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Home My WebLink AboutContract 1948 G.i~IDlI 470 U.S. Bank Plaza 200 SotHh Sixth Street Minneapolis, MN 55402 (6]2) 337-9300 telephone (612) 337-93]0 fax C H ART ERE D Attorney at Law Direct Dial (612) 337-92]9 Real Property Law Specialist Certitled by Minnesuta State Bar Association October 25, 2006 Randy Schumacher Proj ect Manager City of Columbia Heights 590 - 40th Avenue NE Columbia Heights, MN 55421-3835 R.E: City of Columbia Heights v. Anoka County District Court File #C7-05-1679 450 - 38th Ave NE Parcel G - Smith et al. Dear Randy: Enclosed herewith is the this matter which has now been signed on behalf 01 the owners. 1 have also signedlt. Please arrange for it to be signed on behalf of the City by the Mayor and the City Clerlc When it has been signed, please take a copy for your file and return the original to me. I will file it with the COUli and distribute a copy to the Owner. Please arrange for issuance of a check by the City which is payable to DRS LIVING TRUST, Scott A. Smith and SteelTech, Inc. in the amount of $44,95].] 6. The payment amount is calculated as follows: Principal amount $42,500.00 2005 Interest (at 4%) (6-] -05 to 12-3] -05 214 clays X $4.66 per day) 997.24 2006 Interest (at 4%) (1-1-06 to 11-8-06 estimated date of payment 3] 2 clays X $4.66 per day) ],453.92 Total Payment $44,951.16 When the check is issued please sencl it to me and I will transmit it me the attorney for the Owners. Please let me know if you have any questions. 300450v] RJL CL205-25 Schumacher October 25, 2006 Page 2 of2 V cry truly yours, RO~ RJL:rcc Enclosure cc: Larry Martin Steve Bubul 300450vl RJL CL205-25 Case Type: Condemnation STATE OF MINNESOTA DISTRICT COURT COUNTY OF ANOKA TENTII JUDICIAL DISTRICT Court File No. C7-05-1679 City of Columbia Heights, municipal corporation, a Minnesota Petitioner, STIPULATION OF FINAL SETTLEMENT vs. PARCELG 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 .,...... .... ..- .. . . .. .... . J'9 ~ . .. ".. .. "_ ~ . _ ._ Lompany, a IVllnnesorn non-prom: corporauun, Region Truck-Equipment, Inc., a Minnesota corporation; Daro J. 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; SteelT ech, 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. 295052v4 RJL CL205-25 THIS AGREEMENT is entered into this day of October, 2006, 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 Respondents 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 (owner of an undivided Y2 interest), Scott A. Smith (owner of an undivided Y2 interest) (collectively, "Owners") and SteelTech, Inc, a Minnesota corporation ("Tenant"). L RECITALS 1.01. The City commenced this proceeding to acquire the real estate located at 450 38th Avenue NE, Columbia Heights, MN 55421, which is identified in the above captioned matter as Parcel G and is legally described on Exhibit A attached hereto and incorporated herein ("Subject Property"). 1.02. The Court entered its Findings of Fact, Conclusions of Law and Order Transferring l""I"'-.f t........ . €'IT"-. " .~t" ,'" , ,.0 ',~ .1.._ l"'t,1~~_ _.. ~_~_"_ _....,..L. __~t,..~_1_ _____ ~1_,.j ~~ .Lt.._ _..re__ .-J:' uue ana rosseSSlOn or rropeny wnn respect to me ,:,uoJect rIUpt::HY WlUCll WU:S lUI;:U III un:: Vl111,;1;: VI the District Court Administrator on April 27, 2005. 1.03. The Court entered its Findings of Fact, Conclusions of Law and Order Appointing Commissioners with respect to the Subject Property which was filed in the office of the District Court Administrator on April 27, 2005. 1.04. On June 1, 2005, the City deposited $490,480.00 with the District Court Administrator as its estimate of the damages caused to the Owners and Tenant by the City's taking of the Subject Property in this matter ("Quick Take Deposit"). 1.05 The Owners and Tenant have claimed additional damages (in addition to the Quick Take Deposit) in the amount of $125,775 as a result of the taking in this matter of the Subject Property. 295052v4 RJL C1205-25 2 1.06. The City has previously processed and paid the Tenant's claim for relocation expenses resulting from Tenant's displacement from the Subject Property. 1.07 The City, Owners and Tenant have reached agreement upon the total amount of damages to be paid to Owners and Tenant in final settlement of all claims of the Owners and Tenant as a result of the City's taking herein of the Subject Property and desire that this Agreement describe the terms of said settlement. n. 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, Owners and Tenant agree to settle all claims of the ,.... 'I,......,. -," ...... . -,-. . .. ~.1.... rc .1.,-. .,~,"""',._._ _.~,~" f't_.., _J..J~......~____1 ...1________ ._.r' uwners ana 1 enam wltn respect IO me acqUlSluon or me "UOJe~L .n upeny 101 UUUlUumu uWlluge:s VI $42,500, not including the City's Quick Take Deposit, but which amount includes all amounts remaining due and owing with respect to the Subject Property in this proceeding, including but not limited to amounts due and owing for just compensation, costs and disbursements, including relocation benefits, appraisal and attorney fees, except interest. 2.03. Payment of Settlement Amount. This agreement is subject to City Council approval. Provided that City Council approval is obtained, the City shall issue a check payable to Owners and Tenant in the amount of $42,500 plus interest thereon at the judgment rate from June 1, 2005 to the date of payment, within 15 days after City Council approval is obtained. 2.04 Waiver and Release. Subject to performance by City in accordance with this Agreement, the City, Owners and Tenant mutually waive any and all rights to any further notices, 295052v4 RJL CL205-25 3 viewings, or hearings regarding the instant condemnation action and the parties hereto mutually release each other from all further claims for damages and relocation benefits herein or any other claim arising from this proceeding. Dated: October ~ 2006 L.D. By: Larry . Martin Attorneys for Respondents Daro 1. Smith and Rita A. Smith, Trustees under the DRS LIVING TRUST dated March 22,2001, Scott A. Smith and SteelTech, Inc. 2006 ,""" Dated: October By: Dated: October 2006 Daro 1. Sm , Trustee, or successors in trust under the DRS LIVING TRUST dated March 22, 2001 ~~,._"""."._~ \ 1" ...!;, By: 'Xi .~~" ~2\"" U ~ Rita A. Smith, Trustee, or successors ... ~ 1 .1,,~T"'a.i"'1TT"TTT"/l..T""" In rrusr unuer me UK" Ll V ll'lU TRUST dated March 22, 2001 Dated: October 2006 By: Scott A. Smith STEELTECH, INe. Scott A. Smith, President Dated: October ~ 0 ,2006 By: 295052v4 RJLCL205-25 4 Dated: October 2-6,2006 ~ Dated: October" 295052v4 RJL CL205-25 2006 And By: Robert J. LindaU (632 470 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 Its City Clerk 5 FIRST AMENDED EXHmIT A LEGAL DESCRIPTION OF REAL EST ATE 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 ofInterest 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 f""I""l.......TTl'"'I1"T"l1 . . 1"... .1 ...",." ......^^.. .+ ~1 lKU;:'l aarea IVlan.:n kk, kVVl, ana any amendments thereto Scott A. Smith Fee Owner of an undivided one-half (1/2) 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 Anoka 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 295052v4 RJL CL205-25 6