Laserfiche WebLink
<br />Ii"'; _ <br /> <br />7/23/70 Copies to: <br /> <br />Council <br /> <br />--. <br /> <br />STRINGER,DONNELLY,ALLEN & SHARDDD <br />ATTORNEYS AT LAW <br /> <br />1200 NLR HWE5-:-,-R_"I NATIONAL SANK 8UILQlNG <br /> <br />PHII.IP S-'-PINGEP <br />AR"'Hi.jR oJ. OCNNELLY <br />CLAUDE t-<. ALLEN <br />R. PAUL SHAI"l[)OQ <br />VINCENT P. COURTNEY <br />HENRY H, COWIE,.-,I"l. <br />RICHARD A. PDHLEOEP <br />CHARLE:S A.FlINN..JP. <br />A..JAMES DICKINSON <br />,JAMES 5. LYNDEN <br /> <br />55 E.AST FIFiH STREET <br /> <br />TELEPHONE ~271784 <br />/>.PEA CO:),[: 6> 2 <br /> <br />SAINT P....llL. MINNESOTA 55101 <br /> <br />July 20, 1970 <br /> <br />Mrs. Lorraine Stromquist <br />Clerk-Administrator <br />Village of Arden Hills <br />14S0 West Highway 96 <br />Arden Hills, Minnesota 55112 <br /> <br />Re: Village of Arden Hills, <br />Sanitary sewer improvements <br />12 and 13; Condemnation of <br />12-1 and 12-3 <br /> <br />Dear Mrs. stromquist: <br /> <br />The above-entitled matter was heard by the three commissioners <br />appointed by the District Court of Ramsey County, Minnesota, on <br />the 3rd day of June, 1970. At the hearing Mr. Donald Lund of <br />Banister Engineering testified as to the engineering needs and <br />the geographical lay-out of the sanitary sewer and the amount of <br />property taken. We did not present the testimony of an <br />expert witness as to the damages which would result from the <br />taking of the land as we felt this testimony would be unnecessary <br />and superfluous in view of the fact that the chairman of the <br />commission was Mr. Joseph Bettendorf, who has testified for and <br />has done appraisal work for the Village on numerous occasions, and <br />the other two commissioners were both competent and fair appraisers. <br />The respondents--Josephine Waldoch and Edward and Rose Waldoch-- <br />did not personally appear at this hearing. Appearing for and on <br />behalf of them was L. H. Mikeworth, their attorney. He likewise <br />did not adduce any expert testimony as to damages. In fact, he <br />did not take testimony from any witness. Thus, the only witness who <br />testified was Mr. Donald Lund. <br /> <br />Because there was no testimony as to what the amount of the award <br />should be, the hearing was mainly devoted to ascertaining the <br />sizes of the strips of land to be taken for these permanent and <br />temporary sewer easements. The commissioners were concerned about <br />the segment of easement 12-3 which runs in an easterly-westerly <br />direction for it left a 2S'xlSO' strip of land immediately to the <br />south thereof with the effect that when Mrs. Waldoch plats her <br />property for single family dwellings, one lot would be potentially <br />ruined. One of the commissioners remarked that it was too bad <br />that this segment of the sewer system could not have been routed <br />