minutes 30 seconds East 32.17 feet; thence South 78
degrees 387 minutes 14 seconds West 69.82 feet; thence
South 13 degrees 39 minutes 54 seconds West 136,70
feet to the North line of the Illinois River; thence North
81 degrees 48 minutes 22 seconds West 31.75 feet along
the North line of the Illinois River; thence North 13
degrees 29 minutes 30 seconds East 199.87 feet to the
Point of Beginning containing 0.208 acres more or less
excepting therefrom that portion of the parcel lying
under the water surface of the South Chanel of the Head
Race and all situated in the City of Marseilles, LaSalle
County, Illinois.
PIN NOS.:
OTHER PERSONS HAVING OR
CLAIMING AN INTEREST:

Part of 15-49-438-015
Unknown Owners.

Case: 1:13-cv-07785 Document #: 6-1 Filed: 11/01/13 Page 5 of 8 PagelD #:193

COUNT III
INTEREST TO BE ACQUIRED:

LEGAL DESCRIPTION:

Fee Simple of .547 acres, more or less, believed to be
owned by Magic Sleep Mattress Company, Inc.
PARCEL #1:
Lots 21 and 23 in Warehouse Block on Commercial
Street in land and Water Company's Addition to the
Town of Marseilles and part of Underhill Reserved
Street lying South of said Lots 21 and 23 according to
the Plat recorded in Plat Book "H" at pages 44 and 45
described as follows:
Beginning at the Northwest corner of said Lot 23; thence
South 74 degrees 25 minutes 25 seconds East 120.00
feet along the South line of Commercial Street; thence
South 15 degrees 38 minutes 04 seconds West 150.90
feet; thence North 73 degrees 43 minutes 33 seconds
West 11.74 feet; thence South 30 degrees 14 minutes 07
seconds West 35.00 feet to a point on the South line of
Underhill Reserved Street; thence North 74 degrees 22
minutes 54 seconds West 99.44 feet along said South
line to a point on the West line of said Lot 23 extended
Southerly; thence North 15 degrees 38 minutes OS
seconds East 184.55 feet along said West line to the
Point of Beginning containing 0.496 acres more or less
and all situated in the City of Marseilles, LaSalle
County, Illinois.
PARCEL #2:
Part of Underhill Reserved Street lying South of Lots 5
and 7 and South of Reserved Street between said Lots 5
and 7 in Warehouse Block on Commercial Street in
Land and Water Company's Addition to the Town of
Marseilles according to the Plat recorded in Plat Book
"H" at pages 44 and 45, described as follows:
Commencing at the Northwest corner of Lot 23 in said
Warehouse Block; thence South 15 degrees 38 minutes
OS seconds West 184.55 feet along the West line of Lot
23 extended Southerly; thence South 74 degrees 22
minutes 54 seconds East 99.44 feet; thence South 74
degrees 08 minutes 30 seconds East 76.57 feet; thence
South 74 degrees 25 minutes 25 seconds East 356.96 to

Case: 1:13-cv-07785 Document #: 6-1 Filed: 11/01/13 Page 6 of 8 PagelD #:194

the Point of Beginning; thence North 81 degrees 24
minutes 51 seconds East 253.97 feet; thence South 08
degrees 19 minutes 53 seconds East 9.18 feet; thence
South 81 degrees 26 minutes 45 seconds West 233.76
feet; thence North 74 degrees 25 minutes 26 seconds
West 22.11 feet to the Point of Beginning containing
0.052 acres more or less and all situated in the City of
Marseilles, LaSalle County, Illinois.
PIN NOS.:

Part of 15-49-428-001
Part of 15-49-428-015
Part of 15-49-430-002

OTHER PERSONS HAVING OR
CLAIMING AN INTEREST:

Unknown Owners.

Case: 1:13-cv-07785 Document #: 6-1 Filed: 11/01/13 Page 7 of 8 PagelD #:195

COUNT IV
INTEREST TO BE ACQUIRED:

Fee Simple of .252 acres, more or less, believed to be
owned by Dynesty Custom Builders, LLC.
Extinguishment of certain easement rights believed to be
granted to and/or benefit real property owned by
Dynesty Custom Builders, LLC, and recorded in the
LaSalle County Recorder's Office as Doc # 91-03849,
Doc # 96-02199 and Doc # 96-21186.

LEGAL DESCRIPTION: PARCEL #1:
That part of Lot 1 in the Resubdivision of part of
Marseilles Land and Water Power Company's Addition
to the City of Marseilles, LaSalle County Illinois
according to the Plat thereof recorded July 8, 1992 as
document No. R92-12865 described as follows:
Beginning at the Northeast corner of said Lot 1; thence
South 10 degrees 40 minutes 21 seconds West 60.00 feet
along the East line of said Lot; thence North 78 degrees
07 minutes 38 seconds West 259.31 feet; thence South
76 degrees 30 minutes 14 seconds West 250.92 feet;
thence South 76 degrees 09 minutes 49 seconds West
16.07 feet to a point on the West line of said Lot 1;
thence North 13 degrees 51 minutes 02 seconds West
20.10 feet along said West line; thence North 76 degrees
31 minutes 21 seconds East 5.97 feet; thence North 14
degrees 08 minutes 39 seconds West 10.00 feet; thence
North 76 degrees 31 minutes 21 seconds East 326.48
feet; thence South 78 degrees 09 minutes 06 seconds
East 202.85 feet to the Point of Beginning containing
0.252 acres more or less and all situated in the City of
Marseilles, LaSalle County, Illinois.
PIN NOS.:
OTHER PERSONS HAVING OR
CLAIMING AN INTEREST:

Part of 15-49-443-002
Unknown Owners.

Case: 1:13-cv-07785 Document #: 6-1 Filed: 11/01/13 Page 8 of 8 PagelD #:196

SCHEDULE "B"
Marseilles Hydro Power, LLC
Registered Agent Solutions, Inc.
901 S. 2°d Street, Suite 201
Springfield, IL 62701
Marseilles Hydro Power, LLC
William D. Harris, Manager
100 North State Street
Neshkoro, WI 54960
Renewable World Energies, LLC
William D. Harris, Registered Agent
100 North State Street
Neshkoro, WI 54960
Robert L. Newkirk
521 Broadway Street
Marseilles, IL 61341
Magic Sleep Mattress Company,Inc.
Sam Carlino, Registered Agent
220 Commercial Street
Marseilles, IL 61341
Magic Sleep Mattress Company, Inc.
Sam Carlino, President
507 N. Raven
Shorewood, IL 60531
Dynesty Custom Builders, LLC
Scott Olson, Managing Member &Registered Agent
403 Meadow Lane
Newark,IL 60541
Dynesty Custom Builders, LLC
c/o Daniel D. Drew, Esq.
Tressler, LLP
233 S. Wacker Drive
22"a Floor
Chicago, IL 60606

2961805v1/29534-0001

Case: 1:13-cv-07785 Document #: 12 Filed: 12/03/13 Page 1 of 1 PagelD #:231

+68286*
Law firm rcf#: 29S34-0001

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS
THE MARSEILLES LAND AND WATER COMPANY,

Case No.: 13 cv 07785

Plaintiffs),

~,

vs.
MARSEILLES HYDRO POWER,C,LC, ~T AL.,
Defendant(s).

Ross B. Ra ke, Being first duly sworn on oath, deposes and states the following:
I am over tha age of 18 and not a party to this action. T have been appointed by the court to serve process in the
abovc mentioned cause and/or am e special appointed process secvec, a licensed private investigator, andlor an
employeelagent of ATG LagalServe, Inc., Illinois Department of Financial and Professional Regulation
number 117.001494.
DEFENDANT TO BE SERVED: ROBERT L. NEWHIRK
I, Served the within named DEFENDANT on November 07,2013 @ 11:50 AM
MDIVIDUAL SERVICE: By delivering to the within named DEFENDANT a copy ofthis process personally.
TYPE OP PROCESS:SUMMONS IN A CCViL CASE AND COMPLAINT FOR EMYNEIVT DOMAYN
AND NOTICE OF CONDEEMNATION
ADDRESS WHERE SERVED:311 N. MAIN STREET,SENECA,YY.61360
The sex, race and approximate age of the defendant or other person with whom the copy of this process was
left is as follows:
Sex: Male —Skin: Caucasian —Hair: Gray — Approx. Age:60 -- Hefght: Sft4in--5ft8in — Weight: 2QO lbs

The undersigned verifies that the statements set forth in this Affidavit of Service are true and co ect.
State of._J~-~( ~.
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Ross B, adke

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co~,cy or_L~ ' Q--t
This i
ment was su nbe~~orn to before me on ~ ~
BY ~4.~~5 ~~(,,,_, (namc/s of persoNs
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"OFFICIAL SEAL"
Debbie L Radke

Notary Public, Stage of Illinois
My Commission Expires 3/15/2p14

3

(date)

ATQ [.egalServe Inc
1 South Wacker Drive, 24th Floor
Chicago, IL 60606
312.752.1992