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Councilman Mickelson introduced the following resolution and moved for its <br />adoption: <br /> <br />RESOLUTION #80~58 <br /> <br />RESOLUTION AUTHORIZING SETTLEMENT AND PAYMENT OF BLOOM CONDEMNATION ACTION <br />TAKEN AS A RESULT OF IMPROVEMENT PROJECT #79-10 <br /> <br /> WHEREAS, the City Comacil has authorized by previous action <br />Eminent Domain Proceedings in order to acquire an easement for construction <br />of a storm sewer across the East 20' of Lot 3 Dickenson's Mississippi <br />Estates, the fee owner of said property being Steven and Carol A. Bloom; <br />and <br /> <br /> WHEREAS, as a resoftt of said Eminent Domain Proceedings the <br />Court appointed Commissioners awarded $4,000 to the landowner for damages; <br />and <br /> <br /> WHEREAS, the landowner is unwilling to accept said $4,000 <br />award and deem their damages to be $8,700 based on their own appraiser's <br />opinion and have appealed the Commissioner's Award to the District Court; <br />and <br /> <br /> WHEREAS, it is the City Attorney's opinion that the City <br />might well spend $1,500 in attorney fees and expert witness fees in defend- <br />ing the appeal plus the possibility of having to pay a part or all of the <br />land owners attorney fees in the appeal along with the possibility that a <br />jury could award more than the $4,000 amount to the land owner for his <br />damages; and <br /> <br /> WHEREAS, the land owner is willing to drop their appeal and <br />settle the claim for a total of $6,300; and <br /> <br /> WHEREAS, based on the above the Council finds that it is in <br />the best interest of the health, safety and welfare to settle with the land <br />owner for a total damage award of $6,300. <br /> <br />NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RAMSEY, <br />ANOKA COUNTY, STATE OF MINNESOTA, as follows: <br /> <br /> 1) That the City pay a total award of $6,300 damages to <br />the land owner. <br /> <br /> 2) That as required by law the City shall pay to the land <br />owner $300 as and for their appraiser's fee and 11% simple interest in the <br />$6,300 damages from October 8, 1979 the date of the taking to November 25, <br />1980, the date of the settlement. <br /> <br /> 3) That the City has already paid to the land owner the <br />sum of $3,648.40 as authorized by the Council on October 28, 1980 repre- <br /> <br /> <br />