Res 74 -108 Providing for Settlement of Marie Avenue Road Dispute4 ;
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CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. 74-108
RESOLUTION PROVIDING FOR SETTLEMENT OF
MARIE AVENUE ROAD DISPUTE
WHEREAS, Eagle Ridge Association, Inc. and certain of the members
of and residents of the planned unit development known as Eagle
Ridge have heretofore commenced an action against the City requesting,
among other things, that the construction of Marie Avenue between
Victoria Avenue and Interstate 35E be temporarily and permanently
enjoined,' and �
WHEREAS, the plaintiffs in said action and the owners of the property
immediately to the North of said Eagle Ridge Development have agreed
to the settlement of said action subject to the following terms and
conditions:
l. The center line of said Marie Avenue between Eagle Ridge
Road and Victoria Avenue will be moved approximately 32 feet to the
North of the present proposed location thereof.
2. There shall be paid to the McCloud-Allstrom interests, the
owners of the property immediately to the North of said Eagle Ridge,
the total sum of $20,000.00 in full payment and consideration for
the acquisition of the additional right of way and slope easements
required by reason of the moving of said right of way.
3. The plaintiffs in said lawsuit shall pay to the City the
total sum of $15,000.00 to be applied by the City for the acquisition
of said McCloud-Allstr.om right of way. ,
4. That portion of the land presently owned by Messrs. Bream
and/or Tuminelly and/or Mendota Development Company required in order
to complete the construction of Marie Avenue between Dodd Road and
Victoria Avenue including slope easements therefor shall be conveyed
to the City without any further consideration to be paid therefor.
5. The City shall acquire for park purposes the approximately
12.9 acres of land owned by the McCloud-Allstrom interests located
immediately to the North of Marie Avenue and immediately Easterly
of I-35E for a consideration of $4,000.00 per acre with the City to
assume any unpaid assessments outstanding against said property.
and
WHEREAS, the City Council is of the opinion that the settlement of
said litigation upon the terms and conditions set forth above will
be in the best interests of the City.
NOW THEREFORE, the City Council of the City of Mendota Heights,
Minnesota, does hereby resolve as follows:
1) The settlement more particularly described,above is
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hereby approved sub�ect to and contingent upon the
delivery to the City on or before 6:00 o'clock P..M. on
January 7, 1975, of:
a. $15,000.00 in cash to be paid by the �laintiffs
in said action, and .
b. The executed deeds and easements required from
° Messrs. Bream and/or Tuminelly and/or Mendota
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� Development Company referred to above.
2) Subject to the delivery of said cash and deeds and ease-
ments to the City, the City Attorney be and is hereby
authorized and directed to take any and all steps necessary
to consummate said settlement.
Adopted by the City Council of the City of Mendota Heights, Minnesota,
this 23rd day of December, 1974.
ATT.FST
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City Cle • �/
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CITY COUNCIL
CITY OF MENDOTA HEIGHTS
By ��.��� 1
Donald L. Huber
Mayor