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190309. ORIGINAL TO CITY CLERIC - ` 2 , a CITY OF ST. PAUL -FILE— L NO. 2 E OFFICE OF THE CITY CLERK C j Council File No. 190309 —Byt M DeCourcy= (� COUNCIL RESOLUTION - GENERAL FORM resolved, That it Com' '�e I —nee hereby authoj r .r I-rhalf of the C, PRESENTED BY ai ' .dn check, COMMISSIONS DATE r' , g,e sum C �,orderq RESOLVED, that the Commissioner of Finance hereby is authorized to endorse, in behalf of the City of Saint Paul, that certain check of State of Minnesota, in the sum of $19,000.00, made payable to order of County of Ramsey, City of Saint Paul, C. W. Michael and Anna M. Michael, and Levander, Gillen & Miller, attorneys, as and for payment of award of damages for conde.mnetion by State of Minnesota, and to accept bank draft in the sum.of $1083.33, affecting Parcel 6 in Ramsey County, Minnesota, District Court proceedings,- -State of Minnesota vs. David G. Lind, et al, said sum of $1083.33 being representative of the interest of the City of Saint Paul by virtue of a sewer easement over a portion of said Parcel 6, as condemned by the State of Minnesota in said proceeding. COUNCILMEN Yeas Nays DeCourcy Holland Peterson Ros6n Winkel Mr. President, Dillon 5M 5.58 Q D =C 16 1958 Adopted by the Council 19— Approved D L C 16 1958_19— In Favor Mayor Against PUBLISHED !.0 _ 0 �d DUPLICATE TO PRINTER 9"11309 COUNCIL /�� CITY OF ST. PAUL FILE NCB° OFFICE OF THE CITY CLERK COUNCIL RESOLUTION — GENERAL FORM PRESENTED BY COMMISSIONER DATE RESOLVED, that the Commissioner of Finance hereby is authorized to endorse, in behalf of the City of Saint Paul, that certain check of State of Minnesota, in the sum of $19,000.00, made payable to order of County of Ramsey, City of Saint Paul, �C. W. Michael and Anna M. Michael, and Levarider, Gillen & Miller, attorneys, as and for payment of award of damages for conde Mot ion by State of Minnesota, and to accept bank draft in the sum of $1083.33, affecting Parcel 6 in Ramsey County, Minnesota, District Court proceedings, - State of Minnesota vs. David G. Lind, et al, said sum of $1083.33 being representative of the interest of the City of Saint Paul by virtue of a sewer easement ov *r a portion of said Parcel 6, as condemned by the State of Minnesota in said proceeding. COUNCILMEN Yeas Nays DeCourcy Rolland r'IGr9 : _ Peterson Rosen Winkel Mr. President, Dillon sM 5.58 coffiPOD2 Tn Favor V Against 1� 1958 Adopted by the Council no DLC jr) 1958 Approved 19— Mayor LAW OFFICES r LEVANDER, GILLEN & MILLER 200 GRAND BUILDING South St. Paul, Minnesota HAROLD LEVANDER ARTnuR GILLEN PHONE GLENvIEw 1 -1815 ROGER C. MILLER December 15, 1958 Mr. Terrance O'Toole Office of Corporation Counsel City Hall St. Paul, Minnesota Dear Mr. O'Toole: Re: State of Minnesota, by Miles Lord, its Attorney General, Petitioner, vs. David G. Lind, et al, Respondents, and C. W. Michael and Anna M. Michael, Appellants.' I am setting forth in this letter a confirmation of the agreement arrived at on October 22, 1958, settling the interest of the City of St. Paul in the lands owned by C. W. Michael and Anna M. Michael which are involved in the above condemnation proceeding. 1 The property is legally described as Lots 9, 10, 11, 12 and 13, Franklin Steele's Subdivision. The interest of the City of St. Paul is by virtue of a sewer easement being an 8 foot easement over the North 8 feet of Lot 13. The taking by the State of Minnesota is an entire taking of all of the lots mentioned. The said Lot 13 is 50 feet abutting on West 7th Street and of a depth of 150 feet. The easement of the city therefore comprises 1 /6th of the total area of said Lot 13. The basis of the settlement of the interest of the city hereinafter set forth was arrived at upon assigning 1 /6th of the fee value of Lot 13 to said easement. In other words; the total amount agreed upon between the State of Minnesota and the landowners as compensation for the taking of the five lots Is first divided by five and the resulting figure divided by six. In other words, the interest of the city is computed to be 1 /30th of the total amount agreed upon as the value of the five lots. The total amount agreed upon between the State of Minnesota and the landowners as compensation for the taking of the five lots is the sum of $32,500.00. Applying the above settlement formula to this figure, the interest of the city is $1083.33. Of course, the City of St..Paul will appear as a party payee on t— he settlement draft to be issued by the State of Minnesota. �. Yours very truly, RCV: pc