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RESOLUTION NO. 99-130
A RESOLUTION AUTHORIZING PARTIAL PAYMENT OF
CONDEMNATION AWARD DURING A PENDING APPEAL
WHEREAS, the City has initiated Eminent Domain proceedings for the acquisition of
land for park purposes; and
WHEREAS, the action is pending in the District Court of Washington County, Tenth
Judicial District, as District Court File No. C5-98-3829; and
WHEREAS, the Commissioners filed an Award with regard to property owned by James
R. Huntsman and Zenith Annette Huntsman, husband and wife, and filed the Award with the
District Court of Washington County on the 29`" of March, 1999; and
WHEREAS, on the 16'" of April, 1999, the Huntsmans and each of them filed a Notice of
Appeal of the Commissioners Award of Damages with the District Court and the Appeal is now
pending; and
WHEREAS, M.S. 117.155 provides that at any time during the pending appeal the
property owners may demand a partial payment of the Award pending a final determination
thereof in the amount not in excess ofthree-fourths of the Award of Damages for the parcel; and
WHEREAS, the Commissioners Award. of Thirty Thousand Dollars and no/100
authorizes a partial payment in the amount of Twenty-Two Thousand Five Hundred Dollars and
no/100 and further, the expenses of an appraiser are reimbursable under the statute to the amount
of Five Hundred Dollars, and it therefore appears the Huntsmans are entitled to payment in these
proceedings in the amount of Twenty-Three Thousand Dollars and no/100.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
That the payment of a partial Award and a payment of the Appraisal Fee are hereby
authorized for a total payment to James R. Huntsman and Zenith Annette Huntsman in
the amount of Twenty-Three Thousand Dollars and no/100.
2. That the City Attorney is authorized to deliver payment to the Huntsmans and if
authorized by law seek from the District Court an Order Transferring Possession of their
Real Estate involved in these proceedings to the City.
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Enacted by the City Council of the City of Stillwater this 18th day of May, 1999.
CITY OF STILLWATER
a imb ,Mayor
ATTEST:
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Morli W ldon, Clerk