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• <br /> Pam Sheldon <br /> February 28, 1997 <br /> Page 2 <br /> easement and (d) waived further compensation in the proceeding. The stipulation is contingent <br /> upon the granting of consent to the easement by Great West Life and Annuity Insurance <br /> Company (the mortgagee) and City Council approval. The form of easement attached to the <br /> stipulation is acceptable to me and I recommend City Council approval of the stipulation and <br /> easement. A copy of the stipulation and attached easement are enclosed herewith for your <br /> information. <br /> We have been advised that Great West has approved the form of the stipulation and easement <br /> However, I have not actually received the written consent document from Great West. If the <br /> City Council approval is granted, if the Great West consent is given, and if I am authorized to <br /> do so, the next step in the proceeding would be to obtain a stipulated award from the court <br /> appointed commissioners in accordance with the stipulation between the City and Moundsview <br /> Square Associates, LLP. The cost of obtaining the award would probably be approximately as <br /> follows: <br /> I. Condemnation commissioners fees of $450 to $900 (depending on whether the <br /> commissioners axe content to enter the award on the basis of a single hearing <br /> • rather then deciding at the first hearing that it is necessary to hold a second <br /> hearing and give written notice of the second hearing to all the patties, and <br /> whether the commissioners insist upon filing the award themselves, rather then <br /> letting me do so; given the opportunity to do so,I would propose to prevail on the <br /> commissioners to permit me to expedite these proceedings by personally giving <br /> notice to all parties of the first hearing and asking the Commissioners to permit <br /> me to record the award). <br /> 2. Attorneys fees payable to Kennedy&Graven of$1,000 to$2,000 (estimated cost <br /> to complete the proceeding). <br /> 3. Recording fees of$20 to $50 (to record final certificate, easement and discharge <br /> of Us pendens). <br /> Total: $1,500 to $3,000 <br /> The following is the estimated cost of discontinuing the condemnation proceeding, in the event <br /> the Council elects to proceed in that manner: <br /> 1. Attorneys fees payable to Kennedy & Graven of$1,000 to $2,500. <br /> 2. Reimbursement to owner for attorneys fees of$1,500 to $3,000. <br /> 3. Recording fees of$20 to $50 (to file discharge of lis pendens): <br /> • <br /> Total: $2,500 to $5,500 <br /> 10118507 <br /> MU125-59 <br /> St/E 30'dd OtESLEEZt9=13I N3AV210 V AQ3NN351,WO2[d Z0= t t GS-AZ-Sad <br />