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79-6044R25 RESOLUTION N0. 6044 RESOLUTION AUTHORIZING SETTLEMENT OF CONDE~4INAT I ON ACT ION 3NVdLVING NELSON'S RESTAURANT SUHEREAS, on PYiarch 27, 1978 the Richfield City'Councl'did authorize the acquisition of fee simple absolute title for street .right-of-way and landscaping purposes of the following parcels: "Tract A, Registered Land~Survey No. 692 and the south 30 feet of-Lot 5, Block 8, Rearrangement 'of Nicollet.Homes, Hecond Addition." and jvHEREAS, the City of Richfield did on September 4, 1978 acquire title and possession to such .property ;. and WHEREAS, the respondents and _representatives of the .City have continued to discuss a faix an d equitable resolution of the matters relating to the questions of damages occasioned by the :taking; and. WHEREAS, the., city representatives have made a full and com= plete disclosure 'to the City Council concerning the matters relat- ing to such.. taking and the conduct of such discussions; NOW, THEREFORE, BE IT RESOLVED by the City of Richfield as follows 1: The court-appointed commissioners may enter this. award in the amount of $350,000 together-with $300.00 appraisal fees.. 2. The City of Richfield, as a condition to the award will grade the Nicollet. and 65th Street sides of the subject- property to provide for a seven per cent grade from the streets onto the property. 3. The County of Hennepin will blacktop the Picollet side of the subject property to match the existing asphalt on such property; 4. The City of Richfield as a condition of the award will pay the respondents Doloros Falh and Harlow l~elson not more the $1,000.00 to be used to provide blacltop along G5th .Street. 5. Access to Lots 3 and 4 as a condition of the award will be provided in accordance with the letter from Richard Krier to John Dean dated December 19, 1978, a copy of which is attached hereto.- _2_ 6. As a condition ofthe award,. if access to the subject properties is given from 65th Street. instead of from Nicollet, the°eity shall convey, without cost, a permanent easement across its property north of 65th Street to the own~rs of the subject property. Such access easement shall..be o:f sufficient width to comply with. the zoning aud..other requirements of the. City of Richfield. ', Passed by the City Council of the City ,of Richfield, this 12thday of February, 1979: Lo en L . La ~ y r ATTEST: ~~J~. Thomas J, oran,.,City Clerk