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205865_ ORIGINAL TO CITY CLERK ,• p AA COUncil File No. 205865 —By Bernarr P/1 o- CITY OF ST. T. Holland —Robert F. Peterson — I Resolved, By the Council of the CJ ' .)O OFFICE OF THE CITY by saint Paul, and Eleanor Gorz ,,C' ing been taken to the District CO NCI RESOLUTION —(- from the Award of Damages i �iamount of . $4,500 as mach „-a;k PRESENTED BY �i - .,feed by the prior. Resc'4 N .. COMMISSIONER 111 '3�5L1i' ACS RESOLVED, -by the Council of the City of Saint Paul, that the-pending Appeal by Robert Gorz and Eleanor Gorz having been taken to the District Court from the Award of Damages in the amount of $4,500 as made and confirmed by the prior Resolution of this Council, C. F. 201806, approved April 26, 1961, for zaid City's condemnation and taking under power of eminent domain of the follow- ing described land situate therein, to -wit: Lots 12, 13 and 1!-, Block 2, Second Addition to Brooklynd, St. Paul, Minnesota; and also public streets, alleys and ways necessary for flood control purposes and contiguous to the hereinabove described lands and upon which said herein - above described lands or any of the same abut, heretofore or hereafter vacated., together with all lands and interests in lands which embrace every such contiguous public street, alley and way; by that certain public improvement proceeding heretofore instituted, conducted, and completed, by said City under its Home Rule Charter, In the Matter of (Map No. 2) condemning and taking land for the construction of flood walls, dikes, pumping station sites, other structures and slopes for flood control purposes more particularly described in said prior Resolution, and it now being proposed that all controversies presented by said Appeal be fully and forever compromised and settled upon the following bases:Gthat said Award of Damages be increased from said .amount of S4000 to the amount of $5.,900; that said Appeal be forthwith dismissed with prejudice; that said Appellants will by Warranty Deed convey the fee simple title to said premises free of encumbrance to said City and therewith evidence the efficacy of such conveyance by-an Abstract of Title extended to date; that said Appellants and all parties claiming under them shall vacate and remove from said premises on or before February 1/+, 1962; and that all such being done on or before said last mentioned date; that such proposed disposition of said controveries is deemed in the furtherance of the public interest and hereby is approved -and ;authorized and the proper City officers hereby are authorized to provide therefor, in behalf of said City; be it - FURTHER RESOLVED, that contingent upon the occurrence of said conditions: the dismissal of said Appeal with prejudice, the delivery of said Warranty Deed with such Abstract of Title to said City, and the removal of said COUNCILMEN Adopted by the Council 19— Yeas Nays DeCourcy Holland Loss Mortinson Peterson Rosen Mr. President, Vavoulis sm E -80 co§31yo 2 Tn Favor Against Approved 19— Mayor ORIGINAL TO CITY CLEF3K ���JJJ � 5 CITY OF ST. PAUL COUNCIL OFFICE OF THE CITY CLERK FILE NO. COUNCIL RESOLUTION - GENERAL FORM PRESENTED BY COMMISSIONER DATE appellants and all others claiming under them from said premises not later than February 14, 1962, said award of Damages hereby shall be deemed increased from said amount of x,500 to said .amount of 55,900, and not otherwise; be it FURTHER RESOLVED, that "the provision hereof for said Warranty Deed is for the purpose of perfecting record title in fee absolute in the City of Saint Paul to the subject land, such deed to be supple- mental to the aforesaid acquisition of said land by said City by virtue of said condemnation proceeding; and that the certificate of the Cor- poration Counsel of the fact of the occurrence of the ,aforesaid contin- gencies shall suffice for the purpose of the operative effect of this Resolution pertinent to said increase in said Award of Damages and the authority of the proper City officers for the payment of the same to the persons shown in title thereto as increased from the ,amount of $4,500 to the amount of $5,900, such payment to be made from the Permanent Improvement Revolving Fund, File No. L 6215 -2, said Fund to be•reimbursed from Flood Control Project Fund Code 1066. COUNCILMEN Yeas Nays DeCourcy Holland Loss Mortinson Peterson Rosen .eai a 8M 8.80 2 FER 81gg? Adopted by the Council 19— EEC � X962 0 Approve 19— In Favor u � _ AOting Mayor Against