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199532ORIGINAL TO CITY CLERK r 7. PRESENTED BY COMMISSIONER_ ?1 i; X - - CITY OF S' a r�+ OFFICE OF THE NCIL RESOLUTIOF Council File No. 199532 — By Milton Rosen— , Whereas, On July 29, 1959, the City Council, by resolution known as Coun- cil,File No. 193341, ratified the award of amages awarded in the condemna- tio . of lands necessary for the partial opening and widening of a portion of Selby Avenue which'included an award for the condemnation and taking k, of the south._ 36;_et �oY =l 0.1�. Fdloc er I lei 199532 WHEREAS, on July 29, 1959, the City Council,by resolution known as Council File No. 1933.1, ratified the award of damages awarded in the condemnation of lands necessary for the partial opening and widening of a portion of Selby Avenue which included an award for the condemnation and taking of the south 36 feet of Lot 15, Block 5, Boulevard Addition, except that portion thereof previously taken for Selby Avenue; and WHEREAS, the owner of the property, Susan Crosby (formerly Susan Kroska), through her attorney, Francis J. Nahurski, has appealed to the District Court from the award of damages; and WHEREAS, the Council by resolution, Council File No. 198949, authorized a compromise settlement of the matter whereby the award would be increased from $8,000 to $10,000, one of the conditions of the award being that a porch attached to the house would be removed by the owner, Susan Crosby, from the area condemned by the City; and WHEREAS, it has now been agreed that Susan Crosby will submit" to the City, in conneetion with-the settlement of this matter, a warranty deed as to the.strip of land acquired by the City by virtue of the condemnation, a dismissal of said appeal, and an affidavit,,, confirming clear and marketable title in said Susan Crosby, which affidavit shall be in form satisfactory to the Corporation Counsel of the City of Saint Paul, at which time the City will pay said Susan Crosby $10,000 in the following manner: 1) Nine Thousand Dollars upon of the Corporation-Counsel referred to; submission to the office of the documents hereinabove 2) One Thousand Dollars to be paid by the City on or about May 1, 1961. Susan Crosby agrees with reference to the COUNCILMEN Adopted by the Council 19— Yeas Nays DeCourcy Holland Loss Mortinson Peterson Rosen Mr. President, Vavoulis sm 8.60 2 Tn Favor Against Approved 19.— Mayor ORIGINAL TO CITY CLERK (1 CITY OF ST. PAUL F OE 19953 COUNCIL NO //`� OFFICE OF THE CITY CLERK ' COUNCIL RESOLUTION - GENERAL FORM PRESENTED BY COMMISSIONER DATE -2- payment of the $1,000 item that she will remove or have removed the porch hereinabove referred to by not later than May 1, 1961. She further agrees that if the porch is not removed by May 1, 1961, City forces may enter upon and remove the same and deduct the cost of such removal from said sum of $1,000. In the event that the removal is made necessary by City forces, said Susan Crosby agrees to pay the cost of removal in excess of $1,000 to the City of Saint Paul. If removal is necessitated by City forces and the cost is less than the sum of $1,000, the City will pay Susan Crosby the difference between the actual cost of removal by the City and the sum of $1,000. Said Susan Crosby shall have the right to remove or have removed the aforesaid parch structure at any t1me -- -she may-desire to do 'so prior - to May -1, ' in which event the City will pay her the aforementioned sum of $1,000; now, therefore, be it RESOLVED, that the proper City officers of the City of Saint Paul are hereby authorized and directed to effect a settlement upon the terms and conditions hereinabove set forth; and be it FURTHER RESOLVED, that the provisions of Council File No. 198949 are-modified as herein provided; and be it FINALLY RESOLVED, that said Susan Crosby shall by letter, filed with the City Clerk, agree to accept the terms and conditions provided by this resolution, such letter to be filed with the City Clerk within y 10 days after the passage and approval of this resolution. NQ 3 1960 COUNCILMEN Adopted by the Council 19— Yeas NaysOU 1960 DeCourcy ' i Holland roved 19— Loss In Favor Mortinson Peterson Mayor Rosen —�— Against Mr. President, Vavoulis SM E -60 2 St. Paul, Minnesota November 4, 1960 City of Saint Paul City Hall and Court House St. Paul 19 Minnesota Gentlemen: 19 9 .i3 Z Reference is made to Council File No. 199532, being a resolution approving settlement of award for condemnation and taking of the South 36 feet of Lot 159 Block 59 Boulevard Addition, except the portion thereof previously taken for Selby Avenue. Pursuant to the requirement of the last paragraph of said resolution, this letter is written to signify to you my acceptance of the terms and conditions of said resolution. Very truly yours, san Crosby, Fee owner o property at 1487 Selby Avenue. 123 West Summit, Apartment 1 St. Paul 29 Minnesota '' 'O�IILI � - I Ii/It I ; - j