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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 ?