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HomeMy WebLinkAboutCC RES 79-030 A RESOLUTION CONFIRMING AND RATIFYING STIPULATIONS OF SETTLEMENT IN CERTAIN SPECIAL ASSESSMENT APPEALS AND DIRECTING REASSESSMENTS IN ACCORDANCE THEREWITH Meeting Sheet ISI 11111 111 11111 gill loll 1111 105926 II Box: 36 Folder: CC RES 1979 Document: CC RES 79-030 A RESOLUTION CONFIRMING AND RATIFYING STIPULATIONS OF SETTLEMENT IN CERTAIN SPECIAL ASSESSMENT APPEALS AND DIRECTING REASSESSMENTS IN ACCORDANCE THEREWITH EXTRACT OF MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF ST. ANTHONY, HENNEPIN AND RAMSEY COUNTIES , MINNESOTA Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of St. Anthony, Minnesota , was duly held in the City Hall in said City on May 8 , 1979 , at 7: 30 o'clock p.m. The following council members were present : Sundland, Sauer, Ranallo, Letourneau and the following were absent: Haik. - - - - - - - - - - - - - - - - - - - Council member Sundland introduced the following resolution and moved its adoption: RESOLUTION 79-30 A RESOLUTION CONFIRMING AND RATIFYING STIPULATIONS OF SETTLEMENT IN CERTAIN SPECIAL ASSESSMENT APPEALS AND DIREC- TING REASSESSMENTS IN ACCORDANCE THERE- WITH. WHEREAS, the City adopted Resolutions No. 77-039 and 77-048 on August 23, 1977 , and October 4 , 1977, respectively, which Resolutions provided for the reassessment and apportionment of certain previously levied special assessments , and WHEREAS, certain owners of land affected by said reassessment and apportionment brought appeals challenging the validity thereof , and i M WHEREAS , the specially appointed City attorney, with prior authorization from the City, has negotiated the settlement of said appeals, and WHEREAS, the specific terms of settlement of said appeals are set forth in the four Stipulations of Dismissal (hereinafter "The Stipulations", which Stipulations are attached hereto and hereby made a part hereof) in the cases of : Apache Corporation vs . City of St . Anthony; Northern Gopher Enterprises, Inc . vs . City of St. Anthony; In the Platter of the Reassessment and Apportionment of Assessments for Lot 1, Block 1 , Apache Plaza 2nd Addition, City of St. Anthony, County of Ramsey, State of Minnesota; and In Re : Equinox Properties and, WHEREAS, the City Council wishes to comply with the terms of The Stipulations, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. ANTHONY, MINNESOTA, AS FOLLOWS: 1 . The Stipulations which were executed for and in the name of the City of St . Anthony by the special City attorney, with the prior authorization of the City Council, are hereby confirmed and ratified in all respects . 2 . The City Council hereby confirms and ratifies, in all respects, Resolutions No. 77-039 and 77-048 , and all findings and orders set forth therein, except as explicitly modified herein . 3 . The City Manager and City Assessment Clerk are hereby authorized and directed to take all steps necessary to comply with the -2- i terms of The Stipulations, including, but not limited to, those set forth in the following paragraphs of this Resolution. 4 . In lieu of assessments provided by Resolutions No. 77-039 and 77-048 on parcels 815051003509, 81505101009, 815051009309 , 815051007309 , 815051003409 , 815051002009 , and 815051012209 , there is hereby levied against said parcels an assessment of one Thousand Eight Hundred Forty-six and 08/100 Dollars ($1 , 846 . 08) . 5 . In lieu of assessments provided by Resolutions No. 77-039 and 77-048 on parcel 811251002001, there is hereby levied against said property an assessment of Three Thousand Two Hundred Seventy-five and 68/100 Dollars ($3 , 275 . 68) . 6 . The assessments provided in paragraphs 4 and 5 above, in addition to amounts heretofore paid, shall be in lieu of all other assessments for City improvements No. : Storm Sewer Improvement No. 32 , Sanitary Sewer Improvement No. 33 , Water Improvement No. 34 , Sewer Interceptor Improvement No. 35 , Street Improvement No. 38, Street Improvement 61-E No. 40 , Storm Sewer Improvement 61-1 No. 41 , Street Improvement 62-2 No. 42 , and Sewer Interceptor Improvement 62 No. 44 . 7 . The City Assessment Clerk is directed to prepare assessment rolls for certification to the County showing assessments provided for herein, reduced, from amounts assessed by Resolution No. 77-048 pro rata by parcel and by project, together with this Resolution . 8 . The assessment against each parcel, provided for herein, 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 parcels and all thereof . The total amount -3- I of such assessments shall be payable in equal annual principal installments extending over a period of nine years , the first of said installments, together with interest on the entire assessment from the date hereof to December 31 , 1979 , to be collectible with general taxes in the year 1980 , and one of each of the remaining installments, together with one year ' s interest on that and all other unpaid installments, to be payable with general taxes in each consecutive year thereafter until the entire assessment is paid . 9 . Prior to the certification of the assessment to the County Auditor, the owner of any lot, piece or parcel of land assessed hereby may at any time pay the whole of such assessment, with interest to date of payment, to the City Treasurer , but no interest shall be charged if such payment is made within 30 days after the date of this Resolution. 10 . The City Clerk shall, as soon as may be, prepare and transmit to the County Auditor a certified duplicate of the assessment roll provided for herein, with each installment and interest on each unpaid assessment set forth separately, to be extended upon the proper tax lists of the County, and the County Auditor shall thereafter collect said assessments in the manner provided by law. Adopted this .9- day of 1979 . Mayor ATTEST: City Clerk v -4- • STATE OF MINNESOTA ) CITY OF ST. ANTHONY ) SS. COUNTIES OF HENNEPIN AND RAMSEY ) I , the undersigned, being the duly qualified and acting City Clerk/Treasurer of the City of St. Anthony, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council held on Tuesday, May 8 , 1979, with the original thereof on file in my office and the same is a full, true and complete transcript therefrom insofar as the same relates to the assessment of certain special assessments of the City. WITNESS my hand as City Clerk/Treasurer and the corporate seal of the City this �L' day of 1979 . City Clerk/Tfeas6ter City of St. Anthony, Minnesota (SEAL) STATE OF MINNESOTA DISTRICT COURT COU14TY OF RAMSEY SECOND JUDICIAL DISTRICT File No. 423192 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Apache Corporation, a ) Delaware corporation, ) Appellant, ) STIPULATION OF DISMISSAL VS . ) WITHOUT PREJUDICE City of St . Anthony, ) Respondent. ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - WHEREAS, Respondent City of St. Anthony has reassessed and reapportioned the costs of certain public improvements in the City of St . Anthony against property owned by Appellants; and WHEREAS, Appellant Apache Corporation has brought an appeal challenging the validity of the reassessment and reapportionment; and WHEREAS, the parties desire to dismiss the appeal without prejudice or costs to either party; NOW, THEREFORE, Appellant Apache Corporation, a Delaware corporation, and Respondent City of St. Anthony, by their duly authorized attorneys, do hereby stipulate and agree that the above-entitled appeal should be dismissed without prejudice or costs to either party. Dated : 1979 . Mark /E . Jacobson Attorney for Appellant Apache Corporation 7200 France Avenue South Suite 337 Minneapolis, Minnesota 55435 Tel . (612) 830-1500 Dated: �w "�,� 1979 . LeFEVERE, LEFLER, PEARSON, O 'BRIEN & DRAWZ By J Charles L. LeFevere Attorneys for Respondent City of St. Anthony 1100 First National Bank Building Minneapolis, Minnesota 55402 Tel . (612) 333-0543 1 • ORDER Upon reading and filing the above Stipulation of Dismissal Without Prejudice by the parties to this appeal, it is hereby ordered that the above-entitled appeal is dismissed without prejudice or costs to either party . BY THE COURT: I Judge of Dist ict Court • • -2- r " • STATE OF 14INNESO'I-A 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 Eso 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 assessinents for improvements which are the subject of this appeal , excluding amounts paid in 1978 , shall be in the total • principal amount of One Thousand Eight Hundred Forty-Six and 08/100 Dollars ($1, 846 . 08) which shall be payable in equal annual princir," installments extending over a period of nine years , the first of said installments together with interest on the entire principal amount from the date hereof to December 31, 1979, to be collectible with general taxes in the year 1980 and one of each of the remaining installments, together with one year ' s interest on that and all other unpaid installments, to be payable with general taxes in each consecu- tive year thereafter until the entire assessment and apportionment is paid. 4 . Plaintiff waives the right to notice and hearing of any reassessment in accordance with the terms of paragraph 3 above . 5. Defendant agrees to bring no action against plaintiff or any • prior owner of the parcels subject to this appeal for the amounts of the original assessment appealed from herein in excess of the amount provided in paragraph 3 above . Dated: � -x-C �� , 1979 . MAUN, HAZEL, GREEN, HAYES, SIMON & ARETZ By Bruce G. Odlaug Attorney for Plaintiff Northern Gopher Enterpiqses, Inc. 332 Hamm Building St. Paul, Minnesota 55102 Tel. (612) 221-1812 Dated: ti _ 2Z 1979. LeFEVERE, LEFLER, PEARSON, O 'BRIEN & DRAWZ By Charles L. LeFevere • Attorney for Defendant City of St. Anthony 1100 First National Bank Building Minneapolis, Minnesota 55402 Tel. (612) 333-0543 ORDER Upon reading and filing the above Stipulation of Dismissal With Prejudice by the parties to this appeal , it is hereby ordered that the above-entitled appeal is dismissed with prejudice . BY THE COURT : o p C 6 Judge of Dist r ' t Court -2- STATE OF MINNESOTA DISTRICT COURT COUNTY OF RA14SEY SECOND JUDICIAL DISTRICT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - In the Matter of the Reassessment ) and Apportionment of Assessments ) for Lot 1, Block 1, Apache Plaza ) STIPULATION OF DISMISSAL 2nd Addition, City of St. Anthony, ) WITH PREJUDICE County of Ramsey, State of ) Minnesota. ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - WHEREAS, Respondent City of St . Anthony has reassessed and reapportioned the costs of certain public improvements in the City of St. Anthony against property owned by Appellants; and WHEREAS, Appellants Edwin & Margaret Beutz have 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; NOW, THEREFORE, Appellants Edwin & Margaret Beutz and Respondent 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 . Appellants agree that special assessment payments made for taxes and assessments payable in 1973 may be retained by the City of St . Anthony. • 3 . The City of St. Anthony agrees that Appellants will not be required to pay special assessments due in 1979 and thereafter for improvement projects which were the subject of the reassessment and apportionment appealed from herein . 4 . Respondent City of St . Anthony will attempt to secure from Ramsey County an amended tax statement for 1979 showing no special assessments due for 1979 for improvements which are the subject. of the reassessment and apportionment appealed from, and will certify to Ramsey County that said assessments are to be cancelled beginning with assessments payable in the year 1979 . Dated: 1 1979 . Loren Gross Attorney for Appellants Edwin & Margaret Beutz 8609 Lyndale Avenue South Bloomington, Minnesota 55420 Tel . (612) 881-8636 Dated : 1979 . LeFEVERE, LEFLER, PEARSON, O'BRIEN & DRAWZ B y ,� Charles L. LeFevere Attorneys for Respondent City of St. Anthony 1100 First National Bank Building • Minneapolis, Minnesota 55402 Tel . (612) 333-0543 ORDER Upon reading and filing the above Stipulation of Dismissal With Prejudice by the parties to this appeal, it is hereby ordered that the above-entitled appeal is dismissed with prejudice . Z_ -C� BY TK COURT: % Judge of District Court • -2- STATE OF MINNESOTA DISTRICT COURT COUNTY OF RAMSEY SECOND JUDICIAL DISTRICT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - In Re : ) STIPULATION OF DISMISSAL Equinox Properties, a Minnesota ) WITH PREJUDICE AND ORDER limited partnership. ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - WHEREAS, Respondent City of St. Anthony has reassessed and apportioned the costs of certain public improvements in the City of St. Anthony against property owned by Appellants; and WHEREAS, Appellant Equinox Properties, has brought an appeal challenging the validity of said reassessment and apportionment; and • WHEREAS , the parties desire to settle this dispute by stipulation of dismissal with prejudice and without costs to either party on terms as hereinafter set forth; NOW THEREFORE, Appellant Equinox Properties, a Minnesota limited partnership and Respondent City of St. Anthony, by their duly authorized attorneys, do hereby stipulate and agree as follows : 1 . The above-entitled appeal --hall be dismissed with prejud4p and without costs to either party. 2 . Appellant agrees that special assessment payments made for taxes and assessments payable in 1978 may be retained by the City of St. Anthony. 3 . The reassessment and apportionment against the subject parcel, • 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 amounts - paid in 1978 , shall be in the total principal amount of Three thousand two hundred seventy-five and 68/100 Dollars ($3 , 275 . 68) which shall be payable in equal annual principal installments extending over a period of nine years, the first of said installments together with interest on the entire principal amount from the date of the City ' s resolution approving this reassessment to December 31, 1979, to be collectable with general i . taxes in the year 1980 and one of each of the remaininginstallments, ents, together with one year ' s interest on that and all other unpaid installments, to be payable with general taxes in each consecutive year thereafter until the entire assessment and apportionment is paid. 4 . Appellant waives the right to notice and hearing of any reassessment in accordance with paragraph 3 above. Dated: 1979. r STACKER & RAIJICH By Stu tRadsom Lyman P. Johnson Attorneys for Equinox Properties 1250 Northern Federal Building St. Paul, Minnesota 55102 Tel . (612) 222-1761 LeFEVERE, LEFLER, PEARSON, O 'BRIEN & DRAWZ By Charles L. LeFevere Attorneys for City of St . Anthony 1100 First National Bank Building Minneapolis, Minnesota 55402 Tel , (612) 333-0543 ORDER Upon reading and filing the above Stipulation of Dismissal With Prejudice by the parties to this appeal, it is hereby ordered that the above-entitled appeal is dismissed with prejudice , BY THE COURT: Judge of District Court -2-