Res 70 - 398 Providing for Settlement of Kulhanek Condemnation AppealVillage of Mendota Heights
Dakota County, Minnesota
RESOLUTION NO. 398
RESOLUTION PROVIDING FOR SETTLEMENT OF
KULHANEK CONDEMNATION APPEAL
WHEREAS, the Village has heretofore commenced condemnation proceed-
ings for the purpose of acquiring certain properties for Village
purposes pursuant to a condemnation previously commenced by the
Village entitled Village v. Stefani, et al., and
WHEREAS, as to Parcel No. 53 in said condemnation proceedings, the
commissioners appointed by the Court previously made an award in
the total amount of $17,200.00,as damages resulting from the taking
by the Village of said parcel, and
WHEREAS, both the Village and the respondents as to said Parcel No. 53
filed appeals from the commissioners' award of damages, and
WHEREAS, the appeals from said commissioners award were recently
heard by the District Court at Hastings, Minnesota, and
WHEREAS, as a result of said proceedings before the District Court,
the jury in said proceedings determined that the total amount of
damages as to said Parcel No. 53 amounted to $23,500.00, and
WHEREAS, the Village Attorney has reported that the landowners as
to said Parcel No. 53 (Edward P. Kulhanek and Elizabeth A. Kulhanek,
husband and wife) have agreed to accept the total sum of $24,000.00
in full payment and settlement and as consideration for the taking
by the Village of said property subject to the condition that said
landowners would have the right to occupy said premises through
May 1, 1971, without payment of rent therefor, and
WHEREAS, it is in the best interests of the Village of Mendota Heights
to acquire said property for said proposed consideration.
NOW THEREFORE, IT IS HEREBY RESOLVED by the Village Council of the
Village of Mendota Heights as follows:
1) That the Village hereby authorizes and approves
the total payment of $24,000.00 to said landowners
in full settlement and as consideration for the taking
by the Village of the above described property.
46" J
2) That the Village Attorney be and is hereby authorized
and directed to execute any and all papers and documents
necessary to effectuate said settlement.
Adopted by the Village Council of the Village of Mendota Heights
this 15th day of December, 1970.
VILLAGE COUNCIL
VILLAGE OF MENDOTA HEIGHTS
By " &. jjjLJ
Donald L. Huber
Mayor