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270910 WHITE - C�TV CLERK COl1RC11 ry��V�� PINK - FINANCE GITY OF SAINT PAUL CANARV - DEPARTMENT BLUE - MAYOR File NO. uncil Resolution Presented By Referred To Committee: Date Out of Committee By Date RESOLVED, That upon execution and delivery of a release in full to the City, in a form to be approved by the City Attorney, the proper City officers are hereby authorized and directed to pay out of the Tort Liability Fund 09070-511-000 toa Revel Washington and Helen Washington, and Roy Baber the sum of $4,740.84 in full sattle- ment of any damages they may have sustained on or about November 1, 1974, as more particu- larly set out in n Stipulation for Dismissal Without Prejudice and a Relase of All Claims on file with the office of the City Attorney, Saint Paul, M innesota. COU[VCILMEN Yeas Nays Requested by Department of: Butler � Hozza [n Favor Hunt Levine _ v _ Against BY — Roedler Sylvester —�essa �� � $ �]�'� Form Approved by City Attorney Adopted by��.c�ffficil• Date — Certi��Pas- by rrcil Sec�tary � BY - / /7JZ-- ��7� Approved by Mavor: Date _ !3 Approved by Mayor for Submission to Council � By B�' pU6LISHED APR 3 � 19�$ . � ��`�.���� �>. . . RO�C,TY °°�, � CITY OF SAINT PAUL _ : ' OFFICE OF THE CITY ATTORNEY �° ` �c HARRIET LANSING, CITY ATTORNEY ... George Latimer City Hall,Saint Paul,Minnesota 55102 Mayor 612-298-5121 April 7, 1978 MII�IORANDUM CLAIM BY REVEL AND HELEN WASHINGTON, AND ROY BABER AGAINST THE CITY OF SA INT PAUL Claimants, each alleging some form of property interest in a residential structure at 735 Laurel Avenue, Saint Paul, Minnesota on or about November 1, 1974, sued the City of Saint Paul for damages sustained as a result of the removal of tke building on said date. Claimants alleged that the City removed the build- ing without affording them notice and the right to be heard prior to the removal, The City summarily removed what was considered by City Offi�ials as an extremely hazardous building becausa it was believed to have endanged the health, safety and welfare of the surrounding community. Liability and the extent of the possible damages were in dispute. Claimants alleged damages of $25,000. The City denied primary liability but further alleged that assuming wrongful removal there were no damages as the deteriorated building had no value. This office approves a final and cc�m- plete settlement by paying to claimants the sum of $4,740.84 to be apportioned between them as they see fit. WALTER A. BOWS ER Assistant City Attorney WAB:rl �O . „ ' ������ STATE OF MINNESOTA DISTRICT COURT COUNTY OF RAMSEY SECOND JUDICIAL DISTRL CT Revel and Helen Washington, Plaintiffs, and Roy Bab er, Plaintiff, STIPULATION OF MOTION vs . FOR DISMISSAL WITH PREJUDICE City of Saint Pau1, Defendant. ----------------------------------------- THE PARTIES HERETO, the same being the only parties of interest herein and for th e purpose of effecting an amicable settlement and disposition of their differences herein, waive their rights to a formal trial and do hereby stipulate and agree as follows : I That on or about December 18, 1973 a fire o.f unknown origin caused extensive damage to a res9.dentiai building at 735 Laurel Avenue, Saint Paul, M innesota. � zI That at the time of. the fire the building was owned in fee by Roy Baber but possessed by Revel and He1en Washington as vendees under a contract for deed. III That as a result of the fire, insurance proceeds of Twenty thousand dollars and no cents ($20, 000.00) , representing the maximum payment f.or loss to the building itself, were disbursed to individ- uals possessing legal interest in th e building . . IV � That on or about January 25, 1974 Re��el and Helen Washington .., . � � � .�: _ _ _ - � ,_ _ �-- �, , � , . � . . �� �r-:Y..,. .., .... .. - . �.., � .:... _ . � ... -._.-..-. . . .. �� :.. .5 ..... . . ' .._ _ 1... � . ..� by way of quit claim deed, conveyed to Roy Baber any and all interests they possessed in 735 Laurel Avenue. V That between January 14, 1974 and October 22, 1974 city officials trom the Housing Code Enforcement, Building Inspection and Mayor ' s offices made periodic inspection of what was determin�d to be a deteriorated and vacated building which created an imminen�ly dangerous situation and which required summary removal. VT That because of the building ' s dangerous condition, the City of Saint Paul under the direction of the Mayor ' s Administrative Order of October 23, 1974 did on or about November 1, 1974 cause t he building to be removed. VIZ That prior to the removal, the City mistakenly mailed notices to James and Rhea Nyquist, and not to Roy Baber who was the record owner of the property. vz�z It is the claim and contention of the plaintiffs in this law- suit that the City failed to give notice to the proper parties with interest in the property as required by Minnesota 5tatutes Chapter �463 and by failina to do so did improperly remove the building causing plaintiffs to suffer damage. IX It is the claim and contention of the City that Plaintiff.s failed to properly maintain in safe condition, an imminently hazardous . buiZding and that the City using its common law emergency powers was compelled to summarily remove same to protect the health, welfare and safety of surrounding areas and residents, particularly chilc7ren. � 2 . _ _ . . , . ..�... . �.-`t. 4� .�--�. } �, r t ~ .., - -� ..,,,.,_-.,,1 �.-x� t � .� 1 X It is also the claim and contention of_ the City that the . building in its deteriorated condition was a liability rather than an asset to the property, and therefore the remo�al thereof bene- fitted plaintif_fs rather than caused �amages. XI It is further the claim and contention of the City that if damages of any amount would be deemed appropriate, Revel and �elen Washington would not be entitled to any recovery as they had con- veyed a11 their interests to the premises to Roy Baber prior to the removal of the building. XII WHEREAS, it is the desire of the parties to compromise and . settle their differences and waive their rights to a formal hearing, NOW THEREFORE, it is stipulated and agreed by way of compramise settlement of the respective claims of the parties as heretof_ore set fort�, that the City will pay and Revel and Helen Washington, and Roy Baber will accept the lump sum of Four thousand seven hundred forty dollars and �eighty-four cents ($4,740.84) as a full, final and complete settlement of any and a11 claims, past, present and future which plaintiffs may have as a result of the City' s re- moval of the building on or about November l, 1974. IT IS FURTHER stipulated and agreed by and between the parties that Revel and Helen Washington, and Roy Baber agree to execute a general release to the City and to dismiss their claims with prej- udice in File No. 406290. . WHEREFORE the parties hereto, through their respective counsel, respectfully request the Court issue an order in accord with the 3. � -'"`{ �" .,, � ... r ,, --� ,'...�:;_�-,,.,�:•� .�.;� _ . . ::,:. .. , � -, .... .. terms of this Stipulation for Dismissal, and the agreements of the parties set forth herein, and that the plainti.ffs ' suit filed herein be dismissed with prejudice and without costs and disburse- ments to any party. Dated:_� � �j ! � �j Dated:�����c� � ,.l,-� �� ��--���._ �1:�,.;. Revel Washington � Andrew P. En retson ,� � �� Engebretson d Gallena �iLJ',,��..,, , ��.�1 Suite 304 McColi Bldg . Helen Washington�J Saint Paul, M innesota 55101 � � Attorney for Plainti�fs and � Dated: - �j 1 � �^ � • .� � ,`- �`'�/' ��Ci Date�d�: �� /s�� Roy aber � ;/' � C ITY OF SA 1`NT PAUL HARRTET LANSING CITY ATTORNEY �_ _ _ ._ ._._.. --c-�c�.�¢.t- .�v a�Ct..'�'..t.f.�- WALT ER A, �OWS ER ASSTSTANT CITY ATTORNEY 647 Court House Saint Paul, Minnesct a 55102 Attorney tor Defendant j't' '',� /tt��':�;°, rr? _ .c�el ��.y;�,�..�. � +.;-�- ==�1-- �^ h^,Veri'v--�...._,—..,...__���c�l�i'i1.•JJ.� ���'. C::� ,^::tfern�y .:-x:.�.,:-�., N,s....-YPoI� ic ,..: ,.. .. , ... . .� ..i'. . ._ , * � :.�: _ _ '. . N �i i:v._ (?;�� i.i I"�: . . ,�. ,.,,.�`� . �i:� ri��.:f i', .,. � . SA.lt�'7 P:^,�:!_, t;. .'!:�i;'i"l1 � �.._.�_,_...._.K� .. , .. ,w..,,.�_..�..,.:. ,. .._ 4. ,_„ ,._� �=`t �. �� : � . .;. ,�::,�:'- , _ _ '-� -. , � ff���� RELF.ASE OF ALL CLA IMS The undersignec7, being of lawful ages, for the sole considera-- tion of Four Thousand Seven Hundreci Forty Dollars and Eighty-four Cents ($4, 740.84) to be apportioned by and between the undersigned, receipt whereof is hereby acknowledged, do hereby and for our heirs, administrators, successors, and assigns release and forever discharge the City of Saint Paul and its agents, employees, officers and successors f_rom any and all claims, actions, and causes of action, known, unknown, foreseen, and unforeseen property damage and the consequences thereof resulting or to result from the City of Saint Paul 's removal of a dangerocas residential building at 735 Laurel Avenue, Saint Paul, Minnesota on or about Novem'ber l, 1974. It is understood and agreed that this settlement is the com- promise of a doubtful and disputed claim, and that the payment made is not be construed as an admission of. liability on the part of the City hereby released, and the City denies liability therefor and intends merely to avoid lititation and buy its peace. The undersigned hereby declare and represent that the alleged damages sustained are or may be permanent and progressive and that recovery therefrom is uncertain and indefinite and in making this Release it is understood and agreed, that the undersigned rely whol upon the undersigned ' judgment, belief and knowledge of the nature, extent, effect and duration of said damages and liability theref_or and is made without reliance upon any statement or representation of the party released or its representatives. The undersigned further declare and represent that no promise, � . � � ���. ':•,.,� �,.. ..., - ' ,,� . _ - . . < `� -� . . , = .t . ` _ � inducement or agreement not herein expressed has been made to the un�ersigned, and that this Release and the Stipulation for Dismissal with Prejudice on file with the District Court Second Judicial District, contain the entire agreement between the parties hereto, and that the terms of this Release are contractural and not a mere recital. THE UNDERSIGNED BEING REPRESENTED BY LEGAL COUNSEL HAVE READ THE FOREGOING RELEASE AND FULLY UNDERSTAND IT. SigneB, sealed and delivered this _ day of , 1978. Witness � Revel Washington Witness Helen Washington and Witness Roy Baber i State of M innesota ) ) ss. County of Ramsey ) On the day of r _ , 1978, before me per- sonally appeared Revel W�shington, Helen Washington, and Roy Baber, to me known to be the persons named herein and who executed the foregoing Release and they acknowledged to me that they voluntarily executed the same. 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