2009 Emerald Lane - Order For Judgement. ,?
STATE OF MINNESOTA
COUNTY OF DAKOTA
` Charles M. MacDonald,
vs.
City of Eagan
Appellant,
Respondent.
DISTRICT COURT
FIRST JUDICIAL DISTRICT
Case Type 10 - Other Civil
File No. C7-91-7726
STIPOLATION AND ORD$R
80R JIIDGMENT
WHEREAS, Charles M. MacDonald and Dawn MacDonald ("the
McDonalds") are the owners of Parcel No. 10-16700-010-09 legally
described as Lot 1, Block 9, Cedar Grove First Addition ("SUbject
Property"); and
WHEREAS, on June 18, 1991, the Subject Property was assessed by
the City of Eagan for road reconstruction as part of Public
Improvement Project No. 584; and
WHEREAS, Parcel No. 10-16700-010-09 was assessed $4,245.33 for
road reconstruction; and
WHEREAS, the MacDOnalds have appealed the assessments against the
Subject Property to District Court; and
WHEREAS, the parties have agreed to settle the above-captioned
dispute.
NOW, THEREFORE, the parties hereby agree as follows:
1. The road reconstruction assessment for Parcel No.
10-16700-010-09 in the current sum of $4,245.33 shall be reassessed
in the amount of $3,000.00.
2. The MacDonalds shall waive any requisite notice of
hearing and further waive a public hearing on the reassessment.
3. The City of Eagan shall pay the sum of $900.00 to the
MacDonalds as satisfaction of any and all costs arising from the
special assessment of their property for Project 584 and the
MacDonalds' appeal thereof.
4. The parties agree that this Stipulation shall bind all
their heirs, successors, assigns and agents.
5. The City of Eagan shall direct the Dakota County
Treasurer to compute the MacDonalds' real estate tax statement usinq
the reassessment sum of $3,000.00.
6. The parties acknowledge that pursuant to an Order
signed by the Honorable Martin J. Mansur and filed on November 22,
1991, this matter has been dismissed with prejudice. The parties also
acknowledge, however, that this Stipulation is subject to the
approval by the Eagan City Council which condition is satisfied by
the execution of this Stipulation by the City.
Dated: 19- ' ;io •Q1
i
A. Egan
Its: Mayor (./
Dated: By:
4E. VanOverbeke
s. City Clerk
Dated:
Dated • /lX?? • /! ?f /?` /
APPROVED AS TO FORM:
tV
City Attorn? y's Of ce
Dated :
LANDOWNERS
NV" "/' v
Charles M. MacDonald
Dawn MacDOnald
APPROVED AS TO CONTENT:
Public Works Department
Dated: / -,z -i S - :2 j
ORDSR FOR JIIDGMENT
Based upon the
the City of Eagan and
IT 25 THEREFORE
ACCORDINGLY.
Dated:
Eoregoing Stipulation entered into by and between
Charles MacDonald and Dawn MacDonald;
THE ORDER OF THIS COURT THAT JUDGMENT BE ENTERED
BY THE COURT:
JUDGE OF DISTRICT COURT
i certify that the above constitutes a judgment of the.Court.
JUDGMENT ENTERED AND FILED THIS
1991.
(SEAL)
DAY OF
BY THE COURT
ROGER W. SAMES
DISTRZCT COURT ADMINISTRATaR
Deputy
RESOLIITION OF CITY OF SAGAN ADOPTINd
BSTTLEMENT AGRSEMENT
WHEREAS, Charles M. MacDOnald and Dawn MacDonald are the owners
of Parcel number 10-16700-010-09 ("Subject Property"); and
WHEREAS, on June 18, 1991, the Subject Property was assessed by
the City of Eagan for road reconstruction as part of Public
Improvement Project No. 584; and
WHEREAS, Charles M. MacDonald and Dawn MacDonald brought an
action in District Court appealing the sum of the assessments known
as Charles M. MacDonald v. Citv of Eaqan, Court File No. C7-91-7726;
and
wHEREAS, the parties have agreed to settle this dispute according
to the terms described in the attached Stipulation for Settlement.
NOW THEREFORE, BE IT RESOLVED, that the Eagan City Council hereby
adopts the attached Stipulation for Settlement resolving the
MacDonald Assessment Appeal and authorizes the Mayor and City Clerk
to execute the Stipulation on the City's behalf.
EAGAN
:/Phomas A.
Its: Mayor
Attest:
By: J. VanOverbeke
Its. City Clerk
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