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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.
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THIS AGREEMENT is entered into this '3 J'il day o7-'~ru:?cv~ , 20<t~ by and between the
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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
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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
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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.
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Dated~ftv1UtUv~/ >,2000
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Dated: : D~ , 200 ~
Dated:
Dated:
200 ,
, -
.I /2 L,200b
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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
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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
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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
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