99-025
....
.
CITY OF SHOREWOOD
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 99- 025
A RESOLUTION APPROVING A SETTLEMENT AGREEMENT
WHEREAS, the City constructed certain Water System Improvements
("Improvements") within the City; and
WHEREAS, Plaintiffs' Marsh Pointe, LLP and Lundgren Bros. Construction,
Inc., have an interest in the title to certain parcels of real property located in the City
("Plaintiffs' Property"); and
WHEREAS, pursuant to Minn. Stat. Ch. 429, the City levied a sp~ial
assessment against Plaintiffs' Property in the amount it alleged Plaintiffs' Property
benefited from the Improvements; and
WHEREAS, Plaintiffs dispute the amount of benefit Plaintiffs' Property received
from the Improvements; and
WHEREAS, Plaintiffs commenced this action with regard to certain parcels of
Plaintiffs' Property identified in Exhibit A attached to plaintiffs' Notice of Appeal of
Special Assessment in Connection With Improvements ("Subject Property"); and
.
WHEREAS, Plaintiffs' ownership of the Subject Property is for residential
development purposes; and
WHEREAS, the City has issued building permits for some parcels of the Subject
Property, but not the following parcels ("Settlement Parcels"):
LotIBlockl Addition
08/01/1
10/01/1
15/01/1
17/01/1
18/01/1
20/01/1
22/01/1
24/0 III
25/01/1
01/0211
02/02/1
03/0211
04/0211
05/0211
.
Street Address
26995 Marsh Pointe Court
27125 Marsh Pointe Court
5670 Marsh Pointe Drive
5630 Marsh Pointe Drive
26820 Marsh Pointe Circle
26870 Marsh Pointe Circle
26855 Marsh Pointe Circle
26805 Marsh Pointe Circle
5570 Marsh Pointe Drive
5695 Marsh Pointe Drive
5675 Marsh Pointe Drive
5655 Marsh Pointe Drive
5615 Marsh Pointe Drive
5595 Marsh Pointe Drive
.
.
.
l'
WHEREAS, the parties desire to resolve the issues of this case without requiring
a trial on the merits of the case, and have negotiated the following mutually acceptable
resolution of this dispute.
NOW, THEREFORE, BE IT RESOLVED, the City will reduce by $2,000 the
special assessment amount levied against each of the Settlement Parcels.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that each party will
bear their own costs, fees and disbursements incurred in the litigation.
ADOPTED BY THE CITY COUNCIL, of the City of Shorewood, Minnesota
this 26th day of April, 1999.
Woody Love, Mayor
A~~ST:
!
/V1IY7
es C. Hurm, City Administrator/Clerk