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245404 __ .,:_ . ,, _ _ _ �, �, <r . , . ; :� ��, _ � . , : ... � ; _ 245404 f' � ' CITY OF ST. PAUL ; COUNCIL FILE NO. Resolution Ratifying and Confirming : By Condemnation and Awards of Damages File No.�— �� and Assessment Therefor In the matter of � � � � �,� � � �,� �� iiet i�►�St e�r w�� r� a��r �1 st�► +�os� �wi � l�;1�� Lu�t liE� i�r �iw� �� f�r t, �e� � � �, � '�M !�� i� �1 *t ��s 1�,� 1�, � a�rt L�, Lr�u i idue�w�r �i, i�lt �� #ii►�s � �t in4* �1 a�t,�et t* illar tst !3, ��1t li, �itls D��t +�s! i� ��. Til�ao.�' under Preliminary Order �� , approved Qabt�a's` '�!�, 1li� , Intermediary Order—__ �IOL! , approved � �y, � � Final Order ��'t1l� , approved- � �� . A public hearing having been had upon the taking and condernnation of the lands or easements therein, for the above improvement, and the award of damages therefor, and also upon the assessment of benefits therefor, and the Council having duly considered the same, now therefore be it Resolved, That the taking and condemnation of the lands described in the annexed assessment roll, identified by the signature of the Commissioner of Finance, and made a part he�eof, and the awards of damages to the owners of such lands for said taking and condemnation as set forth in said assessment roll, be and the same is hereby in all respects ratified and confirmed. Resolved further, that the said assessment of benefits, be and the same is hereby in all respects ratified, and the same is hereby ordered to be submitted to the District Court for confirmation. � COUNCILMEN Yeas Ca�ison Nays Dalg��sh Adopted by the Council— AUG 2 T 1969 Mered'+th AUG 2 7 1969 PetersOn Approv $prafka � Tedesco i In Favor $Y� � � M yor _ Against Form R-3 �� e�rs�� AU6 3 01969 � _ � `�� 4 � NILYA, SH�W AND FRISCH c�-- ��.- � ATTORNEYS AT LAW 2350 WEST SEVENTN STREET SAINT PAUL, MINNESOTA 55116 ALLEN 1.NILVA IRVING SHAW GERALD E. FRISCH September 24� 17I� 690-1591 Hon. Mayor and City Council City of Saint Paul Ramsey County Court House Saint Paul, Minnesota 55102 Re: Council File No. 245404 Condemnation for Playground - Rice Street & Arlington Avenue, Saint Paul, Minnesota Gentlemen and Madam: On August 27, 1969 your Honorable Body adopted Resolution ratifying assessment and award of damages in the taking of the follow- ing described lands: Subject to easements, vacated alleys and streets accruing and following: Lot M, Soo Line Plat Number 1, Lots D and G, Soo Line Plat Number 2, all of Blocks 11, 12, 13 and 14, Lots 1 throvgh 12, Block 15, Lots 1 through 14, and subject to alley Lot 15, Block 16, "Merrills Division of Aice Street Villas". At that time, the award was ratified tv be submitted to the District Court for confirmation. On July 27, 1970, Order of Ramsey County District �ourt confirmed partial payment to TWin Plaza Co., owner of the subject property, in �he sum of $258,750.00 representing three-fourths (3�4ths) of the award of damages for the subject property in the sum of $345,000.00. On July 29, 1970, the Commissioner of Finance for the City of Saint Paul issued Check No. 51767 to Twin Plaza Co. in the sum of $227,013.78 and issued checks to the City of Saint Paul, Department of Finance, in the sum of $3,528.90 for unpaid installments of assessments for sewer and grading work and issued check to Ramsey �ounty Treasurer in the sum of $28,207.32 for real estate taxes for period from 1964 through 1969. That Twin Plaza Co. objected to the payment of said assessments and real estate taxes; said items were paid vnder protest. Said objection was made to the payment of 1969 real estate taxes in the sum of $4,248.81 and to the assessments in the sum of $3,528.90 on the �J;. . � �� ,. . R •� . Hon. Mayor and City Council Page -2- Septembex 24, 1970 grounds that said i�ems should have been paid by the City of Saint Paul in accordance with provisions of Laws of the State of Minnesota 1969, Chapter 745. Said Statute adopted on May 26, 1969 by the Legislature of the State of Minnesota is effective on July 1, 1969 and provides in part as follows, to-wit: "272.68. PAYMENT OF TAXES AND ASSESSMENTS ON PROPERTY ACQUIRED BY STATE. Sabdivision 1. When the state or a political subdiyision of the state acquires a fee interest in property before for- feiture, by any means, provision must be made to pay all taxes, including all unpaid special assessments and future installments thereof, unpaid on the property at the date of acquisition. For the pvrpose of this sect3an, ..... in the case of condemnation, the date of acquisition st�all be the date of t�e filing of the petition in condemnation. Taxes which become a lien on such pro- perty after the date of acquisition and before the condemning authority is by law entitled to actnally take possession thereQf shall, if paid by the owner, be added to the award, and if not so paid, shall be paid by the condemning authority. ?axes lawfully levied shall not be abated.........". "Subd. 2. Property otherwise taxable, which is acquired by subdivisions of government shall remain taxable u�til the acquir- ing authority is by law or by the terms of a ptarchase agreement entitled to actually take possession thereof." In the subject condemnation, the City of Saint Paul is operating under its City Charter, Section 269, which provides that the Cocincil adopt an Inter- �ediary Order for the fiaking of the property. In the subject condemnation, the Intermediary Order was approved on November 26, 1968, as f3rder No. 241069, and Final Order was approved on March 28, 1969, as Order No. 242912. Accord- ingly, the Qrders entered pursuant to the City Charter, Section 269, are equivalent to the filing of a petition in condemnation in accordance with said Statute, Section 272.68, Subdivision 1. In view of the facts and appropriate law as set forth above, demand is hereby made for reimbursement of 1969 real estate taxes in the sum of $4,582.95 and assessments in the sum of $3,528.90, paid under protest on J�ly 29, 1970. Both of these items are to be added to the amount of the award previously made in accordance with Subdivision 1. of Minnesota Statutes, Section 272.68, set forth above. . . � i ' . Hon. Mayor and City Council Page -3- September 24, 1970 We wili appreciate an early response to our demand setting forth your position in this matter in order that the rights of Twin Plaza Co. and its shareholders are properly preserved and protected. Respectfully yours, NILVA, SHAW A1� FRISCH ,�, � � erald E. Frisch, Attorneys for Twin Plaza Co. GEF:las c.c. Mr. Thomas Stearns AsSistant Corporation Counsel for the City of Saint Paul Ramsey County Court House Saint Pawl, Minnesota 55102 Mr. George Adzick Assistant County Attorney 328 Court House Saint Paul, Minnesota 55102 . '• � + �� r NILVA, BHAWT AND FRISCH ATTORNEYS AT LAW lJ00 WEST 8[V[NTM STRlET SAINT PAIIL, MINNE30TA 'S5118 ALLEN I. NILVA IRVING SMAW � 690-1691 GERALD E. FRISCM 646-7901 August 26, 1969 Hon. Mayor and City Council City of Saint Paul Court House Saint Paul, Minnesota 55102 Attention: Hon. James J. Dalglish Commissioner of Finance In the Matter of condemning and taking for playground purposes the following described lands: Subject to easements, vacated alleys and streets accruing and the following: Lot M, Soo Line Plat Nwnber 1, Lots D and G, Soo Line Plat Number 2, all of Blocks ll, 12, 13, and 14, Lots 1 through 12, Block 15, Lots 1 through 14, and subject to alley Lot 15, Block 16, "Merrills Division of Rice Street Villas. Gentlemen: Please take notice that the undersigned, T�vin Plaza Co. does hereby object to the taking of the above described real property and to the proposed or contem- plated awarding of damages in connection with the said proposed taking and con- de�nation. These objections in writing are hereby made pursuant to �the provisions of the Legisl�ive Code of the City of Saint Paul, and in accordance with the provisions of the notice dated July 22, 1969, advising that public hearing respecting this proposed taking is to be held before the Council of the City of Saint Paul on August 27, 1969, at 10:00 o'clock A. M. Very Truly yours, TWIN PLAZA C0. � `� Allen I. Nilva, President AIN:b . .. ..i. . , ., '. � s .- . . _ . . _ . - .� .. .... . . . .. �... ,. + . , „. . � . . r.: ... .. ... . ..� :� � � . �� . . . .. .. . . ... ��V j , � �� n � ♦� ' � . � , - CITY OF ST: PAU� ��i7� � Report of Commisaioner of Finance oa Condemnation of Lands File No. 1E� , In the matter of MMrr� ,M� �II� �! �p1#�t�ll�M �MMl�MMI� �1 �t�#�', #i� t�Ms� ��as +� s�s�, �rr�ri +�r�i�r a�i �►� � a� � �l�t �t �E„ lrMr �r l►�e �1rwc 1, �w1pt► �r +�i #�, f� �wt �re �ri�!it 1� �1 � � i�,� lk, � a� �,, I�� ir �, i�riit 1s�, �ar► 1 �fnaw�r l+�, �/ �,�t �r► ��qr Lrt �, �r# �i,� "�iL�s �rl�wt � � f�. �." under Preliminary Order � , approved �.� i'� , , Intermediary Order � , approved � ��'� , Final Order .� , approveci �� . TO THE COUNCIL OF THE CITY OF SAINT PAUL: The Commissioner of Finance hereby reports: ' That he has fixed and determined the value of the land, lands or easements therein taken and ap- propriated for the above improvement and the amounts of the awards of damages therefor to the own- ers thereof, and the persons to whom such awards are payable; that he has also fixed and determined the amount of benefits to property, from the making of said improvement, not exceeding the cost thereof, and that attached is an assessment roll entitled as above and identified with the signature of the undersigned, containing the undersigned's finding on said matters. ommis ' er o��ance NILVA, SHAW AND FRISCH Axxoxx�YS AT LAw 2950 WE6T BEVENTN 6TREET SAINT PAIIL, MINNESOTA 5"�5116 ALLEN 1. NILVA 690-1591 IRVING SHAW 646-7901 GERALD E, FRISCH August 26, 1JGS Han. M�yor and City Council City af Sa3.nt P�ul Coua�t Hot�se S�int P�ul, H4innes�tt� �SS 102 Att�a�tian: Hon. Jt��s J. D$lgl��l� Ca�nani��ioner of Finance T� th� M�tt�x of conde�ning and tak3ng for play,�round purposes the following des�ribed lands: Subject to easement�, tracated alleys and stxeets accruing and the follawin�: Lot M, Soo Line Plat Nu�ber 1, Lots D and G, Soo Lin� P1�'C Number 2, al]. o£ Blocks 11, 12, 13, and ldp Le�ts 1 throu�h 12, Block 15, Lots 1 through 14, and subjest to alley Lot 1S, Block 16, "MoTrills Division of Ric� Str��t Villas. G�ntl�men: Pl�us� t�ke natice that the undersignod, Trvin Plaza Go. does hereby objoct tcs the t�lcin� of lthe �bove desc�°ibed real property and to the proposed ox cantem- plated sewardin� of damages in connection with �hA �aid pxoposed taking and con- demnatien. These objec�ians in writing ar� hereby made pursuant �a th� provisions of the Legi��ttiv� Cod� of th� City of Saint Paul, and in accordance wit�e the pr�wi�ians o£ the notice dat�d J°uly 22� 1969, advising that public hearin� respecting this proposed �taking is to be held before the Counc3.1 af Yhe C�ty of Sain1C ��ul on Au$u.St 27' 1969� at 10:UO o'clock A,. hia Vsry Truly yaur�, '!°WIN PLA�ZA C0. r i��'�(:�^C.�.T.� -�( "°'"' -"�� 1�.len Io Nilva, President A �i`f� ,. . ..i . . . ,. .. ..,, .. .. � .. � (Y f ... � . .... . '� 1-. . , _. .. ,.::i .. , Sept. ?`�,�1970 4 /`-`�--------`.---+ . �. �. \ �� >�''-��, `°� / �- ,��,� �'[r. J. T�Im. T)on�van ' �, Valur�tion En�;ineer Bui.ld in�* �,,\\ �,, ` �� Deas �'ir: _____.� ,` /i�` _..l\ ., ` � The City Council r.ef "r�ed to yo�� nd t�`�,�he CarForation Counsel the attached letter � Geral.d Fr ch, A�t�rney for Twin P1aza Co. , reFerring �o a reso ution ratify n., assessment and awa.rd af dama�es f�r the takin� of' prti erty in Me ill_'s Division �f Rice Street Villas, under C.F. 2�+5�+04, ar��to the o-f money paid to them �.s partia�_ payr.len�t ]. s�,s''ia��ts f .�` '' izas�a,�.:lments and real �s�Yate tnxes, AND ob�e ng to the withhal.din� of thes� sums for taxes and ass�ss- ments, reasons m e fu11y aet out in the 1_etter. Very truly yours, �....._.___�. Cit�� Cler',c AO/n� Sept. 25, 7_97Q r1 ► � � � ,,..�._,.�____W_�� ..__ Mr. Daniel A. Klas � � `,��`� C�x�oration Counsel ,�--- �, ��j }3uildin� Dear Sir: �'he City Council re�erred t� y�a d,��he Valuatian k;ngxneer the attached Ietter of G�a7.�3 Frz��h�' .�tt�rney for T�:ain P1aza C�., referrin�; to �a res�Zu��i � �, ing`as��essment anc7 asrarc� of' c?�,mages i"�r the tak.ing of pr�per�� i.n Merr� . 's D�i�n of Rice Street Vi11_as, i4nder C.F. 2�+5�+01►, d to the su �f money paid t� them as parti�l n�Vznent less a.mount for unpaicj stallments and real esta�e taxes, anca ob�ectin�; t� th ithholdin f these sums for taxes and asaess- ments, fo.r reasons m fu1Zy out in the letter. � �/;, —� ��J�-� �,, Ver,y truly vours, City Cler':r AO/ng