HomeMy WebLinkAbout1972-151 CCRMember John Leary introduced the following resolution and
moved its adoption:
RESOLUTION NO. 72 -151
RESOLUTION RESCINDING AUTHORIZATION IN RESOLUTION
NO. 72 -85 AND RE- AUTHORIZING THE PURCHASE OF MINN.
OSA -82 PARCEL 3 INCLUDED IN THE CITY OPEN -SPACE
APPLICATION AND PAYMENT OF RELATED COSTS
WHEREAS, the City of Brooklyn Center desires to acquire lands to be
preserved for permanent open space use and has made application to the
Federal Government for financial assistance therefor under Title VII of the
Housing Act of 1961 as amended; and
WHEREAS, on May 26, 1969 the City Council adopted Resolution
No. 69 -242 authorizing the City to enter into a contract with the Federal
Government for said financial assistance; and
WHEREAS, the contract for said financial assistance identified as
Contract No. MINN.OSA -82 was executed by the City and the Federal Government
on March 27, 1970; and
WHEREAS, on the 6th day of May 1969, the City Planning Commission
reviewed the following parcel and thereupon adopted a resolution approving
the acquisition of said parcel and stating that such acquisition was in con-
formance with the comprehensive plan for the community; and
WHEREAS, as required by regulations adopted by the Department of
Housing and Urban Development applicable to land acquisition under the afore-
mentioned Title VII, two appraisals have been obtained, said appraisals being
on file in the Office of the City Clerk; and
WHEREAS, pursuant to regulations adopted by the Department of
Housing and Urban Development applicable to land acquisition under the afore-
mentioned Title VII, two appraisals have been obtained, said appraisals being
on file in the Office of the City Clerk; and
WHEREAS, pursuant to regulations adopted by the Department of Housing
and Urban Development, the purchase of said parcels has been negotiated and
subsequently entered into eminent domain proceedings; and
WHEREAS, the City Council on June 12, 1972 adopted Resolution No.
72 -85 authorizing certain payments based upon commissioner's condemnation
awards; and
WHEREAS, said authorization was rendered incorrect by the results of
further legal action by the owner of the subject parcel:
1
Resolution No. 72 -151
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center to rescind the payment authorizations contained in Resolution
No. 72 -85 and to authorize the following payments based upon the Commissioner's
condemnation awards and further based upon subsequent court determinations:
Payee Amount
Sigrud D. Edling
and Sylvia Edling
and James Russell,
their attorney $38,413.63
City of Brooklyn
Center 8,253.83
Finance Director,
Hennepin County 5,764.30
Richard H. Bachelder 260.00
Robert E. Olson
W.A. Porter
Dewey Newcombe and
Sigrud D. Edling
ATTEST:
August 14, 1972
210.00
210.00
300.00
District Court
File No. Purpose
C1 -106 Damages plus
interest, 5/1/1972
through 8/14/1972
at 6% per annum
C1 -106
C1 -106
C1 -106
C1 -106
C1 -106
Special Assessments
Delinquent taxes,
interest and penalties
Fees and mileage
Fees and mileage
Fees and mileage
C1 -106 Appraisers Fees
The motion for the adoption of the foregoing resolution was duly
seconded by member Howard Heck, and upon vote being taken
thereon, the following voted in favor thereof: Philip Cohen,
John Leary, Howard Heck and Maurice Britts;
and the following voted against the same: Vernon Ausen,
whereupon said resolution was declared duly passed and adopted.