HomeMy WebLinkAboutMar 22, 1973OFFICIAL PROCEEDINGS
Special Meeting
p. 57
March 22, 1973
The meeting was called to order at 7:15 p.m. in the City Conference
Room. Roll Call: Land, Norberg, Heintz, Connor, Nawrocki - All
present.
Mayor Nawrocki said this special meeting has been called for considering
cancellation of a check and re-issuance of a new one.
City Manager Watson said this check was issued in accordance with a
condemnation award pursuant to a condemnation action commenced in
1965 entitled, the City of Columbia Heights, Minnesota, a municioal
corporation, Petitioner, vs. John H. Glover Houses, Inc., a corporati~,
Respondent, Anoka County District Court File No. 26295. The parcel
of land involved is legally described as follows:
That part of Lot Nine (9), except the East 293 feet,
except the West One Hundred Forty (140) fee~ platted as Temple
Terrace and except part platted as Temple Terrace Plat 3 and
Temple Terrace Plat 4, described as follows: Commencing at
a point in Lot Nine (9), which point is the Northwest corner
of Lot One (1), Block One (1), of Temple Terrace Plat Three (3),
thence East and parallel to the South line of said Lot 9 a
distance of One Hundred Seventy [170) fe~ thence North and
parallel to the West line of Lot Nine [91, a distance of
twenty-five (25) feet; thence West and parallel to the South
line of Lot Nine (9), a distance of One Hundred Seventy (170)
feet, thence South a dist-ance of Twenty-five (25) feet to the
point of beginning, all in Auditor's Subdivision No. 51,
according to the duly recorded map or plat thereof on file
and of record in the office of the Register of Deeds in and
for Anoka County, State of Minnesota.
The award was made to John H. Glover Houses, Inc. in the amount of
$15oo.oo.
This check was issued to the Respondent on May 22, 1967, and made
payable to John H. Glover Houses, Inc., and T. B. Miksza, his attorney.
The Respondent has not cashed the check although the amount of $1500.0~
has been deducted from the City accounts in the year 1967. The
City Attorney's request is that the check that was issued, No. 5729,
in the amount of $1500.00 to John H. Glover Houses, Inc., and T. B.
Miksza, his attorney, be cancelled and a stop payment order be
issued to the bank. The attorney is further requesting that a new
check be issued in lieu of the check to be cancelled.
Douglas Peterson said the new check would be made payable to the
Clerk of District Court of Anoka County and bear the following
statement:
p. 58
"Substituted for check issued to JOHN H. gLOVER HOUSES, INC.
AND T. B. MIKSZA, HIS ATTORNEY on May 22, 1967 in oayment for
damages awarded by the Commissioners in the Condemnation Matter
entitled "THE CITY OF COLUMBIA HEIGHTS, HINNESOTA, a Municipal
Corp., Petitioner vs. JOHN H. GLOVER HOUSES, INC., a
Corporation, respondent," Anoka County District Court No. 26295.
Payment is made to the Clerk of District Court pursuant to
M.S.A. Sections l]7.]0 and i 17.]25.
The Minnesota Statutes provide that in the event the respondent refuses
or is unable to cash a condemnation damage award, the condemning
body can deposit the check with the Clerk of District Court. The
reason that this check ~ ll be deposited with the Clerk of District
Court is to enable the City Attorneys to fi ]ea Certificate of
Attorney for Petitioner in that condemnation action to close out the
condemnation.
On motion by Heintz that the check #5729 dated May 22, ]967, in the
amount of $]500.00 issued to John H. Giover Houses, Inc., and T. B.
Miksza, his attorney, be cancelled and a stop payment order be made: and
a new check be issued in the amount of $1500.00 with the requested
statement regarding the issuance of the check typed on the description
portion of the check.
Seconded by Norberg.
Roll Call - All Ayes.
Motion by Heintz, seconded by Connor to adjourn at 7:35 p.m.
Call - All Ayes.
Roll
Bruce G. Nawrocki , Mayor
Secretary to ~he Council