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
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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