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<br /> <br />tervi{{e <br /> <br />'Esta6llshclf 1857 <br />STATE OF MINNESOTA <br /> <br />COUNTY OF ANOKA <br /> <br />CITY OF CENTERVILLE <br /> <br />llJ809<1ainStr'eet, Crntervitk, M!N55038 <br />651-429-3232 or'P~651-429-8629 <br /> <br />Res. #08-0 ~ <br /> <br />A RESOLUTION APPROVING SETTLEMENT IN CONDEMNATION <br />LmGATION <br /> <br />WHEREAS, the City Council authorized the improvement of 21" Avenue and Backage <br />Road (Project), and <br /> <br />WHEREAS, the Project required the City to obtain easements for extending such road <br />improvement from property owner, Sheehy Construction, and <br /> <br />WHEREAS, the City initiated a condemnation proceeding of such easements necessary <br />for construction of the Project, Anoka County District Court approved the condemnation, <br />and the city deposited with the Court the estimated value of the property in the amount of <br />$145,000, and <br /> <br />WHEREAS, property owner Sheehy subsequently appealed the estimate of value and <br />land Commissioners appointed by the Court determined the value was $200,000 and <br />made an award of$201,5oo, and <br /> <br />WHEREAS, Sheehy and City appealed the determination of land Commissoners and <br />began preparations for a trial to finally decide on a value for the condemned land, and <br /> <br />WHEREAS, Sheehy has proposed a settlement of the litigation. <br /> <br />NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF <br />CENTERVILLE, MINNESOTA: <br /> <br />1) Sheehy Construction will accept the amount of money awarded by the Commissioners <br />in exchange for the City taking their property in the amount of $201,500 and such <br />settlement offer is hereby approved by the City Council. <br /> <br />2) Sheehy and the City will dismiss their lawsuits against each other. Neither party will <br />seek fees or costs against the other. <br /> <br />3) The Mayor and Administrator are hereby authorized to execute necessary documents <br />as prepared by the City Attorney to complete the settlement of litigation in the matter. <br />