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Home My WebLink AboutCC 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 Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII 105927 Box: 36 Folder: CC RES 1979 Document: 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 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 meeting of the City Council of the City of St. Anthony, Minnesota, was duly held in the City Hall in said City on May 9 , 1979 , at 4 : 50 o ' clock p.m. The following council members were present: Haik, Sauer, and Letourneau and the following were absent: Sundland, Ranallo. - - - - - - - - - - - - - - - - - - - Council member Sauer introduced the following resolution and moved its adoption: RESOLUTION 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 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 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 Matter of the Reassessment and Apportionment of Assessments for Lot 1, Block 1, Apache Plaza 2nd �y Addition, City of St. Anthony, County of Ramsey, �Ssy Z s' .7 /6 State of Minnesota; and In Re: Equinox Properties 906 �o�e �Zi 73 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 a - U -2- 41 y terms of The Stipulations , including, but not limited to, those set forth in the following paragraph of this Resolution. 4 . The City Assessment Clerk shall forthwith cause to be rescinded, cancelled, and deleted from the appropriate tax lists of Ramsey County, those installments of special assessments provided for in Resolutions No. 77-039 and 77-048 which are due and payable with taxes in the year 1979 and thereafter on parcels : 811251002001_ Pra-dA -- 815051003509- 815051010009-7to . � 815051009309-`�U . 815051007309-•7ta• `' 815051003409-`ho. � 815051002009- � 815051012209-`Yw- 811380002001_ �OVX) , provided that assessments for improvements listed in Resolution No. 77-048 may be reassessed in accordance with the terms of The Stipulations . The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Letourneau, and upon vote being taken thereon, the following voted in favor thereof: Haik, Sauer, and Letourneau, and the following voted against: none, whereupon said resolution was declared duly passed and adopted. -3- 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 meeting of the City Council held on Wednesday, 'May 9 , 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 day of 1979 . City Clerk/Treasurer City of St. Anthony, Minnesota (SEAL) - a v I 1 • STATE OF MINNESOTA DISTRICT COURT COUI4TY 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: 7le.�� c �. �� 1979. Mark /E. Jacobson Attorney for Appellant Apache Corporation 7200 France Avenue South Suite 337 Minneapolis, Minnesota 55435 Tel , (612) 830-1500 Dated: -a_Qr�o 'ZZ 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 • ORDER rtV_ Upon reading and filing the above Stipulation of Dismissal. Wii.11cut 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: � 1 I Judge of Dist ict Court • • -2- • 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 principal amount of One Thousand Eight Hundred Forty-Six and 08/100 Dollars ($1, 846 . 08) 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 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: 1979 . MAUN, HAZEL, GREEN, HAYES, SIMON & ARETZ CBy Bruce G. Odlaug Attorney for Plaintiff Northern Gopher Enterpi"i-se ), Inc. 332 Hamm Building St. Paul, Minnesota 55102 Tel. (612) 221-1812 Dated: �Qr� _ ZZ 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. F BY THE COURT: Judge of Dist r ' t Court -2- STATE OF MINNESOTA DISTRICT COURT COUNTY OF RAMSEY SECOND JUDICIAL DISTRICT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - In the Platter 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 withJ re 'udice P and without costs to either party. 2 . Appellants agree that special assessment payments made iui 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: A7/ 197 9 . Loren Gross Attorney for Appellants Edwin & Margaret Beutz 8609 Lyndale Avenue South Bloomington, Minnesota 55420 Tel . (612) 881-8636 Dated: `��.,or1 ZZ 1979 . LeFEVERE, LEFLER, PEARSON, O'BRIEN & DRAWZ By Charles L. LeFevere Attorneys for Respondent City of St . Anthony 11. 1100 First National Bank Builctiny • 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 HE�COURT: Judge o f District Court -2- STATE OF MINNESOTA DISTRICT COURT COUNTY OF RAMSEY SECOND JUDICIAL DISTRIC-17 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 shall be dismissed with prejudice 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 a pproving this reassessment to December 31, 1979, to be collectable with general � R 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 and apportionment is paid. 4 . Appellant waives the right to notice and hearing of any reassessment in accordance with paragraph 3 above. Dated : 1979 . STACKER & RAUICH By S*u , Radsom 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-