185594Original to City Clerk
CITY OF ST. PAUL COUNCIL NO
OFFICE OF THE CITY CLERK FILE
COUNCIL RESOLUTION — GENERAL FORM
PRESENTED BY v Z�,�% ;��� Council File No. 185594 —By Mrs. Donald
COMMISSIONER DATE M. DeCourcy-
solved, That
grt1Ji" r '
RESOLVED, that the Commissioner of Finance hereby
is authorized, in behalf of City of Saint Paul, one of several
payees thereunder, to endorse and deliver State of Iinnesota
check No. 308122, dated December 23, 1957, in amount of
$13,500.00, drawn payable to "C. W. Michael; Anna M. Michael;
City of St. Paul and Elmer J. Ryan, attorney ", to accommodate
intended partial payment by State of Minnesota thereby repre-
sented on account of award of damages as reported by Commissioners
re State of Minnesota, Petitioner, vs. David G. Lind, et al,
Respondents, Ramsey County, Minnesota, District Court Clerk's
No. 299063, in the amount of $40,000,00 for said State's con-
demnation and taking of Lots 9 to 13 inclusive, Franklin
Steele's Subdivision of Government Lot 2, Section 21, Towmship
28 North, Range 23 ''Jest, according to the plat thereof on file
and of record in the office of the Register of Deeds in and for
said Ramsey County, for public highway purposes, and whereon an
appeal by said C. N. Michael and Anna N1. Michael, purported fee
owners of said real property is pending; that such endorsement
and delivery of said check in behalf of said City shall not
prejudice its claim for the application of the remainder of said
award of damages to the payment of said City's distributive share
thereof, as owner and holder of a perpetual easement in said real
property for public sewer purposes; and that it shall be a
condition hereof that said C. W. Michael and Anna M. Michael,
by their attorney, Elmer J. Ryan, shall file with the City Clerk
their acceptance of this resolution and agreement to abide by the
terms and conditions of the same, particularly in respect of the
application of the remainder of the subject award of damages or
so much thereof as shall be necessary, to the full payment of said
City's aforesaid distributive share.
RESOLVED FURTHER, that it is hereby contemplated that
the partial payment shall apply exclusively to the distributive
share of said C. W. Michael and Anna M. Michael, as the fee owners
of the subject real property at and immediately prior to the con-
demnation and taking of the same by the State in said proceedings.
COUNCILMEN Adopted by the Council — 195 —
Yeas Nays DEC 2 7190
DeCourcy
Holland' Approved 195 -
N1�42�IC �
In Favor
Mortinson , —
Peterson � Mayor
Against
Rosen Winkel
Mr. President, Dillon
SM 2 -57 -. . 2
,m pUBLISBE, n - -
Clark's #,299063
8TA79 OF M1 SOTA
COUXTT OF RAMSEY
-state of Minnesota, by Miles Lord,
its Attorney General,
vs.
iavid G. Lind, at al,
Petitioner,
-respondents,
C. 'N. MICWL and ANNA M. MIC'te.AEL, Appellants.
j�-� - ( - qq
e; 1 : 'e k 1 II "y
33 -00ND JUDICIAL DISTRICT
IN ThE MATTER OF TM CONDMNATION OF
CERTAIN LA'N'DS FOR THM7 NICHIAT PURPOSES
STIPULATION AS TO PARCEL 6. S.P. 6201 (5-102)
WHEREAS in the above entitled oondosnatian proceedings as to Parcel 6,
S.P. 62o1 (5•la2), the commissioners appointed by the Court made an award of
$40,000.00 as contained in their report filed November 7, 1957, from which award the
owners appealed, which appeal is now pending and no part of said award has bean paidi
and
— REAS the owners, C. lid.. Michael and Anna U. Michael, desire that a portion
of the award be paid now and the States is willing to pay the sues of $13,500.00 at this
time, the said sum to be later credited to or deducted from whatever sum is paid as
to this parcel as the same may be arrived at by settlement or by verdict of the jury
on the trial of the appeals
NOW, THERSiORE, IT IS HEREBY S4TIPWLATED AND AG=D by and between the State of
Minnesota and C. W. Michael and Anne M. Michael, appellants herein, and Elmer J. Ryan,
their attorreey, as folldwsr
1. The State of Minnesota shall pay in due course the sues of Thirteen Thousand
Five Hundred Dollars ($13,500.00) to C. W. Michael, .Anna V. Michael, County of Ramsey,
City of St. Paul, and Fulmer J. Ryan, attorney, which said sues shall be credited to or
deducted from whatever amount the State may pay as damages for the taking of the lands
acquired for highway purposes as to said Parcel 6, whether said final amount is deter-
mined ultimately by settlement of the appeal or by verdict of the jury rendered on
the trial of said appeal. Any and all interest from the time of the taking herein to
be figured on the amount so determAred after said deduction of $13,500.00.
2. This stipulation or the fact of the payment of the sum of money herein
stated shall not be offered in evidence nor in any manner be submitted to the juror in
cases of the trial of this appeal, and in the event that the verdict of the jury on
trial of the appeal is less than the stun paid by the State as provided heroin, the
difference between said verdict and said sum so paid shall be rat7irreed to the state
of Minnesota withovt interest.
Dated 1400mber 10, 1957.
Z. 1.7 TFSEAR -1
Attorney for Appoliants
89 Virginia
.St. Paul 2, Minnesota
MILES LORD
Attorney General
R3SERT is, MATTSOI
Deputy Attorney General
Special Assistant Attorne General
Attorneys for the 3tato of 31innesota
1246 University Avenus
St. Paul 4, Minnesota