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264194 WHl7E - CITV CLERK (��1��(�� PIN'K - FINANCE CANARVf- DEPARTMENT GITY OF SAINT PALIL F le ci1NO. !v v BLUE - MAYOR . � � � il es lution Presented By Referred To Committee: Date Out of Committee By Date RESOLVEDf Tha.t the Council of the City of Saint Paul does hereby approve and authorize the City Attorney to execute on beha.lf of the City a Stipulation of Settlement and Dismissal of Appeal in regard to the acquisition of Parcel 3 for Prosperity Park Open Spa.ce La.nd Pro j ect and providing f or the payment of the sum of $29,500.00 to the owners of said Parcel 3, and authorizing the dis- missal of the City�s appeal from the Court-appointed commissioners' award in the said matter. COUNCILMEN Requested by Department of: Yeas Nays Christensen Hozza �_ In Favor Levine � Roedler B Sylvester A gainst Y Tedesco � President Hunt Adopted by Council: Date �E P 1 0 1974 Form Approved i Atto n y Certifie se y Council Secretary BY , By � �, / Appro d by Mayor• Date 1 74 Approve Mayor or n ounc' By By PUBI_4SNF� SEP 14 i974 � ' � 264�94 CiT�Y OF SAINT NAUL OFFICE OF THE CITY ADMINISTRA'TOR FRANK D. MARZI'fELLf September 6, 1974 � T0: Mayor Lawrence D. Cohen � Fk: Frank D. Marzitelli �// ! ;i� � �: Prosperity Park Open Space Land Project I have reviewed the above referenced resolution and am in agreement with same. Your approval and submission to the City Council for action is recommended. FDM/ca Attach. _/ • { �— r � �'yv1.��.�/ �"� l%►'� � `' � � City Hall, Saint �aul, Minnesota 55�02 . ! � 3 � l��b����� CITY OF SAINT PAUL OFFICE OF THE CITY ATTORNEY September 6 , 1974 R. SCOTT DAVIES Members of the Council of the City of Saint Paul: The City Council, by Ordinance 14906, adopted September 9� 1971, authorized the acquisition of lands necessary for the development of Prosperity Park Open Space Land Project No. Minn. OSA-116. Fursuant to this ordinance� attempts were made to acquire the real property by direct negotiation. This failed, and the City Attorney initiated condemnation proceedings . The Court-appointed commissioners filed their determina.tions of damages for the land condemned by the City� and as to Parcel No. 3, concluded that the value of this property was $27,500.00. Both the City and the owners of Parcel No. 3 filed an appeal from this award made by the commissioners . The owners of the property, through their attorney� have offered to settle the appeals if the City agreed to pa.y $29,500.00, this being $2�000.00 more tha.n the commissioners' award. I have discussed this offer with both the City Administrator and City Valua.tion Engineer, and they both recommend that the City accept the offer of settlement. I hereby request tha.t the Council authorize our office to settle the acquisition of Parcel No. 3, and tha.t our office be authorized to pa.y the sum of $29�500.00 for this pa.rcel. Trial is set for Thursday� September 12 . I request tha.t the Council consider the attached resolution at its regular meeting on September 10. Ve t�ly y u s, ., � i JE�O J+ S ` As��' sta ' Ci y ttorn y i � JJS:er Encl. cc:Frank Marzitelli, City Admnr. Bill Donovan, Valuations City Hall, Saint Paul, Minnesota 55102 Bob Piram, Community Services 612 298-5121 WHITE — CITY CLERK ' A����� PINK� � — FfNANCE • COL1AC11 � � CI.IVARY — DEPARTMENT C�iITY OF SAINT� PALIL (...UE — MAYOR �~� Fiie N 0. � �ouncil ��esolution � P:esented By � � . Referred To Committee; Date Out of Commit#ee By Date RESOLVED= That the Council of the City of Saint Paul does hereby approve a..id authorize the City Attorney to execute on behalf of the City a Stipulation of Settlement and Dismissal of Appeal in regard to the acquisition of Parcel 3 for Prosperity Park Open Spa.ce La.nd Pro j ect and providing f or the payment of the sum of $29,500.00 to the owners of said Parcel 3, .and authorizing the dis- missal of the Cityts appeal from the Court-appointed commissioners` award in the said ma.tter. � . COUNCILMEN "-�� I�ays Requested by Department of: a cctJ Christensen Hoaza In Favor Levine Rcedler - Against BY Sylvester Tedesco President Hunt Form Approved by City Attorney Adopted by Council: Date � Certified Passed by Council Secretary BY By Approved by Mayor• Date Approved by Mayor for Submission to Council Ey BY