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278808 WHITE - CITY CLERK (�(�(�� PINK - FINANCE COU�ICII � �('yf(�`(�3�rp CANARV - DEPARTMENT G I TY OF SA I NT PAU L 2 �4��• `.+ BLUE - MAVOR File NO. RETURN COPY TO ASSESS S DIVISIO ouncil Resolution Presented By � Referred To Committee: Date Out of Committee By Date RESOLVED, that Edward and Loretta Enright of 355 West Cottage Avenue be pa�d $1�250.00 for damages �ncurred to the:�r property due to the construction o� Virginia Street (F�nance F�Lle No. 18136G) and that sa�,d payment be paid from PIR Fund 62297s731.000. To be reimbursed from 1980-09050 (6008�-799-000) COUIVCILME[V Requested by Department of: Yeas Fletcher Nays Levine Faln and Ma.nagememt Services Masanz �n Favor Nicosia _ � __ Against BY Scheibel �C. Tedesco `� " W��� JUN 1 01982 Form Approved by i A n Adopted by Council: Date �� Certified Pa s y Council S tar BY By /lppr y iNavor: e � � 5 �9 Z Approve f Submiss' n Counci � � �jj�'���.�. By , _ �— By .����� ,�,t ., ,; ' ]9�? i ��udb;;�fil� J�!�a � `� _...__�,�_� � . . 2�����8 ��T• �:�> C(TY OF SAINT PAUL a R•` 7��': '; _� OFFICE OF THE CITY ATTORNEY ? ~i %+ ����,�I��'���� i� r%. �� EDWARD P. STARR, CITl' ATTORNEY ,.o,, = 'r�,���F 64,' CiR Hal�. Saint Pauf, Minnesota »1G2 612-298-5121 GEORGE LATIMER MAYOR 25 May 1982 John Saumweber 218 City Hall B U I L D I N G Re : Claim against City of Saint Paul Edward and Loretta Enright Our File Number S-81-0382 Dear John: Enclosed please find the executed releases in the above referenced matter . I have also enclosed a letter from Mr. Donovan dated June 10 , 1981, recommending payment of the Enrights claim. �— �*;T�; *�g thP PTR Ftlnd nl] 11cr �rnm �h i r'-` +-�^ --ril �=_�_ - - -�,1 r� l�,o „ '�- J If you have any further questions , please contact me at 298-5121 . Sincerely , LARRY TIN Investigator LM/mkc enclosures . . ��: :-� �- 2�����s �:�� '`� RECEIVED CITY OF SAINT PAUL INTERDEPARTMENTAL MEMORANDUM JUN � � 1981 ci�Y ���c���Y June 10, 1981 Larry Mar�i.n � Investigator Ci�y Attorney's Office� 6�+7 C ity Ha11 BUILD IIVG Re: Claim of Dama.ges by Mr. Ed Enright (Virginia Street) Dear Mr. Martin: This letter is to conYirm your conversation with Mr. Nelson f�om this office regarding Mx. Enright's clai.m. I recommend that the claim for $1,250.00 be paid. The said payment is due to additional dama.ge to Mx. Enright's property in the open.ing and i.mproving of Virginia Street. Please make check paya.ble to N�. Edw'ard and Loretta. Enright �� , e re . If you have a�y questions, plea.se call Dave Nelson at Ext. 7021. Yours very truly, � W�� („�J. Willism Dono`ra.n b� Valuation and Assessment Engineer JWD:DN:dm RECEIVED 2►�����8 � , - RELEASE OF ALL CLAIMS + ��,J- S-81-0382-5-11-82/lm ��'`� J`� �C�UW ALL MEN BY THESE PRESENTS: • CITY ATTORNEY That the Undersigned being of law•1ul a�e, for the sole consideraticn of One thousand two hundred fifty and ri0�100 Dollars (5 1 �250 .00 � to the undersigned in hand paid, receipt whereof is hereby acknowledged, do/does hereby and for mv,'our/its heirs executors, administrators, successors and assigns release, acquit and forever disch�rge Clty Of Saint Paul and his, her, their, or its agents, servants, successors, heirs, executors, administrators and all other persons, firms, corporations, associations or partnerships of and from any and all claims, actions, causes of action, demands, rights, damages, costs, loss of service, expenses and compens�+tion whatsoever, which the undersigned now has!have or which ma}� hereafter accrue on account of or in any way growing out of any and all known �nd unknown, foreseen and unforeseen bodily and personal injuries and property damage and the consequences thereof resulting or to result from the accident, casualt} or event which occurred on or about the dav of Fall , 19 80 , ac or near �55 Cottage Avenue , Saint Paul, Ramse_y County, Minnesota, due to damages resulting from the aradinq and cuttin of Virginia Street during the fall of 1980 It is understood and agreed that this settiement is the comproTise of a doubtfu] and disputed claim, and that the payment made is not to be construed as an admission of liabilit�� on the part of the party or parties hereby released, and that said releasees deny liability therefor and intend merel} to avoid litigation and bu�� � their peace. The undersigned hereby declare(s) and represent(s) that the injuries su�tained are or may be permanent and progressive and thati recovery therefrom is uncertain and indefinite and in making this Reledse it is under- stood and agreed, that the undersigned rely(ies) wholl} upon the undersigned's judQment, beliet and knowledge of the nature, extent, affect, and duration of said injuries and liability therefor and is made without reliance upon any statement or representation of the party or Farties hereby released or their representatives or by an� physician or surgeon b}� them employed. The undersigned further declare(s) and represent(s) that no pr��mise, ir.ducement or agreement not herein expressed has been made to the undersi�ned, and that this Release cont�ins the entire agreement between the parties hereto, and that the term5 of this Release are contractua! dnd not a mere recital. THE UNDERSIGNED HAS READ THE FOREGnING REL�ASE ANf� FULLY UtiDERSTANDS IT. X Signed, sealed and delivered this da}• of , 19 CAUTIQN. READ BEFO E SIGNING BELOW� ��� �� � _ ) c��, � � X � ��-�' � � :�� � es.� � X . ; ,� _ , Edward Enright Witn �s -- . Witness � � Lore ta Enri t �M A D; STATE OF ��,Il�"/la.sn t�"/� � � A$$�.C�� AIT�NE� ,(� SS. COUNTY OF��Q,/1;'�S �/ , �� • -- }{ On the' _—����,��� day of _ ------- 19 �efo e me per�onal �• appeared � � ✓ to me known to be the person(s) named herein and who executed the re�oing Relea�e and _ acknowledged to me t at 'I '�^^^ti^^�'�^�1'6' htt�9ti�� a h ����"�.. THERE HER �///� � ;14�' term evnir�s ` �>-� `��: NCTA�Y� NNESO / � �/ `--� . � . 2`788�8 � � � � �OUTING an�n EXPLANATI�N sxE�r RECEIVED � GREEN SHEfT For ,�dministrative Orders, Resolutions, Ordinances and �greements '�Ur� a �90G ' RGUTIMG ORBER � ROUTE BY ASSIf:NE,� NUMBER: � �-- IREC7'OR OF MANAGEMENT �dward Warn 3 htp R �]'v�� � IIEPARTMENT DIRECTOR DIRECTOR� FINANCE �i MGT� SERVICES� n _ C CITY ATTORNEY 4 CITY CLERK, �U N J ��82 BUDGET DIRECTOR w��YOI�S ����C� _ � .�----_" R _TIQN R aLt S_TE� �C IP A nf,�,T�ONS FOR MAY�RAL StGNATt1RE): Authorize payment for damages incurred to Edward & Loretta Enright's property due to the construction of Virginia Street. �f1�7 ' iLL � ACHIEVE� BY TaKING,,,�CTiQN ON 7HE ATTACHED MATERIALS �PL�RPOSE ANO RATIONALE)7: Satisfaction of Enright's claim for damage incurred to their property. FtNANCtAL. BIflGETARY AIVtf PE,RSOp1NEL �MPACTS AMTtCiPATED; - Since the project has been ratified by Council File No. 278310, the payment will be funded by 1980 PIA funds. (Please Note: No city aid was needed for the project prior to the claim, although $11,003.00 was budgeted.) ' ATTACHME"JTS �LIST ALL ATTACHMENTS): 1� Council Resalution 2, Letters from Larry Martin & J. Wm. Donovan 3, Release form ;VC i.eaae �2�•c�v �c�2as�.�c� �at cwLzcune►ct ej -Lie �o £eew.��g suppen.Lcru� oc.umc,s s Ue�+�.�anaxt : " • G'u'J A�Lte-s►�eu: 1. C�waci.� k2�cluLi.,:st R2:�;i,i,�r.�:" x yES vC 1. �CZ.scPuLi.ort•" 1/ES �0 _. I�w;�,uuic2 Re?a.i,_ed? YFS x V(] ?. 1►�suta�tce Sujy�i.e.ct�utt? YES NO 3. I►;ai'.a:tct aLi.:C;ted" YES X .UO F�isz� CY�i•4/S/82