CC RES 79-031 A RESOLUTION CONFIRMING AND RATIFYING STIPULATIONS OF SETTLEMENT IN CERTAIN SPECIAL ASSESSMENT APPEALS AND DIRECTING THE DELETION OF CERTAIN ASSESSMENTS IN ACCORDANCE THEREWITH

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• STATE OF MINNESOTA DISTRICT COURT COUNTY OF RAMSEY SECOND JUDICIAL DISTRICT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Northern Gopher Enterprises, Inc . , ) a North Dakota corporation, ) Plaintiff, ) VS. ) STIPULATION OF DISMISSAL WITH PREJUDICE City of St . Anthony, a municipal ) corporation, ) Defendant . ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - WHEREAS, Defendant City of St . Anthony has reassessed and • reapportioned the costs of certain public improvements in the City of St . Anthony against property owned by Plaintiffs; and WHEREAS, Plaintiff Northern Gopher Enterprises, Inc . has brought an appeal challenging the validity of said reapportionment and reassessment; and WHEREAS, the parties desire to settle this dispute by stipulation of dismissal with prejudice, without costs to either party, on the following terms; NOW, THEREFORE, Plaintiff Northern Gopher Enterprises, Inc . and Defendant City of St. Anthony, by their duly authorized attorneys, do hereby stipulate and agree as follows: 1 . The above-entitled appeal shall be dismissed with prejudice and without costs to either party. • 2 . Plaintiff agrees that special assessment payments made for taxes and assessments payable in 1978 may be retained by the City of St . Anthony . 3 . The City of St. Anthony agrees that the reassessment and • reapportionment against the parcel owned by Plaintiff which is the subject of this appeal, together with interest at the rate of 8% per annum accruing on the full amount thereof from time to time unpaid, shall be a lien concurrent with general taxes upon such parcel . The total amount of the assessments for improvements which are the subject of this appeal , excluding ariounts paid in 1970V , shall be in the total