217396 e
ORIGINAL TO CITY CLERK � TTRr,Ig�D � �� �� �j� ����
` - ��,, CITY OF ST. PAU�"'" F�EN��� NO
, � OFFICE OF THE CITY CLERK ,e-�-
' C '�� N L RESOLUTION—GENERAL FORM � �� - �� No. 217396—By James ,r.
• Bernard T. FIolland—
�^ .�en—
PRESENTED BY � That the proposed SUpu-
COMMISSIONE DATF ss�Ft' �y,'c'insl' Settlement and Judg-
' ��^�s',�,' ' �roposed Amendmo�'s .
-, �� '_. - :r FL'lfll, SP.tUQ'.i`.•"�
OEed-H':rat;��� S�'�. r-�-1 '�a^„o?.4q
' 9^'s9tl,y:.i.r;:�0!i firsa 1rte°- '
^�+9i:l�fr 9'"'\•
RESOLVED, That the proposed Stipulation for Final
Settlement and Judgment and the proposed Amendments to
Stipulation for Final Settlement and Judgment, dated,
respectively, the 30th day of June, 1g63, and the 30th day
� of March, 1g64�, in the pending Ramsey County, Minnesota,
D3.strict Court C�ivil Action entitled John W. Mitchell,
Plaintiff, vs. B'oard of Water Commissioners of the City of
Saint Pau1, Defendant, and John W. Mitchell, Jr. et al. ,
Interveners, hereby are approved and authorized to be executed
and filed in sai,d action by the proper Board and City officers,
such approved Stipulation and Amendments to the same providing
for the full and� final settlement of all controversies in said
Civil Action and� in matters collateral th�reto and which exist
between the Plaintiff and the Interveners other than Intervener
y ' City of Saint Paul and Defendant Board and Intervener City in
��a � said action, is d';etermined in the publia interest, and all such
� , g controversies sh'a11 be fully and forever settled and determ3.ned
under the �udgment of said District Court, as provided by said �
a Stipulation, as 'amended;
�
RESOLVED FURTHER, That this resolution constitutes a
concurrence witYi the resolution of the Board of Water Commissioners
� \ of the same impo,rt, adopted this date.
"'�a,•.�_. � - - - '
i;
�f
APR 7 1964
COUNCILMEN Adopted by the Council 19—
Yeas ' Nays ' �
� � APR 7 �964
Holland ,, �1 A roved 1g_
�sg ' J� Tn Favor • �
Mortinson �
Peterson �. , Mayor
A gainst
Rosen
Mr. President, Vavoulis '
lOM 8-82
�'h
�
• � � �i
� � CiTY OF SAINT PAUL •
ROBERT E.O•CONNELL � LOU15 P.SHEAHAN
�a����68�g*�M - LEGAL DEPARTMENT o,��oR oP ,,,W
� DONALD L. LAIS
� CORPORATION COUNSEL �
��� ����
i. April 6, 1964 �
�.
Honorable Council and .
Honorable Board of Sdater Comm.issioners
of the City of Saint Paul
Re: Proposed Stipulation for Final Settlement and
Judgment in pending Ramsey County District Court
Civil Action - John W. hlitchell, Plaintiff, vs.
Board of Water Commissioners of the City of Saint
Paul, Defendant, and John W. Mitchell, Jr. , et al.
Interveriers: �
Gentlemen: ,
The Council and the Board approved and authorized said proposed stipula-
tion for Final Settlement and Judgrnent. The Council's pertinent Resolution is
Council File No. 2137�+8; approved July 5, 1963. Said proposed Stipulation was
directed to the final settlement, under the Judgment of said District Court, of
all controversies which'�are embraced by said action and kindred matters�, between
said Plaintiff arid said,Interveners other than Intervener City of Saint Pau1 and
said Defendant and saicl Interuener City of Saint Paul. The same herewith is ex-
hibited. -
Defendant Board of Water Commissioners theretofore had instituted two separate
and now pending condemnation proceedings in said District Court affecting lands in-
volved by said proposed Stipulation and ad,jacent lands. The first condemnation pro-
ceeding was directed to� said Defendant Board's acquisition therein of a perpetual
and exclusive right in �he nature of an easement in lands embracing the southeast
shoreline of Vadnais Lake and in Vadnais Boulevard extended therefrom westerly to
the east line of Sectiori 32, Township 30 Td. , Range 22 jd. , for access therefrom to
Vadnais Lake. The second condemnation proceeding was directed to said Board's acqui-
sition therein of Parcel "B", shown on the Ma,p attached to said p�oposed Stipulation,
except estates and interests therein then owned and held by said �oard or said City.
The Commissioners, in the first condemnation proceeding under their i�eport,
awarded no dam.ages on account of the sub�ect condemnation and therein an Appeal was
taken from such reportecl;Award of i�o Dama.ges, by said John W. Mitchell, Sr. , et al. ,
to said District Court and �hereby the Appellants claim and seek an awaxd of damages
on account of said condemnation in the amount of $6,000.00. The second condemnation
proceeding by its petition, divided said Parcel "B" into two separate Parcels desig-
nated Parcel 1 and Paxcel 2. The said peti�ion was necessarily amended by Order of
,�
�
i
� .
Honorable Council and
Honorable Board of Water Commissioners •
of the City of Saint Paul
Page 2
April 6, 196�+
said District Court herewith exhibited, to include an additional Parcel. desig-
nated Parcel 3 for the sub�ject condemnation by said Boaxd. The attached copy of
said District Court Order incorporates the Amended Condemnation Map and delineates
and designates said Parcels l, 2, and 3. .
Said proposed Stipulation contains provisions for the conveyance of .said
Parcel "B," confined to said Paxcels 1 and 2 by Said Plaintiff and said Interveners
other than Intervener City of Saint Paul unto said Board and said City, by Warranty
Deed and furt��er provisions for the release and discharge of all claims, demands
and causes of action s3�"said Plaintiff and said Interveners other than Intervener
City, against Defendant Board and/or Intervener City, without specific reference
to saiti•lcondemnation proceedings. The same contained further provisions for a Quit
Clai.m Deed by said Plaintiff and said Interveners other than Intervener City of Saint
Paul to Defendant Board and Intervener City, covering Parcel "D," shown on said P+Iap
attached to the same. Subsequently, an encroachment on a comparatively minor portion
of said Parcel "D" by the maintenance of a portable sheep shed thereon at and ad,ja-
cent to the southeast corner of the same, by said Plaintiff and Intervener John W.
Mitchell, Jr. , was discovered and said Plaintiff and said last named Intervener have
sought an amendment to said proposed Stipulation which would insert provisions there-
in for the grant to them by Defendant Board and Intervener City of an easement in
common with Defendant B'oard and Intervener City covering the area of such encroach-
ment and a compara.tively minor contiguous area�within said Parcel "D."
Said Plaintiff ancl said Interveners other than Intervener City of Saint Paul
presently are represented by Hon. Harry H. Peterson, as their counsel, and propose that
all aforesaid controversies be fully and finally settled and compromised by Judgment
of said District Court under said propose�3 Stipulation, as amended, by the attached
"Amendments to Stipulation For Final Settlement and Judgment'� in the followin� par-
ticulars: �
l. That additional provisions be inserted therein for
the dismissal of the aforesaid Appeal in the first
condemnation proceeding.
2. That additional provisions be inserted therein for
the grant by Defend.ant Board and Intervener City
unto Plaintiff, John W. Mitchell Sr. , and Inter-
vener John W. Mitchell Jr. , of a perpetual ease-
ment in a triangular tract of land described as �
follows:
i �
Honorable Council and
Honorable Board of Water:. Comm.issioners
of the City of Saint Paul
Page 3 �
April 6, 1964 '
"Commencing at the• point of intersection of '
the southwesterly line of said Parcel ��D'� with
the east line of Section 31, Township 30 N. ,
Range 22 W.; thence north along said easterly
line of said Section 31, Township 30 Id. , Range
22 Ll. , a distance of 33�+ feet to a point therein;
thence southwesterly from said last mentioned ,
point upon a line drawn therefrom to a point in
said southwesterly line of said Parcel "D" distant
250 feet northwesterly from the southw'esterly �
corner of said Paxcel "D"; thence southeasterly
along said southwesterly iine of said Parcel. "D"
to the said point of beginning being the south-
west corner of said Parcel "D";
for the maintenance of said sheepshed as now maintained thereon with-
out extension or enlaxgement and access thereto for grazing of sheep,
for access thereto for planting and cultivation of trees and grasses
and no other use or purpose; and the saane to be an easement in common
with said City and said Boaxd and sub3ect to the paramount use of the
same by said �City and said Board �� public Waterworks purpQSes.
3. That additional provisions be inserted therein for the conveyance unto
said City and said Board by said John W. Mitchell, Sr. and the Inter-
veners other than said City� of the said additional Parcel 3, by Warranty
Deed; and that additional provisions be inserted therein for the release
and,assignment unto said City and said Board by said Jahn W. Mitchell
Sr. and said Interveners other than said City of all claims and demands on
account of said condemnation proceedings and awards of damages therein
heretofore and/or hereafter made.
1+. That additional provisions be inserted therein in the nature of require-
ments for the completion of perform.ance by the several parties, there-
under, not later than May l, 1g64. .
The civil action �.entioned in the caption was instituted approximately thirteen
years prior to the date of this letter. Therein said i�laintiff, predicates his claims
r
„ ' � . .
Honorable Council and
Honorable Board of Water Commissioners
of the City of Saint Pau�l
Page 4 �
April 6, 196�+ -
for compensatory and punitive damages in the aggregate amount of $150,000.00
against said Defendant Board upon his allegations of his ownership of said
Parcel "B" and alleged wi11fu1 and wrongful acts of said Defendant Board in
respect of its occupancy. and use of said Parcel "B" and in its elevation of
the levels of Vadnais Lake by artificial means with resultant overflow and
da,mage to said Parcel "B". Defendant Board's Answer, therein, denies said
allegations. The said condemnation proceedings necessarily are restricted
to the Board's acquisition of the sub�ject easements and lands and the award
of dam.ages and neither of the same would in any manner or degree affect
said claims of said Plaintiff under the complaint in the captioned Civil Action
nor any similar claim of said Plaintiff which accrued after the institution of
said Civil Action. The inaterial amendm.ents to said Stipulatiion proposed by
the attached Amendments to Stipulation for Final Settlement and Judgment are
digested hereinabove. Additional to those specifically outlined hereinabove,
the width _ of an easement for canal purposes oyer the lands of Plaintiff
John W. Mitchell et al. ; thereby provided under the Stipulation to be granted
to the Board and the City is delimited to 20 feet. The proposed amendments
to the Stipulation are beneficial to the Board and designed to improve its
situation. Therefore, I; recommend that the same be approv d and authorized
by said Council and said Board.
R ectf 't d,
r
Louis P. heahan
Director of Lata
CITY OF ST. PAUL No.
• •� • OFFICE OF THE BOARD OF WATER COMMISSIONERS }'
. .. � �`� ��
RESOLUTION —GENERAL FORM ����,
PRESENTED BY . "
COMMISSIONER DATE
RESOLVED, Z'hat �he propc��d stipul$�ior� tor F#.n�,l S�ttl�ment snd
` a'udgmsnt and �he� propc�eed .A�aendment� to S�ipulation Por Bins,9.
SQ�tl�ment and Judgr�nt da�sd, z*eepee�ivel , the ,�Oth day o�'
3unes 19�3s and the 34�h da�r CrT Mart3Y�, l�b�# in the p��ding
A�meey County, Minne�o�G�,, D�,��r�,ct Cour� C�vil Action entitl�d
JoY� W. M1tal'1e�3.s P1R11l�1�'�`� ve. $OA77C�d OP i+tg,t81+ Coltm�lBSiori@T8
oY' the City o!' Saint I��u�., _�7ePend.ant, aa�d, Jot�n W. I�litohell, Jr.
�s� a1., Tr�tervener�, hareby are apgroved and attthar��ed to be
exeattted at►d Filed in eald ao�lori by the prc�per Eoard and C�.t�r
officers� euoh approved ��3pvlation and Am�ndmen�s to the
�ame p�.*ov�d�ng fQr �he #'u11 �d �ir�al settl�ment a�' �11
contrc>ve�ca�iee in �a2d �ivil Aation and 3n matterB aoll�te�1
there�o a� whi�h exi�t be#�xeen the Plaintifg a�d thQ T,nte�venQs�
other than Yritervene� Ci�y of 8aint P�u3. and }�ePen�an� �va� and
, Int�rrvener City in �a,id �vtion ie det�rmine� ir� tk�e public
tn�e�eat, arac� all �uoh ao�ntx►ov�raiee sh�ll � fully and to�rver
�ettl�d and de�ermi.n�d under the audg�nt af eaid D3etriot Ca�lrt,
aB p�+ovid�d tiy eaiQ S�ipEtlativ�, as �ndedt.
' Water Commissioners �
Adopted by the Board of Water Commissioners
Yeas Nays
196—
In favor Opposed
�Q ASST. SECY.
iM 7-61