03-13-1985 Council Agenda - Laserfiche WebLink

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Thomas M. Sweeney James J. O'Connor John H. LeMay George F. Borer Marcus S. Teichner Sweeney, O'Connor & LeMay Professional Association Attorneys at Law Suite 1200 Northern Federal Building St. Paul, Minnesota 55102 January 9, 1985 Mr. Joseph G. Chlebeck City Clerk 515 Little Canada Road Little Canada, Minnesota 55117 Re: St. Jude's, et al vs. City of Little Canada Our File No. 5019 Dear Joe: Telephone (612) 222 -2541 As we have previously discussed on numerous occasions, the above - captioned matter was set for trial on a day certain for January 9, 1985, in the Ramsey County District Court. The historical facts are as follows: On September 7, 1983, the City Council assessed Improvement Project 81 -8, which included certain assessments against St. Jude's property, as follows: sanitary sewer, $7,915.50; water, $10,683.00; and street, (Jackson Street) $12,793.50, which total $31,392.00. The attorneys for St. Jude filed the appropriate Notice of Appeal of Assessment, which alleges, among other things, that the improvements do not benefit the St. Jude's facility. The attorney for St. Jude also indicated that the north and east boundaries of their property is subject to a 100 foot buffer zone. He further has indicated that there was an agree- ment with the City that St. Jude would convey the necessary easement to the City subject to the agreement that St. Jude would not be assessed for the construction of sewer, water, or street. After an extensive review of City files and minutes, we have been unable to find evidence to support our argument that St. Jude, in fact, had agreed to be specially assessed for these improvements. However, after extensive discussions with the attorney for St. Jude, it appears that this matter may be resolved on the following basis: 1. To the extent necessary, St. Jude will provide a recordable road and utility easement for the necessary property relating to this public improve- ment; 03