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WHEREAS, after obtaining the building permit, Mr. and Mrs. <br />Johnson closed on the sale of their home at 5831 Hytrail Avenue <br />North, Lake Elmo, MN, on October 30, 1989 (see Settlement Statement <br />attached as Exhibit 8); and <br />WHEREAS, on October 31, 1989, Mr, and Mrs. Johnson closed on <br />the sale of the purchase of their property at 2945 Lake Elmo Avenue <br />North, (see Settlement Statement attached as Exhibit 9); and <br />WHEREAS, on November 6 and 7, 1989, Mr. Johnson negotiated <br />with Morton Buildings, Inc. for the construction of a storage <br />building 36' x 28' feet in size, together with a 36' x 28' canopy, <br />(see Proposals attached as Exhibit 10); and <br />WHEREAS, on November 17, 1989, Mr. Johnson entered into a <br />written contract with Morton Buildings, Inc. for the construction <br />of the building in accordance with the plans at a price of <br />$16,874.00 with $1,700.00 paid down on the contract (see Contract <br />attached as Exhibit 11); and <br />WHEREAS, the contract called for the construction site to be <br />prepared by Mr. Johnson and to be ready by November 17, 1989, (see <br />Contract attached as Exhibit 12); and <br />WHEREAS, pursuant to an oral contract between Mr. Johnson and <br />Vic's Excavating, the. building site was excavated at a cost of <br />$900.00 which included the removal of approximately 60 trees <br />consisting of ash, maple, and other types of trees; and <br />WHEREAS, upon closing on the sale of their home at 5831 <br />Hytrail Avenue North, Lake Elmo, MN, Mr. and Mrs. Johnson rented <br />storage space to store the equipment intended for the proposed <br />storage building at a rate of $92.00 per month; and <br />WHEREAS, on November 28, 1989, the City Building Official <br />suspended the Building Permit #89-254 informing Mr. Johnson that <br />the canopy area not be constructed and that the City Council <br />Members would discuss the matter at their meeting of December 5, <br />1989 (see letter attached as Exhibit 13); and <br />WHEREAS, the City Council considered the proposed construction <br />at its meeting of December 5, 1989, and referred the matter to a <br />City Council Committee consisting of Council Members Williams and <br />Graves with full authority to make a settlement or decision on the <br />matter on behalf of the City Council; and <br />WHEREAS, on December 6, 1989, Council Members Williams and <br />Graves met with Mr. and Mrs. Johnson, their attorney Richard J. <br />Schieffer and the City Attorney, Steven Carlson at City Hall; and <br />fie <br />