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470 Pillsbury Center <br /> Kennedy 200 South Sixth Sues <br /> Minneapolis MN 55402 <br /> (612)337-9300 telephone <br /> &Graven (612)337-9310 fax <br /> e-mail:attys@kennedy-gravcrLcorfl • <br /> CHARTERED <br /> ROBET J.LINDALI: <br /> Atromey at Law <br /> • <br /> Certified Rost Pmpeny Law Spc446t <br /> Direct Dial(612)337-9219 <br /> February 28, 1997 <br /> BY FAX AND MAIL <br /> Pam Sheldon 784-3462 <br /> Director, Comm Dev. <br /> City of Mounds View <br /> 2401 Highway 10 <br /> Mounds View, MN 55112-1499 <br /> RE: City of Mounds View v. Moundsview Square Associates <br /> Ramsey County District Court File No. C5 96 10940 <br /> Pedestrian Bridge Easement • <br /> Dear Pam: <br /> This is a follow-up to our telephone conversation on February 25, 1997. At that time you told <br /> me that the City Council has directed the staff to discontinue further efforts to build the <br /> pedestrian bridge across T.H.10. At the time of our telephone conversation, I advised you that <br /> we had substantially'completed the acquisition of the bridge easement and that I feel the cost of <br /> undoing our efforts will be greater than for us to complete them. <br /> We filed the condemnation petition on October 28, 1996. It was necessary to use publication to <br /> acquire jurisdiction over one of the parties and the district court changed its procedures <br /> concerning the use of referees to hear condemnation proceedings. These two factors led to the <br /> delay of the matter on the court's calendar until January 29, 1997. On that date the judge to <br /> whom the matter was referred approved the condemnation petition and appointed condemnation <br /> commissioners. On that date the judge also approved the so-called quick take order authorizing <br /> transfer of title and possession of the easement to the City upon the payment to the. owner or <br /> deposit with the district court of the petitioner's approved appraisal value. On February 11, 1997, <br /> the attorneys for the City and Moundsview Square Associates, LLP entered into a stipulation and <br /> settlement under which Associates: (a) consented to the issuance by the court of the orders <br /> approving the petition and authorizing the transfer of title and possession of the easement in favor <br /> of the City; (b) agreed to grant the easement sought by the City in the proceedings provided that <br /> the easement is consistent with the form attached to the stipulation; (c) consented'to the issuance <br /> of an award of damages in the amount of$1.00 payable to Associates due to the taking of the <br /> RLD1185Q7 <br /> MV125-59 <br /> 9 t/Z 3DVd 0 t c6GEEZ t 9°Q I N3A'd219 'S AQ3NN3}1'WO213 30' t t GS-8Z-833 <br />