Res 2018-23 Dahl Settlement AgreementRESOLUTION NO. 2018 - 23
RESOLUTION APPROVING SETTLEMENT AGREEMENT RELATED TO THE
DEFERRED ASSESSMENT PLACED ON PARCEL ID. NO. 12-30-24-21-0002,
UNDER THE 1986-1 STREET IMPROVEMENT PROJECT AND HEREBY
AMENDING RESOLUTION NO. 2017 - 41
WHEREAS, Wayne Earl Dahl (the "Landowner"), until very recently, owned the real and
improved property located at 7699 Viron Rd NE in Fridley (the "Property"); and
WHEREAS, there exists a disputed deferred assessment against the Property pursuant to the
1986-1 Street Improvement Project; and
WHEREAS, the disputed deferred assessment presented impediments to the sale, closing, and
improvement of the Property; and
WHEREAS, to permit transfer of title and closing on the Property, as well as subsequent
improvement of the Property while preserving the City's rights with respect to obtaining
payment of the deferred assessment, the City and the Landowner executed an Escrow Agreement
and proceeded with a District Court lawsuit related to the disputed deferred assessment against
the Property; and
WHEREAS, prior to the commencement of mediation as ordered by the District Court, the City
and the Landowner engaged in a series of settlement negotiations which resulted in the attached
proposed Settlement Agreement since the anticipated litigation costs were significant when
compared to the disputed deferred assessment amount.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FRIDLEY, THAT
1. The attached Settlement Agreement is hereby approved, and the Mayor and City Clerk
are hereby authorized to execute the attached Settlement Agreement.
2. The City Attorney is hereby authorized to process the settlement pursuant to the terms of
the attached Settlement Agreement and to file for the dismissal of the District Court
lawsuit.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
14TH DAY OF MAY, 2018.
SCOTT J. LUND — MAYOR
ATTEST:
DEBRA A. SKOGEN — CITY CLERK
SETTLEMENT AGREEMENT
Parties: Wayne Earl Dahl, a single person
City of Fridley, a municipal corporation
Case: In re the Matter of Wayne Earl Dahl, Appellant, and the City ofFridley, a
municipal corporation, Respondent
Court: Anoka County District Court, 10th Judicial District
File No.: 02 -CV -17-4832
Settlement terms:
I, The parties hereto agree that the funds currently held in escrow by All American
Commercial Title, Inc. pursuant to an Escrow Agreement encumbering $66,120.89 from
the sale of property legally described in Exhibit A, attached hereto and made a part
hereof, will be disbursed as follows:
A. $7,500.00 shall be disbursed to the City of Fridley with a check made payable to
the City of Fridley and said check shall be mailed to Jay P. Karlovich, Fridley
City Attorney, 633 South Concord Street, Suite 400, South St. Paul, NIN 55075;
B. The balance of the $66,120.89 escrow amount (less said $7,500.00) together with
any accrued interest and less any escrow fees shall be disbursed to the Wayne Earl
Dahl with a check made payable to Wayne Earl Dahl. All American Commercial
Title, Inc. shall notify Wayne Earl Dahl by telephone at (612) 790 — 0911 when
the check is ready to, be picked up;
2. All American Commercial Title, Inc.'s duties as the escrow agent pursuant to said
Escrow Agreement will cease following the disbursement of the escrow funds as stated
above;
3. The City of Fridley accepts said $7,500.00 as full and final payment for the special
assessment of the property legally described in Exhibit A and due in the above -titled
case;
4. The above -titled case will be dismissed according to the Settlement Stipulation, Order,
and Judgment pleading attached hereto as Exhibit B, and made a part hereof, which will
be electronically filed with the District Court by and through legal counsel for the parties
hereto following disbursement of the funds held in escrow by All American Commercial
Title, Inc. pursuant to Paragraph I above.
5. No attorney's fees or costs will, be assessed to either party.
6. This document reflects the whole agreement between the parties in the above -titled case.
APPELLANT
Wayne Earl Dahl
By:
Wayne E,�hl-
Dated :
RESPONDENT
City of Fridley
By: OFI,
Scott fund, Mayor
Dated:
Attest:
By:
Debra Skogen, Cit,,,"derk
Dated:
The North 233 feet of the West 230 feet of the Northeast Quarter of the Northwest
(quarter and that part of the North 233 feet of the Northwest (quarter of the Northwest
Quarter lying Easterly of said Highway No. 65 as the same is now laid out and
constructed all in Section 12, Township 30, Range 24, Anoka County, Minnesota, and
subject to the rights of the public over the North 33 feet and over the West 30 feet thereof
for highway and driveway purposes, according to the reap or plat thereof on file with the
County Recorder of Anoka County, Minnesota
EXHIBIT B
SETTLEMENT S11PUL4,n$JLT, A,ITDU
STATE OF MINNESOTA
COUNTY OF ANOKA
Wayne Earl Dahl
Appellant,
V.
City of Fridley,
a municipal corporation
Respondent,
DISTRICT COURT
TENTH JUDICIAL DISTRICT
COURT FILE NO, 02 -CV -17-4832
SETTLEMENT STIPULATION
ORDER AND JUDGMENT
Case Type: Special Assessment
Appeal
WHEREAS, Appellant and Respondent have resolve this special assessment dispute
pursuant to a separate agreement.
WHEREAS, Appellant and Respondent desire the above -entitled action shall be
dismissed with prejudice and without an award of any litigation costs, expenses and/or attorneys'
fees to any party.
I. That Appellant and Respondent agree the above -entitled action shall be dismissed
with prejudice and without an award of any litigation costs, expenses and/or
attorneys' fees to any party.
2. That it is further agreed that Respondent shall cause judgment of dismissal with
prejudice and on the merits to be entered herein.
ATTORNEYS FOR
APPELLANT
LAW OFFICE, S OF RACHEL K. NELSON, PLLC
By:
Rachel K. Nelson, Lie. No, 0391333
Law Offices of Rachel K. Nelson, PLLC
P.O. Box 120670
St. Paul, MN 55112
Telephone: (763) 234-0447
ATTORNEYS FOR
RESPONDENT
I II -XV [1 0111 N -i I : , � : , � ", I
By:
Darcy M. Erickson, Lic. No. 29598X
David S. Kendall, Lie. No. 247650
Jay P. Karlovich, Lie, No. 247650
LeVander Gillen & Miller, P.A.
633 South Concord Street, Suite 400
South St. Paul, MN 55075
Telephone: (651) 451-1831
Pursuant to the foregoing Stipulation, the above -entitled action is hereby dismissed with
prejudice and without an award of any litigation costs, expenses and/or attorneys' fees to any
party.
LET JUDGEMENT BE ENTERED ACCORDINGLY.
Dated: 2018,
BY THE COURT:
Judge of District Court
llv� �01
I hereby certify that the above Order constitutes a judgment of the Court.
Dated: 2018.
COURT ADMINISTRATOR:
an
Its: