4.0. SR 08-20-2001 - Laserfiche WebLink

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TO: FROM: DATE: SUBJECT: MEMORANDUM Mayor and Council Pat Klaers, City Administrator August 20, 200 I Executive Session - Deschenes Litigation Item 4. Howard Roston, from Maslon, Edelman, Borman, & Brand law f~rm, has been representing the city on all of the East Elk River land acquisition activities. I have asked Howard to come to this City Council meeting to provide an update of the acquisition of the George Deschene property. This property lies just south of County Road 13 at the intersection of the new street (see attachments). Most of the attached material is from the May 1999 city appraisal which as completed by Patchin Messner Appraisals, Inc. This is the last remaining city land acquisition issue related to the East Elk River street project. We are scheduled to go to court for a jury hearing the week of September 10, 2001 to determine the value of this property. Due to a number of situations, including illnesses, car accidents, death in families, vacations, etc; (you name it and it happened), this land acquisition case has seen a series of delays. Actually, the city has recendy rejected another request by the attorneys for Mr. Deschene for a further postponement in this case. Each delay seems to cost the city more money, as Mr. Roston has to reeducate himself and gear up again for the next step in the legal process. No one at the city is quite sure how we got to this jury hearing point in the acquisition process. Long ago we agreed to relocation expenses for the family and two businesses that were on the site. The appraisals for the land value completed by the city and landowner were reasonably close. Our value ~vas $265,000 and their value was approximately $320,000. Somewhere along the line - I think it was shortly after when the cul-de-sac disappeared and with this so did the potential George Deschene business relocation site - the value of the Deschene property, according to Mr. Deschene, increased significantly. All indications are that Mr. Deschene now believes that the value of his property is in the $550-600,000 range. It should be noted that this issue relates to the entire taking of the 10.27 acres, as there is no reasonable access to the remaining parcel on the east side of the road and this area is crisscrossed with utility lines, casements, and wetlands.