1954-559r
FEES OLUT ION N0. 559
RESOLUTION AUTACRIZTNG SETTI~NT CF CI~TM
~GA.INST G ONDEMIVA-TT ON AWl~~RDS
WHEREAS, an eminent domain ;proceeding was instituted ~ the Minneapolis-St,
3'au.l Metropolitan ~i.rports Commi~.ssiion to acquire certain lands. East of 2l~th ~veQ
in the Qillage of Richfield, such proceeding-being in the bistxict Court of Henne-
pin County and bearing File Nor 505251, and
WHEREAS, said proceeding involved the acquisition bar said airports commission
off` eight (8) parcels of 7a nd owned by the respondents named therein, and
WHEREAS; the sa~.d lands t+r~re subject to special assessments for Sanitary
Sewer Improvement Noe. l; one (l) installment of which ai~s~essment has now been
paid; and
WH~RF~S, the V3:llage of Richfield has. been. sei~re~ with. an Crder to Show Cause
wYiy the full amount of the award should not be pa3;d otter to the fee owners thereof,
and
WHEREAS, the Village eif Richfield has appeared and responded to said G~der
tb Show cause and has asserted a. claim for the full ainourit of the unpaid special
~... W ~ssment .upon the p~.rcels of said land being acquired in said p~oceedi3lg ~ and
WHEREAS; the outcome of litigation regarding said claim. of the Tillage of
Richfield is of uncertain result, and
WHEREAS, it appears. in the best interest of the Village df Richfield to com-
,~romise said claim as hereinafter setforth by reason of such uncertain result and
the probable expense and uncertainty' involved in li.tiga~ing said ~iestibn; and
WHEREAS, the former fee owners of said parcels of ~i,nd have agreed to pay to
the Village of Richfield a sum e~a.al to one-half of the principal balance on said
unpaid special assessment in fu7.1.. settlement of the village's claim. against the
condemnation awards, which awards hav~e.boen paid into the District Court of
Hennepin County, Minnesota,,
NOnT, THEREFORE, BE IT RESOLVED By the Village Counci]. of the Village of
Richfield Hennepin County= Minnesota as. follows:
1. That the Mayor and Manager are hereby authorized and directed to execute
for and on behalf of the Village of Richfield a Stipulation for Settlement and
such other documents as may be necessary to effect a settlement of the villages
claim against the said condemnation awards in accordance with the aforementioned
offer of settlement.
2, That in view of the uncertain questions of fact and law surrounding said
claim, and in view of all the facts. and circumstances said settlement is hereby
determined to be a fair and reasonable disposition of the villages claim. against
said awardsy and the same is hereby authorized, appro~'ed and adopted.
adopted by the v3.lla.ge council. this 29th day of Novembers 195
ATTEST :
Clerk