HomeMy WebLinkAbout2006.12.04 RESO 2006-0066RESOLUTION NO. 2006 - 66
RESOLUTION APPROVING MEDIATED SETTLEMENT AGREEMENT WITH
GLAMOS FAMILY LIMITED PARTNERSHIP
WHEREAS, Glamos Family Limited Partnership is the owner of fee title to the real
property located in the City of Hugo, Washington County, Minnesota, identified by the
parcel numbers listed below:
(a) 1703121430011 ("Parcel I').
(b) 1703121420008 ("Parcel 2').
WHEREAS, on October 18, 2004, the City of Hugo enacted a special assessment
affecting the property as follows:
(a) Parcel 1: $ 70,131.87
(b) Parcel 2: $178,471.34
WHEREAS, Glamos Family Limited Partnership appealed said assessment and
subsequently participated in court-ordered mediation with the City of Hugo; and
WHEREAS, the City Council believes it is in the best interest of the City to enter into
a mediated settlement agreement.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
HUGO, MINNESOTA as follows:
The mediated settlement agreement dated August 9, 2006, a copy of which is attached
hereto and made a part hereof, by and between Glamos Family Limited Partnership and
the City of Hugo is hereby approved in its entirety.
UPON ROLL CALL THE FOLLOWING MEMBERS VOTING AYE: Mike Granger,
Chuck Haas, Becky Petryk, Frank Puleo, and Fran Miron
UPON ROLL CALL THE FOLLOWING MEMBERS VOTING NAY: None
Whereupon said resolution was declared passed and adopted 's ay of December,
2006.
ran6, Mayor
ATTEST:
Mary Creager, City Cl
STATE OF MINNESOTA
COUNTY OF WASHINGTON
Glamos Family Limited Partnership,
a Minnesota limited partnership,
Appellant,
VS.
City of Hugo, a Minnesota municipal
corporation,
Respondent.
DISTRICT COURT
TENTH JUDICIAL DISTRICT
CASE TYPE: Statutory Special
Assessment Appeal
COURT FILE NO.: 82-C4-04-6697
Honorable B. William Ekstrum
MEDIATED SETTLEMENT
AGREEMENT
THIS SETTLEMENT AGREEMENT ("Agreement") dated August %-, 2006, is by
and between Glamos Family Limited Partnership ("Glamos"), the Appellant in the above -
captioned matter, and the City of Hugo ("City"), the Respondent in the above -captioned matter
(collectively, the "Settling Parties").
WHEREAS, Glamos is the owner of fee title to the real property located in the City of
Hugo, Washington County, Minnesota, identified by the parcel numbers listed below (the
"Property') and legally described on Exhibit A hereto:
(a) 1703121430011 ("Parcel I').
(b) 1703121420008 ("Parcel 2').
WHEREAS, on October 18, 2004, City enacted a special assessment affecting the
Property (the "Assessment');
WHEREAS, the Assessment was as follows:
(a) Parcel 1: $70,131.87
(b) Parcel 2: $178,471.34
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WHEREAS, Appellant commenced the above -entitled action against the City;
WHEREAS, City denies the material allegations herein and does not admit liability
thereon;
WHEREAS, Glamos and City participated in court-ordered mediation;
WHEREAS, the Settling Parties met in voluntary mediation on May 17,2006; and
WHEREAS, the Settling Parties believe that it is in their best interests to enter into this
Agreement;
NOW, THEREFORE, in consideration of the mutual promises and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is
hereby stipulated and agreed by and among the Settling Parties as follows:
1. Consideration.
a. Settlement. Glamos and the City have fully agreed to completely and
finally settle all claims between or among them in this action.
b. Assessment Amount. Subject to approval by the City Council of the City
of Hugo, Glamos and the City agree that the value of the assessment as to
the Property shall be $128,000.00 ("Assessment Amount"). The
Assessment Amount shall be paid by Glamos to City within thirty (30)
days of City Council approval of this Agreement and written notice
thereof to Glamos, said notice to include a copy of a resolution of the
Council approving the Assessment Amount and the terms of this
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Agreement ("Notice of Approval'). The Assessment Amount shall be allocated
as follows:
(i) Parcel 1: $36,109.27
(ii) Parcel 2: $91,890.73
C. Connection. The Property shall be connected to sanitary sewer and
municipal water within thirty (30) days of the date of issuance of a
building permit, which Glamos shall seek and secure within thirty (30)
days of the date this Agreement is fully executed and delivered by the
parties. All related hookup, connection, permit, inspection and
SAC/WAC fees shall apply.
2. Mutual Releases. In consideration for the payment referenced above, Glamos and
the City, on behalf of themselves, their affiliated entities, employees, agents,
representatives, successors, and assigns, hereby release, acquit and forever
discharge each other of and from any claims, demands, damages, actions, or right
of action, for or against the Assessments adopted on October 18, 2004, which
each of them may now have or may hereafter have against each other. The parties
shall execute a Stipulation of Dismissal dismissing all claims which were made or
could have been made herein.
3. Approval by the City. It is understood by the Settling Parties that this Agreement
must be approved by the City Council of the City of Hugo before this Agreement
is effective.
4. No Admission. Neither this Agreement nor any act or statements made by any
Party in connection with this Agreement shall constitute or be claimed by any
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person to be an admission or evidence of liability for any purpose whatsoever, all
of which is expressly denied.
Recording Successors and Assi ns. Either Settling Party may record this
Agreement in the office of the Washington County Recorder. This Agreement
shall be binding upon the heirs, successors and assigns of the Settling Parties.
6. Applicable Law. This Agreement shall be governed by, construed and enforced
in accordance with the laws of the State of Minnesota.
7. Entire Agreement, Counterpart Signatures. This Agreement reflects the entire
agreement between and among the Settling Parties regarding the Assessments and
may not be changed orally. This Agreement may be executed by facsimile
signatures and counterparts which shall be binding as an execution and delivery
by original signature.
8. Notice. The Notice of Approval shall be deemed delivered and effective 48 hours
after deposit with the United States Postal Service, postage prepaid, certified or
registered mail, return receipt requested, addressed as follows:
Glamos Family Limited Partnership
5561 North 152nd Street
P. O. Box 46
Hugo, MN 55038
Attention: Paul Glamos
Any written notice given in a manner other than as provided in this paragraph
shall be deemed to have been given only upon actual receipt by the addressee.
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IN WITNESS WHEREOF, this Agreement has been duly executed by and on behalf of
each of the Settling Parties.
GLAMOS MILY LIMITED PARTNERSHIP
Dated: , 2006 B
y �,
P I Glamos
Its Authorized Signatory
CITY OF HUGO, MINNESOTA
Dated: e)U S 7— q.2006 &40Vf
y= I L p4
Its: &ITY "(41 Ail
THIS INSTRUMENT DRAFTED BY:
Moss & Barnett (PBZ)
A Professional Association
4800 Wells Fargo Center
90 South Seventh Street
Minneapolis, MN 55402-4129
Attorneys for Appellant
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EXHIBIT A
Legal Description
That part of the Northwest Quarter of the Southeast Quarter of Section 17, Township 31,
Range 21, Washington County, Minnesota, described as follows:
Commencing at the south quarter corner of said Section 17; thence on an assumed bearing of
North 00°36' 16" West along the North South Quarter line of said Section 17 a distance of
1,294.98 feet; thence North 88030'24" East a distance of 492.12 feet; thence North 01029'36"
West a distance of 66.00 feet to the point of beginning; thence continuing North 01°2936" West
a distance of 585.74 feet; thence South 88030'24" West a distance of 320.34 feet; thence South
11001'24" West a distance of 600.00 feet to the intersection with a line bearing South 88030'24"
West from the point of beginning; thence North 88030'24" East a distance of 450.37 feet to the
point of beginning. Subject to an easement for drainage purposes along the westerly 15.00 feet.
AND
That part of Southwest '/4 of Southeast %4 of Section 17, Township 31, Range 21, Hugo,
Washington County, Minnesota described as follows:
Commencing at the South Quarter corner of said Section 17, thence North 0036'16" West, state
plane coordinate bearing, a distance of 808.94 feet to the point of beginning of property herein to
be described; thence continuing North 0036'16" West along quarter section line a distance of
355.07 feet, thence North 11001'24" East a distance of 134.14 feet, thence North 88°30'24" East
a distance of 160 feet, thence South 1029'36" East a distance of 465 feet, thence South
88030'24" West a distance of 138.36 feet, thence South 0015'06" East a distance of 22.35 feet,
thence South 89047'34" West a distance of 56.80 feet to the point of beginning. Subject to
easements of record;
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That part of the SW V4 of the SE'/4 of Sec. 17, T. 31, N., R. 21 W., described as follows:
Beginning at a point on the N. line of said SW %4 of SE V4, 59.55 ft. E. of the NW corner thereof;
thence E. along said N. line a distance of 152.67 ft., thence S. at right angles a distance of 268 ft.,
thence W. at right angles and parallel to said N. line a distance of 212.17 ft. to the W. line of
SW '/4 of SE '/4, thence N. along said W. line a distance of 5.54 ft., thence NE'ly by an angle of
12047' from said W. line a distance of 269.13 ft. to the point of beginning. Subject to easements
of record;
together with all hereditaments and appurtenances belonging thereto.
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