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HomeMy WebLinkAboutContract 2345 C o) - STERN & ANDERSON P.A. JAMES HURD ANDERSON BARRISTERS TRUST BUILDING ATTORNEY AT LAW 247 THIRD AVENUE SOUTH MINNEAPOLIS, MN 55415 -1003 Telephone:(612) 747 -6662 Facsimile: (612) 333 -6525 e -mail: jha@skypoint.com December 10, 2010 Kevin Hansen City Engineer City of Columbia Heights Public Works Building 637 38th Ave NE Columbia Heights, MN 55421 Re: Columbia Heights vs. J.G. Columbia Heights, LLC, et al. Anoka County Court Administrator File Number: 02 -CV-09 -6192 Dear Kevin: Enclosed is a signed Stipulation of Settlement for the above matter. The appeal period has now expired and I will draft the Final Certificate that will be filed with the Court Administrator and the County Recorder memorializing the City of Columbia Heights easement. I will - ail a draft to you before filing it. t o rely, X mes Hurd Anderson STATE OF MINNESOTA DISTRICT COURT COUNTY OF ANOKA TENTH JUDICIAL DISTRICT • Case Type: Condemnation City of Columbia Heights, a municipal Court File No. 02 -CV -09 -6192 corporation under the law of the State of Minnesota, Petitioner, v. J.G. Columbia Heights, LLC, a STIPULATION OF SETTLEMENT Washington limited liability company; Genworth Life Insurance Company, a Delaware corporation; TVI, Inc., a Washington corporation; Savers, Inc., a corporation; Northern • States Power Company, a Minnesota corporation; Hilltop Drive -In Theater, Inc., a Minnesota corporation; and County of Anoka, Respondents. Respondent JG Columbia Heights, LLC ("JG "), and Petitioner City of Columbia Heights ("City "), by and through their respective counsel, stipulate and agree as follows: WHEREAS, JO and the City previously agreed to settle all claims of JG arising out of the above - entitled matter for a total amount of $350,000, including without limitation, damages of all kinds, interest, attorneys fees, appraisal fees, and other reimbursable costs and expenses; and WHEREAS, said $350,000 is comprised of $147,000 paid at the time of transfer of title and possession to the propeity acquired and $203,000 paid not later than December 10, 2010, _ 1. The City may make and record its final certificate without further proceedings herein; and 2. The Court may make and enter such orders as may be necessary to give effect to the condemnation described in the Petition. DATED: December 8, 2010 PARKER ROSEN, L.L.C. By: ` 4 LL lIAMIL ■ Daniel N. Rosen ' eg. No. 2 I '09 Daniel N. Lovejoy Reg. No. 032646X 300 First Avenue North, Suite 200 Minneapolis, Minnesota 55401 Telephone: (612) 767 -3000 Fax: (612) 767 -3001 ATTORNEYS FOR RESPONDENT J.G. COLUMBIA HEIGHTS, LLC DATED: December , 2010 STERN & ANDERSON, PA • By: / ,, /%L 1 . Anderson (# ) B : •sters' " rust Building 247 3` Avenue South Minneapolis, MN 55415 Telephone (612) 747 -6662 Fax: (612) 333 -6525 STERN & ANDERSON P.A. JAMES HURD ANDERSON BARRISTERS TRUST BUILDING ATTORNEY AT LAW 247 THIRD AVENUE SOUTH MINNEAPOLIS, MN 55415 -1003 Telephone:(612) 747 -6662 Facsimile: (612) 333 -6525 e-mail: jha@skypoint.com December 10, 2010 Daniel Rosen Attorney at Law 300 First Avenue North Suite 200 Minneapolis, Minnesota 55401 Re: Columbia Heights vs. J.G. Columbia Heights, LLC, et al. Anoka County Court Administrator File Number: 02 -CV -09 -6192 Dear Dan: Enclosed is a signed Stipulation of Settlement. I presume by now you have picked up the check from Kevin Hansen at the City. I will proceed to file and record the Final Certificate with Anoka County to complete this matter. Sincerely, James Hurd Anderson . Kevin Hansen ® City of Columbia Heights City Council Minutes Monday, November 22, 2010 Page 1 of 1 Condemnation award, analysis and recommended settlement, City Project 0906 - Gateway Pedestrian Bridge. Motion by Kelzenberg, second by Williams, to settle the land acquisition of property at 4849 Central Avenue at $203,000 following the Condemnation Commissioners award and State Law requirements. The total cost would be $350,000. Diehm stated this is to accept the offer and not go to trial. Nawrocki stated that ultimately these are tax dollars and the bridge gets more and more expensive. Upon vote: All ayes. Motion carried.