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HomeMy WebLinkAboutResolution No. 2006-104 RESOLUTION NO 2006-104 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA APPROVING SETTLEMENT OF EMINENT DOMAIN PROCEEDING WHEREAS, the City of Columbia Heights, Minnesota ("City") acquired the property located at 450 38th Avenue NE, and legally described on Exhibit A attached hereto ("Subject Property") in eminent domain proceedings for construction of Huset Parkway (Parkway Portion") and redevelopment ("Redevelopment Portion"), effective June 1,2005; WHEREAS, when acquired by the City, the Subject Property was owned by Daro J Smith and Rita A Smith, as Trustees (1/2) and Scott A. Smith (1/2) subject to a lease in favor of Steel Tech, Inc ("Tenant"); WHEREAS, on June 1, 2005, the date of taking, the City deposited its approved appraisal of value in the amount of $490,480 for the Subject Property with the District Court for Anoka County in said eminent domain proceedings; WHEREAS, the Owners and Tenant claimed additional damages (beyond the amount of the Quick Take Deposit) of$125,775, plus interest, as a result of the taking ofthe Subject Property; WHEREAS, the Court appointed three condemnation commissioners to determine the damages caused to the Owners by the taking of the Subject Property, which commissioners viewed the property and scheduled evidentiary hearings for that purpose; WHEREAS, the City's Attorney has negotiated a settlement of the Owners' and Tenant's claims of damages due to the taking of the Subject Property for the additional amount of $42,500 plus interest at the judgment rate to the date of payment, subject to the approval of the City Council; WHEREAS, City staff concurs with the amount of the settlement; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights, Minnesota as follows: 1. That the settlement amount of $42,500 plus amounts previously paid and plus interest from the date of taking of the Subject Property to the date of payment is hereby approved. 2. That the City Clerk and Mayor are authorized to execute the Stipulation of Final Settlement and take all other actions necessary to complete the obligations of the City pursuant to its terms. 3. That the City Attorney is authorized to take all actions necessary to complete the obligations of the City pursuant to the Stipulation of Final Settlement. Adopted by the City Council of the City of Columbia Heights, Minnesota this 14th day of August, 2006. Offered by: Second by: Roll Call: Diehm Kelzenberg Ayes: Peterson, Williams, Nawroc~hm, f' 1 t ~. ~ Attes' . Patricia Muscovitz, CMC Deputy City Clerk/Council Secreta..'"'j FIRST AMENDED EXHIBIT A LEGAL DESCRIPTION OF REAL ESTATE TO BE ACQUIRED PARCEL G (Abstract) (PIN No. 35-30-24-34-0002) (450 - 38th Avenue N.E.) Property Address: 450 - 38th Avenue NE, Columbia Heights, Minnesota 55421. Legal Description of Property to be Acquired: Lot 3, Auditor's Subdivision No. 50 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 County Recorder in and for Anoka County, Minnesota Interests Being Acquired: Name Nature of Interest Daro 1. Smith and Rita A. Smith, Trustees, or Fee Owner of an undivided one-half (1/2) their successors in trust under the DRS LIVING interest TRUST dated March 22,2001, and any amendments thereto Scott A. Smith Fee Owner of an undivided one-half (112) interest Spouse of Scott A. Smith, if any Possible Holder of an Interest SteelTech, Inc. a Minnesota corporation Tenant Soo Line Railroad Company, a Minnesota Possible Holder of an Interest corporation, dba Canadian Pacific Railway Florence V. Pearson Possible Holder of an Interest Spouse of Florence V. Pearson Possible Holder of an Interest oka County Real Estate Taxes City of Columbia Heights Special Assessments All other parties unknown, together with Any right, title or interest in the Subject unknown heirs or devisees and spouses, if any Property