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2020-143 Council Resolution
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2020-143 Council Resolution
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2/20/2021 12:51:49 PM
Creation date
12/1/2020 12:37:45 PM
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City Council
Council Document Type
Resolutions
Meeting Date
11/23/2020
Council Meeting Type
Regular
Resolution #
20-143
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• <br />2. The City is installing a stormwater project (the "Project") that required acquisition <br />of certain interests in the portions of the Property as more fully described in <br />Exhibit A. The City will install the infrastructure at depths and locations generally <br />consistent with the October 12, 2020 plans prepared by WSB Engineering, and <br />will conspicuously flag the manholes identified in the plans. <br />3. The City filed a Petition in Condemnation in Anoka County District Court, Court <br />File No. 02-CV-19-5586, to acquire the Exhibit A property interests over the <br />Property. The District Court granted the Petition. <br />4. The City has undertaken a redesign of the Project and Owners have been in <br />discussions that would decrease the amount of land needed by the City for the <br />redesigned Project. <br />5. Owners wish to have the City reconvey to them those portions of the Property that <br />were acquired that will not be needed for the Project given the redesign of the <br />Project. <br />6. The parties hereto have reached agreement on just compensation due for the <br />revised taking. <br />Based on the above, the parties agree as follows: <br />1. The City agrees to reconvey to the Owners, by limited warranty deed, the property <br />interests described in Exhibit B. <br />2. The Owners shall convey to the City a drainage and utility easement and <br />temporary construction easements for the Project on the terms set forth in the <br />drainage and utility easement attached hereto as Exhibit C. This conveyance is <br />intended to convey an easement only, and no fee interest is being conveyed to the <br />City. <br />3. The Owners stipulate to just compensation for the acquisition in the amount of <br />$250,000, which shall constitute full and final payment for the taking and <br />acquisition of lands, as adjusted by this Stipulation and Settlement. <br />4. The City has previously deposited the sum of $438,800 with the District Court as <br />its appraised value of the interests of the Owners initially acquired by the City. By <br />this stipulation, the parties agree that the Anoka County Court Administrator may <br />disburse the amount of $250,000, made payable to the Owners jointly, and may <br />disburse the balance of the deposited funds to the City. The parties agree to file a <br />joint request, which will be prepared by the City at its expense, for release of the <br />funds upon their exchange of the limited warranty deed and drainage and utility <br />easement referenced in paragraphs one and two above. The joint request shall <br />provide for equal apportionment of the $250,000, with payable to Hal and <br />
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