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203084 i� _ I� ORIGINAL TO CITY CLERK ' C011IIC� File No. 203084—By Bernard 2030$4 • � CITY OF ST. p T. Holland— Whereas, The office of the corpora- Q� € �� tion counsel has certiAed in writing ^ - OFFICE OF THE Cl�that it is in doubt as to who is entitled to the award of damages, in �the COUNCIL RESOLUTION— ��t of �io,3oo.00, �oT the +�x�g of property described as follows: PkESENTED BY The south 36 feet, except Selby � . COMMISSIONE Avenue widening, of Lot 16, Blocl� �. , 5, Boulevard Addition to St Paul, F -------- — ^R,amseY C�ur�tY;Minnesota• - i �P. -r�—�r�_ o.--_.�,a�^-�„ h � fi o� ,� � WHEREAS the of f ice f ��. , o the corporation counsel has . certif ied in writing that it is in doubt as to who is entitled � to the award of damages, in the amount of $10,300.00, f or� the " � taking of property described as follows : The south 36 feet , except Selby Avenue ` widening, of Lot 16, Block 5, Boulevard �� Addition to St. P'aul, Ramsey County, Minnesota ; said award havin been confirmed b Council File No. 193341 approved July 29, 1959; and Y � � � WHEREAS , the corporation counsel has also recommended , the payment, together with said award, of an amount representing interest at 6 per cent from such award to the present time, with the City reserving the right to contest the matter that anyone is entitled to interest on the af oresaid award, now, theref ore, � b e it � � � . RESOLVED, Tha t two wa rra nt s b e drawn, o ne f or the i� sum of $10,300.00 and payable to E. J. Fitzgerald, Clerk of �� District Court, Second Judicial District, Ramsey County, Minnesota, for the party or parties entitled thereto, and a �� second warrant in the sum of $1,105.70 payable to E. J. � Fitzgerald, Clerk of District Court, Second Judicial District, � Ramsey County, Minneso� , for the party or parties entitled thereto or for refund to the City of Saint Paul if it be � hereafter determined that no person is entitled to said sum + or any interest on the award, the City reserving unto itself 4 the right to contest the claim of any person to interest on � � the aforesaid award of $10,300.00. � _ Received of City Clerk 's Office - City Check 38304 in amount $ 10,300.00 and check 38303 in, amount $ 1 , 105.70 -- our file assessment #107�3 this day — 27�th of July, 1961 and deposited to account af Clerk of District Court — Ramsey Co. , Minn. per order Graff, J . dated July 19, 1961 t ahd filed July 27, 1961 . �"• • / �UL 18 � �k COUNCILMEN - D e p u t y C I e r k Ado t d p by the Council 19— Yeas Nays �� DeCourcy . � �UL 1 � a � Holland Approved 1g— , � . T Lvaa • � � �� Tn Favor Mortinson ' ! �a pa+°�� _ � � Mayor �� .% A gainst Rosen �F Mr. President, Vavou is . o � �� , YUBI.ISH�I� ' �M G-(i 1 '� ' . ��. � �'. 'e � �o��`-�� ' DUPLICATE TO PRINTER . �� . - CITY OF ST. PAUL FIOENCIL NO. _ �� j - OFFICE OF THE CITY CLERK � COUNCIL RESOLUTION—GENERAL FORM �! �PRESENTED BY �� • COMMISSIONER DA� �, — -- --- — -- �E �� WHEREAS, the offics of the corporatian counsel Ma� E ce�tif 3ed in wr3.ting. that it i� in dotsbt a� to who is a�t�.tled ` to the award of damages, in the amount of �10,300.00� for the �� taking of property de�cribed a$ follow� s _, � °� Th� �outh 36 fee�, excep� Se�by Avenue �` widening� of Lot 16� Block �, Boulevard ��- Addition to S�. �aul; �emsey Cottnt�►, Minnesota ; 1E �� a�d award having been confri�med by �our�cil File No. 193341, 3� approved Ju�7� 29,. 1959 j a nd �r ,� �� WHEt�EAS, the corporation counse]. ha� ala� r�comm�aded �E the payment, together with sai�d award, of an am�unt ��pre��nting a� intere�t at 6 per cent from such award to the pre�ent tim�, with a� the City reserving the right to cont��t the,matter that an one �' is entitled to in�ere�t on �he a�oresa3d award, now, ther��ore. a� be 3,t ' � 1E �� ;E RESOL.VEp, Tha� �wo �arran�s be �sawn, one �ot the �° sum of $10,300.00 and payable �o E. J� F3.tzgeralds. Cler� o£ �� Distr�ct Court, Second Jud��3a1 District, Ramsey Cotanty� 1� Minneso�a. f or the party or parties entitl�d �here�o, anEd a � secocid warrar�t in the s�n of �1,1�5.70 payabl� to E. J. 'k Fitzgera�,d, Clerk of Di�ffitr�.ct Court, �econd Judic�al Distri�t, '` Ramsey County, Minneao� , for the paaty or parties entitled �E thereto or f or ref und to the CSty of �aint Pa,ul i� it be �� ereafter de,�ermi�ed tha� no person is e�titled to said �um . � or any intere�t on �t�e award, the �ity res�rvinq unto itaelf ;f the right to coc�test the clai.m of any person to intere�t on �� the afore�aid award of $10,30�.00. �� : , . � , . E F �� • • �; � �u� �$ �► �h COUNCILMEN Adopted by the Council 19— �! Yeas Nays J U� � 8 � _ , � DeCourcy � �! Approved 19— �� Tn Favor � Mortinson ` pP,��e�—� � Mayor �� A gainst �� Rosen �� Mr. , ' ,�. a��o-u� ,� ; , 3� � � � CITY OF SAINT PAUL '��Q�� , _ HYAM SEGELL LOUIS P.SHEAHAN DONALD L.LAIS LEGAL DEPARTMENT o��roR oR u�w ROBERT E.FARICY , _ ROBERT J. SWORDS ROBERT E.O'CONNELL �GERALD C.RUMMEL JOHN J.Mc NEIL SPECIAL A981bTANT "�'�"''� CORPORATION COUNSEL NEIL P.CONVERY INVE6TIGATOR �� July 8, 1961 Honorable George J. Vavoulis , Mayor, and M Honorable Members of the Council of the City of Saint Paul: � . � This is to certify that this office is in doubt as to who is entitled to the award of damages in the sum of E $10,300.00 for the takiog of the property described as f ollows : The south 36 f eet, except Selby Avenue widening, of Lot 16, Block 5, Boulevard Addition to St. Paul, Ramsey County, Minnesota. said award being conf irmed by Council File No. 193341, approved on the 29th day of July, 1959. The aforesaid award was the subject of a purported appeal by Petra M. Nicholson in the matter of Partially opening, widening and extending the pro- posed Short Line Road by condemning and taking property as described : All of Block "B" Boulevard Addition and other property, Petra M. Nicholson, Appellant, vs. City of Saint Paul, Respondent. Mrs. Nicholson filed said purported appeal alleging that she is the owner of such property; however, Mrs . Nicholson, through her attorney, Gordon Shepard of the f irm of Oppenheimer, Hodgson, Brown, Baer and Wolff alleges that she is ` � the owner of the above described property and takes the position that if her appeal was not a proper appeal, that she is entitled � to interest on the award from a time sixty days after the ratif ication and conf irmation of the award of damages by the � City Council. This is contrary to the position of the City, � and it appears that the question with reference to the right of the owner to be entitled to any interest on the a►vard is " a matter which presc�mably will be the subject of litigation. � It is the recommendation of this office at this time that the award, in the sum of $10,300.00, be paid into District � Court, to the Clerk of said Court, until such time as the , ownership of this property has been determined. It is also the recommendation of this office that interest to date, in � the sum of $1,105.70 (to July 15, 1961) also be paid into the � District Court of Ramsey County to the Clerk of said Court, to stop any claim for additional interest in the future, the � r , � , - ` � ✓ . � Mayor and Council 2. July 8, 1961 � � Cit reservin its ri ht to claim , Y 9 9 that the true owner is not � entitled to any interest on said award and that it is entitled to a return of the amount of $1,105.70 from the Clerk of � District Court, representative of interest to July 15, 1961, � after the aforesaid Award. � Neither the purported owner, Nirs. Nicholson, nor anyone else has tendered to the City, as provided by M.S.A. Sec. 117.42, an abstract of title s�howing himself or herself entitled to the compensation awarded or damages claimed, and the corporation counsel is therefore certifying to your honorable � body that there is doubt as to who is entitled to the aforesaid award, together with any interest which may be determined due thereon, if any, and requests that your honorable body approve payment of the aforementioned sums into the District Court of , Ramsey County by delivery to the Clerk of said Court. � r � Yours very truly, � � �� R ert E. 0'Connell. Special Asst. Corporation Counsel 8E0 :b 1 � _ � ��