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Agenda - Council - 02/24/1998
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Agenda - Council - 02/24/1998
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council
Document Date
02/24/1998
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I <br />I <br />I <br /> <br />CASE # <br /> <br />SETTLEMENT OF MAKENS/ROYAL CONCRETE CONDEMNATION ACTION <br /> By: William IC Goodrich, City Attorney <br /> <br />Background: <br /> <br />As previously reported to you, the Court appointed Commissioner awarded the land owner <br />$7,100.00 in damages as a result of the City's taking. The landowner asked for an award of <br />$31,000.00. The landowner has the right to appeal the $7,100 award to District Court and have a <br />jury trial. The landowner is willing, in lieu of an appeal to District Court, to fully settle the case <br />for $9,100.00, an additional $2,000.00 above the Commissioner's award. <br /> <br />Recommendation: <br /> <br />I recommend the City accept the $9,100.00 settlement offer simply because the costs of litigation <br />will most likely exceed the additional $2,000.00 being paid and, in fact, depending on the <br />circumstances, litigation costs could far exceed this mount. <br /> <br />Council Action: <br /> <br />Motion to authorize payment of $9,100.00 to L.W. Makens, Diana M. Makens and Royal <br />Concrete Products, Inc. as and for full and complete settlement of the City of Ramsey v. L.W. <br />Makens et.al, condemnation action, Anoka County District Court File No. C2-97-7193. <br /> <br />Reviewed by: <br /> <br />City Attorney <br />City Administrator <br />Finance Officer <br /> <br />CC: 022498 <br /> <br />/jmt/Maken.doc <br /> <br /> <br />
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