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HomeMy WebLinkAboutContract 1886 r' Case Type: Condemnation STATE OF MINNESOTA DISTRICT COURT COUNTY OF ANOKA TENTH JUDICIAL DISTRICT Court File No. C7-05-1679 City of Columbia Heights, a Minnesota municipal corporation, Petitioner, STIPULATION OF FINAL SETTLEMENT vs. PARCELH Greif Bros. Cooperage Corporation, nka Greif, Inc., a Delaware corporation; Greif Containers, Inc., a Delaware corporation; Minneapolis, St. Paul and Sault Ste. Marie Railroad Company, nka Soo Line Railroad Company, a Minnesota corporation; Buckles & Buckles, LLC, a Minnesota limited liability company; MidAmerica Bank, by merger, nka Wells Fargo Bank, National Association; United States Small Business Administration; Central Minnesota Development Company, a Minnesota non-profit corporation; Region Truck-Equipment, Inc., a Minnesota corporation; Daro 1. Smith and Rita A. Smith, Trustees, or their successors in trust under the DRS LIVING TRUST dated March 22,2001, and any amendments thereto; Scott A. Smith; Spouse of Scott A. Smith, if any; SteeiTech, Inc., a Minnesota corporation; Florence V. Pearson; Spouse of Florence V. Pearson, if any; Soo Line Railroad Company; Kremer & Davis, Inc., a Minnesota corporation; City of Columbia Heights; County of Anoka; all other parties unknown having any right, title or interest in the premises herein, together with the unknown heirs or devisees, if any, of the parties that may be deceased, and including unknown spouses, if any, Respondents. RJL-272448vl THIS AGREEMENT is entered into this '3 J'il day o7-'~ru:?cv~ , 20<t~ by and between the / / CITY OF COLUMBIA HEIGHTS, a municipal corporation under the laws of Minnesota, located at 590 40th Avenue NE, Columbia Heights, MN 55421, Petitioner herein ("City"), and Respondent Kremer & Davis, Inc., a Minnesota corporation ("Owner"). I. RECITALS 1.01. The City commenced this proceeding to acquire the real estate located at 3900 Jefferson Street NE (aka! 627 and 703 - 39th Avenue NE), Columbia Heights, MN 55421, which is identified as Parcel H and legally described on Exhibit A attached hereto and incorporated herein ("Parcel H"). 1.02. The Court entered its Findings of Fact, Conclusions of Law and Order Transferring Title and Possession of Property with respect to Parcel H which was filed in the office ofthe District Court Administrator on April 4, 2005. 1.03. The Court entered its Findings of Fact, Conclusions of Law and Order Appointing Commissioners with respect to Parcel H which was filed in the office of the District Court Administrator on April 4, 2005. 1.04. On April 15, 2005, the City deposited $192,000.00 with the District Court Administrator as its estimate of the damages caused to the owners of Parcel H by the City's taking of Parcel H in this matter ("Quick Take Deposit"). The Quick Take Deposit remains on deposit with the above Court and is accruing interest pursuant to law. The interest accruing on the Quick Take Deposit belongs to the Owner and other respondents named herein, as their interests may appear. On April 15, 2005, the City deposited additional funds with the District Court Administrator in the amount of $55,908.82 which remain on deposit with the Court for use as directed by Petitioner in relation to acquisition and re-use of the Property. ("Additional Deposit") The Additional Deposit remains on deposit with the Court and is accruing interest pursuant to the RJL-272448vl 2 Court's previous order herein. Interest accruing to the Addititional Deposit belongs to the City and is subject to its direction as is the Additional Deposit. 1.05 The Owner has paid real estate taxes payable with respect to the Property in 2005 and previous years and the entire unpaid balance of special assessments levied against the Property. 1.06. City has previously reimbursed Owner for appraisal fees in the amount of $1500 which were incurred by Owner in this proceeding. 1.07 The City and Owner have reached agreement upon the total amount of damages to be paid to Owner in final settlement of all of Owner's claims as a result of the City's taking herein of Parcel H by City and desire that this Agreement describe the terms of said settlement. II. AGREEMENT NOW, THEREFORE, in consideration of the premises, their mutual promises and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: 2.01. Incorporation of Recitals. The foregoing recitals are made a part of this Stipulation. 2.02. Settlement Amount. The City and Owner agree to settle the claim of Owner with respect to the acquisition of Parcel H for the total amount of $260,000, which sum includes the City's deposit and all amounts remaining due and owing with respect to Parcel H in this proceeding, including but not limited to amounts due and owing for just compensation, interest, and costs and disbursements including appraisal and attorney fees, except interest. 2.03. Disbursement and Payment of Settlement Amount. This agreement is subject to City Council approval. Provided that City Council approval is obtained, (a) the City and Owner stipulate and agree to the entry of an order of the District Court authorizing and directing the disbursement by the District Court Administrator of the amounts on deposit herein with respect to RJL-272448v1 3 Parcel H as follows : (i) the Quick Take Deposit plus interest accrued thereon from the date of deposit to the date of disbursement, by check payable to Kremer & Davis, Inc., which shall be mailed or delivered to counsel for Kremer & Davis, Inc.; and (ii) all remaining amounts on deposit with the District Court Administrator (the Additional Deposit) shall be paid by a separate check payable to Kremer & Davis, Inc., which shall be mailed to or delivered to counsel for the City ("Separate Court Payment"); and (b) City shall issue a check payable to Kremer & Davis, Inc. for the amount ("City Supplemental Amount") by which $260,000, plus interest at the judgment rate on $68,000 from June 1, 2005 to the date of payment, exceeds the Quick Take Deposit plus the Separate Court Payment. 2.04. Within 15 days after City Council approval is obtained, counsel for the City shall submit the proposed order to the District Court requesting the Court to order the disbursements provided above. Within 15 days after receipt by counsel for the City of the checks issued by the District Court Administrator as above provided, the City shall issue its check for the City Supplemental Amount and counsel for the City shall mail or deliver all such payments to counsel for Owner. 2.05 Subject to performance by City in accordance with this Agreement, Owner waives any and all rights to any further notices, viewings, or hearings regarding the instant condemnation action. RJL-272448vl 4 /! :7 Dated~ftv1UtUv~/ >,2000 / / Dated: : D~ , 200 ~ Dated: Dated: 200 , , - .I /2 L,200b RJL-272448v1 And BABCOCK, NEILSON, MANNELLA AND KLINT, PLLP By: ~1/~ }l7/jd~~ J atp~.r\,1. Neilson Attorneys for Kremer &Davis, Inc. 118 E. Main St. Anoka, MN 55303 763-421-5151 KREMER & DAVIS, INC., a Minnesota ~~ KENNEDY & GRAVEN, CHARTERED By: Robert J. inaal ( 3 Bryan D. Shirley (3 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9300 Attorneys for City of Columbia Heights By: Gary Peterson Its Mayor , .Yi.? (\ 19 ?:J. /V J!.1~~,./~ Its City Clerk 5 III. ORDER IT IS NOW HEREBY ORDERED as follows: 3.01 Kremer & Davis, Inc. has satisfied all preconditions to the disbursement of the Quick Take Deposit with respect to Parcel H which is currently being held by the District Court Administrator in the amount of$192,000. 3.02 The District Court Administrator shall release the Quick Take Deposit in the amount of $192,000 and all interest accmed thereon with respect to Parcel H without further proceedings. 3.03 The Check releasing the $192,000 Quick Take Deposit and accmed interest shall be made payable to Kremer &Davis, Inc. and mailed to: James Neilson Babcock Neilson Mannella & Klint PLLP 118 E Main St. Anoka, MN 55303 Attorney for Respondent 3.04 All. additional amounts on deposit with the District Court Administrator with respect to Parcel H have been held subject to the further direction ofthe City of Columbia Heights and it has been agreed in the foregoing Stipulation to the payment thereof to Kremer & Davis, Inc. 3.05 The District Court Administrator shall release the additional funds of$55,908.82 held by it herein with respect to Parcel H ("Additional Deposit") and all interest accmed thereon without further proceedings. 3.06 The check releasing the $55,908.82 Additional Deposit and accmed interest shall be made payable to Kremer & Davis, Inc. and mailed to: Robert 1. Lindall Kennedy & Graven, Chartered 470 US Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 Attorney for Petitioner Dated: January _, 2006 Judge of District Court RJL-272448v1 6 EXHIBIT A PARCEL H (Torrens Certificates No. 70385 and 70386) (PIN No. 35-30-24-43-0045) (627 - 39th Avenue N.E., Columbia Heights, MN) and (PIN No. 35-30-24-43-0046 (703 - 39th Avenue N.E., Columbia Heights, MN) Legal Description of Property to be Acquired: Lots One (1), Two (2), and Three (3), Block Two (2), all in 2nd Subdivision of Block F, Columbia Heights Annex Together with vacated and to be vacated streets and alleys accruing thereto upon vacation and appurtenant easements, if any. According to the map or plat thereof on file and of record in the office of the Registrar of Titles in and for Anoka County, Minnesota Being Registered Property pursuant to Certificates of Title No. 70385 and 70386. Interests Being Acquired: Nature of Interest emer & Davis, Inc., a Minnesota corporation Fee Owner Minneapolis, St. Paul & Sault Ste Marie Railroad Company, nka Soo Line Railroad Company, a Minnesota corporation Anoka County Easement dated November 27, 1953 and filed January 21, 1954 in the office of the Registrar of Titles as Document No. 15308 Real Estate Taxes City of Columbia Heights All other parties unknown, together with unknown heirs or devisees and spouses, if any Special Assessments Any right, title or interest in the Subject Property RJL-272448v1 7