1953-251rf29~
RFS€2LUTI CN N0, 251
RE50LUTTC~T RET~ATTNG TO SETTT~~iE~TT
OF SP~AT~ VERSUS VIT,I~AGE OF HtCI~FIEI,D.
WHEREAS, Ernest F, Spends and Bernice E. Spends' husband and wife, .have
brought legal action against the Vi1.lage of Richfield in which they claim
damages caused by flooding of their property and further damages caused 'by
depreciation in their property by reason of raising the elevation of the street
in front of their propert~y~ .and
`GdHER~S, this Council is informed that if damage to their property has
been caused by a change in the elevation • of the s tree.t as alleged by them ~ the
Village of Richfield can be held liable for • such ~ darr--age, and.
WHEREAS, the Village of Richfield has employed pa•~fessional appraisers
to appraise the damage by way of depreciat~.on t,o the property of said elaunants~
which damage has been appraised at an amount equal to or in excess of the
amount for which said cla3.ms can be settled and
WHYS, the Village of Richfield has been provided with an affidavit
by said claimants to the effect that they have sustained damage to proper-t~r
from f looding in the amount of ~~00. ~ exclusive of their own time and labor,
and
WHEREAS, it now appears that an amicable settlement of the claims of. said
persons can be reached on the basis hereinafter set forth,' which this Counca.l
believes to be a fair and reasonable. settlement
P1Q~T THERFk'ORE, BE IT RE'50I,VE~3 by the Village Council of the _ Village of
Richfield as follows
l.. That i t is hereby determined to pay the sum of X650 to Ernest F,
Spande and Bernice E. Spande in fu11 and complete settlement of their above
mentioned claims, and that such pa~nnent const3.tutes a fair and equitable settle- r
men t of said .claim.
2. That the Mayor, ~anager9 Finance Officer and Attorney are hereby
authorized and directed to tm:ke any and a11, steps necessary to secure a
settlement of said claims and lawsuit on the basis aforesaid.
~doptsd `by the Village Council this nth day of December 19,3.
&TTN~T: red r
Mayor
Village Clerk Leroy .ref tan
a ger